All Roll Calls
Yes: 117 • No: 2
South DakotaSB 137101st South Dakota Legislature (2026)Senate
establish procedures for anti-SLAPP actions to protect the exercise of a person's constitutional rights, including freedom of speech.
Sponsored By: Hulse, Amber (Republican), Manhart, Logan (Republican)
Signed by Governor
Attorney's FeesCivil ProcedureCourt CostsLiabilitySpeech and Expression
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Early dismissal for people sued over speech
South Dakota law gives people sued over protected public expression a special way to seek early dismissal. It covers communications in government proceedings, statements about issues under government review, and constitutional expression on matters of public concern. Protected rights include speech, press, assembly, petition, and association. The request must be filed within 60 days after service of a complaint, counterclaim, cross-claim, or third-party complaint. A judge can allow a later filing for good cause. Coverage excludes claims against government units or their employees or agents acting officially. It also excludes government enforcement actions protecting against imminent health or safety threats. Another exclusion covers sale-related communications, or missing communications, by people mainly selling or leasing goods or services. That exclusion does not cover advertising, creating, sharing, showing, or promoting artistic, dramatic, journalistic, literary, musical, or political works. The person requesting dismissal must show the law applies, and the other side must fail to show otherwise. The judge must then dismiss if the other side lacks basic proof for every required part of the claim. Dismissal is also required if the requester shows the claim is legally insufficient or qualifies for judgment without trial. That means no genuine dispute over facts that matter remains, and the requester is legally entitled to win. Dismissal bars bringing the dismissed claim or portion again. Judges consider court filings and evidence allowed under the rules for judgment without trial, and must read the law broadly to protect constitutional expression.
Speech lawsuit winners recover legal costs
Judges must award costs, reasonable attorney fees, and reasonable litigation expenses related to the special motion when the requester wins. The opposing party faces paying those expenses. An opposing party who wins receives those awards only if the motion was frivolous or filed solely to delay proceedings. Dropping a claim without permanently ending it does not erase the requester's right to seek costs, fees, and expenses. Voluntarily dropping a claim permanently makes the requester a prevailing party for fee awards. Award amounts depend on actual costs and the judge's findings; the law sets no fixed dollar payment.
Speech lawsuits pause during dismissal review
Filing the special dismissal request pauses other proceedings between the requesting and responding parties, including evidence gathering and pending hearings. This can limit immediate legal costs, but also delays the other side's access to evidence. The pause lasts until the judge rules and the requester's appeal period expires. Judges can also pause hearings or evidence gathering involving other parties when directly relevant to the request. An appeal pauses proceedings for all parties until the appeal ends. Limited evidence gathering is allowed only when needed to meet the law's proof requirements and information is not otherwise reasonably available. Judges can still hear unrelated motions and emergency requests addressing imminent health or safety threats. Fee requests, voluntary dismissals, and requests to separate claims are also allowed. A hearing is required within 60 days after filing, unless limited evidence gathering or other good cause requires more time. When limited evidence gathering is ordered, the hearing must occur within 60 days after that order. The judge must rule within 60 days after the hearing. A requester denied dismissal has a right to appeal and must file within 30 days of the order.
Sponsors & Cosponsors
Sponsors
Hulse, Amber
Republican • Senate
Manhart, Logan
Republican • House
Cosponsors
Goodwin, Tim
Republican • House
Howard, Taffy
Republican • Senate
Rice, Kathy
Republican • House
Roby, Matt
Republican • House
Roll Call Votes
House vote • 3/5/2026
Do Pass Amended
Yes: 65 • No: 2
House vote • 3/4/2026
Do Pass
Yes: 12 • No: 0
Senate vote • 2/9/2026
Do Pass Amended
Yes: 33 • No: 0
Senate vote • 2/5/2026
Do Pass Amended
Yes: 7 • No: 0
Actions Timeline
Signed by the Governor
3/30/2026SenateDelivered to the Governor
3/11/2026SenateSigned by the Speaker
3/10/2026HouseSigned by the President
3/9/2026SenateDo Pass Amended
3/5/2026HouseCertified uncontested, placed on consent
3/4/2026HouseDo Pass
3/4/2026HouseScheduled for hearing
3/4/2026HouseFirst read in House and referred to
2/10/2026HouseDo Pass Amended
2/9/2026SenateCertified uncontested, placed on consent
2/5/2026SenateDo Pass Amended
2/5/2026SenateMotion to amend
2/5/2026SenateScheduled for hearing
2/5/2026SenateFirst read in Senate and referred to
1/27/2026Senate
Bill Text
Introduced
1/26/2026
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