STATE AFFAIRS AND GOVERNMENT
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CHAPTER 1
(HJR 1001)
Balanced budget amendment.
A JOINT RESOLUTION, Making formal application to Congress to call an Article V convention
of the states for the sole purpose of proposing a federal balanced budget amendment.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH
DAKOTA, THE SENATE CONCURRING THEREIN:
WHEREAS, the Legislature of the State of South Dakota hereby applies to Congress, under the
provisions of Article V of the Constitution of the United States, for the calling of a convention of
the states limited to proposing an amendment to the Constitution of the United States requiring that
in the absence of a national emergency, the total of all federal appropriations made by Congress for
any fiscal year may not exceed the total of all estimated federal revenues for that fiscal year, together
with any related and appropriate fiscal restraints; and
WHEREAS, this application constitutes a continuing application in accordance with Article V
of the Constitution of the United States until the legislatures of at least two-thirds of the several
states have made applications on the same subject. It supersedes all previous applications by this
Legislature on the same subject:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninetieth
Legislature of the State of South Dakota, the Senate concurring therein, that the State of South
Dakota does hereby apply to the Congress of the United States to call an amendment convention
pursuant to Article V of the United States Constitution limited to proposing an amendment to the
United States Constitution requiring that in the absence of a national emergency, the total of all
federal appropriations made by Congress for any fiscal year may not exceed the total of all estimated
federal revenues for that fiscal year, together with any related and appropriate fiscal restraints; and
BE IT FURTHER RESOLVED, this application is to be considered as covering the same subject
matter as the presently outstanding balanced budget applications from other states, including
previously-adopted applications from Alabama, Alaska, Arkansas, Colorado, Delaware, Florida,
Georgia, Indiana, Iowa, Kansas, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nebraska,
Nevada, New Hampshire, New Mexico, North Carolina, Ohio, Pennsylvania, Tennessee, and Texas.
This application shall be aggregated with same for the purpose of attaining the two-thirds of states
necessary to require the calling of a convention for proposing a balanced budget amendment but may
not be aggregated with any applications on any other subject; and
BE IT FURTHER RESOLVED, that the other states be encouraged to make similar applications
for an amendment convention pursuant to Article V of the Constitution of the United States; and
BE IT FURTHER RESOLVED, that this application constitutes a continuing application for such
amendment convention pursuant to Article V of the Constitution of the United States until the
legislatures of two-thirds of the states have made such applications and such convention has been
called by the Congress of the United States; and
BE IT FURTHER RESOLVED, that the secretary of state transmit copies of this resolution to
the President of the United States, the Speaker and the Clerk of the United States House of
Representatives, the President and the Clerk of the United States Senate, the members of the South
Dakota congressional delegation, and the legislatures of each of the several states, attesting the
adoption of this resolution by the Legislature of the State of South Dakota.
Filed February 20, 2015
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CHAPTER 2
(HB 1069)
Constitutional amendment delegates regulated.
ENTITLED, An Act to limit the authority of delegates to a limited Article V convention to vote for
unauthorized amendments contrary to legislative instructions and to provide a civil fine for the
violation thereof.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Article V convention," convention for proposing amendments as expressly provided in
Article V of the United States of America Constitution; and
(2) "Article V application," a joint resolution passed by the State Legislature of South Dakota
on the same subject or containing the same proposed amendment text as thirty-three other
sovereign states requiring Congress to call an Article V convention by setting the time and
place; and
(3) "Delegate" or "alternate," any person selected by the State Legislature of South Dakota
or any other method provided by law to represent the State of South Dakota at an Article
V convention; and
(4) "Legislative instructions," instructions given by the State Legislature to delegates and
alternates before and during an Article V convention; and
(5) "Unauthorized amendment," any proposed amendment that is outside the subject matter
or permitted text.
Section 2. No delegate from South Dakota to an Article V convention has the authority to vote
to allow consideration of or vote to approve an unauthorized amendment for ratification to the
United States of America Constitution. Any delegate casting a vote to allow consideration or
approval of an unauthorized amendment shall be immediately recalled by the secretary of state and
replaced by an alternate chosen by the Executive Board of the Legislative Research Council.
Section 3. Every candidate for delegate or alternate from South Dakota to the Article V
convention shall take the following oath:
"I do solemnly swear or affirm that to the best of my abilities, I will, as a delegate or alternate
to an Article V convention, uphold the Constitution and laws of the United States of America and
the State of South Dakota. I will not vote to allow consideration of or to approve any unauthorized
amendment proposed for ratification to the United States of America Constitution."
Section 4. The secretary of state shall certify in writing to the Article V convention the selection
of delegates and alternates, the recall and replacement of any delegate or alternate, and the
nullification of unauthorized votes cast by any delegate of South Dakota.
Section 5. Any delegate who violates the oath contained in section 3 of this Act is subject to a
civil fine of not more than five thousand dollars to be levied by the secretary of state and deposited
in the state general fund.
Section 6. Nothing in this Act authorizes the State of South Dakota to participate in any Article
V convention in which each of the states does not possess one vote equal to the other states.
Signed February 24, 2015
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CHAPTER 3
(HJR 1002)
Grant a presidential pardon to Peter L. Larson.
A JOINT RESOLUTION, making a formal application to the President of the United States, that the
President grant a presidential pardon to Peter L. Larson.
BE IT RESOLVED BY THE SENATE OF THE STATE OF SOUTH DAKOTA, THE HOUSE OF
REPRESENTATIVES CONCURRING THEREIN:
WHEREAS, Peter L. Larson founded the Black Hills Institute of Geological Research in Hill
City, South Dakota, in 1978, and has contributed ever since to South Dakota's education, history and
culture through his work as a paleontologist; and
WHEREAS, a team led by Larson in August of 1990 discovered the Tyrannosaurus rex named
Sue, the largest and most complete T. rex skeleton ever found; and
WHEREAS, when it was discovered that Sue was the largest and most scientifically important
T. rex skeleton ever found, and therefore has a great value, Mr. Larson and his team became
entangled in a protracted legal quagmire that resulted in South Dakota's longest criminal trial; and
WHEREAS, many independent observers have maintained that federal attorneys aggressively
prosecuted the paleontologists, which resulted in Mr. Larson's felony convictions and a two-year
federal prison sentence, unrelated to Sue; and
WHEREAS, on December 30, 2014, the editor of the Rapid City Journal, the largest newspaper
in western South Dakota, stated that Mr. Larson's case "should be an embarrassment to any public
official who played a role in the matter and allowed such a needless travesty to take place;" and
WHEREAS, fifteen years ago, Mr. Larson successfully completed his sentence, including two
years' probation, and continues to lead an exemplary life in which he contributes greatly to
worldwide science as well as South Dakota's education, culture, and tourism; and
WHEREAS, before and after his case, Mr. Larson represented South Dakota and the United
States honorably, for example, he assisted in the development of paleontological guidelines by
participating in a South Dakota State Paleontological Task Force and a National Academy of
Sciences Committee; and
WHEREAS, Mr. Larson continues to express support of the legal system in national and
international press interviews despite his unfortunate experiences; and
WHEREAS, since 1980, students of paleontology and geology have been invited to participate
as interns at the Black Hills Institute's field sites and laboratories, and families, school children, and
tourist groups, have been regularly welcomed to visit or volunteer at dinosaur excavations with Mr.
Larson, and
WHEREAS, Mr. Larson continues to make himself available, without compensation, for
innovative programs intended to reach out to the public and students in the classroom, such as a
recent scholastic webcast and a CNN interactive blog, where participants ask questions, live; and
continues to present scientific talks for audiences of all age and educational levels at museums,
science centers, and public venues, in connection with his research, books, and the 2014
documentary Dinosaur 13; and
WHEREAS, Mr. Larson is known as one of the world's foremost Tyrannosaurus rex scientists
and continues to excel in the field of paleontology, making new discoveries, publishing academic
papers, working toward his doctorate degree, and gaining scientific recognition for his scientific
work, in spite of the impact of his trial and felony convictions; and
WHEREAS, through exemplary citizenship, an ability to overcome adversity, and a positive
attitude, all of which have inspired students, scientists, and entrepreneurs around the world, we
believe Mr. Larson has earned the right to a clean slate:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninetieth
Legislature of the State of South Dakota, the Senate concurring therein, that we, the members of the
South Dakota Legislature respectfully petition Barack Obama, President of the United States of
America, to grant a Presidential pardon to Peter L. Larson of Hill City, South Dakota.
Filed March 12, 2015
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CHAPTER 4
(HB 1144)
Statutes revised related to state affairs and government.
ENTITLED, An Act to repeal and revise certain unnecessary and outdated provisions related to state
affairs and government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-7-2 be repealed.
Section 2. That § 1-26-26 be amended to read as follows:
1-26-26. Unless required for the disposition of ex parte matters authorized by law, members of
the governing board or officers or employees of an agency assigned to render a decision or to make
findings of fact and conclusions of law in a contested case shall may not communicate, directly or
indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any
issue of law, with any party or his the party's representative, except upon notice and opportunity for
all parties to participate. If one or more members of a board or commission or a member or employee
of an agency, who is assigned to render a decision in a contested case, took part in an investigation
upon which the contested case is based, he shall the member or employee may not participate in the
conduct of the hearing nor take part in rendering the decision thereon, but he on the contested case.
However, the member or employee may appear as a witness and give advice as to procedure. If,
because of such the disqualification, there is no person assigned to conduct the hearing or render the
decision, the agency shall appoint someone pursuant to § 1-26-18.1 a person to fulfill those duties.
A person assigned to render a decision:
(1) May communicate with other members of the agency; and
(2) May have the aid and advice of one or more personal assistants.
Signed March 11, 2015
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CHAPTER 5
(SB 38)
Public safety telecommunications system revised.
ENTITLED, An Act to revise certain provisions concerning the state communications system and
the South Dakota law enforcement telecommunications system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-13-1 be amended to read as follows:
1-13-1. The Bureau of Information and Telecommunications may purchase the necessary
apparatus and equipment to construct or establish a state communications system which shall be used
solely for the transmission of business and information for state, federal, and local government and
other public safety entities. The bureau may also purchase receiving sets in such quantities as may
be most economical to facilitate the speedy transmission of messages and state information.
The bureau is charged with the operation and maintenance of the state communications system.
However, the Department of Public Safety shall operate and maintain the South Dakota law
enforcement telecommunications system.
Section 2. That § 1-13-3 be amended to read as follows:
1-13-3. The Bureau of Information and Telecommunications may employ such operators and
assistants and such equipment necessary to carry out the provisions of this chapter. The costs of
maintaining and the operation of operating a state voice communications system and all receiving
sets owned or operated by the bureau shall be paid out of the appropriation for the bureau. The costs
for operation and maintenance of the South Dakota law enforcement telecommunications system
shall be paid out of the radio communications fund.
Section 3. That § 1-13-5 be amended to read as follows:
1-13-5. The Bureau of Information and Telecommunications and the Department of Public Safety
may apply for, accept, and expend on behalf of the state communications system any appropriations,
grants, matching funds, or moneys allotted to the State of South Dakota by the federal government
pursuant to any act of Congress of the United States. The funds so received by the State of South
Dakota shall be administered and expended under the supervision of the bureau or the department
to purchase the necessary apparatus and equipment for new construction and equipment
improvements in the state communications system. Such funds shall be deposited in the state
treasury to be paid out on warrants drawn by the state auditor on vouchers approved by the
commissioner of the bureau or the secretary of public safety.
Section 4. That § 1-13-8 be amended to read as follows:
1-13-8. The Bureau of Information and Telecommunications Department of Public Safety shall
broadcast all police dispatches and reports submitted, which have a reasonable relation to, or
connection with, the apprehension of criminals, the prevention of crime, or the maintenance of peace
and order in the state. The bureau department shall also broadcast any other statement or report upon
request of any constitutional officer, or the head of any state department, providing such message
relates to state business.
Section 5. That § 1-13-11 be amended to read as follows:
1-13-11. The Bureau of Information and Telecommunications may establish Department of
Public Safety may operate and maintain a unified teleprinter data network to interconnect various
law enforcement agencies in South Dakota by written communications. The Bureau of Information
and Telecommunications department may also purchase or lease the necessary teleprinters and other
apparatus and equipment to construct, maintain, and control the teleprinter law enforcement
communications network.
Section 6. That § 1-13-12 be amended to read as follows:
1-13-12. The state shall furnish to the division of highway patrol of the Department of Public
Safety and the Office of the Attorney General teleprinters and other all the necessary equipment.
Section 7. That § 1-13-13 be amended to read as follows:
1-13-13. Each county within the state shall furnish to the sheriff of that county a teleprinter data
terminal and other necessary equipment of a type specified by the Bureau of Information and
Telecommunications Department of Public Safety.
Section 8. That § 1-13-14 be amended to read as follows:
1-13-14. Any first or second class municipality may apply to participate in the unified teleprinter
network South Dakota law enforcement telecommunications system. If the application is approved
by the Bureau of Information and Telecommunications Department of Public Safety, the
participating municipality shall furnish its police department with a teleprinter data terminal and
other necessary equipment of a type specified by the Bureau of Information and Telecommunications
department.
Section 9. That § 1-13-15 be amended to read as follows:
1-13-15. The attorney general Department of Public Safety may authorize other law enforcement
agencies to participate in the unified teleprinter network South Dakota law enforcement
telecommunications system upon such terms and conditions as are necessary to protect the security
of the network.
Section 10. That § 1-13-16 be amended to read as follows:
1-13-16. The attorney general Department of Public Safety may adopt rules and regulations,
pursuant to chapter 1-26, establishing procedures for operation, maintenance, and control of the
unified teleprinter network South Dakota law enforcement telecommunications system.
Section 11. That § 1-13-17 be amended to read as follows:
1-13-17. The
attorney general Department of Public Safety shall terminate service to any
installation on the
network when he shall determine South Dakota law enforcement
telecommunications system if the department determines that there is a risk of violation of the
security or privacy restriction imposed by state or federal statutes.
Signed March 10, 2015
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CHAPTER 6
(SB 43)
Lease payments
to the Health and Educational Facilities Authority revised.
ENTITLED, An Act to revise certain provisions regarding lease purchase agreement payments and
to ratify certain lease purchase agreements with the Health and Educational Facilities Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-16A-93 be amended to read as follows:
1-16A-93. Beginning July 1, 2013, any 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 may only be issued if the Board of Education determines, by the
adoption of a resolution, that the estimated receipts, rentals, and other payments, including
appropriations by the Legislature, student fee payments, or other balances or revenues pledged under
the applicable bond indenture or similar agreement will not be less than one hundred three percent
of the projected scheduled payments of principal and interest on all outstanding bonds which, for
purposes of that determination shall include the proposed bonds to be issued and shall exclude any
bonds to be refunded. Proposed issuance of obligations must comply with sections 4 and 5 of this
Act. In issuing additional bonds, the authority may conclusively rely upon the determination of the
board.
Section 2. 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, The South Dakota Board of Education must approve
the issuance of additional bonds, notes, or other obligations prior to issuance. The Legislature in
accordance with §§ 1-16A-93 and 1-16A-94 and applicable administrative rules shall consider the
Department of Education's analysis prior to authorizing any additional bonds, notes, or other
obligations. The requirement, however, for approval by the Legislature before issuance does not
apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or
other obligations.
Section 3. That § 1-16A-96 be amended to read as follows:
1-16A-96. Beginning in fiscal year 2015, lease payments made to the authority 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 paid in part from an appropriation to be made
by the Legislature in an amount that is equal to or greater than fifty percent of the technical institute
facility fee that is administered by the Department of Education that is dedicated to the current year
lease purchase agreement payments.
No provision of this chapter is deemed to adversely affect any of the covenants or other
agreements of the South Dakota Board of Education or the secretary of education in the lease
purchase agreement with the authority dated August 1, 1988, as amended and supplemented, for the
benefit of the holders of any bonds issued by the authority, and such covenants and agreements in
the lease purchase agreement dated August 1, 1988, as amended and supplemented, are hereby
ratified and confirmed.
Section 4. The total principal amount of debt outstanding through the South Dakota Building
Authority and the vocational education program of the South Dakota Health and Educational
Facilities Authority may not exceed one and two-tenths percent of South Dakota's gross domestic
product for the most recently completed calendar year as calculated by the United States Bureau of
Economic Analysis.
Section 5. The total annual debt service payments of the South Dakota Building Authority and
the vocational education program of the South Dakota Health and Educational Facilities Authority
may not exceed four percent of the total ongoing general fund receipts for the most recently
completed state fiscal year.
Signed March 12, 2015
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CHAPTER 7
(HB 1033)
South Dakota Energy Infrastructure Authority repealed.
ENTITLED, An Act to repeal the South Dakota Energy Infrastructure Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-16I-2 be repealed.
Section 2. That § 1-16I-1 and §§ 1-16I-3 to 1-16I-39, inclusive, be repealed.
Section 3. That § 1-53-14 be repealed.
Signed February 24, 2015
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CHAPTER 8
(SB 36)
Department of Tourism statutes updated.
ENTITLED, An Act to repeal certain outdated and unnecessary statutes and to update certain
references related to the Department of Tourism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-18-6 be repealed.
Section 2. That § 1-18-23 be repealed.
Section 3. That § 13-59-17 be amended to read as follows:
13-59-17. The State Board of Regents shall have full and complete has authority over said the
Lake County Historical Museum building, subject to § 13-59-18 and subject to the right of the donor
corporation to make use thereof of the building for their its purposes as provided in § 13-59-12, and
the. The use which the university is to make of such the building shall be so arranged as not to
interfere with the donor's rights, privileges, and purposes therein.
The
said university, at its expense, shall furnish the maintenance and operation costs of
said the
building from its facilities in exchange for the use
thereof of the building by the university as
specified in § 13-59-12.
Section 4. That § 13-59-18 be repealed.
Section 5. That § 1-45-23 be amended to read as follows:
1-45-23. The Office of History State Historical Society shall perform all the functions of the
following museums:
(1) The museum at the University of South Dakota known as the W.H. Over State Museum;
and
(2) The museum at Dakota State University, provided for by § 13-59-12 known as the Smith-Zimmermann State Museum; and
(3) The museum at Pierre known as the Robinson State Museum Cultural Heritage Center.
Signed February 9, 2015
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CHAPTER 9
(HB 1165)
Historic Preservation Commission membership changed.
ENTITLED, An Act to revise the composition requirement of the Historic Preservation Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-19B-3 be amended to read as follows:
1-19B-3. The Historic Preservation Commission shall consist of not less than five nor more than
ten members, who shall be appointed by the governing body with due regard to proper representation
of such fields as history, architecture, urban planning, archaeology, paleontology, and law. All
members Each member of the commission shall reside within the jurisdiction of the county or
municipality establishing the commission and shall serve for terms not to exceed three years, being
eligible for reappointment as shall be specified by the governing body. Any residency requirement
shall be as specified by the governing body.
Signed March 11, 2015
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CHAPTER 10
(SB 86)
Term limit for office of poet laureate.
ENTITLED, An Act to place a term limit on the office of poet laureate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-22-7 be amended to read as follows:
1-22-7. There is created the office of poet laureate of South Dakota. The Governor shall appoint
the poet laureate to serve at the pleasure of the Governor. No person is eligible for the appointment
unless the person is a resident of this state. No person may be appointed unless such person has been
recommended to the Governor by the South Dakota State Poetry Society and has written and
published poems of recognized merit prior to the appointment.
The term of the poet laureate is four years and begins July first in years following a gubernatorial
election. No poet laureate may serve for more than one term consecutively, however, this restriction
does not apply to a partial term to which the poet laureate may have been appointed.
Poet laureates shall for life have the status of emeritus.
Signed March 12, 2015
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CHAPTER 11
(HB 1125)
Notice of public meeting requirements changed.
ENTITLED, An Act to revise certain provisions regarding the notice for meeting of public bodies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-25-1.1 be amended to read as follows:
1-25-1.1. All public bodies shall provide public notice, with proposed agenda, that is visible,
readable, and accessible for at least an entire, continuous twenty-four hours before immediately
preceding any meeting, by posting a copy of the notice, visible to the public, at the principal office
of the public body holding the meeting. The proposed agenda shall include the date, time, and
location of the meeting. The notice shall also be posted on the public body's website upon
dissemination of the notice, if such a website exists. For special or rescheduled meetings, the
information in the notice shall be delivered in person, by mail, by email, or by telephone, to members
of the local news media who have requested notice. For special or rescheduled meetings, all public
bodies shall also comply with the public notice provisions of this section for regular meetings to the
extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.
Signed March 10, 2015
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CHAPTER 12
(HB 1091)
Public board and commission minutes to record votes.
ENTITLED, An Act to require that the minutes of meetings of any state board or commission
include a record of how each individual member voted on certain motions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-25-3 be amended to read as follows:
1-25-3. Any board or commission of the various departments of the State of South Dakota shall
keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in
this section shall report how each individual member voted on any motion on which a roll call vote
is taken. The minutes shall be available for inspection by the public at all times at the principal place
of business of the board or commission. A violation of this section is a Class 2 misdemeanor.
Signed February 24, 2015
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CHAPTER 13
(HB 1031)
State-owned rail line revision.
ENTITLED, An Act to repeal certain provisions regarding former state-owned rail lines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-44-33 be repealed.
Signed March 11, 2015
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CHAPTER 14
(HB 1228)
State debt collection office.
ENTITLED, An Act to establish an obligation recovery center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby created the obligation recovery center. The obligation recovery center
is attached to the Bureau of Administration for budgeting and reporting purposes. The purpose of
the obligation recovery center is to be a central repository for identification, registration, oversight,
and collection of debts owed to any agency or department of the State of South Dakota.
Section 2. Terms used in this Act mean:
(1) "Account receivable cycle," the period of time, not to exceed one hundred eighty days,
during which the center may attempt to collect on a debt before the debt is forwarded to
a collection agency or agencies pursuant to section 14 of this Act;
(2) "Center," the obligation recovery center;
(3) "Debt," a legal obligation to pay money, including any principal, any interest that has
accrued or will accrue until the debt is paid, any penalties, any costs, and any other
charges permitted by law. The term, debt, includes any obligation of any kind referred to
the obligation recovery center for collection by any state government agency, by the
Unified Judicial System, by the Board of Regents, or by a constitutional office;
(4) "Debtor," a person who is indebted to the state or a state agency for any delinquent
accounts, charges, fees, loans, taxes, or other indebtedness due the state, or any person
that owes any obligation being collected by the obligation recovery center;
(5) "Bad debt," any debt due a state executive branch agency, the Board of Regent's system,
or a constitutional office that is no longer subject to an administrative appeal or judicial
review following an administrative appeal, or any costs, fines, fees, or restitution ordered
in any adult criminal proceeding through the Unified Judicial System no longer subject
to direct appeal pursuant to § 23A-32-2;
(6) "Final notification," the notification provided by section 7 of this Act; and
(7) "Referring entity," the entity referring the debt to the state obligation recovery center for
collection.
Section 3. The center shall work to collect each bad debt referred to the center during the account
receivable cycle. The character of the debt in the hands of the referring entity does not change by the
referral of the debt to the center for collection. Among other powers granted by this Act, the center
may:
(1) Sue;
(2) File liens;
(3) Enter into payment agreements with debtors;
(4) Impose a cost recovery fee;
(5) Collect data for debt collection purposes;
(6) Establish and maintain a centralized electronic debt management system;
(7) Exercise settlement authority granted by the referring entity;
(8) Setoff against any moneys to be paid by the State of South Dakota or any referring entity
to a debtor;
(9) Contract with multiple collection agencies for the collection of debt on behalf of the
center;
(10) Except for the debt collection powers vested in the Unified Judicial System, the center
may use the referring entity's statutory collection authority to collect the bad debt owed
to the referring entity; and
(11) Utilize all debt collection methods authorized by state law.
The office may determine which method or combination is most suitable to collect the debt.
Section 4. For any bad debt referred to the center for collection after July 1, 2015, the center shall
collect a cost recovery fee in addition to the debt referred to the center for collection. The cost
recovery fee is calculated by multiplying the principal amount of the debt referred to the center by
twenty percent. All debt collection methods available to collect any bad debt referred to the center
may be used by the center to collect the cost recovery fee. The cost recovery fee shall be deposited
into the general fund and the operations of the center and shall be subject to the annual budgeting
process specified in chapter 4-7.
Section 5. The center shall transfer any other moneys collected from a debtor to the referring
entity within thirty days after the end of the month in which the moneys were collected. If the amount
collected is less than the principal amount of the debt referred to the center and the cost recovery fee
imposed by this Act, the amount collected shall be prorated between the principal amount of the debt
referred and the cost recovery fee.
If more than one referring entity has referred a debt to the center regarding the same debtor, or
if the same referring entity has referred multiple debts to the office regarding the same debtor, the
center shall collect the first referred debt before proceeding to the collection of the subsequent
referred debt in the order referred.
Section 6. The center may be used as follows during the account receivable cycle:
(1) Any executive branch agency may use the center to collect bad debt owed to an executive
branch agency;
(2) The Unified Judicial System may use the center to collect any costs, fines, fees, or
restitution, constituting final debt, ordered in any adult criminal proceeding;
(3) The Board of Regents may use the center to collect any final debt owed within the South
Dakota Board of Regents' system; and
(4) Any constitutional office may use the center to collect final debt owed to the
constitutional office.
Section 7. Prior to transferring any debt to the center for collection, the referring entity shall
provide a final notification to the debtor that the debt will be referred to the center for collection.
The final notification to the debtor may be sent by regular mail or by electronic means. The final
notification shall contain all of the following:
(1) The name of the referring entity;
(2) Contact information for the referring entity;
(3) The name of the debtor;
(4) The nature of the debt;
(5) The principal amount of the debt;
(6) The total amount of the debt;
(7) A statement that the debt will not be turned over for collection to the center until a time
at least fourteen days after the date the final notification is sent to the debtor; and
(8) A statement that if the debt is turned over to the center, a cost recovery fee of twenty
percent of the principal, in the amount of $ ______, will be added to the total debt owed
by the debtor to the referring entity.
Section 8. All data, records, and files utilized for debt collection as provided for in this Act shall
be confidential and privileged, and no person may divulge or disclose any information obtained from
such records and files except in the administration and enforcement of this Act, or as otherwise
required by law.
Section 9. The center may collect data for purposes of collecting any debt referred to the center.
Notwithstanding any law to the contrary, referring entities are authorized to transmit data to the
center deemed necessary by the center to aid in the collection of the referred debt and the center may
share, request, and shall receive from any state agency any data to collect any debt referred to the
center. Any information provided by a referring entity or a state agency may only be used for the
purpose of collecting the debts referred to the center.
Section 10. The center shall establish and maintain a centralized electronic debt management
system to compile the information provided by referring entities, to track the collection efforts for
all debt referred to the center, to cross-reference and identify debtors for collection purposes, and to
maintain all information provided or collected from all sources concerning addresses, financial
records, and any other information useful to the center.
The center may designate a third party to establish and maintain the centralized electronic debt
management system. Any such third party shall keep all information it obtains from any source
confidential, and any employee, agent, or representative of that third party is prohibited from
disclosing that information to anyone other than the center.
Section 11. No person that owes a debt that is referred to the center may renew, obtain, or
maintain:
(1) Any registration for any motor vehicle, motorcycle, or boat, in which the person's name
appears on the title of the motor vehicle, motorcycle, or boat;
(2) Any driver license as defined by subdivision 32-12-1(1); or
(3) Any hunting license, fishing license, state park permit, or camping permit;
unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment
plan with the center and payment pursuant to the plan is current.
Section 12. No agency, board, or entity of the State of South Dakota may issue, renew, or allow
an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting
license, fishing license, state park permit, or camping permit, after receiving notice from the center
that the applicant, registrant, or licensee has a debt that is being collected by the center, unless the
applicant, registrant, or licensee has paid the debt and cost recovery fee in full or the debtor has
entered into a payment plan with the center and payment pursuant to the plan is current.
An applicant, registrant, or licensee who disputes a determination by the center that the applicant,
registrant, or licensee has a debt that has been referred to the center for collection shall, upon request,
be given a due process hearing by the center. Upon recommendation by the center, the agency or
entity may issue a temporary license, registration, certification, or permit to the applicant, registrant,
or licensee pending final resolution of the due process hearing.
Section 13. Unless preempted by other law, any payment of any kind to be made to a debtor by
the State of South Dakota or any referring entity, when the debtor has a debt that is referred to the
center, is subject to offset by the center unless the debt and cost recovery fee is either paid in full or
the debtor has entered into a payment plan with the center and payment pursuant to the plan is
current.
Section 14. If the center is unable to collect any debt referred to it within the account receivable
cycle, the center shall forward the debt to a collection agency or agencies for collection for a period
of no less than one year, or as otherwise stipulated in the contract between the center and the
collection agency. The debt collection agency shall be permitted to add a collection charge, not to
exceed twenty percent of the debt, to the debt forwarded to the collection agency as payment for its
collection services. The center or a collection agency may retain debt beyond the account receivable
cycle or other applicable collection period if the entity is actively engaged in substantive collection
efforts, or based on other good cause. The Bureau of Administration shall promulgate rules pursuant
to chapter 1-26 concerning the process of contracting with and referring debt to debt collection
agencies.
Section 15. The Bureau of Administration may promulgate rules, pursuant to chapter 1-26, in the
following areas:
(1) Definitions;
(2) Procedure for remitting moneys collected to referring entities;
(3) Processes and procedures for entering into payment agreements with debtors;
(4) A process for the imposition of the cost recovery fee;
(5) The data collection system;
(6) The centralized electronic debt management system;
(7) The settlement authority process;
(8) The procedure for sending information to the Division of Motor Vehicles concerning the
nonrenewal of registrations for motor vehicles, motorcycles, and boats;
(9) The procedure for sending information to the Department of Public Safety concerning the
nonrenewal of driver licenses;
(10) The procedure for sending information to the Department of Game, Fish and Parks
concerning the nonissuance of hunting licenses, fishing licenses, state park permits, and
camping permits; and
(11) The setoff of debt process.
Section 16. The center shall annually report after conclusion of the prior fiscal year to the
Government Operations and Audit Committee concerning the activity of the center including the
number of debts referred to the entity, the annual amount and nature of the debt obligations
recovered by the center, the number of debts referred from the center to private collection agencies
and the results of those referrals, and the costs and expenditures incurred by the center.
Section 17. The obligation recovery center advisory group is established to assist the Bureau of
Administration to implement this Act. The advisory group is attached to the Bureau of
Administration and will meet at the call of the commissioner as often as necessary to furnish advice,
gather information, and make recommendations to the Bureau of Administration regarding
management and administration of the obligation recovering center. However, the advisory group
shall meet at least once every quarter. The advice and recommendations include such things as:
(1) Planning, developing, and implementing programs;
(2) Organizing the internal structure of the obligation recovery center;
(3) Managing personnel;
(4) Developing, reviewing, and selecting requests for proposals;
(5) Reviewing activities assigned to the obligation recovery center; or
(6) Budgeting and expending funds.
The advisory group, through the commissioner, will report periodically to the Government
Operations and Audit Committee regarding its progress in implementing this Act.
The advisory group consists of six members: two appointed by the Speaker of the House, two
appointed by the President Pro Tempore of the Senate, the commissioner of the Bureau of
Administration, and the commissioner of Budget and Finance. Not all of the members may be of the
same political party. The advisory group will solicit advice and recommendations from the Unified
Judicial System and the Board of Regents regarding the implementation of the obligation recovery
center.
This section is repealed June 30, 2017.
Signed March 19, 2015
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LEGISLATURE AND STATUTES
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CHAPTER 15
(SB 113)
Prison or jail cost estimates.
ENTITLED, An Act to revise certain provisions regarding the fiscal impact statements prepared for
legislation that impacts state prison or county jail populations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-19 be amended to read as follows:
2-1-19. A fiscal impact statement prison or jail population cost estimate shall be attached to any
bill or, amendment, or measures measure proposed by ballot initiative that may impact the state
prison or county jail populations population. The requirement for a fiscal impact statement cost
estimate includes those bills or amendments that increase the periods each bill or amendment that
increases the period of imprisonment authorized for an existing crimes, that add new crimes crime,
that adds a new crime for which imprisonment is authorized, that impose imposes a minimum or
mandatory minimum terms term of imprisonment, or that modify modifies any law governing release
of prisoners a prisoner from imprisonment or supervision.
The sponsor of
such the legislation
, amendment, or
such ballot initiative shall request and allow
sufficient time to prepare a
fiscal impact statement cost estimate from the Bureau of Finance and
Management or the Legislative Research Council. The
fiscal impact statement cost estimate shall
be completed
no later than the day the bill is submitted to the committee with subject matter
cognizance for a bill before the bill is considered by any standing committee of the Legislature. Any
ballot initiative shall have a
fiscal impact statement cost estimate attached to the Attorney General's
statement required pursuant to § 12-13-9 or 12-13-25.1.
Section 2. That § 2-1-20 be amended to read as follows:
2-1-20. A fiscal impact statement cost estimate pursuant to § 2-1-19 shall include the following:
(1) An analysis of the specific components of the bill or the ballot initiative that will impact
the prison and jail population;
(2) The projected cost of the impact of the bill on the state prison system and the aggregate
cost to county jails on an annual basis and cost of the bill over a ten year period; and
(3) Operational costs and capital costs including all manner of construction.
Signed March 11, 2015
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CHAPTER 16
(HB 1145)
Certain payments changed
for the salary and compensation for legislators.
ENTITLED, An Act to revise certain provisions regarding the payment of salary and compensation
to legislators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-4-2.2 be amended to read as follows:
2-4-2.2. The salary or per diem compensation for members of the Legislature serving on
legislative committees, boards, or commissions, taking the oath of office, or attending the Governor's
budget report required by § 4-7-9 if the report is given in person by the Governor, is equal to the rate
set by subdivision 2-4-2(2).
Section 2. That § 2-4-2.3 be amended to read as follows:
2-4-2.3. The chair of the executive board of the Legislative Research Council speaker of the
House of Representatives and the president pro tempore of the Senate may authorize the payment
of a salary or per diem compensation to a person who has been elected or appointed to the
Legislature House of Representatives or Senate, respectively, but has not yet received the oath of
office, if the person is required to attend legislative committees, boards, or commissions, or attends
the taking of the oath of office, or the Governor's budget report required by § 4-7-9 if the report is
given in person by the Governor. The payment shall be equal to the rate set by subdivision 2-4-2(2).
Section 3. That § 2-9-4 be amended to read as follows:
2-9-4. The executive board shall:
(1) Instigate research and collect information concerning the government and general welfare
of the state;
(2) Investigate and make recommendations concerning important issues of public policy and
questions of statewide interest;
(3) Prepare a legislative program in the form of bills, or otherwise, as in its opinion the
welfare of the state may require, to be presented to the Legislature;
(4) Cooperate with the administration in devising means of enforcing the law;
(5) Study, inquire, make recommendations and propose bills in any phase or branch of state
government so deemed advisable and necessary;
(6) Appoint and name committees from the members of the State Legislative Research
Council, and assign to such committee or committees appropriate subjects and projects
of whatever character and nature the executive board deems advisable. Each member of
the council is entitled to membership on one study committee of his choice insofar as
practicable;
(7) Conduct legislative oversight and management analysis of the executive branch of
government by means of a selective program of performance auditing and cooperate with
the administration in improving the efficiency and effectiveness of administrative
methods; and
(8) Review and make recommendations for further legislative action regarding the opinions
of state and federal courts which have sought to interpret the intent of South Dakota
legislative acts; and
(9) Allocate funds to the House of Representatives and the Senate to pay for out-of-state
travel and salary or per diem costs incurred by members, and to pay for in-state travel and
salary or per diem costs incurred by members, excluding costs associated with any
legislative session. The Legislative Research Council shall make payments to
representatives for costs and travel approved by the speaker of the House of
Representatives, from the funds allocated to the House of Representatives, and shall make
payments to senators for costs and travel approved by the president pro tempore of the
Senate, from the funds allocated to the Senate. No funds may be paid beyond the amounts
allocated to each body.
Signed March 12, 2015
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CHAPTER 17
(HB 1034)
Wind Energy Competitive Advisory Task Force repealed.
ENTITLED, An Act to repeal certain outdated and unnecessary statutes related to the Wind Energy
Competitive Advisory Task Force.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-6-24 be repealed.
Section 2. That § 2-6-25 be repealed.
Signed February 24, 2015
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CHAPTER 18
(SB 137)
The term of the Executive Board of the Legislative Research Council
to align with their legislative term.
ENTITLED, An Act to revise certain provisions regarding the term of the Executive Board of the
Legislative Research Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-9-2 be amended to read as follows:
2-9-2. The 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: four members from the Senate and five members from the House of Representatives, to be
elected by a majority vote by their respective legislative bodies in party caucus before 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. However, no senator who is not reelected to the
Senate and no representative who is not reelected to the House of Representatives, may serve as a
member of the board beyond 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 occurring shall be
filled by the respective legislative bodies in party caucus. No board member, excepting ex officio,
may serve more than three successive terms.
Section 2. That § 2-9-3.1 be amended to read as follows:
2-9-3.1. The term of each executive board is from sine die the first day of the regular session of
the Legislature in the odd-numbered year until sine die the first day of the regular session of the
Legislature 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.
Signed March 12, 2015
_______________
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CHAPTER 19
(HB 1036)
Legislation enacted in 2014, codified.
ENTITLED, An Act to codify legislation enacted in 2014.
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 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 2014 revision of volume 10;
(11) The 2014 revision of volume 10A;
(12) The 2004 2014 revision of volume 11;
(12)(13) The 2004 revision of volume 12;
(13)(14) The 2004 revision of volume 13;
(14)(15) The 2006 revision of volume 14;
(15)(16) The 2004 revision of volume 15;
(16)(17) The 2013 revision of volume 16;
(17)(18) The 2004 revision of volume 17;
(18)(19) The 2004 revision of volume 18;
(19)(20) The 2011 revision of volume 19;
(20)(21) The 2011 revision of volume 19A;
(21)(22) The 2011 revision of volume 20;
(22)(23) The 2013 revision of volume 21;
(23)(24) The 2004 revision of volume 22;
(24)(25) The 2004 revision of volume 23;
(25)(26) The 2004 revision of volume 24;
(26)(27) The 2004 revision of volume 25;
(27)(28) The 2004 revision of volume 26;
(28)(29) The 2007 revision of volume 27;
(29)(30) The 2004 revision of volume 28;
(30)(31) The 2004 revision of volume 29;
(31)(32) The 2012 revision of volume 30;
(32)(33) The 2012 revision of volume 31;
(33)(34) The 2004 revision of volume 32;
(34)(35) The 2004 revision of volume 33;
(35)(36) The 2009 revision of volume 34;
(36)(37) The 2004 revision of the Parallel Tables volume;
(37)(38) The December 2013 2014 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)(39) The
2013 2014 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, 2014 2015, 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 2014 2015 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 2014 2015 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 February 9, 2015
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PUBLIC OFFICERS AND EMPLOYEES
_______________
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CHAPTER 20
(SB 32)
Veteran's preference for all veterans who seek employment
with the state, county, or municipality.
ENTITLED, An Act to revise certain provisions regarding veteran's preference for all veterans who
are United States citizens who seek employment with the state, a county, or a municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-3-1 be amended to read as follows:
3-3-1. In all public departments and subdivisions and upon all public works of this state and of
the counties and municipalities of this state, any veteran, as defined in § 33A-2-1, who is a citizen
and resident of the state of the United States, shall receive preference for appointment, employment,
and promotion. Age, loss of limb, or other physical impairment which does not in fact incapacitate
does not disqualify the veteran if the veteran possesses the qualifications and business capacity
necessary to discharge the duties of the position involved. A veteran who has a service-connected
disability shall be given a preference over a nondisabled veteran.
Signed February 9, 2015
_______________
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CHAPTER 21
(SB 90)
School districts to provide veterans a preference in employment.
ENTITLED, An Act to require school districts to provide veterans a preference in employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-3-1 be amended to read as follows:
3-3-1. In all public departments and subdivisions and upon all public works of this state and of
the counties and, municipalities, and school districts of this state, any veteran, as defined in § 33A-2-1, who is a citizen and resident of the state, shall receive preference for appointment, employment,
and promotion. Age, loss of limb, or other physical impairment which does not in fact incapacitate
does not disqualify the veteran if the veteran possesses the qualifications and business capacity
necessary to discharge the duties of the position involved. A veteran who has a service-connected
disability shall be given a preference over a nondisabled veteran.
Signed March 10, 2015
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CHAPTER 22
(SB 87)
Vacancy in municipal office.
ENTITLED, An Act to revise the circumstances creating a vacancy in municipal office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-4-1 be amended to read as follows:
3-4-1. Every An office shall become becomes vacant on the happening of any if one of the
following events applies to a member of a governing body or elected officer before the expiration
of the term of such the office; the person:
(1) The death of the incumbent Dies;
(2) His resignation Resigns;
(3) His removal Is removed from office;
(4) His failure Fails to qualify as provided by law;
(5) His ceasing Ceases to be a resident of the state, district, county, municipality, township,
ward, or precinct in which the duties of his the office are to be exercised or for which he
may have been elected;
(6) His conviction Is convicted of any infamous crime or of any offense involving a violation
of his the official oath of the office; or
(7) Whenever Has a judgment shall be obtained against him the person for a breach of his an
official bond.
Signed March 10, 2015
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CHAPTER 23
(HB 1135)
Local government officials and employees
bonding requirements changed.
ENTITLED, An Act to expand certain bonding provisions regarding local government officials and
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 3-5 be amended by adding thereto a NEW SECTION to read as follows:
The governing board of any political subdivision of this state, may purchase a blanket bond,
blanket crime coverage, an insurance policy, or an individual bond, issued to the political subdivision
as the insured, covering the faithful performance of each officer, member, and employee. If the
governing board purchases a blanket bond, blanket crime coverage, or an insurance policy that is
equal to or exceeds the individual bond requirements established in law, no officer, member, and
employee of the political subdivision is required to furnish an individual bond to qualify for office.
Blanket coverage may not be less than the total coverage of all individual bonds purchased for the
year prior to January 1, 2015.
Signed March 10, 2015
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CHAPTER 24
(HB 1048)
Reimbursement for expenses incurred
in furtherance of state interests.
ENTITLED, An Act to revise certain provisions regarding state hosting and employee
reimbursement policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-9-2 be amended to read as follows:
3-9-2. The State Board of Finance may fix the maximum amount which may be allowed per day
or fraction of a day as reimbursement for expenses for meals and lodging necessarily incurred by
state officers and employees in the performance of their duties as such while away from their places
of residence or headquarters station, and change such the maximum allowance from time to time as
it may deem as the board deems just and proper under existing conditions. The State Board of
Finance may authorize reimbursement on a per diem basis, in lieu of the method described above
in this section or any other method provided by law, and fix the amount per day or fraction of a day
which may be allowed, and may from time to time change such the amount as it may deem the board
deems just and proper under existing conditions. The chair of a commission or council created by
chapters 38-10, 38-27, 38-29, and 38-32 may authorize an employee to be reimbursed for actual
costs of lodging and meals, excluding alcoholic beverage as defined in subdivision 35-1-1(1) if:
(1) The lodging and meals are in furtherance of the state's interests, concerns, and activities;
(2) The activities for which the lodging and meals are required fall within the scope of the
commission's or council's responsibilities; and
(3) The employee is performing official duties related to trade servicing or promotional
activities.
The authorization shall be made on a form prescribed by the Governor and supported by receipts
and shall accompany the claim filed pursuant to § 3-9-8. The provisions of this section
, sections 2
and 3 of this Act, and the amounts fixed by the State Board of Finance shall prevail notwithstanding
the provisions of other statutes, such as provision that a state officer or employee shall be paid or
reimbursed for his actual and necessary traveling expenses.
Upon the written request of a department or office head, the State Board of Finance may, through
a majority vote of its membership, grant relief from the per diem allowances for any officer or
employee who would otherwise suffer hardship from the board's rules while furthering the state's
interests, concerns, and activities.
Section 2. That chapter 3-9 be amended by adding thereto a NEW SECTION to read as follows:
The State Board of Finance may authorize reimbursement of the actual costs of lodging and
meals, excluding any alcoholic beverage as defined in subdivision 35-1-1(1), but including a gratuity
incurred by a state officer or employee in the performance of his or her duties, regardless of whether
the officer or employee is away from his or her place of residence or headquarters station, if:
(1) The lodging and meals are in furtherance of the state's interests, concerns, and activities;
(2) The activity for which the lodging and meal is required is related specifically to hosting
a prospect for any business development, trade, or tourism promotional activity; and
(3) The officer or employee is performing an official duty at the direction of the head of the
officer's or employee's department or office, which approval is certified in writing by the
department or office head, or by the Governor.
The authorization shall be made on a form prescribed by the Governor and supported by receipts
and the certification of the department or office head and shall accompany the claim filed pursuant
to § 3-9-8.
The reimbursement for a gratuity authorized by this section may either be a voluntary service
gratuity, not to exceed eighteen percent, or a mandatory service gratuity added to the bill by the
establishment, not to exceed twenty percent.
Section 3. That chapter 3-9 be amended by adding thereto a NEW SECTION to read as follows:
The State Board of Finance may authorize reimbursement of per diem to any state officer or
employee conducting state business at an event extending entirely through a meal time without
interruption, regardless of whether the officer or employee is away from his or her place of residence
or headquarters station. The reimbursement may be authorized only if the officer's or employee's
participation in the event is approved by the head of the officer's or employee's department or office,
and if the event includes provision of a meal for which the officer or employee is billed and the meal
is approved in writing by the department or office head, or by the Governor.
The authorization shall be made on a form prescribed by the Governor. A certification of the
approval of the department or office head shall accompany the claim filed pursuant to § 3-9-8.
Signed March 11, 2015
_______________
End Included file 5Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\024.wpd
Start Included file 7Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\025.wpd
CHAPTER 25
(HB 1007)
South Dakota Retirement System updated.
ENTITLED, An Act to revise and update certain provisions relating to the South Dakota Retirement
System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (3) of § 3-12-47 be amended to read as follows:
(3) "Actuarial equivalent," a benefit of equal value, including a three percent annual
improvement, when discounted at a seven percent rate of interest and the 1971 group
annuity mortality table, projected by Scale D to 1975, using a unisex rate that is fifty
percent male and fifty percent female for employees and beneficiaries. However, for
purposes of § 3-12-69.5, the 1971 group annuity mortality table, projected by Scale D to
1975 according to the sex of the payee, shall be used including the improvement factor
assumption adopted by the board, computed on the basis of interest rate and mortality
assumptions adopted by the board for purposes of the actuarial valuation. For purposes
of this definition, if the board adopts a select and ultimate rate of interest, the interest rate
is the ultimate rate. Also, for purposes of this definition, mortality shall be based on a
unisex rate that is fifty percent male and fifty percent female for employees and
beneficiaries, based on the mortality rates for retired employees and beneficiaries
including, if the board adopts a generational mortality table, projection of mortality
improvement to the calendar year containing the beginning of the plan year;
Section 2. That subdivision (9) of § 3-12-47 be amended to read as follows:
(9) "Approved actuary," any actuary who is a member of the American Academy of Actuaries
or an Associate or a Fellow of the Society of Actuaries or who has at least fifteen years
of service to major public employee funds who meets the qualification standards of the
American Academy of Actuaries to issue actuarial opinions regarding the system or any
firm retaining such an actuary on its staff and who is appointed by the board to perform
actuarial services;
Section 3. That subdivision (41A) of § 3-12-47 be amended to read as follows:
(41A) "Internal Revenue Code," or "code," the Internal Revenue Code as in effect as of the date
adopted by the board in rules promulgated pursuant to chapter 1-26 January 1, 2015;
Section 4. That § 3-12-63 be amended to read as follows:
3-12-63. Membership in the system shall exclude the following:
(1) All elective officers except justices and judges, unless such person elects and is otherwise
qualified to become a member of the system;
(2) All personnel in the Department of Labor and Regulation who were employed prior to
July 1, 1980, and who elect to remain participants in the retirement system provided by
chapter 61-2;
(3) State Cement Plant employees;
(4) The governing body of any participating county, municipality, or other political
subdivision; and
(5)(4) All personnel employed by the municipality of Sioux Falls prior to July 1, 2013.
However, any person employed prior to July 1, 2013, who separates from service with the
municipality of Sioux Falls and is subsequently rehired by the municipality of Sioux Falls
and begins working after June 30, 2013, as a permanent full-time employee as defined in
subdivision 3-12-47(54), shall be a member of the system.
Section 5. That ARSD 62:01:01:04 be repealed.
Signed February 12, 2015
_______________
End Included file 7Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\025.wpd
Start Included file 9Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\026.wpd
CHAPTER 26
(HB 1010)
Disability and surviving spouse benefits
for members of the South Dakota Retirement System revised.
ENTITLED, An Act to revise certain provisions relating to disability and surviving spouse benefits
for members of the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-12-95.5 be amended to read as follows:
3-12-95.5. If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a
contributing member who had 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 died while
performing usual duties for the employer and 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 2. That § 3-12-207 be amended to read as follows:
3-12-207. The disability benefit approved pursuant to § 3-12-206 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
§ 3-12-211 § 3-12-210.
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.
Signed February 12, 2015
_______________
End Included file 9Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\026.wpd
Start Included file ;Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\027.wpd
CHAPTER 27
(HB 1008)
Consistent refund methodology
for members of the South Dakota Retirement System.
ENTITLED, An Act to provide for a consistent refund methodology for members of the South
Dakota Retirement System and their beneficiaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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, after After all benefits currently or potentially payable under any provision of this
chapter have terminated, do not total to if the aggregate benefits paid to a member and the member's
surviving spouse and minor children are less than 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 amount by which the accumulated contributions and exceed 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 after
termination of employment, or to any nonvested member who dies after termination of employment.
Signed February 12, 2015
_______________
End Included file ;Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\027.wpd
Start Included file =Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\028.wpd
CHAPTER 28
(HB 1009)
Recovery limited for certain overpayments
made by the South Dakota Retirement System.
ENTITLED, An Act to limit the recovery of certain overpayments made by the South Dakota
Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-12-114 be amended to read as follows:
3-12-114. Should If any change or error in the records of the system or any participating unit
result results in any person receiving from the system more or less than he the person would have
been entitled to receive had the records been correct, the administrator shall correct such the error
and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the
benefit to which such to provide the person was the amount to which the person is correctly entitled
shall be paid.
If any change or error in the records of the system or any participating unit results in any person
receiving from the system more than the person would have been entitled to receive had the records
been correct, the administrator shall correct the error and, as far as practicable, shall recover the
overpayment to reflect the amount to which the person is correctly entitled. The board shall
promulgate rules, pursuant to chapter 1-26, concerning the methods by which an overpayment shall
be repaid, including an actuarial equivalent. However, the recovery of an overpayment is limited to
the amount attributable to any error that occurred during the six-year period immediately prior to the
discovery of the error. This limitation does not apply in the case of fraud, intentional
misrepresentation, material omission, or other fault on the part of a member or beneficiary.
Signed February 12, 2015
_______________
End Included file =Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\028.wpd
Start Included file ?Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\029.wpd
CHAPTER 29
(HB 1011)
Participants in the deferred compensation plan of the
South Dakota Retirement System may elect an automatic increase.
ENTITLED, An Act to provide for automatic increases in the accounts of automatically-enrolled
participants of the deferred compensation plan of the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-13-56 be amended to read as follows:
3-13-56. The board may establish an automatic enrollment feature within the plan by rules
promulgated pursuant to chapter 1-26 and § 3-13-54. Any automatic enrollment feature established
by the board shall include:
(1) A provision that automatic enrollment shall apply only to newly-employed members hired
after a specified future date;
(2) A provision that automatic enrollment shall apply only to the employees of those
participating units that choose the automatic enrollment feature for the unit's employees;
(3) A provision that automatic enrollment may not require more than an established
maximum contribution per month per automatically-enrolled participant;
(4) A provision that a participant who is automatically enrolled shall have as long as ninety
days after the start of employment to discontinue participation in the plan;
(5) A provision that an automatically-enrolled participant who discontinues participation in
the plan within ninety days of enrollment shall receive a refund of the participant's
account within thirty days after discontinuing participation;
(6) A provision that the state investment officer shall select a default investment fund to
receive contributions by any automatically-enrolled participant who does not choose an
investment alternative to receive the participant's contributions;
(7) A provision authorizing participating units and the system to make contributions to the
plan for the benefit of participants;
(8) A provision that the plan shall adhere to notice requirements to automatically-enrolled
participants in accord with Internal Revenue Service Rulings 98-30 and 2000-8; and
(9) A provision that automatic enrollment does not require advance authorization by a
participant, which is hereby deemed to be an exception to the provisions of any state law
requiring employee authorization for a payroll deduction or any similar ordinance of a
local participating unit; and
(10) A provision that the amount of compensation deferred by an automatically-enrolled
participant shall automatically increase by a specified amount each year unless the
participant elects not to participate in automatic escalation or elects to defer a different
amount than specified.
If a participant discontinues participation pursuant to subdivision (4), that act is a permissive
withdrawal pursuant to § 414(w) of the Internal Revenue Code.
Signed February 12, 2015
_______________
End Included file ?Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\029.wpd
Start Included file AY:\LMDATA\SESSIONS\90-2015\SESSIO~1\030.wpd
CHAPTER 30
(HB 1064)
Self-dealing prohibited and regulated.
ENTITLED, An Act to prohibit unlawful self-dealing by state officers and employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. A state officer or employee may not solicit nor accept any gift, favor, reward, service,
or promise of reward, including a promise of future employment, in exchange for recommending,
influencing, or attempting to influence the award of or the terms of a contract by the state agency the
officer or employee serves.
Section 2. That § 5-18A-17 be amended to read as follows:
5-18A-17. No state officer or employee who approves, awards, or administers a contract
involving the expenditure of public funds or the sale or lease of property on behalf of a state agency,
may have an interest in a contract or derive a direct benefit from a contract that is within the scope
of the officer's or employee's official duties, nor for a one-year period following the end of their
employment or position as a state officer may the officer or employee derive a direct benefit as a
result of such contract except as provided in section 4 of this Act. In addition, no such officer or
employee may enter into any contract, other than a contract of employment, with any state agency
for a period of one year following their leaving office or employment except as provided in section
5 of this Act. This prohibition includes any state officer or employee who, in his or her official
capacity, recommends the approval or award of the contract or who supervises a person who
approves, awards, or administers the contract. This prohibition does not include any state officer who
serves without compensation or who may be paid per diem pursuant to § 4-7-10.4. Any contract
made in violation of this section is void. Any state officer or employee who knowingly violates this
section is guilty of a Class 2 misdemeanor.
