(SJR 1)
Formal application to Congress to lawfully recognize the ratification
of the 26th amendment of the United States Constitution.
(HJR 1001)
Submitting to the electors at the next general election an amendment
relating to the authorization of roulette, keno, and craps in Deadwood.
Section 1. That at the next general election held in the state, the following amendment to Article
III, section 25 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint
Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
Section 2. That Article III, section 25 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 25. The Legislature shall not authorize any game of chance, lottery, or gift enterprise, under
any pretense, or for any purpose whatever provided, however, it shall be lawful for the Legislature
to authorize by law, bona fide veterans, charitable, educational, religious or fraternal organizations,
civic and service clubs, volunteer fire departments, or such other public spirited organizations as it
may recognize, to conduct games of chance when the entire net proceeds of such games of chance
are to be devoted to educational, charitable, patriotic, religious, or other public spirited uses.
However, it shall be lawful for the Legislature to authorize by law a state lottery or video games of
chance, or both, which are regulated by the state of South Dakota, either separately by the state or
jointly with one or more states, and which are owned and operated by the state of South Dakota,
either separately by the state or jointly with one or more states or persons, provided any such video
games of chance shall not directly dispense coins or tokens. However, the Legislature shall not
expand the statutory authority existing as of June 1, 1994, regarding any private ownership of state
lottery games or video games of chance, or both. The Legislature shall establish the portion of
proceeds due the state from such lottery or video games of chance, or both, and the purposes for
which those proceeds are to be used. SDCL 42-7A, and its amendments, regulations, and related
laws, and all acts and contracts relying for authority upon such laws and regulations, beginning July
1, 1987, to the effective date of this amendment, are ratified and approved. Further, it shall be lawful
for the Legislature to authorize by law, roulette, keno, craps, limited card games and slot machines
within the city limits of Deadwood, provided that 60% of the voters of the City of Deadwood
approve legislatively authorized card games and slot machines at an election called for such purpose.
The entire net Municipal proceeds of such roulette, keno, craps, card games and slot machines shall
be devoted to the Historic Restoration and Preservation of Deadwood.
(HB 1184)
American Cowboy Day declared.
Section 1. That chapter 1-5 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1192)
Black Hills Mining Museum in Lead
is the official mining museum of South Dakota.
Section 1. That chapter 1-6 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1009)
Commemorative medallion fund repealed.
Section 1. That § 1-6-23 be repealed.
(SB 21)
Fees for the 24/7 sobriety program changed.
Section 1. That § 1-11-25 be amended to read as follows:
1-11-25. Any fees collected under §§ 1-11-17 to 1-11-25, inclusive, shall be distributed as
follows:
applied and used only to defray the recurring costs of the 24/7 sobriety program including
maintaining equipment, funding support services, and ensuring compliance; and
1-11-26. A participant submitting to twice-a-day testing shall pay a user fee of one dollar to not
more than three dollars, inclusive, for each test.
Section 3. That § 1-11-27 be amended to read as follows:
1-11-27. A participant submitting to urinalysis testing shall pay a user fee of five dollars to not
more than ten dollars, inclusive, for each test. If further analysis of the sample is required or
requested, the participant is responsible for payment of the actual costs incurred by the participating
agency for the analysis of the sample.
Section 4. That § 1-11-28 be amended to read as follows:
1-11-28. A participant submitting to wear a drug patch shall pay a user fee of forty to not more
than fifty dollars, inclusive, for each drug patch attached.
Section 5. That § 1-11-29 be amended to read as follows:
1-11-29. A participant submitting to the wearing of the electronic alcohol monitoring device shall
pay a user fee of five dollars to not more than ten dollars, inclusive, for each day.
Section 6. That § 1-11-30 be amended to read as follows:
1-11-30. A participant submitting to the installation of an ignition interlock device shall pay all
costs and expenses associated with the installation and operation of the ignition interlock device
directly to the authorized vendor pursuant to a contract between the vendor and participant.
Section 7. That § 1-11-32 be amended to read as follows:
1-11-32. Each participant in the 24/7 sobriety program shall pay a participation fee of one to not
more than three dollars, inclusive, per day.
Section 9. That ARSD 2:06:03:08 be repealed.
Section 10. That ARSD 2:06:02:02.02 be amended to read as follows:
Section 11. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1213)
Tribal economic development and loan program.
Section 1. That § 1-16G-50 be amended to read as follows:
1-16G-50. There is hereby created in the state treasury the local infrastructure improvement grant
fund. The Board of Economic Development may award grants to any political subdivision of this
state, tribal government, or local development corporation from the fund to construct or reconstruct
infrastructure for the purpose of serving an economic development project. The board shall consult
state agencies to evaluate the feasibility and merits of the proposed infrastructure improvements. The
board shall consider the funding mechanisms available to and utilized by the applicant when making
a decision to award a grant. Interest earned on money in the fund shall be deposited into the fund.
Any money in the local infrastructure improvement grant fund is continuously appropriated. Any
money deposited into and distributed from the fund shall be set forth in an informational budget as
described in § 4-7-7.2.
1-16G-51. There is hereby created in the state treasury the economic development partnership
fund. The Board of Economic Development may award grants to any nonprofit development
corporation, tribal government, municipality, county, or other political subdivision of this state from
the fund on a matching basis as provided in §§ 1-16G-52 and 1-16G-53. Interest earned on money
in the fund shall be deposited into the fund. Any money in the economic development partnership
fund is continuously appropriated. Any money deposited into and distributed from the fund shall be
set forth in an informational budget as described in § 4-7-7.2.
Section 3. There is hereby established the South Dakota Tribal Economic Development Task
Force. The task force consists of the following members:
Section 4. The task force shall be under the supervision of the Executive Board of the Legislative
Research Council and staffed and funded as an interim legislative committee. The Legislative
Research Council may receive additional funds from any legal source to carry out the purposes of
this Act. The Executive Board shall designate the chair and vice chair of the task force.
Section 5. The task force shall evaluate issues associated with economic development needs,
initiatives, and barriers affecting South Dakota's Native American population and South Dakota's
Indian tribes and tribal governments. Specifically, the task force shall analyze business and economic
sectors and segments having potential for higher levels of success, as well as other possible
approaches to improve economic conditions. The task force shall also address workforce availability,
including education and skills, related demographics, salary and wage scales, and other issues
affecting human resources necessary for the promotion of economic development for this segment
of South Dakota's population.
Section 6. The task force shall begin its activities in 2014 and shall submit an interim report to
the Executive Board of the Legislative Research Council not later than December 1, 2014, and a final
report, recommendations, and potential draft legislation to the Executive Board of the Legislative
Research Council no later than December 1, 2015.
(HB 1101)
The board of directors
of the Science and Technology Authority membership changed.
Section 1. That § 1-16H-5 be amended to read as follows:
1-16H-5. The governing and administrative powers of the authority are vested in its board of
directors, consisting of seven voting members and the president of the School of Mines and
Technology as an ex-officio, nonvoting member. The Governor shall appoint the directors voting
members, with the advice and consent of the Senate. Not all voting members of the board may be
of the same political party. The terms of the voting members of the board may not exceed shall be
six years. The terms of the initial board of directors shall be staggered by the drawing of lots so that
not more than two of the director's terms shall end at the same time. Members of the board may serve
more than one term.
Section 2. That § 1-16H-7 be amended to read as follows:
1-16H-7. Members Voting members of the board shall receive compensation for the performance
of their duties as established by the Legislature in accordance with § 4-7-10.4 from the funds of the
authority. Members All members may be reimbursed at rates established by the Board of Finance
for necessary expenses, including travel and lodging expenses, incurred in connection with the
performance of their duties as members.
Section 3. That § 1-16H-11 be amended to read as follows:
1-16H-11. A majority of the voting members of the board constitutes a quorum for the
transaction of business. Any official act of the authority requires the affirmative vote of at least four
voting members of the board at a meeting of the board at which the members casting those
affirmative votes are present.
(SB 119)
South Dakota Board on Geographic Names, authority changed.
1-19C-1. The Legislature finds that certain all geographic place names containing the term,
squaw, are offensive and insulting to all South Dakota's people, history, and heritage. These place
names should be have been replaced by names that reflect South Dakota's people, history, and
heritage without resorting to harmful or offensive stereotypes, names, words, or phrases. Sections
1-19C-5 and 1-19C-6 list the currently known geographic names that are harmful or offensive. All
state and local government agencies shall make changes to maps and any other reference materials
to reflect the changes provided in this chapter. The use of the term, squaw, in whole or in part, is
prohibited as a name for any geographic feature within this state.
Section 2. That § 1-19C-1.1 be repealed.
Section 3. That § 1-19C-2 be repealed.
Section 4. That § 1-19C-2.1 be amended to read as follows:
1-19C-2.1. The South Dakota Board on Geographic Names is hereby created. The board consists
of the secretary of tribal relations and one representative each from the Department of Environment
and Natural Resources, the Department of Transportation, the State Historical Society, and the
Department of Tourism. The board shall elect a chair and vice chair from among its membership and
shall meet at least once each year to consider issues related to geographical place names and to make
recommendations to the appropriate local, state, and federal agencies. The board shall investigate
any proposed names, solicit public input, and make a recommendation to the United States Board
on Geographic Names as to whether the board supports a new or replacement name. The board may
establish procedures and standards to recommend, evaluate, and select geographic place names by
rules promulgated pursuant to chapter 1-26. The rules shall be compatible with the standards of the
United States Board on Geographic Names as contained in its manual, Principles, Policies and
Procedures: Domestic Names, Reston, Virginia, 1997. (http://geonames.usgs.gov/docs/pro pol
pro.pdf).
Section 5. That § 1-19C-3 be repealed.
Section 6. That § 1-19C-5 be amended to read as follows:
1-19C-5. The following offensive place names in South Dakota by county were revised by the
United States Board on Geographic Names as of January 1, 2009 2014:
County | Current place name | Place name changed to |
Codington | Squaw Lake | Serenity Lake |
Custer | Little Squaw Creek | Badger Clark Creek |
Fall River | Squaw Flat | Hat Creek Flat |
Gregory | Squaw Creek | Oscar Micheaux Creek |
Squaw Creek Reservoir | Oscar Micheaux Reservoir | |
Haakon | Squaw Creek | Sarah Laribee Creek |
Harding | Squaw Creek | Slim Buttes Creek |
East Squaw Creek | Meat Hook Creek | |
Squaw Tree Spring | Prairie Woman Spring | |
West Squaw Creek | Double X Creek | |
Jones | Squaw Creek | Pitan Creek |
Lawrence | Squaw Creek | Cleopatra Creek |
East Branch of Squaw Creek | East Branch Cleopatra Creek | |
Marshall | Squaw Hill | Six Mile Hill |
Meade | Squaw Butte | Vig Buttes |
Squaw Creek | Deer Creek | |
Moody | Squaw Creek | Isante' Creek |
Pennington | Squaw Creek | Cedar Breaks Creek |
Shannon | Little Squaw Humper Creek | Tahc'a Okute Wakpa C'ikala |
Little Squaw Humper Table | Tahc'a Okute Aglehan C'ikala | |
Squaw Humper Creek | Tahc'a Okute Wakpa | |
Squaw Humper Dam | Tahc'a Okute Mni Onaktake | |
Squaw Humper Table | Tahc'a Okute Aglehan | |
|
|
|
Ziebach | Squaw Teat Butte | Peaked Butte |
Squaw Teat Creek | East Rattlesnake Creek |
(HB 1035)
Executive branch intern program.
Section 1. There is hereby created a student intern program within the Bureau of Human
Resources to provide administrative internships for students to foster knowledge and understanding
of the governmental process and to provide assistance to the executive branch of state government.
(SB 168)
Background checks for employees
in the Office of Economic Development.
Section 1. That chapter 1-16G be amended by adding thereto a NEW SECTION to read as
follows:
(SB 124)
Reimbursement relating to legislators-elect
and newly appointed legislators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The chair of the executive board of the Legislative Research Council may authorize
the payment of a salary or per diem compensation to a person who has been elected or appointed to
the Legislature, but has not yet received the oath of office, if the person is required to attend
legislative committees, boards, or commissions. The payment shall be equal to the rate set by
subdivision 2-4-2(2).
(SB 154)
Task force to study the impact of sexual abuse of children.
Section 3. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:
(SB 1)
Executive Board governance of the Legislative Research Council.
Section 1. That § 2-9-3 be amended to read as follows:
2-9-3. The board shall choose from its own membership a chairman and a vice-chairman of the
board. In each term of the Executive Board operating in an odd-numbered year, the speaker of the
House of Representatives shall be the chair of the Executive Board, and the president pro tempore
of the Senate shall be the vice chair. In each term of the Executive Board operating in an even-numbered year, the president pro tempore of the Senate shall be the chair of the Executive Board,
and the speaker of the House of Representatives shall be the vice chair.
Section 2. That chapter 2-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That § 2-9-2 be amended to read as follows:
2-9-2. The State Legislative Research Council shall have an executive board, to be known as the
Executive Board of the Legislative Research Council, which shall consist of fifteen members, as
follows: six four members from the Senate and seven five members from the House of
Representatives, to be elected by a majority vote by their respective legislative bodies in party caucus
before the close sine die of each regular session of the Legislature held in odd-numbered years, and
ex officio the president pro tempore, majority leader, and minority leader of the Senate and the
speaker, majority leader, and minority leader of the House of Representatives elected in such regular
session. Each senator and each representative serving on the executive board, including each ex
officio member, shall serve until a new executive board has been selected at the next such regular
legislative session; provided, however, that. However, no senator who is not reelected to the Senate
and no representative who is not reelected to the House of Representatives, shall may serve as a
member of the board beyond the closing day of the term to which he was elected. When the
Legislature is not in such regular session, the expiration of his or her legislative term. The number
of senate and house members on the executive board shall remain constant, and any vacancy then
occurring shall be filled by the remaining board members of that respective legislative body affected
bodies in party caucus. No board member, excepting ex officio, shall may serve more than three
successive terms.
Section 4. The provisions of this Act are effective on January 1, 2015.
(SB 71)
Contract term modified for the publication of the codified laws.
Section 1. That § 2-16-7.1 be amended to read as follows:
2-16-7.1. The Code Commission may continue the contracts with the Thomson West Publishing
Company and its successors in interest which are hereby ratified and contract for the publication of
the South Dakota Codified Laws with West, a Thomson Reuters Business and its successors in
interest. The Code Commission may contract with that publisher or other publishers, editorial
services and printers for continuing editorial work and printing to assure continuity in editorial
preparation, printing and binding of supplements and replacement volumes to the code enacted by
§ 2-16-13 for a term not exceeding five years or. The Code Commission may, on negotiation, extend
the current contract from year to year for a term not exceeding two years so long as the commission
deems it to the advantage and best interests of the state.
(SB 70)
Codify legislation enacted in 2013.
Section 1. That § 2-16-13 be amended to read as follows:
2-16-13. The official code of laws of the State of South Dakota, which may be referred to as the
code, consists of all the statutes of a general and permanent nature contained in:
2-16-15. No provision of the code enacted by § 2-16-13, as to which any action or proceeding,
civil or criminal, has been commenced prior to July 1, 2013 2014, to determine whether or not such
provision was constitutionally enacted, is validated by the enactment of this code.
2-16-16. All statutes, other than this code, enacted at the 2013 2014 session of the Legislature
shall be deemed to have been enacted subsequently to the enactment of this code. If any such statute
repeals, amends, contravenes, or is inconsistent with the provisions of this code, the provisions of
the statute shall prevail. Any enactment in the 2013 2014 session of the Legislature which cites
South Dakota Codified Laws for the purpose of amendment or repeal, shall be construed as having
reference to the code enacted by § 2-16-13.
(SB 79)
Obsolete provision regarding the federal census repealed.
Section 1. That § 3-8-7 be repealed.
(SB 41)
Correctional staff defined for the state's retirement system.
Section 1. That subdivision (53) of § 3-12-47 be amended to read as follows:
(SB 40)
Surviving spouse in the South Dakota Retirement System
may elect a reduced benefit before age 65.
Section 1. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. The provisions of this Act are effective July 1, 2015.
(SB 43)
Disability benefits for members of the state's retirement system revised.
Section 1. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 9. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 10. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 14. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 15. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
this Act, and no other benefits are being paid on behalf of the member, the member's surviving
spouse shall receive a surviving spouse benefit, payable in monthly installments, equal to sixty
percent of the monthly disability benefit that the member received prior to death.
Section 17. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 18. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 19. That subdivision (14) of § 3-12-47 be amended to read as follows:
nineteenth birthday and each unmarried dependent child, who is totally and
permanently disabled, either physically or mentally, regardless of the child's age,
if the disability occurred prior to age nineteen. It includes a stepchild or a foster
child who depends on the member for support and lives in the household of the
member in a regular parent-child relationship. It also includes any child of the
member conceived during the member's lifetime and born after the member's death;
or
Section 22. That subdivision (65) of § 3-12-47 be amended to read as follows:
3-12-95. On the death of a contributing member after July 1, 1974 prior to July 1, 2015, and prior
to the earlier of the member attaining normal retirement age or the member's retirement, who has one
or more years of contributory service; or if there has been a break in the member's employment of
more than one year, one-half year of contributory service having been performed after the end of the
last such break; or if the member was receiving a disability allowance benefit which commenced
after July 1, 1974, and was based on an application received by the system prior to July 1, 2015, the
following benefits shall be paid:
hundred percent of the member's final average compensation;
Section 24. That § 3-12-98 be amended to read as follows:
3-12-98. A contributing member who becomes disabled and who has acquired at least three years
of contributory service or noncontributory service as delineated in subsections (b), (e), (g), and (h)
of § subdivision 3-12-47(24) since the member's most recent entry into active status and prior to
becoming disabled or was disabled by accidental means while performing usual duties for an
employer, is eligible for a disability allowance benefit if the disability is expected to be of long,
continued, and indefinite duration of at least one year. In order to be eligible for a disability
allowance benefit, a member shall must be disabled on the date the member's contributory service
ends. Any member who fails to file with the administrator an application for disability benefits with
the administrator within three years of the date on which the member's contributory service ends,
forfeits all rights to disability benefits. Any information required for a complete application must be
received within one year after the application for disability benefits was received. If the required
information is not received by the system within one year after the application is received, the
member may reapply. For purposes of this section, a transfer within a participating unit, or a change
in employment from one participating unit to another participating unit if there is no break in
contributory service, does not constitute a new entry into active status. The provisions of this section
apply to any member whose application for disability benefits is received by the system prior to
July 1, 2015.
Section 25. That § 3-12-99 be amended to read as follows:
3-12-99. The disability allowance benefit for the first thirty-six months shall be equal to fifty
percent of the member's final average compensation immediately preceding the date of disability,
increased by ten percent of such compensation for each child to a maximum of four such children.
of this section apply to any member whose application for disability benefits is received by the
system prior to July 1, 2015.
Section 26. That § 3-12-99.1 be amended to read as follows:
3-12-99.1. That portion of a disability allowance benefit that is payable on account of children
shall be eliminated as each child becomes ineligible pursuant to subdivision 3-12-47(14). However,
that portion of a disability allowance benefit that is payable on account of children shall increase if
a disabled member gains an additional child who is eligible pursuant to subdivision 3-12-47(14). All
other provisions in § 3-12-101 do not apply to members receiving a disability allowance benefit
pursuant to this chapter. The provisions of this section apply to any member whose application for
disability benefits is received by the system prior to July 1, 2015.
Section 27. That § 3-12-101 be amended to read as follows:
3-12-101. Disability allowances benefits shall be reduced by an amount equal to the unmodified
benefits paid or payable under other public systems. Disability allowances benefits payable on
account of children shall be reduced when children become ineligible. In no event may the annual
amount of a disability allowance benefit be less than the greater of six percent of the compensation
on which the disability allowance benefit is based or six hundred dollars a year.
Section 28. That § 3-12-103 be amended to read as follows:
3-12-103. When a person who is receiving a disability allowance benefit reaches age sixty-five,
or at such later date when if there are no eligible children, or if over age sixty at the time of
commencement of disability, after a period of five years, his the member's disability allowance
benefit shall be terminated and thereafter he the member shall receive the allowance benefit payable
for service retirement at that age, calculated on the projected compensation and projected service.
If a person who received a disability allowance benefit returns to employment prior to his normal
retirement age, his the member's credited service shall include the time of disability. The provisions
of this section apply to any member whose application for disability benefits is received by the
system prior to July 1, 2015.
Section 29. That § 3-12-103.1 be amended to read as follows:
3-12-103.1. A member's disability allowance benefit that was based on an application received
by the system prior to July 1, 2015, shall terminate one year thirty days after the earliest of the
following:
becoming disabled; or
Section 30. That § 3-12-110 be amended to read as follows:
3-12-110. If the aggregate benefits payable to a member and the member's surviving spouse and
minor children pursuant to §§ 3-12-75, 3-12-91, 3-12-92, 3-12-92.4, 3-12-92.6, 3-12-94, 3-12-95,
3-12-99, and 3-12-103, after all allowances benefits currently or potentially payable under any
provision of this chapter have terminated, do not total to the member's accumulated contributions
including one hundred percent of employer contributions if the member died prior to July 1, 2010,
or eighty-five percent of employer contributions if the member died on or after July 1, 2010, then
the balance equal to the difference between the accumulated contributions and total payments made
to date shall be paid in a lump sum as provided in this section.
Section 31. That § 3-12-131 be amended to read as follows:
3-12-131. Notwithstanding any provision of this chapter to the contrary, whenever a member
withdraws accumulated contributions under § 3-12-76 and becomes a permanent full-time employee
within twelve months after withdrawal, contributions must have been made to the system for a
period of twelve consecutive months before the member is eligible for benefits pursuant to § 3-12-95. The member shall furthermore be ineligible to apply for additional survivor protection pursuant
to § 3-12-104 as a new member of the system and to. To be eligible for a disability allowance benefit
pursuant to § 3-12-98 or section 1 of this Act, the member must have at least three years of
contributory service since the date of the last withdrawal unless the member was disabled by
accidental means while performing the usual duties for the employer.
Section 32. That § 3-12-141 be amended to read as follows:
3-12-141. No application for disability benefits under this chapter pursuant to § 3-12-98 may be
determined until the employer has certified to the system that, within the employer's understanding
of the member's medical condition and the employer's knowledge of the member's employment
requirements and duties, the employer is unable to provide to the member either effective
accommodations to the member in the member's current position or comparable level employment
in another position to the member.
Section 33. That § 3-12-143 be amended to read as follows:
3-12-143. For the first thirty-six months of a disability allowance benefit provided by this chapter
§ 3-12-99, the maximum amount that a member may receive in any calendar year from the disability
allowance benefit and earned income, as defined in § 32(c)(2) of the Internal Revenue Code, is one
hundred percent of the member's final average compensation. Starting with the thirty-seventh month
of such disability allowance benefit, the maximum amount that a member may receive in any
calendar year from disability allowances benefits provided by the federal Social Security Act equal
to the primary insurance amount, the disability allowance benefit provided by this chapter and earned
income, as defined in § 32(c)(2) of the Internal Revenue Code, is one hundred percent of the
member's final average compensation. The maximum amount shall be indexed for each full fiscal
year during which the member is eligible for such disability allowance benefit by the improvement
factor defined in subdivision 3-12-47(41). Any amount exceeding this maximum amount shall
reduce each monthly disability allowance benefit payable pursuant to § 3-12-99 in the following
fiscal year on a pro rata basis.
Section 34. That ARSD 62:01:02:06 be amended to read as follows:
Section 35. That ARSD chapter 62:01:04 be amended by adding thereto a NEW SECTION to
read as follows:
(SB 152)
The cement plant retirement plan revised.
Section 1. There is hereby appropriated from the general fund the sum of five million five
hundred ninety-eight thousand four hundred ninety-five dollars ($5,598,495) to the cement plant
retirement fund for the purpose of providing full funding of the cement plant retirement fund.
Section 2. Upon receipt of the appropriation pursuant to section 1 of this Act, the state treasurer
shall transfer the balance of the funds of the cement plant retirement fund to the South Dakota
Retirement System trust fund.
Section 3. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That § 3-12-47 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
Section 9. That § 3-12-47 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
Section 10. That § 3-13B-1 be repealed.
Section 11. That § 3-13B-2 be repealed.
Section 12. That § 3-13B-3 be repealed.
Section 13. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect on April 1, 2014.
(SB 42)
Cement plant retiree may select a lump sum payment.
Section 1. Any vested member of the state cement plant retirement plan may elect to receive a
lump sum trustee-to-trustee payment in lieu of monthly retirement benefit payments. The amount
of the lump sum trustee-to-trustee payment shall be determined by the system's actuary based on the
actuarial equivalent of the member's benefit as defined by the cement plant retirement plan.
However, no lump sum trustee-to-trustee payment may be made unless both of the following
requirements are satisfied:
(SB 187)
The General Appropriation Act for fiscal year 2015.
Section 1. There is hereby appropriated out of any money in the state treasury not otherwise
appropriated the following sums of money or expenditure authority, or so much thereof as may be
necessary, for the ordinary expenses of the legislative, judicial, and executive departments of the
state, certain officers, boards, and commissions, and support and maintenance of the educational,
charitable, and penal institutions of the state for the fiscal year ending June 30, 2015.
GENERAL
|
FEDERAL | OTHER | TOTAL | |||
---|---|---|---|---|---|---|
FUNDS
|
FUNDS | FUNDS | FUNDS | |||
SECTION 2. DEPARTMENT OF EXECUTIVE MANAGEMENT
|
||||||
(1) | Office of the Governor | |||||
Personal Services
|
$1,749,375 | $221,220 | $0 | $1,970,595 | ||
Operating Expenses
|
$405,196 | $46,894 | $0 | $452,090 | ||
Total
|
$2,154,571 | $268,114 | $0 | $2,422,685 | ||
F.T.E.
|
21.5 | |||||
(2) | Governor's Contingency Fund | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$75,000 | $0 | $0 | $75,000 | ||
Total
|
$75,000 | $0 | $0 | $75,000 | ||
F.T.E.
|
0.0 | |||||
(3) | Governor's Office of Economic Development | |||||
Personal Services
|
$1,585,319 | $503,223 | $575,823 | $2,664,365 | ||
Operating Expenses
|
$846,101 | $11,160,096 | $20,623,225 | $32,629,422 | ||
Total
|
$2,431,420 | $11,663,319 | $21,199,048 | $35,293,787 | ||
F.T.E.
|
40.6 | |||||
(4) | Office of Research Commerce | |||||
Personal Services
|
$167,285 | $0 | $0 | $167,285 | ||
Operating Expenses
|
$3,689,668 | $0 | $500,000 | $4,189,668 | ||
Total
|
$3,856,953 | $0 | $500,000 | $4,356,953 | ||
F.T.E.
|
2.0 | |||||
(5) | SD Housing Development Authority--Informational | |||||
Personal Services
|
$0 | $1,509,532 | $2,889,661 | $4,399,193 | ||
Operating Expenses
|
$0 | $679,308 | $5,230,241 | $5,909,549 | ||
Total
|
$0 | $2,188,840 | $8,119,902 | $10,308,742 | ||
F.T.E.
|
65.0 | |||||
(6) | SD Science and Technology Authority--Informational | |||||
Personal Services
|
$0 | $0 | $2,492,725 | $2,492,725 | ||
Operating Expenses
|
$0 | $0 | $3,925,898 | $3,925,898 | ||
Total
|
$0 | $0 | $6,418,623 | $6,418,623 | ||
F.T.E.
|
33.0 | |||||
(7) | SD Energy Infrastructure Authority--Informational | |||||
Personal Services
|
$0 | $0 | $26,663 | $26,663 | ||
Operating Expenses
|
$0 | $0 | $31,606 | $31,606 | ||
Total
|
$0 | $0 | $58,269 | $58,269 | ||
F.T.E.
|
0.0 | |||||
(8) | SD Ellsworth Development Authority--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $594,180 | $594,180 | ||
Total
|
$0 | $0 | $594,180 | $594,180 | ||
F.T.E.
|
0.0 | |||||
(9) | Building South Dakota--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $4,900,000 | $4,900,000 | ||
Total
|
$0 | $0 | $4,900,000 | $4,900,000 | ||
F.T.E.
|
0.0 | |||||
(10) | Lieutenant Governor | |||||
Personal Services
|
$20,212 | $0 | $0 | $20,212 | ||
Operating Expenses
|
$13,268 | $0 | $0 | $13,268 | ||
Total
|
$33,480 | $0 | $0 | $33,480 | ||
F.T.E.
|
0.5 | |||||
(11) | Bureau of Finance and Management (BFM) | |||||
Personal Services
|
$598,529 | $0 | $2,116,814 | $2,715,343 | ||
Operating Expenses
|
$249,204 | $0 | $2,245,889 | $2,495,093 | ||
Total
|
$847,733 | $0 | $4,362,703 | $5,210,436 | ||
F.T.E.
|
34.0 | |||||
(12) | Sale Leaseback, BFM | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$5,030,000 | $0 | $0 | $5,030,000 | ||
Total
|
$5,030,000 | $0 | $0 | $5,030,000 | ||
F.T.E.
|
0.0 | |||||
(13) | Computer Services and Development | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $2,000,000 | $2,000,000 | ||
Total
|
$0 | $0 | $2,000,000 | $2,000,000 | ||
F.T.E.
|
0.0 | |||||
(14) | Building Authority--Informational | |||||
Personal Services
|
$0 | $0 | $159,357 | $159,357 | ||
Operating Expenses
|
$0 | $0 | $444,324 | $444,324 | ||
Total
|
$0 | $0 | $603,681 | $603,681 | ||
F.T.E.
|
1.4 | |||||
(15) | Health & Education Facilities Authority--Informational | |||||
Personal Services
|
$0 | $0 | $513,783 | $513,783 | ||
Operating Expenses
|
$0 | $0 | $237,161 | $237,161 | ||
Total
|
$0 | $0 | $750,944 | $750,944 | ||
F.T.E.
|
4.6 | |||||
(16) | Employee Compensation | |||||
Personal Services
|
$19,268,131 | $11,072,332 | $22,094,651 | $52,435,114 | ||
Operating Expenses
|
$1,098,242 | $386,820 | $592,048 | $2,077,110 | ||
Total
|
$20,366,373 | $11,459,152 | $22,686,699 | $54,512,224 | ||
F.T.E.
|
0.0 | |||||
(17) | Educational Enhancement Funding Corporation--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $181,261 | $181,261 | ||
Total
|
$0 | $0 | $181,261 | $181,261 | ||
F.T.E.
|
0.0 | |||||
(18) | Administrative Services, Bureau of Administration (BOA) | |||||
Personal Services
|
$0 | $0 | $350,842 | $350,842 | ||
Operating Expenses
|
$683 | $0 | $106,536 | $107,219 | ||
Total
|
$683 | $0 | $457,378 | $458,061 | ||
F.T.E.
|
3.5 | |||||
(19) | Sale Leaseback, BOA | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$358,938 | $0 | $0 | $358,938 | ||
Total
|
$358,938 | $0 | $0 | $358,938 | ||
F.T.E.
|
0.0 | |||||
(20) | Central Services | |||||
Personal Services
|
$170,837 | $0 | $6,220,687 | $6,391,524 | ||
Operating Expenses
|
$208,266 | $0 | $16,275,777 | $16,484,043 | ||
Total
|
$379,103 | $0 | $22,496,464 | $22,875,567 | ||
F.T.E.
|
138.5 | |||||
(21) | State Engineer | |||||
Personal Services
|
$0 | $0 | $964,945 | $964,945 | ||
Operating Expenses
|
$0 | $0 | $218,030 | $218,030 | ||
Total
|
$0 | $0 | $1,182,975 | $1,182,975 | ||
F.T.E.
|
14.0 | |||||
(22) | Statewide Maintenance and Repair | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$8,281,156 | $500,000 | $3,361,041 | $12,142,197 | ||
Total
|
$8,281,156 | $500,000 | $3,361,041 | $12,142,197 | ||
F.T.E.
|
0.0 | |||||
(23) | Office of Hearing Examiners | |||||
Personal Services
|
$238,396 | $0 | $0 | $238,396 | ||
Operating Expenses
|
$69,085 | $0 | $0 | $69,085 | ||
Total
|
$307,481 | $0 | $0 | $307,481 | ||
F.T.E.
|
3.0 | |||||
(24) | PEPL Fund Administration--Informational | |||||
Personal Services
|
$0 | $0 | $372,127 | $372,127 | ||
Operating Expenses
|
$0 | $0 | $1,829,134 | $1,829,134 | ||
Total
|
$0 | $0 | $2,201,261 | $2,201,261 | ||
F.T.E.
|
4.0 | |||||
(25) | PEPL Fund Claims--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $1,300,000 | $1,300,000 | ||
Total
|
$0 | $0 | $1,300,000 | $1,300,000 | ||
F.T.E.
|
0.0 | |||||
(26) | Data Centers, Bureau of Information and Telecommunications (BIT) | |||||
Personal Services
|
$0 | $0 | $4,497,709 | $4,497,709 | ||
Operating Expenses
|
$0 | $0 | $4,225,969 | $4,225,969 | ||
Total
|
$0 | $0 | $8,723,678 | $8,723,678 | ||
F.T.E.
|
60.0 | |||||
(27) | Development | |||||
Personal Services
|
$0 | $0 | $10,132,769 | $10,132,769 | ||
Operating Expenses
|
$0 | $131,558 | $1,571,857 | $1,703,415 | ||
Total
|
$0 | $131,558 | $11,704,626 | $11,836,184 | ||
F.T.E.
|
137.0 | |||||
(28) | Telecommunications Services | |||||
Personal Services
|
$0 | $342,515 | $6,337,724 | $6,680,239 | ||
Operating Expenses
|
$0 | $205,752 | $9,346,060 | $9,551,812 | ||
Total
|
$0 | $548,267 | $15,683,784 | $16,232,051 | ||
F.T.E.
|
90.0 | |||||
(29) | South Dakota Public Broadcasting | |||||
Personal Services
|
$2,499,449 | $0 | $865,883 | $3,365,332 | ||
Operating Expenses
|
$1,224,816 | $1,098,807 | $2,704,559 | $5,028,182 | ||
Total
|
$3,724,265 | $1,098,807 | $3,570,442 | $8,393,514 | ||
F.T.E.
|
59.5 | |||||
(30) | BIT Administration | |||||
Personal Services
|
$0 | $4,006 | $1,405,467 | $1,409,473 | ||
Operating Expenses
|
$0 | $0 | $203,150 | $203,150 | ||
Total
|
$0 | $4,006 | $1,608,617 | $1,612,623 | ||
F.T.E.
|
16.0 | |||||
(31) | State Radio Engineering | |||||
Personal Services
|
$624,564 | $0 | $11,013 | $635,577 | ||
Operating Expenses
|
$2,137,187 | $523,289 | $129,068 | $2,789,544 | ||
Total
|
$2,761,751 | $523,289 | $140,081 | $3,425,121 | ||
F.T.E.
|
10.0 | |||||
(32) | Personnel Management and Employee Benefits (BHR) | |||||
Personal Services
|
$193,038 | $0 | $3,924,768 | $4,117,806 | ||
Operating Expenses
|
$59,071 | $0 | $1,824,677 | $1,883,748 | ||
Total
|
$252,109 | $0 | $5,749,445 | $6,001,554 | ||
F.T.E.
|
68.7 | |||||
(33) | South Dakota Risk Pool | |||||
Personal Services
|
$0 | $0 | $99,073 | $99,073 | ||
Operating Expenses
|
$0 | $500,965 | $8,060,356 | $8,561,321 | ||
Total
|
$0 | $500,965 | $8,159,429 | $8,660,394 | ||
F.T.E.
|
1.8 | |||||
(34) | South Dakota Risk Pool Reserve | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $1,500,000 | $1,500,000 | ||
Total
|
$0 | $0 | $1,500,000 | $1,500,000 | ||
F.T.E.
|
0.0 | |||||
(35) | DEPARTMENT TOTAL, EXECUTIVE MANAGEMENT | |||||
Personal Services
|
$27,115,135 | $13,652,828 | $66,052,484 | $106,820,447 | ||
Operating Expenses
|
$23,745,881 | $15,233,489 | $94,162,047 | $133,141,417 | ||
Total
|
$50,861,016 | $28,886,317 | $160,214,531 | $239,961,864 | ||
F.T.E.
|
808.6 | |||||
SECTION 3. DEPARTMENT OF REVENUE
|
||||||
(1) | Administration, Secretary of Revenue | |||||
Personal Services
|
$0 | $0 | $1,904,453 | $1,904,453 | ||
Operating Expenses
|
$0 | $0 | $1,526,118 | $1,526,118 | ||
Total
|
$0 | $0 | $3,430,571 | $3,430,571 | ||
F.T.E.
|
28.0 | |||||
(2) | Business Tax | |||||
Personal Services
|
$0 | $0 | $3,242,552 | $3,242,552 | ||
Operating Expenses
|
$0 | $0 | $869,791 | $869,791 | ||
Total
|
$0 | $0 | $4,112,343 | $4,112,343 | ||
F.T.E.
|
57.5 | |||||
(3) | Motor Vehicles | |||||
Personal Services
|
$0 | $0 | $2,126,662 | $2,126,662 | ||
Operating Expenses
|
$0 | $0 | $5,060,196 | $5,060,196 | ||
Total
|
$0 | $0 | $7,186,858 | $7,186,858 | ||
F.T.E.
|
46.0 | |||||
(4) | Property and Special Taxes | |||||
Personal Services
|
$857,104 | $0 | $0 | $857,104 | ||
Operating Expenses
|
$260,609 | $0 | $0 | $260,609 | ||
Total
|
$1,117,713 | $0 | $0 | $1,117,713 | ||
F.T.E.
|
14.0 | |||||
(5) | Audits | |||||
Personal Services
|
$0 | $0 | $3,565,150 | $3,565,150 | ||
Operating Expenses
|
$0 | $0 | $563,446 | $563,446 | ||
Total
|
$0 | $0 | $4,128,596 | $4,128,596 | ||
F.T.E.
|
55.0 | |||||
(6) | Instant and On-line Operation--Informational | |||||
Personal Services
|
$0 | $0 | $1,284,555 | $1,284,555 | ||
Operating Expenses
|
$0 | $0 | $36,900,011 | $36,900,011 | ||
Total
|
$0 | $0 | $38,184,566 | $38,184,566 | ||
F.T.E.
|
21.0 | |||||
(7) | Video Lottery | |||||
Personal Services
|
$0 | $0 | $593,890 | $593,890 | ||
Operating Expenses
|
$0 | $0 | $1,954,319 | $1,954,319 | ||
Total
|
$0 | $0 | $2,548,209 | $2,548,209 | ||
F.T.E.
|
10.0 | |||||
(8) | Commission on Gaming--Informational | |||||
Personal Services
|
$0 | $0 | $946,606 | $946,606 | ||
Operating Expenses
|
$0 | $0 | $9,605,350 | $9,605,350 | ||
Total
|
$0 | $0 | $10,551,956 | $10,551,956 | ||
F.T.E.
|
16.0 | |||||
(9) | DEPARTMENT TOTAL, REVENUE | |||||
Personal Services
|
$857,104 | $0 | $13,663,868 | $14,520,972 | ||
Operating Expenses
|
$260,609 | $0 | $56,479,231 | $56,739,840 | ||
Total
|
$1,117,713 | $0 | $70,143,099 | $71,260,812 | ||
F.T.E.
|
247.5 | |||||
SECTION 4. DEPARTMENT OF AGRICULTURE
|
||||||
(1) | Administration, Secretary of Agriculture | |||||
Personal Services
|
$624,495 | $39,872 | $71,653 | $736,020 | ||
Operating Expenses
|
$176,272 | $16,787 | $93,804 | $286,863 | ||
Total
|
$800,767 | $56,659 | $165,457 | $1,022,883 | ||
F.T.E.
|
9.5 | |||||
(2) | Agricultural Services and Assistance | |||||
Personal Services
|
$1,272,887 | $1,778,066 | $1,051,951 | $4,102,904 | ||
Operating Expenses
|
$553,373 | $1,980,694 | $1,968,784 | $4,502,851 | ||
Total
|
$1,826,260 | $3,758,760 | $3,020,735 | $8,605,755 | ||
F.T.E.
|
83.1 | |||||
(3) | Agricultural Development and Promotion | |||||
Personal Services
|
$1,152,016 | $433,083 | $146,462 | $1,731,561 | ||
Operating Expenses
|
$450,067 | $1,236,723 | $764,384 | $2,451,174 | ||
Total
|
$1,602,083 | $1,669,806 | $910,846 | $4,182,735 | ||
F.T.E.
|
27.8 | |||||
(4) | Animal Industry Board | |||||
Personal Services
|
$1,569,880 | $988,841 | $124,898 | $2,683,619 | ||
Operating Expenses
|
$332,047 | $615,449 | $141,640 | $1,089,136 | ||
Total
|
$1,901,927 | $1,604,290 | $266,538 | $3,772,755 | ||
F.T.E.
|
41.0 | |||||
(5) | American Dairy Association--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $1,989,663 | $1,989,663 | ||
Total
|
$0 | $0 | $1,989,663 | $1,989,663 | ||
F.T.E.
|
0.0 | |||||
(6) | Wheat Commission--Informational | |||||
Personal Services
|
$0 | $0 | $224,970 | $224,970 | ||
Operating Expenses
|
$0 | $0 | $942,205 | $942,205 | ||
Total
|
$0 | $0 | $1,167,175 | $1,167,175 | ||
F.T.E.
|
3.0 | |||||
(7) | Oilseeds Council--Informational | |||||
Personal Services
|
$0 | $0 | $1,100 | $1,100 | ||
Operating Expenses
|
$0 | $0 | $308,918 | $308,918 | ||
Total
|
$0 | $0 | $310,018 | $310,018 | ||
F.T.E.
|
0.0 | |||||
(8) | Soybean Research and Promotion Council--Informational | |||||
Personal Services
|
$0 | $0 | $468,766 | $468,766 | ||
Operating Expenses
|
$0 | $0 | $13,273,887 | $13,273,887 | ||
Total
|
$0 | $0 | $13,742,653 | $13,742,653 | ||
F.T.E.
|
8.0 | |||||
(9) | Brand Board--Informational | |||||
Personal Services
|
$0 | $0 | $1,389,097 | $1,389,097 | ||
Operating Expenses
|
$0 | $0 | $484,191 | $484,191 | ||
Total
|
$0 | $0 | $1,873,288 | $1,873,288 | ||
F.T.E.
|
33.0 | |||||
(10) | Corn Utilization Council--Informational | |||||
Personal Services
|
$0 | $0 | $137,432 | $137,432 | ||
Operating Expenses
|
$0 | $0 | $5,744,903 | $5,744,903 | ||
Total
|
$0 | $0 | $5,882,335 | $5,882,335 | ||
F.T.E.
|
1.0 | |||||
(11) | Board of Veterinary Medicine Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $2,445 | $2,445 | ||
Operating Expenses
|
$0 | $0 | $56,499 | $56,499 | ||
Total
|
$0 | $0 | $58,944 | $58,944 | ||
F.T.E.
|
0.0 | |||||
(12) | Pulse Crops Council--Informational | |||||
Personal Services
|
$0 | $0 | $1,220 | $1,220 | ||
Operating Expenses
|
$0 | $0 | $31,000 | $31,000 | ||
Total
|
$0 | $0 | $32,220 | $32,220 | ||
F.T.E.
|
0.0 | |||||
(13) | State Fair | |||||
Personal Services
|
$0 | $0 | $784,086 | $784,086 | ||
Operating Expenses
|
$269,382 | $0 | $1,689,386 | $1,958,768 | ||
Total
|
$269,382 | $0 | $2,473,472 | $2,742,854 | ||
F.T.E.
|
19.5 | |||||
(14) | DEPARTMENT TOTAL, AGRICULTURE | |||||
Personal Services
|
$4,619,278 | $3,239,862 | $4,404,080 | $12,263,220 | ||
Operating Expenses
|
$1,781,141 | $3,849,653 | $27,489,264 | $33,120,058 | ||
TOTAL
|
$6,400,419 | $7,089,515 | $31,893,344 | $45,383,278 | ||
F.T.E.
|
225.9 | |||||
SECTION 5. DEPARTMENT OF TOURISM
|
||||||
(1) | Tourism | |||||
Personal Services
|
$0 | $0 | $1,537,337 | $1,537,337 | ||
Operating Expenses
|
$0 | $0 | $12,024,069 | $12,024,069 | ||
Total
|
$0 | $0 | $13,561,406 | $13,561,406 | ||
F.T.E.
|
25.0 | |||||
(2) | Arts | |||||
Personal Services
|
$0 | $0 | $233,534 | $233,534 | ||
Operating Expenses
|
$0 | $878,000 | $572,489 | $1,450,489 | ||
Total
|
$0 | $878,000 | $806,023 | $1,684,023 | ||
F.T.E.
|
3.0 | |||||
(3) | History | |||||
Personal Services
|
$866,483 | $364,131 | $1,185,378 | $2,415,992 | ||
Operating Expenses
|
$1,001,274 | $541,557 | $1,490,882 | $3,033,713 | ||
Total
|
$1,867,757 | $905,688 | $2,676,260 | $5,449,705 | ||
F.T.E.
|
44.0 | |||||
(4) | DEPARTMENT TOTAL, TOURISM | |||||
Personal Services | $866,483 | $364,131 | $2,956,249 | $4,186,863 | ||
Operating Expenses
|
$1,001,274 | $1,419,557 | $14,087,440 | $16,508,271 | ||
TOTAL
|
$1,867,757 | $1,783,688 | $17,043,689 | $20,695,134 | ||
F.T.E.
|
72.0 | |||||
SECTION 6. DEPARTMENT OF GAME, FISH AND PARKS
|
||||||
(1) | Administration, Secretary of Game, Fish and Parks | |||||
Personal Services
|
$103,087 | $0 | $1,736,948 | $1,840,035 | ||
Operating Expenses
|
$825,202 | $0 | $1,556,413 | $2,381,615 | ||
Total
|
$928,289 | $0 | $3,293,361 | $4,221,650 | ||
F.T.E.
|
25.1 | |||||
(2) | Wildlife--Informational | |||||
Personal Services
|
$0 | $3,548,403 | $13,043,042 | $16,591,445 | ||
Operating Expenses
|
$0 | $12,316,779 | $14,360,318 | $26,677,097 | ||
Total
|
$0 | $15,865,182 | $27,403,360 | $43,268,542 | ||
F.T.E.
|
290.0 | |||||
(3) | Wildlife, Development and Improvement--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $1,093,750 | $418,250 | $1,512,000 | ||
Total
|
$0 | $1,093,750 | $418,250 | $1,512,000 | ||
F.T.E.
|
0.0 | |||||
(4) | State Parks and Recreation | |||||
Personal Services
|
$2,390,553 | $840,721 | $6,242,169 | $9,473,443 | ||
Operating Expenses
|
$1,465,789 | $2,418,035 | $7,381,816 | $11,265,640 | ||
Total
|
$3,856,342 | $3,258,756 | $13,623,985 | $20,739,083 | ||
F.T.E.
|
243.2 | |||||
(5) | State Parks and Recreation, Development and Improvement | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $2,829,750 | $3,956,450 | $6,786,200 | ||
Total
|
$0 | $2,829,750 | $3,956,450 | $6,786,200 | ||
F.T.E.
|
0.0 | |||||
(6) | Snowmobile Trails--Informational | |||||
Personal Services
|
$0 | $0 | $362,281 | $362,281 | ||
Operating Expenses
|
$0 | $232,000 | $815,587 | $1,047,587 | ||
Total
|
$0 | $232,000 | $1,177,868 | $1,409,868 | ||
F.T.E.
|
9.1 | |||||
(7) | DEPARTMENT TOTAL, GAME, FISH AND PARKS | |||||
Personal Services
|
$2,493,640 | $4,389,124 | $21,384,440 | $28,267,204 | ||
Operating Expenses
|
$2,290,991 | $18,890,314 | $28,488,834 | $49,670,139 | ||
TOTAL
|
$4,784,631 | $23,279,438 | $49,873,274 | $77,937,343 | ||
F.T.E.
|
567.4 | |||||
SECTION 7. DEPARTMENT OF TRIBAL RELATIONS
|
||||||
(1) | Office of Tribal Relations | |||||
Personal Services
|
$326,222 | $0 | $0 | $326,222 | ||
Operating Expenses
|
$92,795 | $100,000 | $100,000 | $292,795 | ||
Total
|
$419,017 | $100,000 | $100,000 | $619,017 | ||
F.T.E.
|
5.0 | |||||
(2) | DEPARTMENT TOTAL, TRIBAL RELATIONS | |||||
Personal Services
|
$326,222 | $0 | $0 | $326,222 | ||
Operating Expenses
|
$92,795 | $100,000 | $100,000 | $292,795 | ||
Total
|
$419,017 | $100,000 | $100,000 | $619,017 | ||
F.T.E.
|
5.0 | |||||
SECTION 8. DEPARTMENT OF SOCIAL SERVICES
|
||||||
(1) | Administration, Secretary of Social Services | |||||
Personal Services
|
$3,998,586 | $5,186,509 | $9,467 | $9,194,562 | ||
Operating Expenses
|
$4,313,968 | $15,379,920 | $9,269 | $19,703,157 | ||
Total
|
$8,312,554 | $20,566,429 | $18,736 | $28,897,719 | ||
F.T.E.
|
182.7 | |||||
(2) | Economic Assistance | |||||
Personal Services
|
$7,335,172 | $10,267,277 | $21,355 | $17,623,804 | ||
Operating Expenses
|
$17,024,781 | $49,638,588 | $317,023 | $66,980,392 | ||
Total
|
$24,359,953 | $59,905,865 | $338,378 | $84,604,196 | ||
F.T.E.
|
320.5 | |||||
(3) | Medical and Adult Services | |||||
Personal Services
|
$2,849,897 | $5,968,890 | $152,933 | $8,971,720 | ||
Operating Expenses
|
$300,740,208 | $463,793,520 | $1,624,364 | $766,158,092 | ||
Total
|
$303,590,105 | $469,762,410 | $1,777,297 | $775,129,812 | ||
F.T.E.
|
151.0 | |||||
(4) | Children's Services | |||||
Personal Services
|
$10,749,841 | $9,079,768 | $1,554,909 | $21,384,518 | ||
Operating Expenses
|
$34,053,131 | $40,698,833 | $3,027,697 | $77,779,661 | ||
Total
|
$44,802,972 | $49,778,601 | $4,582,606 | $99,164,179 | ||
F.T.E.
|
353.8 | |||||
(5) | Behavioral Health | |||||
Personal Services
|
$26,990,925 | $9,576,486 | $1,355,989 | $37,923,400 | ||
Operating Expenses
|
$39,898,461 | $28,256,691 | $1,382,363 | $69,537,515 | ||
Total
|
$66,889,386 | $37,833,177 | $2,738,352 | $107,460,915 | ||
F.T.E.
|
647.0 | |||||
(6) | Board of Counselor Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $2,788 | $2,788 | ||
Operating Expenses
|
$0 | $0 | $89,931 | $89,931 | ||
Total
|
$0 | $0 | $92,719 | $92,719 | ||
F.T.E.
|
0.0 | |||||
(7) | Board of Psychology Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $3,358 | $3,358 | ||
Operating Expenses
|
$0 | $0 | $73,201 | $73,201 | ||
Total
|
$0 | $0 | $76,559 | $76,559 | ||
F.T.E.
|
0.0 | |||||
(8) | Board of Social Work Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $2,809 | $2,809 | ||
Operating Expenses
|
$0 | $0 | $98,649 | $98,649 | ||
Total
|
$0 | $0 | $101,458 | $101,458 | ||
F.T.E.
|
0.0 | |||||
(9) | Board of Addiction and Prevention Professionals--Informational | |||||
Personal Services
|
$0 | $0 | $94,539 | $94,539 | ||
Operating Expenses
|
$0 | $0 | $57,836 | $57,836 | ||
Total
|
$0 | $0 | $152,375 | $152,375 | ||
F.T.E.
|
1.3 | |||||
(10) | DEPARTMENT TOTAL, SOCIAL SERVICES | |||||
Personal Services
|
$51,924,421 | $40,078,930 | $3,198,147 | $95,201,498 | ||
Operating Expenses
|
$396,030,549 | $597,767,552 | $6,680,333 | $1,000,478,434 | ||
TOTAL
|
$447,954,970 | $637,846,482 | $9,878,480 | $1,095,679,932 | ||
F.T.E.
|
1,656.3 | |||||
SECTION 9. DEPARTMENT OF HEALTH
|
||||||
(1) | Administration, Secretary of Health | |||||
Personal Services
|
$658,879 | $1,009,120 | $461,890 | $2,129,889 | ||
Operating Expenses
|
$521,909 | $5,436,074 | $1,110,494 | $7,068,477 | ||
Total
|
$1,180,788 | $6,445,194 | $1,572,384 | $9,198,366 | ||
F.T.E.
|
32.0 | |||||
(2) | Health Systems Development and Regulation | |||||
Personal Services
|
$1,499,675 | $3,151,908 | $11,548 | $4,663,131 | ||
Operating Expenses
|
$1,087,567 | $6,443,224 | $2,885,361 | $10,416,152 | ||
Total
|
$2,587,242 | $9,595,132 | $2,896,909 | $15,079,283 | ||
F.T.E.
|
62.5 | |||||
(3) | Health and Medical Services | |||||
Personal Services
|
$1,777,511 | $8,952,737 | $1,220,796 | $11,951,044 | ||
Operating Expenses
|
$2,107,834 | $12,766,426 | $4,021,405 | $18,895,665 | ||
Total
|
$3,885,345 | $21,719,163 | $5,242,201 | $30,846,709 | ||
F.T.E.
|
184.5 | |||||
(4) | Laboratory Services | |||||
Personal Services
|
$0 | $555,539 | $1,322,292 | $1,877,831 | ||
Operating Expenses
|
$0 | $2,686,931 | $1,878,722 | $4,565,653 | ||
Total
|
$0 | $3,242,470 | $3,201,014 | $6,443,484 | ||
F.T.E.
|
28.0 | |||||
(5) | Correctional Health | |||||
Personal Services
|
$0 | $0 | $6,468,077 | $6,468,077 | ||
Operating Expenses
|
$0 | $0 | $11,816,570 | $11,816,570 | ||
Total
|
$0 | $0 | $18,284,647 | $18,284,647 | ||
F.T.E.
|
87.0 | |||||
(6) | Tobacco Prevention | |||||
Personal Services
|
$0 | $215,656 | $0 | $215,656 | ||
Operating Expenses
|
$0 | $911,781 | $4,500,038 | $5,411,819 | ||
Total
|
$0 | $1,127,437 | $4,500,038 | $5,627,475 | ||
F.T.E.
|
3.0 | |||||
(7) | Board of Chiropractic Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $56,760 | $56,760 | ||
Operating Expenses
|
$0 | $0 | $48,426 | $48,426 | ||
Total
|
$0 | $0 | $105,186 | $105,186 | ||
F.T.E.
|
1.0 | |||||
(8) | Board of Dentistry--Informational | |||||
Personal Services
|
$0 | $0 | $9,088 | $9,088 | ||
Operating Expenses
|
$0 | $0 | $296,510 | $296,510 | ||
Total
|
$0 | $0 | $305,598 | $305,598 | ||
F.T.E.
|
0.0 | |||||
(9) | Board of Hearing Aid Dispensers--Informational | |||||
Personal Services
|
$0 | $0 | $1,113 | $1,113 | ||
Operating Expenses
|
$0 | $0 | $23,703 | $23,703 | ||
Total
|
$0 | $0 | $24,816 | $24,816 | ||
F.T.E.
|
0.0 | |||||
(10) | Board of Funeral Service--Informational | |||||
Personal Services
|
$0 | $0 | $8,609 | $8,609 | ||
Operating Expenses
|
$0 | $0 | $64,472 | $64,472 | ||
Total
|
$0 | $0 | $73,081 | $73,081 | ||
F.T.E.
|
0.0 | |||||
(11) | Board of Medical and Osteopathic Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $372,800 | $372,800 | ||
Operating Expenses
|
$0 | $0 | $615,818 | $615,818 | ||
Total
|
$0 | $0 | $988,618 | $988,618 | ||
F.T.E.
|
7.0 | |||||
(12) | Board of Nursing--Informational | |||||
Personal Services
|
$0 | $0 | $601,173 | $601,173 | ||
Operating Expenses
|
$0 | $0 | $536,991 | $536,991 | ||
Total
|
$0 | $0 | $1,138,164 | $1,138,164 | ||
F.T.E.
|
9.0 | |||||
(13) | Board of Nursing Home Administrators--Informational | |||||
Personal Services
|
$0 | $0 | $2,159 | $2,159 | ||
Operating Expenses
|
$0 | $0 | $53,193 | $53,193 | ||
Total
|
$0 | $0 | $55,352 | $55,352 | ||
F.T.E.
|
0.0 | |||||
(14) | Board of Optometry--Informational | |||||
Personal Services
|
$0 | $0 | $1,406 | $1,406 | ||
Operating Expenses
|
$0 | $0 | $55,119 | $55,119 | ||
Total
|
$0 | $0 | $56,525 | $56,525 | ||
F.T.E.
|
0.0 | |||||
(15) | Board of Pharmacy--Informational | |||||
Personal Services
|
$0 | $64,900 | $395,850 | $460,750 | ||
Operating Expenses
|
$0 | $133,794 | $404,525 | $538,319 | ||
Total
|
$0 | $198,694 | $800,375 | $999,069 | ||
F.T.E.
|
5.2 | |||||
(16) | Board of Podiatry Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $268 | $268 | ||
Operating Expenses
|
$0 | $0 | $21,194 | $21,194 | ||
Total
|
$0 | $0 | $21,462 | $21,462 | ||
F.T.E.
|
0.0 | |||||
(17) | Board of Massage Therapy--Informational | |||||
Personal Services
|
$0 | $0 | $2,585 | $2,585 | ||
Operating Expenses
|
$0 | $0 | $73,488 | $73,488 | ||
Total
|
$0 | $0 | $76,073 | $76,073 | ||
F.T.E.
|
0.0 | |||||
(18) | Board of Speech-Language Pathology--Informational | |||||
Personal Services
|
$0 | $0 | $1,035 | $1,035 | ||
Operating Expenses
|
$0 | $0 | $40,892 | $40,892 | ||
Total
|
$0 | $0 | $41,927 | $41,927 | ||
F.T.E.
|
0.0 | |||||
(19) | DEPARTMENT TOTAL, HEALTH | |||||
Personal Services
|
$3,936,065 | $13,949,860 | $10,937,449 | $28,823,374 | ||
Operating Expenses
|
$3,717,310 | $28,378,230 | $28,446,921 | $60,542,461 | ||
TOTAL
|
$7,653,375 | $42,328,090 | $39,384,370 | $89,365,835 | ||
F.T.E.
|
419.2 | |||||
SECTION 10. DEPARTMENT OF LABOR AND REGULATION
|
||||||
(1) | Administration, Secretary of Labor | |||||
Personal Services
|
$0 | $2,982,540 | $146,033 | $3,128,573 | ||
Operating Expenses
|
$605,033 | $15,766,072 | $86,033 | $16,457,138 | ||
Total
|
$605,033 | $18,748,612 | $232,066 | $19,585,711 | ||
F.T.E.
|
53.5 | |||||
(2) | Unemployment Insurance Services | |||||
Personal Services
|
$0 | $4,725,098 | $0 | $4,725,098 | ||
Operating Expenses
|
$0 | $675,724 | $0 | $675,724 | ||
Total
|
$0 | $5,400,822 | $0 | $5,400,822 | ||
F.T.E.
|
92.0 | |||||
(3) | Employment Services | |||||
Personal Services
|
$0 | $9,692,902 | $0 | $9,692,902 | ||
Operating Expenses
|
$0 | $1,556,345 | $0 | $1,556,345 | ||
Total
|
$0 | $11,249,247 | $0 | $11,249,247 | ||
F.T.E.
|
184.0 | |||||
(4) | State Labor Law Administration | |||||
Personal Services
|
$557,302 | $363,652 | $224,999 | $1,145,953 | ||
Operating Expenses
|
$91,541 | $73,336 | $238,977 | $403,854 | ||
Total
|
$648,843 | $436,988 | $463,976 | $1,549,807 | ||
F.T.E.
|
19.0 | |||||
(5) | Board of Accountancy--Informational | |||||
Personal Services
|
$0 | $0 | $131,116 | $131,116 | ||
Operating Expenses
|
$0 | $0 | $112,723 | $112,723 | ||
Total
|
$0 | $0 | $243,839 | $243,839 | ||
F.T.E.
|
2.5 | |||||
(6) | Board of Barber Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $2,332 | $2,332 | ||
Operating Expenses
|
$0 | $0 | $26,461 | $26,461 | ||
Total
|
$0 | $0 | $28,793 | $28,793 | ||
F.T.E.
|
0.0 | |||||
(7) | Cosmetology Commission--Informational | |||||
Personal Services
|
$0 | $0 | $146,829 | $146,829 | ||
Operating Expenses
|
$0 | $0 | $96,294 | $96,294 | ||
Total
|
$0 | $0 | $243,123 | $243,123 | ||
F.T.E.
|
3.0 | |||||
(8) | Plumbing Commission--Informational | |||||
Personal Services
|
$0 | $0 | $360,656 | $360,656 | ||
Operating Expenses
|
$0 | $0 | $200,896 | $200,896 | ||
Total
|
$0 | $0 | $561,552 | $561,552 | ||
F.T.E.
|
7.0 | |||||
(9) | Board of Technical Professions--Informational | |||||
Personal Services
|
$0 | $0 | $165,955 | $165,955 | ||
Operating Expenses
|
$0 | $0 | $182,635 | $182,635 | ||
Total
|
$0 | $0 | $348,590 | $348,590 | ||
F.T.E.
|
3.5 | |||||
(10) | Electrical Commission--Informational | |||||
Personal Services
|
$0 | $0 | $1,088,703 | $1,088,703 | ||
Operating Expenses
|
$0 | $0 | $481,679 | $481,679 | ||
Total
|
$0 | $0 | $1,570,382 | $1,570,382 | ||
F.T.E.
|
22.0 | |||||
(11) | Real Estate Commission--Informational | |||||
Personal Services
|
$0 | $0 | $312,037 | $312,037 | ||
Operating Expenses
|
$0 | $0 | $230,055 | $230,055 | ||
Total
|
$0 | $0 | $542,092 | $542,092 | ||
F.T.E.
|
5.0 | |||||
(12) | Abstracters Board of Examiners--Informational | |||||
Personal Services
|
$0 | $0 | $16,477 | $16,477 | ||
Operating Expenses
|
$0 | $0 | $9,477 | $9,477 | ||
Total
|
$0 | $0 | $25,954 | $25,954 | ||
F.T.E.
|
0.0 | |||||
(13) | South Dakota Athletic Commission--Informational | |||||
Personal Services
|
$0 | $0 | $7,700 | $7,700 | ||
Operating Expenses
|
$0 | $0 | $47,300 | $47,300 | ||
Total
|
$0 | $0 | $55,000 | $55,000 | ||
F.T.E.
