South Dakota 2026 Regular Session Status: Enacted

SB 44 — establish investigative subpoena authority to gather business records in certain investigations.

Last action — Signed by the Governor on 2026-03-30 S.J. 548

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 13, 2026. Enacted.

Signed by Governor Larry Rhoden (Republican) on March 30, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

116 added · 90 removed

Plain-language change summary

The recent changes in Bill SB 44 clarify and define key terms related to the authority of the Attorney General to issue investigative subpoenas for business records during criminal investigations. Specifically, the bill expands the definitions of "provider" to include various types of communication and internet services. These updates are significant as they ensure law enforcement has clearer access to important records that may aid in serious criminal cases, while still requiring judicial approval for such requests. This aims to balance the needs of investigations with the protection of individual privacy rights.

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26.459.11 101st Legislative Session 44 South Dakota Legislature Senate Bill 44 SENATE JUDICIARY ENGROSSED Introduced by:
26.459.12 101st Legislative Session 44 South Dakota Legislature Senate Bill 44 ENROLLED AN A CT ENTITLED An Act to establish investigative subpoena authority to gather business records in certain investigations.
The Chair of the Committee on Judiciary at the request of the Attorney General An Act to establish investigative subpoena authority to gather business records in certain investigations.
B E IT ENACTED BY THE L EGISLATURE OF THE S TATE OF S OUTH D AKOTA :
B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH D AKOTA :
Overstrikes indicate deleted language.
26.459.12 2 44 In any criminal investigation conducted by the Division of Criminal Investigation involving a state offense related to internet crimes against children or human trafficking, the attorney general or the attorney general's designee may apply to a magistrate judge or circuit judge of Hughes County for judicial approval to issue an investigative subpoena.
26.459.11 2 44 In any criminal investigation conducted by the Division of Criminal Investigation involving a state offense related to internet crimes against children or human trafficking, the attorney general or the attorney general's designee may apply to a magistrate judge or circuit judge of Hughes County for judicial approval to issue an investigative subpoena.
Overstrikes indicate deleted language.
SB44 ENROLLED 26.459.12 3 44 (6) Device information and device identifiers;
26.459.11 3 44 (6) Device information and device identifiers;
Overstrikes indicate deleted language.
SB44 ENROLLED 26.459.12 4 44 An Act to establish investigative subpoena authority to gather business records in certain investigations.
Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:
at ____________M.
Senate as Bill No.
44 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:
Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:
at _________ o'clock __M.
Chief Clerk of the House Secretary of State Senate Bill No.
44 By File No.
____ Asst.
Secretary of State Chapter No.
______ SB44 ENROLLED
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Action History

  1. Signed by the Governor on 2026-03-30 S.J. 548

  2. Delivered to the Governor on 2026-03-10 S.J. 510

  3. Signed by the Speaker H.J. 543

  4. Signed by the President S.J. 485

  5. House of Representatives Do Pass Amended , Passed, YEAS 52, NAYS 15 H.J. 512

  6. Remove from Consent Calendar H.J. 486

  7. Certified uncontested, placed on consent , Passed, H.J. 31

  8. Judiciary Do Pass , Passed, YEAS 11, NAYS 0 H.J. 31

  9. Scheduled for hearing

  10. First read in House and referred to House Judiciary H.J. 136

  11. Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 95

  12. Senate Deferred to another day , Passed, S.J. 85

  13. Judiciary Do Pass Amended , Passed, YEAS 6, NAYS 0 S.J. 3

  14. Judiciary Motion to amend , Passed, S.J. 3 Amendment 44A

  15. Scheduled for hearing

  16. Scheduled for hearing

  17. First read in Senate and referred to Senate Judiciary S.J. 13

Sponsors

  • Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on · 15 voted No

Sponsors (1)