Section 3. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
A state officer or employee derives a direct benefit from a contract if the state officer or
employee, the officer's or employee's spouse, or other persons with whom the state officer or
employee lives and commingles assets:
(1) Has more than a five percent ownership or other interest in an entity that is a party to the
contract;
(2) Derives income, compensation, or commission directly from the contract or from the
entity that is a party to the contract;
(3) Acquires property under the contract; or
(4) Serves on the board of directors of a for-profit entity that derives income or commission
directly from the contract or acquires property under the contract.
A state officer or employee does not derive a direct benefit from a contract based solely on the
value associated with the officer's or employee's investments or holdings, or the investments or
holdings of other persons with whom the state officer or employee lives and commingles assets.
Section 4. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
A governing body may authorize an officer or employee whose responsibilities include
approving, awarding, or administering a contract on behalf of a state agency or supervising any
employee who has these responsibilities to be a party to or derive a direct benefit from a contract if:
(1) The officer or employee has provided full written disclosure to the governing body;
(2) The governing body has reviewed the essential terms of the transaction or contract and
the state officer's or employee's role in the contract or transaction; and
(3) The transaction and the terms of the contract are fair, reasonable, and not contrary to the
public interest.
The authorization shall be in writing. Any authorization given pursuant to this section is a public
record. Each authorization shall be filed with the commissioner of the Bureau of Human Resources,
who shall compile the authorizations and present them annually for review by the Government
Operations and Audit Committee.
Section 5. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
Within the one-year period prohibiting any contract with a state agency, the governing body of
the state agency may approve a former officer or employee to contract with any state agency if the
governing body determines that the transaction and the terms of the contract are fair, reasonable, and
are in the best interests of the public. The authorization shall be in writing.
Any approval given pursuant to this section is a public record. Each approval shall be filed with
the commissioner of the Bureau of Human Resources, who shall compile the approvals and present
them annually for review by the Government Operations and Audit Committee.
Section 6. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
A state officer or employee who knowingly violates the provisions of section 1 or section 2 of
this Act commits malfeasance in office. The state officer or employee shall be removed from office
or employment and such person is guilty of a Class 1 misdemeanor. Any benefit to a person or entity
derived from the person's knowing violation of section 1 or section 2 of this Act is subject to
forfeiture. Any contract made in violation of section 1 or section 2 of this Act is voidable by the
governing body.
Section 7. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
Nothing in this Act affects a specific conflict of interest prohibition that applies to specific
employees.
Section 8. That chapter 5-18A be amended by adding thereto a NEW SECTION to read as
follows:
The terms used in this Act mean:
(1) "State agency," each board, commission, committee, council, department, division, office,
task force, or agency of state government. The term, state agency, does not include any
authority created by the Legislature or executive order;
(2) "State officer," a person who is elected or appointed to serve a state agency. The term
does not include a member of the Legislature, a person who serves without compensation,
or a person who is only paid per diem in accordance with § 4-7-10.4;
(3) "Governing body," the Executive Board of the Legislative Research Council, the Supreme
Court, the Board of Regents, the Public Utilities Commission, each constitutional officer,
the Board of Trustees of the South Dakota Retirement System, the State Investment
Council, or the Governor;
(4) "Administer a contract," decision making or substantive influence on the decision making
concerning the manner, method, or means of a contract's performance or enforcement
such as the ability to terminate, suspend, change terms, or evaluate the counter-party's
performance under the contract. The term does not include review and approval of
contract documents for matters of style and form or conformity with authorizing
legislation or rule, mere clerical tasks such as posting, making, or reconciling payments
or accounts under the contract, collecting or reporting fiscal data or other information in
relation to the contract's performance, or relaying substantive decisions made by another
person or body as to the manner, method, or means of a contract's performance or
enforcement.
Signed March 11, 2015
_______________
End Included file AY:\LMDATA\SESSIONS\90-2015\SESSIO~1\030.wpd
PUBLIC FISCAL ADMINISTRATION
_______________
Start Included file CY:\LMDATA\SESSIONS\90-2015\SESSIO~1\031.wpd
CHAPTER 31
(HB 1208)
Appropriate money for the ordinary expenses of the state.
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, 2016.
|
|
|
|
GENERAL
|
FEDERAL
|
OTHER
|
TOTAL
|
|
|
|
|
FUNDS
|
FUNDS
|
FUNDS
|
FUNDS
|
|
|
|
|
|
|
|
|
|
SECTION 2. DEPARTMENT OF EXECUTIVE MANAGEMENT
|
|
|
|
(1)
|
Office of the Governor
|
|
|
|
|
|
|
|
Personal Services
|
$1,807,389
|
$231,727
|
$0
|
$2,039,116
|
|
|
|
Operating Expenses
|
$409,605
|
$46,894
|
$0
|
$456,499
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,216,994
|
$278,621
|
$0
|
$2,495,615
|
|
|
|
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
|
$1,649,175
|
$528,539
|
$632,065
|
$2,809,779
|
|
|
|
Operating Expenses
|
$850,439
|
$11,160,233
|
$33,545,212
|
$45,555,884
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,499,614
|
$11,688,772
|
$34,177,277
|
$48,365,663
|
|
|
|
F.T.E.
|
|
|
|
40.6
|
|
|
|
|
|
|
|
|
|
(4)
|
Office of Research Commerce
|
|
|
|
|
|
|
|
Personal Services
|
$173,861
|
$0
|
$0
|
$173,861
|
|
|
|
Operating Expenses
|
$3,689,668
|
$0
|
$500,000
|
$4,189,668
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$3,863,529
|
$0
|
$500,000
|
$4,363,529
|
|
|
|
F.T.E.
|
|
|
|
2.0
|
|
|
|
|
|
|
|
|
|
(5)
|
SD Housing Development Authority--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$1,455,579
|
$3,238,688
|
$4,694,267
|
|
|
|
Operating Expenses
|
$0
|
$679,308
|
$6,838,212
|
$7,517,520
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$2,134,887
|
$10,076,900
|
$12,211,787
|
|
|
|
F.T.E.
|
|
|
|
65.0
|
|
|
|
|
|
|
|
|
|
(6)
|
SD Science and Technology Authority--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,935,386
|
$2,935,386
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$6,230,000
|
$6,230,000
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$9,165,386
|
$9,165,386
|
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
|
|
(7)
|
SD Energy Infrastructure Authority--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$27,366
|
$27,366
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$31,606
|
$31,606
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$58,972
|
$58,972
|
|
|
|
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
|
$7,000,000
|
$7,000,000
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$7,000,000
|
$7,000,000
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(10)
|
Lieutenant Governor
|
|
|
|
|
|
|
|
Personal Services
|
$20,843
|
$0
|
$0
|
$20,843
|
|
|
|
Operating Expenses
|
$13,268
|
$0
|
$0
|
$13,268
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$34,111
|
$0
|
$0
|
$34,111
|
|
|
|
F.T.E.
|
|
|
|
0.5
|
|
|
|
|
|
|
|
|
|
(11)
|
Bureau of Finance and Management (BFM)
|
|
|
|
|
|
|
Personal Services
|
$662,937
|
$0
|
$2,361,932
|
$3,024,869
|
|
|
|
Operating Expenses
|
$217,921
|
$0
|
$2,486,489
|
$2,704,410
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$880,858
|
$0
|
$4,848,421
|
$5,729,279
|
|
|
|
F.T.E.
|
|
|
|
36.0
|
|
|
|
|
|
|
|
|
|
(12)
|
Sale Leaseback, BFM
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$4,500,000
|
$0
|
$0
|
$4,500,000
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,500,000
|
$0
|
$0
|
$4,500,000
|
|
|
|
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
|
$2,500
|
$2,500
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$516,546
|
$516,546
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$519,046
|
$519,046
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(15)
|
Health & Education Facilities Authority--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$490,513
|
$490,513
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$226,293
|
$226,293
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$716,806
|
$716,806
|
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
|
(16A)
|
Employee Compensation Pool
|
|
|
|
|
|
|
|
Personal Services
|
$9,979,624
|
$5,016,808
|
$11,200,009
|
$26,196,441
|
|
|
|
Operating Expenses
|
$271,789
|
$53,387
|
$0
|
$325,176
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$10,251,413
|
$5,070,195
|
$11,200,009
|
$26,521,617
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(16B)
|
Bureau Billings Pool
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$1,265,471
|
$711,423
|
$2,012,508
|
$3,989,402
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,265,471
|
$711,423
|
$2,012,508
|
$3,989,402
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(16C)
|
Captive Insurance Pool
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$592,982
|
$385,944
|
$751,224
|
$1,730,150
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$592,982
|
$385,944
|
$751,224
|
$1,730,150
|
|
|
|
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
|
$366,875
|
$366,875
|
|
|
|
Operating Expenses
|
$683
|
$0
|
$107,208
|
$107,891
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$683
|
$0
|
$474,083
|
$474,766
|
|
|
|
F.T.E.
|
|
|
|
3.5
|
|
|
|
|
|
|
|
|
|
(19)
|
Sale Leaseback (BFM/BOA)
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$318,688
|
$0
|
$0
|
$318,688
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$318,688
|
$0
|
$0
|
$318,688
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(20)
|
Central Services
|
|
|
|
|
|
|
|
Personal Services
|
$181,890
|
$0
|
$6,648,974
|
$6,830,864
|
|
|
|
Operating Expenses
|
$208,503
|
$0
|
$16,363,414
|
$16,571,917
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$390,393
|
$0
|
$23,012,388
|
$23,402,781
|
|
|
|
F.T.E.
|
|
|
|
138.5
|
|
|
|
|
|
|
|
|
|
(21)
|
State Engineer
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,025,627
|
$1,025,627
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$219,732
|
$219,732
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,245,359
|
$1,245,359
|
|
|
|
F.T.E.
|
|
|
|
14.0
|
|
|
|
|
|
|
|
|
|
(22)
|
Statewide Maintenance and Repair
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$10,858,549
|
$500,000
|
$3,089,246
|
$14,447,795
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$10,858,549
|
$500,000
|
$3,089,246
|
$14,447,795
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(23)
|
Office of Hearing Examiners
|
|
|
|
|
|
|
|
Personal Services
|
$250,667
|
$0
|
$0
|
$250,667
|
|
|
|
Operating Expenses
|
$69,747
|
$0
|
$0
|
$69,747
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$320,414
|
$0
|
$0
|
$320,414
|
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
|
(24)
|
PEPL Fund Administration--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$497,025
|
$497,025
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,434,067
|
$3,434,067
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,931,092
|
$3,931,092
|
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
|
(25)
|
PEPL Fund Claims--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,222,898
|
$2,222,898
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,222,898
|
$2,222,898
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(25A)
|
Obligation Recovery Center
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$450,000
|
$0
|
$0
|
$450,000
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$450,000
|
$0
|
$0
|
$450,000
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(26)
|
Data Centers, Bureau of Information and Telecommunications (BIT)
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$5,110,607
|
$5,110,607
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$4,304,067
|
$4,304,067
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$9,414,674
|
$9,414,674
|
|
|
|
F.T.E.
|
|
|
|
64.0
|
|
|
|
|
|
|
|
|
|
(27)
|
Development
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$12,003,615
|
$12,003,615
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,970,701
|
$1,970,701
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$13,974,316
|
$13,974,316
|
|
|
|
F.T.E.
|
|
|
|
153.0
|
|
|
|
|
|
|
|
|
|
(28)
|
Telecommunications Services
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$6,677,602
|
$6,677,602
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$9,932,950
|
$9,932,950
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$16,610,552
|
$16,610,552
|
|
|
|
F.T.E.
|
|
|
|
87.0
|
|
|
|
|
|
|
|
|
|
(29)
|
South Dakota Public Broadcasting
|
|
|
|
|
|
|
Personal Services
|
$2,646,527
|
$0
|
$894,110
|
$3,540,637
|
|
|
|
Operating Expenses
|
$1,226,745
|
$1,098,807
|
$2,709,156
|
$5,034,708
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$3,873,272
|
$1,098,807
|
$3,603,266
|
$8,575,345
|
|
|
|
F.T.E.
|
|
|
|
59.5
|
|
|
|
|
|
|
|
|
|
(30)
|
BIT Administration
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$2,907
|
$1,491,735
|
$1,494,642
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$305,633
|
$305,633
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$2,907
|
$1,797,368
|
$1,800,275
|
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
|
(31)
|
State Radio Engineering
|
|
|
|
|
|
|
|
Personal Services
|
$656,979
|
$127,952
|
$11,389
|
$796,320
|
|
|
|
Operating Expenses
|
$2,138,647
|
$395,337
|
$143,927
|
$2,677,911
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,795,626
|
$523,289
|
$155,316
|
$3,474,231
|
|
|
|
F.T.E.
|
|
|
|
11.0
|
|
|
|
|
|
|
|
|
|
(32)
|
Personnel Management and Employee Benefits (BHR)
|
|
|
|
|
|
|
Personal Services
|
$202,720
|
$0
|
$4,321,026
|
$4,523,746
|
|
|
|
Operating Expenses
|
$60,039
|
$0
|
$1,864,656
|
$1,924,695
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$262,759
|
$0
|
$6,185,682
|
$6,448,441
|
|
|
|
F.T.E.
|
|
|
|
71.7
|
|
|
|
|
|
|
|
|
|
(33)
|
South Dakota Risk Pool
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$103,660
|
$103,660
|
|
|
|
Operating Expenses
|
$0
|
$50,000
|
$500,000
|
$550,000
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$50,000
|
$603,660
|
$653,660
|
|
|
|
F.T.E.
|
|
|
|
1.8
|
|
|
|
|
|
|
|
|
|
(34)
|
South Dakota Risk Pool Reserve
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$0
|
$0
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$0
|
$0
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(35)
|
DEPARTMENT TOTAL, EXECUTIVE MANAGEMENT
|
|
|
|
|
|
Personal Services
|
$18,232,612
|
$7,363,512
|
$60,040,704
|
$85,636,828
|
|
|
|
Operating Expenses
|
$27,217,744
|
$15,081,333
|
$110,081,186
|
$152,380,263
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$45,450,356
|
$22,444,845
|
$170,121,890
|
$238,017,091
|
|
|
|
F.T.E.
|
|
|
|
833.6
|
|
|
|
|
|
|
|
|
|
SECTION 3. DEPARTMENT OF REVENUE
|
|
|
|
|
(1)
|
Administration, Secretary of Revenue
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,012,749
|
$2,012,749
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,545,399
|
$1,545,399
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,558,148
|
$3,558,148
|
|
|
|
F.T.E.
|
|
|
|
28.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Business Tax
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$3,445,825
|
$3,445,825
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$873,949
|
$873,949
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,319,774
|
$4,319,774
|
|
|
|
F.T.E.
|
|
|
|
57.5
|
|
|
|
|
|
|
|
|
|
(3)
|
Motor Vehicles
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,270,315
|
$2,270,315
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$6,372,282
|
$6,372,282
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$8,642,597
|
$8,642,597
|
|
|
|
F.T.E.
|
|
|
|
46.0
|
|
|
|
|
|
|
|
|
|
(4)
|
Property and Special Taxes
|
|
|
|
|
|
|
|
Personal Services
|
$967,449
|
$0
|
$0
|
$967,449
|
|
|
|
Operating Expenses
|
$261,546
|
$0
|
$0
|
$261,546
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,228,995
|
$0
|
$0
|
$1,228,995
|
|
|
|
F.T.E.
|
|
|
|
15.0
|
|
|
|
|
|
|
|
|
|
(5)
|
Audits
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$3,835,365
|
$3,835,365
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$588,888
|
$588,888
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,424,253
|
$4,424,253
|
|
|
|
F.T.E.
|
|
|
|
55.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Instant and On-line Operation--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,362,082
|
$1,362,082
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$36,909,173
|
$36,909,173
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$38,271,255
|
$38,271,255
|
|
|
|
F.T.E.
|
|
|
|
21.0
|
|
|
|
|
|
|
|
|
|
(7)
|
Video Lottery
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$628,301
|
$628,301
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,956,133
|
$1,956,133
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,584,434
|
$2,584,434
|
|
|
|
F.T.E.
|
|
|
|
10.0
|
|
|
|
|
|
|
|
|
|
(8)
|
Commission on Gaming--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,002,775
|
$1,002,775
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$9,606,649
|
$9,606,649
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$10,609,424
|
$10,609,424
|
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
|
(9)
|
DEPARTMENT TOTAL, REVENUE
|
|
|
|
|
|
|
Personal Services
|
$967,449
|
$0
|
$14,557,412
|
$15,524,861
|
|
|
|
Operating Expenses
|
$261,546
|
$0
|
$57,852,473
|
$58,114,019
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,228,995
|
$0
|
$72,409,885
|
$73,638,880
|
|
|
|
F.T.E.
|
|
|
|
248.5
|
|
|
|
|
|
|
|
|
|
SECTION 4. DEPARTMENT OF AGRICULTURE
|
|
|
|
|
(1)
|
Administration, Secretary of Agriculture
|
|
|
|
|
|
|
Personal Services
|
$657,801
|
$41,337
|
$75,109
|
$774,247
|
|
|
|
Operating Expenses
|
$177,603
|
$16,787
|
$93,804
|
$288,194
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$835,404
|
$58,124
|
$168,913
|
$1,062,441
|
|
|
|
F.T.E.
|
|
|
|
9.5
|
|
|
|
|
|
|
|
|
|
(2)
|
Agricultural Services and Assistance
|
|
|
|
|
|
|
Personal Services
|
$1,341,378
|
$1,871,458
|
$1,112,650
|
$4,325,486
|
|
|
|
Operating Expenses
|
$555,408
|
$1,982,834
|
$1,970,450
|
$4,508,692
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,896,786
|
$3,854,292
|
$3,083,100
|
$8,834,178
|
|
|
|
F.T.E.
|
|
|
|
83.1
|
|
|
|
|
|
|
|
|
|
(3)
|
Agricultural Development and Promotion
|
|
|
|
|
|
|
Personal Services
|
$1,216,786
|
$459,198
|
$156,971
|
$1,832,955
|
|
|
|
Operating Expenses
|
$451,914
|
$1,237,395
|
$765,955
|
$2,455,264
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,668,700
|
$1,696,593
|
$922,926
|
$4,288,219
|
|
|
|
F.T.E.
|
|
|
|
27.8
|
|
|
|
|
|
|
|
|
|
(4)
|
Animal Industry Board
|
|
|
|
|
|
|
|
Personal Services
|
$1,658,234
|
$1,039,692
|
$129,305
|
$2,827,231
|
|
|
|
Operating Expenses
|
$338,264
|
$620,551
|
$141,640
|
$1,100,455
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,996,498
|
$1,660,243
|
$270,945
|
$3,927,686
|
|
|
|
F.T.E.
|
|
|
|
41.0
|
|
|
|
|
|
|
|
|
|
(5)
|
American Dairy Association--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,210,900
|
$2,210,900
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,210,900
|
$2,210,900
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Wheat Commission--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$217,403
|
$217,403
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,831,340
|
$1,831,340
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,048,743
|
$2,048,743
|
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
|
(7)
|
Oilseeds Council--Informational
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,205
|
$1,205
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$369,918
|
$369,918
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$371,123
|
$371,123
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(8)
|
Soybean Research and Promotion Council--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$497,944
|
$497,944
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$10,523,356
|
$10,523,356
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$11,021,300
|
$11,021,300
|
|
|
|
F.T.E.
|
|
|
|
8.0
|
|
|
|
|
|
|
|
|
|
(9)
|
Brand Board--Informational
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,412,817
|
$1,412,817
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$500,823
|
$500,823
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,913,640
|
$1,913,640
|
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
|
|
(10)
|
Corn Utilization Council--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$143,141
|
$143,141
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$5,744,903
|
$5,744,903
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$5,888,044
|
$5,888,044
|
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
|
|
(11)
|
Board of Veterinary Medicine Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,522
|
$2,522
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$56,499
|
$56,499
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$59,021
|
$59,021
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(12)
|
Pulse Crops Council--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$715
|
$715
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$23,000
|
$23,000
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$23,715
|
$23,715
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(13)
|
State Fair
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$826,059
|
$826,059
|
|
|
|
Operating Expenses
|
$269,845
|
$0
|
$1,965,395
|
$2,235,240
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$269,845
|
$0
|
$2,791,454
|
$3,061,299
|
|
|
|
F.T.E.
|
|
|
|
19.5
|
|
|
|
|
|
|
|
|
|
(14)
|
DEPARTMENT TOTAL, AGRICULTURE
|
|
|
|
|
|
|
Personal Services
|
$4,874,199
|
$3,411,685
|
$4,575,841
|
$12,861,725
|
|
|
|
Operating Expenses
|
$1,793,034
|
$3,857,567
|
$26,197,983
|
$31,848,584
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$6,667,233
|
$7,269,252
|
$30,773,824
|
$44,710,309
|
|
|
|
F.T.E.
|
|
|
|
225.9
|
|
|
|
|
|
|
|
|
|
SECTION 5. DEPARTMENT OF TOURISM
|
|
|
|
|
(1)
|
Tourism
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,626,697
|
$1,626,697
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$12,028,624
|
$12,028,624
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$13,655,321
|
$13,655,321
|
|
|
|
F.T.E.
|
|
|
|
25.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Arts
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$249,002
|
$249,002
|
|
|
|
Operating Expenses
|
$0
|
$878,000
|
$572,819
|
$1,450,819
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$878,000
|
$821,821
|
$1,699,821
|
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
|
(3)
|
History
|
|
|
|
|
|
|
|
Personal Services
|
$920,724
|
$387,548
|
$1,255,103
|
$2,563,375
|
|
|
|
Operating Expenses
|
$1,018,334
|
$543,037
|
$1,492,228
|
$3,053,599
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,939,058
|
$930,585
|
$2,747,331
|
$5,616,974
|
|
|
|
F.T.E.
|
|
|
|
44.0
|
|
|
|
|
|
|
|
|
|
(4)
|
DEPARTMENT TOTAL, TOURISM
|
|
|
|
|
|
|
Personal Services
|
$920,724
|
$387,548
|
$3,130,802
|
$4,439,074
|
|
|
|
Operating Expenses
|
$1,018,334
|
$1,421,037
|
$14,093,671
|
$16,533,042
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$1,939,058
|
$1,808,585
|
$17,224,473
|
$20,972,116
|
|
|
|
F.T.E.
|
|
|
|
72.0
|
|
|
|
|
|
|
|
|
|
SECTION 6. DEPARTMENT OF GAME, FISH AND PARKS
|
|
|
|
|
(1)
|
Administration, Secretary of Game, Fish and Parks
|
|
|
|
|
|
|
Personal Services
|
$122,892
|
$0
|
$1,569,002
|
$1,691,894
|
|
|
|
Operating Expenses
|
$823,172
|
$0
|
$706,719
|
$1,529,891
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$946,064
|
$0
|
$2,275,721
|
$3,221,785
|
|
|
|
F.T.E.
|
|
|
|
20.1
|
|
|
|
|
|
|
|
|
|
(2)
|
Wildlife--Informational
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$3,764,471
|
$14,077,705
|
$17,842,176
|
|
|
|
Operating Expenses
|
$0
|
$13,522,288
|
$15,165,496
|
$28,687,784
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$17,286,759
|
$29,243,201
|
$46,529,960
|
|
|
|
F.T.E.
|
|
|
|
295.0
|
|
|
|
|
|
|
|
|
|
(3)
|
Wildlife, Development and Improvement--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$0
|
$868,750
|
$261,250
|
$1,130,000
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$868,750
|
$261,250
|
$1,130,000
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(4)
|
State Parks and Recreation
|
|
|
|
|
|
|
|
Personal Services
|
$2,526,907
|
$883,337
|
$6,673,737
|
$10,083,981
|
|
|
|
Operating Expenses
|
$1,603,376
|
$2,518,222
|
$7,635,649
|
$11,757,247
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,130,283
|
$3,401,559
|
$14,309,386
|
$21,841,228
|
|
|
|
F.T.E.
|
|
|
|
244.2
|
|
|
|
|
|
|
|
|
|
(5)
|
State Parks and Recreation, Development and Improvement
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$0
|
$4,388,613
|
$3,823,887
|
$8,212,500
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$4,388,613
|
$3,823,887
|
$8,212,500
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Snowmobile Trails--Informational
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$378,601
|
$378,601
|
|
|
|
Operating Expenses
|
$0
|
$176,000
|
$806,731
|
$982,731
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$176,000
|
$1,185,332
|
$1,361,332
|
|
|
|
F.T.E.
|
|
|
|
9.1
|
|
|
|
|
|
|
|
|
|
(7)
|
DEPARTMENT TOTAL, GAME, FISH AND PARKS
|
|
|
|
|
|
|
Personal Services
|
$2,649,799
|
$4,647,808
|
$22,699,045
|
$29,996,652
|
|
|
|
Operating Expenses
|
$2,426,548
|
$21,473,873
|
$28,399,732
|
$52,300,153
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$5,076,347
|
$26,121,681
|
$51,098,777
|
$82,296,805
|
|
|
|
F.T.E.
|
|
|
|
568.4
|
|
|
|
|
|
|
|
|
|
SECTION 7. DEPARTMENT OF TRIBAL RELATIONS
|
|
|
|
|
(1)
|
Office of Tribal Relations
|
|
|
|
|
|
|
|
Personal Services
|
$344,353
|
$0
|
$0
|
$344,353
|
|
|
|
Operating Expenses
|
$98,098
|
$0
|
$20,000
|
$118,098
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$442,451
|
$0
|
$20,000
|
$462,451
|
|
|
|
F.T.E.
|
|
|
|
5.0
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, TRIBAL RELATIONS
|
|
|
|
|
|
|
Personal Services
|
$344,353
|
$0
|
$0
|
$344,353
|
|
|
|
Operating Expenses
|
$98,098
|
$0
|
$20,000
|
$118,098
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$442,451
|
$0
|
$20,000
|
$462,451
|
|
|
|
F.T.E.
|
|
|
|
5.0
|
|
|
|
|
|
|
|
|
|
SECTION 8. DEPARTMENT OF SOCIAL SERVICES
|
|
|
|
|
(1)
|
Administration, Secretary of Social Services
|
|
|
|
|
|
|
Personal Services
|
$4,267,669
|
$5,511,702
|
$9,826
|
$9,789,197
|
|
|
|
Operating Expenses
|
$4,428,034
|
$15,535,018
|
$9,269
|
$19,972,321
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$8,695,703
|
$21,046,720
|
$19,095
|
$29,761,518
|
|
|
|
F.T.E.
|
|
|
|
182.7
|
|
|
|
|
|
|
|
|
|
(2)
|
Economic Assistance
|
|
|
|
|
|
|
|
Personal Services
|
$7,848,386
|
$10,894,433
|
$23,280
|
$18,766,099
|
|
|
|
Operating Expenses
|
$17,324,734
|
$49,654,952
|
$317,023
|
$67,296,709
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$25,173,120
|
$60,549,385
|
$340,303
|
$86,062,808
|
|
|
|
F.T.E.
|
|
|
|
320.5
|
|
|
|
|
|
|
|
|
|
(3)
|
Medical and Adult Services
|
|
|
|
|
|
|
|
Personal Services
|
$3,031,993
|
$6,331,364
|
$163,655
|
$9,527,012
|
|
|
|
Operating Expenses
|
$306,330,539
|
$451,444,171
|
$1,624,515
|
$759,399,225
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$309,362,532
|
$457,775,535
|
$1,788,170
|
$768,926,237
|
|
|
|
F.T.E.
|
|
|
|
151.0
|
|
|
|
|
|
|
|
|
|
(4)
|
Children's Services
|
|
|
|
|
|
|
|
Personal Services
|
$11,436,844
|
$9,700,761
|
$1,612,809
|
$22,750,414
|
|
|
|
Operating Expenses
|
$32,030,441
|
$37,378,548
|
$3,039,694
|
$72,448,683
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$43,467,285
|
$47,079,309
|
$4,652,503
|
$95,199,097
|
|
|
|
F.T.E.
|
|
|
|
353.8
|
|
|
|
|
|
|
|
|
|
(5)
|
Behavioral Health
|
|
|
|
|
|
|
|
Personal Services
|
$29,315,328
|
$9,930,678
|
$1,469,986
|
$40,715,992
|
|
|
|
Operating Expenses
|
$44,807,914
|
$28,445,653
|
$1,387,920
|
$74,641,487
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$74,123,242
|
$38,376,331
|
$2,857,906
|
$115,357,479
|
|
|
|
F.T.E.
|
|
|
|
647.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Board of Counselor Examiners--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,878
|
$2,878
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$89,931
|
$89,931
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$92,809
|
$92,809
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(7)
|
Board of Psychology Examiners--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$3,500
|
$3,500
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$73,205
|
$73,205
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$76,705
|
$76,705
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(8)
|
Board of Social Work Examiners--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,911
|
$2,911
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$98,658
|
$98,658
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$101,569
|
$101,569
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(9)
|
Board of Addiction and Prevention Professionals--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$104,767
|
$104,767
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$57,836
|
$57,836
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$162,603
|
$162,603
|
|
|
|
F.T.E.
|
|
|
|
1.3
|
|
|
|
|
|
|
|
|
|
(10)
|
DEPARTMENT TOTAL, SOCIAL SERVICES
|
|
|
|
|
|
|
Personal Services
|
$55,900,220
|
$42,368,938
|
$3,393,612
|
$101,662,770
|
|
|
|
Operating Expenses
|
$404,921,662
|
$582,458,342
|
$6,698,051
|
$994,078,055
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$460,821,882
|
$624,827,280
|
$10,091,663
|
$1,095,740,825
|
|
|
|
F.T.E.
|
|
|
|
1,656.3
|
|
|
|
|
|
|
|
|
|
SECTION 9. DEPARTMENT OF HEALTH
|
|
|
|
|
(1)
|
Administration, Secretary of Health
|
|
|
|
|
|
|
Personal Services
|
$703,745
|
$966,615
|
$594,368
|
$2,264,728
|
|
|
|
Operating Expenses
|
$201,366
|
$836,885
|
$865,758
|
$1,904,009
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$905,111
|
$1,803,500
|
$1,460,126
|
$4,168,737
|
|
|
|
F.T.E.
|
|
|
|
32.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Health Systems Development and Regulation
|
|
|
|
|
|
|
Personal Services
|
$1,607,790
|
$3,354,403
|
$62,385
|
$5,024,578
|
|
|
|
Operating Expenses
|
$1,248,783
|
$6,544,587
|
$3,085,361
|
$10,878,731
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,856,573
|
$9,898,990
|
$3,147,746
|
$15,903,309
|
|
|
|
F.T.E.
|
|
|
|
62.5
|
|
|
|
|
|
|
|
|
|
(3)
|
Health and Medical Services
|
|
|
|
|
|
|
|
Personal Services
|
$2,148,720
|
$9,599,211
|
$1,308,907
|
$13,056,838
|
|
|
|
Operating Expenses
|
$2,004,530
|
$15,919,633
|
$4,621,843
|
$22,546,006
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,153,250
|
$25,518,844
|
$5,930,750
|
$35,602,844
|
|
|
|
F.T.E.
|
|
|
|
188.5
|
|
|
|
|
|
|
|
|
|
(4)
|
Laboratory Services
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$581,959
|
$1,400,393
|
$1,982,352
|
|
|
|
Operating Expenses
|
$0
|
$2,688,123
|
$1,881,810
|
$4,569,933
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$3,270,082
|
$3,282,203
|
$6,552,285
|
|
|
|
F.T.E.
|
|
|
|
28.0
|
|
|
|
|
|
|
|
|
|
(5)
|
Correctional Health
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$6,913,687
|
$6,913,687
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$12,653,143
|
$12,653,143
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$19,566,830
|
$19,566,830
|
|
|
|
F.T.E.
|
|
|
|
87.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Tobacco Prevention
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$230,450
|
$0
|
$230,450
|
|
|
|
Operating Expenses
|
$0
|
$1,311,963
|
$4,500,038
|
$5,812,001
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$1,542,413
|
$4,500,038
|
$6,042,451
|
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
|
(7)
|
Board of Chiropractic Examiners--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$60,150
|
$60,150
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$48,426
|
$48,426
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$108,576
|
$108,576
|
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
|
|
(8)
|
Board of Dentistry--Informational
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$9,493
|
$9,493
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$302,510
|
$302,510
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$312,003
|
$312,003
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(9)
|
Board of Hearing Aid Dispensers--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,158
|
$1,158
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$23,703
|
$23,703
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$24,861
|
$24,861
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(10)
|
Board of Funeral Service--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$8,973
|
$8,973
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$64,472
|
$64,472
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$73,445
|
$73,445
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(11)
|
Board of Medical and Osteopathic Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$395,675
|
$395,675
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$615,818
|
$615,818
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,011,493
|
$1,011,493
|
|
|
|
F.T.E.
|
|
|
|
7.0
|
|
|
|
|
|
|
|
|
|
(12)
|
Board of Nursing--Informational
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$638,255
|
$638,255
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$576,194
|
$576,194
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,214,449
|
$1,214,449
|
|
|
|
F.T.E.
|
|
|
|
9.0
|
|
|
|
|
|
|
|
|
|
(13)
|
Board of Nursing Home Administrators--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,247
|
$2,247
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$55,087
|
$55,087
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$57,334
|
$57,334
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(14)
|
Board of Optometry--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,463
|
$1,463
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$55,119
|
$55,119
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$56,582
|
$56,582
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(15)
|
Board of Pharmacy--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$68,517
|
$417,260
|
$485,777
|
|
|
|
Operating Expenses
|
$0
|
$133,794
|
$437,875
|
$571,669
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$202,311
|
$855,135
|
$1,057,446
|
|
|
|
F.T.E.
|
|
|
|
5.2
|
|
|
|
|
|
|
|
|
|
(16)
|
Board of Podiatry Examiners--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$276
|
$276
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$21,194
|
$21,194
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$21,470
|
$21,470
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(17)
|
Board of Massage Therapy--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,300
|
$2,300
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$78,640
|
$78,640
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$80,940
|
$80,940
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(18)
|
Board of Speech-Language Pathology--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,070
|
$1,070
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$44,992
|
$44,992
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$46,062
|
$46,062
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(19)
|
DEPARTMENT TOTAL, HEALTH
|
|
|
|
|
|
|
Personal Services
|
$4,460,255
|
$14,801,155
|
$11,818,060
|
$31,079,470
|
|
|
|
Operating Expenses
|
$3,454,679
|
$27,434,985
|
$29,931,983
|
$60,821,647
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$7,914,934
|
$42,236,140
|
$41,750,043
|
$91,901,117
|
|
|
|
F.T.E.
|
|
|
|
423.2
|
|
|
|
|
|
|
|
|
|
SECTION 10. DEPARTMENT OF LABOR AND REGULATION
|
|
|
|
(1)
|
Administration, Secretary of Labor
|
|
|
|
|
|
|
Personal Services
|
$0
|
$3,159,024
|
$153,124
|
$3,312,148
|
|
|
|
Operating Expenses
|
$605,033
|
$15,784,794
|
$86,033
|
$16,475,860
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$605,033
|
$18,943,818
|
$239,157
|
$19,788,008
|
|
|
|
F.T.E.
|
|
|
|
53.5
|
|
|
|
|
|
|
|
|
|
(2)
|
Unemployment Insurance Services
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$5,022,400
|
$0
|
$5,022,400
|
|
|
|
Operating Expenses
|
$0
|
$675,724
|
$0
|
$675,724
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$5,698,124
|
$0
|
$5,698,124
|
|
|
|
F.T.E.
|
|
|
|
92.0
|
|
|
|
|
|
|
|
|
|
(3)
|
Field Operations
|
|
|
|
|
|
|
|
Personal Services
|
$166,391
|
$10,293,767
|
$0
|
$10,460,158
|
|
|
|
Operating Expenses
|
$0
|
$1,562,802
|
$0
|
$1,562,802
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$166,391
|
$11,856,569
|
$0
|
$12,022,960
|
|
|
|
F.T.E.
|
|
|
|
184.0
|
|
|
|
|
|
|
|
|
|
(4)
|
State Labor Law Administration
|
|
|
|
|
|
|
|
Personal Services
|
$587,326
|
$385,820
|
$239,926
|
$1,213,072
|
|
|
|
Operating Expenses
|
$92,991
|
$75,131
|
$241,545
|
$409,667
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$680,317
|
$460,951
|
$481,471
|
$1,622,739
|
|
|
|
F.T.E.
|
|
|
|
19.0
|
|
|
|
|
|
|
|
|
|
(5)
|
Board of Accountancy--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$139,564
|
$139,564
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$162,723
|
$162,723
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$302,287
|
$302,287
|
|
|
|
F.T.E.
|
|
|
|
2.5
|
|
|
|
|
|
|
|
|
|
(6)
|
Board of Barber Examiners--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,404
|
$2,404
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$26,461
|
$26,461
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$28,865
|
$28,865
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(7)
|
Cosmetology Commission--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$156,744
|
$156,744
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$109,294
|
$109,294
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$266,038
|
$266,038
|
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
|
(8)
|
Plumbing Commission--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$396,023
|
$396,023
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$200,896
|
$200,896
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$596,919
|
$596,919
|
|
|
|
F.T.E.
|
|
|
|
7.0
|
|
|
|
|
|
|
|
|
|
(9)
|
Board of Technical Professions--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$176,199
|
$176,199
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$182,635
|
$182,635
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$358,834
|
$358,834
|
|
|
|
F.T.E.
|
|
|
|
3.5
|
|
|
|
|
|
|
|
|
|
(10)
|
Electrical Commission--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,143,640
|
$1,143,640
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$486,209
|
$486,209
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,629,849
|
$1,629,849
|
|
|
|
F.T.E.
|
|
|
|
22.0
|
|
|
|
|
|
|
|
|
|
(11)
|
Real Estate Commission--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$328,349
|
$328,349
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$230,055
|
$230,055
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$558,404
|
$558,404
|
|
|
|
F.T.E.
|
|
|
|
5.0
|
|
|
|
|
|
|
|
|
|
(12)
|
Abstracters Board of Examiners--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$16,999
|
$16,999
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$9,477
|
$9,477
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$26,476
|
$26,476
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(13)
|
South Dakota Athletic Commission--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$8,029
|
$8,029
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$47,300
|
$47,300
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$55,329
|
$55,329
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(14)
|
Banking
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,938,400
|
$1,938,400
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$564,219
|
$564,219
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,502,619
|
$2,502,619
|
|
|
|
F.T.E.
|
|
|
|
24.5
|
|
|
|
|
|
|
|
|
|
(15)
|
Securities
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$412,982
|
$412,982
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$81,915
|
$81,915
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$494,897
|
$494,897
|
|
|
|
F.T.E.
|
|
|
|
5.7
|
|
|
|
|
|
|
|
|
|
(16)
|
Insurance
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$149,238
|
$1,910,147
|
$2,059,385
|
|
|
|
Operating Expenses
|
$0
|
$589,961
|
$297,978
|
$887,939
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$739,199
|
$2,208,125
|
$2,947,324
|
|
|
|
F.T.E.
|
|
|
|
30.0
|
|
|
|
|
|
|
|
|
|
(17)
|
South Dakota Retirement System
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,473,878
|
$2,473,878
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,729,290
|
$1,729,290
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,203,168
|
$4,203,168
|
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
|
|
(18)
|
DEPARTMENT TOTAL, LABOR AND REGULATION
|
|
|
|
|
|
Personal Services
|
$753,717
|
$19,010,249
|
$9,496,408
|
$29,260,374
|
|
|
|
Operating Expenses
|
$698,024
|
$18,688,412
|
$4,456,030
|
$23,842,466
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$1,451,741
|
$37,698,661
|
$13,952,438
|
$53,102,840
|
|
|
|
F.T.E.
|
|
|
|
484.7
|
|
|
|
|
|
|
|
|
|
SECTION 11. DEPARTMENT OF TRANSPORTATION
|
|
|
|
|
(1)
|
General Operations
|
|
|
|
|
|
|
|
Personal Services
|
$499,452
|
$10,826,259
|
$56,488,425
|
$67,814,136
|
|
|
|
Operating Expenses
|
$25,502
|
$31,495,618
|
$93,217,400
|
$124,738,520
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$524,954
|
$42,321,877
|
$149,705,825
|
$192,552,656
|
|
|
|
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
|
$499,452
|
$10,826,259
|
$56,488,425
|
$67,814,136
|
|
|
|
Operating Expenses
|
$25,502
|
$378,564,491
|
$169,311,685
|
$547,901,678
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$524,954
|
$389,390,750
|
$225,800,110
|
$615,715,814
|
|
|
|
F.T.E.
|
|
|
|
1,026.3
|
|
|
|
|
|
|
|
|
|
SECTION 12. DEPARTMENT OF EDUCATION
|
|
|
|
|
(1)
|
Administration, Secretary of Education
|
|
|
|
|
|
|
Personal Services
|
$1,538,769
|
$1,296,332
|
$73,187
|
$2,908,288
|
|
|
|
Operating Expenses
|
$1,036,940
|
$7,604,162
|
$135,865
|
$8,776,967
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,575,709
|
$8,900,494
|
$209,052
|
$11,685,255
|
|
|
|
F.T.E.
|
|
|
|
40.0
|
|
|
|
|
|
|
|
|
|
(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
|
$347,719,770
|
$0
|
$0
|
$347,719,770
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$347,719,770
|
$0
|
$0
|
$347,719,770
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(4)
|
State Aid to Special Education
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$54,883,378
|
$0
|
$0
|
$54,883,378
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$54,883,378
|
$0
|
$0
|
$54,883,378
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(5)
|
Sparsity Payments
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$1,900,032
|
$0
|
$0
|
$1,900,032
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,900,032
|
$0
|
$0
|
$1,900,032
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Technology in Schools
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$9,312,086
|
$0
|
$1,804,346
|
$11,116,432
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$9,312,086
|
$0
|
$1,804,346
|
$11,116,432
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(7)
|
Postsecondary Vocational Education
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$22,275,039
|
$0
|
$100,000
|
$22,375,039
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$22,275,039
|
$0
|
$100,000
|
$22,375,039
|
|
|
|
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
|
$1,638,634
|
$2,978,164
|
$295,368
|
$4,912,166
|
|
|
|
Operating Expenses
|
$5,219,809
|
$176,533,106
|
$1,537,914
|
$183,290,829
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$6,858,443
|
$179,511,270
|
$1,833,282
|
$188,202,995
|
|
|
|
F.T.E.
|
|
|
|
71.5
|
|
|
|
|
|
|
|
|
|
(10)
|
State Library
|
|
|
|
|
|
|
|
Personal Services
|
$1,240,908
|
$334,292
|
$0
|
$1,575,200
|
|
|
|
Operating Expenses
|
$597,856
|
$881,641
|
$186,083
|
$1,665,580
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,838,764
|
$1,215,933
|
$186,083
|
$3,240,780
|
|
|
|
F.T.E.
|
|
|
|
27.5
|
|
|
|
|
|
|
|
|
|
(11)
|
DEPARTMENT TOTAL, EDUCATION
|
|
|
|
|
|
|
Personal Services
|
$4,418,311
|
$4,608,788
|
$368,555
|
$9,395,654
|
|
|
|
Operating Expenses
|
$443,860,830
|
$185,018,909
|
$5,864,208
|
$634,743,947
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$448,279,141
|
$189,627,697
|
$6,232,763
|
$644,139,601
|
|
|
|
F.T.E.
|
|
|
|
139.0
|
|
|
|
|
|
|
|
|
|
SECTION 13. DEPARTMENT OF PUBLIC SAFETY
|
|
|
|
|
(1)
|
Administration, Secretary of Public Safety
|
|
|
|
|
|
|
Personal Services
|
$120,162
|
$141,657
|
$581,242
|
$843,061
|
|
|
|
Operating Expenses
|
$13,563
|
$0
|
$131,036
|
$144,599
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$133,725
|
$141,657
|
$712,278
|
$987,660
|
|
|
|
F.T.E.
|
|
|
|
8.5
|
|
|
|
|
|
|
|
|
|
(2)
|
Highway Patrol
|
|
|
|
|
|
|
|
Personal Services
|
$886,236
|
$1,525,864
|
$16,111,215
|
$18,523,315
|
|
|
|
Operating Expenses
|
$466,742
|
$6,277,052
|
$6,758,947
|
$13,502,741
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,352,978
|
$7,802,916
|
$22,870,162
|
$32,026,056
|
|
|
|
F.T.E.
|
|
|
|
278.0
|
|
|
|
|
|
|
|
|
|
(3)
|
Emergency Services & Homeland Security
|
|
|
|
|
|
|
Personal Services
|
$1,229,424
|
$1,399,152
|
$108,125
|
$2,736,701
|
|
|
|
Operating Expenses
|
$430,475
|
$13,615,790
|
$236,185
|
$14,282,450
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,659,899
|
$15,014,942
|
$344,310
|
$17,019,151
|
|
|
|
F.T.E.
|
|
|
|
36.0
|
|
|
|
|
|
|
|
|
|
(4)
|
Legal and Regulatory Services
|
|
|
|
|
|
|
Personal Services
|
$65,564
|
$0
|
$4,730,197
|
$4,795,761
|
|
|
|
Operating Expenses
|
$652,468
|
$95,619
|
$2,997,594
|
$3,745,681
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$718,032
|
$95,619
|
$7,727,791
|
$8,541,442
|
|
|
|
F.T.E.
|
|
|
|
95.5
|
|
|
|
|
|
|
|
|
|
(5)
|
911 Coordination Board--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$108,028
|
$108,028
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$4,794,883
|
$4,794,883
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,902,911
|
$4,902,911
|
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
|
|
(6)
|
DEPARTMENT TOTAL, PUBLIC SAFETY
|
|
|
|
|
|
|
Personal Services
|
$2,301,386
|
$3,066,673
|
$21,638,807
|
$27,006,866
|
|
|
|
Operating Expenses
|
$1,563,248
|
$19,988,461
|
$14,918,645
|
$36,470,354
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$3,864,634
|
$23,055,134
|
$36,557,452
|
$63,477,220
|
|
|
|
F.T.E.
|
|
|
|
419.0
|
|
|
|
|
|
|
|
|
|
SECTION 14. BOARD OF REGENTS
|
|
|
|
|
|
(1)
|
Regents Central Office
|
|
|
|
|
|
|
|
Personal Services
|
$4,286,083
|
$54,258
|
$2,075,764
|
$6,416,105
|
|
|
|
Operating Expenses
|
$11,028,756
|
$574,450
|
$43,407,158
|
$55,010,364
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$15,314,839
|
$628,708
|
$45,482,922
|
$61,426,469
|
|
|
|
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
|
$4,964,900
|
$0
|
$0
|
$4,964,900
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,964,900
|
$0
|
$0
|
$4,964,900
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(4)
|
University of South Dakota Proper
|
|
|
|
|
|
|
Personal Services
|
$31,743,616
|
$6,655,725
|
$47,246,950
|
$85,646,291
|
|
|
|
Operating Expenses
|
$3,710,804
|
$8,637,986
|
$43,189,690
|
$55,538,480
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$35,454,420
|
$15,293,711
|
$90,436,640
|
$141,184,771
|
|
|
|
F.T.E.
|
|
|
|
1,096.2
|
|
|
|
|
|
|
|
|
|
(5)
|
University of South Dakota School of Medicine
|
|
|
|
|
|
|
Personal Services
|
$18,414,186
|
$4,772,108
|
$9,005,537
|
$32,191,831
|
|
|
|
Operating Expenses
|
$3,318,757
|
$12,502,418
|
$9,817,729
|
$25,638,904
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$21,732,943
|
$17,274,526
|
$18,823,266
|
$57,830,735
|
|
|
|
F.T.E.
|
|
|
|
321.5
|
|
|
|
|
|
|
|
|
|
(6)
|
South Dakota State University Proper
|
|
|
|
|
|
|
Personal Services
|
$39,618,763
|
$8,352,617
|
$79,348,738
|
$127,320,118
|
|
|
|
Operating Expenses
|
$5,894,977
|
$41,109,691
|
$80,515,921
|
$127,520,589
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$45,513,740
|
$49,462,308
|
$159,864,659
|
$254,840,707
|
|
|
|
F.T.E.
|
|
|
|
1,617.7
|
|
|
|
|
|
|
|
|
|
(7)
|
SDSU Extension
|
|
|
|
|
|
|
|
Personal Services
|
$7,989,207
|
$3,697,349
|
$1,044,452
|
$12,731,008
|
|
|
|
Operating Expenses
|
$329,154
|
$4,927,508
|
$1,136,053
|
$6,392,715
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$8,318,361
|
$8,624,857
|
$2,180,505
|
$19,123,723
|
|
|
|
F.T.E.
|
|
|
|
200.4
|
|
|
|
|
|
|
|
|
|
(8)
|
Agricultural Experiment Station
|
|
|
|
|
|
|
|
Personal Services
|
$11,101,329
|
$5,616,021
|
$4,469,823
|
$21,187,173
|
|
|
|
Operating Expenses
|
$627,155
|
$11,960,134
|
$10,751,541
|
$23,338,830
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$11,728,484
|
$17,576,155
|
$15,221,364
|
$44,526,003
|
|
|
|
F.T.E.
|
|
|
|
284.5
|
|
|
|
|
|
|
|
|
|
(9)
|
South Dakota School of Mines and Technology
|
|
|
|
|
|
|
Personal Services
|
$15,200,412
|
$3,604,100
|
$19,799,387
|
$38,603,899
|
|
|
|
Operating Expenses
|
$1,275,217
|
$32,458,296
|
$21,489,176
|
$55,222,689
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$16,475,629
|
$36,062,396
|
$41,288,563
|
$93,826,588
|
|
|
|
F.T.E.
|
|
|
|
433.4
|
|
|
|
|
|
|
|
|
|
(10)
|
Northern State University
|
|
|
|
|
|
|
|
Personal Services
|
$11,900,301
|
$1,190,796
|
$12,359,474
|
$25,450,571
|
|
|
|
Operating Expenses
|
$1,298,826
|
$1,589,651
|
$11,438,720
|
$14,327,197
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$13,199,127
|
$2,780,447
|
$23,798,194
|
$39,777,768
|
|
|
|
F.T.E.
|
|
|
|
351.0
|
|
|
|
|
|
|
|
|
|
(11)
|
Black Hills State University
|
|
|
|
|
|
|
|
Personal Services
|
$8,236,562
|
$1,804,118
|
$19,858,916
|
$29,899,596
|
|
|
|
Operating Expenses
|
$749,854
|
$6,073,936
|
$13,045,093
|
$19,868,883
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$8,986,416
|
$7,878,054
|
$32,904,009
|
$49,768,479
|
|
|
|
F.T.E.
|
|
|
|
418.5
|
|
|
|
|
|
|
|
|
|
(12)
|
Dakota State University
|
|
|
|
|
|
|
|
Personal Services
|
$8,518,119
|
$453,497
|
$12,850,070
|
$21,821,686
|
|
|
|
Operating Expenses
|
$681,299
|
$5,067,407
|
$10,093,796
|
$15,842,502
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$9,199,418
|
$5,520,904
|
$22,943,866
|
$37,664,188
|
|
|
|
F.T.E.
|
|
|
|
288.8
|
|
|
|
|
|
|
|
|
|
(13)
|
South Dakota School for the Deaf
|
|
|
|
|
|
|
|
Personal Services
|
$1,584,773
|
$0
|
$0
|
$1,584,773
|
|
|
|
Operating Expenses
|
$1,177,292
|
$0
|
$667,241
|
$1,844,533
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,762,065
|
$0
|
$667,241
|
$3,429,306
|
|
|
|
F.T.E.
|
|
|
|
22.5
|
|
|
|
|
|
|
|
|
|
(14)
|
South Dakota School for the Blind and Visually Impaired
|
|
|
|
|
|
|
Personal Services
|
$2,575,757
|
$104,625
|
$192,000
|
$2,872,382
|
|
|
|
Operating Expenses
|
$269,223
|
$37,683
|
$345,165
|
$652,071
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,844,980
|
$142,308
|
$537,165
|
$3,524,453
|
|
|
|
F.T.E.
|
|
|
|
52.6
|
|
|
|
|
|
|
|
|
|
(15)
|
DEPARTMENT TOTAL, BOARD OF REGENTS
|
|
|
|
|
|
|
Personal Services
|
$161,169,108
|
$36,305,214
|
$208,251,111
|
$405,725,433
|
|
|
|
Operating Expenses
|
$36,326,214
|
$124,939,160
|
$245,897,283
|
$407,162,657
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$197,495,322
|
$161,244,374
|
$454,148,394
|
$812,888,090
|
|
|
|
F.T.E.
|
|
|
|
5,162.4
|
|
|
|
|
|
|
|
|
|
SECTION 15. DEPARTMENT OF THE MILITARY
|
|
|
|
|
(1)
|
Adjutant General
|
|
|
|
|
|
|
|
Personal Services
|
$404,187
|
$0
|
$18,523
|
$422,710
|
|
|
|
Operating Expenses
|
$515,306
|
$10,306
|
$10,021
|
$535,633
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$919,493
|
$10,306
|
$28,544
|
$958,343
|
|
|
|
F.T.E.
|
|
|
|
5.3
|
|
|
|
|
|
|
|
|
|
(2)
|
Army Guard
|
|
|
|
|
|
|
|
Personal Services
|
$343,808
|
$2,429,059
|
$0
|
$2,772,867
|
|
|
|
Operating Expenses
|
$2,327,269
|
$11,380,108
|
$58
|
$13,707,435
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,671,077
|
$13,809,167
|
$58
|
$16,480,302
|
|
|
|
F.T.E.
