Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\001.wpd

STATE AFFAIRS AND GOVERNMENT

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\001.wpd

End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\001.wpd

CHAPTER 1

(SJR 1)

Formal application to Congress to lawfully recognize the ratification
of the 26th amendment of the United States Constitution.


        A JOINT RESOLUTION, Making formal application to Congress to lawfully recognize the ratification of the 26th amendment of the United States Constitution, which ensures the right to vote to all citizens over the age of eighteen.

    WHEREAS, on March 10, 1971, the Senate voted 94-0 in favor of proposing a Constitutional amendment to guarantee that the voting age could not be higher than eighteen; and

    WHEREAS, on March 23, 1971, the House of Representatives voted 401-19 in favor of the proposed Constitutional amendment; and

    WHEREAS, forty-two of the fifty states have ratified the 26th amendment to the United States Constitution; and

    WHEREAS, both Houses of the Ninety-Second Congress of the United States of America by a constitutional majority of two-thirds of each House thereof, made the following proposal to amend the Constitution of the United States of America as follows:

    Proposing an amendment to the Constitution of the United States extending the right to vote to citizens eighteen years of age or older.

    Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress:

"ARTICLE . . . .

    Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

    Section 2. The Congress shall have power to enforce this article by appropriate legislation."

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Ninth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the 26th Amendment of the United States is hereby ratified by the Legislature of the State of South Dakota; and

    BE IT FURTHER RESOLVED, that certified copies of this Joint Resolution be forwarded by the Secretary of State, to the Secretary of State of the United States, to the presiding officers of both Houses of the Congress of the United States, and to the Archivist of the United States.

     Filed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\001.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\002.wpd
CHAPTER 2

(HJR 1001)

Submitting to the electors at the next general election an amendment
relating to the authorization of roulette, keno, and craps in Deadwood.


        A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 25 of the Constitution of the State of South Dakota, relating to the authorization of roulette, keno, and craps in the City of Deadwood.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH DAKOTA, THE SENATE CONCURRING THEREIN:

    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.

     Filed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\002.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\003.wpd
CHAPTER 3

(HB 1184)

American Cowboy Day declared.


        ENTITLED, An Act to declare the fourth Saturday in July Day of the American Cowboy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 1-5 be amended by adding thereto a NEW SECTION to read as follows:

    The fourth Saturday of July shall be known as Day of the American Cowboy. Day of the American Cowboy is dedicated to the protection, preservation, and promotion of the cowboy and Western heritage of the State of South Dakota, and honoring cowboys and cowgirls for their enduring contribution to the courageous, pioneering spirit of America. In keeping with the hard-riding work ethic of cowboys, the Day of the American Cowboy is a working holiday.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\003.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\004.wpd
CHAPTER 4

(HB 1192)

Black Hills Mining Museum in Lead
is the official mining museum of South Dakota.


        ENTITLED, An Act to designate the Black Hills Mining Museum in Lead as the official mining museum of South Dakota.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 1-6 be amended by adding thereto a NEW SECTION to read as follows:

    The Black Hills Mining Museum in Lead is hereby designated as the official mining museum of South Dakota. No state funds may be provided for the operation or maintenance of the museum.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\004.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\005.wpd
CHAPTER 5

(HB 1009)

Commemorative medallion fund repealed.


        ENTITLED, An Act to repeal the creation of the commemorative medallion fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-6-23 be repealed.

     Signed February 18, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\005.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\006.wpd
CHAPTER 6

(SB 21)

Fees for the 24/7 sobriety program changed.


        ENTITLED, An Act to revise certain provisions regarding the collection and setting of 24/7 sobriety program fees and regarding the monitoring of ignition interlock testing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any daily user fee collected in the administration of twice a day testing, drug patch testing, or urinalysis testing under the 24/7 sobriety program shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county, the proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services and ensuring compliance;

            (2)    Any installation and deactivation fee collected in the administration of electronic alcohol monitoring device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county, the proceeds of which shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

            (3)    Any daily user fee collected in the administration of electronic alcohol monitoring device testing, arising from a court ordered placement in the 24/7 sobriety program, shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18. A participant shall pay all electronic alcohol monitoring device testing user fees to the clerk of courts in the county where the participant is enrolled in the program if the test is ordered by a court. If the test is directed by the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, the fees shall be paid to the directing entity collected and deposited as provided in the written directive;

            (4)    The Department of Corrections or the Unified Judicial System may collect an installation fee and a deactivation fee in their administration of electronic alcohol monitoring device testing. These fees shall be deposited into the state general fund;

            (5)    Any enrollment and monitoring fee collected in the administration of ignition interlock device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county, the proceeds of which shall be

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

            (6)    Any participation fee collected in the administration of testing under the 24/7 sobriety program to cover program administration costs incurred by the Office of Attorney General shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18.

    Section 2. That § 1-11-26 be amended to read as follows:

    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.

    In addition, the participant shall pay an installation fee and a deactivation fee, each in the amount of thirty to not more than fifty dollars, inclusive.

    The participant is also financially responsible for the actual replacement cost for loss or breakage of the electronic alcohol monitoring device and all associated equipment provided to the participant that is necessary to conduct electronic alcohol monitoring device testing.

    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.

    In addition, the participant shall pay an enrollment fee in the amount of thirty to not more than fifty dollars, inclusive, at the time of enrollment and monitoring fees in the amount of ten to not more than twenty dollars, inclusive, at intervals to be set by the attorney general.

    The participant is also financially responsible for the actual replacement cost for loss or breakage of the ignition interlock device and all associated equipment provided to the participant that is necessary to conduct ignition interlock device testing.

    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 8. That ARSD 2:06:03:07 be repealed.

    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:

    2:06:02:02.02. Periodic ignition interlock inspection. The participant shall bring the motor vehicle with the installed ignition interlock device to the vendor for calibration testing and inspection in accordance with the manufacturer's directions. The participant shall bring the motor vehicle with the installed ignition interlock device and vendor inspection documentation to the participating agency for inspection every 60 30 days, and for calibration testing every 120 days, or when directed by the participating agency.

    Section 11. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as follows:

    All fees collected for deposit in the state 24/7 sobriety fund created by § 1-11-18 shall be remitted on at least a quarterly basis.

    Section 12. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as follows:

    A sheriff, entity designated by a sheriff, or a directing entity may, in addition to any other authorized sanction, remove a participant from electronic alcohol monitoring device testing and ignition interlock device testing and place the participant on twice-a-day testing if the participant fails to pay the required fees and costs for those testing devices.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\006.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\007.wpd
CHAPTER 7

(HB 1213)

Tribal economic development and loan program.


        ENTITLED, An Act to analyze and promote economic development for South Dakota's Native American population and to establish a task force.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.


    Section 2. That § 1-16G-51 be amended to read as follows:

    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:

            (1)    For each of the nine Indian tribes located in South Dakota that chooses to participate in the task force, the chairman or president of the tribe or a person designated by the tribal chairman or tribal president to represent the participating tribe;

            (2)    The secretary of the Department of Tribal Relations;

            (3)    Two current or former members of the House of Representatives who have served as members of the State-Tribal Relations Committee to be appointed by the speaker of the House of Representatives;

            (4)    Two current or former members of the Senate who have served as members of the State-Tribal Relations Committee to be appointed by the president pro tempore of the Senate; and

            (5)    Five persons appointed by the Executive Board of the Legislative Research Council.

    If a vacancy on the task force occurs, the vacancy shall be filled in the same manner as the original appointment.

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\007.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\008.wpd
CHAPTER 8

(HB 1101)

The board of directors
of the Science and Technology Authority membership changed.


        ENTITLED, An Act to revise certain provisions regarding the board of directors of the Science and Technology Authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\008.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\009.wpd
CHAPTER 9

(SB 119)

South Dakota Board on Geographic Names, authority changed.


        ENTITLED, An Act to update and revise the statutes relating to the South Dakota Board on Geographic Names.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 1-19C-1 be amended to read as follows:

    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  
Stanley   Negro Edge Canyon   Ballard Canyon  
Ziebach   Squaw Teat Butte   Peaked Butte  
  Squaw Teat Creek   East Rattlesnake Creek  

    Section 7. That § 1-19C-6 be repealed.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\009.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\010.wpd
CHAPTER 10

(HB 1035)

Executive branch intern program.


        ENTITLED, An Act to provide certain provisions relating to the executive branch internship program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\010.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\011.wpd
CHAPTER 11

(SB 168)

Background checks for employees
in the Office of Economic Development.


        ENTITLED, An Act to authorize criminal background checks for certain officers and employees of the Governor's Office of Economic Development.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1.  That chapter 1-16G be amended by adding thereto a NEW SECTION to read as follows:

    Each person hired as an employee at the Governor's Office of Economic Development, whose primary duties include access to financial account numbers of financial assistance applicants or who have the authority to authorize grants, loans, or other financial assistance shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Governor's Office of Economic Development shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The Governor's Office of Economic Development may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check. For the purposes of this section, the term, employee, includes the commissioner and deputy commissioner. The term, employee, does not include members of any boards or authorities for which the Governor's Office of Economic Development provides administrative support.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\011.wpd

LEGISLATURE AND STATUTES

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\012.wpd
CHAPTER 12

(SB 124)

Reimbursement relating to legislators-elect
and newly appointed legislators.


        ENTITLED, An Act to revise certain reimbursement provisions 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).

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\012.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\013.wpd
CHAPTER 13

(SB 154)

Task force to study the impact of sexual abuse of children.


        ENTITLED, An Act to establish the Jolene's Law Task Force to study the impact of sexual abuse of children in this state and to make recommendations to the Legislature on policies to effectively address the issue.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:

    There is hereby created the Jolene's Law Task Force to study the impact of sexual abuse of children in this state and to make recommendations to the Legislature on policies to effectively address the issue. The task force shall consist of the following fifteen members:

            (1)    The President Pro Tempore of the Senate shall appoint two members of the Senate;

            (2)    The Speaker of the House of Representatives shall appoint two members of the House of Representatives;

            (3)    The President Pro Tempore of the Senate shall appoint the following four members:

            (a)    A child abuse pediatrician whose experience and clinical practice is associated with a child advocacy center in the state;

            (b)    A representative associated with a non-profit organization that provides training and education aimed at the prevention of sexual abuse of children;

            (c)    A representative from a child advocacy center in the state with experience serving children who have been subjected to sexual abuse;

    (d)    A person who was a victim of sexual abuse as a child;

            (4)    The Speaker of the House shall appoint the following four members:

            (a)    A representative from a tribal organization in this state with experience and training in the area of sexual abuse of children;


            (b)    A representative of a law enforcement organization in the state with direct experience working with child sexual abuse investigations;

            (c)    A victim's advocate who works directly with child victims of sexual abuse; and

            (d)    A mental health professional with experience and training using trauma focused cognitive behavioral therapy in the area of child sexual abuse;

            (5)    A representative from the Department of Social Services;

            (6)    A representative from the Department of Health;

            (7)    A representative from the Department of Education.

    Section 2. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:

    The initial appointments shall be made no later than July 1, 2014, and shall serve until January 1, 2015, which shall be the end date for the task force. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.

    Section 3. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:

    The task force shall study the impact of sexual abuse of children in the state and make a report to the Legislature on the prevalence of sexual abuse of children in the state and make policy recommendations to address the following areas:

            (1)    Methods to increase awareness of issues regarding sexual abuse of children, including warning signs that may indicate that a child is the victim of sexual abuse and the actions and language a child may use to express that they are a victim of sexual abuse;

            (2)    The actions that a child who is the victim of sexual abuse could take to obtain assistance and intervention;

            (3)    How to best provide support and assistance to children who are victims of sexual abuse;

            (4)    Policies to encourage adults to take responsibility for the protection of children from sexual abuse and to respond appropriately when sexual abuse of a child is suspected;

            (5)    Collaboration of public and private organizations to assist in the recognition and prevention of sexual abuse of children, using research and evidence based practice; and

            (6)    Any other recommendation the task force deems appropriate in addressing this issue.

    Section 4. Jolene's Law 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, not to exceed twenty-one thousand dollars.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\013.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\014.wpd
CHAPTER 14

(SB 1)

Executive Board governance of the Legislative Research Council.


        ENTITLED, An Act to provide for the selection of the chair and vice chair of the Executive Board of the Legislative Research Council, to revise the membership of the Executive Board, to provide for the term of each constituted Executive Board, to provide for the year-round governance of the Legislative Research Council by the Executive Board, and to provide for continuity of board membership.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    The term of each Executive Board is from sine die in the odd-numbered year until sine die in the next succeeding odd-numbered year. During the entire period of each Executive Board's term, it is the governance body of the Legislative Research Council and shall direct and supervise its staff and activities.

    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.



    Section 5. That chapter 2-9 be amended by adding thereto a NEW SECTION to read as follows:

    The party makeup of the Executive Board members of the House of Representatives, including the ex officio members, shall be proportional to the party makeup of the House of Representatives as a whole. The party makeup of the Executive Board members of the Senate, including the ex officio members, shall be proportional to the party makeup of the Senate as a whole.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\014.wpd


Start Included file "Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\015.wpd
CHAPTER 15

(SB 71)

Contract term modified for the publication of the codified laws.


        ENTITLED, An Act to allow the contract for the publication of the codified laws to be extended for more than one year.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 10, 2014
_______________
End Included file "Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\015.wpd


Start Included file $Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\016.wpd
CHAPTER 16

(SB 70)

Codify legislation enacted in 2013.


        ENTITLED, An Act to codify legislation enacted in 2013.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:


            (1)    The 2004 revision of volume 1;

            (2)    The 2012 revision of volume 2;

            (3)    The 2004 2013 revision of volume 3;

            (4)    The 2004 revision of volume 4;

            (5)    The 2004 revision of volume 5;

            (6)    The 2004 revision of volume 6;

            (7)    The 2010 revision of volume 7;

            (8)    The 2004 revision of volume 8;

            (9)    The 2004 revision of volume 9;

            (10)    The 2004 revision of volume 10;

            (11)    The 2004 revision of volume 11;

            (12)    The 2004 revision of volume 12;

            (13)    The 2004 revision of volume 13;

            (14)    The 2006 revision of volume 14;

            (15)    The 2004 revision of volume 15;

            (16)    The 2004 2013 revision of volume 16;

            (17)    The 2004 revision of volume 17;

            (18)    The 2004 revision of volume 18;

            (19)    The 2011 revision of volume 19;

            (20)    The 2011 revision of volume 19A;

            (21)    The 2011 revision of volume 20;

            (22)    The 2004 2013 revision of volume 21;

            (23)    The 2004 revision of volume 22;

            (24)    The 2004 revision of volume 23;

            (25)    The 2004 revision of volume 24;

            (26)    The 2004 revision of volume 25;

            (27)    The 2004 revision of volume 26;

            (28)    The 2007 revision of volume 27;

            (29)    The 2004 revision of volume 28;

            (30)    The 2004 revision of volume 29;

            (31)    The 2012 revision of volume 30;

            (32)    The 2012 revision of volume 31;

            (33)    The 2004 revision of volume 32;

            (34)    The 2004 revision of volume 33;

            (35)    The 2009 revision of volume 34;

            (36)    The 2004 revision of the Parallel Tables volume;

            (37)    The December 2012 2013 Interim Annotation Service of the South Dakota Codified Laws beginning with Title 1, chapter 1-1 and ending with Title 62, chapter 62-9; and

            (38)    The 2012 2013 cumulative annual pocket parts and supplementary pamphlet.

    Section 2. That § 2-16-15 be amended to read as follows:

    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.

    The enactment of the code:

            (1)    Does not affect the validity of any transaction;

            (2)    Does not impair the curative or legalizing effect of any statute; and

            (3)    Does not release or extinguish any penalty, confiscation, forfeiture, or liability; which accrued, occurred, or took effect prior to the time the code took effect.

    Section 3. That § 2-16-16 be amended to read as follows:

    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.

     Signed March 10, 2014
_______________
End Included file $Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\016.wpd


PUBLIC OFFICERS AND EMPLOYEES

_______________


Start Included file &Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\017.wpd
CHAPTER 17

(SB 79)

Obsolete provision regarding the federal census repealed.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the federal census.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 3-8-7 be repealed.

     Signed February 27, 2014
_______________
End Included file &Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\017.wpd


Start Included file (Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\018.wpd
CHAPTER 18

(SB 41)

Correctional staff defined for the state's retirement system.


        ENTITLED, An Act to revise the definition of penitentiary correctional staff for purposes of administering the South Dakota Retirement System.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That subdivision (53) of § 3-12-47 be amended to read as follows:

            (53)    "Penitentiary correctional staff," the warden, deputy warden, guards, correctional supervisors, correctional officers and their immediate supervisors of the South Dakota state penitentiary and any other classification of penitentiary employees approved by the board of trustees and any other correctional staff holding a security position as determined by the Department of Corrections and approved by the Bureau of Human Resources and the Bureau of Finance and Management. For purposes of administration of this chapter final determination of penitentiary correctional staff as Class B members shall be made by the board of trustees based on the recommendation of the Department of Corrections, Bureau of Human Resources, and the Bureau of Finance and Management;

    Section 2. That ARSD 62:01:02:03 be repealed.

     Signed March 12, 2014
_______________
End Included file (Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\018.wpd



Start Included file *Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\019.wpd
CHAPTER 19

(SB 40)

Surviving spouse in the South Dakota Retirement System
may elect a reduced benefit before age 65.


        ENTITLED, An Act to allow a surviving spouse of a member of the South Dakota Retirement System to elect a reduced benefit prior to age sixty-five under certain circumstances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    A member's spouse who would be eligible to receive a surviving spouse benefit at age sixty-five may elect to start the benefit prior to age sixty-five but no earlier than the date on which the surviving spouse attains the age of fifty-five. The early surviving spouse benefit, payable for the life of the surviving spouse, is the surviving spouse benefit reduced by five percent for each full year and prorated for each additional full month between the date the early surviving spouse benefit commences and the date the surviving spouse attains the age of sixty-five.

    Section 2. The provisions of this Act are effective July 1, 2015.

     Signed March 12, 2014
_______________
End Included file *Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\019.wpd


Start Included file ,Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\020.wpd
CHAPTER 20

(SB 43)

Disability benefits for members of the state's retirement system revised.


        ENTITLED, An Act to revise the calculation of disability benefits and certain benefits payable upon death of members of the South Dakota Retirement System.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    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 disability benefits if the disability is expected to be of long, continued, and indefinite duration of at least one year and the member is disabled on the date the member's contributory service ends. 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 after June 30, 2015.


    Section 2. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    Any member seeking disability benefits pursuant to section 1 of this Act shall submit an application to the administrator. 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.

    Any member, who fails to file an application for disability benefits with the administrator within three years after the date on which the member's contributory service ends, forfeits all rights to disability benefits.

    Section 3. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    No application for disability benefits pursuant to section 1 of this Act may be determined until the member's 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 in the member's current position or employment in a comparable level position.

    Section 4. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    No application for disability benefits pursuant to section 1 of this Act may be determined until a health care provider has certified to the system that the employee has a disability.

    Section 5. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    Upon receipt of an application for disability benefits after June 30, 2015, along with statements from a health care provider and the member's employer, the administrator shall determine whether the member is eligible for disability benefits. The administrator may request the advice of the disability advisory committee with respect to any application. The recommendation of the disability advisory committee is not binding on the administrator. The disability advisory committee or the administrator may require an independent medical examination of the member to be conducted by a disinterested health care provider selected by the disability advisory committee or the administrator to evaluate the member's condition. The disability advisory committee or the administrator may require a functional capacity assessment of the member to be conducted by a licensed professional qualified to administer such assessments, and the assessment may be used to evaluate the member's qualification for benefits. Refusal to undergo an examination or assessment pursuant to this section is cause for denying the application.

    If the administrator determines that the member is not disabled, a notice of the administrator's determination and the reasons for the determination shall be sent, certified mail, to the member's last known address.

    Section 6. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    If the administrator determines that the member whose application was received pursuant to section 5 of this Act, meets the qualifications to receive disability benefits, a notice of the administrator's determination shall be sent, certified mail, to the member's last known address. A member whose application for disability benefits is approved shall receive the benefits beginning with the month following the date on which the member's contributory service terminates. If any member fails to terminate contributory service within one year after receiving notice that the member's application has been approved, the member's application approval expires.

    Section 7. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:



    The disability benefit approved pursuant to section 6 of this Act is the greater of the following calculations:

            (1)    Twenty-five percent of the member's final average compensation at the date of disability; or

            (2)    The member's unreduced accrued retirement benefit at the date of disability.

    The disability benefit shall be paid in monthly installments for the life of the member unless the benefit terminates pursuant to section 11 of this Act.

    For purposes of determining the eligibility of a surviving spouse benefit, the disability benefit is considered a retirement benefit when the member attains the age of sixty-five.

    Section 8. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    No member may receive credited service for the period during which the member receives disability benefits pursuant to section 7 of this Act.

    Section 9. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    If a member receiving disability benefits pursuant to section 7 of this Act becomes employed by a participating unit, the member and employer shall make active contributions pursuant to § 3-12-71 during the period of the employment. The contributions required of the member pursuant to § 3-12-71 shall be deposited by the member's employer with the system for the benefit of the member to be transferred to an account within the deferred compensation program established pursuant to chapter 3-13. The contributions shall be governed by § 457 of the Internal Revenue Code. Notwithstanding the provisions of § 3-12-71, the contributions required of the member's employer pursuant to § 3-12-71 shall be deposited into the member trust fund created by chapter 3-12, but without any association with or credit to the member.

    Section 10. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    A member's disability benefits pursuant to section 7 of this Act terminate if the member is no longer disabled, as certified by a health care provider. Upon receipt of certification the administrator shall determine whether the member meets the qualifications for disability benefits. In making this determination the administrator shall follow the same procedure used in making the initial determination of disability provided in section 5 of this Act. A member's disability benefits shall be suspended and subject to termination if the member refuses to undergo an examination or assessment requested by the disability advisory committee or the administrator. If the administrator finds that the member no longer meets the qualifications for disability benefits, the administrator shall notify the member of this finding by certified mail and the payment of disability benefits shall terminate thirty days after receipt of the notice. Such a finding by the administrator is subject to appeal and review as a contested case.

    Section 11. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    If a member's disability benefits pursuant to section 7 of this Act have terminated and the member returns to covered employment, the member and employer shall make contributions pursuant to § 3-12-71.

    Section 12. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:


    Upon retirement, a member who received disability benefits pursuant to section 7 of this Act and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service prior to receiving disability benefits and after receiving disability benefits. The final average compensation used in the calculation of the retirement benefit is the greater of:

            (1)    The member's final average compensation at the date of retirement; or

            (2)    The member's final average compensation at the date of disability, increased by the improvement factor from the date of the termination of disability benefits to the date of retirement.

    Section 13. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    Upon retirement, a member who received disability benefits pursuant to section 7 of this Act and whose benefits were terminated and who did not return to covered employment shall receive a retirement benefit based on the member's credited service prior to receiving disability benefits. The final average compensation used in the calculation of the retirement benefit shall be the final average compensation at the date of disability, increased by the improvement factor from the date of the termination of disability benefits to the date of retirement.

    Section 14. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    Upon the death of a member receiving disability benefits pursuant to section 7 of this Act, who dies prior to normal retirement age, a family benefit shall be paid on behalf of any child of the member. The monthly amount of the family benefit is the amount of the monthly disability benefits the member received prior to death. The monthly family benefit shall be equally apportioned among any children of the member and shall be paid on behalf of any child to the conservator or custodian of the child, as applicable. However, if the child is eighteen years of age the benefit is payable directly to the child. As any child becomes ineligible pursuant to subdivision 3-12-47(14), the family benefit shall be reallocated among any remaining children of the deceased member. The family benefit terminates if there are no children of the deceased member pursuant to subdivision 3-12-47(14).

    Section 15. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    If no family benefit is being paid pursuant to section 14 of this Act, a surviving spouse of a member who received disability benefits pursuant to section 7 of this Act shall, upon attaining the age of sixty-five, receive a monthly benefit, payable for the life of the surviving spouse, equal to one of the following calculations, whichever is applicable:

            (1)    If there was a family benefit paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the improvement factor from the date the last family benefit was paid; or

            (2)    If there was no family benefit paid, sixty percent of the deceased member's disability benefit paid at the time of the member's death, increased by the improvement factor from the date of the member's death.

    Section 16. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    If a member dies after normal retirement age while receiving benefits pursuant to section 7 of

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:

    On the death of a contributing member after June 30, 2015, 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), or who died while performing usual duties for an employer, and prior to the earlier of the member attaining normal retirement age or the member's retirement, a family benefit shall be paid on behalf of any child of such member. The total family benefit is the greater of:

            (1)    Twenty-five percent of the member's final average compensation at the time of death; or

            (2)    The member's unreduced accrued retirement benefit at the time of death.

    The family benefit, which shall be paid in monthly installments, shall be equally apportioned among any children of the member and shall be paid on behalf of any child to the conservator or custodian of the child, as applicable. However, if the child is eighteen years of age the benefit is payable directly to the child. As any child becomes ineligible pursuant to subdivision 3-12-47(14), the family benefit shall be reallocated among any remaining children of the deceased member. The family benefit terminates if there are no children of the deceased member pursuant to subdivision 3-12-47(14).

    Section 18. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    If no family benefit is being paid pursuant to section 17 of this Act, a surviving spouse of a contributing member who died after June 30, 2015, shall, upon attaining the age sixty-five, receive a surviving spouse benefit calculated as follows, whichever is applicable:

            (1)    If a family benefit had been paid, sixty percent of the family benefit paid at the time the family benefit ended, increased by the improvement factor from the date the last family benefit was paid; or

            (2)    If a family benefit had not been paid, sixty percent of the amount calculated pursuant to subsection (a) or (b), whichever is greater, increased by the improvement factor from the date of the member's death:

            (a)    Twenty-five percent of the member's final average compensation at the time of the member's death; or

            (b)    The member's unreduced accrued retirement benefit at the time of the member's death.

    The surviving spouse benefit shall be paid in monthly installments for the life of the surviving spouse.

    Section 19. That subdivision (14) of § 3-12-47 be amended to read as follows:

            (14)    "Child," depending on the circumstances, as follows:

            (a)    For purposes of benefits pursuant to §§ 3-12-95 and 3-12-99 this chapter, an unmarried dependent child of the member, who has not passed the child's

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

            (b)    For purposes of beneficiary-type payments pursuant to §§ 3-12-110 and 3-12-116 this chapter, a person entitled to take as a child via intestate succession pursuant to the provisions of Title 29A;

    Section 20. That subdivision (26) of § 3-12-47 be amended to read as follows:

            (26)    "Disability" or "disabled," any medically determinable physical or mental impairment which that prevents a member from performing the member's usual duties for the member's employer or the duties of other employment as outlined in § 3-12-141, and, even with accommodations, or performing the duties of a comparable level position for the member's employer. The term excludes any condition resulting from willful, self-inflicted injury;

    Section 21. That § 3-12-47 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    "Health care provider," a physician or other health care practitioner licensed, registered, certified, or otherwise authorized by law to provide specified health services;

    Section 22. That subdivision (65) of § 3-12-47 be amended to read as follows:

            (65)    "Spouse," a person who was married to the member at the time of the death of the member and whose marriage was both more than twelve months prior to the death of the member and prior to his the member's retirement;

    Section 23. That § 3-12-95 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:

            (1)    A surviving spouse having the care of children shall receive an annual amount, payable in monthly installments, equal to forty percent of the member's final average compensation, plus ten percent of such final average compensation for each child to a maximum of six such children;

            (2)    The conservator or custodian of each child, on whose account there is no benefit payable under subdivision (1), shall receive on behalf of each child, to a maximum of five such children, an annual amount, payable in monthly installments, equal to twenty percent of the member's final average compensation;

            (3)    If the sum of benefits payable under subdivisions (1) and (2) exceeds one hundred percent of the member's final average compensation, the benefits payable under both subdivisions (1) and (2) shall be proportionally reduced so that the total of the benefits is equal to one

hundred percent of the member's final average compensation;

            (4)    If there are no benefits being paid under subdivision (1) and the member's accumulated contributions have not been withdrawn pursuant to § 3-12-97, the spouse who has reached age sixty-five shall receive a monthly payment equal to sixty percent of the amount which would have been payable to the deceased member at normal retirement age based on the member's credited and projected service and projected compensation. The benefit payable under this subdivision shall be increased by application of the improvement factor commencing each July first for each complete twelve-month period between the date the member would have reached normal retirement age and the date benefits commence to the spouse.

    Family benefits begin to accrue on the first day of the month following the death of the member.

    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.

    Starting with the thirty-seventh month, if the member is eligible for and receiving disability benefits from social security, the disability allowance benefit from the system is equal to the greater of the amount paid during the first thirty-six months less the amount of primary social security or the amount of the member's unreduced accrued retirement allowance benefit as of the date of disability. If the member's unreduced accrued retirement allowance benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. In no event may the annual amount of a disability allowance benefit be less than twenty percent of the compensation on which the initial disability allowance benefit was based.

    Starting with the thirty-seventh month, if the member is not eligible for and receiving disability benefits from social security, the disability allowance benefit from the system is equal to the greater of twenty percent of the compensation on which the initial disability allowance benefit was based or the amount of the member's unreduced accrued retirement allowance benefit as of the date of disability. If the member's unreduced accrued retirement allowance benefit is the greater, it is immediately payable by the system notwithstanding any other provisions to the contrary. The disability allowance benefit shall be paid only in the form of monthly installments. 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 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.

    However, any disability allowance benefit effective prior to July 1, 1994, and payable on or after that date may not be reduced by any benefit payable on account of a veteran's disability or from any insured or self-insured short-term disability plan sponsored by an employer and paid for by the employee or paid for under a salary reduction plan. Further, any disability allowance benefit effective prior to July 1, 1994, and payable on or after July 1, 1995, may not be reduced by any benefit payable on account of a federal military retirement or a federal national guard retirement. 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 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:

            (1)    The member no longer is disabled;

            (2)    The member no longer is subject to the medical condition that caused the disability;

            (3)    The member refuses to undergo a medical examination requested by the system for the purpose of reviewing the medical condition that caused the disability;

            (4)    The member returns to continuous employment in the position the member held prior to

becoming disabled; or

            (5)    The member returns to continuous employment in a position of comparable level to the position the member held prior to becoming disabled.

    However, a member's disability allowance benefit shall terminate immediately if the member's disability allowance benefit is converted to a service retirement allowance benefit pursuant to § 3-12-103.

    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.

    Amounts payable under this section shall be paid as follows:

            (1)    To the beneficiary or entity designated by the member, if any is designated; or

            (2)    If no beneficiary or entity is designated, then to the member's surviving spouse; or

            (3)    If no beneficiary or entity is designated and there is no surviving spouse, then to all surviving children, irrespective of age, on a share alike basis; or

            (4)    If no beneficiary or entity is designated, there is no surviving spouse, and there are no surviving children, then to the member's estate.

    If no claim for payment due upon the death of a deceased member is made within three years from date of death, the payment shall revert to the system. However, a claim may be honored after the expiration of the three-year reversion period if, in the opinion of the administrator, payment of the claim is warranted by exceptional circumstances.

    This section does not apply to any member who withdraws accumulated contributions pursuant to § 3-12-76, 3-12-76.1, or 3-12-77 after termination of employment, or to any nonvested member who dies after termination of employment.

    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.

    Any member eligible to receive a disability allowance benefit shall report to the system in writing any earned income of the member. The report shall be filed with the system no later than May thirty-first following the end of each calendar year in which a disability allowance benefit is paid. A disabled member may file a signed copy of the member's individual income tax return in lieu of the report. No report or return need be filed for the calendar year in which the member dies or converts to a normal or early retirement benefit under this chapter. The disability allowance benefit of any member failing to file a report or return as required in this section shall be suspended until the report or return is filed. The reduction may occur, however, only if a disability allowance benefit is being paid by the system, but may not reduce the disability allowance benefit below the minimum provided for in § 3-12-99. For members with a disability in effect before July 1, 1995, the first report is due on or before May 31, 1996.

    This section applies to any member receiving or entitled to receive a disability allowance benefit pursuant to this chapter § 3-12-98.

    Section 34. That ARSD 62:01:02:06 be amended to read as follows:

    62:01:02:06. Refund of active contributions made during period of disability -- Granted credited service. If a disabled member receiving credited service pursuant to SDCL 3-12-103 and § 62:01:04:05.01 becomes employed by a member employer unit, the member and employer shall make active contributions during the period of such employment pursuant to SDCL 3-12-71. Upon the member's conversion of disabled status to retired status, upon the member's termination of disabled status or upon the member's termination of employment, whichever occurs first, the member may request a refund of the member's accumulated contributions made during that period when the member also was receiving credited service due to the 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 35. That ARSD chapter 62:01:04 be amended by adding thereto a NEW SECTION to read as follows:

    62:01:04:00. Application of chapter. The provisions of this chapter apply to any member whose application for disability benefits was received by the system prior to July 1, 2015.

    Section 36. That ARSD 62:01:04:02 be amended to read as follows:

    62:01:04:02. Disability -- Beginning of benefits. A member whose application for a disability allowance benefit is approved shall receive the allowance benefit beginning on the first day of the month following the date on which the member's contributory service terminates. If any member fails to terminate contributory service within one year after receiving notice that the member's application has been approved, the member's application approval expires.

     Signed March 12, 2014
_______________
End Included file ,Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\020.wpd


Start Included file .Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\021.wpd
CHAPTER 21

(SB 152)

The cement plant retirement plan revised.


        ENTITLED, An Act to make an appropriation to provide full funding of the cement plant retirement plan, to consolidate the cement plant retirement plan with the South Dakota Retirement System, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    On April 1, 2014, all members of the cement plant retirement plan, including any retiree and any vested member, become Class C members of the system. The administration of retirement benefits for Class C members shall continue with the system.

    Section 4. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    Each Class C member shall receive the same benefit as provided pursuant to the member's respective cement plant retirement plan as in effect on June 30, 2013. The benefits of any Class C member and the member's beneficiaries shall be paid from the fund established by this chapter and funded pursuant to sections 1 and 2 of this Act.

    Section 5. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    Any amount transferred to the system from the cement plant retirement fund pursuant to section 2 of this Act, which under the cement plant retirement plan were credited to the accounts of individual members, are considered member contributions.

    Section 6. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding the provisions of § 3-12-61, any benefit payments and any operational expenses related to Class C members shall be paid from the fund established by this chapter.

    Section 7. That chapter 3-12 be amended by adding thereto a NEW SECTION to read as follows:

    The board may, pursuant to chapter 1-26, adopt rules to establish uniform procedures for the administration of the retirement benefits of Class C members.

    Section 8. That § 3-12-47 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    "Class C credited service," service credited as a Class C member of the system;

    Section 9. That § 3-12-47 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    "Class C member," any member of the cement plant retirement plan including any retiree or any vested member;

    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.

     Signed March 10, 2014
_______________
End Included file .Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\021.wpd


Start Included file 0Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\022.wpd
CHAPTER 22

(SB 42)

Cement plant retiree may select a lump sum payment.


        ENTITLED, An Act to authorize certain former state cement plant employees and surviving spouses to elect a lump sum trustee-to-trustee payment in lieu of monthly benefit payments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The member has not received any monthly benefits; and

            (2)    The member directs a trustee-to-trustee transfer of the lump sum payment to a receiving retirement custodian, trustee, or other approved recipient.

    Any eligible member who desires to make the election authorized by this section shall submit an application to the system.

    Section 2. Upon the death of a vested member of the state cement plant retirement plan who died prior to starting a monthly retirement benefit, the member's surviving spouse may elect a lump sum trustee-to-trustee payment in lieu of monthly surviving spouse 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, as defined by the cement plant retirement plan, of the spouse's age sixty-five survivor benefit. However, no lump sum trustee-to-trustee payment may be made unless the following requirements are satisfied:

            (1)    Neither the member nor the member's family nor the member's spouse received any monthly benefits from the plan; and

            (2)    The surviving spouse directs a trustee-to-trustee transfer of the lump sum payment to a receiving retirement custodian, trustee, or other approved recipient.

    Any eligible surviving spouse who desires to make the election authorized by this section shall submit an application to the system.

     Signed March 12, 2014
_______________
End Included file 0Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\022.wpd

PUBLIC FISCAL ADMINISTRATION

_______________


Start Included file 2Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\023.wpd
CHAPTER 23

(SB 187)

The General Appropriation Act for fiscal year 2015.


        ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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  

    Section 29. The state treasurer shall transfer to the state general fund money from the following funds for the purposes herein indicated:



    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  

    Section 30. The state treasurer shall transfer to the state general fund money from the dakota cement trust fund, the amount identified by notice of the state investment officer pursuant to S.D. Const., Art. XIII, § 21, for the Department of Education - state aid to education.
    Section 31. The state treasurer shall transfer to the state general fund money from the health care trust fund, the amount identified by notice of the state investment officer pursuant to § 4-5-29.1, for the Department of Social Services - medical services.
    Section 32. The state treasurer shall transfer to the state general fund money from the education enhancement trust fund, the amount identified by notice of the state investment officer pursuant to § 4-5-29.2, for the Department of Education - state aid to education and technology in schools.
    Section 33. The state treasurer shall transfer to the state general fund all moneys available from the health care tobacco tax fund created by § 4-5-46, for the Department of Social Services - medical services.
    Section 34. The state treasurer shall transfer to the state general fund all moneys available from the education enhancement tobacco tax fund created by § 4-5-45, for the Department of Education - state aid to education and technology in schools.
    Section 35. The state treasurer shall transfer to the state general fund all moneys available from the tax relief fund created by § 10-45C-14.
    Section 36. All members of state boards, councils, commissions, and advisory bodies listed in this section, or created by law during the Eighty-ninth and Ninetieth Legislative Sessions, are entitled to reimbursement for allowable expenses as approved by the Board of Finance under the provisions

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  

     Signed March 26, 2014
_______________
End Included file 2Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\023.wpd


Start Included file 4Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\024.wpd
CHAPTER 24

(SB 157)

Appropriation to the building South Dakota fund.


        ENTITLED, An Act to make an appropriation to the building South Dakota fund and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 26, 2014
_______________
End Included file 4Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\024.wpd


Start Included file 6Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\025.wpd
CHAPTER 25

(SB 158)

Funding changed for the building South Dakota fund.


        ENTITLED, An Act to revise certain funding provisions of the building South Dakota fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    If the Board of Economic Development approves a new or expanded facility with project costs exceeding twenty million dollars to receive a reinvestment payment pursuant to the provisions of §§ 1-16G-56 to 1-16G-68, inclusive, the Department of Revenue shall deposit all of the contractor's excise tax imposed and paid pursuant to the provisions of chapter 10-46A or 10-46B on the project costs into the building South Dakota fund.

    The state treasurer shall transfer twenty-five percent of the unclaimed property deposited in the general fund pursuant to chapter 43-41B in state fiscal year 2015 into the building South Dakota fund. The state treasurer shall transfer fifty percent of the unclaimed property deposited in the general fund pursuant to chapter 43-41B in state fiscal year 2016 and each year thereafter into the building South Dakota fund.

    Notwithstanding the provisions of this section, no deposit or transfer to the building South Dakota fund may be made by the commissioner of the Bureau of Finance and Management if the projected ongoing revenues adopted by the Legislature for the prospective fiscal year are insufficient to accommodate:

            (1)    The statutory increases for state aid to K-12 general education, special education, and the technical institutes;

            (2)    Projected Title XIX and the Title XXI spending adjusted for increased provider payments, increased utilization, or enrollment growth, and as affected by any reduction in the Federal medical assistance percentage; and

            (3)    The state employee salary policy increase, commensurate with the K-12 inflationary increase, in addition to funds necessary to meet actuarially projected increases in health insurance costs.

    Section 2. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding the provisions of §§ 4-7-32 and 4-7-39, on July first of each fiscal year or at such time that the prior fiscal year general fund ending unobligated cash balance is determined, the commissioner of the Bureau of Finance and Management shall transfer all prior year unobligated cash as follows:

            (1)    If the combined cash balance is less than ten percent of the general fund appropriations from the general appropriations act for the prior year, an amount of unobligated cash shall be transferred to the budget reserve fund, so that the combined cash balance equals ten percent of the general appropriations from the general appropriations act for the prior year;

            (2)    If the combined cash balance is equal to or greater than ten percent of the general fund appropriations from the general appropriations act for the prior year, or there is additional unobligated cash after the provisions in subdivision (1) are satisfied, an amount of unobligated cash shall be transferred to the building South Dakota fund, so that the collective BSDF cash balance does not exceed one percent of the general fund appropriations in the general appropriations act for the previous fiscal year; and

            (3)    If the collective BSDF cash balance exceeds one percent of the general fund appropriations in the general appropriations act for the previous year, or if there is additional unobligated cash remaining after the transfers in subdivisions (1) and (2), the remaining unobligated cash shall be transferred to the budget reserve fund and property tax reduction fund pursuant to the provisions of §§ 4-7-32 and 4-7-39.

    Section 3. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

    If the collective BSDF cash balance is less than one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year, the commissioner shall transfer an amount of money from the property tax reduction fund to the building South Dakota fund so that the total of the amount deposited pursuant to this section and section 2 of this Act does not exceed one half percent of the general fund appropriations in the general appropriations act for the previous fiscal year. However, the combined cash balance may not be reduced to less than ten percent of the general fund appropriations from the general appropriations act for the prior year by any transfer made to the building South Dakota fund pursuant to this section.

    Section 4. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in sections 2 and 3 of this Act mean:

            (1)    "Collective BSDF cash balance," the total cash balance of the:

            (a)    Building South Dakota fund;

            (b)    Local infrastructure improvement grant fund;

            (c)    Economic development partnership fund;

            (d)    Workforce education fund;

            (e)    South Dakota housing opportunity fund; and

            (f)    Funds disbursed pursuant to the provisions of subdivision 1-16G-48(5);

            (2)    "Combined cash balance," the total cash balance of the:

            (a)    Budget reserve fund at the end of the prior fiscal year; and

            (b)    Property tax reduction fund at the end of the prior fiscal year.

     Signed March 28, 2014
_______________
End Included file 6Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\025.wpd


Start Included file 8Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\026.wpd
CHAPTER 26

(HB 1104)

Local government may require the payment
for goods and services by electronic transaction.


        ENTITLED, An Act to allow local governing bodies to require the payment for certain goods and services by electronic transaction.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 12, 2014
_______________
End Included file 8Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\026.wpd


Start Included file :Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\027.wpd
CHAPTER 27

(HB 1203)

Financial practices improved for the State of South Dakota.


        ENTITLED, An Act to improve the financial practices of the State of South Dakota.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 4-8 be amended by adding thereto a NEW SECTION to read as follows:

    The Bureau of Finance and Management and the Legislative Research Council shall prepare and submit, no later than the thirty-eighth legislative day of each legislative session, independent projections that conform with the provisions of subdivisions 4-7-10(2) and (5) to the Governor or the Governor's designee and the Joint Committee on Appropriations.

    If either of the estimates provided in this section project a budget shortfall in excess of two and one-half percent of the general fund appropriated budget in the current or next fiscal year, the Bureau of Finance and Management and the Legislative Research Council shall propose measures to the Governor and the Appropriations Committee of the Legislature for eliminating the shortfall.

    Section 2. That chapter 4-8A be amended by adding thereto a NEW SECTION to read as follows:

    The Bureau of Finance and Management and the Legislative Research Council shall prepare and submit, no later than July thirtieth of each year, independent projections that conform with the provisions of subdivisions 4-7-10(2) and (5) to the Governor or the Governor's designee and the committee created by this chapter. Notwithstanding the provisions of subdivisions 4-7-10(2) and (5), the projections shall contain information of actual revenue for each of the two fiscal years last concluded and the estimated revenue of the current fiscal year.

    If either of the estimates provided in this section project a budget shortfall in excess of two and one-half percent of the general fund appropriated budget in the current fiscal year, the Bureau of Finance and Management and the Legislative Research Council shall propose measures to the Governor and the special committee created in chapter 4-8A for eliminating the shortfall. If either of the estimates provided in this section project a budget shortfall in the current or next fiscal year of five percent or greater of the general fund appropriated budget, the Governor shall propose measures to eliminate the shortfall consistent with S.D. Const., Art. 12, § 7.

     Signed March 28, 2014
_______________
End Included file :Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\027.wpd


Start Included file <Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\028.wpd
CHAPTER 28

(SB 9)

Interim appropriations committee
may hold hearings on the Governor's budget report.


        ENTITLED, An Act to revise provisions related to the Interim Appropriations Committee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The committee may hold public hearings to review the budget report submitted by the Governor and the long-term capital improvements budget as required in § 4-7-19. The committee may summon and examine witnesses.

     Signed March 14, 2014
_______________
End Included file <Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\028.wpd



Start Included file >Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\029.wpd
CHAPTER 29

(SB 84)

Update statutes relating to notification of certain budget transfers.


        ENTITLED, An Act to update certain statutes relating to notification of certain transfers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file >Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\029.wpd


Start Included file @Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\030.wpd
CHAPTER 30

(HB 1034)

Dam maintenance repair funding from 2012 revised.


        ENTITLED, An Act to revise certain provisions relating to dam maintenance and repair funding and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 30 of the 2012 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

    Section 38. The provisions of § 4-8-19 do not apply to five hundred thousand dollars ($500,000) in general funds operating expenses appropriated in subdivision (1) of section 24 of this Act.

    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.

     Signed March 14, 2014
_______________
End Included file @Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\030.wpd


Start Included file BY:\LMDATA\SESSIONS\89-2014\SESSIO~1\031.wpd
CHAPTER 31

(SB 27)

Appropriation to the State Conservation Commission.


        ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file BY:\LMDATA\SESSIONS\89-2014\SESSIO~1\031.wpd


Start Included file DY:\LMDATA\SESSIONS\89-2014\SESSIO~1\032.wpd
CHAPTER 32

(HB 1039)

General Appropriations Act for fiscal year 2013 revised.


        ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 26 of the 2013 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

    Section 147. Up to five hundred seventy-one thousand dollars ($571,000) in general funds and up to one million dollars ($1,000,000) in other funds appropriated in subsection (7) of section 109 of this Act that are unspent may be carried over until June 30, 2015.

    Section 2. That chapter 26 of the 2013 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

    Section 148. Up to eight hundred forty-four thousand dollars ($844,000) in general funds appropriated in subsection (2) of section 124 of this Act that are unspent may be carried over until June 30, 2015.

    Section 3. That chapter 26 of the 2013 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

    Section 149. Up to five hundred thousand dollars ($500,000) in general funds and up to two hundred ninety thousand dollars ($290,000) in other funds appropriated in subsection (2) of section 128 of this Act that are unspent may be carried over until June 30, 2015.

    Section 4. This Act is effective June 30, 2014.

     Signed March 24, 2014
_______________
End Included file DY:\LMDATA\SESSIONS\89-2014\SESSIO~1\032.wpd


Start Included file FY:\LMDATA\SESSIONS\89-2014\SESSIO~1\033.wpd
CHAPTER 33

(HB 1040)

General Appropriations Act for fiscal year 2014 revised.


        ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2014.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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, Federal Funds, delete "$11,159,579" and insert "$11,159,773"

        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.


    Section 7. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:

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


    (26) Data Centers, Bureau of Information and Telecommunications (BIT)

        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.



    Section 15. That section 2 of chapter 25 of the 2013 Session Laws be amended to read as follows:

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"


Adjust all totals accordingly.

    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:



DEPARTMENT OF REVENUE

    (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:


DEPARTMENT OF AGRICULTURE

    (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"


        Operating Expenses, Other Funds, delete "$141,640" and insert "$141,650"

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



        Personal Services, Other Funds, delete "$750,307" and insert "$771,367"

        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



     (5) State Parks and Recreation, Development and Improvement

        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


    (2) Economic Assistance

        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:



DEPARTMENT OF SOCIAL SERVICES

    (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"



        Operating Expenses, Other Funds, delete "$1,105,812" and insert "$1,105,852"

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"



        Operating Expenses, Other Funds, delete "$1,863,780" and insert "$1,868,258"

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:



DEPARTMENT OF LABOR AND REGULATION

    (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"



        Operating Expenses, Other Funds, delete "$235,447" and insert "$236,365"

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.


    Section 67. That section 10 of chapter 25 of the 2013 Session Laws be amended to read as follows:

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



    (13) Banking

        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, General Funds, delete "$458,564" and insert "$473,040"

        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:


DEPARTMENT OF EDUCATION

    (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, General Funds, delete "$13,342" and insert "$13,524"

        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"



        Personal Services, Other Funds, delete "$4,141,707" and insert "$4,277,817"

        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:



BOARD OF REGENTS

    (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, Federal Funds, delete "$1,649,008" and insert "$2,003,384"

        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



    (14) South Dakota School for the Deaf

        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"



Adjust all totals accordingly.

    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"


        Operating Expenses, Other Funds, delete "$571,189" and insert "$573,444"

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"



Adjust all totals accordingly.

    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.


    Section 115. That section 17 of chapter 25 of the 2013 Session Laws be amended to read as follows:

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, General Funds, delete "$49,564,745" and insert "$49,564,890"

        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"



        Operating Expenses, Other Funds, delete "$120,177" and insert "$120,184"

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"



Adjust all totals accordingly.

    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  
Adjust all totals accordingly.

    Section 129. That section 22 of chapter 25 of the 2013 Session Laws be amended to read as follows:

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"



        Personal Services, Other Funds, delete "$2,106,100" and insert "$2,160,654"

        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


        Personal Services, General Funds, delete "$390,841" and insert "$403,051"

        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:


STATE TREASURER

    (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 41. The state treasurer shall transfer to the general fund nineteen million four hundred twenty-four thousand five hundred eighty-six dollars ($19,424,586) from the tax refund construction liability fund within the Department of Revenue.

    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.

     Signed March 28, 2014
_______________
End Included file FY:\LMDATA\SESSIONS\89-2014\SESSIO~1\033.wpd


Start Included file HY:\LMDATA\SESSIONS\89-2014\SESSIO~1\034.wpd
CHAPTER 34

(HB 1041)

Railroad trust fund appropriation.


        ENTITLED, An Act to make an appropriation for the railroad trust fund and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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 2. The secretary of the Department of Transportation 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.

     Signed March 28, 2014
_______________
End Included file HY:\LMDATA\SESSIONS\89-2014\SESSIO~1\034.wpd


Start Included file JY:\LMDATA\SESSIONS\89-2014\SESSIO~1\035.wpd
CHAPTER 35

(HB 1206)

Payment of lease rental obligations
to the South Dakota Building Authority.


        ENTITLED, An Act to authorize the payment of lease rental obligations to the South Dakota Building Authority by the Bureau of Finance and Management, to make an appropriation therefore, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Lease rentals and fees in an estimated amount of eleven million eighteen thousand eight hundred fifty-three dollars in connection with the lease between the South Dakota Building Authority and the Department of Human Services relating to the George S. Mickelson Center for the Neurosciences financed with the proceeds of a sale by the South Dakota Building Authority of series 1992 bonds and refinanced with proceeds of series 1993A lease revenue trust certificates;

            (2)    Lease rentals and fees in an estimated amount of six million forty thousand two hundred ninety-three dollars in connection with the lease between the South Dakota Building Authority and the Office of Attorney General and Department of Public Safety relating to the George S. Mickelson Criminal Justice Center financed with proceeds of the South Dakota Building Authority's series 2005B bonds;

            (3)    Lease rentals and fees in an estimated amount of thirty-two million four hundred sixty-five thousand five hundred forty dollars in connection with a lease between the South Dakota Building Authority and the Board of Regents relating to the portion of the costs of the science facilities and laboratories at various public universities supported by

rent paid from general fund appropriations by the Legislature and financed by proceeds of the South Dakota Building Authority's series 2008 bonds; and

            (4)    Lease rentals and fees in an estimated amount of six million seven hundred thirty-two thousand five hundred sixty-five dollars in connection with a lease between the South Dakota Building Authority and the Department of Human Services relating to the George S. Mickelson Center for the Neurosciences dietary wing financed with the proceeds of the South Dakota Building Authority's series 2010B bonds.

    Section 3. The South Dakota Building Authority may enter into an irrevocable escrow agreement to provide for the defeasance and payment of the series 1993A lease revenue trust certificates, the series 2005B bonds and the series 2008 bonds issued to finance the costs of the buildings and other real or personal property described in subdivisions (1), (2) and (3) of section 2 of this Act. The authority may enter into such other arrangements to pay or prepay, from time to time, any governmental expenses permissible under chapter 5-12, including payment or prepayment of debt service and associated fees and expenses relating to series 2010B bonds issued to finance the costs of the buildings and other real or personal property described in subdivision (4) of section 2 of this Act. The authority may contract with a third party for any of the purposes of this section. Upon determination by the authority of the amounts necessary for payment or prepayment of the bonds and other governmental expenses described in this section, and any associated fees and expenses, any remaining funds shall be transferred to the general fund at the end of the fiscal year in which this Act was enacted. Thereafter, as of the end of each fiscal year to and including the fiscal year ending June 30, 2021, the South Dakota Building Authority shall file an annual report with the Bureau of Finance and Management specifying any lease rentals, any fees received pursuant to this Act, and any interest earnings thereon, which the authority has determined are no longer expected to be required for the purposes set forth in section 2 of this Act. Any such amounts not then expected to be required shall be deposited into the general fund with thirty days of the filing of the annual report. Any lease rentals and fees received by the authority pursuant to this Act, or interest earnings thereon, which are not applied by June 2, 2021, to pay or prepay amounts described in section 3 of this Act, shall be deposited into the general fund by June 30, 2021.

    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.

     Signed March 28, 2014
_______________
End Included file JY:\LMDATA\SESSIONS\89-2014\SESSIO~1\035.wpd


Start Included file LY:\LMDATA\SESSIONS\89-2014\SESSIO~1\036.wpd
CHAPTER 36

(SB 15)

South Dakota State University authorization
to construct a football stadium.


        ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to finance, design, construct, furnish, and equip a football stadium facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 24, 2014
_______________
End Included file LY:\LMDATA\SESSIONS\89-2014\SESSIO~1\036.wpd


Start Included file NY:\LMDATA\SESSIONS\89-2014\SESSIO~1\037.wpd
CHAPTER 37

(SB 53)

An appropriation for programs and projects
to provide economic benefit.


        ENTITLED, An Act to make appropriations to fund certain programs and projects that provide economic benefits to South Dakotans and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 26, 2014
_______________
End Included file NY:\LMDATA\SESSIONS\89-2014\SESSIO~1\037.wpd


Start Included file PY:\LMDATA\SESSIONS\89-2014\SESSIO~1\038.wpd
CHAPTER 38

(SB 177)

Appropriation for unanticipated costs related to medical services.


        ENTITLED, An Act to make an appropriation to provide contingency funds to be made available for unanticipated costs related to medical services and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 28, 2014
_______________
End Included file PY:\LMDATA\SESSIONS\89-2014\SESSIO~1\038.wpd

PUBLIC PROPERTY, PURCHASES AND CONTRACTS

_______________


Start Included file RY:\LMDATA\SESSIONS\89-2014\SESSIO~1\039.wpd
CHAPTER 39

(HB 1154)

The commissioner of school and public lands
may grant certain surface and subsurface easements.


        ENTITLED, An Act to authorize the commissioner of school and public lands to grant certain surface and subsurface easements to provide access to oil, gas, minerals, and geothermal resources.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 5-7 be amended by adding thereto a NEW SECTION to read as follows:

    The commissioner of school and public lands may grant limited surface and subsurface easements on public lands to provide access to land containing potential oil, gas, minerals, or geothermal resources which are not subject to lease pursuant to chapter 5-7 or to public lands held by a separate exploration, development, or production lease issued pursuant to chapter 5-7. Any easement shall be granted pursuant to the provisions of § 5-2-11 with terms and conditions that are customary and proper for the protection of the rights of the state and the surface lessee.

     Signed March 12, 2014
_______________
End Included file RY:\LMDATA\SESSIONS\89-2014\SESSIO~1\039.wpd



Start Included file TY:\LMDATA\SESSIONS\89-2014\SESSIO~1\040.wpd
CHAPTER 40

(HB 1212)

Fair and open competition in certain governmental contracts.


        ENTITLED, An Act to provide for fair and open competition in certain governmental contracts, to prohibit the inclusion of certain terms in governmental contracts and documents, and to establish a procedure to grant certain exemptions after notice and a public hearing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    This Act is intended to provide for more economical, nondiscriminatory, neutral, and efficient procurement of construction-related goods and services by this state and political subdivisions of this state as market participants by providing for fair and open competition in government contracts.

    Section 2. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    Subject to the provisions of section 4 of this Act, no governmental unit awarding a contract after July 1, 2014, for the construction, repair, remodel, or demolition of a facility and no construction manager acting on behalf of the governmental unit may include any of the following in a bid specification, project agreement, or other controlling document:

            (1)    A term that requires or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to that project or a related construction project; or

            (2)    A term that otherwise discriminates against a bidder, offeror, contractor, or subcontractor for becoming, remaining, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to that project or a related construction project.

    Section 3. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    Subject to the provisions of section 4 of this Act, no governmental unit may award a grant, tax abatement, or tax credit that is conditioned upon a requirement that the awardee include a term described in section 2 of this Act in a contract or document for any construction, improvement, maintenance, or renovation to real property or fixture that is the subject of the grant, tax abatement, or tax credit.

    Section 4. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act prohibits a governmental unit from awarding a contract, grant, tax abatement, or tax credit to a private owner, bidder, contractor, or subcontractor who enters into or who is party to an agreement with a labor organization, if being or becoming a party or adhering to an agreement with a labor organization is not a condition for award of the contract, grant, tax abatement, or tax credit, and if the governmental unit does not discriminate against a private owner, bidder, contractor, or subcontractor in the awarding of that contract, grant, tax abatement, or tax credit based upon the

status as being or becoming, or the willingness or refusal to become, a party to an agreement with a labor organization.

    Nothing in this Act prohibits a contractor or subcontractor from voluntarily entering into or complying with an agreement entered into with one or more labor organizations in regard to a contract with a governmental unit or funded in whole or in part from a grant, tax abatement, or tax credit from the governmental unit.

    Section 5. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    The head of a governmental unit may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of any or all of the provisions of sections 2 and 3 of this Act only if the governmental unit finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety. A finding of special circumstances under this section may not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations, or concerning employees on the project who are not members of or affiliated with a labor organization.

    Section 6. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act prohibits an employer or other party from entering into an agreement or engaging in any other activity protected by the National Labor Relations Act, 29 U.S.C. 151 to 169.

    Nothing in this Act interferes with labor relations of parties that are not regulated by the National Labor Relations Act, 29 U.S.C. 151 to 169.

     Signed March 14, 2014
_______________
End Included file TY:\LMDATA\SESSIONS\89-2014\SESSIO~1\040.wpd


Start Included file VY:\LMDATA\SESSIONS\89-2014\SESSIO~1\041.wpd
CHAPTER 41

(SB 19)

Board of Regents expenditure authority increased
for certain construction projects.


        ENTITLED, An Act to increase expenditure authority to accommodate donations to projects at Black Hills State University and Northern State University, to authorize the acquisition and renovation of improved real property for a project at Dakota State University, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That subdivision (1) of section 3 of chapter 107 of the 2012 Session Laws be amended to read as follows:

            (1)    Black Hills State University Jonas Hall Science renovation, for an estimated construction cost of two four million five two hundred thousand dollars, of which no more than one million two hundred fifty thousand dollars may be financed through the issuance of revenue bonds, with the remaining funds being drawn from donations, federal, or other funds as provided in section 8 of this Act;

    Section 2. That subdivision (3) of section 3 of chapter 107 of the 2012 Session Laws be amended to read as follows;

            (3)    Dakota State University information system building, facility renovation and space replacement project, yielding a facility not to exceed forty-eight eighty-seven thousand gross square feet, for an estimated construction cost of ten million eleven million four hundred thousand dollars, of which no more than six million dollars may be financed through the issuance of revenue bonds, with the remaining funds being drawn from donations, federal, or other funds as provided in section 8 of this Act;

    Section 3. That subdivision (4) of section 3 of chapter 107 of the 2012 Session Laws be amended to read as follows:

            (4)    Northern State University Johnson Fine Arts Center renovation and addition, not to exceed twenty-nine thousand gross square feet, for an estimated construction cost of seven million seven hundred fifty thousand twelve million dollars, of which no more than five million dollars may be financed through the issuance of revenue bonds, with the remaining funds being drawn from donations, federal, or other funds as provided in section 8 of this Act;

    Section 4. That chapter 107 of the 2012 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

    Section 14. To house the Dakota State University information system facility renovation project, authorized in subdivision (3) of section 3 of this Act, the Board of Regents may enter into an agreement to acquire the facility and land occupied by the Madison Community Hospital and described as: Lots 1 through 12, inclusive, of Block 1 of H. P. Smith's Addition to Madison, Lake County, South Dakota; Lots 3 through 9, inclusive, of Block 14 of Kennedy's Second Extension of Blocks 12, 13 and 14 of Kennedy's Subdivision to Madison, Lake County, South Dakota; Lots 1 and 2 of Madison Clinic Addition to Madison, Lake County, South Dakota; and the vacated alley bisecting Block 1, H. P. Smith's Addition to Madison from north to south, and lying between Lots 1 to 6, inclusive, on the east and Lots 7 to 12, inclusive, on the west, being 14 feet in width; and that certain alley lying between Lots 6 and 7 and the 14-foot alley in H. P. Smith's Addition to Madison on the north, and Lot 1 of Aird's Resubdivision, and Lots 4 to 9, inclusive, of Kennedy's Subdivision of Block 14, Kennedy's Second Extension of Madison on the south, said alley running east and west and being 13.5 feet wide, all in Lake County, South Dakota.

    The Board of Regents may accept donations and expend, as provided in section 8 of this Act, for this purpose the sum of one million six hundred thousand dollars, in addition to the sums authorized for the facility renovation and space replacement project authorized in section 3 this Act.

    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.

     Signed March 12, 2014
_______________
End Included file VY:\LMDATA\SESSIONS\89-2014\SESSIO~1\041.wpd



Start Included file XY:\LMDATA\SESSIONS\89-2014\SESSIO~1\042.wpd
CHAPTER 42

(HB 1013)

Interpretive center to be constructed at Good Earth State Park.


        ENTITLED, An Act to authorize the South Dakota Building Authority to finance the construction of improvements in the state park system for the Department of Game, Fish and Parks and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file XY:\LMDATA\SESSIONS\89-2014\SESSIO~1\042.wpd



Start Included file ZY:\LMDATA\SESSIONS\89-2014\SESSIO~1\043.wpd
CHAPTER 43

(HB 1038)

Appropriation to construct a highway patrol office
and motorcycle training facility.


        ENTITLED, An Act to authorize the Department of Public Safety to build a highway patrol office and motorcycle training facility in Rapid City, to make an appropriation therefor, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file ZY:\LMDATA\SESSIONS\89-2014\SESSIO~1\043.wpd



LOCAL GOVERNMENT GENERALLY

_______________


Start Included file \Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\044.wpd
CHAPTER 44

(SB 82)

Purchases, sales, and contracts allowed
by public officers with the state or its political subdivisions.


        ENTITLED, An Act to revise certain provisions concerning purchases, sales, and contracts made by public officers with the state or its political subdivisions and to revise certain provisions concerning agreements or other transactions of the South Dakota Housing Development Authority.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any contract involving three five thousand dollars or less regardless of whether other sources of supply or services are available within the county, municipality, township, or school district, if the consideration for such supplies or services is reasonable and just;

            (2)    Any contract involving more than three five thousand dollars but less than the amount for which competitive bidding is required, and there is no other source of supply or services available within the county, municipality, township, or school district if the consideration for such supplies or services is reasonable and just and if the accumulated total of such contracts paid during any given fiscal year does not exceed the amount specified in § 5-18A-14;

            (3)    Any contract with any firm, association, corporation, or cooperative association for which competitive bidding is not required and where other sources of supply and services are available within the county, municipality, township or school district, and the consideration for such supplies or services is reasonable and just, unless the majority of the governing body are members or stockholders who collectively have controlling interest, or any one of them is an officer or manager of any such firm, association, corporation, or cooperative association, in which case any such contract is null and void;

            (4)    Any contract for which competitive bidding procedures are followed pursuant to chapter 5-18A or 5-18B, and where more than one such competitive bid is submitted;

            (5)    Any contract for professional services with any individual, firm, association, corporation, or cooperative, if the individual or any member of the firm, association, corporation, or cooperative is an elected or appointed officer of a county, municipality, township, or school district, whether or not other sources of such services are available within the county, municipality, township, or school district, if the consideration for such services

is reasonable and just;

            (6)    Any contract for commodities, materials, supplies, or equipment found in the state contract list established pursuant to § 5-18D-6, at the price there established or below;

            (7)    Any contract or agreement between a governmental entity specified in § 6-1-1 and a public postsecondary educational institution if an employee of the Board of Regents serves as an elected or appointed officer for the governmental entity, and if the employee does not receive direct compensation or payment as a result of the contract or agreement; and

            (8)    Any contract with any firm, association, corporation, individual, or cooperative association for which competitive bidding procedures are followed pursuant to chapter 5-18A, and where only one such competitive bid is submitted, provided the procedures established in § 6-1-2.1 are followed.

    Section 2. That § 3-16-7 be amended to read as follows:

    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:

            (3)    Make and execute contracts with mortgage bankers or, other financial institutions, or government agencies in this state, or outside this state if none which are qualified are located within this state, for the servicing of mortgages acquired by the authority pursuant to this chapter, and pay the reasonable value of services rendered to the authority pursuant to those contracts;

     Signed March 14, 2014
_______________
End Included file \Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\044.wpd




Start Included file ^Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\045.wpd
CHAPTER 45

(HB 1105)

Obsolete provision repealed regarding the publication
of certain local government fiscal reports.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the compilation and publication of certain local government annual fiscal reports.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 6-9-3 be repealed.

     Signed March 3, 2014
_______________
End Included file ^Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\045.wpd


Start Included file `Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\046.wpd
CHAPTER 46

(SB 65)

Road districts voter eligibility and boundary revision.


