South Dakota 2025 Regular Session

South Dakota Senate Bill SB100 Latest Draft

Bill / Enrolled Version Filed 03/10/2025

                            25.367.14 	100th Legislative Session 	100 
 
 
2025 South Dakota Legislature 
Senate Bill 100 
ENROLLED 
 
AN ACT 
 
 
ENTITLED An Act to limit the imposition of restrictions on the carrying of a concealed 
pistol and other items of self -defense while on the campus of a public 
institution of higher education. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 
Section 1. That a NEW SECTION be added to chapter 13-39A: 
Except as otherwise provided in section 2 of this Act, neither the South Dakota 
Board of Technical Education nor any institution under the control of the board may restrict 
or limit the lawful carrying, possession, storage, or transportation of: 
(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any 
individual holding an enhanced permit, a restricted enhanced permit, or a 
reciprocal permit in accordance with chapter 23-7, within the boundaries of the 
institution, or while in any building or structure owned or leased by the board or 
the institution; 
(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the 
institution, or while in any building or structure owned or leased by the board or 
the institution; or 
(3) Mace, pepper spray, or other chemical irritant by any individual within the 
boundaries of the institution, or while in any building or structure owned or leased 
by the board or the institution. 
Section 2. That a NEW SECTION be added to chapter 13-39A: 
The South Dakota Board of Technical Education or an institution under the control 
of the board may restrict or limit the lawful carrying or possession of any item referenced 
in subdivision (1), (2), or (3) of section 1 of this Act: 
(1) In a clearly designated portion of a building or structure, only if any of the following 
are present:  25.367.14 	2 	100 
SB100 ENROLLED 
(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R. 
§ 1910.106 (January 1, 2025); 
(b) Significant quantities of hazardous materials classified as Category 3 or 
higher by the 704 Hazard Identification System of the National Fire 
Protection Association; 
(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer 
gases classified as Category 2 or higher by the 704 Hazard Identification 
System of the National Fire Protection Association; 
(d) L-size cylinders of acetylene gas; or 
(e) Magnetic resonance imaging equipment or nuclear magnetic resonance 
equipment; 
(2) In a room used for manufacturing or scientific research, if the concentration of 
airborne particles is controlled in order to maintain an environment with minimal 
pollutants; 
(3) In a clearly designated portion of a building or structure to which a facility security 
clearance applies or for which a federal security clearance is required; or 
(4) In a building or structure during a special event, provided metal detectors and 
armed security personnel are present at every public entrance to restrict the 
possession of any dangerous weapon. 
Whenever an individual is not carrying or in possession of any item referenced in 
subdivision (1), (2), or (3) of section 1 of this Act, the individual shall store the item in a 
locked case or safe. 
Nothing in this section may be construed to prohibit, restrict, or limit the lawful 
carrying of any item referenced in subdivision (1), (2), or (3) of section 1 of this Act, 
beyond that which is necessary to maintain safety, security, or cleanliness within the 
designated area. 
Section 3. That a NEW SECTION be added to chapter 13-53: 
Except as otherwise provided in section 4 of this Act, neither the Board of Regents 
nor any institution under the control of the board may restrict or limit the lawful carrying, 
possession, storage, or transportation of: 
(1) A concealed pistol, as defined in § 22-1-2, and compatible ammunition, by any 
individual holding an enhanced permit, a restricted enhanced permit, or a 
reciprocal permit in accordance with chapter 23-7, within the boundaries of the  25.367.14 	3 	100 
SB100 ENROLLED 
institution, or while in any building or structure owned or leased by the board or 
the institution; 
(2) A stun gun, as defined in § 22-1-2, by any individual within the boundaries of the 
institution, or while in any building or structure owned or leased by the board or 
the institution; or 
(3) Mace, pepper spray, or other chemical irritant by any individual within the 
boundaries of the institution, or while in any building or structure owned or leased 
by the board or the institution. 
Section 4. That a NEW SECTION be added to chapter 13-53: 
The Board of Regents or an institution under the control of the board may restrict 
or limit the lawful carrying or possession of any item referenced in subdivision (1), (2), or 
(3) of section 3 of this Act: 
(1) In a clearly designated portion of a building or structure, only if any of the following 
are present: 
(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R. 
§ 1910.106 (January 1, 2025); 
(b) Significant quantities of hazardous materials classified as Category 3 or 
higher by the 704 Hazard Identification System of the National Fire 
Protection Association; 
(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer 
gases classified as Category 2 or higher by the 704 Hazard Identification 
System of the National Fire Protection Association; 
(d) L-size cylinders of acetylene gas; or 
(e) Magnetic resonance imaging equipment or nuclear magnetic resonance 
equipment; 
(2) In a room used for manufacturing or scientific research, if the concentration of 
airborne particles is controlled in order to maintain an environment with minimal 
pollutants; 
(3) In a clearly designated portion of a building or structure to which a facility security 
clearance applies or for which a federal security clearance is required; or 
(4) In a building or structure during a special event, provided metal detectors and 
armed security personnel are present at every public entrance to restrict the 
possession of any dangerous weapon.  25.367.14 	4 	100 
SB100 ENROLLED 
Whenever an individual is not carrying or in possession of any item referenced in 
subdivision (1), (2), or (3) of section 3 of this Act, the individual shall store the item in a 
locked case or safe. 
Nothing in this section may be construed to prohibit, restrict, or limit the lawful 
carrying of any item referenced in subdivision (1), (2), or (3) of section 3 of this Act, 
beyond that which is necessary to maintain safety, security, or cleanliness within the 
designated area.  25.367.14 	5 	100 
SB100 ENROLLED 
An Act to limit the imposition of restrictions on the carrying of a concealed pistol and other 
items of self-defense while on the campus of a public institution of higher education. 
 
 
 
 
I certify that the attached Act originated in 
the: 
 
Senate as Bill No. 100 
 
 
 
Secretary of the Senate 
 
 
 
 
President of the Senate 
 
Attest: 
 
 
 
 
Secretary of the Senate 
 
 
 
 
Speaker of the House 
 
Attest: 
 
 
 
 
 
Chief Clerk 
 
 
 
Senate Bill No. 100 
File No. ____ 
Chapter No. ______ 
 
 
 
Received at this Executive Office 
this _____ day of _____________, 
 
2025 at ____________M. 
 
 
 
By  
for the Governor 
 
 
The attached Act is hereby 
approved this ________ day of 
______________, A.D., 2025 
 
 
 
 
 
Governor 
 
STATE OF SOUTH DAKOTA , 
ss. 
Office of the Secretary of State 
 
 
Filed ____________, 2025 
 at _________ o'clock __M. 
 
 
 
 
 
Secretary of State 
 
 
 
By  
Asst. Secretary of State