|
0.0 | |||||
(14) | Banking | |||||
Personal Services
|
$0 | $0 | $1,756,064 | $1,756,064 | ||
Operating Expenses
|
$0 | $0 | $559,919 | $559,919 | ||
Total
|
$0 | $0 | $2,315,983 | $2,315,983 | ||
F.T.E.
|
24.5 | |||||
(15) | Securities | |||||
Personal Services
|
$0 | $0 | $390,646 | $390,646 | ||
Operating Expenses
|
$0 | $0 | $80,614 | $80,614 | ||
Total
|
$0 | $0 | $471,260 | $471,260 | ||
F.T.E.
|
5.7 | |||||
(16) | Insurance | |||||
Personal Services
|
$0 | $141,914 | $1,798,303 | $1,940,217 | ||
Operating Expenses
|
$0 | $589,961 | $292,537 | $882,498 | ||
Total
|
$0 | $731,875 | $2,090,840 | $2,822,715 | ||
F.T.E.
|
30.0 | |||||
(17) | South Dakota Retirement System | |||||
Personal Services
|
$0 | $0 | $2,153,615 | $2,153,615 | ||
Operating Expenses
|
$0 | $0 | $1,880,612 | $1,880,612 | ||
Total
|
$0 | $0 | $4,034,227 | $4,034,227 | ||
F.T.E.
|
33.0 | |||||
(18) | DEPARTMENT TOTAL, LABOR AND REGULATION | |||||
Personal Services
|
$557,302 | $17,906,106 | $8,701,465 | $27,164,873 | ||
Operating Expenses
|
$696,574 | $18,661,438 | $4,526,212 | $23,884,224 | ||
TOTAL
|
$1,253,876 | $36,567,544 | $13,227,677 | $51,049,097 | ||
F.T.E.
|
484.7 | |||||
SECTION 11. DEPARTMENT OF TRANSPORTATION
|
||||||
(1) | General Operations | |||||
Personal Services
|
$476,889 | $10,337,937 | $53,006,304 | $63,821,130 | ||
Operating Expenses
|
$25,502 | $22,809,529 | $87,465,347 | $110,300,378 | ||
Total
|
$502,391 | $33,147,466 | $140,471,651 | $174,121,508 | ||
F.T.E.
|
1,026.3 | |||||
(2) | Construction Contracts--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $347,068,873 | $76,094,285 | $423,163,158 | ||
Total
|
$0 | $347,068,873 | $76,094,285 | $423,163,158 | ||
F.T.E.
|
0.0 | |||||
(3) | DEPARTMENT TOTAL, TRANSPORTATION | |||||
Personal Services
|
$476,889 | $10,337,937 | $53,006,304 | $63,821,130 | ||
Operating Expenses
|
$25,502 | $369,878,402 | $163,559,632 | $533,463,536 | ||
Total
|
$502,391 | $380,216,339 | $216,565,936 | $597,284,666 | ||
F.T.E.
|
1,026.3 | |||||
SECTION 12. DEPARTMENT OF EDUCATION
|
||||||
(1) | Administration, Secretary of Education | |||||
Personal Services
|
$1,507,575 | $1,098,243 | $69,494 | $2,675,312 | ||
Operating Expenses
|
$733,307 | $7,791,239 | $135,191 | $8,659,737 | ||
Total
|
$2,240,882 | $8,889,482 | $204,685 | $11,335,049 | ||
F.T.E.
|
39.5 | |||||
(2) | Workforce Education Fund--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $2,100,000 | $2,100,000 | ||
Total
|
$0 | $0 | $2,100,000 | $2,100,000 | ||
F.T.E.
|
0.0 | |||||
(3) | State Aid to General Education | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$340,534,252 | $0 | $0 | $340,534,252 | ||
Total
|
$340,534,252 | $0 | $0 | $340,534,252 | ||
F.T.E.
|
0.0 | |||||
(4) | State Aid to Special Education | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$53,045,141 | $0 | $0 | $53,045,141 | ||
Total
|
$53,045,141 | $0 | $0 | $53,045,141 | ||
F.T.E.
|
0.0 | |||||
(5) | Sparsity Payments | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$1,863,053 | $0 | $0 | $1,863,053 | ||
Total
|
$1,863,053 | $0 | $0 | $1,863,053 | ||
F.T.E.
|
0.0 | |||||
(6) | Technology in Schools | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$7,214,819 | $0 | $1,804,346 | $9,019,165 | ||
Total
|
$7,214,819 | $0 | $1,804,346 | $9,019,165 | ||
F.T.E.
|
0.0 | |||||
(7) | Postsecondary Vocational Education | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$23,349,586 | $0 | $100,000 | $23,449,586 | ||
Total
|
$23,349,586 | $0 | $100,000 | $23,449,586 | ||
F.T.E.
|
0.0 | |||||
(8) | Postsecondary Voc Ed Tuition Assistance | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$915,920 | $0 | $0 | $915,920 | ||
Total
|
$915,920 | $0 | $0 | $915,920 | ||
F.T.E.
|
0.0 | |||||
(9) | Education Resources | |||||
Personal Services
|
$1,410,972 | $2,656,886 | $184,041 | $4,251,899 | ||
Operating Expenses
|
$6,094,555 | $178,895,180 | $1,479,547 | $186,469,282 | ||
Total
|
$7,505,527 | $181,552,066 | $1,663,588 | $190,721,181 | ||
F.T.E.
|
68.0 | |||||
(10) | State Library | |||||
Personal Services
|
$1,171,538 | $313,826 | $0 | $1,485,364 | ||
Operating Expenses
|
$592,698 | $880,801 | $186,083 | $1,659,582 | ||
Total
|
$1,764,236 | $1,194,627 | $186,083 | $3,144,946 | ||
F.T.E.
|
27.5 | |||||
(11) | DEPARTMENT TOTAL, EDUCATION | |||||
Personal Services
|
$4,090,085 | $4,068,955 | $253,535 | $8,412,575 | ||
Operating Expenses
|
$434,343,331 | $187,567,220 | $5,805,167 | $627,715,718 | ||
Total
|
$438,433,416 | $191,636,175 | $6,058,702 | $636,128,293 | ||
F.T.E.
|
135.0 | |||||
SECTION 13. DEPARTMENT OF PUBLIC SAFETY
|
||||||
(1) | Administration, Secretary of Public Safety | |||||
Personal Services
|
$114,001 | $136,253 | $551,743 | $801,997 | ||
Operating Expenses
|
$13,473 | $0 | $129,971 | $143,444 | ||
Total
|
$127,474 | $136,253 | $681,714 | $945,441 | ||
F.T.E.
|
8.5 | |||||
(2) | Highway Patrol | |||||
Personal Services
|
$1,165,515 | $1,453,097 | $15,280,394 | $17,899,006 | ||
Operating Expenses
|
$114,602 | $6,274,520 | $6,545,895 | $12,935,017 | ||
Total
|
$1,280,117 | $7,727,617 | $21,826,289 | $30,834,023 | ||
F.T.E.
|
278.0 | |||||
(3) | Emergency Services & Homeland Security | |||||
Personal Services
|
$1,160,867 | $1,318,922 | $97,701 | $2,577,490 | ||
Operating Expenses
|
$427,376 | $13,811,420 | $215,746 | $14,454,542 | ||
Total
|
$1,588,243 | $15,130,342 | $313,447 | $17,032,032 | ||
F.T.E.
|
36.0 | |||||
(4) | Legal and Regulatory Services | |||||
Personal Services
|
$61,393 | $0 | $4,379,662 | $4,441,055 | ||
Operating Expenses
|
$631,005 | $94,051 | $2,980,482 | $3,705,538 | ||
Total
|
$692,398 | $94,051 | $7,360,144 | $8,146,593 | ||
F.T.E.
|
95.5 | |||||
(5) | 911 Coordination Board--Informational | |||||
Personal Services
|
$0 | $0 | $103,742 | $103,742 | ||
Operating Expenses
|
$0 | $0 | $4,794,802 | $4,794,802 | ||
Total
|
$0 | $0 | $4,898,544 | $4,898,544 | ||
F.T.E.
|
1.0 | |||||
(6) | DEPARTMENT TOTAL, PUBLIC SAFETY | |||||
Personal Services
|
$2,501,776 | $2,908,272 | $20,413,242 | $25,823,290 | ||
Operating Expenses
|
$1,186,456 | $20,179,991 | $14,666,896 | $36,033,343 | ||
Total
|
$3,688,232 | $23,088,263 | $35,080,138 | $61,856,633 | ||
F.T.E.
|
419.0 | |||||
SECTION 14. BOARD OF REGENTS
|
||||||
(1) | Regents Central Office | |||||
Personal Services
|
$7,442,326 | $52,843 | $1,885,408 | $9,380,577 | ||
Operating Expenses
|
$10,770,257 | $1,173,804 | $42,907,992 | $54,852,053 | ||
Total
|
$18,212,583 | $1,226,647 | $44,793,400 | $64,232,630 | ||
F.T.E.
|
75.3 | |||||
(2) | Research Pool | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$1,000,000 | $0 | $0 | $1,000,000 | ||
Total
|
$1,000,000 | $0 | $0 | $1,000,000 | ||
F.T.E.
|
0.0 | |||||
(3) | South Dakota Scholarships | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$4,699,499 | $0 | $0 | $4,699,499 | ||
Total
|
$4,699,499 | $0 | $0 | $4,699,499 | ||
F.T.E.
|
0.0 | |||||
(4) | University of South Dakota Proper | |||||
Personal Services
|
$29,503,758 | $7,203,819 | $45,490,036 | $82,197,613 | ||
Operating Expenses
|
$3,020,085 | $7,774,322 | $37,551,661 | $48,346,068 | ||
Total
|
$32,523,843 | $14,978,141 | $83,041,697 | $130,543,681 | ||
F.T.E.
|
1,036.2 | |||||
(5) | University of South Dakota School of Medicine | |||||
Personal Services
|
$17,684,206 | $5,845,138 | $9,339,826 | $32,869,170 | ||
Operating Expenses
|
$3,177,194 | $11,183,589 | $14,230,302 | $28,591,085 | ||
Total
|
$20,861,400 | $17,028,727 | $23,570,128 | $61,460,255 | ||
F.T.E.
|
361.5 | |||||
(6) | South Dakota State University Proper | |||||
Personal Services
|
$36,300,979 | $14,305,069 | $80,179,739 | $130,785,787 | ||
Operating Expenses
|
$4,557,570 | $44,459,691 | $77,682,736 | $126,699,997 | ||
Total
|
$40,858,549 | $58,764,760 | $157,862,475 | $257,485,784 | ||
F.T.E.
|
1,617.7 | |||||
(7) | SDSU Extension | |||||
Personal Services
|
$7,625,640 | $5,056,461 | $1,234,663 | $13,916,764 | ||
Operating Expenses
|
$329,154 | $3,326,908 | $886,053 | $4,542,115 | ||
Total
|
$7,954,794 | $8,383,369 | $2,120,716 | $18,458,879 | ||
F.T.E.
|
200.4 | |||||
(8) | Agricultural Experiment Station | |||||
Personal Services
|
$10,687,508 | $8,368,832 | $5,841,489 | $24,897,829 | ||
Operating Expenses
|
$577,155 | $8,860,134 | $9,101,541 | $18,538,830 | ||
Total
|
$11,264,663 | $17,228,966 | $14,943,030 | $43,436,659 | ||
F.T.E.
|
284.5 | |||||
(9) | South Dakota School of Mines and Technology | |||||
Personal Services
|
$14,309,871 | $15,182,175 | $18,680,601 | $48,172,647 | ||
Operating Expenses
|
$1,081,285 | $20,300,000 | $21,555,612 | $42,936,897 | ||
Total
|
$15,391,156 | $35,482,175 | $40,236,213 | $91,109,544 | ||
F.T.E.
|
433.4 | |||||
(10) | Northern State University | |||||
Personal Services
|
$11,267,056 | $2,044,669 | $13,859,633 | $27,171,358 | ||
Operating Expenses
|
$861,025 | $658,703 | $9,700,936 | $11,220,664 | ||
Total
|
$12,128,081 | $2,703,372 | $23,560,569 | $38,392,022 | ||
F.T.E.
|
351.0 | |||||
(11) | Black Hills State University | |||||
Personal Services
|
$7,505,377 | $3,757,025 | $19,604,141 | $30,866,543 | ||
Operating Expenses
|
$624,520 | $3,923,933 | $13,481,352 | $18,029,805 | ||
Total
|
$8,129,897 | $7,680,958 | $33,085,493 | $48,896,348 | ||
F.T.E.
|
418.5 | |||||
(12) | Dakota State University | |||||
Personal Services
|
$7,868,477 | $2,092,719 | $13,348,090 | $23,309,286 | ||
Operating Expenses
|
$651,755 | $3,325,359 | $9,225,429 | $13,202,543 | ||
Total
|
$8,520,232 | $5,418,078 | $22,573,519 | $36,511,829 | ||
F.T.E.
|
288.8 | |||||
(13) | South Dakota School for the Deaf | |||||
Personal Services
|
$1,517,715 | $33,481 | $0 | $1,551,196 | ||
Operating Expenses
|
$1,142,023 | $108,421 | $525,339 | $1,775,783 | ||
Total
|
$2,659,738 | $141,902 | $525,339 | $3,326,979 | ||
F.T.E.
|
22.5 | |||||
(14) | South Dakota School for the Blind and Visually Impaired | |||||
Personal Services
|
$2,446,353 | $285,704 | $0 | $2,732,057 | ||
Operating Expenses
|
$250,016 | $45,683 | $337,161 | $632,860 | ||
Total
|
$2,696,369 | $331,387 | $337,161 | $3,364,917 | ||
F.T.E.
|
52.6 | |||||
(15) | DEPARTMENT TOTAL, BOARD OF REGENTS | |||||
Personal Services
|
$154,159,266 | $64,227,935 | $209,463,626 | $427,850,827 | ||
Operating Expenses
|
$32,741,538 | $105,140,547 | $237,186,114 | $375,068,199 | ||
Total
|
$186,900,804 | $169,368,482 | $446,649,740 | $802,919,026 | ||
F.T.E.
|
5,142.4 | |||||
SECTION 15. DEPARTMENT OF THE MILITARY
|
||||||
(1) | Adjutant General | |||||
Personal Services
|
$383,958 | $0 | $17,626 | $401,584 | ||
Operating Expenses
|
$514,467 | $10,306 | $10,021 | $534,794 | ||
Total
|
$898,425 | $10,306 | $27,647 | $936,378 | ||
F.T.E.
|
5.3 | |||||
(2) | Army Guard | |||||
Personal Services
|
$313,507 | $2,248,846 | $0 | $2,562,353 | ||
Operating Expenses
|
$2,080,972 | $10,408,643 | $58 | $12,489,673 | ||
Total
|
$2,394,479 | $12,657,489 | $58 | $15,052,026 | ||
F.T.E.
|
52.1 | |||||
(3) | Air Guard | |||||
Personal Services
|
$176,070 | $2,457,555 | $0 | $2,633,625 | ||
Operating Expenses
|
$225,269 | $2,650,500 | $0 | $2,875,769 | ||
Total
|
$401,339 | $5,108,055 | $0 | $5,509,394 | ||
F.T.E.
|
47.0 | |||||
(4) | DEPARTMENT TOTAL, MILITARY | |||||
Personal Services
|
$873,535 | $4,706,401 | $17,626 | $5,597,562 | ||
Operating Expenses
|
$2,820,708 | $13,069,449 | $10,079 | $15,900,236 | ||
Total
|
$3,694,243 | $17,775,850 | $27,705 | $21,497,798 | ||
F.T.E.
|
104.4 | |||||
SECTION 16. DEPARTMENT OF VETERANS' AFFAIRS
|
||||||
(1) | Veterans' Benefits and Services | |||||
Personal Services
|
$978,744 | $210,766 | $0 | $1,189,510 | ||
Operating Expenses
|
$366,618 | $45,834 | $61,000 | $473,452 | ||
Total
|
$1,345,362 | $256,600 | $61,000 | $1,662,962 | ||
F.T.E.
|
20.0 | |||||
(2) | State Veterans' Home | |||||
Personal Services
|
$1,601,348 | $812,282 | $1,884,453 | $4,298,083 | ||
Operating Expenses
|
$706,405 | $0 | $3,673,065 | $4,379,470 | ||
Total
|
$2,307,753 | $812,282 | $5,557,518 | $8,677,553 | ||
F.T.E.
|
85.7 | |||||
(3) | DEPARTMENT TOTAL, VETERANS' AFFAIRS | |||||
Personal Services
|
$2,580,092 | $1,023,048 | $1,884,453 | $5,487,593 | ||
Operating Expenses
|
$1,073,023 | $45,834 | $3,734,065 | $4,852,922 | ||
Total
|
$3,653,115 | $1,068,882 | $5,618,518 | $10,340,515 | ||
F.T.E.
|
105.7 | |||||
SECTION 17. DEPARTMENT OF CORRECTIONS
|
||||||
(1) | Administration, Central Office | |||||
Personal Services
|
$1,427,023 | $146,667 | $0 | $1,573,690 | ||
Operating Expenses
|
$388,426 | $864,339 | $333,348 | $1,586,113 | ||
Total
|
$1,815,449 | $1,011,006 | $333,348 | $3,159,803 | ||
F.T.E.
|
22.0 | |||||
(2) | Mike Durfee State Prison | |||||
Personal Services
|
$10,026,496 | $40,169 | $804,930 | $10,871,595 | ||
Operating Expenses
|
$5,181,808 | $76,822 | $534,199 | $5,792,829 | ||
Total
|
$15,208,304 | $116,991 | $1,339,129 | $16,664,424 | ||
F.T.E.
|
210.0 | |||||
(3) | State Penitentiary | |||||
Personal Services
|
$14,842,158 | $107,297 | $313,851 | $15,263,306 | ||
Operating Expenses
|
$4,435,522 | $478,991 | $1,010,590 | $5,925,103 | ||
Total
|
$19,277,680 | $586,288 | $1,324,441 | $21,188,409 | ||
F.T.E.
|
306.0 | |||||
(4) | Women's Prison | |||||
Personal Services
|
$3,448,991 | $51,807 | $49,674 | $3,550,472 | ||
Operating Expenses
|
$1,308,860 | $20,888 | $277,586 | $1,607,334 | ||
Total
|
$4,757,851 | $72,695 | $327,260 | $5,157,806 | ||
F.T.E.
|
70.0 | |||||
(5) | Pheasantland Industries | |||||
Personal Services
|
$0 | $0 | $841,422 | $841,422 | ||
Operating Expenses
|
$0 | $0 | $5,149,693 | $5,149,693 | ||
Total
|
$0 | $0 | $5,991,115 | $5,991,115 | ||
F.T.E.
|
14.0 | |||||
(6) | Inmate Services | |||||
Personal Services
|
$800,705 | $111,958 | $646,256 | $1,558,919 | ||
Operating Expenses
|
$19,543,885 | $253,593 | $1,042,868 | $20,840,346 | ||
Total
|
$20,344,590 | $365,551 | $1,689,124 | $22,399,265 | ||
F.T.E.
|
25.0 | |||||
(7) | Parole Services | |||||
Personal Services
|
$2,776,386 | $0 | $225,003 | $3,001,389 | ||
Operating Expenses
|
$1,109,199 | $0 | $747,983 | $1,857,182 | ||
Total
|
$3,885,585 | $0 | $972,986 | $4,858,571 | ||
F.T.E.
|
55.0 | |||||
(8) | Juvenile Community Corrections | |||||
Personal Services
|
$2,626,281 | $0 | $0 | $2,626,281 | ||
Operating Expenses
|
$14,223,695 | $6,344,195 | $567,369 | $21,135,259 | ||
Total
|
$16,849,976 | $6,344,195 | $567,369 | $23,761,540 | ||
F.T.E.
|
47.5 | |||||
(9) | Youth Challenge Center | |||||
Personal Services
|
$1,372,190 | $0 | $0 | $1,372,190 | ||
Operating Expenses
|
$107,333 | $0 | $14,942 | $122,275 | ||
Total
|
$1,479,523 | $0 | $14,942 | $1,494,465 | ||
F.T.E.
|
26.0 | |||||
(10) | Patrick Henry Brady Academy | |||||
Personal Services
|
$1,393,073 | $0 | $0 | $1,393,073 | ||
Operating Expenses
|
$90,615 | $0 | $14,280 | $104,895 | ||
Total
|
$1,483,688 | $0 | $14,280 | $1,497,968 | ||
F.T.E.
|
26.0 | |||||
(11) | State Treatment and Rehabilitation Academy | |||||
Personal Services
|
$2,390,461 | $0 | $0 | $2,390,461 | ||
Operating Expenses
|
$2,368,643 | $686,345 | $156,000 | $3,210,988 | ||
Total
|
$4,759,104 | $686,345 | $156,000 | $5,601,449 | ||
F.T.E.
|
44.7 | |||||
(12) | QUEST and ExCEL | |||||
Personal Services
|
$1,483,471 | $0 | $1,059 | $1,484,530 | ||
Operating Expenses
|
$110,446 | $0 | $22,251 | $132,697 | ||
Total
|
$1,593,917 | $0 | $23,310 | $1,617,227 | ||
F.T.E.
|
28.0 | |||||
(13) | DEPARTMENT TOTAL, CORRECTIONS | |||||
Personal Services
|
$42,587,235 | $457,898 | $2,882,195 | $45,927,328 | ||
Operating Expenses
|
$48,868,432 | $8,725,173 | $9,871,109 | $67,464,714 | ||
Total
|
$91,455,667 | $9,183,071 | $12,753,304 | $113,392,042 | ||
F.T.E.
|
874.2 | |||||
SECTION 18. DEPARTMENT OF HUMAN SERVICES
|
||||||
(1) | Administration, Secretary of Human Services | |||||
Personal Services
|
$547,858 | $477,184 | $0 | $1,025,042 | ||
Operating Expenses
|
$275,111 | $133,513 | $1,421 | $410,045 | ||
Total
|
$822,969 | $610,697 | $1,421 | $1,435,087 | ||
F.T.E.
|
16.0 | |||||
(2) | Developmental Disabilities | |||||
Personal Services
|
$658,190 | $609,326 | $0 | $1,267,516 | ||
Operating Expenses
|
$55,337,227 | $69,154,789 | $11,260,785 | $135,752,801 | ||
Total
|
$55,995,417 | $69,764,115 | $11,260,785 | $137,020,317 | ||
F.T.E.
|
20.5 | |||||
(3) | South Dakota Developmental Center--Redfield | |||||
Personal Services
|
$8,888,059 | $9,697,087 | $0 | $18,585,146 | ||
Operating Expenses
|
$2,333,049 | $2,588,160 | $792,145 | $5,713,354 | ||
Total
|
$11,221,108 | $12,285,247 | $792,145 | $24,298,500 | ||
F.T.E.
|
385.6 | |||||
(4) | Rehabilitation Services | |||||
Personal Services
|
$746,831 | $4,183,011 | $0 | $4,929,842 | ||
Operating Expenses
|
$3,570,772 | $11,255,701 | $1,423,424 | $16,249,897 | ||
Total
|
$4,317,603 | $15,438,712 | $1,423,424 | $21,179,739 | ||
F.T.E.
|
99.1 | |||||
(5) | Telecommunications Services for the Deaf | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $1,251,680 | $1,251,680 | ||
Total
|
$0 | $0 | $1,251,680 | $1,251,680 | ||
F.T.E.
|
0.0 | |||||
(6) | Services to the Blind and Visually Impaired | |||||
Personal Services
|
$452,549 | $1,096,048 | $163,851 | $1,712,448 | ||
Operating Expenses
|
$460,503 | $1,395,832 | $202,450 | $2,058,785 | ||
Total
|
$913,052 | $2,491,880 | $366,301 | $3,771,233 | ||
F.T.E.
|
29.2 | |||||
(7) | DEPARTMENT TOTAL, HUMAN SERVICES | |||||
Personal Services
|
$11,293,487 | $16,062,656 | $163,851 | $27,519,994 | ||
Operating Expenses
|
$61,976,662 | $84,527,995 | $14,931,905 | $161,436,562 | ||
Total
|
$73,270,149 | $100,590,651 | $15,095,756 | $188,956,556 | ||
F.T.E.
|
550.4 | |||||
SECTION 19. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
|
||||||
(1) | Financial and Technical Assistance | |||||
Personal Services
|
$1,903,789 | $1,369,533 | $759,322 | $4,032,644 | ||
Operating Expenses
|
$341,389 | $606,258 | $268,443 | $1,216,090 | ||
Total
|
$2,245,178 | $1,975,791 | $1,027,765 | $5,248,734 | ||
F.T.E.
|
56.5 | |||||
(2) | Environmental Services | |||||
Personal Services
|
$3,048,580 | $3,504,741 | $2,130,945 | $8,684,266 | ||
Operating Expenses
|
$559,378 | $2,071,221 | $844,988 | $3,475,587 | ||
Total
|
$3,607,958 | $5,575,962 | $2,975,933 | $12,159,853 | ||
F.T.E.
|
119.0 | |||||
(3) | Regulated Response Fund--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $1,750,002 | $1,750,002 | ||
Total
|
$0 | $0 | $1,750,002 | $1,750,002 | ||
F.T.E.
|
0.0 | |||||
(4) | Livestock Cleanup Fund--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $765,000 | $765,000 | ||
Total
|
$0 | $0 | $765,000 | $765,000 | ||
F.T.E.
|
0.0 | |||||
(5) | Petroleum Release Compensation | |||||
Personal Services
|
$0 | $0 | $365,319 | $365,319 | ||
Operating Expenses
|
$0 | $0 | $65,348 | $65,348 | ||
Total
|
$0 | $0 | $430,667 | $430,667 | ||
F.T.E.
|
5.0 | |||||
(6) | Petroleum Release Compensation--Informational | |||||
Personal Services
|
$0 | $0 | $0 | $0 | ||
Operating Expenses
|
$0 | $0 | $2,100,000 | $2,100,000 | ||
Total
|
$0 | $0 | $2,100,000 | $2,100,000 | ||
F.T.E.
|
0.0 | |||||
(7) | DEPARTMENT TOTAL, ENVIRONMENT AND NATURAL RESOURCES | |||||
Personal Services
|
$4,952,369 | $4,874,274 | $3,255,586 | $13,082,229 | ||
Operating Expenses
|
$900,767 | $2,677,479 | $5,793,781 | $9,372,027 | ||
Total
|
$5,853,136 | $7,551,753 | $9,049,367 | $22,454,256 | ||
F.T.E.
|
180.5 | |||||
SECTION 20. PUBLIC UTILITIES COMMISSION
|
||||||
(1) | Public Utilities Commission | |||||
Personal Services
|
$482,924 | $393,285 | $1,900,004 | $2,776,213 | ||
Operating Expenses
|
$52,322 | $146,124 | $1,524,366 | $1,722,812 | ||
Total
|
$535,246 | $539,409 | $3,424,370 | $4,499,025 | ||
F.T.E.
|
34.2 | |||||
(2) | DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION | |||||
Personal Services
|
$482,924 | $393,285 | $1,900,004 | $2,776,213 | ||
Operating Expenses
|
$52,322 | $146,124 | $1,524,366 | $1,722,812 | ||
Total
|
$535,246 | $539,409 | $3,424,370 | $4,499,025 | ||
F.T.E.
|
34.2 | |||||
SECTION 21. UNIFIED JUDICIAL SYSTEM
|
||||||
(1) | State Bar of South Dakota--Informational | |||||
Personal Services
|
$0 | $0 | $217,074 | $217,074 | ||
Operating Expenses
|
$0 | $0 | $334,689 | $334,689 | ||
Total
|
$0 | $0 | $551,763 | $551,763 | ||
F.T.E.
|
3.0 | |||||
(2) | Unified Judicial System | |||||
Personal Services
|
$33,975,824 | $324,145 | $2,366,377 | $36,666,346 | ||
Operating Expenses
|
$3,249,267 | $409,041 | $8,372,460 | $12,030,768 | ||
Total
|
$37,225,091 | $733,186 | $10,738,837 | $48,697,114 | ||
F.T.E.
|
561.4 | |||||
(3) | DEPARTMENT TOTAL, UNIFIED JUDICIAL SYSTEM | |||||
Personal Services
|
$33,975,824 | $324,145 | $2,583,451 | $36,883,420 | ||
Operating Expenses
|
$3,249,267 | $409,041 | $8,707,149 | $12,365,457 | ||
Total
|
$37,225,091 | $733,186 | $11,290,600 | $49,248,877 | ||
F.T.E.
|
564.4 | |||||
SECTION 22. LEGISLATURE
|
||||||
(1) | Legislative Operations | |||||
Appropriation
|
$5,597,326 | $0 | $35,000 | $5,632,326 | ||
F.T.E.
|
31.3 | |||||
(2) | Auditor General | |||||
Personal Services
|
$2,940,068 | $0 | $0 | $2,940,068 | ||
Operating Expenses
|
$326,201 | $0 | $0 | $326,201 | ||
Total
|
$3,266,269 | $0 | $0 | $3,266,269 | ||
F.T.E.
|
39.0 | |||||
(3) | DEPARTMENT TOTAL, LEGISLATURE | |||||
Personal Services
|
$2,940,068 | $0 | $0 | $2,940,068 | ||
Operating Expenses
|
$326,201 | $0 | $0 | $326,201 | ||
Legislative Operations
Appropriation
|
$5,597,326 | $0 | $35,000 | $5,632,326 | ||
TOTAL
|
$8,863,595 | $0 | $35,000 | $8,898,595 | ||
F.T.E.
|
70.3 | |||||
SECTION 23. ATTORNEY GENERAL
|
||||||
(1) | Legal Services Program | |||||
Personal Services
|
$3,845,311 | $430,527 | $1,260,847 | $5,536,685 | ||
Operating Expenses
|
$523,344 | $528,546 | $1,044,931 | $2,096,821 | ||
Total
|
$4,368,655 | $959,073 | $2,305,778 | $7,633,506 | ||
F.T.E.
|
67.0 | |||||
(2) | Criminal Investigation | |||||
Personal Services
|
$3,586,543 | $1,141,432 | $2,222,952 | $6,950,927 | ||
Operating Expenses
|
$1,144,310 | $2,091,891 | $2,790,433 | $6,026,634 | ||
Total
|
$4,730,853 | $3,233,323 | $5,013,385 | $12,977,561 | ||
F.T.E.
|
93.5 | |||||
(3) | Law Enforcement Training | |||||
Personal Services
|
$0 | $0 | $742,423 | $742,423 | ||
Operating Expenses
|
$368,519 | $0 | $989,707 | $1,358,226 | ||
Total
|
$368,519 | $0 | $1,732,130 | $2,100,649 | ||
F.T.E.
|
11.5 | |||||
(4) | 911 Training | |||||
Personal Services
|
$0 | $0 | $116,074 | $116,074 | ||
Operating Expenses
|
$0 | $0 | $97,764 | $97,764 | ||
Total
|
$0 | $0 | $213,838 | $213,838 | ||
F.T.E.
|
2.0 | |||||
(5) | Insurance Fraud Unit--Informational | |||||
Personal Services
|
$0 | $0 | $172,779 | $172,779 | ||
Operating Expenses
|
$0 | $0 | $70,492 | $70,492 | ||
Total
|
$0 | $0 | $243,271 | $243,271 | ||
F.T.E.
|
3.0 | |||||
(6) | DEPARTMENT TOTAL, ATTORNEY GENERAL | |||||
Personal Services
|
$7,431,854 | $1,571,959 | $4,515,075 | $13,518,888 | ||
Operating Expenses
|
$2,036,173 | $2,620,437 | $4,993,327 | $9,649,937 | ||
Total
|
$9,468,027 | $4,192,396 | $9,508,402 | $23,168,825 | ||
F.T.E.
|
177.0 | |||||
SECTION 24. SCHOOL AND PUBLIC LANDS
|
||||||
(1) | Administration of School and Public Lands | |||||
Personal Services
|
$407,103 | $0 | $0 | $407,103 | ||
Operating Expenses
|
$108,853 | $0 | $325,000 | $433,853 | ||
Total
|
$515,956 | $0 | $325,000 | $840,956 | ||
F.T.E.
|
6.0 | |||||
(2) | DEPARTMENT TOTAL, SCHOOL AND PUBLIC LANDS | |||||
Personal Services
|
$407,103 | $0 | $0 | $407,103 | ||
Operating Expenses
|
$108,853 | $0 | $325,000 | $433,853 | ||
Total
|
$515,956 | $0 | $325,000 | $840,956 | ||
F.T.E.
|
6.0 | |||||
SECTION 25. SECRETARY OF STATE
|
||||||
(1) | Secretary of State | |||||
Personal Services
|
$667,221 | $102,433 | $153,939 | $923,593 | ||
Operating Expenses
|
$260,446 | $3,039,818 | $316,182 | $3,616,446 | ||
Total
|
$927,667 | $3,142,251 | $470,121 | $4,540,039 | ||
F.T.E.
|
15.6 | |||||
(2) | DEPARTMENT TOTAL, SECRETARY OF STATE | |||||
Personal Services
|
$667,221 | $102,433 | $153,939 | $923,593 | ||
Operating Expenses
|
$260,446 | $3,039,818 | $316,182 | $3,616,446 | ||
Total
|
$927,667 | $3,142,251 | $470,121 | $4,540,039 | ||
F.T.E.
|
15.6 | |||||
SECTION 26. STATE TREASURER
|
||||||
(1) | Treasury Management | |||||
Personal Services
|
$363,169 | $0 | $0 | $363,169 | ||
Operating Expenses
|
$141,932 | $0 | $0 | $141,932 | ||
Total
|
$505,101 | $0 | $0 | $505,101 | ||
F.T.E.
|
5.2 | |||||
(2) | Unclaimed Property--Informational | |||||
Personal Services
|
$0 | $0 | $256,614 | $256,614 | ||
Operating Expenses
|
$0 | $0 | $4,026,083 | $4,026,083 | ||
Total
|
$0 | $0 | $4,282,697 | $4,282,697 | ||
F.T.E.
|
3.8 | |||||
(3) | Investment of State Funds | |||||
Personal Services
|
$0 | $0 | $5,274,244 | $5,274,244 | ||
Operating Expenses
|
$0 | $0 | $1,696,608 | $1,696,608 | ||
Total
|
$0 | $0 | $6,970,852 | $6,970,852 | ||
F.T.E.
|
30.0 | |||||
(4) | Performance Based Compensation | |||||
Personal Services
|
$0 | $0 | $8,334,651 | $8,334,651 | ||
Operating Expenses
|
$0 | $0 | $0 | $0 | ||
Total
|
$0 | $0 | $8,334,651 | $8,334,651 | ||
F.T.E.
|
0.0 | |||||
(5) | DEPARTMENT TOTAL, STATE TREASURER | |||||
Personal Services
|
$363,169 | $0 | $13,865,509 | $14,228,678 | ||
Operating Expenses
|
$141,932 | $0 | $5,722,691 | $5,864,623 | ||
Total
|
$505,101 | $0 | $19,588,200 | $20,093,301 | ||
F.T.E.
|
39.0 | |||||
SECTION 27. STATE AUDITOR
|
||||||
(1) | State Auditor | |||||
Personal Services
|
$1,019,217 | $0 | $0 | $1,019,217 | ||
Operating Expenses
|
$132,763 | $0 | $100,000 | $232,763 | ||
Total
|
$1,151,980 | $0 | $100,000 | $1,251,980 | ||
F.T.E.
|
16.0 | |||||
(2) | DEPARTMENT TOTAL, STATE AUDITOR | |||||
Personal Services
|
$1,019,217 | $0 | $0 | $1,019,217 | ||
Operating Expenses
|
$132,763 | $0 | $100,000 | $232,763 | ||
Total
|
$1,151,980 | $0 | $100,000 | $1,251,980 | ||
F.T.E.
|
16.0 | |||||
SECTION 28. STATE TOTAL
|
||||||
(1) | Personal Services | $363,497,764 | $204,640,039 | $445,656,578 | $1,013,794,381 | |
Operating Expenses
|
$1,019,861,500 | $1,482,327,743 | $737,707,745 | $3,239,896,988 | ||
Single Line Item
Appropriation
|
$5,597,326 | $0 | $35,000 | $5,632,326 | ||
TOTAL
|
$1,388,956,590 | $1,686,967,782 | $1,183,399,323 | $4,259,323,695 | ||
F.T.E.
|
13,947.0 |
From the state highway fund: | |
Radio Communications Operations | $2,993,936 |
Governor's Office Operations | $102,319 |
From the game, fish and parks fund: | |
Radio Communications Operations | $483,992 |
From the game, fish and parks administrative revolving fund: | |
Governor's Office Operations | $17,228 |
From the motor vehicle fund: | |
Radio Communications Operations | $549,268 |
of chapter 3-9. The salary or per diem compensation for members of state boards, councils,
commissions, and advisory bodies for their work in actual performance of their duties or
responsibilities is as follows:
PER DIEM PAYABLE | |
FISCAL YEARS 2015 & 2016 | |
BOARDS, COMMITTEES, COUNCILS, AND COMMISSIONS | |
EXECUTIVE MANAGEMENT | |
Building Authority of SD | $60 |
Capitol Complex Restoration and Beautification Commission | $ 0 |
Civil Service Commission | $60 |
Council of Economic Advisors | $ 0 |
Economic Development, Board of | $60 |
Economic Development Finance Authority | $ 0 |
Educational Telecommunications, Board of Directors for | $60 |
Housing Development Authority | $75 |
Health and Education Facilities Authority | $ 0 |
Personnel Management Advisory Board | $ 0 |
Records Destruction Board | $ 0 |
Research and Commercialization Council | $ 0 |
Risk Pool Advisory Board | $ 0 |
Risk Pool Governing Board | $ 0 |
Science and Technology Authority, Board of | $75 |
SD Energy Infrastructure Authority | $60 |
SD Ellsworth Authority | $ 0 |
SD State Radio | $ 0 |
AGRICULTURE | |
American Dairy Association of SD | $60 |
Animal Industry Board | $60 |
Brand Board | $60 |
Corn Utilization Council | $60 |
Oilseeds Council | $60 |
SD Pulse Crops Council | $60 |
Soybean Research and Promotion Council | $60 |
State Conservation Commission | $60 |
State Fair Commission | $75 |
Value Added Finance Authority | $60 |
Veterinary Medical Examiners, Board of | $60 |
Weed and Pest Control Commission | $60 |
Wheat Commission | $60 |
TOURISM | |
Arts Council | $60 |
Historical Society Trustees, Board of | $60 |
Tourism, Board of | $60 |
GAME, FISH, AND PARKS | |
Game, Fish, and Parks Commission | $75 |
Governor's Commission on Ft. Sisseton | $ 0 |
SD Recreation Trail Advisory Board | $ 0 |
SD Snowmobile Advisory Council | $ 0 |
Boundary Waters Commission - SD - MN | $ 0 |
REVENUE | |
Gaming, Commission on | $75 |
SD Lottery Commission | $75 |
TRIBAL RELATIONS | |
SD Geographic Names, Board of | $ 0 |
SOCIAL SERVICES | |
Aging, Advisory Council on | $60 |
Board of Addiction and Prevention Professionals | $60 |
Counselor Examiners, Board of | $60 |
Human Services Center Advisory Board | $ 0 |
Medical Advisory Committee | $ 0 |
Pharmaceutical and Therapeutics Committee | $60 |
Psychology Examiners, Board of | $60 |
Social Workers Examiners, Board of | $60 |
Victims' Compensation Board | $60 |
Behavioral Health Advisory Committee | $ 0 |
Visitation Grant Advisory Group | $ 0 |
Commission on Child Support | $ 0 |
HEALTH | |
AIDS Program Review Panel | $ 0 |
Chiropractic Examiners, Board of | $60 |
Colorectal Cancer Screening Grant Medical Advisory Committee | $ 0 |
Community Transformation Leadership Team | $ 0 |
Comprehensive Cancer Control Steering Committee | $ 0 |
Dentistry, Board of | $60 |
Funeral Services, State Board of | $60 |
Health Link Advisory Committee | $ 0 |
Healthcare-Associated Infection Advisory Group | $ 0 |
Hearing Aid Dispensers, Board of | $60 |
HIV Community Planning Workgroup | $ 0 |
HIV Media Review Committee | $ 0 |
HIV Prevention Planning Workgroup | $ 0 |
Massage Therapy, Board of | $60 |
Medical and Osteopathic Examiners, State Board of | $60 |
Nursing, Board of | $60 |
Nursing Home Administrators, Board of | $60 |
Optometry, Board of Examiners | $60 |
Pharmacy, Board of | $60 |
PHHS Block Grant Advisory Committee | $ 0 |
Podiatry Examiners, Board of | $60 |
Rape Prevention and Education Grant Advisory Committee | $ 0 |
Ryan White Care Council | $ 0 |
Tobacco Prevention Advisory Committee | $ 0 |
PUBLIC SAFETY | |
SD Homeland Security Senior Advisory Committee | $ 0 |
SD 9-1-1 Coordination Board | $ 0 |
Transportation Commission, State | $75 |
TRANSPORTATION | |
Aeronautics Commission | $60 |
Railroad Authority, SD | $60 |
Railroad Board, SD | $60 |
EDUCATION | |
Advisory Council on Certification | $ 0 |
Advisory Panel for Children with Disabilities | $ 0 |
Education, State Board of | $75 |
Extraordinary Cost Oversight Board | $60 |
Headstart Advisory Group | $ 0 |
Native American Advisory Council | $ 0 |
Practitioners, Committee of | $ 0 |
Professional Administrators Practices and Standards Commission | $60 |
Professional Practices and Standards Commission | $60 |
Richard Hagen-Minerva Harvey Memorial Scholarship Board | $ 0 |
SD Interagency Coordinating Council | $ 0 |
State Library Board | $60 |
Superintendent Advisory Committee | $ 0 |
Teacher's Compensation Assistance Program Oversight Board | $ 0 |
Title III Coordinators Advisory Panel | $ 0 |
Virtual High School Advisory | $ 0 |
LABOR AND REGULATION | |
Abstractors Board of Examiners | $60 |
Accountancy, SD Board of | $60 |
Appraiser Certification Program Advisory Council | $ 0 |
Banking Commission, State | $60 |
Barber Examiners, Board of | $60 |
Cosmetology Commission | $60 |
Department of Labor Employees Retirement Board | $60 |
Electrical Commission, State | $60 |
Human Rights, Commission on | $60 |
Plumbing Commission | $60 |
Real Estate Commission | $60 |
SD Retirement System Board of Trustees | $75 |
SD Work Force Development Council | $60 |
State Workers' Compensation Advisory Council | $ 0 |
Technical Professions, Board of | $60 |
Unemployment Insurance Advisory Council | $60 |
SD Athletic Commission | $60 |
REGENTS | |
Regents, Board of | $75 |
MILITARY | |
Military Affairs, Board of | $60 |
VETERANS AFFAIRS | |
Veterans' Commission | $60 |
CORRECTIONS | |
Corrections Commission | $ 0 |
Council of Juvenile Services | $ 0 |
Pardons and Paroles, Board of | $75 |
Governor's Reentry Council | $ 0 |
HUMAN SERVICES | |
Blind Vendors Committee | $ 0 |
Family Support Council | $60 |
Planning Council on Developmental Disabilities | $ 0 |
Services to the Blind and Visually Impaired, Board of | $60 |
Spinal Cord/Traumatic Brain Injury Council | $ 0 |
State Council for Independent Living | $ 0 |
Vocational Rehabilitation, Board of/Governor's Advisory | |
Committee on Employment of People with Disabilities | $60 |
ENVIRONMENT AND NATURAL RESOURCES | |
Emergency Response Commission | $ 0 |
Minerals and Environment, Board of | $75 |
Operator Certification Board | $ 0 |
Petroleum Release Compensation Board | $60 |
Small Business Clean Air Compliance Advisory Panel | $ 0 |
Water and Natural Resources, Board of | $60 |
Water Management Board | $60 |
UNIFIED JUDICIAL SYSTEM | |
Court Appointed Special Advocate Commission | $60 |
Judicial Qualifications Commission | $60 |
LEGISLATIVE | |
Appropriations | $129 |
Code Commission | $129 |
Government Operations and Audits | $129 |
Intergovernmental Cooperation Commission (Executive Board) | $129 |
Interim Rules Review | $129 |
Joint Bonding Review Committee (Executive Board) | $129 |
Legislative Research Council (Executive Board) | $129 |
Legislative Procedure | $129 |
Retirement Laws Committee | $129 |
State-Tribal Relations Committee | $129 |
Water Development Oversight Committee | $129 |
ATTORNEY GENERAL | |
Law Enforcement Officers Standards Commission | $60 |
Open Meeting Commission | $60 |
PUBLIC UTILITIES COMMISSION | |
One Call Notification Board | $ 0 |
STATE AUDITOR | |
Commission on Equal Access to Our Courts | $0 |
STATE TREASURER | |
Investment Council | $75 |
Public Deposit Protection Commission | $ 0 |
SECRETARY OF STATE | |
Elections, State Board of | $60 |
Finance, Board of | $ 0 |
(SB 157)
Appropriation to the building South Dakota fund.
Section 1. There is hereby appropriated from the general fund the sum of thirty million dollars
($30,000,000), or so much thereof as may be necessary, to the building South Dakota fund.
Section 2. Subject to the purposes listed in subdivisions 1-16G-48(1) to (5), inclusive, no more than ten million dollars from the money appropriated in section 1 of this Act may be dispersed from
the building South Dakota fund in any one fiscal year.
Section 3. The commissioner of finance and management shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 158)
Funding changed for the building South Dakota fund.
Section 1. That § 1-16G-47 be amended to read as follows:
1-16G-47. There is hereby created the building South Dakota fund for the purpose of building
and reinvesting in South Dakota's economy and to create high quality jobs. Any money in the
building South Dakota fund is continuously appropriated to the Bureau of Finance and Management.
The state may accept and expend for the purposes of this chapter any funds obtained from
appropriations or any other source. Interest earned on money in the fund shall be deposited into the
fund.
Section 4. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1104)
Local government may require the payment
for goods and services by electronic transaction.
Section 1. That § 4-3-27 be amended to read as follows:
4-3-27. Notwithstanding any other provision of law, local government officials and employees
may be permitted to use a credit card or electronic payment for the purchase of materials, supplies,
equipment, or other authorized transactions for the benefit of the local government entity. Before
authorizing the use of a credit card or electronic payment, the governing body shall, by resolution,
establish policies providing for the use and accountability of credit card purchases or electronic
transactions. However, no local governing body may mandate that the recipient of the payment for
goods or services, other than payroll, shall accept payment by electronic transaction.
(HB 1203)
Financial practices improved for the State of South Dakota.
Section 1. That chapter 4-8 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as
follows:
(SB 9)
Interim appropriations committee
may hold hearings on the Governor's budget report.
Section 1. That § 4-8A-3 be amended to read as follows:
4-8A-3. The special committee shall serve to release sums of money from any general
contingency funds appropriated for contingent purposes by the general appropriation act or any
special act. The special committee shall also serve to continually review, evaluate, and coordinate
state fiscal and budgetary policy including, but not limited to, the adoption of any new programs by
any department of state government and shall also carry out any assignments made by the Executive
Board of the Legislative Research Council.
(SB 84)
Update statutes relating to notification of certain budget transfers.
Section 1. That § 4-8A-8 be amended to read as follows:
4-8A-8. Moneys appropriated on a program basis by the General Appropriation Act may be
transferred between program accounts within or between programs within departments and bureaus
or between departments and bureaus to reflect a reorganization pursuant to Article IV, section 8 of
the South Dakota Constitution only at the written request of a governing body, department secretary,
or bureau commissioner, or designee, in accordance with procedures established by the Bureau of
Finance and Management and only upon written approval of the Bureau of Finance and
Management. Transfer of moneys appropriated by the General Appropriations Act between
departments, institutions, and bureaus that is not necessary for a reorganization pursuant to Article
IV, section 8 of the South Dakota Constitution may only occur at the written request of a governing
body, department secretary, or bureau commissioner, or designee, only in accordance with
procedures established by the Bureau of Finance and Management and only upon approval by the
special committee created in this chapter. The Bureau of Finance and Management shall keep a
record of all such authorizations of transfers and make them available for public inspection. The
bureau shall also submit an informational report detailing all transfers approved Immediately after
the transfer of moneys authorized by this section is approved, the bureau shall transmit an
authorization notice to the special legislative committee established in § 4-8A-2 and its designees.
(HB 1034)
Dam maintenance repair funding from 2012 revised.
Section 1. That chapter 30 of the 2012 Session Laws be amended by adding thereto a NEW
SECTION to read as follows:
Section 2. The provisions in section 1 of this Act expire on June 30, 2016.
Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 27)
Appropriation to the State Conservation Commission.
Section 1. There is hereby appropriated from the coordinated natural resources conservation fund
the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, in
accordance with subdivision 10-47B-149(5), to the State Conservation Commission.
Section 2. The State Conservation Commission shall approve vouchers and the state auditor shall
draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30,
2015, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1039)
General Appropriations Act for fiscal year 2013 revised.
Section 1. That chapter 26 of the 2013 Session Laws be amended by adding thereto a NEW
SECTION to read as follows:
Section 3. That chapter 26 of the 2013 Session Laws be amended by adding thereto a NEW
SECTION to read as follows:
Section 4. This Act is effective June 30, 2014.
(HB 1040)
General Appropriations Act for fiscal year 2014 revised.
Section 1. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(1) Office of the Governor
Personal Services, General Funds, delete "$1,698,260" and insert "$1,716,049"
Operating Expenses, General Funds, delete "$388,799" and insert "$400,780"
Adjust all totals accordingly.
Section 2. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(3) Governor's Office of Economic Development
Personal Services, General Funds, delete "$1,527,617" and insert "$1,541,166"
Personal Services, Federal Funds, delete "$481,408" and insert "$503,866"
Personal Services, Other Funds, delete "$534,811" and insert "$594,976"
Operating Expenses, General Funds, delete "$838,550" and insert "$844,937"
Operating Expenses, Other Funds, delete "$20,921,086" and insert "$20,922,656"
Adjust all totals accordingly.
Section 3. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(4) Office of Research Commerce
Personal Services, General Funds, delete "$161,265" and insert "$165,335"
Adjust all totals accordingly.
Section 4. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(10) Bureau of Finance and Management (BFM)
Personal Services, General Funds, delete "$565,850" and insert "$576,634"
Personal Services, Other Funds, delete "$1,719,059" and insert "$1,757,115"
Operating Expenses, General Funds, delete "$247,339" and insert "$248,859"
Operating Expenses, Other Funds, delete "$2,146,615" and insert "$2,208,044"
F.T.E., delete "30.0" and insert "30.5"
Adjust all totals accordingly.
Section 5. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(15) Health & Education Facilities Authority--Informational
Personal Services, Other Funds, delete "$367,807" and insert "$380,017"
Adjust all totals accordingly.
Section 6. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(18) Administrative Services, Bureau of Administration (BOA)
Personal Services, Other Funds, delete "$337,449" and insert "$350,324"
Operating Expenses, Other Funds, delete "$106,731" and insert "$107,526"
Adjust all totals accordingly.
DEPARTMENT OF EXECUTIVE MANAGEMENT
(20) Central Services
Personal Services, General Funds, delete "$161,349" and insert "$167,618"
Personal Services, Other Funds, delete "$5,896,804" and insert "$6,125,093"
Operating Expenses, Other Funds, delete "$15,398,944" and insert "$15,404,066"
Adjust all totals accordingly.
Section 8. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(21) State Engineer
Personal Services, Other Funds, delete "$909,736" and insert "$945,148"
Operating Expenses, Other Funds, delete "$215,136" and insert "$217,182"
Adjust all totals accordingly.
Section 9. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(23) Office of Hearing Examiners
Personal Services, General Funds, delete "$223,360" and insert "$232,109"
Operating Expenses, General Funds, delete "$67,343" and insert "$68,494"
Adjust all totals accordingly.
Section 10. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(24) PEPL Fund Administration--Informational
Personal Services, Other Funds, delete "$356,191" and insert "$369,847"
Operating Expenses, Other Funds, delete "$1,827,644" and insert "$1,828,530"
Adjust all totals accordingly.
Section 11. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
Personal Services, Other Funds, delete "$3,955,162" and insert "$4,071,332"
Operating Expenses, Other Funds, delete "$4,168,309" and insert "$4,224,995"
Adjust all totals accordingly.
Section 12. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(27) Development
Personal Services, Other Funds, delete "$8,594,465" and insert "$8,847,162"
Operating Expenses, Federal Funds, delete "$120,115" and insert "$141,253"
Operating Expenses, Other Funds, delete "$1,435,613" and insert "$1,481,684"
Adjust all totals accordingly.
Section 13. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(28) Telecommunications Services
Personal Services, Federal Funds, delete "$516,634" and insert "$525,607"
Personal Services, Other Funds, delete "$5,985,139" and insert "$6,159,854"
Operating Expenses, Federal Funds, delete "$1,503,640" and insert "$1,508,377"
Operating Expenses, Other Funds, delete "$9,312,731" and insert "$9,350,769"
Adjust all totals accordingly.
Section 14. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(29) South Dakota Public Broadcasting
Personal Services, General Funds, delete "$2,365,180" and insert "$2,429,899"
Personal Services, Other Funds, delete "$755,284" and insert "$776,725"
Operating Expenses, General Funds, delete "$1,219,688" and insert "$1,226,808"
Operating Expenses, Other Funds, delete "$2,688,687" and insert "$2,705,923"
Adjust all totals accordingly.
DEPARTMENT OF EXECUTIVE MANAGEMENT
(30) BIT Administration
Personal Services, Other Funds, delete "$1,328,469" and insert "$1,367,518"
Operating Expenses, Other Funds, delete "$197,170" and insert "$205,674"
Adjust all totals accordingly.
Section 16. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(31) State Radio Engineering
Personal Services, General Funds, delete "$591,961" and insert "$608,133"
Operating Expenses, General Funds, delete "$2,132,715" and insert "$2,137,152"
Operating Expenses, Other Funds, delete "$705,569" and insert "$761,279"
Adjust all totals accordingly.
Section 17. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(32) Personnel Management and Employee Benefits (BHR)
Personal Services, General Funds, delete "$184,494" and insert "$191,201"
Personal Services, Other Funds, delete "$3,723,936" and insert "$3,863,749"
Operating Expenses, General Funds, delete "$57,250" and insert "$58,511"
Operating Expenses, Other Funds, delete "$1,774,019" and insert "$1,809,491"
Adjust all totals accordingly.
Section 18. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE
(1) Administration, Secretary of Revenue
Personal Services, Other Funds, delete "$2,281,202" and insert "$2,342,992"
Operating Expenses, Other Funds, delete "$1,440,277" and insert "$1,454,459"
Section 19. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE
(2) Business Tax
Personal Services, Other Funds, delete "$2,518,587" and insert "$2,628,272"
Operating Expenses, Other Funds, delete "$879,856" and insert "$881,816"
Adjust all totals accordingly.
Section 20. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE
(3) Motor Vehicles
Personal Services, Other Funds, delete "$2,010,150" and insert "$2,082,088"
Operating Expenses, Other Funds, delete "$3,255,891" and insert "$3,268,656"
Adjust all totals accordingly.
Section 21. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE
(4) Property and Special Taxes
Personal Services, General Funds, delete "$812,702" and insert "$841,530"
Operating Expenses, General Funds, delete "$257,172" and insert "$295,114"
Adjust all totals accordingly.
Section 22. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE
(5) Audits
Personal Services, Other Funds, delete "$3,309,694" and insert "$3,430,291"
Operating Expenses, Other Funds, delete "$562,262" and insert "$563,825"
Adjust all totals accordingly.
Section 23. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as follows:
(6) Instant and On-line Operation--Informational
Personal Services, Other Funds, delete "$1,215,562" and insert "$1,259,014"
Operating Expenses, Other Funds, delete "$29,208,582" and insert "$29,213,622"
Adjust all totals accordingly.
Section 24. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE
(7) Video Lottery
Personal Services, Other Funds, delete "$513,090" and insert "$533,179"
Operating Expenses, Other Funds, delete "$1,998,922" and insert "$2,000,528"
Adjust all totals accordingly.
Section 25. That section 3 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF REVENUE
(8) Commission on Gaming--Informational
Personal Services, Other Funds, delete "$896,401" and insert "$928,422"
Operating Expenses, Other Funds, delete "$9,604,640" and insert "$9,605,252"
Adjust all totals accordingly.
Section 26. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(1) Administration, Secretary of Agriculture
Personal Services, General Funds, delete "$592,654" and insert "$611,726"
Personal Services, Federal Funds, delete "$38,149" and insert "$39,287"
Personal Services, Other Funds, delete "$68,493" and insert "$70,418"
Operating Expenses, General Funds, delete "$173,742" and insert "$176,065"
Adjust all totals accordingly.
Section 27. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
(2) Agricultural Services and Assistance
Personal Services, General Funds, delete "$1,211,455" and insert "$1,250,329"
Personal Services, Federal Funds, delete "$1,695,930" and insert "$1,746,680"
Personal Services, Other Funds, delete "$999,212" and insert "$1,027,471"
Operating Expenses, General Funds, delete "$549,976" and insert "$553,537"
Operating Expenses, Federal Funds, delete "$2,404,529" and insert "$2,408,285"
Operating Expenses, Other Funds, delete "$1,961,580" and insert "$1,964,491"
Adjust all totals accordingly.
Section 28. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(3) Agricultural Development and Promotion
Personal Services, General Funds, delete "$778,613" and insert "$803,652"
Personal Services, Federal Funds, delete "$410,540" and insert "$422,902"
Personal Services, Other Funds, delete "$444,837" and insert "$457,426"
Operating Expenses, General Funds, delete "$319,609" and insert "$322,843"
Operating Expenses, Federal Funds, delete "$1,235,479" and insert "$1,236,655"
Operating Expenses, Other Funds, delete "$899,526" and insert "$902,271"
Adjust all totals accordingly.
Section 29. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(4) Animal Industry Board
Personal Services, General Funds, delete "$1,515,340" and insert "$1,564,200"
Personal Services, Federal Funds, delete "$943,244" and insert "$971,467"
Personal Services, Other Funds, delete "$120,326" and insert "$123,681"
Operating Expenses, General Funds, delete "$297,942" and insert "$299,510"
Operating Expenses, Federal Funds, delete "$820,287" and insert "$821,388"
Adjust all totals accordingly.
Section 30. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(6) Wheat Commission--Informational
Personal Services, Other Funds, delete "$209,328" and insert "$215,255"
Adjust all totals accordingly.
Section 31. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(8) Soybean Research and Promotion Council--Informational
Personal Services, Other Funds, delete "$404,591" and insert "$416,092"
Adjust all totals accordingly.
Section 32. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(9) Brand Board--Informational
Personal Services, Other Funds, delete "$1,326,854" and insert "$1,364,170"
Operating Expenses, Other Funds, delete "$470,512" and insert "$471,223"
Adjust all totals accordingly.
Section 33. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(10) Corn Utilization Council--Informational
Personal Services, Other Funds, delete "$132,177" and insert "$135,947"
Adjust all totals accordingly.
Section 34. That section 4 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF AGRICULTURE
(13) State Fair
Operating Expenses, General Funds, delete "$268,655" and insert "$269,469"
Operating Expenses, Other Funds, delete "$1,687,817" and insert "$1,689,590"
Adjust all totals accordingly.
Section 35. That section 5 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF TOURISM
(1) Tourism
Personal Services, Other Funds, delete "$1,458,351" and insert "$1,511,403"
Operating Expenses, Other Funds, delete "$11,646,534" and insert "$11,653,213"
Adjust all totals accordingly.
Section 36. That section 5 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF TOURISM
(2) Arts
Personal Services, Other Funds, delete "$219,306" and insert "$227,365"
Operating Expenses, Other Funds, delete "$571,700" and insert "$572,188"
Adjust all totals accordingly.
Section 37. That section 5 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF TOURISM
(3) History
Personal Services, General Funds, delete "$819,361" and insert "$849,263"
Personal Services, Federal Funds, delete "$343,381" and insert "$355,947"
Personal Services, Other Funds, delete "$1,124,888" and insert "$1,165,795"
Operating Expenses, General Funds, delete "$961,685" and insert "$989,931"
Operating Expenses, Federal Funds, delete "$538,569" and insert "$540,830"
Operating Expenses, Other Funds, delete "$1,488,044" and insert "$1,489,896"
Adjust all totals accordingly.
Section 38. That section 6 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF GAME, FISH AND PARKS
(1) Administration, Secretary of Game, Fish and Parks
Personal Services, General Funds, delete "$89,882" and insert "$93,051"
Personal Services, Other Funds, delete "$1,647,917" and insert "$1,701,363"
Operating Expenses, Other Funds, delete "$1,540,355" and insert "$1,550,116"
Adjust all totals accordingly.
Section 39. That section 6 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF GAME, FISH AND PARKS
(2) Wildlife--Informational
Personal Services, Federal Funds, delete "$3,359,306" and insert "$3,468,385"
Personal Services, Other Funds, delete "$12,144,726" and insert "$12,546,064"
Operating Expenses, Federal Funds, delete "$12,300,888" and insert "$12,300,928"
Operating Expenses, Other Funds, delete "$14,538,319" and insert "$14,559,577"
Adjust all totals accordingly.
Section 40. That section 6 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF GAME, FISH AND PARKS
(4) State Parks and Recreation
Personal Services, General Funds, delete "$2,270,245" and insert "$2,343,731"
Personal Services, Federal Funds, delete "$801,629" and insert "$827,473"
Personal Services, Other Funds, delete "$5,897,979" and insert "$6,089,413"
Operating Expenses, General Funds, delete "$1,147,895" and insert "$1,319,327"
Operating Expenses, Federal Funds, delete "$2,243,335" and insert "$2,243,624"
Operating Expenses, Other Funds, delete "$6,859,561" and insert "$6,865,043"
Adjust all totals accordingly.
Section 41. That section 6 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF GAME, FISH AND PARKS
Operating Expenses, General Funds, delete "$0" and insert "$47,000"
Adjust all totals accordingly.
Section 42. That section 6 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF GAME, FISH AND PARKS
(6) Snowmobile Trails--Informational
Personal Services, Other Funds, delete "$347,263" and insert "$358,411"
Operating Expenses, Other Funds, delete "$861,403" and insert "$861,505"
Adjust all totals accordingly.
Section 43. That section 7 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF TRIBAL RELATIONS
(1) Office of Tribal Relations
Personal Services, General Funds, delete "$311,320" and insert "$321,495"
Operating Expenses, General Funds, delete "$67,975" and insert "$70,323"
Adjust all totals accordingly.
Section 44. That section 8 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(1) Administration, Secretary of Social Services
Personal Services, General Funds, delete "$3,755,020" and insert "$3,895,538"
Personal Services, Federal Funds, delete "$4,893,512" and insert "$5,074,055"
Personal Services, Other Funds, delete "$9,195" and insert "$9,541"
Operating Expenses, General Funds, delete "$4,030,075" and insert "$4,245,370"
Operating Expenses, Federal Funds, delete "$14,982,765" and insert "$15,284,337"
Adjust all totals accordingly.
