25.367.13 100th Legislative Session 100
2025 South Dakota Legislature
Senate Bill 100
SENATE ENGROSSED
Introduced by: Senator Voita
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to limit the imposition of restrictions on the carrying of a concealed pistol 1
and other items of self-defense while on the campus of a public institution of 2
higher education. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
Section 1. That a NEW SECTION be added to chapter 13-39A: 5
Except as otherwise provided in section 2 of this Act, neither the South Dakota 6
Board of Technical Education nor any institution under the control of the board may restrict 7
or limit the lawful carrying, possession, storage, or transportation of: 8
(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any 9
individual holding an enhanced permit, a restricted enhanced permit, or a 10
reciprocal permit in accordance with chapter 23-7, within the boundaries of the 11
institution, or while in any building or structure owned or leased by the board or 12
the institution; 13
(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the 14
institution, or while in any building or structure owned or leased by the board or 15
the institution; or 16
(3) Mace, pepper spray, or other chemical irritant by any individual within the 17
boundaries of the institution, or while in any building or structure owned or leased 18
by the board or the institution. 19
Section 2. That a NEW SECTION be added to chapter 13-39A: 20
The South Dakota Board of Technical Education or an institution under the control 21
of the board may restrict or limit the lawful carrying or possession of any item referenced 22
in subdivision (1), (2), or (3) of section 1 of this Act: 23
(1) In a clearly designated portion of a building or structure, only if any of the following 24
are present: 25 25.367.13 2 100
Underscores indicate new language.
Overstrikes indicate deleted language.
(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R. 1
§ 1910.106 (January 1, 2025); 2
(b) Significant quantities of hazardous materials classified as Category 3 or 3
higher by the 704 Hazard Identification System of the National Fire 4
Protection Association; 5
(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer 6
gases classified as Category 2 or higher by the 704 Hazard Identification 7
System of the National Fire Protection Association; 8
(d) L-size cylinders of acetylene gas; or 9
(e) Magnetic resonance imaging equipment or nuclear magnetic resonance 10
equipment; 11
(2) In a room used for manufacturing or scientific research, if the concentration of 12
airborne particles is controlled in order to maintain an environment with minimal 13
pollutants; 14
(3) In a clearly designated portion of a building or structure to which a facility security 15
clearance applies or for which a federal security clearance is required; or 16
(4) In a building or structure during a special event, provided metal detectors and 17
armed security personnel are present at every public entrance to restrict the 18
possession of any dangerous weapon. 19
Whenever an individual is not carrying or in possession of any item referenced in 20
subdivision (1), (2), or (3) of section 1 of this Act, the individual shall store the item in a 21
locked case or safe. 22
Nothing in this section may be construed to prohibit, restrict, or limit the lawful 23
carrying of any item referenced in subdivision (1), (2), or (3) of section 1 of this Act, 24
beyond that which is necessary to maintain safety, security, or cleanliness within the 25
designated area. 26
Section 3. That a NEW SECTION be added to chapter 13-53: 27
Except as otherwise provided in section 4 of this Act, neither the Board of Regents 28
nor any institution under the control of the board may restrict or limit the lawful carrying, 29
possession, storage, or transportation of: 30
(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any 31
individual holding an enhanced permit, a restricted enhanced permit, or a 32
reciprocal permit in accordance with chapter 23-7, within the boundaries of the 33 25.367.13 3 100
Underscores indicate new language.
Overstrikes indicate deleted language.
institution, or while in any building or structure owned or leased by the board or 1
the institution; 2
(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the 3
institution, or while in any building or structure owned or leased by the board or 4
the institution; or 5
(3) Mace, pepper spray, or other chemical irritant by any individual within the 6
boundaries of the institution, or while in any building or structure owned or leased 7
by the board or the institution. 8
Section 4. That a NEW SECTION be added to chapter 13-53: 9
The Board of Regents or an institution under the control of the board may restrict 10
or limit the lawful carrying or possession of any item referenced in subdivision (1), (2), or 11
(3) of section 3 of this Act: 12
(1) In a clearly designated portion of a building or structure, only if any of the following 13
are present: 14
(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R. 15
§ 1910.106 (January 1, 2025); 16
(b) Significant quantities of hazardous materials classified as Category 3 or 17
higher by the 704 Hazard Identification System of the National Fire 18
Protection Association; 19
(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer 20
gases classified as Category 2 or higher by the 704 Hazard Identification 21
System of the National Fire Protection Association; 22
(d) L-size cylinders of acetylene gas; or 23
(e) Magnetic resonance imaging equipment or nuclear magnetic resonance 24
equipment; 25
(2) In a room used for manufacturing or scientific research, if the concentration of 26
airborne particles is controlled in order to maintain an environment with minimal 27
pollutants; 28
(3) In a clearly designated portion of a building or structure to which a facility security 29
clearance applies or for which a federal security clearance is required; or 30
(4) In a building or structure during a special event, provided metal detectors and 31
armed security personnel are present at every public entrance to restrict the 32
possession of any dangerous weapon. 33 25.367.13 4 100
Underscores indicate new language.
Overstrikes indicate deleted language.
Whenever an individual is not carrying or in possession of any item referenced in 1
subdivision (1), (2), or (3) of section 3 of this Act, the individual shall store the item in a 2
locked case or safe. 3
Nothing in this section may be construed to prohibit, restrict, or limit the lawful 4
carrying of any item referenced in subdivision (1), (2), or (3) of section 3 of this Act, 5
beyond that which is necessary to maintain safety, security, or cleanliness within the 6
designated area. 7