        ENTITLED, An Act to revise and clarify voter eligibility for road district elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    As used in this chapter, the term, eligible voter, has the meaning specified in this section. Only persons or public corporations that are landowners of land located within the proposed or existing road district are eligible to vote in the formation election or any subsequent election of a road district, except as provided in this chapter. An eligible voter may reside within or outside the district. Any firm, partnership, limited liability company, association, estate, or corporation that holds title to land located within the proposed or existing road district is entitled to one vote and may designate an officer or agent to vote on its behalf by presenting a written instrument to that effect to the election officials. The vote of any eligible voter who is a minor or a protected person as defined by § 29A-5-102, may be cast by the parent, conservator, or legal representative of the minor or protected person. However, if more than one person holds an interest in a lot, tract, or parcel of land, no more than one vote may be cast in any election with respect to any one lot, tract, or parcel of land, as the owners may among themselves determine.

    As used in this chapter, the term, landowner, means any owner of land other than a governmental entity, as evidenced by records in the offices of the register of deeds and the clerk of courts in the county containing a proposed or existing road district. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county in which the land is situated, the individual purchaser of the land, as named in the contract for deed, is treated as the landowner.

    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:

            (1)    The proposed name of the road district;

            (2)    That there is need for road work in the territory described in the petition;

            (3)    A description of the territory proposed to be organized as a road district;

            (4)    A request that the board of county commissioners define the boundaries for the district; that a referendum be held within the territory so defined on the question of the creation of a road district in the territory; and that the board determine that such a district be created.

    Section 9. That § 31-12A-5 be repealed.

    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.

    The same type of notice shall be given setting forth each vacancy occurring by termination of the term of office of any elective officer. The notice shall also state the time and place where nominating petitions may be filed for each office. The notice shall be given not less than thirty days prior to the deadline for filing nominating petitions.

    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:

            (1)    Circulation of an initiating petition therefor by the qualified for annexation signed by twenty-five percent of the eligible voters in the new area to be annexed and twenty-five percent of the eligible voters in the existing district, similar to an initiating petition specified in this chapter; or

            (2)    Circulation of an initiating petition for withdrawal signed by qualified twenty-five percent of the eligible voters in the affected area to be withdrawn and passage of a resolution therefor by the directors of the road district.

    Upon receipt of an initiating petition and passage of a resolution by the directors, the area shall

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.

     Signed March 28, 2014
_______________
End Included file `Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\046.wpd

COUNTIES

_______________


Start Included file bY:\LMDATA\SESSIONS\89-2014\SESSIO~1\047.wpd
CHAPTER 47

(SB 68)

The Uniform Real Property Electronic Recording Act adopted.


        ENTITLED, An Act to adopt the uniform real property electronic recording act, to use an existing funding source to implement the provisions of this Act, and to revise certain provisions concerning electronic recording.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. Terms used in sections 1 to 10, inclusive, of this Act mean:

            (1)    "Document," any information that is:

            (a)    Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

            (b)    Eligible to be recorded in the public records maintained by the register of deeds;

            (2)    "Electronic," relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

            (3)    "Electronic document," a document that is received by the register of deeds in an electronic form;

            (4)    "Electronic recording commission" and "commission," the commission established in section 4 of this Act;

            (5)    "Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document;

            (6)    "Paper document," a document that is received by the register of deeds in a form that is not electronic;

            (7)    "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial

entity;

            (8)    "Register of deeds," the county register of deeds for the county in which a document is received;

            (9)    "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

    Section 2. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying sections 1 to 10, inclusive, of this Act. If a law requires or refers to something related to tangible media, the requirement or reference is satisfied by an electronic document satisfying sections 1 to10, inclusive, of this Act.

    If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

    A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal does not have to accompany an electronic signature.

    In a proceeding, evidence of a document or signature may not be excluded solely because it is in electronic form.

    This section does not require that a register of deeds adopt the process of recording electronic documents.

    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:

            (1)    Receive, index, store, archive, and transmit electronic documents;

            (2)    Provide for access to, and for search and retrieval of, documents and information by electronic means;

            (3)    Convert paper documents accepted for recording into electronic form;

            (4)    Convert into electronic form information and documents recorded before the register of deeds began to record electronic documents;

            (5)    Accept electronically any fee or tax that the register of deeds is authorized to collect; and

            (6)    Agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

    A register of deeds who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall record both electronic documents and paper documents in the same manner as provided for by law.

    This Act does not invalidate electronic documents recorded under sections 1 to 10, inclusive, of

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.

    Each document that a register of deeds accepts for recordation under this section shall be considered recorded despite its failure to conform to one or more requirements of this section or § 43-28-23, unless the document is not sufficiently legible or cannot be reproduced as a readable copy using the register of deeds' current method of reproduction.

    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:

            (1)    Five registers of deeds appointed by the president of the South Dakota Association of County Officials, which includes one register of deeds to be appointed from a county that has a population of seventy-five thousand or more; one register of deeds from a county that has a population of twenty thousand or more but less than seventy-five thousand; and one register of deeds from a county that has a population of less than twenty thousand; and two registers of deeds from other counties with no regard to population size;

            (2)    One attorney licensed in the state of South Dakota whose practice emphasizes real property matters appointed by the president of the State Bar Association;

            (3)    Two licensed title abstractors certified in the state of South Dakota appointed by the president of the South Dakota Land Title Association; and

            (4)    One person in the banking industry appointed by the South Dakota Bankers Association.

    The commission shall annually appoint one nonvoting member who is an information technology professional.

    The appointed members of the commission shall serve for terms of two years, except that, of the registers of deeds first appointed, two shall serve for one year, two shall serve for two years, and one shall serve for three years; of the certified title abstractors, appointed initially, one will serve for three years and one will serve for two years. If a vacancy occurs on the commission, the respective associations shall make an appointment for the unexpired term in the same manner as the original appointment.

    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:

            (1)    Standards and practices of other jurisdictions;

            (2)    The most recent standards promulgated by national standard-setting bodies;

            (3)    The views of interested persons and governmental officials and entities;

            (4)    The needs of counties of varying size, population, and resources; and

            (5)    Standards requiring adequate information security protection to reasonably ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

    Section 9. In applying and construing the provisions sections 1 to 10, inclusive, of this Act, the commission shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact these provisions.

    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:

    Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' records as provided in this section or other applicable law shall contain the original signatures of the parties who execute the document and if required to be acknowledged or further proven, original signatures of the notary public, witnesses or other officer taking an acknowledgment. However, any financing statement filed and recorded pursuant to chapter 57A-9 does not need to contain:

            (1)    The signatures of the debtor or the secured party; or

            (2)    An acknowledgment.

    No original signature may be required if the document is attached as an exhibit to an affidavit or other document that has an original signature that is acknowledged, sworn to with a proper jurat, or proved according to law.

    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.



    Section 17. That § 51A-4-11 be repealed.

     Signed March 26, 2014
_______________
End Included file bY:\LMDATA\SESSIONS\89-2014\SESSIO~1\047.wpd

TOWNSHIPS

_______________


Start Included file dY:\LMDATA\SESSIONS\89-2014\SESSIO~1\048.wpd
CHAPTER 48

(HB 1133)

Township revisions.


        ENTITLED, An Act to repeal or revise certain provisions concerning townships.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    To determine the number of poundmasters and the location of pounds, and whether landmarks shall be erected at section and quarter section corners throughout the township;

            (2)    To select such township officers as are required by law to be chosen;

            (3)    To direct the institution or defense of actions in all controversies wherein such township is interested;

            (4)    To direct such sums to be raised for prosecuting or defending such actions as they may deem necessary;

            (5)    To make rules and regulations for impounding animals;

            (6)    To impose such penalties on persons offending against any rule or regulation established by the township as they think proper, not exceeding fifty dollars for each offense unless herein otherwise provided;

            (7)    To apply fines and penalties when collected in such manner as they deem most conducive to the interests of the township;

            (8)(2)    To vote to raise by taxation such sums as they may deem expedient levy a tax for authorized township purposes, but the aggregate of such sums shall levy may not exceed the limit of tax levy prescribed by this code authorized by law.

    Section 5. That § 8-4-3 be amended to read as follows:

    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:



    8-6-1. Any person elected or appointed to the office of township clerk shall, before the person enters the office and within the time prescribed by law for filing the oath of office, execute 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 township is expected to receive in any one fiscal year or two hundred thousand dollars, whichever is less.

    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:


    34-35-2. The electors at the annual meeting of an organized civil township may also provide fireguards similar to those authorized by § 34-35-1 each way across the center of the township and they shall may vote a tax, in addition to the amount levied for other purposes, upon the real property, including railroads within the area, embraced in such area by the fireguards, for the purpose of defraying the necessary expenses of such the fireguards.

    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.

     Signed March 14, 2014
_______________
End Included file dY:\LMDATA\SESSIONS\89-2014\SESSIO~1\048.wpd

MUNICIPAL GOVERNMENT

_______________


Start Included file fY:\LMDATA\SESSIONS\89-2014\SESSIO~1\049.wpd
CHAPTER 49

(HB 1134)

Municipal powers clarified.


        ENTITLED, An Act to clarify certain municipal powers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 9-12-1 be amended to read as follows:

    9-12-1. Every municipality shall have power:

            (1)    To sue and be sued and to contract in its corporate name;

            (2)    To acquire by lease, purchase, gift, condemnation, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights of way within or without the corporate limits for all purposes authorized by law or necessary to the exercise of any power granted;

            (3)    To provide that supplies needed for the use of the municipality shall be furnished by contract let to the lowest responsible bidder, except as otherwise provided by law;

            (4)    To construct, operate, and maintain an auditorium and all public buildings necessary for the use of the municipality;

            (5)    To insure the public property of the municipality;

            (6)    To convey, sell, give, dispose of, or lease both the personal and real property of the municipality as provided by this title;

            (7)    To perform all administrative and financial functions for all purposes authorized by law or necessary to the exercise of any power granted.

    Section 2. That § 9-12-11 be amended to read as follows:

    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.

     Signed March 14, 2014
_______________
End Included file fY:\LMDATA\SESSIONS\89-2014\SESSIO~1\049.wpd


Start Included file hY:\LMDATA\SESSIONS\89-2014\SESSIO~1\050.wpd
CHAPTER 50

(SB 100)

A vacancy may be filled if no person is elected.


        ENTITLED, An Act to provide for the filling of a vacancy if no person is elected to succeed an elected official in municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 9-13 be amended by adding thereto a NEW SECTION to read as follows:

    If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act in an official capacity until the vacancy is filled by election or appointment pursuant to § 9-13-14.1 or 9-13-14.2.

    Section 2. That § 9-7-3 be amended 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.

    Whenever any third class When a municipality is organized, the trustees shall be elected for terms of one, two, and three years respectively at the first annual election. At subsequent elections each trustee shall be elected for a term of three years.

    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.

     Signed March 10, 2014
_______________
End Included file hY:\LMDATA\SESSIONS\89-2014\SESSIO~1\050.wpd


Start Included file jY:\LMDATA\SESSIONS\89-2014\SESSIO~1\051.wpd
CHAPTER 51

(HB 1095)

Revise provisions relating to appointment and removal
of municipal finance officers.


        ENTITLED, An Act to revise and clarify certain provisions relating to municipal officers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.


    Section 3. That § 9-14-17 be amended to read as follows:

    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.

    The official finance officer shall countersign all bonds, warrants, or other evidences of indebtedness of the municipality and keep accurate accounts thereof of each, stating to whom and for what purpose issued and the amount thereof of the bond, warrant, or other evidence of indebtedness of the municipality. The official finance officer shall keep an account with all receiving and disbursing officers of the municipality, showing the amount received from the different sources of revenue and the amount which was disbursed under the direction of the governing body. 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 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.

     Signed March 3, 2014
_______________
End Included file jY:\LMDATA\SESSIONS\89-2014\SESSIO~1\051.wpd


Start Included file lY:\LMDATA\SESSIONS\89-2014\SESSIO~1\052.wpd
CHAPTER 52

(HB 1151)

Budgetary planning for municipalities updated.


        ENTITLED, An Act to revise certain deadlines and offices regarding budgetary planning for municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 10, 2014
_______________
End Included file lY:\LMDATA\SESSIONS\89-2014\SESSIO~1\052.wpd




Start Included file nY:\LMDATA\SESSIONS\89-2014\SESSIO~1\053.wpd
CHAPTER 53

(HB 1135)

Exceptions to special assessments levied upon real property.


        ENTITLED, An Act to revise certain exceptions to special assessments levied upon real property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 3, 2014
_______________
End Included file nY:\LMDATA\SESSIONS\89-2014\SESSIO~1\053.wpd

TAXATION

_______________


Start Included file pY:\LMDATA\SESSIONS\89-2014\SESSIO~1\054.wpd
CHAPTER 54

(HB 1055)

Internal Revenue Code references updated.


        ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    For purposes of this section, benevolent purpose means an activity that serves the poor, distressed or underprivileged, promotes the physical or mental welfare of youths or disadvantaged individuals, or relieves a government burden.

    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.

    In addition, no owner may apply for a property tax exemption for a congregate housing facility constructed after July 1, 2004, unless the congregate housing facility:

            (1)    Consists of two or more individual housing units located within one structure; and

            (2)    Not more than twenty-five percent of the individual housing units exceed fifteen hundred square feet.

    Section 5. That § 10-4-39 be amended to read as follows:

    10-4-39. Any facility operated as a multi-tenant business incubator and owned by an entity recognized as an exempt nonprofit corporation pursuant to section 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code as amended and in effect on January 1, 2013 2014, is exempt from property taxation. A business incubator is any facility that supports the development and operation of a number of small start-up businesses. Tenants of the facility may share a number of support services and the tenants may receive technical assistance, business planning, legal, financial, and marketing advice. If any portion of the facility is occupied by an incubated business for more than five years, that portion of the facility shall be taxed as other property of the same class is taxed.

    Section 6. That subdivision (7) of § 10-6A-1 be amended to read as follows:

            (7)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as amended and in effect on January 1, 2013 2014, and IRA disbursements, the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans disability pensions, all payments received under the federal social security and state unemployment insurance laws, nontaxable interest, life insurance proceeds that exceed twenty thousand dollars, any gift or inheritance that exceeds five hundred dollars, proceeds from a court action, any sale of a personal item that exceeds five hundred dollars, foster care income, and workers' compensation;

    Section 7. That subdivision (5) of § 10-6B-1 be amended to read as follows:

            (5)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as amended and in effect on January 1, 2013 2014, and all nontaxable income, including the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash, public assistance and relief, not including relief granted under this chapter, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability pensions, all payments received under the federal social security and state unemployment insurance laws, nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of "loss of time" insurance, but not including gifts from nongovernmental sources, food stamps, or surplus foods or other relief in kind provided by a public agency less real estate taxes payable on the applicant's principal residence for the year in which application is made;

    Section 8. That subdivision (6) of § 10-18A-1 be amended to read as follows:

            (6)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as amended and in effect on January 1, 2013 2014, and all nontaxable income, including the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief, not including relief granted under this chapter, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability pensions, all payments received under the federal social security and state unemployment insurance laws, nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of loss of time insurance, but not including gifts from nongovernmental sources, food stamps, or surplus foods, or other relief in kind provided by a public agency less real estate taxes payable on the applicant's principal residence for the year in which application is made. However, the reduction in the applicant's income for real estate taxes payable may not exceed four hundred dollars;

    Section 9. That § 10-43-10.1 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:

            (5)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as amended and in effect on January 1, 2013 2014, and all nontaxable income, including the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief, not including relief granted under this chapter, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability pensions, all payments received under the federal social security and state unemployment insurance laws, nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of loss of time insurance, but not including gifts from nongovernmental sources, food stamps, or surplus foods, or other relief in kind provided by a public agency, less real estate taxes payable or ten percent of rent paid on the applicant's principal residence for the year in which application is made. However, the reduction in the individual's income may not exceed four hundred dollars;

    Section 11. That § 35-4-11.9 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.

     Signed February 10, 2014
_______________
End Included file pY:\LMDATA\SESSIONS\89-2014\SESSIO~1\054.wpd


Start Included file rY:\LMDATA\SESSIONS\89-2014\SESSIO~1\055.wpd
CHAPTER 55

(HB 1064)

Obsolete provisions and references repealed
concerning weather modification programs.


        ENTITLED, An Act to repeal certain obsolete provisions and references concerning weather modification programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:



            (1)    For general county purposes;

            (2)    For the support of the mentally ill pursuant to § 27A-13-15 and developmentally disabled pursuant to chapters 27B-4 and 27B-9;

            (3)    For salaries;

            (4)    For county roads, in addition to the road taxes levied by townships and municipalities, and it shall have the entire supervision of the expenditure of such taxes. In all municipalities an amount equal to the average road levy distributed to the municipalities within the county for calendar years 1984, 1985, and 1986 shall be paid by the county treasurer to the municipal finance officer of the municipality. If a municipality is incorporated after January 1, 1984, the amount paid to the municipality shall be determined pursuant to § 10-12-32.1. Such money shall be expended by the governing body of the municipality only for bridge and street purposes within the municipality;

            (5)    For fire guards in territory not organized into civil townships, to be levied against the taxable property of such unorganized territory;

            (6)    For county bridges;

            (7)    For county parks pursuant to chapter 41-18;

            (8)    For support of the poor pursuant to chapter 28-13;

            (9)    For a public defender pursuant to chapter 7-16A;

            (10)    For recreation, tourism and industrial development pursuant to § 7-18-12;

            (11)    For contingency appropriations pursuant to §§ 7-21-6.1 and 7-21-32.2;

            (12)    For county monuments pursuant to § 7-26-1;

            (13)    For historical sites pursuant to § 7-26-3;

            (14)    For historical museums pursuant to § 7-26-5;

            (15)    For abandoned cemeteries pursuant to § 7-26-7;

            (16)    For a county fair pursuant to chapter 7-27;

            (17)    For real estate classification pursuant to § 10-10-2;

            (18)    For weather modification pursuant to § 10-12-18;

            (19)    For operation of a public library pursuant to § 14-2-47;

            (20)    For the judicial system pursuant to chapter 16-2;

            (21)    For day care centers pursuant to § 26-6-18.3;

            (22)    For mental health centers pursuant to § 27A-5-9;

            (23)    For senior citizens pursuant to § 28-18-6;

            (24)    For emergency welfare pursuant to § 28-13-19;

            (25)    For roads in national forests pursuant to § 31-9-4;

            (26)    For health departments pursuant to § 34-3-22;

            (27)    For drug abuse pursuant to chapter 34-3B;

            (28)    For hospital operation and maintenance pursuant to §§ 34-8-19 and 34-8-20;

            (29)    For hospital wards pursuant to § 34-8-23;

            (30)    For aid to city hospitals pursuant to chapter 34-9;

            (31)    For ambulance service pursuant to § 34-11-1;

            (32)    For fire protection pursuant to chapter 34-31;

            (33)    For conservation districts pursuant to §§ 38-8-49.1, 38-8-55, 38-8-56, and 38-8-57;

            (34)    For weed and pest control pursuant to §§ 38-22-24 and 38-22-26;

            (35)    For animal damage control pursuant to § 40-36-11;

            (36)    For cooperative parks pursuant to §§ 42-2-10 and 42-2-11;

            (37)    For recreation systems pursuant to chapter 42-2;

            (38)    For activities of the elderly pursuant to §§ 42-2-6 and 42-2-7;

            (39)    For geological survey pursuant to § 45-2-3;

            (40)    For flood control pursuant to §§ 7-18-14, 7-18-15, and 46A-14-71;

            (41)    For safety programs pursuant to § 7-18-13;

            (42)    For airports pursuant to chapter 50-7;

            (43)    For emergencies and disasters pursuant to chapter 34-48A;

            (44)    For Memorial Day expense pursuant to § 7-8-24;

            (45)    For the fiscal and managerial affairs of the county pursuant to § 7-8-20;

            (46)    For extension services pursuant to §§ 13-54-8 to 13-54-13, inclusive.

     Signed February 27, 2014
_______________
End Included file rY:\LMDATA\SESSIONS\89-2014\SESSIO~1\055.wpd




Start Included file tY:\LMDATA\SESSIONS\89-2014\SESSIO~1\056.wpd
CHAPTER 56

(HB 1113)

Appropriation to fund tax refunds for elderly and disabled persons.


        ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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   $4,500 5,420   35%  
4,501 5,421   4,760 5,680   34%  
4,761 5,681   5,020 5,940   33%  
5,021 5,941   5,280 6,200   32%  
5,281 6,201   5,540 6,460   31%  
5,541 6,461   5,800 6,720   30%  
5,801 6,721   6,060 6,980   29%  
6,061 6,981   6,320 7,240   28%  
6,321 7,241   6,580 7,500   27%  
6,581 7,501   6,840 7,760   26%  
6,841 7,761   7,100 8,020   25%  
7,101 8,021   7,360 8,280   24%  
7,361 8,281   7,620 8,540   23%  
7,621 8,541   7,880 8,800   22%  
7,881 8,801   8,140 9,060   21%  
8,141 9,061   8,400 9,320   20%  
8,401 9,321   8,660 9,580   19%  
8,661 9,581   8,920 9,840   18%  
8,921 9,841   9,180 10,100   17%  
9,181 10,101   9,440 10,360   16%  
9,441 10,361   9,700 10,620   15%  
9,701 10,621   9,960 10,880   14%  
9,961 10,881   10,220 11,140   13%  
10,221 11,141   10,480 11,400       12%  
10,481 11,401   10,750 11,670   11%  
over 10,750 11,670     No refund  

    Section 5. That § 10-18A-6 be amended to read as follows:

    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   $7,750 9,230   55%  
7,751 9,231   8,111 9,591   53%  
8,112 9,592   8,472 9,952   51%  
8,473 9,953   8,833 10,313   49%  
8,834 10,314   9,194 10,674   47%  
9,195 10,675   9,555 11,035   45%  
9,556 11,036   9,916 11,396   43%  
9,917 11,397   10,277 11,757   41%  
10,278 11,758   10,638 12,118   39%  
10,639 12,119   10,999 12,479   37%  
11,000 12,480   11,360 12,840   35%  
11,361 12,841   11,721 13,201   33%  
11,722 13,202   12,082 13,562   31%  
12,083 13,563   12,443 13,923   29%  
12,444 13,924   12,804 14,284   27%  
12,805 14,285   13,165 14,645   25%  
13,166 14,646   13,526 15,006   23%  
13,527 15,007   13,887 15,367   21%  
13,888 15,368   14,250 15,730   19%  
over 14,250 15,730     No refund  

    Section 6. That § 10-45A-5 be amended to read as follows:

    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:

            (1)    If the claimant's income is four thousand five hundred five thousand four hundred twenty dollars or less, a sum of two hundred fifty-eight dollars;

            (2)    If the claimant's income is four thousand five hundred one five thousand four hundred twenty-one dollars and not more than ten thousand seven hundred fifty eleven thousand six hundred seventy dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between ten thousand seven hundred fifty eleven thousand six hundred seventy dollars and the income of the claimant; and

            (3)    If the claimant's income is more than ten thousand seven hundred fifty eleven thousand six hundred seventy dollars, no refund.

    Section 7. That § 10-45A-6 be amended to read 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:

            (1)    If household income is seven thousand seven hundred fifty nine thousand two hundred thirty dollars or less, the sum of five hundred eighty-one dollars;

            (2)    If household income is seven thousand seven hundred fifty-one nine thousand two hundred thirty-one dollars and not more than fourteen thousand two hundred fifty fifteen thousand seven hundred thirty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between fourteen thousand two hundred fifty fifteen thousand seven hundred thirty dollars and total household income; and

            (3)    If household income is more than fourteen thousand two hundred fifty fifteen thousand seven hundred thirty dollars, no refund.

    Section 8. 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.

     Signed March 26, 2014
_______________
End Included file tY:\LMDATA\SESSIONS\89-2014\SESSIO~1\056.wpd



Start Included file vY:\LMDATA\SESSIONS\89-2014\SESSIO~1\057.wpd
CHAPTER 57

(HB 1069)

Redemption fee increased for property tax deeds.


        ENTITLED, An Act to revise the maximum redemption fee for property tax deeds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 24, 2014
_______________
End Included file vY:\LMDATA\SESSIONS\89-2014\SESSIO~1\057.wpd


Start Included file xY:\LMDATA\SESSIONS\89-2014\SESSIO~1\058.wpd
CHAPTER 58

(HB 1058)

Railroad tax credits reformed.


        ENTITLED, An Act to revise certain provisions concerning the application of railroad tax credits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The repair or replacement of railway line necessitated by washout, fire, or train derailment. No credit may be given for that;

            (2)    Any portion of a project that is funded with state or federal grant funds or paid for by any third party. If any rail line goes over ten million gross ton miles of revenue freight per mile annually in a calendar year, the rail line may not receive a credit pursuant to this section in the following calendar year; or

            (3)    Any expenses of a capital nature that are made on a segment of the rail line that exceeds ten million gross ton miles of revenue freight per mile in the previous calendar year.

    Section 2. That § 10-28-21.3 be amended to read as follows:

    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.

     Signed March 12, 2014
_______________
End Included file xY:\LMDATA\SESSIONS\89-2014\SESSIO~1\058.wpd




Start Included file zY:\LMDATA\SESSIONS\89-2014\SESSIO~1\059.wpd
CHAPTER 59

(HB 1057)

Inheritance and estate tax revisions.


        ENTITLED, An Act to repeal certain provisions imposing the inheritance tax and the estate tax.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 12, 2014
_______________
End Included file zY:\LMDATA\SESSIONS\89-2014\SESSIO~1\059.wpd


Start Included file |Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\060.wpd
CHAPTER 60

(HB 1200)

Bank franchise tax revisions
regarding net income and net operating losses.


        ENTITLED, An Act to revise certain bank franchise tax provisions regarding net income and net operating losses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Net operating losses or capital losses incurred prior to July 1, 1978, included in taxable income under the Internal Revenue Code;

            (2)    Interest or dividend income derived from obligations or securities of states or political subdivisions or authorities thereof not included in taxable income as determined under the Internal Revenue Code;

            (3)(2)    All income taxes paid or accrued, as the case may be, during the tax year under the provisions of chapter 10-43 or under the provisions of any income tax, or franchise or privilege taxes measured by income levied by any other state or political subdivision to the extent that such taxes were deducted to determine federal taxable income;

            (4)(3)    Bad debt deductions in excess of credits actually ascertained to be worthless and charged

off within the tax year;

            (5)(4)    Any amount subsequently received on account of a bad debt previously charged off as a deduction for tax purposes;

            (6)(5)    Any amount received as a refund of federal income taxes during the tax year if that amount was previously deducted in determining net income;

            (7)(6)    Dividends received from other corporations to the extent that such dividends have been deducted from net income as determined under the Internal Revenue Code;

            (8)    The difference obtained by subtracting net income under the accrual method of accounting from net income under the cash method of accounting. If the difference is less than zero then the provisions of § 10-43-10.3 apply. This is an optional adjustment and is available only to financial institutions first doing business in South Dakota after January 1, 1987, or to financial institutions that are required to switch from the cash method of accounting to the accrual method of accounting under § 448 of the Internal Revenue Code; and

            (9)(7)    Any capital loss from liquidating sales within the twelve-month period beginning on the date on which a financial institution adopts a plan of complete liquidation if all of the assets of the financial institution are distributed in complete liquidation less assets retained to meet claims within such the twelve-month period, or from the distribution of property in complete liquidation of the financial institution which is subject to federal corporate income taxes pursuant to § 336 of the Internal Revenue Code.

    Section 2. That § 10-43-10.3 be amended to read as follows:

    10-43-10.3. Subtracted from taxable income are:

            (1)    Interest and dividends from obligations of the United States government and its agencies which this state is prohibited by federal law or treaty from taxing by an income tax, a franchise tax, or a privilege tax;

            (2)    Dividends received from financial institutions subject to taxation under this chapter to the extent such dividends were included in taxable income as determined under the Internal Revenue Code;

            (3)    Taxes imposed upon the financial institution within the tax year, under the Internal Revenue Code excluding any taxes imposed under 26 USC § 1374 and 26 USC § 1375;

            (4)    Additional depreciation expenses to provide for the amortization of the excess, if any, of the remaining undepreciated tax basis as determined under the provisions of this chapter, over the depreciable basis as determined for federal tax purposes. Such excess shall be determined as of January 1, 1977, or on the first day of the first taxable year starting after January 1, 1977, and amortized over the remaining depreciable life of that asset or group of assets;

            (5)    Any interest expense described in §§ 291(e)(1)(B) and 265(b) of the Internal Revenue Code, which interest expense shall be deductible;

            (6)    The difference obtained by subtracting net income under the cash method of accounting from net income under the accrual method of accounting. If the difference is less than zero then the provisions of § 10-43-10.2 apply. This is an optional adjustment and is available only to financial institutions first doing business in South Dakota after January 1, 1987, or to financial institutions that are required to switch from the cash method of accounting to the accrual method of accounting under § 448 of the Internal Revenue

Code;

            (7)    Any meal expense and entertainment expense disallowed under § 274(n) of the Internal Revenue Code;

            (8)(5)    Any capital gain from liquidating sales within the twelve-month period beginning on the date on which a financial institution adopts a plan of complete liquidation if all of the assets of the financial institution are distributed in complete liquidation less assets retained to meet claims within such the twelve-month period, or from the distribution of property in complete liquidation of the financial institution which is subject to federal corporate income taxes pursuant to § 336 of the Internal Revenue Code;

            (9)(6)    Any adjustment to taxable income due to a change in the method used to compute the federal bad debt deduction where the adjustment has already been included in taxable income for purposes of the tax imposed by this chapter;

            (10)(7)    For those financial institutions making an election pursuant to 26 USC § 1362(a), as amended, and in effect on January 1, 1997, imputed federal income taxes in an amount equal to the taxes that would have been paid on net income as defined in § 10-43-10.1 had the financial institution continued to file its federal tax return without making an election to file pursuant to 26 USC § 1362(a).; and

            (11)(8)    For those financial institutions organized as limited liability companies, imputed federal income taxes in an amount equal to the taxes that would have been paid on net income as defined in § 10-43-10.1 had the financial institution elected to file as a subchapter C corporation under the Internal Revenue Code.

    Section 3. That § 10-43-10.4 be amended to read as follows:

    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:

    A deduction may be made for a carryforward of a net operating loss or capital loss. The deduction is limited to the seven tax years immediately following the tax year of the loss. Net income may not be less than zero prior to making the adjustments provided for in §§ 10-43-10.2 and 10-43-10.3 because of a deduction taken for losses not incurred during the tax year for which the return is being filed.

    The provisions of this section only apply to net operating losses or capital losses incurred on or after January 1, 2015.

    Section 5. That ARSD 64:26:03:12 be repealed.

    Section 6. The effective date of this Act is January 1, 2015.

     Signed March 10, 2014
_______________
End Included file |Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\060.wpd



Start Included file ~Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\061.wpd
CHAPTER 61

(HB 1201)

Bank franchise tax apportionment of income revised.


        ENTITLED, An Act to revise the bank franchise tax apportionment of income provisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The individual's service is performed entirely within this state; or

            (2)    The individual's service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state; or

            (3)    Some of the individual's service is performed in the state and:

            (a)    The base of operations, or if there is no base of operations, the place from which the individual's service is directed or controlled, is in this state; or

            (b)    The base of operations or place from which the individual's service is directed or controlled is not in any state in which some part of the individual's service is performed, but the individual's residence is in this state.

    Section 4. That § 10-43-24.3 be repealed.

    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:



    10-43-25.2. Interest, fees and penalties in the nature of interest, discount, and net gain from loans, including federal funds sold and acceptances, and other installment obligations shall be included in the numerator specified in § 10-43-25.1 if as follows:

            (1)    The loan was applied for by the borrower at an office of the financial institution, located in South Dakota; or numerator of the receipts factor includes interest and fees or penalties in the nature of interest from loans secured by real property if the property is located within this state. If the property is located both within this state and one or more other states, the receipts described in this subdivision are included in the numerator of the receipts factor if more than fifty percent of the fair market value of the real property is located within this state. If more than fifty percent of the fair market value of the real property is not located within any one state, the receipts described in this subdivision shall be included in the numerator of the receipts factor if the borrower's billing address is located in this state;

            (2)    The loan was purchased, or involved in participation or other pooling arrangement, and the office of the financial institution which made the purchase or entered into the participation is in South Dakota; or numerator of the receipts factor includes interest and fees or penalties in the nature of interest from loans not secured by real property if the borrower's billing address is located in this state;

            (3)    The loan was solicited by an employee of the financial institution, and such employee is located in South Dakota or the office out of which he operates is located in South Dakota numerator of the receipts factor includes net gains (but not less than zero) from the sale of loans secured by real property multiplied by a fraction, the numerator of which is the amount included in the numerator of the receipts factor pursuant to subdivision (1) of this section and the denominator of which is the total amount of interest and fees or penalties in the nature of interest from loans secured by real property;

            (4)    The numerator of the receipts factor includes net gains (but not less than zero) from the sale of loans not secured by real property multiplied by a fraction, the numerator of which is the amount included in the numerator of the receipts factor pursuant to subdivision (2) of this section and the denominator of which is the total amount of interest and fees or penalties in the nature of interest from loans not secured by real property;

            (5)    The numerator of the receipts factor includes interest and fees or penalties in the nature of interest from credit card receivables and receipts from fees charged to card holders, such as annual fees, if the billing address of the card holder is in this state; and

            (6)    The numerator of the receipts factor includes net gains (but not less than zero) from the sale of credit card receivables multiplied by a fraction, the numerator of which is the amount included in the numerator of the receipts factor pursuant to subdivision (5) of this section and the denominator of which is the total amount of interest and fees or penalties in the nature of interest from credit card receivables and fees charged to card holders.

    Section 7. That § 10-43-25.3 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:

            (1)    Loans secured primarily by real property or tangible personal property located in this state; or

            (2)    Loans made to customers located in this state, which are not secured by real property or tangible personal property; or

            (3)    Credit card receivables from customers in this state.

    Section 13. That § 10-43-25.9 be amended to read as follows:

    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.

     Signed March 14, 2014
_______________
End Included file ~Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\061.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\062.wpd
CHAPTER 62

(HB 1070)

Sunset certain tax refund claims for an economic development.


        ENTITLED, An Act to sunset certain tax refund claims for an economic development incentive program that has been previously terminated and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding any other provision of this chapter, this section and this Act controls the winding-up of tax refunds for construction of agricultural processing and new business facilities system set forth in this chapter.

    Any entity that holds a permit issued pursuant to § 10-45B-6 shall file its final claim for refund for the project set forth in the permit with the department before May 1, 2014. When filing its final claim for refund, the entity shall file all documents and records necessary to process the final claim for refund. If an entity does not file its final claim for refund before May 1, 2014, the claim is barred from any future refund eligibility, including any future payment of the five percent refund withheld as required by § 10-45B-8.

    Upon receipt of the final claim for refund pursuant to this section, the department shall review the final claim for refund within sixty days of filing. If the department requests any additional document or record from the entity on or after May 1, 2014, the entity shall provide the additional document or record within thirty days. No document or record received after this thirty day period may be considered by the department, and any such document or record is barred from any future consideration. If the department requests any additional document or record from the entity on or after May 1, 2014, the department shall review the final claim for refund within sixty days of receipt of the additional document or record.

    No final claim for refund may be submitted or paid pursuant to this section if the claim for refund has otherwise been barred from payment by the provisions of this chapter.

    The department has no legal authority to issue any refund pursuant to chapter 10-45B or this Act on or after September 1, 2014, except for the authority to pay the five percent refund withheld as required by § 10-45B-8 and except for the authority to pay any refund that is subject to pending litigation.

    Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    All money remaining in any account or fund to make the payment of any refund required by chapter 10-45B or this Act on September 1, 2014, except for any funds necessary to pay the five percent refund withheld as required by § 10-45B-8 and except for any funds necessary to pay any refund that is subject to pending litigation, shall be transferred to the state general fund.

    Section 3. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

    The provisions of chapter 10-45B and this Act shall be repealed on July 1, 2015.

    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.

     Signed February 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\062.wpd


Start Included file -Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\063.wpd
CHAPTER 63

(SB 55)

Contractor's excise tax
on new or expanded power production facilities repealed.


        ENTITLED, An Act to repeal the contractor's excise tax on certain new or expanded power production facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 6, 2014
_______________
End Included file -Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\063.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\064.wpd
CHAPTER 64

(SB 93)

Certain gas taxes revised.


        ENTITLED, An Act to define liquid natural gas, to revise certain provisions regarding the collection of the motor fuel tax, and to apply motor fuel tax to all fuels used to propel a motor vehicle.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 10-47B-3 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    "Liquid natural gas," natural gas which has been cooled to approximately -260 degrees Fahrenheit and is in a liquid state, for use as a motor vehicle fuel and which for purposes of taxation as a motor vehicle fuel, shall be converted to equivalent liquid gallons of gasoline at the rate of 1.5536 gallons of liquid natural gas to equal one volumetric gross gallon of gasoline;

    Section 2. That § 10-47B-3 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    "Liquid natural gas vendor," any person engaged in the business of selling liquid natural gas for use in the engine fuel supply tanks of motor vehicles;

    Section 3. That subdivision (6) of § 10-47B-3 be amended to read as follows:

            (6)    "Compressed natural gas," natural gas which has been compressed, but not to a liquid state, for use as a motor vehicle fuel and which for purposes of taxation as a motor vehicle fuel, shall be converted to equivalent liquid gallons of gasoline at the rate of one hundred twenty 126.67 cubic feet of natural gas as its natural service delivery line pressure to equal one volumetric gross gallon of gasoline;

    Section 4. That subdivision (15) of § 10-47B-3 be amended to read as follows:

            (15)    "Gallon," for purposes of fuel taxation, a United States gallon measured on a gross volume basis. Temperature adjusted or net gallons of measurement are not acceptable as units of measurement for taxation purposes unless used for the calculation of liquid petroleum gas or, compressed natural gas, or liquid natural gas;

    Section 5. That subdivision (39) of § 10-47B-3 be amended to read as follows:

            (39)    "Special fuel," all combustible gases and liquids that are:

            (a)    Suitable for the generation of power in an internal combustion engine or motor; or

            (b)    Used exclusively for heating, industrial, or farm purposes other than for the operation of a motor vehicle.

                The term includes diesel fuel, fuel oil, heating fuel, biodiesel, all special fuel blends, and all kerosene products except K-1. The term does not include motor fuel, liquid petroleum gas, liquid natural gas, compressed natural gas, or natural gas which is not compressed natural gas. The term, special use fuel, is synonymous with the term, special fuel;

    Section 6. 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:

            (1)    Motor fuel (except ethyl alcohol, methyl alcohol, and aviation gasoline)--$.22 per gallon;

            (2)    Special fuel (except jet fuel)--$.22 per gallon;

            (3)    Aviation gasoline--$.06 per gallon;

            (4)    Jet fuel--$.04 per gallon;

            (5)    Liquid petroleum gas--$.20 per gallon;

            (6)    Compressed natural gas--$.10 per gallon;

            (7)    Ethyl alcohol and methyl alcohol--$.08 per gallon;

            (8)    Liquid natural gas--$.14 per gallon.

    Section 7. That section 12 of chapter 55 of the 2009 Session Laws be amended to read 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:

            (1)    Motor fuel (except ethanol blends, biodiesel, biodiesel blends, E85 and M85 blends ethyl alcohol, methyl alcohol, and aviation gasoline)--$.22 per gallon;

            (2)    Special fuel (except jet fuel)--$.22 per gallon;

            (3)    Ethanol blends--$.20 per gallon;

            (4)    Aviation gasoline--$.06 per gallon;

            (5)(4)    Jet fuel--$.04 per gallon;

            (6)    E85 and M85--$.10 per gallon;

            (7)    E85 and M85 used in aircraft--$.04 per gallon;

            (8)(5)    Liquid petroleum gas--$.20 per gallon;

            (9)(6)    Compressed natural gas--$.10 per gallon;

    (7)    Ethyl alcohol and methyl alcohol--$.08 per gallon;

            (10)(8)    Biodiesel and biodiesel blends_$.20 per gallon;

            (9)    Liquid natural gas--$.14 per gallon.

    Section 8. That § 10-47B-11 be amended to read 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:


    Any person acting in this state as a liquid natural gas vendor shall be licensed as a liquid natural gas vendor.

    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:

            (1)    The number of gallons of liquid petroleum gas sold upon which fuel tax was charged;

            (2)    The number of gallons of liquid petroleum gas sold upon which sales tax was charged; and

            (3)    The number of gallons of compressed natural gas sold upon which fuel tax was charged. Compressed natural gas sold for use in motor vehicles shall be metered separately from other sales; and

            (4)    The number of gallons of liquid natural gas sold upon which fuel tax was charged. Liquid natural gas sold for use in motor vehicles shall be metered separately from other sales.

    Section 13. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as follows:

    This section applies to any fuel that is not specifically taxed by this chapter that is used to propel a motor vehicle on the highways of this state. For the purposes of this section, fuel means any solid, liquid, or gas, or any combination thereof, that is consumed by the motor vehicle to propel the motor vehicle on the highways of this state that is not otherwise taxed by this chapter.

    A fuel excise tax is imposed on all fuel as defined by this section. The fuel excise tax is imposed at the equivalent rate of $.22 per 116,090 BTU of energy of the fuel, which is the equivalent energy of a gallon of gasoline. The owner or operator of the motor vehicle shall remit the tax imposed by this section.

    The owner or operator of the motor vehicle shall report to the department the type of fuel used to propel the motor vehicle, the amount of fuel used to propel the motor vehicle, the miles driven by the motor vehicle, and any other information that the secretary may require. The report shall be on a form provided by the department and shall be filed on a monthly basis by electronic means on an electronic reporting system furnished by the department. The report required by this section shall be filed with respect to information for the preceding monthly period by electronic means on or before the twenty-third day of the month following each monthly period. If the twenty-third day of the month falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day on which the Federal Reserve Bank is closed, the report is due on the next succeeding day that is not a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day on which the Federal Reserve Bank is closed.

    All tax required to be remitted by this section is due and payable by electronic transfer on or before the second to the last day of the month following each monthly period. For the purpose of remitting any tax by electronic transfer pursuant to this section, the last day and the second to the last day of the month means the last day and the second to the last day of the month which is not a

Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day on which the Federal Reserve Bank is closed.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\064.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\065.wpd
CHAPTER 65

(SB 51)

Roll your own tobacco regulated.


        ENTITLED, An Act to revise certain provisions regarding the regulation of tobacco.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    A violation of this section is a Class 2 misdemeanor. Any subsequent violation is a Class 6 felony.

    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.

    Any licensed distributor or licensed wholesaler who has paid tax pursuant to this section and subsequently sells the tobacco products to another licensed distributor or licensed wholesaler for resale, or sells the tobacco products outside of this state, shall receive a credit for the tax paid pursuant to this section on such tobacco products.

    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.

    The product produced by the a roll-your-own machine as described in this section is deemed to be a cigarette that was sold to a consumer for purposes of this chapter and chapter 10-50B. The product produced by the machine shall comply with the provisions of chapter 34-49 by July 1, 2014.

    Section 7. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

    Only tobacco products that are included in the directory published pursuant to § 10-50-77 may be inserted into a roll-your-own machine as described in § 10-50-105.

    Section 8. That chapter 10-50 be amended by adding thereto a NEW SECTION to read as follows:

    Any tobacco products found at any place in this state that were purchased from any person other than a licensed distributor or licenced wholesaler, and that have not had the proper tax paid pursuant to § 10-50-61, are declared to be contraband goods and may be seized by the secretary, the secretary's agents or employees, or by any law enforcement of this state if directed by the secretary to do so, without a warrant. Any tobacco products seized pursuant to this section shall be forfeited to the state and destroyed.

    Section 9. That § 34-49-1 be amended to read as follows:

    34-49-1. Terms used in this chapter mean:

            (1)    "Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" includes cigarettes sold under a brand name, whether that name is used alone, or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern or colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarette;

            (2)    "Cigarette," any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette, including cigarettes made by a roll-your-own machine as described in § 10-50-105;

            (3)    "Dealer," or "retailer," any person other than a distributor or wholesaler who is engaged in this state in the business of selling cigarettes or tobacco products at retail;

            (4)    "Distributor," any person engaged in this state in the business of producing or manufacturing cigarettes, or importing into the state cigarettes, at least seventy-five percent of which are purchased directly from the manufacturers thereof;

            (5)    "Manufacturer," any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer or any entity that becomes a successor of a manufacturer. The term includes any person deemed to be a manufacturer pursuant to § 10-50-105;

            (6)    "Person," any individual, firm, fiduciary, partnership, limited liability company, corporation, trust, or association;

            (7)    "Quality control and quality assurance program," the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in § 34-49-2 for all test trials used to certify cigarettes in accordance with this chapter;

            (8)    "Repeatability," the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;

            (9)    "Sale," any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales;

            (10)    "Secretary," the secretary of revenue;

            (11)    "Sell," to sell, or to offer or agree to do the same;

            (12)    "State fire marshal," the state fire marshal designated pursuant to chapter 34-29B.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\065.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\066.wpd
CHAPTER 66

(SB 176)

Secretary of the Department of Revenue may reduce or abate taxes.


        ENTITLED, An Act to revise the ability of the secretary of the Department of Revenue to reduce or abate taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\066.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\067.wpd
CHAPTER 67

(SB 56)

Auditing standards updated.


        ENTITLED, An Act to revise certain provisions regarding auditing standards used by the Department of Revenue.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\067.wpd

PLANNING, ZONING AND HOUSING PROGRAMS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\068.wpd
CHAPTER 68

(HB 1091)

Property maintenance code for counties and municipalities.


        ENTITLED, An Act to allow municipalities and counties to adopt a property maintenance code.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 11-10 be amended by adding thereto a NEW SECTION to read as follows:

    If the governing body of any local unit of government adopts any ordinance prescribing standards for maintenance of existing structures and premises, the ordinance shall comply with the 2012 edition of the International Property Maintenance Code as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Property Maintenance Code before enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body, and are effective upon their adoption and filing with the county auditor. However, no ordinance may impose standards that conflict with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction for manufactured homes as defined in chapter 32-7A.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\068.wpd

ELECTIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\069.wpd
CHAPTER 69

(HB 1096)

Initiated measure or referendum petitions may be challenged.


        ENTITLED, An Act to revise certain provisions regarding the challenging of certain election petitions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\069.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\070.wpd
CHAPTER 70

(SB 35)

An election may be delayed for an emergency.


        ENTITLED, An Act to revise the conditions for which certain elections may be delayed for an emergency situation and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    No earlier than twenty-four hours before the polls open, the person in charge of the election may call a special emergency meeting, pursuant to §§ 1-25-1 and 1-25-1.1, of the local governing board to postpone any election, except a primary or general election, for one week if the weather conditions put into question the opening of a polling place. The polling place shall then remain open for the same number of hours as it would normally have been open. Absentee voting shall continue pursuant to chapter 12-19.

    Section 3. That chapter 12-2 be amended by adding thereto a NEW SECTION to read as follows:

    The person in charge of the election shall use any and all means necessary to notify the voters in the jurisdiction of the postponement of an election pursuant to this chapter. If the postponement misses the deadline for the official newspaper, a notice shall be posted in three of the most public places within the jurisdiction.

    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.

     Signed February 19, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\070.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\071.wpd
CHAPTER 71

(HB 1074)

Certain actions prohibited near polling places.


        ENTITLED, An Act to revise certain provisions concerning actions prohibited near polling places.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\071.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\072.wpd
CHAPTER 72

(SB 34)

Absentee ballot requirements changed.


        ENTITLED, An Act to revise certain provisions concerning applications for absentee ballot and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    If 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 register to vote through the system provided by the Office of the Secretary of State.

    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.

     Signed February 19, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\072.wpd

EDUCATION

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\073.wpd
CHAPTER 73

(HB 1021)

Contested case to include student discipline.


        ENTITLED, An Act to provide for judicial review of Board of Regents decisions involving student discipline and residency classification.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That subdivision (2) of § 1-26-1 be amended to read as follows:

            (2)    "Contested case," a proceeding, including rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing but the term does not include the proceedings relating to rule making other than rate-making, proceedings related to inmate disciplinary matters as defined in § 1-15-20, or student academic or disciplinary proceedings under the jurisdiction of the Board of Regents or complaints brought by students attending institutions controlled by the Board of Regents about their residency classification under §§ 13-53-23 to 13-53-41, inclusive;

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\073.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\074.wpd
CHAPTER 74

(SB 97)

Revoke licensure obtained through fraudulent degrees.


        ENTITLED, An Act to revoke professional or trade licensure obtained through false degrees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    To obtain employment;

            (2)    To obtain a promotion or higher compensation in employment;

            (3)    To obtain admission to postsecondary education; or

            (4)    In connection with any business, trade, profession, or occupation.

    A violation of this section is a Class 1 misdemeanor and provides cause for the revocation of any license obtained in connection with the false degree.

    For the purposes of this section, a false academic degree is a degree document, a certification of completion of a degree, coursework, or degree credit, including a transcript, that provides evidence or demonstrates completion of a course of instruction or coursework that results in the attainment of an associate degree or higher which is issued by a person or entity that is neither currently accredited by a regional, state, or national accrediting agency recognized by the United States Department of Education pursuant to 20 U.S.C. § 1099b as amended to January 1, 2008, nor has the foreign equivalent of such accreditation or the legal authority from a foreign country to issue degrees usable as educational credentials in the jurisdiction of issue. If a degree is granted in a jurisdiction without an accreditation system, or if a degree is accredited by a foreign entity and that accreditation is brought into question, that degree may be evaluated based on commonly recognized industry standards used to evaluate foreign academic credentials such as a credential evaluation and authentication report issued by: the World Education Services; an entity relied upon by South Dakota licensing boards; or South Dakota public postsecondary institutions.

    The provisions of this section do not apply to any documents issued by a religious institution that offers credit or degree solely for the purpose of conferring status or authority within that religion.

    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:

            (1)    To obtain employment;

            (2)    To obtain a promotion or higher compensation in employment;


            (3)    To obtain admission to postsecondary education; or

            (4)    In connection with any business, trade, profession, or occupation.

    A violation of this section is a Class 1 misdemeanor and provides cause for the revocation of any license obtained in connection with the false degree.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\074.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\075.wpd
CHAPTER 75

(SB 64)

Common core delay in implementation.


        ENTITLED, An Act to require a waiting period prior to the adoption of new uniform content standards and to provide for an opportunity for public comment for all new content standards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

    Prior to July 1, 2016, the Board of Education may not, pursuant to § 13-3-48, adopt any uniform content standards drafted by a multistate consortium which are intended for adoption in two or more states. However, this section does not apply to content standards whose adoption by the Board of Education was completed and finalized prior to July 1, 2014. However, nothing in this section prohibits the board from adopting standards drafted by South Dakota educators and professionals which reference uniform content standards, provided that the board has conducted at least four public hearings in regard to those standards.

    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:

    In addition to complying with the requirements of chapter 1-25, the Board of Education shall, at least thirty days prior to each public hearing, publish notice of the intent to receive public comment and testimony concerning the adoption and implementation of content standards in at least three newspapers of general circulation in different parts of the state, post the notice on the board's website, and provide the notice, via United States mail or e-mail, to each person who has, in writing,

via United States mail or e-mail, requested notice of the hearings referenced in § 13-3-89.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\075.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\076.wpd
CHAPTER 76

(SB 63)

Privacy of the records of individual students, protected.


        ENTITLED, An Act to protect the privacy of the records of individual students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Aggregate data," information from education records in which all personally identifiable information has been removed;

            (2)    "Department," the South Dakota Department of Education;

            (3)    "Disclosure," "education records," and "personally identifiable information," as defined in 34 C.F.R. § 99.3, as amended to January 1, 2014;

            (4)    "Privacy protection laws," the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g), the Protection of Pupil Rights Amendment (20 U.S.C. 1232h), the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.), and any other state or federal law relating to the confidentiality and protection of personally identifiable information, as amended to January 1, 2014.

    Section 2. That § 13-3-51 be amended 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:

    No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning:

            (1)    Political affiliations or beliefs of the student or the student's parent;

            (2)    Mental or psychological problems or aspects of the student or the student's family;

            (3)    Sex behavior or attitudes of the student or the student's family;

            (4)    Illegal, anti-social, self-incriminating, or demeaning behavior;

            (5)    Critical appraisals of other individuals with whom respondents have close family relationships;

            (6)    Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

            (7)    Religious practices, affiliations, or beliefs of the student or student's parent;

            (8)    Personal or family gun ownership; or

            (9)    Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);

without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. The list of information in subdivisions (1) to (9), inclusive, is not an exclusive list. The secretary of the Department of Education may add to the list of information in subdivisions (1) to (9), inclusive, other data, facts, or information that is of a similar nature that a student may not be required to disclose.

    The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis.

    Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. § 1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.

    Section 4. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

    The department may not, as part of any reporting requirement tied to federal funds, report personally identifiable information from education records to the United States Department of Education. However, this section does not apply to information required to be reported pursuant to 20 U.S.C. § 6398 to improve programs for migrant students.

    Section 5. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

    Personally identifiable information is confidential and is not a public record, and the department shall develop security measures and procedures intended to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Any collection, maintenance, or disclosure of education records by the department shall comply with privacy protection laws in all respects.

    Section 6. That chapter 13-3 be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act prohibits the disclosure of aggregate data if otherwise allowed by privacy protection laws.

    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.

     Signed March 13, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\076.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\077.wpd
CHAPTER 77

(HB 1071)

Minor boundary change criteria changed.


        ENTITLED, An Act to change the procedure for a minor boundary change.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

    The description of the area proposed for detachment and annexation in a petition for a minor boundary change shall include the following information:

            (1)    The potential value of the land as if the land was fully developed as determined by consideration of the current zoning, nearest municipality proposed zoning for the next ten years, nearest municipality comprehensive plan;

            (2)    Whether the potential fully developed valuation of the land will affect more than two percent of assessed valuation allowed for a minor boundary change; and

            (3)    The ownership interests in the land.

    The map of the area proposed for detachment and annexation shall include all land that is adjacent to the proposed boundary change that is owned by the petitioners that is contiguous to the land included in the proposed boundary change.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\077.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\078.wpd
CHAPTER 78

(HB 1126)

Persons authorized to countersign school board payments.


        ENTITLED, An Act to revise the persons authorized to countersign school board payments.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\078.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\079.wpd
CHAPTER 79

(SB 145)

Schools to provide instruction in cardiopulmonary resuscitation.


        ENTITLED, An Act to encourage schools to provide instruction in cardiopulmonary resuscitation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\079.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\080.wpd
CHAPTER 80

(SB 37)

State aid to education formula revised.


        ENTITLED, An Act to revise the state aid to general education formula.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

            (4)    "Per student allocation," for school fiscal year 2012 is $4,389.95 2015 is $4,764.42. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

    Section 2. That § 10-12-42 be amended to read as follows:

    10-12-42. For taxes payable in 2014 2015 and each year thereafter, the levy for the general fund of a school district shall be as follows:

            (1)    The maximum tax levy shall be nine dollars and twenty ten and six tenths cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, and owner-occupied property as provided in subdivision (3) of this section;

            (2)    The maximum tax levy on agricultural property for such school district shall be two dollars and nine one dollar and seventy-eight and two tenths cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies; and

            (3)    The maximum tax levy for an owner-occupied single-family dwelling as defined in § 10-13-40 for such school district shall be four dollars and twenty-nine and six twenty-five and two tenths cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies.

    All levies in this section shall be imposed on valuations where the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. These valuations shall be used for all school funding purposes. If the district has imposed an excess levy pursuant to § 10-12-43, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\080.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\081.wpd
CHAPTER 81

(SB 188)

Per student allocation increased.


        ENTITLED, An Act to set the per student allocation for fiscal year 2015.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

            (4)    "Per student allocation," for school fiscal year 2012 is $4,389.95 2015 is $4,781.14. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\081.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\082.wpd
CHAPTER 82

(HB 1150)

Pledge of allegiance, time allowed each day.


        ENTITLED, An Act to require that the pledge of allegiance to the flag of the United States be recited at the start of each school day in every public school classroom.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\082.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\083.wpd
CHAPTER 83

(HB 1249)

The hours in a school term for certain grade levels, specified.


        ENTITLED, An Act to revise the required hours in a school term for certain grade levels.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\083.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\084.wpd
CHAPTER 84

(HB 1164)

Start of school, opening day decision may be referred.


        ENTITLED, An Act to revise certain provisions regarding school board opening day decision petitions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\084.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\085.wpd
CHAPTER 85

(HB 1032)

Children placed in a residential treatment center,
tuition responsibility clarified.


        ENTITLED, An Act to revise certain provisions regarding children placed in residential treatment centers or intensive residential treatment centers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The school district where a residential treatment center or intensive residential treatment center is located is responsible for providing an educational program for the children who reside in the residential treatment center or intensive residential treatment center. Tuition for a child enrolled in a public school district is the responsibility of the school district where the child was enrolled at the time of placement in the residential treatment center or intensive residential treatment center. The amount of tuition paid by the resident that school district for any child placed in a residential treatment center or intensive residential treatment center who is not eligible for special education services at the time of placement shall be calculated as follows:

            (1)    Divide the current per student allocation as defined in subdivision 13-13-10.1(4) by one hundred seventy-five; and

            (2)    Multiply the result obtained in subdivision (1) by the number of days the child is placed.

    This section applies only to a residential treatment center or intensive residential treatment center that provided an educational program through a school district in the 2013-2014 school year or that initiates an educational program through a school district in a subsequent school year. This section does not apply to any placement by the Unified Judicial System, the Department of Corrections, the Department of Social Services, or any entity approved by the Department of Social Services, including a foster home.

    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.

     Signed February 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\085.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\086.wpd
CHAPTER 86

(SB 182)

Dual education credit revisions.


        ENTITLED, An Act to revise certain provisions relating to dual education credit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    If a failing final course grade is received in a postsecondary course under this section, the student receiving the failure is no longer eligible to enroll for postsecondary courses under this section absent a showing of good cause.

    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.

    However, a school district may grant credit for a distance learning course offered through an entity other than the South Dakota Virtual School if any of the following conditions apply:

            (1)    The course is provided through an agreement among accredited school districts;

            (2)    The course is a university or postsecondary technical institute course taken by a student who is dually enrolled pursuant to the provisions of § 13-28-37;

            (3)    The course was previously taken through an accredited high school or other accredited provider by a student who subsequently transferred into the school district; or

            (4)    The course is not available through the South Dakota Virtual School and is pre-approved by the secretary of education.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\086.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\087.wpd
CHAPTER 87

(HB 1033)

Open enrollment application review process for siblings modified.


        ENTITLED, An Act to revise certain provisions regarding the open enrollment application review process of siblings of open enrolled students.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The school board or the board's designee of the district in which the student desires to enroll shall approve or disapprove the application and shall notify the applicant and the resident board, if applicable, of its decision within five days of the decision. The district in which the student desires to enroll shall review the applications in the order received. However, if the applicant is a sibling of a student accepted into and currently enrolled in the district pursuant to §§  13-28-40 to 13-28-47, inclusive, that student's application shall take priority over all other applications the district has received consistent with § 13-28-44.

    Transfers to a school district other than the resident school district under the provisions of §§ 13-28-40 to 13-28-47, inclusive, may only take place prior to the last Friday in September during the first semester of any school year, and prior to the last Friday in January during the second semester of any school year. If a school district approves an application for such a transfer after the deadline in the first semester, the transfer will occur at the start of the second semester. If a school district approves an application for such a transfer after the deadline in the second semester, the transfer will occur at the start of the following school year. However, the deadlines for transfer do not apply if:

            (1)    A student is seeking to transfer to an alternative school or a specialized nonpublic educational program;

            (2)    A student enrolls in a school district after the deadline in either semester; or

            (3)    The receiving school district school board or the board's designee determines that special circumstances exist and allows a student to transfer after the deadline.

    Intradistrict transfer applications may be accepted and acted upon at any time at the board's discretion if the policies on which the transfer decisions are based are consistent with the other requirements of §§ 13-28-40 to 13-28-47, inclusive.

    An application may be withdrawn by the applicant prior to the approval of the request and upon notification of the district to which the student applied. Once approved by the district in which the student wishes to enroll, the approved application serves as the applicant's notice of intent to enroll in the nonresident district or desired school during the school year and obligates the student to attend school in the nonresident district or desired school during the school year, unless the affected school board or boards agree in writing to allow the student to transfer back to the resident district or assigned school, or unless the parents, guardians, or emancipated student change residence to another district.

    Once enrolled in a nonresident district or nonassigned school, the student may remain enrolled and is not required to resubmit annual applications.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\087.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\088.wpd
CHAPTER 88

(SB 113)

Student suspension revised.


        ENTITLED, An Act to revise the minimum suspension requirements for students participating in extracurricular activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    Upon placement of the person in an informal adjustment or court-approved diversion program, the state's attorney who placed the person in that program shall give notice of that placement to the South Dakota High School Activities Association and chief administrator of the school in which the person is participating in any extracurricular activity.

    As used in this section, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association. Students are ineligible to participate in activity events, competitions, and performances, but a local school district may allow a student to participate in practices.

    Section 2. That chapter 13-32 be amended by adding thereto a NEW SECTION to read as follows:

    No local school board may impose a lesser consequence than those established in § 13-32-9, but a local school district may adopt a policy, by local school board action, with more strict consequences to meet the needs of the district.

    Section 3. That chapter 13-32 be amended by adding thereto a NEW SECTION to read as follows:

    If a suspension is reduced pursuant to § 13-32-9, a suspension for a first offense shall make the student ineligible for a minimum of two South Dakota High School Activities Association sanctioned events upon completion of the reduced suspension period. If a suspension is reduced pursuant to § 13-32-9, a suspension for a second offense shall make the student ineligible for a minimum of six South Dakota High School Activities Association sanctioned events upon completion of the reduced suspension period. To count toward the minimum number of events the student must participate in the entire activity season and may not drop out or quit the activity to avoid suspension and the failure of a student to complete the entire activity season shall result in the student being ineligible for one year from the date of adjudication, conviction, the subject of an internal adjustment or court approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency. A suspension that is not completed by the student during one activity season shall carry over to the next activity season in which the student participates.

    A suspension begins on the day following the notification to a school administrator by the Unified Judicial System that a student has been adjudicated, convicted, the subject of an informal

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.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\088.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\089.wpd
CHAPTER 89

(HB 1167)

Schools may maintain a stock
and administer epinephrine auto-injectors.


        ENTITLED, An Act to allow schools to maintain a stock and to administer epinephrine auto-injectors in certain cases.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school;

            (2)    Administer an epinephrine auto-injector to any student during school hours if the school nurse or designated school personnel believe that the student is experiencing anaphylaxis in accordance with a standing protocol from an authorized health care provider, regardless of whether a student has a prescription for an epinephrine auto-injector or has been diagnosed with an allergy.

    Section 4. Prior to administering an epinephrine auto-injector made available by the school, each designated school personnel shall be trained by a licensed health care professional:

            (1)    To recognize the symptoms of a severe allergy or anaphylactic reaction;

            (2)    To know the procedure for the administration of an epinephrine auto-injector;

            (3)    To know the procedure for storage of an epinephrine auto-injector; and

            (4)    To know the emergency care and aftercare for a student who has an allergic or anaphylactic reaction.

    Section 5. No school district, administrator, school board, school nurse, or designated school

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.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\089.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\090.wpd
CHAPTER 90

(SB 90)

The High School Activities Association, regulated.


        ENTITLED, An Act to revise certain provisions related to the High School Activities Association.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    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;

            (2)    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;

            (3)    The report of any audit required by § 13-26-5 is made public on the association's website as well as the Department of Legislative Audit's website;

            (4)    The association complies with the provisions of chapter 1-25 and chapter 1-27. However, any such association, and its employees, meetings, and records, are afforded the same exemptions and protections as a political subdivision or public body is provided under chapter 1-25 and chapter 1-27; and

            (5)    The association shall report to the Government Operations and Audit Committee annually, or at the call of the chair.

    The governing body of a nonpublic school, approved and accredited by the secretary of the Department of Education, or the North Central Association Commission on Accreditation and School Improvement (NCA CASI), or the Association of Christian Schools International (ACSI),

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.

    Any association which complies with this section may exercise the control, supervision, and regulation of interscholastic activities, including interscholastic athletic events of member schools. Such association may promulgate reasonable uniform rules, to make decisions and to provide and enforce reasonable penalties for the violation of such rules.

    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:

            (1)    Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor;

            (2)    Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

            (3)    Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

            (4)    Preparing for contract negotiations or negotiating with employees or employee representatives;

            (5)    Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business.

However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\090.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\091.wpd
CHAPTER 91

(SB 38)

Special education state aid formula revised.


