South Dakota 2025 Regular Session

South Dakota Senate Bill SB100 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.367.14 100th Legislative Session 100
	1	+	25.367.13 100th Legislative Session 100
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 100
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to limit the imposition of restrictions on the carrying of a concealed
12		-	pistol and other items of self -defense while on the campus of a public
13		-	institution of higher education.
14		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
15		-	Section 1. That a NEW SECTION be added to chapter 13-39A:
16		-	Except as otherwise provided in section 2 of this Act, neither the South Dakota
17		-	Board of Technical Education nor any institution under the control of the board may restrict
18		-	or limit the lawful carrying, possession, storage, or transportation of:
19		-	(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any
20		-	individual holding an enhanced permit, a restricted enhanced permit, or a
21		-	reciprocal permit in accordance with chapter 23-7, within the boundaries of the
22		-	institution, or while in any building or structure owned or leased by the board or
23		-	the institution;
24		-	(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the
25		-	institution, or while in any building or structure owned or leased by the board or
26		-	the institution; or
27		-	(3) Mace, pepper spray, or other chemical irritant by any individual within the
28		-	boundaries of the institution, or while in any building or structure owned or leased
29		-	by the board or the institution.
30		-	Section 2. That a NEW SECTION be added to chapter 13-39A:
31		-	The South Dakota Board of Technical Education or an institution under the control
32		-	of the board may restrict or limit the lawful carrying or possession of any item referenced
33		-	in subdivision (1), (2), or (3) of section 1 of this Act:
34		-	(1) In a clearly designated portion of a building or structure, only if any of the following
35		-	are present: 25.367.14 2 100
36		-	SB100 ENROLLED
37		-	(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R.
38		-	§ 1910.106 (January 1, 2025);
39		-	(b) Significant quantities of hazardous materials classified as Category 3 or
40		-	higher by the 704 Hazard Identification System of the National Fire
41		-	Protection Association;
42		-	(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer
43		-	gases classified as Category 2 or higher by the 704 Hazard Identification
44		-	System of the National Fire Protection Association;
45		-	(d) L-size cylinders of acetylene gas; or
46		-	(e) Magnetic resonance imaging equipment or nuclear magnetic resonance
47		-	equipment;
48		-	(2) In a room used for manufacturing or scientific research, if the concentration of
49		-	airborne particles is controlled in order to maintain an environment with minimal
50		-	pollutants;
51		-	(3) In a clearly designated portion of a building or structure to which a facility security
52		-	clearance applies or for which a federal security clearance is required; or
53		-	(4) In a building or structure during a special event, provided metal detectors and
54		-	armed security personnel are present at every public entrance to restrict the
55		-	possession of any dangerous weapon.
56		-	Whenever an individual is not carrying or in possession of any item referenced in
57		-	subdivision (1), (2), or (3) of section 1 of this Act, the individual shall store the item in a
58		-	locked case or safe.
59		-	Nothing in this section may be construed to prohibit, restrict, or limit the lawful
60		-	carrying of any item referenced in subdivision (1), (2), or (3) of section 1 of this Act,
61		-	beyond that which is necessary to maintain safety, security, or cleanliness within the
62		-	designated area.
63		-	Section 3. That a NEW SECTION be added to chapter 13-53:
64		-	Except as otherwise provided in section 4 of this Act, neither the Board of Regents
65		-	nor any institution under the control of the board may restrict or limit the lawful carrying,
66		-	possession, storage, or transportation of:
67		-	(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any
68		-	individual holding an enhanced permit, a restricted enhanced permit, or a
69		-	reciprocal permit in accordance with chapter 23-7, within the boundaries of the 25.367.14 3 100
70		-	SB100 ENROLLED
71		-	institution, or while in any building or structure owned or leased by the board or
72		-	the institution;
73		-	(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the
74		-	institution, or while in any building or structure owned or leased by the board or
75		-	the institution; or
76		-	(3) Mace, pepper spray, or other chemical irritant by any individual within the
77		-	boundaries of the institution, or while in any building or structure owned or leased
78		-	by the board or the institution.
79		-	Section 4. That a NEW SECTION be added to chapter 13-53:
80		-	The Board of Regents or an institution under the control of the board may restrict
81		-	or limit the lawful carrying or possession of any item referenced in subdivision (1), (2), or
82		-	(3) of section 3 of this Act:
83		-	(1) In a clearly designated portion of a building or structure, only if any of the following
84		-	are present:
85		-	(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R.
