03/12/2026
Two bills helping people who rely on service animals recently made their way through the South Dakota Legislature in Pierre. These bills, introduced by Senator Taffy Howard, display a significant step forward in ensuring that individuals who rely on service animals are given clear legal protection and respect.
Senate Bill 81 was brought by Senator Howard to increase the penalty from a class 2 to a class 1 misdemeanor for injuring or harassing a service animal. This elevated classification reinforces our commitment in South Dakota to protecting the inclusion and rights of people who utilize service animals.
Senate Bill 82 created penalties in South Dakota law for people who misrepresent an animal that is not trained to provide assistance to a person with a disability as a service animal. Misrepresentation of a pet undermines the rights of individuals who truly depend on these specially trained animals. This legislation included misdemeanor penalties for making such misrepresentations.
Senate Bills 81 and 82 came about through the diligent work of Tony Russell, a South Dakotan who saw a need in his own community and worked to bring those concerns to Senator Howard’s attention.
Tony Russell, an Air Force veteran, experienced firsthand the transformative impact that a service dog can have on quality of life. After suffering catastrophic injuries in Iraq with his unit in Iraq and enduring subsequent struggles with PTSD, Tony received his own service dog, Rush. Russell credits Rush with helping him regain stability and connection with his family. This experience inspired Tony and his wife, Eleanor, to establish South Dakota Service Dogs, a nonprofit dedicated to providing service dogs to veterans and first responders across the state — often at no cost. Tony’s work has brought over 170 service dogs to those in need.
Also testifying at the State Capitol in favor of Senate Bills 81 and 82 were: Walter McDuff, a proud retired U.S. Air Force veteran, family man, and active supporter of service animal advocacy; South Dakota Representative John Shubeck (District 16), who served 20 years honorably in the U.S. Marine Corps; and Disability Rights South Dakota, which testified in support of robust protections for service animals and recognition of the value that they provide to people.
Disability Rights South Dakota says, “Service animals are vital support for many individuals living with disabilities — assisting with tasks ranging from mobility support to mental health stabilization. Without clear statutory definitions and legal protections, service animal users can face unnecessary challenges, misunderstandings, and harassment. These measures will help protect the dignity and rights of South Dakotans relying on these indispensable animal partners.”
Senate Bill 81 and Senate Bill 82 have successfully advanced through the 2026 South Dakota Legislature and were signed into law by the Governor on March 9th, 2026.