        ENTITLED, An Act to revise the state aid to special education formula.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    "Level one disability," a mild disability;

            (2)    "Level two disability," cognitive disability or emotional disorder;

            (3)    "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

            (4)    "Level four disability," autism;

            (5)    "Level five disability," multiple disabilities;

            (5A)    "Level six disability," prolonged assistance;

            (6)    "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

            (7)    "Local effort," shall be calculated for taxes payable in 2014 2015 and thereafter using a special education levy of one dollar and thirty-five and two twenty-seven and eight tenths cents per one thousand dollars of valuation;

            (8)    "Allocation for a student with a level one disability," for the school fiscal year beginning

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;

            (9)    "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 2012 2014, is $11,124 $11,801.45. For each school year thereafter, the allocation for a student with a level two disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

            (10)    "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 2012 2014, is $14,788 $15,688.59. For each school year thereafter, the allocation for a student with a level three disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

            (11)    "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 2012 2014, is $13,204 $14,008.12. For each school year thereafter, the allocation for a student with a level four disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

            (12)    "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 2012 2014, is $19,993 $21,210.57. For each school year thereafter, the allocation for a student with a level five disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

            (12A)    "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, 2012 2014, is $7,205 $7,643.78. For each school year thereafter, the allocation for a student with a level six disability shall be the previous fiscal year's allocation for such child increased by the lesser of the index factor or three percent;

            (13)    "Child count," is the number of students in need of special education or special education and related services according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 submitted to the Department of Education in accordance with rules promulgated pursuant to § 13-37-1.1;

            (14)    "Fall enrollment," the number of kindergarten through twelfth grade pupils enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except any nonresident student who is in the care and custody of a state agency and is attending a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition;

            (15)    "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

            (16)    "Nonpublic fall enrollment," until June 30, 2008, the number of children under age sixteen, and beginning July 1, 2009, the number of children under age eighteen, who are approved for alternative instruction pursuant to § 13-27-2 on the last Friday of September of the previous school year plus:

            (a)    For nonpublic schools located within the boundaries of a public school district with a fall enrollment of six hundred or more on the last Friday of September of the previous school year, the number of kindergarten through twelfth grade pupils enrolled on the last Friday of September of the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

            (b)    For nonpublic schools located within the boundaries of a public school district with a fall enrollment of less than six hundred on the last Friday of September of the previous school year, the number of resident kindergarten through twelfth grade pupils enrolled on the last Friday of September of the previous school year in all nonpublic schools located within the State of South Dakota;

            (17)    "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;

            (18)    "Local need," an amount to be determined as follows:

            (a)    Multiply the special education fall enrollment by 0.1004 and multiply the result by the allocation for a student with a level one disability;

            (b)    Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;

            (c)    Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;

            (d)    Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;

            (e)    Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;

            (f)    Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;

            (g)    When calculating local need at the statewide level, include the amount set aside for extraordinary costs defined in § 13-37-40;

            (h)    Sum the results of (a) to (g), inclusive;

            (19)    "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.352 $1.278. The maximum effort factor is 1.0.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\091.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\092.wpd
CHAPTER 92

(HB 1031)

Autism spectrum disorder defined for state aid.


        ENTITLED, An Act to revise certain provisions related to the definition of and the diagnosing of autism and to revise the definition of a level five disability for purposes of state aid for special education funding.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\092.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\093.wpd
CHAPTER 93

(HB 1142)

Local and state support for postsecondary technical institutes,
and an appropriation.


        ENTITLED, An Act to enhance the support for public postsecondary technical institutes, to transfer certain funds, to make an appropriation therefor, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 9-21 be amended by adding thereto a NEW SECTION to read as follows:

    The governing body of a municipality may contribute sums of money to provide general operating and capital support to any postsecondary technical institute and other career and technical education purposes. The funds necessary to execute this section may be appropriated out of the municipal general fund, the capital outlay fund, or both.

    Section 2. That chapter 7-18 be amended by adding thereto a NEW SECTION to read as follows:

    Any county of this state may, through its county commissioners, contribute sums of money to provide general operating and capital support to any postsecondary technical institute and other career and technical education purposes. The funds necessary to execute this section may be appropriated from the county general fund, the capital outlay fund, or both.

    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.



    Section 4. That § 13-39-38 be amended to read as follows:

    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:

    Any postsecondary technical institute, LEA school district or school districts, or any combination of them that established a postsecondary technical institute may modify the postsecondary technical institute's governing board, the procedure for selecting the governing board members and may determine whether to establish the postsecondary technical institute as a distinct separate LEA, which shall be an LEA and a public body under chapter 1-16A. Upon establishment of such a separate LEA, the school district shall assign to, and the newly established separate LEA shall expressly assume, all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized under §§ 13-39-66 to 13-39-71, inclusive, and any and all instruments and other agreements related thereto.

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\093.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\094.wpd
CHAPTER 94

(HB 1030)

Teacher evaluation records are confidential.


        ENTITLED, An Act to provide for the confidentiality of certain evaluation data.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as follows:

    Any record or document, regardless of physical form, created by a public school, public school district, or any other school in connection with the evaluation of an individual teacher, principal, or other school employee constitutes personnel information and is not open to inspection or copying pursuant to subdivision 1-27-1.5(7).

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\094.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\095.wpd
CHAPTER 95

(HB 1181)

Certification of health for a school employee, required.


        ENTITLED, An Act to allow for the requirement of a certification of health from an employee of a school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-43 be amended by adding thereto a NEW SECTION to read as follows:

    If, at any time, there is reasonable cause to believe that an employee is suffering from a mental or physical condition that could be detrimental to the health or safety of the employee, any student, or any other employee, the superintendent may require a certification of health. The expense of obtaining such certifications of health shall be borne by the school.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\095.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\096.wpd
CHAPTER 96

(HB 1019)

A multistate state authorization reciprocity agreement
for distance education activities.


        ENTITLED, An Act to provide certain provisions regarding the requirements for postsecondary institutions to participate in a multistate state authorization reciprocity agreement for distance education activities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as follows:

    The secretary of state and the attorney general shall provide information requested by the Board of Regents in order to carry out administrative, oversight, information sharing, and reporting responsibilities on behalf of South Dakota under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013. With respect to any postsecondary institution authorized under this chapter that is not controlled by the Board of Regents, the information requested by the Board of Regents from the secretary of state and the attorney general may not exceed that which is specifically required for a postsecondary institution to receive reciprocal authorizations to conduct distance education activities in other states under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013.

    Section 2. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as follows:

    For the purposes of this chapter, physical location in this state, means the ongoing occupation of a physical location in South Dakota for instructional purposes or the maintenance of an administrative office to facilitate instruction. The following activities do not constitute the use of a physical location in this state: delivering of distance education courses online, through correspondence or broadcast; advertising; recruiting; contractual arrangements to acquire goods or services, including educational or examination proctoring services, with institutions or businesses physically located in South Dakota; courses delivered on military installations by an accredited institution limited to active and reserve military personnel, dependents of military personnel, and civilian employees of the military installation; field trips; operation of a server or other electronic service device; short courses (twenty classroom hours or less, or the equivalent thereof); courses for which fewer than twenty-five percent of class requirements take place in a setting where the instructor and students physically meet together; and experiential learning opportunities, such as a clinical, practicum, residency, or internship, if the offering institution has already obtained all the necessary professional and licensure approvals necessary to conduct the learning opportunity in the state, and that only ten students from each institution are physically present simultaneously at a single field site.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\096.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\097.wpd
CHAPTER 97

(HB 1029)

Hagen-Harvey memorial scholarship requirements changed.


        ENTITLED, An Act to revise certain requirements regarding the Richard Hagen-Minerva Harvey memorial scholarship program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Not less than one thousand dollars for the first year of attendance;

            (2)    Not less than one thousand dollars for the second year of attendance;

            (3)    Not less than one thousand five hundred dollars for the third year of attendance; and

            (4)    Not less than two thousand five hundred dollars for the fourth year of attendance.

    However, the total amount of awards in any year may not invade the principal investment referenced in § 13-55-37.

    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:

            (1)    Maintain a cumulative 2.5 grade point average on a 4.0 grade point scale;

            (2)    Be continuously enrolled for the fall and spring semesters in a public or nonpublic accredited university, college, or technical institution;

            (3)    Complete the equivalent of at least fourteen twelve credit hours of instruction per semester; and

            (4)    Enroll in a public or nonpublic accredited university, college, or technical institution no later than the fall semester after the scholarship has been awarded.

    If factors beyond the control of a student who has been awarded a Richard Hagen-Minerva Harvey memorial scholarship prevent the student from meeting the requirements in this section, the board may temporarily waive the requirements of this section as eligibility criteria. The board may rescind a scholarship award if the student does not maintain eligibility as prescribed by this section.

    Section 4. That chapter 13-55 be amended by adding thereto a NEW SECTION to read as follows:


    The board shall determine the number of scholarships to award each year pursuant to the requirements of §§ 13-55-39 to 13-55-42, inclusive.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\097.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\098.wpd
CHAPTER 98

(HB 1022)

Spearfish, Board of Regents may purchase property.


        ENTITLED, An Act to authorize the Board of Regents to purchase improved property in Spearfish and to make an appropriation therefor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\098.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\099.wpd
CHAPTER 99

(HB 1112)

Swine teaching and research facilities appropriation.


        ENTITLED, An Act to appropriate general funds and higher education facility funds to replace a portion of the other funds appropriated for the construction of swine teaching and research facilities at South Dakota State University and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That section 2 of chapter 82 of the 2013 Session Laws be amended to read as follows:

    Section 2. There is hereby appropriated the sum of five million five hundred twenty thousand dollars ($5,520,000) two million thirty-seven thousand dollars ($2,037,000) from the general fund, one million dollars ($1,000,000) from the higher education facilities fund, and two million four hundred eighty-three thousand dollars ($2,483,000), or so much thereof as may be necessary, in other fund expenditure authority payable from funds donated and accepted for the purposes of this Act, to the Board of Regents for the project authorized by this Act.

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\099.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\100.wpd
CHAPTER 100

(HB 1175)

Board of Regents may expand university facilities
at the University of South Dakota, and an appropriation.


        ENTITLED, An Act to authorize the Board of Regents to expand university facilities at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\100.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\101.wpd
CHAPTER 101

(SB 16)

Board of Regents may purchase certain property
in Brookings, South Dakota.


        ENTITLED, An Act to authorize the Board of Regents to purchase improved real property in

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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\101.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\102.wpd
CHAPTER 102

(SB 17)

Board of Regents may purchase certain improved real property
in Brookings, South Dakota.


        ENTITLED, An Act to authorize the Board of Regents to purchase improved real property in the city of Brookings 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 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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\102.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\103.wpd
CHAPTER 103

(SB 18)

Board of Regents may construct a greenhouse
at Northern State University.


        ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a greenhouse on the campus of Northern State University 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 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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\103.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\104.wpd
CHAPTER 104

(SB 20)

Board of Regents may demolish certain buildings
at South Dakota State University.


        ENTITLED, An Act to authorize the Board of Regents to demolish buildings on the campus of South Dakota State University 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 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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\104.wpd

COURTS AND JUDICIARY

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\105.wpd
CHAPTER 105

(HB 1063)

Revise certain provisions relating to selection of jurors.


        ENTITLED, An Act to revise certain provisions relating to jury selection.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The board of jury selectors clerk of courts shall record with the list of jurors the reasons for disqualification of any person stricken from the master jury list.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\105.wpd

OATHS AND ACKNOWLEDGMENTS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\106.wpd
CHAPTER 106

(SB 78)

Obsolete provisions
regarding the Commissioner of South Dakota repealed.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Commissioner of South Dakota.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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 4. That § 18-2-4 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.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\106.wpd

PERSONAL RIGHTS AND OBLIGATIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\107.wpd
CHAPTER 107

(HB 1161)

A cause of action for wrongful human trafficking.


        ENTITLED, An Act to establish a cause of action for wrongful human trafficking.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\107.wpd

JUDICIAL REMEDIES

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\108.wpd
CHAPTER 108

(HB 1125)

Judicial remedies revised.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding judicial remedies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 21-1-11 be repealed.

    Section 2. That § 21-1-13 be repealed.


    Section 3. That § 21-10-21 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.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\108.wpd

CRIMES

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\109.wpd
CHAPTER 109

(SB 25)

Personal property may be forfeited
in certain child pornography and human trafficking cases.


        ENTITLED, An Act to establish the procedure to forfeit personal property in child pornography, human trafficking, child solicitation or exploitation cases, and to direct money from the forfeitures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any photograph, film, videotape, book, digital media or visual depiction that has been manufactured, distributed, purchased, possessed, acquired, or received in violation of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;

            (2)    Any material, product, and equipment of any kind that is used or intended for use in manufacturing, processing, publishing, selling, possessing, or distributing any visual depiction proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;

            (3)    Any property that is used, or intended for use, as a container for property described in subdivisions (1) and (2) of this section, including any computers and digital media;

            (4)    Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or conceal, or that is used, or intended for use, to transport, or in any manner facilitate the transportation, sale, receipt, possession or concealment of any visual depiction any activity proscribed 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;

            (5)    Any book, record, and research, including microfilm, tape, and data that is used, or intended for use, in 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;

            (6)    Any funds or other things of value used for the purposes of unlawfully purchasing, attempting to purchase, distributing, or attempting to acquire or distribute any visual depiction carrying out any activity 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;

            (7)    Any asset, interest, profit, income, and proceed acquired or derived from the unlawful sale or purchase, attempted sale or purchase, distribution, or attempted distribution of any visual depiction activity 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.

    Any property described in subdivision (1) of this section shall be deemed contraband and shall be summarily forfeited to the state. Any other property seized and forfeited shall be used to reimburse the actual costs of the criminal investigation and prosecution. Any amount over and above the amount necessary to reimburse for the investigation and prosecution shall be used to satisfy any civil judgments received by victims. The attorney general shall promulgate rules, pursuant to chapter 1-26, to implement the distribution of seized and forfeited assets. All remaining proceeds from the sale of any forfeited property shall be paid into the South Dakota internet crimes against children fund.

    Section 2. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding the provisions of subdivision 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of sections 4 to 16, inclusive, of this Act, unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of this chapter.

    Section 3. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding the provisions of subdivision 22-24A-15(4), no conveyance may be forfeited under the provisions of sections 4 to 16, inclusive, of this Act, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner while the conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of any state, or while the conveyance was rented or leased from a motor vehicle dealer or a leasing or rental agency and the dealer or agency had no knowledge that the conveyance transported, possessed, or concealed child pornography or any quantity of any other property described in subdivisions 22-24A-15(1) and (2) or was being used or intended for use, to transport or in any manner facilitate the transportation, sale, receipt, possession, or concealment of said child pornography or other property.

    Section 4. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding the provisions of subdivision 22-24A-15(4), no conveyance may be forfeited under the provisions of sections 5 to 17, inclusive, of this Act, by reason of any act omitted by a person other than an owner of the conveyance unless the owner knew or in the exercise of ordinary care should have known that the transported, possessed, or concealed child pornography or any other property described in subdivisions 22-24A-15(1) and (2), was being used or was intended for use to transport, or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of the child pornography or other related property.

    Section 5. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property.

    Section 6. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Seizure of property subject to forfeiture under this chapter may be made without process issued under section 5 of this Act if:

            (1)    The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant;

            (2)    The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter;

            (3)    The law enforcement officer or agent has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or

            (4)    The law enforcement officer or agent has probable cause to believe that the property has been used or intended to be used in violation of this chapter.

    Section 7. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    If a seizure pursuant to section 5 of this Act or subdivisions (1), (3) and (4) of section 6 of this Act takes place, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to subdivision 22-24A-15(1), and section 12 or 13 of this Act.

    Section 8. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    No property taken or detained pursuant to § 22-24A-15 and sections 2 to 17, inclusive, of this Act, is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, through the chief agent, subject only to the orders and decrees of the court or the official having jurisdiction of the property.

    Section 9. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    If property is seized under the provisions of this chapter, the chief agent may:

            (1)    Place the property under seal;

            (2)    Remove the property to a place designated by the chief agent; or

            (3)    Take custody of the property and remove it to an appropriate location for disposition in accordance with law.

    Section 10. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Any property, as described in subdivisions 22-24A-15(4), (6) and (7) that is subject to a bona fide perfected security interest at the time of seizure of the personal property, at the time the offense was committed, and is forfeited under the provisions of sections 5 to 17, inclusive, of this Act, shall be taken by the chief agent subject to the security interest. The chief agent shall, within sixty days of the forfeiture of the property:

            (1)    Return the property to the possession of the secured party;

            (2)    Satisfy fully all indebtedness to the secured party secured by the property; or

            (3)    Return the property to the possession of the secured party and require the secured party to sell within sixty days of receipt of the property from the chief agent at public or private sale the property and retain all proceeds necessary to satisfy fully all indebtedness of the secured party secured by the property together with all reasonable costs of the sale and remit to the chief agent all excess proceeds within thirty days of the sale.

    If the secured party knew or should have known, that the property was being used or intended for use to transport, sell, or purchase any property described in subdivisions 22-24A-15(1) and (2), the provisions of this section do not apply to the property.

    Section 11. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence.

    Section 12. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    If property described in subdivisions 22-24A-15(2), (3), (5), (6) and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which the 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. Notice of a forfeiture proceeding shall be given to each known owner and known party in interest by serving a copy of the summons and complaint in accordance with section 13 of this Act. The procedure governing the proceedings, except as provided in this section, shall be the same as that prescribed for civil proceedings by chapter 15-6.

    Section 13. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    If property described in subdivision 22-24A-15(4) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court of the county in which the

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:

    If a person as described in sections 12 or 13 of this Act is released on bail as provided by chapter 23A-43, a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to the address left by the person upon release from confinement.

    Section 15. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    Within thirty days after the service of the notice pursuant to section 12 or 13 of this Act, the owner of the seized property and any other party in interest or claimant may file a verified answer to the claims described in the complaint instituting the forfeiture proceedings.

    Section 16. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    If at the end of thirty days after the notice has been served there is no verified answer on file, and no claimant has appeared to defend the complaint, the court shall order the disposition of the seized property as prayed for in the complaint.

    Section 17. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to subsection 15-6-38(b). At the trial, the state shall establish probable cause for instituting the forfeiture action following which any owner, party in interest, or claimant who has filed a verified answer has the burden of proving that the property seized is not subject to forfeiture under this chapter. If the court or a jury finds that the property is not subject to forfeiture under this chapter, the court shall order the property released to the owner, party in interest, or claimant according to the person's right, title, or interest. The court shall order the property forfeited if the court or a jury determines that the property was subject to forfeiture.

    Section 18. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    If property is forfeited under this chapter, the chief agent may:

            (1)    Retain the property for official use; or

            (2)    Sell any forfeited property that is not required to be destroyed by law and that is not harmful to the public, if the proceeds are disposed of for payment of all proper expenses

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:

            (1)    Submits to the jurisdiction of the courts of this state in any civil proceeding commenced 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

            (2)    Constitutes the secretary of state as agent for service of legal process in any civil proceeding commenced 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 consents that service of legal process shall be made by serving a copy upon the secretary of state or by filing a copy in the secretary of state's office, and that this service shall be sufficient service if, within one day after service, notice of the service and a copy of the process are sent by registered mail by plaintiff to the person at the person's last-known address and proof of such mailing filed with the clerk of court within one day after mailing.

    The service of legal process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may also be made by personally serving the summons upon the person outside this state with the same force and effect as though summons had been personally served within this state. Such The service shall be made in like manner as service within this state. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.

    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:

            (1)    The child;

            (2)    Any parent, legal guardian, or sibling of a victimized child;

            (3)    Any medical facility, insurer, governmental entity, employer, or other entity that funds a treatment program or employee assistance program for the child or that otherwise expended money or provided services on behalf of the child;

            (4)    Any person injured as a result of the willful, reckless, or negligent actions of a person who

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.

    If the parent or guardian is named as a defendant in the action, the court shall appoint a special guardian to bring the action on behalf of the child.

    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.

    For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by minority.

    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:

    Victims of crimes as described in 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, are protected against loss of property through forfeiture by victim immunity as described in § 22-48-2.

    Section 28. That chapter 22-24A be amended by adding thereto a NEW SECTION to read as follows:

    To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been committed or omitted without the owner's knowledge or consent.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\109.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\110.wpd
CHAPTER 110

(SB 125)

Registered sex offenders may not loiter in certain areas.


        ENTITLED, An Act to prohibit registered sex offenders from loitering in certain areas.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\110.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\111.wpd
CHAPTER 111

(SB 118)

Criminal penalties revised
for intentional damage to private property.


        ENTITLED, An Act to revise certain criminal penalties for intentional damage to private property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or

            (2)    Private property in which any other person has an interest, without the consent of the other person;

is guilty of intentional damage to property. If the damage to property Intentional damage to property is a Class 2 misdemeanor if the damage to property is four hundred dollars or less, the person is guilty of intentional damage to property in the third degree, which is a Class 2 misdemeanor. If the damage to property. Intentional damage to property is a Class 1 misdemeanor if the damage to property is one thousand dollars or less, but more than four hundred dollars, the person is guilty of intentional damage to property in the second degree, which is a Class 1 misdemeanor. If the damage to property is. Intentional damage to property is a Class 6 felony if the damage to property is two thousand five hundred dollars or less, but more than one thousand dollars. Intentional damage to property is a Class 5 felony if the damage to property is five thousand dollars or less, but more than two thousand five hundred dollars. Intentional damage to property is a Class 4 felony if the damage to property is one hundred thousand dollars or less, but more than one five thousand dollars, the person is guilty of intentional damage to property in the first degree, which is a Class 4 felony. If the damage to property. Intentional damage to property is a Class 3 felony if the damage to property is five hundred thousand dollars or less, but more than one hundred thousand dollars. Intentional damage to property is aggravated intentional damage to property if the damage to property is more than one five hundred thousand dollars, the person is guilty of aggravated. Aggravated intentional damage to property, which is a Class 3 Class 2 felony.

    The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\111.wpd



LAW ENFORCEMENT

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\112.wpd
CHAPTER 112

(SB 85)

Confidential criminal justice information, requirements changed.


        ENTITLED, An Act to revise certain provisions regarding confidential criminal justice information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\112.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\113.wpd
CHAPTER 113

(HB 1229)

Reporting persons
to the National Instant Criminal Background Check System.


        ENTITLED, An Act to provide for the reporting of certain person's names to the National Instant Criminal Background Check System.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 27A-10 be amended by adding thereto a NEW SECTION to read as follows:

    If the board of mental illness orders an involuntary commitment based on a finding pursuant to § 27A-10-9.1 that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the chair of the board shall report to the attorney general for reporting to the National Instant Criminal Background Check System the involuntarily committed person's name and other identifying information. The chair shall submit the report to the

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:

    The prosecuting attorney shall report to the attorney general for reporting to the National Instant Criminal Background Check System the name and other identifying information of any person who is acquitted of a crime by reason of insanity pursuant to § 23A-26-5 or who is determined to be incompetent to stand trial pursuant to § 23A-10A-4. The prosecuting attorney shall submit the report to the attorney general, in the manner and form prescribed by the attorney general, within seven working days after the date of the verdict acquitting for insanity or the adjudication of incompetency. The report may not include information relating to the person's diagnosis or treatment.

    Section 3. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

    The attorney general shall transmit to the National Instant Criminal Background Check System administered by the Federal Bureau of Investigation the name and other identifying information of any person who is prohibited from possessing a firearm under 18 U.S.C. 922(g)(4) because the person was acquitted of a crime by reason of insanity pursuant to § 23A-26-5, the person was determined to be incompetent to stand trial pursuant to § 23A-10A-4, or the person was involuntarily committed pursuant to chapter 27A-10 based on a finding that the person is a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6).

    Section 4. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

    A person who is prohibited from possessing a firearm pursuant to the provisions of 18 U.S.C. 922(g)(4) because of a commitment or adjudication that occurred in this state may petition the court of the county in which the person resides for the restoration of the right to possess or receive a firearm. The petitioner shall serve a copy of the petition for restoration on the state's attorney of the county in which the petition is filed. The state's attorney shall represent the state at the hearing on the petition.

    Section 5. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

    Within sixty days after the date of filing the petition for restoration, the court shall conduct a hearing to determine whether the petitioner's right to possess a firearm should be restored. The record of the hearing is confidential and may only be disclosed to the parties and the Supreme Court in the event of an appeal. If the court finds, based on the preponderance of the evidence presented at the hearing, that the petitioner is not a danger to self as defined in subdivision 27A-1-1(7)(a) or a danger to others as defined in subdivision 27A-1-1(6), the court shall enter an order restoring the petitioner's right to possess a firearm and directing the attorney general to report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C. 922(g)(4).

    Section 6. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

    If the court enters an order restoring the petitioner's right to possess a firearm, the state's attorney shall submit a copy of the order to the attorney general within seven working days after the order becomes final. The attorney general shall, within seven working days after receiving the order, report to the National Instant Criminal Background Check System that the petitioner is no longer prohibited from possessing a firearm under 18 U.S.C 922(g)(4).

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\113.wpd


CRIMINAL PROCEDURE

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\114.wpd
CHAPTER 114

(HB 1119)

Preliminary hearings for persons charged with Class 1 misdemeanors.


        ENTITLED, An Act to revise certain provisions relating to preliminary hearings for persons charged with class 1 misdemeanors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\114.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\115.wpd
CHAPTER 115

(HB 1082)

Conditions causing the suspension
of a probationer's probationary period revised.


        ENTITLED, An Act to revise the conditions causing the suspension of a probationer's probationary period.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    When If the probationer absconds from supervision or is in violation of any of the terms and conditions of his probation or of any of the directions or orders of any agency supervising his probation or any of such agency's officers;

            (2)    During If the probationer is in violation of any of the terms and conditions of probation unless a sanction has been imposed for the violation pursuant to the graduated response grid established pursuant to § 16-22-13 and the probationer has fully complied with the

sanction;

            (3)    Upon the filing of any probation violation report and during the pendency of any revocation or modification proceedings; or

            (3)(4)    Upon arrest of a probationer pursuant to § 23A-27-21 when if such arrest is followed by a revocation or modification hearing.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\115.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\116.wpd
CHAPTER 116

(SB 26)

Electronic procedure to notify crime victims.


        ENTITLED, An Act to establish certain electronic crime victim notification procedures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as follows:

    For the purposes of this chapter, the term, notice, means either written notification or electronic notification.

    Section 2. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as follows:

    For the purposes of this chapter, the term, electronic notification, means any telephonic, electronic mail, text messaging, and facsimile transmittal notification or any notification as produced by the statewide automated notification system as established pursuant to § 23A-28C-10.

    Section 3. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as follows:

    Upon the scheduling of a clemency hearing pursuant to chapter 24-14, the Department of Corrections shall provide notice to the victim. Notice of a clemency hearing shall be made at least two weeks prior to the hearing. The notice shall provide the offender's clemency hearing date, time, and location and shall advise the victim that the victim may be present at the hearing and may state an opinion regarding clemency. The victim shall be notified if clemency is recommended.

    Section 4. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as follows:

    The Department of Corrections shall provide notice to the victim at least ten days before the date of a discretionary parole hearing. The notice shall provide the inmate's parole eligibility date and the parole hearing date. The notice shall advise the victim that the victim may be present at the hearing and may state an opinion regarding the possible parole of the inmate.

    Section 5. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as follows:


    The victim may request to be notified by the Department of Corrections if:

            (1)    An early final discharge or partial early final discharge from parole is considered;

            (2)    The offender is placed on or removed from work release, a global positioning system, or a community transition program; or

            (3)    An offender on parole absconds supervision.

    Section 6. That chapter 23A-28C be amended by adding thereto a NEW SECTION to read as follows:

    If the victim is a minor, the victim's parent or guardian may request notification pursuant to this chapter.

    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:

            (1)    Upon the person's escape from custody and return to custody following escape;

            (2)    Of any release from custody, including placement in an intensive supervision program or other alternative disposition, such notice to include associated conditions of release;

            (3)    Upon the granting of parole or revocation of parole;

            (4)    Prior to the defendant's release from custody due to expiration of sentence; and

            (5)    Of any removal from an intensive supervision program or other alternative disposition;

            (6)    Of any furlough; and

            (7)    Of the offender's death.

    Section 9. That § 23A-28C-9 be amended to read as follows:

    23A-28C-9. No person, other than in the performance of official duties, may disclose the identity and biographical information concerning a victim of a crime of violence or of a violation of § 22-22-7 until reasonable efforts have been made to notify provide notice to one of the immediate family.

    Section 10. That chapter 24-1 be amended by adding thereto a NEW SECTION to read as follows:

    The sentencing judge may request to be notified by the Department of Corrections if the inmate who was convicted of committing a crime escapes, is released from prison, is placed on furlough or work release pursuant to chapter 24-8, is returned from escape, or is removed from work release. The notice may be by means of written communication, telephonic, electronic mail, text messaging, or facsimile transmittal.

    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.

    If the victim of the inmate's crime requests in writing to be notified by the Board of Pardons and Parole when the inmate will be eligible for consideration for parole, the director shall send a notice at least ten days before the date of eligibility, of the inmate's parole consideration eligibility by first class mail to the address provided by the victim. The notice shall provide the inmate's parole consideration eligibility date and the parole hearing date, and the board shall advise the victim that he or she may be present at the hearing and may state his or her opinion regarding the possible parole of 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.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\116.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\117.wpd
CHAPTER 117

(SB 102)

Magistrate judges may return or dispose of property
taken in as evidence.


        ENTITLED, An Act to provide that, upon completion of certain proceedings, magistrate judges may return or dispose of property taken in as evidence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The owner is not prohibited by law from possessing such property;

            (2)    The property is not needed as evidence in any judicial proceeding;

            (3)    Satisfactory arrangements have been made to return such property to the court if subsequently needed as evidence.

    Upon completion of the proceeding, the circuit court or magistrate judge shall make arrangements for the return or disposition of all property used as evidence.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\117.wpd

PENAL INSTITUTIONS, PROBATION AND PAROLE

_______________


Start Included file \LMDATA\SESSIONS\89-2014\SESSIO~1\118.wpd
CHAPTER 118

(SB 77)

Obsolete provisions repealed regarding county prisoners.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding county prisoners.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 24-11-34 be repealed.

     Signed March 14, 2014
_______________
End Included file \LMDATA\SESSIONS\89-2014\SESSIO~1\118.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\119.wpd
CHAPTER 119

(SB 81)

Possession of certain items in jails prohibited.


        ENTITLED, An Act to prohibit the possession of certain items in jails, to provide a penalty therefor, and to revise the penalty for the procurement of certain items into a jail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 24-11 be amended by adding thereto a NEW SECTION to read as follows:

    No cellular telephone, electronic communications device, tobacco product, or any other item not provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail. No item provided by or authorized by the operator of the jail facility may be possessed by an inmate of a jail if the item has been altered to accommodate a use other than the originally intended use of the item. A violation of this section constitutes a Class 1 misdemeanor.

    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:

            (1)    Possession of alcoholic beverages or marijuana is a Class 6 felony;

            (2)    Possession of prescription or nonprescription drugs or controlled substances is a Class 4 felony;

            (3)    Possession of a weapon as defined in subdivision 22-1-2(10) is a Class 2 felony.

    Section 3. That § 24-11-48 be amended to read as follows:

    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.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\119.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\120.wpd
CHAPTER 120

(HB 1028)

Parole violator detainment, county reimbursement increased.


        ENTITLED, An Act to revise the amount counties may be reimbursed for the detainment of parole violators.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\120.wpd

DOMESTIC RELATIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\121.wpd
CHAPTER 121

(HB 1199)

Family law outdated provisions repealed.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding family law.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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 4. That § 25-4-49 be repealed.

    Section 5. That § 25-8-31 be repealed.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\121.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\122.wpd
CHAPTER 122

(SB 74)

Joint physical custody of a minor.


        ENTITLED, An Act to provide for the consideration of joint physical custody of a minor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The court shall consider the factors set forth in section 4 of this Act, and shall make written findings of fact and conclusions of law regarding the best interests of the minor child, unless waived by both parties.

    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.

    In any case where the court orders the parties to participate in a home study, custody evaluation, or custody mediation, the court shall allocate the costs of the same between the parties.

    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:

            (1)    Whether each parent is a suitable physical custodian for the child;

            (2)    Whether each parent has an appropriate dwelling to support physical custody of the child;

            (3)    Whether the psychological and emotional needs and the development of the child will suffer due to lack of active contact with, and attention from, both parents if joint physical custody is not granted;

            (4)    Whether one parent has denied, without just cause, the child the opportunity for continuing contact with the other parent. Facts supporting an application of the presumption in § 25-4-45.5 constitute just cause;

            (5)    Whether the parents can show mutual respect for and effectively communicate with each other regarding the child's needs. When considering this factor, the court shall include a determination of the degree to which the parents are in general agreement about their

approach to daily child rearing matters;

            (6)    The extent to which both parents actively care for the child;

            (7)    Whether each parent can support the other parent's relationship with the child. When considering this factor, the court shall include a determination of conflict between the parents, as joint physical custody requires substantial and regular interaction between the parents on a myriad of issues;

            (8)    Whether the joint physical custody arrangement is in accord with the child's wishes or whether the child has strong opposition to joint physical custody, taking into consideration the child's age, maturity, and reason for the objection;

            (9)    Whether a parent has intentionally alienated or interfered with the other parent's relationship with the child;

            (10)    Whether one or both parents are opposed to joint physical custody. A parent's opposition to joint physical custody is not determinative in itself, but only one factor for the court to consider;

            (11)    The geographic proximity of the parents;

            (12)    Whether the safety of the child, other children, or the other parent will be jeopardized by an award of joint physical custody;

            (13)    Whether a parent allows another person custody or control of, or unsupervised access to, a child after knowing the person is required to register or is on the sex offender registry as a sex offender under chapter 22-24B;

            (14)    Whether a parent has attempted to influence a custody determination by alleging, falsely or without good cause, that the child or the sibling of the child has been subjected to physical or sexual abuse or abuse and neglect, as set forth in § 25-4-45.8.

    Section 5. If both parents agree to joint physical custody of a child, the court is not required to consider the factors set forth in section 4 of this Act.

    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.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\122.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\123.wpd
CHAPTER 123

(HB 1165)

The Uniform Deployed Parents Custody and Visitation Act.


        ENTITLED, An Act to adopt the Uniform Deployed Parents Custody and Visitation Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    "Adult," an individual who has attained eighteen years of age or an emancipated minor;

            (2)    "Caretaking authority," the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation;

            (3)    "Child,":

            (a)    An unemancipated individual who has not attained eighteen years of age; or

            (b)    An adult son or daughter by birth or adoption, or under law of this state other than this Act, who is the subject of a court order concerning custodial responsibility;

            (4)    "Court," a tribunal, including an administrative agency, authorized under law of this state other than this Act to make, enforce, or modify a decision regarding custodial responsibility;

            (5)    "Custodial responsibility," includes all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child;

            (6)    "Decision-making authority," the power to make important decisions regarding a child, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel. The term does not include the power to make decisions that necessarily accompany a grant of caretaking authority;

            (7)    "Deploying parent," a servicemember, who is deployed or has been notified of impending deployment and is:

            (a)    A parent of a child under law of this state other than this Act; or

            (b)    An individual who has custodial responsibility for a child under law of this state other than this Act;

            (8)    "Deployment," the movement or mobilization of a servicemember for more than ninety days but less than eighteen months pursuant to uniformed service orders that:

            (a)    Are designated as unaccompanied;

            (b)    Do not authorize dependent travel; or

            (c)    Otherwise do not permit the movement of family members to the location to which the servicemember is deployed;

            (9)    "Family member," a sibling, aunt, uncle, cousin, stepparent, or grandparent of a child or an individual recognized to be in a familial relationship with a child under law of this state other than this Act;

            (10)    "Limited contact," the authority of a nonparent to visit a child for a limited time. The term includes authority to take the child to a place other than the residence of the child;

            (11)    "Nonparent," an individual other than a deploying parent or other parent;

            (12)    "Other parent," an individual who, in common with a deploying parent, is:

            (a)    A parent of a child under law of this state other than this Act; or

            (b)    An individual who has custodial responsibility for a child under law of this state other than this Act;

            (13)    "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

            (14)    "Return from deployment," the conclusion of a servicemember's deployment as specified in uniformed service orders;

            (15)    "Servicemember," a member of a uniformed service;

            (16)    "Sign," with present intent to authenticate or adopt a record:

            (a)    To execute or adopt a tangible symbol; or

            (b)    To attach to or logically associate with the record an electronic symbol, sound, or process;

            (17)    "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;

            (18)    "Uniformed service,":

            (a)    Active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

            (b)    The United States Merchant Marine;

            (c)    The commissioned corps of the United States Public Health Service;

            (d)    The commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

            (e)    The National Guard of a state.

    Section 3. Section 103. In addition to other remedies under law of this state other than this Act, if a court finds that a party to a proceeding under this Act has acted in bad faith or intentionally failed

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.

    (b) If a court has issued a temporary order regarding custodial responsibility pursuant to Article 3, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B during the deployment.

    (c) If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to Article 2, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B.

    (d) If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 26-5B.

    (e) This section does not prevent a court from exercising temporary emergency 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.

    (b) Except as otherwise provided in subsection (d) and subject to subsection (c), each parent shall provide in a record the other parent with a plan for fulfilling that parent's share of custodial responsibility during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a).

    (c) If a court order currently in effect prohibits disclosure of the address or contact information of the other parent, notification of deployment under subsection (a), or notification of a plan for custodial responsibility during deployment under subsection (b), may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.

    (d) Notification in a record under subsection (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.

    (e) In a proceeding regarding custodial responsibility, a court may consider the reasonableness of a parent's efforts to comply with this section.

    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.

    (b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom custodial responsibility has been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing

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.

    (b) An agreement under subsection (a) must be:

            (1)    In writing; and

            (2)    Signed by both parents and any nonparent to whom custodial responsibility is granted.

    (c) Subject to subsection (d), an agreement under subsection (a), if feasible, must:

            (1)    Identify the destination, duration, and conditions of the deployment that is the basis for the agreement;

            (2)    Specify the allocation of caretaking authority among the deploying parent, the other parent, and any nonparent;

            (3)    Specify any decision-making authority that accompanies a grant of caretaking authority;

            (4)    Specify any grant of limited contact to a nonparent;

            (5)    If under the agreement custodial responsibility is shared by the other parent and a nonparent, or by other nonparents, provide a process to resolve any dispute that may arise;

            (6)    Specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;

            (7)    Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;

            (8)    Acknowledge that any party's child support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;

            (9)    Provide that the agreement will terminate according to the procedures under Article 4 after the deploying parent returns from deployment; and

            (10)    If the agreement must be filed pursuant to section 12 of this Act, specify which parent is required to file the agreement.

    (d) The omission of any of the items specified in subsection (c) does not invalidate an agreement under this section.

    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.

    (b) A nonparent who has caretaking authority, decision-making authority, or limited contact by an agreement under this Article has standing to enforce the agreement until it has been terminated by court order, by modification under section 10 of this Act, or under Article 4.

    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.

    (b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.

    (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.

    (b) At any time after a deploying parent receives an official order to deploy, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section 4 of this Act or, if there is no pending proceeding in a court with jurisdiction under section 4 of this Act, in a new action for granting custodial responsibility during deployment.

    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:


            (1)    A prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this Act for modifying a judicial order regarding custodial responsibility;

            (2)    The court shall enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, including an agreement executed under Article 2, unless the court finds that the agreement is contrary to the best interest of the child.

    Section 18. Section 306. (a) On motion of a deploying parent and in accordance with law of this state other than this Act, if it is in the best interest of the child, a court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.

    (b) Unless a grant of caretaking authority to a nonparent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than:

            (1)    The amount of time granted to the deploying parent under a permanent custody order, but the court may add unusual travel time necessary to transport the child; or

            (2)    In the absence of a permanent custody order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.

    (c) A court may grant part of a deploying parent's decision-making authority, if the deploying parent is unable to exercise that authority, to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the authority to a nonparent, the court shall specify the decision-making powers granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.

    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.

    (b) A nonparent granted caretaking authority, decision-making authority, or limited contact under this Article has standing to enforce the grant until it is terminated by court order or under Article 4.

    Section 21. Section 309. (a) An order granting custodial responsibility under this Article must:

            (1)    Designate the order as temporary; and

            (2)    Identify to the extent feasible the destination, duration, and conditions of the deployment.

    (b) If applicable, an order for custodial responsibility under this Article must:

            (1)    Specify the allocation of caretaking authority, decision-making authority, or limited contact among the deploying parent, the other parent, and any nonparent;

            (2)    If the order divides caretaking or decision-making authority between individuals, or grants caretaking authority to one individual and limited contact to another, provide a process to resolve any dispute that may arise;

            (3)    Provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interest of the child, and allocate any costs of communications;

            (4)    Provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interest of the child;

            (5)    Provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and

            (6)    Provide that the order will terminate pursuant to Article 4 after the deploying parent returns from deployment.

    Section 22. Section 310. If a court has issued an order granting caretaking authority under this Article, or an agreement granting caretaking authority has been executed under Article 2, the court may enter a temporary order for child support consistent with law of this state other than this Act if the court has jurisdiction under chapter 25-9B

    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.

    (b) On motion of a deploying parent, the court shall terminate a grant of limited contact.

    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.

    (b) A temporary agreement under Article 2 granting custodial responsibility terminates:

            (1)    If an agreement to terminate under subsection (a) specifies a date for termination, on that date; or

            (2)    If the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.

    (c) In the absence of an agreement under subsection (a) to terminate, a temporary agreement granting custodial responsibility terminates under Article 2 sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.

    (d) If a temporary agreement granting custodial responsibility was filed with a court pursuant to section 12 of this Act or a temporary order for child support was entered pursuant to section 22 of this Act, an agreement to terminate the temporary agreement also must be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case

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.

    (b) A proceeding seeking to prevent termination of a temporary order for custodial responsibility is governed by law of this state other than this Act.

    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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\123.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\124.wpd
CHAPTER 124

(SB 3)

Judicial continuity in court review for certain domestic abuse cases.


        ENTITLED, An Act to provide for continuity in the judicial review of certain lawsuits, complaints, and petitions between parties to a petition for certain protection orders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 25-10-3 be amended to read as follows:



    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:

            (1)    A petition under this section may be made by any family or household member against any other family or household member.;

            (2)    A petition shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse.; and

            (3)    A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. However, if there is any other lawsuit, complaint, petition, or other action pending between the parties, any new petition made pursuant to this section shall be made to the judge previously assigned to the pending lawsuit, petition, or other action, unless good cause is shown for the assignment of a different judge.

    The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The Department of Social Services shall prepare the standard petition form.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\124.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\125.wpd
CHAPTER 125

(SB 7)

Persons who are eligible for protection from domestic abuse,
terminology revised.


        ENTITLED, An Act to modify the persons eligible for protection from domestic abuse and to revise certain terminology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:

    Any person who is involved in one of the following relationships with another party:

            (1)    Spouse or former spouse;

            (2)    Is in a significant romantic relationship;

            (3)    Has a child or is expecting a child with the abusing party;

            (4)    Parent and child, including a relationship by adoption, guardianship, or marriage; or

            (5)    Siblings, whether of the whole or half blood, including a relationship through adoption or marriage;

is entitled to apply for a protection order or a temporary protection order pursuant to the provisions of this chapter.

    Section 2. That § 25-10-1 be amended to read as follows:

    25-10-1. Terms used in this chapter mean:

            (1)    "Domestic abuse," physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury between family or household members when occurring between persons in a relationship described in section 1 of this Act. Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between family or household members persons in such a relationship;

            (2)    "Family or household members," spouses, former spouses, or persons related by consanguinity, adoption, or law, persons living in the same household, persons who have lived together, or persons who have had a child together;

            (3)    "Protection order," an order restraining any family or household member person in a relationship described in section 1 of this Act from committing any act of domestic abuse or an order excluding any family or household member person in a relationship described in section 1 of this Act from the dwelling or residence of another family or household member person in such a relationship, whether or not the dwelling or residence is shared. A protection order has a duration of five years or less; and

            (4)(3)    "Temporary protection order," an order restraining any family or household member person in a relationship described in section 1 of this Act from committing any act of domestic abuse or an order excluding any family or household member person in a relationship described in section 1 of this Act from the dwelling or residence of another family or household member person in such a relationship, whether or not the dwelling or residence is shared. A temporary protection order has a duration of thirty days except as provided in § 25-10-7.1.

    Section 3. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:

    For purposes of chapter 25-10, when determining whether a relationship is a significant romantic relationship, the court shall consider, among others, the following factors:

            (1)    The length of time of the relationship;

            (2)    The frequency of interaction between the parties;

            (3)    The characteristics and the type of the relationship.

    Section 4. That § 25-10-3 be amended to read as follows:

    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:

            (1)    A petition under this section may be made by any family or household member person in a relationship described in section 1 of this Act against any other family or household member. person in such a relationship;

            (2)    A petition shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse.;

            (3)    A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.

    The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The Department of Social Services shall prepare the standard petition form.

    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:

            (1)    Restrain any party from committing acts of domestic abuse;

            (2)    Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner;

            (3)    Award temporary custody or establish temporary visitation with regards to minor children of the parties;

            (4)    Establish temporary support for minor children of the parties or a spouse;

            (5)    Order that the abusing party obtain counseling;

            (6)    Order other relief as the court deems necessary for the protection of a family or household member the person to whom relief is being granted, including orders or directives to a sheriff or constable.

    Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.

    If any minor child resides with either party, the court shall order that the abusing party restrained person receive instruction on parenting approved or provided by the Department of Social Services as part of any relief granted.

    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:

            (1)    Restraining any family or household member person in a relationship described in section 1 of this Act from committing acts of domestic abuse;

            (2)    Excluding any family or household member person in a relationship described in section 1 of this Act from the dwelling or the residence of the petitioner.

    Section 7. That § 25-10-36 be amended to read as follows:

    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.



    Section 8. That § 25-10-40 be amended to read as follows:

    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:

            (1)    Not to subject the victim to further domestic abuse;

            (2)    To vacate the home of the victim;

            (3)    Not to contact the victim other than through counsel;

            (4)    To engage in counseling;

            (5)    To refrain from the consumption of alcohol or the use of drugs;

            (6)    To post bond pursuant to § 25-10-23.

    As used in this section, the term ", domestic abuse", means a violation of § 22-18-1 or 22-18-1.1 if the victim is a family or household member person in a relationship described in section 1 of this Act.

    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.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\125.wpd


Start Included file
CHAPTER 126

(SB 5)

Petition for a protection order, scope of petition expanded.


        ENTITLED, An Act to permit the court reciprocal discretion to hear certain petitions for protection orders due to domestic abuse and for protection orders due to stalking or physical injury.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 25-10 be amended by adding thereto a NEW SECTION to read as follows:

    If a petition for a protection order alleging the existence of domestic abuse is filed with the court pursuant to § 25-10-3 and, if the court, upon an initial review, determines that the allegations do not support the existence of domestic abuse, but that the allegations do support the existence of stalking or physical injury pursuant to § 22-19A-8, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under § 22-19A-8 and subject to the provisions of chapter 22-19A.

    Section 2. That chapter 22-19A be amended by adding thereto a NEW SECTION to read as follows:

    If a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to § 22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but that the allegations do support the existence of domestic abuse pursuant to § 25-10-3, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under § 25-10-3 and subject to the provisions of chapter 25-10.

     Signed March 10, 2014
_______________
End Included file


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\127.wpd
CHAPTER 127

(SB 4)

Foreign domestic abuse protection order due process.


        ENTITLED, An Act to ensure notice to the respondent and opportunity for the respondent to be heard prior to enforcement of certain foreign domestic protection orders.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The respondent received notice of the order in compliance with requirements of the issuing jurisdiction;

            (2)    The order is in effect in the issuing jurisdiction;

            (3)    The issuing court had jurisdiction over the parties and the subject matter;

            (4)    The respondent was is or has been afforded reasonable notice and opportunity to be heard sufficient to protect that person's right to due process in the issuing jurisdiction. In the case of ex parte orders, notice and opportunity to be heard must have is or has been provided within the time required by the law of the issuing jurisdiction; and, in any event, within a reasonable time after the order was issued, sufficient to protect the respondent's due process rights;

            (5)    If the order also provides protection for the respondent, a petition, application, or other written pleading was filed with the issuing court seeking such an order and the issuing court made specific findings that the respondent was entitled to the order; and

            (6)    The prohibited conduct violative of the foreign protection order could be prohibited by a protection order if issued in this state.

    Any protection order meeting the requirements of this section is a foreign domestic violence abuse protection order or a foreign stalking or physical violence protection order.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\127.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\128.wpd
CHAPTER 128

(SB 2)

A victim of domestic abuse with an outstanding warrant,
delayed arrest.


        ENTITLED, An Act to provide for the delayed arrest, under certain circumstances, in regard to certain outstanding warrants for victims of domestic abuse with minor children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The victim is not otherwise liable to arrest for any action arising out of the present incidence of domestic abuse;

            (2)    The outstanding warrant is for a nonviolent misdemeanor offense; and

            (3)    The victim is the custodial parent or immediate caregiver of a minor child.

    However, the victim is subject to arrest on any outstanding warrant after seventy-two hours have passed since the incidence of the domestic abuse call.

    The decision of an officer to arrest or not to arrest a victim on an outstanding warrant does not constitute a cause of action against the officer, the law enforcement agency, the employing entity, or any of the employing entity's employees.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\128.wpd



MINORS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\129.wpd
CHAPTER 129

(HB 1018)

Child welfare agency record-keeping, requirements revised.


        ENTITLED, An Act to revise certain provisions regarding the record-keeping process of child welfare agencies to the Department of Social Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\129.wpd

MENTALLY ILL PERSONS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\130.wpd
CHAPTER 130

(HB 1198)

The administration of medical treatment
for individuals with mental illness, time period extended.


        ENTITLED, An Act to revise certain provisions regarding the administration of medical treatment for individuals with mental illness.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    If it is ordered by a physician, psychotropic medication may be administered to a person in an emergency to prevent serious physical harm to the person or to others. Psychotropic medication, electroconvulsive therapy, and such other medical treatment as may be necessary for the treatment of the person's mental illness may also be administered if the attending physician and one other physician determine that administration of such medication, therapy, or treatment is necessary to prevent significant deterioration of the person's severe mental illness and that the person's potential for improvement would be significantly impaired if such treatment is not provided. The medication, electroconvulsive therapy, or such other necessary medical treatment may be continued for up to ten days only and may be extended for one additional ten day period if a petition is filed pursuant to § 27A-12-13.13 within the first ten day period. The reason for such treatment shall be documented in the patient's medical record. Electroconvulsive therapy may be administered only by a physician. Any physician who in good faith orders and administers psychotropic medication, electroconvulsive therapy, or such other necessary medical treatment under this section is immune from any civil liability for such order and administration, unless injury results from gross negligence or willful or wanton misconduct.

    Health care may be performed with the patient's informed consent, or if the patient is incapacitated, by a substitute informed consent from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C. Informed consent may be withdrawn at any time, is effective immediately upon communication of the withdrawal of consent to the treatment provider, and shall thereafter be reduced to writing.

    No sterilization may be authorized under authority of this title for a person incapable of providing written informed consent.

    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:

            (1)    Notice of the time, date, and place of hearing and directing the person to appear in person;

            (2)    Notice of the person's right to be represented by an attorney at the person's own expense or appointed by the court if the person is indigent;

            (3)    Notice of the person's right to seek an opinion of an independent psychiatrist at the person's own expense or at the expense of the person's county of residence if the person is indigent; and

            (4)    Notice that the costs of any post-commitment proceedings, treatment, medication, and any hearing related to the medication, any post-commitment proceeding, including a habeas corpus proceeding, the costs of compensation for the attorney appointed to represent the person, and any other costs associated with any post-commitment proceeding, are that person's responsibility, and that a lien for the amount of these costs may be filed upon the person's real and personal property to insure payment.

    Upon the filing of the petition the court or board shall immediately appoint counsel for the person if counsel has not been retained. A date shall be set for the hearing within fifteen days of the filing of the petition, and this hearing shall be a priority on the court or board calendar. Allowance for any additional time shall be limited to one seven-day continuance, and shall be restrictively

granted, only upon a showing of good cause for delay.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\130.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\131.wpd
CHAPTER 131

(SB 108)

Autism spectrum disorder study.


        ENTITLED, An Act to require a study of services and insurance coverage for the treatment of autism spectrum disorder for children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The issues related to the cost of requiring insurance plans to cover the screening, diagnosis, and treatment of autism spectrum disorder for children, including current autism care services and insurance coverage available in South Dakota;

            (2)    The availability and certification requirements of service providers;

            (3)    The accepted treatment protocols and clinical and other outcomes associated with such treatments;

            (4)    The cost effectiveness of treatments and insurance coverage in surrounding states;

            (5)    The overall cost per insured for coverage of applied behavior analysis;

            (6)    The current costs incurred to the state related to autism, including treatment and associated educational costs; and

            (7)    Other issues as appropriate.

    The departments shall submit a report with findings and any recommendations to the Governor and the Legislature no later than November 15, 2014.

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\131.wpd


PUBLIC WELFARE AND ASSISTANCE

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\132.wpd
CHAPTER 132

(HB 1017)

Department of Social Services repeal of unnecessary statutes.


        ENTITLED, An Act to repeal certain outdated and unnecessary statutes related to the Department of Social Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\132.wpd

UNIFORM PROBATE CODE

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\133.wpd
CHAPTER 133

(HB 1077)

The Uniform Real Property Transfer on Death Act.


        ENTITLED, An Act to enact the Uniform Real Property Transfer on Death Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:


            (1)    "Beneficiary," a person who receives property under a transfer on death deed;

            (2)    "Designated beneficiary," a person designated to receive property in a transfer on death deed;

            (3)    "Joint owner," any individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant with a right of survivorship. The term does not include a tenant in common;

            (4)    "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;

            (5)    "Property," an interest in real property located in this state which is transferable on the death of the owner;

            (6)    "Transfer on a death deed," a document authorized under this Act and is considered a governing instrument as defined by subdivision 29A-1-201(19);

            (7)    "Transferor," any individual who makes a transfer on a death deed.

    Section 3. Property may be transferred to one or more beneficiaries by a transfer on a death deed and is effective at the transferor's death.

    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:

            (1)    Except as otherwise provided in subdivision (2), contain the essential elements and formalities of a properly recordable inter vivos deed as required by the standards of title;

            (2)    State that the transfer to the designated beneficiary is to occur at the transferor's death; and

            (3)    Be recorded before the transferor's death in the public records in the office of the register of deeds in the county where the property is located.

    Section 9. A transfer on death deed is effective without:

            (1)    Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or

            (2)    Consideration.

    Section 10. Subject to section 11 of this Act, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:

            (1)    Is:

            (a)    A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;

            (b)    An instrument of revocation that expressly revokes the deed or part of the deed; or

            (c)    An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and

            (2)    Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the register of deeds in the county where the deed is recorded.

    Section 11. If a transfer on death deed is made by more than one transferor:

            (1)    Revocation by one transferor does not affect the deed as to the interest of another transferor; and

            (2)    A deed of joint owners is revoked only if it is revoked by all of the living joint owners.

    Section 12. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed. Such revocatory act includes burning, tearing, canceling, obliterating, or destroying the deed, or any part of it.

    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:

            (1)    Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;

            (2)    Affect an interest or right of a designated beneficiary, even if the designated beneficiary has actual or constructive notice of the deed;

            (3)    Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;

            (4)    Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;

            (5)    Create a legal or equitable interest in favor of the designated beneficiary; or

            (6)    Subject the property to claims or process of a creditor of the designated beneficiary.

    Section 15. Except as otherwise provided in the transfer on death deed, in this section, §§ 29A-2-603, 29A-2-701, 29A-2-802, or 29A-2-803, revocation by divorce or homicide, survival and simultaneous death, and elective share, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:

            (1)    Subject to subdivision (2), the interest in the property is transferred to the designated beneficiary, or when necessary, to the contingent beneficiary in accordance with the deed.

            (2)    The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of any designated or contingent beneficiary who fails

to survive the transferor by one hundred twenty hours lapses unless survival is specifically waived or modified as provided by § 29A-2-702.

            (3)    Subject to subdivision (4), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.

            (4)    If the transferor identifies two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.

    Section 16. Subject to chapter 43-28, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this section and chapter 43-28, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.

    Section 17. If a transferor is a joint owner and is:

            (1)    Survived by one or more other joint owners, then the property that is the subject of a deed belongs to the surviving joint owner or owners with right of survivorship; or

            (2)    The last surviving joint owner, then the transfer on death deed is effective.

    Section 18. A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.

    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 24. In any case where a deceased transferor has more than one transfer on death deed at the time of transferor's death, all of the beneficiaries therein are jointly and severally liable to the creditors or personal representative of the deceased transferor as herein provided and any beneficiary who is made a defendant in any action has the right to require any other such beneficiary within the jurisdiction of the court to be joined as a party defendant in the action and has the right of pro rata contribution against other beneficiaries, to the extent of their respective liability hereunder.

    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.

    This section does not prohibit the authorized withdrawal, sale, pledge, or other present transfer of the property by an attorney in fact, custodian, conservator, or other agent notwithstanding the fact that the effect of the transaction may be to extinguish a designated beneficiary's right to receive a transfer of the property at the death of the owner.

    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:

            (1)    The name and address of each transfer on death beneficiary who survives the deceased owner or that is in existence on the date of death of the deceased owner. If the named beneficiary is deceased, the name and address of the contingent beneficiary or person who takes under the anti-lapse statutes shall be included. If a named beneficiary is designated as a transfer on death beneficiary solely in that person's capacity as a trustee of a trust and that trustee subsequently has been replaced by a successor trustee, the affidavit of confirmation shall include the name and address of the successor trustee and must be accompanied by proof of acceptance by the successor trustee;

            (2)    The date of death of the deceased owner;

            (3)    The legal description of the subject property or interest in property;

            (4)    The name of each designated beneficiary who has not survived the deceased owner or who is not in existence on the date of death of the deceased owner; and

            (5)    A statement that notice of the death of the decedent was given to the South Dakota Department of Social Services to satisfy any public welfare and assistance liens under Title 28.

    Section 28. The register of deeds shall make an index reference in the record of deeds to any affidavit of confirmation filed with the register of deeds under the provisions of this Act.

    Section 29. Any person who knowingly makes any false statement in an affidavit of confirmation is guilty of falsification under § 22-11-23.

    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.

REVOCABLE TRANSFER ON DEATH DEED

Notice to Owner: This deed will transfer ownership of the property described below when you die. You should carefully read all of the information on this form. You should consult a lawyer before using this form.

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.

REVOCATION OF TRANSFER ON DEATH DEED

Identifying Information

Owner(s) of Property Who Join in This Revocation:

___________________________________________________________

___________________________________________________________

Address:

    The undersigned, as the owner on the transfer on death deed recorded on (date) __________ in Book _______ of _______, Page _____ in the office of the register of deeds of __________ County, South Dakota, affecting real property legally described as follows: (legal description)

_________________________________________________________ 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:



AFFIDAVIT OF CONFIRMATION
AND SURVIVORSHIP FOR
TRANSFER ON DEATH DEED

State of South Dakota

County of _________________

I, ________________________, being first duly sworn on oath, state that to my personal knowledge:

    1. __________________________ (Decedent) is the person named in the certified copy of the Certificate of Death attached hereto.

    2. On the date of death, Decedent was an owner of the property in ______________ County, South Dakota, legally described as follows: ___________________________________ and Decedent was the transferor in a transfer on death deed (Deed) recorded on _____________, as in Book ____ of _____, Page _____, in the office of the register of deeds of ______________ County, South Dakota.

    3. The name(s) and address(es) of the Designated Beneficiary(ies) named in the Deed who survived the Decedent is(are):

    _________________________________________________________

    _________________________________________________________

    _________________________________________________________

    4. The name(s) and address(es) of the contingent beneficiary or person who takes under the anti-lapse statutes and who survived the Decedent.

    __________________________________________________________

    __________________________________________________________

    5. The Designated Beneficiary(ies) named in the Deed who did not survive the Decedent is(are):

    __________________________________________________________

    __________________________________________________________

Certified copies of Certificate(s) of Death for any deceased Designated Beneficiary(ies) is(are) also attached hereto.

    6. Notice of the death of the Decedent has been given to the South Dakota Department of Social Services and it has been determined that no assistance was provided or that any obligation for reimbursement to the department has been satisfied.

    Affiant

    Notary

    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 34. The provisions of this Act modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but do 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 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:

            (1)    Any deed, affidavit terminating joint tenancy or life estate interests, or oil, gas, or other mineral lease that does not include the names of the grantor and the grantee or the lessor and the lessee, the names of the joint tenant, the post office address of the grantee or lessee, and a legal description of the property conveyed or leased;

            (2)    Any mortgage that does not include the names of the mortgagor and the mortgagee, the post office address of the mortgagee, a legal description of the property, and the amount of the mortgage and when it is due;

            (3)    Any assignment of mortgage or oil, gas, or other mineral lease that does not include the names of the assignor and the assignee, the post office address of the assignee, and a legal description of the property; or

            (4)    Any deed or contract for deed dated after July 1, 1988, used in the purchase, exchange, transfer, or assignment of interest in real property that is not accompanied by a certificate of value containing the name and address of the buyer and seller, the legal description of the real property, the actual consideration exchanged for the real property, the relationship of the seller and buyer, if any, and the terms of payment if other than payment in full at the time of sale; or

            (5)    A transfer on death deed, pursuant to this Act, is exempt from completing and submitting the certificate of value as set forth in subdivision (4) of this section.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\133.wpd

HIGHWAYS AND BRIDGES

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\134.wpd
CHAPTER 134

(HB 1090)

Obsolete provisions regarding county highways repealed.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding county highways.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 31-11-5 be 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.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\134.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\135.wpd
CHAPTER 135

(SB 103)

Penalties increased for damaging or removing highway signs.


        ENTITLED, An Act to establish certain civil penalties for tampering or removing any highway marker, sign, or control device and to distribute the revenue from such civil penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 31-28 be amended by adding thereto a NEW SECTION to read as follows:

    In addition to any damages and penalties provided by § 31-28-23, any person who is convicted of the offense of intentionally tampering, removing, or interfering with any official highway marker, sign, or control device pursuant to § 31-28-23 is subject to a civil penalty, to be set by the court, not to exceed two thousand dollars. Any civil penalty collected pursuant to this section shall be distributed to the state or the political subdivision with jurisdiction on the involved highway.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\135.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\136.wpd
CHAPTER 136

(HB 1036)

Billboard permit process changed.


        ENTITLED, An Act to revise certain provisions regarding the billboard permitting process.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 31-29-71.8 be amended to read as follows:


    31-29-71.8. Any zoned commercial or industrial area adjacent to the interstate system which that is located within one mile from an interstate interchange with a crossroad that is not part of the interstate system and which that is outside an incorporated municipality is acceptable for outdoor advertising purposes if the zone meets the following criteria:

            (1)    The zone is lawfully enacted by the local governmental unit as part of a comprehensive zoning action. Any zone created primarily to permit outdoor advertising structures is not recognized as lawfully enacted for purposes of this section;

            (2)    The zone is associated with an interstate highway interchange whose center is within three miles of an incorporated municipality or within one mile of a commercial or industrial activity; and

            (3)    The zone meets the requirement of either § 31-29-71.9 or 31-29-71.10.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\136.wpd

MOTOR VEHICLES

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\137.wpd
CHAPTER 137

(SB 54)

Dealers of boats, used vehicles,
and mobile or manufactured homes requirements changed.


        ENTITLED, An Act to revise the definition of a boat dealer, used vehicle dealer, and dealer of mobile homes or manufactured homes, and to revise certain penalties for selling motor vehicles, snowmobiles, mobile homes, manufactured homes, or boats without a license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 32-3A-2 be amended to read as follows:

    32-3A-2. Terms used in this chapter mean:

            (1)    "Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

            (2)    "Boat dealer," any person or business who in the ordinary course of business sells new or used large boats or any person or business who in the ordinary course of business sells five or more used large boats in a year;

            (3)    "Commission," the Game, Fish and Parks Commission of this state acting directly or through its authorized officers;

            (4)    "Department," the Department of Revenue;

            (5)    "Large boat," any boat over twelve feet in length or a motorboat, used or capable of being used as a means of transportation on water, except canoes, inflatable boats, kayaks, sailboards and seaplanes;

            (6)    "Motorboat," any boat propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a boat which has a valid marine document issued by the commissioner of customs of the United States government or any federal agency successor thereto;

            (7)    "Operate," to navigate or otherwise use a boat;

            (8)    "Owner," a person, other than a lien holder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;

            (9)    "Personal watercraft," any motorboat that has an inboard or outboard motor powering a water jet pump or caged propeller as its primary source of motive power and is designed to be operated by a person standing on, kneeling on, sitting astride, or being towed behind the watercraft, and has the probability that the operator and passengers may in the normal course of use, fall overboard;

            (10)    "Racing boat," any boat designed and manufactured exclusively for racing;

            (11)    "Sailboard," any single-hulled boat equipped with an articulating mast and designed to be operated by a person standing on the board, maneuvering through the trim of the hand-held sail and distributing his body weight on the board; and

            (12)    "Waters of this state," any public waters within the territorial limits of this state and all waters which form a common boundary between this state and Minnesota, North Dakota, Montana, Wyoming, Iowa, or Nebraska.

    Section 2. That § 32-6B-1 be amended to read as follows:

    32-6B-1. Terms as used in this chapter mean:

            (1)    "Administrator," the administrator of the dealer licensing and inspection program of the Department of Revenue;

            (2)    "Auctioneer," a person who presides over a public auction where following an initial starting price, bids are taken from two or more people until a final bid or price is established for a motor vehicle;

            (2A)    "Authorized emergency vehicle," any vehicle of a fire department and any ambulance and emergency vehicle of a municipal department or public service corporation that are designated or authorized by the Department of Public Safety;

            (3)    "Broker," a person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale or exchange of vehicles, and who is not:

            (a)    A dealer or a bona fide agent or employee of a dealer;

            (b)    A representative or a bona fide agent or employee of a manufacturer; or

            (c)    At any point in the transaction the bona fide owner of the vehicle involved in the transactions;

            (3A)    "Chassis cab," any incomplete motor vehicle, with a completed occupant compartment, that requires only the addition of cargo carrying, work performing, or load bearing

components to perform the vehicle's intended function.