86		-	§ 1910.106 (January 1, 2025);
87		-	(b) Significant quantities of hazardous materials classified as Category 3 or
88		-	higher by the 704 Hazard Identification System of the National Fire
89		-	Protection Association;
90		-	(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer
91		-	gases classified as Category 2 or higher by the 704 Hazard Identification
92		-	System of the National Fire Protection Association;
93		-	(d) L-size cylinders of acetylene gas; or
94		-	(e) Magnetic resonance imaging equipment or nuclear magnetic resonance
95		-	equipment;
96		-	(2) In a room used for manufacturing or scientific research, if the concentration of
97		-	airborne particles is controlled in order to maintain an environment with minimal
98		-	pollutants;
99		-	(3) In a clearly designated portion of a building or structure to which a facility security
100		-	clearance applies or for which a federal security clearance is required; or
101		-	(4) In a building or structure during a special event, provided metal detectors and
102		-	armed security personnel are present at every public entrance to restrict the
103		-	possession of any dangerous weapon. 25.367.14 4 100
104		-	SB100 ENROLLED
105		-	Whenever an individual is not carrying or in possession of any item referenced in
106		-	subdivision (1), (2), or (3) of section 3 of this Act, the individual shall store the item in a
107		-	locked case or safe.
108		-	Nothing in this section may be construed to prohibit, restrict, or limit the lawful
109		-	carrying of any item referenced in subdivision (1), (2), or (3) of section 3 of this Act,
110		-	beyond that which is necessary to maintain safety, security, or cleanliness within the
111		-	designated area. 25.367.14 5 100
112		-	SB100 ENROLLED
113		-	An Act to limit the imposition of restrictions on the carrying of a concealed pistol and other
114		-	items of self-defense while on the campus of a public institution of higher education.
115		-
116		-
117		-
118		-
119		-	I certify that the attached Act originated in
120		-	the:
121		-
122		-	Senate as Bill No. 100
123		-
124		-
125		-
126		-	Secretary of the Senate
127		-
128		-
129		-
130		-
131		-	President of the Senate
132		-
133		-	Attest:
134		-
135		-
136		-
137		-
138		-	Secretary of the Senate
139		-
140		-
141		-
142		-
143		-	Speaker of the House
144		-
145		-	Attest:
	6	+	SENATE ENGROSSED
146	7
147	8
148	9
149	10
150	11
151		-	~~Chief Clerk~~
	12	+	Introduced by: Senator Voita
152	13
153		-
154		-
155		-	Senate Bill No. 100
156		-	File No. ____
157		-	Chapter No. ______
158		-
159		-
160		-
161		-	Received at this Executive Office
162		-	this _____ day of _____________,
163		-
164		-	2025 at ____________M.
165		-
166		-
167		-
168		-	By
169		-	for the Governor
170		-
171		-
172		-	The attached Act is hereby
173		-	approved this ________ day of
174		-	______________, A.D., 2025
175		-
176		-
177		-
178		-
179		-
180		-	Governor
181		-
182		-	STATE OF SOUTH DAKOTA ,
183		-	ss.
184		-	Office of the Secretary of State
185		-
186		-
187		-	Filed ____________, 2025
188		-	at _________ o'clock __M.
189		-
190		-
191		-
192		-
193		-
194		-	Secretary of State
195		-
196		-
197		-
198		-	By
199		-	Asst. Secretary of State
200		-
201		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to limit the imposition of restrictions on the carrying of a concealed pistol 1
	17	+	and other items of self-defense while on the campus of a public institution of 2
	18	+	higher education. 3
	19	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
	20	+	Section 1. That a NEW SECTION be added to chapter 13-39A: 5
	21	+	Except as otherwise provided in section 2 of this Act, neither the South Dakota 6
	22	+	Board of Technical Education nor any institution under the control of the board may restrict 7
	23	+	or limit the lawful carrying, possession, storage, or transportation of: 8
	24	+	(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any 9
	25	+	individual holding an enhanced permit, a restricted enhanced permit, or a 10
	26	+	reciprocal permit in accordance with chapter 23-7, within the boundaries of the 11
	27	+	institution, or while in any building or structure owned or leased by the board or 12
	28	+	the institution; 13
	29	+	(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the 14
	30	+	institution, or while in any building or structure owned or leased by the board or 15
	31	+	the institution; or 16
	32	+	(3) Mace, pepper spray, or other chemical irritant by any individual within the 17
	33	+	boundaries of the institution, or while in any building or structure owned or leased 18
	34	+	by the board or the institution. 19
	35	+	Section 2. That a NEW SECTION be added to chapter 13-39A: 20
	36	+	The South Dakota Board of Technical Education or an institution under the control 21
	37	+	of the board may restrict or limit the lawful carrying or possession of any item referenced 22
	38	+	in subdivision (1), (2), or (3) of section 1 of this Act: 23
	39	+	(1) In a clearly designated portion of a building or structure, only if any of the following 24
	40	+	are present: 25 25.367.13 2 100
	41	+	Underscores indicate new language.
	42	+	Overstrikes indicate deleted language.