|
|
|
|
52.1
|
|
|
|
|
|
|
|
|
|
(3)
|
Air Guard
|
|
|
|
|
|
|
|
Personal Services
|
$189,950
|
$2,612,700
|
$0
|
$2,802,650
|
|
|
|
Operating Expenses
|
$234,228
|
$2,676,989
|
$0
|
$2,911,217
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$424,178
|
$5,289,689
|
$0
|
$5,713,867
|
|
|
|
F.T.E.
|
|
|
|
47.0
|
|
|
|
|
|
|
|
|
|
(4)
|
DEPARTMENT TOTAL, MILITARY
|
|
|
|
|
|
|
Personal Services
|
$937,945
|
$5,041,759
|
$18,523
|
$5,998,227
|
|
|
|
Operating Expenses
|
$3,076,803
|
$14,067,403
|
$10,079
|
$17,154,285
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,014,748
|
$19,109,162
|
$28,602
|
$23,152,512
|
|
|
|
F.T.E.
|
|
|
|
104.4
|
|
|
|
|
|
|
|
|
|
SECTION 16. DEPARTMENT OF VETERANS' AFFAIRS
|
|
|
|
|
(1)
|
Veterans' Benefits and Services
|
|
|
|
|
|
|
|
Personal Services
|
$1,047,507
|
$219,503
|
$0
|
$1,267,010
|
|
|
|
Operating Expenses
|
$371,194
|
$46,050
|
$106,000
|
$523,244
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,418,701
|
$265,553
|
$106,000
|
$1,790,254
|
|
|
|
F.T.E.
|
|
|
|
20.0
|
|
|
|
|
|
|
|
|
|
(2)
|
State Veterans' Home
|
|
|
|
|
|
|
|
Personal Services
|
$988,609
|
$1,054,825
|
$2,606,105
|
$4,649,539
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,276,140
|
$3,276,140
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$988,609
|
$1,054,825
|
$5,882,245
|
$7,925,679
|
|
|
|
F.T.E.
|
|
|
|
85.7
|
|
|
|
|
|
|
|
|
|
(3)
|
DEPARTMENT TOTAL, VETERANS' AFFAIRS
|
|
|
|
|
|
|
Personal Services
|
$2,036,116
|
$1,274,328
|
$2,606,105
|
$5,916,549
|
|
|
|
Operating Expenses
|
$371,194
|
$46,050
|
$3,382,140
|
$3,799,384
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,407,310
|
$1,320,378
|
$5,988,245
|
$9,715,933
|
|
|
|
F.T.E.
|
|
|
|
105.7
|
|
|
|
|
|
|
|
|
|
SECTION 17. DEPARTMENT OF CORRECTIONS
|
|
|
|
|
(1)
|
Administration, Central Office
|
|
|
|
|
|
|
|
Personal Services
|
$1,585,360
|
$96,969
|
$0
|
$1,682,329
|
|
|
|
Operating Expenses
|
$439,647
|
$864,416
|
$333,781
|
$1,637,844
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,025,007
|
$961,385
|
$333,781
|
$3,320,173
|
|
|
|
F.T.E.
|
|
|
|
22.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Mike Durfee State Prison
|
|
|
|
|
|
|
|
Personal Services
|
$10,624,464
|
$43,200
|
$852,530
|
$11,520,194
|
|
|
|
Operating Expenses
|
$5,237,031
|
$75,880
|
$537,097
|
$5,850,008
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$15,861,495
|
$119,080
|
$1,389,627
|
$17,370,202
|
|
|
|
F.T.E.
|
|
|
|
210.0
|
|
|
|
|
|
|
|
|
|
(3)
|
State Penitentiary
|
|
|
|
|
|
|
|
Personal Services
|
$16,135,462
|
$114,406
|
$327,691
|
$16,577,559
|
|
|
|
Operating Expenses
|
$4,509,313
|
$481,397
|
$924,415
|
$5,915,125
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$20,644,775
|
$595,803
|
$1,252,106
|
$22,492,684
|
|
|
|
F.T.E.
|
|
|
|
310.0
|
|
|
|
|
|
|
|
|
|
(4)
|
Women's Prison
|
|
|
|
|
|
|
|
Personal Services
|
$3,654,766
|
$56,268
|
$52,570
|
$3,763,604
|
|
|
|
Operating Expenses
|
$1,302,782
|
$21,020
|
$263,480
|
$1,587,282
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,957,548
|
$77,288
|
$316,050
|
$5,350,886
|
|
|
|
F.T.E.
|
|
|
|
70.0
|
|
|
|
|
|
|
|
|
|
(5)
|
Pheasantland Industries
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$894,467
|
$894,467
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$5,152,927
|
$5,152,927
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$6,047,394
|
$6,047,394
|
|
|
|
F.T.E.
|
|
|
|
14.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Inmate Services
|
|
|
|
|
|
|
|
Personal Services
|
$956,860
|
$76,081
|
$661,643
|
$1,694,584
|
|
|
|
Operating Expenses
|
$21,087,342
|
$51,670
|
$950,261
|
$22,089,273
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$22,044,202
|
$127,751
|
$1,611,904
|
$23,783,857
|
|
|
|
F.T.E.
|
|
|
|
24.0
|
|
|
|
|
|
|
|
|
|
(7)
|
Parole Services
|
|
|
|
|
|
|
|
Personal Services
|
$3,010,374
|
$0
|
$242,154
|
$3,252,528
|
|
|
|
Operating Expenses
|
$1,195,282
|
$0
|
$747,983
|
$1,943,265
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,205,656
|
$0
|
$990,137
|
$5,195,793
|
|
|
|
F.T.E.
|
|
|
|
55.0
|
|
|
|
|
|
|
|
|
|
(8)
|
Juvenile Community Corrections
|
|
|
|
|
|
|
|
Personal Services
|
$2,807,665
|
$0
|
$0
|
$2,807,665
|
|
|
|
Operating Expenses
|
$12,776,370
|
$5,820,233
|
$567,369
|
$19,163,972
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$15,584,035
|
$5,820,233
|
$567,369
|
$21,971,637
|
|
|
|
F.T.E.
|
|
|
|
47.5
|
|
|
|
|
|
|
|
|
|
(9)
|
Youth Challenge Center
|
|
|
|
|
|
|
|
Personal Services
|
$1,343,955
|
$0
|
$0
|
$1,343,955
|
|
|
|
Operating Expenses
|
$112,026
|
$0
|
$14,942
|
$126,968
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,455,981
|
$0
|
$14,942
|
$1,470,923
|
|
|
|
F.T.E.
|
|
|
|
25.0
|
|
|
|
|
|
|
|
|
|
(10)
|
Patrick Henry Brady Academy
|
|
|
|
|
|
|
|
Personal Services
|
$1,353,892
|
$0
|
$0
|
$1,353,892
|
|
|
|
Operating Expenses
|
$94,705
|
$0
|
$14,280
|
$108,985
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,448,597
|
$0
|
$14,280
|
$1,462,877
|
|
|
|
F.T.E.
|
|
|
|
25.0
|
|
|
|
|
|
|
|
|
|
(11)
|
State Treatment and Rehabilitation Academy
|
|
|
|
|
|
|
Personal Services
|
$2,623,121
|
$0
|
$0
|
$2,623,121
|
|
|
|
Operating Expenses
|
$2,402,432
|
$655,514
|
$166,050
|
$3,223,996
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$5,025,553
|
$655,514
|
$166,050
|
$5,847,117
|
|
|
|
F.T.E.
|
|
|
|
45.7
|
|
|
|
|
|
|
|
|
|
(12)
|
QUEST
|
|
|
|
|
|
|
|
Personal Services
|
$1,199,181
|
$0
|
$1,092
|
$1,200,273
|
|
|
|
Operating Expenses
|
$92,683
|
$0
|
$12,201
|
$104,884
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,291,864
|
$0
|
$13,293
|
$1,305,157
|
|
|
|
F.T.E.
|
|
|
|
21.0
|
|
|
|
|
|
|
|
|
|
(13)
|
DEPARTMENT TOTAL, CORRECTIONS
|
|
|
|
|
|
|
Personal Services
|
$45,295,100
|
$386,924
|
$3,032,147
|
$48,714,171
|
|
|
|
Operating Expenses
|
$49,249,613
|
$7,970,130
|
$9,684,786
|
$66,904,529
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$94,544,713
|
$8,357,054
|
$12,716,933
|
$115,618,700
|
|
|
|
F.T.E.
|
|
|
|
869.2
|
|
|
|
|
|
|
|
|
|
SECTION 18. DEPARTMENT OF HUMAN SERVICES
|
|
|
|
|
(1)
|
Administration, Secretary of Human Services
|
|
|
|
|
|
|
Personal Services
|
$582,133
|
$511,869
|
$0
|
$1,094,002
|
|
|
|
Operating Expenses
|
$275,946
|
$134,277
|
$1,421
|
$411,644
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$858,079
|
$646,146
|
$1,421
|
$1,505,646
|
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Developmental Disabilities
|
|
|
|
|
|
|
|
Personal Services
|
$690,667
|
$661,399
|
$0
|
$1,352,066
|
|
|
|
Operating Expenses
|
$59,507,019
|
$72,500,645
|
$11,659,440
|
$143,667,104
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$60,197,686
|
$73,162,044
|
$11,659,440
|
$145,019,170
|
|
|
|
F.T.E.
|
|
|
|
20.5
|
|
|
|
|
|
|
|
|
|
(3)
|
South Dakota Developmental Center--Redfield
|
|
|
|
|
|
|
Personal Services
|
$9,453,347
|
$10,103,561
|
$0
|
$19,556,908
|
|
|
|
Operating Expenses
|
$2,400,571
|
$2,614,674
|
$792,145
|
$5,807,390
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$11,853,918
|
$12,718,235
|
$792,145
|
$25,364,298
|
|
|
|
F.T.E.
|
|
|
|
380.6
|
|
|
|
|
|
|
|
|
|
(4)
|
Rehabilitation Services
|
|
|
|
|
|
|
|
Personal Services
|
$795,005
|
$4,486,553
|
$0
|
$5,281,558
|
|
|
|
Operating Expenses
|
$3,614,474
|
$11,244,131
|
$1,493,424
|
$16,352,029
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,409,479
|
$15,730,684
|
$1,493,424
|
$21,633,587
|
|
|
|
F.T.E.
|
|
|
|
99.1
|
|
|
|
|
|
|
|
|
|
(5)
|
Telecommunications Services for the Deaf
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,301,680
|
$1,301,680
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,301,680
|
$1,301,680
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(6)
|
Services to the Blind and Visually Impaired
|
|
|
|
|
|
|
Personal Services
|
$477,591
|
$1,167,594
|
$173,506
|
$1,818,691
|
|
|
|
Operating Expenses
|
$461,053
|
$1,398,080
|
$202,460
|
$2,061,593
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$938,644
|
$2,565,674
|
$375,966
|
$3,880,284
|
|
|
|
F.T.E.
|
|
|
|
29.2
|
|
|
|
|
|
|
|
|
|
(7)
|
DEPARTMENT TOTAL, HUMAN SERVICES
|
|
|
|
|
|
|
Personal Services
|
$11,998,743
|
$16,930,976
|
$173,506
|
$29,103,225
|
|
|
|
Operating Expenses
|
$66,259,063
|
$87,891,807
|
$15,450,570
|
$169,601,440
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$78,257,806
|
$104,822,783
|
$15,624,076
|
$198,704,665
|
|
|
|
F.T.E.
|
|
|
|
545.4
|
|
|
|
|
|
|
|
|
|
SECTION 19. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
|
|
|
(1)
|
Financial and Technical Assistance
|
|
|
|
|
|
|
|
Personal Services
|
$2,019,845
|
$1,456,785
|
$798,285
|
$4,274,915
|
|
|
|
Operating Expenses
|
$343,613
|
$608,576
|
$270,265
|
$1,222,454
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$2,363,458
|
$2,065,361
|
$1,068,550
|
$5,497,369
|
|
|
|
F.T.E.
|
|
|
|
56.5
|
|
|
|
|
|
|
|
|
|
(2)
|
Environmental Services
|
|
|
|
|
|
|
|
Personal Services
|
$3,244,127
|
$3,733,914
|
$2,265,832
|
$9,243,873
|
|
|
|
Operating Expenses
|
$564,107
|
$2,077,690
|
$847,104
|
$3,488,901
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$3,808,234
|
$5,811,604
|
$3,112,936
|
$12,732,774
|
|
|
|
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
|
$388,984
|
$388,984
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$65,879
|
$65,879
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$454,863
|
$454,863
|
|
|
|
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
|
$5,263,972
|
$5,190,699
|
$3,453,101
|
$13,907,772
|
|
|
|
Operating Expenses
|
$907,720
|
$2,686,266
|
$5,798,250
|
$9,392,236
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$6,171,692
|
$7,876,965
|
$9,251,351
|
$23,300,008
|
|
|
|
F.T.E.
|
|
|
|
180.5
|
|
|
|
|
|
|
|
|
|
SECTION 20. PUBLIC UTILITIES COMMISSION
|
|
|
|
|
(1)
|
Public Utilities Commission
|
|
|
|
|
|
|
|
Personal Services
|
$503,443
|
$214,076
|
$2,011,066
|
$2,728,585
|
|
|
|
Operating Expenses
|
$52,520
|
$116,512
|
$1,417,105
|
$1,586,137
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$555,963
|
$330,588
|
$3,428,171
|
$4,314,722
|
|
|
|
F.T.E.
|
|
|
|
31.2
|
|
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION
|
|
|
|
|
|
Personal Services
|
$503,443
|
$214,076
|
$2,011,066
|
$2,728,585
|
|
|
|
Operating Expenses
|
$52,520
|
$116,512
|
$1,417,105
|
$1,586,137
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$555,963
|
$330,588
|
$3,428,171
|
$4,314,722
|
|
|
|
F.T.E.
|
|
|
|
31.2
|
|
|
|
|
|
|
|
|
|
SECTION 21. UNIFIED JUDICIAL SYSTEM
|
|
|
|
|
(1)
|
State Bar of South Dakota--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$226,285
|
$226,285
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$334,689
|
$334,689
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$560,974
|
$560,974
|
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Unified Judicial System
|
|
|
|
|
|
|
|
Personal Services
|
$36,886,340
|
$435,284
|
$2,532,696
|
$39,854,320
|
|
|
|
Operating Expenses
|
$3,529,494
|
$457,705
|
$6,257,835
|
$10,245,034
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$40,415,834
|
$892,989
|
$8,790,531
|
$50,099,354
|
|
|
|
F.T.E.
|
|
|
|
572.4
|
|
|
|
|
|
|
|
|
|
(3)
|
DEPARTMENT TOTAL, UNIFIED JUDICIAL SYSTEM
|
|
|
|
|
|
Personal Services
|
$36,886,340
|
$435,284
|
$2,758,981
|
$40,080,605
|
|
|
|
Operating Expenses
|
$3,529,494
|
$457,705
|
$6,592,524
|
$10,579,723
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$40,415,834
|
$892,989
|
$9,351,505
|
$50,660,328
|
|
|
|
F.T.E.
|
|
|
|
575.4
|
|
|
|
|
|
|
|
|
|
SECTION 22. LEGISLATURE
|
|
|
|
|
|
(1)
|
Legislative Operations
|
|
|
|
|
|
|
|
Appropriation
|
$5,724,065
|
$0
|
$6,000
|
$5,730,065
|
|
|
|
F.T.E.
|
|
|
|
31.6
|
|
|
|
|
|
|
|
|
|
(1A)
|
Legislative Contingency Fund
|
|
|
|
|
|
|
|
Legislative Operations
|
|
|
|
|
|
|
|
Appropriation
|
$0
|
$0
|
$1,000,000
|
$1,000,000
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Auditor General
|
|
|
|
|
|
|
|
Personal Services
|
$3,132,666
|
$0
|
$0
|
$3,132,666
|
|
|
|
Operating Expenses
|
$328,080
|
$0
|
$0
|
$328,080
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$3,460,746
|
$0
|
$0
|
$3,460,746
|
|
|
|
F.T.E.
|
|
|
|
39.0
|
|
|
|
|
|
|
|
|
|
(3)
|
DEPARTMENT TOTAL, LEGISLATURE
|
|
|
|
|
|
|
Personal Services
|
$3,132,666
|
$0
|
$0
|
$3,132,666
|
|
|
|
Operating Expenses
|
$328,080
|
$0
|
$0
|
$328,080
|
|
|
|
Legislative Operations
Appropriation
|
$5,724,065
|
$0
|
$1,006,000
|
$6,730,065
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$9,184,811
|
$0
|
$1,006,000
|
$10,190,811
|
|
|
|
F.T.E.
|
|
|
|
70.6
|
|
|
|
|
|
|
|
|
|
SECTION 23. ATTORNEY GENERAL
|
|
|
|
|
|
(1)
|
Legal Services Program
|
|
|
|
|
|
|
|
Personal Services
|
$4,176,076
|
$454,284
|
$1,322,471
|
$5,952,831
|
|
|
|
Operating Expenses
|
$546,371
|
$530,032
|
$1,047,119
|
$2,123,522
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,722,447
|
$984,316
|
$2,369,590
|
$8,076,353
|
|
|
|
F.T.E.
|
|
|
|
68.0
|
|
|
|
|
|
|
|
|
|
(2)
|
Criminal Investigation
|
|
|
|
|
|
|
|
Personal Services
|
$3,774,350
|
$1,202,899
|
$2,344,196
|
$7,321,445
|
|
|
|
Operating Expenses
|
$1,173,180
|
$2,091,901
|
$2,798,874
|
$6,063,955
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$4,947,530
|
$3,294,800
|
$5,143,070
|
$13,385,400
|
|
|
|
F.T.E.
|
|
|
|
93.5
|
|
|
|
|
|
|
|
|
|
(3)
|
Law Enforcement Training
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$778,315
|
$778,315
|
|
|
|
Operating Expenses
|
$375,115
|
$0
|
$994,780
|
$1,369,895
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$375,115
|
$0
|
$1,773,095
|
$2,148,210
|
|
|
|
F.T.E.
|
|
|
|
11.5
|
|
|
|
|
|
|
|
|
|
(4)
|
911 Training
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$122,221
|
$122,221
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$97,840
|
$97,840
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$220,061
|
$220,061
|
|
|
|
F.T.E.
|
|
|
|
2.0
|
|
|
|
|
|
|
|
|
|
(5)
|
Insurance Fraud Unit--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$183,775
|
$183,775
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$70,492
|
$70,492
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$254,267
|
$254,267
|
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
|
(6)
|
DEPARTMENT TOTAL, ATTORNEY GENERAL
|
|
|
|
|
|
|
Personal Services
|
$7,950,426
|
$1,657,183
|
$4,750,978
|
$14,358,587
|
|
|
|
Operating Expenses
|
$2,094,666
|
$2,621,933
|
$5,009,105
|
$9,725,704
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$10,045,092
|
$4,279,116
|
$9,760,083
|
$24,084,291
|
|
|
|
F.T.E.
|
|
|
|
178.0
|
|
|
|
|
|
|
|
|
|
SECTION 24. SCHOOL AND PUBLIC LANDS
|
|
|
|
|
(1)
|
Administration of School and Public Lands
|
|
|
|
|
|
|
Personal Services
|
$426,439
|
$0
|
$0
|
$426,439
|
|
|
|
Operating Expenses
|
$109,587
|
$0
|
$325,000
|
$434,587
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$536,026
|
$0
|
$325,000
|
$861,026
|
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, SCHOOL AND PUBLIC LANDS
|
|
|
|
|
|
Personal Services
|
$426,439
|
$0
|
$0
|
$426,439
|
|
|
|
Operating Expenses
|
$109,587
|
$0
|
$325,000
|
$434,587
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$536,026
|
$0
|
$325,000
|
$861,026
|
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
|
SECTION 25. SECRETARY OF STATE
|
|
|
|
|
|
(1)
|
Secretary of State
|
|
|
|
|
|
|
|
Personal Services
|
$699,680
|
$107,408
|
$161,428
|
$968,516
|
|
|
|
Operating Expenses
|
$262,911
|
$3,040,876
|
$317,101
|
$3,620,888
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$962,591
|
$3,148,284
|
$478,529
|
$4,589,404
|
|
|
|
F.T.E.
|
|
|
|
15.6
|
|
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, SECRETARY OF STATE
|
|
|
|
|
|
|
Personal Services
|
$699,680
|
$107,408
|
$161,428
|
$968,516
|
|
|
|
Operating Expenses
|
$262,911
|
$3,040,876
|
$317,101
|
$3,620,888
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$962,591
|
$3,148,284
|
$478,529
|
$4,589,404
|
|
|
|
F.T.E.
|
|
|
|
15.6
|
|
|
|
|
|
|
|
|
|
SECTION 26. STATE TREASURER
|
|
|
|
|
|
(1)
|
Treasury Management
|
|
|
|
|
|
|
|
Personal Services
|
$380,263
|
$0
|
$0
|
$380,263
|
|
|
|
Operating Expenses
|
$142,601
|
$0
|
$0
|
$142,601
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$522,864
|
$0
|
$0
|
$522,864
|
|
|
|
F.T.E.
|
|
|
|
5.2
|
|
|
|
|
|
|
|
|
|
(2)
|
Unclaimed Property--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$268,181
|
$268,181
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$5,528,936
|
$5,528,936
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$5,797,117
|
$5,797,117
|
|
|
|
F.T.E.
|
|
|
|
3.8
|
|
|
|
|
|
|
|
|
|
(3)
|
Investment of State Funds
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$5,925,863
|
$5,925,863
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,744,473
|
$1,744,473
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$7,670,336
|
$7,670,336
|
|
|
|
F.T.E.
|
|
|
|
32.3
|
|
|
|
|
|
|
|
|
|
(4)
|
Performance Based Compensation
|
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$9,143,286
|
$9,143,286
|
|
|
|
Operating Expenses
|
$0
|
$0
|
$0
|
$0
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$9,143,286
|
$9,143,286
|
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
|
(5)
|
DEPARTMENT TOTAL, STATE TREASURER
|
|
|
|
|
|
|
Personal Services
|
$380,263
|
$0
|
$15,337,330
|
$15,717,593
|
|
|
|
Operating Expenses
|
$142,601
|
$0
|
$7,273,409
|
$7,416,010
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$522,864
|
$0
|
$22,610,739
|
$23,133,603
|
|
|
|
F.T.E.
|
|
|
|
41.3
|
|
|
|
|
|
|
|
|
|
SECTION 27. STATE AUDITOR
|
|
|
|
|
|
(1)
|
State Auditor
|
|
|
|
|
|
|
|
Personal Services
|
$1,079,450
|
$0
|
$0
|
$1,079,450
|
|
|
|
Operating Expenses
|
$134,508
|
$0
|
$100,000
|
$234,508
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,213,958
|
$0
|
$100,000
|
$1,313,958
|
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, STATE AUDITOR
|
|
|
|
|
|
|
Personal Services
|
$1,079,450
|
$0
|
$0
|
$1,079,450
|
|
|
|
Operating Expenses
|
$134,508
|
$0
|
$100,000
|
$234,508
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
$1,213,958
|
$0
|
$100,000
|
$1,313,958
|
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SECTION 28. STATE TOTAL
|
|
|
|
|
|
(1)
|
|
Personal Services
|
$374,082,168
|
$178,036,466
|
$450,761,947
|
$1,002,880,581
|
|
|
|
Operating Expenses
|
$1,050,184,223
|
$1,497,825,252
|
$769,082,999
|
$3,317,092,474
|
|
|
|
Single Line Item Appropriation
|
$5,724,065
|
$0
|
$1,006,000
|
$6,730,065
|
|
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$1,429,990,456
|
$1,675,861,718
|
$1,220,850,946
|
$4,326,703,120
|
|
|
|
F.T.E.
|
|
|
|
14,003.6
|
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
|
$3,016,536
|
|
Governor's Office Operations
|
$104,365
|
|
From the game, fish and parks fund:
|
|
|
Radio Communications Operations
|
$455,876
|
|
From the game, fish and parks administrative revolving fund:
|
|
Governor's Office Operations
|
$17,573
|
|
From the motor vehicle fund:
|
|
|
Radio Communications Operations
|
$613,101
|
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.
Section 33. The state treasurer shall transfer to the state general fund five hundred thousand
dollars ($500,000) from the Veterans Home Operating fund created by § 33A-4-24.
Signed March 19, 2015
_______________
End Included file CY:\LMDATA\SESSIONS\90-2015\SESSIO~1\031.wpd
Start Included file EY:\LMDATA\SESSIONS\90-2015\SESSIO~1\032.wpd
CHAPTER 32
(SB 55)
General Appropriation Act for fiscal year 2015 revised.
ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2015.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 2 of chapter 23 of the 2014 Sessions Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(3) Governor's Office of Economic Development
Operating Expenses, Other Funds, delete "$20,623,225" and insert "$59,363,218"
Adjust all totals accordingly.
Section 2. That section 2 of chapter 23 of the 2014 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(20) Central Services
Operating Expenses, Other Funds, delete "$16,275,777" and insert "$16,298,280"
Adjust all totals accordingly.
Section 3. That section 2 of chapter 23 of the 2014 Session Laws be amended to read as follows:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(32) Personnel Management and Employee Benefits (BHR)
F.T.E, delete "68.7" and insert "70.2"
Adjust all totals accordingly.
Section 4. That section 6 of chapter 23 of the 2014 Session Laws be amended to read as follows:
DEPARTMENT OF GAME, FISH AND PARKS
(4) State Parks and Recreation
Operating Expenses, General Funds, delete "$1,465,789" and insert "$1,650,685"
Adjust all totals accordingly.
Section 5. That section 8 of chapter 23 of the 2014 Session Laws be amended to read as follows:
DEPARTMENT OF SOCIAL SERVICES
(3) Medical and Adult Services
Operating Expenses, General Funds, delete "$300,740,208" and insert "$295,871,635"
Operating Expenses, Federal Funds, delete "$463,793,520" and insert "$460,427,161"
Adjust all totals accordingly.
Section 6. That section 8 of chapter 23 of the 2014 Session Laws be amended to read as follows:
DEPARTMENT OF SOCIAL SERVICES
(4) Children's Services
Operating Expenses, General Funds, delete "$34,053,131" and insert "$28,957,050"
Operating Expenses, Federal Funds, delete "$40,698,833" and insert "$36,087,897"
Adjust all totals accordingly.
Section 7. That section 8 of chapter 23 of the 2014 Session Laws be amended to read as follows:
DEPARTMENT OF SOCIAL SERVICES
(5) Behavioral Health
Operating Expenses, General Funds, delete "$39,898,461" and insert "$40,129,103"
Adjust all totals accordingly.
Section 8. That section 9 of chapter 23 of the 2014 Sessions Laws be amended to read as follows:
DEPARTMENT OF HEALTH
(5) Correctional Health
Operating Expenses, Other Funds, delete "$11,816,570" and insert "$11,672,610"
Adjust all totals accordingly.
Section 9. That section 10 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF LABOR AND REGULATION
(17) South Dakota Retirement System
Operating Expenses, Other Funds, delete "$1,880,612" and insert "$2,084,909"
Adjust all totals accordingly.
Section 10. That section 11 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF TRANSPORTATION
(1) General Operations
Operating Expenses, Federal Funds, delete "$22,809,529" and insert "$26,809,529"
Operating Expenses, Other Funds, delete "$87,465,347" and insert "$87,610,947"
Adjust all totals accordingly.
Section 11. That section 12 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(3) State Aid to General Education
Operating Expenses, General Funds, delete "$340,534,252" and insert "$333,600,455"
Adjust all totals accordingly.
Section 12. That section 12 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(7) Postsecondary Vocational Education
Operating Expenses, General Funds, delete "$23,349,586" and insert "$23,292,245"
Adjust all totals accordingly.
Section 13. That section 12 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF EDUCATION
(9) Education Resources
Operating Expenses, General Funds, delete "$6,094,555" and insert "$6,672,055"
Adjust all totals accordingly.
Section 14. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(4) University of South Dakota Proper
Operating Expenses, General Funds, delete "$3,020,085" and insert "$3,063,799"
F.T.E, delete "1,036.2" and insert "1,056.2"
Adjust all totals accordingly.
Section 15. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(6) South Dakota State University Proper
Operating Expenses, General Funds, delete "$4,557,570" and insert "$4,582,078"
Adjust all totals accordingly.
Section 16. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(9) South Dakota School of Mines and Technology
Operating Expenses, General Funds, delete "$1,081,285" and insert "$1,084,576"
Adjust all totals accordingly.
Section 17. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(10) Northern State University
Operating Expenses, General Funds, delete "$861,025" and insert "$890,217"
Adjust all totals accordingly.
Section 18. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(11) Black Hills State University
Operating Expenses, General Funds, delete "$624,520" and insert "$605,726"
Adjust all totals accordingly.
Section 19. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(12) Dakota State University
Operating Expenses, General Funds, delete "$651,755" and insert "$696,886"
Adjust all totals accordingly.
Section 20. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(13) South Dakota School for the Deaf
Operating Expenses, General Funds, delete "$1,142,023" and insert "$1,165,302"
Adjust all totals accordingly.
Section 21. That section 14 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
BOARD OF REGENTS
(14) South Dakota School for the Blind and Visually Impaired
Operating Expenses, General Funds, delete "$250,016" and insert "$260,404"
Adjust all totals accordingly.
Section 22. That section 15 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF MILITARY
(2) Army Guard
Operating Expenses, General Funds, delete "$2,080,972" and insert "$2,103,537"
Operating Expenses, Federal Funds, delete "$10,408,643" and insert "$10,485,855"
Adjust all totals accordingly.
Section 23. That section 16 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF VETERANS' AFFAIRS
(2) State Veterans' Home
Operating Expenses, Other Funds, delete "$3,673,065" and insert "$3,689,863"
Adjust all totals accordingly.
Section 24. That section 17 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(2) Mike Durfee State Prison
Operating Expenses, General Funds, delete "$5,181,808" and insert "$5,204,785"
Operating Expenses, Other Funds, delete "$534,199" and insert "$526,593"
Adjust all totals accordingly.
Section 25. That section 17 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(3) State Penitentiary
Operating Expenses, General Funds, delete "$4,435,522" and insert "$4,506,474"
Adjust all totals accordingly.
Section 26. That section 17 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(4) Women's Prison
Operating Expenses, General Funds, delete "$1,308,860" and insert "$1,316,114"
Adjust all totals accordingly.
Section 27. That section 17 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(6) Inmate Services
Operating Expenses, General Funds, delete "$19,543,885" and insert "$19,399,925"
Adjust all totals accordingly.
Section 28. That section 17 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(8) Juvenile Community Corrections
Operating Expenses, General Funds, delete "$14,223,695" and insert "$12,828,601"
Adjust all totals accordingly.
Section 29. That section 17 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF CORRECTIONS
(11) State Treatment and Rehabilitation Academy
Operating Expenses, General Funds, delete "$2,368,643" and insert "$2,374,804"
Adjust all totals accordingly.
Section 30. That section 18 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF HUMAN SERVICES
(3) South Dakota Developmental Center-Redfield
Operating Expenses, General Funds, delete "$2,333,049" and insert "$2,358,582"
Operating Expenses, Federal Funds, delete "$2,588,160" and insert "$2,615,954"
Adjust all totals accordingly.
Section 31. That section 19 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(2) Environmental Services
Operating Expenses, General Funds, delete "$559,378" and insert "$909,378"
Adjust all totals accordingly.
Section 32. That section 25 of chapter 23 of the 2014 Session Laws be amended to read as
follows:
SECRETARY OF STATE
(1) Secretary of State
Operating Expenses, General Funds, delete "$260,446" and insert "$535,446"
Adjust all totals accordingly.
Section 33. That chapter 23 of the 2014 Session Laws be amended by adding thereto a NEW
SECTION to read as follows:
Section 37: The state treasurer shall transfer to the state general fund one million four hundred
twenty thousand dollars ($1,420,000) from the South Dakota risk pool fund created by § 58-17-120.
Section 34. Funds appropriated by this Act which are unspent at the end of fiscal year 2015 may
be carried over to fiscal year 2016.
Section 35. This Act is effective June 29, 2015.
Signed March 19, 2015
_______________
End Included file EY:\LMDATA\SESSIONS\90-2015\SESSIO~1\032.wpd
Start Included file GY:\LMDATA\SESSIONS\90-2015\SESSIO~1\033.wpd
CHAPTER 33
(HB 1047)
The 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 section 1 of chapter 32 of the 2014 Session Laws be amended to read as follows:
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 2016.
Section 2. That section 2 of chapter 32 of the 2014 Session Laws be amended to read as follows:
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 2016.
Section 3. That section 3 of chapter 32 of the 2014 Session Laws be amended to read as follows:
Section 3. That chapter 26 of the 2013 Session Laws be amended by adding thereto a NEW
SECTION to read as follows:
Section 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 2016.
Section 4. This Act is effective June 29, 2015.
Signed March 13, 2015
_______________
End Included file GY:\LMDATA\SESSIONS\90-2015\SESSIO~1\033.wpd
Start Included file IY:\LMDATA\SESSIONS\90-2015\SESSIO~1\034.wpd
CHAPTER 34
(SB 10)
Classes of investments used for state funds updated.
ENTITLED, An Act to revise certain provisions concerning the classes of investments used for state
funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-5-26 be amended to read as follows:
4-5-26. Money made available for investment may be invested in the following classes of
securities and investments and, except as provided by § 3-12-117, chapter 3-13, the South Dakota
Cement Plant retirement fund, chapter 13-63, the permanent trust fund containing the net proceeds
from the sale of state cement enterprises, the health care trust fund as provided in S.D. Const., Art.
XII, § 5, and the education enhancement trust fund as provided in S.D. Const., Art. XII, § 6, not
otherwise:
(1) Direct and indirect obligations of the United States government;
(2) Agencies and instrumentalities of the United States government;
(3) Direct obligations of the State of South Dakota and any of its political subdivisions;
(4) Obligations consisting of notes, bonds, debentures, and certificates which are direct
obligations of a solvent corporation or trust existing under the laws of the United States
or any state thereof, if such investments are rated in the four highest classifications
established by at least two standard rating services at the time of purchase; or
(5) Savings accounts, share accounts, certificates of deposit of banks, savings and loan
associations, building and loan associations, and bankers' acceptances; or
(6) In addition to the investments authorized by subdivisions (1) to (5) of this section,
inclusive, the investment council may also allocate a sum certain of state public funds for
investment in the accounts and certificates of South Dakota banks and associations. This
sum shall initially be offered to South Dakota banks and associations, and if not initially
fully subscribed, the investment officer shall immediately reoffer the unsubscribed sum
to other qualified public depositories defined by subdivision 4-6A-1(7).
Signed March 10, 2015
_______________
End Included file IY:\LMDATA\SESSIONS\90-2015\SESSIO~1\034.wpd
Start Included file KY:\LMDATA\SESSIONS\90-2015\SESSIO~1\035.wpd
CHAPTER 35
(SB 8)
State Investment Council, certain transactions exempt
from procurement requirements.
ENTITLED, An Act to exempt certain transactions entered into by the State Investment Council and
Division of Investment from certain procurement requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-5-29 be amended to read as follows:
4-5-29. Subject to any limitations, conditions, and restrictions contained in policy making
regulations approved by the State Investment Council or contained in state law or the State
Constitution, the state investment officer shall have the power to may make purchases, sales,
exchanges, and investments, for or on behalf of any of the funds referred to in § 4-5-23 and it shall
be his duty to. The state investment officer shall see that moneys invested under the provisions of
§§ 4-5-12 to 4-5-39, inclusive, are at all times handled in the best interests of the state.
Section 2. That § 5-18A-22 be amended to read as follows:
5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply
to:
(1) Any highway construction contract entered into by the Department of Transportation;
(2) Any contract for the purchase of supplies from the United States or its agencies or any
contract issued by the General Services Administration;
(3) Any purchase of supplies or services, other than professional services, by purchasing
agencies from any active contract that has been awarded by any government entity by
competitive sealed bids or competitive sealed proposals or from any contract that was
competitively solicited and awarded within the previous twelve months;
(4) Any equipment repair contract;
(5) Any procurement of electric power, water, or natural gas; chemical and biological
products; laboratory apparatus and appliances; published books, maps, periodicals and
technical pamphlets; works of art for museum and public display; medical supplies;
communications technologies, computer hardware and software, peripheral equipment,
and related connectivity; tableware or perishable foods;
(6) Any supplies, services, and professional services required for externally funded research
projects at institutions under the control of the Board of Regents;
(7) Any property or liability insurance or performance bonds, except that the actual
procurement of any insurance or performance bonds by any department of the state
government, state institution, and state agency shall be made under the supervision of the
Bureau of Administration;
(8) Any supplies needed by the Department of Human Services or the Department of Social
Services or prison industries for the manufacturing of products;
(9) Any printing involving student activities, conducted by student organizations and paid for
out of student fees, at institutions under the control of the Board of Regents. However,
nothing in this subdivision exempts, from the requirements of this chapter and chapters
5-18B, 5-18C, and 5-18D, purchases that involve printing for other activities at
institutions under the control of the Board of Regents;
(10) Any purchase of surplus property from another purchasing agency;
(11) Any animals purchased;
(12) Any purchase by a school district of perishable food, raw materials used in construction
or manufacture of products for resale, or for transportation of students;
(13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 1-16J, 5-12,
or 11-11;
(14) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation of
farms by institutions under the control of the Board of Regents;
(15) Any purchase of supplies for any utility owned or operated by a municipality if the
purchase does not exceed the limits established in § 5-18A-14;
(16) For political subdivisions, any contract for asbestos removal in emergency response
actions and any contract for services provided by individuals or firms for consultants,
audits, legal services, ambulance services, architectural services and engineering,
insurance, real estate services, or auction services; or
(17) Any purchase of supplies or services from a contract established through a Midwestern
Higher Education Compact group purchasing program by a competitive sealed bid or a
competitive sealed proposal; or
(18) Any contract concerning the custody, management, purchase, sale, and exchange of fund
investments and research by the State Investment Council or Division of Investment.
Signed March 10, 2015
_______________
End Included file KY:\LMDATA\SESSIONS\90-2015\SESSIO~1\035.wpd
Start Included file MY:\LMDATA\SESSIONS\90-2015\SESSIO~1\036.wpd
CHAPTER 36
(SB 9)
State investment officer, transfer of certain funds procedure revised.
ENTITLED, An Act to revise certain provisions regarding the transfer of funds administered by the
state investment officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-5-30 be amended to read as follows:
4-5-30. The state investment officer, utilizing the facilities of the state budgetary accounting
system, shall pool cash accounts within the funds enumerated in § 4-5-23. The Appropriations
Committee of the Legislature, upon recommendations from the commissioner of finance and
management, shall certify those funds which are to participate in the interest income of the pooled
investments. The state investment officer shall credit the gain or interest due as a result of
investments made pursuant to § 4-5-29 on a pro rata basis to the participating funds in the same ratio
as the average daily cash balance of each fund bears to the total average cash balance of all funds.
At the beginning of If requested by the state investment officer during each fiscal year
, the state
treasurer shall transfer money from the South Dakota retirement fund,
cement plant retirement fund,
health care trust fund, education enhancement trust fund, the trust fund derived from the sale of state
cement enterprises,
the general fund portion of the pooled income account for the permanent school
and other educational fund provided for in S.D. Const., Art. VIII, and any other specific fund
approved by the Bureau of Finance and Management, other than the state pooled fund
account, to
the investment council expense
fund, which is hereby created account in an amount
equal to not to
exceed the ratio of the average assets in each fund for the previous fiscal year to the total average
assets managed by the investment council
, other than the state pooled fund, for the previous fiscal
year multiplied by the difference between the budget of the investment council for
the each fiscal
year and
the total of the
current fiscal year beginning cash balance in the investment council expense
account
. At the beginning of plus two hundredths of a percent of the prior fiscal year's average assets
in the state pooled fund. If requested by the state investment officer during each fiscal year
, the state
treasurer shall transfer money from the pooled income account to the investment council expense
account in an amount
equal to the ratio of the average daily cash balance of the pooled fund account
for the previous fiscal year to total average assets managed by the investment council for the
previous fiscal year multiplied by the difference between the budget of the investment council for
the fiscal year and the beginning cash balance in the investment council expense account. At the
beginning of each fiscal year, the state treasurer shall transfer money from the general fund portion
of the pooled income account to the investment council expense account in an amount equal to the
ratio of the average daily cash balance of the permanent school and other educational fund provided
for in Article VIII of the Constitution for the previous fiscal year to total average assets managed by
the investment council for the previous fiscal year multiplied by the difference between the budget
of the investment council for the fiscal year and the beginning cash balance in the investment council
expense account not to exceed two hundredths of a percent of the prior fiscal year's average assets
in the state pooled fund. The state investment officer may make multiple transfer requests during the
fiscal year, with each request being proportionate among the funds, provided that the total transfers
do not exceed the amounts provided by this section.
Signed March 10, 2015
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CHAPTER 37
(SB 52)
Investment income transferred to the general fund, repealed.
ENTITLED, An Act to repeal certain provisions regarding investment income that is transferred to
the general fund and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-5-30.1 be repealed.
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 13, 2015
_______________
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CHAPTER 38
(HB 1084)
Collateral eligible to be pledged as security for public deposits.
ENTITLED, An Act to expand collateral eligible to be pledged as security for public deposits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-6A-1 be amended to read as follows:
4-6A-1. Terms as used in this chapter mean:
(1) "Commission," the South Dakota Public Deposit Protection Commission created under
§ 4-6A-2;
(2) "Deposit insurance," insurance provided by the Federal Deposit Insurance Corporation,
or the Federal Savings and Loan Insurance Corporation, or the National Credit Union
Administration;
(3) "Eligible collateral," collateral which is eligible as security for public deposits pursuant
to §§ 51A-10-9, 52-5-20, 51A-4-25, and 51A-4-26 and also includes certificates of
deposit that are owned by the qualified public depository and that are fully insured by
deposit insurance, and that portion of loans which are unconditionally guaranteed by a
United States government agency including Government National Mortgage Association
(GNMA), the Veterans' Administration (VA), the Federal Housing Administration (FHA),
the Farmers Home Administration (FmHA), the Export-Import Bank (EXIMBANK), the
Overseas Private Investment Corporation (OPIC), the Commodity Credit Corporation
(CCC), and the Small Business Administration (SBA). Further, in lieu of pledging eligible
securities, a qualified public depository may furnish to a public depositor irrevocable
standby letters of credit issued by Federal Home Loan Banks to the public depositor
accompanied by a written evidence of that bank's public debt rating which may not be less
than "AA" or better by Moody's Investors Service, Inc., or Standard & Poor's Corporation,
or a qualified public depository may furnish to a public depositor a corporate surety bond
of a corporation authorized to do business in South Dakota;
(4) "Loss," issuance of an order of supervisory authority restraining a qualified public
depository from making payments of deposit liabilities or the appointment of a receiver
for a qualified public depository;
(5) "Maximum liability," a sum equal to one hundred percent of the public deposit accounts
which exceed deposit insurance, which are held by the qualified public depository;
(6) "Public deposit," all general, special, and other funds held or administered by this state
or any political subdivision thereof, including counties, municipalities, townships, and
school districts, or by any officer, commission, board, bureau, or agency of the state or
political subdivision or any tribal government funds, and which public deposit is insured,
in whole or in part, by deposit insurance. Deposits placed in banks by the Value Added
Finance Authority created pursuant to chapter 1-16E are not public deposits;
(7) "Qualified public depository," a state bank or trust company or, national bank or a state
chartered or, federal savings and loan association, or a federally chartered credit union
located in this state which receives or holds public deposits; and segregates eligible
collateral for public deposits as described in § 4-6A-3;
(8) "Treasurer," the state treasurer, a county treasurer, a treasurer of any other municipal
corporation, or the custodian of any public funds.
Signed February 24, 2015
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CHAPTER 39
(HB 1050)
The general revenue replacement fund created.
ENTITLED, An Act to repeal certain funds, to make revisions to receipts dedicated to the property
tax reduction fund, and to create the general revenue replacement fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-45C-14 be repealed.
Section 2. That § 10-45C-15 be repealed.
Section 3. That § 4-5-45 be repealed.
Section 4. That § 4-5-46 be repealed.
Section 5. That § 10-13-44 be repealed.
Section 6. That § 10-50-52 be amended to read as follows:
10-50-52. The first thirty million dollars in revenue collected annually pursuant to this chapter
shall be deposited in the general fund. All revenue The next five million dollars in excess of thirty
million dollars collected annually shall be deposited in the tobacco prevention and reduction trust
fund. Five million dollars of the revenue deposited annually in the tobacco prevention and reduction
trust fund pursuant to this section and shall be used to implement the tobacco prevention and
reduction program. Thirty-three percent of any revenue deposited in the tobacco prevention and
reduction trust fund in excess of five million dollars shall be transferred to the property tax reduction
fund. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust
fund in excess of five million dollars shall be transferred to the education enhancement tobacco tax
fund. Thirty-four percent of any revenue deposited in the tobacco prevention and reduction trust fund
in excess of five million dollars shall be transferred to the health care tobacco tax fund. All revenue
collected pursuant to this chapter in excess of thirty-five million dollars shall be deposited in the
general fund.
Section 7. That § 42-7A-24 be amended to read as follows:
42-7A-24. Net proceeds from the sale of instant lottery tickets shall be transferred to the state
general fund on an annual basis after July first each year. The commission shall maximize the net
proceeds to the state from the sale of instant and on-line lottery tickets. In no event may yearly lottery
expenses for the sale of lottery tickets, excluding expenditures from retained earnings, exceed the
amount of combined net proceeds transferred to the state general fund and the state capital
construction fund. Net machine income from video lottery games shall be directly deposited in the
state property tax reduction general fund upon receipt. Net proceeds are funds in the lottery operating
fund which are not needed for the payment of prizes, lottery expenses, and total retained earnings
up to one and one-half million dollars cash deemed necessary by the executive director and
commission for replacement, maintenance, and upgrade of business systems, product development,
legal
, and operating contingencies of the lottery.
In each fiscal year, the commission shall transfer the first one million four hundred thousand
dollars from the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24
to the general fund. The commission shall then transfer an amount equal to the remaining net
proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the state capital
construction fund created in § 5-27-1.
Section 8. That § 42-7A-63 be amended to read as follows:
42-7A-63. The commission shall maximize revenues to the state from video lottery. The state's
percentage of net machine income shall be fifty percent. The state's percentage of net machine
income shall be directly deposited to the property tax reduction general fund, except for one-half of
one percent of net machine income authorized for deposit into the video lottery operating fund. The
effective date of this section is July 1, 1996.
Section 9. That § 10-35-22 be amended to read as follows:
10-35-22. Any company requiring transmission lines or wind farm collector systems or both in
South Dakota for a wind farm or a power generation facility as described in § 10-35-1.3, is eligible
for a partial rebate of the tax paid under § 10-35-19. The company shall apply for the rebate on forms
prescribed by the secretary. The total amount of tax rebated shall be no more than fifty percent of
the cost of the transmission lines and wind farm collector systems in South Dakota.
The maximum rebate any company may receive in one year is ninety percent of the tax paid
under § 10-35-19 for the first five years and fifty percent of the tax paid under § 10-35-19 for the
next five years. The secretary shall determine when the wind farm is commercially operational. No
wind farm may receive a rebate under this section after this ten year period.
The secretary shall rebate the tax from the wind energy tax fund prior to the distribution of any
money as provided in § 10-35-21. The secretary may provide a tax credit, in lieu of full payment of
the gross receipts tax, of up to eighty percent of the transmission rebate value that has been approved
by the secretary. Any revenue in the wind energy tax fund after the rebates are paid shall be deposited
in the
property tax reduction general fund.
Section 10. That § 10-33A-5.1 be amended to read as follows:
10-33A-5.1. The secretary shall deposit sixty percent of the revenue collected from the tax
imposed by this chapter into the property tax reduction general fund and forty percent of the revenue
collected from the tax imposed by this chapter into the county telecommunications gross receipts
fund. There is hereby created in the state treasury the county telecommunications gross receipts fund.
Section 11. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:
There is hereby established within the state treasury the general revenue replacement fund. The
state treasurer shall transfer any funds remaining in the property tax reduction fund as of June 30,
2015, to the general revenue replacement fund. In fiscal year 2016 and each year thereafter, the
commissioner of finance and management may transfer moneys available from the general revenue
replacement fund to the general fund necessary to balance the annual budget due to an unforeseen
revenue shortfall.
Section 12. That § 4-7-39 be amended to read as follows:
4-7-39. The commissioner of the Bureau of Finance and Management shall transfer any
unobligated cash remaining after the transfer into the budget reserve fund as required by § 4-7-32
into the property tax reduction general revenue replacement fund if the amount in the property tax
reduction general revenue replacement fund does not exceed fifteen percent of the general fund
appropriations in the General Appropriations Act for the previous fiscal year.
Section 13. That § 4-7-42 be amended to read as follows:
4-7-42. Terms used in §§ 4-7-43 and 4-7-44 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 including any outstanding
balance on repayments due to the budget reserve fund pursuant to a legislative act;
and
(b)
Property tax reduction General revenue replacement fund at the end of the prior
fiscal year.
Section 14. That § 4-7-43 be amended to read as follows:
4-7-43. 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 general revenue replacement fund pursuant to the provisions of §§ 4-7-32
and 4-7-39.
Section 15. That § 4-7-44 be amended to read as follows:
4-7-44. 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 general revenue replacement fund to
the building South Dakota fund so that the total of the amount deposited pursuant to this section and
§ 4-7-43 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 16. That § 13-13-72.1 be amended to read as follows:
13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71
and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a
percentage of statewide local need in the fiscal year succeeding the fiscal year in which the
adjustment is made. However, for fiscal year 2013 and each year thereafter, if the levies specified
in § 10-12-42 are not adjusted to maintain this relationship, the per student allocation as defined in
§ 13-13-10.1(4) shall be reduced to maintain the relationship between statewide local effort as a
percentage of statewide local need. Any adjustment to the levy for agricultural property shall be
based upon the change in the statewide agricultural taxable valuation and the reclassification of
agricultural property to another property classification. Any adjustment to the levies for
nonagricultural property and owner-occupied single-family dwellings shall be based upon the change
in the statewide nonagricultural property and owner-occupied single-family dwellings taxable
valuations. However, if any new project with a total taxable valuation of one hundred fifty million
dollars or more is constructed, the levies shall be proportionately decreased for agricultural property,
nonagricultural property, and owner-occupied single-family dwellings. In addition to the adjustments
in the levies provided by this section, the levies shall also be annually adjusted as necessary to reduce
the portion of local need paid by local effort by an amount equal to nine million dollars from those
funds transferred into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1,
2007. In addition to the adjustments in the levies provided by this section, the levies for
nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as
necessary to account for the additional increase in the total assessed value for nonagricultural
property and owner-occupied single-family dwellings pursuant to the phasing out and repeal of the
provisions provided in § 10-6-74.
Signed March 12, 2015
_______________
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CHAPTER 40
(SB 172)
Strengthen the financial practices of the State of South Dakota.
ENTITLED, An Act to strengthen the financial practices of the State of South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The total principal amount of debt outstanding through the South Dakota Building
Authority and the vocational education program of the South Dakota Health and Educational
Facilities Authority may not exceed one and two-tenths percent of South Dakota's gross domestic
product for the most recently completed calendar year as calculated by the United States Bureau of
Economic Analysis.
Section 2. The total annual debt service payments of the South Dakota Building Authority and
the vocational education program of the South Dakota Health and Educational Facilities Authority
may not exceed four percent of the total ongoing general fund receipts for the most recently
completed state fiscal year.
Section 3. The Bureau of Finance and Management shall issue a plan outlining the current debt
policies and metrics of the state listed in sections 1 and 2 of this Act, along with any other financial
analysis and metrics performed annually to measure compliance with the policies listed in sections
1 and 2 of this Act.
Section 4. The Bureau of Finance and Management shall issue a long-term financial plan
outlining actual general fund revenues and expenses for the most recently completed fiscal year as
well as general fund forecasts for the current fiscal year, the next fiscal year, and the succeeding two
fiscal years.
Section 5. The Bureau of Finance and Management shall issue a capital expenditure plan
outlining new construction projects, renovation and expansion projects, as well as maintenance and
repair projects for the current fiscal year and the succeeding four fiscal years.
Section 6. The financial plans listed in sections 3 to 5, inclusive, of this Act shall be calculated,
prepared, and released for public viewing by the Bureau of Finance and Management no later than
January fifteenth of each year.
Signed March 12, 2015
_______________
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CHAPTER 41
(HB 1046)
Zero based budgets
and the coordination of federally aided programs, repealed.
ENTITLED, An Act to revise certain provisions regarding zero based budgets, budgeting
procedures, and the coordination of federally aided programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-7A-1 be repealed.
Section 2. That § 4-7A-2 be repealed.
Section 3. That § 4-7A-3 be repealed.
Section 4. That § 4-7A-4 be repealed.
Section 5. That § 4-7A-5 be repealed.
Section 6. That § 4-8B-1 be repealed.
Section 7. That § 4-8B-3 be repealed.
Section 8. That § 4-8B-11 be repealed.
Section 9. That § 4-8B-12 be repealed.
Section 10. That § 4-7-1 be amended to read as follows:
4-7-1. Terms used in this chapter, unless the context otherwise requires, mean:
(1) "Appropriation," an authorization by the Legislature to a budget unit to expend, from
public funds, a sum of money not in excess of the sum specified, for the purposes
specified in the authorization and under the procedure described in this chapter;
(2) "Budget," the complete financial plan for the state for the fiscal period as proposed in the
budget report and modified and adopted by appropriation and revenue acts;
(3) "Budget estimate," the statement with accompanying explanations, as provided in this
chapter, in which a budget unit sets forth its financial requirements;
(4) "Budget message," the required statement by the Governor to the Legislature after its
convening, which gives a summary description of his proposed financial policies and
plans contained in the budget report, together with his recommendations for additional
revenues, if any;
(5) "Budget report," the recommendations of the Governor to the Legislature as to financial
plans and appropriations to be requested, with the accompanying statements and
explanations provided for in this chapter;
(6)(5) "Budget unit," a department, institution, commission, agency, board, examining board,
or other unit of government for which separate appropriations, continuing appropriations
or other dedications or earmarking of funds are made or which otherwise collects fees or
funds of any nature under authority of any statute of this state;
(7)(6) "Classification of expenditures," one of the several definite kinds of expenditures
denoting a class of service or commodities purchased or properties acquired as specified
by the commissioner of finance and management for use in expenditure accounting, in the
making of budget estimates, and in the budget reports and budgets. Such classification
shall be by program, function, activity, organizational unit, character and object;
(8)(7) "General Appropriations Act," an act of the Legislature which authorizes the expenditure
of money from public funds for the ordinary current
and capital expenditures of the
executive, legislative, and judicial departments of the state, the current expenses of state
institutions, interest on the public debt, and for public schools, as further defined by rules
and regulations issued by the commissioner of finance and management;
(9)(8) "Informational budget," the budget of any budget unit not receiving general fund
appropriations;
(10)(9) "Special appropriations act," an act of the Legislature which authorizes the
expenditure of money from public funds for any purpose other than those purposes
enumerated in the definition of the General Appropriations Act.
