The bill amends South Dakota's existing law regarding the protection of service animals. It clarifies that no person may maliciously harm or interfere with a service animal accompanying a person with a disability. The previous requirement that the service animal must be controlled by the person and wearing a harness or control device has been removed. Additionally, the classification of the violation has been changed from a Class 2 misdemeanor to a Class 1 misdemeanor, increasing the severity of the offense.

Furthermore, the bill provides a specific definition of "service animal," stating that it refers to a dog trained to perform tasks for an individual with a disability, as outlined in federal regulations. It specifies that the tasks must be directly related to the individual's disability, and it explicitly states that the presence of a dog for crime deterrence or emotional support does not qualify as a service task. This clarification aims to enhance the legal protections for service animals and their handlers.

Statutes affected:
Introduced, 01/13/2026: 40-1-38