South DakotaContractors who misuse entrusted project property would face theft penalties
The signed measure states that contractors, subcontractors, and suppliers who intentionally use entrusted project property for other purposes may face theft penalties.
What it does
The measure states that contractors, subcontractors, and suppliers who intentionally divert property entrusted for a real estate project may face theft penalties instead of using it to pay project workers or suppliers.
Argument forProperty owners and project workers may gain protection because intentional misuse of entrusted project money or materials could lead to theft penalties.
Argument againstContractors, subcontractors, and suppliers could face criminal penalties when authorities claim they intended to misuse property entrusted for a real estate project.
More detail
Contractors, subcontractors, and suppliers who meet the listed conditions would be guilty of theft. The rule covers property received or entrusted for improving real estate covered by the chapter. The person must intend to defraud. The person must use the property for a purpose other than paying for labor, skill, or materials used to improve that real estate. A person found guilty would be subject to the penalties listed in section 22-30A-17. The supplied enrolled text gives no effective date, so it does not establish when this rule would apply.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 578Became Law
- Mar 9Delivered to the Governor on 2026-03-09 H.J. 534To Governor
- Mar 5Signed by the President S.J. 486Major
- Mar 4Signed by the Speaker H.J. 516Major
- Mar 3Senate Do Pass , Passed, YEAS 31, NAYS 3 S.J. 445Passed Senate
- Vote recorded Do Pass. Result: pass.Upper
- Mar 2Remove from Consent Calendar S.J. 426
- Feb 26Certified uncontested, placed on consent , Passed,
- Vote recorded Do Pass. Result: pass.Upper
- Feb 26Judiciary Do Pass , Passed, YEAS 4, NAYS 0Minor
- Feb 26Scheduled for hearing S.J. 1
- Feb 10First read in Senate and referred to Senate Judiciary S.J. 232Minor
- Feb 9House of Representatives Do Pass , Passed, YEAS 46, NAYS 19 H.J. 263Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Feb 6Deferred with pending amendment (Rule 5-17) , Passed, H.J. 248
- Feb 5Remove from Consent Calendar H.J. 238
- Feb 4Certified uncontested, placed on consent , Passed, H.J. 10
- Vote recorded Do Pass. Result: pass.Lower
- Feb 4Judiciary Do Pass , Passed, YEAS 11, NAYS 0 H.J. 10Minor
- Feb 4Scheduled for hearing H.J. 1
- Jan 15First read in House and referred to House Judiciary H.J. 36Introduced
Criminal JusticeConsumer Protection