Section 45. That section 8 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
Personal Services, General Funds, delete "$6,878,091" and insert "$7,135,736"
Personal Services, Federal Funds, delete "$9,697,827" and insert "$10,055,335"
Personal Services, Other Funds, delete "$20,368" and insert "$21,148"
Operating Expenses, General Funds, delete "$15,573,214" and insert "$15,577,723"
Operating Expenses, Federal Funds, delete "$49,613,903" and insert "$49,620,884"
Adjust all totals accordingly.
Section 46. That section 8 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(3) Medical and Adult Services
Personal Services, General Funds, delete "$2,662,274" and insert "$2,761,775"
Personal Services, Federal Funds, delete "$5,608,740" and insert "$5,815,626"
Personal Services, Other Funds, delete "$146,487" and insert "$152,076"
Operating Expenses, General Funds, delete "$288,135,008" and insert "$252,830,762"
Operating Expenses, Federal Funds, delete "$471,729,868" and insert "$430,686,298"
Operating Expenses, Other Funds, delete "$1,623,634" and insert "$1,623,909"
Adjust all totals accordingly.
Section 47. That section 8 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(4) Children's Services
Personal Services, General Funds, delete "$9,154,849" and insert "$9,528,733"
Personal Services, Federal Funds, delete "$8,506,086" and insert "$8,821,445"
Personal Services, Other Funds, delete "$1,467,830" and insert "$1,524,660"
Operating Expenses, General Funds, delete "$27,952,216" and insert "$27,958,928"
Operating Expenses, Federal Funds, delete "$40,881,853" and insert "$40,890,174"
Adjust all totals accordingly.
Section 48. That section 8 of chapter 25 of the 2013 Session Laws be amended to read as follows:
(5) Behavioral Health
Personal Services, General Funds, delete "$25,230,844" and insert "$26,174,296"
Personal Services, Federal Funds, delete "$9,189,225" and insert "$9,528,985"
Personal Services, Other Funds, delete "$1,282,638" and insert "$1,331,262"
Operating Expenses, General Funds, delete "$39,627,389" and insert "$39,792,925"
Operating Expenses, Federal Funds, delete "$27,588,038" and insert "$27,618,832"
Operating Expenses, Other Funds, delete "$1,370,629" and insert "$1,370,749"
Adjust all totals accordingly.
Section 49. That section 8 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(7) Board of Psychology Examiners--Informational
Operating Expenses, Other Funds, delete "$73,153" and insert "$73,160"
Adjust all totals accordingly.
Section 50. That section 8 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF SOCIAL SERVICES
(8) Board of Social Work Examiners--Informational
Operating Expenses, Other Funds, delete "$98,584" and insert "$98,602"
Adjust all totals accordingly.
Section 51. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(1) Administration, Secretary of Health
Personal Services, General Funds, delete "$623,320" and insert "$644,252"
Personal Services, Federal Funds, delete "$953,926" and insert "$985,712"
Personal Services, Other Funds, delete "$437,337" and insert "$452,069"
Operating Expenses, General Funds, delete "$519,318" and insert "$519,618"
Operating Expenses, Federal Funds, delete "$5,433,486" and insert "$5,434,436"
Adjust all totals accordingly.
Section 52. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(2) Health Systems Development and Regulation
Personal Services, General Funds, delete "$1,409,131" and insert "$1,456,775"
Personal Services, Federal Funds, delete "$2,972,097" and insert "$3,071,377"
Personal Services, Other Funds, delete "$11,155" and insert "$11,523"
Operating Expenses, General Funds, delete "$868,014" and insert "$869,326"
Operating Expenses, Federal Funds, delete "$8,183,820" and insert "$8,185,386"
Adjust all totals accordingly.
Section 53. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(3) Health and Medical Services
Personal Services, General Funds, delete "$1,666,049" and insert "$1,722,520"
Personal Services, Federal Funds, delete "$8,517,457" and insert "$8,802,604"
Personal Services, Other Funds, delete "$1,146,908" and insert "$1,185,845"
Operating Expenses, General Funds, delete "$2,105,093" and insert "$2,205,334"
Operating Expenses, Federal Funds, delete "$14,218,122" and insert "$14,220,434"
Operating Expenses, Other Funds, delete "$2,467,647" and insert "$2,467,833"
Adjust all totals accordingly.
Section 54. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(4) Laboratory Services
Personal Services, Federal Funds, delete "$483,634" and insert "$501,133"
Personal Services, Other Funds, delete "$1,301,403" and insert "$1,343,577"
Operating Expenses, Federal Funds, delete "$2,683,394" and insert "$2,685,399"
Adjust all totals accordingly.
Section 55. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(5) Correctional Health
Personal Services, Other Funds, delete "$5,704,633" and insert "$5,897,341"
Operating Expenses, Other Funds, delete "$9,700,743" and insert "$11,700,782"
Adjust all totals accordingly.
Section 56. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(6) Tobacco Prevention
Personal Services, Federal Funds, delete "$221,934" and insert "$229,357"
Operating Expenses, Federal Funds, delete "$1,351,105" and insert "$1,351,371"
Adjust all totals accordingly.
Section 57. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(12) Board of Nursing--Informational
Personal Services, Other Funds, delete "$571,279" and insert "$601,436"
Adjust all totals accordingly.
Section 58. That section 9 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HEALTH
(15) Board of Pharmacy--Informational
Personal Services, Federal Funds, delete "$62,052" and insert "$64,096"
Personal Services, Other Funds, delete "$377,011" and insert "$393,249"
Adjust all totals accordingly.
Section 59. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as follows:
(1) Administration, Secretary of Labor
Personal Services, Federal Funds, delete "$2,823,379" and insert "$2,923,933"
Personal Services, Other Funds, delete "$101,311" and insert "$106,260"
Operating Expenses, General Funds, delete "$280,000" and insert "$280,129"
Operating Expenses, Federal Funds, delete "$16,116,275" and insert "$16,155,685"
Operating Expenses, Other Funds, delete "$35,670" and insert "$35,838"
Adjust all totals accordingly.
Section 60. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(2) Unemployment Insurance Services
Personal Services, Federal Funds, delete "$4,457,858" and insert "$4,617,161"
Adjust all totals accordingly.
Section 61. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(3) Employment Services
Personal Services, Federal Funds, delete "$9,141,885" and insert "$9,468,673"
Operating Expenses, Federal Funds, delete "$1,551,866" and insert "$1,555,744"
Adjust all totals accordingly.
Section 62. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(4) State Labor Law Administration
Personal Services, General Funds, delete "$525,212" and insert "$543,874"
Personal Services, Federal Funds, delete "$341,645" and insert "$353,905"
Personal Services, Other Funds, delete "$210,354" and insert "$217,979"
Operating Expenses, General Funds, delete "$89,954" and insert "$90,686"
Operating Expenses, Federal Funds, delete "$72,302" and insert "$73,157"
Adjust all totals accordingly.
Section 63. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(5) Board of Accountancy--Informational
Personal Services, Other Funds, delete "$122,463" and insert "$126,907"
Operating Expenses, Other Funds, delete "$111,832" and insert "$112,023"
Adjust all totals accordingly.
Section 64. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(6) Board of Barber Examiners--Informational
Personal Services, Other Funds, delete "$2,261" and insert "$2,340"
Operating Expenses, Other Funds, delete "$26,423" and insert "$26,426"
Adjust all totals accordingly.
Section 65. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(7) Cosmetology Commission--Informational
Personal Services, Other Funds, delete "$137,789" and insert "$142,765"
Operating Expenses, Other Funds, delete "$95,894" and insert "$95,974"
Adjust all totals accordingly.
Section 66. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(8) Plumbing Commission--Informational
Personal Services, Other Funds, delete "$338,375" and insert "$350,598"
Operating Expenses, Other Funds, delete "$200,076" and insert "$200,242"
Adjust all totals accordingly.
DEPARTMENT OF LABOR AND REGULATION
(9) Board of Technical Professions--Informational
Personal Services, Other Funds, delete "$157,129" and insert "$162,753"
Operating Expenses, Other Funds, delete "$181,686" and insert "$181,979"
Adjust all totals accordingly.
Section 68. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(10) Electrical Commission--Informational
Personal Services, Other Funds, delete "$1,035,772" and insert "$1,072,669"
Operating Expenses, Other Funds, delete "$476,775" and insert "$478,061"
Adjust all totals accordingly.
Section 69. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(11) Real Estate Commission--Informational
Personal Services, Other Funds, delete "$297,500" and insert "$308,075"
Operating Expenses, Other Funds, delete "$229,280" and insert "$229,479"
Adjust all totals accordingly.
Section 70. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(12) Abstracters Board of Examiners--Informational
Personal Services, Other Funds, delete "$15,962" and insert "$16,781"
Operating Expenses, Other Funds, delete "$9,444" and insert "$9,445"
Adjust all totals accordingly.
Section 71. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
Personal Services, Other Funds, delete "$1,491,560" and insert "$1,551,074"
Operating Expenses, Other Funds, delete "$491,621" and insert "$492,660"
Adjust all totals accordingly.
Section 72. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(14) Securities
Personal Services, Other Funds, delete "$371,912" and insert "$385,151"
Operating Expenses, Other Funds, delete "$65,415" and insert "$65,994"
Adjust all totals accordingly.
Section 73. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(15) Insurance
Personal Services, Federal Funds, delete "$19,790" and insert "$20,490"
Personal Services, Other Funds, delete "$1,500,238" and insert "$1,557,665"
Operating Expenses, Other Funds, delete "$279,424" and insert "$282,265"
Adjust all totals accordingly.
Section 74. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(16) South Dakota Retirement System
Personal Services, Other Funds, delete "$2,049,351" and insert "$2,122,338"
Operating Expenses, Other Funds, delete "$1,677,466" and insert "$1,683,176"
Adjust all totals accordingly.
Section 75. That section 11 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF TRANSPORTATION
(1) General Operations
Personal Services, Federal Funds, delete "$9,954,191" and insert "$10,268,004"
Personal Services, Other Funds, delete "$49,794,531" and insert "$51,403,562"
Operating Expenses, Other Funds, delete "$86,020,257" and insert "$86,270,191"
Adjust all totals accordingly.
Section 76. That section 12 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(1) Administration, Secretary of Education
Personal Services, General Funds, delete "$1,276,392" and insert "$1,323,625"
Personal Services, Federal Funds, delete "$998,173" and insert "$1,030,878"
Personal Services, Other Funds, delete "$117,684" and insert "$119,194"
Operating Expenses, General Funds, delete "$456,356" and insert "$468,521"
Operating Expenses, Federal Funds, delete "$7,800,036" and insert "$7,811,217"
Operating Expenses, Other Funds, delete "$263,125" and insert "$266,162"
Adjust all totals accordingly.
Section 77. That section 12 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(2) State Aid to General Education
Operating Expenses, General Funds, delete "$330,295,934" and insert "$324,421,161"
Adjust all totals accordingly.
Section 78. That section 12 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(7) Technology in Schools
Operating Expenses, General Funds, delete "$6,883,786" and insert "$8,047,580"
Adjust all totals accordingly.
Section 79. That section 12 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
(8) Postsecondary Vocational Education
Operating Expenses, General Funds, delete $21,554,542" and insert "$21,654,542"
Section 80. That section 12 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(9) Education Resources
Personal Services, General Funds, delete "$1,342,896" and insert "$1,383,942"
Personal Services, Federal Funds, delete "$2,583,902" and insert "$2,665,803"
Personal Services, Other Funds, delete "$99,467" and insert "$105,746"
Operating Expenses, General Funds, delete "$5,965,643" and insert "$6,164,976"
Operating Expenses, Federal Funds, delete "$169,265,651" and insert "$169,287,132"
Operating Expenses, Other Funds, delete "$1,373,793" and insert "$1,378,769"
Adjust all totals accordingly.
Section 81. That section 12 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(10) State Library
Personal Services, General Funds, delete "$1,103,341" and insert "$1,140,715"
Personal Services, Federal Funds, delete "$323,803" and insert "$334,200"
Operating Expenses, General Funds, delete "$580,109" and insert "$591,639"
Operating Expenses, Federal Funds, delete "$878,890" and insert "$881,245"
Adjust all totals accordingly.
Section 82. That section 13 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF PUBLIC SAFETY
(1) Administration, Secretary of Public Safety
Personal Services, General Funds, delete "$109,012" and insert "$112,517"
Personal Services, Federal Funds, delete "$129,964" and insert "$134,177"
Personal Services, Other Funds, delete "$525,562" and insert "$542,709"
Operating Expenses, Other Funds, delete "$127,840" and insert "$129,862"
Adjust all totals accordingly.
Section 83. That section 13 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF PUBLIC SAFETY
(2) Highway Patrol
Personal Services, General Funds, delete "$1,105,604" and insert "$1,141,443"
Personal Services, Federal Funds, delete "$1,212,909" and insert "$1,257,344"
Personal Services, Other Funds, delete "$14,824,763" and insert "$15,290,508"
Operating Expenses, General Funds, delete "$111,011" and insert "$115,336"
Operating Expenses, Federal Funds, delete "$6,141,839" and insert "$6,146,851"
Operating Expenses, Other Funds, delete "$5,333,382" and insert "$5,359,471"
Adjust all totals accordingly.
Section 84. That section 13 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF PUBLIC SAFETY
(3) Emergency Services & Homeland Security
Personal Services, General Funds, delete "$1,096,486" and insert "$1,132,181"
Personal Services, Federal Funds, delete "$1,250,264" and insert "$1,291,042"
Personal Services, Other Funds, delete "$86,579" and insert "$89,615"
Operating Expenses, General Funds, delete "$419,575" and insert "$425,565"
Operating Expenses, Federal Funds, delete "$14,090,766" and insert "$14,106,573"
Operating Expenses, Other Funds, delete "$215,361" and insert "$216,243"
Adjust all totals accordingly.
Section 85. That section 13 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF PUBLIC SAFETY
(4) Legal and Regulatory Services
Personal Services, General Funds, delete "$58,540" and insert "$60,428"
Operating Expenses, General Funds, delete "$601,797" and insert "$601,962"
Operating Expenses, Federal Funds, delete "$91,843" and insert "$95,010"
Operating Expenses, Other Funds, delete "$2,919,405" and insert "$2,953,715"
Adjust all totals accordingly.
Section 86. That section 13 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF PUBLIC SAFETY
(5) 911 Coordination Board--Informational
Personal Services, Other Funds, delete "$100,000" and insert "$103,224"
Operating Expenses, Other Funds, delete "$4,794,535" and insert "$4,794,699"
Adjust all totals accordingly.
Section 87. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(1) Regents Central Office
Personal Services, General Funds, delete "$3,699,595" and insert "$6,386,478"
Personal Services, Federal Funds, delete "$50,000" and insert "$51,177"
Personal Services, Other Funds, delete "$1,865,139" and insert "$1,907,261"
Operating Expenses, General Funds, delete "$10,141,891" and insert "$10,789,595"
Operating Expenses, Federal Funds, delete "$1,174,276" and insert "$1,174,285"
Operating Expenses, Other Funds, delete "$39,802,090" and insert "$39,850,268"
Adjust all totals accordingly.
Section 88. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(2) South Dakota Scholarships
Operating Expenses, General Funds, delete "$4,391,166" and insert "$4,432,999"
Adjust all totals accordingly.
Section 89. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(5) University of South Dakota Proper
Personal Services, General Funds, delete "$28,306,287" and insert "$29,418,840"
Personal Services, Federal Funds, delete "$8,732,373" and insert "$8,892,690"
Personal Services, Other Funds, delete "$38,513,589" and insert "$39,529,888"
Operating Expenses, General Funds, delete "$2,899,367" and insert "$3,608,350"
Operating Expenses, Other Funds, delete "$34,761,316" and insert "$34,797,907"
Adjust all totals accordingly.
Section 90. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(6) University of South Dakota School of Medicine
Personal Services, General Funds, delete "$16,216,758" and insert "$16,669,582"
Personal Services, Federal Funds, delete "$8,499,070" and insert "$8,629,151"
Personal Services, Other Funds, delete "$11,820,762" and insert "$12,029,424"
Operating Expenses, General Funds, delete "$2,891,650" and insert "$2,891,671"
Adjust all totals accordingly.
Section 91. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(7) South Dakota State University Proper
Personal Services, General Funds, delete "$34,672,374" and insert "$36,140,386"
Personal Services, Federal Funds, delete "$13,720,299" and insert "$14,038,651"
Personal Services, Other Funds, delete "$76,732,524" and insert "$78,523,830"
Operating Expenses, General Funds, delete "$4,037,257" and insert "$4,192,643"
Operating Expenses, Other Funds, delete "$77,997,892" and insert "$78,054,995"
Adjust all totals accordingly.
Section 92. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as follows:
(8) Cooperative Extension Service
Personal Services, General Funds, delete "$7,326,014" and insert "$7,542,715"
Personal Services, Federal Funds, delete "$4,835,302" and insert "$4,947,831"
Personal Services, Other Funds, delete "$799,944" and insert "$827,528"
Adjust all totals accordingly.
Section 93. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(9) Agricultural Experiment Station
Personal Services, General Funds, delete "$10,494,783" and insert "$10,788,701"
Personal Services, Federal Funds, delete "$8,053,808" and insert "$8,240,052"
Personal Services, Other Funds, delete "$5,599,905" and insert "$5,730,410"
Adjust all totals accordingly.
Section 94. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(10) South Dakota School of Mines and Technology
Personal Services, General Funds, delete "$13,770,609" and insert "$14,227,586"
Personal Services, Federal Funds, delete "$14,700,000" and insert "$15,037,872"
Personal Services, Other Funds, delete "$17,033,634" and insert "$17,450,980"
Operating Expenses, General Funds, delete "$1,067,763" and insert "$1,049,208"
Operating Expenses, Other Funds, delete "$22,025,024" and insert "$22,039,212"
F.T.E., delete "378.8" and insert "406.1"
Adjust all totals accordingly.
Section 95. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(11) Northern State University
Personal Services, General Funds, delete "$10,566,955" and insert "$10,957,936"
Personal Services, Other Funds, delete "$13,550,697" and insert "$13,860,337"
Operating Expenses, General Funds, delete "$984,125" and insert "$1,130,101"
Operating Expenses, Other Funds, delete "$7,637,221" and insert "$7,648,574"
F.T.E., delete "344.5" and insert "348.5"
Adjust all totals accordingly.
Section 96. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(12) Black Hills State University
Personal Services, General Funds, delete "$7,169,536" and insert "$7,553,436"
Personal Services, Federal Funds, delete "$3,601,197" and insert "$3,684,808"
Personal Services, Other Funds, delete "$19,270,093" and insert "$19,708,072"
Operating Expenses, General Funds, delete "$610,254" and insert "$659,558"
Operating Expenses, Federal Funds, delete "$3,923,747" and insert "$3,923,818"
Operating Expenses, Other Funds, delete "$13,299,953" and insert "$13,307,136"
Adjust all totals accordingly.
Section 97. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(13) Dakota State University
Personal Services, General Funds, delete "$7,605,888" and insert "$7,916,253"
Personal Services, Federal Funds, delete "$2,741,020" and insert "$2,804,283"
Personal Services, Other Funds, delete "$12,516,869" and insert "$12,815,080"
Operating Expenses, General Funds, delete "$607,570" and insert "$637,454"
Operating Expenses, Other Funds, delete "$9,255,915" and insert "$9,263,508"
Adjust all totals accordingly.
Section 98. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
Personal Services, General Funds, delete "$1,457,143" and insert "$1,491,339"
Personal Services, Federal Funds, delete "$32,196" and insert "$32,941"
Operating Expenses, General Funds, delete "$1,136,161" and insert "$1,140,894"
Adjust all totals accordingly.
Section 99. That section 14 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(15) South Dakota School for the Blind and Visually Impaired
Personal Services, General Funds, delete "$2,362,926" and insert "$2,418,045"
Personal Services, Federal Funds, delete "$276,069" and insert "$282,427"
Operating Expenses, General Funds, delete "$220,097" and insert "$225,556"
Operating Expenses, Other Funds, delete "$337,124" and insert "$337,207"
Adjust all totals accordingly.
Section 100. That section 15 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF THE MILITARY
(1) Adjutant General
Personal Services, General Funds, delete "$425,389" and insert "$440,539"
Personal Services, Other Funds, delete "$16,772" and insert "$17,413"
Operating Expenses, General Funds, delete "$497,178" and insert "$498,504"
Adjust all totals accordingly.
Section 101. That section 15 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF THE MILITARY
(2) Army Guard
Personal Services, General Funds, delete "$273,789" and insert "$284,423"
Personal Services, Federal Funds, delete "$1,902,027" and insert "$1,983,784"
Operating Expenses, General Funds, delete "$1,668,890" and insert "$1,678,289"
Operating Expenses, Federal Funds, delete "$8,906,833" and insert "$8,947,834"
Section 102. That section 15 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF THE MILITARY
(3) Air Guard
Personal Services, General Funds, delete "$165,972" and insert "$171,945"
Personal Services, Federal Funds, delete "$2,331,331" and insert "$2,420,676"
Operating Expenses, General Funds, delete "$198,704" and insert "$219,942"
Operating Expenses, Federal Funds, delete "$2,570,931" and insert "$2,634,326"
Adjust all totals accordingly.
Section 103. That section 16 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF VETERANS' AFFAIRS
(1) Veterans' Benefits and Services
Personal Services, General Funds, delete, "$884,560" and insert "$918,332"
Personal Services, Federal Funds, delete, "$199,649" and insert "$207,230"
Operating Expenses, General Funds, delete, "$337,326" and insert "$338,608"
Operating Expenses, Federal Funds, delete, "$45,386" and insert "$45,723"
Adjust all totals accordingly.
Section 104. That section 16 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF VETERANS' AFFAIRS
(2) State Veterans' Home
Personal Services, General Funds, delete, "$1,503,086" and insert "$1,562,123"
Personal Services, Federal Funds, delete, "$622,373" and insert "$651,592"
Personal Services, Other Funds, delete, "$2,348,608" and insert "$2,416,394"
Operating Expenses, General Funds, delete, "$704,294" and insert "$697,956"
Operating Expenses, Other Funds, delete, "$2,282,409" and insert "$2,270,617"
Adjust all totals accordingly.
Section 105. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(1) Administration, Central Office
Personal Services, General Funds, delete "$1,360,360" and insert "$1,415,042"
Personal Services, Federal Funds, delete "$139,672" and insert "$144,444"
Operating Expenses, General Funds, delete "$319,630" and insert "$321,399"
Operating Expenses, Federal Funds, delete "$864,057" and insert "$864,097"
Operating Expenses, Other Funds, delete "$432,052" and insert "$432,285"
Adjust all totals accordingly.
Section 106. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(2) Mike Durfee State Prison
Personal Services, General Funds, delete "$9,499,831" and insert "$9,884,034"
Personal Services, Federal Funds, delete "$37,892" and insert "$39,199"
Personal Services, Other Funds, delete "$664,603" and insert "$693,471"
Operating Expenses, General Funds, delete "$5,175,357" and insert "$5,178,149"
Operating Expenses, Federal Funds, delete "$101,174" and insert "$101,474"
Operating Expenses, Other Funds, delete "$537,271" and insert "$540,543"
Adjust all totals accordingly.
Section 107. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(3) State Penitentiary
Personal Services, General Funds, delete "$13,761,143" and insert "$14,322,696"
Personal Services, Federal Funds, delete "$87,744" and insert "$90,765"
Personal Services, Other Funds, delete "$157,523" and insert "$164,341"
Operating Expenses, General Funds, delete "$4,195,688" and insert "$4,233,782"
Operating Expenses, Federal Funds, delete "$883,623" and insert "$885,081"
Adjust all totals accordingly.
Section 108. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(4) Women's Prison
Personal Services, General Funds, delete "$3,264,842" and insert "$3,397,003"
Personal Services, Federal Funds, delete "$48,051" and insert "$49,736"
Personal Services, Other Funds, delete "$47,403" and insert "$49,443"
Operating Expenses, General Funds, delete "$1,284,027" and insert "$1,285,315"
Operating Expenses, Federal Funds, delete "$20,812" and insert "$20,883"
Operating Expenses, Other Funds, delete "$275,732" and insert "$276,663"
Adjust all totals accordingly.
Section 109. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(5) Pheasantland Industries
Personal Services, Other Funds, delete "$796,274" and insert "$830,823"
Operating Expenses, Other Funds, delete "$1,740,435" and insert "$1,742,171"
Adjust all totals accordingly.
Section 110. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(6) Inmate Services
Personal Services, General Funds, delete "$860,572" and insert "$891,254"
Personal Services, Federal Funds, delete "$195,278" and insert "$201,962"
Personal Services, Other Funds, delete "$657,067" and insert "$685,466"
Operating Expenses, General Funds, delete "$16,665,606" and insert "$18,845,783"
Operating Expenses, Federal Funds, delete "$731,789" and insert "$731,847"
Operating Expenses, Other Funds, delete "$1,290,161" and insert "$1,290,190"
Section 111. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(7) Parole Services
Personal Services, General Funds, delete "$2,628,785" and insert "$2,735,172"
Personal Services, Other Funds, delete "$213,769" and insert "$223,008"
Operating Expenses, General Funds, delete "$1,004,080" and insert "$1,008,242"
Adjust all totals accordingly.
Section 112. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(8) Juvenile Community Corrections
Personal Services, General Funds, delete "$2,488,753" and insert "$2,589,389"
Operating Expenses, General Funds, delete "$13,618,354" and insert "$13,620,706"
Adjust all totals accordingly.
Section 113. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(9) Youth Challenge Center
Personal Services, General Funds, delete "$1,285,733" and insert "$1,338,314"
Operating Expenses, General Funds, delete "$104,935" and insert "$150,325"
Adjust all totals accordingly.
Section 114. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(10) Patrick Henry Brady Academy
Personal Services, General Funds, delete "$1,329,901" and insert "$1,383,282"
Operating Expenses, General Funds, delete "$89,308" and insert "$89,743"
Adjust all totals accordingly.
DEPARTMENT OF CORRECTIONS
(11) State Treatment and Rehabilitation Academy
Personal Services, General Funds, delete "$2,206,600" and insert "$2,298,199"
Operating Expenses, General Funds, delete "$2,106,127" and insert "$2,108,646"
Adjust all totals accordingly.
Section 116. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(12) QUEST and ExCEL
Personal Services, General Funds, delete "$1,437,950" and insert "$1,494,795"
Personal Services, Other Funds, delete "$1,024" and insert "$1,067"
Operating Expenses, General Funds, delete "$108,629" and insert "$109,324"
Adjust all totals accordingly.
Section 117. That section 18 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(1) Administration, Secretary of Human Services
Personal Services, General Funds, delete "$504,634" and insert "$526,425"
Personal Services, Federal Funds, delete "$438,890" and insert "$456,856"
Operating Expenses, General Funds, delete "$272,545" and insert "$273,114"
Operating Expenses, Federal Funds, delete "$131,034" and insert "$131,554"
Adjust all totals accordingly.
Section 118. That section 18 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(2) Developmental Disabilities
Personal Services, General Funds, delete "$605,557" and insert "$631,736"
Personal Services, Federal Funds, delete "$545,320" and insert "$568,261"
Operating Expenses, Federal Funds, delete "$68,127,385" and insert "$68,128,647"
Adjust all totals accordingly.
Section 119. That section 18 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(3) South Dakota Developmental Center--Redfield
Personal Services, General Funds, delete "$8,112,564" and insert "$8,449,476"
Personal Services, Federal Funds, delete "$9,539,647" and insert "$9,915,254"
Operating Expenses, General Funds, delete "$2,155,085" and insert "$2,231,973"
Operating Expenses, Federal Funds, delete "$2,575,457" and insert "$2,667,067"
Adjust all totals accordingly.
Section 120. That section 18 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(4) Rehabilitation Services
Personal Services, General Funds, delete "$708,037" and insert "$737,742"
Personal Services, Federal Funds, delete "$3,936,601" and insert "$4,094,088"
Operating Expenses, General Funds, delete "$3,404,589" and insert "$3,406,460"
Operating Expenses, Federal Funds, delete "$11,677,741" and insert "$11,685,395"
Adjust all totals accordingly.
Section 121. That section 18 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(6) Services to the Blind and Visually Impaired
Personal Services, General Funds, delete "$431,253" and insert "$449,253"
Personal Services, Federal Funds, delete "$1,033,637" and insert "$1,074,902"
Personal Services, Other Funds, delete "$137,100" and insert "$143,376"
Operating Expenses, General Funds, delete "$459,431" and insert "$459,806"
Operating Expenses, Federal Funds, delete "$1,392,366" and insert "$1,393,898"
Adjust all totals accordingly.
Section 122. That section 19 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(1) Financial and Technical Assistance
Personal Services, General Funds, delete "$1,790,171" and insert "$1,841,108"
Personal Services, Federal Funds, delete "$1,281,727" and insert "$1,318,369"
Personal Services, Other Funds, delete "$720,931" and insert "$741,247"
Operating Expenses, General Funds, delete "$337,209" and insert "$340,746"
Operating Expenses, Federal Funds, delete "$601,023" and insert "$604,778"
Operating Expenses, Other Funds, delete "$264,493" and insert "$267,461"
Adjust all totals accordingly.
Section 123. That section 19 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(2) Environmental Services
Personal Services, General Funds, delete "$2,856,523" and insert "$2,938,089"
Personal Services, Federal Funds, delete "$3,277,086" and insert "$3,370,857"
Personal Services, Other Funds, delete "$1,993,236" and insert "$2,050,250"
Operating Expenses, General Funds, delete "$549,977" and insert "$557,575"
Operating Expenses, Federal Funds, delete "$2,058,518" and insert "$2,068,884"
Operating Expenses, Other Funds, delete "$839,636" and insert "$843,244"
Adjust all totals accordingly.
Section 124. That section 19 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(5) Petroleum Release Compensation
Personal Services, Other Funds, delete "$341,972" and insert "$351,746"
Operating Expenses, Other Funds, delete "$64,359" and insert "$64,995"
Section 125. That section 20 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
PUBLIC UTILITIES COMMISSION
(1) Public Utilities Commission
Personal Services, General Funds, delete "$423,345" and insert "$434,673"
Personal Services, Federal Funds, delete "$339,194" and insert "$348,419"
Personal Services, Other Funds, delete "$1,886,150" and insert "$1,930,717"
Operating Expenses, General Funds, delete "$52,210" and insert "$52,254"
Operating Expenses, Federal Funds, delete "$139,301" and insert "$139,465"
Operating Expenses, Other Funds, delete "$1,465,034" and insert "$1,467,133"
Adjust all totals accordingly.
Section 126. That section 21 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
UNIFIED JUDICIAL SYSTEM
(2) Unified Judicial System
Personal Services, General Funds, delete "$31,847,791" and insert "$32,880,683"
Personal Services, Federal Funds, delete "$309,334" and insert "$319,188"
Personal Services, Other Funds, delete "$2,242,641" and insert "$2,321,180"
Operating Expenses, General Funds, delete "$3,093,326" and insert "$3,498,978"
Operating Expenses, Other Funds, delete "$8,272,200" and insert "$8,273,999"
Adjust all totals accordingly.
Section 127. That section 22 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
LEGISLATURE
(1) Legislative Operations
Appropriation, General Funds, delete "$5,338,804" and insert "$5,410,152"
Adjust all totals accordingly.
Section 128. That section 22 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
LEGISLATURE | ||||
(1A) Nonrecurring Technology Infrastructure Upgrade Funding | ||||
Personal Services | $0 | $0 | $0 | $0 |
Operating Expenses | $500,000 | $0 | $0 | $500,000 |
TOTAL | $500,000 | $0 | $0 | $500,000 |
F.T.E. | 0.0 |
LEGISLATURE
(2) Auditor General
Personal Services, General Funds, delete "$2,646,885" and insert "$2,699,896"
Operating Expenses, General Funds, delete "$325,231" and insert "$326,297"
Adjust all totals accordingly.
Section 130. That section 23 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
ATTORNEY GENERAL
(1) Legal Services Program
Personal Services, General Funds, delete "$3,690,836" and insert "$3,788,013"
Personal Services, Federal Funds, delete "$425,044" and insert "$436,143"
Personal Services, Other Funds, delete "$1,125,757" and insert "$1,158,513"
Operating Expenses, General Funds, delete "$505,412" and insert "$518,505"
Operating Expenses, Federal Funds, delete "$524,432" and insert "$527,478"
Operating Expenses, Other Funds, delete "$952,476" and insert "$956,975"
Adjust all totals accordingly.
Section 131. That section 23 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
ATTORNEY GENERAL
(2) Criminal Investigation
Personal Services, General Funds, delete "$3,366,046" and insert "$3,454,885"
Personal Services, Federal Funds, delete "$1,090,717" and insert "$1,119,344"
Operating Expenses, General Funds, delete "$1,729,809" and insert "$1,742,885"
Operating Expenses, Federal Funds, delete "$2,111,801" and insert "$2,111,824"
Operating Expenses, Other Funds, delete "$2,718,413" and insert "$2,734,488"
Adjust all totals accordingly.
Section 132. That section 23 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
ATTORNEY GENERAL
(3) Law Enforcement Training
Personal Services, Other Funds, delete "$713,366" and insert "$732,654"
Operating Expenses, General Funds, delete "$352,028" and insert "$363,297"
Operating Expenses, Other Funds, delete "$976,926" and insert "$986,148"
Adjust all totals accordingly.
Section 133. That section 23 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
ATTORNEY GENERAL
(4) 911 Training
Personal Services, Other Funds, delete "$111,110" and insert "$114,126"
Operating Expenses, Other Funds, delete "$97,480" and insert "$97,626"
Adjust all totals accordingly.
Section 134. That section 23 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
ATTORNEY GENERAL
(5) Insurance Fraud Unit--Informational
Personal Services, Other Funds, delete "$165,130" and insert "$169,619"
Adjust all totals accordingly.
Section 135. That section 24 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
SCHOOL AND PUBLIC LANDS
(1) Administration of School and Public Lands
Operating Expenses, General Funds, delete "$107,386" and insert "$108,453"
Adjust all totals accordingly.
Section 136. That section 25 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
SECRETARY OF STATE
(1) Secretary of State
Personal Services, General Funds, delete "$640,724" and insert "$662,776"
Personal Services, Federal Funds, delete "$98,470" and insert "$101,855"
Personal Services, Other Funds, delete "$147,891" and insert "$152,979"
Operating Expenses, General Funds, delete "$248,114" and insert "$259,410"
Operating Expenses, Federal Funds, delete "$3,033,493" and insert "$3,039,403"
Operating Expenses, Other Funds, delete "$311,049" and insert "$315,724"
Adjust all totals accordingly.
Section 137. That section 26 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
STATE TREASURER
(1) Treasury Management
Personal Services, General Funds, delete "$349,228" and insert "$359,960"
Operating Expenses, General Funds, delete "$142,076" and insert "$143,344"
Adjust all totals accordingly.
Section 138. That section 26 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
STATE TREASURER
(2) Unclaimed Property--Informational
Personal Services, Other Funds, delete "$246,775" and insert "$254,358"
Operating Expenses, Other Funds, delete "$2,655,424" and insert "$2,656,405"
Adjust all totals accordingly.
Section 139. That section 26 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
(3) Investment of State Funds
Personal Services, Other Funds, delete "$4,818,452" and insert "$4,875,432"
Operating Expenses, Other Funds, delete "$1,580,352" and insert "$1,584,003"
Adjust all totals accordingly.
Section 140. That section 27 of chapter 25 of the 2013 Session Laws be amended to read as
follows:
STATE AUDITOR
(1) State Auditor
Personal Services, General Funds, delete "$1,007,868" and insert "$1,040,428"
Operating Expenses, General Funds, delete "$130,459" and insert "$132,630"
Adjust all totals accordingly.
Section 141. That chapter 25 of the 2013 Session Laws be amended by adding thereto a NEW
SECTION to read as follows:
Section 142. Funds appropriated by this Act which are unspent at the end of fiscal year 2014 may
be carried over to fiscal year 2015.
Section 143. This Act is effective June 30, 2014.
(HB 1041)
Railroad trust fund appropriation.
Section 1. There is hereby appropriated from the general fund the sum of seven million two
hundred thousand dollars ($7,200,000), or so much thereof as may be necessary, to the railroad trust
fund created by § 49-16C-1 for the purposes of planning, enlarging, maintaining, equipping, and
protecting railroads and railroad facilities.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1206)
Payment of lease rental obligations
to the South Dakota Building Authority.
Section 1. There is hereby appropriated from the general fund fifty-six million two hundred fifty-seven thousand two hundred fifty-one dollars ($56,257,251) to the Bureau of Finance and
Management to be transferred to the South Dakota Building Authority public building fund for the
purposes of prepaying lease rental obligations.
Section 2. The funds appropriated in section 1 of this Act shall be used to pay or prepay lease
rental and associated fees in the amounts specified below to the South Dakota Building Authority
relating to the leases between the South Dakota Building Authority and the departments or offices
and the related real or personal property financed by the South Dakota Building Authority all as
described below:
rent paid from general fund appropriations by the Legislature and financed by proceeds
of the South Dakota Building Authority's series 2008 bonds; and
Section 4. The commissioner of the Bureau of Finance and Management shall approve vouchers
for payment and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 5. Any amounts appropriated in this Act not lawfully expended or obligated by June 30,
2015, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 6. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 15)
South Dakota State University authorization
to construct a football stadium.
Section 1. It is in the public interest that the South Dakota Building Authority shall contract for
the construction, furnishing, and equipping of a football stadium facility at South Dakota State
University, together with furnishings and equipment, including heating, air conditioning, plumbing,
water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering
services, asbestos abatement, and such other services or actions as may be required to accomplish
the projects, all at a cost not to exceed sixty-five million dollars. The Building Authority may finance
the same, including the issuance of revenue bonds, in accordance with this section and chapter 5-12.
The Building Authority may not issue bonds for more than a total of thirty-nine million dollars.
Section 2. No indebtedness, bond, or obligation incurred or created under the authority of this
Act may become a lien, charge, or liability against the State of South Dakota, or against the property
or funds of the State of South Dakota within the meaning of the Constitution or statutes of the state.
Section 3. The Building Authority and the Board of Regents may accept, transfer, and expend
any funds obtained for the projects authorized in this Act from federal sources or donations, together
with a transfer of two million dollars from university support fee revenues and university bookstore
revenues, all of which comprise a special fund for the benefitted project. All moneys deposited into
that fund are hereby appropriated to the projects authorized by this Act, subject to the limitations
pursuant to section 1 of this Act.
Section 4. The administration of the design and construction of the projects authorized in this
Act shall be under the general charge and supervision of the Bureau of Administration as provided
in chapter 5-14. The executive director of the Board of Regents and the executive secretary of the
Building Authority shall approve vouchers and the state auditor shall draw warrants to pay
expenditures authorized by this Act.
Section 5. The Board of Regents may make and enter into a lease agreement with the Building
Authority and make rental payments under the terms thereof from other funds derived from operating
revenues or donations, pursuant to chapter 5-12, for the purposes of this Act.
Section 6. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 53)
An appropriation for programs and projects
to provide economic benefit.
Section 1. There is hereby appropriated from the general fund, the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the South Dakota Board of Water and Natural Resources for the purpose of providing advance federal funds for the construction of the
facilities included in the Lewis and Clark Rural Water System as authorized in § 46A-1-13.10. Funds
shall be provided according to terms and conditions established by the Board of Water and Natural
Resources.
Section 2. The secretary of the Department of Environment and Natural Resources shall approve
vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 1 of this
Act.
Section 3. There is hereby appropriated from the general fund, the sum of five hundred thousand
dollars ($500,000), or so much thereof as may be necessary, to the Governor's Office of Economic
Development for the purpose of funding the Readiness and Environmental Protection and Integration
(REPI) buffer program at Ellsworth Air Force Base.
Section 4. The commissioner of the Governor's Office of Economic Development shall approve
vouchers and the state auditor shall draw warrants to pay expenditures authorized by section 3 of this
Act.
Section 5. There is hereby appropriated from the general fund, the sum of four hundred sixty-four
thousand dollars ($464,000), or so much thereof as may be necessary, to the Board of Regents for
the purpose of funding a shale research facility at the South Dakota School of Mines and
Technology.
Section 6. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by section 5 of this Act.
Section 7. There is hereby appropriated from the general fund the sum of five hundred thousand
dollars ($500,000), or so much thereof as may be necessary, to the state aeronautics fund for the
purposes of airport improvements.
Section 8. The secretary of the Department of Transportation shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by section 7 of this Act.
Section 9. Any amounts appropriated in this Act not lawfully expended or obligated by June 30,
2015, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 10. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 177)
Appropriation for unanticipated costs related to medical services.
Section 1. There is hereby appropriated from the general fund the sum of sixteen million dollars
($16,000,000), or so much thereof as may be necessary, and seventeen million four hundred sixteen
thousand eight hundred seventy-six dollars ($17,416,876) of federal fund expenditure authority, or
so much thereof as may be necessary, to the Bureau of Finance and Management for the purpose of
providing contingency funds to be made available in accordance with the provisions in §§ 4-8A-9,
4-8A-10, and 4-8A-11. The contingency funds shall be used to fund unanticipated costs related to
needs in existing programs in accordance with the provisions of Title XIX and Title XXI of the
federal Social Security Act.
Section 2. Any amounts appropriated in this Act not lawfully expended or obligated by June 30,
2018, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 3. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1154)
The commissioner of school and public lands
may grant certain surface and subsurface easements.
Section 1. That chapter 5-7 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1212)
Fair and open competition in certain governmental contracts.
Section 1. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
status as being or becoming, or the willingness or refusal to become, a party to an agreement with
a labor organization.
Section 5. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
(SB 19)
Board of Regents expenditure authority increased
for certain construction projects.
Section 1. That subdivision (1) of section 3 of chapter 107 of the 2012 Session Laws be amended
to read as follows:
Section 5. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1013)
Interpretive center to be constructed at Good Earth State Park.
Section 1. It is in the public interest that the South Dakota Building Authority contract for the
construction of a visitor center and associated interpretive displays at Good Earth State Park at Blood
Run, including engineering and bonding services, site preparation, and construction of
improvements. The Building Authority may finance this project, including the issuance of revenue
bonds not to exceed two million dollars ($2,000,000), in accordance with this Act and chapter 5-12.
Section 2. It is in the public interest that the South Dakota Building Authority contract for the
construction of a visitor center at Custer State Park, including engineering and bonding services, site
preparation, and construction of improvements. The Building Authority may finance this project,
including the issuance of revenue bonds not to exceed one million dollars ($1,000,000), in
accordance with this Act and chapter 5-12.
Section 3. No indebtedness, bond, or obligation incurred or created under authority of this Act
may be or may become a lien, charge, or liability against the State of South Dakota, nor against the
property or funds of the State of South Dakota within the meaning of the Constitution or statutes of
South Dakota.
Section 4. The Building Authority may accept and expend in addition to the amount specified
in sections 1 and 2 of this Act for the purpose stated in these sections, any funds obtained from gifts,
contributions, or other sources for the purpose.
Section 5. The design and construction of improvements shall be under the general charge and
supervision of the Bureau of Administration as provided in § 5-14-2. The Bureau of Administration
and the Department of Game, Fish and Parks shall approve vouchers and the state auditor shall draw
warrants to pay expenses authorized by this Act.
Section 6. The Department of Game, Fish and Parks may make and enter into a lease agreement
with the Building Authority and make rental payments under the terms of the agreement for the
purposes of this Act, pursuant to chapter 5-12, from fund appropriations or from gifts, contributions,
or other sources.
Section 7. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1038)
Appropriation to construct a highway patrol office
and motorcycle training facility.
Section 1. The Department of Public Safety may contract for the construction, completion,
furnishing, equipping, and maintaining of, including heating, plumbing, water, sewer, electric
facilities, associated parking lot and sidewalk, architectural and engineering services, and such other
services or actions as may be required to construct a highway patrol office and motorcycle training
building comprising approximately five thousand square feet, to be located on the Department of
Transportation's Rapid City campus or in the immediate vicinity, in Rapid City, South Dakota.
Section 2. There is hereby appropriated from the general fund the sum of one million four
hundred thousand dollars ($1,400,000), or so much thereof as may be necessary, and the sum of three
hundred thousand dollars ($300,000) in other fund expenditure authority, or so much thereof as may
be necessary, to the Department of Public Safety to construct the facilities described in section 1 of
this Act.
Section 3. The Bureau of Administration, pursuant to chapter 5-14, shall supervise the design
and construction of this project. The secretary of the Department of Public Safety shall approve
vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 4. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 5. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 82)
Purchases, sales, and contracts allowed
by public officers with the state or its political subdivisions.
Section 1. That § 6-1-2 be amended to read as follows:
6-1-2. The provisions of § 6-1-1 are not applicable if the contract is made pursuant to any one
of the conditions set forth in the following subdivisions, without fraud or deceit. However, the
contract is voidable if the provisions of the applicable subdivision are not fully satisfied or present
at the time the contract was entered into:
is reasonable and just;
3-16-7. Every No public officer, being who is authorized to sell or lease any property, or make
any contract in his the officer's official capacity, who voluntarily becomes may become voluntarily
interested individually in such any sale, lease, or contract, directly or indirectly, with such entity.
A violation of this section is guilty of a Class 2 misdemeanor unless the act is exempted by law.
Section 3. That § 11-11-34 be amended to read as follows:
11-11-34. The authority may enter into agreements or other transactions with, administer
programs of, and accept grants and the cooperation of, the United States or any agency or
instrumentality thereof or of the state or any agency or instrumentality thereof or of any other state
or any agency or instrumentality thereof in furtherance of the purposes of this chapter and to do any
and all things necessary in order to avail itself of such aid and cooperation.
Section 4. That subdivision (3) of § 11-11-102 be amended to read as follows:
(HB 1105)
Obsolete provision repealed regarding the publication
of certain local government fiscal reports.
Section 1. That § 6-9-3 be repealed.
(SB 65)
Road districts voter eligibility and boundary revision.
Section 1. That § 6-16-2 be amended to read as follows:
6-16-2. The application for organization shall be a petition verified by one or more circulators
by affidavit stating that each affiant personally witnessed the signatures on the petition and believe
the signatures to be genuine. Except as provided in this section, the petition shall be signed by at
least twenty-five percent of the registered voters within the proposed district. If the proposed district
is in two or more counties, a petition shall be filed in each county and each petition shall be signed
by at least twenty-five percent of the registered voters within the proposed district in that county. The
petition shall be accompanied by a deposit covering the estimated costs as determined by the county
auditor of the public notices and the conduct of the election for the formation of the district. The
county auditor may waive the deposit or payment requirement or may specify other arrangements
for payment of the publication and election costs. If the district to be formed is a road district that
contains no registered voters, the petition shall conform to the requirements of § 31-12A-3 and shall
be signed by at least twenty-five percent of the landowners eligible voters of the district as defined
in section 5 of this Act. If the district to be formed is a watershed district, the petition shall be signed
by at least twenty-five percent of the eligible voters of the district as defined in § 46A-14-15.1 and
as provided in § 46A-14-5. If the district to be formed is a water project district, any petition required
by this section shall be signed by qualified voters of the proposed district, as defined in §§ 46A-18-2.1 and 46A-18-2.2, in the appropriate county.
Section 2. That § 6-16-5.2 be amended to read as follows:
6-16-5.2. If a majority, or if it is a water project district at least sixty percent, of the votes cast in an election conducted pursuant to § 6-16-5.1 is in favor on the question of formation of the special district, an election shall be conducted by the county auditor within sixty days after the official
canvass to elect the initial board of directors or trustees. The election shall be conducted pursuant
to Title 12. The county auditor shall publish a notice of vacancy no later than fifty days prior to the
election. Circulation of nominating petitions may begin upon completion of the official canvass of
the election to form the district. Nominating petitions shall be filed with the county auditor by 5:00
p.m. at least thirty days before the election. The nominating petitions shall contain signatures of at
least twenty-five registered eligible voters in the district as defined in § 6-16-6. Absentee ballots
shall be made available to the voters no later than twenty days before the date of election. The
election shall be canvassed by the county commission.
Section 3. That § 6-16-6 be amended to read as follows:
6-16-6. Any person who is registered to vote and resides in the proposed district may vote in the
elections provided for in § 6-16-5. However, the qualifications of a voter for irrigation district
elections are as provided in chapter 46A-4, the qualifications of a voter for water project district
elections are as provided in §§ 46A-18-2.1 and 46A-18-2.2, and the qualifications of a voter for
watershed district elections are as provided in § 46A-14-15.1, and the qualifications of a voter for
road district elections are as provided in section 5 of this Act. Absentee voting is allowed pursuant
to chapter 12-19 for the election on the question of formation of the special district or any other
question to be voted on by the eligible voters of the district. If the district to be formed is a road
district that contains no registered voters, voter eligibility is based solely on landowners. For the
purpose of this section, a person resides in a proposed district if the person actually lives in the
proposed district for at least thirty days in the last year.
Section 4. That § 31-12A-1 be amended to read as follows:
31-12A-1. Any area outside the boundary of a municipality, which is situated so that the
construction or maintenance of roads becomes desirable, may be incorporated by its landowner or
landowners as a road district pursuant to this chapter.
Section 5. That chapter 31-12A be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That § 31-12A-1.1 be amended to read as follows:
31-12A-1.1. Notwithstanding any other provision of chapter 31-12A, an area with three or fewer landowners may be formed into a road district pursuant to this chapter. Each landowner shall be a trustee at large and no election of trustees is required. After the district is incorporated and the
number of landowners within the district is five or more, the district shall conduct an election
pursuant to § 31-12A-16 to elect the board of trustees. The district shall conduct the election on the
first Tuesday after the anniversary date of the formation of the district.
Section 7. That § 31-12A-2 be amended to read as follows:
31-12A-2. Any landowner person making application for the organization of a road district shall
first obtain an accurate survey and map of the territory intended to be embraced within the limits of
such the road district, showing the boundaries and area thereof, and the of the district. The accuracy
thereof of the survey and map shall be verified by the affidavit of the surveyor.
Section 8. That § 31-12A-3 be amended to read as follows:
31-12A-3. Any landowner who owns Not less than twenty-five percent of the eligible voters as
defined in section 5 of this Act who own land lying within the limits of the territory proposed to be
organized into a road district may file a petition with the board of county commissioners asking that
a road district be organized to function in the territory described in the petition. The petition shall
be filed with the county auditor and presented to the board of county commissioners for
consideration at its next meeting. The petition shall conform with the requirements of § 6-16-2 and
shall set forth:
Section 10. That § 31-12A-6 be amended to read as follows:
31-12A-6. If the board of county commissioners is satisfied that the requirements of this chapter
have been fully complied with, it the board shall issue an order declaring that the territory shall, with
the assent of the eligible voters, as specified in § 6-16-2, in an election as provided in § 6-16-4 to 6-16-6, inclusive, be an incorporated road district by the name specified in the application petition. The
name shall be different from that of any other road district in this state.
Section 11. That § 31-12A-15 be amended to read as follows:
31-12A-15. In each road district, after the initial election provided for in §§ 6-16-5 and 6-16-5.2,
an annual election of officers shall be held on the first Tuesday in May at a place in the district as
the board of trustees shall designate. Unless otherwise specified, the election shall be conducted
according to chapter 8-3, at a meeting of the registered voters who reside in eligible voters of the
road district.
Section 12. That § 31-12A-15.1 be amended to read as follows:
31-12A-15.1. Notice of the meeting and election required by § 31-12A-15 shall be given by the
secretary-treasurer by one publication in a legal newspaper of general circulation in each county in
which the district is situated or notice may be given by posting in a public place within the district
and delivering the notice to each registered eligible voter of the district. The notice shall include the
time and place of the election and candidate names for each vacancy to be filled at the election. The
meeting shall be held not less than seven days nor more than fourteen days after the date of
publication or delivery of the notice.
Section 13. That § 31-12A-16 be amended to read as follows:
31-12A-16. There shall be elected from among the landowners eligible voters of the district at
the first election of a road district, held pursuant to § 6-16-5 or 6-16-5.2, three trustees at large, who
shall respectively hold their offices, one for a term of one year, one for a term of two years, and one
for a term of three years. The person having the highest number of votes shall serve for a term of
three years, the person receiving the second highest number of votes shall serve for a term of two
years, and the person receiving the third highest number of votes shall serve for a term of one year,
and such persons shall be declared elected to such offices; thereafter. Thereafter, in accordance with
§§ 31-12A-15 and 31-12A-15.1, there shall be elected annually one trustee for a term of three years.
The judges shall subscribe and certify a statement of the persons elected to fill the offices of trustees
in such the road district and file the same statement with the county auditor within ten days after the
date of such the election.
Section 14. That § 31-12A-17 be amended to read as follows:
31-12A-17. The trustees to be elected at the initial election, shall be nominated by the voters in
attendance at the meeting in which the organizational election is held. If the initial trustees are to be
elected at the meeting at which the incorporation election is held as provided in § 6-16-5, the trustees
shall be nominated by the eligible voters in attendance at the meeting. Otherwise, the initial trustees
shall be nominated as provided in § 6-16-5.2. Any trustee to be elected at any subsequent elections
election, shall be nominated by filing with the district clerk not less than fifteen days before any the
subsequent election, certificates a certificate of nomination for the offices office of trustee. The
certificates certificate shall be in writing and shall contain the name of the candidate, residence,
business address, and the office for which the candidate is named, and shall be signed by at least five
percent of the qualified eligible voters.
Section 15. That § 31-12A-23 be amended to read as follows:
31-12A-23. The board of trustees may cause the amount of any charges, and interest and
penalties on the charges, for road district service rendered or made available to any land within and
part of the district, which are due and unpaid on the first day of October in each year to be certified
by the clerk of the district to the county auditor in the manner provided in § 10-12-7 together with
any taxes levied by the district for corporate purposes. All amounts so certified shall be inserted by
the county auditor upon the tax list of the current year and are payable and delinquent at the same
time and shall incur penalty and interest and shall be collected by the same procedure as real estate
taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the provisions of
§§ 9-43-39 to 9-43-41, inclusive, apply to all amounts so certified and then delinquent, in the same
manner as delinquent installments of special assessments. Five percent of the landowners eligible
voters of the district may petition the board of trustees for referendum of any special assessment or
bond issue. A majority of all the landowners of eligible voters of the district who own the lots, tracts,
or parcels of land subject to a special assessment or bond issue by the road district is required for
approval of the special assessment or bond issue. For purposes of a referendum, if more than one
person holds an interest in a lot, tract, or parcel of land subject to a special assessment or bond issue,
the vote for such the lot, tract, or parcel of land shall be exercised as the owners may among
themselves determine and in no event may more than one vote be cast with respect to any one lot,
tract, or parcel of land in any referendum. The referendum shall be governed, to the extent
applicable, by chapter 9-20. The referendum petition shall be filed with the clerk of the district
within twenty days after the notice of the levy of the special assessment or bond issue has been given
the landowner.
Section 16. That § 31-12A-27 be amended to read as follows:
31-12A-27. A majority of the qualified eligible voters of a road district may petition a court of
competent jurisdiction for the dissolution of the road district. Dissolution proceedings shall, to the
extent applicable, conform to the provisions for dissolution of municipalities pursuant to chapter 9-6.
Section 17. That § 31-12A-28 be amended to read as follows:
31-12A-28. Notwithstanding the provisions of § 31-12A-27, the board of trustees of a road
district may be, by unanimously adopting a proper resolution, provide for the dissolution of the
district and the disposition of all unencumbered assets and assets which may thereinafter accrue.
Prior to adopting such Before adopting the resolution, the board shall give notice and conduct
hearings as it the board deems necessary. Any party feeling aggrieved by the decision of the board
may appeal to the circuit court.
Section 18. That § 31-12A-30 be amended to read as follows:
31-12A-30. The governing body of each road district described in § 31-12A-29 shall submit by
resolution the question of consolidation to the eligible voters of each road district at a special
election called for that purpose pursuant to chapter 6-16. The proposition shall be submitted to the
eligible voters of each road district on a separate ballot and shall be stated as to enable each eligible
voter to vote for or against the proposed consolidation.
Section 19. That § 31-12A-31 be amended to read as follows:
31-12A-31. If the eligible voters of each road district approve the formation of the consolidated
road district by a majority of the votes cast on the consolidation question, the governing body of each
road district shall so declare by resolution and file a certified copy of each proceeding taken for the
consolidation with the road district's clerk, the secretary of state, and the county auditor. After the
certified copies are filed, the consolidation is effective and complete, and the consolidated road
district has the powers conferred upon a road district by this chapter.
Section 20. That § 31-12A-32 be amended to read as follows:
31-12A-32. The consolidated board of trustees shall be elected as provided in chapter 6-16 and
this chapter and shall govern the consolidated road district as provided in this chapter.
Section 21. That § 31-12A-36 be amended to read as follows:
31-12A-36. An additional A contiguous area may be annexed or an area withdrawn from a road
district by:
be annexed or withdrawn in the same manner as prescribed for creation of a new road project district
if a majority of the eligible voters in the area to be annexed and a majority of the eligible voters in
the existing area vote in favor of the annexation in the same manner as prescribed for creation of a
new road district or the area shall be withdrawn if a majority of the eligible voters in the withdrawing
area vote in favor of withdrawal in the same manner as prescribed for creation of a new road district.
(SB 68)
The Uniform Real Property Electronic Recording Act adopted.
Section 1. Terms used in sections 1 to 10, inclusive, of this Act mean:
entity;
Section 3. A register of deeds who implements any of the functions listed in this section shall do
so in compliance with standards established by the electronic recording commission. A register of
deeds may:
this Act, chapter 53-12, the federal electronic signatures in global and national commerce act, 15
USC 7001 to 7031, as of January 1, 2014, or any other statute that may apply before the
establishment of standards under sections 1 to 10, inclusive, of this Act by the electronic recording
commission.
Section 4. The electronic recording commission is hereby created and shall consist of nine voting
members. The commission shall adopt standards to implement procedures for recording electronic
documents with the register of deeds. The commission shall consist of nine members appointed as
follows:
Section 5. The first meeting of the commission shall be called by the president of the South
Dakota Association of County Officials. At the first meeting, the commission shall elect from among
its members a chair and other officers as it considers necessary or appropriate and each meeting is
subject to the open meeting requirements pursuant to chapter 1-25. The commission shall at least
meet annually or as often as deemed necessary. Unless otherwise directed by the commission, the
South Dakota Association of County Officials shall provide support services as needed for the
commission to carry out its duties, including meeting space and teleconferencing. The expenses and
costs related to retaining professional services, promulgating rules pursuant to chapter 1-26, and
organizing the commission shall be funded by the South Dakota association of county officials
register of deeds modernization and preservation relief fund established pursuant to § 7-9-28. The
electronic recording commission shall approve the expenses and costs. No commission members
may be reimbursed from the South Dakota association of county officials register of deeds
modernization and preservation relief fund for any travel expenses, subsistence, or per diem while
serving on the commission.
Section 6. A majority of the members of the commission constitute a quorum for the transaction
of business at a meeting of the commission. A majority of the members present and serving are
required for official action of the commission.
Section 7. The electronic recording commission may remove an appointed member of the
commission for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in
office, or any other good cause.
Section 8. The commission shall adopt rules, pursuant to chapter 1-26, to keep the standards and
practices of registers of deeds in this state in harmony with the standards and practices of recording
offices in other jurisdictions that substantially comply with sections 1 to 10, inclusive, of this Act
and to keep the technology used by registers of deeds in this state compatible with technology used
by recording offices in other jurisdictions that substantially comply with sections 1 to 10, inclusive,
of this Act. The electronic recording commission, so far as is consistent with the purposes, policies,
and provisions of sections 1 to 10, inclusive, of this Act, in adopting, amending, and repealing
standards shall consider:
Section 10. Sections 1 to 10, inclusive, of this Act modifies, limits, and supersedes the Federal
Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.), as
of January 1, 2014, but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C.
Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b)
of that act (15 U.S.C. Section 7003(b)).
Section 11. That § 7-9-2 be amended to read as follows:
7-9-2. The register of deeds shall provide himself with obtain a seal, which may be a rubber
stamp, and make an impression of the same upon every instrument to which he attaches his signature
as register of deeds. Such seal or rubber stamp shall bear the following inscription: "Register of
deeds of ________ county." The seal may be in a rubber, raised embosser, or electronic format and
shall be used on each instrument to which the register of deeds affixes his or her signature. The
signature of the register of deeds may be in original or electronic format.
Section 12. That § 7-9-3 be amended to read as follows:
7-9-3. When any instrument is delivered to the register of deeds for recording or filing, he shall
endorse thereon the date, hour, and minute of such delivery and whenever any instrument is recorded
he shall also endorse thereon the page and book designated by letter or number in which such
instrument is recorded; and in a note at the foot of the record of each recorded instrument he shall
write the date, hour, and minute when it was delivered to him and the numbers of the pages on which
it is recorded. Each instrument entitled by law to be recorded, shall be recorded during the office
hours set pursuant to §§ 7-7-2 and 7-7-2.1 in the order and as of the date and time when the
instrument is received by the register of deeds for that purpose.
Section 13. That chapter 7-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 14. That § 7-9-8.1 be amended to read as follows:
7-9-8.1. In the event that microfilming is used by the register of deeds, all recorded instruments
may be indexed by document number. Each register of deeds shall plainly endorse each instrument
received for record, upon receipt, the date and time of reception of the instrument, and an identifying
number. The identifying number may be a unique instrument number or book and page number, or
both, that clearly identifies the specific instrument. The register of deeds shall enter the identifying
number as part of the entry relating to the instrument in the appropriate indexes maintained by the
register of deeds. The document shall indicate whether the instrument was received by electronic
transmission and the number of pages recorded or filed with that instrument.
Section 15. That § 7-9-29 be amended to read as follows:
7-9-29. The fiscal year for the South Dakota association of county officials register of deeds
modernization and preservation relief fund begins on July first and ends on June thirtieth. Before
July thirty-first of each year, the association of county officials shall compute each county's share
of the deposits from the previous fiscal year. The association shall certify each county's share of the
total fund and remit the share to the county auditor on or before August thirty-first of each year. The
money in the fund shall be divided equally among each of the sixty-six counties, less the
administrative fee to be determined by the board of directors for the South Dakota Association of
County Officials and the expenses and costs related to section 5 of this Act. The administrative fee
may not exceed one percent of the total annual remittance to the fund. The county auditor shall
deposit the money received pursuant to this section in the county register of deeds modernization and
preservation relief fund.
Section 16. That § 43-25-21 be amended to read as follows:
43-25-21. The corporate seal of any corporation attached to a deed, mortgage, assignment of
mortgage, release of mortgage, or other instrument executed and acknowledged by any officer of
such corporation is prima facie evidence that such officer was duly authorized to execute such
instrument on behalf of such corporation. Likewise, a corporate acknowledgment attached to or made
part of any deed, mortgage, assignment of mortgage, release of mortgage, or other instrument
executed by any officer of such corporation, except as provided in § 51A-4-11, is prima facie
evidence that such officer was duly authorized to execute such instrument on behalf of such
corporation.
(HB 1133)
Township revisions.
Section 1. That § 8-2-4 be repealed.
Section 2. That § 8-2-16 be amended to read as follows:
8-2-16. A township may enroll in any group health insurance plan, group life insurance plan, or
group disability income insurance plan permitted by law to be offered in this state for township
officers and any employee of the township who is employed for a minimum of one thousand forty
hours per year by the township. However, no A township may only pay the premiums or any portion
thereof for the insurance programs allowed by this section for such employee.