Section 11. That § 4-7-1.1 be amended to read as follows:
4-7-1.1. For the purposes of this chapter:
(1) An "advisory body" is one which serves as an official consultant or advisor to a state
agency without making formal policy decisions for the agency or its programs;
(2) A "legislative body" is one composed primarily of legislators pursuant to chapter 1-4, 1-26, 1-26B, 2-6, 2-9, 2-11, 2-16, 4-8A, or 4-8B, or 6-11;
(3) A "management body" is a policymaking body which has additional duties,
responsibilities, and authority such that they place additional demands upon the body's
members in terms of attending meetings, dealing with state agencies and the public, and
being knowledgeable in the body's specific subject area; and
(4) A "policymaking body" is one which monitors and directs the work of an agency by
making official policy either through rule making, licensing, or regulatory authority.
Section 12. That § 4-7-9 be amended to read as follows:
4-7-9. The Governor, through the Bureau of Finance and Management, shall prepare and submit
a budget report to the Legislature, and copies thereof shall be transmitted to each member of the
Legislature, not later than the first Tuesday after the first Monday of December immediately
preceding the session for consideration either with or without amendments and modifications by the
Legislature. The Governor may present such report to the Legislature in person.
Section 13. The Joint Committee on Appropriations may request any department or budget unit
to submit a zero based budget scenario pursuant to guidelines and procedures established jointly by
the Bureau of Finance and Management and the Legislative Research Council.
Signed March 13, 2015
_______________
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CHAPTER 42
(SB 99)
Legislative contingency fund created and appropriation.
ENTITLED, An Act to revise certain provisions regarding the risk pool fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. On June 29, 2015, the state treasurer shall transfer to the legislative priority pilot
program contingency fund, which is hereby created, the sum of one million dollars ($1,000,000)
from the South Dakota risk pool fund created by § 58-17-120. The contingency funds are to be made
available in accordance with the provisions of §§ 4-8A-9, 4-8A-10, 4-8A-11, and 4-8A-12. The
contingency funds shall be used to fund legislative priority pilot programs. Interest earned on money
in the fund shall be deposited into the general fund.
Signed March 13, 2015
_______________
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CHAPTER 43
(HB 1049)
Sales tax refund program fund repeal clean-up.
ENTITLED, An Act to repeal certain provisions regarding reversions of appropriations for a
repealed tax refund program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 7 of chapter 134 of the 2011 Session Laws be repealed.
Section 7. That section 5 of chapter 140 of the 2009 Session Laws be amended to read as
follows:
Section 5. The provisions of § 4-8-21 do not apply to the moneys appropriated by section 3 of
this Act.
Section 2. This Act is effective June 28, 2015.
Signed March 13, 2015
_______________
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CHAPTER 44
(HB 1185)
Appropriation for property and casualty loss coverage.
ENTITLED, An Act to make an appropriation for property and casualty loss coverage, to establish
the property and casualty captive insurance company fund for state properties, 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 million dollars
($4,000,000) to the Bureau of Administration for the purpose of making a grant to a captive
insurance company controlled entirely by the state to fund property and casualty loss coverage.
Section 2. The commissioner of the Bureau of Administration shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. The provisions of § 4-8-21 do not apply to the funds appropriated by this Act.
Section 4. There is hereby established in the state treasury the property and casualty captive
insurance company fund. The Bureau of Administration may enter into an agreement with a captive
insurance company for the management of the company's funds. Money in this fund may be used to
pay for property and casualty losses for state owned property as well as administrative and
reinsurance costs for this fund. Interest earned on money in the fund shall be deposited into the fund.
Unexpended money and any interest that may be credited to the fund shall remain in the fund. Any
money in the property and casualty captive insurance company 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 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 13, 2015
_______________
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CHAPTER 45
(HB 1186)
Appropriation for the Science and Technology Authority.
ENTITLED, An Act to revise an appropriation made to the Science and Technology Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 1 of chapter 14 of the 2004 Session Laws be amended to read as follows:
Section 1. There is hereby appropriated from the state general fund to the Science and
Technology Authority the sum of ten million dollars ($10,000,000) for the purpose of funding an
indemnification fund which is to be included as a part of an agreement between the owners of the
former Homestake Mine and the authority whereby the owners will agree to convey portions of the
former mine to the authority and the authority will agree to indemnify the owners of the former mine
upon the terms and conditions to be set forth in the agreement.
Up to two million five hundred
thousand dollars of the indemnification fund may be used to provide initial capital and pay expenses
for a captive insurance company upon the terms and conditions to be set forth in the agreement
between the owners of the former Homestake Mine and the authority. If released in writing by the
owners of the former Homestake Mine, up to seven million five hundred thousand dollars of the
indemnification fund may be used by the authority for the purpose of a project, as defined in
subdivision 1-16H-3(3), at the former Homestake Mine in Lead, South Dakota.
Signed March 13, 2015
_______________
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CHAPTER 46
(HB 1187)
An appropriation for liability coverage for various state authorities.
ENTITLED, An Act to make an appropriation for liability coverage for the South Dakota Building
Authority, South Dakota Health and Educational Facilities Authority, South Dakota Housing
Development Authority, South Dakota Ellsworth Development Authority, and South Dakota
Educational Enhancement Funding Corporation, to establish the liability captive insurance
company 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 two million dollars
($2,000,000) to the Bureau of Administration for the purpose of making a grant to a captive
insurance company to provide liability coverage to the South Dakota Building Authority, South
Dakota Health and Educational Facilities Authority, South Dakota Housing Development Authority,
South Dakota Ellsworth Development Authority, and the South Dakota Educational Enhancement
Funding Corporation.
Section 2. The commissioner of the Bureau of Administration shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. The provisions of § 4-8-21 do not apply to the funds appropriated by this Act.
Section 4. There is hereby established in the state treasury the liability captive insurance company
fund. The Bureau of Administration may enter into an agreement with a captive insurance company
for the management of the company's funds. Money in this fund may be used to pay for liability
coverage as well as administrative costs for this fund. Interest earned on money in the fund shall be
deposited into the fund. Unexpended money and any interest that may be credited to the fund shall
remain in the fund. Any money in the liability captive insurance company 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 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 13, 2015
_______________
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Start Included file cY:\LMDATA\SESSIONS\90-2015\SESSIO~1\047.wpd
CHAPTER 47
(HB 1189)
An appropriation to fund tax refunds
for elderly persons and persons with a disability.
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,
2016, 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 10, 2015
_______________
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Start Included file eY:\LMDATA\SESSIONS\90-2015\SESSIO~1\048.wpd
CHAPTER 48
(SB 51)
Contingency funding related to unanticipated medical costs repealed.
ENTITLED, An Act to repeal the contingency funds 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. That chapter 38 of the 2014 Session Laws be repealed.
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 13, 2015
_______________
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Start Included file gY:\LMDATA\SESSIONS\90-2015\SESSIO~1\049.wpd
CHAPTER 49
(SB 174)
Appropriation for the Ross Shaft
at the Sanford Underground Research Facility.
ENTITLED, An Act to make an appropriation for the Ross Shaft at the Sanford Underground
Research Facility 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 three million nine
hundred fifty thousand dollars ($3,950,000), or so much thereof as may be necessary, to the South
Dakota Science and Technology Authority for the purposes of making upgrades and improvements
to the Ross Shaft at the Sanford Underground Research Facility.
Section 2. The moneys appropriated in section 1 of this Act shall be expended in accordance with
the provisions of chapter 1-16H.
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 19, 2015
_______________
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PUBLIC PROPERTY, PURCHASES AND CONTRACTS
_______________
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CHAPTER 50
(HB 1029)
State-owned building requirements
regarding high performance building design and construction.
ENTITLED, An Act to revise certain requirements regarding high performance building design and
construction standards for newly constructed or renovated state-owned buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-14-32 be amended to read as follows:
5-14-32. Terms used in this section and §§ 5-14-33 to 5-14-38, inclusive, mean:
(1) "High-performance green building standard," a building that is designed and constructed
in a manner that achieves at least:
(a) A silver standard rating under the United States Green Building Council's
Leadership in Energy and Environmental Design (LEED) rating system in effect
as of July 1, 2009, or earlier if the building was registered or certified under a
previous LEED rating system version November 18, 2013;
(b) A two globe rating under the Green Building Initiative's Green Globes rating
system as of January 1, 2008 July 31, 2013; or
(c) A comparable numeric rating under a sustainable building certification program
recognized by the American National Standards Institute as an accredited standards
developer;
(2) "New construction," any new building constructed by any state agency, department, or
institution which has a cost of five hundred thousand one million dollars or more or that
includes five ten thousand square feet or more of space;
(3) "Renovation" or "renovated," any alteration of a state building with a cost of five hundred
thousand one million dollars or more or that includes five ten thousand square feet or
more of the building;
(4) "State building project," new construction or renovation of a building, which has heating,
ventilation, or air conditioning, by the Board of Regents or any state agency, department,
or institution.
Section 2. That § 5-14-33 be amended to read as follows:
5-14-33. Any state building projects as defined in § 5-14-32, shall meet or exceed a high-performance green building standard that was in effect when the project was registered with the
rating system.
Signed March 10, 2015
_______________
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Start Included file kY:\LMDATA\SESSIONS\90-2015\SESSIO~1\051.wpd
CHAPTER 51
(HB 1139)
Competitive sealed bids process revised
for public purchasing agencies.
ENTITLED, An Act to revise certain procedures for competitive sealed bids by public purchasing
agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 5-18B be amended by adding thereto a NEW SECTION to read as
follows:
If an invitation for a bid for airport improvements states that the requirement the bid be awarded
within thirty days has been waived, the provisions of subdivision 5-18A-5(7) and § 5-18B-9 do not
apply. If the bid award time exceeds thirty days, any bid may be withdrawn by the bidder without
jeopardizing the bid bond. This section only applies to any improvement project that relies on federal
funding from the federal aviation administration.
Signed March 11, 2015
_______________
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Start Included file mY:\LMDATA\SESSIONS\90-2015\SESSIO~1\052.wpd
CHAPTER 52
(HB 1085)
Requirement revised for performance securities.
ENTITLED, An Act to revise certain provisions regarding the requirement for performance
securities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-21-1.1 be amended to read as follows:
5-21-1.1. The requirement of a performance security may be waived by a public corporations
when corporation if the bid submitted does not exceed twenty-five thousand dollars the limit
established pursuant to § 5-18A-14 for a public improvement.
Signed February 26, 2015
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Start Included file oY:\LMDATA\SESSIONS\90-2015\SESSIO~1\053.wpd
CHAPTER 53
(HB 1042)
Department of Public Safety appropriation to construct offices.
ENTITLED, An Act to authorize the Department of Public Safety to construct offices in Butte
County and Roberts County, 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,
placement, furnishing, equipping, and maintaining of, including heating, plumbing, water, sewer,
electric facilities, architectural and engineering services, and such other services or actions as may
be required to construct offices, to be located on the Department of Transportation lots or in the
immediate vicinity, in Butte County and Roberts County, South Dakota.
Section 2. There is hereby appropriated the sum of one hundred ninety-six thousand eight
hundred fifty dollars ($196,850) 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 § 5-14-2, shall supervise the design,
renovation, and construction of the facilities approved by this Act. The commissioner of the Bureau
of Administration and the secretary 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 11, 2015
_______________
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LOCAL GOVERNMENT GENERALLY
_______________
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CHAPTER 54
(HB 1106)
Municipal, county, or township officers decision-making authority.
ENTITLED, An Act to establish the rights of municipal, county, or township officers in certain
decision-making processes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. An elected or appointed municipal, county, or township officer may receive and
consider relevant information from any source to perform the duties of office. An elected or
appointed municipal, county, or township officer may rely on his or her own experience and
background on any official matters, subject to the applicable law and rule concerning recusal and
disqualification of a public officer.
Section 2. Any public hearing or meeting conducted by an elected or appointed municipal,
county, or township officer regarding any proposed ordinance, resolution, or regulation on any
subject is legislative in nature and may be conducted informally to the extent the officer deems
necessary to secure public comment on matters of public interest. The formal rules of procedure and
evidence do not apply to the conduct of the public hearing or meeting. This provision does not
abrogate any open meeting requirements in chapter 1-25.
Section 3. Any public hearing or meeting conducted by an elected or appointed municipal,
county, or township officer regarding a quasi-judicial matter as defined in subdivision 1-32-1(10)
may be conducted informally to secure the information required to make a decision. The formal rules
of procedure and evidence do not apply to the conduct of the public hearing or meeting. If an officer
relies upon any evidence not produced at a public hearing or meeting, the officer shall disclose the
evidence publicly and include the information in the public record to afford all parties an opportunity
to respond or participate. Failure to make this disclosure may be grounds for the municipal, county,
or township officer's disqualification for that particular decision, pursuant to the grounds for
disqualification pursuant to section 4 of this Act.
Section 4. An elected or appointed municipal, county, or township officer may receive input from
the public, directly or indirectly, about any matter of public interest. Such contact alone does not
require the officer to recuse himself or herself from serving as a quasi-judicial officer in another
capacity. An elected or appointed officer is presumed to be objective and capable of making
decisions fairly on the basis of the officer's circumstances and may rely on the officer's own general
experience and background. Only by a showing of clear and convincing evidence that the officer's
authority, statements, or actions regarding an issue or a party involved demonstrates prejudice or
unacceptable risk of bias may an officer be deemed disqualified in a quasi-judicial proceeding.
Signed March 10, 2015
_______________
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Start Included file sY:\LMDATA\SESSIONS\90-2015\SESSIO~1\055.wpd
CHAPTER 55
(SB 153)
South Dakota certified site and technology park programs repealed.
ENTITLED, An Act to repeal the South Dakota certified site and technology park programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 6-18-1.1 be repealed.
Section 2. That § 6-18-2 be repealed.
Section 3. That § 6-18-4 be repealed.
Section 4. That § 6-19-1 be repealed.
Section 5. That § 6-19-2 be repealed.
Section 6. That § 6-19-3 be repealed.
Section 7. That § 6-19-4 be repealed.
Section 8. That § 6-19-5 be repealed.
Section 9. That § 6-19-6 be repealed.
Section 10. That § 6-19-7 be repealed.
Section 11. That § 6-19-8 be repealed.
Section 12. That ARSD 68:03:01:01 be repealed.
Section 13. That ARSD 68:03:01:02 be repealed.
Section 14. That ARSD 68:03:01:03 be repealed.
Section 15. That ARSD 68:03:01:04 be repealed.
Section 16. That ARSD 68:03:01:05 be repealed.
Section 17. That ARSD 68:03:01:06 be repealed.
Section 18. That ARSD 68:03:01:07 be repealed.
Section 19. That ARSD 68:03:01:08 be repealed.
Section 20. That ARSD 68:03:01:09 be repealed.
Section 21. That ARSD 68:03:01:10 be repealed.
Section 22. That ARSD 68:03:01:11 be repealed.
Section 23. That ARSD 68:03:01:12 be repealed.
Section 24. That ARSD 68:03:01:13 be repealed.
Section 25. That ARSD 68:03:01:14 be repealed.
Section 26. That ARSD 68:03:01:15 be repealed.
Section 27. That ARSD 68:03:01:16 be repealed.
Signed March 12, 2015
_______________
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COUNTIES
_______________
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CHAPTER 56
(HJR 1005)
Oglala Lakota County.
A JOINT RESOLUTION, Designating Oglala Lakota County as the new name of Shannon County.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH
DAKOTA, THE SENATE CONCURRING THEREIN:
WHEREAS, a petition complying with the provisions of § 7-1-69 was successfully filed to
request the name of Shannon County to be changed and for the question of that name change to
appear on a ballot for the voters of Shannon County at the 2014 general election; and
WHEREAS, on November 4, 2014, more than two-thirds of votes cast in Shannon County were
in favor of changing the name of the county to Oglala Lakota County as required by § 7-1-70; and
WHEREAS, the Governor has communicated to the Legislature the results of the election as
required by § 7-1-71; and
WHEREAS, the Legislature is required by § 7-1-71 to designate by joint resolution the new
name of the county:
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninetieth
Legislature of the State of South Dakota, the Senate concurring therein, that the new name of
Shannon County is Oglala Lakota County.
Filed March 10, 2015
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Start Included file wY:\LMDATA\SESSIONS\90-2015\SESSIO~1\057.wpd
CHAPTER 57
(SB 66)
The county renaming process, streamlined.
ENTITLED, An Act to revise certain provisions regarding the county renaming process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-1-70 be amended to read as follows:
7-1-70. If a two-thirds majority of the votes cast at an election held pursuant to § 7-1-69 are in
favor of changing the name of such the county, the county auditor shall within ten days after the
canvass of said the vote, certify under the seal of his the county auditor's office to the Governor
secretary of state, the result of the canvass of the votes cast at such the election, and setting forth the
new name of such the county.
Section 2. That § 7-1-71 be repealed.
Section 3. That § 7-1-72 be amended to read as follows:
7-1-72. Upon the designation certification made by the Legislature county auditor pursuant to
§ 7-1-71 § 7-1-70, the Governor secretary of state shall publicly proclaim the result of the election
held pursuant to § 7-1-69 and of the new name of the county. The new name of such the county shall
be in full force and effect on the first day of the month July in the year following such proclamation
by the Governor the election held pursuant to § 7-1-70.
Section 4. That § 7-1-69 be amended to read as follows:
7-1-69. Whenever not less than fifteen percent of the registered voters of any organized county
in this state, based upon the total number of registered voters at the last preceding general election,
shall on or before the first day of July in any general election year, file in the office of county auditor
a petition requesting that the name of such the county be changed and authorizing the county to
appropriate and pay for all local government and state government costs associated with changing
the name of the county, the county auditor shall at the next regular election, submit to the legal voters
of the county on a separate printed ballot the following question:
Shall the name of this county be changed to ____________
and county funds be appropriated
to pay for all local government and state government costs associated with the name change?
All voters in favor of changing the name of
such the county
and paying for all the local
government and state government costs associated with the name change shall place either a cross
or check mark in the square before the word Yes on the ballot. All voters who do not favor changing
the name of such county
and paying for all the local government and state government costs
associated with the name change shall place either a cross or check mark in the square before the
word No on the ballot.
All local government and state government costs associated with changing
the name of the county shall be paid by the county from county funds appropriated for that purpose
before the change of the name of the county shall be effective.
Signed March 13, 2015
_______________
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CHAPTER 58
(HB 1081)
Statutory revisions regarding counties and county commissioners.
ENTITLED, An Act to repeal certain provisions regarding county officials and the board of county
commissioners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-7-24 be amended to read as follows:
7-7-24. All county officials, except sheriffs, shall be paid for traveling expenses for each mile
traveled in the discharge of their official duties not to exceed state mileage rate.
Section 2. That § 7-7-4 be amended to read as follows:
7-7-4. The county commissioners shall be paid traveling expenses for each mile traveled in the
discharge of their official duties of not more than the state rate. For the purpose of this section,
traveling expense incurred by county commissioners to attend meetings in the State of South Dakota,
called for the purposes of instructing or exchange of information pertaining to county officers and
government, are miles traveled in the discharge of their official duties.
Section 3. That § 7-8-22 be repealed.
Section 4. That § 24-11-26 be repealed.
Signed March 10, 2015
_______________
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MUNICIPAL GOVERNMENT
_______________
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CHAPTER 59
(SB 88)
Emergency appointments to the municipal election board.
ENTITLED, An Act to authorize emergency appointments to the municipal election board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-13-16.1 be amended to read as follows:
9-13-16.1. Each voting precinct shall be presided over by an election board consisting of a
minimum of two precinct deputies and one precinct superintendent appointed by the governing body.
Any vacancy on the election board that arises between the time of appointment and the day of the
election may be appointed by the person in charge of the election. Each precinct superintendent and
precinct deputy shall receive compensation which shall be fixed by the governing body.
Signed March 10, 2015
_______________
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Start Included file }Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\060.wpd
CHAPTER 60
(HB 1104)
Notification procedure modified
for payment of delinquent special assessments.
ENTITLED, An Act to revise certain provisions regarding the notification procedure for payment
of delinquent special assessments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-43-106 be amended to read as follows:
9-43-106. Under Plan Two, the finance officer shall deliver no later than November first to the
county auditor of the county in which the property assessed is located, all special assessments
remaining unpaid that have become delinquent on or before October first. The finance officer shall
certify to the county auditor the original amount of the assessment or installment, the amount of
accrued interest of the assessment, the name of the property owner as provided by the director of
equalization, the character of the improvement for which the assessment was made, and the legal
description of the property. The county auditor shall include the delinquent installment and accrued
interest in the following year at the time the real property tax is paid and shall certify the installment
and interest, together with the general taxes, to the county treasurer for collection in accordance with
pursuant to the provisions of chapter 10-17.
After delivery of the assessment role to the county auditor, the finance officer shall promptly
notify the county auditor of all delinquent installments of assessments paid to the finance officer
prior to January first, and the auditor shall cancel the delinquent installment.
Signed February 18, 2015
_______________
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TAXATION
_______________
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\061.wpd
CHAPTER 61
(SB 20)
Manufactured or mobile home to be considered real property.
ENTITLED, An Act to revise the age that a manufactured home or mobile home will be considered
real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-4-2.4 be amended to read as follows:
10-4-2.4. Real property, for the purposes of ad valorem taxation, includes manufactured homes
as defined in subdivision 32-3-1(6) with a model year of 1977 or newer and mobile homes as defined
in subdivision 32-3-1(8). This section does not apply to any manufactured home in the inventory of
any dealer as defined in subdivision 32-7A-1(2).
Section 2. That § 10-4-2.6 be amended to read as follows:
10-4-2.6. If a manufactured home with a model year of 1977 or newer, or mobile home is sold
by a licensed manufactured home dealer, the dealer shall complete the manufactured home listing
form, as prescribed by the secretary of revenue, and send the completed form to the director of
equalization of the county in which the manufactured home was delivered. The form shall be sent
within thirty days after the delivery of the manufactured home.
Signed February 12, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\062.wpd
CHAPTER 62
(SB 19)
References to the Internal Revenue Code 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, 2014
2015; 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, 2014 2015. 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, 2014 2015.
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, 2014
2015, 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, 2014 2015, 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, 2014 2015, 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, 2014 2015, 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, 2014 2015, 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,
2014 2015, 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, 2014 2015, 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 2015, 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, 2014 2015, 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 subdivision (7) of § 10-43-10.3 be amended to read as follows:
(7) For those financial institutions making an election pursuant to 26 USC § 1362(a), as
amended, and in effect on January 1, 1997 2015, 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
Section 12. 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, 2014 2015,
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 12, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\063.wpd
CHAPTER 63
(HB 1017)
Department of Revenue statutes updated.
ENTITLED, An Act to repeal certain outdated and unnecessary provisions related to the Department
of Revenue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-4-23.1 be repealed.
Section 2. That § 42-7-80 be repealed.
Section 3. That § 1-16G-4 be repealed.
Section 4. That § 10-12A-4 be amended to read as follows:
10-12A-4. The department may enter into tax collection agreements with any Indian tribe under
the provisions of this chapter and chapter 1-24. These agreements may provide for the collection of
any of the following state taxes and any tribal taxes imposed by a tribe that are identical to the
following state taxes:
(1) The retail sales and service tax imposed by chapter 10-45;
(2) The use tax imposed by chapter 10-46;
(3) The contractors' excise tax imposed by chapter 10-46A;
(4) The alternate contractors' excise tax imposed by chapter 10-46B;
(5) The cigarette tax imposed by chapter 10-50;
(6) The motor vehicle excise tax imposed by chapter 32-5B;
(7) The fuel excise tax imposed by chapter 10-47B;
(8) The wholesale tax on tobacco products imposed by chapter 10-50;
(9) The amusement device tax imposed by chapter 10-58;
(10) The gross receipts tax on visitor related businesses imposed by chapter 10-45D;
(11) The excise tax on farm machinery, attachment units, and irrigation equipment imposed
by chapter 10-46E;
(12) The contractor's excise tax on new or expanded power production facilities imposed by
chapter 10-46C.
The agreement may provide for the retention by the department of an agreed-upon percentage
of the gross revenue as an administrative fee.
Signed February 9, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\064.wpd
CHAPTER 64
(SB 21)
Income guidelines for property tax relief program updated.
ENTITLED, An Act to revise the income guidelines for the paraplegic property tax relief program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-4-24.12 be amended to read as follows:
10-4-24.12. The percentage tax reduction of real property taxes, as provided in pursuant to § 10-4-24.11, due or paid on a single family dwelling for a single member household shall be is according
to the following schedule:
|
If household income
|
but not
|
The tax due reduction
|
|
is more than:
|
more than
|
on current levy is:
|
|
$ 0
|
$5,000 11,670
|
100%
|
5,000 11,670
|
6,000 12,670
|
75%
|
6,000 12,670
|
7,000 13,670
|
50%
|
7,000 13,670
|
8,000 14,670
|
25%
|
more than 8,00014,670
|
|
0%
|
Section 2. That § 10-4-24.13 be amended to read as follows:
10-4-24.13. The percentage tax reduction of real property taxes, as provided for in pursuant to
§ 10-4-24.11, due or paid on a single family dwelling for a multiple member household shall be is
according to the following schedule:
|
If household income
|
but not
|
The tax due reduction
|
|
is more than:
|
more than
|
on current levy is:
|
|
$ 0
|
$ 9,000 15,730
|
100%
|
9,000 15,730
|
10,000 16,730
|
75%
|
10,000 16,730
|
11,000 17,730
|
50%
|
11,000 17,730
|
12,000 18,730
|
25%
|
more than 12,000 18,730
|
|
0%
|
Signed February 12, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\065.wpd
CHAPTER 65
(SB 5)
Assessment and taxation of real property revised.
ENTITLED, An Act to revise certain provisions concerning the assessment and taxation of real
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 4 of chapter 40 of the 2009 Session Laws and section 3 of chapter 44 of
the 2008 Session Laws be repealed.
Section 2. That § 10-6-31 be amended to read as follows:
10-6-31. For the purposes of taxation, all property is hereby classified into the following classes:
(1) Agricultural property;
(2) Nonagricultural property; and
(3) Owner-occupied single-family dwellings; and
(4) Nonagricultural acreage property.
Agricultural property includes all property and land used exclusively for agricultural purposes,
both tilled and untilled, and the improvements on the land. However, agricultural property does not
include any normally occupied dwelling or automobile garage or portion of a building used for that
purpose by the occupant of such dwelling. Owner-occupied single-family dwellings include all
property classified pursuant to § 10-13-39
and nonagricultural acreage property includes all property
classified pursuant to § 10-6-33.14.
Nonagricultural property includes all other property not otherwise classified.
The director of equalization in listing and assessing all property to which this section applies
shall designate opposite each description the class to which the property belongs.
Signed March 10, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\066.wpd
CHAPTER 66
(SB 180)
The production tax for wind energy facilities.
ENTITLED, An Act to revise certain provisions regarding the production tax for wind energy
facilities and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-35-17 be amended to read as follows:
10-35-17. Any company owning or holding under lease, or otherwise, real or personal property
used, or intended for use, as a wind farm producing power for the first time on or after July 1, 2007,
and prior to April 1, 2015, shall pay the alternative annual taxes provided in §§ 10-35-18 and 10-35-19.
A wind farm that produces power for the first time on or after April 1, 2015, shall pay the
alternative annual taxes provided in § 10-35-18 and section 3 of this Act. The alternative taxes
imposed by §§ 10-35-18
and, 10-35-19
, and section 3 of this Act, are in lieu of all taxes levied by
the state, counties, municipalities, school districts, or other political subdivisions of the state on the
personal and real property of the company which is used or intended for use as a wind farm, but are
not in lieu of the retail sales and service tax imposed by chapter 10-45, the use tax imposed by
chapter 10-46, or any other tax.
Section 2. That § 10-35-19 be amended to read as follows:
10-35-19. Any company owning or holding under lease, or otherwise, real or personal property
used, or intended for use, as a wind farm producing power for the first time on or after July 1, 2007,
and prior to April 1, 2015, shall pay an annual tax of two percent of the gross receipts of the wind
farm. For purposes of this section, the gross receipts of $.00065 per kilowatt hour of electricity
produced by the wind farm is its production of electricity in kilowatt hours multiplied by the South
Dakota electricity base rate of $0.0475 per kilowatt hour in 2008, with the electricity base rate of
$0.0475 per kilowatt hour increasing by 2.5 percent on an annual basis thereafter, as determined by
the secretary. The owner of a wind farm subject to tax under this section shall file a report with the
secretary detailing the amount of electricity in kilowatt-hours that was produced by the wind farm
for the previous calendar year. The secretary shall prescribe the form of the report. The tax for the
gross receipts generated electricity produced in a calendar year shall become due and be payable to
the secretary on the first day of February of the following year. Except as otherwise provided in
§§ 10-35-16 to 10-35-22, inclusive, the provisions of chapter 10-59 apply to the administration of
the tax.
Section 3. Any company owning or holding under lease, or otherwise, real or personal property
used, or intended for use, as a wind farm producing power for the first time on or after April 1, 2015,
shall pay an annual tax of $.00045 per kilowatt hour of electricity produced by the wind farm. The
owner of a wind farm subject to the tax shall file a report with the secretary detailing the amount of
electricity in kilowatt-hours that was produced by the wind farm for the previous calendar year. The
secretary shall prescribe the form of the report. The tax for the electricity produced in a calendar year
shall become due and be payable to the secretary on the first day of February of the following year.
Except as otherwise provided in §§ 10-35-16 to 10-35-22, inclusive, the provisions of chapter 10-59
apply to the administration of the tax.
Section 4. That § 10-35-22 be repealed.
Section 5. This Act is effective on April 1, 2015. For wind farms that produced electricity before
April 1, 2015, one-fourth of the electricity that was produced in calendar year 2015 shall be taxed
and treated pursuant to the provisions in place prior to April 1, 2015, and three-fourths of the
electricity that was produced in calendar year 2015 shall be taxed and treated pursuant to the
provisions of this Act.
Section 6. That § 10-35-20 be amended to read as follows:
10-35-20. The secretary shall deposit the tax imposed by §§ 10-35-18 and, 10-35-19, and section
3 of this Act into the wind energy tax fund. There is created in the state treasury the wind energy tax
fund.
Section 7. That § 10-35-21 be amended to read as follows:
10-35-21. The secretary shall distribute all of the tax deposited in the wind energy tax fund
pursuant to § 10-35-18 and twenty percent of the tax deposited in the wind energy tax fund pursuant
to § 10-35-19 and section 3 of this Act to the county treasurer where the wind farm is located. If the
wind energy tax fund contains less than twenty percent of the gross receipts tax from § 10-35-19, due
to the transmission line rebate under § 10-35-22, the secretary shall distribute the remainder of funds
after the rebate to the county treasurer where the wind farm is located. If a wind farm is located in
more than one county, each county shall receive the same percentage of the tax as the percentage of
wind towers in the wind farm located in the county. Upon receipt of the taxes, the county auditor
shall apportion the tax among the school districts, the county, and the organized townships where
a wind tower is located. The tax shall be apportioned by the county auditor by allocating fifty percent
of the tax to the school district where each wind tower is located, fifteen percent to the organized
township where each wind tower is located, and thirty-five percent to the county. If a wind tower is
located in a township that is not organized, the unorganized township's share of the tax for that wind
tower is allocated to the county. The secretary shall distribute the money to the counties on or before
the first day of May. Any remaining revenue in the wind energy tax fund shall be deposited in the
state general fund.
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 13, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\067.wpd
CHAPTER 67
(HB 1019)
Exemptions from sales and use taxation of machinery
and equipment used exclusively for agricultural purposes.
ENTITLED, An Act to revise certain provisions regarding exemptions from sales and use taxation
of farm machinery, attachment units, and irrigation equipment used exclusively for agricultural
purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-45-3.4 be amended to read as follows:
10-45-3.4. There are exempted from the provisions of this chapter and the tax imposed by it,
gross receipts from the sale of the following:
(1) Parts or repairs and repair services on machinery or equipment which are clearly
identifiable as used primarily for agricultural purposes, including irrigation equipment
farm machinery, attachment units, and irrigation equipment used exclusively for
agricultural purposes which are exempt from the tax imposed by this chapter pursuant to
§ 10-45-3.5, if the part replaces a farm machinery, attachment unit, or irrigation
equipment part assigned a specific or generic part number by the manufacturer of the farm
machinery, attachment unit, or irrigation equipment; and
(2) Maintenance items and maintenance services used on
machinery or equipment which are
clearly identifiable as used primarily for agricultural purposes, including irrigation
equipment farm machinery, attachment units, and irrigation equipment used exclusively
for agricultural purposes which are exempt from the tax imposed by this chapter pursuant
to § 10-45-3.5.
Section 2. That § 10-45-5 be amended to read as follows:
10-45-5. There is imposed a tax at the rate of four percent upon the gross receipts of any person
from engaging or continuing in any of the following businesses or services in this state: abstracters;
accountants; ancillary services; architects; barbers; beauty shops; bill collection services; blacksmith
shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment
alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen
and towel supply; membership or entrance fees for the use of a facility or for the right to purchase
tangible personal property, any product transferred electronically, or services; photography; photo
developing and enlarging; tire recapping; welding and all repair services, except repair services for
farm machinery, farm attachment units, or and irrigation equipment repair services used exclusively
for agricultural purposes; cable television; and rentals of tangible personal property except leases of
tangible personal property between one telephone company and another telephone company, motor
vehicles as defined by pursuant to § 32-5-1 leased under a single contract for more than twenty-eight
days and mobile homes. However, the specific enumeration of businesses and professions made in
this section does not, in any way, limit the scope and effect of the provisions of § 10-45-4.
Section 3. That § 10-45-5.2 be amended to read as follows:
10-45-5.2. The following services enumerated in the Standard Industrial Classification Manual,
1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office
of the President, are specifically subject to the tax levied by this chapter: metal mining services
(group no. 108); coal mining (major group 12); nonmetallic minerals (except fuels) services (group
no. 148); service industries for the printing trade (group no. 279); coating, engraving and allied
services (group no. 347); communication, electric and gas services (division E except group nos.
483, 494 and 495); hotels, motels, and tourist courts (group no. 701); rooming and boarding houses
(group no. 702); camps and recreational vehicle parks (group no. 703); personal services (major
group 72); business services (major group 73); automotive repair, services, and parking (major group
75); miscellaneous repair services (major group 76), except repair services for farm machinery, farm
attachment units, or and irrigation equipment repair services used exclusively for agricultural
purposes; amusement and recreation services (major group 79); legal services (major group 81);
landscape and horticultural services (group no. 078); engineering, accounting, research, management,
and related services (major group 87, except industry no. 8733); title abstract offices (group no. 654);
consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection
agencies (group no. 732); real estate agents and managers (group no. 653); funeral service and
crematories (group no. 726), except that purchases of goods or services with money advanced as an
accommodation are retail purchases and are not includable in gross receipts for funeral services and
fees paid or donated for religious ceremonies are not includable in gross receipts for funeral services;
loan brokers (industry no. 6163); repair shops and related services, not elsewhere classified (industry
no. 7699) but only locksmiths and locksmith shops; and floor laying and other floor work not
elsewhere classified (industry no. 1752). In addition, the following services are also specifically
subject to the tax levied by this chapter: livestock slaughtering services; dog grooming services;
airplane, helicopter, balloon, dirigible and blimp rides for amusement or sightseeing; the collection
and disposal of solid waste; and all appraiser's services. The services enumerated in this section may
not be construed as a comprehensive list of taxable services but rather as a representative list of
services intended to be taxable under pursuant to the provisions of this chapter.
Section 4. That § 10-46-17.6 be amended to read as follows:
10-46-17.6. There are exempted from the provisions of this chapter and the tax imposed by it,
the use of the following:
(1) Parts
or repairs and repair services on
machinery or equipment which are clearly
identifiable as used primarily for agricultural purposes, including irrigation equipment
farm machinery, attachment units, and irrigation equipment used exclusively for
agricultural purposes which are exempt from the tax imposed by this chapter pursuant to
§ 10-46-17.7, if the part replaces a farm machinery, attachment unit, or irrigation
equipment part assigned a specific or generic part number by the manufacturer of the farm
machinery, attachment unit, or irrigation equipment; and
(2) Maintenance items and maintenance services used on
machinery or equipment which are
clearly identifiable as used primarily for agricultural purposes, including irrigation
equipment farm machinery, attachment units, and irrigation equipment used exclusively
for agricultural purposes which are exempt from the tax imposed by this chapter pursuant
to § 10-46-17.7.
Section 5. That § 10-46E-5 be amended to read as follows:
10-46E-5. Farm machinery and, attachment units, other than replacement parts, and irrigation
equipment, other than replacement parts, sold at public auction shall be taxed pursuant to § 10-46E-1
without regard to its intended use.
Section 6. That § 10-46E-13 be amended to read as follows:
10-46E-13. The amount of any use tax imposed with respect to the sale or lease of farm
machinery, attachment units, and irrigation equipment used exclusively for agricultural purposes
shall be reduced by the amount of any sales, use, or gross receipts tax previously paid by the taxpayer
with respect to the property on account of liability to another state or its political subdivisions. If the
sales, use, or gross receipts tax of the other state is less than the tax of this state, the taxpayer is liable
for the payment of the balance to this state. However, no credit may be given under this section if
that state does not reciprocally grant a credit for taxes paid on similar tangible personal property.
Signed February 9, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\068.wpd
CHAPTER 68
(HB 1018)
Sales and use tax exemptions for farm machinery updated.
ENTITLED, An Act to revise the sales and use tax exemptions for farm machinery.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-45-11.2 be amended to read as follows:
10-45-11.2. There are specifically exempted from the provisions of this chapter and from the
computation of the amount of tax imposed by it, gross receipts from the sale of motor vehicles
exempt from the motor vehicle excise tax pursuant to § 32-5B-2, with the exception of farm vehicles
as described pursuant to the provisions of § 32-5-1.3.
Section 2. That § 10-46-13.1 be amended to read as follows:
10-46-13.1. The use in this state of motor vehicles exempt from the motor vehicle excise tax
pursuant to § 32-5B-2 is specifically exempted from the tax imposed by this chapter, with the
exception of farm vehicles as described pursuant to the provisions of § 32-5-1.3.
Section 3. That § 32-5B-1 be amended to read as follows:
32-5B-1. In addition to all other license and registration fees for the use of the highways, a person
shall pay an excise tax at the rate of three percent on the purchase price of any motor vehicle, as
defined by § 32-3-1 or 32-5B-21, purchased or acquired for use on the streets and highways of this
state and required to be registered under the laws of this state. This tax shall be in lieu of any tax
levied by chapters 10-45
and, 10-46
, and 10-46E on the sales of such vehicles. Failure to pay the full
amount of excise tax is a Class 1 misdemeanor.
Signed February 9, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\069.wpd
CHAPTER 69
(SB 182)
Interest rate changed for late payment of certain taxes.
ENTITLED, An Act to revise the rate of interest for late payment of certain taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-59-6 be amended to read as follows:
10-59-6. Any person required to file returns or reports under the chapters set out in § 10-59-1,
who fails to file a return or report which includes all taxable transactions within thirty days following
the month the return or report is due is subject to an additional amount, assessed as a penalty, equal
to ten percent of the tax or ten dollars whichever is greater. However, for reasonable cause shown,
the secretary may reduce or eliminate such penalty.
Any person subject to tax under the chapters set out in § 10-59-1 who fails to pay the tax within
the time prescribed is subject to an interest charge for each month or part thereof for which the
payment is late, which interest shall be one
and one-quarter percent or five dollars whichever is
greater for the first month, and one
and one-quarter percent per month thereafter. If the failure to pay
tax was with the intent to intentionally avoid or delay the payment of tax, the person who fails to pay
the tax within the time prescribed is subject to an interest charge for each month or part thereof for
which the payment is late, which interest shall be one and one-half percent or five dollars, whichever
is greater. Interest is tolled during any appeal taken by the department or during any period the
hearing examiner extends the time in which to submit a proposed decision or during any period the
secretary fails to rule within thirty days after receiving the proposed decision.
Penalty and interest are considered the same as tax for the purposes of collection and
enforcement including liens, distress warrants, and criminal violations. Any payment received for
taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to
interest and then to penalty.
The secretary may, upon application of the taxpayer, establish a maximum interest rate of
thirty
twenty-four percent upon delinquent taxes if the secretary determines that the delinquent payment
was caused by a mistake of law and was not caused by an intent to evade the tax.
Signed March 12, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\070.wpd
CHAPTER 70
(HB 1016)
References updated for auditing standards
used by the Department of Revenue.
ENTITLED, An Act to revise certain provisions regarding references for 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 the publications entitled Statements on Auditing Standards in effect on January 1,
2014 2015. Prior to the issuance of a certificate of assessment, the department shall furnish the
taxpayer with a proposed list of taxable items. 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. The protest may be included in any appeal
of the department's certificate of assessment.
Signed February 9, 2015
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PLANNING, ZONING AND HOUSING PROGRAMS
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CHAPTER 71
(HB 1194)
A minimum size for a sign
about zoning changes or conditional use permits.
ENTITLED, An Act to set a minimum size for a sign about zoning changes or conditional use
permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. If a landowner petitions a board for a change in the zoning applied to the landowner's
land or petitions a board for a conditional use permit and a local ordinance requires the landowner
to post a sign to notify the public about the petition and the hearing on the petition, the sign must be
at least twenty-four inches wide and eighteen inches tall with bold lettering to inform the public
about the petition and hearing. This section does not preempt any requirement provided in any state
law or municipal or county ordinance.
Signed March 12, 2015
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CHAPTER 72
(HB 1201)
Planning and zoning revisions.
ENTITLED, An Act to revise certain provisions regarding planning and zoning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 11-2 be amended by adding thereto a NEW SECTION to read as follows:
A zoning ordinance adopted pursuant to this chapter that provides for conditional uses of real
property may also establish a process for certification of certain conditional uses upon meeting
specified criteria for that conditional use. The process may include adoption of a simple majority
affirmative vote requirement pursuant to subdivision 11-2-53(3).
Section 2. That § 11-2-17.3 be amended to read as follows:
11-2-17.3. A county zoning ordinance adopted pursuant to this chapter that authorizes a
conditional use of real property shall specify the approving authority, each category of conditional
use requiring such approval, the zoning districts in which a conditional use is available, and the
criteria for evaluating each conditional use, and any procedures for certifying approval of certain
conditional uses. The approving authority shall consider the stated criteria, the objectives of the
comprehensive plan, and the purpose of the zoning ordinance and its relevant zoning districts when
making a decision to approve or disapprove a conditional use request.
Section 3. That § 11-2-53 be amended to read as follows:
11-2-53. The board of adjustment may:
(1) Hear and decide appeals if it is alleged there is error in any order, requirement, decision,
or determination made by an administrative official in the enforcement of this chapter or
of any ordinance adopted pursuant to this chapter; and
(2) Authorize upon appeal in specific cases such variance from terms of the ordinance as will
not be contrary to the public interest, if, owing to special conditions, a literal enforcement
of the provisions of the ordinance will result in unnecessary hardship and so that the spirit
of the ordinance is observed and substantial justice done; and
(3) Hear and determine conditional uses as authorized by the zoning ordinance. The uses shall
be determined by an affirmative vote of the present and voting members of the board of
adjustment at a percentage specifically set forth in the zoning ordinance.
Section 4. That § 11-2-58 be amended to read as follows:
11-2-58. In exercising the powers mentioned in § 11-2-53 as to appeals, the board of adjustment
may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination appealed from and may make such order,
requirement, decision, or determination as ought to be made, and to that end has all the powers of
the officer from whom the appeal is taken. As to all other decisions, the board of adjustment may
make initial determinations as provided by statute and applicable zoning ordinance.
Section 5. That § 11-2-59 be amended to read as follows:
11-2-59. The concurring vote of two-thirds of the members of the board of adjustment is
necessary to reverse any order, requirement, decision, or determination of any such administrative
official, or to decide in favor of the applicant on any matter upon which it is required to pass under
any such ordinance, except as to conditional uses as set forth in subdivision 11-2-53(3), or to effect
any variation in the ordinance.
Section 6. That chapter 11-4 be amended by adding thereto a NEW SECTION to read as follows:
A zoning ordinance adopted pursuant to this chapter that provides for conditional uses of real
property may also establish a process for certification of certain conditional uses upon meeting
specified criteria for conditional use. The process may include adoption of simple majority
affirmative vote requirements pursuant to subdivision 11-4-17(3).
Section 7. That § 11-4-4.1 be amended to read as follows:
11-4-4.1. A municipal zoning ordinance adopted pursuant to this chapter that authorizes a
conditional use of real property shall specify the approving authority, each category of conditional
use requiring such approval, the zoning districts in which a conditional use is available, and the
criteria for evaluating each conditional use, and any procedures for certifying property for approval
of certain conditional uses. The approving authority shall consider the stated criteria, the objectives
of the comprehensive plan, and the purpose of the zoning ordinance and its relevant zoning districts
when making a decision to approve or disapprove a conditional use request.
Section 8. That § 11-4-17 be amended to read as follows:
11-4-17. The board of adjustment may:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the enforcement of this
chapter or of any ordinance adopted pursuant to this chapter;
(2) Authorize upon appeal in specific cases such variance from terms of the ordinance not
contrary to the public interest, if, owing to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship and so that the spirit of the
ordinance is observed and substantial justice done; and
(3) Hear and determine conditional uses as authorized by the zoning ordinance. The uses shall
be determined by an affirmative vote of the present and voting members of the board of
adjustment at a percentage specifically set forth in the zoning ordinance.
Section 9. That § 11-4-22 be amended to read as follows:
11-4-22. In exercising the powers mentioned in § 11-4-17 as to appeals, the board of adjustment
may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination appealed from and may make such order,
requirement, decision, or determination as ought to be made, and to that end shall have all the
powers of the officer from whom the appeal is taken. As to all other decisions, the board of
adjustment may make initial determinations as provided by statute and applicable zoning ordinance.
Section 10. That § 11-4-23 be amended to read as follows:
11-4-23. The concurring vote of at least two-thirds of the members of the board of adjustment
is necessary to reverse any order, requirement, decision, or determination of the administrative
officer, or to decide in favor of the applicant on any matter upon which the board of adjustment is
required to pass under any ordinance, except as to conditional uses as set forth in subdivision 11-4-17(3), or to effect any variation in an ordinance.
Signed March 12, 2015
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CHAPTER 73
(SB 126)
Building code references updated.
ENTITLED, An Act to revise certain publications date citations for references to the International
Building Code and International Property Maintenance Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 11-10-5 be amended to read as follows:
11-10-5. If the governing body of any local unit of government adopts any ordinance prescribing
standards for new construction, the ordinance shall comply with the 2012 2015 edition of the
International Building Code as published by the International Code Council, Incorporated. The
governing body may amend, modify, or delete any portion of the International Building 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. No ordinance may apply to mobile or manufactured homes as defined in chapter
32-7A which are constructed in compliance with the applicable prevailing standards of the United
States Department of Housing and Urban Development at the time of construction. No ordinance
may require that any fire sprinkler be installed in a single family dwelling. No ordinance may apply
to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed
in compliance with the requirements of Group R-3 of the 2012 2015 edition of the International
Building Code.
Section 2. That § 11-10-6 be amended to read as follows:
11-10-6. The design standard for any new construction commenced after July 1, 2012 2015,
within the boundaries of any local unit of government that has not adopted an ordinance prescribing
standards for new construction pursuant to § 11-10-5 shall be based on the 2012 2015 edition of the
International Building Code as published by the International Code Council, Incorporated. Each local
unit of government may adopt an ordinance allowing local administration and enforcement of the
design standard. The provisions of this section do not apply to new construction for any one or two
family dwelling, mobile or manufactured home, townhouse, or farmstead and any accessory structure
or building thereto. For purposes of this section the term, farmstead, means a farm or ranch,
including any structure or building located on the land. The provisions of this section do not apply
to any mobile or manufactured home as defined in chapter 32-7A which is used for purposes other
than residential that is constructed in compliance with the applicable prevailing standards of the
United States Department of Housing and Urban Development at the time of construction if the
structure complies with applicable accessibility standards for the occupancy intended. The provisions
of this section do not apply to any specialty resort or vacation home establishment as defined in
chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2012
2015 edition of the International Building Code.
Section 3. That § 11-10-11 be amended to read as follows:
11-10-11. 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 2015 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 12, 2015
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ELECTIONS
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CHAPTER 74
(SB 67)
Challenges to election petition signatures.
ENTITLED, An Act to revise certain provisions regarding challenges to certain election petition
signatures.
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 challenge to the certification or
rejection of a nominating petition for a primary election made in circuit court shall be commenced
no later than the third Tuesday in March. This action takes precedence over other cases in circuit
court. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal
within ten days of the date of the notice of the entry of the circuit court order. Any statewide initiated
measure or referendum petition may be challenged by any person pursuant to this section by filing
submitting an affidavit as set forth above within thirty days after the petition is filed with the person
in charge of the election.
Section 2. That § 12-1-14 be amended to read as follows:
12-1-14. The person in charge of the election shall verify the information contained in the
affidavit filed submitted pursuant to § 12-1-13 and make a written declaration regarding the validity
of the signatures in question. The person in charge of the election shall verify that each person,
challenged pursuant to § 12-1-13, was a registered voter at the time the person signed the petition
by using the registration documents on file in the office of the county auditor.
Signed March 20, 2015
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CHAPTER 75
(SB 68)
Random sampling of nominating petition signatures
for statewide offices.
ENTITLED, An Act to provide for a random sampling of nominating petition signatures for
statewide offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-1 be amended by adding thereto a NEW SECTION to read as follows:
The secretary of state shall examine each nominating petition for statewide office upon being
received by the Office of Secretary of State. No signature of a person may be counted by the
secretary of state unless the person is a registered voter in the county indicated on the signature line
and has complied with the laws and rules concerning petitions. No signature of a person may be
counted if the information required on the petition form is not complete.
Section 2. That chapter 12-1 be amended by adding thereto a NEW SECTION to read as follows:
The secretary of state shall verify the signatures received pursuant to section 1 of this Act by
random sampling. The random sample of signatures to be verified shall be drawn so that each
signature received by the secretary of state is given an equal opportunity to be included in the
sample. The secretary of state shall calculate the number of valid signatures by multiplying the total
number of signatures received by the percentage of successfully verified signatures from the random
sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the
methodology for conducting the random sample. The random sampling shall be an examination of
five percent of the signatures received.
Section 3. That chapter 12-1 be amended by adding thereto a NEW SECTION to read as follows:
If the random sample required by section 2 of this Act indicates that a sufficient number of
qualified electors have signed the nominating petition for statewide office, the secretary of state shall
certify that the nominating petition for statewide office has been signed by the required number of
qualified electors and shall place the candidate's name on the next primary or general election ballot,
as the case may be.
If the random sample indicates that an insufficient number of qualified electors have signed the
nominating petition for statewide office, the secretary of state shall certify that the nominating
petition for statewide office has not been signed by the required number of qualified electors and
may not place the candidate's name on the next primary or general election ballot, as the case may
be.
The secretary of state shall, within five days of certifying, notify the candidate of the secretary
of state's action pursuant to this section.
Section 4. That chapter 12-1 be amended by adding thereto a NEW SECTION to read as follows:
Nothing in this Act prohibits any person from challenging in circuit court the validity of
signatures or other information required on a nominating petition for statewide office by law or rule.
Signed March 13, 2015
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CHAPTER 76
(HB 1176)
A person may be on the general election ballot
for more than one office.
ENTITLED, An Act to authorize a person to be on the general election ballot for president or vice
president and another office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-5-3.17 be repealed.
Section 2. That § 12-7-8 be repealed.
Section 3. That § 12-6-3 be amended to read as follows:
12-6-3. No person may be a candidate for nomination or election to more than one public office,
no matter if such person appears on the ballot in name or is represented by electors pursuant to § 12-5-3.16 or 12-7-7 except for the office of President of the United States or vice president of the United
States. However, a candidate for any such office is not prohibited from being elected to any one or
more party offices as may be provided in chapter 12-5.
Signed March 12, 2015
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CHAPTER 77
(SB 69)
Elections and election petitions.
ENTITLED, An Act to revise certain provisions regarding elections and election petitions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-6-4 be amended to read as follows:
12-6-4. Except as provided by § 12-5-4 and as may be otherwise provided in chapter 12-9, no
candidate for any office to be filled, or nomination to be made, at the primary election, other than
a presidential election, may have that person's name printed upon the official primary election ballot
of that person's party, unless a petition has been filed received in the office of the person in charge
of that election on that person's behalf not prior to January December first of the year preceding the
election, and not later than the last first Tuesday of March at five p.m. prior to the date of the primary
election. If the petition is mailed by registered mail by the last Tuesday of March at five p.m. prior
to the primary election, the petition shall be considered filed. A nominating petition for national
convention delegates and alternates as provided in § 12-5-3.11 shall be filed in accordance with the
provisions of this section. Nominating petitions for all party and public offices except legislative and
judicial offices shall be filed received in the office of the county auditor of the county in which the
person is a candidate. Nominating petitions for legislative and judicial office whether elected in one
or more counties, and all other party and public offices to be voted on in more than one county shall
be filed received in the Office of the Secretary of State.