            (4)    "Community," the franchisee's area of responsibility as stipulated in the franchise. A community has a minimum radius of ten miles around an existing dealership;

            (5)    "Converter," a person who modifies or installs on previously assembled chassis special bodies or equipment which, when completed, form an integral part of the vehicle and which constitutes a major manufacturing alteration and who may issue a supplemental or secondary statement of origin;

            (6)    "Demonstration," the noncommercial use of a dealer owned vehicle by any employee of the dealership for any purpose in the ordinary course of business relating to the sale of the vehicle within the trade or market area of the dealership or demonstration by any prospective buyer for a period of three days. The term includes vehicles donated by a dealership to a community or organization and used for a one-day parade or event;

            (6A)    "Department," the Department of Revenue;

            (6B)    "Emergency vehicle dealer," any person who converts or manufacturers authorized emergency vehicles and who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of new, or new and used authorized emergency vehicles, or who is engaged wholly or in part in the business of selling new, or new and used authorized emergency vehicles;

            (6C)    "Final stage manufacturer dealer," any person who assembles or installs on a previously assembled new motor vehicle chassis cab any special body or equipment that forms an integral part of the motor vehicle, constitutes a major manufacturing alteration, and completes the vehicle;

            (7)    "Franchise," a written or oral agreement or contract between a franchisor and franchisee which fixes the legal rights and liabilities of the parties to such agreement or contract;

            (8)    "Franchisee," person who receives vehicles from a franchisor under a franchise and who offers and sells the vehicles to the general public;

            (9)    "Franchisor," any person engaged in the manufacturing or distribution of vehicles including any person who acts for the franchisor;

            (9A)    "Good faith," honesty in fact and the observance of reasonable, nondiscriminatory commercial standards of fair dealing in the trade, as defined and interpreted in the Uniform Commercial Code as amended to January 1, 2010;

            (10)    "In-transit," the noncommercial use of a dealer owned vehicle by any employee of the dealership for travel to and from any service facility, detail shop, repair shop, gas station, car wash, dealer auction, another lot owned by the dealer, a supplemental lot, temporary special events lot, temporary supplemental lot, or any other location to facilitate a dealer trade;

            (10A)    "Manufacturer," a person who manufactures or assembles vehicles, including motor homes, and who issues the original or first manufacturer's statement of origin. The term, manufacturer, includes a central or principal sales corporation through which it distributes its products to franchised dealers;

            (11)    "Motor home," a motor vehicle designed as an integral unit to be used as a conveyance upon the public highways and for use as a temporary or recreational dwelling and having

at least four of the following permanently installed systems:

            (a)    Cooking facilities;

            (b)    Ice box or mechanical refrigerator;

            (c)    Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;

            (d)    Self-contained toilet connected to a plumbing system with connection for external water disposal;

            (e)    Heating or air conditioning system, or both, separate from the vehicle engine or the vehicle electrical system;

            (f)    A one hundred ten--one hundred fifteen volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquified petroleum system and supply;

            (12)    "Public auction," a business that is open to the public where South Dakota titled motor vehicles are consigned, displayed, and auctioned to the highest bidder by an auctioneer;

            (12A)    "Recreational park trailer," a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and which:

            (a)    Is built on a single chassis mounted on wheels;

            (b)    Has a gross trailer area not exceeding four hundred square feet in the setup mode;

            (c)    Is certified by the manufacturer as complying with American National Standards Institute Standard No. A119.5 in effect on January 1, 2008; and

            (d)    Has at least a seventeen digit identification number and the manufacturer has designated the vehicle as a recreational park model on the manufacturer statement of origin;

            (13)    "Sell-it-yourself lot," any space provided to a person for a fee to display that person's boat or vehicle for sale;

            (14)    "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

            (15)    "Supplemental lot," a physically separate location owned and maintained by a licensed dealer within the same county as the principal place of business;

            (16)    "Temporary special events lot," a location other than the principal place of business, supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car dealer, or a licensed vehicle dealer selling only truck tractors, trailers, or motor homes, or any combination thereof, may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center sales, or tent sales. A temporary special events lot shall meet all local zoning and building codes for the type of business being conducted;

            (17)    "Temporary supplemental lot," a location other than the principal place of business or supplemental lot but within the same county as the principal place of business, or within the corporate limits of a municipality which overlaps boundaries of a county, or in an adjoining county, if the adjoining county has no licensed vehicle dealer selling automobiles, pick-ups, or passenger vans and the temporary supplemental lot is no more than ten miles from the principal place of business, where a licensed vehicle dealer or a licensed used vehicle dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auto shows, auctions, shopping center promotions, or tent sales. A temporary supplemental lot shall meet all local zoning and building codes for the type of business being conducted. If a licensed vehicle dealer establishes a temporary supplemental lot in a county with a licensed used vehicle dealer, a licensed used vehicle dealer may establish a temporary supplemental lot in a county with a licensed vehicle dealer. A licensed vehicle dealer may establish, for manufacturer sponsored events, a temporary supplemental lot in an adjoining county that has no like franchised licensed dealer;

            (18)    "Trailer," any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle;

            (19)    "Trailer dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new or used trailers, semitrailers or travel trailers or who is engaged in the business of selling new or used trailers, semitrailers or travel trailers whether or not such vehicles are owned by such person;

            (20)    "Travel trailer," any trailer or semitrailer which provides as its primary purpose adequate, comfortable, temporary living quarters while on pleasure excursions or while touring for business, professional, educational or recreational purposes;

            (21)    "Used vehicle dealer," any person who, for commission or with intent to make a profit or gain sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of used vehicles or who is engaged in the business of selling used vehicles; or any person who sells five or more used vehicles or offers for sale five or more used vehicles at the same address or telephone number in any one calendar year;

            (22)    "Vehicle," any new or used automobile, truck, truck tractor, motorcycle, motor home, trailer, semitrailer or travel trailer of the type and kind required to be titled and registered under chapters 32-3 and 32-5, except manufactured homes, mobile homes, mopeds or snowmobiles;

            (23)    "Vehicle dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used vehicles, or who is engaged wholly or in part in the business of selling new, or new and used vehicles.

    Section 3. That § 32-7A-1 be amended to read as follows:

    32-7A-1. Unless the context otherwise plainly requires, terms Terms used in this chapter mean:

            (1)    "Auxiliary lot," a physically separate location, such as a mobile home park, manufactured housing rental community, manufactured housing subdivision, or any residential lot, where a licensed dealer displays manufactured homes or mobile homes.

            (2)    "Dealer," any person, other than a manufacturer of a mobile home or a manufactured home, who sells three or more mobile homes or manufactured homes in any consecutive

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;

            (3)    "Department," the Department of Revenue;

            (4)    "Manufactured home," a structure, transportable in one or more sections, which is eight feet or more in width or forty feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and which contains in it the plumbing, heating, air conditioning and electrical systems. The term includes any structure which has been certified by the secretary of housing and urban development as having complied with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended and in effect on January 1, 1984;

            (5)    "Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:

            (a)    Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity; and

            (b)    Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing;

            (6)    "Supplemental lot," a physically separate location owned and maintained by a licensed dealer within the same county as the principal place of business;

            (7)    "Temporary supplemental lot," a location other than the principal place of business or supplemental lot where a licensed dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center promotions or tent sales. Such temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted.

    Section 4. That § 32-7B-1 be amended to read as follows:

    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.

    The term, offering to sell, as used in this section, does not mean traditional advertising. However, the term includes the physical presence in this state of a new or used vehicle offered for sale by a person not exempt pursuant to the provisions of § 32-6B-5. For an emergency vehicle dealer, as defined by § 32-6B-1, the term includes the submission of a bid proposal for the sale of a vehicle if the bid proposal is offered in response to a bid request originating in this state.

    Section 6. That § 32-6C-2 be amended to read as follows:

    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.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\137.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\138.wpd
CHAPTER 138

(SB 60)

Titling and licensing of boats and motor vehicles revised.


        ENTITLED, An Act to revise certain provisions regarding the titling and licensing of boats and motor vehicles and to establish certain penalties for violation of those provisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any large boat which is the property of the governmental units which are exempted from motor vehicle registration fees by §§ 32-5-42 and 32-5-42.1;

            (2)    Any large boat acquired by inheritance or bequest;

            (3)    Any large boat previously titled or licensed jointly in the names of two or more persons and subsequently transferred without consideration to one or more of such persons;

            (4)    Any large boat transferred without consideration between spouses, between a parent and child, and between siblings;

            (5)    Any large boat transferred pursuant to any mergers or consolidations of corporations or plans of reorganization by which substantially all of the assets of a corporation are transferred if the large boat was previously titled, licensed, and registered in this state;

            (6)    Any large boat transferred by a subsidiary corporation to its parent corporation for no or nominal consideration or in sole consideration of the cancellation or surrender of the subsidiary's stock if the large boat was previously titled, licensed, and registered in this state;

            (7)    Any large boat transferred between an individual and a corporation if the individual and the owner of the majority of the capital stock of the corporation are one and the same and if the large boat was previously titled and registered in this state;

            (8)    Any large boat transferred between a corporation and its stockholders or creditors if to effectuate a dissolution of the corporation it is necessary to transfer the title from the corporate entity to the stockholders or creditors and if the large boat was previously titled and registered in this state;

            (9)    Any large boat transferred between an individual and limited or general partnership if the individual and the owner of the majority interest in the partnership are one and the same person and if the large boat was previously titled and registered in this state;

            (10)    Any large boat transferred to effect a sale of all or substantially all of the assets of the business entity if the large boat was previously titled and registered in this state;

            (11)    Any large boat acquired by a secured party or lien holder in satisfaction of a debt;

            (12)    Any large boat sold or transferred which is eleven or more years old and which is sold or transferred for one thousand five hundred two thousand two hundred dollars or less before trade-in;

            (13)    Any damaged large boat transferred to an insurance company in the settlement of an insurance claim;

            (14)    Any large boat owned by a former resident of this state who returns to the state and who had previously paid excise tax to this state on the large boat as evidenced within the department's records or by submission of other acceptable proof of payment of such tax;

            (15)    Between corporations, both subsidiary and nonsubsidiary, if the individuals who hold a majority of stock in the first corporation also hold a majority of stock in the second corporation; but these individuals need not hold the same ratio of stock in both corporations provided the large boat was previously titled and registered in this state; and

            (16)    Any large boat transferred by a trustor to his trustee or from a trustee to a beneficiary of a trust.

    Section 4. That chapter 32-3 be amended by adding thereto a NEW SECTION to read as follows:

    Any dealer, upon the sale and delivery of any new motor vehicle, shall, within thirty days of the sale and delivery of the new motor vehicle, deliver to the purchaser the manufacturer's statement of origin or manufacturer's certificate of origin for the motor vehicle. However, notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the thirty-day period, the seller does not have to deliver the manufacturer's statement of origin or manufacturer's certificate of origin to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver the manufacturer's statement of origin or manufacturer's certificate of origin to the purchaser within fourteen days of the purchaser's default on the terms of the sale. 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.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\138.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\139.wpd
CHAPTER 139

(HB 1061)

Limited liability companies
included in motor vehicle licensing requirements.


        ENTITLED, An Act to include limited liability companies in certain provisions regarding the licensing of boats and motor vehicles and certain provisions regarding the dealers and manufacturers of certain vehicles, manufactured homes, and mobile homes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 32-3A-52 be amended to read as follows:

    32-3A-52. Exempt from the provisions of § 32-3A-50 are:


            (1)    Any large boat which is the property of the governmental units which are exempted from motor vehicle registration fees by §§ 32-5-42 and 32-5-42.1;

            (2)    Any large boat acquired by inheritance or bequest;

            (3)    Any large boat previously titled or licensed jointly in the names of two or more persons and subsequently transferred without consideration to one or more of such persons;

            (4)    Any large boat transferred without consideration between spouses, between a parent and child, and between siblings;

            (5)    Any large boat transferred pursuant to any mergers or consolidations of corporations or limited liability companies, or plans of reorganization by which substantially all of the assets of a corporation or limited liability company are transferred if the large boat was previously titled, licensed, and registered in this state;

            (6)    Any large boat transferred by a subsidiary corporation or limited liability company to its parent corporation or limited liability company for no or nominal consideration or in sole consideration of the cancellation or surrender of the subsidiary's stock if the large boat was previously titled, licensed, and registered in this state;

            (7)    Any large boat transferred between an individual and a corporation if the individual and the owner of the majority of the capital stock of the corporation are one and the same, or any large boat transferred between an individual and a limited liability company if the individual and the majority member of the limited liability company are one and the same, and if the large boat was previously titled and registered in this state;

            (8)    Any large boat transferred between a corporation or limited liability company and its stockholders, members, or creditors if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title from the corporate entity or limited liability company to the stockholders, members, or creditors and if the large boat was previously titled and registered in this state;

            (9)    Any large boat transferred between an individual and limited or general partnership if the individual and the owner of the majority interest in the partnership are one and the same person and if the large boat was previously titled and registered in this state;

            (10)    Any large boat transferred to effect a sale of all or substantially all of the assets of the business entity if the large boat was previously titled and registered in this state;

            (11)    Any large boat acquired by a secured party or lien holder in satisfaction of a debt;

            (12)    Any large boat sold or transferred which is eleven or more years old and which is sold or transferred for one thousand five hundred dollars or less before trade-in;

            (13)    Any damaged large boat transferred to an insurance company in the settlement of an insurance claim;

            (14)    Any large boat owned by a former resident of this state who returns to the state and who had previously paid excise tax to this state on the large boat as evidenced within the department's records or by submission of other acceptable proof of payment of such tax;

            (15)    Between Any large boat transferred between corporations, both subsidiary and nonsubsidiary, if the individuals who hold a majority of stock in the first corporation also hold a majority of stock in the second corporation; but these individuals need not hold the same ratio of stock in both corporations provided and if the large boat was previously

titled and registered in this state; and

            (16)    Any large boat transferred between limited liability companies, both subsidiary and nonsubsidiary, if the individuals who hold a majority interest in the first limited liability company also hold a majority interest in the second limited liability company and if the large boat was previously titled, licensed, and registered in this state; and

            (17)    Any large boat transferred by a trustor to his a trustee or from a trustee to a beneficiary of a trust.

    Section 2. That § 32-5-2.2 be amended to read as follows:

    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  

    The secretary may promulgate rules pursuant to chapter 1-26 to allow owners with different last names living in the same household to register their noncommercial vehicles in the same month.

    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.

    The provisions of this section do not apply to any motor vehicle titled and licensed in another jurisdiction which that is sold in this state through a dealer's car auction agency licensed under the provisions of chapter 32-6B.

    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:

            (1)    Any motor vehicle exempted in § 32-5-42, 32-5-42.1, or 32-5-1.3;

            (2)    Any motor vehicle acquired by inheritance from or bequest of a decedent;

            (3)    Any motor vehicle previously titled or licensed jointly in the names of two or more persons and subsequently transferred without consideration to one or more of such persons;

            (4)    Any motor vehicle transferred without consideration between spouses, between a parent and child, and between siblings;

            (5)    Any motor vehicle transferred pursuant to any mergers or consolidations of corporations or limited liability companies, or plans of reorganization by which substantially all of the assets of a corporation or limited liability company are transferred if the motor vehicle was previously titled, licensed, and registered in this state;

            (6)    Any motor vehicle transferred by a subsidiary corporation or limited liability company to its parent corporation or limited liability company for no or nominal consideration or in sole consideration of the cancellation or surrender of the subsidiary's stock if the motor vehicle was previously titled, licensed, and registered in this state;

            (7)    Any motor vehicle transferred between an individual and a corporation if the individual and the owner of the majority of the capital stock of the corporation are one and the same, or any motor vehicle transferred between an individual and a limited liability company if the individual and the majority member of the limited liability company are one and the same, and if the motor vehicle was previously titled, licensed, and registered in this state;

            (8)    Any motor vehicle transferred between a corporation or limited liability company and its stockholders, members, or creditors if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title from the corporate entity or limited liability company to the stockholders, members, or creditors and if the motor vehicle was previously titled, licensed, and registered in this state;

            (9)    Any motor vehicle transferred between an individual and a limited or general partnership if the individual and the owner of the majority interest in the partnership are one and the same person and if the motor vehicle was previously titled, licensed, and registered in this state;

            (10)    Any motor vehicle transferred to effect a sale of all or substantially all of the assets of the business entity if the motor vehicle was previously titled, licensed, and registered in this state;

            (11)    Any motor vehicle acquired by a secured party or lien holder in satisfaction of a debt;

            (12)    Any motor vehicle sold or transferred which that is eleven or more model years old and which that is sold or transferred for two thousand two hundred dollars or less before trade-in;

            (13)    Any damaged motor vehicle transferred to an insurance company in the settlement of an insurance claim;

            (14)    Any motor vehicle owned by a former resident of this state who returns to the state and

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;

            (15)    Between Any motor vehicle transferred between corporations, both subsidiary and nonsubsidiary, if the individuals who hold a majority of stock in the first corporation also hold a majority of stock in the second corporation; but these individuals need not hold the same ratio of stock in both corporations provided and if the motor vehicle was previously titled, licensed, and registered in this state;

            (16)    Any motor vehicle transferred between limited liability companies, both subsidiary and nonsubsidiary, if the individuals who hold a majority interest in the first limited liability company also hold a majority interest in the second limited liability company and if the motor vehicle was previously titled, licensed, and registered in this state;

            (17)    Any motor vehicle transferred by a trustor to his a trustee or from a trustee to a beneficiary of a trust;

            (17)(18)    Any motor vehicle rented for twenty-eight days or less is subject to the tax imposed by § 32-5B-20; and

            (18)(19)    Any motor vehicle transferred without consideration to any South Dakota nonprofit corporation which that will donate the motor vehicle to a needy family or individual.

    Section 5. That § 32-6B-6 be amended to read as follows:

    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:

            (1)    The name and address of the applicant;

            (2)    The name of the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;

            (3)    The name of the corporation or limited liability company, with the names and addresses of the principal officers or members, if the applicant is a body corporate corporation or limited liability company;

            (4)    The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a true copy of the lease shall accompany the application;

            (5)    A certification that the location provides an adequately equipped office and is not the residence of the applicant;

            (6)    A certification that the location affords sufficient space to adequately store all vehicles offered for sale;

            (7)    A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

            (8)    A consent to allow periodic inspections of the dealership by the department;

            (9)    A certification that the business of a vehicle dealer is the principal business conducted at the location;

            (10)    A description of the principal place of business and any supplemental lots;

            (11)    A statement that the applicant is either franchised by a manufacturer of vehicles, in which case the name of each vehicle that the applicant is franchised to sell shall be included or is a used vehicle dealer;

            (12)    A list of financial references;

            (13)    A certification that neither the applicant, nor any other partner, member, officer, or financial supporter, has been convicted of a crime involving vehicle theft or fraud in the last five years;

            (14)    Such other information as the department may require;

            (15)    Verification as to the accuracy of the information provided by the applicant;

            (16)    A certificate that the applicant has obtained a public liability insurance policy of not less than three hundred thousand dollars; and

            (17)    For any emergency vehicle dealer whose principal place of business is not located in South Dakota, proof it the dealer is a licensed dealer in another state and has no outstanding dealer violations.

    Section 6. That § 32-6C-3 be amended to read as follows:

    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:

            (1)    The name and address of the applicant;

            (2)    The name of the partnership, with the names and addresses of all partners;

            (3)    The name of the corporation or limited liability company, with the names and addresses of the principal officers or members, if the applicant is a corporation or limited liability company;

            (4)    The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a copy of the lease shall accompany the application;

            (5)    A certification that the location is the place where the applicant keeps and maintain books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

            (6)    A statement that the applicant is either franchised by a manufacturer of snowmobiles, in which case the name of each snowmobile that the applicant is franchised to sell shall be included, or is a used snowmobile dealer, or both;

            (7)    A certification that neither the applicant, nor any other partner, member, or officer has been convicted of a crime involving vehicle theft or fraud in the last five years;

            (8)    Such other information as the department may require.

    Section 7. That § 32-6D-1 be amended to read as follows:

    32-6D-1. Terms used in this chapter mean:



            (1)    "Consumer," the purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, and any other person entitled by the terms of such the warranty to enforce the obligations of the warranty;

            (2)    "Express warranty," a written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty;

            (3)    "Lemon law rights period," the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation, whichever first occurs;

            (4)    "Manufacturer," the person, firm, or corporation, or limited liability company engaged in the business of manufacturing, importing, or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale;

            (5)    "Motor vehicle," every vehicle intended primarily for use and operation on the public highways which is self-propelled. The term does not apply to any motor home or to any motor vehicle having a manufacturer's gross vehicle weight rating of ten thousand pounds or more;

            (6)    "Motor vehicle dealer" or "authorized dealer," any person operating under a dealer agreement from a manufacturer and licensed pursuant to chapter 32-6B;

            (7)    "Nonconforming condition," any condition of a motor vehicle which that is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and which that significantly impairs the use, value, or safety of the motor vehicle and occurs or arises solely in the course of the ordinary use of the motor vehicle, and which that does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after the motor vehicle was delivered by an authorized dealer to the consumer;

            (8)    "Notice of a nonconforming condition," a written statement delivered to the manufacturer and which describes the motor vehicle, the nonconforming condition, and all previous attempts to correct such nonconforming condition by identifying the person who made the attempt and the time the attempt was made.

    Section 8. That § 32-7A-4.1 be amended to read as follows:

    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:

            (1)    The name and address of the applicant;

            (2)    The name of the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;

            (3)    The name of the corporation or limited liability company, with the names and addresses of the principal officers or limited liability company, if the applicant is a body corporate corporation or limited liability company;

            (4)    The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a true copy of the lease shall accompany the application;

            (5)    A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

            (6)    A consent to allow periodic inspections of the dealership by the department;

            (7)    A description of the principal place of business and any supplemental lots;

            (8)    A statement that the applicant is either franchised by a manufacturer of manufactured homes or mobile homes, in which case the brand name of each home that the applicant is franchised to sell shall be included, or is a used manufactured home or mobile home dealer;

            (9)    The applicant's qualifications and business history, including whether the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate has ever been adjudged bankrupt or insolvent, or has any unsatisfied court judgments outstanding against them;

            (10)    Whether If the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate, has been convicted of a crime within the previous ten years that either related directly to the business for which the license is sought or involved fraud, misrepresentation, or misuse of funds, or has suffered a judgment in a civil action involving fraud, misrepresentation or conversion within the previous five years or has had any government issued license or permit suspended or revoked as a result of an action brought by federal or state governmental agency in this or any other state within the last five years;

            (11)    Such other information as the department may require; and

            (12)    Verification as to the accuracy of the information provided by the applicant.

    Section 9. That § 32-7B-4 be amended to read as follows:

    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:

            (1)    The name and address of the applicant;

            (2)    The name of the partnership, with the names and addresses of all partners;

            (3)    The name of the corporation or limited liability company, with the names and addresses of the principal officers or members, if the applicant is a corporation or limited liability company;

            (4)    The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a copy of the lease shall accompany the application;

            (5)    A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

            (6)    A statement that the applicant is either franchised by a manufacturer of boats, in which case the name of each boat that the applicant is franchised to sell shall be included, or is a used boat dealer, or both;

            (7)    A certification that neither the applicant, nor any other partner, member, or officer has been convicted of a crime involving theft or fraud in the last five years; and

            (8)    Such other information as the department may require.

    Section 10. That § 32-9-2 be amended to read as follows:

    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:

            (1)    Total amount paid to the State of South Dakota for commercial motor vehicle licenses on any such vehicles;

            (2)    Total amount which would have been paid to the State of South Dakota if all such vehicles had been licensed in South Dakota;

            (3)    Total miles traveled in South Dakota by all motor vehicles owned or leased by such the operator;

            (4)    Total miles traveled by all motor vehicles owned or leased by such the operator.

    If such the statement shall establish establishes that the ratio of (1) to (2) is at least as great as the ratio of (3) to (4), the secretary of revenue may certify that such the operator is eligible for the reciprocity provisions granted in § § 32-10-5 to 32-10-11, inclusive.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\139.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\140.wpd
CHAPTER 140

(HB 1059)

Mass transit motor vehicle exemptions revised.


        ENTITLED, An Act to revise certain provisions regarding the exemption of mass transit motor vehicles from licensing and registration fees and the motor vehicle excise tax.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    Any motor vehicle owned by the state, a municipality, or county that is used to provide mass transportation services shall be registered, upon application, in the manner provided for other motor vehicles. No fees may be charged for the registration of the vehicle. The department, upon receipt of payment for 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 licence plate special revenue fund.

    Any motor vehicle paid for, in full or in part, with funds received from the United States Department of Transportation which is used to provide mass transportation services shall be registered upon application, in the manner provided for other motor vehicles. No fees may be charged for the registration of the vehicle. The department, upon receipt of payment for 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. The secretary may, at any time, require the applicant to provide additional information to determine if the vehicle was paid for with funds received from the United States Department of Transportation.

    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:

            (1)    Any motor vehicle exempted in § 32-5-42, 32-5-42.1, section 2 of this Act, or 32-5-1.3;

            (2)    Any motor vehicle acquired by inheritance from or bequest of a decedent;

            (3)    Any motor vehicle previously titled or licensed jointly in the names of two or more persons and subsequently transferred without consideration to one or more of such persons;

            (4)    Any motor vehicle transferred without consideration between spouses, between a parent and child, and between siblings;

            (5)    Any motor vehicle transferred pursuant to any mergers or consolidations of corporations or plans of reorganization by which substantially all of the assets of a corporation are transferred if the motor vehicle was previously titled, licensed, and registered in this state;

            (6)    Any motor vehicle transferred by a subsidiary corporation to its parent corporation for no or nominal consideration or in sole consideration of the cancellation or surrender of the subsidiary's stock if the motor vehicle was previously titled, licensed, and registered in this state;

            (7)    Any motor vehicle transferred between an individual and a corporation if the individual and the owner of the majority of the capital stock of the corporation are one and the same

and if the motor vehicle was previously titled, licensed, and registered in this state;

            (8)    Any motor vehicle transferred between a corporation and its stockholders or creditors if to effectuate a dissolution of the corporation it is necessary to transfer the title from the corporate entity to the stockholders or creditors and if the motor vehicle was previously titled, licensed, and registered in this state;

            (9)    Any motor vehicle transferred between an individual and a limited or general partnership if the individual and the owner of the majority interest in the partnership are one and the same person and if the motor vehicle was previously titled, licensed, and registered in this state;

            (10)    Any motor vehicle transferred to effect a sale of all or substantially all of the assets of the business entity if the motor vehicle was previously titled, licensed, and registered in this state;

            (11)    Any motor vehicle acquired by a secured party or lien holder in satisfaction of a debt;

            (12)    Any motor vehicle sold or transferred which is eleven or more model years old and which is sold or transferred for two thousand two hundred dollars or less before trade-in;

            (13)    Any damaged motor vehicle transferred to an insurance company in the settlement of an insurance claim;

            (14)    Any motor vehicle owned by a former resident of this state who returns to the state and 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;

            (15)    Between corporations, both subsidiary and nonsubsidiary, if the individuals who hold a majority of stock in the first corporation also hold a majority of stock in the second corporation; but these individuals need not hold the same ratio of stock in both corporations provided the motor vehicle was previously titled, licensed, and registered in this state;

            (16)    Any motor vehicle transferred by a trustor to his trustee or from a trustee to a beneficiary of a trust;

            (17)    Any motor vehicle rented for twenty-eight days or less is subject to the tax imposed by § 32-5B-20; and

            (18)    Any motor vehicle transferred without consideration to any South Dakota nonprofit corporation which will donate the motor vehicle to a needy family or individual.

     Signed February 25, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\140.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\141.wpd
CHAPTER 141

(SB 59)

Motor vehicle license plates and decals, use regulated.


        ENTITLED, An Act to increase the penalty for the trafficking of vehicle license plates and decals, to prohibit and provide a penalty for the unauthorized transfer of a vehicle license plate or decal, and to impose a penalty for altering or forging certain vehicle registration cards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    Any person, other than a public official designated by this title to do so, who transfers any registered license plate or decal from the motor vehicle to which it is registered to any other motor vehicle is guilty of a Class 1 misdemeanor.

    Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    No person may alter or forge, or may cause to be altered or forged, a motor vehicle registration card or other temporary registration device or a copy of a card or device issued by the department pursuant to this chapter. Any violation of this section is a Class 6 felony.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\141.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\142.wpd
CHAPTER 142

(HB 1060)

Military specialty license plates provisions improved.


        ENTITLED, An Act to revise certain provisions regarding military speciality plates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean,

            (1)    "Veteran," any person who meets the provisions of § 33A-2-1;

            (2)    "Owner," any person who owns a motor vehicle that is operated or driven on the public highways of this state or any person with written authorization to act on behalf of and as an agent for the owner;

            (3)    "Active duty," active duty in the United States armed forces; and

            (4)    "Service," service in the United States armed forces.

    Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any owner may apply for a military specialty plate if the owner meets the requirements of this Act. The available military specialty plates are as follows:

            (1)    National Guard plate;

            (2)    Disabled veteran plate;

            (3)    Veteran plate;

            (4)    Active duty plate;

            (5)    Prisoner of War plate;

            (6)    Pearl Harbor survivor plate;

            (7)    Gold Star plate;

            (8)    Purple Heart plate;

            (9)    Medal of Honor plate;

            (10)    Silver Star plate;

            (11)    Distinguished Service Cross plate;

            (12)    Navy Cross plate;

            (13)    Air Force Cross plate;

            (14)    Distinguished Flying Cross plate;

            (15)    Bronze Star with Valor plate; and

            (16)    Bronze Star plate.

    Section 3. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any owner applying for a military specialty plate listed in section 2 of this Act shall meet the following general requirements:

            (1)    Be a resident of this state;

            (2)    Possess a valid South Dakota driver license;

            (3)    Comply with all state laws regarding registration and licensing; and

            (4)    Pay all associated fees pursuant to sections 6 and 7 of this Act.

    Section 4. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any owner applying for a military specialty plate listed in section 2 of this Act shall meet the following specific additional requirements for the respective military specialty plate:

            (1)    Any applicant for the National Guard plate must be an active enlisted member of the National Guard, an active commissioned member of the National Guard, or a retired member of the National Guard with twenty years or more of creditable service;

            (2)    Any applicant for the disabled veteran plate must be a veteran who has been rated as in receipt of a statutory benefit for loss or loss of use of one or more extremities, a veteran who receives a veteran's allotment for a total service-connected disability, or a veteran who has received a United States Veterans Administration K Award. The disability must have been incurred while serving on active duty during a time of war or while participating in a military mission involving armed conflict;

            (3)    Any applicant for the veteran plate must be an honorably discharged veteran who served on active duty;

            (4)    Any applicant for the active duty plate must currently be serving on active duty;

            (5)    Any applicant for the Prisoner of War plate must be a veteran who was a prisoner of war while serving on active duty;

            (6)    Any applicant for the Pearl Harbor survivor plate must have survived the attack at Pearl Harbor, Hawaii, on December 7, 1941, while serving on active duty, and have received an honorable discharge from the United States armed forces;

            (7)    Any applicant for the Gold Star plate must be a parent, spouse, sibling, or child of a member of the United States armed forces who died while serving this country on active duty or as a result of that service;

            (8)    Any applicant for the Purple Heart plate must be a veteran who received the Purple Heart as a result of the applicant's service;

            (9)    Any applicant for the Medal of Honor plate must be a veteran who received the Medal of Honor as a result of the applicant's service;

            (10)    Any applicant for the Silver Star plate must have received the Silver Star as a result of the applicant's service;

            (11)    Any applicant for the Distinguished Service Cross plate must have received the Distinguished Service Cross as a result of the applicant's service;

            (12)    Any applicant for the Navy Cross plate must have received the Navy Cross as a result of the applicant's service;

            (13)    Any applicant for the Air Force Cross plate must have received the Air Force Cross as a result of the applicant's service;

            (14)    Any applicant for the Distinguished Flying Cross plate must have received the Distinguished Flying Cross as a result of the applicant's service;

            (15)    Any applicant for the Bronze Star with Valor plate must have received the Bronze Star with Valor as a result of the applicant's service; and

            (16)    Any applicant for the Bronze Star plate must have received the Bronze Star as a result of the applicant's service.

    Section 5. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any owner applying for a military specialty plate shall submit an application, on a form prescribed by the secretary, to the county treasurer of the applicant's county of residence. Any applicant who submits a falsified application is guilty of a Class 1 misdemeanor. The secretary may, at any time, require the applicant to provide additional information to determine if the applicant meets the military specialty plate requirements. The secretary may confer with the Department of Military, the Department of Veterans Affairs, and the United States Department of Veterans Affairs, to determine if the applicant meets the military specialty plate requirements.

    Section 6. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    In addition to the noncommercial annual registration and plate fees, each person receiving military specialty plates shall pay an additional ten dollar fee for the initial issuance of the military specialty plates. All fees collected under this section shall be placed in the license plate special revenue fund.

    Section 7. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding section 6 of this Act or any other contrary provisions of this Act, each veteran receiving the disabled veteran, Prisoner of War, Pearl Harbor survivor, or Purple Heart military specialty plates shall pay a ten dollar fee for the initial issuance of the military specialty plate and an annual fee of ten dollars for renewal decals, but is not subject to the annual registration fees assessed pursuant to § 32-5-6 or 32-5-9.

    Notwithstanding section 6 of this Act or any other contrary provisions of this Act, each veteran receiving the Medal of Honor plate may not be assessed annual registration fees, pursuant to § 32-5-6 or 32-5-9, or any other fees associated with the military specialty plate or renewal decals.

    Each veteran receiving a disabled veteran, Prisoner of War, Pearl Harbor survivor, Purple Heart, or Medal of Honor military specialty plate may get a maximum of two sets of the applied for military specialty plate. The plates may be placed on any automobile, pickup truck, or van licensed pursuant to § 32-5-6 or a motorcycle licensed pursuant to § 32-5-9. The veteran may choose to place one of the two sets of military specialty plates on a noncommercial pickup truck, which weighs more than six thousand pounds, licensed pursuant to § 32-5-6.3, or a motor home licensed pursuant to § 32-5-6.1, but shall pay the regular annual registration fees pursuant to those sections.

    Section 8. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Each military specialty plate shall be reflectorized and validated with a decal each year in the same manner as a noncommercial license plate. Military specialty plates may only be used on automobiles, pickup trucks, or vans licensed pursuant to § 32-5-6, motorcycles licensed pursuant to § 32-5-9, pickup trucks licensed pursuant to § 32-5-6.3, or motor homes licensed pursuant to § 32-5-6.1. Military specialty plates shall be displayed in accordance with § 32-5-98.

    Section 9. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Military specialty plates shall be numbered and designed by the secretary, with the exception of the National Guard plate which shall be designed by the adjutant general and approved by the secretary. The military specialty plates shall meet the following specific requirements:

            (1)    The National Guard plate shall designate the owner as an active enlisted member of the National Guard, an active commissioned member of the National Guard, or a retired member of the National Guard;

            (2)    The disabled veteran plate shall consist of a white background bordered on the left by a

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;

            (3)    The veteran plate shall designate the owner as a veteran. The plate may allow for additional indication of the conflict, rank, or status of the veteran;

            (4)    The active duty plate shall designate the owner as currently serving on active duty. The plate may allow for additional indication of the conflict, rank, or status of the active duty member;

            (5)    The Prisoner of War plate shall contain a symbol indicating that the owner was a prisoner of war;

            (6)    The Pearl Harbor survivor plate shall contain a symbol indicating that the owner survived the attack at Pearl Harbor, Hawaii while serving on active duty;

            (7)    The Gold Star plate shall contain a symbol indicating that the owner is a parent, spouse, sibling, or child of a member of the United States armed forces who died while serving this country on active duty or as a result of that service;

            (8)    The Purple Heart plate shall contain a symbol indicating that the owner received the Purple Heart as a result of the owner's service;

            (9)    The Medal of Honor plate shall contain a symbol indicating that the owner received the Medal of Honor, including a facsimile of the medallion portion corresponding to the branch of the United States armed forces for which the owner served when the medal was received, as a result of the owner's service;

            (10)    The Silver Star plate shall contain a symbol indicating that the owner received the Silver Star as a result of the owner's service;

            (11)    The Distinguished Service Cross plate shall contain a symbol indicating that the owner received the Distinguished Service Cross as a result of the owner's service;

            (12)    The Navy Cross plate shall contain a symbol indicating that the owner received the Navy Cross as a result of the owner's service;

            (13)    The Air Force Cross plate shall contain a symbol indicating that the owner received the Air Force Cross as a result of the owner's service;

            (14)    The Distinguished Flying Cross plate shall contain a symbol indicating that the owner received the Distinguished Flying Cross as a result of the owner's service;

            (15)    The Bronze Star with Valor plate shall contain a symbol indicating that the owner received the Bronze Star with Valor as a result of the owner's service; and

            (16)    The Bronze Star plate shall contain a symbol indicating that the owner received the Bronze Star as a result of the owner's service.

    Section 10. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Military specialty plates shall be surrendered to the county treasurer of the owner's residence if the owner no longer qualifies for the plate. The county treasurer shall notify the secretary who shall make the necessary changes in the registration system. The military specialty plates may be retained by the owner's family upon the owner's death, but may not be displayed on any vehicle beyond the

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:

    If the ownership of a motor vehicle with a military specialty plate is transferred or assigned, the transferor shall remove the military specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration when the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the military specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made.

    No credit may be issued if the military specialty plate is detached and not reattached to another motor vehicle. If the transferor fails to remove the military specialty plates pursuant to this section, the transferor is not entitled to any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.

    Section 12. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    If a motor vehicle with a military specialty plate is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the motor vehicle shall remove the military specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration when the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the military specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made. If the military specialty plates were destroyed, the owner shall apply for a replacement set of plates pursuant to section 14 of this Act.

    No credit may be issued if the military specialty plate is detached and not reattached to another motor vehicle. If the owner fails to remove the military specialty plates pursuant to this section, the owner is not entitled to any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.

    Section 13. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    If any military specialty plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license plate special revenue fund.

    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.

     Signed February 25, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\142.wpd


Start Included file "Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\143.wpd
CHAPTER 143

(SB 61)

Specialty plates for motor vehicles provisions updated.


        ENTITLED, An Act to revise certain provisions regarding organization, first responder, and organ donor emblem speciality plates for motor vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any owner of a motor vehicle may apply for an emblem specialty plate if the owner meets the requirements of this Act. The available emblem specialty plates are as follows:

            (1)    Organization;

            (2)    First responder; or

            (3)    Organ donor.

    Section 2. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any applicant for an emblem specialty plate listed in section 1 of this Act shall meet the following general requirements:

            (1)    Be a resident of this state;

            (2)    Possess a valid South Dakota driver license;

            (3)    Comply with all state laws regarding registration and licensing; and

            (4)    Pay any applicable fee pursuant to section 4 of this Act.

    Section 3. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    All emblem specialty plates shall be reflectorized and validated with a sticker each year in the same manner as a noncommercial license plate. Emblem specialty plates may only be used on automobiles, pickup trucks, or vans licensed pursuant to § 32-5-6, motorcycles licensed pursuant to § 32-5-9, or pickup trucks licensed pursuant to § 32-5-6.3. Emblem specialty plates shall be displayed in accordance with § 32-5-98.

    Section 4. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    If the emblem specialty plates are requested at the time of initial application for title and registration of the vehicle, no additional fees are charged for the plates above the costs involved in registering the motor vehicle. If the emblem specialty plates are requested later or if the motor vehicle has current South Dakota plates, the owner shall surrender the current plates and pay a ten dollar fee for the emblem specialty plates. All fees collected under this section shall be placed in the license plate revolving fund.

    Section 5. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    If the ownership of a motor vehicle with an emblem specialty plate is transferred or assigned, the transferor shall remove the emblem specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration if the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the emblem specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made.

    No credit may be issued if the emblem specialty plate is detached and not reattached to another motor vehicle. If the transferor fails to remove the emblem specialty plates pursuant to this section, the transferor loses any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.

    Section 6. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    If a motor vehicle with an emblem specialty plate is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the motor vehicle shall remove the emblem specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration if the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the emblem specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made. If the emblem specialty plates were destroyed, the owner shall apply for a replacement set of plates pursuant to section 7 of this Act.

    No credit may be issued if the emblem specialty plate is detached and not reattached to another motor vehicle. If the owner fails to remove the emblem specialty plates pursuant to this section, the owner loses any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.

    Section 7. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    If any emblem specialty plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license plate revolving fund.

    Section 8. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:


    Each emblem specialty plate authorized by section 1 of this Act shall be retained for the same period of time as plates referred to in § 32-5-83.

    Section 9. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any entity applying for an emblem to be used on the emblem specialty plate shall submit an application, on a form prescribed by the secretary, to the department. Each application shall include a completed emblem design with the entity's logo and the entity's name, or in the case of a group organization emblem, an emblem design that clearly depicts the common purpose or theme of the group. In addition to the application, each entity applying for an organization emblem shall submit the following:

            (1)    A copy of the articles of incorporation for the entity;

            (2)    A copy of the charter or bylaws for the entity; and

            (3)    Any Internal Revenue Service ruling regarding the entity's nonprofit tax exemption status.

    Section 10. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any entity applying for an emblem to be used on an emblem specialty plate listed in section 1 of this Act shall meet the following general requirements:

            (1)    The primary activity or interest of the entity serves the community, contributes to the welfare of others, and is not offensive or discriminatory in its purpose, nature, activity, or name;

            (2)    The name and purpose of the entity does not promote any specific product or brand name that is provided for sale;

            (3)    The emblem of the entity does not promote a specific religion, faith, or anti-religious belief; and

            (4)    The application pursuant to section 9 of this Act and the emblem design must be approved by the department.

    Section 11. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Any entity applying for an emblem to be used on the emblem specialty plate shall also meet the following specific additional requirements for the respective emblem specialty plate:

            (1)    To qualify for an organization emblem, the entity shall be a nonprofit corporation, or a group of nonprofit corporations with a common purpose, on file with the Office of the Secretary of State and must have a minimum of two hundred members; and

            (2)    To qualify for a first responder emblem, the application and emblem design must be approved by the Department of Public Safety.

    Section 12. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

    Upon approval of an application and design for an emblem, the department may furnish the emblems to the entity or authorize the entity to produce the entity's approved emblem. If the department furnishes the emblem, the entity shall purchase no fewer than one hundred sets of

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.

    No emblems other than those authorized and approved by the department are permitted on emblem specialty license plates. Misuse of the emblems or use of unauthorized emblems is a Class 1 misdemeanor.

    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.

     Signed February 25, 2014
_______________
End Included file "Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\143.wpd


Start Included file $Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\144.wpd
CHAPTER 144

(HB 1056)

Motor vehicle taxes, regulation and licensing redone.


        ENTITLED, An Act to repeal certain provisions regarding the taxation, the licensing, and the regulation of motor vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The secretary of revenue shall file notice of approved national dealer or appraisal guides with the secretary of state indicating the effective date of such approval. Such filing is not subject to chapter

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.

     Signed February 25, 2014
_______________
End Included file $Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\144.wpd


Start Included file &Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\145.wpd
CHAPTER 145

(SB 95)

Vehicle dealer licensing revised.


        ENTITLED, An Act to revise certain vehicle dealer licensing provisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any employee of any person licensed as a vehicle dealer if engaged in the specific performance of the employee's duties;

            (2)    Any financial institution chartered or licensed in any other jurisdiction that acquires vehicles as an incident to the financial institution's regular business and sells the vehicles to dealers licensed under this chapter;

            (3)    Any nonprofit automobile club if selling automobiles twenty years old or older under the provisions of chapter 32-3;

            (4)    Any person acting as an auctioneer if auctioning South Dakota titled vehicles for a licensed dealer or a person who is exempt from the provisions of this chapter;

            (5)    Any person engaged in the business of manufacturing or converting new vehicles if selling the vehicles to a licensed dealer holding a franchise from the original manufacturer of the vehicle;

            (6)    Any person engaged in the business of manufacturing or customizing motor vehicles may

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;

            (7)    Any person engaged in the business of manufacturing trailers may display but may not sell any trailers 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. 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;

            (8)    Any person may sell motorcycles at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the applicant shall provide proof the applicant is a licensed dealer in the applicant's own state and has no outstanding dealer violations. The permit shall only be issued if the new motorcycles being sold are not franchised in this state. 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. 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;

            (9)    Any person may sell trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the applicant shall provide proof the applicant is a licensed dealer in the applicant's own state and has no outstanding dealer violations. The permit will only be issued if the trailers being sold are not franchised in this state. 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, regardless of whether or not there is a franchise in this state, any person may display a trailer at such an event. However, if the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. 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;

            (10)    Any person not engaged in the sale of vehicles as a business and is disposing of vehicles used solely for personal use if the vehicles were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

            (11)(7)    Any person not engaged in the sale of vehicles as a business who operates fleets of vehicles and is disposing of vehicles used in the person's business if the same were acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter;

            (12)(8)    Any person who sells less than five vehicles in a twelve-month period, unless the person is licensed as a dealer in another state or holds himself or herself out as being in the business of selling vehicles. However, if the vehicles are travel trailers, any person who sells less than three travel trailers in a twelve-month period;

            (13)(9)    Any public officer while performing the officer's official duties;

            (14)(10)    Any receiver, trustee, personal representative, guardian, or other person appointed by or acting under the judgment or order of any court;

            (15)(11)    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 vehicles as an incident to its regular business;

            (16)(12)    Any towing agency that acquires and sells a vehicle which has been towed at the request of a private landowner under the provision of chapter 32-36 or at the request of a law enforcement officer, if no vehicle is sold for an amount over two hundred dollars;

            (17)(13)    Any vehicle rental and leasing company that sells its used vehicles to dealers licensed under this chapter; and

            (18)(14)    Any South Dakota nonprofit corporation which gives a donated motor vehicle to a needy family or individual; and

            (19)    Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least thirty years old at a public auction on consignment if the title is issued in the name of the dealer and the dealer purchases a permit from the Department of Revenue. Before issuance of a permit, the applicant shall provide proof the applicant is a licensed dealer in the applicant's own state and has no outstanding dealer violations. If purchased in advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the permit. However, if the permit is purchased at or after the auction, the dealer shall pay a fee of five hundred dollars for the temporary permit. Any dealer 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.

    Section 2. That chapter 32-6B be amended by adding thereto a NEW SECTION to read as follows:

    The following persons do not need to be licensed pursuant to this chapter if the person meets the following conditions:

            (1)    Any person engaged in the business of manufacturing trailers may display but may not sell any trailers 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. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

            (2)    Any person may sell motorcycles at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the person shall provide proof the person is a licensed dealer in the person's own state and has no outstanding dealer violations. The permit may only be issued if the new motorcycles being sold are not franchised in this state. 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. Any person found to be in violation

of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

            (3)    Any person may sell trailers at an event, if the event lasts three or more days and if the person registers and purchases a permit from the Department of Revenue. Before issuance of a permit, the person shall provide proof the person is a licensed dealer in the person's own state and has no outstanding dealer violations. The permit may only be issued if the trailers being sold are not franchised in this state. 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, regardless of whether or not there is a franchise in this state, any person may display a trailer at such an event. However, if the permit is purchased at the event, the person shall pay a fee of five hundred dollars for the temporary permit. Any person found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation;

            (4)    Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least thirty years old at a public auction on consignment if the title is issued in the name of the dealer and the dealer purchases a permit from the Department of Revenue. Before issuance of a permit, the dealer shall provide proof the dealer is a licensed dealer in the dealer's own state and has no outstanding dealer violations. If purchased in advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the permit. However, if the permit is purchased at or after the auction, the dealer shall pay a fee of five hundred dollars for the temporary permit. Any dealer found to be in violation of the provisions of this subdivision shall be denied a temporary permit for a period of one year from the date of violation; and

            (5)    Any person engaged in the business of manufacturing or customizing motor vehicles may 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 of this subdivision shall be denied a temporary permit for a period of one year from the date of violation.

    Section 3. That § 32-6B-3.4 be amended to read as follows:

    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.

     Signed February 25, 2014
_______________
End Included file &Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\145.wpd


Start Included file (Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\146.wpd
CHAPTER 146

(SB 58)

Permits for harvest vehicles.


        ENTITLED, An Act to provide for permits to be issued for certain harvest vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    Each sticker permit, which is valid for a calendar year, shall be purchased from the county treasurer of any county through which the owner or operator may travel or from an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety. If the applicant requests that the sticker permit be mailed, the applicant shall pay one dollar per sticker permit sent to the owner through the mail. All fees collected shall be handled, accounted for, and distributed in the same manner as the other fees provided for in this chapter. A violation of this section is a Class 2 misdemeanor.

     Signed February 18, 2014
_______________
End Included file (Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\146.wpd


Start Included file *Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\147.wpd
CHAPTER 147

(HB 1159)

Clarify documentation needed
for veteran designation on driver license.


        ENTITLED, An Act to revise the documentation requirements for designation as a veteran on driver licenses, permits, and nondriver identification cards.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:


            (1)    Is an honorably discharged veteran having served in the armed forces of the United States;

            (2)    Has requested the designation on the license, permit, or nondriver identification card; and

            (3)    Has provided proof of the veteran's military service and honorable discharge by either submitting the U.S. military Form DD-214 DD Form 214, DD Form 2 (Retired), DD Form 2A (Reserve Retired), or a certificate signed by a county veterans service officer on a form prescribed by the South Dakota Department of Veterans Affairs.

     Signed March 14, 2014
_______________
End Included file *Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\147.wpd


Start Included file ,Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\148.wpd
CHAPTER 148

(SB 186)

Electronic driver license renewal requirements.


        ENTITLED, An Act to revise certain electronic driver license renewal requirements and to authorize electronic upgrades of restricted minor's permits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The applicant is a citizen or national of the United States or is an alien who has permanent resident status;

            (2)    The applicant has not had a material change in any personally identifiable information as defined in § 32-12-1. A change of address of principal residence does not constitute a material change;

            (3)    The applicant is not applying for reinstatement after a suspension, revocation, disqualification, or cancellation;

            (4)    The applicant submits two forms of proof of current address;

            (5)    The In case of a renewal application only, the applicant submits an affidavit a vision statement signed by a licensed optometrist or ophthalmologist that supplies proof that the applicant has adequate eyesight, if the applicant is sixty-five years of age or older at the time of renewal; and

            (6)    The applicant has complied with all other provisions of this chapter and is eligible for renewal by mail or electronic renewal as determined by the Department of Public Safety.

    Section 3. That § 32-12-12.3 be amended to read as follows:

    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.

     Signed March 14, 2014
_______________
End Included file ,Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\148.wpd


Start Included file .Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\149.wpd
CHAPTER 149

(SB 13)

Using a hand-held mobile phone is a serious traffic violation
and references to federal regulations updated.


        ENTITLED, An Act to make use of hand-held mobile telephones while driving a commercial motor vehicle a serious traffic violation and to update certain references to federal regulations regarding the issuance of commercial driver licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 32-12A-1 be amended to read as follows:

    32-12A-1. Terms used in this chapter mean:

            (1)    "Alcohol," any substance containing any form of alcohol;

            (2)    "Commercial driver license," or "CDL," a license issued in accordance with the requirements of this chapter to an individual that authorizes the individual to drive a class of commercial motor vehicle;

            (3)    "Commercial driver license information system," or "CDLIS," the information system established pursuant to the Commercial Motor Vehicle Safety Act (CMVSA) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;

            (4)    "Commercial driver instruction permit," a permit issued pursuant to § 32-12A-12;

            (5)    "Commercial motor vehicle," a motor vehicle designed or used to transport passengers or property:

            (a)    If the vehicle has a gross combination weight rating of twenty-six thousand one pounds or more and the towed unit has a gross vehicle weight rating of more than ten thousand pounds;

            (b)    If the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;

            (c)    If the vehicle is designed to transport sixteen or more passengers, including the driver; or

            (d)    If the vehicle is of any size and is used in the transportation of hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F, as amended through January 1, 2011 2014;

            (6)    "Controlled substance," any substance so classified under section 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)), and includes all substances listed on Schedules I through V, of 21 C.F.R. Part 1308, inclusive, as amended through January 1, 2011 2014;

            (7)    "Conviction," an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated;

            (8)    "Department," the Department of Public Safety;

            (9)    "Disqualification," any of the following actions:

            (a)    The suspension, revocation, or cancellation of a CDL by the state or jurisdiction of issuance;

            (b)    Any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight, or vehicle defect violations); or

            (c)    A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle;

            (10)    "Domicile," the state where a person has that person's true, fixed, and permanent home and principal residence and to which that person has the intention of returning whenever that person is absent;

            (11)    "Drive," to drive, operate, or be in actual physical control of a motor vehicle;

            (12)    "Driver," any person who drives, operates, or is in actual physical control of a commercial motor vehicle, or who is required to hold a commercial driver license;

            (13)    "Employer," any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;

            (14)    "Endorsement," an authorization to a person's CDL required to permit the person to operate certain types of commercial motor vehicles;

            (15)    "Fatality," the death of a person as the result of a motor vehicle accident;

            (16)    "Felony," any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;

            (17)    "Foreign jurisdiction," any jurisdiction other than a state of the United States;

            (18)    "Gross combination weight rating" or "GCWR," the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR shall be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon;

            (19)    "Gross vehicle weight rating," or "GVWR," the value specified by the manufacturer as the loaded weight of a single vehicle;

            (20)    "Hazardous materials," any material that has been designated as hazardous under 49 U.S.C. 5103 as amended through January 1, 2011 2014, and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended through January 1, 2011 2014;

            (21)    "Imminent hazard," the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment;

            (22)    "Medical variance," the receipt of one of the following that allows a driver to be issued a medical certificate:

            (a)    An exemption letter permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. part 381 or 49 C.F.R. part 391, as amended through January 1, 2011 2014; or

            (b)    A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. part 391, as amended through January 1, 2011 2014;

            (23)    "Motor vehicle," a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power, used on highways, but does not include any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail;

            (24)    "Noncommercial motor vehicle," a motor vehicle or combination of motor vehicles not defined as a commercial motor vehicle;

            (25)    "Nonresident CDL," a commercial driver license issued by a state to a person who resides in a foreign jurisdiction or a person domiciled in another state that is prohibited from issuing commercial driver licenses by the Federal Motor Carrier Safety Administration;

            (26)    "Notice of final administrative decision," a determination rendered by an agency of competent jurisdiction when all avenues of appeal have been exhausted or time to appeal has elapsed;

            (27)    "Operator's license," any license issued by a state to a person which authorizes the person full privileges to drive a motor vehicle;

            (28)    "Out-of-service order," an out-of-service order as defined by 49 C.F.R. part 390.5, as of January 1, 2011 2014;

            (29)    "Recreational vehicle," a vehicle which is self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use;

            (30)    "School bus," any motor vehicle that is used to transport sixteen or more passengers,

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;

            (31)    "Serious traffic violation," a conviction of:

            (a)    Excessive speeding, involving a single charge of any speed fifteen miles per hour or more, above the posted speed limit, in violation of chapter 32-25;

            (b)    Reckless driving, in violation of § 32-24-1;

            (c)    Careless driving, in violation of § 32-24-8;

            (d)    Improper or erratic traffic lane changes, in violation of § 32-26-6;

            (e)    Following the vehicle ahead too closely, in violation of § 32-26-40;

            (f)    A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident;

            (g)    Failure to stop or yield, in violation of §§ 32-29-2.1, 32-29-2.2, 32-29-3, and 32-29-4;

            (h)    Failure to stop or slow vehicle for a school bus, in violation of § 32-32-6;

            (i)    Eluding a police vehicle, in violation of § 32-33-18;

            (j)    Overtaking or passing another vehicle, in violation of §§ 32-26-26, 32-26-27, 32-26-28, 32-26-34, 32-26-35, 32-26-36, and 32-26-37;

            (k)    Driving a commercial motor vehicle without obtaining a commercial driver license, in violation of § 32-12A-6;

            (l)    Driving a commercial motor vehicle without a commercial driver license in the driver's possession in violation of § 32-12A-6. Any person who provides proof to the court or to the enforcement authority that issued the citation, by the date the person was required to appear in court or to pay a fine for the violation, that the person held a valid commercial driver license on the date the citation was issued, is not guilty of a serious traffic violation;

            (m)    Driving a commercial motor vehicle without the proper class of commercial driver license or endorsement, or both, for the specific vehicle group being operated or for the passengers or type of cargo being transported in violation of § 32-12A-6; or

            (n)    Violating a federal, state, or local law or rule prohibiting texting while driving;

            (o)    Utilizing a hand-held mobile telephone while driving a commercial vehicle;

            (32)    "State," a state of the United States and the District of Columbia;

            (33)    "United States," the fifty states and the District of Columbia.

    Section 2. That § 32-12A-34 be amended to read as follows:

    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.

     Signed March 24, 2014
_______________
End Included file .Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\149.wpd


Start Included file 0Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\150.wpd
CHAPTER 150

(HB 1079)

Revise lighting requirements for emergency vehicles.


        ENTITLED, An Act to authorize certain lighting on vehicles operated by ambulance service personnel.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    No person may use a light described authorized in this section except a fireman or search and rescue unit member while unless the person is actually en route to the scene of a fire or other emergency requiring his services as a fireman or search and rescue unit member, who the person's services and the person has been authorized in writing to so use a blue light. Such The authorization shall may be given by the chief of the fire department or, coordinator of the search and rescue unit, or operator or ambulance service director of the ambulance service only to members of the department or service who are in good standing.

    A The unauthorized use of a blue light in violation of this section is a Class 2 misdemeanor.

     Signed March 6, 2014
_______________
End Included file 0Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\150.wpd




Start Included file 2Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\151.wpd
CHAPTER 151

(SB 88)

Obsolete provisions regarding traction engines repealed.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding traction engines operated over bridges.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 32-19-4 be repealed.

     Signed February 27, 2014
_______________
End Included file 2Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\151.wpd


Start Included file 4Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\152.wpd
CHAPTER 152

(HB 1037)

Nonstate trunk highway speed zone authority.


        ENTITLED, An Act to authorize the Transportation Commission to establish limited speed zones on nonstate trunk highways under the jurisdiction of the Department of Transportation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file 4Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\152.wpd




Start Included file 6Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\153.wpd
CHAPTER 153

(HB 1177)

Texting while driving ban.


        ENTITLED, An Act to prohibit certain use of handheld electronic wireless communication devices while driving and to provide a penalty therefor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    No person may operate a motor vehicle on a highway while using a handheld electronic wireless communication device to write, send, or read a text-based communication. This section does not apply to a person who is using a handheld electronic wireless communication device:

            (1)    While the vehicle is lawfully parked;

            (2)    To contact any emergency public safety answering point or dispatch center;

            (3)    To write, read, select, or enter a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call; or

            (4)    When using voice operated or hands free technology.

    State or local law enforcement agencies shall enforce this section as a secondary action. A violation of this section is a petty offense with a fine of one hundred dollars.

    Section 2. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Electronic wireless communication device," a mobile communication device that uses short-wave analog or digital radio transmissions or satellite transmissions between the device and a transmitter to permit wireless telephone communications to and from the user of the device within a specified area;

            (2)    "Voice operated or hands free technology," technology that allows a user to write, send, or listen to a text-based communication without the use of either hand except to activate, deactivate, or initiate a feature or function; and

            (3)    "Write, send, or read a text-based communication," using an electronic wireless communications device to manually communicate with any person using text-based communication including communications referred to as a text message, instant message, or electronic mail.

    Section 3. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    The Department of Public Safety shall expend lawfully appropriated funds to develop and communicate a distracted drivers public awareness campaign.

    Section 4. That chapter 32-26 be amended by adding thereto a NEW SECTION to read as follows:

    No handheld electronic wireless communication device used in violation of this Act may be seized by a law enforcement officer to establish a violation of this Act. However, a handheld electronic wireless communication device may be seized upon compliance with the search and seizure requirements in chapter 23A-35.

    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.

     Signed March 28, 2014
_______________
End Included file 6Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\153.wpd


Start Included file 8Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\154.wpd
CHAPTER 154

(HB 1100)

Photo detection systems prohibited.


        ENTITLED, An Act to prohibit the use of certain photo monitoring devices to detect red light violations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as follows:

    No state, county, municipal, or township authority may contract with any private corporation to provide for the use of any photo monitoring device to detect any red light violation.

    Section 2. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as follows:

    For the purposes of this Act, the term, photo monitoring device, means a stationary, unmanned device used with a lighted traffic control device to detect a red light violation combined with a photographic identification of the vehicle which results in the issuance of a citation against the registrant, rather than the driver, of the vehicle.

    Section 3. That chapter 32-28 be amended by adding thereto a NEW SECTION to read as follows:

    This Act constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2.

     Signed March 26, 2014
_______________
End Included file 8Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\154.wpd



Start Included file :Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\155.wpd
CHAPTER 155

(HB 1122)

Collection of civil fines from speeding
or red light cameras in other states, limited.


        ENTITLED, An Act to define the limitations of interstate compacts relating to the collection of civil fines.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. Terms used in this Act mean:

            (1)    "Interstate compact," a voluntary arrangement between two or more states that becomes the law of each state;

            (2)    "Red light camera," an automated camera used to capture an image of a vehicle entering an intersection when the traffic light is signaling red;

            (3)    "Speed camera," an automated camera used to measure and record the speed of vehicles for the purpose of capturing an image of a vehicle that is traveling in excess of the posted speed limit;

            (4)    "Civil fine," a financial penalty imposed by a governmental entity that is imposed without proving the violation, beyond a reasonable doubt, to a court of law or duly impaneled jury.

    Section 2. The Department of Public Safety and the Division of Motor Vehicles shall not enter into any compact to provide to another state, or governmental entity located in another state, information used to impose or collect a civil fine that results from an alleged violation captured by a red light camera or speed camera.

    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.

     Signed March 28, 2014
_______________
End Included file :Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\155.wpd


Start Included file <Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\156.wpd
CHAPTER 156

(HB 1120)

Alternative documentation of financial responsibility for vehicles.


        ENTITLED, An Act to provide for alternative documentation of financial responsibility for vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 32-35-119 be amended to read as follows:


    32-35-119. With respect to persons asserting financial responsibility by means of a certificate of insurance, written evidence, for the purposes of § 32-35-117, is a copy of the insurance policy or bond or an identification card with the insurance policy number, name of insurer, the effective date of coverage, and the date of expiration or written confirmation from the insurer that the person was insured at the time of citation. 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.

    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.

     Signed March 14, 2014
_______________
End Included file <Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\156.wpd

MILITARY AFFAIRS

_______________


Start Included file >Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\157.wpd
CHAPTER 157

(SB 89)

Obsolete provisions repealed
regarding the medical department of the National Guard.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the medical department of the National Guard.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 33-3-26 be repealed.

     Signed March 6, 2014
_______________
End Included file >Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\157.wpd



Start Included file @Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\158.wpd
CHAPTER 158

(HB 1026)

Webster National Guard armory, ownership transferred.


        ENTITLED, An Act to provide for the transfer of the state's interests in the Webster National Guard armory and underlying land to the city of Webster.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file @Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\158.wpd


Start Included file BY:\LMDATA\SESSIONS\89-2014\SESSIO~1\159.wpd
CHAPTER 159

(HB 1027)

Watertown National Guard armory, ownership transferred.


        ENTITLED, An Act to provide for the transfer of the state's interests in the Watertown National Guard armory to the city of Watertown.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file BY:\LMDATA\SESSIONS\89-2014\SESSIO~1\159.wpd


Start Included file DY:\LMDATA\SESSIONS\89-2014\SESSIO~1\160.wpd
CHAPTER 160

(SB 32)

Appropriation for National Guard armory construction in Watertown.


        ENTITLED, An Act to revise previous appropriations for National Guard armory construction, to make an appropriation for a land purchase adjacent to the Watertown armory, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That section 1 of chapter 177 of the 2006 Session Laws be amended to read as follows:

    Section 1. There is hereby appropriated from the general fund the sum of one million seven hundred eighty-nine thousand dollars ($1,789,000) one million nine hundred forty thousand seven hundred sixty-eight dollars ($1,940,768), or so much thereof as may be necessary, and twenty-one million one hundred twenty thousand dollars ($21,120,000), or so much thereof as may be necessary, of federal funds fund expenditure authority available to the Department of the Military and Veterans Affairs for the design and construction of an armory in Watertown, and to purchase approximately 25.6 acres of land adjacent to the Watertown armory.

    Section 2. That section 2 of chapter 177 of the 2006 Session Laws be amended to read as follows:

    Section 2. The amounts appropriated in section 1 of this Act are for the following purposes:

            (1)    Armory design, one hundred seventy-eight thousand nine hundred dollars ($178,900) from the general fund and one million nine hundred twenty thousand dollars ($1,920,000) from federal funds available to the Department of the Military and Veterans Affairs;

            (2)    Armory construction, one million six hundred ten thousand one hundred dollars ($1,610,100) and purchase of land, one million four hundred ten thousand six hundred twenty-eight dollars ($1,410,628) from the general fund and nineteen million two hundred thousand dollars ($19,200,000) from federal funds available to the Department of the Military and Veterans Affairs;

            (3)    Purchase of adjacent land, three hundred fifty-one thousand two hundred forty dollars ($351,240) to purchase Lot C1 and Lot H2 in the Southwest Quarter (SW¼) of Section Twenty-four (24), Township One Hundred Seventeen (117) North, Range Fifty-three (53) West of the 5th P.M., less the East 363 feet of the North 1,468 feet of said Quarter, less Wilkey's Subdivision, less that portion of said Quarter lying South of South Dakota State Highway 20, and less road right-of-way deed from said Quarter, Codington County, South Dakota.

    Section 3. That section 1 of chapter 169 of the 2010 Session Laws be amended to read as follows:

    Section 1. That section 7 of chapter 177 of the 2006 Session Laws be amended to read as follows:

    Section 7. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2014 2016, shall revert in accordance with § 4-8-21 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.

     Signed March 14, 2014
_______________
End Included file DY:\LMDATA\SESSIONS\89-2014\SESSIO~1\160.wpd

VETERANS AFFAIRS

_______________


Start Included file FY:\LMDATA\SESSIONS\89-2014\SESSIO~1\161.wpd
CHAPTER 161

(SB 151)

Appointment process revised
for State Veterans Home superintendent.


        ENTITLED, An Act to revise the appointment process for the State Veterans Home superintendent.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 10, 2014
_______________
End Included file FY:\LMDATA\SESSIONS\89-2014\SESSIO~1\161.wpd




Start Included file HY:\LMDATA\SESSIONS\89-2014\SESSIO~1\162.wpd
CHAPTER 162

(HB 1111)

Veterans home near Hot Springs, and appropriation.


        ENTITLED, An Act to revise certain provisions related to the design, construction, and equipping of a veterans home near Hot Springs, to make an appropriation therefor, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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 4. That chapter 33 of the 2011 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

    Section 8. There is hereby appropriated the sum of twenty-three million five hundred ninety-nine thousand nine hundred thirty-four dollars ($23,599,934), or so much thereof as may be necessary, in federal fund expenditure authority, and the sum of sixteen million three hundred sixty-five thousand forty-four dollars ($16,365,044), or so much thereof as may be necessary, in other fund expenditure authority from the general fund to the Department of Veterans Affairs for costs related to the design, construction, land purchase, and equipping of a veterans' home near Hot Springs. The secretary of the Department of Veterans Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in this section.