Section 3. That § 8-3-1 be amended to read as follows:
8-3-1. The citizens of each organized civil township qualified to vote at general elections shall
annually assemble and hold a township meeting on the first Tuesday of March. The township board
of supervisors shall by resolution establish the location where the annual township meeting shall be
held. The location of the annual meeting shall be in the county where the township is located. Notice
of the time and place of such township meeting shall be given by the publication thereof for three
consecutive days in a daily, or for two consecutive weeks in a weekly newspaper of general
circulation in the township beginning not less than twelve calendar days prior to such meeting. In
case of inclement weather, any required township meeting may be rescheduled for the following
Tuesday at the same place and location without additional publication in the newspaper and meeting
requirements provided in § 1-25-1.1. If the board of supervisors requires nominating petitions
pursuant to § 8-3-1.1, the notice required by this section shall include the names and the office they
seek of those who have filed nominating petitions pursuant to § 8-3-1.2.
Section 4. That § 8-3-2 be amended to read as follows:
8-3-2. The voters of each organized civil township have power at their annual meeting:
8-4-3. Every Each person elected or appointed to any township office, except poundmaster, shall,
within ten days after receiving notice of his election or appointment and before entering upon the
discharge of his the officer's duties, take and subscribe an oath or affirmation as required by § 3-1-5.
All such official oaths shall be immediately filed in the office of the county auditor. No fee shall may
be charged or received by any officer for administering or filing any such the official oath, or for
filing or recording any township officer's official bond.
Section 6. That § 8-4-8 be amended to read as follows:
8-4-8. Except as otherwise provided in this section and § 8-4-9 § 1-27-35, the clerk, treasurer,
and supervisors may each receive an annual salary, plus compensation for each day necessarily
devoted to the discharge of their official duties when attending to business in their the township. The
voters of each township shall establish the annual salary and the hourly or daily rate of daily
compensation at the annual township meeting. In addition, the clerk, treasurer, and supervisors may
also receive mileage compensation at the rate established for state employees by the State Board of
Finance when attending to the business of their the township. The township board of supervisors
shall limit the total amount of salary and compensation that the clerk, treasurer, and any one
supervisor may receive in a year. Any salary and compensation limit established by the township
board of supervisors does not apply to compensation received for road work.
Section 7. That § 8-4-9 be repealed.
Section 8. That § 8-5-1 be amended to read as follows:
8-5-1. The township board of supervisors shall hold regular meetings on the last Tuesday of
February, the last Tuesday of March, and the last Tuesday of October, of each year. The meetings
shall be held at the office of the township clerk or the location established in § 8-3-1 at a time
determined by the board. If any two supervisors submit a written statement signed by them not less
than twelve days before the meeting requesting that the next regular meeting be held at a different
time, the township clerk shall give notice of the time and place of the meeting as provided by § 8-3-1. In case of inclement weather, any required township meeting may be rescheduled for the following
Tuesday at the same place and location without additional publication in the newspaper and meeting
requirements provided in § 1-25-1.1.
Section 9. That § 8-6-1 be amended to read as follows:
Section 10. That § 8-6-7 be amended to read as follows:
8-6-7. The township clerk shall file the annual fiscal report of the township with the county
auditor pursuant to § 6-9-1 by June first the last day of March of the year immediately following the
close of the township's fiscal year.
Section 11. That § 8-7-1 be amended to read as follows:
8-7-1. Any person elected or appointed to the office of township treasurer, before the person
enters the office, shall give to the county a bond, conditioned upon the faithful discharge of the
duties of the office, paid for by the township, and with a surety company authorized to conduct
business in this state or through a pool arrangement as provided in §§ 1-24-11 to 1-24-17, inclusive.
The bond shall be for an amount set by and approved by the board of county commissioners
township supervisors and filed in the office of the county auditor. The bond shall be set for an
amount approximately equal to the sum of money that the treasurer township is expected to receive
in any one fiscal year or two hundred thousand dollars, whichever is less.
Section 12. That § 8-7-3 be amended to read as follows:
8-7-3. Every Each township treasurer, who refuses or neglects to comply with the provisions of
§ 8-7-2, shall forfeit not more than two thousand dollars, the amount the township was required to
expend in costs and expenses due to the failure of the treasurer to comply with the law to be
recovered by a civil action in the name of the township, for its use and benefit, in any court of
competent jurisdiction; the amount to be fixed by the jury trying the cause or by the court if no jury
be impaneled.
Section 13. That § 8-8-2 be repealed.
Section 14. That § 8-8-3 be repealed.
Section 15. That § 8-9-4 be amended to read as follows:
8-9-4. Every civil township in this state shall, through its board of supervisors, enter into a contract for fire-fighting equipment and protection with a political subdivision or subdivisions of this state or with a nonprofit fire protection corporation or association legally organized and certified in this state. No contract may have a term that exceeds ten years in length. The amount of money each township pays shall be determined through negotiation and shall be specified in the contract. Any political subdivision or nonprofit fire protection corporation or association providing fire protection services shall, as part of any negotiation conducted pursuant to this section, provide full disclosure of the fire department's total assets and expenses and estimate the cost of fire protection, including equipment, buildings, material, and personnel. A contract entered into pursuant to this section shall be for an amount equal to the estimated cost of fire protection as agreed to by the parties. The contract may be for an amount other than the estimated cost of fire protection if agreed to by the parties to such contract. The provisions of this section do not apply to any township or portion thereof that lies within a rural fire protection district established pursuant to chapter 34-31A or an emergency services district established pursuant to chapter 34-47. However, nothing in this section
prevents any township and rural fire district from entering into a contract to coordinate and cooperate
for mutual fire protection and prevention purposes within any area which they might logically serve.
Section 16. That § 8-9-5 be repealed.
Section 17. That § 8-9-6 be amended to read as follows:
8-9-6. The term ", nonprofit fire protection corporation or association", as used in §§ 8-9-4 and
8-9-5 shall include any corporation or association legally organized within this state for the primary
purpose of providing fire-fighting equipment and protection for a particular political subdivision or
subdivisions within this state and operating on a nonprofit basis.
Section 18. That § 31-3-14 be amended to read as follows:
31-3-14. Six or more voters of the township, aggrieved by the action of the board of supervisors
in vacating, changing, or locating a highway may file with the township clerk a notice in writing
within thirty days from the making of said order date of the first publication pursuant to § 31-3-9,
that they appeal therefrom and desire the question of whether said the decision on whether the
highway shall be vacated, changed, or located to be submitted to a vote of the voters of the township.
Section 19. That § 31-13-1.5 be amended to read as follows:
31-13-1.5. The board of township supervisors shall post signs on a no maintenance section line
to notify the motoring public that it is a no maintenance section line and that the public travels on
the section line at its own risk no travel is advised. The signs shall be posted at each entry point and
at regular intervals along a no maintenance section line. A properly posted sign is prima facie
evidence that adequate notice of a no maintenance section line has been given to the motoring public.
Section 20. That § 32-14-14 be amended to read as follows:
32-14-14. Any municipality or township with an unincorporated town may adopt, by ordinance,
traffic regulations permitting the use of golf carts on a highway under the its jurisdiction of the
municipality. The ordinance shall require that the golf cart is insured and the person operating the
golf cart in the municipality or unincorporated town to hold a driver license and to obtain a permit
from the municipality authority having jurisdiction. The municipality or township may charge a fee
for the permit. The ordinance may also require the golf cart to display a slow-moving vehicle
emblem in accordance with § 32-15-20 or a white or amber warning light in accordance § 32-17-46.
Section 21. That § 34-35-1 be amended to read as follows:
34-35-1. In all organized civil townships at the annual meeting of the electors thereof in March
of each year, the electors may instruct the township supervisors to plow, or to have plowed,
fireguards around every township, not less than ten nor more than twenty feet in width, commencing
not exceeding two rods from the center of the roadway and plowing toward the center of the same.
If upon such plowing the sod is or has been destroyed and the ground is in a workable condition, the
township supervisors immediately after such plowing shall with a road grader, grade and work the
dirt so plowed away from the outside and toward the center of the road, so that the roadway will
incline and drain from the center toward the side of the road, and they shall thoroughly surface and
smooth the same so as to form a graded highway, the primary purpose of such work being to form
an efficient fireguard, but, incidentally to grade and perfect the roadway. The electors at the annual
meeting of an organized civil township may authorize the township board of supervisors to construct,
or to have constructed, fireguards around all or a portion of the township or each way across the
center of the township, as deemed necessary for fire protection.
Section 22. That § 34-35-2 be amended to read as follows:
Section 23. That § 34-35-3 be amended to read as follows:
34-35-3. For the purpose of plowing constructing fireguards the township supervisors or the
persons employed by them for that purpose may, with the consent of the owner, enter upon land
adjacent to the right of way and construct such fireguards upon the real estate of a private persons
person.
Section 24. That § 34-35-4 be repealed.
Section 25. That § 34-35-5 be repealed.
Section 26. That § 34-35-6 be amended to read as follows:
34-35-6. In counties containing areas not embraced in any civil township, fireguards as described
in §§ 34-35-1 and 34-35-2 § 34-35-1 may be constructed under the supervision of the board of
county commissioners and the cost thereof of the fireguards met by special levy upon the real
property, including railroads, within the area embraced by such the fireguards.
Section 27. That § 34-35-7 be amended to read as follows:
34-35-7. Any civil township, or county not divided into civil townships, may use one-half of the
general road fund to help defray the expense of making fireguards; and the The expense of making
any fireguard running upon or adjacent to the township line shall be borne equally by the two
townships between which such the fireguard is made.
(HB 1134)
Municipal powers clarified.
Section 1. That § 9-12-1 be amended to read as follows:
9-12-1. Every municipality shall have power:
9-12-11. A municipality may appropriate money from its general fund to promote itself. If there
are commercial clubs, chambers of commerce, or industrial development corporations organized and
incorporated as nonprofit corporations under the laws of the State of South Dakota for the purpose
of promoting the municipality, the appropriations or any part thereof may be paid to such
organizations for expenses incurred for promoting the municipality. Payments to these organizations
shall be based on programs previously submitted to the governing board by them and they shall be
required to maintain complete records on all their activities and shall provide a certified audit of
those records to the governing board of the municipality at the close of each fiscal period. In lieu of
a certified audit, the governing board may accept a financial statement. For purposes of this section,
promotion includes, but is not limited to, any costs incidental to the hosting of events held within
the municipality.
(SB 100)
A vacancy may be filled if no person is elected.
Section 1. That chapter 9-13 be amended by adding thereto a NEW SECTION to read as follows:
9-7-3. The members of the Board of Trustees shall hold office for three years and until their
successors are elected and qualified. A vacancy on the board shall be filled as provided in
§ 9-13-14.1 or 9-13-14.2.
Section 3. That § 9-9-3 be amended to read as follows:
9-9-3. The No term of office of the members of the board including the mayor may not exceed
five years as determined by ordinance, except that at the first election after the adoption of the
commission form of government the mayor's term shall be for five years and the commissioners shall
determine by lot their respective terms. In case If the number of commissioners is four, one shall
serve for one year, one for two years, one for three years, and one for four years. In case If the
number of commissioners is two, one shall serve for two years and one for four years. At the annual
election preceding the expiration of the term of office of the mayor or any commissioner, a successor
shall be elected for a term not to exceed five years as determined by ordinance. A vacancy on the
commission shall be filled as provided in § 9-13-14.1 or 9-13-14.2.
(HB 1095)
Revise provisions relating to appointment and removal
of municipal finance officers.
Section 1. That § 9-14-6 be amended to read as follows:
9-14-6. In first and second class municipalities, all appointive officers Each appointive officer,
before entering upon the discharge of their duties the duties of the office, shall take and subscribe
an oath or affirmation of office, in the form required by the Constitution, and. The officer shall
furnish an undertaking to be approved by the governing body in such sum as it shall prescribe,. The
undertaking shall be in a sum prescribed by the governing body and shall be conditioned for the
faithful performance of the duties of their offices the office and to account, pay over, and deliver all
money or property coming into their the officer's hands by virtue of their that office according to law.
Section 2. That § 9-14-13 be amended to read as follows:
9-14-13. In an aldermanic-governed first and second class municipality, the mayor shall have
power, except as otherwise provided to, may remove from office any officer appointed by him,
whenever he shall be of the opinion the mayor, if the mayor believes that the interests of the
municipality demand such removal, but he. The mayor shall report the reasons for his removal to the
council at its next regular meeting.
9-14-17. The appointed financial official municipal finance officer shall keep an office at such
place as the governing body may direct, a place directed by the governing body. The finance officer
shall keep the corporate seal, all papers, and records of the municipality, and a record of the
proceedings of the governing body, whose meetings such official the finance officer shall attend.
Such official The finance officer shall draw and countersign all warrants on the treasury in pursuance
of orders or resolutions of the governing body and keep a full and accurate account thereof of all
such warrants in books provided for that purpose. Such official The finance officer shall make or
cause to be made estimates of the expenses of any work to be done by the municipality, and
countersign all contracts made on its behalf and certificates of work authorized by any committee
of the governing body or by any municipal officer. However, the official finance officer may destroy
any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no
further administrative, legal, fiscal, research, or historical value.
Section 4. That § 9-14-18 be amended to read as follows:
9-14-18. The appointed financial official municipal finance officer shall keep regular books of
account in which shall be entered all indebtedness of the municipality, and which shall at all times
show the financial condition of the municipality, the amount of bonds, warrants, certificates, or other
evidences of indebtedness issued by the governing body, and the amounts of all bonds, warrants,
certificates, or other evidences of indebtedness which have been redeemed and the amount of each
outstanding.
Section 5. That § 9-14-19 be amended to read as follows:
9-14-19. The appointed financial official municipal finance officer shall supervise the accounting
system for all departments and offices of the municipality in accordance with the recommendations
of the Department of Legislative Audit except that for those municipalities administered under the
city manager form of government, the supervision will be is by the city manager.
Section 6. That § 9-14-20 be amended to read as follows:
9-14-20. The appointed financial official municipal finance officer shall keep a list of all
certificates issued for work or any other purpose, and before. Before the levy by the governing body
of any special tax, the finance officer shall, unless that duty is performed by the engineer, report to
the governing body a schedule of all lots which may be that are subject to the proposed special tax
or assessment, and also the amount of such the special tax or assessment which it may be necessary
to levy on such lots which. The schedule shall be verified by the official's finance officer's affidavit.
Section 7. That § 9-14-21 be amended to read as follows:
9-14-21. The appointed financial official municipal finance officer shall examine all reports,
books, papers, vouchers, and accounts of the treasurer; audit and adjust all claims and demands
against the municipality before they are allowed by the governing body; and keep a record of the
official's finance officer's acts and doings;. The finance officer shall keep a book in which the official
finance officer shall enter all contracts, with an index thereto, which book. The book shall include
an index to the contracts and shall be open to the inspection of all parties interested; and. The finance
officer shall perform such other duties as may be required by ordinance, resolution, or direction of
the governing body. However, the appointed financial official finance officer may destroy any record
which the Records Destruction Board, acting pursuant to § 1-27-19, declares to have no further
administrative, legal, fiscal, research, or historical value.
(HB 1151)
Budgetary planning for municipalities updated.
Section 1. That § 9-38-42 be amended to read as follows:
9-38-42. The park board on or before the fifteenth day of July of each year shall annually make
an estimate of the moneys necessary for maintaining, constructing, and improving, for the ensuing
fiscal year, parks, parkways, roads, boulevards, and avenues which are under its control for the
ensuing fiscal year. The estimate shall specify the amount required for each park district and the
amount required for general park purposes and shall be certified by the secretary of the board to the
auditor on or before the first day of August of each year municipal finance officer at a time specified
by the municipal governing body.
Section 2. That § 9-38-44 be amended to read as follows:
9-38-44. In addition to the estimate made pursuant to § 9-38-42, the board shall, at the time
referred to in § 9-38-42, make an estimate of the moneys necessary for the planting, maintenance,
treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and parks
within the first or second class municipality or which are under its control. Such estimates shall
specify the amount required for forestry purposes and shall be certified by the secretary of the board
to the auditor on or before the fifteenth day of August of each year municipal finance officer at a time
specified by the municipal governing body.
(HB 1135)
Exceptions to special assessments levied upon real property.
Section 1. That § 9-43-100 be amended to read as follows:
9-43-100. Any special assessment lawfully levied upon real property assessed pursuant to this
chapter, except land that is used for agricultural purposes as defined in § 10-6-31, is a continuing lien
on the property as against all persons except the United States and this state. The lien shall continue
continues for fifteen years from the date of the due date of the last installment.
(HB 1055)
Internal Revenue Code references updated.
Section 1. That § 10-4-9.1 be amended to read as follows:
10-4-9.1. Property owned by a public charity and used for charitable purposes is exempt from
taxation. A public charity is any organization or society which devotes its resources to the relief of
the poor, distressed, or underprivileged. A public charity shall receive a majority of its revenue from
donations, public funds, membership fees, or program fees generated solely to cover operating
expenses; it shall lessen a governmental burden by providing its services to people who would
otherwise use governmental services; it shall offer its services to people regardless of their ability
to pay for such services; it shall be nonprofit and recognized as an exempt organization under section
501(c)(3) of the United States Internal Revenue Code, as amended and in effect on January 1, 2013
2014; and it may not have any of its assets available to any private interest.
Section 2. That § 10-4-9.2 be amended to read as follows:
10-4-9.2. Property owned by a benevolent organization and used exclusively for benevolent purposes is exempt from taxation. A benevolent organization is any lodge, patriotic organization, memorial association, educational association, cemetery association, or similar association. A
benevolent organization shall be nonprofit and recognized as an exempt organization under section
501(c)(3), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19) of the United States Internal Revenue
Code, as amended and in effect on January 1, 2013 2014. However, if any such property consists of
improved or unimproved property located within a municipality not occupied or directly used in
carrying out the primary objective of the benevolent organization owning the same, such property
shall be taxed the same as other property of the same class is taxed. However, if any such property
consists of agricultural land, such property shall be taxed the same as other property of the same
class is taxed. For the purposes of this section, an educational association is a group of accredited
elementary, secondary or postsecondary schools. For the purposes of this section, a benevolent
organization also includes a congressionally chartered veterans organization which is nonprofit and
recognized as an exempt organization under section 501(c)(4) of the United States Internal Revenue
Code, as amended and in effect on January 1, 2013 2014.
Section 3. That § 10-4-9.3 be amended to read as follows:
10-4-9.3. Property owned by any corporation, organization, or society and used primarily for
human health care and health care related purposes is exempt from taxation. Such corporation,
organization or society shall be nonprofit and recognized as an exempt organization under section
501(c)(3) of the United States Internal Revenue Code, as amended and in effect on January 1, 2013
2014, and none of its assets may be available to any private interest. The property shall be a health
care facility licensed pursuant to chapter 34-12, orphanage, mental health center or community
support provider regulated under chapter 27A-5, or camp. The facility shall admit all persons for
treatment consistent with the facility's ability to provide health care services required by the patient
until the facility is filled to its ordinary capacity and conform to all applicable regulations of and
permit inspections by the state as otherwise provided by law.
Section 4. That § 10-4-9.4 be amended to read as follows:
10-4-9.4. Any congregate housing facility owned by a corporation, organization, or society is
exempt from certain property taxes, if the facility provides certain health care services and is
recognized as an exempt nonprofit corporation, organization, or society under section 501(c)(3) of
the United States Internal Revenue Code, as amended and in effect on January 1, 2013 2014, and if
none of its assets are available to any private interest. A congregate housing facility does provide
health care services if the facility is an independent group-living environment operated and owned
by a health care facility licensed pursuant to chapter 34-12 which offers a continuum of care,
residential accommodations, and supporting services primarily for persons at least sixty-two years
of age or disabled as defined pursuant to chapter 10-6A. Supporting services include the ability to
provide health care and a food service that satisfies a balanced nutrition program. As part of the
statement required by § 10-4-19, the owner of the congregate housing facility shall submit a
statement to the county director of equalization listing the health cares services provided and method
used to satisfy the balanced nutrition program.
Section 6. That subdivision (7) of § 10-6A-1 be amended to read as follows:
10-43-10.1. Net income, in the case of a financial institution, is taxable income as defined in the
Internal Revenue Code, as amended and in effect on January 1, 2013 2014, and reportable for federal
income tax purposes for the taxable year, but subject to the adjustments as provided in §§ 10-43-10.2
and 10-43-10.3. If a financial institution has elected to file its federal tax return pursuant to 26 USC
§ 1362(a), as amended, and in effect on January 1, 1997, net income shall be computed in the same
manner and in the same amount as if that institution had continued to file its federal tax return
without making the election and the financial institution shall continue to be treated as a separate
corporation for the purposes of this chapter. If a financial institution is organized as a limited liability
company, the limited liability company shall be treated as a separate corporation for the purpose of
this chapter.
Section 10. That subdivision (5) of § 10-45A-1 be amended to read as follows:
35-4-11.9. The renewal fee for any on-sale license issued outside a municipality to a nonprofit
organization, recognized as an exempt organization under section 501(c)(7) or 501(c)(19) of the
United States Internal Revenue Code of 1986, as amended and in effect on January 1, 2013 2014,
which will be in operation less than one hundred fifty days each year shall be established by the
county commission at a rate not to exceed the rate in the nearest municipality.
(HB 1064)
Obsolete provisions and references repealed
concerning weather modification programs.
Section 1. That § 10-12-18 be repealed.
Section 2. That § 10-12-9 be amended to read as follows:
10-12-9. The levy of county taxes pursuant to § 10-12-8 shall include the following purposes:
(HB 1113)
Appropriation to fund tax refunds for elderly and disabled persons.
Section 1. There is hereby appropriated from the general fund the sum of four hundred fifty
thousand dollars ($450,000), or so much thereof as may be necessary, to the Department of Revenue
to provide refunds for real property tax and sales tax to elderly and disabled persons pursuant to
chapters 10-18A and 10-45A. An amount not to exceed twenty thousand dollars may be used for the
administrative costs of this Act.
Section 2. The secretary of the Department of Revenue shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30,
2015, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 4. That § 10-18A-5 be amended to read as follows:
10-18A-5. The amount of refund of real property taxes due or paid for a single-member
household made pursuant to this chapter shall be according to the following schedule:
The refund of real | ||
If household income is | property taxes due | |
more than: | but less than | or paid shall be |
$ 0 |
$ |
35% |
|
|
34% |
|
|
33% |
|
|
32% |
|
|
31% |
|
|
30% |
|
|
29% |
|
|
28% |
|
|
27% |
|
|
26% |
|
|
25% |
|
|
24% |
|
|
23% |
|
|
22% |
|
|
21% |
|
|
20% |
|
|
19% |
|
|
18% |
|
|
17% |
|
|
16% |
|
|
15% |
|
|
14% |
|
|
13% |
|
|
12% |
|
|
11% |
over |
No refund |
10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member
household made pursuant to this chapter shall be according to the following schedule:
The refund of real | ||
If household income is | property taxes due | |
more than: | but not more than | or paid shall be |
$ 0 |
$ |
55% |
|
|
53% |
|
|
51% |
|
|
49% |
|
|
47% |
|
|
45% |
|
|
43% |
|
|
41% |
|
|
39% |
|
|
37% |
|
|
35% |
|
|
33% |
|
|
31% |
|
|
29% |
|
|
27% |
|
|
25% |
|
|
23% |
|
|
21% |
|
|
19% |
over |
No refund |
10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting solely of one person shall be determined as follows:
10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting of more than one person shall be determined as follows:
(HB 1069)
Redemption fee increased for property tax deeds.
Section 1. That § 10-25-9 be amended to read as follows:
10-25-9. The total costs of serving such the notice of intention to take a tax deed, whether by
publication or otherwise, together with the costs of the affidavit and cost of records search, cost of
location of owners, and attorney fee, all such costs and fees combined not to exceed two may not
exceed four hundred dollars,. These costs shall be added to the redemption money if the treasurer
received written notice that the service had begun or was made, and a verified statement of such the
costs was filed in his the treasurer's office, before redemption is made. If more than one description
is included in any such notice, and service is made by publication, the cost of such publication shall
be apportioned among the various descriptions in the proportion that each such description bears to
the entire cost of publication of such the notice.
(HB 1058)
Railroad tax credits reformed.
Section 1. That § 10-28-21.2 be amended to read as follows:
10-28-21.2. Any publicly operated railroad or railway corporation operating over rail lines owned
by the publicly operated railroad or railway corporation located within this state may claim a credit
against the tax levied on such the rail lines for amounts that the railroad or railway corporation has
certified as having been expended in the replacement, improvement, and repair of such the rail lines.
Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant
to this section. The certification required by this section shall be on forms provided by the
Department of Revenue. The labor and material expenses certified pursuant to this section shall be
itemized separately by rail line and mile post locations. The credit provided in this section shall be
applied proportionally across the railroad's entire mainline within this state, excluding any portion
of the mainline that goes over ten million gross ton miles of revenue freight per mile annually in a
calendar year. The credit shall be applied to tax liability over a three-year period in an amount equal
to thirty-three and one-third percent the first year following certification; thirty-three and one-third
percent of such an amount shall carry forward into the second year following certification; and thirty-three and one-third percent shall carry forward into the third year following certification. Each year's
carryover shall be accumulated as a tax credit with other years' annual tax credits. No credit may be
given for the:
10-28-21.3. Expenses of a capital nature contained in § 10-28-21.2 are as defined in CFR 49
Parts 1200 through 1219 Subpart A Uniform Systems of Accounts for Railroad Companies, as
amended through January 1, 2004 2014, for Class 1 railroads or as defined in accordance with
generally accepted accounting principles for regulated industries for Class 2 and Class 3 railroads.
Section 3. That § 10-28-21.4 be amended to read as follows:
10-28-21.4. Each year the railroad or railroad corporation requesting tax credits shall prepare a
capital improvement plan detailing the proposed mainline and secondary line capital improvement
projects including the project scope, estimated value, approximate scheduling of the projects, and
the current category of the line on the railroad's system diagram map as provided in 49 CFR
§ 1152.10 as of January 1, 2004 2014. The plan shall be presented to the Department of
Transportation by March first of each year for any capital improvement project for which a tax credit
will be requested.
Section 4. That § 10-28-21.5 be amended to read as follows:
10-28-21.5. The railroad shall annually notify the Department of Transportation of completion
of any capital project. However, if the cost of the capital project exceeds three hundred thousand
dollars, the railroad shall notify the department immediately upon completion. The department may
conduct a verification inspection of capital improvement project completion and may audit the
capital improvement project according to South Dakota Department of Transportation Audit
guidelines and the Federal-Aid Policy Guide 23 CFR Chapter 1, Subchapter B, Part 140, Subpart 1,
as amended through January 1, 2004 2014, to determine project value. The department shall report
its findings to each county where the railroad has requested a tax credit. Only those capital expenses
that have been claimed on the railroad's certification and verified by the department are eligible for
a credit pursuant to § 10-28-21.2. Any railroad aggrieved by the decision of the department
concerning the eligibility of a claimed capital expenditure for the tax credit authorized by § 10-28-21.2 is entitled to an administrative hearing conducted in accordance with the provisions of chapter
1-26.
(HB 1057)
Inheritance and estate tax revisions.
Section 1. That § 10-40-2 be repealed.
Section 2. That § 10-40-1 and §§ 10-40-3 to 10-40-28, inclusive, be repealed.
Section 3. That § 10-40A-2 be repealed.
Section 4. That § 10-40A-1 and §§ 10-40A-3 to 10-40A-13, inclusive, be repealed.
Section 5. That §§ 10-41-1 to 10-41-85, inclusive, be repealed.
(HB 1200)
Bank franchise tax revisions
regarding net income and net operating losses.
Section 1. That § 10-43-10.2 be amended to read as follows:
10-43-10.2. Additional items of Added to taxable income are:
off within the tax year;
10-43-10.3. Subtracted from taxable income are:
Code;
10-43-10.4. No carryover carryback of net operating losses or capital losses may be deducted
from the items of additional taxable income includable net income for state tax purposes pursuant
to § 10-43-10.2.
Section 4. That chapter 10-43 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That ARSD 64:26:03:12 be repealed.
Section 6. The effective date of this Act is January 1, 2015.
(HB 1201)
Bank franchise tax apportionment of income revised.
Section 1. That § 10-43-23.1 be amended to read as follows:
10-43-23.1. The property factor used in § 10-43-22.1 is a fraction, the numerator of which is the
average value of the financial institution's real and tangible property owned or rented and used in this
state during the tax period and the denominator of which is the average value of all the financial
institution's real and tangible personal property owned or rented and used everywhere during the tax
period in all the states of the United States, the District of Columbia, and any territory or political
subdivision thereof.
Section 2. That § 10-43-24.1 be amended to read as follows:
10-43-24.1. The payroll factor used in § 10-43-22.1 is a fraction, the numerator of which is the
total amount paid in this state during the tax period by the financial institution for compensation, and
the denominator of which is the total compensation paid in all states of the United States, the District
of Columbia, and any territory or political subdivision thereof everywhere during the tax period.
Section 3. That § 10-43-24.2 be amended to read as follows:
10-43-24.2. Compensation is paid in this state if:
Section 5. That § 10-43-25.1 be amended to read as follows:
10-43-25.1. The receipts factor used in § 10-43-22.1 is a fraction, the numerator of which is the
total receipts of the financial institution in the state during the tax period, and the denominator of
which is the total receipts of the financial institution in all the states of the United States, the District
of Columbia, and all territories and political subdivisions thereof everywhere during the tax period.
Section 6. That § 10-43-25.2 be amended to read as follows:
10-43-25.3. Fees, other than those described in § 10-43-25.2, commissions, service charges, and
other receipts from the rendering of financial or fiduciary services shall be included in the numerator
specified in § 10-43-25.1 if the service is principally performed in South Dakota unless the fees,
commissions, service charges, and other receipts are affiliated service income as provided in § 10-43-25.8.
Section 8. That § 10-43-25.4 be amended to read as follows:
10-43-25.4. Receipts from the rental of real or tangible personal property shall be attributed to
this state included in the numerator specified in § 10-43-25.1 if the property is principally located
in South Dakota.
Section 9. That § 10-43-25.5 be amended to read as follows:
10-43-25.5. Interest, dividends, and net gains from transactions in securities, including stocks,
bonds, and all other money markets instruments, are attributed to this state shall be included in the
numerator specified in § 10-43-25.1 if the financial institution's principal place of business is in
South Dakota.
Section 10. That § 10-43-25.6 be amended to read as follows:
10-43-25.6. Notwithstanding the provisions of § 10-43-25.5, receipts from securities used to
maintain reserves against deposits to meet federal and state reserve requirements shall be attributed
to this state included in the numerator specified in § 10-43-25.1 based on the ratio that the deposits
in South Dakota bear to total deposits in all of the states of the United States, District of Columbia,
and any territory or subdivision thereof everywhere during the tax period.
Section 11. That § 10-43-25.7 be amended to read as follows:
10-43-25.7. Receipts from securities owned by a financial institution but held or pledged to
secure public or trust funds shall be attributed to this state included in the numerator specified in
§ 10-43-25.1 if the financial institution's office where the deposits are maintained is in South Dakota.
Section 12. That § 10-43-25.8 be amended to read as follows:
10-43-25.8. Affiliated service income shall be included in the numerator specified in § 10-43-25.1 only if the income relates to:
10-43-25.9. For the purposes of §§ 10-43-25.3 and 10-43-25.8, affiliated service income means
fees, commissions, service charges, and other receipts from the production or servicing of loans or
credit card receivables by a nondepository financial institution for another nondepository financial
institution, if each nondepository financial institution is in the same affiliated group for purposes of
filing a consolidated federal corporate income tax return.
Section 14. That ARSD 64:26:02:08 be repealed.
Section 15. That ARSD 64:26:02:09 be repealed.
Section 16. That ARSD 64:26:02:10 be repealed.
Section 17. The effective date of this Act is January 1, 2015.
(HB 1070)
Sunset certain tax refund claims for an economic development.
Section 1. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as
follows:
(SB 55)
Contractor's excise tax
on new or expanded power production facilities repealed.
Section 1. That § 10-46C-1 be repealed.
Section 2. That § 10-46C-3 be repealed.
Section 3. That § 10-46C-4 be repealed.
Section 4. That § 10-46C-5 be repealed.
Section 5. That § 10-46C-6 be repealed.
Section 6. That § 10-46C-7 be repealed.
Section 7. That § 10-46C-8 be repealed.
Section 8. That § 10-46C-9 be repealed.
Section 9. That § 10-46C-10 be repealed.
Section 10. That § 10-46C-11 be repealed.
(SB 93)
Certain gas taxes revised.
Section 2. That § 10-47B-3 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
Section 3. That subdivision (6) of § 10-47B-3 be amended to read as follows:
10-47B-4. The fuel excise tax rates for the tax imposed by this chapter are as follows:
Section 12. That section 3 of chapter 54 of the 2008 Session Laws be amended to read as
follows:
Section 3. That § 10-47B-4 be amended to read as follows:
10-47B-4. The fuel excise tax rates for the tax imposed by this chapter are as follows:
10-47B-11. A fuel excise tax is imposed on liquid petroleum gas and, compressed natural gas,
and liquid natural gas sold or used by licensed vendors in this state for use in motor vehicles unless
liquid petroleum gas is sold to a licensed liquid petroleum gas user. The tax imposed shall be at the
rate provided for in § 10-47B-4.
Section 9. That § 10-47B-27 be amended to read as follows:
10-47B-27. The tax imposed by § 10-47B-11 shall be remitted by the liquid petroleum gas
vendor or, compressed natural gas vendor, or liquid natural gas vendor.
Section 10. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. That § 10-47B-168 be amended to read as follows:
10-47B-168. For the purpose of determining the amount of liquid petroleum gas and, compressed
natural gas, and liquid natural gas tax due, each liquid petroleum gas and, natural gas, and liquid
natural gas vendor shall file with the department a monthly report by electronic means on an
electronic reporting system furnished by the department. In addition to the information required
pursuant to § 10-47B-170, the department may require the reporting of any information reasonably
necessary to determine the amount of fuel excise tax due.
Section 12. That § 10-47B-170 be amended to read as follows:
10-47B-170. The vendors shall report pursuant to § 10-47B-168:
Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day on which the Federal Reserve Bank
is closed.
(SB 51)
Roll your own tobacco regulated.
Section 1. That § 10-50-30 be amended to read as follows:
10-50-30. Each distributor shall affix or cause to be affixed, in the manner as the secretary of
revenue may specify in rules promulgated pursuant to chapter 1-26, to each individual package of
cigarettes, to cartons containing more than one individual package of three, four, or five cigarettes
sold or distributed by such distributor, stamps of the proper denomination, as required by this
chapter. The stamps shall be affixed by a distributor before the cigarettes are transferred out of the
distributor's premises, or in lieu thereof the amount of the tax due shall be entered on the invoice and
stamps sufficient in denominations and amount shall accompany the invoice on every delivery of
cigarettes.
Section 2. That § 10-50-31 be amended to read as follows:
10-50-31. Each dealer upon opening any shipping package containing any unstamped taxable
articles for purposes of sale or delivery to consumers, shall immediately affix the tax stamps required
by this chapter return the cigarettes to the distributor.
Section 3. That § 10-50-32 be amended to read as follows:
10-50-32. No person, other than a licensed distributor, may sell, offer for sale, display for sale,
or possess with intent to sell, advertise for sale, ship or cause to be shipped, or possess with intent
to deliver to another person, any cigarettes, including cigarettes made by a roll-your-own machine
as described in § 10-50-105, which do not bear stamps evidencing the payment of the tax imposed
by this chapter.
Section 4. That § 10-50-61 be amended to read as follows:
10-50-61. In addition to the tax imposed by § 10-50-3, there is imposed, whether or not a sale occurs, a tax upon all tobacco products in this state and upon any person engaged in business as a licensed distributor or licensed wholesaler thereof, at the rate of thirty-five percent of the wholesale purchase price of such tobacco products. Such tax shall be imposed at the time the distributor or wholesaler brings or causes to be brought into this state tobacco products for sale; makes, manufactures, or fabricates tobacco products in this state for sale in this state; or ships or transports tobacco products to dealers in this state to be sold by those dealers. For the purposes of this chapter, wholesale purchase price is the price for which a manufacturer sells tobacco products to a licensed
distributor or licensed wholesaler exclusive of any discount or other reduction.
Section 5. That § 10-50-62 be amended to read as follows:
10-50-62. Tobacco products may be sold by licensed distributors and licensed wholesalers only
to dealers. Tobacco dealers may purchase tobacco products and cigarettes only from wholesalers and
distributors licensed by the State of South Dakota who have paid all taxes as required by this chapter
on the tobacco products or cigarettes sold to the dealer. A violation of this section is a Class 2
misdemeanor.
Section 6. That § 10-50-105 be amended to read as follows:
10-50-105. Any person that maintains or provides a machine at any retail establishment that
enables any consumer to process at that establishment tobacco or any product that is made or derived
from tobacco into a roll or tube is deemed to be a manufacturer of cigarettes. This includes a person
who owns or possesses an automated roll-your-own machine that is used to make cigarettes, but does
not include a person who owns or possesses a roll-your-own machine and uses the machine in the
person's residence solely to make cigarettes for his or her own personal use or for the personal use
of other individuals who reside at the residence.
Section 7. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as
follows:
Section 9. That § 34-49-1 be amended to read as follows:
34-49-1. Terms used in this chapter mean:
(SB 176)
Secretary of the Department of Revenue may reduce or abate taxes.
Section 1. That § 10-59-31 be amended to read as follows:
10-59-31. The secretary may reduce or abate the taxes, interest, and penalty relating to certain
transactions in cases where the taxpayer can show that there is widespread bonafide
misunderstanding of the application of the taxes to the transactions, and that the taxpayer made a
good faith effort to determine the taxability of the transactions through written communications with
the department.
(SB 56)
Auditing standards updated.
Section 1. That § 10-59-35 be amended to read as follows:
10-59-35. Any audit performed by the Department of Revenue shall be in accordance with
generally accepted auditing standards as published by the American Institute of Certified Public
Accountants in their the publications entitled Statements of on Auditing Standards in effect on
January 1, 1994 2014. Prior to the issuance of a certificate of assessment, the department shall
furnish the taxpayer with a proposed list of taxable items. Such The list shall be in writing. The
department shall hold a conference with the taxpayer to review the list of taxable items, and the
taxpayer may in writing protest the inclusion of any of the proposed taxable items. Such The protest
may be included in any appeal of the department's certificate of assessment.
(HB 1091)
Property maintenance code for counties and municipalities.
(HB 1096)
Initiated measure or referendum petitions may be challenged.
Section 1. That § 12-1-13 be amended to read as follows:
12-1-13. Within five business days after a nominating, initiative, or referendum petition is filed
with the person in charge of the election, any interested person who has researched the signatures
contained on the petition may file an affidavit stating that the petition contains deficiencies as to the
number of signatures from persons who are eligible to sign the petition. The affidavit shall include
an itemized listing of the specific deficiencies in question. Any statewide initiated measure or
referendum petition may be challenged by any person pursuant to this section by filing an affidavit
as set forth above within thirty days after the petition is filed with the person in charge of the
election.
(SB 35)
An election may be delayed for an emergency.
Section 1. That § 12-2-4 be amended to read as follows:
12-2-4. Notwithstanding § 12-2-3, the county auditor may, upon request of the superintendent
of an election precinct, if an emergency exists by reason of mechanical failure of a voting machine
or an unanticipated shortage of ballots or like unforeseen event warrants it, extend the polling hours
for that precinct until the emergency situation has been resolved. The governing body holding a local
election may delay the opening of any polling place for any election except a primary or general
election for one week if weather conditions make it impossible to open at the correct time. The
polling place shall then remain open for the same number of hours as it would normally have been
open. If the emergency situation is not resolved within two hours, except for a primary or general
election, the polling place shall remain closed for one week and reopen at the time of the closure of
the polling place.
Section 2. That chapter 12-2 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 12-2 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1074)
Certain actions prohibited near polling places.
Section 1. That § 12-18-3 be amended to read as follows:
12-18-3. Except for sample ballots and materials and supplies necessary for the conduct of the
election, no person may, in any polling place or within or on any building in which a polling place
is located or within one hundred feet from any entrance leading into a polling place, maintain an a
campaign office or public address system, or use any communication or photographic device in a
manner which repeatedly distracts, interrupts, or intimidates any voter or election worker, or display
campaign posters, signs, or other campaign materials or by any like means solicit any votes for or
against any person or political party or position on a question submitted or which may be submitted.
No person may engage in any practice which interferes with the voter's free access to the polls or
disrupts the administration of the polling place, or conduct any petition signature gathering, on the
day of an election, within one hundred feet of a polling place. For the purposes of this section, the
term, polling place, means a designated place voters may go to vote on the day of the election or go
to vote absentee. A violation of this section is a Class 2 misdemeanor.
(SB 34)
Absentee ballot requirements changed.
Section 1. That § 12-19-2 be amended to read as follows:
12-19-2. An absentee voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request shall be made in writing and be signed by the applicant and shall state the applicant's voter registration address. The application or request shall contain an oath verifying the validity of the information contained in the application or request. The oath shall be administered by a notary public or other officer authorized by statute to administer an oath. If the application or request does not contain an oath, the application or request shall be accompanied by a copy of the voter's identification card as required by § 12-18-6.1. The copy of the voter's identification card shall be maintained by the person in charge of the election. However, the voter's identification card is not available for public inspection. The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated. The ballot shall be sent to the voter's residence,
as shown in the voter registration file or any temporary residence address designated in writing by
the voter, at the time of applying for the absentee ballot. If the application or request is for a primary,
general, or other statewide election from a voter identified as being covered by the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) as of January 1, 2010, the voter may
designate on the application for the ballot to be sent electronically pursuant to this section through
the system provided by the Office of the Secretary of State. The person in charge of the election shall
stamp the application with the date it was received. The person in charge of the election shall
preserve a record of the name, mailing address, and voting precinct of each applicant and, except as
provided by § 12-19-45, deliver a copy of the record to the superintendent of the election board of
the home precinct of the applicant.
Section 2. That chapter 12-4 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1021)
Contested case to include student discipline.
Section 1. That subdivision (2) of § 1-26-1 be amended to read as follows:
(SB 97)
Revoke licensure obtained through fraudulent degrees.
Section 1. That § 13-1-52 be amended to read as follows:
13-1-52. No person may knowingly use a false academic degree or falsely claim to have a valid
academic degree for the following purposes:
Section 2. That § 13-1-53 be amended to read as follows:
13-1-53. No person, for the following purposes, may knowingly use any false degree, certificate,
diploma, transcript, or other document indicating that the person has completed an organized
program of study or completed courses when the person has not completed the organized program
of study or the courses indicated on the degree, certificate, diploma, transcript, or document or
falsely claim to have any valid degree, certificate, diploma, transcript, or other such document:
(SB 64)
Common core delay in implementation.
Section 1. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That § 13-3-89 be amended to read as follows:
13-3-89. Beginning on July 1, 2012, the The Board of Education, prior to adopting any content
standards proposed through the Common Core State Standards Initiative, a state-led effort launched
by state leaders through their membership in the National Governors Association Center for Best
Practices and Council of Chief State School Officers pursuant to § 13-3-48, shall conduct, over a
period of one year no less than six months, at least four public hearings. The purpose of the hearings
is to give members of the public the opportunity to provide input to the board on whether the
standards being proposed through the initiative should be adopted and implemented in South Dakota.
The board shall conduct at least one of the public hearings in each of the following cities: Aberdeen,
Pierre, Rapid City, and Sioux Falls. No public hearing required pursuant to this section is valid
unless a quorum of the board is physically present at each of these public hearings.
Section 3. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:
via United States mail or e-mail, requested notice of the hearings referenced in § 13-3-89.
(SB 63)
Privacy of the records of individual students, protected.
Section 1. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:
13-3-51. The secretary of the Department of Education shall establish a uniform system for the
gathering and reporting of educational data for the keeping of adequate educational and financial
records and for the evaluation of educational progress. Any school district or school seeking state
accreditation shall submit enrollment data, personnel data, and shall verify all state and federal
standards for accreditation and approval of schools, including those related to safety and educational
equity of the school district or school by October fifteenth of each year. If the due date falls on a
weekend or state holiday, the due date is the next business day following the scheduled due date. An
annual written evaluation of the educational progress in the state and in each school district shall be
submitted to the Legislature and shall be made available in each school district to the general public.
The South Dakota Board of Education may promulgate rules pursuant to chapter 1-26 to further
define the data required pursuant to this section. However, nothing in this section authorizes the
collection of information not necessary for the calculation of funding for public education, the
determination of student academic progress, state and federal reporting requirements, or other duties
prescribed to a school district, the department, or the state board of education by law.
Section 3. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:
Section 7. Nothing in this Act prohibits the disclosure of aggregate data necessary to make an
application for impact aid pursuant to Title VIII of the Elementary and Secondary Education Act.
(HB 1071)
Minor boundary change criteria changed.
Section 1. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1126)
Persons authorized to countersign school board payments.
Section 1. That § 13-8-26 be amended to read as follows:
13-8-26. It shall be the duty of the The president of the school board to shall appoint all
committees, and shall preside at the meetings of the board. The president, or in his the president's
absence the vice president, shall any board member designated by the school board at a board
meeting, shall countersign all checks or warrants drawn by the business manager which have been
authorized for payment by the school board.
(SB 145)
Schools to provide instruction in cardiopulmonary resuscitation.
Section 1. The secretary of education shall annually identify cardiopulmonary resuscitation
(CPR) as a recommended skill that all schools should include within school health curriculum and
shall inform school districts of resources and training available to assist schools to provide
instruction in CPR and the use of automated external defibrillators.
Section 2. Any training resources the secretary of education recommends pursuant to section 1
of this Act shall be nationally recognized, use the most current national guidelines for CPR and
emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.
Section 3. The secretary of education shall electronically survey school districts regarding
whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of
automated external defibrillators is offered. The survey must gather data regarding what grades, for
what period of time, and in connection with what course of instruction, if any, the training is offered.
The secretary shall submit a report of the results of this data collection to the Senate and House
standing committees on education and health and human services no later than December 1 of each
year.
(SB 37)
State aid to education formula revised.
Section 1. That subdivision (4) of § 13-13-10.1 be amended to read as follows:
(SB 188)
Per student allocation increased.
Section 1. That subdivision (4) of § 13-13-10.1 be amended to read as follows:
(HB 1150)
Pledge of allegiance, time allowed each day.
Section 1. That § 13-24-17.2 be amended to read as follows:
13-24-17.2. The right to post the United States flag shall not be limited or infringed upon in any
public school classroom, public school building, at any public school event, or on any public school
uniform. The right to recite Each school district shall provide students the opportunity to salute the
United States and the flag each day by reciting the pledge of allegiance to the flag of the United
States shall not be limited or infringed upon, and the. A student may choose not to participate in the
salute to the United States and the flag. However, a student who does not participate in the salute
shall maintain a respectful silence during the salute. The national anthem may be sung during any
school day or school event.
(HB 1249)
The hours in a school term for certain grade levels, specified.
Section 1. That § 13-26-1 be amended to read as follows:
13-26-1. The school fiscal year shall begin July first and end June thirtieth. Each local school
board shall set the number of days in a school term, the length of a school day, and the number of
school days in a school week. The local school board or governing body shall establish the number
of hours in the school term for kindergarten programs, which may not be less than four hundred
thirty-seven and one-half hours. The Board of Education shall promulgate rules pursuant to chapter
1-26 setting the minimum number of hours in the school term for grades one through three. The
number of hours in the school term for grades one through five may not be less than eight hundred
seventy-five hours, exclusive of intermissions. The number of hours in the school term for grades
four six through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive
of intermissions. An intermission is the time when pupils are at recess or lunch.
(HB 1164)
Start of school, opening day decision may be referred.
Section 1. That § 13-26-9 be amended to read as follows:
13-26-9. A decision by a school board to schedule the opening day of classes before the first
Tuesday following the first Monday in September may be referred to a vote of the qualified voters
of the school district by the filing of a petition signed by five percent of the registered voters in the
school district, based upon the total number of registered voters voting at the last preceding general
election, for districts with more than five thousand registered voters. Petitions in districts with less
than five thousand registered voters must be signed by five percent of the total number of registered
voters at the last preceding general election. The board in scheduling the opening day of classes shall
allow sufficient time for the referendum process authorized in this section.
(HB 1032)
Children placed in a residential treatment center,
tuition responsibility clarified.
Section 1. That § 13-28-11 be amended to read as follows:
13-28-11. If a child is residing in a residential treatment center or an intensive residential
treatment center which provides care for children who are not living with their parents or guardian,
the school residence of the child is the school district where the parents or guardian reside, subject
to the provisions of § 13-28-9.
Section 2. That § 13-13-87 be amended to read as follows:
13-13-87. A school district providing education for children in a residential treatment center or
intensive residential treatment center shall receive an amount equal to the current year's per student
allocation as defined in subdivision 13-13-10.1(4) multiplied by the average daily membership, in
the prior school year, for residentially-placed students attending each residential treatment center or
intensive residential treatment center for whom tuition is paid by another school district pursuant to
§ 13-28-11. This section applies only to an educational program provided through a school district.
(SB 182)
Dual education credit revisions.
Section 1. That § 13-28-37 be amended to read as follows:
13-28-37. Any student in grades nine, ten, eleven, or twelve may apply to an institution of higher
education or a postsecondary vocational education institution technical institute as a special student
in a course or courses offered at the institution of higher education or postsecondary vocational
education institution technical institute. The student shall obtain the school district's approval of the
postsecondary course or courses prior to enrolling. If approved, the student shall receive full credit
toward high school graduation as well as postsecondary credit for each postsecondary course. The
resident school district or the state may pay all or part of the tuition and fees for a course approved
for credit toward high school graduation in accordance with this section. The student is responsible
for any tuition and fees not paid by the resident school district or the state and for any other costs
involved with attending a postsecondary institution.
Section 2. That § 13-33-29 be amended to read as follows:
13-33-29. No school district may grant credit for any course successfully completed through
distance learning as defined in § 13-33-20 unless the course is offered through the South Dakota
Virtual School.
(HB 1033)
Open enrollment application review process for siblings modified.
Section 1. That § 13-28-43 be amended to read as follows:
13-28-43. A student's parent or legal guardian who wishes to enroll the student, or an
emancipated student who wishes to enroll, under the provisions of §§ 13-28-40 to 13-28-47,
inclusive, in a South Dakota school district other than the resident district or in a school within the
resident district other than the school to which the student has been assigned shall apply on forms
provided by the Department of Education.
(SB 113)
Student suspension revised.
Section 1. That § 13-32-9 be amended to read as follows:
13-32-9. Any person adjudicated, convicted, the subject of an informal adjustment or court-approved diversion program, or the subject of a suspended imposition of sentence or suspended
adjudication of delinquency for possession, use, or distribution of controlled drugs or substances or
marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise taking into the body
any substances as prohibited by § 22-42-15, is ineligible to participate in any extracurricular activity
at any secondary school accredited by the Department of Education for one calendar year from the
date of adjudication, conviction, diversion, or suspended imposition of sentence. The one-year
suspension may be reduced to sixty school thirty calendar days if the person participates in an
assessment with a certified chemical dependency or licensed addiction counselor or completes an
accredited intensive prevention or treatment program. If the assessment indicates the need for a
higher level of care, the student is required to complete the prescribed program before becoming
eligible to participate in extracurricular activities. Upon a second adjudication, conviction, diversion,
or suspended imposition of a sentence for possession, use, or distribution of controlled drugs,
substances, or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise taking
into the body any substance as prohibited by § 22-42-15, by a court of competent jurisdiction, that
person is ineligible to participate in any extracurricular activity at any secondary school accredited
by the Department of Education for one year from the date of adjudication, conviction, diversion,
or suspended imposition of sentence. The one year suspension may be reduced to sixty calendar days
if the person completes an accredited intensive prevention or treatment program. Upon a third or
subsequent adjudication, conviction, diversion, or suspended imposition of sentence for possession,
use, or distribution of controlled drugs or substances or marijuana as defined in chapter 22-42, or for
ingesting, inhaling, or otherwise taking into the body any substances as prohibited by § 22-42-15,
by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular
activity at any secondary school accredited by the Department of Education. Upon such a
determination in any juvenile court proceeding the Unified Judicial System shall give notice of that
determination to the South Dakota High School Activities Association and the chief administrator
of the school in which the person is participating in any extracurricular activity. The Unified Judicial
System shall give notice to the chief administrators of secondary schools accredited by the
Department of Education for any such determination in a court proceeding for any person eighteen
to twenty-one years of age without regard to current status in school or involvement in
extracurricular activities. The notice shall include name, date of birth, city of residence, and offense.
The chief administrator shall give notice to the South Dakota High School Activities Association
if any such person is participating in extracurricular activities.
Section 2. That chapter 13-32 be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 13-32 be amended by adding thereto a NEW SECTION to read as
follows:
adjustment or court approved diversion program, or the subject of a suspended imposition of a
sentence or a suspended adjudication of delinquency for possession, use, or distribution of controlled
drugs, substances, or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise
taking into the body any substance prohibited by § 22-42-15 and the school administrator gives
notice to the South Dakota High School Activities Association and the students.
(HB 1167)
Schools may maintain a stock
and administer epinephrine auto-injectors.
Section 1. Any school may acquire and maintain a stock of epinephrine auto-injectors pursuant
to a prescription issued by an authorized health care provider for use in an emergency situation of
a severe allergic reaction causing anaphylaxis. The provisions of this section are not subject to the
prescription requirements in subdivision 36-11-2(21).
Section 2. Each school shall adopt a policy for the use and storage of epinephrine auto-injectors
and shall notify the parents or guardians of each student about the policy.
Section 3. Any school nurse or other designated school personnel, upon authorization by the
governing school body, may:
personnel that possess or make available epinephrine auto-injectors pursuant to this Act; authorized
health care provider that prescribes epinephrine auto-injectors to a school; or a health care
professional that provides training pursuant to section 4 of this Act may be held liable for any injury
or related damage that results from the administration of, self-administration of, or failure to
administer an epinephrine auto-injector that may constitute ordinary negligence. This immunity does
not apply to an act or omission constituting gross, willful, or wanton negligence. The administration
of an epinephrine auto-injector in accordance with the provisions of this Act does not constitute the
practice of medicine. The immunity from liability provided under this section is in addition to, not
in lieu of, that provided in any other law.
(SB 90)
The High School Activities Association, regulated.
Section 1. That § 13-36-4 be amended to read as follows:
13-36-4. The school board of a public school, approved and accredited by the secretary of the
Department of Education, may delegate, on a year to year basis, the control, supervision, and
regulation of any high school interscholastic activities to any association which is voluntary and
nonprofit if membership:
or the Association of Classical and Christian Schools (ACCS), or Christian Schools International
(CSI), or National Lutheran School Accreditation (NLSA), or Wisconsin Evangelical Lutheran
Synod School Accreditation, may also delegate, on a year to year basis, the control, supervision, and
regulation of any high school interscholastic activities to any association which is voluntary and
nonprofit if membership in such association is open to all high schools approved and accredited
pursuant to this section, including any school that allows participation by students receiving
alternative instruction as set forth in § 13-27-3, pursuant to the provisions of this title, and if the
constitution, bylaws, and rules of the association are subject to ratification by the school boards of
the member public school districts and the governing boards of the member nonpublic schools and
include a provision for a proper review procedure and review board.
Section 2. That § 1-25-2 be amended to read as follows:
1-25-2. Executive or closed meetings may be held for the sole purposes of:
(SB 38)
Special education state aid formula revised.
Section 1. That § 13-37-16 be amended to read as follows:
13-37-16. For taxes payable in 2014 2015, and each year thereafter, the school board shall levy
no more than one dollar and fifty-five and two forty-seven and eight tenths cents per thousand dollars
of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount
so determined to be necessary, and such levy shall be spread against all of the taxable property of
the district. The proceeds derived from such levy shall constitute a school district special education
fund of the district for the payment of costs for the special education of all children in need of special
education or special education and related services who reside within the district pursuant to the
provisions of §§ 13-37-8.2 to 13-37-8.10, inclusive. The levy in this section shall be based on
valuations such that the median level of assessment represents 85% of market value as determined
by the Department of Revenue. The total amount of taxes that would be generated at the levy
pursuant to this section shall be considered local effort. Money in the special education fund may
be expended for the purchase or lease of any assistive technology that is directly related to special
education and specified in a student's individualized education plan. This section does not apply to
real property improvements.
Section 2. That § 13-37-35.1 be amended to read as follows:
13-37-35.1. Terms used in chapter 13-37 mean:
July 1, 2012 2014, is $4,525 $4,800.57. For each school year thereafter, the allocation for
a student with a level one disability shall be the previous fiscal year's allocation for such
child increased by the lesser of the index factor or three percent;
(HB 1031)
Autism spectrum disorder defined for state aid.
Section 1. That § 1-45-13.1 be repealed.
Section 2. That § 13-37-28 be amended to read as follows:
13-37-28. For the purposes of this chapter, the Department of Education shall use the definition
of autism spectrum disorder contained in the Diagnostic and Statistical Manual of Mental Disorders,
Fourth Fifth Edition, published by the American Psychiatric Association to define autistic spectrum
disorder in rules promulgated pursuant to chapter 1-26.
Section 3. That § 13-37-36.2 be amended to read as follows:
13-37-36.2. For the purpose of calculating state aid pursuant to this chapter, a level five disability
shall meet criteria for at least two disability categories in levels two and three to four, inclusive,
excluding the disability of deaf-blindness.
(HB 1142)
Local and state support for postsecondary technical institutes,
and an appropriation.
Section 1. That chapter 9-21 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 7-18 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That § 13-16-3 be amended to read as follows:
13-16-3. The general fund of the school district is a fund provided by law to meet all the operational costs of the school district, excluding capital outlay fund and special education fund expenditures pursuant to § 13-13-37, and to redeem all outstanding warrants against the general fund. Notwithstanding the provisions of § 13-16-6, the general fund may be used to purchase or lease computer hardware and software. The general fund may be used to support a postsecondary technical institute and other career and technical education purposes.
13-39-38. The secretary of education shall apportion and distribute funds made available for
postsecondary technical institutes through a formula approved by the South Dakota Board of
Education to the LEAs having jurisdiction over postsecondary technical institutes to assist in
maintaining and operating those schools. The use of the funds are subject to rules promulgated by
the state board pursuant to subdivision 13-39-37(3) and in accordance with the approved state plan
for career and technical education. However, the formula approved by the South Dakota Board of
Education may not reduce or increase the apportionment and distribution to any postsecondary
technical institute as a result of any municipal, county, or LEA financial support.
Section 5. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. There is established a postsecondary technical institute equipment fund.
Section 7. One million five hundred thousand dollars ($1,500,000) from the current balance of
the postsecondary technical institutes facilities fund shall be transferred to the postsecondary
technical institute equipment fund provided the collateral requirements associated with the
postsecondary technical institute facilities fund have been released or satisfied.
Section 8. Any money in the postsecondary technical institute equipment fund is continuously
appropriated for distribution as provided in this section. The secretary of education shall grant the
money to the postsecondary technical institutes to purchase equipment. Equipment purchases shall
be based upon priorities established by each postsecondary technical institute, approved by each
postsecondary technical institute's governing body and approved by the South Dakota Board of
Education.
Section 9. There is hereby appropriated from the general fund the sum of two hundred fifty
thousand dollars ($250,000), or so much thereof as may be necessary, to the Department of
Education for the maintenance and repair of the postsecondary technical institute buildings to be
apportioned and distributed by the South Dakota Board of Education.
Section 10. The secretary of education shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized by this Act.
Section 11. Any amounts appropriated in this Act not lawfully expended or obligated by June 30,
2015, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 12. That § 1-16A-95 be amended to read as follows:
1-16A-95. Beginning on July 1, 2013, the issuance of any additional bonds, notes, or other obligations of the authority which are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Education under the authority of chapter 13-39 shall be approved by the Legislature
before issuance. This requirement, however, does not apply to the issuance of bonds for the purposes
of refinancing or refunding existing bonds, notes, or other obligations.
Section 13. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1030)
Teacher evaluation records are confidential.
Section 1. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1181)
Certification of health for a school employee, required.
Section 1. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1019)
A multistate state authorization reciprocity agreement
for distance education activities.
Section 1. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1029)
Hagen-Harvey memorial scholarship requirements changed.
Section 1. That § 13-55-40 be amended to read as follows:
13-55-40. Scholarship award payments shall be made to the institution at the beginning of the
fall or spring semester on behalf of the eligible student who has received a Richard Hagen-Minerva
Harvey memorial scholarship. The amount of the award is as follows:
Section 2. That § 13-55-41 be repealed.
Section 3. That § 13-55-42 be amended to read as follows:
13-55-42. In order to maintain eligibility, a student who has been awarded a Richard Hagen-Minerva Harvey memorial scholarship shall:
Section 4. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1022)
Spearfish, Board of Regents may purchase property.
Section 1. There is hereby appropriated the sum of one dollar ($1), or so much thereof as may
be necessary, in other fund expenditure authority to the Board of Regents, payable from childcare
revenues, for the purchase of improved real estate property on behalf of Black Hills State University.
The real property to be purchased is to be described as follows: Tract 1 of Lot lA, in West ½ of the
Northwest ¼ of the Southeast ¼, Section 9, Township 6 North, Range 2 East, Black Hills Meridian,
Spearfish, Lawrence County, South Dakota.
Section 2. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
(HB 1112)
Swine teaching and research facilities appropriation.
Section 1. That section 2 of chapter 82 of the 2013 Session Laws be amended to read as follows:
Section 2. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1175)
Board of Regents may expand university facilities
at the University of South Dakota, and an appropriation.
Section 1. The Board of Regents may contract for the expansion of the graduate education and
applied research center and the University of South Dakota Research Park located in Sioux Falls,
South Dakota.
Section 2. There is hereby appropriated from the general fund the sum of one million dollars
($1,000,000), or so much thereof as may be necessary, to the Board of Regents for the purposes of
this Act.
Section 3. The Board of Regents may accept, transfer, and expend any funds obtained for these
purposes from federal sources, gifts, and contributions, or any other source, all of which shall be
deemed appropriated for the purposes of this Act.
Section 4. The design and construction of the project shall be under the general charge and
supervision of the Bureau of Administration as provided in chapter 5-14.
Section 5. The commissioner of the Bureau of Administration and the executive director of the
Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay
expenditures authorized by this Act.
Section 6. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 16)
Board of Regents may purchase certain property
in Brookings, South Dakota.
Brookings County and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may purchase improved real estate property on behalf of South
Dakota State University for a sum not to exceed one million four hundred ten thousand dollars
($1,410,000), or so much thereof as may be necessary, which sum is hereby appropriated to the
Board of Regents from other funds derived from grant and contract indirect recovery funds, royalty
funds, and income from sales of services. The real property to be purchased, comprising one hundred
thirty-five acres of lands, more or less, together with a house and related improvements, is described
as follows: the Southwest Quarter (SW¼), excluding Blocks One (1), Two (2), Three (3) and Four
(4), in Section Fourteen (14), Township One Hundred Ten (110) North, Range Fifty (50) West of
the 5th P.M., in the City of Brookings, County of Brookings, State of South Dakota.