Section 2. That § 46A-3B-4 be amended to read as follows:
46A-3B-4. A director candidate may be nominated by a petition signed by at least twenty-five
registered voters in the director area to be represented by the candidate. Nominating petitions shall
be made available at the water development district office, the secretary of state's office, and the
respective county auditors' offices on forms prescribed by the state election board and filed with the
secretary of state received in the Office of the Secretary of State not prior to eight a.m., January
December first of the year preceding the election, and not later than five p.m., the last first Tuesday
of March prior to the date of the primary election. If a petition is mailed to the secretary of state's
office by registered mail by five p.m., the last Tuesday of March prior to the primary election, it is
considered filed. For the initial election, director nominating petitions shall be made available by the
Department of Environment and Natural Resources and shall be filed with received by the
department not later than five p.m., the first Tuesday of August before the general election or in the
case of a special election under pursuant to § 46A-3B-1, not later than thirty days before the date set
for the special election.
Section 3. That § 12-11-3 be amended to read as follows:
12-11-3. Each party nomination and independent petition shall be filed with the secretary of state
received in the Office of the Secretary of State not less than forty-five sixty-five days preceding any
election which that is not combined with a primary or general election. If the election is conducted
with a primary election, each party nomination and independent petition shall be filed received by
the last first Tuesday in March. Each nomination shall be certified in a like manner as any other
nomination for the purpose of a general election. The election shall be conducted, canvassed, and
the results certified as in a general election. If the election is conducted with a general election, each
party nomination and independent petition shall be filed received by the second Tuesday in August.
Section 4. That § 12-6-4.1 be amended to read as follows:
12-6-4.1. No petition or certificate of nomination covered by subject to the provisions of this
chapter may be circulated prior to the first day of January December of the year in which the election
will be held preceding the election.
Section 5. That § 12-6-7 be amended to read as follows:
12-6-7. A nominating petition may be composed of several sheets, which shall have identical
headings printed at the head thereof. The of each sheet. The petition for party office or political
public office shall be signed by not less than one percent of the voters who cast their vote for that
party's gubernatorial candidate at the last gubernatorial election registered for the candidate's political
party at the last general election in the county, part of the county, district, or state electing a candidate
to fill the office.
Section 6. That § 12-6-7.1 be amended to read as follows:
12-6-7.1. Notwithstanding the provisions of § 12-6-7 a nominating petition for a candidate for
office in the State Legislature, county political public office, and county party office shall be signed
by not less than fifty voters or not less than one percent of the voters who cast their vote for the
party's gubernatorial candidate registered for the candidate's political party at the last general
election, whichever is less. The petition shall clearly designate the senatorial or representative district
for which said individual the person is a candidate.
Section 7. That § 12-6-8 be amended to read as follows:
12-6-8. No person may sign the nominating petition of a candidate before January first in the year
in which the election is to be held December first of the year preceding the election, nor for whom
the person is not entitled to vote, nor for a political candidate of a party of which the person is not
a member, nor of more than the number of candidates required to be nominated for the same office.
There shall be added by either the signer or the circulator, the signer's place of residence, and the date
of signing. The signer's post office box number may be given in lieu of a street address if the signer
lives within a municipality of the second or third class. A formal declaration of the candidate shall
be signed by the circulator prior to the circulation of petitions. The signed declaration of the
candidate, or a facsimile thereof, may accompany and be a part of the petition. The original signed
declaration shall accompany the group of petitions upon filing being received by the office of the
person in charge of that election. The petition shall be verified under oath by the persons circulating
the petition. The verification by the person circulating the petition may not be notarized by the
candidate whom the petition is nominating. The provisions of this section may not prohibit a person
registered with party affiliation a recognized political party from signing either a petition nominating
an independent or a nonpolitical candidate for office if the person has not previously signed a
petition for that office to be filled. The provisions of this section do not prohibit a person registered
with a recognized political party from signing a petition nominating a nonpolitical candidate for
office.
Section 8. That § 12-7-1 be amended to read as follows:
12-7-1. Any candidate for nonjudicial public office, except as provided in § 12-7-7, who is not
nominated by a primary election may be nominated by filing submitting with the secretary of state
or county auditor as prescribed by pursuant to § 12-6-4, not prior to January December first at 8:00
a.m. of the year preceding the election and not later than the last Tuesday of April at 5:00 p.m. prior
to the election, a certificate of nomination which shall be executed as provided in chapter 12-6. If
the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m.
prior to the election, it is timely submitted. The certificate of nomination shall be signed by
registered voters within the district or political subdivision in and for which the officers are to be
elected. The number of signatures required may not be less than one percent of the total combined
vote cast for Governor at the last certified gubernatorial election number of registered voters having
no party affiliation or voters registered as other, at the last general election within the district or
political subdivision. An independent candidate for Governor shall certify the candidate's selection
for lieutenant governor to the secretary of state prior to circulation of the candidate's nominating
petition. The candidate and the candidate's selection for lieutenant governor or vice president shall
sign the certification before it is filed prior to it being received by the Office of the Secretary of State.
If the independent candidate for lieutenant governor declares that he or she is not running, then the
independent candidate for lieutenant governor shall withdraw pursuant to § 12-6-55. If an
independent candidate for lieutenant governor withdraws, no independent candidate for governor
may have his or her name printed upon a ballot unless a replacement selection for lieutenant
governor is certified to the secretary of state by the second Tuesday in August. The State Board of
Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate
of nomination and the certification for lieutenant governor.
Section 9. That § 12-5-3.8 be amended to read as follows:
12-5-3.8. If a political party chooses to have a primary for selection of its the party's delegates
and alternates to the national convention, the party shall certify the candidate names or the delegate
and alternate slates which are to be listed on the primary ballot to the secretary of state by the last
first Tuesday in March preceding the primary by five p.m. Only candidates or slates certified may
be placed on the ballot by the secretary of state and the position of the candidates or slates on the
primary ballot shall be chosen by lot by the secretary of state. The certification shall be deemed to
be filed if mailed by registered mail by five p.m. on the last Tuesday in March.
Section 10. That § 12-5-3.14 be amended to read as follows:
12-5-3.14. Any candidate, committee, or group supporting a candidate in any presidential
primary, shall, by five p.m. on the last first Tuesday in March prior to the presidential primary
election, notify the secretary of state of an intention to have the name of the candidate placed on the
presidential primary election ballot or submit a slate of candidates or both.
Section 11. That § 23-3-43.1 be amended to read as follows:
23-3-43.1. Any candidate for election to the office of county sheriff shall file with submit to the
county auditor by the last first Tuesday of March of the election year a certification of qualification
issued by the law enforcement officers standards commission that the candidate meets the
qualifications provided in § 23-3-43. However, any candidate appointed to fill a vacancy by a party
central committee pursuant to § 12-6-56 shall file with submit to the county auditor a certification
of qualification by the second Tuesday in August. Any candidate who files submits an independent
nominating petition shall file with submit to the county auditor a certification of qualification by the
first last Tuesday after the first Monday of June in April. A sheriff appointed to fill a vacancy by the
county commission shall file with submit to the county auditor a certification of qualification within
thirty days of the appointment. Failure to file submit a certification shall prevent the candidate's
name from being placed on the ballot.
Section 12. That § 12-5-1 be amended to read as follows:
12-5-1. A new political party may be organized and participate in the primary election by filing
with submitting to the secretary of state not later than the last first Tuesday of March at five p.m.
prior to the date of the primary election, a written declaration signed by at least two and one-half
percent of the voters of the state as shown by the total vote cast for Governor at the last preceding
gubernatorial election, which declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose
ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the
declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also
comply with the requirements for dissolution pursuant to chapter 12-27.
Section 13. That § 12-6-8.1 be amended to read as follows:
12-6-8.1. Any person may have his or her name withdrawn from the primary election by making
a written request under oath. The request shall be filed with submitted to the officer with whom the
nominating petition was filed submitted pursuant to § 12-6-4, not later than two days after the last
first Tuesday in March at five p.m. If the request is mailed by registered mail not later than two days
after the last Tuesday in March at five p.m., the request is properly filed. No name that is withdrawn
pursuant to this section may be printed on the ballots to be used at the election.
Section 14. That § 12-5-4 be amended to read as follows:
12-5-4. A candidate for party precinct committeeman or committeewoman shall file submit a
statement in writing, with the county auditor of the county in which he or she is a candidate, not later
than the last first Tuesday in March before the primary election. The statement shall state that the
candidate:
(1) Is a resident of the precinct;
(2) Is registered as a member of the political party named in the statement;
(3) Is a candidate for precinct committeeman or committeewoman, as the case may be;
(4) Is desirous of serving in that position; and
(5) If elected, will qualify and serve in the office.
The statement, when properly
filed submitted, shall operate as a nominating petition for that
office.
Section 15. That § 9-13-7 be amended to read as follows:
9-13-7. No candidate for elective municipal office may be nominated unless a nominating
petition is filed with submitted to the finance officer no later than five p.m. on the last Friday in
February preceding the day of election. The petition shall be considered filed if it is mailed by
registered mail by five p.m. on the last Friday in February before the election. The petition shall
contain the name, residence address, and mailing address of the candidate and the office for which
the candidate is nominated and shall be on the form prescribed by the State Board of Elections. The
signer's post office box number may be given in lieu of a street address if the signer lives within a
municipality of the second or third class. The finance officer may only accept nominating petitions
that are on the prescribed form and were circulated and submitted pursuant to the provisions in
chapters 9-13 and 12-6. If the nominating petition meets the statutory requirements, the filing of the
petition constitutes nomination.
Section 16. That § 13-7-6 be amended to read as follows:
13-7-6. No candidate for elective school board membership may be nominated unless such
person is a resident voter of the school district and unless a nominating petition has been filed
submitted on such person's behalf with the business manager of the school district. The nominating
petition shall be filed submitted no later than five p.m. on the Friday thirty-nine days before the date
of the election. The petition is considered filed if it is mailed by registered mail by five p.m. on the
Friday thirty-nine days before the election. A formal declaration of a candidate shall be signed by
the candidate before the circulation of the petition. The petition shall be signed by not less than
twenty voters of the school district or if the school district is divided into school board representation
areas, the petition shall be signed by not less than twenty voters who reside within the school board
representation area. No petition may be circulated until ten weeks prior to the election. There shall
be added by either the signer or the circulator the signer's place of residence and date of signing. The
petition shall be verified under oath by the person circulating it. The filing of the nominating petition
shall constitute nomination and will entitle the candidate to have the candidate's name placed on the
ballot for the term the candidate specifies on the petition only upon verification signed by the
business manager that the nominating petition contains the minimum number of signatures and that
the candidate is a resident voter.
Section 17. That § 13-7-10.2 be amended to read as follows:
13-7-10.2. If the joint election provided for in § 13-7-10.1 is held on the second Tuesday in
April, no candidate for elective school board membership may be nominated unless the candidate
is a resident voter of the school district and unless a nominating petition has been filed submitted on
the candidate's behalf with the business manager of the school district no later than the last Friday
in February at five p.m. prior to the date of the election. If the petition is mailed by registered mail
by the last Friday in February at five p.m. before the election, it shall be considered filed. A formal
declaration of a candidate shall be signed by the candidate before the circulation of the petition. The
petition shall be signed by not less than twenty voters of the school district. No petition may be
circulated until the last Friday in January before the election. There shall be added by either the
signer or the circulator the signer's place of residence and date of signing. The petition shall be
verified under oath by the person circulating the petition. The filing of the nominating petition shall
constitute nomination and will entitle the candidate to have the candidate's name placed on the ballot
for the term the candidate specifies on the petition only upon verification signed by the business
manager that the nominating petition contains the minimum number of signatures and that the
candidate is a resident voter.
Publication of the notice of the election provided for in § 13-7-10.1 shall be in accordance with
§ 13-7-8.
Section 18. That § 46A-3B-4 be amended to read as follows:
46A-3B-4. A director candidate may be nominated by a petition signed by at least twenty-five
registered voters in the director area to be represented by the candidate. Nominating petitions shall
be made available at the water development district office, the secretary of state's office, and the
respective county auditors' offices on forms prescribed by the state election board and filed submitted
with the secretary of state not prior to eight a.m., January first December first of the year preceding
the election, and not later than five p.m., the last first Tuesday of March prior to the date of the
primary election. If a petition is mailed to the secretary of state's office by registered mail by five
p.m., the last Tuesday of March prior to the primary election, it is considered filed. For the initial
election, director nominating petitions shall be made available by the Department of Environment
and Natural Resources and shall be filed with received by the department not later than five p.m.,
the first Tuesday of August before the general election or in the case of a special election under
§ 46A-3B-1, not later than thirty days before the date set for the special election.
Section 19. That § 12-7-7 be amended to read as follows:
12-7-7. Any candidate for President or Vice President of the United States who is not nominated
by a primary election may be nominated by filing submitting with the secretary of state, not prior to
January December first at 8:00 a.m. and not later than the first Tuesday in August at 5:00 p.m. prior
to the election, a certificate of nomination which shall be executed as provided in chapter 12-6. If
the certificate of nomination is mailed by registered mail by the first Tuesday in August at 5:00 p.m.
prior to the election, it is timely submitted. The number of signatures required may not be less than
one percent of the total combined vote cast for Governor at the last certified gubernatorial election
number of registered voters having no party affiliation and voters registered as other, the day
following the official state canvass at the last general election within the state. An independent
candidate for President shall file submit a declaration of candidacy and a certification of the
candidate's selection for Vice President with the secretary of state prior to circulation of the
candidate's nominating petitions. The candidate and the candidate's selection for Vice President shall
sign the certification before it is filed submitted. The State Board of Elections shall promulgate rules
pursuant to chapter 1-26 prescribing the forms for the certificate of nomination and the certification
for Vice President.
Section 20. That § 12-6-56 be amended to read as follows:
12-6-56. If a vacancy occurs by reason of a death or a withdrawal as authorized by section 21 of
this Act after a primary election, a party candidate for public office may be replaced by a new
nominee if a meeting of the appropriate party central committee is held and the results are certified
to the appropriate official within the times prescribed by § 12-8-6. If the vacancy is a party candidate
for presidential elector or statewide office, the vacancy shall be filled by the State Party Central
Committee. If the vacancy is a party candidate for public office other than presidential elector or
statewide office, the vacancy shall be filled by a vote of county party central committee members in
attendance who reside in the affected district.
Section 21. That chapter 12-6 be amended by adding thereto a NEW SECTION to read as
follows:
If a party candidate for public office withdraws after filing petitions with the secretary of state,
the appropriate party central committee may make a replacement nominee only if:
(1) The party candidate:
(a) Withdraws because of personal illness or illness of an immediate family member
and the illness prevents the candidate from performing the duties of the office
sought; and
(b) Submits with the withdrawal request a form signed by a licensed physician
verifying that the provisions of subsection (a) apply to the candidate;
(2) There is no other nominee for the office sought by the withdrawing candidate as of the
time of the withdrawal;
(3) The party candidate has been elected or appointed to fill a vacancy in another elective
office which duties conflict by law with the duties of the office sought, has become the
nominee for another elective office, it has been determined that the party candidate's
employment conflicts by law with the duties of the office sought, or is deceased; or
(4) The party candidate permanently moves from his or her physical address stated in the
nominating petition filed with the secretary of state, and requests in writing, subscribed
and sworn to by the candidate before any officer qualified to administer oaths and take
acknowledgments that the candidate has not resided in the district for a period of thirty
consecutive calendar days and has no intention of resuming residency in the district.
Section 22. That § 12-1-3 be amended by adding thereto NEW SUBDIVISIONS to read as
follows:
"Independent" or "no party affiliation," any voter who writes Independent, I, Ind, the field is
blank, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the Choice of Party
field on the voter registration form;
"Independent candidate," any registered voter who is not registered as a member of a recognized
political party and who is a candidate for office;
"Other," any voter who writes any other nonrecognized political party in the Choice of Party field
on the voter registration form.
Section 23. That § 12-8-6 be amended to read as follows:
12-8-6. Nominations byA party committee to may fill vacancies occurring in nominations a
vacancy created by a nomination made in a primary elections and certificates of election. The party
committee shall certifybe filed with the secretary of state and those to be filed
with the or the county auditor shall be filed not later than the second Tuesday in August at five p.m.
or mailed by registered mail by that date and time prior to the election.
Section 24. That § 12-5-1.4 be amended to read as follows:
12-5-1.4. If a political party qualifies for the primary ballot under § 12-5-1, each candidate
intending to participate in a primary election shall file a nominating petition pursuant to § 12-6-4.
In each primary election following the qualification of a political party and prior to the next
gubernatorial election, each:
(1) State and federal candidate for that party shall file a petition bearing signatures of at least
not less than two hundred fifty registered voters in that party or not less than one percent
of the registered voters having no party affiliation including any registered voters of the
new political party and voters registered as other in the state at the last general election;
and
(2) Legislative and county candidate for that party shall file a petition bearing signatures of
at least five registered voters in that party not less than fifty voters in that party or not less
than one percent of the registered voters having no party affiliation including any
registered voters of the new political party and voters registered as other in that county or
district.
Signed March 20, 2015
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CHAPTER 78
(HB 1177)
Exceptions revised for campaign finance report filings.
ENTITLED, An Act to remove certain exceptions to campaign finance report filings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-22 be amended to read as follows:
12-27-22. A campaign finance disclosure statement shall be filed with the secretary of state by
the treasurer of every:
(1) Candidate or candidate campaign committee for any statewide or legislative office;
(2) Political action committee;
(3) Political party; and
(4) Ballot question committee; and
(5) Candidate or candidate committee for any statewide or legislative office whose name
appears on the primary ballot, but does not appear on the general election ballot, shall
submit a campaign finance disclosure statement, or termination report, which shall be
received by the secretary of state by 5:00 p.m. on the second Friday of August following
that primary election.
The statement shall be signed and filed by the treasurer of the political committee or political
party. The statement shall be received by the secretary of state and filed by 5:00 p.m.
each February
first on the first Monday of February and shall cover the contributions and expenditures for the
preceding calendar year. The statement shall also be received by the secretary of state and filed by
5:00 p.m. on the second Friday prior to each primary and general election complete through the
fifteenth day prior to that election. If a candidate is seeking nomination at the biennial state
convention, the candidate or the candidate campaign committee shall file a campaign finance
disclosure statement with the secretary of state by 5:00 p.m. on the second Friday prior to any
biennial state convention. Any statement filed pursuant to this section shall be consecutive and shall
cover contributions and expenditures since the last statement filed.
The following are not required to file a campaign finance disclosure statement:
(1) A candidate campaign committee for legislative or county office on February first
following a year in which there is not an election for the office;
(2) A county, local, or auxiliary committee of any political party, qualified to participate in
a primary or general election, prior to a statewide primary election;
(3) A legislative or county candidate campaign committee without opposition in a primary
election, prior to a primary election;
(4) A candidate campaign committee whose name is not on the general election ballot, prior
to the general election; and
(5) A political committee that regularly files a campaign finance disclosure statement with
another state or the Federal Election Commission or a report of contributions and
expenditures with the Internal Revenue Service.
A violation of this section is a Class 1 misdemeanor.
Signed March 11, 2015
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CHAPTER 79
(SB 65)
Campaign finance disclosure statement regulation.
ENTITLED, An Act to revise certain procedures regarding campaign finance disclosure statements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-22 be amended to read as follows:
12-27-22. A campaign finance disclosure statement shall be filed with submitted to the secretary
of state by the treasurer of every:
(1) Candidate or candidate campaign committee for any statewide or legislative office;
(2) Political action committee;
(3) Political party; and
(4) Ballot question committee.
The statement shall be signed and
filed submitted by the treasurer of the political committee or
political party. The statement shall be received by the secretary of state and
filed submitted by 5:00
p.m. each February first and shall cover the contributions and expenditures for the preceding
calendar year. The statement shall also be received by the secretary of state and
filed submitted by
5:00 p.m. on the second Friday prior to each primary and general election complete through the
fifteenth day prior to that election.
If a candidate is seeking nomination at the biennial state
convention, the candidate or the candidate campaign committee shall file a campaign finance
disclosure statement with the secretary of state by 5:00 p.m. on the second Friday prior to any
biennial state convention. Any statement
filed submitted pursuant to this section shall be consecutive
and shall cover contributions and expenditures since the last statement
filed submitted.
The following are not required to
file submit a campaign finance disclosure statement:
(1) A candidate campaign committee for legislative or county office on February first
following a year in which there is not an election for the office;
(2) A county, local, or auxiliary committee of any political party, qualified to participate in
a primary or general election, prior to a statewide primary election;
(3) A legislative or county candidate campaign committee without opposition in a primary
election, prior to a primary election;
(4) A candidate campaign committee whose name is not on the general election ballot, prior
to the general election; and
(5) A political committee that regularly files submits a campaign finance disclosure statement
with another state or the Federal Election Commission or a report of contributions and
expenditures with the Internal Revenue Service;
(6) A statewide candidate who is publicly seeking a nomination by that candidate's party
convention prior to a primary election; and
(7) An independent statewide candidate prior to a primary election.
A violation of this section is a Class 1 misdemeanor.
Signed March 13, 2015
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EDUCATION
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CHAPTER 80
(HJR 1003)
Vocational and technical education.
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an
amendment to Article XIV of the Constitution of the State of South Dakota, relating to the
authority of the Board of Regents.
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
XIV, section 3 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 XIV, section 3 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 3. The state university, the agriculture college, the school of mines and technology, the normal
schools, a school for the deaf, a school for the blind, and all other educational institutions that may
be sustained either wholly or in part by the state and that offer academic or professional degrees of
associate of arts, associate of sciences, baccalaureate or greater, shall be under the control of a board
of five members appointed by the Governor and confirmed by the senate under such rules and
restrictions as the Legislature shall provide. The Legislature may increase the number of members
to nine. Postsecondary technical education institutes that offer career and technical associate of
applied science degrees and certificates or their successor equivalents and that are funded wholly or
in part by the state shall be separately governed as determined by the Legislature.
Filed March 4, 2015
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CHAPTER 81
(HB 1101)
Local control over curriculum and methods of instruction.
ENTITLED, An Act to ensure local control over curriculum and methods of instruction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-1-12.1 be amended to read as follows:
13-1-12.1. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26
to establish standards for the classification and accreditation of schools within this state, to establish
standards for preparation of certified personnel, to set forth procedures for determining the eligibility
of school districts to receive state foundation aid effective January 1, 1997, to adopt policies and
rules necessary to establish standards and procedures for career and technical education and to
establish curriculum requirements for a recommended high school program for all public and
nonpublic schools within the state. The recommended high school program shall include a rigorous
high school curriculum in both academic and career and technical courses. The requirements of the
recommended program shall be aligned to the academic content standards developed pursuant to
§ 13-3-48 and shall, at a minimum, include the content standards tested pursuant to § 13-3-55.
Nothing in this section authorizes the board to require the use of specifically designated
curriculum or methods of instruction.
Signed March 10, 2015
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CHAPTER 82
(HB 1043)
Education statutory update.
ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Department of
Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-1-44 be repealed.
Section 2. That § 13-3-73 be repealed.
Section 3. That § 13-3-74 be repealed.
Section 4. That § 13-3-74.1 be repealed.
Section 5. That § 13-3-74.2 be repealed.
Section 6. That § 13-3-74.3 be repealed.
Section 7. That § 13-3-75 be repealed.
Section 8. That § 13-3-83.1 be repealed.
Section 9. That § 13-6-92 be repealed.
Section 10. That § 13-6-92.1 be repealed.
Section 11. That § 13-6-92.2 be repealed.
Section 12. That § 13-6-93 be repealed.
Section 13. That § 13-6-94 be repealed.
Section 14. That § 13-6-95 be repealed.
Section 15. That § 13-6-96 be repealed.
Section 16. That § 13-14-3 be repealed.
Section 17. That § 13-18-12 be repealed.
Section 18. That § 13-27-12 be repealed.
Section 19. That § 13-47-19 be repealed.
Section 20. That § 13-47-20 be repealed.
Section 21. That § 13-47-21 be repealed.
Signed March 10, 2015
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CHAPTER 83
(SB 124)
School district minor boundary change
decision timeline clarified.
ENTITLED, An Act to revise the requirements for a petition for a minor boundary change.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-6-85 be amended to read as follows:
13-6-85. A boundary change, affecting not more than two percent of the assessed valuation and
not more than two percent of the tax-exempt acreage or other tax-exempt property to be determined
at the discretion of the school district from which the area is to be taken, may be made upon an
application for a boundary change to the school board of the school district from which the area is
to be taken and to the school board of the school district to which the area is to be annexed, in the
form of a petition, including the final plan of detachment and annexation signed by all of the owners
of land, excluding land owned by the state or any other political subdivision in the area to be
transferred by the boundary change. Copies of the petitions shall also be delivered by the petitioners
to the board of county commissioners having jurisdiction over the school districts affected. Any
petitioner who is aggrieved by a decision of the school board under this section may appeal that
decision.
An appeal from the decision of the school board may be made to the circuit court in the time and
manner specified by § 13-46-1 or to the secretary of the Department of Education or the secretary's
representative within thirty days from the date of the decision of the school board by filing a notice
with the secretary of the school board and mailing a copy of the notice to the secretary of the
Department of Education. An appeal to the secretary of the Department of Education may be heard
by the secretary or the secretary's representative. The secretary of the Department of Education shall
thereafter set a time and place for the hearing and give at least ten days' written notice of the hearing
to the parties involved in the appeal, including all affected school districts. An appeal to the secretary
is not a contested case subject to chapter 1-26. An appeal from the decision of the secretary may be
made pursuant to § 13-6-89. On appeal from a decision of the secretary, the appeal shall be heard
and determined in the same manner as a direct appeal from the school board decision pursuant to
§ 13-6-89 and chapter 13-46 without any presumption of the correctness of the decision of the
secretary nor may the provisions of § 1-26-36 be applied to the decision of the secretary. Nothing
in this section affects the right of an aggrieved party to appeal from the decision of the school board
to the circuit court.
Section 2. That § 13-6-85.1 be amended to read as follows:
13-6-85.1. The description of the area proposed for detachment and annexation in a petition for
a minor boundary change shall include the following information based on the final plan for
detachment and annexation:
(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.
Section 3. That § 13-6-86 be amended to read as follows:
13-6-86. The petitions and resolutions for a proposed boundary change shall contain, but not be
limited to, the following information based on the final plan for detachment and annexation:
(1) The names of the school districts involved and a correct description of the area proposed
for detachment and annexation;
(2) A map of the area proposed for detachment and annexation, including a portion or all of
the district from which such area is to be detached and the district to which such area is
to be annexed;
(3) A statement certified by the county auditor setting forth the amount of the assessed
valuation of the area to be transferred, the total assessed valuation of the school district
from which the area is proposed to be removed and the amount of any bonded
indebtedness or judgments against the school district.
Section 4. That § 13-6-86.1 be amended to read as follows:
13-6-86.1. The school boards, within sixty days of receipt of the petition, including the final plan
for detachment and annexation, shall by resolution, approve or disapprove the request of the
petitioners and notify the petitioners in writing whether or not the petition is approved. If any change
is made to the final plan for detachment and annexation included in the petition after the petition is
submitted pursuant to § 13-6-85, the sixty-day time limit is suspended and will begin again on the
submission of a new or revised plan or petition. If the request of the petitioners is approved, a copy
of the petition and the resolution of approval shall be delivered by the school board to the board of
county commissioners having jurisdiction over the school district losing territory and to the board
of county commissioners having jurisdiction over the school district to which the area is to be
annexed.
Section 5. The information required in §§ 13-6-85 and 13-6-85.1 as part of a petition for a minor
boundary change must be final with no amendments, additions, or deletions. If the petition is
amended or the information to support it is added or deleted in any way, the requirement for a school
board to approve or disapprove the petition by resolution within sixty days of receipt if the petition
is suspended. The sixty-day timeframe begins to run again beginning with the date of the
amendment, addition, or deletion of information to the original petition. The provisions of this Act
apply to any petition delivered to a school board within sixty days of July 1, 2015.
Signed March 12, 2015
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CHAPTER 84
(SB 134)
Minor boundary change task force and moratorium.
ENTITLED, An Act to prohibit minor boundary changes for one year, to establish the school district
boundary task force, and to declare an emergency.
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:
Notwithstanding the provisions of any other law, no minor boundary change may be proposed
during the period of time beginning on April 1, 2015, and ending on June 30, 2016.
Section 2. There is hereby established the school district boundary task force. The task force shall
examine the boundaries of the existing school districts and recommend possible changes to those
school district boundaries. The task force will also recommend a process for addressing minor
boundary changes in the future once the moratorium established in section 1 of this Act has ended.
The task force will not discuss or make any recommendations regarding school district
reorganization.
Section 3. The task force shall consist of nine members to be appointed as follows:
(1) Three members of the South Dakota Senate appointed by the president pro tempore of the
Senate, no more than two of whom may be from one political party;
(2) Three members of the South Dakota House of Representatives appointed by the speaker
of the House of Representatives, no more than two of whom may be from one political
party; and
(3) Three members appointed by the Governor.
Section 4. The task force shall be staffed and funded by the Department of Education. The task
force shall complete its work and submit a final report to the Governor and to the Executive Board
of the Legislative Research Council no later than December 1, 2015.
Section 5. 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 13, 2015
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CHAPTER 85
(HB 1097)
Minimum fall enrollment for certain school districts reduced.
ENTITLED, An Act to provide for a reduced minimum fall enrollment for certain school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-6-97 be amended to read as follows:
13-6-97. Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less than
one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with
another school district or school districts to create a newly reorganized school district with a fall
enrollment of one hundred or greater. After July 1, 2007, if the fall enrollment of any school district
that is not sparse falls to one hundred or below, that school district shall prepare a plan for
reorganization within two years. If any such district fails to prepare a plan for reorganization by the
deadline, the Board of Education shall prepare a reorganization plan for the district. For any school
district that does not operate a high school and contracts with an adjoining school district in
Minnesota to educate its resident high school students, the minimum fall enrollment that the school
district must maintain pursuant to this section is not one hundred, but rather is equal to a pro-rated
share of one hundred based upon the number of grades offered within the school district. However,
the provisions of this section do not apply to any school district that receives no foundation program
state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the
nearest high school in an adjoining school district in the state. The provisions of this section also do
not apply to any school district that is a part of a consortium of school districts exercising joint
powers pursuant to chapter 1-24 or intergovernmental cooperation in education pursuant to chapter
13-15 for the purposes stated in § 13-8-1, provided that any such joint powers agreement or
intergovernmental cooperation agreement is approved each year before the first day of July by the
secretary of education. The Board of Education may promulgate rules pursuant to chapter 1-26 to
establish the procedures and criteria for the secretary's approval of agreements pursuant to this
section. The criteria shall take into account any significant cost savings that may be achieved through
such an agreement and the educational needs of the students in the districts.
Signed March 10, 2015
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CHAPTER 86
(HB 1100)
School board vacancy, appointment to fill.
ENTITLED, An Act to clarify how a vacancy on a school board is filled.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-8-25 be amended to read as follows:
13-8-25. Any vacancy occurring on a school board shall be filled by appointment by the
remaining school board members. The vacancy shall be filled by all school board members,
including the vacating member, if the vacancy is created by:
(1) A school district's failure to elect a person to succeed a school board member whose term
has expired;
(2) An elected school board member's failure to qualify as specified in § 13-8-14; or
(3) A school board member's resignation.
If the vacancy occurs due to an event listed in subdivisions 13-8-23(1), (2), (4), (5), (6), (7), or (8),
the vacancy shall be filled by the remaining school board members.
The appointee shall qualify as if elected at or before the next school board meeting, and serve
until the next succeeding election at which time a successor shall be elected to serve the unexpired
term.
Signed March 10, 2015
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CHAPTER 87
(HB 1148)
The annual report of a school district
to contain information about fund balances.
ENTITLED, An Act to require that the annual report of a school district contain certain information
regarding school district fund balances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-8-47 be amended to read as follows:
13-8-47. Before the first day of August every school board shall file an annual report with the
Department of Education. The report shall contain all the educational and financial information and
statistics of the school district as requested in a format established by the Department of Education.
The report shall also contain, for each month of the fiscal year, the month-end cash balances of the
school district's general fund, capital outlay fund, pension fund, and special education fund. The
business manager with assistance of the secretary of the Department of Education shall make the
annual report, and it shall be approved by the school board. The business manager shall sign the
annual report and file a copy with the Department of Education as provided in § 13-13-37. The
division shall audit the report and return one copy to the school district.
Reports not filed prior to August thirtieth are considered past due and are subject to the past-due
provisions of § 13-13-38.
Signed March 11, 2015
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CHAPTER 88
(SB 53)
The state aid to general education formula revised.
ENTITLED, An Act to revise certain provisions regarding the state aid to general education formula
and to revise the property tax levies for the general fund of school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-13-10.1 be amended to read as follows:
13-13-10.1. Terms used in this chapter mean:
(1) "Average daily membership," the average number of resident and nonresident
kindergarten through twelfth grade pupils enrolled in all schools operated by the school
district during the previous regular school year, minus average number of pupils for
whom the district receives tuition, except pupils described in subdivision (1A) and pupils
for whom tuition is being paid pursuant to § 13-28-42.1 and plus the average number of
pupils for whom the district pays tuition;
(1A) Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership after
the student ceases to attend school in the resident district;
(2) "Adjusted average daily membership," calculated as follows:
(a) For districts with an average daily membership of two hundred or less, multiply 1.2
times the average daily membership;
(b) For districts with an average daily membership of less than six hundred, but greater
than two hundred, raise the average daily membership to the 0.8293 power and
multiply the result times 2.98;
(c) For districts with an average daily membership of six hundred or more, multiply
1.0 times their average daily membership;
(2A) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in
all schools operated by the school district on the last Friday of September of the current
school year minus the number of students for whom the district receives tuition, except
nonresident students who are in the care and custody of a state agency and are attending
a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus
the number of students for whom the district pays tuition. When computing state aid to
education for a school district under the foundation program pursuant to § 13-13-73, the
secretary of the Department of Education shall use either the school district's fall
enrollment or the average of the school district's fall enrollment from the previous two
years, whichever is higher;
(2B) Repealed by SL 2010, ch 84, § 1.
(2C) "Small school adjustment," calculated as follows:
(a) For districts with a fall enrollment of two hundred or less, multiply 0.2 times
$4,237.72;
(b) For districts with a fall enrollment of greater than two hundred, but less than six
hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result;
and multiply the sum obtained times $4,237.72;
The determination of the small school adjustment for a school district may not include any
students residing in a residential treatment facility when the education program is
operated by the school district;
(2D) "Limited English proficiency (LEP) adjustment," is calculated as follows:
(a) Multiply 0.25 times the per student allocation; and
(b) Multiply the product obtained in subsection (a) times the number of kindergarten
through twelfth grade students who, in the prior school year, scored below level
four on the state-administered language proficiency assessment as required in the
state's consolidated state application pursuant to 20 USC 6311(b)(7) as of January
1, 2013;
(3) "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;
(4) "Per student allocation," for school fiscal year 2015 2016 is $4,781.14 $4,876.76. Each
school fiscal year thereafter, the per student allocation is the previous fiscal year's per
student allocation increased by the index factor;
(5) "Local need," is the sum of:
(a) The per student allocation multiplied by the fall enrollment;
(b) The small school adjustment, if applicable, multiplied by the fall enrollment; and
(c) The limited English proficiency (LEP) adjustment, calculated pursuant to
subdivision (2D), if applicable;
(d) When calculating local need at the statewide level, include the amounts set aside
for costs related to technology in schools and statewide student assessments; and
(e) When calculating local need at the statewide level, include the amounts set aside
for sparse school district benefits, calculated pursuant to §§ 13-13-78 and
13-13-79;
(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to § 10-12-42;
(7) "General fund balance percentage," is a school district's general fund equity divided by
the school district's total general fund expenditures for the previous school fiscal year, the
quotient expressed as a percent;
(8) "General fund reserves," the sum of a school district's nonspendable and restricted fund
balances of the general fund;
(9) "Nonspendable fund balance," that amount of the fund balance that is not in spendable
form;
(10) "Restricted fund balance," that amount of the fund balance that has constraints on how it
may be used that are externally imposed or are imposed by law.
Section 2. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as
follows:
The amount of funding to be distributed to the school districts shall be the local need as
determined in § 13-13-10.1 less the technology and assessment costs and the sparse school district
benefits. The amount for technology and assessment costs and sparse school district benefits shall
be retained by the Department of Education to fund technology in schools, statewide assessment
testing, and sparse school district payments.
Section 3. That § 10-12-42 be amended to read as follows:
10-12-42. For taxes payable in 2015 2016 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 eight dollars and ten and six seventy-two and seven
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 one dollar
and seventy-eight and two fifty-six and eight 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-five and two seven and five
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 19, 2015
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CHAPTER 89
(HB 1005)
Foundation program fund references repealed.
ENTITLED, An Act to repeal the foundation program fund and references thereto.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-13-12 be repealed.
Section 2. That § 13-1-12.1 be amended to read as follows:
13-1-12.1. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26
to establish standards for the classification and accreditation of schools within this state, to establish
standards for preparation of certified personnel, to set forth procedures for determining the eligibility
of school districts to receive state foundation aid effective January 1, 1997 aid to education funding,
to adopt policies and rules necessary to establish standards and procedures for career and technical
education, and to establish curriculum requirements for a recommended high school program for all
public and nonpublic schools within the state. The recommended high school program shall include
a rigorous high school curriculum in both academic and career and technical courses. The
requirements of the recommended program shall be aligned to the academic content standards
developed pursuant to § 13-3-48 and shall, at a minimum, include the content standards tested
pursuant to § 13-3-55.
Section 3. That § 13-6-97 be amended to read as follows:
13-6-97. Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less than
one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with
another school district or school districts to create a newly reorganized school district with a fall
enrollment of one hundred or greater. After July 1, 2007, if the fall enrollment of any school district
that is not sparse falls to one hundred or below, that school district shall prepare a plan for
reorganization within two years. If any such district fails to prepare a plan for reorganization by the
deadline, the Board of Education shall prepare a reorganization plan for the district. However, the
provisions of this section do not apply to any school district that receives no foundation program
state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the
nearest high school in an adjoining school district in the state. The provisions of this section also do
not apply to any school district that is a part of a consortium of school districts exercising joint
powers pursuant to chapter 1-24 or intergovernmental cooperation in education pursuant to chapter
13-15 for the purposes stated in § 13-8-1, provided that if any such joint powers agreement or
intergovernmental cooperation agreement is approved each year before the first day of July by the
secretary of education. The Board of Education may promulgate rules pursuant to chapter 1-26 to
establish the procedures and criteria for the secretary's approval of agreements pursuant to this
section. The criteria shall take into account any significant cost savings that may be achieved through
such an agreement and the educational needs of the students in the districts.
Section 4. That § 13-13-10.1 be amended to read as follows:
13-13-10.1. Terms used in this chapter mean:
(1) "Average daily membership," the average number of resident and nonresident
kindergarten through twelfth grade pupils enrolled in all schools operated by the school
district during the previous regular school year, minus average number of pupils for
whom the district receives tuition, except pupils described in subdivision (1A) and pupils
for whom tuition is being paid pursuant to § 13-28-42.1 and plus the average number of
pupils for whom the district pays tuition;
(1A) Nonresident students who are in the care and custody of the Department of Social
Services, the Unified Judicial System, the Department of Corrections, or other state
agencies and are attending a public school may be included in the average daily
membership of the receiving district when enrolled in the receiving district. When
counting a student who meets these criteria in its general enrollment average daily
membership, the receiving district may begin the enrollment on the first day of
attendance. The district of residence prior to the custodial transfer may not include
students who meet these criteria in its general enrollment average daily membership after
the student ceases to attend school in the resident district;
(2) "Adjusted average daily membership," calculated as follows:
(a) For districts with an average daily membership of two hundred or less, multiply 1.2
times the average daily membership;
(b) For districts with an average daily membership of less than six hundred, but greater
than two hundred, raise the average daily membership to the 0.8293 power and
multiply the result times 2.98;
(c) For districts with an average daily membership of six hundred or more, multiply
1.0 times their average daily membership;
(2A) "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in
all schools operated by the school district on the last Friday of September of the current
school year minus the number of students for whom the district receives tuition, except
nonresident students who are in the care and custody of a state agency and are attending
a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus
the number of students for whom the district pays tuition. When computing state aid to
education for a school district under the foundation program pursuant to § 13-13-73, the
secretary of the Department of Education shall use either the school district's fall
enrollment or the average of the school district's fall enrollment from the previous two
years, whichever is higher;
(2B) Repealed by SL 2010, ch 84, § 1.
(2C) "Small school adjustment," calculated as follows:
(a) For districts with a fall enrollment of two hundred or less, multiply 0.2 times
$4,237.72;
(b) For districts with a fall enrollment of greater than two hundred, but less than six
hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result;
and multiply the sum obtained times $4,237.72;
The determination of the small school adjustment for a school district may not include any
students residing in a residential treatment facility when the education program is
operated by the school district;
(2D) "Limited English proficiency (LEP) adjustment," is calculated as follows:
(a) Multiply 0.25 times the per student allocation; and
(b) Multiply the product obtained in subsection (a) times the number of kindergarten
through twelfth grade students who, in the prior school year, scored below level
four on the state-administered language proficiency assessment as required in the
state's consolidated state application pursuant to 20 USC 6311(b)(7) as of January
1, 2013;
(3) "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;
(4) "Per student allocation," for school fiscal year 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;
(5) "Local need," is the sum of:
(a) The per student allocation multiplied by the fall enrollment;
(b) The small school adjustment, if applicable, multiplied by the fall enrollment; and
(c) The limited English proficiency (LEP) adjustment, calculated pursuant to
subdivision (2D), if applicable;
(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by
applying the levies established pursuant to § 10-12-42;
(7) "General fund balance percentage," is a school district's general fund equity divided by
the school district's total general fund expenditures for the previous school fiscal year, the
quotient expressed as a percent;
(8) "General fund reserves," the sum of a school district's nonspendable and restricted fund
balances of the general fund;
(9) "Nonspendable fund balance," that amount of the fund balance that is not in spendable
form;
(10) "Restricted fund balance," that amount of the fund balance that has constraints on how it
may be used that are externally imposed or are imposed by law.
Section 5. That § 13-13-11 be amended to read as follows:
13-13-11. It is the purpose of §§ 13-13-10.1 to 13-13-41, inclusive, to establish a procedure for
the distribution of state funds to local school districts. The following subdivisions are hereby
declared to be the policy of this state:
(1) Education is a state and local function.
(2) No one source of taxation should bear an excessive burden of the costs of education.
(3) In order to provide reasonable equality in school tax rates among the various school
districts in the state and to provide reasonable equality of educational opportunity for all
the children in the state, the state shall assist in giving a basic educational opportunity to
each student by contributing foundation program state aid to education funds toward the
support of his educational program.
(4) Foundation program state aid State aid to education funds should be distributed to school
districts in accordance with the formula as provided in §§ 13-13-10.1 to 13-13-46,
inclusive.
(5) A minimum of twenty-five percent of the total general fund expenditures of the school
districts of the state for the preceding school fiscal year should be distributed annually to
school districts as a foundation program state aid to education funding.
(6) No school district should be eligible to receive
foundation program state aid which does
not provide an educational program which meets the requirements and standards as
provided in §§ 13-13-10.1 to 13-13-41, inclusive.
Section 6. That § 13-13-13 be amended to read as follows:
13-13-13. The eligibility of a school district to share in the distribution of foundation program
state aid to education funds shall be determined as provided by §§ 13-13-14 to 13-13-19, inclusive.
Section 7. That § 13-13-14 be amended to read as follows:
13-13-14. In order to be eligible to receive general support foundation program state aid to
education funds as herein provided by this chapter, a school district must have operated one or more
attendance centers during the previous school fiscal year for the entire school term as provided by
law.
Section 8. That § 13-13-17 be amended to read as follows:
13-13-17. In order to be eligible to receive general support foundation program state aid to
education funds as herein provided by this chapter, a school district must have employed only
properly qualified teachers holding valid South Dakota teaching certificates qualifying such teachers
to teach the subjects and grades to which they were assigned during the previous school fiscal year.
Section 9. That § 13-13-18 be amended to read as follows:
13-13-18. In order to be eligible to receive general support foundation program state aid to
education funds as herein provided by this chapter, a school district must have operated only
accredited public schools, as defined by the South Dakota Board of Education, during the previous
school fiscal year.
Section 10. That § 13-13-19 be amended to read as follows:
13-13-19. A newly reorganized school district which has become a new entity as of July first of
the school fiscal year in which foundation program state aid to education payments are distributed
will be considered eligible for general support payments regardless of the requirements for eligibility
as set forth in §§ 13-13-14 to 13-13-18, inclusive, provided if it is in compliance with such
requirements for the school fiscal year in which it becomes a new school district entity.
Section 11. That § 13-13-36 be amended to read as follows:
13-13-36. Payment of foundation program state aid to education funds shall be made to eligible
school districts as provided by §§ 13-13-37 to 13-13-41, inclusive.
Section 12. That § 13-13-37.4 be amended to read as follows:
13-13-37.4. The secretary of the Department of Education and the South Dakota Board of
Education shall promulgate rules pursuant to chapter 1-26 to implement the foundation program state
aid to education funding as provided in this chapter.
Section 13. That § 13-13-38 be amended to read as follows:
13-13-38. The Department of Education shall determine on December first, or as soon thereafter
as practicable, of each school fiscal year the amount of foundation program state aid to education
funds to which each school district within the state is eligible. The department shall require from any
county or school district officer any information which is necessary in order to apportion foundation
program state aid to education funds. If complete and accurate information is past due according to
the reporting dates specified in § 13-8-47, the secretary of the Department of Education on August
thirtieth shall declare the school district to be fiscally delinquent. The school district, unless granted
an extension, shall forfeit from its entitlement one hundred dollars for each day that the data is past
due for seven days and two hundred dollars for each day past due thereafter starting with the eighth
day. Forfeited funds shall be deposited in the foundation program fund established by § 13-13-12
state general fund.
Section 14. That § 13-13-39 be amended to read as follows:
13-13-39. The Department of Education shall apportion the foundation program state aid to
education funds to each eligible school district and shall prepare such a list of apportionments to be
posted publicly in electronic format.
The state auditor shall issue the warrant to each school district when the apportionment voucher
is presented for the total amount of
the foundation program state aid to education funds each school
district is to receive, subject to any reduction necessitated by the issuance of a warrant to the health
and educational facilities authority as provided
below by this section.
If the Department of Education receives written notice from the Health and Educational Facilities
Authority of a pledge of
foundation program state aid to education funds or other amounts under
Title 13 by a school district pursuant to a lease, resolution, certificate, or other arrangement with the
authority or any bond, certificate, note, or other obligation issued to or in connection with a program
sponsored by the Health and Educational Facilities Authority for school districts in anticipation of
funds under Title 13, the Department of Education shall deduct from amounts otherwise due to a
school district for the current month and the next two succeeding months under the apportionment
of
foundation program state aid to education funds or other amounts under Title 13 an amount
sufficient to pay rentals, bonds, notes, certificates, or other amounts then due but unpaid and the
amount so deducted shall be paid to the authority or any financial institution designated by the
authority acting as a fiduciary in connection therewith, all as specified by the authority. A record of
the amount so pledged as security or otherwise payable to the authority shall be filed with the state
auditor.
The state auditor shall issue a warrant to the authority for the deducted amount specified by the
Health and Educational Facilities Authority as provided by this section. No pledge by a school
district of
foundation program state aid to education funds or other amounts under Title 13 for any
other purpose may be permitted and if made is voidable at the election of the Health and Educational
Facilities Authority.
Section 15. That § 13-13-72 be amended to read as follows:
13-13-72. It is the policy of the Legislature that the appropriation for the state aid to education
foundation program increase on an annual basis by the percentage increase in local need on an
aggregate statewide basis so that the relative proportion of local need paid by local effort and state
aid shall remain constant. For school fiscal year 2013, it is the policy of the Legislature that the
relative proportion of the total local need paid by state aid shall be amended by adjusting the
proportion of state aid to fifty-three and eight-tenths percent of the total local need. However, the
increase in the per student allocation on an annual basis that exceeds three percent shall be paid
solely by the state and is not a factor in this policy.
Section 16. That § 13-13-73 be amended to read as follows:
13-13-73. The secretary of the Department of Education shall compute state aid to education for
each school district under the foundation program according to the following calculations:
(1) Determine each school district's fall enrollment;
(2) To arrive at the local need per district:
(a) Multiply the per student allocation by the fall enrollment;
(b) Multiply the small school adjustment, if applicable, by the fall enrollment;
(c) Calculate the limited English proficiency (LEP) adjustment pursuant to subdivision
(2D), if applicable; and
(d) Add the product of subsection (a) to the product of subsection (b) and to the
calculation in subsection (c);
(3) State aid is (a) local need minus local effort, or (b) zero if the calculation in (a) is a
negative number;
(4) If the state aid appropriation for the general support of education is in excess of the
entitlement provided for in this section and the entitlement provided for in § 13-13-85,
the excess shall be used to fund any shortfall of the appropriation as provided for in § 13-37-36.3. The secretary shall report to the Governor by January seventh of each year, the
amount of state aid necessary to fully fund the general aid formula in the current year. If
a shortfall in the state aid appropriation for general education exists that cannot be
covered by § 13-37-45, the Governor shall inform the Legislature and provide a proposal
to eliminate the shortfall.
Section 17. That § 13-13-79 be amended to read as follows:
13-13-79. At the same time that foundation program state aid is distributed to school districts
pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall
distribute funds to sparse school districts by multiplying the result of the calculation in either
subdivision 13-13-78(2) or subdivision 13-13-78(3) by seventy-five percent of the per student
allocation as defined in § 13-13-10.1. However, no sparse school district may receive a sparsity
benefit in any year that exceeds one hundred ten thousand dollars.
Section 18. That § 13-13-85 be amended to read as follows:
13-13-85. The secretary of the Department of Education shall transfer on a noncash basis to the
executive director of the Board of Regents the amount of foundation program state aid to education
funds necessary to award jump start scholarships pursuant to §§ 13-55-47 to 13-55-51, inclusive, to
all students admitted into the scholarship program for that fiscal year. One-half of the necessary
amount shall be transferred by October fifteenth for distribution for the first semester, and one-half
of the necessary amount shall be transferred by March fifteenth for distribution for the second
semester.
Section 19. That § 13-19-29 be amended to read as follows:
13-19-29. If capital outlay certificates are issued to, or a lease-purchase agreement, or other
financing arrangement is entered into with the Health and Educational Facilities Authority as
authorized by §§ 13-13-39, 13-16-6.4, 13-16-7, 13-16-29, 13-19-27, and 13-19-28, and a school
district has pledged foundation program funds or other state aid to education funds provided under
Title 13 to secure its obligations under or pursuant to a lease, resolution, certificate, or other
arrangement with the Health and Educational Facilities Authority and there are amounts due but not
yet paid by a school district, no cash receipts from the collection of any taxes, from foundation
program aid or state aid under chapter 13-13 or from the collection of tuition charges may be
expended for any purpose except paying the amounts due under the lease, resolution, certificate, or
other arrangement as specified by written notice by or on behalf of the Health and Educational
Facilities Authority. In the event of a failure to pay amounts due the Health and Educational
Facilities Authority, moneys from foundation program aid or state aid under Title 13 shall first be
applied to pay the amounts which are due but not yet paid to the authority, any trustee acting as a
fiduciary on behalf of any holders of bonds, notes, or other certificates in connection with any such
arrangement and any such holders. If this application is insufficient, cash receipts from the collection
of any pledged taxes and tuition charges shall be applied to pay the amounts which are due but not
yet paid to the authority, any such trustee, and any such holders.
Section 20. That § 13-19-30 be amended to read as follows:
13-19-30. Any school district may enter into an agreement with the Health and Educational
Facilities Authority and any financial institution acting as trustee or paying agent for bonds, leases,
certificates, or other obligations, issued for the purpose of implementing § 13-19-29. The agreement
may contain such provisions as the authority deems necessary and may provide that the financial
institution may act as trustee for the benefit of and on behalf of the authority and be held accountable
as the trustee of an express trust for the application and disposition of the foundation program aid
and state aid under Title 13 and other funds or amounts pledged by any school district, including the
income and proceeds therefrom, solely for the uses and purposes as provided in the agreement. A
copy of the agreement and any revisions or supplements to it, shall be filed with the secretary of the
Department of Education to perfect the lien and security interest of the authority in the foundation
program aid and state aid under Title 13 and other funds or amounts pledged by any school district.
No filing, recording, possession, or other action under the uniform commercial code or any other law
of this state may be required to perfect the lien and security interest of the authority. The lien and
security interest of the authority is deemed perfected, and the trust for the benefit of the authority so
created is binding as of the date when the school district makes such pledge, notwithstanding the
time of the filing with the secretary of the Department of Education, against all parties having prior
or subsequent liens, security interests, or claims of any kind in tort, in contract or otherwise.
Section 21. That § 13-28-40 be amended to read as follows:
13-28-40. An enrollment options program is established to enable any South Dakota kindergarten
through twelfth grade student to attend any public school that serves the student's grade level in any
South Dakota school district, subject to the provisions in §§ 13-28-40 to 13-28-47, inclusive. For
purposes of determining state aid to education as it relates to the provisions of §§ 13-28-40 to 13-28-47, inclusive, fall enrollment as defined in § 13-13-10.1 is used to compute foundation aid state aid
to general education and special education average daily membership as defined in § 13-37-35.1 is
used to determine funding for special education.
Section 22. That § 13-37-8.10 be amended to read as follows:
13-37-8.10. Payments from state and local sources received by a school district for special
education, including minimum foundation any state aid to education funds based upon tuition paid
for children in need as provided in chapter 13-37, shall be credited to the special education fund of
the school district. Any payment from federal sources received by a school district for special
education may be credited to either the special education fund or the capital outlay fund for any
equipment purchase for special education approved by the state Department of Education.
Section 23. That § 32-3A-62 be amended to read as follows:
32-3A-62. Of the total revenue collected as a result of the tax imposed by this chapter, 56.25
percent of the total revenue shall be allocated for educational purposes as prescribed in the
foundation program state aid to education pursuant to chapter 13-13.