    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.

     Signed March 28, 2014
_______________
End Included file HY:\LMDATA\SESSIONS\89-2014\SESSIO~1\162.wpd



PUBLIC HEALTH AND SAFETY

_______________


Start Included file JY:\LMDATA\SESSIONS\89-2014\SESSIO~1\163.wpd
CHAPTER 163

(SB 31)

Family physician recruitment assistance appropriation.


        ENTITLED, An Act to make an appropriation to reimburse certain family physicians who have complied with the requirements of the recruitment assistance program and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 14, 2014
_______________
End Included file JY:\LMDATA\SESSIONS\89-2014\SESSIO~1\163.wpd


Start Included file LY:\LMDATA\SESSIONS\89-2014\SESSIO~1\164.wpd
CHAPTER 164

(SB 29)

Campground regulation updated.


        ENTITLED, An Act to revise certain provisions in statute and administrative rules regarding the regulation of campgrounds and the license fee for campgrounds and to repeal administrative rules regulating primitive campgrounds, full-service campgrounds, limited service campgrounds, and temporary campgrounds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 34-18-1 be amended to read as follows:

    34-18-1. Terms used in this chapter mean:



            (1)    "Campground," a plot of ground for public use upon which two or more campsites are located, established, maintained, advertised, or held out to the public to be a place where camping units can be located and occupied as temporary living quarters for children or adults, or both. Camping units are considered to be trailers, tent campers, campers, tents, recreational park trailers, or other equipment that may be used by the public at individual campsites located at campgrounds or areas used by the public as campgrounds;

            (2)    "County fair," any fair or celebration operated by any county of this state and under the supervision of a county fair board, county fair association, or the county board of commissioners;

            (3)    "Department," the Department of Health;

            (4)    "Food," any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption;

            (5)    "Food service establishment," any fixed restaurant; coffee shop; cafeteria; short-order café; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; catering kitchen; delicatessen; bakery; grocery store; boardinghouse; or similar place in which food or drink is prepared for sale or for service to the public on the premises or elsewhere with or without charge;

            (6)    "Full-service campground," a campground that provides services to accommodate all types of campers and camping units. The campground shall have a service building, an approved water supply, and an approved waste collection system;

            (7)    "Hotel," any hotel, motel, lodge, resort, cabins, building, or buildings with more than ten rental units which is used to provide sleeping accommodations for a charge to the public;

            (8)    "Limited-service campground," a campground that offers limited services for self-contained and independent camping units only. All camping units shall be equipped with separate potable water and sewage holding tanks on each unit. The campground shall have an approved water supply and an approved waste collection system;

            (9)(7)    "Lodging establishment," any building or other structure and property or premises kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to two or more transient guests. The term includes hotels, motels, cabins, bed and breakfast establishments, lodges, vacation home establishments, dude ranches, and resorts;

            (10)(8)    "Mobile food service establishment," any mobile unit in which food or drink is prepared for sale or for service to the public with or without charge;

            (11)(9)    "Nonprofit organization," any governmental organization, church, fraternal, social, school, youth, or other similar organization that is organized and operated for a common good and not for the specific monetary gain of any person or persons;

            (12)(10)    "Owner," the operator, agent, proprietor, manager, or licensee whether it be a person, firm, corporation, limited liability company, or association;

            (13)    "Primitive campground," a campground accessible by nonmotorized methods of travel. The campground shall be equipped with an approved limited waste collection system;

            (14)(11)    "Rental unit," any room, cabin, or other quarters that may be rented to a guest for sleeping accommodations;

            (15)(12)    "Secretary," the secretary of the Department of Health;

            (16)(13)    "Specialty resort," any bed and breakfast establishment, lodge, dude ranch, resort, building, or buildings used to provide accommodations or recreation for a charge to the public, with no more than ten rental units for up to an average of twenty guests per night and in which meals are provided to only the guests staying at the specialty resort;

            (17)(14)    "State Fair," the fair at Huron, South Dakota, operated by the Department of Agriculture;

            (18)    "Temporary campground," a campground that is operated for a single event such as a fair, rally, or festival involving the gathering of camping units and is licensed for a maximum of fourteen consecutive days or less;

            (19)(15)    "Temporary food service establishment," any food service establishment which operates at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering;

            (20)(16)    "Transient guest," any person who resides in a lodging establishment less than four consecutive calendar weeks;

            (21)(17)    "Vacation home establishment," any home, cabin, or similar building that is rented, leased, or furnished in its entirety to the public on a daily or weekly basis for more than fourteen days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in subdivision 34-18-9.1(1);

            (22)(18)    "Water recreational facility," any artificial basin of water located at a facility licensed pursuant to chapter 34-18 constructed, installed, modified, or improved for the purpose of swimming, wading, diving, or recreation, including swimming pools, spas, hot tubs, and water slides.

    Section 2. That § 34-18-11.1 be amended to read as follows:

    34-18-11.1. The annual license fee for a campground shall be as follows is:

            (1)    Full-service campground;

            (a)    Two to twenty-five campsites, inclusive, seventy-five dollars;

            (b)(2)    Twenty-six to one hundred campsites, inclusive, one hundred thirteen dollars;

            (c)(3)    One hundred one to two hundred campsites, inclusive, one hundred fifty dollars;

            (d)(4)    Two hundred one to three hundred campsites, inclusive, one hundred eighty-eight dollars; and

            (e)(5)    Three hundred one or more campsites, two hundred twenty-five dollars;

            (2)    Limited-service campground, one hundred thirteen dollars;

            (3)    Temporary campground, seventy-five dollars; and

            (4)    Primitive campground, seventy-five dollars.

    Section 3. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:01. Definitions. Words defined by SDCL 34-18-1 have the same meaning when used in this chapter. In addition, the terms used in this chapter mean:

    (1) "Camping cabin," any structure or building that is used to accommodate overnight sleeping guests and is dependent on a service building for restroom fixtures;

    (2) "Camping unit," any trailer, tent camper, camper, camping cabin, tent, recreational park trailer, or other equipment that may be used by the traveling public at individual campsites located at campgrounds or areas used by the public as campgrounds;

    (3) "Campsite," a specific parcel of land in a campground intended for occupancy and use by a single camping unit;

    (4) "Community water system," a system that is regulated by the Department of Environment and Natural Resources that meets the requirements set forth in ARSD chapter 77:04:12;

    (5) "Designated agent," a municipal, county, or district health department that has been designated as an agent of the secretary as provided in SDCL 34-18-7;

    (6) "Egress window," a window of sufficient size to meet the requirements of section 15 of this Act so that an occupant of a guest room can escape through the window in an emergency;

    (7) "EPA-certified laboratory," a laboratory which meets the requirements outlined in chapter 74:04:07;

    (8) "Inspection," an objective examination of a campground by the department to review the employee practices, sanitary conditions, and health standards in accordance with SDCL chapter 34-18 and this chapter;

    (9) "Private water system," a water system that serves a campground, food service establishment, or lodging establishment that is not a public water system regulated by the Department of Environment and Natural Resources;

    (10) "Public water system," a system that is regulated by the Department of Environment and Natural Resources that meets the requirements set forth in ARSD chapter 77:04:12;

    (11) "Sanitary dump station," a facility used for the removal and disposal of wastes from a camping unit holding tank and that has a water connection for the necessary flushing of the area; and

    (12) "Service building," a structure housing toilet, lavatory, and bathing facilities.

    Section 4. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:02. Water supply. The owner shall provide an accessible, adequate, and safe supply of water to each campground facility. If a public water system of the quantity, quality, and pressure approved by the Department of Environment and Natural Resources is available, the owner shall provide that a connection is made to the system and the system's water supply is used exclusively. The owner of a private water system shall submit water samples quarterly to an EPA-certified laboratory for bacteriological analysis while the campground is in operation. The owner shall submit a nitrate test of the water supply system yearly. The owner of a private water system shall report any unsafe water sample to the department within three days. If an unsafe drinking water sample is reported, the campground shall provide two consecutive safe water samples prior to allowing the public to use the private water supply. No wellhead or well casing opening may be in a pit, room, or space that is below ground surface.

    Section 5. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:03. Water connection system. All water connection and piping systems shall meet the uniform plumbing code as adopted by the state plumbing commission pursuant to SDCL 36-25-15.

    Section 6. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:04. Waste water disposal. Each campground shall have a wastewater collection and treatment system to convey and dispose of all wastewater. The system shall be designed, constructed, and maintained in accordance with specifications for individual and small on-site wastewater systems pursuant to chapter 74:53:01 and shall meet the uniform plumbing code as adopted by the state plumbing commission pursuant to SDCL 36-25-15.

    Section 7. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:05. Condition of grounds. The owner shall provide that the grounds are kept free of rubbish, trash, or debris that is or could become a health or safety hazard to any occupant or surrounding resident.

    Section 8. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:06. Garbage and rubbish storage and disposal. The stored garbage and rubbish shall be kept in a leakproof, nonabsorbent container that is kept covered with a tight-fitting lid when filled, stored, or not in continuous use. Accessibility by insects, rodents, and other animals shall be minimized. No disposal of garbage and rubbish may create a health hazard. Disposal of rubbish shall be done as frequently as needed to minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

    Section 9. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:07. Vermin control. Each building and area of the campground shall be constructed, equipped, and maintained to prevent the entrance, harborage, or breeding of flies, roaches, rats, mice, and all other insects and vermin. If there is an infestation, the department may require the owner of the campground to clean, renovate, and fumigate the campground to eliminate and to prevent the pests. The department may require the campground to hire a professional exterminator to exterminate pests under the following conditions:

    (1) The infestation is so extensive that it is unlikely that a nonprofessional can eradicate the pests effectively;

    (2) The method of extermination of choice can only be carried out by a professional exterminator; or

    (3) The department finds that a campground has not been brought into compliance with a prior order to rid the establishment of pests.

    The department shall require regularly scheduled professional extermination services following the determination of an excessive pest infestation.

    Section 10. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:08. Fire protection. Portable fire extinguishers shall be provided in an accessible area for use and shall be maintained in an operable condition. Each fire extinguisher shall be rated a minimum of 2A10BC and must be accessible to the public at all times.

    Section 11. That ARSD 44:02:14 be amended to read as follows:



    44:02:14:09. Sanitary dump station. A campground may provide a sanitary dump station. Each sanitary dump station shall meet the uniform plumbing code as adopted by the state plumbing commission pursuant to SDCL 36-25-15.

    Section 12. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:10. Sewer connection system. If a sewer connection system is provided, it shall meet the uniform plumbing code as adopted by the state plumbing commission pursuant to SDCL 36-25-15.

    Section 13. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:11. Swimming pools and spas. Each swimming pool, spa, or other similar recreational facility shall comply with requirements in the "Recommended Standards for Swimming Pool Design and Operation," 1996 edition, Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers. The owner or operator of a swimming pool, spa, or other water recreational facility shall collect and submit at least one water sample weekly for each swimming pool, spa, or other water recreational facility under the owner's or manager's control to an EPA-certified laboratory for bacteriological analysis. A copy of the daily log and weekly water sample results taken shall be kept onsite of the facility and available for inspection at all times. The owner or operator shall report any unsafe water sample test results to the department within three days after receipt of the test results. Upon receipt of a positive water sample the owner or operator of the facility shall submit two consecutive negative samples to the department to confirm treatment procedures have eliminated the contamination. If a resample test is positive, the owner or operator of the facility shall close the affected water recreational facility and submit two consecutive negative samples prior to allowing guest use of the affected water recreational facility. A colorimetric test kit shall be used for the monitoring and adjusting of disinfectant levels and pH in swimming pool, spa, or any other water recreational facility. The owner or operator of the facility shall maintain a daily log of disinfectant levels and pH.

    Section 14. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:12. Toilet and bathing facilities. The campground may provide toilets, showers, and lavatories in one or more service buildings for patron use. The service building can consist of men's or women's, or unisex facilities. Toilet and bathing facilities must meet the uniform plumbing code as adopted by the state plumbing commission pursuant to SDCL 36-25-15. Each room containing a sanitary or laundry facility must have sound-resistant walls extending to the ceiling between male and female sanitary facilities. Each floor, wall, and ceiling shall be constructed of light-colored, smooth, nonabsorbent, durable, and easily cleanable material. Each concrete, brick, or pumice block shall be finished and sealed to provide a smooth, flat, easily cleanable surface. Each floor, wall, and ceiling in the service building shall be kept clean and in good repair. Each toilet, lavatory, and bathing fixture shall be kept clean, sanitary, and in good repair. Each restroom fixture shall be cleaned and sanitized daily or more often as needed. Each cleaner, sanitizer, and disinfectant shall comply with 40 C.F.R. § 180.940, July 1, 2013. Each room shall have at least one screened window that can be easily opened or a mechanical device that ventilates the room. Each fixture shall be maintained in good repair. Each opening for ventilation or entrance shall be kept screened at all times to prevent the entrance of insects and vermin into the facility. Each service building room shall be equipped with nonglare lighting to provide at least 10 footcandles on all surfaces except those used for reading, shaving, or the application of cosmetics. For these areas, a minimum of 30 footcandles shall be provided.

    Section 15. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:13. Camping cabins. Any structure that is provided for use by overnight guests shall meet the following requirements:

    (1) Each camping cabin shall have no more than two sleeping rooms;

    (2) Each sleeping room shall either directly exit to the outside or be equipped with an operable egress window. Each egress window shall have at least a net clear opening of 5.7 square feet and shall be at least 24 inches high and at least 20 inches wide. The egress window shall open from the inside of the guest room without the use of any special tool or knowledge. The egress window shall have a finished height of not more than 48 inches above the floor. For camping cabins constructed before July 1, 2009, each grade level egress window shall have at least a net clear opening of 5.0 square feet and shall be at least 24 inches high and at least 20 inches wide;

    (3) Each floor, wall, and ceiling shall be constructed of durable, nonabsorbent, easily cleanable materials and cleaned and sanitized between guests;

    (4) Each mattress provided shall be protected or covered with an impermeable cover to prevent the infestation of pests and filth;

    (5) A hard-wired or battery-operated smoke detector shall be provided in each camping cabin;

    (6) No bathroom facility may be provided in the camping cabin;

    (7) Each window and opening to the outside that is not a door shall be screened to prevent the entrance of vermin and insects; and

    (8) Any fuel fired heating equipment located inside the camping cabin shall be inspected at least once a year by a person in the business of heating system maintenance. A written verification of the inspection shall be kept on file in the campground with the date of the inspection, a written statement by the person making the inspection, and that person's signature.

    Section 16. That ARSD 44:02:14 be amended to read as follows:

    44:02:14:14. Bedding and linen. If a campground owner or operator furnishes linens for use by a guest using the camping cabin, the owner or operator shall furnish each guest with clean sheets and pillow cases for the bed, bunk, or cot to be occupied by the guest. Sheets shall be of sufficient width and length to cover the mattress completely. Any bath linen, sheets, and pillow cases used by one guest shall be washed and mechanically dried before being furnished to another guest. Any bedding, including mattress, mattress pad, quilt, blanket, pillows, sheets, and spreads, and all bath linen shall be kept clean, in good repair, and stored in a sanitary manner. Separate laundry containers shall be provided for clean and soiled laundry. Any soiled linen, uniform, and other garment shall be kept separate from clean linen to prevent cross-contamination. Any clean linen shall be stored on smooth, nonabsorbent, cleanable surfaces located a minimum of six inches above the floor.

    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 25. That ARSD 44:02:09:08 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 53. That ARSD 44:02:10:24 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 81. That ARSD 44:02:11:16 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 109. That ARSD 44:02:12:17 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.

     Signed March 6, 2014
_______________
End Included file LY:\LMDATA\SESSIONS\89-2014\SESSIO~1\164.wpd


Start Included file NY:\LMDATA\SESSIONS\89-2014\SESSIO~1\165.wpd
CHAPTER 165

(HB 1024)

Controlled substances schedule revised.


        ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Bufotenine;

            (2)    Diethyltryptamine (DET);

            (3)    Dimethyltryptamine (DMT);

            (4)    5-methoxy-N, N-Dimethyltryptamine (5-MeO-DMT);

            (5)    5-methoxy-3, 4-methylenedioxy amphetamine;

            (6)    4-bromo-2, 5-dimethoxyamphetamine;

            (7)    4-methoxyamphetamine;

            (8)    4-methoxymethamphetamine;

            (9)    4-methyl-2, 5-dimethoxyamphetamine;

            (10)    Hashish and hash oil;

            (11)    Ibogaine;

            (12)    Lysergic acid diethylamide;

            (13)    Mescaline;

            (14)    N-ethyl-3-piperidyl benzilate;

            (15)    N-methyl-3-piperidyl benzilate;

            (16)    1-(-(2-thienyl)cyclohexyl) piperdine piperidine (TCP);

            (17)    Peyote, except that when used as a sacramental in services of the Native American church in a natural state which is unaltered except for drying or curing and cutting or slicing, it is hereby excepted.;

            (18)    Psilocybin;

            (19)    Psilocyn;

            (20)    Tetrahydrocannabinol, other than that which occurs in marijuana in its natural and unaltered state, including any compound, except nabilone or compounds listed under a different schedule, structurally derived from 6,6. dimethyl-benzo[c]chromene by substitution at the 3-position with either alkyl (C3 to C8), methyl cycloalkyl, or adamantyl groups, whether or not the compound is further modified in any of the following ways:

            (a)    By partial to complete saturation of the C-ring; or

            (b)    By substitution at the 1-position with a hydroxyl or methoxy group; or

            (c)    By substitution at the 9-position with a hydroxyl, methyl, or methylhydoxyl group; or

            (d)    By modification of the possible 3-alkyl group with a 1,1. dimethyl moiety, a 1,1. cyclic moiety, an internal methylene group, an internal acetylene group, or a terminal halide, cyano, azido, or dimethylcarboxamido group.

                Some trade and other names: JWH-051; JWH-057; JWH-133; JWH-359; HHC; AM-087; AM-411; AM-855, AM-905; AM-906; AM-2389; HU-210; HU-211; HU-243; HU-336;

            (21)    3, 4, 5-trimethoxy amphetamine;

            (22)    3, 4-methylenedioxy amphetamine;

            (23)    3-methoxyamphetamine;

            (24)    2, 5-dimethoxyamphetamine;

            (25)    2-methoxyamphetamine;

            (26)    2-methoxymethamphetamine;

            (27)    3-methoxymethamphetamine;

            (28)    Phencyclidine;

            (29)    3, 4-methylenedioxymethamphetamine (MDMA);

            (30)    3, 4-methylenedioxy-N-ethylamphetamine;

            (31)    N-hydroxy-3, 4-methylenedioxyamphetamine;

            (32)    4-methylaminorex (also known as 2-Amino-4-methyl/x-5-phenyl-2-oxazoline);

            (33)    2,5 Dimethoxy-4-ethylamphetamine;

            (34)    N,N-Dimethylamphetamine;

            (35)    1-(1-(2-thienyl)cyclohexyl)pyrrolidine;

            (36)    Aminorex;

            (37)    Cathinone and other variations, defined as any compound, material, mixture, preparation or other product unless listed in another schedule or an approved FDA drug (e.g. buproprion, pyrovalerone), structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:

            (a)    By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substitutents;

            (b)    By substitution at the 3-position with an acyclic alkyl substituent;

            (c)    by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

                Some trade or other names: methcathinone, 4-methyl-N-methylcathinone (mephedrone); 3,4-methylenedioxy-N-methylcathinone (methylone); 3,4-methylenedioxypyrovalerone (MDPV); Naphthylpyrovalerone (naphyrone); 4-flouromethcathinone (flephedrone); 4-methoxymethcathinone (methedrone; Bk-PMMA); Ethcathinone (N-Ethylcathinone); 3,4-methylenedioxyethcathinone (ethylone); Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (butylone); N,N-dimethylcathinone (metamfepramone); Alpha-pyrrolidinopropiophenone (alpha-PPP); 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP); 3,4-methylenedioxyalphapyrrolidinopropiophenone (MDPPP); Alpha-pyrrolidinovalerophenone (alpha-PVP); 3-fluoromethcathinone; 4.-Methyl-alpha-pyrrolidinobutiophenone (MPBP); Methyl-.-pyrrolindinopropiophenone (MPPP); Methyl-.-pyrrolidino-hexanophenone (MPHP); Buphedrone; Methyl-N-ethylcathinone; Pentedrone; Dimethylmethcathinone (DMMC); Dimethylethcathinone (DMEC);

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;

            (38)    2,5-Dimethoxy-4-ethylamphetamine (DOET);

            (39)    Alpha-ethyltryptamine;

            (40)    4-Bromo-2,5-dimethoxy phenethylamine;

            (41)    2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);

            (42)    1-(3-trifluoromethylphenyl) piperazine (TFMPP);

            (43)    Alpha-methyltryptamine (AMT);

            (44)    5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);

            (45)    5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);

            (46)    Synthetic cannabinoids. Any material, compound, mixture, or preparation that is not listed as a controlled substance in another schedule, is not an FDA-approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, and salts of isomers and homologues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and homologues is possible within the specific chemical designation:

            (a)    Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)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.

                Some trade or other names: JWH-015; 1-pentyl-3-(1-naphthoyl)indole (JWH-018); 1-hexyl-3-(1-naphthoyl)indole (JWH-019); 1-butyl-3-(1-naphthoyl)indole (JWH-073); 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); JWH-210; JWH-398; 1-pentyl-3-(1-naphthoyl)indole (AM-678); 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201); WIN 55-212; JWH-004; JWH-007; JWH-009; JWH-011; JWH-016; JWH-020; JWH-022; JWH-046; JWH-047; JWH-048; JWH-049; JWH-050; JWH-070; JWH-071; JWH_072; JWH-076; JWH-079; JWH-080; JWH-082; JWH-094; JWH-096; JWH-098; JWH-116; JWH-120; JWH-148; JWH-149; JWH-164; JWH-166; JWH-180; JWH-181; JWH-182; JWH-189; JWH-193; JWH-198; JWH-211; JWH-212; JWH-213; JWH-234; JWH-235; JWH-236; JWH-239; JWH-240; JWH-241; JWH-258; JWH-262; JWH-386; JWH-387; JWH-394; JWH-395; JWH-397; JWH-399; JWH-400; JWH-412; JWH-413; JWH-414; JWH-415; JWH-424; AM-678; AM-1220; AM-1221; AM-1235; AM-2232;

            (b)    Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring

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.

                Some trade or other names: JWH-175; JWH-184; JWH-185; JWH-192; JWH-194; JWH-195; JWH-196; JWH-197; JWH-199;

            (c)    Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 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 phenyl ring to any extent.

                Some trade or other names: 1-cyc lohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18); 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8); 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203); JWH-167; JWH-201; JWH-202; JWH-204; JWH-205; JWH-206; JWH-207; JWH-208; JWH-209; JWH-237; JWH-248; JWH-249; JWH-251; JWH-253; JWH-302; JWH-303; JWH-304; JWH-305; JWH-306; JWH-311; JWH-312; JWH-313; JWH-314; JWH-315; JWH-316; Cannabipiperidiethanone;

            (d)    Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring 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 phenyl ring to any extent.

                Some trade or other names: 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19); Pravadoline (WIN 48,098); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4); AM-630; AM-661; AM-2233; AM-1241;

            (e)    Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring 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 pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

                Some trade or other names: JWH-307; JWH-030; JWH-031; JWH-145; JWH-146; JWH-147; JWH-150; JWH-156; JWH-242; JWH-243; JWH-244; JWH-245; JWH-246; JWH-292; JWH-293; JWH-308; JWH-309; JWH-346; JWH-348; JWH-363; JWH-364; JWH-365; JWH-367; JWH-368; JWH-369; JWH-370; JWH-371; JWH-373; JWH-392;

            (f)    Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring 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 indene ring to any extent and whether or not substituted in the naphthyl ring to any extent.

                Some trade or other names: JWH-171; JWH-176; JWH-220;

            (g)    Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 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 substituted in the cyclohexyl ring to any extent.

                Some trade or other names: 5-( 1 ,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47, 497 and homologues, which includes C8); cannabicyclohexanol; CP-55,490; CP-55,940; CP-56,667;

            (h)    (6aR,10aR)-9-(hydroxymethyl )-6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names: HU-210;

            (i)    2,3-Dihydro-5-methyl-3-(4-m orpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenyl. Some trade or other names: WIN 55, 212-2;

            (j)    Substituted Acetylindoles. Any compound containing a 3-acetyl indole structure substituted at the acetyl with a tetramethylcyclopropyl, adamantyl, or benzyl substituent whether or not further substituted in the tetramethylcyclopropyl, adamantyl, or benzyl substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 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.

                Some trade and or names: (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11); (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)- (2,2,3,3-tetramethylcyclopropyl)methanone (A-796,260); 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole (AM-1248); 1-Pentyl-3-(1-adamantoyl)indole (AB-001 and JWH-018 adamantyl analog); AM-679;

            (k)    Substituted Carboxamide Indole. Any compound containing a 3-carboxamide indole structure substituted at the carboxamide with a tetramethylcyclopropyl, naphthyl, or adamantyl substituent, whether or not further substituted in the tetramethylcyclopropyl, or adamantyl substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 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.

                Some trade and other names: JWH-018 adamantyl carboxamide; STS-135; MN-18; 5-Fluoro-MN-18;

            (47)    6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI);

            (48)    2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);

            (49)    2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);

            (50)    2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);

            (51)    2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);

            (52)    2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);

            (53)    2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);

            (54)    2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);

            (55)    2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); and

            (56)    2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);

            (57)    Substituted phenethylamine. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from phenylethan-2-amine by substitution on the phenyl ring in any of the following ways, that is to say--by substitution with a fused methylenedioxy, fused furan, or fused tetrahydrofuran ring system; by substitution with two alkoxy groups; by substitution with one alkoxy and either one fused furan, tetrahydrofuran, or tetrahydropyran ring system; by substitution with two fused ring systems from any combination of the furan, tetrahydrofuran, or tetrahydropyran ring systems; whether or not the compound is further modified in any of the following ways:

            (a)    By substitution on the phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;

            (b)    By substitution on the 2-position by any alkyl groups; or

            (c)    By substitution on the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, methoxybenzyl, or hydroxybenzyl groups.

                Some trade and other names: 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (2C-T or 4-methylthio-2,5-dimethoxyphenethylamine); 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (DOI or 2, 5-Dimethoxy-4-iodoamphetamine); 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (DOB or 2,5-Dimethoxy-4-bromoamphetamine); 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (DOC or 2,5-Dimethoxy-4-chloroamphetamine); 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-B-NBOMe; 25B-NBOMe or 2,5-Dimethoxy-4-bromo-N-(2-methoxybenzyl)phenethylamine); 2-4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-I-NBOMe; 25I-NBOMe or 2,5-Dimethoxy-4-iodo-N-(2-methoxybenzyl)phenethylamine); N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxypheny (Mescaline-NBOMe or 3,4,5-trimethoxy-N-(2-methoxybenzyl)phenethylamine); 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-C-NBOMe; 25C-NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)phenethylamine); 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine (2CB-5-hemiFLY); 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2C-B-FLY); 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-yl)ethanamine (2C-B-butterFLY); N-(2-Methoxybenzyl)-1- (8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5-b.]difuran-4-yl)-2-aminoethane (2C-B-FLY-NBOMe); 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY); N-(2-

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);

            (58)    Substituted tryptamines. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e, tryptamine) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha-position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups.

                Some trade and other names: 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT or O-Acetylpsilocin); 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET); 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DIPT); 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);

            (59)    Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone (CB-13);

            (60)    N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide (AKB 48);

            (61)    1-(4-Fluorophenyl)piperazine (pFPP);

            (62)    1-(3-Chlorophenyl)piperazine (mCPP);

            (63)    1-(4-Methoxyphenyl)piperazine (pMeOPP);

            (64)    1,4-Dibenzylpiperazine (DBP);

            (65)    Isopentedrone;

            (66)    Fluoromethamphetamine;

            (67)    Fluoroamphetamine;

            (68)    Fluorococaine;

            (69)    1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);

            (70)    1-(5-fluoropentyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid (5 Fluoro-PB-22);

            (71)    N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB-PINACA);

            (72)    N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5 Fluoro-AB-PINACA);

            (73)    N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA);

            (74)    N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide (ADB-PINACA (ADBICA));

            (75)    N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide (5 Fluoro-ADB-PINACA (5 Fluoro-ADBICA));

            (76)    N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (ADB-FUBINACA).

    Section 2. That § 34-20B-20 be amended to read as follows:

    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:

            (1)    Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those substances which are specifically listed in other schedules;

            (2)    Chloral betaine;

            (3)    Chloral hydrate;

            (4)    Chlorhexadol;

            (5)    Lysergic acid;

            (6)    Lysergic acid amide;

            (7)    Methyprylon;

            (8)    Sulfondiethylmethane;

            (9)    Sulfonethylmethane;

            (10)    Sulfonmethane;

            (11)    Amobarbital, pentobarbital, and secobarbital in suppository dosage form;

            (12)    Gamma hydroxy butyrate;

            (13)    Dronabinol;

            (14)    Buprenorphine;

            (15)    Embutramide;

            (16)    Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-dihydropyridin-3-yl) benzonitrile], including its salts, isomers, and salts of isomers.

    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.

     Signed February 10, 2014
_______________
End Included file NY:\LMDATA\SESSIONS\89-2014\SESSIO~1\165.wpd



Start Included file PY:\LMDATA\SESSIONS\89-2014\SESSIO~1\166.wpd
CHAPTER 166

(SB 24)

Pseudoephedrine reporting requirements changed.


        ENTITLED, An Act to revise certain provisions relating to pseudoephedrine, ephedrine, or phenylpropanolamine sales.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    The Office of the Attorney General may provide retailers of chemical products containing pseudoephedrine, ephedrine, or phenylpropanolamine access to a real-time electronic record-keeping system to enter into the record system any transaction required by § 34-20D-8. The real-time electronic record-keeping system shall be maintained in a central repository and shall have the capability to calculate state and federal ephedrine base, pseudoephedrine base, and phenylpropanolamine base purchase limitations. The electronic record-keeping system shall include a record of all the information obtained under section 1 of this Act and the unique identification number, type, and state of issue. The Office of the Attorney General may contract with a private vendor to implement this section. A contractor shall comply with the confidentiality requirements of this chapter and is subject to sanctions for violation of confidentiality requirements, including termination of the contract. No cost may be assessed to the retailer associated with the implementation, access, continuation, or maintenance of the electronic record-keeping system.

    Section 3. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as

follows:

    The attorney general may grant a retailer a waiver pursuant to section 1 of this Act if the retailer demonstrates that the electronic reporting will cause the retailer an undue economic hardship or that the retailer does not have the technological ability to report electronically. If a waiver is granted, the retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.

    Section 4. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

    The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter.

     Signed March 24, 2014
_______________
End Included file PY:\LMDATA\SESSIONS\89-2014\SESSIO~1\166.wpd


Start Included file RY:\LMDATA\SESSIONS\89-2014\SESSIO~1\167.wpd
CHAPTER 167

(HB 1180)

An entity that places children for adoption or performs abortions
may not be registered as a pregnancy help center.


        ENTITLED, An Act to provide that no entity that places children for adoption or performs abortions may be registered as a pregnancy help center.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That subdivision (1) of § 34-23A-53 be amended to read as follows:

            (1)    "Pregnancy help center," any entity whether it be a form of corporation, partnership, or proprietorship, whether it is for profit, or nonprofit, that has as one of its principal missions to provide education, counseling, and other assistance to help a pregnant mother maintain her relationship with her unborn child and care for her unborn child, which entity has a medical director who is licensed to practice medicine in the State of South Dakota, or that it has a collaborative agreement with a physician licensed in South Dakota to practice medicine to whom women can be referred, which entity does not perform abortions and is not affiliated with any physician or entity that performs abortions, and does not now refer pregnant mothers for abortions, and has not referred any pregnant mother for abortions for the three-year period immediately preceding July 1, 2011, which entity does not place children for adoption, and which are entity is in compliance with the requirements of § 34-23A-59.1;

    Section 2. That § 34-23A-58 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:

            (1)    The pregnancy help center has a facility or office in the State of South Dakota in which it routinely consults with women for the purpose of helping them keep their relationship

with their unborn children;

            (2)    That one of its principal missions is to educate, counsel, and otherwise assist women to help them maintain their relationship with their unborn children;

            (3)    That they do not perform abortions at their facility, and have no affiliation with any organization or physician which performs abortions;

            (4)    That they do not now refer pregnant women for abortions, and have not referred any pregnant women for an abortion at any time in the three years immediately preceding July 1, 2011;

            (5)    That they have a medical director licensed by South Dakota to practice medicine or that they have a collaborative agreement with a physician licensed in South Dakota to practice medicine to whom women can be referred;

            (6)    That they shall provide the counseling and interviews described in §§ 34-23A-53 to 34-23A-62, inclusive, upon request by pregnant mothers; and

            (7)    That they shall comply with the provisions of § 34-23A-59 as it relates to discussion of religious beliefs; and

            (8)    That they do not place children for adoption.

    For purposes of placing the name of a pregnancy help center on the state registry of pregnancy help centers maintained by the Department of Health, it is irrelevant whether the pregnancy help center is secular or faith based. The Department of Health shall immediately provide a copy of the registry of pregnancy health centers to all physicians, facilities, and entities that request it. The registry shall be regularly updated by the Department of Health in order to include a current list of pregnancy help centers and shall forward all updated lists to all physicians, facilities, and entities that previously requested the list. The Department of Health shall accept written requests or applications to be placed on the state registry of pregnancy help centers from pregnancy help centers after enactment but prior to July 1, 2011.

    Section 3. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    Prior to adding an entity to the registry of pregnancy help centers, the department shall cross-reference the state's records to ensure that the entity is not licensed to place children for adoption or licensed to perform abortions. The department may not list on the registry any entity which is licensed to place children for adoption or which is licensed to perform abortions. The department shall cross-reference the state's records at least once each calendar year to ensure that any pregnancy help center already on the registry of pregnancy help centers has not been licensed to place children for adoption or licensed to perform abortions. If a pregnancy help center on the registry is so licensed, the department shall remove that pregnancy help center from the registry. Each year, commencing in 2015, each pregnancy help center listed on the state registry maintained by the department shall, by January twentieth, provide the department with a list of licensed persons who may provide the counseling at the pregnancy help center in compliance with §§ 34-23A-58.1, 34-23A-58.2, and 34-23A-58.3. If a pregnancy help center fails to provide such list by January twentieth in any particular year, the department shall issue a notice to the pregnancy help center that if it fails to provide such list of licensed persons within ninety days of the receipt of such notice, the department will remove the pregnancy help center from the registry of pregnancy help centers authorized to provide the counseling required by §§ 34-23A-53 to 34-23A-61, inclusive, and described under § 34-23A-59. The department shall cross-reference the state's records to confirm that the licensed persons listed by the pregnancy help center maintain a current license. The department may inquire of any licensed persons listed by a registered pregnancy help center to confirm that they

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.

     Signed March 14, 2014
_______________
End Included file RY:\LMDATA\SESSIONS\89-2014\SESSIO~1\167.wpd


Start Included file TY:\LMDATA\SESSIONS\89-2014\SESSIO~1\168.wpd
CHAPTER 168

(HB 1162)

Prohibit the practice of sex-selective abortions.


        ENTITLED, An Act to prohibit the practice of sex-selective abortions, to establish certain procedures to better ensure that sex-selective abortions are not practiced in South Dakota, and to provide penalties therefor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    Terms as used in this Act mean:

            (1)    "Sex-selective abortion," the performance of an abortion with knowledge that the pregnant mother is seeking the abortion due to the sex of the unborn child;

            (2)    "Sex-determining test," any scientific test that is capable of determining the sex of an unborn child.

    Section 2. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    No person may knowingly or in reckless disregard perform or attempt to perform a sex-selective abortion. A violation of this section is a Class 6 felony. No penalty may be assessed against the pregnant mother upon whom the abortion is performed or attempted to be performed.

    Section 3. That § 34-23A-56 be amended by adding thereto a NEW SUBDIVISION to read as follows:

                Inquire into whether the pregnant mother knows the sex of her unborn child and if so, whether the mother is seeking an abortion due to the sex of the unborn child.

    Section 4. That § 34-23A-10.1 be amended by adding thereto a NEW SUBDIVISION to read as follows:

    A written statement that sex-selective abortions are illegal in the state of South Dakota and that a pregnant mother cannot have an abortion, either solely or partly, due to the unborn child's sex, regardless of whether that unborn child is a girl or a boy or whether it is of the pregnant mother's free

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:

                The sex of the unborn child and the following information:

            (a)    Whether the pregnant mother used a sex-determining test;

            (b)    What type of sex-determining test the pregnant mother used; and

            (c)    The approximate gestational age of the unborn child, in weeks, when the test was taken.

    Section 6. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act repeals, by implication or otherwise, any provision not explicitly repealed.

    Section 7. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

    If a part of this Act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

     Signed March 26, 2014
_______________
End Included file TY:\LMDATA\SESSIONS\89-2014\SESSIO~1\168.wpd


Start Included file VY:\LMDATA\SESSIONS\89-2014\SESSIO~1\169.wpd
CHAPTER 169

(SB 171)

Federal forms as sufficient
to direct the disposition of the body of a service member.


        ENTITLED, An Act to recognize certain federal forms as sufficient to direct the disposition of the body of a servicemember.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 34-26 be amended by adding thereto a NEW SECTION to read as follows:

    If a decedent dies while serving in any branch of the United States armed forces, the United States reserve forces, or the national guard, as provided by 10 U.S.C. 1481 section (a)(1) to (8), inclusive, and the decedent has designated a person authorized to direct disposition of human remains on a United States Department of Defense record of emergency (DD form 93), a successor form, or an equivalent form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves to the person designated by the decedent.

     Signed March 12, 2014
_______________
End Included file VY:\LMDATA\SESSIONS\89-2014\SESSIO~1\169.wpd



Start Included file XY:\LMDATA\SESSIONS\89-2014\SESSIO~1\170.wpd
CHAPTER 170

(HB 1092)

Crematoria must be affiliated with licensed funeral home.


        ENTITLED, An Act to require that crematories be under the direction of licensed funeral establishments and funeral directors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 25, 2014
_______________
End Included file XY:\LMDATA\SESSIONS\89-2014\SESSIO~1\170.wpd


Start Included file ZY:\LMDATA\SESSIONS\89-2014\SESSIO~1\171.wpd
CHAPTER 171

(HB 1087)

Allow registered voters to vote in rural fire protection district.


        ENTITLED, An Act to change how rural fire protection districts conduct elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    The board of directors of a rural fire protection district may choose to hold a rural fire protection district general election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined election shall be held on the regular date for the general municipal election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the rural fire protection district and the municipality. All other governmental responsibilities associated with holding elections shall be shared as agreed upon by the governing bodies.

     Signed March 26, 2014
_______________
End Included file ZY:\LMDATA\SESSIONS\89-2014\SESSIO~1\171.wpd


Start Included file \Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\172.wpd
CHAPTER 172

(HB 1129)

Explosive targets prohibited
in the Black Hills Forest Fire Protection District.


        ENTITLED, An Act to prohibit the use of certain explosive targets in the Black Hills Forest Fire Protection District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 34-35 be amended by adding thereto a NEW SECTION to read as follows:

    No person may use a firearm target in the Black Hills Forest Fire Protection District if that target is designed to explode upon a bullet's impact. Any violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for any damages caused by a resulting fire. This section does not apply to any target used in a designated shooting range.

     Signed March 26, 2014
_______________
End Included file \Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\172.wpd


Start Included file ^Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\173.wpd
CHAPTER 173

(SB 181)

Prohibit the sale of alternative nicotine products to minors.


        ENTITLED, An Act to define vapor products as tobacco products for the purpose of regulating the use of the products by minors and to place certain restrictions on the sale of vapor products.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

    For the purposes of §§ 34-46-2 to 34-46-6, inclusive, and this Act, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.

    Section 2. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

    No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:

            (1)    A vending machine permitted under subdivision 34-46-2(5); or

            (2)    Located in a tobacco specialty store.

    A violation of this section is a Class 2 misdemeanor. A person is not liable for more than one violation of this section on a single day.

     Signed March 28, 2014
_______________
End Included file ^Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\173.wpd

ALCOHOLIC BEVERAGES

_______________


Start Included file `Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\174.wpd
CHAPTER 174

(SB 39)

Alcoholic beverage open container requirements changed.


        ENTITLED, An Act to revise certain provisions regarding the regulation of certain open containers of alcoholic beverages.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    An alcoholic beverage is located in a locked glove compartment of the motor vehicle;

            (2)    An open alcoholic beverage is behind the last upright seat of a motor vehicle that is not equipped with a trunk or in an area not normally occupied by the driver or passengers;

            (3)    A An open alcoholic beverage is possessed by a passenger in a motor vehicle maintained and used primarily for the transportation of persons for compensation operated by a carrier defined in subdivision 35-1-1(3) is and licensed pursuant to subdivision 35-4-2(9). The driver of such carrier is prohibited from possessing in the driver compartment of the vehicle a package or receptacle containing an alcoholic beverage if the original package seal has been broken.

    Section 3. That § 35-1-9.4 be amended to read as follows:

    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.

     Signed February 27, 2014
_______________
End Included file `Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\174.wpd


Start Included file bY:\LMDATA\SESSIONS\89-2014\SESSIO~1\175.wpd
CHAPTER 175

(SB 91)

Municipal government authority
to regulate alcoholic beverages in motor carriers.


        ENTITLED, An Act to revise certain licensure definitions and provide certain regulatory powers to municipalities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That subdivision (9) of § 35-4-2 be amended to read as follows:

            (9)    Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic beverages on all conveyances the licensee operates within the state unless restricted by local ordinance;

    Section 2. Any municipality may regulate the furnishing or consumption of alcoholic beverages aboard conveyances licensed pursuant to subdivisions 35-4-2(9).

     Signed March 10, 2014
_______________
End Included file bY:\LMDATA\SESSIONS\89-2014\SESSIO~1\175.wpd


Start Included file dY:\LMDATA\SESSIONS\89-2014\SESSIO~1\176.wpd
CHAPTER 176

(HB 1148)

Patrons may manufacture malt beverages and wines
on the licensed premises for personal use.


        ENTITLED, An Act to provide a license for certain businesses to allow patrons to manufacture malt beverages and wines on the licensed premises for personal use.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 35-4-2 be amended by adding thereto a NEW SUBDIVISION to read as follows:

            Retail on premises manufacturer -- two hundred fifty dollars;

    Section 2. That § 35-1-5.4 be amended 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.

    No malt beverage or wine produced pursuant to this section may be manufactured in a public place or place of business, and stored during the manufacturing process in a public place or place of business, unless the business holds a retail on premises manufacturer license. No malt beverage or wine produced pursuant to this section may be consumed on the licensed premises.

     Signed March 26, 2014
_______________
End Included file dY:\LMDATA\SESSIONS\89-2014\SESSIO~1\176.wpd


Start Included file fY:\LMDATA\SESSIONS\89-2014\SESSIO~1\177.wpd
CHAPTER 177

(SB 163)

Social host liability for underage consumption of alcoholic beverages.


        ENTITLED, An Act to prohibit a social host from permitting the underage consumption of alcoholic beverages on the social host's premises and to provide penalties therefor.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:


    No person, acting as a social host, may, knowingly, permit any person under the age of eighteen to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this section is a Class 1 misdemeanor.

    Section 2. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:

    No person, acting as a social host, may, knowingly, permit any person aged eighteen, nineteen, or twenty to illegally consume any alcoholic beverage, regardless of the source of the alcoholic beverage, on or at the premises of the person acting as social host. Any violation of this section is a Class 2 misdemeanor.

    Section 3. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:

    It is a defense against a conviction for a violation of sections 1 and 2 of this Act that, immediately upon learning of the illegal consumption, the social host or an agent of the social host took effective and appropriate action to stop the illegal consumption and to secure or to attempt to secure the contraband alcoholic beverages.

    Section 4. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:

    It is not a defense of a violation of sections 1 and 2 of this Act that the social host was not physically present on or at the premises if the social host knew that illegal consumption of alcoholic beverages would occur in his or her absence.

    Section 5. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:

    For purposes of this Act, the term, social host, means anyone who hosts a social gathering and knowingly condones the illegal consumption of alcohol by underage persons on property that the host controls.

     Signed March 14, 2014
_______________
End Included file fY:\LMDATA\SESSIONS\89-2014\SESSIO~1\177.wpd

PROFESSIONS AND OCCUPATIONS

_______________


Start Included file hY:\LMDATA\SESSIONS\89-2014\SESSIO~1\178.wpd
CHAPTER 178

(SB 150)

Supraglottic airway devices
may be used by emergency medical technicians.


        ENTITLED, An Act to allow use of supraglottic airway devices by emergency medical technicians, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 36-4B be amended by adding thereto a NEW SECTION to read as follows:


    Any ambulance service staffed by an emergency medical technician may be equipped with supraglottic airway devices. The department shall adopt statewide protocols for the use of supraglottic airway devices. A copy of the department protocols signed by the medical director of the ambulance service shall be carried in any ambulance equipped with a supraglottic airway device. Any emergency medical technician who has received training may, pursuant to the protocols, utilize a supraglottic airway device.

    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.

     Signed March 10, 2014
_______________
End Included file hY:\LMDATA\SESSIONS\89-2014\SESSIO~1\178.wpd


Start Included file jY:\LMDATA\SESSIONS\89-2014\SESSIO~1\179.wpd
CHAPTER 179

(SB 172)

Revise provisions relating to services of dental hygienists.


        ENTITLED, An Act to revise certain provisions relating to services performed by dental hygienists.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    As an employee of a public institution or school authority, functioning without the supervision of a licensed dentist, a licensed dental hygienist may only provide educational services.

    A dental hygienist may perform preventive and therapeutic services under general supervision if all individuals treated are patients of record of a licensed dentist and all care rendered by the hygienist is completed under the definition of patient of record. A dental hygienist may perform preventive and therapeutic services under collaborative supervision if the requirements of § 36-6A-40.1 are met. However, no dental hygienist may perform preventive and therapeutic services under collaborative supervision for more than thirteen months for any person who has not had a complete evaluation by the supervising a dentist, unless employed by Delta Dental Plan of South Dakota, a nonprofit dental service corporation organized under chapter 58-39, providing services through written agreement with the Indian Health Service or a federally recognized tribe in South Dakota. The exemption for a dental hygienist employed by Delta Dental Plan of South Dakota providing services through written agreement with the Indian Health Service or a federally recognized tribe in South Dakota expires on June 30, 2016.

     Signed March 26, 2014
_______________
End Included file jY:\LMDATA\SESSIONS\89-2014\SESSIO~1\179.wpd



Start Included file lY:\LMDATA\SESSIONS\89-2014\SESSIO~1\180.wpd
CHAPTER 180

(SB 30)

Advanced practice nurse licensure
and nursing loan assistance program changed.


        ENTITLED, An Act to provide for the definition of an advanced practice registered nurse, to remove certification as a function of the Board of Nursing in issuing a license to a certified registered nurse anesthetist, and to change the nurses' education loan assistance program to a scholarship program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    "Approved program," any educational program of study which meets the requirements established by this chapter and by the board for licensure or certification under this chapter;

            (2)    "Board," the South Dakota Board of Nursing;

            (3)    "Certification," written authorization by the board to practice nurse anesthesia;

            (4)    "Certified registered nurse anesthetist," any person authorized under this chapter to practice the nursing specialty of nurse anesthesia as defined in § 36-9-3.1;

            (4A)(4)    "Clinical nurse specialist," any person authorized under this chapter to practice the nursing specialty of a clinical nurse specialist as defined in § 36-9-87;

            (4B)(5)    "Collaboration," communication with a physician licensed under chapter 36-4, prior to care being provided, to set goals and objectives for the client to assure quality and appropriateness of services rendered.

            (5)(6)    "Employment," being employed as a nurse for at least one hundred forty hours in any one calendar year;

            (6)(7)    "Licensed," written authorization by the board to practice either as a registered nurse or a licensed practical nurse;

            (7)(8)    "Licensed practical nurse," any person duly authorized under this chapter to practice practical nursing as defined in § 36-9-4;

            (8)(9)    "Nursing diagnosis," the identification of and discrimination between physical and psychological signs or symptoms essential to the effective execution and management of a nursing regimen;

            (9)(10)    "Public member," any person who is not licensed by the board, but is a user of the services regulated by the board;

            (10)(11)    "Registered nurse," any person authorized under this chapter to practice nursing as defined in § 36-9-3;

            (12)    "Advanced practice registered nurse," or "APRN," any person licensed by the board in the role of a clinical nurse specialist or a certified registered nurse anesthetist.

    For the purposes of this chapter, words used in the feminine gender include the masculine.

    Section 2. That § 36-9-2 be amended to read as follows:

    36-9-2. Any person practicing or offering to practice as:

            (1)    A registered nurse;

            (2)    A licensed practical nurse; or

            (3)    A certified registered nurse anesthetist An advanced practice registered nurse

in this state shall be required to submit evidence to the Board of Nursing that she is qualified to so practice, and shall be licensed or certified as provided in this chapter, and shall use the appropriate licensure title.

    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:

            (1)    By setting aside in a special account ten dollars of each registered nurse and licensed practical nurse biennial license renewal fee;

            (2)    By principal and interest payments from scholarship or loan recipients;

            (3)    Donations and bequests from individuals wishing to further the intent of the nurses' education assistance loan scholarship program; and

            (4) (3)    Additional funds as may from time to time be designated by the board.

    Section 7. That § 36-9-78 be amended to read as follows:

    36-9-78. To qualify for the nurses' education assistance loan scholarship program the applicant shall meet the following criteria:

            (1)    Be a citizen of the United States and a South Dakota resident for a minimum of one year immediately preceding the date of application;

            (2)    Meet the criteria established by the South Dakota Board of Nursing;

            (3)    Be accepted into a board approved nursing education program for licensed practical nurses or registered nurses whether leading to initial licensure or degree enhancement; and

            (4)    Have or maintain a satisfactory grade for progression in the nursing education program as determined by the faculty of the institution.

    Section 8. That § 36-9-79 be amended to read as follows:

    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:

            (1)    The amount of each loan scholarship shall be determined annually by the South Dakota Board of Nursing but may not exceed the sum of one thousand dollars per full academic year; and

            (2)    Funds on loan from this scholarship program shall be disbursed on an annual basis and shall be disbursed to the institution which the applicant attends and not directly to the loan scholarship recipient. The institution may only credit nurses' education assistance loan scholarship program funds to the payment of tuition, books, fees, and other direct educational expenses. Room and board may not be considered a direct educational expense.

    Section 10. That § 36-9-81 be repealed.

    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:



            (1)    "Approved program," an educational program of study which meets the requirements established by this chapter and by the boards for licensure under this chapter;

            (2)    "Boards," the South Dakota Board of Nursing and the South Dakota Board of Medical and Osteopathic Examiners;

            (3)    "License," the written authorization by the boards required to practice the specialties of nurse practitioner or nurse midwife;

            (4)    "Nurse midwife," a provider duly authorized under this chapter to practice the nursing specialty of nurse midwifery as defined in § 36-9A-13;

            (5)    "Nurse practitioner," a provider duly authorized under this chapter to practice the specialty of nurse practitioner as defined in § 36-9A-12;

            (6)    The feminine gender as used in this chapter shall also apply to the masculine and neuter;

            (7)    "Collaboration," the act of communicating pertinent information or consulting with a physician licensed pursuant to chapter 36-4, with each provider contributing their respective expertise to optimize the overall care delivered to the patient;

            (8)    "Advanced practice registered nurse," or "APRN," a person licensed by the boards in the role of a certified nurse practitioner or a certified nurse midwife.

    Section 15. That § 36-9A-11 be amended to read as follows:

    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."

     Signed February 10, 2014
_______________
End Included file lY:\LMDATA\SESSIONS\89-2014\SESSIO~1\180.wpd


Start Included file nY:\LMDATA\SESSIONS\89-2014\SESSIO~1\181.wpd
CHAPTER 181

(HB 1044)

Cosmetology services may be provided at a place other than a salon.


        ENTITLED, An Act to authorize limited cosmetology services outside of a licensed salon or booth.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:



            (1)    Demonstrations: a demonstrator may perform a demonstration of cosmetology services for compensation, fee, or any other remuneration;

            (2)    Limited mobility clients: a licensee may practice cosmetology services on persons unable to come to the salon because of imprisonment, disabling sickness, or other disability so long as the licensee documents the service through a salon or booth; and

            (3)    Special events: a licensee may practice limited services within the scope of the license for special events, such as weddings, fashion shows, school dances, professional photography sessions, or other events approved by the commission, so long as the licensee documents the service through a salon or booth. The limited services that may be performed at such special events are the following: the nonpermanent manipulation of the hair, such as styling, wrapping, arranging, braiding, twisting, weaving, extending, fusing, dressing, curling, setting, and straightening; the application of nail polish to the nails; and the application of makeup to the skin.

    Section 2. That chapter 36-15 be amended by adding thereto a NEW SECTION to read as follows:

    Any 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.

     Signed February 12, 2014
_______________
End Included file nY:\LMDATA\SESSIONS\89-2014\SESSIO~1\181.wpd


Start Included file pY:\LMDATA\SESSIONS\89-2014\SESSIO~1\182.wpd
CHAPTER 182

(SB 47)

Real estate appraisers licensing updated.


        ENTITLED, An Act to establish new criteria for the certification, licensure, and registration of real estate appraisers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 36-21B be amended by adding thereto a NEW SECTION to read as follows:

    Each applicant for initial certification, licensure, or registration under this chapter in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the department shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the department all information obtained as a result of the criminal background check. This information must be obtained prior to certification of the applicant. The department may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the department. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting and the criminal background investigation.

    Section 2. That chapter 36-21B be amended by adding thereto a NEW SECTION to read as follows:



    The department shall deny issuance of a certificate to any applicant who:

            (1)    Has had the ability to perform appraisals revoked in any governmental jurisdiction within the five year period immediately preceding the date of application;

            (2)    Has been convicted of, or pled guilty or nolo contendere to, a felony in a domestic or foreign court either during the five-year period immediately preceding the date of the application for certification, licensure, or registration or at any time preceding the date of application, if such felony involved an act of fraud, dishonesty, a breach of trust, or money laundering; or

            (3)    Has failed to demonstrate character and general fitness which commands the confidence of the community and warrants a determination that the applicant will operate honestly, fairly, and efficiently with the purposes of this chapter.

     Signed March 12, 2014
_______________
End Included file pY:\LMDATA\SESSIONS\89-2014\SESSIO~1\182.wpd


Start Included file rY:\LMDATA\SESSIONS\89-2014\SESSIO~1\183.wpd
CHAPTER 183

(SB 45)

Home inspector disciplinary actions.


        ENTITLED, An Act to revise the Real Estate Commission's grounds for disciplinary actions on home inspectors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Disclosed any information concerning the results of the home inspection without the approval of a client or the client's representative;

            (2)    Accepted compensation from more than one interested party for the same service without the written consent of all interested parties;

            (3)    Accepted commissions or allowances, directly or indirectly, from other parties dealing with the holder's client in connection with work for which the holder is responsible; or

            (4)    Failed to disclose promptly to a client information about any business interest of the holder which may affect the client in connection with the home inspection; or

            (5)    Been convicted, or pled guilty or nolo contendere before a court of competent jurisdiction in this or any other state, or before any federal court, of a misdemeanor involving moral turpitude or a felony arising under the laws of this state or under the laws of the United States or any other state that would be a misdemeanor involving moral turpitude or a felony under the laws of this state.

     Signed March 12, 2014
_______________
End Included file rY:\LMDATA\SESSIONS\89-2014\SESSIO~1\183.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\184.wpd
CHAPTER 184

(SB 48)

Appraisal management companies
to maintain financial security related to performance.


        ENTITLED, An Act to require appraisal management companies to maintain a surety bond or irrevocable letter of credit.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 36-21D be amended by adding thereto a NEW SECTION to read as follows:

    An applicant for issuance or renewal of an appraisal management company registration shall file with the Department of Labor and Regulation a surety bond with one or more corporate sureties authorized to do business in this state or an irrevocable letter of credit issued by an insured institution authorized to do business in South Dakota in the amount of twenty-five thousand dollars. The surety bond or irrevocable letter of credit shall be conditioned upon the following:

            (1)    That the appraisal management company pay all amounts owed to a person who performs a real estate appraisal service for the company and pay all amounts adjudged against the company by reason of a negligent or improper real estate appraisal, a negligent or improper appraisal management service, or a breach of contract in performing a real estate appraisal or appraisal management service; and

            (2)    That the surety company or insured institution provides written notice to the department, by registered or certified mail, at least thirty days before the surety company or insured institution cancels or revokes a surety bond or irrevocable letter of credit or if the surety company or insured institution pays for a loss under the surety bond or irrevocable letter of credit.

    Section 2. That chapter 36-21D be amended by adding thereto a NEW SECTION to read as follows:

    An appraisal management company shall continuously maintain the surety bond or irrevocable letter of credit required by this Act on file with the Department of Labor and Regulation in the amount of twenty-five thousand dollars for the exclusive purpose of payment of the obligations listed in subdivision (1) of section 1 of this Act. Upon termination, cancellation, or reduction of the surety bond or irrevocable letter of credit to less than twenty-five thousand dollars, the registered appraisal management company shall file a replacement surety bond or irrevocable letter of credit within the time period established by the department by rule or surrender the company's registration to the department and cease operating as an appraisal management company.

    Section 3. That chapter 36-21D be amended by adding thereto a NEW SECTION to read as follows:

    Any person damaged by an appraisal management company's failure to pay an obligation listed in subdivision (1) of section 1 of this Act has a right of action against the surety bond or irrevocable letter of credit. Any action against a surety bond or irrevocable letter of credit must be filed in a court of competent jurisdiction within one year after the apprisal management company fails to pay the amount owing or the amount adjudged against the appraisal management company.

    Section 4. That § 36-21D-4 be amended 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:

            (1)    Registration of appraisal management companies;

            (2)    Definition of terms;

            (3)    Responsibilities and duties;

            (4)    Application for and issuance of certificate of registration;

            (5)    Renewal and late renewal procedures;

            (6)    Investigation and contracting for investigations;

            (7)    Complaints and grounds for disciplinary actions, including denial, revocation, suspension, censure, and reprimand;

            (8)    Retention and inspection of records;

            (9)    Roster;

            (10)    Review of appraisal related records;

            (11)    Inspection, examination, and photocopy of records; and

            (12)    National registry fee collection and remittance; and

            (13)    Filing of surety bonds or irrevocable letters of credit.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\184.wpd


Start Included file vY:\LMDATA\SESSIONS\89-2014\SESSIO~1\185.wpd
CHAPTER 185

(HB 1046)

Plumbing commission licenses and fees changed.


        ENTITLED, An Act to revise certain provisions regarding licenses issued by the State Plumbing Commission and the fees that may be set by the commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.



    The commission may promulgate rules, pursuant to chapter 1-26, to establish examination and reexamination fees for: plumbing contractor, plumber, water conditioning and treatment plumbing contractor, water conditioning and treatment plumbing installer, appliance plumbing contractor, appliance plumbing installer, sewer and water plumbing contractor, sewer and water plumbing apprentice installer, manufactured and mobile home contractor, manufactured and mobile home installer, manufactured and mobile home apprentice, underground irrigation contractor, and underground irrigation installer and underground irrigation installer apprentice. No fee may exceed one hundred dollars.

    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.

    The commission shall promulgate rules, pursuant to chapter 1-26, to establish the initial license fees and the renewal of license fees for: plumbing contractor, plumber, water conditioning plumbing installer apprentice, water conditioning and treatment plumbing contractor, water conditioning plumbing installer, appliance installation plumbing contractor, appliance plumbing installer, appliance plumbing installer apprentice, sewer and water installation plumbing contractor, sewer and water plumbing installer, sewer and water plumbing installer apprentice, manufactured and mobile home contractor, manufactured and mobile home installer, manufactured and mobile home apprentice, underground irrigation contractor, and underground irrigation installer and underground irrigation installer apprentice. No fee may exceed two hundred fifty three hundred dollars.

    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.

    There is no fee for a plumber's apprentice if such person is actively engaged in the trade of an apprentice plumber as defined in this chapter, but no person is entitled to such permit for longer than four years.

    The fee for a temporary permit shall be as determined by the commission. The commission shall promulgate rules, pursuant to chapter 1-26, to establish initial examination and license fees and temporary license fees for: plumbing contractor, plumber, water conditioning and treatment plumbing contractor, water conditioning plumbing installer, appliance installation plumbing contractor, appliance plumbing installer, sewer and water plumbing contractor, sewer and water plumbing installer, manufactured and mobile home contractor, manufactured and mobile home installer, manufactured and mobile home apprentice, underground irrigation contractor, underground irrigation installer and underground irrigation installer apprentice. No fee may exceed one hundred dollars.

     Signed March 24, 2014
_______________
End Included file vY:\LMDATA\SESSIONS\89-2014\SESSIO~1\185.wpd


Start Included file xY:\LMDATA\SESSIONS\89-2014\SESSIO~1\186.wpd
CHAPTER 186

(HB 1025)

Nursing facility administrators licensing revised.


        ENTITLED, An Act to revise certain statutes and administrative rules regarding licensure of nursing facility administrators and to increase certain fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    "Board," means the South Dakota State Board of Examiners for Nursing Facility Administrators.;

            (2)    "Nursing facility," means any institution or facility defined as such for licensing purposes under South Dakota law or pursuant to the rules and regulations for nursing facilities and homes for the aged by the State Department of Health, whether proprietary or nonprofit, including, but not limited to nursing facilities owned or administered by the federal or state government or an agency or political subdivision thereof.;

            (3)    "Nursing facility administrator," means a person who administers, manages, supervises, or is in general administrative charge of a nursing facility or homes, whether such the individual has an ownership interest in such home facility and whether his the function and duties are shared with one or more individuals; provided, however, that persons. However, no person serving as a member of a nursing facility's board of directors shall not qualify as is a nursing facility administrator unless he the person is also serving in the requisite administration capacity as here defined; and

            (4)    "Administrator-in-training program," an internship completed under the supervision of a preceptor that meets the requirements established by the board pursuant to chapter 1-26.

    Section 2. That § 36-28-2 be amended to read as follows:

    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.

    Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

    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:

    The board shall meet at least annually. A majority of the members constitute a quorum. A majority vote of those present constitutes a decision of the entire board.

    Section 5. That chapter 36-28 be amended by adding thereto a NEW SECTION to read as follows:

    The board, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which the immunity applies.

    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:

            (1)    He is Is at least eighteen years of age, of good moral character, and of sound physical and mental health;

            (2)    He has Has satisfactorily completed a course of instruction and training prescribed by the board, which course shall, by virtue of its content and administration, present sufficient knowledge of the needs properly to be served by nursing facilities, laws governing the operation of nursing facilities and the protection of the interests of the residents therein, and the elements of good nursing facility administration; or he must present evidence satisfactory to the board of sufficient education, training or experience in the foregoing fields to administer, supervise and manage a nursing facility; and

            (3)    He has Has passed an examination administered approved by the board designed to test his the applicant's knowledge and competence regarding the subject matter referred to in subdivision (2) of this section.

    Section 9. That § 36-28-13 be amended to read as follows:

    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:


    36-28-25. All fees Any fee collected under the provisions of this chapter shall be paid to the Board of Examiners board, who shall keep such fees the fee in a fund to be known as the State Board of Examiners for Nursing Facility Administrators fund, which fund may be used and expended by the board to pay the compensation and travel expenses, pursuant to § 3-9-2, of members and employees of the board and other expenses necessary for the board to administer and carry out the provisions of this chapter.

    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:

    20:49:01:01. Definitions. Terms defined in SDCL 36-28-1 have the same meaning when used in this article. In addition, terms used in this article mean:

    (1) "Preceptor," a licensed nursing facility administrator licensee who has been licensed for at least four years in South Dakota, has had no revocation or suspension of a license or other action taken as deemed necessary to protect the public, and has been approved by the board to train administrators-in-training;

    (2) "Administrator-in-training," "(AIT)," a person who is serving in employed by or contracting with a licensed nursing facility and working under the supervision of a preceptor and is in the process of while completing the administrator-in-training internship in at least 240 hours in six consecutive months program; and

    (3) "Administrator-in-training program," an internship completed under the supervision of a preceptor that includes a minimum of 240 hours completed within six consecutive months utilizing an internship manual and reporting forms approved by the board.

    Section 28. That ARSD 20:49:02:02 be repealed.

    Section 29. That ARSD 20:49:02:03 be amended to read as follows:

    20:49:02:03. Chairman President. The chairman president shall preside at all meetings of the board. In the absence of the chairman, the vice-chairman president, the vice president shall preside at meetings and perform all duties usually performed by the chairman president.

    Section 30. That ARSD 20:49:03:01 be amended to read as follows:

    20:49:03:01. Examinations. An applicant for initial licensure shall take a national and a state examination as follows must pass the following examinations:

    (1) The computer-based Nursing Home Administrators Licensing Examination provided administered by the National Association of Long Term Care Administrator Boards. An examination fee shall be paid to the provider. A passing score on the examination is a scaled score with a passing point of 113; and

    (2) A state examination provided by the board covering the rules of the South Dakota Department of Health that govern nursing facilities. The examination shall be held at a time determined by the board and applicant. A nonrefundable fee of $50 must $100 shall be submitted to the board prior to the examination date. A passing score on the examination is 75 percent.

    An applicant applying for relicensure must have passed the national and state examinations within the four years preceding the date of the application.

    Section 31. That ARSD 20:49:03:02 be repealed.

    Section 32. That ARSD 20:49:03:03 be amended to read as follows:

    20:49:03:03. Conditional admission to examination. The board may conditionally admit to examination an applicant who, on the date of the scheduled examination, has not fully established qualifications if, in the judgment of the board, it appears that the applicant is otherwise qualified.