Section 2. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
(SB 17)
Board of Regents may purchase certain improved real property
in Brookings, South Dakota.
Section 1. The Board of Regents may purchase improved real estate property on behalf of South
Dakota State University for a sum not to exceed eight hundred eighty-eight thousand seven hundred
dollars ($888,700), or so much thereof as may be necessary, which sum is hereby appropriated to the
Board of Regents from other funds derived from grant and contract indirect recovery funds, royalty
funds, and income from sales of services. The real property to be purchased, comprising three city
homes and an eight thousand square foot storage facility, is described as follows: Outlots 4 & 5, in
the SE ¼ of Section 15, Township 110, Range 50 West of the 5th PM, in the City of Brookings; and
East 100' of Lots 15 and 16, and Lot 14 Block 2, Randi Petersons Addition, City of Brookings; and
the West 105' of Lot 8, West 105' of the North ½ of Lot 7, and the East 60' of Lot 8, East 60' of the
North ½ of Lot 7 in Block 5, Randi Petersons Addition, City of Brookings, all in the City of
Brookings, County of Brookings, South Dakota.
Section 2. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
(SB 18)
Board of Regents may construct a greenhouse
at Northern State University.
Section 1. The Board of Regents may contract for the construction, furnishing, and equipping
of a greenhouse facility on the campus of Northern State University, comprising approximately nine
hundred sixty square feet, together with furnishings and equipment, including heating, air
conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping,
architectural and engineering services, asbestos abatement, and such other services or actions as may
be required to accomplish the projects, all at an estimated cost of seven hundred fifty thousand
dollars, subject to permitted adjustments pursuant to section 3 of this Act.
Section 2. There is hereby appropriated from the higher education facilities fund the sum of
seven hundred fifty thousand dollars ($750,000), or so much thereof as may be necessary, to the
Board of Regents for the project authorized by this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2013 values. The
Building Authority may adjust such cost estimates to reflect inflation as measured by the Building
Cost Index, reported by the Engineering News Record, additional expenditures required to comply
with regulations adopted after the effective date of this Act, or federal funds received pursuant to
section 4 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the
project authorized in this Act from federal sources or donations, all of which comprise a special fund
for the benefitted project. All moneys deposited into that fund are hereby appropriated to the project
authorized by this Act.
Section 5. The administration of the design and construction of the project authorized in this Act
shall be under the general charge and supervision of the Bureau of Administration as provided in
chapter 5-14. The executive director of the Board of Regents, shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
(SB 20)
Board of Regents may demolish certain buildings
at South Dakota State University.
Section 1. The Board of Regents may demolish, remove, and dispose of the structures known as
the Alvilda Mae Sorenson building, consisting of 9,367 square feet, and the Tompkins Alumni
Center and clock tower, consisting of 5,157 square feet, at South Dakota State University in
Brookings, Brookings County.
Section 2. There is hereby appropriated the sum of one hundred twenty thousand dollars
($120,000), or so much thereof as may be necessary, in other fund expenditure authority, derived
from donations, to the Board of Regents to accomplish the activities described in section 1 of this
Act, including for the purposes of demolition, abatement of asbestos or other such hazardous
materials, lawful disposal of the fixtures or rubble, and any other action reasonably necessary to
restore to grade.
Section 3. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
(HB 1063)
Revise certain provisions relating to selection of jurors.
Section 1. That § 16-13-2.1 be repealed.
Section 2. That § 16-13-4.1 be amended to read as follows:
16-13-4.1. For the purposes of this chapter, the jury selection list shall be prepared using
electronic means by the state court administrator's office and shall consist of the current voter
registration list obtained from the secretary of state, supplemented by the list of persons eighteen
years of age and over holding a valid driver's driver license. The state court administrator's office
shall annually merge these lists, and purge duplicate listings, to create an accurate jury selection list
for preparing the master juror list in each county. The county auditor may request state court
administrator's office may specify that the supplemental driver's driver license list be compiled from
a list of those drivers within the county who have renewed, updated, or applied for a driver's driver
license in the last two years. The jury selection list may not be distributed, sold, or duplicated for any
other purpose.
Section 3. That § 16-13-9.2 be amended to read as follows:
16-13-9.2. Using a random number, The state court administrator's office shall choose, at
random, a number not less than one nor more than the total number of jurors to be placed on the
master jury list. Using that random number, the state court administrator's office shall select from
the jury selection list for each county the name corresponding to that random number in sequence.
This process shall continue until the number of names provided for pursuant to § 16-13-2 is selected.
The processes specified in this section may be performed electronically.
Section 4. That § 16-13-13 be amended to read as follows:
16-13-13. Promptly upon receipt completion of the master juror list from the state court
administrator's office, and in any event before October first in each year, the board of jury selectors
clerk of courts shall sign and file the list and shall file it with the clerk of courts. The list shall be
kept on file for four years. The clerk of courts shall then prepare separate tickets for each person
named in the master juror list furnished by the board of jury selectors, unless a name is stricken
pursuant to § 16-13-15. This process may be performed electronically.
Section 5. That § 16-13-15 be amended to read as follows:
16-13-15. The board of jury selectors clerk of courts and county auditor shall ascertain whether
each of the persons on the master juror list has the qualifications of a juror as provided by § 16-13-10
from the information available to the board from records of the county or other readily available
sources, or has served as a juror within two years. A person has served as a juror if that person has
been summoned and appeared for a trial. If, from examination of the master juror lists at any time,
it appears that any person listed thereon does not have the qualifications to serve as a juror or has
served as a juror within two preceding years, the board of jury selectors clerk of courts shall strike
such the name from the list and draw another in its place if necessary. The board clerk of courts shall
adjust the number to be drawn to allow for the elimination of the names of those disqualified.
(SB 78)
Obsolete provisions
regarding the Commissioner of South Dakota repealed.
Section 1. That § 18-2-1 be repealed.
Section 2. That § 18-2-2 be repealed.
Section 3. That § 18-2-3 be repealed.
Section 5. That § 18-2-5 be repealed.
Section 6. That § 18-4-4 be repealed.
Section 7. That § 18-4-5 be repealed.
(HB 1161)
A cause of action for wrongful human trafficking.
Section 1. A victim of human trafficking pursuant to chapter 22-49, or any federal human
trafficking offense, may bring a civil cause of action for wrongful human trafficking.
(HB 1125)
Judicial remedies revised.
Section 1. That § 21-1-11 be repealed.
Section 2. That § 21-1-13 be repealed.
Section 4. That § 21-10-22 be repealed.
Section 5. That § 21-10-23 be repealed.
Section 6. That § 21-10-24 be repealed.
Section 7. That § 21-25-1 be repealed.
Section 8. That § 21-25-2 be repealed.
Section 9. That § 21-25-3 be repealed.
Section 10. That § 21-25-4 be repealed.
(SB 25)
Personal property may be forfeited
in certain child pornography and human trafficking cases.
Section 1. That § 22-24A-15 be amended to read as follows:
22-24A-15. Any person who is convicted of an offense under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3,
inclusive, shall forfeit to the state the person's interest in the following and no property right exists
in them:
Section 2. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 9. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 13. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
property was seized or is being held. The proceedings shall be brought in the name of the state. The
complaint shall describe the property, state the property's location, state the property's present
custodian, state the name of each owner if known, state the name of each party in interest if known
or of legal record, and allege the essential elements of the violation that is claimed to exist. The
complaint shall conclude with a prayer to enforce the forfeiture. The procedure governing the
proceedings, except as provided by this section, shall be the same as that prescribed for civil
proceedings by chapter 15-6. Notice of forfeiture proceedings shall be given to each owner and party
in interest whose right, title, or interest is of record as provided in § 34-20B-70.1 or in the
Department of Revenue or the Division of Aeronautics or a similar department of another state if the
records are maintained in that state by serving a copy of the summons and complaint upon each
known owner and known party in interest in accordance with title 15.
Section 14. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 15. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 16. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 17. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 18. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
of the proceedings for forfeiture and sale including expenses of seizure, maintenance of
custody, advertising, and court costs.
Section 19. That § 22-24A-6 be amended to read as follows:
22-24A-6. Any person, not a citizen or resident of this state, whose actions or conduct constitute
a violation of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3,
inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, and whose actions or conduct involve
a child residing in this state, or someone the person reasonably believes is a child residing in this
state, is for the purpose of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to
22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, deemed to be transacting
business in this state and by that act:
Section 20. That § 22-24A-7 be amended to read as follows:
22-24A-7. Any person, except a minor, who knowingly participates in any conduct proscribed
by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, is liable for civil damages.
Section 21. That § 22-24A-8 be amended to read as follows:
22-24A-8. Any of the following persons may bring an action for damages caused by another
person's conduct as proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive:
knowingly participated in conduct proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20,
inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.
Section 22. That § 22-24A-9 be amended to read as follows:
22-24A-9. Any person entitled to bring an action under § 22-24A-8 may seek damages from any
person, except a minor, who knowingly participated in the production or in the chain of distribution
of any visual depiction proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1,
22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.
Section 23. That § 22-24A-11 be amended to read as follows:
22-24A-11. Two or more persons may join in one action under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, as plaintiffs if their respective actions have at least one common occurrence of
proscribed conduct under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, and if any portion of the period
of such conduct overlaps with the period for every other plaintiff. Two or more persons may be
joined in one action under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to
22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, as defendants if those
persons are liable to at least one plaintiff.
Section 24. That § 22-24A-12 be amended to read as follows:
22-24A-12. Any person against whom a judgment has been rendered under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1
to 43-43B-3, inclusive, is not eligible to exempt any property, of whatever kind, from process to levy
or process to execute on the judgment. Any assets sought to satisfy a judgment under §§ 22-19A-1,
22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, that are named in a forfeiture action or have been seized for forfeiture
by any state or federal agency may not be used to satisfy a judgment unless and until the assets have
been released following the conclusion of the forfeiture action or released by the agency that seized
the assets.
Section 25. That § 22-24A-13 be amended to read as follows:
22-24A-13. Any action for damages under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall be
commenced within six years of the time the plaintiff knew, or had reason to know, of any injury
caused by violations of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive. The knowledge of a parent,
guardian, or custodian may not be imputed to the minor.
Section 26. That § 22-24A-19 be amended to read as follows:
22-24A-19. The provisions of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, do not apply to the performance of official duties by any law enforcement officer, court employee, attorney, licensed physician, psychologist, social worker, or any person acting at the direction of a licensed physician,
psychologist, or social worker in the course of a bona fide treatment or professional education
program.
Section 27. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
Section 28. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as
follows:
(SB 125)
Registered sex offenders may not loiter in certain areas.
Section 1. That § 22-24B-24 be amended to read as follows:
22-24B-24. No person who is required to register as a sex offender as defined in this chapter may
loiter within a community safety zone or a public library unless the person was under age eighteen
at the time of the offense and the offender was not tried and convicted of the offense as an adult or
the circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the
provisions of §§ 22-24B-22 to 22-24B-28, inclusive.
(SB 118)
Criminal penalties revised
for intentional damage to private property.
Section 1. That § 22-34-1 be amended to read as follows:
22-34-1. Any person who, with specific intent to do so, injures, damages, or destroys:
(SB 85)
Confidential criminal justice information, requirements changed.
Section 1. That § 23-5-11 be amended to read as follows:
23-5-11. Confidential criminal justice information and criminal history information are
specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive, and may be
withheld by the lawful custodian of the records. Information, if maintained, about calls for service
revealing the date, time, and general location and general subject matter of the call is not confidential
criminal justice information and may shall be released to the public, at the discretion of the executive
of the law enforcement agency involved, unless the information contains criminal intelligence or,
identity information that would jeopardize an ongoing investigation, or identity information
associated with a mental health or a chemical dependency or abuse intervention. The provisions of
this section do not supersede more specific provisions regarding public access or confidentiality
elsewhere in state or federal law.
(HB 1229)
Reporting persons
to the National Instant Criminal Background Check System.
Section 1. That chapter 27A-10 be amended by adding thereto a NEW SECTION to read as
follows:
attorney general, in the manner and form prescribed by the attorney general, within seven working
days after the date of the final order of involuntary commitment. The report may not include
information relating to the person's diagnosis or treatment.
Section 2. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1119)
Preliminary hearings for persons charged with Class 1 misdemeanors.
Section 1. That § 23A-6-3 be amended to read as follows:
23A-6-3. An information may be filed without a preliminary hearing against a fugitive from
justice. No other information may be filed against any person for any felony or Class 1 misdemeanor
until he that person has had a preliminary hearing, unless he that person waived his or her right to
a preliminary hearing. All informations shall be filed with the court having jurisdiction of the offense
by the prosecuting attorney prior to arraignment.
(HB 1082)
Conditions causing the suspension
of a probationer's probationary period revised.
Section 1. That § 23A-27-19.1 be amended to read as follows:
23A-27-19.1. The running of a probationer's probationary period shall be suspended under the
following conditions:
sanction;
(SB 26)
Electronic procedure to notify crime victims.
Section 1. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. That § 23A-28C-2 be amended to read as follows:
23A-28C-2. At the commencement of a criminal proceeding subject to the terms of this chapter,
the prosecutor, by first class mail or electronic mail notification, shall advise the victim of the rights
set forth in this chapter. In order to take advantage of such rights, the victim shall advise the
prosecutor of the desire to participate. A victim may choose to participate only in certain enumerated
phases of the proceedings. A victim wishing to participate shall advise the prosecutor or the
Department of Corrections of the place where notifications, including electronic notification,
required under this chapter are to be made, and of any changes in the place of notification. A
prosecutor receiving notification of a victim's wish to participate shall keep record of that
notification and most recent place of notification through the time of the defendant's final discharge
from the criminal justice system. If the defendant is sentenced to the state prison system, the
prosecutor shall forward the information to the Department of Corrections and the Department of
Corrections shall keep record of the request for notification and the most recent place of notification
until the defendant's final discharge from prison and parole. The request for notification and the place
of notification is confidential and may not be disclosed to the defendant.
Section 8. That § 23A-28C-5 be amended to read as follows:
23A-28C-5. Any institution under the control of the Department of Corrections or the
Department of Human Services or the Department of Social Services, or any jail or other facility
where a person is incarcerated due to the commission of a crime, shall provide notice, as soon as
possible, if any of the following occur:
Section 10. That chapter 24-1 be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. That § 24-14-4.1 be repealed.
Section 12. That § 24-15-3 be amended to read as follows:
24-15-3. Whenever any person becomes an inmate of the penitentiary, the director shall
immediately establish in the record the date when the inmate will be eligible for consideration for
parole. Such consideration for a parole eligibility date is subject to change upon receipt of
information regarding a change in the number of prior felony convictions or any subsequent felony
convictions. Any inmate who is aggrieved by the established parole consideration eligibility date
may apply for a hearing before the Board of Pardons and Paroles for a final determination of the true
and correct parole consideration eligibility date. Between the date a person becomes an inmate of
the penitentiary and the date on which such the person becomes eligible for consideration for parole,
the director shall complete the history of the inmate and shall study the life, habits, previous
environment, and nature of the inmate to determine the advisability of recommending the inmate for
parole when the inmate becomes eligible to be considered. At least ten days before the date of
eligibility the director shall submit to the board the findings regarding the inmate.
Section 13. That § 24-15-8.1 be repealed.
Section 14. That § 24-15-8.2 be repealed.
Section 15. That § 24-15-8.3 be repealed.
Section 16. That § 24-15A-22 be repealed.
(SB 102)
Magistrate judges may return or dispose of property
taken in as evidence.
Section 1. That § 23A-37-8 be amended to read as follows:
23A-37-8. The court shall release all property to its rightful owner, if:
(SB 77)
Obsolete provisions repealed regarding county prisoners.
Section 1. That § 24-11-34 be repealed.
(SB 81)
Possession of certain items in jails prohibited.
Section 1. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That § 24-11-47 be amended to read as follows:
24-11-47. No alcoholic beverages, controlled substances as defined by chapter 34-20B,
marijuana, or weapons as defined in subdivision 22-1-2(10), may be possessed by any inmate of a
jail. No prescription or nonprescription drugs may be possessed by any inmate of a jail except by
order of a physician, physician assistant, or nurse practitioner, as defined in chapters 36-4, 36-4A,
and 36-9A, respectively. Such and such an order shall be in writing and for a definite period. For
purposes of this section, prescription drugs include nonprescription medication items that have not
been authorized by the sheriff and which are not available to inmates except through authorized jail
personnel or the inmate commissary system. A violation of this section constitutes a felony pursuant
to the following schedule:
24-11-48. No employee or other person may deliver or procure to be delivered, or have in such
person's possession with intent to deliver, to any person incarcerated in a jail or a juvenile detention
facility, or deposit or conceal in or around any jail or in or around a juvenile detention facility, or in
any mode of transport entering the grounds of any jail or juvenile detention facility and its ancillary
facilities used to house inmates or juveniles, any article or thing prohibited pursuant to § 24-11-47
or section 1 of this Act with intent that any inmate obtain or receive the same. A violation of this
section is a Class 6 felony. A violation of this section carries the same penalty as the possession of
the same item as defined in § 24-11-47 or section 1 of this Act.
(HB 1028)
Parole violator detainment, county reimbursement increased.
Section 1. That § 24-15-29 be amended to read as follows:
24-15-29. In order to obtain reimbursement pursuant to § 24-15-28, the chair of the board of
county commissioners of the county shall present a claim on a voucher to be approved by the
secretary of corrections for detention expenses paid by the county, not to exceed fifty seventy dollars
per day. When the voucher is presented to the state auditor, the state auditor shall examine it and if
the claim is just and valid, the state auditor shall issue a warrant for payment to be made from funds
appropriated for that purpose, and the state treasurer shall then pay the sum to the treasurer of the
county.
Section 2. That § 24-15-28 be amended to read as follows:
24-15-28. The state shall reimburse any county of this state for expenses the county incurs for
the detention of a parolee pursuant to §§ 24-15-19 and 24-15-21. The reimbursement may not exceed
fifty seventy dollars per day. Upon receipt of the bill, the state shall make reimbursement within
thirty days. No county may be reimbursed by the state for costs incurred from detaining a parolee
held for criminal charges unrelated to the parolee's current conviction and sentence.
(HB 1199)
Family law outdated provisions repealed.
Section 1. That § 25-2-9 be repealed.
Section 2. That § 25-4-29 be repealed.
Section 3. That § 25-4-48 be repealed.
Section 5. That § 25-8-31 be repealed.
(SB 74)
Joint physical custody of a minor.
Section 1. In any custody dispute between parents, upon application of either parent, the court
shall consider granting joint physical custody of a minor child.
Section 2. A finding by the court that a parent has a history of committing domestic abuse or has
an assault conviction as defined in § 25-4-45.5, creates a rebuttable presumption that joint physical
custody is not in the best interests of the child.
Section 3. Prior to ruling on a joint physical custody petition the court may require the parties
to participate in a home study or a custody evaluation. Prior to the court ruling on a joint physical
custody petition, either parent may request mediation pursuant to § 25-4-56.
Section 4. In considering a contested request for joint physical custody, in addition to the
traditional factors for determining the best interests of a child, the court shall consider the following
factors:
approach to daily child rearing matters;
Section 6. Nothing in this Act creates a presumption of joint physical custody. The court shall
determine the appropriate physical care, custody, and control of a minor child based on a
determination of the best interests of the child.
Section 7. The enactment of this Act does not constitute a substantial change in circumstances
justifying the modification of existing custody orders, but the provisions of this Act shall apply to
modification proceedings which are otherwise properly before the court.
(HB 1165)
The Uniform Deployed Parents Custody and Visitation Act.
Section 1. Section 101. This Act may be cited as the Uniform Deployed Parents Custody and
Visitation Act.
Section 2. Section 102. Terms used in this Act mean:
to comply with this Act or a court order issued under this Act, the court may assess reasonable
attorney's fees and costs against the party and order other appropriate relief.
Section 4. Section 104. (a) A court may issue an order regarding custodial responsibility under
this Act only if the court has jurisdiction under chapter 26-5B.
Section 5. Section 105. (a) Except as otherwise provided in subsection (d) and subject to
subsection (c), a deploying parent shall notify in a record the other parent of a pending deployment
not later than seven days after receiving an official order to deploy unless reasonably prevented from
doing so by the circumstances of service. If the circumstances of service prevent giving notification
within the seven days, the deploying parent shall give the notification as soon as reasonably possible.
Section 6. Section 106. (a) Except as otherwise provided in subsection (b), an individual to
whom custodial responsibility has been granted during deployment pursuant to Articles 2 or 3 shall
notify the deploying parent and any other individual with custodial responsibility of a child of any
change of the individual's mailing address or residence until the grant is terminated. The individual
shall provide the notice to any court that has issued a custody or child support order concerning the
child which is in effect.
address or residence of the individual to whom custodial responsibility has been granted.
Section 7. Section 107. In a proceeding for custodial responsibility of a child of a servicemember,
a court may not consider a parent's past deployment or possible future deployment in itself in
determining the best interest of the child. However, if upon return from the deployment either the
servicemember or child exhibits a substantial and material change in circumstances that adversely
affects the servicemember's ability to adequately care for the child, the best interests of the child shall
be determinative.
Section 8. Section 201. (a) The parents of a child may enter into a temporary agreement under
this Article granting custodial responsibility during deployment.
Section 9. Section 202. (a) An agreement under this Article is temporary and terminates pursuant to Article 4 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under section 10 of this Act. The
agreement does not create an independent, continuing right to caretaking authority, decision-making
authority, or limited contact in an individual to whom custodial responsibility is given.
Section 10. Section 203. (a) By mutual consent, the parents of a child may modify an agreement
regarding custodial responsibility made pursuant to this Article.
(c) If an agreement is modified under subsection (a) during deployment of a deploying parent,
the modification must be agreed to in a record by both parents and any nonparent who will exercise
custodial responsibility under the modified agreement.
Section 11. Section 204. A deploying parent, by power of attorney, may delegate all or part of
custodial responsibility to an adult nonparent for the period of deployment if no other parent
possesses custodial responsibility under law of this state other than this Act, or if a court order
currently in effect prohibits contact between the child and the other parent. The deploying parent may
revoke the power of attorney by signing a revocation of the power.
Section 12. Section 205. An agreement or power of attorney under this Article must be filed
within a reasonable time with any court that has entered an order on custodial responsibility or child
support that is in effect concerning the child who is the subject of the agreement or power. The case
number and heading of the pending case concerning custodial responsibility or child support must
be provided to the court with the agreement or power.
Section 13. Section 301. In this Article, "close and substantial relationship" means a relationship
in which a significant bond exists between a child and a nonparent.
Section 14. Section 302. (a) After a deploying parent receives an official order to deploy and until
the deployment terminates, a court may issue a temporary order granting custodial responsibility
unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections 521 and
522. A court may not issue a permanent order granting custodial responsibility without the consent
of the deploying parent.
Section 15. Section 303. If a motion to grant custodial responsibility is filed under subsection
(b) of section 14 of this Act before a deploying parent deploys, the court shall conduct an expedited
hearing.
Section 16. Section 304. In a proceeding under this Article, a party or witness who is not
reasonably available to appear personally may appear, provide testimony, and present evidence by
electronic means unless the court finds good cause to require a personal appearance.
Section 17. Section 305. In a proceeding for a grant of custodial responsibility pursuant to this
Article, the following rules apply:
Section 19. Section 307. On motion of a deploying parent, and in accordance with law of this
state other than this Act, unless the court finds that the contact would be contrary to the best interest
of the child, a court shall grant limited contact to a nonparent who is a family member of the child
or an individual with whom the child has a close and substantial relationship.
Section 20. Section 308. (a) A grant of authority under this Article is temporary and terminates
under Article 4 after the return from deployment of the deploying parent, unless the grant has been
terminated before that time by court order. The grant does not create an independent, continuing right
to caretaking authority, decision-making authority, or limited contact in an individual to whom it is
granted.
Section 21. Section 309. (a) An order granting custodial responsibility under this Article must:
Section 23. Section 311.(a) Except for an order under section 17 of this Act, except as otherwise
provided in subsection (b), and consistent with the Servicemembers Civil Relief Act, 50 U.S.C.
Appendix Sections 521 and 522, on motion of a deploying or other parent or any nonparent to whom
caretaking authority, decision-making authority, or limited contact has been granted, the court may
modify or terminate the grant if the modification or termination is consistent with this Article and
it is in the best interest of the child. A modification is temporary and terminates pursuant to Article
4 after the deploying parent returns from deployment, unless the grant has been terminated before
that time by court order.
Section 24. Section 401. (a) At any time after return from deployment, a temporary agreement
granting custodial responsibility under Article 2 may be terminated by an agreement to terminate
signed by the deploying parent and the other parent.
concerning custodial responsibility or child support must be provided to the court with the agreement
to terminate.
Section 25. Section 402. At any time after a deploying parent returns from deployment, the
deploying parent and the other parent may file with the court an agreement to terminate a temporary
order for custodial responsibility issued under Article 3. After an agreement has been filed, the court
shall issue an order terminating the temporary order effective on the date specified in the agreement.
If a date is not specified, the order is effective immediately.
Section 26. Section 403. After a deploying parent returns from deployment until a temporary
agreement or order for custodial responsibility established under Articles 2 or 3 is terminated, the
court shall issue a temporary order granting the deploying parent reasonable contact with the child
unless it is contrary to the best interest of the child, even if the time of contact exceeds the time the
deploying parent spent with the child before deployment.
Section 27. Section 404. (a) If an agreement between the parties to terminate a temporary order
for custodial responsibility under Article 3 has not been filed, the order terminates sixty days after
the deploying parent gives notice to the other parent and any nonparent granted custodial
responsibility that the deploying parent has returned from deployment.
Section 28. Section 501. In applying and construing this uniform act, consideration must be given
to the need to promote uniformity of the law with respect to its subject matter among states that enact
it.
Section 29. Section 502. This Act modifies, limits, or supersedes the Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or
supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of
any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Section 30. Section 503. This Act does not affect the validity of a temporary court order
concerning custodial responsibility during deployment which was entered before July 1, 2014.
Section 31. Section 504. This Act takes effect July 1, 2014.
Section 32. That § 33-6-10 be repealed.
(SB 3)
Judicial continuity in court review for certain domestic abuse cases.
Section 1. That § 25-10-3 be amended to read as follows:
(SB 7)
Persons who are eligible for protection from domestic abuse,
terminology revised.
Section 1. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as
follows:
25-10-1. Terms used in this chapter mean:
25-10-3. There exists an action known as a petition for a protection order in cases of domestic
abuse. Procedures for the action are as follows:
Section 5. That § 25-10-5 be amended to read as follows:
25-10-5. Upon notice and a hearing, if the court finds by a preponderance of the evidence that
domestic abuse has taken place, the court may provide relief as follows:
Section 6. That § 25-10-6 be amended to read as follows:
25-10-6. When If an affidavit filed with an application under this chapter alleges that immediate
and irreparable injury, loss, or damage will result before an adverse party or his or her attorney can
be heard in opposition, the court may grant an ex parte temporary protection order pending a full
hearing and granting relief as the court deems proper, including an order:
25-10-36. If any law enforcement officer who is responding to a domestic abuse call has probable
cause to believe that a crime has been committed, the law enforcement officer shall arrest the person
who is suspected of committing the crime and make a complete report of any action taken. The
officer shall indicate on the arrest report and the fingerprint document if the arrest is for a crime
against a family or household member as defined in § 25-10-1 person in a relationship described in
section 1 of this Act.
25-10-40. No police officer or sheriff may release a person charged with assaulting a family or
household member, as defined in subdivision 25-10-1(2) person in a relationship described in section
1 of this Act, or violating a protection order, as provided for in this chapter, without providing notice
to a committing magistrate judge or circuit court. A committing magistrate judge or circuit court
shall determine if bond or other conditions of release are necessary for the protection of the alleged
victim.
Section 9. That § 25-10-41 be amended to read as follows:
25-10-41. In determining the conditions of release under § 25-10-40, the court shall consider the
following conditions and may impose any condition it considers reasonably necessary to protect the
alleged victim of domestic abuse, including ordering the defendant:
Section 10. That § 23A-28C-4 be amended to read as follows:
23A-28C-4. For the purposes of this chapter, the term, victim, means any person being the direct
subject of an alleged act, which would constitute a crime of violence as defined by subdivision 22-1-2(9), simple assault between family or household members as defined in subdivision 25-10-1(2)
persons in a relationship described in section 1 of this Act, stalking as defined in chapter 22-19A,
a violation of chapter 22-22, or a driving under the influence vehicle accident, under the laws of
South Dakota or the laws of the United States. If the victim does not survive such act or is unable
to comment, the term, victim, means the members of the immediate family of the primary victim.
(SB 5)
Petition for a protection order, scope of petition expanded.
Section 2. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as
follows:
(SB 4)
Foreign domestic abuse protection order due process.
Section 1. That § 25-10-12.1 be amended to read as follows:
25-10-12.1. Any domestic violence abuse protection order, or any stalking or physical violence
protection order, issued by a court of competent jurisdiction of another state, Indian tribe, the District
of Columbia, or a commonwealth, territory, or possession of the United States is enforceable as if
the order was issued by a court in this state if all of the following requirements are satisfied:
(SB 2)
A victim of domestic abuse with an outstanding warrant,
delayed arrest.
Section 1. No law enforcement officer, called to the scene of a domestic abuse complaint, is
required to arrest any victim of domestic abuse for an outstanding warrant if:
(HB 1018)
Child welfare agency record-keeping, requirements revised.
Section 1. That § 26-6-20 be amended to read as follows:
26-6-20. Each child welfare agency shall keep such and provide records regarding each child in
its control and care as to the Department of Social Services may prescribe and shall report to said
department, whenever called for, such facts as it may require with reference to such children upon
blanks furnished by as the department may require. All records regarding children and all facts
learned about children and their parents or relatives shall be deemed are confidential. Disclosure of
this information shall be properly safeguarded by the agency and the Department of Social Services.
(HB 1198)
The administration of medical treatment
for individuals with mental illness, time period extended.
Section 1. That § 27A-12-3.11 be amended to read as follows:
27A-12-3.11. Emergency surgery and any other emergency medical procedures may be performed without the patient's consent or court or board order if the life of the recipient is threatened and there is not time to obtain consent or order or if the patient is incapacitated as defined
in § 34-12C-1 and substitute informed consent is obtained from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C. Documentation of the necessity for
the medical procedure shall be entered into the patient's record as soon as practicable.
Section 2. That § 27A-12-3.14 be amended to read as follows:
27A-12-3.14. Certified copies Copies of the petition and notice of hearing shall be personally
served by the sheriff or an elector of any state not a party to the action that is specifically designated
by the court or board on the person immediately upon the filing of the petition but no less than five
calendar days before the hearing. The notice of hearing shall include the following:
granted, only upon a showing of good cause for delay.
(SB 108)
Autism spectrum disorder study.
Section 1. The Department of Human Services and the Department of Labor and Regulation shall
jointly conduct a study of services and insurance coverage for the treatment of autism spectrum
disorder for children. The study shall include input from families, autism advocacy groups,
legislators, state policy leaders, and other stakeholders. The study shall examine:
Section 2. The Department of Human Services and the Department of Labor and Regulation may
contract with a consultant for the study required in section 1 of this Act. The consultant shall have
demonstrated expertise in autism spectrum disorder and in evaluating the issues relating to the
insurance coverage for the treatment of autism spectrum disorder for children.
Section 3. Any agency of the state or any organization that has a contract with the state shall
cooperate with the Department of Human Services and the Department of Labor and Regulation or
its consultant for the purpose of providing facts, figures, data, projections and other information
needed to complete the study.
(HB 1017)
Department of Social Services repeal of unnecessary statutes.
Section 1. That § 22-22-47 be repealed.
Section 2. That § 26-4-9 be repealed.
Section 3. That § 26-4-14 be repealed.
Section 4. That § 27A-1-6 be repealed.
Section 5. That § 34-20A-93 be repealed.
Section 6. That § 34-20A-94 be repealed.
(HB 1077)
The Uniform Real Property Transfer on Death Act.
Section 1. This Act may be cited as the South Dakota Real Property Transfer on Death Act.
Section 2. Terms used in this Act mean:
Section 4. This Act does not affect any method of transferring property otherwise permitted
under the law of this state.
Section 5. A transfer on a death deed is revocable even if the deed or another instrument contains
a contrary provision.
Section 6. A transfer on a death deed is nontestamentary.
Section 7. The capacity required to make or revoke a transfer on a death deed is the same as the
capacity required to make a will.
Section 8. A transfer on death deed must:
Section 13. Nothing in sections 10 to 12, inclusive, of this Act limits the effect of an inter vivos
transfer of the property.
Section 14. During a transferor's life, a transfer on death deed does not:
to survive the transferor by one hundred twenty hours lapses unless survival is specifically
waived or modified as provided by § 29A-2-702.
Section 17. If a transferor is a joint owner and is:
Section 19. A beneficiary may disclaim all or part of the beneficiary's interest as provided by
§ 29A-2-801. The disclaimer of an interest in property must be recorded in the office of the register
of deeds in the county where the property that is the subject of the disclaimer is located.
Section 20. Upon the death of the transferor, the beneficiary is liable for the debts and obligations
of the deceased transferor under the conditions set forth in sections 21 to 24, inclusive, of this Act.
Section 21. Unless a settlement is made with the beneficiary, a creditor or personal representative
of the deceased transferor may institute an action in any court of competent jurisdiction, within six
months after the death of the transferor, against the beneficiary setting forth such claim, unless the
action is for recovery of medical assistance initiated by the Department of Social Services pursuant
to Title 28, in which case the action must be commenced within the shorter of two years after the
death of the transferor, or within six months of written notice to the Department of Social Services
with information of the transferor's death, social security number, and if available upon reasonable
investigation, the transferor's deceased spouse's name and social security number.
Section 22. In any action instituted by a creditor or personal representative of a deceased
transferor, as specified in section 21 of this Act, the person instituting the action shall allege and
prove that there is not sufficient other property standing in the name of the deceased transferor at the
time of transferor's death which is subject to and sufficient to pay said debts and obligations;
provided that, if no petition is filed in court to probate the deceased transferor's estate within thirty
days from the date of transferor's death, there is a presumption of evidence that the property standing
in the name of the decedent at the time of transferor's death is insufficient to pay transferor's debts
and obligations.
Section 23. The beneficiary is liable to the creditors or personal representatives of the deceased transferor for the lawful debts and obligations of the deceased transferor only in an amount equal to the value of the property contributed by the deceased transferor determined as of the time of transferor's death, but subject to all homestead and legal exemptions in the deceased transferor's property.
Section 25. A purchaser for value of property or a lender who acquires a security interest in the
property from a beneficiary of a transfer on death deed after the death of the owner, in good faith,
takes the property free of any claims of or liability to the owner's estate, creditors of the owner's
estate, persons claiming rights as beneficiaries under the deed or heirs of the owner's estate, in
absence of actual knowledge that the transfer was improper or that the information in an affidavit
of confirmation, if any, provided pursuant to section 32 of this Act, is not true; and, a purchaser or
lender for value has no duty to verify sworn information relating to the deed.
Section 26. An attorney in fact, custodian, conservator, or other agent may not make, revoke, or
change a beneficiary designation unless the document establishing the agent's right to act, or a court
order, expressly authorizes such action and such action complies with the terms of the governing
instrument, the rulings of the court, and applicable law.
Section 27. The transfer of a deceased owner's property or interest in property must be recorded
with the register of deeds in the county where the property is located by filing an affidavit of
confirmation executed by any designated beneficiary to whom the transfer is made. The affidavit of
confirmation must be verified before a person authorized to administer oaths and must be
accompanied by a certified copy of the death certificate for the deceased owner and for each
designated beneficiary identified in subdivision (4). The affidavit of confirmation shall contain all
of the following information:
Section 30. The following form may be used to create a transfer on death deed. The provisions
of this Act govern the effect of this or any other instrument used to create a transfer on death deed.
This form must be recorded with the register of deeds before your death or it will not be effective.
Any change to this deed must also be recorded to be effective.
Identifying Information
Owner(s) of Property Who Join in This Deed:
___________________________________________________________
___________________________________________________________
Address:
Marital Status of Owner(s):
Legal Description of Property:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Beneficiary or Beneficiaries
I revoke all my prior transfer on death deeds concerning the property, and name the following
beneficiary(ies) to receive the property (in equal shares, and as tenants in common, and not as joint
tenants with rights of survivorship, unless I say otherwise):
Name and address of Beneficiary(ies)
___________________________________________________________
This transfer is ___ / is not______ subject to the requirement that the named beneficiary survive me
by one hundred twenty hours.
Name and address of Contingent Beneficiary(ies)
If no primary beneficiary survives me, I name the following contingent beneficiary(ies) to receive
the property (in equal shares, and as tenants in common, and not as joint tenants with rights of
survivorship, unless I say otherwise):
___________________________________________________________
___________________________________________________________
Transfer on Death
I hereby convey and transfer upon my death all my interests (whether now owned or hereafter
acquired) in the described property to the above listed beneficiary(ies).
Before my death, I may revoke this deed, or any part of this deed.
Exempt from Transfer Fee: § 43-4-22(18)
Signature(s) of Owner(s) Who Join in this Deed
____________________________________ _________________
(signature) (date)
____________________________________ _________________
(signature) (date)
Acknowledgment
(acknowledgment)
Section 31. The following form may be used to create an instrument of revocation under this Act.
The provisions of this Act govern the effect of this or any other instrument used to revoke a transfer
on death deed.
Owner(s) of Property Who Join in This Revocation:
___________________________________________________________
___________________________________________________________
Address:
_________________________________________________________ hereby revokes the previous
transfer.
Dated
Signature/Address
Acknowledgment
Section 32. The following form or a document that contains substantially all of the following
information may be used to create the affidavit of confirmation:
County of _________________
I, ________________________, being first duly sworn on oath, state that to my personal knowledge:
Certified copies of Certificate(s) of Death for any deceased Designated Beneficiary(ies) is(are) also
attached hereto.
Section 33. In applying and construing this Act, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among the states that enact it.
Section 35. The provisions of this Act apply to any transfer on death deed executed,
acknowledged, and recorded after July 1, 2014.
Section 36. That § 7-9-7 be amended to read as follows:
7-9-7. No register of deeds may accept for record in the office of the register of deeds:
(HB 1090)
Obsolete provisions regarding county highways repealed.
Section 2. That § 31-19-50 be repealed.
Section 3. That § 31-19-51 be repealed.
Section 4. That § 31-19-52 be repealed.
Section 5. That § 31-19-53 be repealed.
Section 6. That § 31-19-54 be repealed.
Section 7. That § 31-19-55 be repealed.
(SB 103)
Penalties increased for damaging or removing highway signs.
Section 1. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1036)
Billboard permit process changed.
Section 1. That § 31-29-71.8 be amended to read as follows:
(SB 54)
Dealers of boats, used vehicles,
and mobile or manufactured homes requirements changed.
Section 1. That § 32-3A-2 be amended to read as follows:
32-3A-2. Terms used in this chapter mean:
32-6B-1. Terms as used in this chapter mean:
components to perform the vehicle's intended function.
at least four of the following permanently installed systems:
32-7A-1. Unless the context otherwise plainly requires, terms Terms used in this chapter mean:
twelve-month period, for a commission or with the intent to make a profit or gain, sells,
exchanges, rents with option to purchase, offers or attempts to negotiate a sale, or makes
an exchange of a mobile or manufactured home or who is engaged in the business of
selling mobile or manufactured homes;
32-7B-1. For the purposes of this chapter, a boat dealer is any person who, for commission or
with intent to make a profit or gain, sells, exchanges, rents, or leases with option to purchase, offers
or attempts to negotiate a sale or exchange of new or used boats as defined in chapter 42-8, or who
is engaged wholly or in part in the business of selling new or used boats.
Section 5. That § 32-6B-4 be amended to read as follows:
32-6B-4. No person may engage in the business, either exclusively or in addition to any other
occupation, of selling, offering to sell, or displaying new or used vehicles, without a license as
provided in § 32-6B-12. A violation of this section is a Class 2 misdemeanor. Any subsequent
violation that occurs within two years from any violation of this section is a Class 1 misdemeanor.
32-6C-2. No person may engage in the business of selling, or may offer to sell, display, act as
a broker, or advertise the sale of new or used snowmobiles, without a license. Any violation of this
section is a Class 1 Class 2 misdemeanor. Any subsequent violation that occurs within two years
from any violation of this section is a Class 1 misdemeanor. The licensing requirements of this
section do not apply to any regulated lenders as that term is defined in § 54-3-14, any insurance
company authorized to do business in this state, or any financing institution as defined in and
licensed pursuant to chapter 54-4 that acquires snowmobiles as an incident to its regular business.
Section 7. That § 32-7A-3 be amended to read as follows:
32-7A-3. No person may engage in the business, either exclusively or in addition to any other
occupation, of selling or manufacturing mobile homes or manufactured homes, new or used, or shall
offer to sell, solicit, or advertise the sale of mobile homes or manufactured homes, new or used,
without first having acquired a license to do so. Any violation of this section is a Class 1 Class 2
misdemeanor. Any subsequent violation that occurs within two years from any violation of this
section is a Class 1 misdemeanor. The licensing requirements of this section do not apply to any
bank, savings and loan association, or credit union which repossesses manufactured homes or mobile
homes regulated lenders as that term is defined in § 54-3-14, any insurance company authorized to
do business in this state, or any financing institution as defined in and licensed pursuant to chapter
54-4 that acquires mobile homes or manufactured homes as an incident to its regular business.
Section 8. That § 32-7B-2 be amended to read as follows:
32-7B-2. No person may engage in the business of selling, or may offer to sell, display, act as
a broker, or advertise the sale of new or used boats, without a license as provided in this chapter. Any
violation of this section is a Class 1 Class 2 misdemeanor. Any subsequent violation that occurs
within two years from any violation of this section is a Class 1 misdemeanor. The licensing
requirements of this section do not apply to any regulated lenders as that term is defined in § 54-3-14, any insurance company authorized to do business in this state, or any financing institution as
defined in and licensed pursuant to chapter 54-4 that acquires new or used boats as an incident to its
regular business.
(SB 60)
Titling and licensing of boats and motor vehicles revised.
Section 1. That § 32-3A-23 be amended to read as follows:
32-3A-23. Any boat dealer or motor vehicle dealer licensed pursuant to chapter 32-6B transferring a large boat requiring titling under §§ 32-3A-20 to 32-3A-23, inclusive, and §§ 32-3A-24 to 32-3A-32, inclusive, shall assign the title to the new owner within thirty days of the date of sale, or if a new large boat, the boat dealer shall assign the manufacturer's certificate of origin to the
new owner within thirty days of the date of sale. Within thirty days the applicant shall forward all
title fees and applications to the county treasurer. A violation of this section is a Class 2
misdemeanor. Any subsequent violation that occurs within two years from any violation of this
section is a Class 1 misdemeanor.
Section 2. That § 32-3A-24 be amended to read as follows:
32-3A-24. No person may sell, assign, or transfer a large boat titled by the state without
delivering to the purchaser or transferee a certificate of title with an assignment on it showing title
in the purchaser or transferee. The certificate of title with an assignment shall be transferred to the
purchaser or transferee within thirty days from the date of the sale, assignment, or transfer. No
person may purchase or otherwise acquire a large boat required to be titled by the state without
obtaining a certificate of title for it in that person's name. A violation of this section is a Class 2
misdemeanor. Any subsequent violation that occurs within two years from any violation of this
section is a Class 1 misdemeanor.
Section 3. That § 32-3A-52 be amended to read as follows:
32-3A-52. Exempt from the provisions of § 32-3A-50 are:
(HB 1061)
Limited liability companies
included in motor vehicle licensing requirements.
Section 1. That § 32-3A-52 be amended to read as follows:
32-3A-52. Exempt from the provisions of § 32-3A-50 are:
titled and registered in this state; and
32-5-2.2. The first letter of the owner's last name shall determine the month in which a
noncommercial vehicle owner shall register his the vehicle. For a corporation or limited liability
company, the first letter in its name shall be used. The registration shall proceed as follows:
January | A, B |
February | C, D, E |
March | F, G, J |
May | H, I, O |
June | K, L |
July | M, N |
August | P, Q, R |
September | S |
November | T, U, V, W, X, Y, Z |
Section 3. That § 32-5-27 be amended to read as follows:
32-5-27. Any dealer, person, firm, or corporation, or limited liability company which brings into
the state or purchases any used or secondhand out-of-state motor vehicles not currently licensed in
this state for the purpose of sale or resale, except as a trade-in on a new motor vehicle or another
used motor vehicle, a used motor vehicle purchased by a dealer and sold to another dealer, vehicles
receiving a junking certificate, motor vehicles with a gross vehicle weight rating of over twenty-six
thousand pounds, or a semitrailer with a manufacturer's shipping weight of nine thousand pounds
or more, shall, within thirty days from the date of purchase or entry of the motor vehicle into the
limits of this state, or from the date of purchase at a dealer's car auction agency, title the motor
vehicle pursuant to chapter 32-3 and pay the excise tax pursuant to chapter 32-5B but is not required
to license the vehicle. Any licensed motor vehicle dealer titling a motor vehicle pursuant to this
section is exempt from paying the excise tax imposed by § 32-5B-1 on such the vehicle. A vehicle
titled by a licensed motor vehicle dealer pursuant to this section shall be issued a title indicating that
no excise tax has been paid. Upon transfer of the title to a subsequent purchaser of the motor vehicle,
the excise tax shall be paid by the purchaser or by any other person as defined by subdivision 2-14-2(18), on behalf of and as the agent for the purchaser. A violation of this section is a Class 2
misdemeanor.
32-5B-2. Motor vehicles exempted from the provisions of this chapter are as follows:
who had previously paid vehicle excise tax to this state on the motor vehicle as evidenced
within the department's records or by submission of other acceptable proof of payment of
such tax;
32-6B-6. Any person selling vehicles pursuant to the requirements of this chapter shall file with
the department, upon forms provided by the department, an application including the following:
32-6C-3. Any person selling snowmobiles pursuant to the requirements of this chapter shall file
with the Department of Revenue, upon forms provided by the department, an application including
the following information:
32-6D-1. Terms used in this chapter mean:
32-7A-4.1. Any person selling manufactured homes or mobile homes pursuant to the
requirements of this chapter shall file with the department, upon forms provided by the department,
an application including, but not limited to, the following information:
32-7B-4. Any person selling boats pursuant to the requirements of this chapter shall file with the
Department of Revenue, upon forms provided by the department, an application including the
following information:
32-9-2. Except as provided in § 32-9-3, the term, motor carrier, when used in this chapter means
any person, copartnership, or corporation, or limited liability company owning, controlling,
operating, or maintaining a commercial vehicle.
Section 11. That § 32-9-6 be amended to read as follows:
32-9-6. Any person or, corporation, or limited liability company desiring to operate a motor
vehicle, trailer, semitrailer as a motor carrier of persons or property on the public highways of this
state shall, before beginning such the operations, cause to be presented to the county treasurer of the
county of which such the applicant is a resident, if such the applicant be a resident of this state, and
if a nonresident, then to the county treasurer of any county through which such that applicant may
travel, except as provided for interstate carriers, an application upon forms to be furnished and
provided by the Department of Revenue. The application shall set forth the name of the manufacturer
of such the vehicle, the factory number, and the engine number thereof, of the vehicle, the model
thereof, of the vehicle, and the desired gross weight classification or rated maximum seating capacity
thereof of the vehicle, together with such other and additional information as the Department of
Revenue may deem necessary. A violation of this section is a Class 2 misdemeanor.
Section 12. That § 32-9-13 be amended to read as follows:
32-9-13. Every person or, corporation, or limited liability company desiring to operate a motor
vehicle, trailer, or semitrailer as a motor carrier of property on the public highways of this state shall
choose and fix at the time of registration the maximum gross weight of his said the motor vehicle,
trailer, or semitrailer, without regard to the manufacturer's rated carrying capacity of the same
vehicle.
Section 13. That § 32-9-21 be amended to read as follows:
32-9-21. Every Each motor carrier desiring to discontinue using a vehicle as a commercial motor
vehicle, may, on or before the termination of any year as provided in § 32-9-17, return his the
commercial motor vehicle plates and certificates to the county treasurer of the county where the
vehicle was registered together with his an application for such the discontinuance. Upon satisfactory
evidence that such the carrier will not further operate such the vehicle as a commercial motor
vehicle, the county treasurer shall issue to the person or, corporation, or limited liability company,
so applying, a warrant for the amount due for the remaining months of that year less a five dollar
administrative fee which shall be retained by the county. The commercial motor vehicle plates and
certificates shall be in the possession of the county treasurer on or before the fifth day of the month
to receive credit for that month.
Section 14. That § 32-9-41 be amended to read as follows:
32-9-41. Every Each person or, corporation, or limited liability company operating a motor
vehicle, trailer, or semitrailer as a motor carrier on the highways of this state, whether engaged in
business wholly in this state, or partly in this state and partly in an adjoining state, shall comply with
the provisions of this chapter pertaining to the type of operation engaged in by such the carrier.
Section 15. That § 32-10-11 be amended to read as follows:
32-10-11. A person, firm, or corporation, or limited liability company residing in or organized
under the laws of South Dakota, but having a place of business in a foreign country, state, territory,
or federal district and owning a motor vehicle used in connection with and garaged at such place of
business which it is compelled to register in such the foreign jurisdiction, shall be deemed a resident
of such the foreign jurisdiction and a nonresident of this state within the meaning of this chapter for
the purposes of enjoying the reciprocity privileges, upon complying with the terms of § 32-10-12.
Section 16. That § 32-10-12 be amended to read as follows:
32-10-12. A person, firm, or corporation, or limited liability company described in § 32-10-11
shall, on or before the first day of January of each year, file with the Department of Revenue a
verified statement showing for the preceding year:
(HB 1059)
Mass transit motor vehicle exemptions revised.
Section 1. That § 32-5-42 be amended to read as follows:
32-5-42. Any motor vehicle that is the property of this state, the United States, a county, a
township, a municipality, a public or nonpublic school accredited by the Department of Education,
an Indian mission school in this state, an Indian tribe, a fire department, or any bus or van owned by
a church, or any vehicle purchased by the state under sections 18 and 16(b)2 of the Urban Mass
Transportation Act of 1964 to provide public transportation or specialized transportation or both in
rural and urbanized areas may be registered upon application, in the manner provided for other motor
vehicles. However, the custodian of the vehicle shall make the application directly to the department.
No fees may be charged for the registration of the vehicle. The department, upon payment to it of
the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the
provisions of this section shall be deposited in the license plate special revenue fund. Any
disbursement from this fund shall be made by warrants drawn by the state auditor on vouchers duly
approved by the department. If the vehicle is used for a private business use or as a commercial
motor carrier as defined in § 32-9-1, the operator shall secure vehicle registration pursuant to chapter
32-9 for such use.
Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That § 32-5-67 be amended to read as follows:
32-5-67. All fees received pursuant to §§ 32-5-42, section 2 of this Act, 32-5-65, and 32-5-65.1
shall be credited to a fund to be known as the license plate special revenue fund. The special revenue
fund shall be expended for the purchase of special plates required pursuant to this chapter and the
expenses of the office incident to the issuance thereof. Disbursements from this fund shall be made
by warrants drawn by the state auditor on vouchers duly approved by the secretary.
Section 4. That § 32-5B-2 be amended to read as follows:
32-5B-2. Motor vehicles exempted from the provisions of this chapter are as follows:
and if the motor vehicle was previously titled, licensed, and registered in this state;
(SB 59)
Motor vehicle license plates and decals, use regulated.
Section 1. That § 32-5-103 be amended to read as follows:
32-5-103. Any person, other than a public official designated by this title so to do so, who buys,
sells, or deals in the license plates or decals provided by this chapter during the time such license
plates or decals are valid, or deals with license plates or decals issued by a foreign state, or
counterfeits any such number license plate or decal or substitutes any marker, shall be is guilty of
a Class 2 Class 1 misdemeanor.
Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1060)
Military specialty license plates provisions improved.
Section 1. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 9. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
blue field with white stars and on the right by alternating red and white stripes. The words
Disabled Veteran, shall be inscribed on the plate in blue, in at least ten point bold type;
expiration of the military specialty plates or renewal decals. Failure to surrender the military
specialty plates as required by this section is a Class 2 misdemeanor.
Section 11. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as
follows:
Section 13. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as
follows:
Section 14. That § 32-5-67 be amended to read as follows:
32-5-67. All fees received pursuant to §§ 32-5-65 and, 32-5-65.1, section 6, and section 7 of this
Act shall be credited to a fund to be known as the license plate special revenue fund. The special
revenue fund shall be expended for the purchase of special plates required pursuant to this chapter
and the expenses of the office incident to the issuance thereof. Disbursements from this fund shall
be made by warrants drawn by the state auditor on vouchers duly approved by the secretary.
Section 15. That § 32-30-11.1 be amended to read as follows:
32-30-11.1. Any person with a physical disability, who displays special license plates issued
under § 32-5-76 or 32-5-108 subdivision (2) of section 4 of this Act, a serially numbered certificate
issued under § 32-5-76.1 or 32-5-76.2, or a similar license plate or certificate issued in another state
on an automobile a motor vehicle used in transporting that person, shall be entitled to park without
limitation in areas where parking is normally restricted by time factors and to park in any space
reserved for a person with a disability. However, a municipality may, by ordinance, prohibit parking
on any street or highway for the purpose of creating a fire lane, or to provide for the accommodation
of heavy traffic during morning and afternoon rush hours. The privileges extended to persons with
disabilities do not apply on streets or highways where and during any time parking is prohibited.
Section 16. That § 32-5-55 be repealed.
Section 17. That § 32-5-55.1 be repealed.
Section 18. That § 32-5-56 be repealed.
Section 19. That § 32-5-56.1 be repealed.
Section 20. That § 32-5-59 be repealed.
Section 21. That § 32-5-61 be repealed.
Section 22. That § 32-5-62 be repealed.
Section 23. That § 32-5-63 be repealed.
Section 24. That § 32-5-64 be repealed.
Section 25. That § 32-5-108 be repealed.
Section 26. That § 32-5-109 be repealed.
Section 27. That § 32-5-109.1 be repealed.
Section 28. That § 32-5-109.2 be repealed.
Section 29. That § 32-5-109.3 be repealed.
Section 30. That § 32-5-109.4 be repealed.
Section 31. That § 32-5-109.5 be repealed.
Section 32. That § 32-5-109.6 be repealed.
Section 33. That § 32-5-109.7 be repealed.
Section 34. That § 32-30-8 be repealed.
Section 35. That § 32-30-9 be amended to read as follows:
32-30-9. Any license issued as provided in § 32-5-108 subdivision (2) of section 4 of this Act,
shall be displayed prominently upon the automobile motor vehicle while being parked by or under
the direction of the veteran pursuant to § 32-30-8 § 32-30-11.1.
Section 36. That § 32-30-10 be amended to read as follows:
32-30-10. Upon conviction of any offense involving a violation of the special privilege conferred
by § 32-30-8 § 32-30-11.1 upon holders of the distinctive license plates issued under § 32-5-108
subdivision (2) of this section 4 of this Act, a magistrate or judge trying the case may, as a part of
any penalty imposed, confiscate the distinctive license plates provided in § 32-5-108 subdivision (2)
of section 4 of this Act, and to return the license plates to the Department of Revenue together with
a certified copy of the imposed sentence.
Section 37. That § 32-30-11 be amended to read as follows:
32-30-11. Any person, other than the veteran to whom it was issued, who uses a disabled
veteran's license of identification issued pursuant to § 32-5-108 subdivision (2) of section 4 of this
Act for the purpose of parking an automobile a motor vehicle as permitted by § 32-30-8 § 32-30-11.1, commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred
dollars if the parking space is marked in accordance with the Americans With Disabilities Act
accessibility guidelines as of January 1, 2002.
(SB 61)
Specialty plates for motor vehicles provisions updated.
Section 1. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 6. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
Section 9. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:
emblems and the entity shall reimburse the department for the cost of the emblems plus a fifteen
percent administration fee. The entity shall establish criteria for an emblem specialty plate owner to
qualify for the entity's emblem and the fee to be charged for the entity's emblem. The entity is
responsible for the administration of the entity's emblem.
Section 13. That § 32-5-136 be repealed.
Section 14. That § 32-5-137 be repealed.
Section 15. That § 32-5-138 be repealed.
Section 16. That § 32-5-139 be repealed.
Section 17. That § 32-5-139.1 be repealed.
Section 18. That § 32-5-139.2 be repealed.
Section 19. That § 32-5-139.3 be repealed.
Section 20. That § 32-5-139.4 be repealed.
Section 21. That § 32-5-139.5 be repealed.
Section 22. That § 32-5-139.6 be repealed.
(HB 1056)
Motor vehicle taxes, regulation and licensing redone.
Section 1. That § 32-5B-5 be repealed.
Section 2. That § 32-5B-6 be amended to read as follows:
32-5B-6. On used motor vehicles, the county treasurer shall, for the purpose of this chapter, use
the most generally used and approved nationally recognized dealers' guide provided by the secretary
of revenue. For those cases of vehicles not covered by the provided dealer guides the county treasurer
will shall seek assistance from the Department of Revenue department.
1-26.
Section 3. That § 32-5-129 be repealed.
Section 4. That § 32-5-130 be repealed.
Section 5. That § 32-5-131 be repealed.
Section 6. That § 32-5-132 be repealed.
Section 7. That § 32-5-133 be repealed.
Section 8. That § 32-5-134 be repealed.
Section 9. That § 32-5-135 be repealed.
Section 10. That § 32-5-106 be repealed.
(SB 95)
Vehicle dealer licensing revised.
Section 1. That § 32-6B-5 be amended to read as follows:
32-6B-5. The following persons are exempt from the provisions licensing requirements of this
chapter:
display but may not sell any motor vehicle at an event, if the event lasts three or more
days and if the person registers with and purchases a permit from the Department of
Revenue. If purchased in advance of the event, the person shall pay a fee of two hundred
fifty dollars for a ten-day temporary permit. However, if the permit is purchased at the
event, the person shall pay a fee of five hundred dollars for the temporary permit. This
subdivision does not apply to any customized motorcycle being built for and displayed
during a sponsored event where the participants had to qualify through competition. A
permit is required if any customized motorcycle is being displayed outside the sponsored
event. Any person found to be in violation of the provisions contained in this subdivision
shall be denied a temporary permit for a period of one year from the date of violation;
of the provisions of this subdivision shall be denied a temporary permit for a period of one
year from the date of violation;
32-6B-3.4. Notwithstanding the provisions of subdivision 32-6B-5(4), any titled vehicle,
including a vehicle owned by a vehicle dealer who has obtained a permit under the provisions of
§ 32-6B-5 section 2 of this Act but who is licensed in another state, except a motorcycle, which is
not titled in South Dakota and which is at least twenty years old may be sold at a public auction on
consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this
chapter pertaining to consignment sales or public auctions need to be met.
Section 4. That § 32-6B-3.5 be amended to read as follows:
32-6B-3.5. Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle, including
a motorcycle owned by a dealer who has obtained a permit under the provisions of § 32-6B-5 section
2 of this Act but who is licensed in another state, which is not titled in South Dakota and which is
at least thirty years old may be sold at a public auction on consignment if the title of the vehicle is
issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales
or public auction need to be met.
(SB 58)
Permits for harvest vehicles.
Section 1. That § 32-9-3.1 be amended to read as follows:
32-9-3.1. Any motor vehicle or trailer owned and operated by a resident or a nonresident engaged
in the harvest of agricultural products may be operated upon the highways, roads, and streets of this
state upon payment of a seventy-five dollar fee. Payment of the fee shall be evidenced by a sticker
permit provided by the department affixed in a conspicuous place on the vehicle as the department
may require.
(HB 1159)
Clarify documentation needed
for veteran designation on driver license.
Section 1. That § 32-12-17.15 be amended to read as follows:
32-12-17.15. A designation that the licensee or card holder is a veteran shall be indicated on the
license, permit, or nondriver identification card issued pursuant to this chapter if the licensee or card
holder:
(SB 186)
Electronic driver license renewal requirements.
Section 1. That § 32-12-43 be amended to read as follows:
32-12-43. For renewal of an operator's license, motorcycle operator's license, restricted minor's
permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit,
the Department of Public Safety shall require an examination of the applicant's eyesight, except as
provided pursuant to the provisions of § 32-12-43.1.
Section 2. That § 32-12-43.1 be amended to read as follows:
32-12-43.1. Any person who holds a valid South Dakota operator's license, motorcycle operator's
license, or nondriver identification card that meets the requirements of this chapter and 6 C.F.R. Part
37, as amended to January 1, 2013, may apply for renewal by mail or electronic by mail or
electronically for a replacement or updated license or identification card and a renewal once in any
ten year period if:
32-12-12.3. Any person holding a restricted minor's permit pursuant to § 32-12-12 or a
motorcycle restricted minor's permit pursuant to § 32-12-12.1 may upgrade to an operator's license
or motorcycle operator's license by mail or electronically unless the person has been convicted of a
traffic violation. The holder shall mail to the Department of Public Safety or pay electronically the
appropriate fee pursuant to § 32-12-16. The eyesight test required by § 32-12-4 is waived if
upgrading by mail pursuant to the provisions of this section.
(SB 13)
Using a hand-held mobile phone is a serious traffic violation
and references to federal regulations updated.
Section 1. That § 32-12A-1 be amended to read as follows:
32-12A-1. Terms used in this chapter mean:
including the driver, and is used to transport pre-primary, primary, or secondary school
students from home to school, from school to home, or to and from school-sponsored
events. School bus does not include a bus used as a common carrier;
32-12A-34. The Department of Public Safety shall suspend, revoke, or disqualify the commercial
driver license or driving privilege of a resident of this state upon receiving notice of the conviction
or final administrative decision from another state for an infraction which would provide grounds
for suspension, revocation, or disqualification of the license or driving privilege in this state. The
commercial license of a driver of a commercial motor vehicle convicted of violating a federal, state,
or local law or rule prohibiting texting or the use of a hand-held mobile telephone may be
disqualified as set forth in subsection subsections 32-12A-1(31)(n) and (o), and §§ 32-12A-40 and
32-12A-41.
(HB 1079)
Revise lighting requirements for emergency vehicles.
Section 1. That § 32-17-42 be amended to read as follows:
32-17-42. Any motor vehicle operated by a member of an organized fire department or organized
search and rescue unit or by a person who is an ambulance driver, attendant, or emergency medical
technician affiliated with a licensed ambulance service may be equipped with flashing blue lights
displayed to the front or a blue rotating beacon light or strobe light or both to be visible 360 degrees.
This provision does not relieve the driver of such a vehicle from the duty to drive with due regard
for the safety of all persons using the street nor does it protect the driver of any such vehicle from
the consequence of a reckless disregard of the safety of others.
(SB 88)
Obsolete provisions regarding traction engines repealed.
Section 1. That § 32-19-4 be repealed.
(HB 1037)
Nonstate trunk highway speed zone authority.