Signed March 4, 2015
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CHAPTER 90
(SB 191)
Capital outlay certificates, lease purchase agreements,
and the pledge of state education aid to secure such obligations.
ENTITLED, An Act to revise certain provisions regarding capital outlay certificates and lease
purchase agreements of school districts and the pledge of state aid to education funds to secure
such obligations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-19-27 be amended to read as follows:
13-19-27. Any school district may enter into lease-purchase agreements or other financing
arrangement with or issue capital outlay certificates to that are secured by a pledge of state aid to
education funds in connection with a program sponsored by the Health and Educational Facilities
Authority for capital improvements, the acquisition of equipment, or improvement of school
facilities or other lawful purpose that the school board considers necessary or appropriate or as a
result of a consolidation or proposed consolidation of one school district with another school district.
All such leases, capital outlay certificates, or other arrangements shall be in accordance with the
provisions of §§ 13-8-39, 13-20-1, and 13-24-10.
Section 2. That § 13-19-29 be amended to read as follows:
13-19-29. If capital outlay certificates are issued to pursuant to the program authorized by § 13-19-27 or section 4 of this Act, or a lease-purchase agreement, or other financing arrangement is
entered into with the Health and Educational Facilities Authority as authorized by §§ 13-13-39, 13-16-6.4, 13-16-7, 13-16-29, 13-19-27, and or 13-19-28, and a school district has pledged foundation
program funds or other state aid to education funds provided under Title 13 to secure its obligations
under or pursuant to a lease, resolution, certificate, or other arrangement with the Health and
Educational Facilities Authority and there are amounts due but not yet paid by a school district, and
the authority determines that a school district is delinquent in making any payments pursuant to a
lease, resolution, certificate or other arrangement, then no cash receipts from the collection of any
taxes, from foundation program aid or state aid under chapter 13-13 or from the collection of tuition
charges may be expended for any purpose except paying the amounts due under pursuant to the lease,
resolution, certificate, or other arrangement as specified by written notice by or on behalf of the
Health and Educational Facilities Authority authority pursuant to § 13-13-39. In the such event of
a failure to pay amounts due the Health and Educational Facilities Authority, moneys from
foundation program aid or state aid under Title 13 shall first be applied to pay the amounts which
are due but not yet paid to the authority, any as shall be specified by the authority to the authority or
any financial institution acting as any paying agent or trustee acting as a fiduciary on behalf of any
holders of bonds, notes, lease purchase, capital outlay certificates, or other certificates obligations
in connection with any such arrangement and any such holders. If this application is insufficient,
cash receipts from the collection of any pledged taxes and tuition charges shall be applied to pay the
amounts which are due but not yet paid to the authority, any such trustee, and any such holders.
Section 3. That § 13-13-39 be amended to read as follows:
13-13-39. The Department of Education shall apportion the foundation program state aid to
education funds to each eligible school district and shall prepare such a list of apportionments to be
posted publicly in electronic format.
The state auditor shall issue the warrant to each school district when the apportionment voucher
is presented for the total amount of the
foundation program state aid to education funds each school
district is to receive, subject to any reduction necessitated by the issuance of a
warrant to notice from
the
health and educational facilities authority Health and Educational Facilities Authority as provided
below in this section.
If Notwithstanding the provisions of § 13-13-74 or any other law, if the
Department of Education
department receives written notice from the
Health and Educational Facilities Authority of a pledge
of foundation program authority that a school district is delinquent in making any payment for any
certificate, lease, or other obligation required by agreement with the authority in which the school
district has pledged state aid to education funds or other amounts under Title 13
by a school district
pursuant to a lease, resolution, certificate, or other arrangement with the authority
or any bond,
certificate, note, or other obligation issued to or in connection with a program sponsored by the
Health and Educational Facilities Authority for school districts in anticipation of funds under Title
13, the Department of Education, the department shall deduct from amounts otherwise due to a
school district for
the current month and the next two succeeding months under the apportionment
of
foundation program state aid to education funds or other amounts under Title 13
an amount
sufficient the amount required to pay rentals, bonds, notes, certificates, or other amounts then due
but unpaid
and the. The state auditor shall issue a warrant for the full amount of the delinquency
specified in the notice of the authority or a lesser amount as has been appropriated for the current
fiscal year and not yet distributed pursuant to § 13-13-74. The amount
so deducted shall be paid to
the authority or any financial institution designated by the authority acting as
a fiduciary paying agent
or trustee on behalf of any holders of bonds, notes, lease, certificates, or other obligations in
connection therewith, all as specified by the authority. A record of the amount
so pledged as security
or otherwise payable to the authority deducted and a copy of the notice from the authority shall be
filed with the state auditor
and department.
The state auditor shall issue a warrant to the authority for the deducted amount specified by the
Health and Educational Facilities Authority as provided by this section. Any amount paid to the
authority or a financial institution designated pursuant to the procedures described in this section
shall be deducted from the remaining amount of state aid to education funds otherwise payable to
the school district under Title 13, thereby reducing the amount payable pursuant to § 13-13-74. The
amount payable to the authority and any financial institution pursuant to this section in any fiscal
year may not exceed the amount of state aid to education funds appropriated and not yet paid to or
for the benefit of a school district for the current fiscal year. No pledge by a school district of
foundation program state aid to education funds or other amounts under Title 13 for any other
purpose may be permitted and if made is voidable at the election of the
Health and Educational
Facilities Authority authority.
Section 4. That § 13-13-74 be amended to read as follows:
13-13-74. Except as provided in §§ 13-19-29 and 13-13-39, payment from funds provided in aid
of the public schools in any school fiscal year shall be made in twelve monthly installments on or
about the thirtieth of each month. For the period July first to December thirty-first, inclusive, the
total of the six payments shall be one-half of local need of current school fiscal year less local effort
for the period July first to December thirty-first, inclusive. For the period January first to June
thirtieth, inclusive, the total of the six payments shall be one-half of local need of current school
fiscal year less local effort for the period January first to June thirtieth, inclusive. Any amounts paid
to the Health and Educational Facilities Authority or a financial institution designated pursuant to
§ 13-13-39 shall be deducted from the amounts otherwise payable in a fiscal year to a school district
under this section and the department shall adjust the monthly installments to be paid to the school
district for the remainder of the fiscal year.
Section 5. That chapter 1-16A be amended by adding thereto a NEW SECTION to read as
follows:
The authority is authorized to establish policies and procedures, in coordination with the Bureau
of Finance and Management, which shall facilitate the issuance by school districts of capital outlay
certificates, and the establishment of terms for lease purchase agreements that are secured by a
pledge of state aid to education funds as provided in §§ 13-19-27 and 13-19-29. The authority may
enter into agreements with school districts, paying agents, trustees, and the state to implement the
provisions of the program. The authority may provide other arrangements and procedures for
determining the minimum requirements and related terms and conditions applicable to the pledge
of state aid to education funds and the applicable contractual provisions for providing notice and
implementing the pledge and payments consistent with §§ 13-19-27, 13-19-29, and 13-13-39.
Section 6. That § 1-16A-76 be amended to read as follows:
1-16A-76. The authority, all school districts and other public bodies, and all officers or
departments of the state dealing with the state or the authority pursuant to §§ 1-16A-19, 1-16A-74
to 1-16A-76, inclusive, and 13-19-1.2 are not subject to the jurisdiction of the federal bankruptcy
courts or any successor thereof under the United States Constitution. Any contract, agreement, or
other arrangement entered into by any or all of the school districts or other public bodies, the
authority and any officers or departments of the state or the authority pursuant to this Act or §§ 1-16A-74.1, 1-16A-19, 1-16A-74 to 1-16A-76, inclusive, or 13-19-1.2, or in anticipation of or for the
securing of the issuance of tax anticipation notes by any or all of the school districts, the issuance
or agreement to issue warrants or general obligation refunding bonds by any or all of the school
districts, the agreement by the authority and the school district or any officers or department of the
state to purchase any or all of such notes, warrants, or general obligation refunding bonds or any
related or similar agreement for the benefit of investors or any other third party or parties shall be
valid, binding and enforceable when made in writing duly signed by the appropriate officers. All
such agreements and other arrangements are not subject to disavowal, disaffirmance, cancellation,
or avoidance by reason of insolvency of any party, lack of consideration or any other fact, occurrence
or rule of law.
Section 7. That chapter 1-16A be amended by adding thereto a NEW SECTION to read as
follows:
No capital outlay certificate issued or lease purchase agreement entered into as part of a program
sponsored by the authority or secured by a pledge of state aid to education funds may be or become
a lien, charge, or liability against the state or the authority, nor against the property or funds of the
state or the authority within the meaning of the Constitution or laws of South Dakota.
Section 8. That chapter 1-16A be amended by adding thereto a NEW SECTION to read as
follows:
The state pledges to and agrees with the holders of capital outlay certificates issued or any lease
purchase agreement as part of a program sponsored by the Health and Educational Facilities
Authority or secured by a pledge of state aid to education funds that the state will not limit or alter
the pledge of state aid to education funds or the provision of this section governing the pledge or the
terms provided in §§ 13-19-27, 13-19-29, and 13-13-39, inclusive, so as to impair the terms of any
contract made by the school district, the state, or the authority. The school district, state, or authority
may not impair the rights and remedies of the holders until the capital outlay certificates or lease
purchase obligation, together with interest on the certificates and obligations and all costs and
expenses in connection with any action or proceedings by or on behalf of the holders are fully met
or discharged. In addition, the state pledges to and agrees with the holders that the state may not limit
or alter the basis on which state aid to education funds pledged under the authority of any provision
of this Act are to be paid to the authority or any financial institution designated by the authority so
as to impair the terms of the contract. The school district and authority may include the pledges and
agreements of the state in any contract with the holders of capital outlay certificates issued or any
lease purchase obligation secured pursuant to §§ 13-19-27, 13-19-29, and 13-13-39, inclusive, or
otherwise secured by a pledge of state aid to education funds.
Signed March 13, 2015
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CHAPTER 91
(HB 1137)
Time between classes not counted as hours in school term.
ENTITLED, An Act to exclude the passing time between classes in the number of hours required
in the school term for secondary students.
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 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 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 and for grades six through twelve, the passing time between classes.
Signed March 10, 2015
_______________
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CHAPTER 92
(HB 1117)
Approval of postsecondary courses for certain students.
ENTITLED, An Act to provide for the approval of postsecondary courses for certain nonpublic
school students and students receiving alternative instruction.
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 technical institute as a special student in a course or courses offered
at the institution of higher education or postsecondary technical institute. The student shall obtain
the school district's approval of the postsecondary course or courses prior to enrolling. If, however,
the student is enrolled in a nonpublic school or a tribal school, the student shall obtain approval of
the postsecondary course or courses from the nonpublic school or the tribal school prior to enrolling,
and if the student is receiving alternative instruction pursuant to § 13-27-3, the student shall obtain
approval of the postsecondary course or courses prior to enrolling from the provider of the alternative
instruction. If approved, the student shall receive full credit toward high school graduation as well
as postsecondary credit for each postsecondary course. The 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
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.
Signed March 4, 2015
_______________
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CHAPTER 93
(HB 1072)
Information about postsecondary technical institutes
given to parents and guardians of students.
ENTITLED, An Act to provide that certain information regarding postsecondary technical institutes
be given to parents and guardians of students in middle schools and high schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-50 be amended to read as follows:
13-28-50. By November first each year, each school district shall provide a list of students by
name in grades seven to twelve, inclusive, together with their mailing addresses, to the executive
director of the Board of Regents and to each postsecondary technical institute located in the state.
The board and each postsecondary technical institute shall use the information to inform the parents
and guardians of any such student in any public middle school and high school about the courses
needed to prepare for postsecondary-level work and about the benefits of such preparation. However,
no school district may forward the name of any student whose parent has directed that the school
district not release directory information about the student. The board shall provide a format through
which the information may be submitted.
Section 2. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
follows:
Each postsecondary technical institute shall treat all information disclosed pursuant to § 13-28-50
as confidential and subject to the same restrictions that apply to personally identifiable information
involving any student enrolled in a postsecondary technical institute.
Signed March 11, 2015
_______________
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CHAPTER 94
(SB 125)
Minimum suspension revised
for students participating in school activities.
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 § 13-32-9.2 be amended to read as follows:
13-32-9.2. 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 two sanctioned events for
which the student is ineligible do not take place within the reduced suspension period, the student's
suspension remains in effect until two sanctioned events for which the student is ineligible have
taken place. 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. If six sanctioned events for
which the student is ineligible do not take place within the reduced suspension period, the student's
suspension remains in effect until six sanctioned events for which the student is ineligible have taken
place. 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. In addition, a suspension that
is reduced pursuant to § 13-32-9 is only in effect during the South Dakota High School Activities
Association's activity year, which begins on the first day of its first sanctioned event and concludes
on the last day of its last sanctioned event. A reduced suspension that is not completed by the end
of one activity year shall carry over to the next activity year.
A suspension begins on
the:
(1) 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; or
(2) The day following the student's admission to a school administrator that the student
committed an offense enumerated in subdivision (1), which shall be made with the
student's parent or guardian present if the student is an unemancipated minor, and the
school administrator gives notice to the South Dakota High School Activities Association.
Signed March 13, 2015
_______________
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CHAPTER 95
(SB 54)
Special education state aid revised.
ENTITLED, An Act to revise certain provisions regarding the state aid to special education formula
and to revise the property tax levies for special education.
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 2015 2016, and each year thereafter, the school board shall levy
no more than one dollar and forty-seven and eight forty and nine 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 2015 2016 and thereafter using a
special education levy of one dollar and twenty-seven and eight twenty and nine 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, 2014 2015, is $4,800.57 $4,896.58. 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, 2014 2015, is $11,801.45 $12,037.48. 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, 2014 2015, is $15,688.59 $16,002.36. 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, 2014 2015, is $14,008.12 $14,288.28. 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, 2014 2015, is $21,210.57 $21,634.78. 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, 2014 2015, is $7,643.78 $7,796.66. 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) When calculating local need at the statewide level, include the amount set aside for
the South Dakota School for the Blind and Visually Impaired;
(i) Sum the results of (a) to (g) (h), inclusive;
(19) "Effort factor," the school district's special education tax levy in dollars per thousand
divided by $1.278 $1.209. The maximum effort factor is 1.0.
Signed March 19, 2015
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CHAPTER 96
(HB 1118)
Technical education oversight.
ENTITLED, An Act to provide for oversight of postsecondary technical institutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-39-34 be amended to read as follows:
13-39-34. Any LEA proposing to operate establish a postsecondary technical institute or establish
an existing postsecondary technical institute as a separate legal entity after July 1, 2015, may petition
the state board pursuant to §§ 13-39-35 to 13-39-36 13-39-35.2, inclusive. The state board may
conduct hearings, investigate school records, and secure other data relating to the proposed
postsecondary technical institute, its geographical location, the demography and economy of the area,
and any other facts relating to the proposed postsecondary technical institute which the state board
may consider appropriate. This section does not apply to a distinct separate LEA established pursuant
to § 13-39-35.3.
Section 2. That § 13-39-35.3 be amended to read as follows:
13-39-35.3. Any postsecondary technical institute, LEA school district LEA or school districts,
or any combination of them that established a postsecondary technical institute before July 1, 2015,
may modify the postsecondary technical institute's governing board, the procedure for selecting the
governing board members and may determine whether file a petition with the state board to establish
the postsecondary technical institute as a distinct separate LEA, which shall be an LEA and a public
body under chapter 1-16A. The state board must approve the petition before the postsecondary
technical institute may operate as a distinct separate LEA. Upon establishment of such a distinct
separate LEA, the school district LEA shall assign to, and the newly established distinct separate
LEA shall expressly assume, all duties and powers and all rights, covenants, and obligations
concerning the postsecondary technical institute, including without limitation 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. Nothing in this section is intended to prohibit an agreement between the
school district LEA and the distinct separate LEA pursuant to chapter 1-24. The distinct separate
LEA established pursuant to this section is not subject to §§ 13-39-34 to 13-39-35.2, inclusive.
Section 3. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
follows:
A board consisting of nine members shall govern the distinct separate LEA established pursuant
to § 13-39-35.3.
Section 4. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
follows:
No board member may serve more than three consecutive terms on the distinct separate LEA
board referenced in section 3 of this Act. Three board members shall serve an initial one-year term.
Three board members shall serve an initial two-year term. Three board members shall serve an initial
three-year term. All subsequent board member terms shall be for a period of three years. The board
of the school district LEA referenced in § 13-39-35.3 shall appoint all the initial board members.
Section 5. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
follows:
After a member's initial term on the board of the distinct separate LEA is finished, the board of
the school district LEA, with input from trade and industry representatives in the region and the
postsecondary technical institute president, shall continue to appoint the three board member
positions whose initial terms were three years. After the distinct separate LEA board member's initial
term is finished, the Governor shall appoint the three board members of the board whose initial terms
were one year. After the distinct separate LEA board member's initial term is finished, the nine
person distinct separate LEA board, with input from trade and industry representatives in the region
and the postsecondary technical institute president, shall appoint the three board members of the
board whose initial terms were two years.
Signed March 12, 2015
_______________
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CHAPTER 97
(HB 1066)
Postsecondary technical institute employee contract
nonrenewal notice requirements revised.
ENTITLED, An Act to clarify that the required notice requirements related to continuing contracts
do not apply to employees of postsecondary technical institutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-39-65 be amended to read as follows:
13-39-65. The continuing contract provisions set forth in §§ 13-43-9.1 to 13-43-11, inclusive,
chapter 13-43 do not apply to any person employed in a public postsecondary technical institute. At
However, the governing board shall give at least sixty days prior to the termination of an written
notice of the intent to nonrenew a year-to-year contract with a contracted employee in a
postsecondary technical institute, the governing board shall notify in writing the employee of such
termination.
Signed March 4, 2015
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CHAPTER 98
(HB 1044)
Educational personnel certification and discipline.
ENTITLED, An Act to revise certain provisions regarding educational personnel certification and
discipline.
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:
Terms used in this chapter and §§ 13-43-16 to 13-43-49, inclusive, mean:
(1) "Administrator," a superintendent, principal, or other person whose assigned duties
require the person to be issued a certificate as an administrator;
(2) "Applicant," an individual who has applied for a certificate, either through an initial
application or a renewal application;
(3) "Certificate," a certificate and endorsements required by the South Dakota Board of
Education pursuant to § 13-42-3 for a teacher, administrator, or other educational
professional which authorize the certificate holder to work in assigned grades and fields;
(4) "Department," the South Dakota Department of Education;
(5) "Other educational professional," an instructor, school service specialist, or other person
whose duties require the person to be issued a certificate;
(6) "Secretary," the secretary of the department;
(7) "Teacher," a person whose assigned duties require the person to be issued a certificate as
a teacher.
Section 2. That § 13-42-1 be amended to read as follows:
13-42-1. No person may teach or administer in any of the public schools of this state or draw
wages as a teacher, principal, or superintendent administrator, or other educational professional in
any public school or other accredited school who does not have a valid certificate issued by the
secretary of the Department of Education authorizing the person to teach or administer in the school
or field for which he was employed.
Section 3. That § 13-42-3 be amended to read as follows:
13-42-3. The South Dakota Board of Education shall promulgate rules, pursuant to chapter 1-26,
establishing the requirements and criteria that an applicant shall meet in order to be issued a teacher's
certificate by the secretary of the Department of Education as a teacher, administrator, or other
educational professional authorizing the holder of the certificate to accept a teaching or
administrative position in any elementary or secondary school in the field grades and fields specified
by the certificate. The rules shall specify the duration and the method of renewal or reinstatement,
the amount of the fee for issuing the certificate, the application procedures and documentation
requirements for certificates, the endorsements to certificates, the requirements for certification, the
procedures for denial or nonrenewal of a certificate and disciplinary proceedings and assessment of
costs, the procedures for processing applications and issuing certificates for military spouses, and
other procedures necessary for the administration of teacher certification.
In addition to teacher certificate renewal based on academic coursework, the rules for teacher
certificate renewal shall include guidelines and criteria by which an applicant may receive credit
toward renewal based on private or public sector experience that was not obtained through academic
coursework if the experience is related to the applicant's teaching field.
Any change to a rule
promulgated pursuant to this section which increases the educational requirements that an applicant
shall meet to qualify for a certificate shall be preceded by at least two years' notice before the
effective date of the change. The two-year notice requirement does not apply to an increase in the
application fee, which increase shall comply with §§ 1-26-4.8 and 1-26-6.9.
Section 4. That § 13-42-4 be amended to read as follows:
13-42-4. The authority to issue
teachers' certificates a certificate is vested in the secretary
of
education, and
such certificates the certificate shall be issued, renewed, or validated to
such persons
who have a person who has met the rules and requirements for
said certificates the certificate as
determined by the South Dakota Board of Education.
All changes in educational rules and
requirements prescribed pursuant to § 13-42-3 which an applicant for a teacher's certificate must
meet shall be preceded by at least two years' notice before the effective date of said changes, when
such changes increase the requirements for the issuance of a certificate.
Section 5. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as
follows:
The secretary may, upon receipt of information suggesting the failure of an applicant or
certificate holder to comply with requirements necessary for certification, initiate and conduct an
investigation. The secretary may also initiate and conduct an investigation in regard to a person
subject to § 13-43-59. In conducting the investigation, the secretary shall have the powers referenced
in § 1-26-19.1.
Section 6. That § 13-42-6 be amended to read as follows:
13-42-6. A teacher's No certificate may not be issued unless the applicant is a United States
citizen and takes an oath or affirmation to support the Constitutions of the United States and of the
State of South Dakota or unless the applicant is a legal alien. The secretary of the Department of
Education department shall keep a copy of the oath on file. A legal alien employed by a school
district is not required to file an oath or affirmation of allegiance. The secretary of the Department
of Education may administer the oath or affirmation required under this chapter.
Section 7. That § 13-42-7 be amended to read as follows:
13-42-7. The secretary of the Department of Education shall have the power and authority to may
refuse to issue or renew a certificate at any time for any of the reasons which would have caused it
to be revoked referenced in § 13-42-9 or 13-42-10.
Section 8. That § 13-42-9 be amended to read as follows:
13-42-9. The secretary of the Department of Education may refuse to issue or renew, revoke, or
suspend any certificate for any cause which would have prevented its issue, plain violation of
contract, gross immorality, incompetency, violation of the code of ethics, established pursuant to
§ 13-43-25 or 13-43-45, as determined by the Professional Teachers Practices and Standards
Commission or the Professional Administrators Practices and Standards Commission, or flagrant
neglect of duty, and may suspend any certificate for a period not to exceed one year for breaking or
jumping a contract, if such suspension is requested by the school board. However, the secretary may
not suspend a certificate for breaking or jumping a contract if the school board collected liquidated
damages pursuant to the terms of the contract:
(1) Incompetency;
(2) Violation of the code of ethics, established pursuant to § 13-43-25 or 13-43-45, as
determined by the Professional Teachers Practices and Standards Commission or the
Professional Administrators Practices and Standards Commission;
(3) Flagrant neglect of duty;
(4) Failure to fulfill any requirement for certification imposed pursuant to this chapter or
chapter 13-43 and rules promulgated thereto;
(5) Moral turpitude; or
(6) Any other cause specifically allowed by law.
Section 9. That § 13-42-10 be amended to read as follows:
13-42-10. The secretary of the Department of Education may revoke the suspend or refuse to
issue or renew any certificate of any teacher or administrator, or refuse to issue a certificate to an
applicant, for such period of time as the secretary considers advisable, if such person has been
convicted of any crime involving moral turpitude, including traffic in either controlled substances
or marijuana, or both. Suspension of the sentence is not cause to affect this action. Nor may
suspended imposition of a sentence for violation of subdivision 22-22-1(1), subdivision 22-22-1(5),
or § 22-22-7 be cause to affect this action. Proof of such conviction and sentence shall consist of a
duly certified copy of the court record for a period not to exceed one year for breaking a contract
with a school. However, the secretary may not suspend the certificate if the school board or
governing body collects liquidated damages pursuant to the terms of the contract. In order to initiate
proceedings pursuant to this section, the school board or governing body employing the certificate
holder shall file a complaint pursuant to § 13-42-12.
Section 10. That § 13-42-12 be amended to read as follows:
13-42-12. The school board or governing body employing a teacher or administrator, the
professional teachers practices and standards commission, professional administrators practices and
standards commission, or the secretary of the Department of Education Except as provided in § 13-42-10, any person may initiate proceedings for the revocation or suspension of a teacher's or
administrator's certificate. A written complaint shall be filed in the office of the secretary of the
Department of Education with the Professional Teachers Practices and Standards Commission or the
Professional Administrators Practices and Standards Commission. The complaint shall specify
generally the nature and character of the charges, and within five days after filing, a copy of the
complaint shall be served upon the teacher or administrator certificate holder in person or by
registered or certified mail addressed to the teacher's or administrator's person's last known address.
The teacher or administrator certificate holder shall, within fifteen thirty days after the service of the
copy complaint, file with the secretary of the Department of Education an commission a written
answer to the charges specified. The secretary of the Department of Education shall thereupon fix
in writing a time for a hearing on the complaint and serve a copy thereof in the same manner as
provided for the service of a complaint on the teacher or administrator. The hearing shall be
conducted by the secretary of the Department of Education or the secretary's representative.
If the secretary of the Department of Education initiates proceedings for the revocation of a
teacher's or administrator's certificate, the South Dakota Board of Education shall designate an
independent examiner to conduct the hearing, whose decision is final, subject to the provisions of
chapter 1-26
consistent with the requirements of chapter 1-26. Each commission may promulgate
rules, pursuant to chapter 1-26, to further define the standards and procedures for conducting
hearings and for filing, investigating, and resolving complaints.
Section 11. That § 13-42-13 be repealed.
Section 12. That § 13-42-14 be amended to read as follows:
13-42-14. Such The hearing shall referenced in § 13-42-12 may be either private or public, as
the teacher or administrator certificate holder may elect, and the teacher or administrator shall have
the right to certificate holder may appear in person or by counsel and to produce evidence thereat.
All witnesses at the hearing. Each witness shall be sworn before testifying and the official
conducting such the hearing may administer the oath prescribed by law for witnesses in judicial
proceedings. A record, in writing, shall be made of the proceedings and of all evidence produced
thereat at the hearing and shall be filed with the Department of Education department upon
conclusion of the hearing. The hearing shall be held in Pierre unless good cause is shown to justify
moving the hearing to another location for the convenience of the parties and witnesses.
Section 13. That § 13-42-15 be amended to read as follows:
13-42-15. Upon concluding the hearing, the The secretary of the Department of Education or the
secretary's representative shall make a decision within thirty days from the date of the hearing receipt
of a complaint pursuant to § 13-43-28.1 or 13-43-49. In case of suspension or revocation, the
secretary of the Department of Education shall fix the date at which the suspension or revocation
becomes effective and, in case of suspension, the duration of the suspension. A notice of the
suspension or revocation The order and findings of fact and conclusions of law of the secretary shall
be given in writing to the teacher or administrator and to served upon the certificate holder, and, if
applicable, upon the school board by which last employed the teacher or administrator is employed
certificate holder, the commission, and the complainant before the commission.
Section 14. That § 13-42-16 be amended to read as follows:
13-42-16. A teacher or administrator shall have certificate holder whose certificate has been
revoked or suspended pursuant to this chapter has a right of appeal from the decision of the secretary
of the Department of Education or his duly appointed representative to the circuit court in the manner
and under the procedure provided for appeals from decisions of school boards pursuant to chapter
1-26.
Section 15. That § 13-42-17 be amended to read as follows:
13-42-17. All orders of suspension or revocation shall be included in the certificate records of
the Department of Education. Each complaint and answer referenced in § 13-42-12 and all other
investigative information regarding potential discipline of an applicant or certificate holder in the
possession of the department, the Professional Teachers Practices and Standards Commission, and
the Professional Administrators Practices and Standards Commission is confidential. This
information may be discovered and disclosed as part of a disciplinary proceeding initiated pursuant
to chapter 13-42 or 13-43. In addition, if disciplinary action is imposed by the secretary or a
commission pursuant to chapter 13-42 or 13-43, this information may be disclosed to authorities
within this state, another state, the District of Columbia, or a territory or country in which the
applicant or certificate holder holds a certificate or has applied for a certificate.
Section 16. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as
follows:
The final decision of the secretary regarding a certificate, along with the findings of fact and
conclusions of law, is a public record. If the certificate holder requests a private hearing pursuant to
§ 13-42-14, the written record and evidence from the hearing, including the findings of fact and
conclusions of law, are confidential unless adopted by the secretary as part of the final decision.
However, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43, the written record and evidence from the hearing may be disclosed to authorities within
this state, another state, the District of Columbia, or a territory or country in which the applicant or
certificate holder holds a certificate or has applied for a certificate.
Section 17. That chapter 13-42 be amended by adding thereto a NEW SECTION to read as
follows:
After conducting a contested case proceeding that results in the denial, nonrenewal, revocation,
or suspension of a certificate, the department or commission may assess all or part of its actual costs
for the proceeding against the certificate holder or applicant.
Section 18. That § 13-43-5.1 be amended to read as follows:
13-43-5.1. No public school board or other accredited school may employ a person whose
certificate as defined in section 1 of this Act is revoked pursuant to § 13-42-9 or 13-42-10 or during
the term of a suspension pursuant to § 13-42-9. A revocation or suspension for purposes of this
section includes a refusal to issue or renew a certificate.
Section 19. That § 13-43-16 be amended to read as follows:
13-43-16. The Legislature of the State of South Dakota declares teaching to be a profession. It
is declared to be in the interest of the state that the profession be recognized and that the profession
accept its responsibilities in the development and promotion of standards of ethics, conduct,
performance, preparation, and practices. For the purpose of §§ 13-43-16 to 13-43-30, inclusive, the
teaching profession includes those persons each person certificated by the secretary of the
Department of Education as classroom teachers, administrators, and other education specialists as
a teacher, administrator, and other educational professional, as defined by section 1 of this Act,
employed in by a public, federal, and private schools school or other accredited school.
Section 20. That § 13-43-23 be amended to read as follows:
13-43-23. Any expense incurred by the Professional Teachers Practices and Standards
Commission or the Professional Administrators Practices and Standards Commission in
administering the provisions of §§ 13-43-16 to 13-43-30 13-43-50, inclusive, shall be paid from the
state institute fund. However, such the annual expenses shall be are limited to an amount not to
exceed two-thirds of the annual amount collected for teacher certification fees. Nothing in this
section is intended to limit the ability to assess costs pursuant to section 17 of this Act.
Section 21. That § 13-43-28 be amended to read as follows:
13-43-28. After notice and hearing as a contested case under the provisions of chapter 1-26, if
the Professional Teachers Practices and Standards Commission determines that a certificate holder
has engaged in conduct referenced in § 13-42-9 or 13-42-10, the commission may issue a public or
private reprimand or recommend a impose other appropriate disciplinary action which may be
implemented by the appropriate governing body against a member of the teaching profession if the
member has been determined by the commission to have violated the code of ethics established
under § 13-43-25 is in the best interests of the commission, the certificate holder, and the public. The
commission does not have the authority to deny, not renew, suspend, or revoke a certificate.
The commission has the powers conferred by §§ 1-26-19.1 and 1-26-19.2 and the certificate
holder and the certificate holder's attorney also have available the provisions of those sections.
The
commission may promulgate rules, pursuant to chapter 1-26, to further define other appropriate
disciplinary action referenced in this section. Any member reprimanded or disciplined by the
commission pursuant to this section may appeal to circuit court as provided by chapter 1-26.
Section 22. That § 13-43-28.1 be amended to read as follows:
13-43-28.1. If the Professional Teachers Practices and Standards Commission determines that
proceedings to revoke or suspend the certificate of a teacher should be instituted as provided in § 13-43-28, the commission shall file a written complaint, findings of fact and conclusions of law, and
the hearing record with the secretary of the Department of Education and serve a copy of the
complaint and findings and conclusions upon the parties before the commission. The commission's
complaint shall specify the nature and character of the charges. The commission may impose
discipline pursuant to § 13-43-28 and file a complaint pursuant to this section.
The secretary may base the revocation or suspension decision solely upon review of the
commission's hearing record
, or the secretary or may require additional evidence
, either by affidavit,
document, or testimony upon the secretary's own motion or upon the request of any party
before the
commission. The commission's determination to institute proceedings seeking revocation or
suspension of a certificate
pursuant to this section is not a final agency action and may not be
appealed to court.
The final decision of the secretary may be appealed to circuit court as provided
in § 13-42-16.
Section 23. That § 13-43-30 be repealed.
Section 24. That § 13-43-48 be amended to read as follows:
13-43-48. After notice and hearing as a contested case under the provisions of chapter 1-26, if
the Professional Administrators Practices and Standards Commission has authority to determines
that an administrator has engaged in conduct referenced in § 13-42-9 or 13-42-10, the commission
may issue a public or private reprimand or to recommend a impose other appropriate disciplinary
action which may be implemented by the appropriate governing body against a member of the
administrative profession when such member shall have been determined by the commission to have
violated the code of ethics established under § 13-43-45 is in the best interests of the commission,
the certificate holder, and the public. The commission does not have the authority to deny, not renew,
suspend, or revoke a certificate.
The commission
shall have has the powers conferred by §§ 1-26-19.1 and 1-26-19.2, and the
certificate holder and
his the certificate holder's attorney also
shall have available the provisions of
those sections.
The commission may promulgate rules, pursuant to chapter 1-26, to further define
other appropriate disciplinary action referenced in this section. Any member reprimanded or
disciplined by the commission pursuant to this section may appeal to circuit court as provided by
chapter 1-26.
Section 25. That § 13-43-49 be amended to read as follows:
13-43-49. If the Professional Administrators Practices and Standards Commission determines
that proceedings to revoke or suspend the certificate of an administrator should be instituted, the
commission shall file a written complaint as provided in § 13-42-12, findings of fact and conclusions
of law, and the hearing record with the secretary of the Department of Education and serve a copy
of the complaint and findings and conclusions upon the parties before the commission. The
commission's complaint shall specify the nature and character of the charges. The commission may
impose discipline pursuant to § 13-43-48 and file a complaint pursuant to this section.
The secretary may base
his the revocation or suspension decision solely upon review of the
commission's hearing record
, or
he may require additional evidence
, either by affidavit, document,
or testimony upon
his the secretary's own motion or upon the request of any party
before the
commission. The commission's determination to institute proceedings seeking revocation or
suspension of a certificate
pursuant to this section is not a final agency action and may not be
appealed to court.
The final decision of the secretary may be appealed to circuit court as provided
in § 13-42-16.
Section 26. That § 13-43-50 be repealed.
Section 27. That § 13-43-59 be amended to read as follows:
13-43-59. Individuals Any person employed in an administrative capacity, but who do does not
hold a valid South Dakota certificate pursuant to chapter 13-42, are is subject to the code of
professional ethics as established under § 13-43-45. The procedures referenced in §§ 13-42-12 and
13-42-14 apply to complaints and hearings regarding an alleged violation of the code of professional
ethics by the person. If the Professional Administrators Practices and Standards Commission
determines that the person has violated the code of professional ethics, then the commission may
impose discipline referenced in § 13-43-48.
Section 28. That § 23A-27-14.1 be amended to read as follows:
23A-27-14.1. Notwithstanding §§ 23A-27-14 and 23A-27-17, any person who has received an
order pursuant to § 23A-27-13 for a conviction of subdivision 22-22-1(1), subdivision 22-22-1(5)
or § 22-22-7, or violations of §§ 22-22-24.3, 22-24A-1, 22-24A-3, and 22-24A-5, who is licensed
or seeks to be licensed as a certified teacher pursuant to chapter 13-42 may have his or her the
person's application refused or license revoked as provided in § 13-42-10 chapters 13-42 and 13-43.
Signed February 24, 2015
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CHAPTER 99
(SB 132)
School district financial incentives to recruit or retain teachers.
ENTITLED, An Act to allow school districts to recruit teachers by providing certain financial
incentives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Notwithstanding any other provision of law, a school district may offer and, upon the
signing of a contract by both parties, pay a signing bonus, moving expenses, or tuition
reimbursement to a teacher employed in the school district.
Section 2. Any payment authorized in section 1 of this Act may be paid as follows:
(1) In one lump sum upon completion of the teacher's first year of employment in the school
district; or
(2) In installments over a period not to exceed three years from the date the teacher signed
a contract of employment with the school district, and upon the terms and conditions as
may be mutually agreed upon by the school district and the teacher.
Section 3. Any payment authorized in section 1 of this Act is in addition to any amount payable
under a negotiated teacher's contract, and a school district may, but is not required to, negotiate any
payment authorized in section 1 of this Act with the teacher's designated collective bargaining
representative.
Signed March 13, 2015
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CHAPTER 100
(HB 1147)
Increase the South Dakota Opportunity Scholarship.
ENTITLED, An Act to increase the amounts of the annual awards given to recipients of the South
Dakota opportunity scholarship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-55-33 be amended to read as follows:
13-55-33. One-half of the annual scholarship award shall be paid to public institutions on behalf
of eligible students there enrolled or directly to eligible students enrolled at nonpublic institutions
at the beginning of the fall semester and the other half shall be paid at the beginning of the spring
semester. The amount of the annual award shall be as follows:
(1) One thousand dollars for the first year of attendance;
(2) One thousand dollars for the second year of attendance;
(3) One thousand dollars for the third year of attendance;
(4) Two thousand dollars for the fourth year of attendance unless the student attended full-time a regionally accredited university, college, or technical school located outside South
Dakota prior to admission to the program, in which case the award shall be one thousand
dollars.
For students first receiving a scholarship award after July 1, 2015, the amount of the annual
award shall be as follows:
(1) One thousand three hundred dollars for the first year of attendance;
(2) One thousand three hundred dollars for the second year of attendance;
(3) One thousand three hundred dollars for the third year of attendance;
(4) Two thousand six hundred dollars for the fourth year of attendance unless the student
attended full-time a regionally accredited university, college, or technical school located
outside South Dakota prior to admission to the program, in which case the award shall be
one thousand three hundred dollars.
If a scholarship recipient completes an undergraduate degree within three full years of attendance
and subsequently enrolls in an eligible institution as defined in subdivision 13-55-31(4) in a graduate
program and attains full-time graduate status as determined by the graduate program, the recipient
is entitled to the remainder of the award the recipient would have received if the recipient had
completed an undergraduate degree following four full years of attendance.
If, in any year, the total funds available to finance the scholarship awards are insufficient to
permit each eligible recipient to receive the full amount provided in this section, the available
moneys shall be prorated and distributed to each recipient in proportion to the entitlement
contemplated by this section. The total amount of the scholarship may not exceed
five thousand six
thousand five hundred dollars.
Signed March 19, 2015
_______________
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CHAPTER 101
(SB 91)
Appropriation to support
the South Dakota need-based grant program.
ENTITLED, An Act to make an appropriation to support the South Dakota need-based grant
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 one hundred fifty
thousand dollars ($150,000), or so much thereof as may be necessary, to the Board of Regents to
increase the funds available to support the South Dakota need-based grant fund established pursuant
to § 13-55A-14.
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.
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 19, 2015
_______________
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CHAPTER 102
(SB 92)
Appropriation to support
the South Dakota critical teaching needs scholarship program.
ENTITLED, An Act to make an appropriation to support the South Dakota critical teaching needs
scholarship 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 one hundred fifty
thousand dollars ($150,000), or so much thereof as may be necessary, to the Board of Regents to
increase the funds available to support the South Dakota critical teaching needs scholarship program
established pursuant to §§ 13-55-64 to 13-55-71, inclusive.
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.
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 19, 2015
_______________
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CHAPTER 103
(HB 1191)
Appropriation for the Jobs for America's Graduates program.
ENTITLED, An Act to make an appropriation for the Jobs for America's Graduates 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 two hundred fifty
thousand dollars ($250,000), or so much thereof as may be necessary, to the Department of
Education to fund the Jobs for America's Graduates program.
Section 2. The secretary of the Department of Education 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 19, 2015
_______________
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CHAPTER 104
(SB 26)
Appropriation to the Board of Regents
to demolish the veterinary isolation building.
ENTITLED, An Act to authorize the Board of Regents to demolish the veterinary isolation building
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 a structure known as the
veterinary isolation building, consisting of five thousand one hundred twenty square feet, at South
Dakota State University. This project includes demolition, abatement of asbestos or other such
hazardous materials, lawful disposal of the fixtures or rubble, and any other action reasonably
necessary to restore the site to grade.
Section 2. There is hereby appropriated the sum of seventy thousand dollars ($70,000) in other
fund expenditure authority, or so much thereof as may be necessary, to the Board of Regents to
accomplish the activities described in section 1 of this Act, payable from funds derived from animal
disease research and diagnostic service fees.
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.
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.
Signed March 12, 2015
_______________
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CHAPTER 105
(SB 27)
Appropriation to the Board of Regents to contract for
the replacement of the plant science research support facility.
ENTITLED, An Act to authorize the Board of Regents to contract for the replacement of the plant
science research support facility 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 contract for the construction of the plant science research
support facility, with furnishing 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 project,
all at a cost not to exceed four million five hundred thousand dollars, subject to permitted
adjustments pursuant to section 3 of this Act.
Section 2. There is hereby appropriated the sum of four million dollars ($4,000,000), in other
fund expenditure authority, or so much thereof as may be necessary, to the Board of Regents for the
purposes authorized in this Act, payable from facilities and administration overhead, Foundation
Seed Stock Division, and from service centers within the College of Agriculture and Biological
Sciences. The remaining five hundred thousand dollars of project costs, plus any permitted
adjustment pursuant to section 3 of this Act, shall be from funds received pursuant to section 4 of
this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2014 values. The
Board of Regents may adjust such cost estimates to reflect inflation, as measured by the Building
Cost Index reported by the Engineering News-Record, or for additional expenditures required to
comply with regulations adopted after the effective date of this Act. However, no adjustment to any
cost estimate may exceed one hundred twenty-five percent of the authorized expenditure authority
stated in section 2 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 Board
of Regents for the project authorized by this Act, subject to the limitations stated in sections 1 and
3 of 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.
Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Signed March 12, 2015
_______________
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CHAPTER 106
(SB 25)
Appropriation to Board of Regents
to acquire agricultural property in Moody County.
ENTITLED, An Act to authorize the Board of Regents to enter into a lease-purchase agreement to
acquire agricultural property in Moody County for the use and benefit of the South Dakota State
University Agricultural Experiment Station.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may enter into a lease-purchase agreement to acquire
agricultural property in Moody County for the use and benefit of the South Dakota State University
Agricultural Experiment Station. The lease may have a term not to exceed fifteen years, and an
annual lease payment by the Board of Regents not to exceed one hundred twenty thousand dollars.
The annual lease payment shall be authorized through the normal budgeting process and shall be
made from other funds derived from grant and contract indirect recovery funds, royalty funds, and
income from sales of services.
Section 2. The real property to be acquired pursuant to this Act, comprising three hundred twenty
acres, more or less, is described as follows: NW¼ of Section 28 and the SE¼ of Section 21,
Township 108N, Range 50W, all in Moody County, South Dakota.
Signed March 12, 2015
_______________
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CHAPTER 107
(SB 33)
Resident tuition eligibility
for the spouses and children of active duty military personnel.
ENTITLED, An Act to extend resident tuition eligibility to the spouses and children of active duty
military personnel and of qualifying veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-53-29.1 be amended to read as follows:
13-53-29.1. Any person who is a veteran as defined by §§ 33A-2-1 and 33A-2-2 shall be
classified as a resident student without meeting the twelve-month residency requirement within
South Dakota pursuant to § 13-53-24. If the veteran has established a South Dakota residence, the
provisions of this section also apply to the spouse or child of the veteran.
Section 2. That chapter 13-53 be amended by adding thereto a NEW SECTION to read as
follows:
Any person living in the state shall be classified as a resident student without meeting the twelve-month residency requirement within South Dakota pursuant to the provisions of § 13-53-24 if the
person receives veteran's educational benefits pursuant to the provisions of chapters 30 and 33, Title
38, of the United States Code as of January 1, 2015.
Section 3. That § 13-53-41.2 be amended to read as follows:
13-53-41.2. Any person who is actively serving in the armed forces of the United States, and
who, at the time of registration, is stationed for active duty in the State of South Dakota, qualifies
for resident tuition rates at the institutions controlled by the Board of Regents. The provisions of this
section also apply to the spouse or child of such the person.
Signed March 13, 2015
_______________
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CHAPTER 108
(SB 23)
Ownership and management of the South Dakota Art Museum.
ENTITLED, An Act to revise certain provisions regarding the ownership and management of the
South Dakota Art Museum.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-58-19 be amended to read as follows:
13-58-19. The South Dakota Memorial Art Center Building Art Museum is the property of the
State of South Dakota. The purpose of the center is to:
(1) House choice selections and museum is to house pieces of art, sculpture, etchings, and
other important cultural items belonging to the State of South Dakota and South Dakota
State University or selected by the South Dakota Federation of Women's Clubs which
shall to serve as the an inspiration to all citizens of South Dakota;
(2) Contain headquarters and offices of the South Dakota Federation of Women's Clubs and
a memorial room to honor pioneers, selected by it, who have made significant
contributions to the progress of this state; and
(3) Contain space sufficient to provide educational opportunities for the university
commensurate with the cost of maintaining and paying the operational expense of such
buildings as specified in § 13-58-24.
The Board of Regents has authority over the museum. In recognition of its fund raising on behalf
of the South Dakota Art Museum, the South Dakota Federation of Women's Clubs may obtain
authorization to locate its headquarters and offices within the museum. The Board of Regents may
establish a memorial room in the museum to honor pioneers who made significant contributions to
the progress of the state, and the South Dakota Federation of Women's Clubs may select the
individuals to be included in the memorial room.
South Dakota State University is responsible for and shall perform all the functions of the South
Dakota Art Museum including business operations, accession, de-accession of holdings, and
operation and maintenance expenses. South Dakota State University shall assure that the facility is
managed and arranged as not to interfere with the rights, privileges, and purposes assured by this
section to the South Dakota Federation of Women's Clubs.
Any grant or donation made to the South Dakota Art Museum after July 1, 2015, may be
accepted and administered by South Dakota State University.
Section 2. That § 13-58-24 be repealed.
Signed February 9, 2015
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CHAPTER 109
(SB 28)
Authorize the Board of Regents
to sell certain real property to the City of Brookings.
ENTITLED, An Act to authorize the Board of Regents to sell certain extraneous real property to the
City of Brookings, to deposit the proceeds in the school and public lands trust for the benefit of
South Dakota State University, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may sell to the City of Brookings, at its appraised value of eight
thousand nine hundred dollars, extraneous real property on the campus of South Dakota State
University and described as: Lots Four (4) and Five (5) of Eberlein's Addition to the City of
Brookings, County of Brookings, State of South Dakota, together with the easements of record
described as the East Ten Feet (E 10') of Lot Two (2) of said Addition and the West Ten Feet (W 10')
of Lot Three (3) of said Addition.
Section 2. The proceeds from the sale authorized by this Act, less one thousand two hundred fifty
dollars to cover the university's share of the costs of appraisal, shall be deposited in the school and
public lands trust, pursuant to chapter 5-10, and the earnings therefrom shall be credited to the
support of South Dakota State University and its authorized programs as provided by law.
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 4, 2015
_______________
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CHAPTER 110
(SB 24)
Appropriation to Board of Regents
to demolish certain structures in Brookings.
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 the wood frame, single-family residence facilities
on the campus of South Dakota State University, designated as buildings 2311 (1872 sf), 2312 (2406
sf), 2313 (1872 sf), 2314 (1872 sf), 2315 (1872 sf), 2316 (1872 sf), 2317 (2406 sf), 2318 (1872 sf),
2319 (1872 sf), and 2320 (1872 sf), at such time as the Board of Regents adopts a proposal to replace
the facilities with lower maintenance and more efficient housing better suited to the long-term needs
of the university. This project includes demolition, abatement of asbestos or other such hazardous
materials, and lawful disposal of the fixtures or rubble.
Section 2. There is hereby appropriated the sum of two hundred fifty thousand dollars
($250,000), in other fund expenditure authority, or so much thereof as may be necessary, to the
Board of Regents to accomplish the activities described in section 1 of this Act, payable from project
resident rental payments.
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.
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.
Signed March 11, 2015
_______________
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CHAPTER 111
(HB 1021)
South Dakota School of Mines and Technology
building projects authorization changed.
ENTITLED, An Act to repeal the authorization for the South Dakota School of Mines and
Technology research center project and to authorize the South Dakota Building Authority to
issue bonds to finance a portion of the maintenance and repair of the South Dakota School of
Mines and Technology chemistry/chemical engineering renovation project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (5) of section 3 of chapter 107 of the 2012 Session Laws be amended
to read as follows:
(5) South Dakota School of Mines and Technology
research center chemistry/chemical
engineering building renovation project, not to exceed one hundred twenty thousand thirty
thousand fifty-five gross square feet, for an estimated construction cost of thirty-seven
million forty thousand ten million dollars, of which no more than six million forty
thousand dollars may be financed through the issuance of revenue bonds, with the
remaining funds being drawn from donations, or federal, or other funds, including five
hundred nineteen thousand dollars from the institution's allocation of higher education
facilities fund maintenance and repair funds, as provided in section 8 of this Act;
Signed March 12, 2015
_______________
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CHAPTER 112
(HB 1022)
Appropriation to Board of Regents
to purchase improved property in Spearfish.
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. The Board of Regents may purchase the following improved real property on behalf
of Black Hills State University:
(1) Lot 8, Block 9, West Addition to the City of Spearfish, Lawrence County, South Dakota;
(2) Lot 9, Block 9, West Addition to the City of Spearfish, Lawrence County, South Dakota;
and
(3) Lot 5, Block 2, West Addition to the City of Spearfish, Lawrence County, South Dakota.
Section 2. There is hereby appropriated the sum of forty-five thousand dollars ($45,000) in other
fund expenditure authority, or so much thereof as may be necessary, to the Board of Regents to
purchase the real property authorized in section 1 of this Act, payable from other funds derived from
administrative overhead.
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.
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.
Signed March 12, 2015
_______________
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CHAPTER 113
(SB 110)
Authority to construct an information system building
at Dakota State University.
ENTITLED, An Act to revise the authority granted to the Building Authority and to the Board of
Regents to construct an information system building on the campus of Dakota State University
in Madison.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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, not to exceed forty-eight 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 2. That section 2 of chapter 41 of the 2014 Session Laws be repealed.
Section 3. That section 4 of chapter 41 of the 2014 Session Laws be amended to read as follows:
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 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.
Signed March 12, 2015
_______________
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CIVIL PROCEDURE
_______________
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CHAPTER 114
(HB 1173)
Deter frivolous appeals of land zoning decisions.
ENTITLED, An Act to revise certain provisions regarding liability of parties involved in frivolous
or malicious civil actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 15-17-51 be amended to read as follows:
15-17-51. If a civil action, including an action for appeal of a zoning decision, or special
proceeding is dismissed or requested relief is denied and if the court determines that it was frivolous
or brought for malicious purposes, the court shall order the party whose claim, cause of action, or
defense was dismissed or denied to pay part or all expenses incurred by the person party defending
the matter, including reasonable attorneys' fees.
Signed March 12, 2015
_______________
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COURTS AND JUDICIARY
_______________
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CHAPTER 115
(SB 179)
Record search fees in the Unified Judicial System.
ENTITLED, An Act to revise certain provisions relating to record search fees in the Unified Judicial
System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 16-2-29.7 be repealed.
Section 2. That § 16-2-43 be amended to read as follows:
16-2-43. The clerk of courts shall collect all amounts due under §§ 16-2-29.5, 16-2-39, and 16-2-41 and transmit such amounts monthly to the state treasurer who shall place such amounts received
into the Unified Judicial System court automation fund. For any search performed after June 30,
2015, the state treasurer shall place five dollars of the twenty dollar fee collected pursuant to § 16-2-29.5 into the law enforcement officers' training fund.
Signed March 19, 2015
_______________
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CHAPTER 116
(HB 1110)
Judges added to the Second and Seventh Judicial Circuits.
ENTITLED, An Act to increase the number of judges in the Second and Seventh Judicial Circuits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 16-6-1 be amended to read as follows:
16-6-1. The number of circuit judges of each of the judicial circuits established by § 16-5-1.2 is
as follows:
(1) First Circuit: Six circuit judges;
(2) Second Circuit: Ten Eleven circuit judges;
(3) Third Circuit: Six circuit judges;
(4) Fourth Circuit: Four circuit judges;
(5) Fifth Circuit: Four circuit judges;
(6) Sixth Circuit: Four circuit judges;
(7) Seventh Circuit: Seven Eight circuit judges.
Signed March 19, 2015
_______________
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CHAPTER 117
(HB 1061)
Outdated provision relating to inferior courts repealed.
ENTITLED, An Act to repeal an outdated and obsolete provision related to transferring cases from
inferior courts to circuit courts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 16-6-9.1 be repealed.
Signed February 12, 2015
_______________
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CHAPTER 118
(HB 1062)
Selection of jury panels revised.
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 § 16-13-23 be amended to read as follows:
16-13-23. Within fifteen days from the receipt of the order provided in § 16-13-22, but no later
than the first day of November, the clerk of courts, register of deeds, county treasurer, and sheriff
shall meet at the clerk's office to shall select the jury panels.
Any such officer who is not disqualified may act by deputy.
Section 2. That § 16-13-27 be amended to read as follows:
16-13-27. Unless an electronic selection system is used, the drawing officers shall verify the
clerk's tickets corresponding to all the names on the master jury list. Separate tickets corresponding
to all such names shall be placed in the jury wheel or drawing box, shall be thoroughly mixed, and
shall be drawn one at a time and in rotation by the register of deeds, treasurer, and sheriff, or their
designees, until the required panels have been filled. As each name is drawn, it shall be recorded by
the clerk, and the completed list shall be signed by the drawing officers.
The
drawing officers may clerk of courts shall use an electronic
or mechanical selection system
or device in carrying out their duties pursuant to this section to fill the jury panels with names from
the master jury list.
If an electronic jury selection system is used, the drawing officers The clerk of
courts shall sign the list to indicate that the selection was fairly performed to the best of
their the
clerk's knowledge.