  • Judiciary

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass Amended

Passed 52 Yea · 15 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 451503
Democratic 5000
Unaffiliated 2000
Total 521503
% of votes cast 74%21%0%4%
How each member voted (70)
Member Party Vote
Kolbeck (Jack) — Yea
Van Diepen — Yea
Eric Emery Democratic Yea
Erik Muckey Democratic Yea
Erin Healy Democratic Yea
Kadyn Wittman Democratic Yea
Nicole Uhre-Balk Democratic Yea
Aaron Aylward Republican Nay
Al Novstrup Republican Yea
Amber Arlint Republican Yea
Bethany Soye Republican Not Voting
Bobbi Andera Republican Yea
Brandei Schaefbauer Republican Nay
Brian Mulder Republican Yea
Chris Kassin Republican Yea
Curt Massie Republican Yea
David Kull Republican Yea
Drew Peterson Republican Yea
Dylan Jordan Republican Nay
Greg Jamison Republican Yea
Heather Baxter Republican Nay
Jana Hunt Republican Nay
Jeff Bathke Republican Not Voting
Jessica Bahmuller Republican Yea
Jim Halverson Republican Yea
John Hughes Republican Yea
John Shubeck Republican Yea
John Sjaarda Republican Nay
Jon Hansen Republican Yea
Josephine Garcia Republican Nay
Julie Auch Republican Nay
Kaley Nolz Republican Yea
Karla Lems Republican Yea
Kathy Rice Republican Nay
Kent Roe Republican Yea
Keri Weems Republican Yea
Lana Greenfield Republican Yea
Leslie Heinemann Republican Yea
Liz May Republican Nay
Logan Manhart Republican Nay
Marty Overweg Republican Yea
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mellissa Heermann Republican Yea
Mike Derby Republican Yea
Mike Stevens Republican Yea
Mike Weisgram Republican Yea
Nick Fosness Republican Yea
Peri Pourier Republican Yea
Phil Jensen Republican Nay
Rebecca Reimer Republican Yea
Roger DeGroot Republican Yea
Scott Moore Republican Yea
Scott Odenbach Republican Yea
Spencer Gosch Republican Nay
Steve Duffy Republican Yea
Taylor Rehfeldt Republican Yea
Terri Jorgenson Republican Yea
Tesa Schwans Republican Yea
Tim Czmowski Republican Not Voting
Tim Goodwin Republican Yea
Tim Reisch Republican Yea
Tim Walburg Republican Yea
Tina Mulally Republican Yea
Tony Kayser Republican Yea
Tony Randolph Republican Nay
Travis Ismay Republican Nay
Trish Ladner Republican Yea
Will Mortenson Republican Yea
William Shorma Republican Yea

Official roll call →

Do Pass

Passed 11 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 10002
Democratic 1000
Total 11002
% of votes cast 85%0%0%15%
How each member voted (13)
Member Party Vote
Kadyn Wittman Democratic Yea
Curt Massie Republican Yea
David Kull Republican Yea
Jana Hunt Republican Yea
John Hughes Republican Not Voting
Mary Fitzgerald Republican Yea
Matt Roby Republican Yea
Mike Stevens Republican Yea
Peri Pourier Republican Yea
Rebecca Reimer Republican Yea
Tim Reisch Republican Not Voting
Tim Walburg Republican Yea
Will Mortenson Republican Yea

Official roll call →

Do Pass Amended

Passed 34 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 30001
Democratic 3000
Unaffiliated 1000
Total 34001
% of votes cast 97%0%0%3%
How each member voted (35)
Member Party Vote
Otten — Yea
Jamie Smith Democratic Yea
Liz Larson Democratic Yea
Red Dawn Foster Democratic Yea
Amber Hulse Republican Yea
Arch Beal Republican Not Voting
Brandon Wipf Republican Yea
Carl Perry Republican Yea
Casey Crabtree Republican Yea
Chris Karr Republican Yea
Curt Voight Republican Yea
Glen Vilhauer Republican Yea
Greg Blanc Republican Yea
Helene Duhamel Republican Yea
Jim Mehlhaff Republican Yea
John Carley Republican Yea
Joy Hohn Republican Yea
Kevin Jensen Republican Yea
Kyle Schoenfish Republican Yea
Larry Zikmund Republican Yea
Lauren Nelson Republican Yea
Mark Lapka Republican Yea
Michael Rohl Republican Yea
Mykala Voita Republican Yea
Paul Miskimins Republican Yea
Randy Deibert Republican Yea
Sam Marty Republican Yea
Stephanie Sauder Republican Yea
Steve Kolbeck Republican Yea
Sue Peterson Republican Yea
Sydney Davis Republican Yea
Taffy Howard Republican Yea
Tamara Grove Republican Yea
Tim Reed Republican Yea
Tom Pischke Republican Yea

Official roll call →

Subjects

public-safety elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 44?
SB 44 is sponsored by Judiciary.
What is the current status of SB 44?
This bill has been enacted into law. Introduced January 13, 2026. Enacted.
Where can I track SB 44?
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