    Section 33. That ARSD 20:49:03:05 be repealed.

    Section 34. That ARSD 20:49:03:07 be amended to read as follows:

    20:49:03:07. Reexamination. An applicant who has failed the national or state examination may retake the failed examination if the applicant meets the current requirements for licensure and pays the applicable nonrefundable examination fee as set in § 20:49:03:01 and the reexamination fee of $50. An applicant who has failed either examination is entitled to reexamination a maximum of three times for each examination upon payment of the applicable fees. If unsuccessful after four attempts, the applicant may petition the board for reconsideration.

    Section 35. That ARSD 20:49:04:01 be amended to read as follows:

    20:49:04:01. Requirements for education and training initial licensure. An applicant for licensure as a nursing facility administrator must shall meet the education and training requirements as follows and shall submit the following:

    (1) Have at least a baccalaureate degree; and A completed application form and a nonrefundable fee of $300;

    (2) Have successful service as an administrator-in-training as defined in § 20:49:01:01(2) or have completed a practicum in long term healthcare from a regionally accredited higher education program. Applicants applying for relicensure must have completed an administrator-in-training program or practicum within the four years preceding the date of the application Certified transcripts verifying completion of at least an associate degree;

            (3)    Verification of:

            (a)    Completion of an administrator-in-training program within four years preceding the date of application; or

            (b)    Completion of a practicum in long term healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application;

    (4) A copy of the applicant's driver license or equivalent birth verification;

    (5) Three letters of recommendation from professional references not related to the applicant by kinship or marriage;

    (6) Verification of passage of the Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrators Board within four years preceding the date of application; and

    (7) Verification of passage of the state examination approved by the board covering the rules of the South Dakota Department of Health that govern nursing facilities within four years preceding the date of application.

    Section 36. That ARSD 20:49:04:02 be repealed.

    Section 37. That ARSD 20:49:04:03 be amended to read as follows:

    20:49:04:03. Conviction of felony. An applicant for examination for licensure who has been convicted of a felony by any court may not take the examination. The board may refuse to issue a license if the applicant has been convicted, pled no contest, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had prosecution deferred with respect to a felony.

    Section 38. That ARSD 20:49:04:08 be repealed.

    Section 39. That ARSD 20:49:05:01 be amended to read as follows:

    20:49:05:01. Emergency permit. To meet the needs of a nursing facility that has a vacancy in the administrator's position, an emergency permit to practice as a nursing facility administrator may be issued to a person for not more than 180 days, subject to the following:

    (1) A person of authority from the facility with the vacancy requests in writing that an emergency permit be issued for their emergency administrator submits an application, accompanied by a nonrefundable emergency permit fee of $100 $200;

    (2) The emergency administrator is provides services under the supervision of a certified preceptor;

    (3) The preceptor provides appropriate supervision and is reasonably available to the emergency administrator to provide assistance; and

    (4) The preceptor observes the emergency administrator at least two days a month in the facility in which the emergency administrator is serving and keeps a written memorandum of what was accomplished or discussed at each visit. This A copy of the dated memorandum shall accompany the monthly report required in subdivision (4) of this section; and

    (4) The preceptor makes a written report to the board every month on the performance of the emergency administrator be maintained by the emergency administrator and the preceptor for one year following the date of expiration of the emergency permit.

    A preceptor may be held responsible for the acts of the emergency administrator operating under the preceptor's supervision only if the preceptor does not fulfill the requirements as stated above.

    Section 40. that ARSD 20:49:06:01 be amended to read as follows:

    20:49:06:01. Reciprocal licensure. The board may recognize and endorse a nursing facility administrator license issued by the authorities of another political subdivision of the United States if the following requirements are met:

    (1) The other political subdivision provides verification of the educational level of the applicant and a passing score on the board approved national examination;

    (2) The applicant is familiar with state and local health and safety rules related to nursing facilities, has passed the board's state examination as defined in § 20:49:03:01(2), and has had an orientation under a preceptor covering South Dakota Department of Health rules governing nursing facilities. The preceptor shall file a report on the orientation with the board;

    (3) The applicant for reciprocal licensure has never had a license as a nursing facility administrator revoked or suspended;

    (4) The applicant has demonstrated at least six consecutive months of service as an administrator of a licensed nursing facility; has served as an administrator-in-training for at least six consecutive months; or has completed a practicum in long term healthcare from a regionally accredited higher education program within four years preceding the date of application for reciprocal licensure; and

    (5) The nonrefundable fee for reciprocal licensure is $150 prorated to the next biennial renewal date. An applicant for reciprocal licensure as a nursing facility administrator shall meet the education and training requirements and shall submit the following:

    (1) A completed application form and a nonrefundable fee of $300;

    (2) Certified transcripts verifying completion of at least an associate degree;

    (3) Verification of completion of:

            (a)    An administrator-in-training program within four years preceding the date of application;

            (b)    A practicum in long term care healthcare administration from a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation within four years preceding the date of application; or

            (c)    Six consecutive months of service as an administrator of a licensed nursing facility within four years preceding the date of application;

    (4) A copy of the applicant's driver license or equivalent birth verification;

    (5) Three letters of recommendation from professional references not related to the applicant by kinship or marriage;

    (6) Verification of passage of the Nursing Home Administrators Licensing Examination administered by the National Association of Long Term Care Administrator Boards;

    (7) Verification of passage of the state examination provided by the board covering the rules of the South Dakota Department of Health that govern nursing facilities within four years preceding the date of application; and

    (8) A certified letter verifying the nursing facility administrator license, or equivalent license, and status of such license from the board in each state or other political subdivision of the United States in which the applicant is or has been licensed. If an applicant for reciprocal licensure has had action taken against a license as a nursing facility administrator, or equivalent license, the applicant may be denied a license.

    Section 41. That ARSD 20:49:07:02 be amended to read as follows:

    20:49:07:02. Duplicate licenses. The board may issue a duplicate license upon request and payment of a $50 fee.

    Section 42. That ARSD 20:49:08:01 be amended to read as follows:

    20:49:08:01. Application for renewal. Every person who holds a valid license as a nursing facility administrator issued by the board shall apply to the board biennially by December 31 of each even-numbered years to the board for a renewal of the license year and report any information requested by the board on forms provided for the purpose. A nursing facility administrator whose license has expired may petition the board for consideration of renewal. A nursing facility administrator by the board. A licensee need not be actively practicing as a nursing facility

administrator to be eligible to renew the license.

    Section 43. That ARSD 20:49:08:01.01 be amended to read as follows:

    20:49:08:01.01. Fee for renewal. The biennial nonrefundable fee for renewal of a license is $150 $300.

    Section 44. That ARSD 20:49:08:02 be amended to read as follows:

    20:49:08:02. Inactive status -- Reactivation. The A licensee may place the license as inactive upon completion of a form provided by the board and payment of the nonrefundable fee of $75 $150. A licensee may reactivate the license pursuant to SDCL 36-28-18.2 within five years following the date of inactivation. The required fee to reactivate a license is the amount of the licensure fee prorated to the next biennial renewal date initial licensure fee. To satisfy the continuing education requirement to reactivate a license, the licensee shall provide evidence of 20 hours of board approved continuing education earned within the past 12 months.

    Section 45. That ARSD 20:49:08:03 be amended to read as follows:

    20:49:08:03. Continuing education requirements. A minimum of 40 clock hours of board approved continuing education pertaining to health care, healthcare administration, or business administration is required biennially for renewal of a license. The board may accept academic courses pertaining to health care, healthcare administration, or business administration offered through an accredited higher education institution and earned as college credit a higher education institution accredited by an organization recognized by the Council for Higher Education Accreditation. The board may approve continuing education providers and programs, programs presented by board-approved providers, programs approved by another state licensing board for nursing facility administrators, and programs by approved continuing education providers of the National Association of Long Term Care Administrator Boards.

    Section 46. That ARSD 20:49:08:04 be amended to read as follows:

    20:49:08:04. Criteria for continuing education course approval. An organization or presenter A provider or program that desires approval of a continuing education program shall as a continuing education provider or program may apply on a form provided approved by the board at least 30 days before or 30 days after the program date. The application shall state the dates, subjects offered, total hours of instruction, names and qualifications of speakers, and other pertinent information. The board shall notify the applicant in writing of its decision.

    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:

    20:49:14:01. Petition for declaratory ruling. Any person wishing the board to issue its ruling as to the applicability to that person of any statutory provision or rule or order of the board may file with the board a petition in substantially the following form:

STATE OF SOUTH DAKOTA

SOUTH DAKOTA STATE BOARD OF EXAMINERS

FOR NURSING HOME ADMINISTRATORS



Petition for Declaratory Ruling

    Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner), and do hereby petition the South Dakota State Board of Examiners for Nursing Home Administrators for its declaratory ruling in regard to the following:

    1. The state statute or State Board of Examiners for Nursing Home Administrators rule or order in question is: (here identify and quote the pertinent statute, rule or order).

    2. The facts and circumstances which give rise to the issue to be answered by the board's declaratory ruling are:

    3. The precise issue to be answered by the board's declaratory ruling is:

    4. The action requested to be taken by the board is and the reasons for such action are:

    Dated at (city and state) this ______ day of ____________ 19__.

_______________________

(Signature of petitioner)

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:

    20:49:15:01. Grounds for revocation, suspension, or nonrenewal other action. The license or emergency permit of a nursing facility administrator may be revoked, suspended, or not renewed by the board for cause board may revoke or suspend a license or take other action deemed necessary to protect the public upon any of the following grounds:

    (1) The licensee failed to complete continuing education requirements;

    (2) The licensee or permittee is guilty of fraud, bribery, or deceit in procuring a license or permit, in carrying out the duties as a nursing home administrator, or in obtaining renewal of a license or permit;

    (3) The licensee or permittee has been convicted of, pled no contest, nolo contendere, pled guilty to, or been granted a deferred judgment or suspended imposition of sentence, or had prosecution deferred with respect to a felony. The conviction of a felony is the conviction of A felony is any offense which would be a felony under the laws of South Dakota if it was committed in the state;

    (4) The licensee or permittee is addicted to the use of intoxicating beverages, narcotics, or any of the drugs or controlled substances set forth in SDCL 34-20B to such an extent that the licensee or permittee cannot perform the duties;

    (5) The physical or mental condition of the licensee or permittee is determined by a competent examiner to jeopardize those who seek the professional services of the licensee or permittee. A majority of the board may demand an examination of the licensee or permittee. If the licensee or permittee fails to submit to the examination, it is immediate grounds for suspension of the license or permit;

    (6) The licensee or permittee is guilty of unprofessional conduct; and


    (7) The licensee or permittee has violated any provision of SDCL chapter 36-28 or this article any rule promulgated pursuant to that chapter; or

    (8) The licensee had an action taken against a nursing facility administrator or equivalent license in another jurisdiction.

    Section 53. That ARSD 20:49:15:02 be amended to read as follows:

    20:49:15:02. Unprofessional conduct. Unprofessional conduct includes but is not limited to the following:

    (1) Failure to exercise technical competence in carrying out nursing facility administration;

    (2) Failure to follow or enforce policies or procedures necessary to assure patient or resident welfare and safety;

    (3) Failure to safeguard the patient's or resident's dignity and right to privacy;

    (4) Violating the confidentiality of information or knowledge concerning the patient or resident;

    (5) Mental, verbal, or physical abuse of patients or residents a patient or resident;

    (6) Using alcohol or other drugs to the extent that there is significant interference with job performance;

    (7) Misuse of drug supplies, narcotics, or patients' or residents' a patient's or resident's records;

    (8) Falsifying patients' or residents' a patient's or resident's records or intentionally charting incorrectly;

    (9) Appropriating medications, supplies, or personal items of the patient or resident or agency;

    (10) Forging prescriptions a prescription or making drugs a drug available to self, friends, or family members;

    (11) Falsifying records submitted to the board, to the state department of health, or to any other government agency;

    (12) Delegating nursing facility administrator care, functions, tasks, or responsibilities to others contrary to SDCL chapter 36-28 or to the detriment of patient or resident safety;

    (13) Failure to exercise appropriate supervision over persons who are authorized to practice only under the supervision of a licensed professional;

    (14) Leaving a nursing facility administrator assignment or post without notifying a substitute;

    (15) Assisting any other person to violate or circumvent any provision of SDCL chapter 36-28 or this article;

    (16) Permitting an unlicensed person to use a nursing facility administrator license or permit for any purpose; and

    (17) Having a license or certificate in a related health care discipline in the state of South Dakota or in another state denied, refused renewal, revoked, or suspended due to unprofessional conduct as

defined in items 1 to 16, inclusive, of this rule.

     Signed March 24, 2014
_______________
End Included file xY:\LMDATA\SESSIONS\89-2014\SESSIO~1\186.wpd


Start Included file zY:\LMDATA\SESSIONS\89-2014\SESSIO~1\187.wpd
CHAPTER 187

(SB 14)

Board of Examiners of Counselors
and Marriage and Family Therapists, requirements changed.


        ENTITLED, An Act to revise certain provisions pertaining to the Board of Examiners of Counselors and Marriage and Family Therapists.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Obtains licensure under this chapter as a licensed professional counselor;

            (2)    Completes a master's, specialist, or doctoral degree with an emphasis in mental health counseling from a counseling program approved by the Council for Accreditation of Counseling and Related Educational Programs as listed in the Directory of Accredited

Programs, July 1991, or an equivalent program as demonstrated by studies in the following areas:

            (a)    The general principles and practices of etiology, diagnosis, treatment, and prevention of mental and emotional disorders and dysfunctional behavior, and the general principles and practices for the promotion of optimal mental health;

            (b)    The specific models and methods for assessing mental status and the identification of mental illness or abnormal, deviant, or psychopathologic behavior by obtaining appropriate behavioral data using a variety of techniques, including nonprojective personality assessments and achievement, aptitude, and intelligence testing, and translating findings into the Diagnostic and Statistical Manual categories, as adopted by the board by rules promulgated pursuant to chapter 1-26;

            (c)    The specific theories of psychotherapy for initiating, maintaining, and terminating therapy with a mentally and emotionally impaired client or a client with disabilities in a variety of settings using a variety of modalities, including crisis intervention, brief, intermediate, and long-term modalities;

            (d)    The basic classification, indications, and contraindications of the commonly prescribed psychopharmacological medications for the purpose of identifying the effects and side effects of prescribed psychotropic medications;

            (e)    The guidelines for conducting an intake interview and mental health history for planning and managing of client caseload; and

            (f)    The specific concepts and ideas related to mental health education, outreach, prevention, and mental health promotion;

            (3)    Completes two years of clinical experience and supervision under a licensed mental health professional after receiving a master's degree. The supervising mental health professional must hold the highest level of licensure within that supervisor's profession. Clinical experience must consist of two thousand hours of direct client contact in a clinical setting. Supervision must consist of one hundred hours of direct supervision, at least fifty hours of which shall be face-to-face. The balance may be face-to-face or by telephone conferencing or interactive video conferencing. However, any telephone conferencing or interactive video conferencing must be secure such that reasonable precautions have been taken to ensure that the conference will not be intercepted or listened to by unauthorized persons; and

            (4)    Passes an examination approved by the board for the purpose of assessing an applicant's knowledge in the content areas of mental health counseling.

    Section 8. That § 36-32-43 be amended to read as follows:

    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.

     Signed March 6, 2014
_______________
End Included file zY:\LMDATA\SESSIONS\89-2014\SESSIO~1\187.wpd

TRADE REGULATION

_______________


Start Included file |Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\188.wpd
CHAPTER 188

(HB 1107)

Repeal obsolete provisions regarding restraint of trade.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding restraint of trade.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 37-1-15 be repealed.

    Section 2. That § 37-1-16 be repealed.

    Section 3. That § 37-1-17 be repealed.

     Signed February 27, 2014
_______________
End Included file |Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\188.wpd




Start Included file ~Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\189.wpd
CHAPTER 189

(HB 1106)

Obsolete provision repealed
regarding the sale of petroleum products.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the sale of petroleum products.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 37-2-14 be repealed.

     Signed March 14, 2014
_______________
End Included file ~Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\189.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\190.wpd
CHAPTER 190

(SB 57)

Trading stamp business regulation repealed.


        ENTITLED, An Act to repeal certain provisions regarding the regulation of the trading stamp business.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 37-19-1 be repealed.

    Section 2. That §§ 37-19-2 to 37-19-12, inclusive, be repealed.

     Signed February 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\190.wpd


Start Included file -Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\191.wpd
CHAPTER 191

(SB 23)

Retail crime and deceptive trade practices revised.


        ENTITLED, An Act to revise certain provisions relating to deceptive trade practices, including unordered property or services, lodging reservation and cancellation, violation penalties, attorney's fees, entry rights for landlords and tenants, debit card theft, and organized retail crime.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:



            (1)    Knowingly and intentionally act, use, or employ any deceptive act or practice, fraud, false pretense, false promises, or misrepresentation or to conceal, suppress, or omit any material fact in connection with the sale or advertisement of any merchandise, regardless of whether any person has in fact been mislead misled, deceived, or damaged thereby;

            (2)    Advertise price reductions without satisfying one of the following:

            (a)    Including in the advertisement the specific basis for the claim of a price reduction; or

            (b)    Offering the merchandise for sale at the higher price from which the reduction is taken for at least seven consecutive business days during the sixty-day period prior to the advertisement.

                Any person advertising consumer property or services in this state, which advertisements contain representations or statements as to any type of savings claim, including reduced price claims and price comparison value claims, shall maintain reasonable records for a period of two years from the date of sale and advertisement, which records shall disclose the factual basis for such representations or statements and from which the validity of any such claim be established. However, these reasonable record provisions do not apply to the sale of any merchandise which:

            (a)    Is of a class of merchandise that is routinely advertised on at least a weekly basis in newspapers, shopping tabloids, or similar publications; and

            (b)    Has a sales price before price reduction that is less than fifteen dollars per item;

            (3)    Represent a sale of merchandise at reduced rates due to the cessation of business operations and after the date of the first advertisement remain in business under the same, or substantially the same, ownership or trade name, or continue to offer for sale the same type of merchandise at the same location for more than one hundred twenty days;

            (4)    Give or offer a rebate, discount, or anything of value to an individual as an inducement for selling consumer property or services in consideration of giving the names of prospective purchasers or otherwise aiding in making a sale to another person, if the earning of the rebate, discount, or other thing of value is contingent upon the occurrence of an event subsequent to the time the individual agrees to the sale;

            (5)    Engage in any scheme or plan for disposal or distribution of merchandise whereby a participant pays a valuable consideration for the chance to receive compensation primarily for introducing one or more additional persons into participation in the planner's scheme or for the chance to receive compensation when the person introduced by the participant introduces a new participant;

            (6)    Send, deliver, provide, mail, or cause to be sent, delivered, provided, or mailed any unordered consumer property or service, or any bill or invoice for unordered consumer property or unordered service provided;

            (7)    Advertise a rate, price, or fee for a hotel, motel, campsite, or other lodging accommodation which is not in fact available to the public under the terms advertised. It is not a violation of this subdivision to establish contract rates which are different than public rates;

            (8)    Charge a rate, price, or fee for a hotel, motel, campsite, or other lodging accommodation which is different than the rate, price, or fee charged on the first night of the guest's stay unless, at the initial registration of the guest, a written notification of each price, rate, or

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;

            (9)    Knowingly and intentionally fail to mail or to deliver by electronic means to a future guest a written confirmation of the date and rates of reservations made for any accommodation at a hotel, motel, campsite, or other lodging accommodation when a written request for confirmation is received from the future guest;

            (10)    Refuse to return or reverse the charge for a deposit upon any hotel, motel, campsite, or other lodging accommodation which is canceled by the guest more than thirty days before the date of the reservation. The innkeeper may establish a policy requiring a longer time for notice of cancellation or a handling fee in the event of cancellation, which may not exceed twenty-five dollars, if the policy is in writing and is delivered or mailed to the guest at or near the making of the reservation Require money in advance of arrival or a handling fee in the event of cancellation of any hotel, motel, campsite, or other lodging accommodation unless the innkeeper has a written policy or a separate contract with the guest stating so that is mailed or delivered by electronic means to the guest at or near the making of the reservation;

            (11)    Knowingly advertise or cause to be listed through the internet or in a telephone directory a business address that misrepresents where the business is actually located or that falsely states that the business is located in the same area covered by the telephone directory. This subdivision does not apply to a telephone service provider, an internet service provider, or a publisher or distributor of a telephone directory, unless the conduct proscribed in this subdivision is on behalf of the provider, publisher, or distributor;

            (12)    Sell, market, promote, advertise, or otherwise distribute any card or other purchasing mechanism or device that is not insurance that purports to offer discounts or access to discounts from pharmacies for prescription drug purchases if:

            (a)    The card or other purchasing mechanism or device does not expressly state in bold and prominent type, prevalently placed, that discounts are not insurance;

            (b)    The discounts are not specifically authorized by a separate contract with each pharmacy listed in conjunction with the card or other purchasing mechanism or device; or

            (c)    The discount or access to discounts offered, or the range of discounts or access to the range of discounts, is misleading, deceptive, or fraudulent, regardless of the literal wording.

                The provisions of this subdivision do not apply to a customer discount or membership card issued by a store or buying club for use in that store or buying club, or a patient access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium of pharmaceutical manufacturers, that provide free or discounted prescription drug products directly to low income or uninsured individuals either through a discount card or direct shipment.

            (13)    Send or cause to be sent an unsolicited commercial electronic mail message that does not include in the subject line of such message "ADV:" as the first four characters. If the message contains information that consists of explicit sexual material that may only be viewed, purchased, rented, leased, or held in possession by an individual eighteen years of age and older, the subject line of each message shall include "ADV:ADLT" as the first eight characters. An unsolicited commercial electronic mail message does not include a message sent to a person with whom the initiator has an existing personal or business

relationship or a message sent at the request or express consent of the recipient.

    Each act in violation of this section under one thousand dollars is a Class 2 Class 1 misdemeanor. Any subsequent conviction of an Each act in violation of this statute, which occurs within two years is a Class 1 misdemeanor. Any subsequent conviction of an act in violation of this statute, which occurs within two years of a conviction of a Class 1 misdemeanor pursuant to this statute, is a Class 6 felony over one thousand dollars but under one hundred thousand dollars is a Class 6 felony. Each act in violation of this section over one hundred thousand dollars is a Class 5 felony.

    Section 2. That § 37-24-1 be amended to read as follows:

    37-24-1. Terms used in this chapter mean:

            (1)    "Advertisement," the attempt by publication, dissemination, solicitation, or circulation, whether oral, visual, written, or otherwise, and whether in person, by telephone, or by any other means, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any merchandise;

            (2)    "Business day," any calendar day except Sunday, or the following holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Pioneers' Day, Veterans' Day, Thanksgiving Day, and Christmas Day;

            (3)    "Consumer property or services," any personal property or services sold primarily for personal, family, or household use and not for resale or for use or consumption in a trade or business. The term "consumer property or services" includes "merchandise";

            (4)    "Documentary material," the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, other tangible document or recording, reproductions of information stored magnetically, file lay-out, code conversion tables, computer programs to convert file to readable print-out, wherever situate;

            (5)    "Examination" of documentary material, the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material or copy thereof;

            (6)    "Goods or services," goods or services purchased, leased, or rented, including courses of instruction or training regardless of the purpose for which they are taken;

            (7)    "Merchandise," any object, wares, goods, commodity, intangible, instruction, or service;

            (7A)    "Organized retail crime," the theft of retail merchandise from a retail seller with the intent or purpose of reselling, distributing, or otherwise reentering the retail merchandise in commerce, including the transfer of the stolen retail merchandise to another retail seller or to any other person personally, through the mail, or through any electronic medium, including the internet, in exchange for anything of value;

            (8)    "Person," a natural person or his legal representative, a partnership, a limited liability company (domestic or foreign), a corporation (domestic or foreign), a trust, an incorporated or unincorporated association, and any other legal entity;

            (9)    "Place of business," the main or permanent branch office or local address of a seller;

            (10)    "Price comparison," the comparison, whether or not expressed wholly or in part in dollars, cents, fractions or percentages, in any advertisement, of a seller's current price for consumer property or services with any other price or statement of value for such property

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";

            (11)    "Purchase price," the total price paid or to be paid for the goods or services, including all interest and service charges;

            (11A)    "Retail merchandise," any article, product, commodity, item, or component intended to be sold in retail commerce;

            (11B)    "Retail seller," any person that is in the business of selling retail merchandise at retail;

            (12)    "Seller," any person, partnership, corporation, or association engaged in the door to door sale of goods or services;

            (13)    "Trade" and "commerce," the advertising, offering for sale, attempting to sell, selling, or distributing of any services, or any property, tangible or intangible, personal, or mixed, or of any other article, commodity, or thing of value wherever situate, for cash, exchange of goods or services, or on credit, and shall include any trade or commerce directly or indirectly affecting the people of this state;

            (14)    "Unordered," delivery of consumer property or services without prior expressed request or consent from the person receiving the consumer property or services, but not including consumer property sent or services performed by mistake, offered in good faith in substitution for property or services by prior expressed request or consent, or a bona fide gift. Unordered consumer property or services do not include consumer property or services sent pursuant to an agreement which is in compliance with the federal trade commission rule on use of negative option plans by sellers in commerce as outlined in 16 C.F.R., section 425, as in effect on January 1, 1992.

    Section 3. That § 37-24-23 be amended to read as follows:

    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:

    Except in case of an emergency or if it is impracticable to do so, a landlord or landlord's agent shall give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times. Twenty-four hours written notice is presumed to be a reasonable notice unless alternate methods of notification or times for entry are mutually agreed upon between the landlord and tenant in the lease. The notice shall specify date or dates of entry, a period of time during normal business hours for entry, and the purpose of intended entry. The notice shall also specify a means for which the tenant may request to reschedule the entry.

    Section 5. That § 22-30A-8.1 be amended to read as follows:



    22-30A-8.1. Any person who, by use of a debit card or credit card issued to another person, without the consent of the person to whom issued, or by use of a debit card or credit card which has been revoked or canceled or has expired, or by use of a falsified, mutilated, altered, or counterfeit debit card or credit card obtains property or services on credit, is guilty of theft.

    Section 6. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as follows:

    A person is guilty of organized retail crime if that person, alone or in association with another person, does any of the following:

            (1)    Knowingly commits an organized retail crime;

            (2)    Organizes, supervises, conspires, finances, or otherwise manages or assists another person in committing an organized retail crime;

            (3)    Removes, destroys, deactivates, or knowingly evades any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing an organized retail crime; or

            (4)    Knowingly causes a fire exit alarm to sound or otherwise activate, or deactivates or prevents a fire exit alarm from sounding, in the commission of an organized retail crime by another person.

    Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each act in violation of this section over one thousand dollars but under one hundred thousand dollars is a Class 6 felony. Each act in violation of this section over one hundred thousand dollars is a Class 5 felony.

    Section 7. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as follows:

    The court shall order a person who is found guilty of organized retail crime to make restitution to any retail seller victim and to reimburse the governmental entity for its expenses incurred as a result of the violation of this Act.

    Section 8. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as follows:

    It is not a defense to a charge under this chapter that the property was not stolen, embezzled, or converted property at the time of the violation if the property was explicitly represented to the accused person as being stolen, embezzled, or converted property.

    Section 9. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as follows:

    This chapter does not prohibit a person from being charged with, convicted of, or sentenced for any violation of statute arising out of the same criminal transaction that violates this chapter.

    Section 10. That chapter 37-24 be amended by adding thereto a NEW SECTION to read as follows:

    In calculating the amount involved in deceptive act violations pursuant to this chapter, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, the amount may be aggregated in determining the degree of punishment of the scheme or course of conduct of the deceptive acts.

    Section 11. That § 37-24-10 be amended 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.

     Signed March 14, 2014
_______________
End Included file -Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\191.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\192.wpd
CHAPTER 192

(SB 143)

Civil remedy for a bad faith assertion of patent infringement.


        ENTITLED, An Act to provide for a civil remedy for a bad faith assertion of patent infringement.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. Terms used in this Act mean:

            (1)    "Demand letter," any letter, e-mail, or other communication asserting or claiming that the target has engaged in patent infringement;

            (2)    "Target," any person:

            (a)    Who receives a demand letter or against whom an assertion or allegation of patent infringement is made;

            (b)    Who is threatened with litigation or against whom a lawsuit is filed alleging patent infringement; or

            (c)    Whose customer receives a demand letter asserting that the person's product, service, or technology infringes a patent.

    Section 2. No person may make a bad faith assertion of patent infringement as prohibited by the provisions of this Act.

    Section 3. A court may consider the following factors as evidence that a person has made a bad faith assertion of patent infringement:

            (1)    The demand letter does not contain the following information:

            (a)    The patent number;

            (b)    The name and address of the patent owner and assignee, if any; or

            (c)    Factual allegations concerning the specific areas in which the target's product, service, or technology infringe the patent or are covered by the claim in the patent;

            (2)    Prior to sending the demand letter, the person fails to conduct an analysis comparing the claim in the patent to the target's product, service, or technology, or such an analysis was done but does not identify the specific area in which the product, service, or technology is covered by the claim in the patent;

            (3)    The demand letter lacks the information described in subdivision (1) of this section, the target requests the information, and the person fails to provide the information within a reasonable period of time;

            (4)    The demand letter demands payment of a license fee or a response within an unreasonably short period of time;

            (5)    The person offers to license the patent for an amount that is not based on a reasonable estimate of the value of the license;

            (6)    The claim of patent infringement is meritless and the person knew, or should have known, that the claim is meritless;

            (7)    The claim of patent infringement is deceptive;

            (8)    The person, a subsidiary, or an affiliate has previously filed or threatened to file a lawsuit based on the same or a similar claim of patent infringement and:

            (a)    The threat or lawsuit lacked the information described in subdivision (1) of this section; or

            (b)    The person attempted to enforce the claim of patent infringement in litigation and a court found the claim to be meritless;

            (9)    Any other factor the court finds relevant.

    Section 4. A court may consider the following factors as evidence that a person has not made a bad faith assertion of patent infringement:

            (1)    The demand letter contains all of the information described in subdivision (1) of section 3 of this Act;

            (2)    If the demand letter lacks the information described in subdivision (1) of section 3 of this Act and the target requests the information, the person provides the information within a reasonable period of time;

            (3)    The person engages in a good faith effort to establish that the target has infringed the patent and to negotiate an appropriate remedy;

            (4)    The person makes a substantial investment in the use of the patent or in the production or sale of a product or item covered by the patent;

            (5)    The person is:

            (a)    The inventor or joint inventor of the patent or, in the case of a patent filed by and awarded to an assignee of the original inventor or joint inventor, is the original assignee; or

            (b)    An institution of higher education or a technology transfer organization owned or affiliated with an institution of higher education;

            (6)    The person has:

            (a)    Demonstrated good faith business practices in previous efforts to enforce the patent, or a substantially similar patent; or

            (b)    Successfully enforced the patent, or a substantially similar patent, through litigation;

            (7)    Any other factor the court finds relevant.

    Section 5. Upon motion by a target and a finding by the court that the target has established a reasonable likelihood that a person has made a bad faith assertion of patent infringement in violation of this Act, the court shall require the person to post a bond in an amount equal to a good faith estimate of the target's costs to litigate the claim and amounts reasonably likely to be recovered under this Act, conditioned upon payment of any amounts finally determined to be due to the target. The court shall hold a hearing to determine the amount of the bond on the request of either party. A bond ordered pursuant to this section may not exceed two hundred fifty thousand dollars. The court may waive the bond requirement if the court finds the person has available assets equal to the amount of the proposed bond or for other good cause shown.

    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:

            (1)    Equitable relief;

            (2)    Damages;

            (3)    Costs and fees, including reasonable attorney fees; and

            (4)    Exemplary damages in an amount equal to fifty thousand dollars or three times the total of damages, costs, and fees, whichever is greater.

    Section 8. It is not a deceptive trade act or practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the infringement of that patent pursuant to the provisions of Title 35 of the United States Code, or to seek compensation on account of a past or present infringement, or for a license, if it is reasonable to believe that the person from whom compensation is sought may owe such compensation.

    Section 9.  This Act does not apply to any demand letter sent by:

            (1)    Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation;

            (2)    Any owner of the patent who is using the patent in connection with the production, manufacturing, processing, or delivery of products or materials;

            (3)    Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) as of January 1, 2014; or

            (4)    Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\192.wpd


AGRICULTURE AND HORTICULTURE

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\193.wpd
CHAPTER 193

(HB 1081)

Revise provisions related to the wheat checkoff program.


        ENTITLED, An Act to revise the computation of the promotional fee on wheat.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 38-10-2 be amended to read as follows:

    38-10-2. Terms used in this chapter mean:

            (1)    "Commercial channels," the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public or private, who resells any wheat or product produced from wheat;

            (2)    "Commission" or "wheat commission," the Wheat Utilization, Research and Market Development Commission;

            (3)    "First purchaser," any person, public or private corporation, or partnership buying, accepting for shipment (either in state or out of state), or otherwise acquiring the property in or to wheat from a grower, and shall include. The term includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the grower, where if the actual or constructive possession of such the wheat is taken as part payment or in satisfaction of such the mortgage, pledge, lien, or claim;

            (4)    "Grower," anyone personally engaged in growing wheat, and includes including both the owner and tenant jointly, a person, partnership, limited liability company, association, corporation, cooperative, trust, sharecropper, and any and all other business units, devices, and arrangements;

            (5)    "Participating grower," a grower who has not requested a refund from the payment of the promotional fee for the past three years; and

            (6)    "Net market price," the sale price received by a grower for wheat after adjustment for any premium or discount based on grading or quality factors.

    Section 2. That § 38-10-22 be amended to read as follows:

    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.


    Section 3. That § 38-10-25 be amended to read as follows:

    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:

            (1)    The name of the grower and seller;

            (2)    The name and address of the purchaser;

            (3)    The number of bushels of wheat sold; and

            (4)    The date of the purchase; and

            (5)    The net market price.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\193.wpd

ANIMALS AND LIVESTOCK

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\194.wpd
CHAPTER 194

(SB 46)

Cruelty to animals, standards updated.


        ENTITLED, An Act to revise certain provisions regarding animal welfare and to provide a felony penalty for cruelty to animals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    "Abandonment," giving "Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;

            (2)    "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;

            (3)    "Board," the South Dakota Animal Industry Board;

            (4)    "Captive wild animal," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture "Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;

            (5)    "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color,

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;

            (6)    "Exotic animal," any animal not occurring naturally in the United States either currently or historically "Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;

            (7)    "Impoundment," taking "Impound," to take physical control and custody of an animal;

            (8)    "Non-domestic animal," any animal that is not domestic;

            (9)(8)    "Other livestock," "Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;

            (9)    "Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;

            (10)    "Wild animal," any animal not in captivity, other than a domestic animal; and "Neglect," to fail 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;

            (11)    "Zoological animal," any animal in any zoo or intended to be used in a zoo "Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.

    Section 2. That § 40-1-2.2 be repealed.

    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:

            (1)    Own, possess, keep, or train any dog animal with the intent to engage the dog animal in an exhibition of fighting with another dog animal;

            (2)    For amusement or gain cause any dog animal to fight with another dog animal or cause any dog animal to injure another dog animal; or

            (3)    Permit the activity prohibited by this section or § 40-1-11.1 to be done on any premises under his the person's charge or control, or aid, or abet any activity prohibited by this section or § 40-1-11.1.

    A violation of this section or § 40-1-11.1 is a Class 6 felony.

    It is a Class 1 misdemeanor to be present at any violation of subdivision (2) of this section as a spectator.

    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.

    Any court having jurisdiction of a penal charge under the provisions of this chapter may order the euthanasia of any such animal.

    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.

    In addition, the following are exempt from the provisions of this chapter and chapter 40-2:

            (1)    Any usual and customary practice;

            (a)    In the production of food, feed, or fiber, including all aspects of the livestock industry;

            (b)    In the boarding, breeding, competition, exhibition, feeding, raising, service work, showing, training, transportation, and use of animals; or

            (c)    In the harvesting of animals for food or byproducts;

            (2)    Any humane killing of an animal;

            (3)    Any lawful hunting, trapping, fishing, or other activity authorized by the South Dakota Department of Game, Fish and Parks;

            (4)    Any lawful pest, vermin, predator, and animal damage control, including the disposition of wild animals;

            (5)    Any reasonable action taken by a person for the destruction or control of an animal known to be dangerous, a threat, or injurious to life, limb, or property; and

            (6)    Any actions taken by personnel or agents of the board, the Department of Agriculture, Department of Game, Fish and Parks, or the United States Department of Agriculture in the performance of duties as prescribed by law.

    Section 16. That § 40-1-20 be amended to read as follows:

    40-1-20. Except as specifically provided for in this chapter, no person may intentionally administer poison to any animal which that belongs to another, nor intentionally expose any poisonous substance so that it may be taken by an animal which belongs to another. 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 prevent animal control activities conducted by municipalities or counties, separately or through contract with a humane society, in accordance with chapters 36-12 and 34-20B.

    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:

            (1)    Procedures for filing complaints;

            (2)    Reasons for and methods of euthanizing animals;

            (3)    Specific standards and accepted food, water, protection from the elements, sanitation facilities, and care;

            (4)    Procedures and methods for impoundment;

            (5)    Methods for transferring ownership of impounded animals;

            (6)    Methods of investigating reported inhumane treatment;

            (7)    Methods for contracting with peace law enforcement officers, humane societies, or others to serve as agents for the board;

            (8)    Methods for certifying the proper training for agents of the board;

            (9)    Procedures and criteria for the euthanasia of animals pursuant to § 40-1-13; and

            (10)    Procedures for dealing with dangerous animals.

    Section 19. That § 40-1-26 be repealed.

    Section 20. That § 40-1-27 be repealed.

    Section 21. That § 40-1-33 be repealed.



    Section 22. That § 40-2-1 be amended to read as follows:

    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.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\194.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\195.wpd
CHAPTER 195

(SB 22)

Livestock inspection violation, citation may be issued.


        ENTITLED, An Act to authorize the issuance of citations for certain livestock inspection violations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 40-18 be amended by adding thereto a NEW SECTION to read as follows:

    If a resident of this state is arrested for a violation of any provision of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, the arresting officer shall take the name and address of the person and information relative to the violation and issue the person a summons in writing to appear in court. The officer shall release the person from custody upon receiving from the person a written promise to appear at the time and place designated by the officer. A nonresident arrested for a violation of chapters 40-19 to 40-22, inclusive, or any provision of chapter 40-29, punishable as a misdemeanor, may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody. Any person who intentionally violates the written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.

    The officer shall utilize a uniform form approved by the attorney general for complaints and summons regarding a violation of any provision of chapters 40-19 to 40-22, inclusive, or the provisions of chapter 40-29, punishable as a misdemeanor.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\195.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\196.wpd
CHAPTER 196

(SB 75)

Local governments may not regulate ownership of certain dog breeds.


        ENTITLED, An Act to prohibit local governments from enacting, maintaining, or enforcing regulations on certain dog breeds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 40-34 be amended by adding thereto a NEW SECTION to read as follows:

    No local government, as defined in § 6-1-12, may enact, maintain, or enforce any ordinance, policy, resolution, or other enactment that is specific as to the breed or perceived breed of a dog. This section does not impair the right of any local government unit to enact, maintain, or enforce any form of regulation that applies to all dogs.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\196.wpd

GAME, FISH, PARKS AND FORESTRY

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\197.wpd
CHAPTER 197

(HB 1110)

Definition of a resident changed
for the purposes of hunting, fishing, and trapping licenses.


        ENTITLED, An Act to revise certain provisions regarding the definition of a resident for the purposes of hunting, fishing, and trapping licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any person who previously had a domicile in this state who is absent due to business of the United States or of this state, or is serving in the armed forces of the United States or the spouse of an active duty military person;

            (2)    Any person who previously had a domicile in this state who is absent due to the person's regular attendance at a post-high school institution as a full-time student or due to the person's regular attendance in a medical or dental residency program;

            (3)    Any person in the active military of the United States or that person's spouse who is

continuously stationed in this state;

            (4)    Any person who is a patient in any war veterans' hospital within this state;

            (5)    Any person who is an employee of the veterans' administration or any veterans' hospital in this state;

            (6)    Any person residing on restricted military reservations in this state;

            (7)    Any person attending regularly a post-high school institution in this state as a full-time student for thirty days or more immediately preceding the application;

            (8)    Any foreign exchange student over sixteen years of age attending a public or private high school who has resided in the state for thirty days or more preceding the application;

            (9)    Any foreign exchange student who is between the ages of twelve years and sixteen years who has completed the Department of Game, Fish and Parks' course of instruction in the safe handling of firearms and has been issued a certificate of competency upon completion of instruction and who has resided in the state for thirty days or more preceding application for a license;

            (10)    Any person who is a minor dependent of a resident of this state; and

            (11)    For the purpose of acquiring resident small game and fishing licenses, any person who does not reside in South Dakota but who is a member of the South Dakota National Guard or of any other unit of a reserve component of the armed forces of the United States that is located in South Dakota.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\197.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\198.wpd
CHAPTER 198

(HB 1185)

Nonresident waterfowl hunting licenses.


        ENTITLED, An Act to revise certain provisions relating to nonresident waterfowl licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    A special nonresident waterfowl license, except as otherwise provided in this title, entitles the licensee to hunt migratory waterfowl for ten consecutive days. Four dollars received from the sale of each special nonresident waterfowl license shall be placed in the land acquisition and development fund. The moneys from this fund shall be used to acquire by purchase or lease real

property to be used primarily for game production. This license shall be in such form as the Game, Fish and Parks Commission shall prescribe.

    The provision in this section limiting the validity of a special nonresident waterfowl license to ten consecutive days does not apply in Union, Clay, Bon Homme, Yankton, and Charles Mix counties; and in such counties, the special nonresident waterfowl license is valid during the same period as is a resident waterfowl license.

    The If the Game, Fish and Parks Commission may issue no allocates more than four thousand special nonresident waterfowl licenses in a calendar year, any increase in the number of licenses allocated may not exceed five percent of the number of licenses allocated in the previous calendar year.

    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.

    Revenue from the sale of fall three-day temporary nonresident waterfowl licenses shall be deposited in the department's land acquisition and development fund to be used to acquire, by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access in the counties adjacent to the Missouri River. Revenue from the sale of early fall Canada goose temporary nonresident licenses shall be deposited in the department's land acquisition and development fund to be used to acquire by lease, permit, or otherwise, interests in real property to be used for providing waterfowl hunting public access. Before promulgating rules which permit the issuance of fall three-day temporary nonresident waterfowl licenses, the commission shall determine that adequate waterfowl hunting public access has been provided through the department's land acquisition and development fund or through other means.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\198.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\199.wpd
CHAPTER 199

(HB 1014)

Application fee for certain resident big game licenses increased.


        ENTITLED, An Act to increase the nonrefundable application fee for resident bighorn sheep, mountain goat, and elk licenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\199.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\200.wpd
CHAPTER 200

(HB 1012)

Resident fishing license for certain groups teaching fishing skills.


        ENTITLED, An Act to provide for free resident fishing licenses for certain entities teaching basic fishing skills.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\200.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\201.wpd
CHAPTER 201

(SB 104)

Artificial light may be used to take varmints.


        ENTITLED, An Act to authorize the use of night vision equipment for hunting under certain conditions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    A person may use a hand held light while on foot, to take raccoons after they have been treed by dogs;

            (2)    A landowner or occupant and one guest accompanied by the landowner or occupant may use an artificial light and night vision equipment on the owner's or occupant's land, with a shotgun using shot shells only or a firearm using a .22 caliber rimfire cartridge, in the taking of jackrabbits, coyotes, beaver during its hunting season, foxes, raccoons, opossums, badgers, skunks, or rodents; and

            (3)    Any person employed by the Department of Game, Fish and Parks performing animal damage control may use night-vision equipment and artificial lights in the performance of the person's duty. In the taking of animals causing damage the employee shall obtain permission from the owner or lessee of such land.

    For the purposes of this section, night-vision equipment is an optical device utilizing light amplifying circuits that are electrical or battery powered. The provisions of this section do not apply to a law enforcement officer in the performance of the officer's duty.

    A violation of this section is a Class 2 misdemeanor.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\201.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\202.wpd
CHAPTER 202

(HB 1130)

Allow use of crossbows for hunting big game
during firearms big game hunting seasons.


        ENTITLED, An Act to authorize the use of crossbows for hunting big game animals during the firearm season.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 41-8 be amended by adding thereto a NEW SECTION to read as follows:

    The provisions of § 41-8-31 notwithstanding, any person who holds a big game license to take a big game animal during the firearm season may take the animal by using a crossbow in lieu of a firearm. As used in this section, the term, crossbow, means a device for propelling a bolt by means of traverse limbs mounted on a stock and a string. The crossbow may be drawn, held, and released by a mechanical device and shall have at least one hundred twenty-five pounds pull and have a working mechanical safety.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\202.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\203.wpd
CHAPTER 203

(HB 1118)

Discharging firearms in safety zones clarified.


        ENTITLED, An Act to clarify certain provisions about discharging firearms in safety zones.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The shooting at or taking by legal methods of small game, except mourning dove, that are located within the boundaries of the highway or public right-of-way;

            (2)    The shooting at or taking by legal methods of small game, except mourning dove, that are in flight over private land if the small game has either originated from or has taken flight from the highway or public right-of-way or if the small game is in the process of flying over the highway or public right-of-way.

    If subdivision (2) of this section is declared by an advisory opinion or adjudication of the South Dakota Supreme Court to be a taking of private property requiring compensation, subdivision (2) is void.

    No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purposes of discharging any firearm or for the purposes of hunting defined in this title within a six hundred sixty-foot safety zone surrounding an occupied dwelling, a church, schoolhouse, or livestock. Neither the person discharging a firearm at small game nor the small game being shot at may be within the safety zone. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a

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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\203.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\204.wpd
CHAPTER 204

(HB 1076)

Allow party fishing from shore or ice in addition to boats.


        ENTITLED, An Act to revise certain requirements relating to party fishing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\204.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\205.wpd
CHAPTER 205

(HB 1010)

Tree nursery reserve fund repealed.


        ENTITLED, An Act to repeal the tree nursery reserve fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 41-22-4 be repealed.

     Signed February 18, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\205.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\206.wpd
CHAPTER 206

(SB 28)

Appropriation for mountain pine beetle suppression.


        ENTITLED, An Act to make an appropriation for certain costs related to mountain pine beetle suppression and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\206.wpd

RECREATION AND SPORTS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\207.wpd
CHAPTER 207

(HB 1084)

Revise the list of persons
who may be excluded from a licensed gaming establishment.


        ENTITLED, An Act to revise certain provisions regarding the list of persons who may be excluded from a licensed gaming establishment and to provide a penalty for a violation of the exclusion.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Prior conviction of a felony, a misdemeanor involving moral turpitude, or a violation of the gaming laws of any state, the United States, any of its possessions or territories including Indian tribes;

            (2)    A violation, attempt to violate or conspiracy to violate the provisions of this chapter relating to the failure to disclose an interest in a gaming establishment for which the person must obtain a license or make disclosures to the commission; or intentional evasion of fees or taxes;

            (3)    Notorious or unsavory reputation that would adversely affect public confidence and trust that the gaming industry is free from criminal or corruptive influences; or

            (4)    Conduct that would adversely affect public confidence that gaming is conducted honestly.

    Any person who has been placed on the list of excluded persons by the commission, after July 1, 2014, who enters a licensed gaming establishment after receiving notice as required by § 42-7B-62, is guilty of a Class 1 misdemeanor.

    The commission may suspend, revoke, or penalize a licensee or licensed gaming establishment as set forth in § 42-7B-32, after notice and hearing pursuant to chapter 1-26, if that establishment or any licensee affiliated with the licensed gaming establishment knowingly fails to exclude or eject from the premises of the licensed establishment any person placed on the list of persons to be excluded.

     Signed February 25, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\207.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\208.wpd
CHAPTER 208

(HB 1168)

Additional safety measures regarding amusement rides.


        ENTITLED, An Act to provide for additional safety measures on amusement rides and to provide a penalty for failure to properly insure an amusement ride or device.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:


    42-10-2. No person may own, operate, or lease an amusement ride or an amusement device of a permanent nature in this state unless the person purchases insurance in an amount not less than one million dollars per occurrence and one million dollars in the aggregate against liability for injury or death to persons arising out of the use of the amusement ride. Any owner, operator, or lessee of an amusement ride who fails to purchase liability insurance is guilty of a Class 1 misdemeanor. A certificate of insurance shall be furnished by the owner, operator, or lessee to the sponsoring persons, organization, or governing board of the local unit of government before the amusement ride or amusement device of a permanent nature is operated.

    Section 3. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as follows:

    No person may operate an amusement ride in the state unless the amusement ride has passed an inspection during the prior twelve months by a certified amusement ride inspector.

    Section 4. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as follows:

    The owner of an amusement ride shall file an inspection affidavit attesting that the amusement ride has passed the most recent annual inspection required in section 2 of this Act with the owner, operator, or lessee to the sponsoring persons, the organization, the state, and the governing board of the local unit of government before the amusement ride is operated at each location. The inspection affidavit shall identify the amusement ride by name, manufacturer, and serial number and identify the date the inspection was performed, the inspector's name, and the inspector's certification number.

    Section 5. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as follows:

    No person may operate an amusement ride unless a daily inspection is performed on each day of operation and the amusement ride meets the current American Society of Testing and Material Standards on Amusement Rides and Devices, F 770-13. An owner or operator of the amusement ride, or a certified amusement ride inspector shall perform the inspection and maintain the record of the inspection for no less than three years. The owner or operator of the amusement ride shall make the record of daily inspection available on request.

    Section 6. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as follows:

    No person may operate an amusement ride that has been modified or altered in a manner that changes the dynamics or control system from the manufacturer's design or specification since the most recent annual inspection, unless the amusement ride passes an inspection by a certified amusement ride inspector prior to operation.

    Section 7. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as follows:

    For purposes of this Act, a certified amusement ride inspector is either an employee of the insurance company that insures the amusement ride or an amusement ride inspector that carries a minimum of one hundred thousand dollars in errors and omissions insurance and is certified by the National Association of Amusement Ride Safety Officials or the Amusement Industry Manufacturers and Suppliers Trade Association.

    Section 8. That chapter 42-10 be amended by adding thereto a NEW SECTION to read as follows:

    A rider on an amusement ride or an amusement device of a permanent nature is responsible for

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:

            (1)    No rider may board or dismount from an amusement ride or an amusement device of a permanent nature except at a designated area;

            (2)    No rider may throw or expel any object or matter from an amusement ride or an amusement device of a permanent nature;

            (3)    No rider may act in any manner contrary to posted rules, oral rules, or prerecorded oral or video rules or instructions while boarding, riding on, or dismounting from any amusement ride or an amusement device of a permanent nature;

            (4)    No rider may engage in any reckless act or activity which may tend to injure the rider or others;

            (5)    While using an amusement ride or an amusement device of a permanent nature that requires steering or control of the rider or a car device, each rider shall maintain reasonable control of his or her speed and course at all times. A rider may not steer the ride in such a manner as to harm another person. A rider on an amusement ride or an amusement device of a permanent nature where the rider controls the speed or direction of the device or part of the device assumes responsibility to engage the device in a manner that does not harm the rider or others;

            (6)    No rider may disconnect, disable, or attempt to disconnect or disable any safety device, seat belt, harness, or other restraining device before, during, or after movement of the ride has started except at the express instruction of the operator;

            (7)    No rider may disembark or attempt to disembark from any amusement ride or amusement device of a permanent nature before, during, or after movement of a ride has started except upon the express instruction of the operator;

            (8)    No rider may board or attempt to board any amusement ride or an amusement device of a permanent nature if the rider is under the influence of alcohol or any controlled substance which impacts his or her ability to safely use the ride and abide by the posted and oral instructions. The operator may prevent a rider who is apparently under the influence of drugs or alcohol from riding on an amusement ride or an amusement device of a permanent nature. An operator who prevents a rider from boarding a ride in accordance with this subdivision may not be held criminally or civilly liable if the operator has a reasonable basis for believing that the rider is under the influence of drugs or alcohol;

            (9)    No rider may alter or enhance the intended speed, course, or direction of an amusement ride or an amusement device of a permanent nature by using an unauthorized device, instrument, or other method;

            (10)    No rider may attempt to gain access to controls of an amusement ride or an amusement device of a permanent nature designed solely to be operated by employees of amusement rides.

    If a rider violates any provision of this section, the violation may be used as evidence of contributory negligence in any civil case asserting amusement ride or operator liability.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\208.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\209.wpd
CHAPTER 209

(HB 1049)

South Dakota Athletic Commission remade.


        ENTITLED, An Act to establish and revise certain provisions regarding the South Dakota Athletic Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    Each appointment to the commission shall be for a period of three years except for the initial appointments which shall be for staggered terms. Each member shall serve until the expiration of the term for which the commissioner was appointed or until the member's successor is appointed and qualified to serve on the commission. If a vacancy occurs other than by expiration of term, the Governor shall appoint a qualified person to fill the vacancy for the unexpired term. The appointment to an unexpired term is not considered a full term. No member may serve more than three consecutive full terms.

    Section 3. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The commission shall hold at least one meeting annually. The commission may hold other meetings at a time and place set by the chair or by a majority of the commission. A majority of the commissioners constitutes a quorum to conduct business. A majority of those present and voting constitutes a decision of the commission.

    Section 4. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The commission shall select a chair, vice chair, and secretary annually. No member may serve as chair for more than three consecutive years.

    Section 5. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    Members of the commission shall receive a per diem established pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while engaged in official duties.

    Section 6. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:


    The commission, its members, and its agents are immune from personal liability for actions taken in good faith in the discharge of the commission's duties, and the state shall hold the commission, its members, and its agents harmless from all costs, damages, and attorney fees arising from claims and suits against them with respect to matters to which such immunity applies. The attorney general shall represent and appear for them in any action or proceeding brought by or against the commission, its members, and its agents because of such acts.

    Section 7. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The commission may acquire liability coverage from an outside entity to provide adequate coverage against claims.

    Section 8. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    No boxer, kickboxer, or mixed martial artist may participate in any competition or sparring exhibition without having a certificate of registration issued by the commission. Each boxer, kickboxer, or mixed martial artist shall submit an application upon a form prescribed by the commission and pay the required application fee. Any boxer, kickboxer, or mixed martial artist in a competition or sparring exhibition who does not have a certificate of registration issued by the commission is guilty of a Class 2 misdemeanor. The commission may file a civil suit to enjoin any person engaging in a competition or sparring exhibition without a certificate of registration issued by the commission.

    Section 9. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    No manager, matchmaker, or promoter may participate in, facilitate, produce, stage, arrange, or profit from a competition or sparring exhibition without having a license issued by the commission. A manager, matchmaker, or promoter shall submit an application upon a form prescribed by the commission and shall pay the required application fee. Any person, club, corporation, association, or entity required to have a license pursuant to this section that participates in, facilitates, produces, stages, arranges, or profits from a competition or sparring exhibition without having a license issued by the commission is guilty of a Class 2 misdemeanor. The commission may file a civil suit to enjoin any person or entity engaging in a competition or sparring exhibition without a license issued by the commission.

    Section 10. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    No competition or sparring exhibition may be held without having a certificate of registration issued by the commission. The commission shall prescribe the form and the fee for registration. Any person, competitor, club, corporation, association, or entity that participates in, facilitates, produces, stages, arranges, or profits from a competition or sparring exhibition that does not have a certificate of registration issued by the commission is guilty of a Class 1 misdemeanor. The commission may file a civil suit to enjoin any person or entity from participating in, facilitating, producing, staging, arranging, or profiting from a competition or sparring exhibition that does not have a certificate of registration issued by the commission.

    Section 11. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    Any competition or sparring exhibition held in South Dakota shall keep any written records pertaining to the competition or sparring exhibition that may be required by the commission. The records shall be made available for inspection by a representative or agent of the commission during

normal business hours.

    Section 12. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    Any member of the commission, or its representative or agent, may freely enter upon and inspect a competition or sparring exhibition at the time and place set for the competition or sparring exhibition.

    Section 13. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    Any assets, interest, revenues, income, and proceeds acquired from a competition or sparring exhibition held without having a certificate of registration issued by the commission are subject to forfeiture to the commission.

    Section 14. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    If the commission determines that a person, club, corporation, association, or entity is in violation of this chapter or any rule promulgated pursuant to this chapter, the commission may take the following actions:

            (1)    Deny an application for registration or licensure;

            (2)    Suspend, temporarily suspend, revoke, or refuse to renew a registration or license;

            (3)    Place on probation, condition, or limit a registration or license;

            (4)    Require reimbursement of the commission for expenses resulting from suspension, temporary suspension, revocation, refusal to renew, fines, censure, or reprimand resulting from a violation;

            (5)    Pursue legal actions against a person, club, corporation, association, or entity that is not authorized to act by this chapter;

            (6)    Impose an administrative fine as provided for by this chapter;

            (7)    Seek an injunction as provided for by this chapter;

            (8)    Issue a cease and desist order as provided for by this chapter; or

            (9)    Other sanctions which the commission finds appropriate.

    Section 15. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The commission may summarily suspend a registration or license in advance of a final adjudication or during the appeals process if the commission finds that a registrant or licensee represents a clear and immediate danger to the public safety or to the safety of other competitors or participants in any competition or sparring exhibition. Any registrant or licensee whose registration or license is suspended under this section is entitled to a prompt hearing pursuant to § 1-26-29. The registrant or licensee may subsequently appeal the suspension to circuit court in accordance with chapter 1-26.

    Section 16. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as

follows:

    Proceedings for the revocation or suspension of any registration or license shall be conducted pursuant to chapter 1-26 and any rules promulgated pursuant to this chapter.

    Section 17. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The findings and actions of the commission on disciplinary matters are subject to appeal as provided by chapter 1-26 and any rules promulgated pursuant to this chapter.

    Section 18. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    Any person, club, corporation, association, or entity that has violated any provision of this chapter or any rule promulgated pursuant to this chapter is subject to the following penalties:

            (1)    Administrative fine:

            (a)    Boxer, kickboxer, or martial artist: any person registered by the commission who violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed five hundred dollars for each offense;

            (b)    Manager, promoter, or matchmaker: any person, club, corporation, association, or entity licensed by the commission which violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed two thousand dollars for each offense;

            (c)    Competition or sparring exhibition: any person, club, corporation, association, or entity responsible for facilitating, producing, staging, arranging, or profiting from a competition or sparring exhibition registered by the commission that violates any provision of this chapter or rules promulgated pursuant to this chapter is liable for an administrative fine not to exceed two thousand five hundred dollars for each offense.

                An administrative fine not paid within sixty days from the date of the order imposing the fine may be enforced by an action in the appropriate county circuit court. Any person, club, corporation, association, or entity aggrieved by an order under this subdivision may make an appeal pursuant to chapter 1-26;

            (2)    Injunction: if the commission deems it necessary for the public safety or the safety of competitors or participants in a competition or sparring exhibition, the commission may bring an action in the name of the state in the circuit court in any county in which jurisdiction is proper to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule promulgated pursuant to this chapter. Upon showing that a person, club, corporation, association, or entity has engaged in an otherwise unauthorized act or practice, a permanent or temporary injunction, or restraining order, or other appropriate relief shall be obtained against the person, club, corporation, association, or entity to prohibit the continuation of the unauthorized act or practice;

            (3)    Cease and desist order: the commission may issue and have served upon a person, club, corporation, association, or entity an order requiring the person, club, corporation, association, or entity to cease and desist from any unauthorized practice or act which is in violation of this chapter or any rule promulgated pursuant to this chapter. The cease and desist order shall give reasonable notice of the rights to request a hearing pursuant to

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:

    Service of the cease and desist order is effective if the order is served on the person, club, corporation, association, entity, or counsel of record personally or by certified mail. Unless otherwise agreed by the commission and the party requesting the hearing, a hearing shall be held no later than ninety days after a request for a hearing is received by the commission.

    Section 20. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    If no hearing is requested within the thirty days of service of the cease and desist order, the order becomes final and remains in effect until the order is modified or vacated by the commission. If the party to whom a cease and desist order is issued requests a hearing, but after being duly notified fails to appear at the hearing, the party is in default and the proceeding may be determined against the party upon consideration of the cease and desist order, the allegations of which may be considered to be true. Action taken pursuant to this section does not relieve a party from criminal prosecution by a competent authority or from disciplinary action by the commission with respect to the party's application, registration, license, or renewal.

    Section 21. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The commission or hearing examiner shall issue a report within thirty days of the close of the contested case hearing record. Within thirty days after the report and any exceptions to the report, the commission shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.

    Section 22. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The commission may impose a fee to reimburse the commission for all or part of the cost of proceedings resulting in disciplinary action authorized by this chapter or rules promulgated pursuant to this chapter, the imposition of civil penalties or administrative fines, or the issuance of a cease and desist order. The fee may be imposed if the commission shows a person, club, corporation, association, or entity has committed an act or practice in violation of this chapter or rules promulgated pursuant to this chapter, or has violated an order of the commission. The costs include the amount paid by the commission for services from attorneys, investigators, court reporters, witnesses, expert witnesses, reproduction of records, commission members' per diem compensation, commission staff time, and expenses incurred by commission members and staff.

    Section 23. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    Any criminal action for violation of any provision of this chapter or of any rule promulgated pursuant to this chapter shall be prosecuted by the attorney general of the state, or, at the attorney general's request and under the attorney general's direction, by the state's attorney of any county in which the violation occurred.

    Section 24. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    In any civil action to enforce the provisions of this chapter, the Department of Labor and Regulation and the state may be represented by any qualified attorney who is a regular salaried

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:

            (1)    Govern the conduct of boxing, kickboxing, and mixed martial arts competitions, and sparring exhibitions through the use of the most recent uniform rules of boxing and the unified rules of mixed martial arts published by the association of boxing commissions;

            (2)    Establish license registration criteria and registration fees for all boxers, kickboxers, and mixed martial artists and all boxing, kickboxing, mixed martial arts competition promoters, managers, judges, timekeepers, cornerpersons, knockdown counters, matchmakers, and referees or other participants who participate in competitions and sparring exhibitions governed by the commission; and

            (3)    Establish license criteria and license fees for all promoters, managers, and matchmakers of boxing, kickboxing, or mixed martial arts competitions;

            (4)    Establish registration requirements for all boxing, kickboxing, or mixed martial arts competitions or sparring exhibitions held in the state;

            (5)    Establish the written records to be maintained for all competitions and sparring exhibitions conducted in the state;

            (6)    Establish a fee based on the percentage of gross revenues from any boxing, kickboxing, or mixed martial arts competition or sparring exhibition held in the state to cover the expenses of the South Dakota Athletic Commission. The fee established under this subdivision may not exceed five percent of the gross revenues of the exhibition from any and all sources including cable television and pay-per-view telecasts of the event, exclusive of any federal tax. However, in no event may the fee be less than one thousand dollars;

            (7)    Establish criteria for approved bona fide educational institutions or national amateur boxing, kickboxing, or mixed martial arts associations for purposes of being exempted from the provisions of this chapter;

            (8)    Establish procedures for disciplinary proceedings; and

            (9)    Establish procedures for receiving and conducting complaint investigations.

    Section 26. That chapter 42-12 be amended by adding thereto a NEW SECTION to read as follows:

    The commission has the following powers and duties:

            (1)    Through rules established pursuant to chapter 1-26, establish standards for the practice of boxing, kickboxing, and mixed martial arts;

            (2)    Issue licenses and registrations to persons, clubs, corporations, associations, or other entities that meet the qualifications for licensure or registration;

            (3)    Have available the names of persons, clubs, corporations, associations, or other entities registered or licensed pursuant to the provisions of this chapter;

            (4)    Have available the date, time, and location of any competition or sparring exhibition registered pursuant to the provisions of this chapter;

            (5)    Employ personnel in accordance with the needs and budget of the commission;

            (6)    Enter into contracts as necessary to carry out the commission's responsibilities pursuant to the provisions of this chapter;

            (7)    Communicate disciplinary actions and registration and license status of boxers, kickboxers, mixed martial artists, managers, promoters, and matchmakers to relevant state and federal governing bodies as may be required; and

            (8)    Perform other duties directly related to the provisions of this chapter or rules promulgated pursuant to chapter 1-26.

    Section 27. That § 42-12-13 be amended to read as follows:

    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:

    Terms used in this chapter mean:

            (1)    "Department," the Department of Labor and Regulation;

            (2)    "Commission," the South Dakota Athletic Commission;

            (3)    "Boxing," the sport or practice of fighting with fists in which participants wear boxing gloves;

            (4)    "Kickboxing," the sport of attack and defense in which participants wear boxing gloves and throw punches as in boxing and kick with bare feet as in karate;

            (5)    "Mixed martial arts," the sport of fighting in which participants inflict or employ kicks, punches, blows, holds, and other techniques to injure, stun, choke, incapacitate, or disable an opponent, using a combination of boxing, kickboxing, wrestling, grappling, or other martial arts;

            (6)    "Boxer," a participant in a boxing competition or sparring exhibition;

            (7)    "Kickboxer," a participant in a kickboxing competition or sparring exhibition;

            (8)    "Mixed martial artist," a participant in a mixed martial arts competition or sparring exhibition;

            (9)    "Promoter," any person, club, corporation, association, or entity, who produces, arranges, or stages any competition or sparring exhibition;

            (10)    "Manager," any person who acts on behalf of a boxer, kickboxer, or mixed martial artist to facilitate the production, arrangement, or staging of any competition or sparring exhibition;

            (11)    "Matchmaker," any person, club, corporation, association, or entity that brings together a competition or sparring exhibition;

            (12)    "Competition," any match, fight, contest, or event in which the participants intend to and actually inflict punches, blows, kicks, or other techniques to temporarily incapacitate an opponent with the intent to win the competition, and in which the participants receive payment or remuneration, directly or indirectly, as consideration for the participant's performance; and

            (13)    "Sparring exhibition," any match, fight, contest, or event in which the participants intend to and actually inflict punches, blows, kicks, or other techniques to temporarily incapacitate an opponent with the intent to display skills without striving to win, and in which the participants receive payment or remuneration, directly or indirectly, as consideration for the participant's performance.