Section 3. That § 16-13-31 be amended to read as follows:
16-13-31. No irregularity or omission upon the part of the state court administrator's office, the
board of jury selectors, or of any officer, in the performance of any duty imposed by this chapter,
serves to invalidate the panel of grand or petit jurors selected unless it shall be made to appear to the
satisfaction of the court for which the panel was drawn that there was such misfeasance or
malfeasance as would tend to deprive some litigant or person charged with crime of a substantial
right, in which event the court may dismiss any or all members of the panel from the trial of such
case or the consideration of such matter or for the term and may make such order respecting the
drawing of additional names from the list or a new panel or a special venire as the court may deem
proper.
Section 4. That § 16-13-24 be repealed.
Section 5. That § 16-13-25 be repealed.
Signed February 12, 2015
_______________
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CHAPTER 119
(SB 97)
Allowable penalties for a person admitted to drug court.
ENTITLED, An Act to revise the allowable penalties for a person admitted to drug court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 16-22 be amended by adding thereto a NEW SECTION to read as
follows:
For any person admitted to a drug court, as defined in § 16-22-3, a sanction may include the
imposition of jail time and this sanction may be imposed irrespective of § 23A-27-18.1. However,
any jail term shall be credited toward any incarceration imposed upon a subsequent revocation of a
suspended execution of sentence. The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the best practices for drug court sanctions.
Signed March 13, 2015
_______________
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CHAPTER 120
(SB 109)
Appropriation for community and residential services for adults.
ENTITLED, An Act to establish a grant program for adult community residential services designed
to reduce the risk of recidivism, to provide a report to the Legislature, to make an appropriation
therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby established the alternative care program to be administered by the
Unified Judicial System. The Unified Judicial System shall award grants to nonprofit entities within
the state of South Dakota that provide indigent adults with extended residential alternative care
programs designed to reduce the risk of recidivism. The grants shall be awarded for room and board
costs for South Dakota residents of the program with a maximum award of thirty dollars per day per
resident. Any grant award shall be distributed in quarterly installments.
Section 2. The Unified Judicial System shall initiate a request for proposal and publicize the
availability of the grant funding and any procedures for obtaining grants pursuant to section 1 of this
Act.
Section 3. The recipient of any such grant shall prepare a report containing information on the
results and outcomes for program participants including: completion rates, termination rates,
graduation rates, and recidivism data. The report shall be submitted to the Legislature no later than
November 15, 2016.
Section 4. There is hereby appropriated from the general fund the sum of two hundred thousand
dollars ($200,000), or so much thereof as may be necessary, to the Unified Judicial System to fund
the grant program established in section 1 of this Act.
Section 5. The Chief Justice of the Unified Judicial System shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
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 19, 2015
_______________
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CHAPTER 121
(SB 178)
Appropriation for the rural attorney assistance program
in the Unified Judicial System.
ENTITLED, An Act to revise certain programs and authorize certain projects in the Unified Judicial
System 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 five hundred thousand dollars ($500,000) in
other fund expenditure authority, or so much thereof as may be necessary, from the Unified Judicial
System court automation fund to the Unified Judicial System for the purpose of providing incentive
payments to attorneys participating in the rural attorney assistance program.
Section 2. That § 16-23-4 be amended to read as follows:
16-23-4. An attorney licensed to practice in South Dakota is eligible to participate in the
recruitment assistance pilot program established pursuant to this chapter. The attorney shall agree
to practice in an eligible rural county for at least five years. No more than a total of sixteen thirty-two
attorneys may participate in the program. No attorney may be added to the program after July 1, 2017
2022.
Section 3. There is hereby appropriated the sum of three hundred thousand dollars ($300,000)
in other fund expenditure authority, or so much thereof as may be necessary, from the Unified
Judicial System court automation fund to the Unified Judicial System for the purpose of renovating
the Supreme Court law library in the state capitol building.
Section 4. There is hereby appropriated the sum of one hundred thousand dollars ($100,000) in
other fund expenditure authority, or so much thereof as may be necessary, from the Unified Judicial
System court automation fund to the Unified Judicial System for the purpose of awarding grants to
counties for projects related to the improvement of courthouse security.
Section 5. The state treasurer shall transfer to the law enforcement officers training fund four
hundred thousand dollars ($400,000) from the Unified Judicial System court automation fund to help
address the negative cash balance in the law enforcement officers training fund.
Section 6. The Chief Justice of the South Dakota Supreme Court shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Signed March 13, 2015
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CHAPTER 122
(SB 168)
A task force to study elder abuse in South Dakota.
ENTITLED, An Act to establish a task force to study elder abuse in South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby established the Elder Abuse Task Force to study the prevalence and
impact of elder abuse in South Dakota and to make recommendations to the Legislature on policies
and legislation to effectively address the issue. The task force shall consist of the following
seventeen members:
(1) The president pro tempore of the Senate shall appoint three members of the Senate;
(2) The speaker of the House of Representatives shall appoint three members of the House
of Representatives;
(3) The Governor shall appoint three members who have significant experience working with
issues related to elder abuse;
(4) The Chief Justice of the Supreme Court shall appoint five members who have significant
experience working with issues related to elder abuse and two members from the banking
industry; and
(5) The attorney general shall appoint one member who has significant experience working
with issues related to elder abuse.
Section 2. The initial appointments shall be made no later than July 1, 2015, and shall serve until
January 1, 2016, 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. The elder abuse task force shall be staffed and funded by the Unified Judicial System,
not to exceed fifteen thousand dollars.
Section 4. This Act is repealed on December 31, 2016.
Signed March 12, 2015
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JUDICIAL REMEDIES
_______________
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CHAPTER 123
(HB 1063)
Name change notice requirements changed.
ENTITLED, An Act to revise the notice provisions for the name change of a minor child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-37-4 be amended to read as follows:
21-37-4. Notice The petitioner shall give notice of the hearing on change of name of a person,
stating the time and place and object thereof with the old and proposed names of the petitioner, shall
be given by publishing the same notice once each week for four successive weeks in any legal
newspaper of the county of petitioner's residence. In any action where the change of name sought
involves a minor child, the petitioner shall also give notice in the same manner as is required for
service of a summons pursuant to § 15-6-4 to any parent that is not a party to the petition and whose
parental rights have not been terminated.
Signed February 26, 2015
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CHAPTER 124
(HB 1076)
Title insurance may be substituted for an abstract of title.
ENTITLED, An Act to permit the submission of a title insurance policy in lieu of an abstract in
certain instances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-45-13 be amended to read as follows:
21-45-13. If it appears to the court that it was necessary to have made an abstract of the title to
the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the
plaintiff shall have failed to have the same made before the commencement of the action, and any
of the defendants shall have had such abstract afterwards made, the cost of the abstract, with interest
thereon from the time the same is subject to the inspection of the respective parties, must be allowed
and taxed. Whenever such abstract is produced by the plaintiff before the commencement of the
action, he must file with his complaint a notice that an abstract of the title has been made and is
subject to the inspection and use of all the parties to the action, designating therein where the abstract
will be kept for inspection. But if the plaintiff shall have failed to procure such abstract before
commencing the action, and any defendant shall procure the same to be made, he shall, as soon as
he has directed it to be made, file a notice thereof in the action with the clerk of courts, stating who
is making the same, and where it will be kept when finished. The court, or the judge thereof, may
direct, from time to time, during the progress of the action, who shall have the custody of the
abstract. For purposes of this section, a title insurance policy may be submitted in lieu of an abstract.
Signed February 26, 2015
_______________
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CHAPTER 125
(SB 119)
Obtaining the title for an abandoned
mobile or manufactured home so that it can be moved.
ENTITLED, An Act to revise certain provisions regarding abandoned mobile and manufactured
homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 21-54 be amended by adding thereto a NEW SECTION to read as
follows:
An owner of an unencumbered, except for taxes owed, mobile home or manufactured home may
voluntarily transfer title of the mobile home or manufactured home, for the sole purpose of disposal,
to the owner of the real property upon which the mobile home or manufactured home is located. The
treasurer shall issue a title to the owner of the real property on which the mobile home or
manufactured home is located, without payment or obligation to pay any taxes owed on the home
at the time of acquisition.
Prior to disposal, the owner of the real property shall submit an affidavit for disposal of the
mobile home or manufactured home, and the properly endorsed title, to the county treasurer verifying
that title was transferred for disposal purposes only and that no consideration was exchanged.
If the owner of the real property is moving the mobile home or manufactured home as part of the
disposal process, the county treasurer shall issue the permit provided by § 32-5-16.3 to move the
mobile home or manufactured home for disposal purposes without receiving payment of taxes owed
on the mobile home or manufactured home.
The owner of the real property has ninety days from the date of the affidavit to dispose of the
mobile home or manufactured home and to surrender the title to the county treasurer. The county
treasurer may allow an additional sixty days for disposal upon request by the owner of the mobile
home or manufactured home upon good cause shown for such additional days. If the title is not
timely surrendered to the county treasurer, the owner of the real property is liable for all taxes owed
on the mobile home or manufactured home.
The Department of Revenue shall prescribe the form for the affidavit required by this section.
Section 2. The county treasurer shall deliver the affidavit filed pursuant to section 1 of this Act
to the board of county commissioners after issuance of the permit. Upon receipt of the affidavit, the
board of county commissioners shall abate any taxes owed on the mobile home or manufactured
home pursuant to the provisions of § 21-54-19. However, if the owner of the real property failed to
timely surrender the title to the county treasurer, the board may not abate any taxes owed on the
mobile home or manufactured home.
Signed March 12, 2015
_______________
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CHAPTER 126
(HB 1225)
Prohibit the unauthorized commercial use
of a personality's right of publicity.
ENTITLED, An Act to prohibit the unauthorized commercial use of a personality's right of publicity
and provide a civil remedy therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Commercial purpose," the use of an aspect of a personality's right of publicity in
connection with a product, merchandise, goods, service, or commercial activity; for
advertising or soliciting purchases of a product, merchandise, goods, service, or for
promoting a commercial activity; or for the purpose of fund-raising;
(2) "Personality," a living or deceased natural person who is a citizen of this state, or who
died domiciled in this state whose name, voice, signature, photograph, image, likeness,
distinctive appearance, gesture, or mannerism identifies a specific person and has
commercial value, whether or not the person uses or authorizes the use of the person's
rights of publicity for a commercial purpose that serves to identify a specific person;
(3) "Right of publicity," a personality's property interest in the personality's name, voice,
signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism.
Section 2. No person may use any aspect of a personality's right of publicity for a commercial
purpose during the personality's lifetime or for seventy years after the death of the personality
without the express written consent of the personality, or if the personality is deceased without the
express written consent of the personality's next of kin or other person or entity that owns the right
of publicity.
Section 3. The provisions of this Act apply to a personality who is deceased prior to July 1, 2015.
Section 4. A personality's right of publicity terminates if the personality is deceased and there
is no living next of kin of the personality and the personality has not assigned his or her rights.
Section 5. The personality, or if the personality is deceased, the personality's next of kin or other
owner of the right of publicity, has a cause of action for a violation of a personality's right of
publicity against the person for any violation of section 2 of this Act. If the court finds a violation
of section 2 of this Act, the court may order:
(1) Temporary or permanent injunctive relief;
(2) Damages in the amount of one thousand dollars or the actual damages, including profits
derived from the unauthorized use, whichever amount is greater;
(3) In determining a defendant's profits, the plaintiff is required to prove the gross revenue
attributable to the unauthorized use, and the defendant is required to prove properly
deductible expenses; and
(4) If the court finds that the violation of section 2 of this Act was knowing, willful, or
intentional, treble, but not computed on the defendant's profits, or punitive damages, as
the plaintiff elects.
Section 6. The provisions of this Act do not apply to the use of a personality's name, voice,
signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms in any:
(1) Literary work, theatrical work, musical composition, audio visual work, film, radio, or
television program;
(2) Material that has political or newsworthy value;
(3) Original work of fine art;
(4) Promotional material or advertisement, for a news reporting or entertainment medium,
that uses all or part of a past edition of the medium's original broadcast and does not
convey or suggest that the personality endorses the news reporting or entertainment
medium;
(5) An advertisement of commercial announcement for a use described in this section; and
(6) Any use of a right of publicity before December 31, 2014.
Section 7. The provisions of this Act do not apply to the use of a personality's name to truthfully
identify the personality as the author of a written work or a performer of a recorded performance if
the written work or recorded performance is otherwise rightfully reproduced, exhibited, or broadcast.
Section 8. The provisions of this Act do not apply to the use of a personality's name, voice,
signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism in connection
with a broadcast or reporting of an event or a topic of general or public interest including
unauthorized biographies.
Section 9. The provisions of this Act do not apply to a personality whose name, voice, signature,
photograph, image, likeness, distinctive appearance, gesture, or mannerism has commercial value
solely because the personality has been formally charged with or convicted of a crime.
Section 10. A successor in interest to the right of publicity of a deceased personality pursuant to
this Act or a licensee thereof may not recover damages or equitable relief for a use prohibited
pursuant to this Act that occurs before the successor in interest registers a claim of right of publicity
pursuant to section 11 of this Act.
Section 11. Any person claiming to be a successor in interest to the right of publicity of a
deceased personality pursuant to this Act or a licensee thereof may register that claim with the
secretary of state on a form prescribed by the secretary of state and upon payment of a one hundred
dollar filing fee to the secretary of state. The form shall be verified and shall include the name and
date of death of the deceased personality, the name and address of the claimant, the basis of the
claim, and the rights claimed.
Upon receipt and after filing of any document pursuant to this section, the secretary of state shall
post the document along with the entire registry of persons claiming to be a successor in interest to
the right of publicity of a deceased personality or a registered licensee pursuant to this section on the
secretary of state's website.
The secretary of state may microfilm or reproduce by other technique, any filing or document
filed pursuant to this section and may then destroy the original filing or document. The secretary of
state may destroy the microfilm or other reproduction of the filing or document seventy years after
the death of the personality named therein.
A claim registered pursuant to this section is a public record.
Section 12. The provisions of this Act constitute the sole and exclusive bases regarding a
misappropriation of name, image, or likeness of a personality and the personality's right of publicity,
and any remedy for a violation of such rights.
Signed March 19, 2015
_______________
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CRIMES
_______________
Start Included file
CHAPTER 127
(HB 1089)
Female genital mutilation banned.
ENTITLED, An Act to ban the practice of female genital mutilation in the state, to provide a penalty
therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. It is a Class 4 felony for any person:
(1) To knowingly circumcise, excise, mutilate, or infibulate, in whole or in part, the labia
majora, labia minora, or clitoris of a female under the age of eighteen years;
(2) Who is a parent, guardian, or has immediate custody or control of a female under the age
of eighteen years to knowingly consent to or permit the circumcision, excision, mutilation,
or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such
female; or
(3) To knowingly remove, cause, or permit the removal of a female under the age of eighteen
years from this state for the purpose of circumcising, excising, mutilating, or infibulating,
in whole or in part, the labia majora, labia minora, or clitoris of such female.
Section 2. It is not a defense to the provisions of section 1 of this Act that the conduct described
is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom
the conduct is performed, or the parent or guardian of the individual consented to the procedure.
Section 3. A surgical procedure is not a violation of section 1 of this Act if the procedure is:
(1) Necessary to the health of the individual on whom it is performed and the procedure is
performed by a licensed medical practitioner in a licensed medical facility; or
(2) Performed on an individual in labor or who has just given birth and the procedure is
performed for medical purposes connected with that labor or birth and the procedure is
performed by a licensed medical practitioner.
Section 4. 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, 2015
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CHAPTER 128
(HB 1140)
Protection order violations, penalty revised.
ENTITLED, An Act to increase the crimes and lookback period to enhance the penalty for violating
a protection order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-19A-16 be amended to read as follows:
22-19A-16. If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person to be restrained knows of the order,
violation of the order is a Class 1 misdemeanor. If any violation of this section constitutes an assault
pursuant to § 22-18-1.1, the violation is a Class 6 felony. If a respondent or person to be restrained
has been convicted of, or entered a plea of guilty to, two or more violations of this section or § 25-10-13, the factual basis for which occurred after the date of the second conviction, and occurred
within five ten years of committing the current offense, the respondent or person to be restrained is
guilty of a Class 6 felony for any third or subsequent offense. Any proceeding under §§ 22-19A-8
to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.
Signed March 19, 2015
_______________
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CHAPTER 129
(HB 1231)
Forfeiture of financial benefit or valuables
gained from prostitution or pimping.
ENTITLED, An Act to authorize the forfeiture of any financial benefit or valuables gained from
pimping.
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, and 22-23-2, 22-23-8, and 22-23-9 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 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 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;, and 22-23-2,
22-23-8, and 22-23-9; and
(7) Any asset, interest, profit, income, and proceed acquired or derived from the unlawful
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, and 22-23-2,
22-23-8, and 22-23-9.
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. 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 § 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, and 22-23-2, 22-23-8, and 22-23-9 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, and 22-23-2, 22-23-8, and 22-23-9 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 3. 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 22-23-2, 22-23-8, and 22-23-9
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,
or with an adult in this state in violation of § 22-23-2, 22-23-8, or 22-23-9 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,
and 22-23-2, 22-23-8,
and 22-23-9 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 22-23-2, 22-23-8, and
22-23-9; 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 22-23-2, 22-23-8, and 22-23-9; 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. 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.
Signed March 13, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\130.wpd
CHAPTER 130
(SB 13)
Person convicted of human trafficking to register as sex offender.
ENTITLED, An Act to require certain persons convicted for human trafficking to register as sex
offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-1 be amended to read as follows:
22-24B-1. For the purposes of §§ 22-24B-2 to 22-24B-14, inclusive, a sex crime is any of the
following crimes regardless of the date of the commission of the offense or the date of conviction:
(1) Rape as set forth in § 22-22-1;
(2) Felony sexual contact with a minor under sixteen as set forth in § 22-22-7 if committed
by an adult;
(3) Sexual contact with a person incapable of consenting as set forth in § 22-22-7.2;
(4) Incest if committed by an adult;
(5) Possessing, manufacturing, or distributing child pornography as set forth in § 22-24A-3;
(6) Sale of child pornography as set forth in § 22-24A-1;
(7) Sexual exploitation of a minor as set forth in § 22-22-24.3;
(8) Kidnapping, as set forth in § 22-19-1, if the victim of the criminal act is a minor;
(9) Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);
(10) Criminal pedophilia as previously set forth in § 22-22-30.1;
(11) Felony indecent exposure as previously set forth in former § 22-24-1 or felony indecent
exposure as set forth in § 22-24-1.2;
(12) Solicitation of a minor as set forth in § 22-24A-5;
(13) Felony indecent exposure as set forth in § 22-24-1.3;
(14) Bestiality as set forth in § 22-22-42;
(15) An attempt to commit any of the crimes listed in this section or any conspiracy or
solicitation to commit any of the crimes listed in this section;
(16) Any crime committed in a place other than this state which would constitute a sex crime
under this section if committed in this state;
(17) Any federal crime or court martial offense that would constitute a sex crime under federal
law;
(18) Any crime committed in another state if that state also requires that anyone convicted of
that crime register as a sex offender in that state; or
(19) If the victim is a minor:
(a) Any sexual acts between a jail employee and a detainee as set forth in § 22-22-7.6;
(b) Any sexual contact by a psychotherapist as set forth in § 22-22-28; or
(c) Any sexual penetration by a psychotherapist as set forth in § 22-22-29;
(20) Intentional exposure to HIV infection as set forth in subdivision (1) of § 22-18-31;
(21) First degree human trafficking as set forth in § 22-49-2 if the victim is a minor; or
(22) Second degree human trafficking as set forth in § 22-49-3 involving the prostitution of
a minor.
Signed March 13, 2015
_______________
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CHAPTER 131
(HB 1142)
Age requirement clarified for sex offender registration.
ENTITLED, An Act to revise certain provisions pertaining to the age requirements for sex offender
registry registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-2 be amended to read as follows:
22-24B-2. Any person who has been convicted for commission of a sex crime, as defined in
§ 22-24B-1, shall register as a sex offender. The term, convicted, includes a verdict or plea of guilty,
a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged
pursuant to § 23A-27-14 prior to July 1, 1995. Any juvenile fourteen years or older at the time of the
offense shall register as a sex offender if that juvenile has been adjudicated of rape as defined in
subdivision 22-24B-1(1), or of an out-of-state or federal offense that is comparable to the elements
of these crimes of rape or any crime committed in another state if the state also requires a juvenile
adjudicated of that crime to register as a sex offender in that state. The term, adjudicated, includes
a court's finding of delinquency, an admission, and a suspended adjudication of delinquency which
has not been discharged pursuant to § 26-8C-4 prior to July 1, 2009. The sex offender shall register
within three business days of coming into any county to reside, temporarily domicile, attend school,
attend postsecondary education classes, or work. Registration shall be with the chief of police of the
municipality in which the sex offender resides, temporarily domiciles, attends school, attends
postsecondary education classes, or works, or, if no chief of police exists, then with the sheriff of the
county. If the sex offender is not otherwise registered in the state, the sex offender shall register
within three business days of coming into any county when the sex offender applies for or receives
a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to
vote. A violation of this section is a Class 6 felony. Any person whose sentence is discharged under
pursuant to § 23A-27-14 after July 1, 1995, shall forward a certified copy of such formal discharge
by certified mail to the Division of Criminal Investigation and to local law enforcement where the
person is then registered under this section. Upon receipt of such the notice, the person shall be
removed from the sex offender registry open to public inspection and shall be relieved of further
registration requirements under this section. Any juvenile whose suspended adjudication is
discharged under pursuant to § 26-8C-4 after July 1, 2009, shall forward a certified copy of the
formal discharge by certified mail to the Division of Criminal Investigation and to local law
enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the
juvenile shall be removed from the sex offender registry open to public inspection and shall be
relieved of further registration requirements under this section.
Signed March 12, 2015
_______________
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CHAPTER 132
(HB 1073)
Sex offender to report a change in vehicle status.
ENTITLED, An Act to require a sex offender to report a change in vehicle status to law
enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-24B be amended by adding thereto a NEW SECTION to read as
follows:
A sex offender shall report, within three business days, any change in the registration status of
a vehicle the offender owns, to the authority specified in § 22-24B-2. A violation of this section is
a Class 1 misdemeanor.
Signed March 11, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\133.wpd
CHAPTER 133
(SB 18)
Lottery and raffle regulation revised.
ENTITLED, An Act to establish certain administrative provisions regarding charitable raffles,
lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade
Practice and Consumer Protection Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-25 be amended by adding thereto a NEW SECTION to read as
follows:
No lottery may continue for longer than eighteen months after the date on which the first ticket
is sold. If an organization determines that a drawing cannot be held within eighteen months, the
organization shall within thirty days notify all purchasers that the lottery cannot be completed or
prize awarded, and that each purchaser is entitled to a full refund of the ticket price upon the
submission of a request for refund. If a purchaser fails to contact the organization and request a
refund within one hundred eighty days after the notice was given, the organization shall remit the
unclaimed refund amount to the Office of State Treasurer as unclaimed property pursuant to chapter
43-41B.
A violation of the provisions of this section constitutes a deceptive act or practice pursuant to
the provisions of § 37-24-6.
Section 2. 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 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 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 that 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 that 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 a person 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 person 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 bill
or invoice for unordered 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 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) 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; or
(14) Violate the provisions of section 1 of this Act.
Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each
act in violation of this statute 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.
Signed February 24, 2015
_______________
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LAW ENFORCEMENT
_______________
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CHAPTER 134
(HB 1082)
Law enforcement officer may issue a citation without a notary.
ENTITLED, An Act to allow a law enforcement officer to issue a citation without a notary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-1A-5 be amended to read as follows:
23-1A-5. Any person may sign a petty offense complaint for an offense which occurred in his
presence. A petty offense complaint, other than one issued by a law enforcement officer, shall be
signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense
complaint under oath, signs the following statement printed or written on a complaint or summons
for a petty offense on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that
this complaint or summons has been examined by me, and to the best of my knowledge and belief,
is in all things true and correct." Any person who signs this statement as provided for in this section,
knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Section 2. That § 23A-2-1 be amended to read as follows:
23A-2-1. A complaint is a written statement of the essential facts constituting an offense charged.
It must be signed under oath before a person authorized to administer oaths in the State of South
Dakota. It is sufficient if a law enforcement officer, in lieu of signing a complaint for a Class 2
misdemeanor under oath, signs the following statement printed or written on a complaint or
summons on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this
complaint or summons has been examined by me, and to the best of my knowledge and belief, is in
all things true and correct." Any person who signs this statement as provided for in this section,
knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Signed March 12, 2015
_______________
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CHAPTER 135
(SB 16)
Law enforcement radio communications protected.
ENTITLED, An Act to revise certain provisions safeguarding law enforcement radio
communications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23-4 be amended by adding thereto a NEW SECTION to read as follows:
Any person who possesses any device actively receiving law enforcement or emergency dispatch
audio or emergency dispatch text while committing a felony is guilty of a Class 1 misdemeanor.
Section 2. That § 23-4-1 be repealed.
Section 3. That § 23-4-3 be repealed.
Section 4. That § 23-4-5 be repealed.
Signed February 24, 2015
_______________
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CHAPTER 136
(SB 12)
Active duty military spouse eligible for concealed carry permit.
ENTITLED, An Act to allow the spouse of an active duty military person to qualify as a resident for
a temporary permit to carry a concealed pistol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-7-7.5 be amended to read as follows:
23-7-7.5. Any person who is active duty military, or the spouse of a person who is active duty
military, with a home of record in South Dakota is considered to have met the provisions of
subdivision 23-7-7.1(6).
Signed February 12, 2015
_______________
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CHAPTER 137
(HB 1215)
Enhanced concealed carry permit.
ENTITLED, An Act to provide for an optional enhanced permit to carry a concealed pistol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
An applicant may submit an application to the sheriff of the county in which the applicant resides
for an optional enhanced permit to carry a concealed pistol. The application shall include:
(1) The application for the optional enhanced permit to carry a concealed pistol;
(2) A copy of the applicant's fingerprints for submission to the Federal Bureau of
Investigation, and any governmental agency or entity authorized to receive such
information, for a state, national, and international criminal history background check;
(3) An authorization to run a fingerprint background check;
(4) A separate payment for the cost of processing the fingerprint background check;
(5) A separate application fee of one hundred dollars for the optional permit to carry a
concealed pistol which shall be distributed fifty dollars to the sheriff and fifty dollars to
the secretary of state to be used by the secretary of state to administer the concealed carry
program; and
(6) Proof that the applicant has successfully completed a qualifying handgun course as
defined in section 6 of this Act within the preceding twelve months or proof that the
applicant is a current or former South Dakota law enforcement officer.
The sheriff shall forward the copy of the applicant's fingerprints, the applicant's authorization for
processing a fingerprint background check, and the payment for the fingerprint background check
to the Division of Criminal Investigation for processing.
Section 2. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
The sheriff shall retain the application and other documents until the sheriff receives the results
of the background checks required pursuant to section 1 of this Act. Within seven days following
receipt of a confirmation that the applicant passed each criminal background check required pursuant
to this section and section 1 of this Act, the sheriff shall file the application with the secretary of state
pursuant to § 23-7-8.
If the applicant submits an application pursuant to section 1 of this Act, meets the requirements
of § 23-7-7.1, passes the required fingerprint background check, and passes a National Instant
Criminal Background Check, the sheriff of the county where the applicant submitted the application
shall, within thirty days of application, issue the applicant a temporary enhanced permit to carry a
concealed pistol. The temporary permit must clearly designate that the permit is enhanced.
Section 3. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
An enhanced permit to carry a concealed pistol is valid for five years and is only valid if carried
with a government issued form of identification that includes a picture of the permit holder.
Section 4. The holder of the permit may renew the permit through the sheriff of the county where
the holder resides for a period beginning ninety days before the permit expires and ending thirty days
after expiration of the permit, if the holder pays the fifty dollar renewal fee and passes a National
Instant Criminal Background Check. If the holder of the enhanced permit to carry a concealed pistol
does not renew the permit within thirty days of expiration of the permit, the holder must reapply for
an enhanced permit to carry a concealed pistol pursuant to section 1 of this Act.
Section 5. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
Unless otherwise specified, the references, rights, and responsibilities in chapter 23-7 related to
a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed pistol.
Section 6. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
A qualifying handgun course is any handgun course that is taught by a National Rifle Association
certified instructor who also holds a current certificate of completion from the South Dakota
Division of Criminal Investigation on the use of force. The qualifying handgun course must include
instruction in each of the following:
(1) South Dakota law relating to firearms and the use of force;
(2) The basic concepts of the safe and responsible use of handguns;
(3) Self-defense principles; and
(4) Live fire training including the firing of at least ninety-eight rounds of ammunition by the
student.
Section 7. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:
The Division of Criminal Investigation shall offer at least one course focused on the use of force,
including applicable state laws, per year, open to National Rifle Association certified instructors. The
Division of Criminal Investigation shall develop the use of force course and may promulgate rules
pursuant to chapter 1-26 to establish the course standards for the issuance of a certificate of
completion, establish a fee for the course not to exceed one hundred fifty dollars, and to implement
the course.
Section 8. That § 23-7-7.2 be amended to read as follows:
23-7-7.2. No issuing authority, that has issued the permit in conformity with this chapter, is
civilly liable to any injured person or his estate for any injury suffered, including any action for any
wrongful death or property damage suffered, because of the issuance of a concealed weapons permit,
or temporary permit, to any person. For purposes of this section, the Division of Criminal
Investigation is considered an issuing authority when issuing a certificate of completion pursuant to
section 7 of this Act.
Section 9. That § 23-7-8 be amended to read as follows:
23-7-8. The application for a permit to carry a concealed pistol or an enhanced permit to carry
a concealed pistol shall be filed either electronically or in triplicate on a form prescribed by the
secretary of state. The application shall require the applicant's complete name, address, occupation,
place and date of birth, physical description, a statement that the applicant has never pled guilty to,
nolo contendere to, or been convicted of a crime of violence, a sworn statement that the information
on the application is true and correct, and the applicant's signature. If filed in triplicate, the original
shall be delivered to the applicant as the temporary permit, the duplicate shall within seven days be
sent by first class mail to the secretary of state who shall issue the official permit, and the triplicate
shall be preserved for four years by the authority issuing the permit. If the application is filed
electronically, two copies shall be made and each shall be signed by the applicant. One copy shall
be delivered to the applicant as the temporary permit, and the other copy shall be preserved for four
years by the authority issuing the permit.
Section 10. That § 23-7-8.1 be amended to read as follows:
23-7-8.1. The form of the permit to carry a concealed pistol shall be prescribed by the secretary
of state pursuant to § 23-7-8. The secretary of state shall prescribe the form of the permit to carry a
concealed pistol and the form of the enhanced permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address, and the expiration date of the permit. The
enhanced permit to carry a concealed pistol must clearly designate that the permit is enhanced. The
holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income
from the sale of malt or alcoholic beverages. Nothing in this section prevents law enforcement
officers, parole agents, security guards employed on the premises, and other public officials with the
written permission of the sheriff from carrying concealed weapons in the performance of their duties
or prevents home or business owners from carrying concealed weapons on their property pursuant
to § 22-14-11.
Section 11. If a person's civil rights, including the right to possess a weapon, are restored
pursuant to state law, a person is not prohibited from obtaining a permit to carry a concealed pistol
or an enhanced permit to carry a concealed pistol under state law.
Signed March 13, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\138.wpd
CHAPTER 138
(SB 186)
Revise the execution of a warrant.
ENTITLED, An Act to revise the procedure for the execution of a warrant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-24-16 be amended to read as follows:
23-24-16. The arrest of a person may be lawfully made also by any peace officer or a private
person, without a warrant upon reasonable information that the accused stands charged in the courts
of a state with a crime punishable by death or imprisonment incarceration for a term exceeding one
year or greater, but when so arrested the accused must be taken before a judge or magistrate with all
practicable speed and complaint must be made against him the accused under oath setting forth the
ground for the arrest as in § 23-24-15; and thereafter his the accused's answer shall be heard as if he
the accused had been arrested on a warrant.
Signed March 13, 2015
_______________
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CRIMINAL PROCEDURE
_______________
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CHAPTER 139
(SB 82)
Update language related to domestic abuse.
ENTITLED, An Act to update outdated language related to domestic abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-3-2.1 be amended to read as follows:
23A-3-2.1. Unless the provisions of § 22-18-5 apply, a law enforcement officer shall arrest and
take into custody, pending release on bail, personal recognizance, or court order, any person, without
a warrant, at any time that the opportunity presents itself, if the officer has probable cause to believe
that:
(1) An order has been issued under chapter 25-10 protecting the victim and the terms of the
order prohibiting acts or threats of abuse or excluding the person from a residence have
been violated; or
(2) An order has been issued under chapter 22-19A protecting the victim and the terms of the
order prohibiting acts of stalking or physical injury have been violated; or
(3) The person is eighteen years or older and within the preceding forty-eight hours has
assaulted:
(a) That person's spouse;
(b) That person's former spouse;
(c) The mother or father of that person's child; or
(d) Any person eighteen years of age or older with whom that person resides or has
formerly resided
a person in a relationship as defined in § 25-10-3.1;
and the officer believes
;
(a) An that an aggravated assault has occurred;
(b) An an assault has occurred which has resulted in bodily injury to the victim, whether the
injury is observable by the responding officer or not; or
(c) An
an attempt by physical menace has been made to put another in fear of imminent
serious bodily harm.
Section 2. That § 25-10-35 be amended to read as follows:
25-10-35. If the officer has probable cause to believe that
spouses, former spouses, or other
persons who reside together or formerly resided together persons in a relationship as defined in § 25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall
arrest the person whom the officer believes to be the predominant physical aggressor. In making this
determination, the officer shall make every reasonable effort to consider:
(1) The intent to protect victims of domestic abuse under this chapter;
(2) The comparative extent of injuries inflicted or serious threats creating fear of physical
injury; and
(3) The history of domestic abuse between the persons involved.
Signed March 12, 2015
_______________
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CHAPTER 140
(HB 1134)
The process revised to expunge arrest records.
ENTITLED, An Act to revise certain provisions concerning the expungement of arrest records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-3-27 be amended to read as follows:
23A-3-27. An arrested person may apply to the court that would have jurisdiction over the crime
for which the person was arrested, for entry of an order expunging the record of the arrest:
(1) After one year from the date of any arrest if no accusatory instrument was filed;
(2) With the consent of the prosecuting attorney at any time after After one year from the date
the prosecuting attorney formally dismisses the entire criminal case on the record; or
(3) At any time after an acquittal.
Section 2. That § 23A-3-30 be amended to read as follows:
23A-3-30. The court may enter an order of expungement if satisfied upon a showing by the
defendant or the arrested person by clear and convincing evidence that the ends of justice and the
best interest of the public as well as the defendant or the arrested person will be served by the entry
of the order.
Signed March 12, 2015
_______________
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CHAPTER 141
(SB 15)
Discretionary appeals of illegal sentences allowed.
ENTITLED, An Act to allow for discretionary appeals of illegal sentences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23A-32 be amended by adding thereto a NEW SECTION to read as
follows:
An appeal to the Supreme Court may be taken by the state or the defendant from an order
granting or denying a motion to correct an illegal sentence or an order granting or denying a motion
to correct a sentence imposed in an illegal manner. An appeal under this section is not a matter of
right but of sound judicial discretion. An appeal from an illegal sentence shall be taken in the same
manner as an intermediate appeal pursuant to subdivision 15-26A-3(6).
Signed February 18, 2015
_______________
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Start Included file "Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\142.wpd
CHAPTER 142
(SB 98)
The offender financial accountability system revised.
ENTITLED, An Act to revise the provisions related to the financial accountability system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-47-2 be amended to read as follows:
23A-47-2. A parolee, inmate, or probationer, who is discharged from supervision or has
otherwise satisfied all of the conditions of the sentence but has outstanding, court-ordered financial
obligations, shall be managed by the administrative financial accountability system, as administered
pursuant to § 23A-47-3, in order to satisfy all court-ordered financial obligations.
Section 2. That § 23A-47-3 be amended to read as follows:
23A-47-3. The administrative financial accountability system shall be administered by the
Unified Judicial System pursuant to § 23A-28-3 and shall monitor and track payments and sanctions
within the system.
Section 3. That § 23A-47-4 be amended to read as follows:
23A-47-4. The Supreme Court shall promulgate rules for the collection of outstanding court-ordered financial obligations through the administrative financial accountability system. The rules
shall include a graduated sanctioning grid policy responses to noncompliance and a policy for the
termination or adjustment of the financial obligations.
Section 4. That § 23A-47-6 be amended to read as follows:
23A-47-6. Failure of any individual in this system to comply with the plan of restitution or plan
for financial obligations as approved or modified by the court constitutes a violation of the
conditions of probation within this system. Without limitation, the court may modify the plan of
restitution or financial obligation, extend the period of time for restitution or financial obligation,
or continue the individual in the administrative financial accountability system. If the individual fails
to make payment as ordered by the court, the individual may be held in contempt of the court's order.
Section 5. That § 23A-47-7 be amended to read as follows:
23A-47-7. The original sentencing court shall be the court of competent jurisdiction pursuant to
§ 23A-47-6 for contempt or review hearings, if necessary, as part of the sanctioning grid financial
accountability collections system.
Signed March 12, 2015
_______________
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PENAL INSTITUTION, PROBATION AND PAROLE
_______________
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CHAPTER 143
(SB 78)
Counties or medical providers
may recover inmate health care costs.
ENTITLED, An Act to authorize counties or medical providers to recover inmate health care costs
from insurers.
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:
If an inmate of a county jail requires medical, dental, optometric, chiropractic, or psychiatric care,
the medical provider shall submit the claim for costs of the services to any available insurer, prior
to submitting the claim to the county. If the claim is denied, or no insurer is available, the medical
provider may submit the claim to the county for payment with any applicable proof of denial. If the
county pays the claim, it is entitled to seek payment pursuant to § 24-11-21.
Signed March 10, 2015
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CHAPTER 144
(SB 29)
Auxiliary members to serve on the Board of Pardons and Paroles.
ENTITLED, An Act to establish provisions for auxiliary members to serve on the Board of Pardons
and Paroles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 24-13 be amended by adding thereto a NEW SECTION to read as
follows:
A former member of the Board of Pardons and Paroles is eligible, upon the request of the chair
of the Board of Pardons and Paroles, to serve as an auxiliary member for a period of four years
following the former member's service on the board. An auxiliary member has the same statutory
powers and privileges, unless otherwise excluded pursuant to this Act, as a member of the Board of
Pardons and Paroles. Service as an auxiliary member does not require appointment pursuant to § 24-13-1.
Section 2. That chapter 24-13 be amended by adding thereto a NEW SECTION to read as
follows:
No more than one auxiliary member may serve on a single hearing panel pursuant to § 24-15A-10. No auxiliary member may serve as a hearing officer pursuant to § 24-15A-9.
Section 3. That chapter 24-13 be amended by adding thereto a NEW SECTION to read as
follows:
The Board of Pardons and Paroles may not have more than nine members, including auxiliary
members, conducting a hearing or taking action on a parole or clemency matter.
Section 4. That chapter 24-13 be amended by adding thereto a NEW SECTION to read as
follows:
No auxiliary member may serve as chair of the Board of Pardons and Paroles.
Signed March 10, 2015
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DOMESTIC RELATIONS
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CHAPTER 145
(SB 77)
Nursing mothers may breastfeed in certain locations.
ENTITLED, An Act to allow nursing mothers to breastfeed in certain locations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. A mother may breastfeed her child in any location, public or private, where the mother
and child are otherwise authorized to be present as long as the mother is in compliance with all other
state and municipal laws. However, no municipality may outright ban breast feeding in public places.
Signed February 24, 2015
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CHAPTER 146
(HB 1119)
Adoption proceedings
regarding the adult adoption of biological children.
ENTITLED, An Act to revise certain adoption proceedings regarding the adult adoption of biological
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-6-18 be amended to read as follows:
25-6-18. An adult may adopt another adult by filing a petition requesting such the adoption with
the judge of the circuit court, together with an agreement in writing that the person being adopted
shall be treated in all respects as a natural child of the petitioner. Written consent of the adopted
person shall also be required. It shall be a further prerequisite that the person being adopted shall
have lived in the home of the adoptive parent during his the person's minority for a period of at least
six months, and this fact shall appear in the petition. If the person being adopted is the biological
child of the adoptive parent, the prerequisite of living in the home of the adoptive parent during the
person's minority is waived.
Signed February 26, 2015
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CHAPTER 147
(HB 1068)
Child support cross credit criteria modified.
ENTITLED, An Act to revise when a court can grant a cross credit on child support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-7-6.27 be amended to read as follows:
25-7-6.27. If the parents have agreed in writing to a detailed a custody order by the court,
contains a detailed shared parenting plan which provides that the child will reside no less than one
hundred eighty nights per calendar year in each parent's home, and that the parents will share the
duties and responsibilities of parenting the child and the expenses of the child in proportion to their
incomes, and the shared parenting plan has been incorporated in the custody order, the court may,
if deemed appropriate under the circumstances, grant a cross credit on the amount of the child
support obligation based on the number of nights the child resides with each parent. The shared
parenting child support cross credit shall be calculated as follows:
(1) Multiply the parents' combined child support obligation under the schedule by 1.5 to
establish the parents' combined shared parenting child support obligation;
(2) Multiply the combined shared parenting child support obligation by each parent's
percentage share of the parents' combined net incomes to establish each parent's shared
parenting child support obligation;
(3) Multiply each parent's shared parenting child support obligation by the percentage of
nights the child resides with each parent based on a three hundred sixty-five day calendar
year to establish each parent's prorated shared parenting child support obligation;
(4) Offset the parents' prorated shared parenting child support obligations; and
(5) The parent with the larger prorated shared parenting child support obligation shall pay the
difference between these amounts.
In deciding whether a shared parenting child support cross credit is appropriate, the court shall
consider whether it would have a substantial negative effect on the child's standard of living.
It is presumed that the parenting time is exercised. If the parenting time exercised substantially
deviates from the parenting time ordered, either party may petition the court for a modification of
the support order without showing any other change in circumstances.
Signed February 24, 2015
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CHAPTER 148
(SB 37)
Uniform Interstate Family Support Act adopted.
ENTITLED, An Act to adopt the 2008 Uniform Interstate Family Support Act, to repeal the 1996
Uniform Interstate Family Support Act, and to revise certain provisions relating thereto.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 101. This Act may be cited as the Uniform Interstate Family Support Act.
Section 102. Terms used in this Act mean:
(1) "Child," an individual, whether over or under the age of majority, who is or is alleged to
be owed a duty of support by the individual's parent or who is or is alleged to be the
beneficiary of a support order directed to the parent;
(2) "Child support order," a support order for a child, including a child who has attained the
age of majority under the law of the issuing state or foreign country;
(3) "Convention," the Convention on the International Recovery of Child Support and Other
Forms of Family Maintenance, concluded at The Hague on November 23, 2007;
(4) "Duty of support," an obligation imposed or imposable by law to provide support for a
child, spouse, or former spouse, including an unsatisfied obligation to provide support;
(5) "Foreign country," a country, including a political subdivision thereof, other than the
United States, that authorizes the issuance of support orders and:
(a) Which has been declared under the law of the United States to be a foreign
reciprocating country;
(b) Which has established a reciprocal arrangement for child support with this state
pursuant to section 308 of this Act;
(c) Which has enacted a law or established procedures for the issuance and
enforcement of support orders which are substantially similar to the procedures
pursuant to this Act; or
(d) In which the Convention is in force with respect to the United States;
(6) "Foreign support order," a support order of a foreign tribunal;
(7) "Foreign tribunal," a court, administrative agency, or quasi-judicial entity of a foreign
country which is authorized to establish, enforce, or modify support orders or to determine
parentage of a child. The term includes a competent authority under the Convention;
(8) "Home state," the state or foreign country in which a child lived with a parent or a person
acting as parent for at least six consecutive months immediately preceding the time of
filing of a petition or comparable pleading for support and, if a child is less than six
months old, the state or foreign country in which the child lived from birth with any of
them. A period of temporary absence of any of them is counted as part of the six-month
or other period;
(9) "Income," earnings or other periodic entitlements to money from any source and any other
property subject to withholding for support under the law of this state;
(10) "Income-withholding order," an order or other legal process directed to an obligor's
employer or other debtor, as defined by the income withholding law of this state, to
withhold support from the income of the obligor;
(11) "Initiating tribunal," the tribunal of a state or foreign country from which a petition or
comparable pleading is forwarded or in which a petition or comparable pleading is filed
for forwarding to another state or foreign country;
(12) "Issuing foreign country," the foreign country in which a tribunal issues a support order
or a judgment determining parentage of a child;
(13) "Issuing state," the state in which a tribunal issues a support order or a judgment
determining parentage of a child;
(14) "Issuing tribunal," the tribunal of a state or foreign country that issues a support order or
a judgment determining parentage of a child;
(15) "Law," decisional and statutory law and rules and regulations having the force of law;
(16) "Obligee,":
(a) An individual to whom a duty of support is or is alleged to be owed or in whose
favor a support order or a judgment determining parentage of a child has been
issued;
(b) A foreign country, state, or political subdivision of a state to which the rights under
a duty of support or support order have been assigned or which has independent
claims based on financial assistance provided to an individual obligee in place of
child support;
(c) An individual seeking a judgment determining parentage of the individual's child;
or
(d) A person that is a creditor in a proceeding pursuant to Article 7 of this Act;
(17) "Obligor," an individual, or the estate of a decedent that:
(a) Owes or is alleged to owe a duty of support;
(b) Is alleged but has not been adjudicated to be a parent of a child;
(c) Is liable under a support order; or
(d) Is a debtor in a proceeding pursuant to Article 7 of this Act;
(18) "Outside this state," a location in another state or a country other than the United States,
whether or not the country is a foreign country;
(19) "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;
(20) "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;
(21) "Register," to record in a tribunal of this state a support order or judgment determining
parentage of a child issued in another state or a foreign country;
(22) "Registering tribunal," a tribunal in which a support order or judgment determining
parentage of a child is registered;
(23) "Responding state," a state in which a petition or comparable pleading for support or to
determine parentage of a child is filed or to which a petition or comparable pleading is
forwarded for filing from another state or a foreign country;
(24) "Responding tribunal," the authorized tribunal in a responding state or foreign country;
(25) "Spousal support order," a support order for a spouse or former spouse of the obligor;
(26) "State," a state of the United States, the District of Columbia, Puerto Rico, the United
States Virgin Islands, or any territory or insular possession under the jurisdiction of the
United States. The term includes an Indian nation or tribe;
(27) "Support enforcement agency," a public official, governmental entity, or private agency
authorized to:
(a) Seek enforcement of support orders or laws relating to the duty of support;
(b) Seek establishment or modification of child support;
(c) Request determination of parentage of a child;
(d) Attempt to locate obligors or their assets; or
(e) Request determination of the controlling child support order;
(28) "Support order," a judgment, decree, order, decision, or directive, whether temporary,
final, or subject to modification, issued in a state or foreign country for the benefit of a
child, a spouse, or a former spouse, which provides for monetary support, health care,
arrearages, retroactive support, or reimbursement for financial assistance provided to an
individual obligee in place of child support. The term may include related costs and fees,
interest, income withholding, automatic adjustment, reasonable attorney's fees, and other
relief;
(29) "Tribunal," a court, administrative agency, or quasi-judicial entity authorized to establish,
enforce, or modify support orders or to determine parentage of a child.
Section 103. (a) The Department of Social Services and the Unified Judicial System are the
tribunals of this state.
(b) The Department of Social Services is the support enforcement agency of this state.
Section 104. (a) Remedies provided pursuant to this Act are cumulative and do not affect the
availability of remedies under other law or the recognition of a foreign support order on the basis of
comity.
(b) The provisions of this Act do not:
(1) Provide the exclusive method of establishing or enforcing a support order under the law
of this state; or
(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to
child custody or visitation in a proceeding pursuant to this Act.
Section 105. (a) A tribunal of this state shall apply Articles 1 to 6, inclusive, of this Act, and,
as applicable, Article 7 of this Act, to a support proceeding involving:
(1) A foreign support order;
(2) A foreign tribunal; or
(3) An obligee, obligor, or child residing in a foreign country.
(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis
of comity may apply the procedural and substantive provisions of Articles 1 to 6, inclusive, of this
Act.
(c) Article 7 of this Act applies only to a support proceeding under the Convention. In such a
proceeding, if a provision of Article 7 of this Act is inconsistent with Articles 1 to 6, inclusive, of
this Act, Article 7 of this Act controls.
Section 201. (a) In a proceeding to establish or enforce a support order or to determine parentage
of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual
or the individual's guardian or conservator if:
(1) The individual is personally served with notice within this state;
(2) The individual submits to the jurisdiction of this state by consent in a record, by entering
a general appearance, or by filing a responsive document having the effect of waiving any
contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal expenses or support for the
child;
(5) The child resides in this state as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this state and the child may have been
conceived by that act of intercourse;
(7) The individual asserted parentage of a child in the child support case registry maintained
in this state by the Department of Social Services; or
(8) There is any other basis consistent with the constitutions of this state and the United
States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state
may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support
order of another state unless the requirements of section 611 of this Act are met, or, in the case of
a foreign support order, unless the requirements of section 615 of this Act are met.
Section 202. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this
Act or other law of this state relating to a support order continues as long as a tribunal of this state
has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its
order as provided by sections 205, 206, and 211 of this Act.
Section 203. Pursuant to this Act, a tribunal of this state may serve as an initiating tribunal to
forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings
initiated in another state or a foreign country.
Section 204. (a) A tribunal of this state may exercise jurisdiction to establish a support order if
the petition or comparable pleading is filed after a pleading is filed in another state or a foreign
country only if:
(1) The petition or comparable pleading in this state is filed before the expiration of the time
allowed in the other state or the foreign country for filing a responsive pleading
challenging the exercise of jurisdiction by the other state or the foreign country;
(2) The contesting party timely challenges the exercise of jurisdiction in the other state or the
foreign country; and
(3) If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition
or comparable pleading is filed before a petition or comparable pleading is filed in another state or
a foreign country if:
(1) The petition or comparable pleading in the other state or foreign country is filed before
the expiration of the time allowed in this state for filing a responsive pleading challenging
the exercise of jurisdiction by this state;
(2) The contesting party timely challenges the exercise of jurisdiction in this state; and
(3) If relevant, the other state or foreign country is the home state of the child.
Section 205. (a) A tribunal of this state that has issued a child support order consistent with the
law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support
order if the order is the controlling order and:
(1) At the time of the filing of a request for modification this state is the residence of the
obligor, the individual obligee, or the child for whose benefit the support order is issued;
or
(2) Even if this state is not the residence of the obligor, the individual obligee, or the child
for whose benefit the support order is issued, the parties consent in a record or in open
court that the tribunal of this state may continue to exercise jurisdiction to modify its
order.
(b) A tribunal of this state that has issued a child support order consistent with the law of this
state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) All of the parties who are individuals file consent in a record with the tribunal of this state
that a tribunal of another state that has jurisdiction over at least one of the parties who is
an individual or that is located in the state of residence of the child may modify the order
and assume continuing, exclusive jurisdiction; or
(2) Its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the Uniform
Interstate Family Support Act or a law substantially similar to that Act which modifies a child
support order of a tribunal of this state, tribunals of this state shall recognize the continuing,
exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support
order may serve as an initiating tribunal to request a tribunal of another state to modify a support
order issued in that state.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict
does not create continuing, exclusive jurisdiction in the issuing tribunal.
Section 206. (a) A tribunal of this state that has issued a child support order consistent with the
law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) The order if the order is the controlling order and has not been modified by a tribunal of
another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support
Act; or
(2) A money judgment for arrears of support and interest on the order accrued before a
determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a support order may act as a
responding tribunal to enforce the order.
Section 207. (a) If a proceeding is brought pursuant to this Act and only one tribunal has issued
a child support order, the order of that tribunal controls and must be recognized.
(b) If a proceeding is brought pursuant to this Act, and two or more child support orders have
been issued by tribunals of this state, another state, or a foreign country with regard to the same
obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and
individual obligee shall apply the following rules and by order shall determine which order controls
and must be recognized:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction pursuant to this
Act, the order of that tribunal controls;
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction pursuant
to this Act:
(a) An order issued by a tribunal in the current home state of the child controls; or
(b) If an order has not been issued in the current home state of the child, the order most
recently issued controls;
(3) If none of the tribunals would have continuing, exclusive jurisdiction pursuant to this Act,
the tribunal of this state shall issue a child support order, which controls.
(c) If two or more child support orders have been issued for the same obligor and same child,
upon request of a party who is an individual or that is a support enforcement agency, a tribunal of
this state having personal jurisdiction over both the obligor and the obligee who is an individual shall
determine which order controls under subsection (b). The request may be filed with a registration
for enforcement or registration for modification pursuant to Article 6 of this Act, or may be filed as
a separate proceeding.
(d) A request to determine which is the controlling order must be accompanied by a copy of
every child support order in effect and the applicable record of payments. The requesting party shall
give notice of the request to each party whose rights may be affected by the determination.
(e) The tribunal that issued the controlling order under subsection (a), (b), or (c) has continuing
jurisdiction to the extent provided in section 205 or 206 of this Act.
(f) A tribunal of this state that determines by order which is the controlling order under
subsection (b)(1) or (2) or (c), or that issues a new controlling order pursuant to subsection (b)(3),
shall state in that order:
(1) The basis upon which the tribunal made its determination;
(2) The amount of prospective support, if any; and
(3) The total amount of consolidated arrears and accrued interest, if any, under all of the
orders after all payments made are credited pursuant to section 209 of this Act.
(g) Within thirty days after issuance of an order determining which is the controlling order, the
party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an
earlier order of child support. A party or support enforcement agency obtaining the order that fails
to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure
to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
(h) An order that has been determined to be the controlling order, or a judgment for consolidated
arrears of support and interest, if any, made pursuant to this section must be recognized in
proceedings pursuant to this Act.
Section 208. In responding to registrations or petitions for enforcement of two or more child
support orders in effect at the same time with regard to the same obligor and different individual
obligees, at least one of which was issued by a tribunal of another state or a foreign country, a
tribunal of this state shall enforce those orders in the same manner as if the orders had been issued
by a tribunal of this state.