Section 1. That § 32-25-7 be amended to read as follows:
32-25-7. The Transportation Commission may establish, by rules promulgated pursuant to
chapter 1-26, a maximum speed limit of less than that established by §§ 32-25-1.1 and 32-25-4 upon
any highway or portion of highway on the state trunk highway system under the jurisdiction of the
Department of Transportation, and any portion of highway under the jurisdiction of a state or federal
agency if requested by the agency. The speed limit established by the commission is the maximum
speed that any person may drive or operate any vehicle or class of vehicle upon that portion of
highway. The Department of Transportation shall conspicuously post signs at the beginning and end
of a portion of highway to show the maximum speed limit established by the commission on that
portion of highway. A violation of any maximum speed limit established by the commission
pursuant to this section is a Class 2 misdemeanor.
(HB 1177)
Texting while driving ban.
Section 1. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That § 23-1A-22 be amended to read as follows:
23-1A-22. If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment
of twenty-five dollars. If the plaintiff prevails in a petty offense case under section 1 of this Act, the
plaintiff shall be granted a judgment of one hundred dollars. However, the trial court may reduce or
eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense
case. If a deposit is required by this chapter, it shall be the amount set by this section.
(HB 1100)
Photo detection systems prohibited.
Section 1. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1122)
Collection of civil fines from speeding
or red light cameras in other states, limited.
Section 1. Terms used in this Act mean:
Section 3. The Department of Public Safety and the Division of Motor Vehicles shall not provide
information used to impose or collect a civil fine that results from a violation captured by a red light
camera or speed camera through any existing interstate compact that does not specifically allow, or
require, information to be shared for that explicit purpose.
(HB 1120)
Alternative documentation of financial responsibility for vehicles.
Section 1. That § 32-35-119 be amended to read as follows:
Section 2. That § 32-35-116 be amended to read as follows:
32-35-116. If a driver of a motor vehicle required to be registered in the state is cited for a
violation of Title 32 or is involved in a reportable motor vehicle accident, the driver of the motor
vehicle shall furnish written evidence of financial responsibility upon request of the law enforcement
officer issuing the citation or investigating the accident. For purposes of this section, an electronic
copy of financial responsibility is written evidence if it meets the requirements of this section and
is issued as an official electronic document by the insurer. The law enforcement officer shall indicate
whether the driver has produced evidence of financial responsibility on the citation and shall write
the driver's evidence of financial responsibility on the accident report. If the driver fails to provide
evidence of financial responsibility at the time the citation or the accident report is issued, the law
enforcement officer may issue the driver a citation for a violation of § 32-35-113.
(SB 89)
Obsolete provisions repealed
regarding the medical department of the National Guard.
Section 1. That § 33-3-26 be repealed.
(HB 1026)
Webster National Guard armory, ownership transferred.
Section 1. The Department of the Military hereby donates the state's interest in the National
Guard armory located in Webster to the city of Webster subject to the city's acceptance of the
property as the property exists on the date of acceptance.
Section 2. The Governor shall execute a quitclaim deed which shall be attested by the
commissioner of the Office of School and Public lands, to transfer all of the state's right, title and
interest in the real estate and improvements commonly known as the Webster National Guard
armory, legally described as Lot two (2) of the city of Webster's Replat of Lot one (1) of Auditor's
Subdivision of the South Half of the Northwest Quarter of Section thirty-five in Township 122 North
of Range 56 West of the 5th Principal Meridian, according to the plat thereof on file in the office of
the Register of Deeds, of Day County, South Dakota, to the city of Webster subject to any applicable
statutory and constitutional reservations.
(HB 1027)
Watertown National Guard armory, ownership transferred.
Section 1. The Department of the Military hereby donates the state's interest in the National
Guard armory located in Watertown to the city of Watertown subject to the city's acceptance of the
property as the property exists on the date of acceptance.
Section 2. The Governor shall execute a quit claim deed which shall be attested by the commissioner of the Office of School and Public lands, to transfer all of the state's right, title and interest in the real estate and improvements commonly known as the Watertown National Guard armory, located on the west 11 feet of Lots 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 and 45; West 17 feet of Lot 26; all of Lots 27, 28, 29, 30, 31, 32, 33, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 and 59; the east 8 feet of Lot 60 and the East 58 feet of Lots 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 and 82 of Way's Fourth Lake Drive Addition to Watertown, Codington County, South Dakota, together with all of the grantor's right, title and interest in and to all vacated streets and alleys adjacent thereto, to the city of Watertown subject to any applicable statutory and constitutional
reservations.
(SB 32)
Appropriation for National Guard armory construction in Watertown.
Section 1. That section 1 of chapter 177 of the 2006 Session Laws be amended to read as
follows:
Section 2. That section 2 of chapter 177 of the 2006 Session Laws be amended to read as
follows:
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 151)
Appointment process revised
for State Veterans Home superintendent.
Section 1. That § 33A-4-6 be amended to read as follows:
33A-4-6. The Department of Veterans Affairs shall provide for the local management of the State
Veterans' Home by the appointment of a superintendent. The Veterans Commission shall provide
a minimum of two nominees but not more than five for the position of superintendent of the State
Veterans' Home to be appointed pursuant to § 33-1-15. The Secretary of Veterans Affairs shall
appoint the superintendent. The superintendent shall be is the executive head of the veterans' home
and shall devote full time to the duties of such the office. The superintendent shall serve at the
pleasure of the Secretary of Veterans Affairs. The superintendent shall be a citizen of the United
States, a resident of South Dakota, and an honorably discharged veteran as defined in § 33A-2-1.
(HB 1111)
Veterans home near Hot Springs, and appropriation.
Section 1. That section 2 of chapter 153 of the 2013 Session Laws be amended to read as
follows:
Section 2. That section 1 of chapter 33 of the 2011 Session Laws be amended to read as follows:
Section 1. It is in the public interest that the South Dakota Building Authority Department of
Veterans Affairs contract for the construction, completion, furnishing and equipping, including
heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping,
maintenance shop, architectural and engineering services, removal of any existing improvements,
demolition of appropriate buildings, cost of issuance of bonds and such other services or actions as
may be required to provide for a state veterans home near Hot Springs, South Dakota, at the
estimated cost of thirty four million six hundred thousand dollars ($34,600,000) forty-one million
two hundred seventy-one thousand two hundred fourteen dollars ($41,271,214). The South Dakota
Building Authority may finance up to twelve million one hundred ten thousand dollars ($12,110,000)
sixteen million three hundred sixty-five thousand forty-four dollars ($16,365,044) of the costs
described in this section through the issuance of revenue bonds, in accordance with this Act and
chapter 5-12.
Section 2. That section 4 of chapter 153 of the 2013 Session Laws be amended to read as
follows:
Section 3. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 31)
Family physician recruitment assistance appropriation.
Section 1. There is hereby appropriated from the general fund the sum of ninety-four thousand
one hundred sixty-seven dollars ($94,167), or so much thereof as may be necessary, to the
Department of Health for the purposes of reimbursing one family physician who has, in the
determination of the department, met the requirements of § 34-12G-3.
Section 2. The secretary of the Department of Health shall approve vouchers and the state auditor
shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 29)
Campground regulation updated.
Section 1. That § 34-18-1 be amended to read as follows:
34-18-1. Terms used in this chapter mean:
34-18-11.1. The annual license fee for a campground shall be as follows is:
Section 4. That ARSD 44:02:14 be amended to read as follows:
Section 6. That ARSD 44:02:14 be amended to read as follows:
Section 7. That ARSD 44:02:14 be amended to read as follows:
Section 8. That ARSD 44:02:14 be amended to read as follows:
Section 9. That ARSD 44:02:14 be amended to read as follows:
Section 10. That ARSD 44:02:14 be amended to read as follows:
Section 11. That ARSD 44:02:14 be amended to read as follows:
Section 12. That ARSD 44:02:14 be amended to read as follows:
Section 13. That ARSD 44:02:14 be amended to read as follows:
Section 14. That ARSD 44:02:14 be amended to read as follows:
Section 15. That ARSD 44:02:14 be amended to read as follows:
Section 16. That ARSD 44:02:14 be amended to read as follows:
Section 17. That ARSD 44:02:09:00 be repealed.
Section 18. That ARSD 44:02:09:01 be repealed.
Section 19. That ARSD 44:02:09:02 be repealed.
Section 20. That ARSD 44:02:09:03 be repealed.
Section 21. That ARSD 44:02:09:04 be repealed.
Section 22. That ARSD 44:02:09:05 be repealed.
Section 23. That ARSD 44:02:09:06 be repealed.
Section 24. That ARSD 44:02:09:07 be repealed.
Section 26. That ARSD 44:02:09:09 be repealed.
Section 27. That ARSD 44:02:09:10 be repealed.
Section 28. That ARSD 44:02:09:11 be repealed.
Section 29. That ARSD 44:02:10:00 be repealed.
Section 30. That ARSD 44:02:10:01 be repealed.
Section 31. That ARSD 44:02:10:02 be repealed.
Section 32. That ARSD 44:02:10:03 be repealed.
Section 33. That ARSD 44:02:10:04 be repealed.
Section 34. That ARSD 44:02:10:05 be repealed.
Section 35. That ARSD 44:02:10:06 be repealed.
Section 36. That ARSD 44:02:10:07 be repealed.
Section 37. That ARSD 44:02:10:08 be repealed.
Section 38. That ARSD 44:02:10:09 be repealed.
Section 39. That ARSD 44:02:10:10 be repealed.
Section 40. That ARSD 44:02:10:11 be repealed.
Section 41. That ARSD 44:02:10:12 be repealed.
Section 42. That ARSD 44:02:10:13 be repealed.
Section 43. That ARSD 44:02:10:14 be repealed.
Section 44. That ARSD 44:02:10:15 be repealed.
Section 45. That ARSD 44:02:10:16 be repealed.
Section 46. That ARSD 44:02:10:17 be repealed.
Section 47. That ARSD 44:02:10:18 be repealed.
Section 48. That ARSD 44:02:10:19 be repealed.
Section 49. That ARSD 44:02:10:20 be repealed.
Section 50. That ARSD 44:02:10:21 be repealed.
Section 51. That ARSD 44:02:10:22 be repealed.
Section 52. That ARSD 44:02:10:23 be repealed.
Section 54. That ARSD 44:02:10:25 be repealed.
Section 55. That ARSD 44:02:10:26 be repealed.
Section 56. That ARSD 44:02:10:27 be repealed.
Section 57. That ARSD 44:02:10:28 be repealed.
Section 58. That ARSD 44:02:10:29 be repealed.
Section 59. That ARSD 44:02:10:30 be repealed.
Section 60. That ARSD 44:02:10:31 be repealed.
Section 61. That ARSD 44:02:10:32 be repealed.
Section 62. That ARSD 44:02:10:33 be repealed.
Section 63. That ARSD 44:02:10:34 be repealed.
Section 64. That ARSD 44:02:10:35 be repealed.
Section 65. That ARSD 44:02:11:00 be repealed.
Section 66. That ARSD 44:02:11:01 be repealed.
Section 67. That ARSD 44:02:11:02 be repealed.
Section 68. That ARSD 44:02:11:03 be repealed.
Section 69. That ARSD 44:02:11:04 be repealed.
Section 70. That ARSD 44:02:11:05 be repealed.
Section 71. That ARSD 44:02:11:06 be repealed.
Section 72. That ARSD 44:02:11:07 be repealed.
Section 73. That ARSD 44:02:11:08 be repealed.
Section 74. That ARSD 44:02:11:09 be repealed.
Section 75. That ARSD 44:02:11:10 be repealed.
Section 76. That ARSD 44:02:11:11 be repealed.
Section 77. That ARSD 44:02:11:12 be repealed.
Section 78. That ARSD 44:02:11:13 be repealed.
Section 79. That ARSD 44:02:11:14 be repealed.
Section 80. That ARSD 44:02:11:15 be repealed.
Section 82. That ARSD 44:02:11:17 be repealed.
Section 83. That ARSD 44:02:11:18 be repealed.
Section 84. That ARSD 44:02:11:19 be repealed.
Section 85. That ARSD 44:02:11:20 be repealed.
Section 86. That ARSD 44:02:11:21 be repealed.
Section 87. That ARSD 44:02:11:22 be repealed.
Section 88. That ARSD 44:02:11:23 be repealed.
Section 89. That ARSD 44:02:11:24 be repealed.
Section 90. That ARSD 44:02:11:25 be repealed.
Section 91. That ARSD 44:02:11:26 be repealed.
Section 92. That ARSD 44:02:12:00 be repealed.
Section 93. That ARSD 44:02:12:01 be repealed.
Section 94. That ARSD 44:02:12:02 be repealed.
Section 95. That ARSD 44:02:12:03 be repealed.
Section 96. That ARSD 44:02:12:04 be repealed.
Section 97. That ARSD 44:02:12:05 be repealed.
Section 98. That ARSD 44:02:12:06 be repealed.
Section 99. That ARSD 44:02:12:07 be repealed.
Section 100. That ARSD 44:02:12:08 be repealed.
Section 101. That ARSD 44:02:12:09 be repealed.
Section 102. That ARSD 44:02:12:10 be repealed.
Section 103. That ARSD 44:02:12:11 be repealed.
Section 104. That ARSD 44:02:12:12 be repealed.
Section 105. That ARSD 44:02:12:13 be repealed.
Section 106. That ARSD 44:02:12:14 be repealed.
Section 107. That ARSD 44:02:12:15 be repealed.
Section 108. That ARSD 44:02:12:16 be repealed.
Section 110. That ARSD 44:02:12:18 be repealed.
Section 111. That ARSD 44:02:12:19 be repealed.
Section 112. That ARSD 44:02:12:20 be repealed.
Section 113. That ARSD 44:02:12:21 be repealed.
Section 114. That ARSD 44:02:12:22 be repealed.
Section 115. That ARSD 44:02:12:23 be repealed.
Section 116. That ARSD 44:02:12:24 be repealed.
Section 117. That ARSD 44:02:12:25 be repealed.
Section 118. That ARSD 44:02:12:26 be repealed.
Section 119. That ARSD 44:02:12:27 be repealed.
Section 120. That ARSD 44:02:12:28 be repealed.
Section 121. That ARSD 44:02:12:29 be repealed.
(HB 1024)
Controlled substances schedule revised.
Section 1. That § 34-20B-14 be amended to read as follows:
34-20B-14. Any material, compound, mixture, or preparation which contains any quantity of the
following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in
Schedule I, unless specifically excepted, whenever the existence of such salts, isomers, and salts of
isomers is possible within the specific chemical designation:
Methylenedioxymethcathinone (MDMC); Pentylone; Ethylethcathinone;
Ethylmethcathinone; Fluoroethcathinone; methyl-alpha-pyrrolidinobutiophenone
(MPBP); Methylecathinone (MEC); Methylenedioxy-alpha-pyrrolidinobutiophenone
(MDPBP); Methoxymethcathinone (MOMC); Methylbuphedrone (MBP); Benzedrone (4-MBC); Dibutylone (DMBDB); Dimethylone (MDDMA); Diethylcathinone; Eutylone
(EBDB); N-ethyl-N-Methylcathinone; N-ethylbuphedrone;
by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indole ring to any extent
and whether or not substituted in the naphthyl ring to any extent.
piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, or (tetrahydropyran-4-yl)methyl group, whether or not further substituted in the indene ring to any extent
and whether or not substituted in the naphthyl ring to any extent.
Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (2C-I-NBOH or 25I-NBOH); 5-(2-Aminoprpyl)benzofuran (5-APB); 6-(2-Aminopropyl)benzofuran (6-APB); 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (6-APDB);
34-20B-20. Any material, compound, mixture, or preparation is included in Schedule III which
contains any quantity of the following substances having a potential for abuse associated with a
depressant effect on the central nervous system:
(SB 24)
Pseudoephedrine reporting requirements changed.
Section 1. That § 34-20D-8 be amended to read as follows:
34-20D-8. If offering for sale a product containing pseudoephedrine or, ephedrine, or
phenylpropanolamine as an active ingredient, a retailer shall, before making such a sale, require and
make a record of the identification of the person purchasing the product containing pseudoephedrine
or ephedrine. For purposes of this section, the term, identification, means a document issued by a
governmental agency which that contains a description of the person or a photograph of the person,
or both, and gives the person's date of birth, such as a tribal identification card, driver license, state-issued identification card, passport, or military identification card. The retailer shall maintain
electronically submit the record of identification, including the purchaser's name and, date of birth,
address of purchaser, the product name, the quantity sold, the date and time of the sale, and unique
identification number relating to the electronic record into the electronic record-keeping system prior
to completing the sale of a product containing pseudoephedrine, ephedrine, or phenylpropanolamine
unless a waiver has been granted. On August 1, 2006, and no later than the fifth day of every month
thereafter, the retailer shall submit, electronically or in writing, any such records to the Office of the
Attorney General. If a waiver is granted, the retailer shall submit written records to the Office of the
Attorney General no later than the fifth day of every month. The retailer shall maintain the record
of identification required by this section for two years, after which the record shall be destroyed. No
retailer may use or maintain the record for any private or commercial purpose or disclose the record
to any person, except as authorized by law. The retailer shall disclose the record, upon request, to
a law enforcement agency for a law enforcement purpose. If the sale generates a stop-sale alert, the
seller may not complete the sale unless the seller has a reasonable fear of imminent bodily harm if
he or she does not complete the sale. The electronic record-keeping system shall contain an override
function to the stop-sale alert for the seller to use in a situation in which a reasonable fear of
imminent bodily harm is present.
Section 2. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1180)
An entity that places children for adoption or performs abortions
may not be registered as a pregnancy help center.
Section 1. That subdivision (1) of § 34-23A-53 be amended to read as follows:
34-23A-58. The Department of Health shall maintain a registry of pregnancy help centers located
in the State of South Dakota. The Department shall publish a list of all pregnancy help centers which
submit a written request or application to be listed on the state registry of pregnancy help centers.
All pregnancy help centers seeking to be listed on the registry shall be so listed without charge, if
they submit an affidavit that certifies that:
with their unborn children;
Section 3. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as
follows:
are available for the counseling required by the law. If the department determines that a pregnancy
help center on the registry does not have a person currently licensed to provide the required
counseling, the department shall notify the pregnancy help center of that determination and if the
pregnancy help center cannot demonstrate that it has a licensed person to provide the counseling
consistent with the law, the department shall remove the pregnancy help center from the registry. If
a pregnancy help center is removed by the department from its registry pursuant to this Act, the
department shall inform all physicians, facilities, and entities to whom the department provides a
copy of the registry of pregnancy help centers that the pregnancy help center is removed.
(HB 1162)
Prohibit the practice of sex-selective abortions.
Section 1. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That § 34-23A-56 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
will or the result of the use of pressure and coercion.
Section 5. That § 34-23A-34 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
Section 7. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as
follows:
(SB 171)
Federal forms as sufficient
to direct the disposition of the body of a service member.
Section 1. That chapter 34-26 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1092)
Crematoria must be affiliated with licensed funeral home.
Section 1. That § 34-26A-3 be amended to read as follows:
34-26A-3. Any resident of this state, or any cemetery, funeral establishment, corporation,
partnership, joint venture, voluntary organization, or any other entity may erect, maintain, and
conduct operate a crematory in this state and provide the necessary appliances and facilities for the
cremation of human remains in accordance with this chapter. The operation of any crematory in this
state shall be under the direction and supervision of a licensed funeral director and a licensed funeral
establishment, each licensed pursuant to chapter 36-19. However, any medical facility cremating
either whole or specific body parts does not need to be under the direction and supervision of a
licensed funeral director and licensed funeral establishment. A crematory shall conform with all local
building codes and environmental standards, and it may be constructed on, or adjacent to, any
cemetery, on or adjacent to any funeral establishment that is zoned commercial or industrial, or at
any other location consistent with local zoning regulations.
Section 2. That § 34-26A-41 be amended to read as follows:
34-26A-41. A crematory authority may employ a licensed funeral director for the purpose of
arranging cremations with the general public, transporting human remains to the crematory, and
processing all necessary paperwork. No provision of this chapter may be construed to require a
licensed funeral director to perform any functions not otherwise required by law to be performed by
a licensed funeral director.
(HB 1087)
Allow registered voters to vote in rural fire protection district.
Section 1. That § 34-31A-43 be amended to read as follows:
34-31A-43. A regular meeting of the electors who are owners of any interest in real property
assessed for taxation in the district and registered voters who are residing within the boundaries of
a district shall be held in the first quarter of each calendar year and special meetings may be called
by the board of directors at any time. The annual election shall may be conducted during the regular
meeting consistent with the provisions of chapter 8-3. Notice of the annual election shall be given
by the secretary-treasurer by one publication in a legal newspaper of general circulation in each
county in which the district is situated. The meeting shall be held not less than seven days nor more
than fourteen days after the date of publication of the notice.
Section 2. That chapter 34-31A be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1129)
Explosive targets prohibited
in the Black Hills Forest Fire Protection District.
Section 1. That chapter 34-35 be amended by adding thereto a NEW SECTION to read as
follows:
(SB 181)
Prohibit the sale of alternative nicotine products to minors.
Section 2. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as
follows:
(SB 39)
Alcoholic beverage open container requirements changed.
Section 1. That § 35-1-5.7 be amended to read as follows:
35-1-5.7. Notwithstanding the provisions of § 35-1-5.6, a licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and that was served at a table on the licensed premises. The licensee may charge a corkage fee for serving
wine supplied by a customer. The customer may carry out the unconsumed portion of the bottle of
wine if it is securely resealed by the licensee with a cork or other similar cap and placed in a sealed
bag or other container. The licensee shall also attach the receipt for the meal and any corkage fee to
the bag or container. A bottle of wine that is recorked and sealed as provided in this section is not
a violation of the provisions of § 35-1-9.1 if the cork and the seal have not been disturbed.
Section 2. That § 35-1-9.3 be amended to read as follows:
35-1-9.3. It is not a violation of § 35-1-9.1 if:
35-1-9.4. A licensee that is licensed to sell wine on-sale may permit a customer to carry out the
unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the
licensee and consumed a portion of it with a meal that was prepared and served by the licensee at
a table on the licensed premises. The licensee shall securely reseal the bottle of wine with a cork or
other similar cap and place the bottle in a sealed bag or other container. The licensee shall also attach
a receipt for the meal and the wine to the bag or container. A bottle of wine that is recorked and
sealed as provided in this section is not a violation of the provisions of § 35-1-9.1 if the cork and the
seal have not been disturbed.
(SB 91)
Municipal government authority
to regulate alcoholic beverages in motor carriers.
Section 1. That subdivision (9) of § 35-4-2 be amended to read as follows:
(HB 1148)
Patrons may manufacture malt beverages and wines
on the licensed premises for personal use.
Section 1. That § 35-4-2 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
35-1-5.4. Any person who produces for personal, family, or similar use two hundred gallons or
less of malt beverage each year or any person who produces for personal, family, or similar use two
hundred gallons or less of wine each year is exempt from any license required by this title and is
exempt from any tax or fee imposed by this title. The malt beverage or wine produced pursuant to
this section may not be sold or offered for sale.
(SB 163)
Social host liability for underage consumption of alcoholic beverages.
Section 1. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
Section 5. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:
(SB 150)
Supraglottic airway devices
may be used by emergency medical technicians.
Section 1. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 172)
Revise provisions relating to services of dental hygienists.
Section 1. That § 36-6A-40 be amended to read as follows:
36-6A-40. Any licensed dentist, public institution, or school authority may use the services of
a licensed dental hygienist. Such licensed dental hygienist may perform those services which are
educational, diagnostic, therapeutic, or preventive in nature and are authorized by the Board of
Dentistry, including those additional procedures authorized by subdivision 36-6A-14(10). Such
services may not include the establishment of a final diagnosis or treatment plan for a dental patient.
Such services shall be performed under supervision of a licensed dentist.
(SB 30)
Advanced practice nurse licensure
and nursing loan assistance program changed.
Section 1. That § 36-9-1 be amended to read as follows:
36-9-1. Terms as used in this chapter, unless the context otherwise requires, mean:
Section 2. That § 36-9-2 be amended to read as follows:
36-9-2. Any person practicing or offering to practice as:
Section 3. That § 36-9-32.2 be amended to read as follows:
36-9-32.2. Upon application and payment of the required fee, the Board of Nursing may issue
a temporary permit to practice as a registered nurse anesthetist to an applicant from another state
holding a current certificate license as a certified registered nurse anesthetist while awaiting licensure
and certification in this state. This permit shall bear an issuance date and a termination date and may
not be valid for more than ninety days.
Section 4. That § 36-9-36 be amended to read as follows:
36-9-36. A person who holds a license to practice as a registered nurse in this state may use the
title registered nurse and the abbreviation "R.N.", RN. A person who holds a certificate license to
practice as a certified registered nurse anesthetist in this state may use the title, certified registered
nurse anesthetist and the abbreviation "C.R.N.A." abbreviated, CRNA, and the title, advanced
practice registered nurse abbreviated, APRN.
Section 5. That § 36-9-76 be amended to read as follows:
36-9-76. The South Dakota Board of Nursing may establish a nurses' education assistance loan
scholarship program and adopt rules pursuant to chapter 1-26 to provide the criteria for applicant
eligibility and program administration.
Section 6. That § 36-9-77 be amended to read as follows:
36-9-77. Funding for the nurses' education assistance loan scholarship program shall be
established as follows:
36-9-78. To qualify for the nurses' education assistance loan scholarship program the applicant
shall meet the following criteria:
36-9-79. The number and distribution of loans scholarships from the nurses' education assistance
loan scholarship program shall be determined annually by the South Dakota Board of Nursing.
However, the total loan scholarship amount shall be distributed for registered nurses' basic education
and degree enhancement and licensed practical nurses' basic education proportionate to the number
of licensees in each category on an annual basis.
Section 9. That § 36-9-80 be amended to read as follows:
36-9-80. Distributions from the nurses' education assistance loan scholarship program are subject
to the following:
Section 11. That § 36-9-82 be repealed.
Section 12. That § 36-9-83 be repealed.
Section 13. That § 36-9-88 be amended to read as follows:
36-9-88. A person who holds a license to practice as a clinical nurse specialist in this state may
use the title, clinical nurse specialist, and the abbreviation C.N.S, CNS, and the title, advanced
practice registered nurse, and the abbreviation, APRN.
Section 14. That § 36-9A-1 be amended to read as follows:
36-9A-1. Terms as used in this chapter mean:
36-9A-11. A person licensed to practice as a nurse practitioner in this state may use the title ",
APRN, and certified nurse practitioner" and the abbreviation " abbreviated, CNP." A person licensed
to practice as a nurse midwife in this state may use the title ", APRN, and certified nurse midwife"
and the abbreviation " abbreviated, CNM."
(HB 1044)
Cosmetology services may be provided at a place other than a salon.
Section 1. That § 36-15-54 be amended to read as follows:
36-15-54. Cosmetology, nail technology, and esthetics may only be practiced in a licensed salon
or booth, except as provided in this section. A demonstrator, while demonstrating under the
provisions of this chapter may practice cosmetology for compensation, fee, or any other
remuneration outside of the premises of a licensed salon. In addition, a licensee may practice
cosmetology services on persons unable to come to the salon because of imprisonment, disabling
sickness, or other disability as long as the licensee documents the service through a salon or booth.
A licensed nursing facility that permits cosmetology services only to its residents and does not
advertise as a salon is not required to have a salon license notwithstanding the following exceptions:
(SB 47)
Real estate appraisers licensing updated.
Section 1. That chapter 36-21B be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 36-21B be amended by adding thereto a NEW SECTION to read as follows:
(SB 45)
Home inspector disciplinary actions.
Section 1. That § 36-21C-13 be amended to read as follows:
36-21C-13. The commission may refuse to grant or may suspend or revoke a home inspector
license or registration upon proof, to the satisfaction of the commission, that the holder has:
(SB 48)
Appraisal management companies
to maintain financial security related to performance.
Section 1. That chapter 36-21D be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 36-21D be amended by adding thereto a NEW SECTION to read as
follows:
36-21D-4. The secretary of the Department of Labor and Regulation may promulgate rules
pursuant to chapter 1-26 relating to appraisal management companies and appraisal management
services as follows:
(HB 1046)
Plumbing commission licenses and fees changed.
Section 1. That § 36-25-19 be amended to read as follows:
36-25-19. Application for a plumber's permit license required by this chapter shall be made to
the commission, accompanied by the proper fee. Unless the applicant is entitled to a renewal he, the
applicant shall be registered by the commission only after satisfactorily passing an examination
showing fitness to practice his the applicant's trade. Examinations may be held in conjunction with
any quarterly meeting of the commission.
Section 2. That § 36-25-19.1 be amended to read as follows:
36-25-19.1. The commission shall collect a plumbing permit fee from any person responsible for
the installation of plumbing work. The plumbing inspection fee shall include the fee for a plumbing
installation certificate, plus the appropriate fees for the plumbing fixtures to be inspected. The
maximum fee for permits in a single-family dwelling unit is fifty dollars. The maximum fee for
permits in a multiple-dwelling unit or public building is two hundred dollars. The commission shall
establish by rule promulgated pursuant to chapter 1-26 the fee for the plumbing installation
certificate and the fees for inspections of plumbing fixtures. Any person who is responsible for the
installation of plumbing work shall pay a plumbing inspection fee. The plumbing inspection fee shall
be the sum of a plumbing installation certificate fee plus a plumbing permit fee. The commission
shall establish by rule, promulgated pursuant to chapter 1-26, the plumbing permit fee and the
plumbing installation certificate fee. The plumbing permit fee for a single-family dwelling unit may
not exceed seventy-five dollars. The plumbing permit fee for a multiple-dwelling unit or a public
building may not exceed two hundred fifty dollars. The plumbing installation certificate fee may not
exceed ten dollars.
Section 3. That § 36-25-22 be amended to read as follows:
36-25-22. The commission shall register and issue a permit license to applicants who have
successfully qualified for such permit license under the provisions of this chapter and upon payment
of the fee herein provided. Permits shall expire Each license expires December thirty-first of each
year, but may be renewed upon application made not later than the following January thirty-first.
Section 4. That § 36-25-24 be amended to read as follows:
36-25-24. Fees for permits for plumbing contractors and plumbers an initial apprentice license,
the license's annual renewal, and a temporary license shall be promulgated in rules, pursuant to
chapter 1-26, by the commission, which commission. The temporary license fees shall be payable
prior to taking the examination for the first time. No person may renew an apprentice license once
the person has accumulated seven thousand six hundred hours of experience. No fee may exceed
fifty dollars.
(HB 1025)
Nursing facility administrators licensing revised.
Section 1. That § 36-28-1 be amended to read as follows:
36-28-1. For the purposes of this chapter, the following definitions are hereby established Terms
used in this chapter mean:
36-28-2. The South Dakota State Board for Nursing Facility Administrators consists of eleven
board consists of five members. The members of the board shall be appointed by the Governor and
shall include one licensed physician and one registered nurse, neither of whom may be an
administrator or an employee of a nursing facility nor have any direct financial interest in nursing
facilities; one practicing hospital administrator who is also licensed as a nursing facility
administrator; two practicing administrators of proprietary nursing facilities; two practicing
administrators of nonprofit nursing facilities; a designee of the secretary of health; a designee of the
secretary of social services; and, two members four members who are licensed nursing facility
administrators who are actively practicing in South Dakota and one member of the general public
who are not administrators or employees is not an administrator or employee of a nursing facility and
who have has no direct financial interest in nursing facilities a nursing facility. The terms of all
members are to be three years. No member may serve more than three consecutive full terms. The
terms of members begin on October thirty-first of the calendar year in which the Governor appoints
the member, unless otherwise designated by the Governor. The appointee's term expires on October
thirtieth in the third year of appointment. The designees of the health and social services departments
shall serve without compensation and reimbursement as provided in § 36-28-25, except that their
travel expenses shall be paid by their respective agencies pursuant to § 3-9-2. The appointment to
an unexpired term is not considered a full term.
Section 3. That § 36-28-4 be amended to read as follows:
36-28-4. The board shall annually elect from its membership a chairman, vice-chairman
president, vice president, and secretary-treasurer, and shall adopt rules pursuant to chapter 1-26 to
govern its proceedings. No officer may serve more than three consecutive one-year terms. The board
may, in accordance with chapter 3-6A, employ and fix the compensation and duties of necessary
personnel to assist it in the performance of its duties expend funds for administrative, consultant, and
other necessary services for the board with the amount of the expenditures to be set by the board.
Section 4. That chapter 36-28 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 36-28 be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That § 36-28-7 be amended to read as follows:
36-28-7. The Board of Examiners is empowered to commence actions for injunctions for
violations of this chapter or regulations promulgated hereunder as an alternate to criminal
proceedings. The commencement of one proceeding by the board constitutes an election board may
commence an action for an injunction for a violation of this chapter or regulation promulgated
pursuant to this chapter.
Section 7. That § 36-28-11 be amended to read as follows:
36-28-11. The Board of Examiners shall have the power, duty, and responsibility to board may
develop and apply appropriate techniques, including examination and investigation, for determining
whether an individual meets the requirements of § 36-28-10. Examination and re-examination fees
are nonrefundable and shall be fixed in rules promulgated by the Board of Examiners board pursuant
to chapter 1-26 and may not exceed two hundred dollars.
Section 8. That § 36-28-12 be amended to read as follows:
36-28-12. The board may issue licenses to qualified persons as nursing facility administrators,
and shall a license to a qualified person and may establish qualification criteria pursuant to chapter
1-26 for such nursing facility administrators. No license shall may be issued to a person as a nursing
facility administrator unless the applicant:
36-28-13. Pending examination, the The board may issue an emergency permit to practice as a
nursing facility administrator for a period not exceeding to exceed one year to a qualified person
filing a written application for a license with the board. The board shall may adopt rules pursuant
to chapter 1-26 regarding application procedures, renewal procedures, supervision, and the
nonrefundable fee for an emergency permit which may not exceed four hundred dollars.
Section 10. That § 36-28-14 be amended to read as follows:
36-28-14. The board may issue a nursing facility administrator's license, without examination,
administrator license to any person who holds a current license as a nursing facility administrator
or equivalent license from another jurisdiction, if the board finds that the standards for licensure in
such other jurisdiction are at least substantially equivalent of to those prevailing in this state and that
the applicant is otherwise qualified. The board may adopt, by rules promulgated pursuant to chapter
1-26, minimum requirements for qualification and a nonrefundable fee for reciprocal licensure which
may not exceed five hundred dollars.
Section 11. That § 36-28-15 be amended to read as follows:
36-28-15. Any person applying to be licensed as a nursing facility administrator shall pay an a
nonrefundable initial license fee in an amount set by rule promulgated by the board pursuant to
chapter 1-26, which may not exceed one hundred fifty five hundred dollars. The initial license fee
shall be prorated to the next biennial renewal date according to rule promulgated by the board
pursuant to chapter 1-26.
Section 12. That § 36-28-16 be amended to read as follows:
36-28-16. The Board of Examiners shall board may license nursing facility administrators in
accordance with this chapter and rules issued by it in compliance with promulgated by the board
pursuant to chapter 1-26. A nursing facility administrator's administrator license shall is not be
transferable and shall be is valid until surrendered for cancellation or suspended or revoked for
violation of this chapter or of any other law or regulation relating to the proper administration and
management of a nursing facility any rule promulgated pursuant to this chapter. A nursing facility
administrator license that is not renewed by December thirty-first of even-numbered years expires
and is no longer valid.
Section 13. That § 36-28-17 be repealed.
Section 14. That § 36-28-18 be amended to read as follows:
36-28-18. A Each nursing facility administrator's administrator license expires on December
thirty-first biennially of even-numbered years and is renewable biennially thereafter upon application
to the board and payment of a biennial license renewal fee set by in rule promulgated by the board
pursuant to chapter 1-26. The renewal fee may not exceed one hundred fifty five hundred dollars.
Section 15. That § 36-28-18.1 be amended to read as follows:
36-28-18.1. The board may issue a duplicate licenses license and may promulgate rules pursuant
to chapter 1-26 and set fees a fee, which may not exceed fifty one hundred dollars, pursuant to
chapter 1-26.
Section 16. That § 36-28-18.2 be amended to read as follows:
36-28-18.2. A licensed nursing facility administrator may file for inactive status and pay a fee
of not more than seventy-five three hundred dollars. The administrator may reactivate the license
within five years of the date of inactivation by completing an application, paying the required fee,
completing the continuing education requirement, passing the state examination, and fulfilling other
experiences requirements as determined by the length of inactive status, as prescribed by the board
in rules promulgated pursuant to chapter 1-26.
Section 17. That § 36-28-19 be repealed.
Section 18. That § 36-28-20 be repealed.
Section 19. That § 36-28-21 be repealed.
Section 20. That § 36-28-21.1 be amended to read as follows:
36-28-21.1. The Board of Examiners shall board may promulgate rules pursuant to chapter 1-26
to establish continuing education requirements for renewal of licenses a license.
Section 21. That § 36-28-22 be repealed.
Section 22. That § 36-28-23 be amended to read as follows:
36-28-23. The Board of Examiners shall have the power, duty, and responsibility to receive,
board may investigate, and take appropriate action with respect to any charge or complaint filed with
the board to the effect that any individual licensed as a nursing facility administrator has failed to
comply with the requirements of this chapter if it comes to the attention of the board that a licensee
may have violated a provision of this chapter or a rule promulgated pursuant to this chapter. The
board may revoke or suspend a license of any licensee violating any provision of this chapter and
any rule promulgated pursuant to this chapter.
Section 23. That § 36-28-24 be repealed.
Section 24. That § 36-28-25 be amended to read as follows:
Section 25. That § 36-28-26 be repealed.
Section 26. That § 36-28-27 be repealed.
Section 27. That ARSD 20:49:01:01 be amended to read as follows:
Section 28. That ARSD 20:49:02:02 be repealed.
Section 29. That ARSD 20:49:02:03 be amended to read as follows:
Section 30. That ARSD 20:49:03:01 be amended to read as follows:
Section 32. That ARSD 20:49:03:03 be amended to read as follows:
Section 33. That ARSD 20:49:03:05 be repealed.
Section 34. That ARSD 20:49:03:07 be amended to read as follows:
Section 35. That ARSD 20:49:04:01 be amended to read as follows:
Section 37. That ARSD 20:49:04:03 be amended to read as follows:
Section 38. That ARSD 20:49:04:08 be repealed.
Section 39. That ARSD 20:49:05:01 be amended to read as follows:
Section 40. that ARSD 20:49:06:01 be amended to read as follows:
Section 41. That ARSD 20:49:07:02 be amended to read as follows:
Section 42. That ARSD 20:49:08:01 be amended to read as follows:
administrator to be eligible to renew the license.
Section 43. That ARSD 20:49:08:01.01 be amended to read as follows:
Section 44. That ARSD 20:49:08:02 be amended to read as follows:
Section 45. That ARSD 20:49:08:03 be amended to read as follows:
Section 46. That ARSD 20:49:08:04 be amended to read as follows:
Section 47. That ARSD 20:49:08:05 be repealed.
Section 48. That ARSD 20:49:10:08 be repealed.
Section 49. That ARSD 20:49:10:09 be repealed.
Section 50. That ARSD 20:49:14:01 be amended to read as follows:
SOUTH DAKOTA STATE BOARD OF EXAMINERS
FOR NURSING HOME ADMINISTRATORS
may petition the board to issue a declaratory ruling by filing a written request.
Section 51. That ARSD 20:49:14:02 be repealed.
Section 52. That ARSD 20:49:15:01 be amended to read as follows:
Section 53. That ARSD 20:49:15:02 be amended to read as follows:
defined in items 1 to 16, inclusive, of this rule.
(SB 14)
Board of Examiners of Counselors
and Marriage and Family Therapists, requirements changed.
Section 1. That § 36-32-13.1 be repealed.
Section 2. That § 36-32-13.2 be repealed.
Section 3. That § 36-32-18 be amended to read as follows:
36-32-18. The board shall hold licensure examinations at least annually and from time to time
at such places as the board may designate require an examination for licensure as a professional
counselor or a professional counselor-mental health.
Section 4. That § 36-32-19 be amended to read as follows:
36-32-19. Any applicant failing to pass the examination provided by this chapter for licensure
is entitled within six months to a reexamination upon payment of an additional fee, not to exceed
one hundred dollars, to be promulgated by the board pursuant to chapter 1-26. However, two such
reexaminations shall exhaust the privilege under the original application to two reexaminations under
the plan of supervision filed with the board.
Section 5. That § 36-32-19.1 be repealed.
Section 6. That § 36-32-41 be amended to read as follows:
36-32-41. Effective January 1, 1996, a A licensed professional counselor may apply to the board
for certification licensure as a licensed professional counselor-mental health (LPC-MH). No person
may use the designation LPC-MH unless the person is certified licensed pursuant to §§ 36-32-41 to
36-32-43, inclusive.
Section 7. That § 36-32-42 be amended to read as follows:
36-32-42. The board shall certify license an applicant as a LPC-MH if the applicant fulfills the
following requirements:
Programs, July 1991, or an equivalent program as demonstrated by studies in the
following areas:
36-32-43. The board shall promulgate rules pursuant to chapter 1-26 regarding standards for
professional practice, certification licensing, eligibility, continuing education, ethical standards,
supervision, and examination of an applicant for and a holder of certification licensure as a licensed
professional counselor-mental health. The board shall set fees pursuant to chapter 1-26 of not more
than one hundred fifty dollars for examination for certification, not more than seventy-five dollars
for initial certification licensure, and not more than seventy-five dollars for annual renewal of
certification licensure.
Section 9. That § 36-32-44 be amended to read as follows:
36-32-44. Supervision received in pursuit of licensure as a licensed professional counselor, if the
supervising mental health professional holds the highest level of licensure within that supervisor's
profession, and clinical experience consisting of direct client contact in a clinical setting accumulated
in pursuit of licensure as a licensed professional counselor, may be applied to fulfill the certification
licensing requirements of a licensed professional counselor--mental health. No more than fifty hours
of such supervision and no more than one thousand hours of such clinical experience may be applied
to the certification licensing requirements of a licensed professional counselor--mental health.
Section 10. That § 36-32-45 be repealed.
Section 11. That § 36-33-11 be amended to read as follows:
36-33-11. The board may conduct shall require an examination at least once a year at a time and
place designated by the board for licensure.
Section 12. That § 36-33-12 be amended to read as follows:
36-33-12. Any applicant who fails an examination conducted required by the board is entitled
after six months to a reexamination upon payment of an additional fee, but to three such
reexaminations shall exhaust the privilege under the original application plan of supervision filed
with the board.
(HB 1107)
Repeal obsolete provisions regarding restraint of trade.
Section 1. That § 37-1-15 be repealed.
Section 2. That § 37-1-16 be repealed.
Section 3. That § 37-1-17 be repealed.
(HB 1106)
Obsolete provision repealed
regarding the sale of petroleum products.
Section 1. That § 37-2-14 be repealed.
(SB 57)
Trading stamp business regulation repealed.
Section 1. That § 37-19-1 be repealed.
Section 2. That §§ 37-19-2 to 37-19-12, inclusive, be repealed.
(SB 23)
Retail crime and deceptive trade practices revised.
Section 1. That § 37-24-6 be amended to read as follows:
37-24-6. It is a deceptive act or practice for any person to:
fee to be charged during the guest's reserved continuous stay is delivered to the guest and
an acknowledgment of receipt of the notice is signed by the guest and kept by the
innkeeper for the same period of time as is required by § 34-18-21;
relationship or a message sent at the request or express consent of the recipient.
Section 2. That § 37-24-1 be amended to read as follows:
37-24-1. Terms used in this chapter mean:
or services, whether or not such prices are actually stated in the advertisement; or, the
making of price reduction claims or savings claims with respect to the seller's current
price. The term includes, but is not limited to, such comparisons as "50% off," "Up to
70% off," "Save 1/3," "Half-price sale," "30% to 70% off," "Was $20, now half price,"
"Guaranteed Lowest Prices," "$10 value, now $8," "Was $7, now $6," "List Price $50,
Our Price $29," "Clearance Price," or "Liquidation Price";
37-24-23. Whenever If the attorney general has reason to believe that any person is using, has
used, or is about to use any act or practice declared to be unlawful by § 37-24-6 and that proceedings
would be in the public interest, he the attorney general may bring an action in the name of the state
against such the person to restrain by temporary or permanent injunction the use of such the act or
practice, upon the giving of appropriate notice to that person. The notice must shall state generally
the relief sought and be served in accordance with § 37-24-16 and at least three days before any
hearing in the action. The attorney general, if the prevailing plaintiff, may also recover reasonable
attorney's fees and costs.
Section 4. That chapter 43-32 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That § 22-30A-8.1 be amended to read as follows:
Section 6. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as
follows:
Section 9. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as
follows:
Section 10. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as
follows:
37-24-10. Nothing in this chapter shall apply applies to acts or practices required or permitted
under by or in accord with laws of this state or the United States or under rules, regulations, sub-regulatory policy, or decisions interpreting such laws the same.
(SB 143)
Civil remedy for a bad faith assertion of patent infringement.
Section 1. Terms used in this Act mean:
Section 3. A court may consider the following factors as evidence that a person has made a bad
faith assertion of patent infringement:
Section 6. The attorney general may bring civil actions, and enter into assurances of
discontinuance as provided under chapter 37-24. In an action brought by the attorney general under
this Act the court may award or impose any relief available under chapter 37-24.
Section 7. A target of conduct involving assertions of patent infringement, or a person aggrieved
by a violation of this Act or by a violation of rules promulgated pursuant to this Act, may bring an
action in a court of proper jurisdiction. A court may award the following remedies to a plaintiff who
prevails in an action brought pursuant to this section:
Section 9. This Act does not apply to any demand letter sent by:
(HB 1081)
Revise provisions related to the wheat checkoff program.
Section 1. That § 38-10-2 be amended to read as follows:
38-10-2. Terms used in this chapter mean:
38-10-22. There is hereby assessed a promotional fee of one and one-half cents four-tenths of
one percent of the value of the net market price per bushel upon all wheat sold through commercial
channels in the State of South Dakota. The fee is shall be assessed and imposed on the grower at the
time of sale or delivery, and shall be collected and remitted by the first purchaser in the manner
described by the commission pursuant to administrative rules promulgated pursuant to chapter 1-26.
No wheat may be is subject to the fee more than once.
38-10-25. The purchaser, at the time of settlement thereof of the purchase, shall make and deliver
a proof of purchase to the grower. This proof of purchase document may be a settlement sheet, a
check stub, or other legible document showing:
(SB 46)
Cruelty to animals, standards updated.
Section 1. That § 40-1-1 be amended to read as follows:
40-1-1. Terms used in chapters 40-1 and 40-2, mean:
conformation, or other attributes of the species to an extent that makes it unique and
different from wild individuals of its kind "Dangerous animal," any animal that, by itself
or by environmental circumstances, at the determination of the board, any agent or officer
of a humane society, or any law enforcement officer, is a threat to the physical well-being
of other owned animals or humans;
Section 3. That § 40-1-2.3 be amended to read as follows:
40-1-2.3. For the purposes of this chapter and chapter 40-2, the neglect of an animal is the failure
to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care
generally considered to be standard and accepted for an animal's health and well-being consistent
with the species, breed, physical condition, and type of animal. No person owning or responsible for
the care of an animal may neglect, abandon, or mistreat the animal. A violation of this section is a
Class 1 misdemeanor.
Section 4. That § 40-1-2.4 be amended to read as follows:
40-1-2.4. For the purposes of this chapter and chapter 40-2, the inhumane treatment of an animal
is any act of mistreatment, torture, cruelty, neglect, abandonment, mutilation, or inhumane slaughter
of an animal that is not consistent with generally accepted training, use and husbandry procedures
for the species, breed, physical condition, and type of animal. No person may subject an animal to
cruelty. A violation of this section is a Class 6 felony.
Section 5. That § 40-1-2.5 be repealed.
Section 6. That § 40-1-2.6 be repealed.
Section 7. That § 40-1-5 be amended to read as follows:
40-1-5. Any peace law enforcement officer, agent of the board, or agent or officer of any humane
society finding an animal inhumanely treated, as defined in § 40-1-2.4, shall neglected, abandoned,
mistreated, or subjected to cruelty, may, pursuant to a warrant or court order, cause the animal to be
impounded or otherwise and properly cared for, and the expenses of such impoundment or care shall
be constitute a lien on the animal to be paid before the animal may be lawfully recovered. However,
a warrant or court order is not necessary for law enforcement officers if the animal is severely
injured, severely diseased, or suffering and any delay in impounding the animal would continue to
cause the animal extreme suffering or if other exigent circumstances exist. If any animal is
impounded or subjected to other action under this section without a warrant or court order, the
officer or agent shall subsequently show cause for the impoundment or other action to the court, and
the court shall issue an order ratifying the impoundment or action; or, if sufficient cause for the
impoundment or action is not shown, the court shall order the return of the animal to the owner or
other appropriate remedy.
Section 8. That § 40-1-9 be repealed.
Section 9. That § 40-1-10 be repealed.
Section 10. That § 40-1-10.1 be amended to read as follows:
40-1-10.1. Notwithstanding §§ 40-1-9 and 40-1-10, no No person may:
Section 11. That § 40-1-11 be amended to read as follows:
40-1-11. Any peace law enforcement officer may enter any place where there is any sport or
exhibition of the fighting of animals or where preparations are being made for such sport or
exhibition, and without a warrant arrest all persons any person there present.
Section 12. That § 40-1-11.1 be amended to read as follows:
40-1-11.1. Any law enforcement officer making an arrest for a violation of § 40-1-10.1 shall take
possession of all dogs animals and all paraphernalia, implements, or other property or things used
or employed, or about to be employed, in the violation of any of the provisions of § 40-1-10.1. The
provisions of chapters 23A-35 and 23A-37 shall apply to the search and seizure of violations of § 40-1-10.1 and shall apply to the disposition of seized paraphernalia, implements, or other property or
things used or employed, or about to be employed, in violation of § 40-1-10.1. For the purposes of
this section, dogs animals seized pursuant to a violation of § 40-1-10.1 are contraband and property
of an illegal nature and shall may be destroyed pursuant to § 23A-37-9.
Section 13. That § 40-1-13 be amended to read as follows:
40-1-13. Any animal injured or diseased past recovery shall be euthanized within twelve hours
in a manner prescribed in rule by the board within twelve hours, by the owner or person in
possession of the animal, after having been notified by any peace law enforcement officer, any agent
or officer of any humane society, or any agent of the board to euthanize the animal. A violation of
this paragraph section is a Class 1 misdemeanor.
Section 14. That § 40-1-16 be amended to read as follows:
40-1-16. Nothing in this chapter may be construed to interfere with any properly conducted
scientific experiments or investigations, which experiments or investigations are performed by
personnel following guidelines, regulations, or requirements established by the National Institute of
Health and the United States Department of Agriculture and the United States Department of Health
and Human Services. Any experiments or scientific investigation and facilities used under this
section shall be open to inspection by the board.
Section 15. That § 40-1-17 be amended to read as follows:
40-1-17. The acts and conduct of persons who are lawfully engaged in any of the activities
authorized by Title 41 or laws for the destruction or control of certain animals known to be
dangerous or injurious to life, limb, or property, and persons who properly kill any animal used for
food and sport hunting, trapping, and fishing as authorized by the South Dakota Department of
Game, Fish and Parks, are exempt from the provisions of this chapter. Nothing in this chapter or
chapter 40-2 may be construed to interfere with an animal under the direct and proper care of a
licensed veterinarian or with persons engaged in standard and accepted agricultural pursuits or
animal husbandry practices.
Section 17. That § 40-1-21 be amended to read as follows:
40-1-21. No person may intentionally kill any animal of any age or value, the property of another,
nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1
misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian
with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by
this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality
or under a municipality's animal control activities. This section may not be construed to prohibit
activities conducted under chapter 40-34.
Section 18. That § 40-1-25 be amended to read as follows:
40-1-25. The South Dakota Animal Industry Board board shall administer and enforce the
provisions of this chapter concerning cattle, horses, sheep, swine, and other livestock. In addition,
the board may address situations involving dangerous animals, including nonlivestock animals,
under the provisions of §§ 40-1-2.5, 40-1-2.6, 40-1-23, and 40-1-24. The board may issue orders for
the execution of the powers conferred upon it by this chapter. The board may promulgate rules,
pursuant to chapter 1-26, which may address cattle, horses, sheep, swine, and other livestock and
dangerous animals, and which shall include:
Section 20. That § 40-1-27 be repealed.
Section 21. That § 40-1-33 be repealed.
40-2-1. Any three or more citizens of this state organized pursuant to chapter 47-22 as a
nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail
themselves of the privileges of this chapter through an animal control officer subject to the
limitations in §§ 40-2-6 and 40-2-7. The board of county commissioners in each county may grant
authority to exercise the privileges and authority granted by this section to one or more qualified
nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of
this chapter.
Section 23. That § 40-2-2 be repealed.
Section 24. That § 40-2-4 be amended to read as follows:
40-2-4. Except as provided in chapter 40-1, the activities of any humane society incorporated
pursuant to this chapter for the prevention of inhumane treatment of neglect, abandonment,
mistreatment, or cruelty to animals, as provided in chapter 40-1 or this chapter, are limited to animals
other than cattle, horses, sheep, swine, and other livestock.
(SB 22)
Livestock inspection violation, citation may be issued.
Section 1. That chapter 40-18 be amended by adding thereto a NEW SECTION to read as
follows:
(SB 75)
Local governments may not regulate ownership of certain dog breeds.
Section 1. That chapter 40-34 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1110)
Definition of a resident changed
for the purposes of hunting, fishing, and trapping licenses.
Section 1. That § 41-1-1.1 be amended to read as follows:
41-1-1.1. For the purposes of this title, the following are deemed to be residents of this state:
continuously stationed in this state;
(HB 1185)
Nonresident waterfowl hunting licenses.
Section 1. That § 41-6-18.1 be amended to read as follows:
41-6-18.1. It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl
without a special nonresident waterfowl license, a fall three-day temporary nonresident waterfowl
license, early fall Canada goose temporary nonresident license, or a spring snow goose temporary
nonresident waterfowl license, a migratory bird certification permit, and a federal migratory bird
stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks
Commission.
property to be used primarily for game production. This license shall be in such form as the Game,
Fish and Parks Commission shall prescribe.
Section 2. That § 41-6-18.4 be amended to read as follows:
41-6-18.4. The Game, Fish and Parks Commission may promulgate rules in accordance with
chapter 1-26 to authorize the department to issue up to two thousand fall three-day temporary
nonresident waterfowl licenses, up to two thousand early fall Canada goose temporary nonresident
waterfowl licenses, and a number of spring snow goose temporary nonresident licenses to be
determined by the department, and to establish the fee therefor, validity of the licenses issued, types
of waterfowl to be hunted, and areas in which hunting is permitted. Up to five hundred of the fall
three-day temporary nonresident waterfowl licenses shall be made available for use in the counties
of Brown, Marshall, Roberts, Day, Grant, Clark, Codington, Deuel, and Hamlin. The commission,
in rules promulgated pursuant to chapter 1-26, may establish a process and criteria to allow the
issuance of a portion of the five hundred licenses in counties other than those specified if the
department determines that such licenses are otherwise likely to remain unsold. Except for the fall
three-day temporary nonresident waterfowl licenses issued in Brown, Marshall, Roberts, Day, Grant,
Clark, Codington, Deuel, and Hamlin counties, the fall three-day temporary nonresident waterfowl
licenses are valid only on private property, but are not valid on private property leased by the
department for public hunting or on highways or other public rights-of-way within this state that
otherwise meet the requirements of § 41-9-1.3. Any increase in the number of temporary nonresident
waterfowl licenses allocated by the commission in a year may not exceed five percent of the number
of licenses allocated for the same license type in the previous year.
(HB 1014)
Application fee for certain resident big game licenses increased.
Section 1. That § 41-6-19.6 be amended to read as follows:
41-6-19.6. The Game, Fish and Parks Commission may establish a nonrefundable application
fee not to exceed five ten dollars for any resident making application for a bighorn sheep, mountain
goat, or elk license. Successful applicants shall be selected by drawing. Proceeds from the
application fees collected shall be used for big game research and management. The commission
may promulgate rules, pursuant to chapter 1-26, for the purpose of establishing a season and
guidelines therefor and to establish the fee provisions.
(HB 1012)
Resident fishing license for certain groups teaching fishing skills.
Section 1. That § 41-6-35 be amended to read as follows:
41-6-35. A Any resident fishing license and a or any resident senior fishing license shall permit
permits the licensee to take fish, frogs, and turtles in the manner and to the extent provided in
chapters 41-12 and 41-13. Any resident who has served in the armed forces of the United States and
is a patient in any war veterans hospital in this state or a member of any war veterans domiciliary
unit in this state for the care of war veterans, groups with over ten participants conducting a fishing
event exclusively for persons with disabilities and their attendants,; any school, governmental entity,
charitable or nonprofit organization conducting an event, class, or program for the purpose of
teaching basic fishing skills; and any person residing as a patient in a developmental disability
facility may, upon application to the secretary of game, fish and parks, receive a resident fishing
license without payment of any fee therefor. Any resident who is sixty-five years of age or older, may
receive a resident senior fishing license upon payment of a reduced fee established by rules
promulgated by the Game, Fish and Parks Commission pursuant to chapter 1-26.
(SB 104)
Artificial light may be used to take varmints.
Section 1. That § 41-8-17 be amended to read as follows:
41-8-17. During the time from sunset to sunrise, no person may use or possess night-vision
equipment or throw or cast the rays of a spotlight, headlight, or other artificial light on any highway,
or in any field, pasture, woodland, forest, or prairie, for the purpose of spotting, locating, or taking
or attempting to take or hunt any animal while having in possession or control any firearm, bow or
other implement whereby any game could be killed. However:
(HB 1130)
Allow use of crossbows for hunting big game
during firearms big game hunting seasons.
Section 1. That chapter 41-8 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1118)
Discharging firearms in safety zones clarified.
Section 1. That § 41-9-1.1 be amended to read as follows:
41-9-1.1. Except for controlled access facilities as defined in § 31-8-1, interstate highways,
unimproved section lines not commonly used as public rights-of-way, and highways within parks
or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction
of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, § 41-9-1
does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this
state that meet the requirements of § 41-9-1.3. For purposes of this section, hunting on highways or
other public rights-of-way includes:
Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six
hundred sixty feet of any occupied dwelling, church, or schoolhouse for which such distance has
been clearly and accurately marked and posted, the court shall, in addition to any other penalty,
revoke the person's hunting privileges for a period of one year from the date of conviction. The
sentencing court may order the revocation of hunting privileges authorized by this section to be
served consecutively with any other revocation of the person's hunting privileges imposed for a
violation for which the person is convicted and for which revocation of the privileges is authorized
under this title.
(HB 1076)
Allow party fishing from shore or ice in addition to boats.
Section 1. That § 41-12-21 be amended to read as follows:
41-12-21. Any of two or more persons who mutually agree to fish by angling from a single
watercraft as a party or who mutually agree to fish by angling from shore or on ice as a party and
who maintain visual and unaided vocal contact may take more than one daily limit of fish. However,
the total number of fish taken by the party may not exceed the aggregate daily limit for all members
of the party who are licensed to take and possess fish by angling. The provisions of this section do
not apply to any person who fishes in more than one party in one day.
(HB 1010)
Tree nursery reserve fund repealed.
Section 1. That § 41-22-4 be repealed.
(SB 28)
Appropriation for mountain pine beetle suppression.
Section 1. There is hereby appropriated from the general fund the sum of one million nine
hundred fifty thousand dollars ($1,950,000), or so much thereof as may be necessary, to the state fire
suppression special revenue fund for costs related to the suppression of mountain pine beetles in
South Dakota. The Division of Resource Conservation and Forestry within the Department of
Agriculture shall design and administer a program for the suppression of mountain pine beetle
through a collaborative all lands mountain pine beetle response.
Section 2. The secretary of the Department of Agriculture shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1084)
Revise the list of persons
who may be excluded from a licensed gaming establishment.
Section 1. That § 42-7B-61 be amended to read as follows:
42-7B-61. The commission may, by rules promulgated pursuant to chapter 1-26, provide for the establishment of a list of persons who are to be excluded or ejected from any licensed gaming
establishment, including any person whose presence in the establishment is determined to pose a
threat to the interest of the State of South Dakota or to licensed gaming, or both. In making the
determination for exclusion, the commission may consider any of the following:
(HB 1168)
Additional safety measures regarding amusement rides.
Section 1. That § 42-10-1 be amended to read as follows:
42-10-1. An amusement ride is any mechanical device which carries or conveys passengers
along, around, or over a fixed or restricted route or course for the purpose of giving its passengers
amusement, pleasure, thrills, or excitement. The term ", amusement ride," does not include slides,
playground equipment, coin-operated devices, or conveyances which operate directly on the ground
or on the surface or pavement directly on the ground or the operation of amusement devices of a
permanent nature which are not moved from one location to another more than one time per year or
which are insured to operate in only one fixed location.
Section 2. That § 42-10-2 be amended to read as follows:
Section 3. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as
follows:
obeying all posted rules, warnings, and the oral or prerecorded instructions of the operator of the
amusement ride or amusement device of a permanent nature, and all of the following:
(HB 1049)
South Dakota Athletic Commission remade.
Section 1. That § 42-12-8 be amended to read as follows:
42-12-8. There is hereby created, within the jurisdiction of the Department of Labor and
Regulation, the South Dakota Athletic Commission consisting of five members appointed by the
Governor. Not all members may be of the same political party. One member shall have experience
with, or have been active in boxing, kickboxing, or mixed martial arts. One member shall represent
the public at large. Each member shall serve terms of three years, but no member may serve more
than three consecutive terms.
Section 2. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 3. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 9. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 10. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
normal business hours.
Section 12. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 13. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 14. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 16. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 17. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 18. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
chapter 1-26 and shall state the reasons for the entry of the order.
Section 19. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 20. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 21. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 22. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 23. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 24. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
employee of the department and is designated by the department for this purpose or, at the
department's request, by the attorney general.
Section 25. That § 42-12-10 be amended to read as follows:
42-12-10. The commission shall promulgate rules pursuant to chapter 1-26 to:
42-12-13. All boxing, kickboxing, or mixed martial arts or sparring exhibitions conducted by
bona fide educational institutions or by national amateur boxing, kickboxing, or mixed martial arts
associations or their local affiliates approved by the commission are exempt from the provisions of
this chapter.
Section 28. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as
follows:
(SB 138)
Title-based escheatment revisions
of abandoned United States savings bonds.
Section 1. That chapter 43-41B be amended by adding thereto a NEW SECTION to read as
follows:
accordance with § 15-9-7. The notice shall name any defendant to be served and notify the
defendant:
Section 2. That § 43-41B-1 be amended to read as follows:
provide health, welfare, pension, vacation, severance, retirement, death, stock
purchase, profit sharing, employee savings, supplemental unemployment insurance,
or similar benefits; and
(HB 1127)
An exemption for alimony payments in debtor filings.
Section 1. That § 43-45-2 be amended to read as follows:
43-45-2. The property mentioned in this section is absolutely exempt from all such process, levy,
or sale, except as otherwise provided by law:
(HB 1073)
Process to remove materialmen's lien.