     Signed February 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\209.wpd

PROPERTY

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\210.wpd
CHAPTER 210

(SB 138)

Title-based escheatment revisions
of abandoned United States savings bonds.


        ENTITLED, An Act to revise certain provisions relating to title-based escheatment of abandoned United States savings bonds and the proceeds thereof.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 43-41B be amended by adding thereto a NEW SECTION to read as follows:

    (a) Notwithstanding the provisions of §§ 43-41B-3, 43-41B-14, 43-41B-18, 43-41B-19, 43-41B-20, 43-41B-21, 43-41B-23, and 43-41B-36, United States savings bonds which are unclaimed property and subject to the provisions of chapter 43-41B shall escheat to this state three years after becoming unclaimed property and subject to the provisions of chapter 43-41B and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers, and privileges of survivorship of any owner, co-owner, or beneficiary, shall vest solely in this state.

    (b) Within one hundred eighty days after the three year period in subsection (a), if no claim has been filed in accordance with the provisions of chapter 43-41B for such United States savings bonds, the administrator shall commence a civil action in the Sixth Judicial Circuit for a determination that such United States savings bonds shall escheat to this state. The administrator may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the administrator's custody to justify the expense of the proceedings.

    (c) The administrator shall make service by publication of the proceeding in Hughes County in

accordance with § 15-9-7. The notice shall name any defendant to be served and notify the defendant:

            (1)    The defendant has been sued in a named court;

            (2)    The defendant shall answer the petition or other pleading or otherwise defend, on or before a specified date, not less than forty-one days after the date the notice is first published; and

            (3)    If the defendant does not answer or otherwise defend, the petition or other pleading will be taken as true and judgment, the nature of which will be stated, will be rendered accordingly.

                In addition, before service by publication under this section can be made, the administrator or the administrator's attorney shall file an affidavit or a declaration stating all of the following facts that apply:

            (i)    The residences of all named defendants sought to be served, if known, and the names of all defendants whose residences are unknown after reasonable effort to ascertain them and the specific efforts made to ascertain their residences;

            (ii)    The affiant or declarant has made a reasonable but unsuccessful effort to ascertain the names and residences of any defendants sought to be served as unknown parties and the specific efforts made to ascertain the names and residences;

            (iii)    The party seeking service by publication is unable to obtain service of summons on the defendants in this state; and

            (iv)    The case is one in which the party with due diligence is unable to serve summons on the defendant in this state and:

            (A)    The case relates to or involves real or personal property in this state, if any defendant has or claims a lien or interest, vested or contingent, in the property; or

            (B)    In which the relief demanded consists wholly or partly in excluding the defendant from any interest in the property.

    (d) If no person files a claim or appears at the hearing to substantiate a claim, or where the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the administrator has substantially complied with the laws of this state, shall enter a judgment that the subject United States savings bonds have escheated to this state, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers, and privileges of survivorship of any owner, co-owner, or beneficiary, have vested solely to this state.

    (e) The administrator shall redeem such United States savings bonds escheated to the state and the proceeds from the redemption of United States savings bonds shall be deposited into an account in the state treasury in accordance with the provisions of § 43-41B-24.

    (f) Any person making a claim for the United States savings bonds escheated to the state under this section, or for the proceeds from such bonds, may file a claim in accordance with the provisions of chapter 43-41B. Upon providing sufficient proof of the validity of the person's claim, the administrator may pay the claim in accordance with the provisions of chapter 43-41B.

    Section 2. That § 43-41B-1 be amended to read as follows:



    43-41B-1. As used in this chapter, unless the context otherwise requires:

            (1)    "Administrator," the state treasurer;

            (2)    "Apparent owner," the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder;

            (3)    "Attorney general," the chief legal officer of this state;

            (4)    "Banking organization," any bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization;

            (5)    "Business association," a nonpublic corporation, joint stock company, investment company, business trust, partnership, cooperative, or association for business purposes of two or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility;

            (6)    "Domicile," the state of incorporation of a corporation or the state of the principal place of business of an unincorporated person;

            (7)    "Financial organization," a savings and loan association, cooperative bank, building and loan association, or credit union;

            (8)    "Holder," a person, wherever organized or domiciled, who is:

            (i)    In possession of property belonging to another;

            (ii)    A trustee; or

            (iii)    Indebted to another on an obligation;

            (9)    "Insurance company," an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life (including endowments and annuities), malpractice, marine, mortgage, surety, and wage protection insurance;

            (10)    "Intangible property," includes, but is not limited to:

            (i)    Moneys, checks, drafts, deposits, interest, dividends, unpaid mineral proceeds, royalties, vendor checks, income, unpaid commissions, unpaid overcharges, and unpaid accounts payable;

            (ii)    Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances;

            (iii)    Stocks and other intangible ownership interests in business associations;

            (iv)    Moneys deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

            (v)    Amounts due and payable under the terms of insurance policies; and

            (vi)    Amounts distributable from a trust or custodial fund established under a plan to

provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and

            (vii)    United States savings bonds held or owing in this state by any person, or issued or owed in the course of a holder's business, or by a state or other government, governmental subdivision, agency, or instrumentality;

            (11)    "Last known address," a description of the last known location of the apparent owner sufficient for the purpose of the delivery of mail;

            (12)    "Owner," a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or any other person having a legal or equitable interest in property subject to this chapter or his legal representative;

            (13)    "Person," an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity;

            (14)    "Property," includes, but is not limited to, money, rights to claim refunds or rebates, postal savings deposits, bonds, United States savings bonds, notes, certificates, policies of insurance, other instruments of value, choses-in-action, obligations whether written or unwritten and anything of value of any nature whatsoever;

            (15)    "State," any state, district, commonwealth, territory, insular possession, or any other area subject to the legislative authority of the United States;

            (16)    "Utility," a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.

     Signed February 25, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\210.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\211.wpd
CHAPTER 211

(HB 1127)

An exemption for alimony payments in debtor filings.


        ENTITLED, An Act to provide an exemption for alimony payments in debtor filings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    All family pictures;

            (2)    A pew or other sitting in any house of worship;

            (3)    A lot or lots in any burial ground;

            (4)    The family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars;

            (5)    All wearing apparel and clothing of the debtor and his family;

            (6)    The provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year;

            (7)    All property in this state of the judgment debtor if the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;

            (8)    Any health aids professionally prescribed to the debtor or to a dependant of the debtor;

            (9)    Any court ordered domestic support award of alimony, maintenance, or support of the debtor which is not a gross or lump sum and does not exceed seven hundred fifty dollars per month.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\211.wpd

LIENS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\212.wpd
CHAPTER 212

(HB 1073)

Process to remove materialmen's lien.


        ENTITLED, An Act to provide for the cancellation of expired mechanic's and materialman's liens.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    If no action or suit has been commenced to enforce the lien during the six-year period, the owner of the property, the owner's agent, or contractor may file an affidavit with the register of deeds stating that the lien holder has not commenced suit to enforce the lien within the six-year period and requesting that the lien be cancelled. The register of deeds shall cancel the lien of record within thirty days of the filing of the affidavit.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\212.wpd


MINING, OIL AND GAS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\213.wpd
CHAPTER 213

(SB 161)

Damages for failure to provide notice by mineral developers.


        ENTITLED, An Act to revise certain provisions relating to notice provided by mineral developers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\213.wpd

WATER RIGHTS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\214.wpd
CHAPTER 214

(HB 1015)

Water rights application process modified
to create an equitable process.


        ENTITLED, An Act to create an equitable process to handle water right applications submitted for aquifers determined to be fully appropriated by the Water Management Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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 2. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as follows:

    If the board determines a ground water source to be fully appropriated pursuant to § 46-6-3.1, the chief engineer shall publish a notice within thirty days of the board's final decision at least once in at least one official newspaper in each county where the ground water source is located. For any ground water source determined to be fully appropriated by the board prior to July 1, 2014, notice shall also be published as provided by this section. If the official newspaper is a weekly newspaper, the notice shall also be published at least once in a daily newspaper serving the general area where the ground water source is located and posted on the department's website until the thirty day application period is completed. The public notice shall describe the decision of the board and provide notice of a thirty day application period during which the chief engineer shall accept and hold for future consideration applications to appropriate water from the ground water source specified in the public notice.

    Section 3. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as follows:

    The date of receipt affixed to any application submitted pursuant to section 2 of this Act shall be the date of the thirtieth day of the thirty day application period. An incomplete application will be returned to the applicant with notification of the deficiencies. The applicant has thirty days from the date the application is returned to complete and resubmit the application to retain the common priority date assigned to all of the applications. Any application received after the date of the board's decision and prior to the commencement of the thirty day application period shall assume the same priority date assigned to applications submitted during the thirty day application period. The chief engineer shall also accept and hold any application submitted after the thirty day application period but such an application shall take a priority date as of the date of receipt of the application. No more than one irrigation permit application may be accepted for the same acreage.

    Section 4. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as follows:

    Any application submitted prior to the board's decision that an aquifer is fully appropriated pursuant to § 46-6-3.1 or prior to July 1, 2014, is not eligible to be included in the process established by this Act and shall be considered by the board for final action. The board may approve, deny, or defer those applications for further study.

    Section 5. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as follows:

    From the list of complete applications submitted pursuant to section 2 of this Act and assigned a common priority date, the board shall create a priority list using a random selection process to be determined by the board. The priority list determines the order of eligibility for any unappropriated water the board may determine is available at a future date. Establishing the priority of each application by the board shall be scheduled no later than the second regularly scheduled board meeting following expiration of the thirty day application period.

    Section 6. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as follows:

    For any ground water source determined to be fully appropriated pursuant to § 46-6-3.1, the board shall hold a public hearing to review the ground water source, all permits appropriating water from that source, and all held applications at least once every five years to determine whether unappropriated water is available. The chief engineer shall publish notice of the hearing at least once in at least one official newspaper in each county where the ground water source is located. If the official newspaper is a weekly newspaper, the notice shall also be published at least once in a daily

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:

    If the board determines that unappropriated water has become available from a fully appropriated ground water source during the five-year review under section 6 of this Act, the board shall make the unappropriated water available to the applications being held by the chief engineer based on the priority established in sections 3 and 5 of this Act. The chief engineer shall process held applications in accordance with the notice provisions pursuant to chapter 46-2A until such time the board determines the ground water source to again be fully appropriated in accordance with § 46-6-3.1. Any remaining applications shall continue to be held by the chief engineer for future five-year reviews by the board. If there is remaining unappropriated water available after processing all held applications, the remaining unappropriated water is subject to general appropriation as provided by law.

    Section 8. That chapter 46-2A be amended by adding thereto a NEW SECTION to read as follows:

    No water permit application approved by the board pursuant to section 7 of this Act may be transferred until the water has been placed to beneficial use as specified in the permit. For a permit to irrigate, no transfer of water or acreage may be approved for an amount of water or acres greater than the amount developed at the original site.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\214.wpd

WATER MANAGEMENT

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\215.wpd
CHAPTER 215

(SB 87)

Appropriations from the water and environment fund
and other funds.


        ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\215.wpd

PARTNERSHIPS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\216.wpd
CHAPTER 216

(HB 1152)

Registration updated of limited partnerships.


        ENTITLED, An Act to revise certain provisions concerning registration of limited partnerships.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Shall contain without abbreviation the words "limited partnership" or the initials "L.P." or "LP";

            (2)    May not contain the name of a limited partner unless:

            (a)    It is also the name of a general partner or the corporate name of a corporate general partner; or

            (b)    The business of the limited partnership had been carried on under that name before the admission of that limited partner;

            (3)    Must be distinguishable upon the records of the secretary of state from, the name of any corporation, whether for profit or not for profit, or limited partnership organized under the laws of South Dakota or licensed or registered as a foreign corporation, whether for profit or not for profit, or limited partnership in this state; and

            (4)    May not contain any word or phrase indicating or implying that it is organized other than for a purpose stated in its certificate of limited partnership.

    Section 2. That § 48-7-904 be amended to read as follows:

    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.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\216.wpd

PUBLIC UTILITIES AND CARRIERS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\217.wpd
CHAPTER 217

(HB 1194)

Establish requirements for facilities crossing railroad rights-of-way.


        ENTITLED, An Act to establish certain requirements relating to the crossings of railroad rights-of-way by utilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any crossing in existence before the effective date of this Act if an agreement concerning the crossing has expired or is terminated. In such instance, if the collective amount of seven hundred fifty dollars has been paid to the railroad during the existence of the crossing, no additional fee is required; and

            (2)    Any crossing commenced on or after the effective date of this Act.

    Section 9.  Terms used in this Act mean:

            (1)    "Railroad," any association or corporation, or other entity, engaged in operating a common carrier by rail or any other entity responsible for the management of crossings or collection of fees for the railroad;

            (2)    "Rural water system," an entity engaged in the treatment, distribution, and sale of water to rural consumers that was created by chapters 34A-5, 46A-3A, or 46A-9 or any nonprofit corporation engaged in such activity;

            (3)    "Utility," electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company,

telecommunications company, and rural water system;

            (4)    "Crossing," the construction, operation, repair, or maintenance of a facility, over, under, or across a railroad right-of-way by a utility. The term does not include longitudinal occupancy of railroad right-of-way;

            (5)    "Facility," any item of personal property placed over, across, or underground for use in connection with the storage or conveyance of water; sewage; electronic, telephone, or telegraphic communications; fiber optics; cablevision; electric energy; oil; gas; hazardous liquids; or other substances including pipes, sewers, conduits, cables, valves, lines, wires, manholes, or attachments.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\217.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\218.wpd
CHAPTER 218

(SB 36)

South Dakota Railroad Authority functions
transferred to railroad board.


        ENTITLED, An Act to transfer the functions of the South Dakota Railroad Authority to the South Dakota Railroad Board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The terms of members begin on October thirty-first of the calendar year. The appointee's term expires on October thirtieth in the third year of appointment.

    Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the

year the term is to expire.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\218.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\219.wpd
CHAPTER 219

(HB 1016)

Department of Public Safety laws revised.


        ENTITLED, An Act to repeal certain outdated or unnecessary statutes and administrative rules pertaining to the Department of Public Safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed February 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\219.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\220.wpd
CHAPTER 220

(SB 12)

Federal motor carrier regulations updated.


        ENTITLED, An Act to update references to certain federal motor carrier regulations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    All references to interstate operations shall also include intrastate operations except that drivers and motor carriers operating intrastate vehicles and combinations of vehicles with three axles or less or with a gross vehicle weight rating of not more than twenty-six thousand pounds which are not used to transport hazardous materials requiring placarding under part 177, or designed to transport more than fifteen passengers, including the driver, are not subject to parts 390-397;

            (2)    For the purposes of part 391.11(b)(1), a driver shall be at least twenty-one years old if engaged in interstate commerce, or transporting hazardous material of a type or quantity requiring placarding under part 177, or operating a vehicle designed to transport more than fifteen passengers, including the driver. All other drivers shall be at least sixteen years of age;

            (3)    Unless required by an employer to be medically certified under Title 49 of the Code of Federal Regulations, intrastate drivers are exempt from the physical requirements of part 391.41.

    Any violation of part 387 and parts 390 to 396, inclusive, the motor carrier safety requirements governing the qualifications of drivers, driving of motor vehicles, parts and accessories necessary for safe operation, notification and reporting of accidents, assistance with investigations and special studies, hours of service of drivers, inspection, repair, and maintenance is a Class 2 misdemeanor. Any violation of the hazardous materials regulations pertaining to registration of cargo tank motor vehicles, registration of persons who offer or transport hazardous materials, general information, regulations and definitions, hazardous materials tables, hazardous materials communication regulations, and test and inspection marking requirements found in parts 107 (subparts F and G only), 171, 172, and 178 to 180, inclusive, is a Class 2 misdemeanor. Any violation of the hazardous materials regulations pertaining to packaging, prohibited shipments, loading and unloading, segregation and separation, retesting and inspection of cargo tanks, and other carriage by regulations found in parts 173 to 180, inclusive, or violation of the driving and parking rules in part 397, is a Class 1 misdemeanor.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\220.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\221.wpd
CHAPTER 221

(HB 1166)

Telecommunications services program revised.


        ENTITLED, An Act to revise the telecommunications services program to include current and developing technology.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    The Department of Human Services may promulgate rules, pursuant to chapter 1-26, for the administration of the telecommunications and communication services program. The rules may include:

            (1)    Eligibility determination, criteria, and application procedures;

            (2)    The amount and scope of services; and

            (3)    Methods of administration.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\221.wpd



AVIATION

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\222.wpd
CHAPTER 222

(HB 1043)

Aeronautics regulation improved.


        ENTITLED, An Act to revise and repeal certain provisions regarding the regulation of aeronautics.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 50-1-1 be amended to read as follows:

    50-1-1. Terms as used in this title mean:

            (1)    "Aeronautics," the act or practice of the art and science of transportation by aircraft, and operation, construction, repair, or maintenance of aircraft, airports, landing fields, landing strips, or air navigation facilities, or air instruction;

            (2)    "Aircraft," any powered contrivance used or designed for navigation of, or flight in, the air;

            (3)    "Air instruction," the imparting of aeronautical information in any air school, flying club, or by any aviation instructor;

            (4)    "Airport," any area, either of land or water, which is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon;

            (5)    "Air school," any person engaged in giving instruction, or offering to give instruction in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, and advertising, representing, or holding itself out as giving, or offering to give, such instruction;

            (6)    "Aviation instructor," any individual engaged in giving instruction, or offering to give instruction, in aeronautics, either in flying or ground subjects, or both, for or without hire or reward, without advertising such occupation, without calling the facilities an air school or anything equivalent, or without employing or using other instructors;

            (7)(4)    "Civil aircraft," any aircraft other than a public aircraft;

            (8)(5)    "Commission," the South Dakota Aeronautics Commission;

            (9)(6)    "Department," the Department of Transportation;

            (10)    "Flying club," any person other than an individual who, neither for profit nor reward, owns, leases, or uses one or more aircraft for the purpose of instruction, pleasure, or both;

            (11)    "Landing field," any area, either of land or water, which is used or which is made available for the landing and take-off of aircraft, which may or may not provide facilities for the shelter, supply, and repair of aircraft, and which meets the minimum requirements as to size, design, surface marking, equipment, and management as may from time to time be provided by the commission;

            (12)    "Landing strip," any area, either of land or water, which is available for the landing and take-off of aircraft, having not less than two hundred feet of usable width and not less than one thousand feet of usable length, the use of which shall, except in case of emergency, be only as provided from time to time by the regulations of the commission;

            (7)    "Prescribed adjusted height," a height adjusted upward seventeen feet for an interstate highway, fifteen feet for any other public road, ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, and twenty-three feet for a railroad;

            (13)(8)    "Private airport," any airport, landing field, or landing strip that is open to and available for use only by the owner and the owner's invitees;

            (14)(9)    "Public aircraft," any aircraft used exclusively in the governmental service, including military and naval aircraft, or of any state or territory thereof;

            (15)(10)    "Public airport," any airport, landing field, or landing strip, whether publicly or privately owned, that is open to and available for use by the flying public.

    Section 2. That § 50-2-1.1 be amended to read as follows:

    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.

    The commission shall provide advice and expertise to state agencies regarding the purchase, transfer and disposition of state owned and operated aircraft including those owned or operated by any state institution.

    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:

            (1)    The design, layout, location, construction, operation, equipping, and use of all public airports, landing fields, or landing strips;

            (2)    The curriculum, equipment, personnel qualifications, operation, and management of all air instruction;

            (3)    The establishment, location, maintenance, and operation of all air markings, air beacons and other navigation facilities; and

            (4)    Common carriers of persons and property in scheduled operations by aircraft in purely intrastate commerce, including definitions, exemptions, certificates and permits, and application therefor, issuance thereof, modification, suspension, or revocation of permits, tariffs, rates, and service, penalties; and

            (5)(3)    The operation of aerial applicators or operators including minimum standards, class definitions, and safety requirements.

    Section 4. That § 50-2-4 be amended to read as follows:

    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 17. That § 50-2-29 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:


    50-4-8. All moneys accepted for disbursement by the commission department pursuant to §§ 50-4-3 to 50-4-7, inclusive, shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the money is received, kept in separate funds, designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes. All such moneys are hereby appropriated for the purposes for which the same were made available, to be expended in accordance with said those sections. The commission department may, whether acting for this state or as the agent of any of its counties or municipalities, or when if requested by the United States government or any agency or department thereof, disburse such the moneys for the designated purposes, but this does not preclude any other authorized method of disbursement.

    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:

            (1)    The construction, development, lighting, marking, and maintenance of publicly owned airports, landing fields, and landing strips;

            (2)    The lighting, marking, and maintenance of runways, landing strips, taxiways and parking areas of privately owned and operated airports, landing fields and landing strips licensed by the commission, in proportion to the amount of the aircraft fuel tax paid on the aircraft fuel purchased for resale for use in aircraft at each privately owned and operated airport, landing field or landing strip, as nearly as practicable, as to each of which it shall appear airport it appears to the satisfaction of the commission that such the airport, landing field or landing strip is operated and maintained in accordance with the laws of this state and, the rules of the commission, and the standard established therefor for the airport by any agency of the United States, and the unrestricted use of the airport, landing field or landing strip is at all times available to the general public for the taking off and landing of aircraft without cost or charge;

            (3)    The matching of any funds made available by the United States, this state, or any of the political subdivisions of this state for the purchase of sites for airports, landing fields, and landing strips, and for the construction, lighting, and marking of such airports, landing fields, and landing strips, in such amounts as the commission may determine; and

            (4)    The paying of salaries, office expenses, traveling, and other expenses of the commission and the commission's department staff to carry out the responsibilities defined in chapter 50-2.

    Section 28. That § 50-4-16 be amended to read as follows:

    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.



    Section 30. That § 50-5-1.1 be amended to read as follows:

    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:

            (1)    "Air navigation facility," any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in the aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices, used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, or any combination of any or all of such facilities;

            (2)    "Airport," any area of land or water which is used, or intended for use, for the landing and taking off of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights of way, including approaches and clear zones, together with all airport buildings and facilities located thereon;

            (3)    "Airport authority" or "authority," any regional airport authority created pursuant to the provisions of this chapter;

            (4)(3)    "Airport hazard," any structure, object of natural growth, or use of land which obstructs

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;

            (5)(4)    "Bonds," any bonds, notes, interim certificates, debentures, or similar obligations issued by an authority pursuant to this chapter;

            (6)(5)    "Governing body," shall mean the official or officials authorized by law to exercise ordinance or other lawmaking powers of a political subdivision;

            (7)(6)    "Person," a person as defined by subdivision 2-14-2(18) as well as any joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof;

            (8)(7)    "Political subdivision" or "subdivision," any county, municipality, or other public body of this state;

            (9)(8)    "Project," any airport operated by an authority, including all real and personal property, structures, machinery, equipment and appurtenances or facilities which that are part of such the airport or used or useful in connection therewith either as ground facilities for the convenience of handling aviation equipment, passengers and freight or as part of aviation operation, air navigation and air safety operation; and

            (10)(9)    "Real property," lands, structures and interests in land, including lands under water and riparian rights, and any and all things and rights usually included within the term real property, including not only fee simple absolute but also any and all lesser interests, such as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments and every estate, interest or right, legal or equitable, pertaining to real property.

    Section 38. That § 50-6A-2 be amended to read as follows:

    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.

    An authority may shall enter into an agreement with the department prescribing the terms and conditions of the agency in accordance with any terms and conditions as are prescribed by the United

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.

    All moneys received by the department pursuant to this section shall be deposited in the state treasury, and unless otherwise prescribed by the agency from which the moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and shall be held by the state in trust for such purposes.

    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.


    Section 46. That § 50-7-4 be amended to read as follows:

    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.



    Section 56. That § 50-7-17 be amended to read as follows:

    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.

    Any agreements made between any of the parties or with the commission in accordance with the provisions of this section, and relating to airport planning, and made prior to July 1, 1972, are hereby validated.

    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:

            (1)    To agreements which obligate the commission department, acting for and on behalf of the State of South Dakota, to refund to the United States of America as represented by the administrator of the federal aviation administration, a sum equal to the full amount of federal funds contributed for the purchase of land or construction of airport improvements thereon; or, at

            (2)    At the option of the administrator, to provide and construct at state expense and without further contributions by the federal government, an airport facility equivalent to that developed with the aid of federal funds and located as near as practicable to the site of the existing facilities on land with good title satisfactory to the administrator of the federal aviation administration as prescribed by the provisions of section 9 of the Federal Airport Act (Public Law 377, 79th Congress, 2nd session as amended to January 1, 2014);

            (2)    To airports which prior to January 1, 1953, have been approved for construction by both the commission and the Civil Aeronautics Administration.

    Section 59. That § 50-9-1 be amended to read as follows:

    50-9-1. Any public utility, power district, or other governmental subdivision, or any person, association, corporation, limited liability company, or partnership, before engaging in the construction or alteration which extends the height, in the state, of any overhead line, cable, pipeline, outdoor theater, derricks, towers, or other structures within two miles from the nearest boundary of any airport which has been approved by the commission for public use by aircraft, the height of which is over ten feet above the elevation of an airport, for each five hundred feet of distance from the nearest boundary of the airport, before the alteration or construction of any such item or structure, shall file an application with and obtain the approval of the commission, for permission to enter upon and complete such construction or alteration. However, no application is needed if the construction or alteration is within the corporate limits of a municipality and is adjacent to other structures of a permanent character which are an equal or greater height than the construction or alteration proposed. Any person or organization who intends to construct or alter a structure shall submit an application and obtain an approval permit from the commission for any construction or alteration that:

            (1)    Exceeds two hundred feet above ground level;

            (2)    Is within twenty thousand feet of a state approved public airport or military airport that has at least one runway more than three thousand two hundred feet in actual length and the construction or alteration exceeds a one hundred to one surface ratio from any point on the runway;

            (3)    Is within ten thousand feet of a state approved public airport or military airport that has its longest runway no more than three thousand two hundred feet in actual length and the construction or alteration exceeds a fifty to one surface ratio from any point on the runway;

            (4)    Is within five thousand feet of a state approved public heliport and the construction or alteration exceeds a twenty-five to one surface ratio; or

            (5)    Is a highway, railroad, or other traverse way that the prescribed adjusted height exceeds the standards provided in this section.

No application is needed if the construction or alteration of a structure would be shielded by an existing structure of a permanent and substantial character within the corporate limits of a municipality or by natural terrain or topographic features of equal or greater height. It must be evident beyond any reasonable doubt that the construction or alteration of the structure so shielded does not adversely affect safety in air navigation. For the purposes of this section, the term, structure, means any object constructed by human action.

    Any person or organization, who intends to construct or alter a structure that exceeds two hundred feet above ground level and that is outside the zones described in this section and who has obtained a Federal Aviation Administration determination of no hazard, may provide that determination to the commission prior to the start of construction in lieu of the application and permit required by this chapter.

    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.



    Section 61. That § 50-9-3 be amended to read as follows:

    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:

            (1)    "Airport," any military airport or any area of land or water designed for the landing and taking-off of aircraft and utilized or to be utilized by the public as a point of arrival or departure by air;

            (2)    "Airport hazard," any structure, or tree, or use of land, which obstructs the an aerial approaches approach of such an airport or is otherwise hazardous to its use for landing or taking off;

            (3)    "Commission," the South Dakota Aeronautics Commission;

            (4)(2)    "Person," any individual, firm, copartnership, corporation, company, limited liability company, association, joint stock association or body politic, including any trustee, receiver, assignee, or other similar representative;

            (5)(3)    "Publicly owned," an airport is publicly owned if the portion of the airport used for the landing and taking-off of aircraft is owned by a governmental body, political subdivision, public agency, or other public corporation;

            (6)(4)    "Structure," any object constructed or installed by human action, including buildings, towers, smokestacks, and overhead transmission lines, but not including any building, or any part of any building, used or useful in serving the public;

            (7)(5)    "Tree," any object of natural growth.

    Section 68. That § 50-10-2 be amended to read as follows:

    50-10-2. It is hereby found and declared that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly it It is hereby declared:

            (1)    That the creation or establishment of an airport hazard is a public nuisance and an injury to the community or the United States served by the airport in question; and

            (2)    That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented;

            (3)    That this should be accomplished, to the extent legally possible, by exercise of the police powers, without compensation.

    Section 69. That § 50-10-3 be repealed.

    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:

    If the local zoning authority does not require compliance with the requirements for proper zoning at an airport pursuant to § 50-10-6, the commission may withhold future funding.

    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:



    50-10-11. Any person desiring to erect any structure, to increase the height of any structure, to permit the growth of any tree, or to otherwise use the person's property, in violation of airport zoning regulations adopted under this chapter, may apply to the board of appeals, as provided in § 50-10-15, for a variance from the zoning regulations in question. A variance shall may be allowed if a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of the regulations.

    Section 76. That § 50-10-28 be amended to read as follows:

    50-10-28. In any case in which:

            (1)    It is desired to remove, lower, or otherwise terminate a nonconforming use;

            (2)    The approach protection necessary according to the commission's airport approach layout plan cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or

            (3)    It appears advisable that the necessary approach protection be provided by acquisition of property rights;

the political subdivision within which the property or nonconforming use is located, the political subdivision owning the airport or served by it, or the commission, shall acquire by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire real property for public purposes, such an air right, easement, or other estate or interest in the property or nonconforming use in question as may be necessary to effectuate the purposes of this chapter.

    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.


    Section 84. That § 50-11-8 be amended to read as follows:

    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.

    Upon receipt of the registration fee, the department shall pay it to the state treasurer to be credited to the aeronautics fund.

    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:

            (1)    For an aircraft purchase, sale, or transfer, the total consideration for the aircraft whether received in money or otherwise less the value of any aircraft taken by the seller as trade, if the aircraft traded was registered in South Dakota. The purchaser of the aircraft shall submit to the Department of Transportation, office of aeronautics, department an application for original registration, approved and supplied by the director department. If no proof of purchase price is provided, the purchase price shall be considered to be the current fair market value of the aircraft at the time of registration is due as stated in the aircraft bluebook and price digest less the value of any South Dakota registered aircraft taken by the seller in trade;

            (2)    For an aircraft acquired by gift, bequest, purchase, or transfer for a nominal consideration, the price for the aircraft shall be considered to be the current fair market value of the aircraft at the time registration is due as stated in the aircraft bluebook and price digest;

            (3)    For an aircraft manufactured by any person other than a bona fide manufacturer, commonly referred to as ", homebuilt," the amount expended for materials, labor, and other properly allocable costs of manufacture or in the absence of actual expenditures for the manufacture of a part or all of the aircraft, the reasonable value of the completed aircraft based on trade publications current fair market value; and

            (4)    For a rebuilt aircraft, upon its initial registration, the total consideration for the salvage aircraft, the amount expended for materials, labor and other properly allocable costs to repair the aircraft to an airworthy condition, whether received in money or otherwise. In the absence of actual expenditures for the reconstruction of the aircraft, the market value of the aircraft at the time registration is due as stated in the aircraft bluebook and price digest based on current fair market value.

    Section 89. That § 50-11-20 be amended to read as follows:

    50-11-20. The provisions of § 50-11-19 apply to all aircraft not previously registered in this state, except:

            (1)    Aircraft, owned by a person coming into this state from another state for the purpose of making the person's home within this state, and registered in the other state, are exempt from the additional original registration tax of this state to the extent of a similar additional original registration tax previously paid in the other state upon the purchase price of the aircraft. However, this exception applies only to the extent that under the law of the state of the person's residence like exemptions and privileges are granted to aircraft duly registered under the laws and owned by the residents of this state;

            (2)    Aircraft owned purchased by a resident of this state upon which the purchase price of which the original registration tax of this state has previously been paid;

            (3)    Aircraft duly registered and certificated under chapter 50-12; or

            (4)    Aircraft owned by youth correctional institutions if purchased by authorized officials, payment made from the institution funds, and title to the property retained in the name of the institution;

            (5)    Aircraft owned or leased by a person coming into this state for the purposes of seasonally operating the person's aircraft licensed and operating pursuant to § 38-21-20 or applying commercial fertilizer, and if the aircraft has been duly registered or licensed in such other state, are exempt from the additional registration tax. However, this exception applies only to the extent that under the law of the state of such person's residence like exemptions and privileges are granted to aircraft duly registered under laws and owned by the residents of this state.

    The department may exempt the persons excepted by this section from the payment of the additional original registration tax upon such person filing with the department an affidavit upon a form prescribed by the commission.

    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:



    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 department 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 makes a false statement of a material fact in the certificate of registration is guilty of a Class 5 felony.

    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.

    The endorsed certificate of registration is void thirty days after the date of the sale or transfer of such aircraft.

    The department shall file the application and upon determining that the applicant has paid the fee and is entitled thereto, shall transfer the registration to the applicant's name and issue the applicant a new certificate of registration. The fee for the transfer of registration is five dollars.

    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:

            (1)    "Aircraft dealer," any person, manufacturer, or distributor engaged in the business of buying, selling, exchanging, or acting as a broker of three or more aircraft in any twelve consecutive months except for a business liquidation of used aircraft;

            (2)    "Commercial purpose," the use in aviation activities such as flight instruction, charter, air taxi, and rental use but does not authorize substitution of the commercial use stamp in lieu of regular aircraft registration for the promotion of nonaviation business or other purposes;

            (3)    "Place of business," a permanent enclosed building or structure either owned in fee or leased, at which a permanent business of bartering, trading, and selling of aircraft will be carried on as such in good faith and not for the purpose of evading this chapter or chapter 50-11. The business name and telephone listing shall indicate it is an aircraft or aviation related place of business. It does not mean residents The term does not include residences, tents, temporary stands, or other temporary quarters. The building or structure shall be

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:

            (1)    The name under which the new or used aircraft dealer's business shall be conducted and the address of the dealer is established as the place of business and physical address of the aircraft dealer;

            (2)    The resident physical address of each owner, director, or principal officer of such aircraft dealer. If the applicant is a foreign corporation, the application shall designate the state wherein such corporation was incorporated of incorporation, and shall set forth the post office address of the registered office and registered agent of such corporation in South Dakota. In addition, evidence Evidence shall be furnished showing that the foreign corporation has been granted authority to do business in South Dakota by the secretary of state. If the applicant is a foreign person or partnership, the application shall set forth the permanent business address in such the foreign state; and

            (3)    A statement of whether the applicant will deal in new aircraft, used aircraft, or both. If the applicant is to sell or offer for sale new aircraft, the applicant shall list the make or makes of aircraft so to be sold, and the name of the manufacturer or distributor with whom the applicant is franchised;

            (4)    Whether the applicant has previously been an aircraft dealer in South Dakota, and if so, the number of aircraft the applicant has sold within a period of twenty-four months preceding the date of the application.

    Section 97. That § 50-12-3 be amended to read as follows:

    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:

            (1)    Forged or altered any federal certificate, permit, rating, or license, relating to ownership or airworthiness of an aircraft;

            (2)    Sold or disposed of an aircraft which the dealer knows or has reason to know has been stolen or appropriated without the consent of the true owner;

            (3)    Willfully misrepresented any material fact in the application for an aircraft dealer's license;

            (4)    Willfully withheld or caused to be withheld from a purchaser any document required by the laws of this state, including an affidavit to the effect that there are no liens, mortgages, or encumbrances of any kind on the aircraft other than those noted thereon, if the document or affidavit has been requested by the purchaser;

            (5)    Used an aircraft dealer's certificate or a commercial use stamp for any purpose other than those permitted by this chapter, or used any such certificate or commercial use stamp after it has expired;

            (6)    Failed to keep and make available for inspection by the secretary of transportation department a proper record as required by the commission of all aircraft bought and sold;

            (7)    Willfully refused to apply for or pay the fee for a renewal license after an issued dealer's license has expired;

            (8)    Failed to maintain an established place of business as required by this chapter;

            (9)    Maintained a branch office or subagency for the sale or soliciting of sales of aircraft without applying for and receiving a license for such branch office or subagency;

            (10)    Been refused a license, or had a license revoked by the licensing agencies for aircraft in this or any other state;

            (11)    Failed to register on or prior to certificate or commercial use stamp expiration date;

            (12)    Failed to renew license as required;

            (13)    Failed to notify the department upon sale of aircraft;

            (14)    Failed to promptly notify the department of an aircraft and place it on a certificate or use stamp or both; or

            (15)    Any other violation of this chapter or chapter 50-11 referenced in this chapter.

    Section 101. That § 50-12-17 be amended to read as follows:

    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.

    As used in this section, "owner" shall include the term, owner, includes a person having full title to aircraft and operating it through servants, and shall also include includes a bona fide lessee or bailee of such the aircraft, whether gratuitously or for hire; but "owner," as used in this section, shall. However, the term does not include a bona fide bailor or lessor of such the aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of such the aircraft, or other person having a security title only, nor shall the.

    The owner of such the aircraft be is not liable when if the pilot thereof of the aircraft is in possession thereof of the aircraft as a result of theft or felonious conversion.

    The person in whose name an aircraft is registered with the United States Department of Transportation or the Aeronautics Commission of this state Federal Aviation Administration or the department shall be prima facie the owner of such the aircraft within the meaning of this section.

    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:



    50-13-8. All crimes, torts, and other wrongs committed by or against an aeronaut a pilot or passenger while in flight over this state shall be are governed by the laws of this state; and the. Any question whether damage occasioned by or to an aircraft while in flight over this state constitutes a tort, crime, or other wrong by or against the owner of such the aircraft shall be determined by the laws of this state.

    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.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\222.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\223.wpd
CHAPTER 223

(HB 1178)

Revise provisions relating to false statements
on aircraft registration.


        ENTITLED, An Act to revise certain provisions relating to false statements pertaining to aircraft registration and associated penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The endorsed certificate of registration is void thirty days after the date of the sale or transfer of such aircraft.

    The department shall file the application and upon determining that the applicant has paid the fee and is entitled thereto, shall transfer the registration to the applicant's name and issue the applicant a new certificate of registration. The fee for the transfer of registration is five dollars.

    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.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\223.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\224.wpd
CHAPTER 224

(HB 1042)

Penalty changed for late payment
of the additional original registration tax on aircraft.


        ENTITLED, An Act to revise the penalty for late payment of the additional original registration tax on aircraft.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\224.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\225.wpd
CHAPTER 225

(SB 80)

Homebuilt aircraft tax credits.


        ENTITLED, An Act to provide a credit to homebuilt aircraft for sales and use taxes when paying the aircraft registration tax and to make a reimbursement to the aeronautics fund for the amount of the credit granted.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 50-11 be amended by adding thereto a NEW SECTION to read as follows:

    When determining the amount of the registration tax imposed by § 50-11-19 on homebuilt aircraft, a credit for South Dakota sales tax and South Dakota use tax that was paid by the applicant on any purchase of aircraft kits, engines, instruments, and other parts and components used in the construction of the homebuilt aircraft is permitted. The applicant shall provide proof of the South Dakota sales tax and the South Dakota use tax that was paid by the applicant and is eligible for credit by providing any invoice, receipt, or other document that shows the payment of South Dakota sales

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:

    The Department of Transportation shall inform the Department of Revenue of the amount of credit granted pursuant to section 1 of this Act on a quarterly basis. The Department of Revenue shall transfer to the Department of Transportation, for deposit into the aeronautics fund, the amount of credit granted pursuant to section 1 of this Act. Transfers to the aeronautics fund shall be made on a quarterly basis.

     Signed February 20, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\225.wpd

BANKS AND BANKING

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\226.wpd
CHAPTER 226

(HB 1047)

Trust and trust company provisions reformed.


        ENTITLED, An Act to revise various trust and trust company provisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Act as agent, custodian, or attorney-in-fact for any person, and, in such capacity, take and hold property on deposit for safekeeping and act as general or special agent or attorney-in-fact in the acquisition, management, sale, assignment, transfer, encumbrance, conveyance, or other disposition of property, in the collection or disbursement of income from or principal of property, and generally in any matter incidental to any of the foregoing;

            (2)    Act as registrar or transfer agent for any corporation, partnership, association, limited liability company, municipality, state, or public authority, and in such capacity, receive and disburse money, transfer, register, and countersign certificates of stock, bonds, or other evidences of indebtedness or securities, and perform any acts which may be incidental thereto;

            (3)    Act as trustee or fiduciary under any mortgage or bond issued by a person;

            (4)    Act as trustee or fiduciary under any trust established by a person;

            (5)    Act as fiduciary, assignee for the benefit of creditors, receiver, or trustee under or

pursuant to the order or direction of any court or public official of competent jurisdiction;

            (6)    Act as fiduciary, guardian, conservator, assignee, or receiver of the estate of any person and as executor of the last will and testament or administrator, fiduciary, or personal representative of the estate of any deceased person when appointed by a court or public official of competent jurisdiction;

            (7)    Establish and maintain common trust funds or collective investment funds pursuant to the provisions of §§ 55-6-2 to 55-6-7, inclusive chapter 55-6; or

            (8)    Act in any fiduciary capacity and perform any act as a fiduciary which a South Dakota bank with trust powers may perform in the exercise of those trust powers.

    Section 2. That § 51A-6A-64 be amended to read as follows:

    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:

            (1)    The consent, release, or ratifications of the beneficiary were induced by improper conduct of the trustee; or

            (2)    At the time of the consent, release, or ratification, the beneficiary did not have knowledge of the beneficiary's rights or of the material facts relating to the breach.

    Any such beneficiary may release the trustee from liability to such beneficiary for past violations of any of the provisions of this chapter. No consideration is required for the consent, release, or ratification to be valid.

    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:

            (1)    To determine whether any such contract is or remains a proper investment;

            (2)    To investigate the financial strength or changes in the financial strength of the life insurance company;

            (3)    To make a determination of whether to exercise any policy options available under any such contract;

            (4)    To make a determination of whether to diversify any such contract relative to one another or to other assets, if any, administered by the trustee; or

            (5)    To inquire about changes in the health or financial condition of the insured or insured's relative to any such contract; or

            (6)    To vote, or give proxies to vote, on corporate matters.

                A trustee of a revocable or an irrevocable trust, or of either a directed trust pursuant to chapter 55-1B or a delegated trust pursuant to § 55-5-16, is not liable to the beneficiaries of the trust or to any other party for any loss arising from the absence of those duties upon the trustee.

    (b) The trustee of a trust described under subsection (a) of this section which was established prior to the effective date of this section, shall notify the settlor in writing that, unless the settlor provides written notice to the contrary to the trustee within sixty days of the trustee's notice, the provisions of subsection (a) of this section shall apply to the trust. Subsection (a) of this section does not apply if, within sixty days of the trustee's notice, the settlor notifies the trustee that subsection (a) does not apply.

    Section 6. That § 21-22-1 be amended to read as follows:

    21-22-1. Terms used in this chapter mean:

            (1)    "Beneficiary," any person in any manner interested in the trust, including a creditor or claimant with any rights or claimed rights against the trust estate;

            (2)    "Court trust," any trust which is established or confirmed by the judgment, decree, or order of any court of record of this state or any foreign jurisdiction, or one which is established or confirmed by a personal representative's instrument of distribution or a personal representative's deed of distribution;

            (3)    "Fiduciary," a trustee, custodian, trust advisor, trust protector, or trust committee, as named in the governing instrument or order of court, regardless of whether such person is acting in a fiduciary or nonfiduciary capacity;

            (4)    "Other trust," any trust which is not a court trust;

            (4)(5)    "Supervision," the supervision of the circuit court over the administration of a trust as provided in this chapter;

            (5)(6)    "Trustee," the trustee or trustees of any trust which may be supervised under this chapter.

    Section 7. That § 21-22-3 be amended to read as follows:

    21-22-3. Within thirty days after entering upon his or her duties, any trustee under a court trust shall, if a resident of this state or if any of the trust estate has its situs in this state, file in the office of the clerk of the circuit court of the county specified in § 21-22-5 an inventory of all the trust estate, a copy of the any personal representative's instrument of distribution, a copy of any recorded personal representative's deed of distribution, a duly certified copy of any other court order or clerk's statement establishing or confirming the trust, a certified true and correct copy of the original governing instrument and all amendments and modifications made thereto, if any, on which the trust is based, a statement showing the names, residences and post office addresses of all persons, including conservators or other trustees interested in the trust, so far as known to the trustee, and the ages of such of them as are minors. Such inventory shall show a list and description of all the trust property, an estimate by the trustee of the value of each item, the encumbrances, if any, on each item, and all claims against the trust estate with the amount of each claim and the name and post office address of the claimant. Such inventory and such statement shall be duly verified by the trustee.

    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:

            (1)    Direct the trustee with respect to the retention, purchase, sale, or encumbrance of trust property exchange, tender, or other transaction affecting the ownership thereof or rights therein of trust investments. These powers include the pledge or encumbrance of trust property, lending of trust assets, either secured or unsecured, at terms defined by the investment trust advisor to any party including beneficiaries of the trust and the investment and reinvestment of principal and income of the trust;

            (2)    Vote proxies for securities held in trust;

            (3)    Select one or more investment advisers, managers, or counselors, including the trustee, and delegate to them any of its powers; and

            (4)    Direct the trustee with respect to any additional powers and discretions over investment and management of trust assets provided in the governing instrument;

            (5)    Direct the trustee as to the value of nonpublicly traded trust investments; and

            (6)    Direct the trustee as to any investment or management power referenced in chapter 55-1A.

    Section 18. That § 55-3-13 be amended to read as follows:

    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:

            (1)    "Investment" means any security as defined in § 2(a)(1) of the Securities Act of 1933, any contract of sale of a commodity for future delivery within the meaning of § 2(I) of the Commodity Exchange Act, or any other asset permitted for trustee accounts pursuant to the terms of this title or by the terms of the governing instrument, including by way of illustration and not limitation, individual portfolios of investment holdings, shares or interests in a private investment fund (including a private investment fund organized as a limited partnership, limited liability company, trust or other form, a statutory or common law business trust, or a real estate investment trust), joint venture or other general or limited partnership, or an open-end or closed-end management type investment

company or investment trust registered, unregistered, or exempt from registration under the Investment Company Act of 1940;

            (2)    "Affiliate" means any corporation or other entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with the trustee;

            (3)    "Affiliated investment" means an investment for which the trustee or an affiliate of the trustee acts as investment adviser, sponsor, administrator, distributor, placement agent, underwriter, broker, custodian, transfer agent, registrar or in any other capacity for which it receives or has received a fee or commission from such investment or an investment acquired or disposed of in a transaction for which the trustee or an affiliate of the trustee receives or has received a fee or commission;

            (4)    "Fee or commission" means compensation paid to a trustee or an affiliate thereof on account of its services to or on behalf of an investment, including by way of illustration and not limitation, advisory fees, management fees, brokerage fees, service fees, special performance fees, profit allocations, and expense reimbursements.

    (b) In the absence of an express prohibition in the trust instrument, a trustee may purchase, sell, hold or otherwise deal with an affiliate or an interest in an affiliated investment and, upon satisfaction of the conditions stated in subsection (c) of this section, such trustee may receive trustee compensation from such account at the same rate as the trustee would otherwise be entitled to be compensated.

    (c) A trustee seeking compensation pursuant to subsection (b) of this section shall disclose to all qualified beneficiaries, as defined in § 55-2-13, all fees, commissions, compensation or other benefits and profits paid or to be paid by the account, or received or to be received by an affiliate arising from such affiliated investment. The disclosure required under this subsection may be given either in a copy of the prospectus or any other disclosure document prepared for the affiliated investment under federal or state securities laws or in a written summary that includes all fees, commissions, compensation or other benefits and profits received or to be received by the trustee or any affiliate of the trustee and an explanation of the manner in which such fees, commissions, compensation or other benefits and profits are calculated (either as a percentage of the assets invested or by some other method). Such disclosure shall be made at least annually unless there has been no increase in the rate at which such fees or commissions are calculated since the most recent disclosure. Notwithstanding the foregoing provisions of this subsection, no such disclosure is required if the governing instrument or a court order expressly authorizes the trustee to invest the trust account in affiliated investments or otherwise deal with an affiliate or an interest in an affiliated investment.

    (d) A trustee that has complied with subsection (c) of this section (whether by making the applicable disclosure or by relying on the terms of a governing instrument or court order) shall have full authority to administer an affiliated investment (including the authority to vote proxies thereon) without regard to the affiliation between the trustee and the investment.

    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

            (2)    If the transferor is married at the time of the transfer, the provisions of §§ 55-16-9 to 55-

16-14, inclusive, and this chapter apply to:

            (a)    Any of the transferor's separate property transferred to the trust; and

            (b)    Any marital property transferred to the trust if the spouse or former spouse was provided with notice in the form set forth in subdivision (3) of this section, or executed a written consent to the transfer after being provided the information set forth in the notice.

            (3)    For purposes of the application of this section, a notice of transfer of property to a trust subject to this chapter:

            (a)    Shall also contain the following language, in capital letters, at or near the top of the notice:

                YOUR SPOUSE IS CREATING A PERMANENT TRUST INTO WHICH PROPERTY IS BEING TRANSFERRED.

                YOUR RIGHTS TO THIS PROPERTY MAY BE AFFECTED DURING YOUR MARRIAGE, UPON DIVORCE (INCLUDING THE PAYMENT OF CHILD SUPPORT OR ALIMONY OR A DIVISION OR DISTRIBUTION OF PROPERTY IN A DIVORCE), OR AT THE DEATH OF YOUR SPOUSE.

                YOU HAVE A VERY LIMITED PERIOD OF TIME TO OBJECT TO THE TRANSFER OF PROPERTY INTO THIS TRUST.

                YOU MAY, UPON REQUEST TO THE TRUSTEE AT THE ADDRESS BELOW, BE FURNISHED A COPY OF THE TRUST DOCUMENT.

                IF YOU HAVE ANY QUESTIONS, YOU SHOULD IMMEDIATELY SEEK INDEPENDENT LEGAL ADVICE.

                IF YOU FAIL TO OBJECT WITHIN THE REQUIRED TIME PERIOD, YOU WILL HAVE CONSENTED TO THE TRANSFER OF PROPERTY INTO THIS TRUST.

            (b)    Shall contain a description of the property being transferred to the trust and the name of the trust;

            (c)    May require that any person who is eligible to receive information pursuant to this section be bound by the duty of confidentiality that binds the trustee before receiving such information from the trustee; and

            (d)    Shall be provided by the transferor, the transferor's agent, the trustee, or other fiduciary of the trust.

            (4)    If a notice is provided under this section before the property is transferred, the period to commence an action under § 55-16-10 shall commence running on the date of the transfer. If a notice is provided after the date the property is transferred, the period to commence an action pursuant to § 55-16-10 commences running on the date the notice is provided. In no event may the period to commence an action to challenge a transfer under this section and § 55-16-10 exceed the period set forth in § 54-8A-9.

            (5)    The exception contained in subdivision (1) of this section does not apply to any claim for forced heirship or legitime.

            (6)    Subdivisions (2) to (4), inclusive, of this section apply to any transfer made after June 30, 2014.

    Section 21. That § 55-16-9 be amended to read as follows:

    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:

            (1)    Expressly incorporates the law of this state to govern the validity, construction, and administration of the trust;

            (2)    Is irrevocable, but a trust instrument may not be deemed revocable on account of its inclusion of one or more of the following:

            (a)    A transferor's power to veto a distribution from the trust;

            (b)    An inter vivos power of appointment, other than an inter vivos power to appoint to the transferor, the transferor's creditors, the transferor's estate, or the creditors of the transferor's estate, exercisable by will or other written instrument of the transferor effective only upon the transferor's death;

            (c)    A testamentary power of appointment;

            (d)    The transferor's potential or actual receipt of income, including rights to such income retained in the trust instrument;

            (e)    The transferor's potential or actual receipt of income or principal from a charitable remainder unitrust or charitable remainder annuity trust as such terms are defined in § 664 of the Internal Revenue Code of 1986, 26 U.S.C. § 664, as of January 1, 2009;

            (f)    The transferor's receipt each year of a percentage of the value as determined from time to time pursuant to the trust instrument, but not exceeding the amount that may be defined as income under § 643(b) of the Internal Revenue Code of 1986, 26 U.S.C. § 643(b), as of January 1, 2009;

            (g)    The transferor's potential or actual receipt or use of principal if the potential or actual receipt or use of principal would be the result of a qualified person, including a qualified person acting at the direction of a trust advisor described in this section, acting either in the qualified person's sole discretion or pursuant to an ascertainable standard contained in the trust instrument;

            (h)    The transferor's right to remove a trustee, protector, or trust advisor and to appoint a new trustee, protector, or trust advisor, other than a trustee who is a related or

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;

            (i)    The transferor's potential or actual use of real property held under a qualified personal residence trust within the meaning of such term as described in the regulations promulgated under § 2702(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 2702(c), as of January 1, 2009;

            (j)    A pour back provision that pours back to the transferor's will or revocable trust all or part of the trust assets;

            (k)    The transferor's potential or actual receipt of income or principal to pay, in whole or in part, income taxes due on income of the trust if the potential or actual receipt of income or principal is pursuant to a provision in the trust instrument that expressly provides for the payment of the taxes and if the potential or actual receipt of income or principal would be the result of a qualified person's acting in the qualified person's discretion or pursuant to a mandatory direction in the trust instrument or acting at the direction of an advisor described in § 55-16-4; or

            (l)    The ability, whether pursuant to discretion, direction, or the grantor's exercise of a testamentary power of appointment, of a qualified person to pay, after the death of the transferor, all or any part of the debts of the transferor outstanding at the time of the transferor's death, the expenses of administering the transferor's estate, or any estate or inheritance tax imposed on or with respect to the transferor's estate; and

            (3)    Provides that the interest of the transferor or other beneficiary in the trust property or the income from the trust property may not be transferred, assigned, pledged, or mortgaged, whether voluntarily or involuntarily, before the qualified person actually distributes the property or income from the property to the beneficiary, and such provision of the trust instrument shall be deemed to be a restriction on the transfer of the transferor's beneficial interest in the trust that is enforceable under applicable nonbankruptcy law within the meaning of § 541(c)(2) of the Bankruptcy Code, 11 U.S.C. § 541(c)(2), as of January 1, 2009.

    A disposition by a trustee that is not a qualified person to a trustee that is a qualified person may not be treated as other than a qualified disposition solely because the trust instrument fails to meet the requirements of subdivision (1) of this section.

     Signed February 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\226.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\227.wpd
CHAPTER 227

(HB 1131)

Credit card is not required to establish a revolving credit account.


        ENTITLED, An Act to clarify that a credit card is not required to establish a revolving credit account.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 51A-12-12 be amended to read as follows:



    51A-12-12. A bank may extend credit and collect a credit service charge through a revolving loan account arrangement with a debtor which permits the debtor to obtain loans from time to time by cash advances, by the purchase or satisfaction by the bank of obligations of the debtor incurred pursuant to a credit card transaction, or otherwise under a credit card, check-credit, overdraft checking or other similar credit plan. A revolving loan account arrangement between a bank located in the state of South Dakota and a debtor shall be governed by the laws of the state of South Dakota.

    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.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\227.wpd

FIDUCIARIES AND TRUSTS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\228.wpd
CHAPTER 228

(SB 183)

Trust fund requirements updated for perpetual cemeteries.


        ENTITLED, An Act to revise the trust fund requirements for perpetual cemeteries, and to declare an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    A minimum of twenty percent of the gross selling price with a minimum of twenty dollars for each adult burial space, whichever is the greater.

            (2)    A minimum of twenty percent of the gross selling price for each child's space with a minimum of five dollars for each space up to forty-two inches in length or ten dollars for each space up to sixty inches in length, whichever is the greater.

            (3)    A minimum of twenty percent of the gross selling price with a minimum of one hundred dollars for each crypt in a public mausoleum, whichever is the greater.

            (4)    A minimum of twenty percent of the gross selling price with a minimum of ten dollars for each inurnment niche in a public columbarium.

    No amount of the principal in the principal cemetery fund may be withdrawn or transferred out of the cemetery principal fund.

    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:

    If a perpetual care cemetery has more than three thousand people buried in the cemetery, the cemetery shall transfer all moneys from the perpetual care fund into the principal fund. The principal fund and the earnings fund of a perpetual cemetery shall be administered by an independent trustee and shall remain in the control of a licensed banking institution. No moneys may be taken out of the principal fund to pay for the costs of administering the funds. The principal fund and the earnings fund are open for public inspection. Each perpetual care cemetery shall submit a report to the secretary of state that includes the name and address of the licensed banking institution and the account numbers of the principal account and the earnings account by April 1, 2014.

    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.

     Signed March 28, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\228.wpd

INSURANCE

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\229.wpd
CHAPTER 229

(SB 49)

Private placement insurance requirements changed.


        ENTITLED, An Act to revise certain provisions regarding private placement policies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 58-11-1 be amended to read as follows:



    58-11-1. Premium is the consideration for insurance by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or other charge in consideration for an insurance contract is deemed part of the premium. For a private placement policy, with the consent of the insurer, premium may be in the form of assets to be held by the insurer in a separate account, as long as the fair value of the assets are independently verified at the time of receipt by the insurer. However, the premium for title insurance shall be the rates filed and approved in § 58-25-7.

    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:

            (1)    Issued exclusively to a person who is an accredited investor or a qualified purchaser, as such terms are defined in the federal Securities Act of 1933 or the federal Investment Company Act of 1940, or in regulations promulgated under either such statute; and

            (2)    Offered for sale and sold in a transaction that is exempt from registration under the federal Securities Act of 1933.

    Section 3. That chapter 58-15 be amended by adding thereto a NEW SECTION to read as follows:

    Premium is the consideration for insurance by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or other charge in consideration for an insurance contract is deemed part of the premium. For a private placement policy, with the consent of the insurer, premium may be in the form of assets to be held by the insurer in a separate account, as long as the fair value of the assets are independently verified at the time of receipt by the insurer.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\229.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\230.wpd
CHAPTER 230

(HB 1156)

Transmission of electronic documents
related to insurance policies, permitted.


        ENTITLED, An Act to allow the transmission of electronic documents related to insurance policies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Delivered by electronic means,":

            (a)    Delivery to an electronic mail address at which a party has consented to receive notices or documents; or

            (b)    Posting on an electronic network or site accessible via the internet, mobile

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;

            (2)    "Party," any recipient of any notice or document required as part of an insurance transaction, including an applicant, an insured, a policyholder, or an annuity contract holder.

    Section 2. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    Subject to section 4 of this Act, any notice to a party or any other document required under applicable law in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means if it meets the requirements of chapter 53-10.

    Section 3. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    Delivery of a notice or document in accordance with the provisions of this Act is equivalent to any delivery method required under applicable law.

    Section 4. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    An insurer may only deliver a notice or document to a party by electronic means pursuant to this Act if:

            (1)    The party affirmatively consents to the electronic delivery and has not withdrawn the consent;

            (2)    The insurer provides the party with a clear and conspicuous statement, prior to obtaining the party's consent, informing the party of:

            (a)    Any right or option of the party to have the notice or document provided or made available in paper or another nonelectronic form;

            (b)    The right of the party to withdraw consent to have a notice or document delivered by electronic means and any fees, conditions, or consequences that may be imposed in the event consent is withdrawn;

            (c)    Whether the party's consent applies:

            (i)    Only to the particular transaction as to which the notice or document must be given; or

            (ii)    To an identified category of notices or documents that may be delivered by electronic means during the course of the parties' relationship;

            (d)    The means by which a party may obtain a paper copy of a notice or document delivered by electronic means, after the party consents to electronic delivery; and

            (e)    The procedure a party must follow to withdraw consent to have a notice or document delivered by electronic means and to update information needed to contact the party electronically;

            (3)    The insurer ensures that the party:

            (a)    Is provided with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means before the

party consents to electronic delivery; and

            (b)    Consents electronically, or confirms consent electronically, in a manner that reasonably demonstrates the party can access information in the electronic form that will be used for notices or documents delivered by electronic means; and

            (4)    The insurer, in the event a change in the hardware or software requirements needed to access or retain a notice or document delivered by electronic means creates a material risk that the party will not be able to access or retain a subsequent notice or document, provides the consenting party with a statement of:

            (a)    The revised hardware and software requirements for access to and retention of a notice or document delivered by electronic means; and

            (b)    The right of the party to withdraw consent without the imposition of any fee, condition, or consequence that was not disclosed under subsection (2)(b) of this section.

    Section 5. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act affects any requirement related to content or timing of any notice or document otherwise required pursuant to applicable law.

    Section 6. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    If a provision of applicable law requiring a notice or document to be provided to a party expressly requires verification or acknowledgment of receipt of the notice or document, the notice or document may only be delivered by electronic means if the method used provides for verification or acknowledgment of receipt.

    Section 7. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    The legal effectiveness, validity, or enforceability of any contract or policy of insurance executed by a party may not be denied solely because of the failure to obtain electronic consent or confirmation of consent of the party in accordance with subsection (3)(b) of section 4 of this Act.

    Section 8. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    A withdrawal of consent by a party does not affect the legal effectiveness, validity, or enforceability of a notice or document delivered by electronic means to the party before the withdrawal of consent is effective. A withdrawal of consent by a party is effective within a reasonable period of time after receipt of the withdrawal by the insurer. If an insurer fails to comply with section 4 of this Act, the party may treat the failure as a withdrawal of consent for purposes of this Act.

    Section 9. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    The provisions of this Act do not apply to a notice or document delivered by an insurer in an electronic form before the effective date of this Act to a party who, before that date, consented to receive notice or document in an electronic form otherwise allowed by law.

    Section 10. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    If the consent of a party to receive certain notices or documents in an electronic form is on file with an insurer before the effective date of this Act, and pursuant to this Act, an insurer intends to

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:

            (1)    The notices or documents that may be delivered by electronic means pursuant to this Act that were not previously delivered electronically; and

            (2)    The party's right to withdraw consent to have notices or documents delivered by electronic means.

    Section 11. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    Except as otherwise provided by law, if an oral communication or a recording of an oral communication from a party is reliably stored and reproduced by an insurer, the oral communication or recording qualifies as a notice or document delivered by electronic means for purposes of this Act. If a provision of applicable law requires a signature, notice, or document to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by the provision, is attached to or logically associated with the signature, notice, or document.

    Section 12. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding any other provision of this Act, if a standard property and casualty insurance policy or endorsement does not contain personally identifiable information, an insurer may mail, deliver, or post the policy or endorsement on the insurer's website. If the insurer elects to post an insurance policy or endorsement on the insurer's website in lieu of mailing or delivering the document to the insured, the insurer must comply with the following conditions:

            (1)    The policy and endorsement must be accessible as long as the policy or endorsement is in force;

            (2)    After the policy expires, the insurer must maintain and archive the policy and endorsement for five years after the expiration of the policy and shall make the documents available to the party on request;

            (3)    The insurer must post the policy and endorsement in a manner that allows the insured to print and save the policy and endorsement using a program or application that is widely available on the internet and free to use;

            (4)    The insurer provides the following information in, or simultaneous with each declarations page provided at the time of issuance of the initial policy and any renewals of that policy;

            (a)    A description of the exact policy and endorsement form purchased by the insured;
            (b)    A method by which the insured may obtain, upon request and without charge, a paper copy of the policy; and

            (c)    The internet address where the insured's policy and endorsement is posted; and

            (5)    The insurer provides notice, in the format preferred by the insured, of any changes to the form or endorsement, the insured's right to obtain, upon request and without charge, a paper copy of a form, and the internet address where the form and endorsement is posted.

    Section 13. That chapter 58-1 be amended by adding thereto a NEW SECTION to read as follows:

    The provisions of this Act apply to the insurance products and documents, including insurance policies, insurance riders, insurance endorsements, and annuity contracts filed with and regulated by the director pursuant to title 58.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\230.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\231.wpd
CHAPTER 231

(SB 50)

Division of Insurance rule-making authority modified.


        ENTITLED, An Act to authorize rule-making authority to establish record-keeping requirements for insurers and producers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Definition of terms used in §§ 58-17-30.2, 58-17-30.4, 58-18-32, 58-18-34, 58-33-85 to 58-33-88, inclusive, 58-38-11.7, 58-38-11.9, 58-40-10.7, 58-40-10.9, 58-41-35.2, and 58-41-35.4;

            (2)    Insurer enrollment procedures;

            (3)    Disclosure and notice requirements; and

            (4)    Claim processing procedures; and

            (5)    Record-keeping requirements for insurers and producers.

     Signed March 3, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\231.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\232.wpd
CHAPTER 232

(SB 52)

Informal settlement of insurance examinations allowed.


        ENTITLED, An Act to authorize the informal settlement of insurance examinations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 58-3 be amended by adding thereto a NEW SECTION to read as follows:

    Prior to the completion of a market conduct examination, the director may request that the examiner in charge provide a draft examination report that is not to be filed under oath. The draft

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:

    The provisions of §§ 58-3-10 to 58-3-18, inclusive, do not apply to the draft examination report.

    Section 3. That chapter 58-3 be amended by adding thereto a NEW SECTION to read as follows:

    Each draft examination report described in section 1 of this Act is confidential. No draft examination report may be released except pursuant to a court order.

     Signed March 3, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\232.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\233.wpd
CHAPTER 233

(HB 1050)

Insurance director enforcement actions adjusted.


        ENTITLED, An Act to revise certain enforcement actions by the insurance director.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.

    The money penalty may not exceed five thousand dollars for an insurance producer or twenty-five thousand dollars for an insurer, administrator, or health maintenance organization, licensee, or registrant for each offense.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\233.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\234.wpd
CHAPTER 234

(HB 1052)

Insurance investigations and examinations,
additional disclosures permitted.


        ENTITLED, An Act to authorize additional disclosure regarding certain insurance investigations and examinations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Any remedial actions agreed to by a licensee being investigated or examined;

            (2)    Any remedial actions ordered by the director as a result of an examination or investigation; or

            (3)    Any other such information as the parties to the remedial action may agree to release in writing.

