HB 1219

26.156.10  101st Legislative Session  1219
                                     2026 South Dakota Legislature
                                              House Bill 1219
                                                    ENROLLED
                                              AN ACT
ENTITLED An Act to require the provision of interpreter or translator services for
         parties to an administrative contested case.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-18 be AMENDED:
            1-26-18. Opportunity must be afforded all parties to respond and present evidence
   on issues of fact and argument on issues of law or policy. However, each agency, upon
   the motion of any party, may dispose of any defense or claim:
   (1)      If the pleadings, depositions, answers to interrogatories, and admissions on file,
            together with the affidavits, if any, show that there is no genuine issue as to any
            material fact and a party is entitled to a judgment as a matter of law; or
   (2)      At the close of the evidence offered by the proponent of the defense or claim, if
            the agency determines that the evidence offered by the proponent of the defense
            or claim is legally insufficient to sustain the defense or claim.
            A party to a contested case proceeding may appear in person or by counsel, or
   both; may be present during the giving of all evidence; may obtain the services of a
   translator or interpreter as provided in chapter 19-3, with the translator or interpreter's
   compensation fixed, paid, and collected as provided in sections 2 and 3 of this Act; may
   have reasonable opportunity to inspect all documentary evidence; may examine and
   cross-examine witnesses; may present evidence in support of the party's interest; and
   may have subpoenas issued to compel attendance of witnesses and production of evidence
   in the party's behalf.
Section 2. That a NEW SECTION be added to chapter 1-26:
            When a witness or party needs a language interpreter or translator in a contested
   case proceeding, the agency required by law to determine the matter, as referenced in
   subdivision 1-26-1(2), shall procure and appoint a disinterested interpreter or translator.
26.156.10  2  1219
   The agency shall compensate the interpreter or translator for reasonable and just services
   provided in the proceeding. The payment for the services of the interpreter or translator
   must be made from moneys appropriated for the operation of the agency.
Section 3. That a NEW SECTION be added to chapter 1-26:
            The prevailing party in a contested case proceeding may recover expenditures, for
   interpreter or translator services necessarily incurred in gathering and procuring evidence
   or bringing the contested case, which are not otherwise covered pursuant to section 2 of
   this Act.
HB1219 ENROLLED
26.156.10  3  1219
An Act to require the provision of interpreter or translator services for parties to an
administrative contested case.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1219
                                                     By
                     Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                     Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1219  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
HB1219 ENROLLED