Section 1. That § 44-9-24 be amended to read as follows:
44-9-24. No lien shall may be enforced in any case unless the holder thereof shall assert the same
of the lien asserts the lien, either by complaint or answer, within six years after the date of the last
item of his the lien holder's claim as set forth in the filed and entered lien statement; nor shall any
person be. No person is bound by the judgment in such the action unless he the person is made a
party thereto within said six years to the action within the six-year period.
(SB 161)
Damages for failure to provide notice by mineral developers.
Section 1. That § 45-5A-5.2 be amended to read as follows:
45-5A-5.2. The surface owner, and surface lessee, if any, may seek actual and punitive damages
in the court of proper jurisdiction if the mineral developer fails to provide the notice required by
§ 45-5A-5 or the notice required by § 45-5A-5.1.
(HB 1015)
Water rights application process modified
to create an equitable process.
Section 1. That § 46-2A-7 be amended to read as follows:
46-2A-7. If the Water Management Board determines, based upon the evidence presented at the
hearing, that the applicable requirements for the permit, license, or amendment have been met, it
shall approve the permit, license, or amendment. If the board determines that such the requirements
have not been met or that the evidence is insufficient to support a determination, it shall disapprove
the application or defer it for further study. The chief engineer shall hold an application submitted
on or after July 1, 2014, to appropriate water from a ground water source determined to be fully
appropriated by the board pursuant to § 46-6-3.1 only as provided in sections 2 to 8, inclusive, of this
Act.
Section 3. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as
follows:
Section 5. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as
follows:
Section 6. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as
follows:
newspaper serving the general area where the ground water source is located and posted on the
department's website until the public hearing is completed. The chief engineer shall also provide
notice of the five-year review and hearing to the address included in each applicant's file. Each
applicant shall notify the chief engineer in writing within thirty days of receipt of the notice whether
the applicant desires to retain eligibility to appropriate any water that the board may determine is
available through its review of the aquifer. A fee equal to ten percent of their original application fee
shall also be remitted to the chief engineer to retain eligibility. Failure of the applicant to notify the
chief engineer in writing or remit the fee constitutes withdrawal of the held application.
Section 7. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as
follows:
Section 8. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as
follows:
(SB 87)
Appropriations from the water and environment fund
and other funds.
Section 1. There is hereby appropriated from the South Dakota water and environment fund established pursuant to § 46A-1-60, the sum of one million dollars ($1,000,000), or so much thereof
as may be necessary, to provide funds to the South Dakota Board of Water and Natural Resources
for the purpose of providing a five hundred thousand dollar grant and a five hundred thousand dollar
loan to the project sponsors for the engineering design, preconstruction activities, and construction
of the facilities included in the Belle Fourche irrigation upgrade project as authorized in
§ 46A-1-13.12. Funds shall be provided according to terms and conditions established by the Board
of Water and Natural Resources.
Section 2. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of twelve million dollars ($12,000,000), or so much
thereof as may be necessary, to the South Dakota Board of Water and Natural Resources for the
purpose of providing grants and loans to project sponsors under the consolidated water facilities
construction program established pursuant to § 46A-1-63.1. Funds shall be provided according to
terms and conditions established by the Board of Water and Natural Resources.
Section 3. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of two million six hundred fifty thousand dollars
($2,650,000), or so much thereof that may be necessary, to the South Dakota Board of Water and
Natural Resources for the purpose of providing grants and loans to project sponsors under the solid
waste management program established pursuant to § 46A-1-83. Funds shall be provided according
to the terms and conditions established by the Board of Water and Natural Resources. The board may
use up to ten thousand dollars of the funds appropriated by this section to contract for services to
process and review loan applications as authorized under chapter 46A-1. Notwithstanding
§ 46A-1-67, the term of years for loans under this section may be extended to the useful life of the
facilities being financed.
Section 4. There is hereby appropriated from administrative expense surcharge fees deposited
in the South Dakota state water pollution control revolving fund program subfund established
pursuant to § 46A-1-60.1, the sum of eight hundred thousand dollars ($800,000), or so much thereof
as may be necessary, to the South Dakota Board of Water and Natural Resources for the purpose of
providing water quality grants under the state water pollution control revolving fund program
established pursuant to § 46A-1-60.1. Funds shall be provided according to terms and conditions
established by the Board of Water and Natural Resources.
Section 5. There is hereby appropriated from administrative expense surcharge fees deposited
in the South Dakota state water pollution control revolving fund program subfund established
pursuant to § 46A-1-60.1, the sum of one hundred thousand dollars ($100,000), or so much thereof
as may be necessary, to the South Dakota Board of Water and Natural Resources for the purpose of
contracting for the preparation of applications and administration of clean water state revolving fund
loans under the state water pollution control revolving fund program established pursuant to
§ 46A-1-60.1. Funds shall be provided according to terms and conditions established by the Board
of Water and Natural Resources.
Section 6. There is hereby appropriated from administrative expense surcharge fees deposited
in the South Dakota state drinking water revolving fund program subfund established pursuant to
§ 46A-1-60.1, the sum of one hundred thousand dollars ($100,000), or so much thereof as may be
necessary, to the South Dakota Board of Water and Natural Resources for the purpose of contracting
for the preparation of applications and administration of drinking water state revolving fund loans
under the state drinking water revolving fund program established pursuant to § 46A-1-60.1. Funds
shall be provided according to terms and conditions established by the Board of Water and Natural
Resources.
Section 7. There is hereby appropriated from federal funds deposited in the South Dakota state drinking water revolving fund program subfund established pursuant to § 46A-1-60.1, the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, to the South Dakota Board of Water and Natural Resources for the purpose of providing small system technical assistance set-aside grants to project sponsors under the state drinking water revolving fund program
established pursuant to § 46A-1-60.1. Funds shall be provided according to terms and conditions
established by the Board of Water and Natural Resources.
Section 8. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 9. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(HB 1152)
Registration updated of limited partnerships.
Section 1. That § 48-7-102 be amended to read as follows:
48-7-102. The name of a limited partnership as set forth in its certificate of limited partnership:
48-7-904. A foreign limited partnership may register with the secretary of state under any name,
whether or not it is the name under which it is registered in its state of organization, that includes
without abbreviation the words "limited partnership" or the initials "L.P." or "LP" and that could be
registered by a domestic limited partnership under the provisions of § 48-7-102.
(HB 1194)
Establish requirements for facilities crossing railroad rights-of-way.
Section 1. Any utility that intends to place a facility across a railroad right-of-way shall request
prior permission for such placement from the railroad. The request shall be in the form of a
completed crossing application, including a drawing showing the location of the proposed crossing
and the railroad's property, tracks, and wires that the utility will cross. The utility shall submit the
crossing application on a form provided or approved by the railroad, if available. The crossing
application shall be sent to the railroad by certified mail, return receipt requested. The application
shall be accompanied by the crossing fee as set forth in section 3 of this Act, and a certificate of
insurance as required by section 4 of this Act.
Section 2. Beginning thirty days after the receipt by the railroad of the completed crossing
application, the fee, and certificate of insurance, the utility may commence the construction of the
crossing, unless the railroad notifies the utility in writing that the information contained in the
crossing application is incomplete or inadequate or that special circumstances exist. For purposes
of this Act, special circumstances include the railroad crossing's relationship to other property,
location of the crossing in urban or other developed areas, the existence of unique topography or
natural resources, or other dangers inherent in the particular crossing.
Section 3. Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way,
other than a crossing within the public right-of-way, shall pay the railroad a one-time standard
crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in lieu of
any license, permit, application, processing fee, or any other fees or charges to reimburse the railroad
for the direct expenses incurred by the railroad as a result of the crossing. The utility shall also
reimburse the railroad for any reasonable flagging expense associated with a crossing in addition to
the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way.
Section 4. The certificate of insurance or coverage submitted by a municipality shall include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. The certificate of insurance submitted by any other utility other than a gas or hazardous materials pipeline utility shall include commercial general liability insurance with a combined single limit of a minimum of two
million dollars for each occurrence and an aggregate limit of at least four million dollars. The
certificate of insurance submitted by a gas or hazardous materials pipeline utility shall include
commercial general liability insurance with a combined single limit of a minimum of five million
dollars for each occurrence and an aggregate limit of at least ten million dollars.
Section 5. If a railroad objects to the adequacy of the information contained in the crossing
application or asserts that special circumstances exist, the railroad shall provide notice of the
objection and the specific basis of the objection to the utility by certified mail, return receipt
requested. If the parties are unable to resolve the objection, either party may petition the Public
Utilities Commission for additional requirements or for modification of the standard crossing fee
within sixty days from receipt of the objection. Before filing a petition, the parties shall confer in
good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities
Commission shall determine, after notice and opportunity for hearing, whether special circumstances
exist that necessitate additional requirements for the placement or modification of the standard
crossing fee within one hundred twenty days of filing of the petition. The order may be appealed
pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated with a
petition equitably against the parties.
Section 6. If a railroad imposes additional requirements upon a utility for crossing its lines, the
utility may object to one or more of the requirements. In such event, the utility shall provide notice
of the objection and the specific basis of the objection to the railroad by certified mail, return receipt
requested. If the parties are unable to resolve the objection, either party may petition the Public
Utilities Commission for resolution or modification of the additional requirements within sixty days
from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an
attempt to resolve the objection. If a petition is filed, the Public Utilities Commission, within one
hundred twenty days of filing the petition, shall determine, after notice and opportunity for hearing,
whether special circumstances exist that necessitate additional requirements for the placement of the
crossing. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall
assess its costs associated with a petition equitably against the parties.
Section 7. Nothing in this Act prevents a railroad and a utility from continuing under an existing
agreement or otherwise negotiating the terms and conditions applicable to a crossing or the
resolution of any disputes relating to the crossing. Nothing in this Act impairs the authority of a
utility to secure crossing rights by easement pursuant to the exercise of the power of eminent domain.
Section 8. This Act applies to:
telecommunications company, and rural water system;
(SB 36)
South Dakota Railroad Authority functions
transferred to railroad board.
Section 1. That § 49-16B-3 be amended to read as follows:
49-16B-3. There is created the South Dakota Railroad Authority, a body corporate and politic,
to consist of seven members appointed by the Governor. No person may be appointed to the
authority who is an elected official of the State of South Dakota or any subdivision thereof. The
authority shall annually choose a chairperson from its membership. The governing board of the
South Dakota Railroad Authority shall be comprised of the members of the South Dakota State
Railroad Board, as provided by § 1-44-25.
Section 2. That § 49-16B-5 be repealed.
Section 3. That § 1-44-25 be amended to read as follows:
1-44-25. The South Dakota State Railroad Board consists of seven members to be appointed by
the Governor. Members shall serve a three-year term. No more than five members may be of the
same political party. No person may be appointed to the board who is an elected official of the State
of South Dakota or any subdivision thereof. Any member appointed to fill a vacancy arising from
other than the natural expiration of a term shall serve only for the unexpired term, but may be
reappointed to a full term. The board shall annually choose from its membership a chair, a vice chair,
and a secretary-treasurer. No member may be removed from office except for cause.
year the term is to expire.
(HB 1016)
Department of Public Safety laws revised.
Section 1. That § 49-28-36 be repealed.
Section 2. That § 49-28-36.1 be repealed.
Section 3. That § 49-28-36.2 be repealed.
Section 4. That § 49-28-36.4 be repealed.
Section 5. That § 49-28-36.5 be repealed.
Section 6. That § 49-28-36.6 be repealed.
Section 7. That § 49-28-36.8 be repealed.
Section 8. That § 49-28-40.2 be repealed.
Section 9. That § 49-28-54 be repealed.
Section 10. That § 49-28-55 be repealed.
Section 11. That ARSD 20:01:03:08 be repealed.
Section 12. That ARSD 61:30:01:01 be repealed.
Section 13. That ARSD 61:30:01:02 be repealed.
Section 14. That ARSD 61:30:01:03 be repealed.
Section 15. That ARSD 61:30:01:04 be repealed.
Section 16. That ARSD 61:30:01:05 be repealed.
Section 17. That ARSD 61:30:01:06 be repealed.
Section 18. That 61:30:01:07 be repealed.
(SB 12)
Federal motor carrier regulations updated.
Section 1. That § 49-28A-3 be amended to read as follows:
49-28A-3. The state hereby adopts Title 49 of the Code of Federal Regulations, subtitle B,
chapter I, subchapter A, part 107 (subparts F and G only) and subchapter C, parts 171 to 180,
inclusive, as amended through January 1, 2013 2014, and Title 49 of the Code of Federal
Regulations, subtitle B, chapter III, subchapter B, part 387 and parts 390 to 397, inclusive, as
amended through January 1, 2013 2014, with the following modifications:
(HB 1166)
Telecommunications services program revised.
Section 1. That § 49-31-47 be amended to read as follows:
49-31-47. The Department of Human Services shall establish and administer a statewide program
to purchase and distribute telecommunication provide telecommunication and other communication
devices and services to residents of this state who have disabilities that prevent them from using a
telephone having communication access and establish maintain a dual party relay system making all
phases of public telecommunications and communication service available to persons who are deaf,
severely hearing impaired or speech impaired. This program may be implemented through contracts
with public or private organizations that provide services to persons who are deaf or persons with
other severe disabilities.
Section 2. That § 49-31-48 be amended to read as follows:
49-31-48. A telecommunication or communication device for individuals with disabilities is an
electrical or mechanical a device for use with a telephone that enables the individual to communicate
through a telephone. A dual party relay system provides voice and teletype, digital and electronic
text, or visual communication between users of telecommunication or communication devices and
other persons.
Section 3. That § 49-31-49 be amended to read as follows:
49-31-49. A telecommunication or communication device furnished by the Department of
Human Services under pursuant to the provisions of §§ 49-31-47 to 49-31-56, inclusive, remains the
property of the state for three years, after which it becomes the property of the recipient. A During
the initial three years, a person who receives a telecommunication or communication device from
the department under pursuant to the provisions of this section is liable to the department for the loss
of or damage to the device. Any money collected by the department under pursuant to the provisions
of this section shall be deposited in the telecommunication fund from which the expenditure
occurred.
Section 4. That § 49-31-50 be amended to read as follows:
49-31-50. There is created in the state treasury the telecommunication fund for the deaf and the
telecommunication fund for other disabilities for the deposit and disbursement of money collected
under pursuant to the provisions of §§ 49-31-49 and 49-31-51. There is hereby continuously
appropriated the sum of two hundred thousand dollars ($200,000), or so much thereof as may be
necessary, each year from the telecommunication fund for the deaf to the Department of Human
Services to provide one or two cochlear implants to any child who suffers from severe to profound
hearing loss. The child shall be less than twenty-one years of age at the time of the implant.
Section 5. That § 49-31-51 be amended to read as follows:
49-31-51. There is hereby imposed an access fee of fifteen cents per local exchange service line
per month, fifteen cents per cellular telephone per month in accordance with the provisions provided
in subdivision 34-45-1(7), and fifteen cents per radio pager device per month to pay for the program
established in § 49-31-47. The access fee shall be paid by each local exchange subscriber to a local
exchange service, or by each cellular telephone or radio pager service subscriber to the service
provider, unless the subscriber is otherwise exempt from taxation. The access fee shall be reported
as a separate line or service and collected on the regular monthly bill by each local exchange
telecommunications company or other service provider operating in this state. On or before the last
day of the month following each two-month period, every telecommunications company providing
local exchange service or other service provided specified in this section shall remit to the
Department of Revenue on forms furnished by the department the amount of the access fee collected
for that two- month period. The secretary of revenue may grant an extension of not more than five
days for filing a remittance. The Department of Revenue shall deposit ninety percent of the money
received under pursuant to the provisions of §§ 49-31-47 to 49-31-56, inclusive, into the
telecommunication fund for the deaf and ten percent in the telecommunication fund for other
disabilities.
Section 6. That § 49-31-56 be amended to read as follows:
49-31-56. Expenditures authorized by the provisions of §§ 49-31-47 to 49-31-56, inclusive, shall
be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the
Department of Human Services. Expenditure for services for individuals who have deafness, deaf
blindness, hearing impairments, and speech impediments and expenditures for the dual party relay
service shall be paid from the telecommunication fund for the deaf. Expenditure for services for
individuals with all other disabilities shall be paid from the telecommunication fund for other
disabilities.
Section 7. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1043)
Aeronautics regulation improved.
Section 1. That § 50-1-1 be amended to read as follows:
50-1-1. Terms as used in this title mean:
50-2-1.1. The commission shall continue within the Department of Transportation department,
and all its functions shall be performed by the Department of Transportation department as provided
by § 1-44-11.
Section 3. That § 50-2-2.1 be amended to read as follows:
50-2-2.1. The commission may promulgate rules pursuant to chapter 1-26 regarding:
50-2-4. On or before the thirty-first day of December, in each even-numbered year, the
commission shall make, to the Governor, a full report of its proceedings for the biennium year
ending the thirtieth day of June preceding and may submit with such the report such any
recommendations pertaining to its the commission's affairs as seem to the commission to be
desirable.
Section 5. That § 50-2-5 be amended to read as follows:
50-2-5. The commission shall foster air commerce within the State of South Dakota. The
commission shall supervise the aeronautical activities and facilities within the state, including
supervision and control over all airports, landing fields, landing strips, air instruction, air marking,
air beacons, and all other air navigation facilities. The commission may in its discretion permit and
regulate common carriers of persons and property in scheduled operations by aircraft in purely
intrastate commerce.
Section 6. That § 50-2-12 be amended to read as follows:
50-2-12. The commission shall administer approve the expenditure and disbursement of moneys
appropriated and available for matching purposes and for the construction, development, operation,
marking, and maintenance of airports, landing fields, landing strips, and air navigation facilities.
Section 7. That § 50-2-13 be amended to read as follows:
50-2-13. The rules promulgated by the commission under the authority of § 50-2-2.1, shall be
as uniform consistent as possible with federal law and regulations governing aeronautics.
Section 8. That § 50-2-15 be amended to read as follows:
50-2-15. The commission, when its state aircraft are not being used in the conduct of the
necessary activities of the Department of Transportation, may operate the aircraft for other
departments of the state government of South Dakota. A department shall reimburse the commission
in a sum to be fixed The rate of reimbursement shall be set by the Board of Finance, to fully defray
the cost and expenses of rendering the service.
Section 9. That § 50-2-17 be amended to read as follows:
50-2-17. The commission department shall maintain separate accounting and limit its
expenditures from the special aviation internal service fund so as to in no instance use any sum for
a purpose other than that for which it has been appropriated.
Section 10. That § 50-2-22 be repealed.
Section 11. That § 50-2-23 be repealed.
Section 12. That § 50-2-24 be repealed.
Section 13. That § 50-2-25 be repealed.
Section 14. That § 50-2-26 be repealed.
Section 15. That § 50-2-27 be repealed.
Section 16. That § 50-2-28 be repealed.
Section 18. That § 50-2-30 be repealed.
Section 19. That § 50-2-31 be repealed.
Section 20. That § 50-4-1 be amended to read as follows:
50-4-1. The Transportation Commission department shall assist in the development of aviation
and aviation facilities within the state for the purpose of safeguarding the interests of those engaged
in all phases of the industry and of the general public, and promoting aeronautics.
Section 21. That § 50-4-2 be amended to read as follows:
50-4-2. The commission department may, on behalf of and in the name of the state, out of
appropriations and other moneys made available for such purposes, construct, improve, maintain,
mark, and operate airports and other air navigation facilities either within or without this state and
to assist financially counties, municipalities, and organized townships in constructing, improving,
maintaining, marking, and operating airports and other air navigation facilities within or without the
state. For such purposes the commission department may exercise all of the powers and authority
conferred upon municipal corporations by this title.
Section 22. That § 50-4-3 be amended to read as follows:
50-4-3. The commission department may cooperate with the government of the United States,
and any agency or department thereof, in the acquisition, construction, improvement, maintenance,
and operation of airports and other navigation facilities in this state.
Section 23. That § 50-4-4 be amended to read as follows:
50-4-4. The commission department may accept, receive, and receipt for and receive federal
moneys and other moneys either public or private, for and on behalf of the state, counties, or
municipalities, for the acquisition, construction, improvement, maintenance, and operation of
airports and other air navigation facilities, whether the work is to be done by the state, counties, or
municipalities, or jointly, aided by grants of aid from the United States.
Section 24. That § 50-4-5 be amended to read as follows:
50-4-5. The commission may department shall act as an agent of any county or municipality of
this state upon the request of the county or municipality, in accepting, receiving and receipting for
such any moneys in its behalf for airports or other air navigation facility purposes, and in contracting
for the acquisition, construction, improvement, maintenance, or operation of airports or other air
navigation facilities, financed either in whole or in part by federal moneys. The governing body of
the county or municipality may shall designate the commission department as its agent for such
purposes and to enter into an agreement with it the department prescribing the terms and conditions
of such the agency.
Section 25. That § 50-4-7 be amended to read as follows:
50-4-7. All contracts for the acquisition, construction, improvement, maintenance, and operation
of airports, or other air navigation facilities made by the commission department, either as the agent
of this state or as the agent of any county or municipality, shall be made pursuant to the laws of this
state governing the making of like contracts.
Section 26. That § 50-4-8 be amended to read as follows:
Section 27. That § 50-4-14 be amended to read as follows:
50-4-14. The state aeronautics fund and the accumulations thereto to the fund as appropriated
by the Legislature may be used for the following purposes:
50-4-16. The South Dakota Aeronautics Commission commission shall make an allocation of
a portion of the aircraft fuel tax collected pursuant to §§ 10-47B-1 and 10-47B-4, to each eligible
airport, landing field, or landing strip. The allocation shall be determined by the commission
department from the monthly reports required by § 50-4-12, and be based as nearly as practicable
upon the amount of aircraft fuel tax collected on retail sales of aircraft fuel sold at each eligible
airport, landing field, or landing strip for use in general aviation aircraft. The amount of aircraft fuel
tax collected on aircraft fuel sales to regular airlines shall be allocated separately by the commission
department. All remaining aircraft fuel tax collected pursuant to §§ 10-47B-1 and 10-47B-4, shall
be placed in the aeronautics fund and be used by the commission as provided in § 50-4-14.
Section 29. That § 50-4-17 be amended to read as follows:
50-4-17. The secretary of transportation department shall approve vouchers and the state auditor
shall issue warrants to expend the funds appropriated by § 50-4-14. The funds shall be expended as
provided in § 50-4-14.
50-5-1.1. The approval requirements of § 50-5-1 do not apply to temporary airports, landing
fields, or landing strips used only by aircraft while engaged in providing emergency medical services
or other emergency services.
Section 31. That § 50-5-7 be amended to read as follows:
50-5-7. If the commission deems it necessary, the commission may order the closing of any
airport, landing field, or order any air school, flying club, or air beacon, or other air navigation
facility to cease operations until it complies with the requirements stated established by the
commission.
Section 32. That § 50-5-8 be amended to read as follows:
50-5-8. The commission or the commission's agent may inspect and examine at reasonable hours,
to carry out the provisions of this title, any premises, and the buildings and other structures thereon,
where the airports, landing fields, air schools, flying clubs, air beacons, or other air navigation
facilities are operated.
Section 33. That § 50-5-9 be repealed.
Section 34. That § 50-5-10 be amended to read as follows:
50-5-10. No Except as otherwise provided, no person, without the express or implied consent
of the owner or operator of any airport which has been approved by the commission for public use
by aircraft, may enter, trespass on, or occupy any runway, landing strip, or other portion of the airport
which will interfere, restrict, impede, or endanger the use of the airport by another person or the
operator of an aircraft. A violation of this section is a Class 1 misdemeanor.
Section 35. That § 50-6-1 be repealed.
Section 36. That §§ 50-6-3 to 50-6-17, inclusive, be repealed.
Section 37. That § 50-6A-1 be amended to read as follows:
50-6A-1. Terms used in this chapter, unless different meanings clearly appear from the context,
mean:
the airspace required for the flight of aircraft in landing or taking off at an airport or is
otherwise hazardous to such landing or taking off of aircraft;
50-6A-2. Any subdivision or any two or more subdivisions, whether in this state or in an
adjoining state, provided that at least one subdivision is in South Dakota, may by joint resolution,
create a public body, corporate and politic, to be known as a regional airport authority which. That
authority shall be authorized to exercise its functions upon the issuance by the secretary of state of
a certificate of incorporation.
Section 39. That § 50-6A-5 be amended to read as follows:
50-6A-5. Upon the appointment and qualification of the commissioners first appointed to a
regional airport authority, they the regional airport authority shall submit, to the secretary of state,
a certified copy of each resolution adopted pursuant to § 50-6A-2 by the subdivisions included in the
regional authority, and upon receipt thereof of the copy the secretary of state shall issue a certificate
of incorporation to the regional airport authority.
Section 40. That § 50-6A-28 be amended to read as follows:
50-6A-28. An authority may designate the department as the authority's agent to accept, receive,
receipt for, and disburse federal and state moneys, and other moneys, public or private, made
available by grant or loan or both, to accomplish in whole or in part, any of the purposes of this
chapter. The authority may shall designate the department as the authority's agent in contracting for
and supervising the planning, acquisition, development, construction, improvement, maintenance,
equipment, or operation of any airport or other air navigation facility.
States, if federal money is involved, and in accordance with the applicable laws of this state. All
federal moneys accepted under this section by the department shall be accepted and transferred or
expended by the department upon any terms and conditions as are prescribed by the United States.
Section 41. That § 50-6A-38.1 be amended to read as follows:
50-6A-38.1. A regional airport authority may pay compensation to a regularly scheduled
commercial air carrier to provide basic or enhanced air service as provided in the Airport and Airway
Safety and Capacity Expansion Act of 1987 and may provide compensation to a regularly scheduled
air carrier under contract with the South Dakota Airline Authority. Funds provided by a regional
airport authority to pay compensation for such air service shall be budgeted pursuant to chapter 50-6A.
Section 42. That § 50-7-1 be amended to read as follows:
50-7-1. Whenever in this chapter the term "municipalities" is used the same shall be deemed to
include For the purposes of this chapter, the term, municipalities, includes organized townships and
organized counties and like power and authority is hereby conferred upon organized townships and
organized counties as now exists in municipalities. For the purposes of this chapter, the term,
governmental agency, means any municipality, county, public corporation, or other public agency.
Section 43. That § 50-7-2 be amended to read as follows:
50-7-2. The board of county commissioners of any county in this state is hereby authorized to
may acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and regulate
airports or landing fields for the use of airplanes and other aircraft within the limits of such counties
the county, and may use for any such purpose or purposes any real property suitable therefor that is
now or may at any time hereafter be owned or controlled by such the county. The same power and
jurisdiction is hereby provided for municipalities Each municipality has the same power and
jurisdiction except that any a municipality may exercise such powers the power either within or
without the corporate limits of such the municipality. Municipalities Any municipality situated at
or near the boundary line of an adjoining state may exercise such powers the power and jurisdiction
over real property and persons, for such purposes in such the adjoining state and may maintain
actions in the corporate name in the courts of such the adjoining state for the exercise or protection
of any rights authorized by this chapter. The governing boards of a county or a municipality may by
resolution create an airport board.
Section 44. That § 50-7-2.1 be repealed.
Section 45. That § 50-7-3 be amended to read as follows:
50-7-3. The governing body of a municipality or county Any governmental agency may lease
such an airport or landing field or any portion thereof or any building or part of any building thereon
of an airport or any airport facility for operating purposes to any responsible person or corporation
upon such terms and conditions for a term of not to exceed twenty-five years as the governing body
may approve. Upon taking effect of any lease of the entire airport lease, no liability for the negligent
maintenance or operation of said airport or landing field building and facilities shall attach to the
municipality or county, respectively nor shall it be No governmental agency nor the governing
agency is liable in any event for the negligent maintenance or operation of any airport building, or
other facility leased to an operator or erected by an operator upon a leased site.
50-7-4. Any lands acquired, owned, controlled, or occupied by such municipalities or counties
a governmental agency for the purposes enumerated in § 50-7-3 shall and are hereby declared to be
acquired, owned, controlled, and occupied for a public purpose and as a matter of public necessity,
and such municipalities or counties shall have. The governmental agency has the right to acquire
public or private real property for such purposes by purchase from the owner if agreement on the
terms can be made and if not by condemnation in the manner provided by law under which the
county, municipality governmental agency is authorized to acquire real property for public purposes,
or if. If there be no such law, in the manner provided generally for the condemnation of property for
public use, or such municipalities and counties shall have the governmental agency has the right to
exchange lands owned by it the governmental agency for other lands of like character and value
within the county or an abutting county whether privately owned or owned by the United States, the
State of South Dakota, or any of its political subdivisions. Said The exchange shall be authorized by
resolution of the governing body directing the execution of the necessary conveyance or conveyances
to effect the same; such. Any conveyance or conveyances shall be signed by the presiding officer of
the governing body and attested by the auditor or clerk as the case may be.
Section 47. That § 50-7-5 be amended to read as follows:
50-7-5. The powers Any power granted by this chapter to counties and municipalities may be
exercised jointly by the county and municipalities located in said the county or abutting county, and
in. In the case of any existing airports airport owned by a municipality, the county in which said the
municipality is located, or an abutting county, may purchase from said the municipality an interest
therein and in in the airport. In the case of airports any airport operated by a county, a municipality
in such the county or abutting county may purchase from said the county an interest therein in the
airport and may appropriate money and do all other things necessary to share in the operation
expense as though said if the airport were was owned and operated solely by said the county or
municipality. In case of a jointly owned and operated airport the management of said the airport shall
be in accordance with regulations adopted by the governing boards of the county and municipality
not inconsistent with other provisions of this chapter, and the governing boards of the county and
municipality may by resolutions of their respective governing bodies create an airport board as
provided by chapter 50-6 which said chapter by reference thereto to the extent applicable is made
a part of this chapter.
Section 48. That § 50-7-7 be amended to read as follows:
50-7-7. If the question of establishing a county airport shall has not previously have been
approved by a majority vote of the voters at an election at which such the question was submitted,
then any county desiring to establish and construct an airport shall state in the next published report
of their the county's proceedings their the county's intention to establish and construct such the
airport stating the maximum amount which might be required to do so. If within sixty days from such
the publication a protest signed by fifteen percent of the voters of the county voting for Governor at
the last general election be filed with such the county commissioners, then no action shall may be
taken until the question shall have has been submitted to a vote of the people and sixty percent of
those voting shall vote in favor thereof. The question to be so submitted shall be, "Shall the county
expend an amount not to exceed $________ to establish and construct an airport?"
Section 49. That § 50-7-10 be amended to read as follows:
50-7-10. The governing body of any municipality or county may governmental agency shall
designate the commission department as its the body's agent to accept, receive, and receipt for federal
moneys in its the body's behalf for airport purposes, and to contract for the acquisition, construction,
enlargement, improvement, maintenance, equipment, or operation of airports, or other air navigation
facilities. The governing body governmental agency may enter into an agreement with the
commission department prescribing the terms and conditions of such the agency. The federal moneys
paid over by the United States government shall be paid over to the municipality or county under
such terms and conditions as may be imposed by the United States government in making such the
grant.
Section 50. That § 50-7-11 be amended to read as follows:
50-7-11. All contracts Any contract for the acquisition, construction, enlargement, improvement,
maintenance, equipment, or operation of airports any airport or any other air navigation facilities
facility, made by the municipality or county governmental agency itself, or through the agency of the
Department of Transportation of the state department, shall be made pursuant to the laws of this state
governing the making of like contracts.
Section 51. That § 50-7-12 be amended to read as follows:
50-7-12. The governing body of a municipality or county which governmental agency that has
established an airport or landing field and acquired, leased, or set apart real property for such purpose
may construct, improve, equip, maintain, and operate the same and shall have authority to may lease
or sublet such the property for airport purposes. The expenses of such the construction,
improvement, equipment, maintenance, and operation shall be a municipality or county charge as
the case may be.
Section 52. That § 50-7-13 be amended to read as follows:
50-7-13. The governing body of a municipality or county which governmental agency that has
established an airport or landing field and acquired, leased, or set apart real property for such purpose
may vest jurisdiction for the construction, improvement, equipment, maintenance, and operation
thereof of the airport, in any suitable officer, board, or body of such municipality or county, and
providing further a municipality is authorized to the governmental agency. The governmental agency
may create by ordinance a board whose sole purpose shall be to improve, regulate and supervise the
operation and management of air facilities.
Section 53. That § 50-7-14 be amended to read as follows:
50-7-14. The governing body of a municipality or county governmental agency may adopt
regulations and establish fees or charges for the use of such airport or landing field, or may authorize
an officer, board, or body of such municipality or county the governmental agency having
jurisdiction to adopt such regulations and establish such fees or charges, subject, however, to the
approval of such the governing body before they shall the regulations or charges take effect.
Section 54. That § 50-7-15 be amended to read as follows:
50-7-15. The department, on behalf of the commission, may enter into cooperative agreements
with the governing body of a municipality governmental agency, whereby, the initial expenditures
for making authorized airport improvements may be paid from any moneys that may be available
to the commission and the municipality's governmental agency's share of such the expenditure may
be reimbursed to the commission over a period of three years. The reimbursements shall be paid into
the special aviation internal service fund created by § 50-2-16 and used for airport improvement
purposes, or shall be paid into the specific fund used to make the initial expenditures. Any
municipality governmental agency may enter into a cooperative financing agreement upon the
adoption of a resolution authorizing the governing body to enter into such an the agreement.
Section 55. That § 50-7-16 be amended to read as follows:
50-7-16. The commission shall charge a municipality governmental agency simple interest at the
Category A rate of interest established in § 54-3-16 on the amount of money subject to
reimbursement under § 50-7-15 from the date of the expenditure to the date of payment.
50-7-17. No municipality or county governmental agency in this state, whether acting alone or
jointly with another municipality or county or with the state governmental agency, may submit to
the administrator of the federal aviation administration any project application under the provisions
of any act of Congress which provides airport planning, construction, and development funds or
other funds for the expansion and improvement of the airport system as such act shall pertain to the
State of South Dakota, unless the project and the project application have has been first approved
by the commission department. No municipality or county governmental agency may directly accept,
receive, receipt for, or disburse any funds granted by the United States under such act, but it the
governmental agency shall designate the commission department as its agent and in behalf to accept,
receive, receipt for and disburse such the funds. It The governmental agency shall enter into an
agreement with the commission department prescribing the terms and conditions of such the agency
in accordance with federal laws, rules and regulations and applicable laws of this state. The moneys
paid over by the United States government shall be retained by the state or paid over to the
municipality or county governmental agency under such terms and conditions as may be imposed
by the United States government making such the grant.
Section 57. That § 50-7-18 be amended to read as follows:
50-7-18. The commission department may in cases where federal aid funds are channeled
through the commission department, pursuant to the provisions of § 50-7-17, enter into contracts and
agreements binding on this state with the administrator of the federal aviation administration to
indemnify the United States for federal aid money funds contributed to the State of South Dakota,
or any county or municipality thereof governmental agency, used for the purchase of land as the site
of a public airport or for the construction of airport improvements thereon on the airport within this
state where the title to the land is subject to mineral rights or oil and gas leases, the release or
subordination of which is determined by the administrator of the federal aviation administration not
to be practicable.
Section 58. That § 50-7-19 be amended to read as follows:
50-7-19. The indemnifying agreements authorized in §§ 50-7-17 and 50-7-18 are limited:
Section 60. That § 50-9-2 be amended to read as follows:
50-9-2. The alteration or construction of overhead lines, cables, pipelines, outdoor theaters,
derricks, towers, or other structures not approved by the commission within two miles from the
nearest boundary of any airport which has been approved by the commission for public use by
aircraft, is declared to be a danger to the public and to life, limb, property and persons in the vicinity.
The commission shall promulgate and publish reasonable rules, pursuant to chapter 1-26, covering
the requirements that shall be met by any applicant to obtain the approval for the construction or
alteration of any such overhead line, cable, pipeline, outdoor theater, derricks, towers, or other
structures structure which is not exempt from the requirements of § 50-9-1.
50-9-3. The commission may, in its discretion, approve the application filed, as required by § 50-9-1 without a hearing. However, if the commission deems the erection of the structure to create a
hazard to the safe use of an airport by aircraft, and or a public danger, or the department finds the
same erection to be in violation of any of the rules referred to in authorized by § 50-9-2, the
commission shall assign the application for hearing upon reasonable notice to the applicant and. The
commission may order and require the applicant to cease and desist from erecting the overhead lines,
cables, pipelines, outdoor theaters, towers, or other structures structure except pursuant to and in
conformity to plans and specifications relating to height thereof, approved by the commission.
Section 62. That § 50-9-5 be amended to read as follows:
50-9-5. The erection or alteration of any of overhead lines, cables, pipelines, towers, outdoor
theaters, derricks, or other structures within two miles of the nearest boundary of an airport not
exempt from the requirements of structure covered by § 50-9-1 without the approval of the
commission is a Class 1 misdemeanor.
Section 63. That § 50-9-6 be repealed.
Section 64. That § 50-9-7 be repealed.
Section 65. That § 50-9-8 be repealed.
Section 66. That § 50-9-9 be repealed.
Section 67. That § 50-10-1 be amended to read as follows:
50-10-1. Terms used in this chapter mean:
Section 70. That § 50-10-4 be repealed.
Section 71. That § 50-10-5 be amended to read as follows:
50-10-5. Each municipality, county, or other political subdivision having within or without its
territorial limits an area within which, according to that has an airport approach layout plan adopted
by the commission, shall take measures should be taken for the protection of airport approaches, and
shall adopt, administer, and enforce, under the police power and in the manner and upon the
conditions prescribed by this chapter, airport zoning regulations applicable to the area.
Section 72. That § 50-10-6 be amended to read as follows:
50-10-6. The regulations required by § 50-10-5 shall divide the area into zones, and, within the
zones, specify the land uses permitted, regulate and restrict the height to which structures and trees
may be erected or allowed to grow, prohibit the obstruction, by lights, smoke, electronic devices, or
any other means, of the safe operation of aircraft near airports, and impose such other restrictions
and requirements as may be necessary to effectuate the commission's approach layout plan for the
airport. The existing and ultimate runway protection zone as depicted on the airport layout plan shall
be zoned to exclude homes and structures which constitute a concentration of people unless
otherwise approved by the Federal Aviation Administration.
Section 73. That chapter 50-10 be amended by adding thereto a NEW SECTION to read as
follows:
Section 74. That § 50-10-8 be amended to read as follows:
50-10-8. Any zoning or other regulations applicable to any area within which, according to shall
be consistent with an airport approach layout plan adopted by the commission, measures should.
Measures shall be taken for the protection of airport approaches, including not only any airport
zoning regulations adopted under this chapter but any zoning or other regulations dealing with the
same or similar matters, that have been or may be adopted under authority other than that conferred
by this chapter, and shall be consistent with, and conform to, the commission's approach airport
layout plan for such area. The regulations shall be amended as may be necessary to conform to any
revision of the airport layout plan that may be made by the commission.
Section 75. That § 50-10-11 be amended to read as follows:
Section 76. That § 50-10-28 be amended to read as follows:
50-10-28. In any case in which:
Section 77. That § 50-11-1 be repealed.
Section 78. That § 50-11-2 be repealed.
Section 79. That § 50-11-3 be repealed.
Section 80. That § 50-11-4 be repealed.
Section 81. That § 50-11-5 be amended to read as follows:
50-11-5. Any certificate required to be a pilot shall be kept in the personal possession of the pilot
when operating aircraft, and the The aircraft registration certificate shall at all times be
conspicuously posted within the aircraft so as to be readily seen by passengers or and inspectors. The
secretary of transportation department shall provide a decal bearing the same identification number
as the registration certificate. The aircraft owner shall immediately display the decal in such a
manner as to be a location easily visible from the right outside of the aircraft. A violation of this
section is a Class 2 misdemeanor.
Section 82. That § 50-11-6 be amended to read as follows:
50-11-6. Either an The aircraft registration certificate or pilot's certificate shall be presented for
inspection upon the demand of a passenger, a law enforcement officer of this state, an authorized
official or employee of the commission, or an official, manager, or person in charge of an airport in
this state upon which a landing is made, or upon the reasonable request of any other person. A
violation of this section is a Class 2 misdemeanor.
Section 83. That § 50-11-7 be repealed.
50-11-8. Unless otherwise expressly provided by the provisions of this chapter, the federal
certificates of every certificate of each civil aircraft owned and operated within this state shall be
registered by the aircraft owner annually with the secretary of transportation department in the
manner prescribed in §§ 50-11-9 to 50-11-31, inclusive. The required fee shall be paid by the aircraft
owner to the director department at the time of registration. A violation of this section is a Class 2
misdemeanor.
Section 85. That § 50-11-9 be amended to read as follows:
50-11-9. The owner or lessee of an aircraft to be operated within this state shall, except as
otherwise expressly provided, file with the department on a form prescribed and furnished by the
commission department, an application for registration of the aircraft. A person who fails to register
an aircraft within thirty days after it is operated in this state is guilty of a Class 2 misdemeanor. A
person who makes a false statement of a material fact in the application is guilty of a Class 6 felony.
In addition, failure to register an aircraft within ninety days of the date when registration is due shall
result in a civil penalty equal to ten percent of the registration fee provided in § 50-11-12 for each
month, or portion thereof, until the fee is paid, not to exceed five times the fee due.
Section 86. That § 50-11-10 be amended to read as follows:
50-11-10. On receipt of the application, the department shall file it. Upon determining that an
aircraft is entitled to registration and to be registered by the applicant, and that the original
registration tax required by § 50-11-19 has been paid in full, the department shall register it and
forward to the applicant a registration certificate and decal bearing a distinctive number together with
such other identifying matter as the commission shall prescribe. If, for any reason, the aircraft is not
entitled to registration or the applicant is not entitled to register the aircraft, the department shall
immediately notify the applicant of such fact together with the reasons.
Section 87. That § 50-11-16 be amended to read as follows:
50-11-16. The secretary of transportation department may not approve an application for any
aircraft which should have been previously registered or taxed under the laws of this state, without
collecting all past-due registration fees or taxes.
Section 88. That § 50-11-19.1 be amended to read as follows:
50-11-19.1. For the purposes of this chapter, the purchase price is:
50-11-20. The provisions of § 50-11-19 apply to all aircraft not previously registered in this state,
except:
Section 90. That § 50-11-21 be amended to read as follows:
50-11-21. The Aeronautics Commission commission may prescribe forms and adopt promulgate
rules pursuant to chapter 1-26 for the ascertainment, assessment, collection, or return of the
additional original registration tax imposed by § 50-11-19. Upon receipt of the original registration
tax the Department of Transportation department shall pay it to the state treasurer to be credited to
the aeronautics fund.
Section 91. That § 50-11-22 be amended to read as follows:
Section 92. That § 50-11-23 be amended to read as follows:
50-11-23. The purchaser or transferee described by § 50-11-22 shall, within thirty days, apply
to the department for the transfer of the registration of the aircraft to the purchaser's or transferee's
name and the issuance of a new certificate of registration. Failure to make the change of registration
within the time required by this section is a Class 2 misdemeanor. A person who makes a false
statement of a material fact in the application is guilty of a Class 5 felony.
Section 93. That § 50-11-31 be amended to read as follows:
50-11-31. In the event of loss, mutilation, or destruction of a registration certificate or other
identifying matter prescribed by the Aeronautics Commission commission and issued under the
provisions of this chapter, the registrant may obtain from the secretary of transportation a duplicate
certificate by filing in the office of the secretary with the department an affidavit showing such facts
and paying the fee prescribed by the commission. A person who makes a false statement of a
material fact in the affidavit is guilty of a Class 5 felony. The affidavit and fee shall be filed and
remitted by the secretary department as is required by law. The director department shall thereupon
issue a duplicate registration certificate or other identifying matter to the applicant.
Section 94. That § 50-11-36 be repealed.
Section 95. That § 50-12-1 be amended to read as follows:
50-12-1. Terms used in this chapter mean:
used primarily as a place of business for the sale or commercial use of aircraft.
Section 96. That § 50-12-2 be amended to read as follows:
50-12-2. Any person desiring to sell or solicit as a dealer the sale of aircraft within South Dakota
shall apply for an aircraft dealer's license to the department. For the original application such the
person shall possess one or more aircraft under normal registration. Such The application shall be
made in writing on a form furnished by the commission department and shall contain the following
information:
50-12-3. Upon receipt of an application pursuant to § 50-12-2, the department shall file it. Upon
determining that the applicant is entitled thereto to a license, the department shall assign to the
applicant a distinctive aircraft dealer license number, and issue the applicant the required number
of dealer's certificates bearing the license number. Each licensed dealer shall display the license in
a conspicuous place in the dealer's established place of business. Failure to display the license is a
Class 2 misdemeanor.
Section 98. That § 50-12-6 be amended to read as follows:
50-12-6. The secretary of transportation department at the time of the issuance of the original
license, or the renewal thereof of the license as provided in this chapter, shall issue six aircraft
dealer's certificates to an aircraft dealer. Any aircraft dealer may secure additional aircraft dealer's
certificates upon application therefor on forms furnished by the secretary department and the
payment of the additional fee as required by § 50-12-12.
Section 99. That § 50-12-11 be amended to read as follows:
50-12-11. In the event of loss, mutilation, or destruction of any dealer's license, certificate,
commercial use stamps, or other identifying matter prescribed by the commission and issued under
the provisions of this chapter, a registered aircraft dealer may obtain a duplicate thereof upon filing
with the department an affidavit showing such the facts and upon payment of a fee prescribed by the
commission at the discretion of the department. Upon receipt of the affidavit and the appropriate fee,
which shall be filed and remitted by the dealer as is required by law, the department shall issue a
duplicate dealer's license, certificate, commercial use stamp, or other identifying matter to the
applicant.
Section 100. That § 50-12-16 be amended to read as follows:
50-12-16. The department may refuse to issue or renew, or may suspend or revoke, an aircraft
dealer's license if the department has reasonable grounds to believe that the dealer has:
50-12-17. No license may be revoked or suspended, nor may the renewal of any license be
refused until after a hearing by the director of aeronautics commission, of which the licensee has ten
days' notice of the time and place of the hearing. If any license is revoked or suspended, or its
renewal is refused, the person affected by the order may appeal the decision as provided in chapter
1-26.
Section 102. That § 50-12-19 be amended to read as follows:
50-12-19. The commission department shall prepare the forms and certificates required by this
chapter. The commission department may prescribe the method of and location for the public display
of any and all certificates and licenses as are required and in conformity with the provisions of this
chapter.
Section 103. That § 50-12-22 be amended to read as follows:
50-12-22. The director of aeronautics department may inspect the pertinent books, letters,
records, and contracts of any licensed aircraft dealer periodically or relating to specific complaints
made against a dealer and which may be in violation of provisions of this chapter.
Section 104. That § 50-13-1 be repealed.
Section 105. That § 50-13-2 be repealed.
Section 106. That § 50-13-5 be amended to read as follows:
50-13-5. The landing of an aircraft on the lands or waters of another, without his consent, is a
Class 2 misdemeanor, except in the case of a forced landing. The owner or lessee of an aircraft or
its aeronaut is liable for damages caused by a forced landing, as provided in § 50-13-6.
Section 107. That § 50-13-6 be amended to read as follows:
50-13-6. The owner and the pilot, or either of them, of every The owner or the pilot, or both, of
each aircraft which that is operated over lands or waters of this state shall be is liable for injuries or
damage to persons or property on the land or water beneath, caused by the ascent, descent, or flight
of the aircraft, or the dropping or falling of any object therefrom from the aircraft in accordance with
the rules of law applicable to torts in this state.
Section 108. That § 50-13-7 be amended to read as follows:
50-13-7. The liability of the owner of one aircraft to the owner of another aircraft, or to aeronauts
pilots or passengers on either aircraft, for damage caused by collision on land or in the air, shall be
determined by the rules of law applicable to torts on land.
Section 109. That § 50-13-8 be amended to read as follows:
Section 110. That § 50-13-9 be amended to read as follows:
50-13-9. All contractual and other legal relations entered into by aeronauts pilots or passengers
while in flight over this state shall have the same effect as if entered into on the land or water
beneath.
Section 111. That § 50-13-11 be repealed.
Section 112. That § 50-13-12 be repealed.
Section 113. That § 50-13-13 be repealed.
Section 114. That § 50-13-14 be repealed.
Section 115. That § 50-13-16 be amended to read as follows:
50-13-16. It is a Class 1 misdemeanor for any person to operate an aircraft within the airspace
over, above, and upon the lands and waters of this state, carelessly and heedlessly in intentional
disregard of the rights or safety of others, or without due caution and circumspection in a manner in
the air or on the ground or water in a careless or reckless manner so as to endanger or be likely to
endanger any person or property. In any proceeding for a violation of this section, the court in
determining whether the operation was careless or reckless shall consider the standards for safe
operation of aircraft prescribed by federal statutes or regulations governing aeronautics.
Section 116. That § 50-13-17 be amended to read as follows:
50-13-17. It is a Class 1 misdemeanor for any person who is under the influence of an alcoholic
beverage or any drug, or the combined influence of an alcoholic beverage and any drug to operate
an aircraft in this state on any airport, landing field or landing strip, or to operate an aircraft in the
air in this state, while in an intoxicated condition or while under the influence of liquor or any
accelerating or stupefying drug. Having on or about his person or in his clothing or in or about the
aircraft any of such liquor or drug is prima facie evidence of the violation of this law the air or on
the ground or water. No person may operate an aircraft in the air or on the ground or water who has
0.04 percent or more, by weight, of alcohol in that person's blood.
(HB 1178)
Revise provisions relating to false statements
on aircraft registration.
Section 1. That § 50-11-9 be amended to read as follows:
50-11-9. The owner or lessee of an aircraft to be operated within this state shall, except as
otherwise expressly provided, file with the department on a form prescribed and furnished by the
commission, an application for registration of the aircraft. A person who fails to register an aircraft
within thirty days after it is operated in this state is guilty of a Class 2 misdemeanor. A person who
knowingly makes a false statement of a material fact in the application is guilty of a Class 6 Class
5 felony. In addition, failure to register an aircraft within ninety days of the date when registration
is due shall result in a civil penalty equal to ten percent of the registration fee provided in § 50-11-12
for each month, or portion thereof, until the fee is paid, not to exceed five times the fee due.
Section 2. That § 50-11-22 be amended to read as follows:
50-11-22. If an aircraft registered in accordance with §§ 50-11-8 to 50-11-21, inclusive, is sold
or transferred, the person in whose name the aircraft is registered shall complete and sign the
endorsement on the back of the certificate of registration as prescribed by the commission and shall,
within seven working days, forward to the department by mail a notice of the sale or transfer
including the date and place thereof and the name and address of the purchaser or transferee. Failure
to make the change of registration within the time required by this section is a Class 2 misdemeanor.
A person who knowingly makes a false statement of a material fact in the certificate of registration
is guilty of a Class 5 felony.
Section 3. That § 50-11-23 be amended to read as follows:
50-11-23. The purchaser or transferee described by § 50-11-22 shall, within thirty days, apply
to the department for the transfer of the registration of the aircraft to the purchaser's or transferee's
name and the issuance of a new certificate of registration. Failure to make the change of registration
within the time required by this section is a Class 2 misdemeanor. A person who knowingly makes
a false statement of a material fact in the application is guilty of a Class 5 felony.
Section 4. That § 50-11-31 be amended to read as follows:
50-11-31. In the event of loss, mutilation, or destruction of a registration certificate or other
identifying matter prescribed by the Aeronautics Commission and issued under the provisions of this
chapter, the registrant may obtain from the secretary of transportation a duplicate certificate by filing
in the office of the secretary an affidavit showing such facts and paying the fee prescribed by the
commission. A person who knowingly makes a false statement of a material fact in the affidavit is
guilty of a Class 5 felony. The affidavit and fee shall be filed and remitted by the secretary as is
required by law. The director shall thereupon issue a duplicate registration certificate or other
identifying matter to the applicant.
(HB 1042)
Penalty changed for late payment
of the additional original registration tax on aircraft.
Section 1. That § 50-11-19 be amended to read as follows:
50-11-19. In addition to all other registration fees paid to the Department of Transportation, an
additional original registration tax of four percent, based upon the purchase price of the aircraft, shall
be paid to the Department of Transportation in conjunction with the application for the original
registration of an aircraft. However, for the initial registration of aircraft manufactured and used
exclusively for agricultural spraying, crop dusting, seeding, fertilizing, or defoliating purposes, the
tax is three percent. Aircraft subject to the tax imposed by this chapter are exempt from taxes
imposed by chapters 10-45 and 10-46. Aircraft used under a use stamp or dealer certificate or
engaged in regularly scheduled flying consisting of an act of interstate or foreign commerce are
exempt from the taxes imposed by chapters 10-45 and 10-46. Failure to pay the registration tax
within thirty days after an aircraft is operated in this state is a Class 1 Class 2 misdemeanor. In
addition, failure to pay the registration tax within ninety days of the due date shall result in a civil
penalty of ten one-half percent of the tax due for each month, or portion thereof of the month, until
the tax is paid in accordance with this chapter, not to exceed two times five percent of the tax due.
(SB 80)
Homebuilt aircraft tax credits.
Section 1. That chapter 50-11 be amended by adding thereto a NEW SECTION to read as
follows:
tax and South Dakota use tax. The amount of the credit permitted by this section may not be greater
than the registration tax imposed by § 50-11-19 on the homebuilt aircraft. No credit is permitted for
any South Dakota sales tax or South Dakota use tax that was paid more than five years before the
date of the application for registration of the homebuilt aircraft.
Section 2. That chapter 50-11 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1047)
Trust and trust company provisions reformed.
Section 1. That § 51A-6A-29 be amended to read as follows:
51A-6A-29. A trust company may exercise the following powers necessary or incidental to
carrying on a trust company business, including:
pursuant to the order or direction of any court or public official of competent jurisdiction;
51A-6A-64. Any trust company qualified to act as a fiduciary in this state may establish common
trust funds or collective investment funds for the purpose of furnishing investments to itself as
fiduciary, or to itself and others, as co-fiduciaries. Any trust company qualified to act as fiduciary
in this state may, as such fiduciary or co-fiduciary, invest funds that it lawfully holds for investment
in the common trust funds or collective investment funds, if the investment is not prohibited by the
instrument, judgment, decree, or order creating the fiduciary relationship. Any common trust fund
or collective investment funds shall be established and maintained according to the provisions of
§§ 55-6-2 to 55-6-7, inclusive chapter 55-6.
Section 3. That § 51A-6A-32 be amended to read as follows:
51A-6A-32. If upon the examination of any trust company, the commission director considers
it necessary, the director may examine the fiduciary affairs of any officer or employee of any trust
company; and upon similar determination by the commission, the director may examine any
investment company or holding company or corporation which that is affiliated with any trust
company as to matters relevant to the safety and soundness of the trust company, such determination
being. Determinations by the director pursuant to this section are subject to review by the
commission pursuant to chapter 1-26.
Section 4. That § 55-4-31 be amended to read as follows:
55-4-31. A trustee is not liable to a beneficiary, as defined under this title or Title 29A, for breach
of trust from any or all of the duties, restrictions, and liabilities which would otherwise be imposed
on the trustee by this chapter, except as to the duties, restrictions, and liabilities imposed by §§ 55-4-10 to 55-4-12, inclusive, if the beneficiary consented to the conduct constituting the breach, released
the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
Section 5. That § 55-5-17 be amended to read as follows:
55-5-17. (a) Unless otherwise required by the terms of the trust instrument or court order, no trustee of a trust, with respect to acquiring, retaining, or disposing of a contract of insurance or
holding one or more insurance contracts upon the life of the settlor, or the lives of the settlor and the
settlor's spouse, has the following duties:
Section 6. That § 21-22-1 be amended to read as follows:
21-22-1. Terms used in this chapter mean:
Section 8. That § 21-22-7 be amended to read as follows:
21-22-7. At any time after the filing of the papers required by §§ 21-22-3 and 21-22-4 the trustee
a fiduciary or any beneficiary under such court trust, if he the fiduciary or beneficiary considers court
supervision unnecessary or impractical and involving unnecessary burden and expense, may petition
the court to dispense with such the supervision. Upon such the petition being filed, the court must
shall fix the time and place for hearing, unless the conditions of § 21-22-21 have been met, and cause
notice thereof to be given as provided by this chapter. Upon such the hearing such the supervision
shall may not be dispensed with if any trustee fiduciary or any beneficiary with a substantial interest
in the trust objects to dispensing therewith. If there is no such objection and the court is satisfied that
such supervision is impractical or unnecessary and would involve unnecessary burden and expense,
an order may be entered dispensing with such the supervision.
Section 9. That § 21-22-8 be amended to read as follows:
21-22-8. At any time during the existence of the trust, after supervision has been dispensed with
pursuant to § 21-22-7, any trustee fiduciary or beneficiary may petition for a resumption of such the
supervision in which event the court must shall, upon notice as provided in this chapter, conduct a
hearing and such the supervision shall be resumed unless good cause to the contrary is shown.
Section 10. That § 21-22-9 be amended to read as follows:
21-22-9. Any trustee fiduciary or beneficiary of any other trust may, if the trustee is a resident
of this state or if any of the trust estate has its situs in this state, at any time petition the circuit court,
the county where such petition is to be filed to be determined the same as in the case of a court trust,
to exercise supervision. Upon such the petition being filed, the court must shall fix a time and place
for hearing thereon, unless the conditions of § 21-22-21 have been met, cause notice to be given as
provided by this chapter, and, upon such hearing shall, enter an order assuming supervision unless
good cause to the contrary is shown. Thereupon the trustee shall within thirty days, file the
information required pursuant to § 21-22-3 by a trustee under a court trust, and, at all times
thereafter, the court shall have the same powers as over a court trust. If the petition for court
supervision includes the information required pursuant to § 21-22-3, the trustee fiduciary or
beneficiary may, in the same petition, request court action as to any matter relevant to the
administration of the trust, including the termination of court supervision. Upon the hearing on the
petition, the court shall enter an order assuming supervision unless good cause to the contrary is
shown and further shall make such order or give such directions to the trustee fiduciary as the court
shall determine.
Section 11. That § 21-22-10 be amended to read as follows:
21-22-10. Unless the trustee is exempted by the terms of the instrument creating the trust from
furnishing a bond or unless such the instrument itself provides the amount and condition of such
bond, the trustee must shall, upon commencement of court supervision, petition the court to fix the
amount and conditions of his bond unless the conditions of § 21-22-21 have been met. The court
shall then fix a time and place for hearing and direct notice thereof to be given as provided in this
chapter. Such The bond shall be conditioned that the trustee will faithfully perform his the trustee's
trust and duly account for all money and property received, and the amount of the bond shall be fixed
by the court in a sum which in the opinion of the court shall be sufficient to protect the interest of
the beneficiaries. Such The bond must shall be either with a corporate surety or with at least two
personal sureties to be approved by the court who are residents and freeholders of this state and who
together are worth in excess of all their liabilities and property exempt from execution, at least the
amount of the bond. Such bond must be filed by the trustee The trustee shall file the bond within ten
days after entry of the order requiring that the same bond be filed. Whenever If it appears that the
proper administration of the trust requires that a new bond be given, the court may require such new
bond.
Section 12. That § 21-22-13 be amended to read as follows:
21-22-13. Any trustee fiduciary or beneficiary of any trust under court supervision may at any
time petition the court for its action as to any matter relevant to the administration of the trust,
including particularly the requiring of special reports from the trustee a fiduciary, the exercise of any
discretion vested in the trustee a fiduciary, and as to any matter as to which courts of equity have
heretofore exercised jurisdiction over trustees fiduciaries. Upon the filing of such the petition the
court shall fix a time and place for hearing unless the conditions of § 21-22-21 have been met and
cause notice to be given as required by this chapter. Upon such the hearing the court shall make such
order or give such directions to the trustee as the court shall determine.
Section 13. That § 21-22-18 be amended to read as follows:
21-22-18. The notice provided by § 21-22-17 shall be served upon trustees fiduciaries,
beneficiaries, and attorneys of record, either personally or, by mail, addressed to each at his or her
last known post office address as shown by the records and files in the proceeding, or electronically
in accordance with § 15-6-5(d) and applicable local rules, at least fourteen days prior to the hearing
unless the court for good cause shown directs a shorter period.
Section 14. That § 21-22-22 be amended to read as follows:
21-22-22. At all hearings the court shall take testimony in the same manner as at hearings on
other proceedings and shall examine all reports and accounts filed, regardless of whether or not
objections are made thereto, and shall also consider and pass upon all acts of the trustee a fiduciary,
regardless of whether any question is raised with reference thereto.
Section 15. That § 21-22-26 be amended to read as follows:
21-22-26. Any trustee fiduciary who fails or neglects to comply with the provisions of this
chapter shall be is subject to removal by the court and shall be is liable to any beneficiary for all
damages sustained by such the beneficiary resulting from such noncompliance and shall also forfeit
all right to compensation as such trustee the fiduciary during the period of such noncompliance
unless it is shown, to the satisfaction of the court fixing such compensation, that such failure to
comply was inadvertent and not intentional and was with reasonable excuse and that the trustee
fiduciary has performed his or her duties diligently, faithfully, and efficiently. Failure or neglect as
to such compliance shall does not invalidate any act of the trustee fiduciary.
Section 16. That § 21-22-28 be amended to read as follows:
21-22-28. The privacy of those who have established a court trust or other trust shall be protected
in any court proceeding concerning the trust if the acting trustee fiduciary, the trustor (if living), or
any beneficiary so petition the court. Upon the filing of such a petition, the instrument on which the
trust is based, inventory, statement filed by any trustee fiduciary, annual verified report of trustee a
fiduciary, final report of trustee a fiduciary, and all petitions relevant to trust administration and all
court orders thereon shall be sealed upon filing and may not be made a part of the public record of
the proceeding, but shall be are available to the court, to the trustor, to the trustee any fiduciary, to
any beneficiary, to their attorneys, and to such other interested persons as the court may order upon
a showing of the need.
Section 17. That § 55-1B-10 be amended to read as follows:
55-1B-10. The powers and discretions of an investment trust advisor shall be provided in the
trust instrument and may be exercised or not exercised, in the best interests of the trust, in the sole
and absolute discretion of the investment trust advisor and are binding on any other person and any
other interested party, fiduciary, and excluded fiduciary. Unless the terms of the governing
instrument provide otherwise, the investment trust advisor has the power to perform the following:
55-3-13. A trustee is entitled to the repayment, out of the trust property, of all expenses actually
and properly incurred by him the trustee in the performance of his or her trust. He The trustee is
entitled to the repayment of even unlawful expenditures, if they the expenditures were productive
of actual benefit to the estate. Expenses in performance of the trust include those expenses actually
and properly incurred in the exercise of the trustee's powers as described in the governing instrument,
in any applicable court order, or in chapter 55-1A.
