Hits and misses of the 2025 Legislative Session
By Michael Pauley
Executive Director, SDCC
The 2025 session of the state legislature wrapped up March 13, yielding mixed results on issues important to the South Dakota Catholic Conference.
A noteworthy success was passage of HB 1053, a bill requiring websites containing obscenity to implement age verification technology to prevent minors from gaining access. Similar legislation was killed last year in the senate, but this year it easily won approval. South Dakota is the 20th state to enact this policy to shield children from harmful content.
Unfortunately, another bill to protect children from pornographic books in schools and libraries – HB 1239 – fell victim to a “hoghouse” amendment that gutted the bill and replaced it with language that makes a few small and mostly inconsequential changes to the state’s anti-obscenity laws. In its original form, HB 1239 would have removed a bizarre loophole that exempts schools and libraries from complying with an existing state law that prohibits distributing “material harmful to minors” – even though commercial establishments and private citizens have always been subject to this law. Parents have frequently complained about shocking, pornographic books that are made available to children in libraries. This issue is likely to be revisited by lawmakers in 2026.
Another issue the legislature debated was a “re-run” from almost a decade ago. In 2016, lawmakers passed a bill to protect student privacy by requiring that multi-occupancy restrooms and locker rooms in schools must be designated for the exclusive use of males or females. However, the bill was vetoed by then-Governor Dennis Daugaard. This year the legislature considered HB 1259, which expanded on the 2016 bill to include all buildings owned by the state and local governments. HB 1259 passed both houses and was signed into law by the governor in March.
A unique bill that passed this year was HB 1044, which authorizes the installation of “newborn safety devices,” commonly known as baby boxes, to facilitate the safe surrender of newborn children under the state’s safe haven law. A baby box is a padded, climate-controlled receptacle, typically placed at a facility such as a fire station or hospital. It is equipped with a motion detector and alarm system that notifies facility staff and a 911 service when a baby has been placed inside. South Dakota now joins 20 other states using these life-saving devices.
Education choice was a hot topic early in the session, as lawmakers debated HB 1020. This measure proposed “education savings accounts” (ESAs) that would financially empower parents to choose private schools or home education for their children, providing about $3,000 per student for tuition, curricula, online classes, and other expenses. The legislation was defeated in the House Education Committee by a vote of 6 to 9. Despite this disappointing outcome, HB 1020 nonetheless garnered more support than any education choice measure considered in recent years. We can expect to see this topic revisited when lawmakers convene again in January 2026.
Learn about other issues the South Dakota Catholic Conference engaged with during the session by visiting sdcatholicconference.org.
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