The director may also disclose the above information to any policyholder who contacts the director and who is directly affected by any action listed above.
Confidential information shared with the director may not be disclosed. However, nothing in this section prevents the director from providing a copy of licensee responses or other materials submitted by a licensee to complaints or inquiries if the response or materials are not specifically marked confidential. Sections 58-4-49 to 58-4-54, inclusive, do not apply to investigations conducted pursuant to chapter 58-4A.

     Signed February 27, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\234.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\235.wpd
CHAPTER 235

(HB 1054)

Insurance consumer protections standards established.


        ENTITLED, An Act to establish consumer protection standards regarding certain insurance claim practices and to provide for certain penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. Terms used in this Act mean:

            (1)    "Director," the director of the South Dakota Division of Insurance;

            (2)    "Insured," the party named on a policy or certificate as the individual with legal rights to the benefits provided by the policy;

            (3)    "Insurer," a person, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including claim agents, brokers, adjusters, and third party administrators. The term also includes medical service plans, hospital service plans, health maintenance organizations, prepaid limited health care service plans, dental plans, and optometric plans. This term does not include any insurance producer licensed pursuant to chapter 58-30, unless an insurance producer is directly involved in the adjudication of claims;

            (4)    "Person," a natural or artificial entity, including individuals, partnerships, associations, trusts, or corporations;

            (5)    "Policy," or "certificate," a contract of insurance, indemnity, medical, health, or hospital service, or annuity issued. The term does not include contracts of workers' compensation, fidelity, suretyship, or boiler and machinery insurance.

    Section 2. The provisions of this Act set forth standards for claim investigation and disposition of claims arising under policies or certificates of insurance issued to residents of South Dakota. It does not apply to claims involving workers' compensation, fidelity, suretyship, or boiler and machinery insurance. Nothing in this Act may be construed to create or imply a private cause of action for violation of this Act. No disposition under the provisions of this Act or any rule promulgated thereto may be used as evidence in any civil litigation. Nothing herein alters the rules of evidence as contained in title 19.

    Section 3. Any act by an insurer, if committed in violation of this section, is an unfair claims practice if:

            (1)    It is committed flagrantly and in conscious disregard of the provisions of this Act or any rule promulgated pursuant to this Act; or

            (2)    It is committed with such frequency to indicate a general business practice to engage in that type of conduct.

    For any act defined in section 4 of this Act, the director shall provide notice and an opportunity to correct the violation pursuant to § 58-33-68 if the act was inadvertent. Any act that is committed flagrantly or in conscious disregard of the provisions of this Act are not subject to the procedures required under § 58-33-68.

    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:

            (1)    Knowingly misrepresents to a claimant or an insured a relevant fact or policy provision relating to coverages at issue;

            (2)    Fails to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;

            (3)    Fails to adopt and implement reasonable standards to promptly complete claim investigations and settlement of claims arising under its policies;

            (4)    Fails to make a good faith attempt to effectuate prompt, fair, and equitable settlement of claims submitted in which liability coverage, and causation of claims have become reasonably clear;

            (5)    Compels an insured or beneficiary to institute a suit to recover an amount due under its policies by offering substantially less than the amount ultimately recovered in a suit brought by the insured or beneficiary;

            (6)    Refuses to pay claims without conducting a reasonable claim investigation;

            (7)    Fails to affirm or deny coverage of claims within a reasonable time after having completed a claim investigation related to the claim;

            (8)    Attempts to settle a claim for less than the amount that a reasonable person would believe the insured or beneficiary is entitled by reference to written or printed advertising material accompanying or made part of an application;

            (9)    Attempts to settle a claim on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured;

            (10)    Makes a claim payment to an insured or beneficiary without indicating the coverage under which each payment is being made;

            (11)    Unreasonably delays a claim investigation or payment of a claim by requiring both a formal proof of loss form and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form;

            (12)    Fails, in the case of a claim denial or offer of compromise settlement, to promptly provide a reasonable and accurate explanation of the basis for such action; or

            (13)    Fails to provide forms necessary to present a claim within fifteen days of a request with reasonable explanations regarding their use.

    Section 5. If the director has reasonable cause to believe that an insurer doing business in this state is engaging in an unfair claims practice and that a proceeding in respect thereto is in the public interest, the director may issue and serve upon the insurer a notice of hearing, which shall set a hearing date not less than thirty days from the date of the notice. The hearing shall be conducted pursuant to chapter 1-26. Prior to conducting a public hearing pursuant to this section against an insurer regulated by chapter 58-35, the director shall attempt to resolve the alleged unfair claims practice with the insurer.

    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:

            (1)    The insurer to pay a monetary penalty of not more than one thousand dollars for each violation but not to exceed an aggregate penalty of one hundred thousand dollars, unless the violation was committed flagrantly and in conscious disregard of this Act, in which case the penalty may not be more than twenty-five thousand dollars for each violation, but not to exceed an aggregate penalty of two hundred fifty thousand dollars; and

            (2)    Suspension or revocation of the insurer's license if the insurer knew or reasonably should have known it was in violation of this Act.

    This section only applies to violations of this Act. Any penalty imposed pursuant to this section is the sole and exclusive remedy for any act or violation brought by the director under this Act.

    The director shall consider the size, the amount of surplus, and the premium volume of the insurer when determining a penalty pursuant to this section.

    Section 7. The director may promulgate rules, pursuant to chapter 1-26, to carry out the purposes of this Act. In promulgating rules, the director shall consider the impact of the rule on the cost and availability of insurance in this state and the degree of protection that the rule will have for the insurance buying public in this state. The rules are limited to the following areas:

            (1)    Definition of terms; and

            (2)    Record keeping.

     Signed March 13, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\235.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\236.wpd
CHAPTER 236

(HB 1157)

Retrospective payment of claims for covered services
provided by a health care professional.


        ENTITLED, An Act to provide for the retrospective payment of clean claims for covered services provided by a health care professional during the credentialing period.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Application date," the date on which a health insurer or other entity responsible for the credentialing of health care professionals on behalf of the health insurer receives the health care professional's completed application for credentialing or change request;

            (2)    "Clean claim," as defined in § 58-12-19;

            (3)    "Health care professional," as defined in subdivision 58-17F-1(8);

            (4)    "Health insurer," as defined in subdivision 58-17-100(2);

            (5)    "Special Review," a supplemental review of a health care professional's completed application for credentialing or change request by a health insurer or other entity responsible for credentialing of health care professionals necessitated by credible evidence received by a health insurer or other entity responsible for credentialing of health care professionals as it relates to investigation of the following: action taken against the applicant's licensure status, action taken against the applicant's professional society status, verified complaints to facilities, or licensing agency regarding the applicant; the applicant's non-completion of training programs; a criminal proceeding brought against the applicant a malpractice claim brought against the applicant; loss of a Drug Enforcement Administration certificate or state-controlled substance certificate; loss of a Medicare or Medicaid certification status; or involuntary termination of credentialing by a different health insurer.

    Section 2. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

    A health insurer shall make retrospective payment for all clean claims submitted by a health care professional after the credentialing period for covered services provided by the health care professional during the credentialing period subject to all of the following:

            (1)    The credentialing period begins on the application date and ends on the date that the health insurer or other entity responsible for credentialing health care professionals on behalf of the health insurer has made a final determination approving the health care professional's application to be credentialed and notice has been sent;

            (2)    The health insurer or other entity responsible for credentialing health care professionals on behalf of the health insurer shall, electronically or in writing, notify an applicant of its determination regarding a properly completed application for credentialing within ninety days of receipt of an application containing all information required by the health insurer's credentialing form:

            (a)    If an incomplete application is received, the health insurer or other entity responsible for credentialing of health care professionals on behalf of the insurer shall notify the health care professional of the incomplete application as soon as possible, but no more than thirty days after receipt of the application. The notification shall itemize all documentation or other information that the insurer or entity must receive to complete the application. The health insurer or other entity responsible for credentialing of health care professionals on behalf of the insurer may request additional information if the information provided by the health care professional to the insurer or other entity responsible for credentialing of health care professionals on behalf of the insurer pursuant to this subsection is inaccurate, incomplete, or unclear;

            (b)    A health insurer or other entity responsible for credentialing of health care professionals may take additional time beyond the ninety days if a special review is required;

            (3)    The health care professional may not submit any claim to the health insurer during the credentialing period;

            (4)    A health insurer may not be required to pay any claim submitted by a health care professional during the credentialing period;

            (5)    The health insurer's time period for timely submission of claims may not begin until the credentialing period has ended. The health insurer's rules pertaining to timely submission may not be used to deny payment of any clean claim for medical services provided by a health care professional during the credentialing period, so long as the health care professional submits all such claims within the time period required by the health insurer's rules beginning on the date the health care professional receives notice that the healthcare professional is credentialed;

            (6)    Unless otherwise prohibited by law, after the health care professional is credentialed, the health care professional shall submit all claims to the health insurer for covered services provided by the health care professional during the credentialing period;

            (7)    After the health care professional is credentialed, a health insurer shall pay or deny all clean claims submitted by the health care professional for covered services provided by the health care professional during the credentialing period.

    Section 3. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

    Within ten business days of receiving a request for an application to be credentialed by a health care professional, a health insurer or other entity responsible for the credentialing of health care professionals on behalf of the health insurer shall send an application form to the professional, unless the application to be credentialed is available electronically on a public website. The application form shall identify and itemize all documentation and other information that the insurer or entity must receive in order for an application to be complete.

    Section 4. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

    Nothing in this Act applies to services provided by a health care professional that are covered by Medicaid, Medicare, TRICARE, or other health care benefit program subject to federal regulations regarding eligibility and provider payments. Nothing in this Act requires a health insurer or other entity responsible for credentialing health care professionals on behalf of the health insurer to take any action in violation of the requirements of the National Committee for Quality Assurance (NCQA) or Utilization Review Accreditation Commission (URAC).

    Nothing in this Act requires a health insurer or other entity responsible for credentialing health care professionals on behalf of the health insurer to credential a health care professional or to permit a non-credentialed health care professional to participate in the health insurer's provider network.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\236.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\237.wpd
CHAPTER 237

(SB 122)

Health insurers required to cover audiology services for children.


        ENTITLED, An Act to provide for certain insurance coverage for the treatment of hearing impairments for persons under the age of nineteen.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

    Any qualified health plan issued on or after January 1, 2015, that offers coverage for professional audiology services shall include coverage for medically necessary physician services appropriate for 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.

    The benefits provided shall be subject to the same dollar limits, deductibles, coinsurance and other limitations provided for other covered benefits in the policy.

    Nothing in this section requires the payment by the health plan of hearing aids, devices, or equipment to correct hearing impairment or loss.

    Section 2. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

    Any qualified health plan issued on or after January 1, 2015, that offers coverage for professional audiology services shall include coverage for medically necessary physician services appropriate for

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.

    The benefits provided shall be subject to the same dollar limits, deductibles, coinsurance and other limitations provided for other covered benefits in the policy.

    Nothing in this section requires the payment by the health plan of hearing aids, devices, or equipment to correct hearing impairment or loss.

    Section 3. That chapter 58-18B be amended by adding thereto a NEW SECTION to read as follows:

    Any qualified health plan issued on or after January 1, 2015, that offers coverage for professional audiology services shall include coverage for medically necessary physician services appropriate for 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.

    The benefits provided shall be subject to the same dollar limits, deductibles, coinsurance and other limitations provided for other covered benefits in the policy.

    Nothing in this section requires the payment by the health plan of hearing aids, devices, or equipment to correct hearing impairment or loss.

    Section 4. That chapter 58-41 be amended by adding thereto a NEW SECTION to read as follows:

    Any qualified health plan issued on or after January 1, 2015, that offers coverage for professional audiology services shall include coverage for medically necessary physician services appropriate for 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.

    The benefits provided shall be subject to the same dollar limits, deductibles, coinsurance and other limitations provided for other covered benefits in the policy.

    Nothing in this section requires the payment by the health plan of hearing aids, devices, or equipment to correct hearing impairment or loss.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\237.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\238.wpd
CHAPTER 238

(SB 99)

Self-funded multiple employer trust revisions.


        ENTITLED, An Act to revise certain provisions regarding self-funded multiple employer trusts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    The multiple employer trust is administered by an authorized insurer or a licensed third-party administrator;

            (2)    The multiple employer trust meets all of the requirements of § 58-18B-59;

            (3)    The multiple employer trust is established by a homogenous trade, industry, or professional association of employers that has a constitution or bylaws, is organized under the laws of South Dakota and has been maintained in good faith for purposes other than providing insurance for at least ten continuous years;

            (4)    The association sponsoring the multiple employer trust is engaged in substantial activity for its members other than sponsorship of an employer welfare benefit plan;

            (5)    The association sponsoring the multiple employer trust is a nonprofit entity organized under applicable South Dakota law;

            (6)    The multiple employer trust, upon authorization by the director, participates in the South Dakota Life and Health Insurance Guaranty Association pursuant to chapter 58-29C and is a member pursuant to subdivision 58-29C-48(12);

            (7)    The multiple employer trust:

            (a)    Meets the capital and surplus requirements of § 58-6-23;

            (b)    Meets the risk based capital requirements of § 58-4-48;

            (c)    Is subject to the hazardous financial condition requirements of §§  58-4-39 to 58-4-42, inclusive;

            (d)    Invests its assets pursuant to the requirements of chapters 58-26 and 58-27;

            (e)    Is subject to chapter 58-3 on the same basis as insurers;

            (f)    Is subject to the insurers supervision, rehabilitation, and liquidation provisions of chapter 58-29B.

The director may authorize a multiple employer trust that is not an association meeting the requirements of subdivisions (2) to (5), inclusive, of this section, if the multiple employer trust is comprised exclusively of employers engaged in a common industry for which there is some degree of common ownership, the ownership of two or more participating employers has existed since July 1, 2007, the employers forming the trust were previously providing health benefits collectively to their employees in this state, and the director finds that authorizing the multiple employer trust pursuant to this section is in the public interest.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\238.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\239.wpd
CHAPTER 239

(HB 1053)

Insurance rating organizations regulation updated.


        ENTITLED, An Act to revise certain provisions regarding the regulation of insurance rating organizations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Becoming a member of, or a subscriber to, a licensed rating organization which that makes such filings, and by authorizing; and

            (2)    Authorizing the director to accept such filings on its behalf; provided that nothing.

    Nothing contained in this chapter shall may be construed as requiring any insurer to become a member of or a subscriber to any rating organization.

    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:

            (1)    A copy of its governing documents, to include its constitution, its articles of agreement or association, or its certificate of incorporation, and of its bylaws, rules, and regulations governing the conduct of its business, as applicable;

            (2)    A list of its members and subscribers;

            (3)    The name and address of a resident of this state upon whom notices or orders of the director or process affecting such rating organization may be served; and

            (4)    A statement of its qualifications as a rating organization; and

            (5)    A statement specifying the kind of insurance, or subdivision, class, or part of risk or combination thereof for which the rating organization intends to be licensed.

    Section 3. That § 58-24-36 be amended to read as follows:

    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:

            (1)    Its constitution, its articles of agreement or association, or its certificate of incorporation, and its bylaws, rules, and regulations governing the conduct of its business;

            (2)    Its list of members and subscribers;

            (3)    The name and address of the resident of this state designated by it upon whom notices or orders of the director or process affecting such rating organization may be served information from what was provided in its application pursuant to § 58-24-35.

    Section 7. That § 58-24-40 be amended to read as follows:

    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:

            (1)    The insured group was not formed solely for the purpose of purchasing insurance and that the; and

            (2)    The premium is paid or collected by an:

            (a)    An employer, labor union, or the trustee of a fund established by the employer or labor union; the

            (b)    The trustee of a fund established by two or more employers in the same industry, or related industries; two

            (c)    Two or more labor unions or an association which has have been in existence for one or more years and which has have a constitution and bylaws; or a

            (d)    A wireless telecommunications provider from its customers and the premium is for insurance covering wireless telecommunications equipment.

    Section 13. That § 58-24-47 be amended to read as follows:

    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:

            (1)    A copy of its constitution, its articles of agreement or association or its certificate of incorporation and of its bylaws, rules, and regulations governing its activities;

            (2)    A list of its members;

            (3)    The name and address of a resident of this state upon whom notices or orders of the director or process issued at his direction may be served; and

            (4)    An the requirements of § 58-24-35 and an agreement that the director may examine such the advisory organization in accordance with the provisions of § 58-24-59.

    Section 17. That § 58-24-55 be amended to read as follows:

    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.

     Signed February 20, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\239.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\240.wpd
CHAPTER 240

(HB 1080)

Emergency personnel driving records not to include motor vehicle
accidents while engaged in the performance of official duties.


        ENTITLED, An Act to clarify that emergency personnel driving records are not to include motor vehicle accidents resulting while engaged in the performance of their official duties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    That occurred while the law enforcement officer, firefighter, emergency medical technician, or operator of emergency snow removal equipment was lawfully engaged in the performance of official duties; and

            (2)    That occurred while the law enforcement officer, firefighter, emergency medical technician, or operator of emergency snow removal equipment was driving an official emergency vehicle; and

            (3)    For which the law enforcement officer, firefighter, emergency medical technician, or operator of emergency snow removal equipment furnishes notice to the insurer that the accident occurred under circumstances identified in subdivisions (1) and (2) of this section.

This section is not applicable to commercial lines policies. Any premium or rate increase in violation of this section, which is made erroneously and does not constitute a continuing business practice of the insurer, may not be the basis of any disciplinary action by the division against the insurer if the insurer refunds any excess premium promptly upon discovery of the error or upon request by the insured.

    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.

     Signed February 20, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\240.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\241.wpd
CHAPTER 241

(SB 115)

Travel insurance regulated.


        ENTITLED, An Act to provide for travel insurance and regulate travel insurance retailers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 58-30-52 be amended to read as follows:

    58-30-52. No examination is required of:

            (1)    An applicant for the same kind of license as that which the applicant has previously held

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;

            (2)    Transportation ticket agents of common carriers applying for limited license to solicit and sell, as incidental to their duties as such transportation ticket agents, only:

            (a)    Personal accident insurance ticket policies; or

            (b)    Insurance of personal effects while being carried as baggage on such common carriers A travel retailer or applicant for a limited line travel insurance license under sections 5 to 13, inclusive, of this Act;

            (3)    Attorneys licensed to practice law in this state;

            (4)    Insurance producers outside the United States or its territories;

            (5)    Insurance producers applying for a limited license to sell, solicit, or negotiate limited line credit or limited line insurance exclusively;

            (6)    Employees of trade associations for the issuance of surety bonds to their association members only;

            (7)    Travel accident agents of motor service clubs;

            (8)    A person who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state. This exemption is available if the person is currently licensed in that state or if the application is received within ninety days of the cancellation of the applicant's previous license as long as the applicant was in good standing in that state and the state's insurance producer database records, maintained by the National Association of Insurance Commissioners, its affiliates, or its subsidiaries, indicate that the insurance producer is or was licensed in good standing for the line of authority requested;

            (9)    A person licensed as an insurance producer in another state who moves to this state and makes application within ninety days of establishing legal residence to become a resident licensee pursuant to §§ 58-30-148 to 58-30-151, inclusive. An examination may be required of that person to obtain any line of authority previously held in the prior state unless the director determines otherwise by rule.

    Section 2. That § 58-30-68 be amended to read as follows:

    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:

            (1)    Credit insurance as defined in § 58-30-142;

            (2)    Crop insurance as defined in § 58-30-142;

            (3)    Rental car insurance as defined in § 58-30-198; and

            (4)    Travel insurance as defined in § 58-30-142 sections 5 to 13, inclusive, of this Act.

    Section 3. That § 58-30-69 be amended to read as follows:

    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:

            (1)    "Agent of the insurer," any insurance producer who is compensated directly or indirectly by an insurer and sells, solicits, or negotiates any product of that insurer;

            (2)    "Agent of insured," any insurance producer or person who secures compensation from an insured or insurance customer only and receives no compensation directly or indirectly from an insurer for a transaction with that insured or insurance customer;

            (3)    "Business entity," a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity;

            (3A)    "Consultant," an agent of the insured who sells, solicits, or negotiates insurance on behalf of an insured or prospective insured or who assists an insured or prospective insured in the procurement of insurance;

            (4)    "Credit insurance," insurance that includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the director determines should be designated a form of limited line credit insurance;

            (5)    "Crop insurance," insurance providing protection against damage to crops from unfavorable weather conditions, fire or lightening, flood, hail, insect infestation, disease or other yield-reducing conditions or perils provided by the private insurance market, or that is subsidized by the Federal Crop Insurance Corporation, including Multi-Peril Crop Insurance;

            (6)    "Home state," the District of Columbia and any state or territory of the United States in which an insurance producer maintains the insurance producer's principal place of residence or principal place of business and is licensed to act as an insurance producer;

            (7)    "Limited lines producer," any person authorized by the director to sell, solicit, or negotiate limited lines insurance;

            (8)    "Negotiate," the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract if the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers;

            (9)    "Sell," to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company;

            (10)    "Solicit," attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company;

            (11)    "Terminate," the cancellation of the relationship between an insurance producer and the insurer or the termination of an insurance producer's authority to transact insurance;

            (12)    "Travel insurance," insurance coverage for trip cancellation, trip interruption, baggage,

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:

    Terms used in sections 5 to 13, inclusive, of this Act mean:

            (1)    "Limited lines travel insurance producer," a:

            (a)    Licensed managing general underwriter;

            (b)    Licensed managing general agent or third party administrator; or

            (c)    Licensed insurance producer, including a limited lines producer,

                designated by an insurer as the travel insurance supervising entity as set forth in section 12 of this Act;

            (2)    "Offer and disseminate," providing general information, including a description of the coverage and price, as well as processing the application, collecting premiums, and performing other activities permitted by the state;

            (3)    "Travel insurance," insurance coverage for personal risks incident to planned travel, including:

            (a)    Interruption or cancellation of a trip or event;

            (b)    Loss of baggage or personal effects;

            (c)    Damages to accommodations or rental vehicles; or

            (d)    Sickness, accident, disability, or death occurring during travel.

                Travel insurance does not include major medical plans, which provide comprehensive medical protection for travelers with trips lasting six months or longer, including those working overseas as an ex-patriot or as deployed military personnel;

            (4)    "Travel retailer," a business entity that makes, arranges, or offers travel services and may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer.

    Section 6. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

    The director may issue to an individual or business entity that has filed with the director an application for such limited license in a form and manner prescribed by the director, a limited lines travel insurance producer license, which authorizes the limited lines travel insurance producer to sell, solicit, or negotiate travel insurance through a licensed insurer.

    Section 7. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

    A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the entity meets the following conditions:

            (1)    The limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance:

            (a)    A description of the material terms or the actual material terms of the insurance coverage;

            (b)    A description of the process for filing a claim;

            (c)    A description of the review or cancellation process for the travel insurance policy; and

            (d)    The identity and contact information of the insurer and limited lines producer;

            (2)    At the time of licensure, the limited lines travel insurance producer shall establish and maintain a register on a form prescribed by the director of each travel retailer that offers travel insurance on the limited lines producer's behalf. The limited lines travel insurance producer shall maintain and update the register annually and shall include the name, address, and contact information of the travel retailer and an officer or person who directs or controls the travel retailer's operations, and the travel retailer's federal tax identification number. The limited lines travel insurance producer shall submit such register to the division of insurance upon reasonable request. The limited lines producer shall certify that the travel retailer registered complies with 18 U.S.C. 1033;

            (3)    The limited lines travel insurance producer shall designate an employee who is a licensed individual producer as a designated responsible producer, or DRP. The DRP is responsible for the limited lines travel insurance producer's compliance with the travel insurance laws and rules of this state;

            (4)    The limited lines travel insurance producer pays all applicable insurance producer licensing fees;

            (5)    The limited lines travel insurance producer requires each employee and authorized representative of the travel retailer whose duties include offering and disseminating travel insurance to receive a program of instruction or training, which is subject to review by the director. The training material shall, at a minimum, contain instructions on the types of insurance offered, ethical sales practices, and required disclosures to prospective customers; and

            (6)    Limited lines travel insurance producers, and those registered under its license, are exempt from any examination and continuing education requirements under this chapter.

    Section 8. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

    Any travel retailer offering or disseminating travel insurance shall make available to prospective purchasers, brochures or other written materials that clearly display the following:

            (1)    Provide the identity and contact information of the insurer and the limited lines travel insurance producer;

            (2)    Explain that the purchase of travel insurance is not required in order to purchase any other product or service from the travel retailer; and

            (3)    Explain that an unlicensed travel retailer is permitted to provide general information about the insurance offered by the travel retailer, including a description of the coverage and price, but is not qualified or authorized to answer technical questions about the terms and

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:

    A travel retailer's employee or authorized representative who is not licensed as an insurance producer may not:

            (1)    Evaluate or interpret the technical terms, benefits, or conditions of the offered travel insurance coverage;

            (2)    Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or

            (3)    Hold oneself out as a licensed insurer, licensed producer, or insurance expert.

    Section 10. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding any other provision of law, a travel retailer whose activities related to insurance, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this Act, is authorized to do so and receive related compensation for such services, upon registration by the limited lines travel insurance producer as described in subdivision (2) of section 7 of this Act.

    Section 11. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

    Travel insurance may be provided under an individual policy or under a group or master policy.

    Section 12. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

    As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this chapter.

    Section 13. That chapter 58-30 be amended by adding thereto a NEW SECTION to read as follows:

    The limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance under the limited lines travel insurance producer license shall comply with chapter 58-30 and chapter 58-33.

    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.

     Signed March 10, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\241.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\242.wpd
CHAPTER 242

(HB 1048)

Property and Casualty insurance laws reformed.


        ENTITLED, An Act to repeal certain provisions regarding property and casualty insurance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 58-33-72 be repealed.

    Section 2. That § 58-33-73 be repealed.

     Signed February 20, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\242.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\243.wpd
CHAPTER 243

(HB 1163)

Farm mutual insurers may invest funds
in certain stocks and market funds.


        ENTITLED, An Act to authorize farm mutual insurers to invest funds in certain stocks and market funds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Bonds or other securities issued by the United States government or by any agency or instrumentality of the United States government, or by any United States government-sponsored enterprise;

            (2)    Bonds or other obligations the payment of the interest and principal of which is assumed or guaranteed by the United States government or any agency or instrumentality of the United States government, or by any United States government-sponsored enterprise;

            (3)    General obligation bonds or warrants of this state or of any other state of the United States, or of any of the political subdivisions or other taxing districts of this state or any other state;

            (4)    Certificates of deposit in any bank wherein the deposits are insured by the federal deposit insurance corporation up to the amount to which such insurance protection applies;

            (5)    Shares or savings accounts of savings and loan and building and loan associations to the extent that such an account is insured by the federal savings and loan insurance corporation;

            (6)    When authorized by a majority vote of its members present at a duly called and held meeting of members, and with the consent of the director, in a home office building and the land on which such building is situated;

            (7)    With the approval of the director of the Division of Insurance, in the preferred stock of any solvent corporation existing under the laws of the United States of America, or any state of the United States and in the common stock of any other solvent insurer;

            (8)    Bonds, notes, or other obligations issued by any federal land bank, federal intermediate credit bank, bank for cooperatives, or any or all of the federal farm credit banks;

            (9)    With the approval of the director of the Division of Insurance, in mutual funds, if the underlying investments held in the portfolio of the mutual fund are investments in the common stock of any solvent public utility or investments otherwise permitted by this section and the investment in mutual funds does not exceed the lesser of ten percent of admitted assets or one-half of surplus common stocks, mutual funds and exchange traded funds consisting of common stocks, not to exceed twenty percent of the company's admitted assets. No individual common stock may exceed five percent of the company's admitted assets;

            (10)    Money market funds which would qualify as an investment pursuant to § 58-27-101;

            (11)    With the approval of the director of the Division of Insurance, in an insurance agency;

            (12)    Investments set forth in § 58-27-103 if the aggregate value of the investments pursuant to that section do not exceed ten percent of the farm mutual's total admitted assets and do not exceed the limitation set forth in § 58-27-53;

            (13)    With the approval of the director of the Division of Insurance, in corporate bonds, convertible bonds, preferred stocks, or other fixed income mutual funds, or exchange traded funds consisting of income securities issued by corporations. No issuer may exceed five percent of admitted assets and no one mutual fund or exchange traded fund may exceed twenty percent of admitted assets. All individual holdings must be rated A3 or better by Moody's Investor Service or rated A- or better by Standard & Poor's Corporation. All mutual funds or exchange traded funds must have an average credit quality of A3 or better as rated by Moody's Investor Service or A- or better as rated by Standard & Poor's Corporation.

If a farm mutual insurer has invested its funds or any part of its funds pursuant to subdivisions 58-35-47(9) or (13) and the farm mutual insurer is determined to be in a financially hazardous condition, the director may order the farm mutual insurer to reinvest those funds pursuant to chapters 58-4 or 58-29B
.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\243.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\244.wpd
CHAPTER 244

(SB 147)

Membership revision of the governing body
of a health maintenance organization.


        ENTITLED, An Act to revise the composition of the governing body of a health maintenance organization.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

            (1)    Whose occupation involves, or before his retirement involved, whose occupation involves the administration of health activities or the providing of health services;

            (2)    Who is, or ever was, employed by a health care facility, as a licensed health professional; or

            (3)    Who has, or ever had, a direct, substantial financial or managerial interest in the rendering of health service other than the payment of reasonable expense reimbursement or compensation as a member of the board of a health maintenance organization.

     Signed March 12, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\244.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\245.wpd
CHAPTER 245

(HB 1051)

Captive insurance companies, provisions updated.


        ENTITLED, An Act to revise certain provisions regarding the regulation of captive insurance companies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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.



    Section 2. That § 58-46-13 be amended to read as follows:

    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.

     Signed March 6, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\245.wpd

LABOR AND EMPLOYMENT

_______________


Start Included file \LMDATA\SESSIONS\89-2014\SESSIO~1\246.wpd
CHAPTER 246

(HB 1108)

Obsolete provisions repealed
regarding employment strikes and lockouts.


        ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding employment strikes and lockouts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 60-6-19 be repealed.

    Section 2. That § 60-6-20 be repealed.

    Section 3. That § 60-6-21 be repealed.

     Signed March 6, 2014
_______________
End Included file \LMDATA\SESSIONS\89-2014\SESSIO~1\246.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\247.wpd
CHAPTER 247

(HB 1132)

The educational calendar as a reference point for work.


        ENTITLED, An Act to make a minor's school calendar the reference point from which to permit employment that would not interfere with the minor's education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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:

    As used in this chapter, a school day is any day on which the child's own school or other educational program is operating and the child is expected to attend. A school week is a week during which the child's own school or other educational program is operating and the child is expected to attend.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\247.wpd

UNEMPLOYMENT COMPENSATION

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\248.wpd
CHAPTER 248

(HB 1045)

Unemployment insurance contribution rates revised.


        ENTITLED, An Act to revise unemployment insurance contribution rates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    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  

    The contribution rates provided in this section apply to and are retroactive to taxable wages paid on and after January 1, 2010, through December 31, 2014.

    Section 2. That chapter 61-5 be amended by adding thereto a NEW SECTION to read as follows:

    The employer's reserve ratio for calendar year 2015 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 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 -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  

    The contribution rates provided in this section apply to taxable wages paid on and after January 1, 2015.

     Signed March 24, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\248.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\249.wpd
CHAPTER 249

(SB 69)

Good cause for voluntarily leaving employment.


        ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 61-6-9.1 be amended to read as follows:


    61-6-9.1. Good cause for voluntarily leaving employment is restricted to leaving employment because:

            (1)    Continued employment presents a hazard to the employee's health. However, this subdivision applies only if:

            (a)    Prior to the separation from the employment the employee is examined by a licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5, and advised that continued employment presents a hazard to his health; and

            (b)    The health hazard is supported by a certificate signed by the licensed practitioner of the healing arts.

                The secretary of labor and regulation may request an additional certificate signed by another licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5;

            (2)    The employer required the employee to relocate the employee's residence to hold the employee's job;

            (3)    The employer's conduct demonstrates a substantial disregard of the standards of behavior that the employee has a right to expect of an employer or the employer has breached or substantially altered the contract for employment;

            (4)    An individual accepted employment while on lay off and subsequently quit the employment to return to work for the individual's regular employer;

            (5)    The employee's religious belief mandates it. This provision does not apply, however, if the employer has offered to the employee reasonable accommodations taking into consideration the employee's religious beliefs if this offer is made before the employee leaves the employment;

            (6)    Leaving is necessary to protect the individual from domestic abuse. However, this subdivision applies only if:

            (a)    The employee reports the abusive situation to law enforcement within forty-eight hours of any occurrence and cooperates fully with law enforcement in any subsequent investigation and criminal charge relating to the abusive situation. Upon request by the department, the law enforcement agency shall complete and return to the department a certification form indicating whether the employee has complied with the requirements of this subdivision;

            (b)    The employee has left the abusive situation and remains separate from the situation; and

            (c)    The employee made reasonable efforts to preserve the employment before quitting; or

            (7)    The employee is relocating to accompany a spouse who has been reassigned from one military assignment to another; or

            (8)    The employee is an officer who exercises substantial control in decisions to take or not to take action on behalf of a corporation and has no other alternative than to leave employment with that corporation. This does not preclude a corporate officer who does not exercise substantial control in any decision to take or not take action on behalf of a corporation from being found to have good cause to leave employment under the circumstances set out in subdivisions (1) to (7), inclusive.

    Any person found to have good cause for leaving employment due to domestic abuse as set forth in subdivision (6) and who returns to the abusive situation is ineligible for benefits.

     Signed March 14, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\249.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\250.wpd
CHAPTER 250

(HB 1143)

Unemployment insurance benefit eligibility
of workers attending approved training, repealed.


        ENTITLED, An Act to repeal certain provisions regarding unemployment insurance benefit eligibility of workers attending approved training.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 61-6-22 be repealed.

    Section 2. This Act is effective February 1, 2015.

     Signed March 26, 2014
_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\250.wpd

SUPREME COURT RULES AND ORDERS

_______________


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\251.wpd
CHAPTER 251

SCR 13-09

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

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:


    15-39-47. Persons authorized to act as attorney--Notice to attorney.The term, attorney, in this chapter means an attorney-at-law, who is an active member of the State Bar of the State of South Dakota, in good standing, one of a number of partners or joint plaintiffs, acting for all, an officer, manager, or local manager of a corporation acting for it, a member, manager, or local manager of a limited liability company acting for it, or, in the case of actions by or against the State of South Dakota, its agencies, or its employees acting within the scope of their employment, a representative designated in writing by the commissioner of the Bureau of Administration; and, unless and until there is a removal of the action pursuant to § 15-39-57. A representative of the Bureau of Administration is not required to have an appointment from the attorney general in order to appear in small claims court. The term includes an assignee of any claim, or the agent, manager, or officer of an assignee of any claim, if the assignment is bona fide and for a valuable consideration. Any assignment made for collection purposes only is considered bona fide, within the meaning of this chapter. In the event of removal pursuant to § 15-39-57, the term does not include such assignee or officer, agent, manager or local manager thereof or of a corporation or representative designated by the commissioner of the Bureau of Administration.

    Notice to such attorney for a party shall be equivalent to notice to such party.

    IT IS FURTHER ORDERED that this rule shall become effective January 1, 2014.

    DATED at Pierre, South Dakota, this 10th day of September, 2013.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\251.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\252.wpd
CHAPTER 252

SCR 13-10

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

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:


    16-16-12.3. Attorney licensing when spouse is a member of the armed forces. Notwithstanding any other provision in law, any attorney licensed to practice law in another jurisdiction within the United States, shall be admitted to practice in this state if:

            (1)    His or her spouse is a member of the armed forces of the United States;

            (2)    His or her spouse is the subject of a military transfer to South Dakota for active duty military service;

            (3)    He or she left employment to accompany the applicant's spouse to South Dakota; and

            (4)    He or she meets the requirements in § 16-16-12.4.

    16-16-12.4. Contents of application for licensing when spouse is a member of the armed forces. Any attorney seeking admission to practice in South Dakota under § 16-16-12.3 shall submit a sworn, written application to the Supreme Court of South Dakota containing the following:

            (1)    The name and post office address of the applicant;

            (2)    The jurisdictions in which the applicant is licensed to practice law;

            (3)    A statement that the applicant is a member in good standing of the bar of the jurisdictions in which he or she is licensed;

            (4)    A statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five years;

            (5)    A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years; and

            (6)    A statement that the applicant is familiar with the rules of the State Bar of South Dakota and will at all times abide by and comply with the same.

    Such application will be accompanied by the following:

            (a)    A certificate of admission to the bar in the jurisdictions in which the applicant is licensed to practice law; and

            (b)    A certificate from the proper courts therein that the applicant is a member in good standing.

    IT IS FURTHER ORDERED that this rule shall become effective immediately.

    DATED at Pierre, South Dakota, this 10th day of September, 2013.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\252.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\253.wpd
CHAPTER 253

SCR 13-11

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

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:

CHAPTER 15-26B

SUPREME COURT ELECTRONIC FILING RULES


    15-26B-1. Electronic filing.

(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.

            (1)    Documents may be filed with the Supreme Court by facsimile transmission in cases of emergency, provided that prior permission has been granted by the clerk.
            (2)    Such emergency filings shall be made in accordance with the provisions of § 15-6-5(d) and shall have the same effect as therein provided.
            (3)    In cases where a facsimile has been transmitted and filed pursuant to this section, counsel must file the original, together with the appropriate number of copies, with the clerk within five business days of the date of the facsimile filing. Copies of all documents filed in accordance with this method of transmission shall be served within the time and in the manner provided for in this chapter unless otherwise directed by the court.
            (4)    Payment of facsimile transmission charges at the rate provided in § 15-6-5(d), photocopying charges as provided in subdivision 16-2-29.1(3), and other applicable fees shall be tendered with the original document. Transmission fees will be deposited into the state court automation fund.
            (5)    Failure to timely comply with the foregoing requirements may result in the imposition of sanctions, including, but not limited to, the striking of the document received by facsimile transmission.

    IT IS FURTHER ORDERED that this rule shall become effective January 1, 2014.

    DATED at Pierre, South Dakota, this 10th day of September, 2013.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\253.wpd




Start Included file
CHAPTER 254

SCR 13-12

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
CIRCUIT COURT ELECTRONIC FILING RULES RULE 13-12
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

CHAPTER 16-21A

CIRCUIT COURT ELECTRONIC FILING RULES


    16-21A-1. Definitions.

(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.



Approved formats for documents filed electronically are WordPerfect (.wpd), Word (.doc or .docx), Tagged Image File (.tif) and text searchable Portable Document File (.pdf).

    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.


    16-21A-7. Electronic service.

(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.

    Any facsimile electronic version of any paper or document shall have the same force and effect as the original. A certified copy of an original transmitted made by facsimile electronic transmission

shall have the same force and effect as a certified copy of an original.

    Any paper or document received by facsimile transmission by the clerk or court for filing may be refused upon notice to sender and determination by the clerk or court that filing of the paper or document by facsimile transmission is not time critical or in violation of these rules. For good cause, the court may require a person or sender to obtain permission before sending a facsimile transmission to the clerk or court. Briefs and other lengthy documents in support of matters filed with the clerk shall not be transmitted by facsimile transmission except by court permission.

    Any facsimile shall be accompanied by a cover sheet which states the title of the document, case number, if any, number of pages, identity and voice telephone number of the sender. If sent directly to the court, there must be instructions as to filing therein in bold face type.

    Filing shall be deemed complete when the facsimile is received by the clerk or court. Facsimile filings shall be accepted for filing until 4:30 o'clock p.m. on days when the clerk's office is open for business and the facsimile equipment is in operation. All facsimile filings shall be completed by 5 o'clock p.m. in accordance with § 15-6-6(a).

    Within five business days after the date of the facsimile transmission, the sender shall file with the court the original document, a certificate stating that the original document is identical to the facsimile previously filed, and a ten dollar transmission fee for each document or one dollar per page, whichever is greater. The fee will be deposited into the state court automation fund.

    Upon receipt of the original, the clerk shall note thereon the date and time received and the date and time that the facsimile transmission was received. Upon the filing of the original, the facsimile may be removed from the court file and the original substituted therefore. Thereafter, the original shall be deemed received as of the date and time of receipt of the facsimile transmission. If the original is not filed with the clerk within the time provided, the court may on its own motion and upon notice to the sender strike the facsimile from the file and so note on the register of actions of the court.

    Failure to comply with any requirements of this rule shall, upon notice, authorize the court to apply other appropriate sanctions, including but not limited to, the striking of the paper or document received by facsimile transmission.

    In the event of failure to file any paper required to be filed as herein specified, the adverse party upon proof of the omission so to file shall be entitled without notice to an order requiring such papers to be filed within a time to be specified in the order, and such order may likewise provide that upon such failure so to file such papers, the action or proceeding may be dismissed and that no new action or proceeding may be commenced without payment of reasonable terms to be fixed by the court.

    If any process, original pleading, or any other paper, be lost or withheld by any person, the court may authorize a copy thereof to be filed and used instead of the original.


APPENDIX TO CHAPTER 16-21A

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.

_______________
End Included file


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\255.wpd
CHAPTER 255

SCR 13-13

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

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
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

    Key Component 1: Drug courts integrate alcohol and other drug treatment services with justice system case processing.

    Key Component 2: Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.

    Key Component 3: Eligible participants are identified early and promptly placed in the drug court program.

    Key Component 4: Drug courts provide access to a continuum of alcohol and other drug related treatment and rehabilitation services.

    Key Component 5: Abstinence is monitored by frequent alcohol and other drug testing.

    Key Component 6: A coordinated strategy governs drug court responses to participants' compliance.

    Key Component 7: Ongoing judicial interaction with each drug court participant is essential.

    Key Component 8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.

    Key component 9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations.

    Key Component 10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness.

    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.


    DATED at Pierre, South Dakota, this 8th day of November, 2013.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\255.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\256.wpd
CHAPTER 256

SCR 13-14

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE ADOPTION
OF A NEW RULE GOVERNING
EVIDENCE-BASED PROBATION
SUPERVISION PRACTICES RULE 13-14
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

Governing Evidence-Based Probation Supervision Practices.

    23A-48-1. Evidence-based probation supervision practices.Adult probation supervision shall use evidence-based practices and shall target the probationer's criminal risk and need factors with appropriate supervision and intervention, focusing resources on moderate-risk and high-risk offenders.

    23A-48-2. Methods used in adult probation supervision.Adult probation supervision shall include:

            (1)    Use of a normed and validated risk and needs assessment measuring criminal risk factors, specific individual needs and driving variable supervision levels;

            (2)    Use of assessment results to guide targeted supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism;

            (3)    Collateral and personal contacts, including unscheduled contacts, with the offender and community and with a frequency consistent with the probationer's supervision level and risk of re-offense, staying informed of the probationer's conduct, compliance with conditions, and progress in community based intervention;

            (4)    Use of adult probation change plans for each probationer assessed as medium-risk, high-risk or intensive risk to reoffend;

            (5)    Use of an automated call-in system for each probationer assessed as administrative or low

risk to reoffend unless otherwise approved by the chief court services officer for the judicial circuit; and

            (6)    Use of practical and suitable supervision methods that are consistent with evidence-based practices to aid and encourage the probationer to improve his or her conduct and circumstances and to reduce the risk of recidivism through the use of incentives and rewards for positive behavior and swift and certain sanctions for noncompliance.

    23A-48-3. Adult probation change plan defined."Adult probation change plan" means an individualized, documented accountability and behavior change strategy that:

            (1)    Matches the type and intensity of supervision to the assessed risk of reoffending;

            (2)    Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation;

            (3)    Engages the probationer in the development of the plan; and

            (4)    Establishes a timetable for achieving specific behavioral goals, including a schedule for payments of restitution, child support, and other financial obligations.

    IT IS FURTHER ORDERED that this rule shall become effective January 1, 2014.

    DATED at Pierre, South Dakota, this 8th day of November, 2013.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\256.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\257.wpd
CHAPTER 257

SCR 13-15

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE ADOPTION
OF A NEW RULE ESTABLISHING
EARNED DISCHARGE POLICY FOR
CERTAIN PROBATIONERS RULE 13-15
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

Establishing an earned discharge policy for certain probationers.

    23A-48-15. Earned discharge policy established.Pursuant to the South Dakota Public Safety Improvement Act the Supreme Court establishes the following criteria and procedure for awarding earned credits for discharge from probation.

    23A-48-16. Definitions pertaining to earned discharge credits.Definitions for the purposes of determining earned discharge credits:

            A.     Absconded. The term absconded means to be absent from the offender's approved place of residence or employment with the intent of avoiding supervision. When there is reason to believe that an offender has absconded, verification of absence is obtained by conducting a field contact at the last known approved place of residence, contacting the last known approved place of employment, if applicable, and contacting known family members and collateral contacts.

            B.     Probationer. A probationer is defined as any person convicted of a felony or receiving a suspended imposition under § 23A-27-13 on a felony charge and sentenced by a South Dakota court to a term of supervised probation exceeding six months. A probationer for the purpose of §§ 23A-48-15 to 23A-48-22, inclusive, does not include a person sentenced to drug court, a minor on juvenile court probation, or a person serving probation only on a misdemeanor offense under the laws of the State of South Dakota.

            C.     Probation Violation. A probation violation is defined as any written report submitted to the prosecuting attorney by a supervising court service's officer, or any petition to modify or revoke probation filed with the court by a state's attorney, the attorney general or court services officer alleging that a probationer has violated the terms of supervised probation.

            D.     Supervised Probation. Supervised probation under §§ 23A-48-15 to 23A-48-22, inclusive, shall mean a period of probation, exceeding six months, imposed upon a probationer who has entered into a written agreement for probation with a court services officer that has been approved and filed with the court. Supervised probation does not include supervision through case-service monitoring or through the financial accountability collections system.

    23A-48-17. Certain probationers ineligible for earned discharged credits.Any probationer serving a term of supervised probation as the result of a sex offense under § 22-24B-1, a violation of the sex offender registry requirements, or a violation of community safety zone requirements is not eligible for earned discharge credits under §§ 23A-48-15 to 23A-48-22, inclusive.

    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:

            (1)    For each full calendar month of compliance with the terms of supervised probation an earned discharge credit of 30 days shall be awarded to a probationer. Each earned discharge credit shall reduce the term of supervised probation by 30 days. No earned discharge credit may be awarded for a partial month or the last full month of supervised probation. No earned discharge credit may be awarded for any month, or portion of a month, during which the probationer is incarcerated as part of a sentence or sanction.

            (2)    A probationer shall not receive an earned discharge credit for any month(s) during which a probation violation is pending before the court. If the court does not sustain the probation violation, the court may enter a written order awarding earned discharge credits

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.

            (3)    Earned discharge credits shall not be awarded to a probationer for any month(s) in which a probationer is absconded. Additionally, a probationer shall not be awarded earned discharge credit for any month in which the probationer was sanctioned for conduct that disqualifies the probationer from receiving earned discharge credit as provided by the graduated response grid.

            (4)    A South Dakota probationer placed on supervised probation who is supervised in another state under the Interstate Compact for Adult Offender Supervision is eligible for earned discharge credits pursuant to §§ 23A-48-15 to 23A-48-22, inclusive.

            (5)    Earned discharge credits shall be applied to the probation term within fifteen days after the end of the month in which any credit was earned. A probationer who is eligible for earned discharge credits shall be notified of their probation discharge date on a semi-annual basis.

    23A-48-20. Reports to chief court services officer.Within ten days following the end of the month, a supervising court services officer shall report to the chief court services officer for the judicial circuit the name of any probationer eligible for an award of earned discharge credit and whether an earned discharge credit was awarded for the previous month.

    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.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\257.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\258.wpd
CHAPTER 258

SCR 13-16

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE ADOPTION
OF A NEW RULE ESTABLISHING
A GRADUATED RESPONSE GRID RULE 13-16
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

Establishing a graduated response grid.

    23A-48-4. Graduated response grid for violation of conditions of probation. Pursuant to § 16-22-13, the Supreme Court hereby adopts the following graduated response grid and rules to guide court services officers in determining the appropriate response to a violation of conditions of probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding offenders accountable for their behavior and reinforcing positive behavior.

    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:

            (1)    Modify the conditions of community supervision for the limited purpose of imposing graduated sanctions.

            (2)    Place a probationer who violates the terms of supervision in a local correctional or detention facility for a period of time up to forty-eight hours with review and prior approval of the chief court services officer for the judicial circuit.

            (3)    Impose any sanction with consideration to the probationers' employment schedule while still preserving public safety and maintaining the purpose and integrity of the sanctioning process.

    23A-48-12. Term of probation. A sanction cannot extend the term of probation.

    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.



APPENDIX TO CHAPTER 23A-48

Appendix A. Graduated Response Grid

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  

Italics = discharge credit is not earned, if applicable to the case. Once discharge credit has not been granted to the offender for a month, it may not be earned back.
Violations that are not Italicized assume earned discharge credit can still be earned by the offender, if applicable to the case.
*Indicates the officer is required to submit a violation of probation report. In all other cells of the grid, the officer has the discretion to submit a probation violation report as appropriate in response to behavior.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\258.wpd



Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\259.wpd
CHAPTER 259

SCR 13-17

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-35-4.2 RULE 13-17
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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.

    The officer executing the warrant shall receive proof that the committing magistrate has signed the warrant before the warrant is executed. Proof that the committing magistrate has signed the warrant may consist of receipt of the facsimile electronic copy of the warrant.

    IT IS FURTHER ORDERED that this rule shall become effective immediately.

    DATED at Pierre, South Dakota, this 8th day of November, 2013.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\259.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\260.wpd
CHAPTER 260

SCR 14-01

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-24-5 RULE 14-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

            (a)    "Judicial proceeding" or "proceeding" referenced in these rules includes all public appellate arguments, hearings, or other proceedings before the Supreme Court, except those specifically excluded by the rules. These rules do not apply to coverage of ceremonial or nonjudicial proceedings.

            (b)    "Expanded media coverage" includes broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news and educational or instructional information to the public. Any other use, absent express written permission of the court, is prohibited.

            (c)    "Supreme Court" or the "court" means the Supreme Court of South Dakota.

            (d)    "Chief Justice" means the Chief Justice of the Supreme Court of South Dakota.

            (e)    "Clerk" means the clerk of the Supreme Court of South Dakota.

            (f)    "Media coordinator" means the representative from the news media appointed by the court to coordinate expanded media coverage of judicial proceedings of the court under these rules.

            (g)    "News media" means personnel of a newspaper or other periodical, news service, radio station, television station, or television network, who deliver news to the general public on a regular and consistent basis in print, electronic or digital format.

    IT IS FURTHER ORDERED that this rule shall become effective immediately.

    DATED at Pierre, South Dakota, this 20th day of February, 2014.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\260.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\261.wpd
CHAPTER 261

SCR 14-02

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-20-1 RULE 14-02
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

            (a)    "Judicial proceeding" or "proceeding" includes all public arguments, hearings, trials, or other proceedings before a trial court, except those specifically excluded by these rules. These rules do not apply to coverage of ceremonial or nonjudicial proceedings.

            (b)    "Expanded media coverage" includes audio or video recording or broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news and educational or instructional information to the public. Any other use, absent express written permission of the court is prohibited.

            (c)    "Audio media coverage" includes audio recording or broadcasting or electronic recording of judicial proceedings for the purpose of gathering and disseminating news and educational or instructional information to the public. Any other use, absent express written permission of the court is prohibited.

            (d)    "Trial court" or the "court" means a South Dakota circuit or magistrate court in which a judicial proceeding is taking place.

            (e)    "Media coordinator" means the circuit court administrator for the circuit in which judicial proceedings are taking place.

            (f)    "News media" means personnel of a newspaper or other periodical, news service, radio station, television station, or television network, who deliver news to the general public on a regular and consistent basis in print, electronic or digital format.

    IT IS FURTHER ORDERED that this rule shall become effective immediately.

    DATED at Pierre, South Dakota, this 20th day of February, 2014.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\261.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\262.wpd
CHAPTER 262

SCR 14-03

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-28(c) RULE 14-03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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.

    An employee, as described above, includes a person who has a contractual relationship with a person or entity interested in the outcome of the litigation, including anyone who may ultimately be responsible for payment to provide reporting or other court services, and a person who is employed part-time or full-time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court services.

    The officer taking the deposition, or any other person with whom such officer has a principal and agency relationship, shall not enter into an agreement for reporting service which does any of the following:

            (1)    Requires or allows the court reporter reporting the deposition to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney as required in subdivision 15-6-30(f)(1);

            (2)    Requires the court reporter to provide special financial terms or other services that are not offered at the same time and on the same terms to all other parties in the litigation, or in any way offers any incentives or rewards to the attorneys, parties to the litigation, or to anyone else who has an interest in the litigation;

            (3)    Gives an exclusive monetary or other advantage to any party;

            (4)    Compromises the authenticity of the record or the impartiality of the court reporter, or that may result in the appearance that the authenticity of the record or the impartiality of the court reporter has been compromised;

            (5)    Allows a person, other than the court reporter or firm, to establish the rates charged by the court reporter or firm;

            (6)    Includes the court reporter, entity or firm providing or arranging for court reporting

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;

            (7)    Requires the noticing attorney to utilize a specified court reporter, entity or firm, or requires the noticing attorney to act in a manner that may lead to violation of any provision; or

            (8)    Restricts said attorney from reimbursement for such court reporting services.

    Contracts for court reporting services for federal, state, or local governments and subdivisions thereof are excluded. Negotiating or bidding reasonable fees, equal to all parties, by the attorneys or the parties, with the court reporter of their choice, on a case-by-case basis is not prohibited.

    These provisions may not be waived by disclosure, agreement, stipulation, or by any other means unless a request for waiver is contained in the notice of deposition.

    Any deposition taken by an interested person in violation of these provisions shall be considered void.

    IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.

    DATED at Pierre, South Dakota, this 18th day of March, 2014.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\262.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\263.wpd
CHAPTER 263

SCR 14-04

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-6 RULE 14-04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\263.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\264.wpd
CHAPTER 264

SCR 14-05

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-7.3 RULE 14-05
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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.

    The admission to practice under this section shall remain in effect until the occurrence of the earliest of the following events:

            (1)    The failure to sit for the first bar examination administered by the Board of Bar Examiners subsequent to the order of admission; or

            (2)    The announcement by the Board of Bar Examiners of this state of the results of the first bar examination following the applicant's admission under this section, provided, however, that as to any applicant who passes such examination his or her admission under this section shall continue in effect for sixty days, during which time applicant may proceed to be admitted to practice pursuant to § 16-16-17; or

            (3)    The termination of the applicant's employment with the legal aid bureau or public defender agency under which the applicant was admitted under this section; or

            (4)    The termination by the Supreme Court of the applicant's admission under this section.

    It shall be the duty of the supervising attorney of the legal aid bureau or public defender agency by whom such attorney is employed under § 16-16-7.2 to inform the Supreme Court immediately

of the termination of employment of such attorney admitted to practice pursuant to this section.

    For the purpose of subdivisions (1) and (2) above, the bar examination referred to means the combined Multistate Essay Examination which includes an Indian Law question, and Multistate Performance Test, and the Multistate Bar Examination administered by the Board of Bar Examiners as well as the Multistate Professional Responsibility 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.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\264.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\265.wpd
CHAPTER 265

SCR 14-06

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-10 RULE 14-06
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\265.wpd




Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\266.wpd
CHAPTER 266

SCR 14-07

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-11 RULE 14-07
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\266.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\267.wpd
CHAPTER 267

SCR 14-08

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-13 RULE 14-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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



    ORDERED that SDCL 16-16-13 be and it is hereby amended to read in its entirety as follows:

    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.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\267.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\268.wpd
CHAPTER 268

SCR 14-09

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

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
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

            (1)    The conditional admission be terminated, resulting in loss of license; or

            (2)    That the conditional admission be modified and/or extended; or

            (3)    That full admission be granted.

    The Supreme Court may accept or reject the recommendation.

    IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.

    DATED at Pierre, South Dakota, this 18th day of March, 2014.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\268.wpd


Start Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\269.wpd
CHAPTER 269

SCR 14-10

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

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
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    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:

REGULATIONS OF THE BOARD OF BAR EXAMINERS
STATE OF SOUTH DAKOTA

1. Application for Admission to Practice Law.
1.1. Application for Admission Without Examination.
2. Application Forms and Payment of Fees.
3. Bar Examination Subjects.
4. Passing Score.
5. Acceptance of Multistate Bar Examination Results from Other States.
6. Transfer of Multistate Bar Examination Results to other States.
7. Law Student Registration.
8.
Places and Dates of Examinations.
9. 8. Appeal.
9.1. 8.1 Procedure.

1. Application for Admission to Practice Law

    Each applicant for admission to practice law shall file with the secretary of the Board of Bar Examiners a written application, together with five complete machine or photo copies thereof, in the form prescribed by the Board of Bar Examiners. Such application and copies thereof shall be postmarked by on or before November 1 for the February examination and on or before April 1 for the July examination and shall be accompanied by the fee prescribed in the applicable rules of court

and a recent photograph of the applicant, and DCI and FBI fingerprint cards.

    Each applicant for admission shall also file a request for preparation of a character report and application with the National Conference of Bar Examiners. Such request and application shall be postmarked by on or before November 1 for the February examination and on or before April 1 for the July examination and shall be accompanied by the fee prescribed by the National Conference of Bar Examiners.

1.1. Application for Admission Without Examination

    Each applicant for admission to practice law without examination shall file with the secretary of the Board of Bar Examiners a written application, together with five complete machine or photo copies thereof, in the form prescribed by the Board of Bar Examiners. Such application and copies thereof shall be accompanied by the applicable fees, a recent photograph of the applicant, and DCI and FBI fingerprint cards.

    Each applicant for admission without examination shall also file a request for preparation of a character report and application with the National Conference of Bar Examiners. Such request and application shall be accompanied by the fee prescribed by the National Conference of Bar Examiners.

2. Application Forms and Payment of Fees

    All fees shall be paid by money order or certified check. The application form shall require each applicant to waive confidentiality and privacy rights in order to allow the Board of Bar Examiners to inquire into the applicant's moral character through examination of state, federal, police, court and security records.

3. Bar Examination Subjects.

    All applicants, except those applying pursuant to SDCL 16-16-7.6 and, SDCL 16-16-12.1, or SDCL 16-16-12.3 are required to take the bar examination which consists of the Multistate Essay Examination (MEE), an essay question on Indian Law, the Multistate Performance Test (MPT), the Multistate Bar Examination (MBE), and the Multistate Professional Responsibility Examination (MPRE). Subject matter outlines for the MEE, MPT, MBE, and MPRE are available at the National Conference of Bar Examiners' website at http://www.ncbex.org/.

    The MEE is a two and one-half hour examination consisting of five 30- minute essay questions which will test subject areas which are available at the National Conference of Bar Examiners' website at http://www.ncbex.org/tests.htm. The MEE will test both general and South Dakota principles of law.

    Indian Law includes basic principles of federal Indian law, including but not limited to civil and criminal jurisdiction, the Indian Civil Rights Act, the Indian Child Welfare Act, and the Indian Gaming Regulatory Act. It does not include tribal laws or customary laws. Indian Law is tested by one 30-minute essay question after the MEE.

    The MPT consists of two ninety-minute questions which test the fundamental skills of problem solving, legal analysis and reasoning, factual analysis, communication, organization and management of a legal task, and recognizing and resolving ethical dilemmas. Each question shall contain all of the resource material necessary to complete the performance examination. The MPT will test both general and South Dakota principles of law.

    The MBE is an objective six-hour examination containing 200 multiple-choice test questions covering the subjects:

Constitutional Law       Contracts  
Criminal Law and Procedure       Evidence  
Real Property       Torts  
Civil Procedure (effective February 2015 bar exam)  

    The MPRE consists of 50 multiple-choice test questions and measures an applicant's knowledge of the ethical standards of the legal profession.

4. Passing Score

    The combined score of the MEE, and MPT is to be given equal weight as the MBE score utilizing the standard deviation method to determine an applicant's final score on that portion of the bar examination. A separate passing score is set for the MPRE.

    The passing grade on the combined MPT, MEE, and MBE and on the MPRE shall be determined by the Board of Bar Examiners, which determinations shall be made in advance of the examination.

    An applicant who fails to attain a passing score on the combined MPT, MEE, and MBE and who applies for a subsequent bar examination shall be required to take the MPT, MEE and MBE portions of the subsequent examinations.

    The bar examination is comprised of three portions:

    (A) The combined MPT, MEE, and Indian law portions;

    (B) The MBE; and

    (C) The MPRE.

    An applicant must pass each portion of the examination. A general average of 75% or higher on the combined MPT, MEE, and Indian law portion of the examination shall be deemed a passing score on that portion of the examination. A scaled score of 135 or higher shall be deemed a passing score on the MBE portion of the examination. A scaled score of 85 shall be deemed a passing score on the MPRE portion of the examination. The Board of Bar Examiners shall determine the passing score on each portion of the bar examination in advance of the examination. Written notice of any deviation from the scores enumerated in this regulation will be given to the dean of the University of South Dakota School of Law and all applicants for admission to practice law by examination.

    An applicant who has failed only one portion of the exam must only reapply to sit for the failed portion; however, a passing score on one portion of the examination shall only be valid for a period of two years to exempt the applicant from retaking that portion of the examination. An applicant who fails either the MPT, MEE, and Indian law portion of the examination and/or the MBE portion of the examination three times must receive Supreme Court permission pursuant to SDCL 16-16-11 to take another examination.

5. Acceptance of Multistate Bar Examination Results from Other States

    In its discretion, the Board of Bar Examiners may accept an applicant's previous scores on the MBE and the MPRE administered in a jurisdiction other than South Dakota if taken within twenty-five months two years prior to the next scheduled examination, if the score on the MBE is a scaled score of 130 135 or above and the score on the MPRE is a scaled score of 75 or above, and if the applicant passed the entire bar examination in the other jurisdiction. The Board of Bar Examiners may accept an applicant's MPRE score if taken within twenty-eight months prior to the next scheduled examination and if the score is a scaled score of 85 or above.

6. Transfer of Multistate Bar Examination Results to other States

    An applicant seeking to transfer an MBE score to another jurisdiction shall apply to the National Conference of Bar Examiners for transfer and pay its fee for transfer.

7. Law Student Registration

    First-year law students who intend to take the South Dakota bar examination following graduation may register with the Board of Bar Examiners on forms prescribed by the Board. The registration must be accompanied by the $50 South Dakota registration fee as well as the fee required by the National Conference of Bar Examiners' law student registrant program for an initial character report. Registration under the rule is not deemed an application for permission to take the bar examination.

    The Board of Bar Examiners shall review the registration and character report to identify character and fitness issues that may preclude or hinder later admission. The Board will report its findings to the law student. The Board's findings shall be deemed preliminary. They shall not be deemed a commitment or permission to take the bar examination or a waiver of facts or conduct later discovered or occurring after the Board's investigation.

8. Places and Dates of Examinations

    Unless different times and places are fixed by the Board of Bar Examiners, the examinations will be administered at the following times and places:

    The MPT, MEE, Indian Law Question and MBE are given on the last Tuesday and Wednesday of February and the last Tuesday and Wednesday of July in Pierre, South Dakota. The MPT and, MEE and Indian Law Question are given Tuesday; the MBE is given on Wednesday.

    The MPRE is given in March and November in Vermillion, South Dakota, and in, August in Pierre, South Dakota and November.

    Notice of the times and places shall be given each applicant at the time of granting permission to take such examinations.

9. 8. Appeal

    The secretary of the Board of Bar Examiners shall make an initial determination regarding whether any act taken by an applicant pursuant to these rules satisfies the requirement of the rules. In addition, whenever the rules provide for a waiver of any deadline or other exercise of discretion by the Board including acceptance of results from other states the secretary of the Board of Bar Examiners shall make an initial determination which shall, within twenty days, become a final decision of the Board unless appealed as provided herein. Nothing in this rule shall prohibit the Board from sua sponte altering or reversing any initial decision of the secretary of the Board of Bar Examiners or from directing the secretary of the Board of Bar Examiners to transfer any case, issue or question directly to the Board without entering an initial decision without notice to the applicant; however, such action shall constitute final action by the Board for the purpose of review by the Supreme Court pursuant to § 16-16-16. In addition, the secretary of the Board of Bar Examiners or an applicant may submit an application or other issue directly to the Board of Bar Examiners for determination whenever an application, or acknowledgement by an applicant, discloses a facial violation of bar entry requirements. The procedures provided in Rule 9.1 8.1 will apply except that the secretary of the Board of Bar Examiners shall make a recommendation to the Board of Bar Examiners regarding the issue submitted directly to the Board. Results of examinations administered by the Board are not determined by the secretary and constitute final action by the Board.

9.1. 8.1 Procedure



    Whenever an applicant is aggrieved by an initial decision of the secretary of the Board of Bar Examiners the applicant shall request that the secretary reduce the determination to writing if necessary and may, within twenty days of the date of mailing of secretary's initial decision, appeal to the Board of Bar Examiners. Any applicant seeking review of the secretary's initial decision shall transmit to the Board a copy of the initial decision sought to be reviewed together with such argument, authorities and evidence in the form of sworn affidavits as the applicant deems necessary. The submission may not exceed sixty pages in length and shall consist of an original and nine copies of the submission. Upon receipt of a request for review the secretary shall respond setting forth the reasons for taking the action under review. A copy of the secretary's response shall be served upon the applicant and Board.

    The Board of Bar Examiners in its sole discretion may seek additional evidence or explanation, including testimony under oath, from the applicant or the secretary. In addition, the Board may request oral argument from the applicant. When the Board of Bar Examiners has satisfied itself that it is fully informed in the premises, it may adopt, modify and adopt as modified, or reverse the secretary's initial decision. In the event the Board reverses the secretary's initial decision it shall render a final decision which shall be communicated to the applicant in writing. The foregoing shall constitute final action by the Board of Bar Examiners for the purposes of review by the Supreme Court pursuant to SDCL 16-16-16.

     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.

_______________
End Included file Y:\LMDATA\SESSIONS\89-2014\SESSIO~1\269.wpd