Section 19. That § 55-1A-9.1 be amended to read as follows:
55-1A-9.1. (a) As used in this section:
company or investment trust registered, unregistered, or exempt from registration under
the Investment Company Act of 1940;
Section 20. That § 55-16-15 be amended to read as follows:
55-16-15. (1) Notwithstanding the provisions of §§ 55-16-9 to 55-16-14, inclusive, but subject
to subdivision (2) of this section, this chapter does not apply in any respect to any person to whom
at the time of transfer the transferor is indebted on account of an agreement or order of court for the
payment of support or alimony in favor of the transferor's spouse, former spouse, or children, or for
a division or distribution of property in favor of the transferor's spouse or former spouse, to the
extent of the debt. This
16-14, inclusive, and this chapter apply to:
55-16-9. Notwithstanding any other provision of law, including chapter 54-8A, no action of any
kind, including an action to enforce a judgement judgment entered by a court or other body having
adjudicative authority, may be brought at law or in equity for an attachment or other provisional
remedy against property that is the subject of a qualified disposition or for avoidance of a qualified
disposition unless the settlor's transfer of property was made with the intent to defraud that specific
creditor. In the event of any conflict between any provision of this chapter and any provision of
chapter 54-8A or any other provision of law similar to any provision of chapter 54-8A, the provisions
of this chapter control and prevail.
Section 22. That § 55-16-2 be amended to read as follows:
55-16-2. For the purposes of this chapter, a trust instrument, is an instrument appointing a
qualified person or qualified persons for the property that is the subject of a disposition, which
instrument:
subordinate party with respect to the transferor within the meaning of § 672(c) of
the Internal Revenue Code of 1986, 26 U.S.C. § 672(c), as of January 1, 2009;
(HB 1131)
Credit card is not required to establish a revolving credit account.
Section 1. That § 51A-12-12 be amended to read as follows:
Section 2. That § 54-11-1 be amended to read as follows:
54-11-1. The term, "credit card", or, "accepted credit card", as used in this chapter, means any
credit card, identification card, or device which the cardholder has requested and received from any
issuer or business, or has signed or has used, or has authorized another to use, for the purpose of
obtaining money, property, checks, travelers checks, money orders, labor or services on credit. For
purposes of this chapter, a credit card need not be issued to establish a revolving loan account
arrangement made by a bank pursuant to § 51A-12-12.
(SB 183)
Trust fund requirements updated for perpetual cemeteries.
Section 1. That § 55-12-6 be repealed.
Section 2. That § 55-12-7 be repealed.
Section 3. That § 55-12-4 be amended to read as follows:
55-12-4. To continue to operate as a perpetual care cemetery, any such organization shall set
aside and deposit in the perpetual care cemetery principal fund not less than the following amounts
for lots of interment space thereafter sold or disposed of:
Section 4. That § 55-12-8 be amended to read as follows:
55-12-8. Only the The income from the perpetual care and maintenance guarantee cemetery
principal fund shall be may be transferred to an earnings fund established by the cemetery and may
be used for the care and maintenance of the cemetery for which it was established.
Section 5. That § 55-12-17 be amended to read as follows:
55-12-17. A perpetual cemetery, as defined in § 55-12-4, or a perpetual cemetery corporation
operating under chapter 47-29 shall file an annual financial report for the preceding fiscal year with
the secretary of state by July thirty-first of each year on a form prescribed by the secretary of state
if the cemetery has one hundred or more people buried in the cemetery.
Section 6. That chapter 55-12 be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
(SB 49)
Private placement insurance requirements changed.
Section 1. That § 58-11-1 be amended to read as follows:
Section 2. That § 58-15-15.13 be amended to read as follows:
58-15-15.13. For purposes of §§ 58-15-15, 58-15-16, 58-15-17, 58-15-26, 58-15-32, and 58-15-84, a A private placement policy is a variable annuity contract or a variable life insurance policy that
is:
(HB 1156)
Transmission of electronic documents
related to insurance policies, permitted.
Section 1. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:
application, computer, mobile device, tablet, or any other electronic device,
together with separate notice to a party directed to the electronic mail address at
which the party consents to receive notice of the posting;
Section 3. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:
Section 4. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:
party consents to electronic delivery; and
Section 6. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:
Section 7. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:
Section 8. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:
Section 9. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:
Section 10. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as
follows:
deliver additional notices or documents to such party in an electronic form, then prior to delivering
such additional notices or documents electronically, the insurer shall notify the party of:
Section 12. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as
follows:
(SB 50)
Division of Insurance rule-making authority modified.
Section 1. That § 58-2-39 be amended to read as follows:
58-2-39. The Division of Insurance may promulgate rules pursuant to chapter 1-26 in the
following areas:
(SB 52)
Informal settlement of insurance examinations allowed.
Section 1. That chapter 58-3 be amended by adding thereto a NEW SECTION to read as follows:
examination report does not constitute the conclusion of the examination and does not trigger the
provisions of § 58-3-12 until filed with the division under oath. Once the division has received the
draft examination report, the director may share the draft examination report with the company
examined to facilitate the resolution of the examination. The examiner in charge shall submit the
examination report under oath and trigger the provisions of § 58-3-12 within one hundred eighty
days of the director sharing the draft examination report pursuant to this section, unless the secretary
provides a longer timeframe to allow additional consideration of the draft examination report by the
company being examined. Nothing in this section applies to financial examinations.
Section 2. That chapter 58-3 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 58-3 be amended by adding thereto a NEW SECTION to read as follows:
(HB 1050)
Insurance director enforcement actions adjusted.
Section 1. That § 58-4-28.1 be amended to read as follows:
58-4-28.1. In any case in which the director has the power to deny an application or registration,
or to revoke, refuse to renew, or suspend the license of any insurance producer, solicitor, or
administrator, licensee, or entity required to be registered under this title, or the certificate of
authority of any insurance company or health maintenance organization, the director may permit an
applicant or licensee to elect in writing to pay impose a specified money penalty to be paid within
a specified time in lieu of a license suspension or other permitted action. No penalty may be imposed
under this section prior to a hearing conducted pursuant to chapter 1-26 unless the applicant,
licensee, or registrant agrees to the penalty in writing.
(HB 1052)
Insurance investigations and examinations,
additional disclosures permitted.
Section 1. That § 58-4-49 be amended to read as follows:
58-4-49. The status, existence, or outcome of any ongoing or completed investigation or
examination performed pursuant to this title may be disclosed by the director to any person who has
filed a complaint or report to the director pertaining to the specific investigation or examination. The
director may disclose the following information to any person identified by this section:
(HB 1054)
Insurance consumer protections standards established.
Section 1. Terms used in this Act mean:
Section 3. Any act by an insurer, if committed in violation of this section, is an unfair claims
practice if:
Section 4. Any of the following acts by an insurer, if committed in violation of section 3 of this
Act, is an unfair claims practice:
Section 6. If, after the hearing, the director finds an insurer has engaged in an unfair claims
practice, the director shall reduce the findings to writing and shall issue and serve the insurer a copy
of the findings and an order requiring the insurer to cease and desist from engaging in the act or
practice. The secretary of Labor and Regulation may order either or both of the following:
(HB 1157)
Retrospective payment of claims for covered services
provided by a health care professional.
Section 1. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
(SB 122)
Health insurers required to cover audiology services for children.
Section 1. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as
follows:
the treatment of hearing impairment to a person under the age of nineteen. This shall include
professional services rendered by an audiologist licensed pursuant to chapter 36-24.
Section 3. That chapter 58-18B be amended by adding thereto a NEW SECTION to read as
follows:
Section 4. That chapter 58-41 be amended by adding thereto a NEW SECTION to read as
follows:
(SB 99)
Self-funded multiple employer trust revisions.
Section 1. That § 58-18-88 be amended to read as follows:
58-18-88. A self-funded multiple employer trust, as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002, paragraph 40, may be authorized by the
director if the multiple employer trust meets all of the following conditions:
(HB 1053)
Insurance rating organizations regulation updated.
Section 1. That § 58-24-12 be amended to read as follows:
58-24-12. An insurer may satisfy its obligation to make such filings pursuant to this chapter by
becoming:
Section 2. That § 58-24-35 be amended to read as follows:
58-24-35. A corporation, unincorporated association, partnership, or individual, or any other
legal business entity, whether located within or outside this state, may make application to the
director apply for a license as a rating organization for such kinds of insurance, or subdivision or
class of risk or a part or combination thereof as are specified in its application and shall file therewith
by providing the following information in its application:
58-24-36. If the director finds that the applicant is competent, trustworthy, and otherwise
qualified to act as a rating organization and that its constitution, articles of agreement or association,
or certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its
business the contents of its application conform to the requirements of law, he the director shall issue
a license specifying the kinds of insurance, or subdivisions or classes of risks or parts or
combinations thereof for which the applicant is authorized to act as a rating organization. Every such
Each application shall be granted or denied in whole or in part by the director within sixty days of
the date of its filing with him the director.
Section 4. That § 58-24-37 be amended to read as follows:
58-24-37. Licenses Each license issued pursuant to § 58-24-36 shall remain remains in effect for
three years unless sooner suspended or revoked by the director. The license fee for said license shall
be any applicant pursuant to this chapter is twenty-five dollars.
Section 5. That § 58-24-38 be amended to read as follows:
58-24-38. Licenses Any license issued pursuant to § 58-24-36 may be suspended or revoked by
the director, after hearing upon notice, in the event if the rating organization ceases to meet the
requirements of said section any requirement of this chapter, including the requirements of initial
licensure.
Section 6. That § 58-24-39 be amended to read as follows:
58-24-39. Every Each rating organization shall notify the director promptly of every any change
in:
58-24-40. Subject to rules and regulations which of the rating organization that have been
approved by the director as reasonable, each rating organization shall permit any insurer, that is not
a member, to be a subscriber to its rating services for any kind of insurance, subdivision, or class of
risk or a part or combination thereof for which it is authorized to act as a rating organization
licensed. Notice of any proposed changes in such rules and regulations change to a rule shall be
given to subscribers each subscriber. Each rating organization shall furnish its rating services without
discrimination to its members and subscribers each member and subscriber.
Section 8. That § 58-24-41 be amended to read as follows:
58-24-41. The Any subscriber, member, or insurer may request a hearing held by the director to
determine the reasonableness of any rule or regulation of a rating organization in its application to
subscribers, each subscriber or the refusal of any rating organization to admit an insurer as a
subscriber,. The hearing shall, at the request of any subscriber or any such insurer, be reviewed by
the director at a hearing be held upon at least ten days' written notice to such rating organization and
to each subscriber or insurer pursuant to chapter 1-26. If the director finds that such the rule or
regulation is unreasonable in its application to subscribers, he or that an insurer is denied
subscription without justification, the director shall order that such the rule or regulation shall is not
be applicable to subscribers or that the insurer is to be admitted as a subscriber, as applicable.
Section 9. That § 58-24-42 be amended to read as follows:
58-24-42. If the rating organization fails to grant or reject an insurer's application for
subscribership within thirty days after it was made, the insurer may request a review by the director
as if the application had been rejected. If, after the hearing held pursuant to § 58-24-41, the director
finds that the insurer has been refused admittance to the rating organization as a subscriber without
justification, he shall order the rating organization to admit the insurer as a subscriber. If he finds that
the action of the rating organization was justified he, the director shall make issue an order affirming
its action.
Section 10. That § 58-24-44 be amended to read as follows:
58-24-44. Any rating organization may provide for the examination of policies, daily reports,
binders, renewal certificates, endorsements, or other evidences of insurance, or the cancellation
thereof, and may make reasonable rules governing their submission. Such rules Rules shall contain
a provision that in the event if any insurer does not within sixty days furnish satisfactory evidence
to the rating organization of the correction of any error or omission previously called to its attention
by the rating organization, it shall be the duty of within sixty days, the rating organization to shall
notify the director thereof. All information so submitted for examination shall be under this section
is confidential.
Section 11. That § 58-24-45 be amended to read as follows:
58-24-45. No rating organization shall may adopt any rule the effect of which would be to
prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or
returned by insurers to their policyholders, members, or subscribers.
Section 12. That § 58-24-45.1 be amended to read as follows:
58-24-45.1. An insurer may market insurance through a group insurance or mass marketing plan,
franchise, or blanket policy for any line of insurance regulated under this chapter, provided that the
if:
58-24-47. Any member or subscriber to a rating organization may appeal to the director from the
action or decision of such the rating organization in approving or rejecting any proposed change in
or addition to the filings of such the rating organization, and the. The director shall, after a hearing
held upon not less than ten days' written notice to the appellant and to such the rating organization,
issue an order approving the action or decision of the rating organization or, in the event he if the
director finds that such the action or decision was unreasonable, issue an order directing the rating
organization to make an addition to its filings on behalf of its members and subscribers, in a manner
consistent with his the director's findings within a reasonable time after the issuance of such the
order.
Section 14. That § 58-24-48 be amended to read as follows:
58-24-48. If such an appeal under § 58-24-47 is based upon the failure of the rating organization
to make a filing on behalf of such the member or subscriber, which is based on a system of expense
provisions which differs, in accordance with the right granted in § 58-24-8, from the system of
expense provisions included in a filing made by the rating organization, the director shall, if he the
director grants the appeal, order the rating organization to make the requested filing for use by the
appellant. In deciding such the appeal the director shall apply the standards set forth in §§ 58-24-5
to 58-24-9, inclusive.
Section 15. That § 58-24-53 be amended to read as follows:
58-24-53. Every Each group, association, or other organization of insurers, whether located
within or outside this state, which assists insurers which make their own filings or rating
organizations in rate-making, by the collection and furnishing of loss or expense statistics, or by the
submission of recommendations, but which does not make filings under this chapter shall be known
subject to licensure pursuant to this chapter as an advisory organization.
Section 16. That § 58-24-54 be amended to read as follows:
58-24-54. Every Each advisory organization shall file with the director:
58-24-55. If, after a hearing, the director finds that the furnishing of such an advisory
organization has furnished information or assistance that involves any act or practice which is unfair
or unreasonable or otherwise inconsistent with the provisions of this chapter, he the director may
issue a written an order specifying in what respect such act or practice is unfair or unreasonable or
otherwise inconsistent with the provisions of this chapter, and requiring the discontinuance of such
act or practice.
Section 18. That § 58-24-56 be amended to read as follows:
58-24-56. No insurer which that makes its own filings or any rating organization shall that
submits filings with the division may support its filings by statistics or adopt rate-making
recommendations, furnished to it by an advisory organization which has not complied with § 58-24-54 or with an order of the director involving such statistics or recommendations issued under § 58-24-55. If the director finds such an insurer or rating organization to be in violation of this section he
the director may issue an order requiring the discontinuance of such the violation.
Section 19. That § 58-24-58 be amended to read as follows:
58-24-58. If, after a hearing, the director finds that any activity or practice of any such group,
association, or other organization identified in § 58-24-57 is unfair or unreasonable or otherwise
inconsistent with the provisions of this chapter, he the director may issue a written an order
specifying in what respect such the activity or practice is unfair or unreasonable or otherwise
inconsistent with the provisions of this chapter and requiring the discontinuance of such the activity
or practice.
Section 20. That § 58-24-59 be amended to read as follows:
58-24-59. The As often as the director deems necessary, the director shall, at least once every
five years, make or cause to be made an examination of examine each rating organization licensed
in this state as provided in §§ 58-24-35 to 58-24-39, inclusive, and he may, as often as he may deem
it expedient, make or cause to be made an examination of each advisory organization referred to in
§ 58-24-53, and of each group, association, or other organization referred to in § 58-24-57. The cost
of any such examination shall be paid by the rating organization, advisory organization, or group,
association or other organization examined. The officers, manager, agents, and employees of such
the rating organization, advisory organization, or group, association, or other organization may be
examined at any time under oath and shall exhibit all books, records, accounts, documents, or
agreements governing its method of operation. In lieu of any such examination the above, the
director may accept the report of an examination made by the insurance supervisory official of
another state. No rating organization examined may be reimbursed from the examination fund.
Section 21. That § 58-24-61 be amended to read as follows:
58-24-61. The director may, if he the director finds that any person or organization has violated
any provision of this chapter, impose issue an order which imposes a penalty of not more than fifty
five hundred dollars for each such violation, but if he the director finds such a violation to be willful
he the director may impose a penalty of not more than five hundred thousand dollars for each such
violation. Such The penalties may be in addition to any other penalty provided by law or order of the
director issued pursuant to this chapter.
Section 22. That § 58-24-62 be amended to read as follows:
58-24-62. The director may suspend the license of any rating organization or insurer which that
fails to comply with an order of the director within the time limited by such order, or any extension
thereof which the director may grant. The director shall not suspend the license of any rating
organization or insurer for failure to comply with an order until after the time prescribed for an
appeal therefrom has expired or if an appeal has been taken, until such the order has been affirmed
on appeal. The director may determine when a suspension of license shall become becomes effective
and it shall remain. Any suspension remains in effect for the period fixed by him, unless he modifies
or rescinds such suspension the director, or until the order upon which such the suspension is based
is modified, rescinded, or reversed.
Section 23. That § 58-24-64 be amended to read as follows:
58-24-64. Any insurer or rating organization aggrieved by any order or decision of the director
made without a hearing, may, within thirty days after notice of the order to the insurer or
organization, make written request to the director for a hearing thereon. The director shall hear such
party or parties issue a notice of hearing pursuant to chapter 1-26 within twenty days after receipt
of such a request and shall give not less than ten days' written notice of the time and place of the
hearing. Within a reasonable time after such the hearing the director shall affirm, reverse, or modify
his the director's previous action, specifying his the reasons therefor. Pending such the hearing and
decision thereon the director may suspend or postpone the effective date of his the director's previous
action.
(HB 1080)
Emergency personnel driving records not to include motor vehicle
accidents while engaged in the performance of official duties.
Section 1. That § 58-24-75 be amended to read as follows:
58-24-75. No insurer may increase the premium or rate of an insured at policy issuance, during
the term of a policy, or at renewal because of an accident if the insured was responding to a call of
duty lawfully engaged in the performance of official duties as a law enforcement officer, firefighter,
emergency medical technician, or operator of emergency snow removal equipment, if the operation
of the emergency snow removal equipment is in response to an emergency call of duty a request
from and in support of a law enforcement officer, firefighter, or emergency medical technician's call
to duty, technician for any accident:
Section 2. That § 32-35-101 be amended to read as follows:
32-35-101. The Department of Public Safety shall furnish to any person upon request a certified
abstract of the operating record for the last three years of any person subject to the provisions of this
chapter. The abstract shall include enumeration of any motor vehicle accidents in which the person
has been involved and reference to any convictions of the person for a violation of the motor vehicle
laws as reported to the department. No accident may be entered on the driving record of a law
enforcement officer, firefighter, or emergency medical technician if the accident resulted from
occurred while the law enforcement officer's, firefighter's officer, firefighter, or emergency medical
technician's response to a call of duty as a law enforcement officer, firefighter, or emergency medical
technician and the law enforcement officer, firefighter, or emergency medical technician technician
was lawfully engaged in the performance of official duties and was driving an official emergency
vehicle. The accident shall be recorded separately. No accident may be entered on the driving record
of an operator of emergency snow removal equipment if the accident resulted from the operator's
response to an emergency call of duty as an operator of emergency snow removal equipment and the
operator was lawfully engaged in the performance of official duties in support of an emergency call
of duty by a law enforcement officer, firefighter, or emergency medical technician and was driving
official snow removal equipment. The accident shall be recorded separately. The department shall
collect five dollars for each abstract. The fee shall be credited to the state motor vehicle fund. Any
governmental entity or subdivision is exempt from this fee.
Section 3. That § 32-12-61 be amended to read as follows:
32-12-61. The Department of Public Safety shall file all abstracts of court records of convictions
received by it under the laws of this state and all accident reports received. The Department of Public
Safety shall maintain records or make suitable notations on the individual record of each licensee
and any person domiciled in this state who is required to have a driver license showing the
convictions, disqualifications, and other licensing actions for violations of any state or local law
relating to motor vehicle traffic control committed while the licensee or person was operating any
type of vehicle and the traffic accidents in which the licensee or person has been involved. The
information shall be readily ascertainable and available for the consideration of the department upon
any application for renewal of a license. However, with the exception of convictions resulting from
operation of a commercial motor vehicle, no conviction for speeding which is ten miles per hour or
less over the posted speed limit and no speeding conviction received from another state may be
entered on the licensee's driving record, but may be recorded separately. The separate record may
not be made available to the public. No accident may be entered on the driving record of a law
enforcement officer, firefighter, or emergency medical technician if the accident resulted from
occurred while the law enforcement officer's, firefighter's officer, firefighter, or emergency medical
technician's response to a call of duty technician was lawfully engaged in the performance of official
duties as a law enforcement officer, firefighter, or emergency medical technician and the law
enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the
performance of official duties and was driving an official emergency vehicle. The accident shall be
recorded separately. No accident may be entered on the driving record of an operator of emergency
snow removal equipment if the accident resulted from occurred while the operator's response to an
emergency call of duty as an operator of emergency snow removal equipment and the operator was
lawfully engaged in the performance of official duties in support of an emergency call of duty by a
law enforcement officer, firefighter, or emergency medical technician and was driving official snow
removal equipment. The accident shall be recorded separately.
(SB 115)
Travel insurance regulated.
Section 1. That § 58-30-52 be amended to read as follows:
58-30-52. No examination is required of:
in this state for at least one year within the five years next preceding the date of
application and who is deemed by the director to be fully qualified and competent;
58-30-68. The director may issue to an applicant qualified therefor under this title a limited lines
insurance producer's license for the following types of insurance:
58-30-69. Applicants for limited license as to accident insurance or baggage travel insurance
under subdivision 58-30-68(1) or (2) 58-30-68(4) are exempt from examination, as provided in § 58-
30-52, and the fee for each such license, including issuance thereof and the appointment by the
insurer, shall be in the amount specified in § 58-2-29.
Section 4. That § 58-30-142 be amended to read as follows:
58-30-142. Terms used in §§ 58-30-141 to 58-30-195, inclusive, and in this Act mean:
life, sickness and accident, disability, and personal effects when limited to a specific trip
and sold in connection with transportation provided by a common carrier a limited line
of insurance as defined in sections 5 to 13, inclusive, of this Act.
Section 5. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as
follows:
Section 7. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as
follows:
conditions of the insurance offered by the travel retailer or to evaluate the adequacy of the
customer's existing insurance coverage.
Section 9. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as
follows:
Section 11. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as
follows:
Section 12. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as
follows:
Section 13. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as
follows:
Section 14. The director may promulgate rules, pursuant to chapter 1-26, relating to the program
of instruction or training as set forth in subdivision (5) of section 7 of this Act.
(HB 1048)
Property and Casualty insurance laws reformed.
Section 1. That § 58-33-72 be repealed.
Section 2. That § 58-33-73 be repealed.
(HB 1163)
Farm mutual insurers may invest funds
in certain stocks and market funds.
Section 1. That § 58-35-47 be amended to read as follows:
58-35-47. The directors of a farm mutual insurer may invest the insurer's funds or any part of the
insurer's funds in any of the following:
(SB 147)
Membership revision of the governing body
of a health maintenance organization.
Section 1. That § 58-41-23 be amended to read as follows:
58-41-23. The governing body of any health maintenance organization may include enrollees,
providers, or other individuals. However, after a health maintenance organization has been
authorized under this chapter for one year, at least twenty percent of the governing body of a health
maintenance organization shall be composed of consumers who are enrollees of the health
maintenance organization. Unless the context otherwise requires, a "consumer". A consumer, is any
person other than a person:
(HB 1051)
Captive insurance companies, provisions updated.
Section 1. That § 58-46-4 be amended to read as follows:
58-46-4. Before receiving a certificate of authority, a captive insurance company shall file with
the director a certified copy of its articles of incorporation and bylaws governing documents, a
statement under oath of its president and secretary an officer, manager, trustee, or other appropriately
authorized representative, satisfactory to the director showing its financial condition, and any other
statements or documents required by the director.
58-46-13. Any captive insurance company formed under the provisions of this chapter shall have
has the privileges and be is subject to the provisions of the general corporation or trust law, as other
relevant state law proscribes title 47 or title 55, as applicable to the entity under which it is formed
and is otherwise relevant, as well as the applicable provisions contained in this chapter. In the event
of conflict between the provisions of this chapter and those of the general corporation law and trust
law title 47 or title 55, the provisions of this chapter shall control.
(HB 1108)
Obsolete provisions repealed
regarding employment strikes and lockouts.
Section 1. That § 60-6-19 be repealed.
Section 2. That § 60-6-20 be repealed.
Section 3. That § 60-6-21 be repealed.
(HB 1132)
The educational calendar as a reference point for work.
Section 1. That § 60-12-2 be amended to read as follows:
60-12-2. No child under fourteen years of age may be employed at any time in any factory or
workshop or about any mine, nor be employed in any mercantile establishment except during hours
when public schools are the child's own school or other educational program is not in session and
in no case after seven o'clock p.m. Violation of this section is a Class 2 misdemeanor.
Section 2. That chapter 60-12 be amended by adding thereto a NEW SECTION to read as
follows:
(HB 1045)
Unemployment insurance contribution rates revised.
Section 1. That § 61-5-25.2 be amended to read as follows:
61-5-25.2. The employer's reserve ratio for calendar year 2010 and 2011 shall be is the result
obtained by dividing the balance of credits existing in the employer's experience-rating account by
the total taxable payroll of the employer for the preceding three calendar years. The employer's
reserve ratio for calendar year 2012 and thereafter is the result obtained by dividing the balance of
credits existing in the employer's experience-rating account as of June thirtieth preceding the year
for which the rate is to be computed by the total taxable payroll of the employer for the preceding
three fiscal years. The employer's experience-rating account balance for 2012 and thereafter for the
purpose of this section is the balance on July thirty-first of the year preceding the year for which rates
are computed and is the difference between the contributions paid through July thirty-first and the
benefits paid through the preceding June thirtieth.
Column "A" | Column "B" |
Contribution Rate | Reserve Ratio |
9.50% | Less than -6.50% |
9.00% | -6.50% and Less than -6.00% |
8.50% | -6.00% and Less than -5.50% |
8.00% | -5.50% and Less than -5.00% |
7.50% | -5.00% and Less than -4.50% |
7.00% | -4.50% and Less than -4.00% |
6.50% | -4.00% and Less than -3.50% |
6.00% | -3.50% and Less than -3.00% |
5.50% | -3.00% and Less than -2.50% |
5.00% | -2.50% and Less than -2.00% |
4.50% | -2.00% and Less than -1.50% |
4.00% | -1.50% and Less than -1.00% |
3.50% | -1.00% and Less than -0.75% |
3.00% | -0.75% and Less than -0.50% |
2.50% | -0.50% and Less than -0.25% |
2.00% | -0.25% and Less than 0.00% |
1.50% | 0.00% and Less than 0.50% |
1.25% | 0.50% and Less than 0.75% |
1.00% | 0.75% and Less than 1.00% |
0.50% | 1.00% and Less than 1.25% |
0.35% | 1.25% and Less than 1.50% |
0.20% | 1.50% and Less than 2.00% |
0.10% | 2.00% and Less than 2.50% |
0.00% | 2.50% and Over |
Section 2. That chapter 61-5 be amended by adding thereto a NEW SECTION to read as follows:
Column "A" | Column "B" |
Contribution Rate | Reserve Ratio |
9.50% | Less than -7.00% |
9.00% | -7.00% and Less than -6.50% |
8.50% | -6.50% and Less than -6.00% |
8.00% | -6.00% and Less than -5.50% |
7.50% | -5.50% and Less than -5.00% |
7.00% | -5.00% and Less than -4.50% |
6.50% | -4.50% and Less than -4.00% |
6.00% | -4.00% and Less than -3.50% |
5.50% | -3.50% and Less than -3.00% |
5.00% | -3.00% and Less than -2.50% |
4.50% | -2.50% and Less than -2.00% |
4.00% | -2.00% and Less than -1.50% |
3.50% | -1.50% and Less than -1.00% |
3.00% | -1.00% and Less than -0.75% |
2.50% | -0.75% and Less than -0.50% |
2.00% | -0.50% and Less than -0.25% |
1.50% | -0.25% and Less than 0.00% |
1.00% | 0.00% and Less than 0.50% |
0.75% | 0.50% and Less than 0.75% |
0.60% | 0.75% and Less than 1.00% |
0.40% | 1.00% and Less than 1.25% |
0.30% | 1.25% and Less than 1.50% |
0.20% | 1.50% and Less than 1.75% |
0.10% | 1.75% and Less than 2.25% |
0.00% | 2.25% and Over |
(SB 69)
Good cause for voluntarily leaving employment.
Section 1. That § 61-6-9.1 be amended to read as follows:
(HB 1143)
Unemployment insurance benefit eligibility
of workers attending approved training, repealed.
Section 1. That § 61-6-22 be repealed.
Section 2. This Act is effective February 1, 2015.
SCR 13-09
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-39-47 RULE 13-09
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on August 28, 2013, at Pierre, South Dakota, relating to the amendment of
SDCL 15-39-47, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-39-47 be and it is hereby amended to read in its entirety as follows:
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2014.
DATED at Pierre, South Dakota, this 10th day of September, 2013.
SCR 13-10
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
ATTORNEY LICENSING WHEN HIS OR
HER SPOUSE IS A MEMBER OF THE
ARMED FORCES OF THE UNITED STATES
TO BE DESIGNATED AT SDCL CH. 16-16 RULE 13-10
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on August 28, 2013, at Pierre, South Dakota, relating to the adoption of a
new rule relating to the attorney licensing when his or her spouse is a member of the armed forces
of the United States, and the Court having considered the proposed adoption and being fully advised
in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to attorney licensing be and it is hereby
adopted to read in its entirety as follows:
Attorney licensing when his or her spouse is a member of the armed forces of the United States
to be designated at SDCL Ch. 16-16:
DATED at Pierre, South Dakota, this 10th day of September, 2013.
SCR 13-11
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
SUPREME COURT ELECTRONIC FILING RULES RULE 13-11
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on August 28, 2013, at Pierre, South Dakota, relating to the adoption
of a new rule relating to Supreme Court Electronic Filing Rules, and the Court having considered
the proposed adoption and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to Supreme Court Electronic Filing
Rules be and it is hereby adopted to read in its entirety as follows:
SUPREME COURT ELECTRONIC FILING RULES
(1) Effective January 1, 2014, except as specifically exempted by these rules or court order, attorneys
shall electronically file briefs and any appendices with the Supreme Court unless advance permission
is granted by the court allowing paper filing. Any other notices, petitions, pleadings, motions, or
documents may be filed electronically at the discretion of the attorney. Electronic filing for
self-represented litigants is discretionary for all filings with the Supreme Court. On a showing of
good cause, an attorney required to file electronically may be granted leave of court to file paper
documents with the Supreme Court.
(2) Documents filed electronically must be submitted by e-mail attachment to
SCClerkBriefs@ujs.state.sd.us. The number of the case shall appear in the subject line of the e-mail.
(3) A document filed electronically has the same legal effect as an original paper document.
(4) The typed attorney or party name or electronic signature on a document filed electronically has
the same effect as an original manually affixed signature.
(5) A party electronically filing a document that is not accessible to the public, in whole or in part,
is responsible for redaction or designating the document as confidential or sealed before transmitting
it to the court. For any document containing information where redaction is required, in whole or in
part, pursuant to chapter 15-15A or order of the court, the original unredacted document shall also
be filed electronically.
15-26B-2. Electronic document formats.
(1) All documents submitted to the court in electronic form must be in approved word processing
format which shall then be converted by the supreme court clerk to portable document format (.pdf).
(a) Parties must obtain permission from the supreme court clerk in advance if they seek
to submit documents in another format.
(b) Briefs shall comply with § 15-26A-60.
(c) An appendix may be filed electronically in portable document format (.pdf). Except
for limited excerpts showing a court's reasoning, circuit court transcripts that have been
filed electronically with the Supreme Court shall not be included in an appendix. A table
of contents with page or paragraph reference as appropriate for each document must
precede the appendix. Points of particular interest with page or paragraph reference may
also be added to the table of contents. When feasible, electronic bookmarks shall be added
to note the first page of each document in the appendix and may be added to note the
location of points of particular interest.
15-26B-3. Time of filing.
(1) A document in compliance with the Rules of Appellate Procedure and this rule and submitted
electronically to the supreme court clerk by 11:59 p.m. central standard time or daylight savings time
as applicable shall be considered filed on that date.
(2) Upon receiving an electronic document, the supreme court clerk will issue an e-mail confirmation
that the document has been received.
(3) Parties filing electronically must also submit an original and two hardcopies of any document to
the supreme court clerk. For any brief filed in an appeal from a judgment or order pursuant to chapter
26-8A, the appellant shall also file two hardcopy redacted briefs in compliance with subdivision
15-26A-60(9).
(4) The Supreme Court may also order any party to provide additional hardcopies of any documents
electronically filed.
(5) A party must pay all required fees and payments within five days of submitting a document filed
electronically. If fees and payments are not received within five days of submission, the document
will not be filed and will be returned by the supreme court clerk and the party will be required to
re-file the document.
15-26B-4. Electronic service.
(1) After January 1, 2014, any attorney not exempt from electronic filing or a party filing
electronically must designate an e-mail address for accepting electronic service and for receiving
electronic service with the supreme court clerk. On a showing of good cause, an attorney may be
granted leave of court to serve paper documents or to be exempt from receiving electronic service.
(2) If a party files a document by electronic means, the party must serve the document by electronic
means unless the recipient of service has not designated an e-mail address for receiving electronic
service.
(3) Electronic service is not effective if the party making service learns that the attempted service
did not reach the person to be served.
(4) If a recipient cannot accept electronic service of a document, service under another means
specified by § 15-6-5(b) is required.
(5) Any party effectuating service electronically must include a certificate of service specifying the
items electronically served.
(6) Documents served electronically may be in portable document format (.pdf), with the exception
of those documents to be filed with the Supreme Court in approved word processing format as
previously specified herein.
(7) The Supreme Court may electronically file and serve on registered attorneys and parties any
decisions, orders, notices, remittiturs or other documents prepared by the court in such cases
provided the attorney or party to be served has designated an e-mail address for receiving electronic
service.
15-26B-5. Original documents.
An original document submitted for filing in paper form may be scanned by the supreme court clerk
and destroyed after thirty days.
15-26B-6. Technical issues; Relief.
On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic
service was not completed due to technical problems.
15-26B-7. Scope.
Unless specifically provided otherwise by this rule or inconsistent with its provisions, the Rules of
Appellate Procedure contained in chapter 15-26A shall govern any electronic filings.
Effective January 1, 2014, the following provisions shall be repealed:
15-26A-2.1. Emergency filings by facsimile transmission.
DATED at Pierre, South Dakota, this 10th day of September, 2013.
SCR 13-12
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
CIRCUIT COURT ELECTRONIC FILING RULES RULE 13-12
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A hearing was held on August 28, 2013, at Pierre, South Dakota, relating to the adoption of a
new rule relating to Circuit Court Electronic Filing Rules, and the Court having considered the
proposed adoption and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to Circuit Court Electronic Filing Rules be
and it is hereby adopted to read in its entirety as follows:
CIRCUIT COURT ELECTRONIC FILING RULES
(1) "Registered user" means an attorney or party registered with the South Dakota Odyssey®
electronic filing system.
(2) "Electronic filing system" means the Odyssey® file and serve system maintained by the South
Dakota Unified Judicial System.
(3) "Confidential" means any records not accessible to the public as provided by § 15-15A-7. A
document marked as "confidential" means that the document will not be accessible to the public but
will be accessible to court personnel and attorneys or parties in the case as permitted by applicable
law or court order.
(4) "Sealed" means any record where access is restricted by order of the court. A document marked
"sealed" will not be accessible to the public but will be accessible to court personnel and attorneys
or parties in the case as permitted by applicable law or court order.
(5) "Electronic Signature" means an electronic symbol or process attached to or logically associated
with a document executed or adopted by a user with the intent to sign a document.
16-21A-2. Electronic filing.
(1) Documents filed electronically in the circuit courts or magistrate courts, excluding small claims, shall be submitted through the Odyssey® electronic filing system in all counties where available. Any user shall be required to register with the court and designate an e-mail address prior to using the electronic filing system. The presiding judge of a judicial circuit may direct that small claims cases be filed through the electronic filing system except as specifically exempted by these rules or
court order.
(2) Effective July 1, 2014, except as specifically exempted by these rules or court order, all filings,
notices, petitions, pleadings, motions, briefs or documents, with the exception of small claims, shall
be filed electronically for all civil case types. For criminal case types all documents, except the
initiating pleading or documents specifically exempted by these rules or court order, shall be filed
electronically. Self-represented litigants may file electronically, but shall not be required to file
electronically. On a showing of good cause, an attorney required to file electronically may be granted
leave of court to file paper documents with the clerk of court. The service of any summons or
subpoena shall follow the requirements of § 15-6-4 or 15-6-45(c) as applicable.
(3) Registered users will receive electronic notice when documents are entered into the system.
Registration for electronic filing constitutes written consent to electronic service of all documents
filed in accordance with these rules and the Rules of Civil Procedure. Electronic service through the
electronic filing system shall be deemed service by mail for purposes of adding an additional three
days to any prescribed period.
(4) Documents that will not be accepted for electronic filing, unless otherwise directed to be filed
electronically by the court, include:
(a) New criminal case initiating documents;
(b) Motions requesting that a document be sealed and original sealed documents;
(c) Trial or hearing exhibits;
(d) Wills to be retained for safekeeping pursuant to § 29A-2-515;
(e) Oversized documents that cannot be scanned effectively;
(f) Documents not of sufficient graphical quality to be legible when scanned;
(g) Administrative appeal records filed with the court pursuant to § 1-26-33;
(h) Discovery documents as provided by § 15-6-5(g); and
(i) Any other documents directed by the court not to be filed electronically.
(5) A document filed or served electronically has the same legal effect as a paper document.
(6) Any signature on a document filed electronically is considered that of the attorney or party it
purports to be for all purposes. If it is established that the documents were transmitted without
authority, the court shall strike the filing.
(7) Documents requiring signatures of more than one party may be electronically filed either by (a)
submitting a scanned document containing all necessary signatures; (b) identifying on the document
the parties whose signatures are required and by the submission of a notice of endorsement by the
other parties no later than seven days after filing; or (c) in any other manner approved by the court.
When filing documents that require signatures from other parties, it is not permissible to insert a "/s/"
for another person's signature.
(8) All paragraphs, excluding attachments, shall be numbered in all documents, except briefs, filed
electronically. Reference to material in such documents shall be to paragraph number, not page
number.
16-21A-3. Filing formats.
16-21A-4. Time of filing.
(1) A document in compliance with the rules and submitted electronically to the court clerk of court
by 11:59 p.m. central standard time or daylight savings time as applicable shall be considered filed
on that date.
(2) After reviewing an electronically filed document, the clerk of court must inform the filer, through
an e-mail generated by the Odyssey® system, whether the document has been accepted or rejected.
A document may be rejected (a) if it is filed in the wrong county; (b) applicable filing fees are not
paid or waived; (c) the document is incomplete or contains missing information; (d) or fails to
comply with applicable statutory requirements or these rules.
(3) Any applicable fees associated with the filing must be paid at the time the document is filed. A
request for the waiver of fees must accompany the filing of the document. If the request to waive
such fees is denied the party must submit any applicable fee within seven days.
16-21A-5. Confidentiality/Sealed documents.
(1) A party electronically filing a document that is not accessible to the public in whole or in part is
responsible for redaction or designating the document as confidential or sealed before transmitting
it to the court. For any redacted document a sealed version of the original unredacted document
should also be filed electronically.
(2) In documents prepared for filing with the court, information that would otherwise be included
in the document but required by § 15-15A-9 not to be disclosed in court documents must be
separately filed on a Confidential Information Form and may be included in those documents only
by reference.
(3) It is the responsibility of the parties to seek advance approval from the court for submitting a
document as sealed or confidential if that document is not already declared confidential or sealed by
existing law, court rules or order. The title of a sealed or confidential document will appear on any
electronic register of actions for the case.
16-21A-6. Retention.
A registered attorney electronically filing or serving a document, or any person filing a petition for
mental illness commitment, is deemed to represent that the document so filed or served is a true and
correct copy of the original. The original, if in hardcopy form, shall be maintained by the filing
attorney or person filing a mental illness commitment for one hundred twenty days after the date of
electronic filing or service, whichever is later. Self-represented litigants electronically filing or
serving a document shall maintain the original document in hardcopy form for two years after the
date of electronic filing and service, whichever is later. Both attorneys and self-represented litigants
shall make the original document available upon request of the court, the signatories, or other parties
during the required retention period. In the event of a failure to comply with this provision the court
may make such orders in regard to the failure as are appropriate under the circumstances including,
but not limited to, the following: order that the electronic document be considered the original
document for all purposes; prohibit the party from introducing designated matters in evidence as a
result of the failure to comply; strike any relevant pleadings or parts thereof; stay further proceedings
until the order is obeyed; dismiss the action or proceeding or any part thereof; order the party to pay
reasonable expenses, including attorney's fees, caused by the failure as the court may determine
appropriate. In lieu of any of the foregoing, or in addition thereto, the court may treat such failure
as a contempt of court.
(1) A party who files a document electronically must serve the document by electronic means if the
recipient consents to accept documents served electronically. All documents filed electronically must
be served electronically through the Odyssey® system except for documents served on or by
self-represented litigants. On a showing of good cause, an attorney may be granted leave of court to
serve paper documents or to be exempt from receiving electronic service.
(2) Electronic service is not effective if the party making service learns that the attempted service
did not reach the person to be served.
(3) After July 1, 2014, any party not exempt from electronic filing must designate an e-mail address
for accepting electronic service and for receiving electronic service through the electronic filing
system.
(4) The court may electronically file and serve on registered attorneys and parties any judgments,
orders, notices or other documents prepared by the court in such cases provided the attorney or party
to be served has designated an e-mail address for receiving electronic service.
16-21A-8. Original documents.
An original document submitted for filing in paper form may be scanned by the clerk of court and
destroyed after thirty days. A party may request the return of any original document filed with the
clerk of court by submitting a document request return form with the document when it is delivered
for filing along with a self-addressed stamped envelope. See Appendix "Document Return Request
Form."
16-21A-9. Technical Issues--Relief.
On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic
service was not completed due to technical problems.
16-21A-10. Scope.
Unless specifically provided otherwise in this rule or inconsistent with its provisions, the Rules of
Civil and Criminal Procedure shall govern electronic filings.
This rule is effective July 1, 2014, and remains in effect until further order of the Court. The
electronic filing requirements set forth by this Order shall be considered discretionary until July 1,
2014.
Effective July 1, 2014, the following provisions shall be amended as follows:
15-6-5(d). Filing of papers--Originals--Copies.The original of all papers, excluding briefs or
memorandums of law thereof, served upon a party or presented to any court or judge in support of
any application or motion and including the summons, all pleadings, notices, demands, offers,
stipulations, affidavits, written motions and orders shall, if not filed before service, be filed with the
court, together with proof of such service, forthwith upon such service. The foregoing requirement
of filing applies to the notice of filing of an order and the notice of entry of a judgment together with
proof of service thereof, both of which shall be filed forthwith; if not filed within ten days after
service thereof, the time of service shall be deemed to be the date of filing of the notice and proof
of service. If papers are not to be served, they must be filed with the court at the time of their
presentation to the court for any action or consideration.
shall have the same force and effect as a certified copy of an original.
DOCUMENT RETURN REQUEST FORM
STATE OF SOUTH DAKOTA, ) In Circuit Court
County of ____________ )
) ______________Judicial Circuit
A. B., )
Plaintiff )
vs. ) DOCUMENT RETURN REQUEST
C.D., )
Defendant )
I am requesting that the following document(s) submitted for scanning or as a trial exhibit in the
above-named case be returned:
List documents to be returned
______ I request that the document(s) be returned by mail and have enclosed a self-addressed
stamped envelope.
______ I will pick up the document(s) on_________________.
Dated _____________
Signed: _____________________________
Party or Party's Attorney of Record
Address: ____________________________
RETURN RECEIPT
Received document(s) this ______day of _______,_______.
Signed: ____________________________
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 10th day of September, 2013.
SCR 13-13
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE DEFINING THE
KEY COMPONENTS FOR DRUG COURTS
IN THE STATE OF SOUTH DAKOTA RULE 13-13
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A hearing was held on November 5, 2013, at Pierre, South Dakota, relating to the adoption of
a new rule defining the key components for drug courts in the State of South Dakota, and the Court
having considered the proposed rule and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule defining the key components for drug courts in the
State of South Dakota be and it is hereby adopted to read in its entirety as follows:
Defining the Key Components for Drug Courts in the State of South Dakota.
Section 1. As used in this rule drug courts include any court supervised alternative to
incarceration and includes drug, driving under the influence, and other specialty court dockets aimed
at increasing public safety, offender accountability and decreasing recidivism.
16-22-5.1. Key components for drug courts.South Dakota drug courts shall adhere to the
following ten key components in order to maintain the fidelity and preserve the structural integrity
of such programs:
16-22-5.2. Standards and guidelines in accordance with key components.The State Court
Administrator's Office, in consultation with the Statewide Drug Court Advisory Board, shall
implement statewide standards and guidelines in accordance with the ten key components to ensure
the effectiveness and maintain the fidelity of the drug courts.
16-22-5.3. Standards in accordance with best practices publication.The State Court
Administrator's Office, in consultation with the Statewide Drug Court Advisory Board, shall
implement statewide standards in accordance with "Adult Drug Court Best Practice Standards,"
published by the National Association of Drug Court Professionals.
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2014.
SCR 13-14
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE GOVERNING
EVIDENCE-BASED PROBATION
SUPERVISION PRACTICES RULE 13-14
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A hearing was held on November 5, 2013, at Pierre, South Dakota, relating to the adoption of
a new rule governing evidence-based probation supervision practices, and the Court having
considered the proposed rule and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule governing evidence-based probation supervision
practices be and it is hereby adopted to read in its entirety as follows:
23A-48-2. Methods used in adult probation supervision.Adult probation supervision shall
include:
risk to reoffend unless otherwise approved by the chief court services officer for the
judicial circuit; and
DATED at Pierre, South Dakota, this 8th day of November, 2013.
SCR 13-15
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE ESTABLISHING
EARNED DISCHARGE POLICY FOR
CERTAIN PROBATIONERS RULE 13-15
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A hearing was held on November 5, 2013, at Pierre, South Dakota, relating to the adoption of
a new rule establishing an earned discharge policy for certain probationers, and the Court having
considered the proposed rule and the oral presentation relating thereto, and being fully advised in the
premises, now, therefore, it is
ORDERED that the adoption of a new rule establishing an earned discharge policy for certain
probationers be and it is hereby adopted to read in its entirety as follows:
23A-48-16. Definitions pertaining to earned discharge credits.Definitions for the purposes of
determining earned discharge credits:
23A-48-18. Eligibility for earned discharge credit.Except as set forth in § 23A-48-17, a
probationer who has a term of supervised probation of six months or more as of January 1, 2014
shall be eligible for earned discharge credit as set forth in § 23A-48-19 regardless of the date of
conviction.
23A-48-19. Criteria for awarding earned discharge credits.A probationer shall be awarded earned
discharge credits while on supervised probation as follows:
to the probationer for the months the probation violation was pending before the court.
Absent such an order the probationer shall not be entitled to any earned discharge credit
for such period of time.
23A-48-21. Review of denial of earned discharge credit.A probationer who objects to a
supervising court services officer's determination that the probationer is ineligible for the award of
earned discharge credit may seek review of that decision with the chief court services officer for the
judicial circuit. Review of the denial of earned discharge credit may be made by filing a notice of
review with the chief court services officer within 10 days from receiving notice of the denial. In the
event the supervising court services officer is the chief court services officer, the probationer may
request review of such determination by a chief court services officer from another judicial circuit
which will be assigned by the director of trial court services. The decision made by the chief court
services officer concerning the award of earned discharge credits is final.
23A-48-22. Irrevocability of discharge credits--Sentencing court authority to modify
probation.Earned discharge credits are not revocable once awarded. However, nothing in §§ 23A-48-15 to 23A-48-22, inclusive, limits the sentencing court's authority to modify the terms and conditions
of probation.
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2014.
DATED at Pierre, South Dakota, this 8th day of November, 2013.
SCR 13-16
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE ESTABLISHING
A GRADUATED RESPONSE GRID RULE 13-16
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A hearing was held on November 5, 2013, at Pierre, South Dakota, relating to the adoption of
a new rule establishing a graduated response grid, and the Court having considered the proposed rule
and the oral presentation relating thereto, and being fully advised in the premises, now, therefore,
it is
ORDERED that the adoption of a new rule establishing aa graduated response grid be and it is
hereby adopted to read in its entirety as follows:
23A-48-5. Statewide utilization of grid for adult cases. The response grid in Appendix A to this
chapter is hereby adopted for statewide use by court services officers. The response grid shall be
utilized statewide for all adult cases supervised through court services. Sections 23A-48-4 to 23A-48-14, inclusive, do not apply to probationers supervised as part of a drug court as defined by § 16-22-3.
23A-48-6. Incentives for compliance. Court services officers are encouraged to provide
incentives for compliance with the conditions of probation and acknowledge achievements to
reinforce positive behavior.
23A-48-7. Response grid to be standard condition of probation--Review of moderate or serious
sanctions. Except as stated in § 23A-48-5 the response grid shall be made a standard condition of
probation and a probationer shall be informed that they may seek review of any moderate or serious
sanction imposed by requesting review by the chief court services officer for the judicial circuit. In
the event the supervising court services officer is the chief court services officer, the probationer may
request review of such determination by a chief court services officer from another judicial circuit
which shall be assigned by the director of trial court services. The decision made by the chief court
services officer concerning the imposition of a sanction is final.
23A-48-8. Arrest for misdemeanor or felony--Petition to modify or revoke probation--Report.
The response grid applies to conduct that is a violation of the terms and conditions of probation
including an arrest for a misdemeanor offense. If a probationer is arrested for a felony, the court
services officer shall submit a probation violation report to the prosecuting attorney. The court
services officer may file a petition to modify or revoke probation with the court at any time. If a
probationer's conduct demonstrates a significant risk to public safety the court services officer shall
immediately submit a probation violation report.
23A-48-9. Application of grid. A court services officer shall respond to a violation through the
application of the grid by utilizing the appropriate cells based on the probationer's risk level and the
type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the
supervising court services officer. A court services officer may deviate up or down from the grid cell
with supervisor approval. Not all responses in each grid cell may be appropriate for all violations or
for all probationers. Graduated responses may be used individually or in combination and include
formal and informal responses to probation violations. The imposition of any sanction or incentive
shall be documented by the court services officer.
23A-48-10. Factors for imposition of sanction. Court services officers shall consider the risk the
probationer poses to the community, the severity of any violation, prior history on probation,
previous violations or sanctions, and the deterrent effect when imposing a sanction. The court
services officer shall also employ positive reinforcement for a probationer's compliance with the
conditions of supervision and completion of benchmarks during the term of supervision.
23A-48-11. Court services officer response to violation of conditions of probation. In response
to a violation of the conditions of probation the court services officer may:
23A-48-13. Response grid oversight committee. There is hereby established a response grid
oversight committee to consider recommendations to the graduated response grid and make such
changes as the committee determines appropriate by majority vote. The committee shall be appointed
by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine
members and be composed of two judges, two chief court services officers, one deputy chief court
services officer, two court services officers that are not chief or deputy chief court services officers,
one state's attorney and one defense attorney. The director of trial court services shall also serve as
a non-voting member of the committee. The committee shall meet within 180 days from appointment
and at least annually thereafter.
23A-48-14. Sentencing court authority to respond to violation or modify conditions. Nothing in
§§ 23A-48-4 to 23A-48-14, inclusive, shall be construed to limit the sentencing court's ability to
respond to a probation violation or modify the terms and conditions of probation.
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2014.
DATED at Pierre, South Dakota, this 8th day of November, 2013.
South Dakota's Application of Supervisory Responses (ASR): Responding to the Public Safety
Improvement Act
Violation Severity |
Administrative/ Financial Obligations Only/Case Service Monitoring |
Low Risk active probationer (LSI-R) | Moderate Risk active probationer (LSI-R) | High Risk active probationer (LSI-R) |
Minor Failure to file paperwork/form on time Failure to complete an assignment/ directive Missing programming appointment (1st time) Missing meeting with officer (1st time) Late to meeting w/officer (1st time) Failure to meet financial obligation (1st time) Dishonesty (1st time) Failure to maintain satisfactory performance at educational/ employment endeavor (1st time) One 24/7 violation Violation of social decorum |
* Verbal consequence * Letter to client * Volunteer opportunity (service; 1 time) * Written assignment for client (brief) * Discretion of CSO; appropriate per violation |
* Verbal consequence * Letter to client * Volunteer opportunity (service; 1 time) * Written assignment for client (brief) * Discretion of CSO; appropriate per violation |
* Verbal consequence * Letter to client * Volunteer opportunity (service; 1 time) * Written assignment for client (brief) * Discretion of CSO; appropriate per violation |
* Verbal consequence * Letter to client * Volunteer opportunity (service; 1 time) * Written assignment for client (brief) * Discretion of CSO; appropriate per violation * Extra (scheduled) meeting with officer for problem solving |
Moderate Continuing failure to file paperwork/form Continuing failure to complete assign./direct. Continuing missed programming appt. Continuing lateness to meeting w/officer Continuing failure to meet finance.ob. Continuing dishonesty Failure to report change in status (employ;residence; other) New arrest/charge _ Misdemeanor Class 2 Continuing missed meeting w/officer New arrest/charge _ Misdemeanor Class 1 Prohibited space by statute or court order Unsatisfactory termination from treatment program Continuing failure to maintain satisfactory performance at educational/ employment endeavor Contact with prohibited associates Violation of protection order Two 24/7 violation Positive (or continuing positive) UA Positive (or continuing positive) PBT AWOL |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment * Discretion of CSO; appropriate per violation |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment * Discretion of CSO; appropriate per violation * Treatment referral * Short-term jail stay _ up to 48 hours |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment * Discretion of CSO; appropriate per violation * Treatment referral * Increase meeting requirement * Develop planner/scheduler/ workbook * Court observations * Increase UA and similar * Residential/out-of-home placement * House arrest/Electronic monitoring * Short-term jail stay _ up to 48 hours |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment * Discretion of CSO; appropriate per violation * Treatment referral * Increase meeting requirement * Develop planner/scheduler/ workbook * Court observations * Increase UA and similar * Residential/out-of-home placement * House arrest/Electronic monitoring * Short-term jail stay _ up to 48 hours |
Serious Continuing or ongoing contact w/prohibited associates Continuing or ongoing prohibited space by statute or court order Continuing failure to report change in status (employ; residence; other) Three or more 24/7 violation Ongoing failure to file paperwork/ form Ongoing missed programming appt. Ongoing missed meeting w/officer Ongoing lateness to meeting w/officer Ongoing failure to meet finance ob. Ongoing dishonesty Ongoing failure to maintain satisfactory performance at educational/ employment endeavor Ongoing positive UA and similar Ongoing positive PBT Unsatisfactory termination from any treatment program A significant event related to original/instant offense *New arrest/charge _ Felony *Absconding *Continuing or ongoing AWOL *Continuing violation of protection order |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment (thinking report) * Increase/ institute meeting requirement * Increase in supervision level/risk level * Discretion of CSO; appropriate per violation * Formal violation order to show cause issued |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment (thinking report) * Increase meeting requirement * Treatment referral * Increase UA and similar * Increase in supervision level/risk level * House arrest/Electronic monitoring * Discretion of CSO; appropriate per violation * Short-term jail stay _ up to 48 hours |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment (thinking report) * Increase meeting requirement * Treatment referral * Increase UA and similar * House arrest/Electronic monitoring * Develop planner/scheduler/ workbook * Residential/out-of-home placement (incl.tx) * Discretion of CSO; appropriate per violation * Short-term jail stay _ up to 48 hours |
* Verbal consequence * Letter to client * Volunteer opportunity (service) * Written assignment (thinking report) * Increase meeting requirement * Treatment referral * Increase UA and similar * House arrest/Electronic monitoring * Develop planner/scheduler/ workbook * Residential/ out-of-home placement (incl.tx) * Discretion of CSO; appropriate per violation * Short-term jail stay _ up to 48 hours |
SCR 13-17
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-35-4.2 RULE 13-17
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A hearing was held on November 5, 2013, at Pierre, South Dakota, relating to the amendment
of SDCL 23A-35-4.2, and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 23A-35-4.2 be and it is hereby amended to read in its entirety as
follows:
23A-35-4.2. Facsimile Electronic transmission of affidavit in support of search warrant--Issue
of search warrant--Proof of magistrate's signature.A committing magistrate may, by means of
facsimile electronic transmission, receive an affidavit in support of the issuance of a search warrant
and may issue a search warrant by the same method. All applicable procedural and statutory
requirements for the issuance of a warrant shall be met. For all procedural and statutory purposes,
the facsimile electronic document shall have the same force and effect as the original. The original
documents Any electronic document transmitted pursuant to this section shall be filed with the court
within five business days.
IT IS FURTHER ORDERED that this rule shall become effective immediately.
DATED at Pierre, South Dakota, this 8th day of November, 2013.
SCR 14-01
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-24-5 RULE 14-01
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of SDCL 15-24-5, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-24-5 be and it is hereby amended to read in its entirety as follows:
15-24-5. Definitions.As used in §§ 15-24-5 to 15-24-12, inclusive, the following terms mean:
DATED at Pierre, South Dakota, this 20th day of February, 2014.
SCR 14-02
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-20-1 RULE 14-02
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of SDCL 16-20-1, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 16-20-1 be and it is hereby amended to read in its entirety as follows:
16-20-1. Definitions.As used in these rules, the following terms mean:
DATED at Pierre, South Dakota, this 20th day of February, 2014.
SCR 14-03
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-28(c) RULE 14-03
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of SDCL 15-6-28(c), and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 15-6-28(c) be and it is hereby amended to read in its entirety as follows:
15-6-28(c). Disqualification to take deposition for interest.No deposition shall be taken before
a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or
employee of such attorney or counsel, or is financially interested in the action.
services on any list of preferred providers of court reporting services that is maintained
by any person, entity or firm that has entered into an oral or written contractual agreement
for more than one case with any attorney, party to an action, insurance company,
third-party administrator, or any other person or entity that has a financial interest in the
case;
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.
SCR 14-04
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-6 RULE 14-04
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of SDCL 16-16-6, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 16-16-6 be and it is hereby amended to read in its entirety as follows:
16-16-6. Examination required of applicants to practice law--Educational requirements.All
applicants for admission, except those applying pursuant to SDCL §§ 16-16-7.6 and SDCL, 16-16-12.1, 16-16-12.3, or 16-16-12.4 shall be required to pass satisfactorily an examination conducted by
the board of bar examiners Board of Bar Examiners. An applicant for permission to take an
examination, in addition to the general qualifications prescribed in § 16-16-2, must furnish
satisfactory evidence that he graduated from a law school accredited by the American Bar
Association with a J.D. or LL.B. degree or that he will so graduate prior to the examination, or that
he has successfully completed all of the requirements for graduation prior to the examination.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.
SCR 14-05
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-7.3 RULE 14-05
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of SDCL 16-16-7.3, and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-16-7.3 be and it is hereby amended to read in its entirety as follows:
16-16-7.3. Order of admission--Duration.If the Supreme Court shall find that the applicant is of
good moral character and otherwise qualified to practice law, the Court may make an order of
admission to be effective upon the filing of the oath of attorney in the office of the clerk.
of the termination of employment of such attorney admitted to practice pursuant to this section.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.
SCR 14-06
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-10 RULE 14-06
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of SDCL 16-16-10, and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-16-10 be and it is hereby amended to read in its entirety as follows:
16-16-10. Subjects covered by examination--Public notice.The subjects upon which applicants
shall be examined shall be such as the Board of Bar Examiners deems necessary to prepare properly
for the practice of law in this state, including the subject of legal ethics and Indian Law. The board
shall make public such subjects, giving full and ample public notice of any change or addition
thereto and written notice to the dean of the law school, University of South Dakota.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.
SCR 14-07
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-11 RULE 14-07
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of SDCL 16-16-11, and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-16-11 be and it is hereby amended to read in its entirety as follows:
16-16-11. Re-examination after three failures prohibited.An applicant who fails three times to
pass the bar examination in any jurisdiction or combination of jurisdictions, may not be permitted
to take another examination in South Dakota except by permission of the Supreme Court upon a
showing that the reasons for previous failures no longer exist and there is a reasonable likelihood the
applicant will pass the examination if allowed to take it.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.
SCR 14-08
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-13 RULE 14-08
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment of SDCL 16-16-13, and the Court having considered the proposed amendment thereto and being fully advised in the premises, now, therefore, it is
16-16-13. Fees payable with application for admission--Disposition of fees.An applicant for an
admission on examination shall pay a fee of three hundred dollars, and a fee of one hundred
seventy-five dollars for subsequent examinations. An applicant for admission without examination
shall pay a fee of four hundred fifty dollars. An applicant shall also pay the National Conference of
Bar Examiners the applicable fee for preparation of an initial or supplemental character report. If an
applicant fails to appear for the examination, the fee paid shall only be applied to the next scheduled
combined Multistate Essay Examination, which includes an Indian Law question and Multistate
Performance Test, and/or to the Multistate Bar Examination. The fees thus paid to the secretary shall
be retained in a special fund and shall be paid out by the state court administrator when authorized
by the secretary for the compensation and necessary expenses of the board of bar examiners Board
of Bar Examiners.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.
SCR 14-09
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
REVIEW OF CONDITIONAL ADMISSION
TO BE DESIGNATED AT SDCL 16-16-17.5 RULE 14-09
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the adoption of a
new rule relating to review of conditional admission to be designated at SDCL 16-16-17.5, and the
Court having considered the proposed adoption and being fully advised in the premises, now,
therefore, it is
ORDERED that the adoption of a new rule relating to review of conditional admission to be
designated at SDCL 16-16-17.5 be and it is hereby adopted to read in its entirety as follows:
16-16-17.5. Review of conditional admission.The Board of Bar Examiners shall review each
conditional admission no later than the date specified in the Supreme Court's order granting
conditional admission. The Board shall recommend to the Supreme Court that:
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.
SCR 14-10
SUPREME COURT RULES AND ORDERS
IN THE MATTER OF THE AMENDMENTS
OF THE APPENDIX TO SDCL CH. 16-16
RELATING TO THE BOARD OF BAR
EXAMINER REGULATIONS RULE 14-10
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the amendment
of Board of Bar Examiner Regulations, and the Court having considered the proposed adoption and
being fully advised in the premises, now, therefore, it is
ORDERED that Board of Bar Examiner Regulations be and they are hereby adopted to read in
their entirety as follows:
1. Application for Admission to Practice Law
and a recent photograph of the applicant, and DCI and FBI fingerprint cards.
1.1. Application for Admission Without Examination
2. Application Forms and Payment of Fees
3. Bar Examination Subjects.
Constitutional Law | Contracts |
Criminal Law and Procedure | Evidence |
Real Property | Torts |
Civil Procedure (effective February 2015 bar exam) |
4. Passing Score
(A) The combined MPT, MEE, and Indian law portions;
(B) The MBE; and
(C) The MPRE.
5. Acceptance of Multistate Bar Examination Results from Other States
7. Law Student Registration
8. Places and Dates of Examinations
9. 8. Appeal
9.1. 8.1 Procedure
NOTE: Applications for admission to practice law may be obtained from the Secretary, State
Board of Bar Examiners, 500 East Capitol Avenue, State Capitol, Pierre, South Dakota 57501.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.