	43	+	(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R. 1
	44	+	§ 1910.106 (January 1, 2025); 2
	45	+	(b) Significant quantities of hazardous materials classified as Category 3 or 3
	46	+	higher by the 704 Hazard Identification System of the National Fire 4
	47	+	Protection Association; 5
	48	+	(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer 6
	49	+	gases classified as Category 2 or higher by the 704 Hazard Identification 7
	50	+	System of the National Fire Protection Association; 8
	51	+	(d) L-size cylinders of acetylene gas; or 9
	52	+	(e) Magnetic resonance imaging equipment or nuclear magnetic resonance 10
	53	+	equipment; 11
	54	+	(2) In a room used for manufacturing or scientific research, if the concentration of 12
	55	+	airborne particles is controlled in order to maintain an environment with minimal 13
	56	+	pollutants; 14
	57	+	(3) In a clearly designated portion of a building or structure to which a facility security 15
	58	+	clearance applies or for which a federal security clearance is required; or 16
	59	+	(4) In a building or structure during a special event, provided metal detectors and 17
	60	+	armed security personnel are present at every public entrance to restrict the 18
	61	+	possession of any dangerous weapon. 19
	62	+	Whenever an individual is not carrying or in possession of any item referenced in 20
	63	+	subdivision (1), (2), or (3) of section 1 of this Act, the individual shall store the item in a 21
	64	+	locked case or safe. 22
	65	+	Nothing in this section may be construed to prohibit, restrict, or limit the lawful 23
	66	+	carrying of any item referenced in subdivision (1), (2), or (3) of section 1 of this Act, 24
	67	+	beyond that which is necessary to maintain safety, security, or cleanliness within the 25
	68	+	designated area. 26
	69	+	Section 3. That a NEW SECTION be added to chapter 13-53: 27
	70	+	Except as otherwise provided in section 4 of this Act, neither the Board of Regents 28
	71	+	nor any institution under the control of the board may restrict or limit the lawful carrying, 29
	72	+	possession, storage, or transportation of: 30
	73	+	(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any 31
	74	+	individual holding an enhanced permit, a restricted enhanced permit, or a 32
	75	+	reciprocal permit in accordance with chapter 23-7, within the boundaries of the 33 25.367.13 3 100
	76	+	Underscores indicate new language.
	77	+	Overstrikes indicate deleted language.
	78	+	institution, or while in any building or structure owned or leased by the board or 1
	79	+	the institution; 2
	80	+	(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the 3
	81	+	institution, or while in any building or structure owned or leased by the board or 4
	82	+	the institution; or 5
	83	+	(3) Mace, pepper spray, or other chemical irritant by any individual within the 6
	84	+	boundaries of the institution, or while in any building or structure owned or leased 7
	85	+	by the board or the institution. 8
	86	+	Section 4. That a NEW SECTION be added to chapter 13-53: 9
	87	+	The Board of Regents or an institution under the control of the board may restrict 10
	88	+	or limit the lawful carrying or possession of any item referenced in subdivision (1), (2), or 11
	89	+	(3) of section 3 of this Act: 12
	90	+	(1) In a clearly designated portion of a building or structure, only if any of the following 13
	91	+	are present: 14
	92	+	(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R. 15
	93	+	§ 1910.106 (January 1, 2025); 16
	94	+	(b) Significant quantities of hazardous materials classified as Category 3 or 17
	95	+	higher by the 704 Hazard Identification System of the National Fire 18
	96	+	Protection Association; 19
	97	+	(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer 20
	98	+	gases classified as Category 2 or higher by the 704 Hazard Identification 21
	99	+	System of the National Fire Protection Association; 22
	100	+	(d) L-size cylinders of acetylene gas; or 23
	101	+	(e) Magnetic resonance imaging equipment or nuclear magnetic resonance 24
	102	+	equipment; 25
	103	+	(2) In a room used for manufacturing or scientific research, if the concentration of 26
	104	+	airborne particles is controlled in order to maintain an environment with minimal 27
	105	+	pollutants; 28
	106	+	(3) In a clearly designated portion of a building or structure to which a facility security 29
	107	+	clearance applies or for which a federal security clearance is required; or 30
	108	+	(4) In a building or structure during a special event, provided metal detectors and 31
	109	+	armed security personnel are present at every public entrance to restrict the 32
	110	+	possession of any dangerous weapon. 33 25.367.13 4 100
	111	+	Underscores indicate new language.
	112	+	Overstrikes indicate deleted language.
	113	+	Whenever an individual is not carrying or in possession of any item referenced in 1
	114	+	subdivision (1), (2), or (3) of section 3 of this Act, the individual shall store the item in a 2
	115	+	locked case or safe. 3
	116	+	Nothing in this section may be construed to prohibit, restrict, or limit the lawful 4
	117	+	carrying of any item referenced in subdivision (1), (2), or (3) of section 3 of this Act, 5
	118	+	beyond that which is necessary to maintain safety, security, or cleanliness within the 6
	119	+	designated area. 7