Section 209. A tribunal of this state shall credit amounts collected for a particular period pursuant
to any child support order against the amounts owed for the same period under any other child
support order for support of the same child issued by a tribunal of this state, another state, or a
foreign country.
Section 210. A tribunal of this state exercising personal jurisdiction over a nonresident in a
proceeding pursuant to this Act, under other law of this state relating to a support order, or
recognizing a foreign support order may receive evidence from outside this state pursuant to section
316 of this Act, communicate with a tribunal outside this state pursuant to section 317 of this Act,
and obtain discovery through a tribunal outside this state pursuant to section 318 of this Act. In all
other respects, Articles 3 to 6, inclusive, of this Act do not apply, and the tribunal shall apply the
procedural and substantive law of this state.
Section 211. (a) A tribunal of this state issuing a spousal support order consistent with the law
of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout
the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another
state or a foreign country having continuing, exclusive jurisdiction over that order under the law of
that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order
may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support
order issued in this state; or
(2) A responding tribunal to enforce or modify its own spousal support order.
Section 301. (a) Except as otherwise provided in this Act, this Article applies to all proceedings
pursuant to this Act.
(b) An individual petitioner or a support enforcement agency may initiate a proceeding
authorized pursuant to this Act by filing a petition in an initiating tribunal for forwarding to a
responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another
state or a foreign country which has or can obtain personal jurisdiction over the respondent.
Section 302. A minor parent, or a guardian or other legal representative of a minor parent, may
maintain a proceeding on behalf of or for the benefit of the minor's child.
Section 303. Except as otherwise provided in this Act, a responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally applicable to similar proceedings
originating in this state and may exercise all powers and provide all remedies available
in those proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law and
support guidelines of this state.
Section 304. (a) Upon the filing of a petition authorized pursuant to this Act, an initiating tribunal
of this state shall forward the petition and its accompanying documents:
(1) To the responding tribunal or appropriate support enforcement agency in the responding
state; or
(2) If the identity of the responding tribunal is unknown, to the state information agency of
the responding state with a request that they be forwarded to the appropriate tribunal and
that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other
document and make findings required by the law of the responding state. If the responding tribunal
is in a foreign country, upon request the tribunal of this state shall specify the amount of support
sought, convert that amount into the equivalent amount in the foreign currency under applicable
official or market exchange rate as publicly reported, and provide any other documents necessary to
satisfy the requirements of the responding foreign tribunal.
Section 305. (a) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to section 301(b) of this Act, it shall cause
the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or
more of the following:
(1) Establish or enforce a support order, modify a child support order, determine the
controlling child support order, or determine parentage of a child;
(2) Order an obligor to comply with a support order, specifying the amount and the manner
of compliance;
(3) Order income withholding;
(4) Determine the amount of any arrearages, and specify a method of payment;
(5) Enforce orders by civil or criminal contempt, or both;
(6) Set aside property for satisfaction of the support order;
(7) Place liens and order execution on the obligor's property;
(8) Order an obligor to keep the tribunal informed of the obligor's current residential address,
electronic-mail address, telephone number, employer, address of employment, and
telephone number at the place of employment;
(9) Issue a bench warrant for an obligor who has failed after proper notice to appear at a
hearing ordered by the tribunal and enter the bench warrant in any local and state
computer systems for criminal warrants;
(10) Order the obligor to seek appropriate employment by specified methods;
(11) Award reasonable attorney's fees and other fees and costs; and
(12) Grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued pursuant to this Act,
or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support order issued
pursuant to this Act upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order pursuant to this Act, the tribunal shall
send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated
in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign
currency to the equivalent amount in dollars under the applicable official or market exchange rate
as publicly reported.
Section 306. If a petition or comparable pleading is received by an inappropriate tribunal of this
state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal
of this state or another state and notify the petitioner where and when the pleading was sent.
Section 307. (a) In a proceeding pursuant to this Act, a support enforcement agency of this state,
upon request:
(1) Shall provide services to a petitioner residing in a state;
(2) Shall provide services to a petitioner requesting services through a central authority of a
foreign country as described in section 102(5)(a) or (d) of this Act; and
(3) May provide services to a petitioner who is an individual not residing in a state.
(b) A support enforcement agency of this state that is providing services to the petitioner shall:
(1) Take all steps necessary to enable an appropriate tribunal of this state, another state, or
a foreign country to obtain jurisdiction over the respondent;
(2) Request an appropriate tribunal to set a date, time, and place for a hearing;
(3) Make a reasonable effort to obtain all relevant information, including information as to
income and property of the parties;
(4) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of
notice in a record from an initiating, responding, or registering tribunal, send a copy of
the notice to the petitioner;
(5) Within two days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of
communication in a record from the respondent or the respondent's attorney, send a copy
of the communication to the petitioner; and
(6) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of this state that requests registration of a child support order
in this state for enforcement or for modification shall make reasonable efforts:
(1) To ensure that the order to be registered is the controlling order; or
(2) If two or more child support orders exist and the identity of the controlling order has not
been determined, to ensure that a request for such a determination is made in a tribunal
having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement of a
support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in
the foreign currency into the equivalent amounts in dollars under the applicable official or market
exchange rate as publicly reported.
(e) A support enforcement agency of this state shall issue or request a tribunal of this state to
issue a child support order and an income withholding order that redirect payment of current support,
arrears, and interest if requested to do so by a support enforcement agency of another state pursuant
to section 319 of this Act.
(f) The provisions of this Act do not create or negate a relationship of attorney and client or other
fiduciary relationship between a support enforcement agency or the attorney for the agency and the
individual being assisted by the agency.
Section 308. (a) If the attorney general determines that the support enforcement agency is
neglecting or refusing to provide services to an individual, the attorney general may order the agency
to perform its duties pursuant to this Act or may provide those services directly to the individual.
(b) The attorney general may determine that a foreign country has established a reciprocal
arrangement for child support with this state and take appropriate action for notification of the
determination.
Section 309. An individual may employ private counsel to represent the individual in
proceedings authorized by this Act.
Section 310. (a) The Department of Social Services is the state information agency pursuant to
this Act.
(b) The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in this state
which have jurisdiction under this act and any support enforcement agencies in this state
and transmit a copy to the state information agency of every other state;
(2) Maintain a register of names and addresses of tribunals and support enforcement agencies
received from other states;
(3) Forward to the appropriate tribunal in the county in this state in which the obligee who
is an individual or the obligor resides, or in which the obligor's property is believed to be
located, all documents concerning a proceeding pursuant to this Act received from another
state or a foreign country; and
(4) Obtain information concerning the location of the obligor and the obligor's property
within this state not exempt from execution, by such means as postal verification and
federal or state locator services, examination of telephone directories, requests for the
obligor's address from employers, and examination of governmental records, including,
to the extent not prohibited by other law, those relating to real property, vital statistics,
law enforcement, taxation, motor vehicles, driver's licenses, and social security.
Section 311. (a) In a proceeding pursuant to this Act, a petitioner seeking to establish a support
order, to determine parentage of a child, or to register and modify a support order of a tribunal of
another state or a foreign country must file a petition. Unless otherwise ordered pursuant to section
312 of this Act, the petition or accompanying documents must provide, so far as known, the name,
residential address, and social security numbers of the obligor and the obligee or the parent and
alleged parent, and the name, sex, residential address, social security number, and date of birth of
each child for whose benefit support is sought or whose parentage is to be determined. Unless filed
at the time of registration, the petition must be accompanied by a copy of any support order known
to have been issued by another tribunal. The petition may include any other information that may
assist in locating or identifying the respondent.
(b) The petition must specify the relief sought. The petition and accompanying documents must
conform substantially with the requirements imposed by the forms mandated by federal law for use
in cases filed by a support enforcement agency.
Section 312. If a party alleges in an affidavit or a pleading under oath that the health, safety, or
liberty of a party or child would be jeopardized by disclosure of specific identifying information, that
information must be sealed and may not be disclosed to the other party or the public. After a hearing
in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the
tribunal may order disclosure of information that the tribunal determines to be in the interest of
justice.
Section 313. (a) The petitioner may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing
fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses
incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or
expenses against the obligee or the support enforcement agency of either the initiating or responding
state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and
may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name.
Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines
that a hearing was requested primarily for delay. In a proceeding pursuant to Article 6 of this Act,
a hearing is presumed to have been requested primarily for delay if a registered support order is
confirmed or enforced without change.
Section 314. (a) Participation by a petitioner in a proceeding pursuant to this Act before a
responding tribunal, whether in person, by private attorney, or through services provided by the
support enforcement agency, does not confer personal jurisdiction over the petitioner in another
proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state
to participate in a proceeding pursuant to this Act.
(c) The immunity granted by this section does not extend to civil litigation based on acts
unrelated to a proceeding pursuant to this Act committed by a party while physically present in this
state to participate in the proceeding.
Section 315. A party whose parentage of a child has been previously determined by or pursuant
to law may not plead nonparentage as a defense to a proceeding pursuant to this Act.
Section 316. (a) The physical presence of a nonresident party who is an individual in a tribunal
of this state is not required for the establishment, enforcement, or modification of a support order
or the rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms, or a
document incorporated by reference in any of them, which would not be excluded under the hearsay
rule if given in person, is admissible in evidence if given under penalty of perjury by a party or
witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the original by the
custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care
of the mother and child, furnished to the adverse party at least ten days before trial, are admissible
in evidence to prove the amount of the charges billed and that the charges were reasonable,
necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this state by
telephone, telecopier, or other electronic means that do not provide an original record may not be
excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding pursuant to this Act, a tribunal of this state shall permit a party or witness
residing outside this state to be deposed or to testify under penalty of perjury by telephone,
audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal
of this state shall cooperate with other tribunals in designating an appropriate location for the
deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony
may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a
proceeding pursuant to this Act.
(i) The defense of immunity based on the relationship of husband and wife or parent and child
does not apply in a proceeding pursuant to this Act.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish
parentage of the child.
Section 317. A tribunal of this state may communicate with a tribunal outside this state in a
record or by telephone, electronic mail, or other means, to obtain information concerning the laws,
the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A
tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
Section 318. A tribunal of this state may:
(1) Request a tribunal outside this state to assist in obtaining discovery; and
(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery
order issued by a tribunal outside this state.
Section 319. (a) A support enforcement agency or tribunal of this state shall disburse promptly
any amounts received pursuant to a support order, as directed by the order. The agency or tribunal
shall furnish to a requesting party or tribunal of another state or a foreign country a certified
statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state,
upon request from the support enforcement agency of this state or another state, the support
enforcement agency of this state or a tribunal of this state shall:
(1) Direct that the support payment be made to the support enforcement agency in the state
in which the obligee is receiving services; and
(2) Issue and send to the obligor's employer a conforming income withholding order or an
administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from another state
pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other
state a certified statement by the custodian of the record of the amount and dates of all payments
received.
Section 401. (a) If a support order entitled to recognition pursuant to this Act has not been issued,
a responding tribunal of this state with personal jurisdiction over the parties may issue a support
order if:
(1) The individual seeking the order resides outside this state; or
(2) The support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that such
an order is appropriate and the individual ordered to pay is:
(1) A presumed father of the child;
(2) Petitioning to have his paternity adjudicated;
(3) Identified as the father of the child through genetic testing;
(4) An alleged father who has declined to submit to genetic testing;
(5) Shown by clear and convincing evidence to be the father of the child;
(6) An acknowledged father as provided by applicable state law;
(7) The mother of the child; or
(8) An individual who has been ordered to pay child support in a previous proceeding and the
order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support,
the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant
to section 305 of this Act.
Section 402. A tribunal of this state authorized to determine parentage of a child may serve as
a responding tribunal in a proceeding to determine parentage of a child brought pursuant to this Act
or a law or procedure substantially similar to this Act.
Section 501. An income withholding order issued in another state may be sent by or on behalf
of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer
under the income withholding law of this state without first filing a petition or comparable pleading
or registering the order with a tribunal of this state.
Section 502. (a) Upon receipt of an income withholding order, the obligor's employer shall
immediately provide a copy of the order to the obligor.
(b) The employer shall treat an income withholding order issued in another state which appears
regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) and section 503 of this Act, the employer shall
withhold and distribute the funds as directed in the withholding order by complying with terms of
the order which specify:
(1) The duration and amount of periodic payments of current child support, stated as a sum
certain;
(2) The person designated to receive payments and the address to which the payments are to
be forwarded;
(3) Medical support, whether in the form of periodic cash payment, stated as a sum certain,
or ordering the obligor to provide health insurance coverage for the child under a policy
available through the obligor's employment;
(4) The amount of periodic payments of fees and costs for a support enforcement agency, the
issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums
certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of
employment for withholding from income with respect to:
(1) The employer's fee for processing an income withholding order;
(2) The maximum amount permitted to be withheld from the obligor's income; and
(3) The times within which the employer must implement the withholding order and forward
the child support payment.
Section 503. If an obligor's employer receives two or more income withholding orders with
respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the
employer complies with the law of the state of the obligor's principal place of employment to
establish the priorities for withholding and allocating income withheld for two or more child support
obligees.
Section 504. An employer that complies with an income withholding order issued in another state
in accordance with this article is not subject to civil liability to an individual or agency with regard
to the employer's withholding of child support from the obligor's income.
Section 505. An employer that willfully fails to comply with an income withholding order issued
in another state and received for enforcement is subject to the same penalties that may be imposed
for noncompliance with an order issued by a tribunal of this state.
Section 506. (a) An obligor may contest the validity or enforcement of an income withholding
order issued in another state and received directly by an employer in this state by registering the
order in a tribunal of this state and filing a contest to that order as provided in Article 6 of this Act,
or otherwise contesting the order in the same manner as if the order had been issued by a tribunal
of this state.
(b) The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) Each employer that has directly received an income withholding order relating to the
obligor; and
(3) The person designated to receive payments in the income withholding order or, if no
person is designated, to the obligee.
Section 507. (a) A party or support enforcement agency seeking to enforce a support order or an
income withholding order, or both, issued in another state or a foreign support order may send the
documents required for registering the order to a support enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to
register the order, shall consider and, if appropriate, use any administrative procedure authorized by
the law of this state to enforce a support order or an income withholding order, or both. If the obligor
does not contest administrative enforcement, the order need not be registered. If the obligor contests
the validity or administrative enforcement of the order, the support enforcement agency shall register
the order pursuant to this Act.
Section 601. A support order or income withholding order issued in another state or a foreign
support order may be registered in this state for enforcement.
Section 602. (a) Except as otherwise provided in section 706 of this Act, a support order or
income withholding order of another state or a foreign support order may be registered in this state
by sending the following records to the appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) Two copies, including one certified copy, of the order to be registered, including any
modification of the order;
(3) A sworn statement by the person requesting registration or a certified statement by the
custodian of the records showing the amount of any arrearage;
(4) The name of the obligor and, if known:
(a) The obligor's address and social security number;
(b) The name and address of the obligor's employer and any other source of income of
the obligor; and
(c) A description and the location of property of the obligor in this state not exempt
from execution; and
(5) Except as otherwise provided in section 312 of this Act, the name and address of the
obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed
as an order of a tribunal of another state or a foreign support order, together with one copy of the
documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under
other law of this state may be filed at the same time as the request for registration or later. The
pleading must specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition
to the documents specified in this section;
(2) Specify the order alleged to be the controlling order, if any; and
(3) Specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with
a request for registration and enforcement or for registration and modification. The person requesting
registration shall give notice of the request to each party whose rights may be affected by the
determination.
Section 603. (a) A support order or income withholding order issued in another state or a foreign
support order is registered when the order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country is enforceable in the
same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in this Act, a tribunal of this state shall recognize and enforce,
but may not modify, a registered support order if the issuing tribunal had jurisdiction.
Section 604. (a) Except as otherwise provided in subsection (d), the law of the issuing state or
foreign country governs:
(1) The nature, extent, amount, and duration of current payments under a registered support
order;
(2) The computation and payment of arrearages and accrual of interest on the arrearages
under the support order; and
(3) The existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this
state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to
enforce current support and collect arrears and interest due on a support order of another state or a
foreign country registered in this state.
(d) After a tribunal of this state or another state determines which is the controlling order and
issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law
of the state or foreign country issuing the controlling order, including its law on interest on arrears,
on current and future support, and on consolidated arrears.
Section 605. (a) When a support order or income withholding order issued in another state or a
foreign support order is registered, the registering tribunal of this state shall notify the nonregistering
party. The notice must be accompanied by a copy of the registered order and the documents and
relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) That a registered support order is enforceable as of the date of registration in the same
manner as an order issued by a tribunal of this state;
(2) That a hearing to contest the validity or enforcement of the registered order must be
requested within twenty days after notice unless the registered order is pursuant to section
707 of this Act;
(3) That failure to contest the validity or enforcement of the registered order in a timely
manner will result in confirmation of the order and enforcement of the order and the
alleged arrearages; and
(4) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice must also:
(1) Identify the two or more orders and the order alleged by the registering party to be the
controlling order and the consolidated arrears, if any;
(2) Notify the nonregistering party of the right to a determination of which is the controlling
order;
(3) State that the procedures provided in subsection (b) apply to the determination of which
is the controlling order; and
(4) State that failure to contest the validity or enforcement of the order alleged to be the
controlling order in a timely manner may result in confirmation that the order is the
controlling order.
(d) Upon registration of an income withholding order for enforcement, the support enforcement
agency or the registering tribunal shall notify the obligor's employer pursuant to the income
withholding law of this state.
Section 606. (a) A nonregistering party seeking to contest the validity or enforcement of a
registered support order in this state shall request a hearing within the time required pursuant to
section 605 of this Act. The nonregistering party may seek to vacate the registration, to assert any
defense to an allegation of noncompliance with the registered order, or to contest the remedies being
sought or the amount of any alleged arrearages pursuant to section 607 of this Act.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support
order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the
registered support order, the registering tribunal shall schedule the matter for hearing and give notice
to the parties of the date, time, and place of the hearing.
Section 607. (a) A party contesting the validity or enforcement of a registered support order or
seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) The order was obtained by fraud;
(3) The order has been vacated, suspended, or modified by a later order;
(4) The issuing tribunal has stayed the order pending appeal;
(5) There is a defense under the law of this state to the remedy sought;
(6) Full or partial payment has been made;
(7) The statute of limitation pursuant to section 604 of this Act precludes enforcement of
some or all of the alleged arrearages; or
(8) The alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a
tribunal may stay enforcement of a registered support order, continue the proceeding to permit
production of additional relevant evidence, and issue other appropriate orders. An uncontested
portion of the registered support order may be enforced by all remedies available under the law of
this state.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or
enforcement of a registered support order, the registering tribunal shall issue an order confirming the
order.
Section 608. Confirmation of a registered support order, whether by operation of law or after
notice and hearing, precludes further contest of the order with respect to any matter that could have
been asserted at the time of registration.
Section 609. A party or support enforcement agency seeking to modify, or to modify and enforce,
a child support order issued in another state shall register that order in this state in the same manner
provided in sections 601 to 608, inclusive, of this Act, if the order has not been registered. A petition
for modification may be filed at the same time as a request for registration, or later. The pleading
must specify the grounds for modification.
Section 610. A tribunal of this state may enforce a child support order of another state registered
for purposes of modification, in the same manner as if the order had been issued by a tribunal of this
state, but the registered support order may be modified only if the requirements of section 611 or 613
of this Act have been met.
Section 611. (a) If the provisions of section 613 of this Act do not apply, upon petition a tribunal
of this state may modify a child support order issued in another state which is registered in this state
if, after notice and hearing, the tribunal finds that:
(1) The following requirements are met:
(a) Neither the child, nor the obligee who is an individual, nor the obligor resides in
the issuing state;
(b) A petitioner who is a nonresident of this state seeks modification; and
(c) The respondent is subject to the personal jurisdiction of the tribunal of this state;
or
(2) This state is the residence of the child, or a party who is an individual is subject to the
personal jurisdiction of the tribunal of this state, and all of the parties who are individuals
have filed consents in a record in the issuing tribunal for a tribunal of this state to modify
the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements,
procedures, and defenses that apply to the modification of an order issued by a tribunal of this state
and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child support order that may not be
modified under the law of the issuing state, including the duration of the obligation of support. If two
or more tribunals have issued child support orders for the same obligor and same child, the order that
controls and must be so recognized pursuant to section 207 of this Act establishes the aspects of the
support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have
issued the initial controlling order governs the duration of the obligation of support. The obligor's
fulfillment of the duty of support established by that order precludes imposition of a further
obligation of support by a tribunal of this state.
(e) On the issuance of an order by a tribunal of this state modifying a child support order issued
in another state, the tribunal of this state becomes the tribunal having continuing, exclusive
jurisdiction.
(f) Notwithstanding subsections (a) through (e) and section 201(b) of this Act, a tribunal of this
state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) One party resides in another state; and
(2) The other party resides outside the United States.
Section 612. If a child support order issued by a tribunal of this state is modified by a tribunal
of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act,
a tribunal of this state:
(1) May enforce its order that was modified only as to arrears and interest accruing before the
modification;
(2) May provide appropriate relief for violations of its order which occurred before the
effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose
of enforcement.
Section 613. (a) If all of the parties who are individuals reside in this state and the child does not
reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing
state's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction pursuant to this section shall apply the
provisions of Articles 1 and 2 of this Act, this article, and the procedural and substantive law of this
state to the proceeding for enforcement or modification. The provisions of Articles 3, 4, 5, 7, and 8
of this Act do not apply.
Section 614. Within thirty days after issuance of a modified child support order, the party
obtaining the modification shall file a certified copy of the order with the issuing tribunal that had
continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party
knows the earlier order has been registered. A party who obtains the order and fails to file a certified
copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The
failure to file does not affect the validity or enforceability of the modified order of the new tribunal
having continuing, exclusive jurisdiction.
Section 615. (a) Except as otherwise provided in section 711 of this Act, if a foreign country
lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a
tribunal of this state may assume jurisdiction to modify the child support order and bind all
individuals subject to the personal jurisdiction of the tribunal whether the consent to modification
of a child support order otherwise required of the individual pursuant to section 611 of this Act has
been given or whether the individual seeking modification is a resident of this state or of the foreign
country.
(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant
to this section is the controlling order.
Section 616. A party or support enforcement agency seeking to modify, or to modify and enforce,
a foreign child support order not under the Convention may register that order in this state pursuant
to sections 601 to 608, inclusive, of this Act, if the order has not been registered. A petition for
modification may be filed at the same time as a request for registration, or at another time. The
petition must specify the grounds for modification.
Section 701. Terms used In this Article mean:
(1) "Application," a request under the Convention by an obligee or obligor, or on behalf of
a child, made through a central authority for assistance from another central authority;
(2) "Central authority," the entity designated by the United States or a foreign country
described in section 102(5)(d) of this Act to perform the functions specified in the
Convention;
(3) "Convention support order," a support order of a tribunal of a foreign country described
in section 102(5)(d) of this Act;
(4) "Direct request," a petition filed by an individual in a tribunal of this state in a proceeding
involving an obligee, obligor, or child residing outside the United States;
(5) "Foreign central authority," the entity designated by a foreign country described in section
102(5)(d) of this Act to perform the functions specified in the Convention;
(6) "Foreign support agreement,":
(a) An agreement for support in a record that:
(i) Is enforceable as a support order in the country of origin;
(ii) Has been:
(I) Formally drawn up or registered as an authentic instrument by a
foreign tribunal; or
(II) Authenticated by, or concluded, registered, or filed with a foreign
tribunal; and
(iii) May be reviewed and modified by a foreign tribunal; and
(b) Includes a maintenance arrangement or authentic instrument under the Convention;
(7) "United States central authority," the Secretary of the United States Department of Health
and Human Services.
Section 702. The provisions of this Article apply only to a support proceeding under the
Convention. In such a proceeding, if a provision of this Article is inconsistent with Articles 1 to 6,
inclusive, of this Act, this Article controls.
Section 703. The Department of Social Services of this state is recognized as the agency
designated by the United States central authority to perform specific functions under the Convention.
Section 704. (a) In a support proceeding pursuant to this Article, the Department of Social
Services of this state shall:
(1) Transmit and receive applications; and
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal
of this state.
(b) The following support proceedings are available to an obligee under the Convention:
(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this state;
(3) Establishment of a support order if there is no existing order, including, if necessary,
determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused
pursuant to section 708(b)(2), (4), or (9) of this Act;
(5) Modification of a support order of a tribunal of this state; and
(6) Modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against
which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order
of a tribunal of this state;
(2) Modification of a support order of a tribunal of this state; and
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond, or deposit, however described, to
guarantee the payment of costs and expenses in proceedings under the Convention.
Section 705. (a) A petitioner may file a direct request seeking establishment or modification of
a support order or determination of parentage of a child. In the proceeding, the law of this state
applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order
or support agreement. In the proceeding, sections 706 to 713, inclusive, of this Act, apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign
support agreement:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and
expenses; and
(2) An obligee or obligor that in the issuing country has benefited from free legal assistance
is entitled to benefit, at least to the same extent, from any free legal assistance provided
for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the Department of Social
Services.
(e) This Article does not prevent the application of laws of this state that provide simplified,
more expeditious rules regarding a direct request for recognition and enforcement of a foreign
support order or foreign support agreement.
Section 706. (a) Except as otherwise provided in this Article, a party who is an individual or a
support enforcement agency seeking recognition of a Convention support order shall register the
order in this state as provided pursuant to Article 6 of this Act.
(b) Notwithstanding sections 311 and 602(a) of this Act, a request for registration of a
Convention support order must be accompanied by:
(1) A complete text of the support order or an abstract or extract of the support order drawn
up by the issuing foreign tribunal, which may be in the form recommended by the Hague
Conference on Private International Law;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing
country, a record attesting, as appropriate, either that the respondent had proper notice of
the proceedings and an opportunity to be heard or that the respondent had proper notice
of the support order and an opportunity to be heard in a challenge or appeal on fact or law
before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if
any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal
assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial
enforcement of the order.
(d) A tribunal of this state may vacate the registration of a Convention support order without the
filing of a contest pursuant to section 707 of this Act only if, acting on its own motion, the tribunal
finds that recognition and enforcement of the order would be manifestly incompatible with public
policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the
registration of a Convention support order.
Section 707. (a) Except as otherwise provided in this Article, sections 605 to 608, inclusive, of
this Act apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than
thirty days after notice of the registration, but if the contesting party does not reside in the United
States, the contest must be filed not later than sixty days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time
specified in subsection (b), the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth
in section 708 of this Act. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this state:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) May not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered Convention support order shall
promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order
unless there are exceptional circumstances.
Section 708. (a) Except as otherwise provided in subsection (b), a tribunal of this state shall
recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of this state may refuse
recognition and enforcement of a registered Convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy,
including the failure of the issuing tribunal to observe minimum standards of due process,
which include notice and an opportunity to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with section 201 of this Act;
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of procedure;
(5) A record transmitted pursuant to section 706 of this Act lacks authenticity or integrity;
(6) A proceeding between the same parties and having the same purpose is pending before
a tribunal of this state and that proceeding was the first to be filed;
(7) The order is incompatible with a more recent support order involving the same parties and
having the same purpose if the more recent support order is entitled to recognition and
enforcement pursuant to this Act in this state;
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding
in the issuing foreign country:
(a) If the law of that country provides for prior notice of proceedings, the respondent
did not have proper notice of the proceedings and an opportunity to be heard; or
(b) If the law of that country does not provide for prior notice of the proceedings, the
respondent did not have proper notice of the order and an opportunity to be heard
in a challenge or appeal on fact or law before a tribunal; or
(10) The order was made in violation of section 711 of this Act.
(c) If a tribunal of this state does not recognize a Convention support order under subsection
(b)(2), (4), or (9):
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a
party to request the establishment of a new Convention support order; and
(2) The Department of Social Services shall take all appropriate measures to request a child
support order for the obligee if the application for recognition and enforcement was
received pursuant to section 704 of this Act.
Section 709. If a tribunal of this state does not recognize and enforce a Convention support order
in its entirety, it shall enforce any severable part of the order. An application or direct request may
seek recognition and partial enforcement of a Convention support order.
Section 710. (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state
shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support
agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and
(2) A record stating that the foreign support agreement is enforceable as an order of support
in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if,
acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly
incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and
enforcement of the agreement if it finds:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public
policy;
(2) The agreement was obtained by fraud or falsification;
(3) The agreement is incompatible with a support order involving the same parties and having
the same purpose in this state, another state, or a foreign country if the support order is
entitled to recognition and enforcement pursuant to this Act in this state; or
(4) The record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be
suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of
another state or a foreign country.
Section 711. (a) A tribunal of this state may not modify a Convention child support order if the
obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by
defending on the merits of the case without objecting to the jurisdiction at the first
available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order
or issue a new support order.
(b) If a tribunal of this state does not modify a Convention child support order because the order
is not recognized in this state, section 708(c) of this Act applies.
Section 712. Personal information gathered or transmitted under this article may be used only
for the purposes for which it was gathered or transmitted.
Section 713. A record filed with a tribunal of this state under this Article must be in the original
language and, if not in English, must be accompanied by an English translation.
Section 801. (a) For purposes of this Article, Governor, includes an individual performing the
functions of Governor or the executive authority of a state covered by this Act.
(b) The Governor of this state may:
(1) Demand that the Governor of another state surrender an individual found in the other state
who is charged criminally in this state with having failed to provide for the support of an
obligee; or
(2) On the demand of the Governor of another state, surrender an individual found in this
state who is charged criminally in the other state with having failed to provide for the
support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this Act applies to the demand
even if the individual whose surrender is demanded was not in the demanding state when the crime
was allegedly committed and has not fled therefrom.
Section 802. (a) Before making a demand that the Governor of another state surrender an
individual charged criminally in this state with having failed to provide for the support of an obligee,
the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty days
previously the obligee had initiated proceedings for support pursuant to this Act or that the
proceeding would be of no avail.
(b) If, pursuant to this Act or a law substantially similar to this Act, the Governor of another state
makes a demand that the Governor of this state surrender an individual charged criminally in that
state with having failed to provide for the support of a child or other individual to whom a duty of
support is owed, the Governor may require a prosecutor to investigate the demand and report
whether a proceeding for support has been initiated or would be effective. If it appears that a
proceeding would be effective but has not been initiated, the Governor may delay honoring the
demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded
prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual
whose rendition is demanded is subject to a support order, the Governor may decline to honor the
demand if the individual is complying with the support order.
Section 901. 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 states that enact it.
Section 902. The provisions of this Act apply to proceedings begun on or after the effective date
of this Act to establish a support order or determine parentage of a child or to register, recognize,
enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
Section 903. If any provision of this Act or its application to any person or circumstance is held
invalid, the invalidity does not affect other provisions or applications of this Act which can be given
effect without the invalid provision or application, and to this end the provisions of this Act are
severable.
Section 79. That § 25-4B-310 be amended to read as follows:
25-4B-310. If a court has issued an order granting caretaking authority under this Article, or an
agreement granting caretaking authority has been executed under pursuant to Article 2 of this Act,
the court may enter a temporary order for child support consistent with law of this state other than
this chapter if the court has jurisdiction under chapter 25-9B pursuant to sections 101 to 903,
inclusive, of this Act.
Section 80. That § 25-7A-22 be amended to read as follows:
25-7A-22. If the support order was entered in this state and this state maintains continuing
exclusive jurisdiction over the support order in accordance with chapter 25-9B pursuant to sections
101 to 903, inclusive, of this Act, or if the support order was registered in this state and the
requirements of § 25-9B-611 or 25-9B-613 section 611 or 613 of this Act are satisfied, an obligor,
an obligee, or the assignee may file a petition, on forms prescribed by the department, to increase
or decrease child support. For any support order entered or modified after July 1, 1997:
(1) The order may be modified upon showing a substantial change in circumstances if the
petition is filed within three years of the date of the order; or
(2) The order may be modified without showing any change in circumstances if the petition
is filed after three years of the date of the order.
If a petition is filed, the secretary of social services shall file the petition in the office of the clerk
of the circuit court where the original order for support is filed. Any response shall also be provided
to the petitioning party. The matter shall be set for hearing before a referee who is a member in good
standing of the State Bar Association and is appointed by the court, pursuant to statute, and after due
notice to all parties by first class mail. The referee shall make a report to the court, recommending
the amount of the monthly support obligation of the parent and for medical support.
The referee shall file the report with the court and cause copies thereof to be served by mailing
to the parties and the secretary. Any party shall have ten days from the date of service of the report
in which to file objections to the report. If a party files an objection, the other party shall have an
additional five days from the date of service of the objections to file additional objections. If no
objection is filed, the circuit court may thereafter, and without further notice, enter its order. If any
objection is filed, the circuit court shall fix a date for hearing on the report, the hearing to be solely
on the record established before the referee. The circuit court may thereafter adopt the referee's
report, or may modify it, or may reject and remand it with instructions or for further hearing. The
secretary shall serve the parent the court's order by certified mail, return receipt requested, at the
parent's last known address, and shall file proof of service.
If the circuit court's order modifies the referee's report and no hearing was held before the circuit
court before entry of its order, any party has ten days from the date of service of the order in which
to file an objection to that modification. If an objection is filed, the circuit court shall fix a date for
hearing on the objection and after the hearing shall enter its order. The secretary shall serve the order
by certified mail, return receipt requested, at the parent's last known address, and shall file proof of
service.
Section 81. That § 25-7A-56.7 be amended to read as follows:
25-7A-56.7. Upon entry of an order for support, each party to any paternity or child support
proceeding shall file with the appropriate tribunals as defined in § 25-9B-101 section 102 of this Act
a written statement specifying the party's name, social security number, residential and mailing
address, telephone number, driver's license number, and the name, address, and telephone number
of any current employers. A tribunal may not accept for filing any order for support unless and until
the written statement is provided by each party. The tribunal shall forward the written statement to
the state case registry. If the required information is unavailable, the order for support may be filed
with the tribunal providing the trial judge certifies in writing on the order that the required
information is unavailable. Each party subject to an order for support shall also notify the appropriate
tribunals of any changes to this information, as necessary.
In any subsequent child support enforcement or modification action between the parties, and
upon sufficient showing that diligent efforts have been made to ascertain the location of a party, the
tribunal shall deem due process requirements for notice and service of process satisfied by delivering
written notice to the most recent residential or employer address on file with the tribunal.
Section 82. That § 25-7A-56.8 be amended to read as follows:
25-7A-56.8. Any tribunal as defined in § 25-9B-101 section 102 of this Act authorized to
determine child support and paternity cases within this state may exercise statewide jurisdiction over
any of the parties involved in the proceedings and may transfer a case between local jurisdictions
without the need for any additional filings or service of process.
Section 83. That § 28-1-11 be amended to read as follows:
28-1-11. The attorney general shall appoint an assistant attorney general for the Department of
Social Services whose compensation shall be fixed by the attorney general, to be paid from public
welfare funds.
Subject to the direction of the attorney general, the assistant attorney general shall supervise the
enforcement of all laws pertaining to desertion, nonsupport, recipient fraud, and similar statutes for
which a penalty is provided in any case in which public assistance has been granted or applied for
under the welfare laws of this state. The assistant attorney general shall cooperate with and assist the
several state's attorneys of the State of South Dakota in such actions and proceedings; be the official
information agent for the State of South Dakota pursuant to
chapter 25-9B sections 101 to 903,
inclusive, of this Act; and initiate and prosecute civil and criminal actions on behalf of the
Department of Social Services, and appear on behalf of the department in any court in which any
action or proceeding is pending involving the welfare of the indigent.
Section 84. That §§ 25-9B-101 to 25-9B-903, inclusive, be repealed.
Signed March 11, 2015
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CHAPTER 149
(HB 1143)
Criminal violations subject to protection orders, changed.
ENTITLED, An Act to increase the criminal violations that are subject to protection orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-10-13 be amended to read as follows:
25-10-13. If a temporary protection order or a protection order is granted pursuant to this chapter
or a foreign protection order recognized pursuant to § 25-10-25 or 25-10-12.1, or if a no contact
order is issued pursuant to § 25-10-23 or 25-10-25, and the respondent or person to be restrained
knows of the order,
the violation of the order is a Class 1 misdemeanor. If any violation of this
section constitutes a violation of § 22-18-1
, 22-18-1.1, or 22-19A-1, the violation is a Class 6 felony.
If a respondent or person to be restrained has been convicted of, or entered a plea of guilty to, two
or more violations of this section
or § 22-19A-16, the factual basis for which occurred after the date
of the second conviction, and occurred within ten years of committing the current offense, the
respondent or person to be restrained is guilty of a Class 6 felony for any third or subsequent offense.
Any proceeding under this chapter is in addition to other civil or criminal remedies.
Signed March 12, 2015
_______________
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MINORS
_______________
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CHAPTER 150
(HB 1012)
Child welfare agencies regulation changed.
ENTITLED, An Act to revise certain provisions regarding child welfare agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-6-20.4 be amended to read as follows:
26-6-20.4. If the amount of money entrusted to a home, center, or facility covered by pursuant
to the provisions of §§ 26-6-20.1 to 26-6-20.10, inclusive, exceeds the amount of fifty sixty dollars
for any resident, all such moneys any money in excess of this figure that amount shall be deposited
in a demand trust account as provided in pursuant to the provisions of § 26-6-20.3.
Section 2. That § 26-6-14 be amended to read as follows:
26-6-14. A child welfare agency shall be licensed, as provided in pursuant to the provisions of
this chapter, for activities which fall within one or more of the following categories:
(1) The providing of group care, maintenance, supervision, and protection of children on a
regular full-time basis as a substitute for regular parental care, with or without
compensation, in a nonfamily group setting, which shall be known as an intensive
residential treatment center, a residential treatment center, a group care center, or as a
group home as each shall be is defined by standards established pursuant to the provisions
of § 26-6-16;
(2) The providing of care, maintenance, supervision, and protection of a child, or children,
as a substitute for regular parental care, without transfer of legal custody or placement for
adoption, with or without compensation, on a regular full-time basis in a family home,
which shall be known as a foster home;
(3) The providing of group care and supervision of children on a regular basis for part of a
day as a supplement to regular parental care, with or without compensation, for twenty-one or more children, including children under the age of six living in the home and
children from more than one unrelated family received for day care, in any facility,
including a family home, which is shall be known as a day care center;
(4) The receiving and placement of children in foster homes or for adoption, with or without
compensation, as a regular activity of any agency formed for such purpose, or the
performance of such services as an adjunct to other regular activities, and any such agency
which shall be known as a child-placement agency;
(5) The providing of care for pregnant girls or women or the care of a mother and infant after
birth, with or without compensation. Any agency performing such services shall be known
as a maternity home;
(6) The providing of group care and supervision of children on a regular basis for part of a
day as a supplement to regular parental care, with or without compensation, for thirteen
to twenty children, including children under the age of six living in the home and children
from more than one unrelated family received for day care, in any facility, including a
family home, which is shall be known as a group family day care home;
(7)(6) The providing of care and supervision of children on a regular basis before and after
regular school hours which does not exceed four hours daily per child, which shall be
known as a before and after school day care program;
(8)(7) The providing of supervision and training in self-sufficiency and responsible independent
living for youth aged sixteen through twenty years of age who are wards of the state,
which is shall be known as an independent living preparation program.
Signed February 9, 2015
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CHAPTER 151
(SB 70)
Mandatory child abuse reports,
person available to answer questions.
ENTITLED, An Act to require that the mandatory reporter who witnessed the disclosure or evidence
of child abuse or neglect be available to answer questions when the initial report is made.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-8 be amended to read as follows:
26-8A-8. The reports required by §§ 26-8A-3, 26-8A-6, and 26-8A-7 and by other sections of
this chapter shall be made orally and immediately by telephone or otherwise to the state's attorney
of the county in which the child resides or is present, to the Department of Social Services or to law
enforcement officers. The mandatory reporter who witnessed the disclosure or evidence of the abuse
or neglect must be available to answer questions when the initial report is made pursuant to this
section. The state's attorney or law enforcement officers, upon receiving a report, shall immediately
notify the Department of Social Services. Any person receiving a report of suspected child abuse or
child neglect shall keep the report confidential as provided in § 26-8A-13, except as otherwise
provided in chapter 26-7A or this chapter.
The person receiving a report alleging child abuse or neglect shall ask whether or not the
reporting party desires a response report. If requested by the reporting person, the Department of
Social Services or the concerned law enforcement officer shall issue within thirty days, a written
acknowledgment of receipt of the report and a response stating whether or not the report will be
investigated.
Signed March 13, 2015
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CHAPTER 152
(SB 73)
Juvenile justice statutory revisions.
ENTITLED, An Act to improve public safety regarding juvenile justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Community response team" or "team," a support team tasked with finding viable
community resources to help rehabilitate delinquent children and children in need of
supervision in community-based settings who are at risk for commitment to the
Department of Corrections;
(2) "Juvenile cited violation," designated delinquency or children in need of supervision
violation handled by law enforcement with the uniform traffic ticket pursuant to
§ 23-1A-2;
(3) "Juvenile Justice Oversight Council," the council established by section 11 of this Act;
(4) "Quality assured," monitored to determine the extent to which individuals delivering
treatment to juveniles are administering that treatment consistently and as designed;
(5) "Recidivism," for the Department of Corrections for the purposes of this Act, within one
year, two years, or three years of discharge from the custody of the Department of
Corrections, a juvenile commitment or conviction in adult court for a felony resulting in
a sentence to the Department of Corrections. For the Unified Judicial System for the
purposes of this Act, the term means being adjudicated delinquent while on probation or
adjudicated delinquent or convicted of a felony in adult court within one year, two years,
or three years after discharge from juvenile probation;
(6) "Risk factors," characteristics and behaviors that, when addressed or changed, affect a
child's risk for committing delinquent acts. The term includes prior and current offense
history, antisocial behavior, antisocial personality, attitude and thinking about delinquent
activity, family dysfunction, low levels of education or engagement in school, poor use
of leisure time and recreation, and substance abuse;
(7) "Specialized transition services," independent living; foster care; respite; crisis
stabilization; short-term assessment; a residential setting intended to transition the
juvenile from a residential treatment center, intensive residential treatment center, or more
restrictive group care or juvenile corrections facility; or other transitional setting
authorized by the secretary of the Department of Corrections;
(8) "Treatment," when used in a juvenile justice context, targeted interventions that utilize
evidence-based practices to focus on juvenile risk factors, to improve mental health, and
to reduce the likelihood of delinquent behavior;
(9) "Validated risk and needs assessment," a tool scientifically proven to identify factors for
delinquency and predict a child's risk to reoffend.
Section 2. That § 26-7A-11 be amended to read as follows:
26-7A-11. A report of a preliminary investigation involving an any apparent child in need of
supervision or an any apparent delinquent child may be referred under § 26-7A-10 for informal
adjustment or informal action pursuant to subdivision 26-7A-10(4) only if:
(1) The child and the child's parents, guardian, or other custodian were informed of their
constitutional and legal rights, including being represented by an attorney at every stage
of the proceedings if a petition is filed;
(2) The facts are admitted and establish prima facie jurisdiction; and
(3) Written consent is obtained from the child's parents, guardian, or custodian and from the
child if the child is of sufficient age and understanding. Efforts to effect informal
adjustment or informal action may extend no longer than six four months from the date
of such the consent.
The state's attorney may include in the referral to a court-approved juvenile diversion program
a requirement that restitution be imposed as a condition of the diversion program.
Section 3. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
Any apparent child in need of supervision or any apparent delinquent child shall be referred for
informal adjustment or informal action pursuant to subdivision 26-7A-10(4) if the following criteria
are met:
(1) The child has no prior adjudications;
(2) The child has had no informal adjustment or informal action within the last twelve
months;
(3) The child is an apparent child in need of supervision pursuant to § 26-8B-2 or an apparent
delinquent pursuant to § 26-8C-2 and the alleged conduct constitutes a misdemeanor;
(4) The child's alleged conduct did not include use of violence or force against another; and
(5) All of the requirements in § 26-7A-11 are met.
If the state's attorney has good cause to believe that informal adjustment or informal action is
insufficient to meet the purposes of this chapter and chapters 26-8B and 26-8C, the state's attorney
may file a delinquency petition pursuant to subdivision 26-7A-10(5). The petition shall include
notice of the departure from informal adjustment or informal action and notice to the child of the
child's right to move for informal adjustment or informal action. Upon motion of the child and upon
a finding that no good cause exists, the court may refer the child to informal adjustment or informal
action pursuant to subdivision 26-7A-10(4).
Section 4. That § 26-7A-10 be amended to read as follows:
26-7A-10. When a state's attorney is informed by a law enforcement officer or any other person
that a child is, or appears to be, within the purview of this chapter and chapter 26-8A, 26-8B, or 26-8C, the state's attorney shall make a preliminary investigation to determine whether further action
should shall be taken. On the basis of the preliminary investigation, the state's attorney may:
(1) Decide that no further action is required;
(2) If the report relates to an apparent abused or neglected child and if additional information
is required, refer the matter to the Department of Social Services for further investigation
and recommendations;
(3) If the report relates to a juvenile cited violation, proceed on the complaint;
(4) If the report relates to an apparent child in need of supervision or, an apparent delinquent
child, or a juvenile cited violation, refer the matter to a court services officer for any
informal adjustment to the supervision of the court that is practicable without a petition
or refer the matter to a court-approved juvenile diversion program for any informal action
outside the court system that is practicable without the filing of a petition; or
(4)(5) File a petition to commence appropriate proceedings
in any case that the youth does not
meet the criteria provided in section 3 of this Act.
Section 5. The Department of Corrections shall develop a fiscal incentive program to incentivize
county use of diversion opportunities. Beginning on September 1, 2016, any application for funding
from the fiscal incentive program shall be submitted to the Department of Corrections before
September first each year by a county. The fiscal incentive program includes the following
requirements:
(1) An application shall include data on the number of children annually referred by the
county to a diversion program, as well as the number of referred children that successfully
completed a diversion program. In addition, each application shall provide specific data
about the children the county referred to diversion, including the type of program or type
of diversion referred to, the name and location of each diversion provider, and whether
the child completed a diversion program;
(2) The allotment of funds shall be based on the number of children referred by each county
that complete a court-approved diversion program at a rate of two hundred fifty dollars
per child. That amount shall be prorated if the number of children completing a diversion
program statewide results in an amount that exceeds the allotted funds;
(3) No county may receive any state funds provided by this section until its application has
been received; and
(4) Payments to counties shall be transferred on or about November first each year.
The Department of Corrections shall report data collected from participating counties
semiannually to the oversight council.
Section 6. The Department of Social Services may provide for and implement treatment for
juvenile system involved youth. The Department of Social Services, in coordination with the
Department of Corrections and Unified Judicial System, shall identify community-based treatment
to be made available to juveniles with justice system involvement based on the needs of the youth.
The Unified Judicial System and the Department of Corrections shall annually provide aggregated
risk factor data to the Department of Social Services. Any treatment identified for implementation
shall be quality assured and shown through research or documented evidence to reduce recidivism
and other juvenile risk factors.
In cooperation with the Department of Corrections and the Unified Judicial System, the
Department of Social Services shall establish a juvenile treatment referral process incorporating a
risk and needs assessment tool for use by the Unified Judicial System and Department of
Corrections, and supplemental mental health and substance abuse screening tools.
The Department of Corrections and Unified Judicial System shall use a validated risk and needs
assessment, and either a mental health or substance abuse assessment, or both, if the risk and needs
assessment indicates a mental health or substance abuse issue, to guide referrals to interventions
identified under this section, consistent with the process established by the Department of Social
Services.
Section 7. The Department of Social Services shall collect data, in the aggregate and by provider,
on the number of juveniles referred to treatment, the number and percent of juveniles completing
treatment and not completing treatment for juveniles receiving treatment paid for by the Department
of Social Services pursuant to this Act. The Department of Social Services shall report this
information semiannually to the oversight council and regularly review the information, data, and
other performance measures with the Unified Judicial System and Department of Corrections.
The Department of Social Services shall provide the Unified Judicial System and Department
of Corrections with treatment program referral and completion data in the aggregate, by provider,
and on the individual level.
Section 8. The Department of Tribal Relations, in coordination with necessary state agencies,
treatment providers, law enforcement, and stakeholders, shall evaluate and make recommendations
to the oversight council to improve outcomes for Native American children in the juvenile justice
system. Options for consideration may include sharing of treatment resources, information sharing
about children under probation supervision, and joint supervision.
Section 9. The Department of Tribal Relations shall report to the oversight council by
December 31, 2016, the progress of the evaluation required by section 8 of this Act. The Department
of Tribal Relations shall submit its final recommendations to the oversight council, the Governor,
the Chief Justice, and the Legislature by July 1, 2017.
Section 10. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
follows:
For any child in the custody of the Department of Corrections and placed in a residential facility,
state-run or private, the department shall participate in a monthly treatment team meeting with the
residential facility. The department shall:
(1) Review progress on the treatment plan goals and evaluate the effectiveness of the service;
(2) Determine whether any less restrictive treatment alternative is appropriate and available;
and
(3) Develop an aftercare plan designed to facilitate release that identifies release options and
timeframes, if appropriate.
Each treatment plan shall be designed to achieve release at the earliest possible time and to
maximize the child's development and acquisition of skills that enables the child to successfully
transition to community living.
The Department of Corrections shall train department staff on effective participation in treatment
team meetings.
Section 11. There is hereby established a Juvenile Justice Oversight Council responsible for
monitoring and reporting performance and outcome measures related to the provisions set forth in
this Act.
Section 12. The oversight council shall consist of the following nineteen members:
(1) The Governor shall appoint the following six members:
(a) A representative from the Department of Corrections;
(b) A representative from the Department of Social Services;
(c) A representative who is a state's attorney;
(d) A representative from a youth care provider; and
(e) Two at large members;
(2) The Chief Justice shall appoint the following six members:
(a) A representative who is a criminal defense attorney;
(b) A representative who is a judge; and
(c) Four at large members;
(3) The majority leader of the Senate shall appoint the following three members:
(a) Two legislative members of the Senate, one from each political party; and
(b) One at large member;
(4) The majority leader of the House of Representatives shall appoint the following three
members:
(a) Two legislative members of the House of Representatives, one from each political
party; and
(b) One member who is a county commissioner; and
(5) The attorney general shall appoint one member.
The oversight council shall select a chair and a vice chair.
Section 13. The oversight council shall meet within ninety days following appointment and shall
meet semiannually thereafter. The oversight council terminates five years after its first meeting,
unless the Legislature, by joint resolution, continues the oversight council for a specified period of
time. The oversight council may:
(1) Review the recommendations of the juvenile justice reinvestment initiative work group
in the final report dated November 2014, track implementation, and evaluate compliance
with this Act;
(2) Review performance measures and outcome measures required by this Act and proposed
by the Department of Corrections, Unified Judicial System, and Department of Social
Services;
(3) Review performance measures and outcome measures submitted semiannually by the
Department of Corrections, Unified Judicial System, and Department of Social Services
pursuant to sections 7, 18, 24, 26, 34, and 36 of this Act;
(4) Review efforts by the Department of Social Services to ensure delivery of treatment in
rural areas and related performance measures;
(5) Track progress and make recommendations to improve outcomes for Native American
children in the juvenile justice system in accordance with sections 8 and 9 of this Act;
(6) Review the payments of the diversion incentive program to counties, pursuant to section
5 of this Act, payments from the juvenile justice detention cost-sharing fund pursuant to
section 45 of this Act, and performance-based reimbursement payments to group care and
residential treatment centers pursuant to sections 32 and 33 of this Act; and
(7) Prepare and submit an annual summary report of the performance and outcome measures
that are part of this Act to the Legislature, Governor, and Chief Justice. The report shall
include any recommendations for improvement related to this Act.
Section 14. The presiding judge of each judicial circuit may appoint one or more community
response teams to assist judges by recommending viable community-based interventions for children
in need of supervision and delinquent children. Each team appointed shall include the court services
officer in the jurisdiction where the team is to operate, and designees of the secretaries of the
Departments of Social Services and Corrections. Each team may include a representative of a public
school district in which the team is to operate and one or more representatives of the public. The
Unified Judicial System shall maintain a record of the membership of each team and report
nonidentifying data to the oversight council. The team may operate telephonically or through
electronic communications.
The records prepared or maintained by the team are confidential. However, the records may be
inspected by, or disclosed to, justices, judges, magistrates, and employees of the Unified Judicial
System in the course of their duties, the attorney for the child and child's parents, guardian, or other
custodian, the state's attorney prosecuting the case, and to any person specifically authorized by order
of the court. The record of the team may only be released to a third party upon good cause shown
to the satisfaction of the court that the release is necessary and the information contained in the
record is not available elsewhere.
Section 15. The Supreme Court may establish rules, pursuant to § 16-3-1, regarding formation
of a community response team and the procedures to be followed by the team.
Section 16. That § 26-8C-5 be amended to read as follows:
26-8C-5. Following adjudication of a child as a delinquent child, the court may continue the case
and may require a court services officer to present to the court a plan of disposition. Where a
community response team as defined in section 1 of this Act has been established, prior to any
disposition to the Department of Corrections, the court may seek a recommendation for a viable
community alternative disposition from the team. If the team is unable to provide any
recommendation within seven days of the referral, the disposing court may exercise its discretion
and make a disposition decision without the input of the team, pursuant to § 26-8C-7. In each case,
the court may adopt the recommendation of the team in part, in full, or reject the recommendation
of the team in its entirety.
Section 17. That § 26-8B-4 be amended to read as follows:
26-8B-4. Following adjudication of a child as a child in need of supervision, the court may
continue the case and may require a court services officer to present to the court a plan of disposition.
If a community response team as defined in section 1 of this Act has been established, prior to any
disposition to the Department of Corrections, the court may seek a recommendation for a viable
community alternative disposition from the team. If the team is unable to provide any
recommendation within seven days of the referral, the court may exercise its discretion and make
a disposition decision without the input of the team, pursuant to § 26-8B-6. In all cases, the court
may adopt the recommendation of the team in part, in full, or reject the recommendation of the team
in its entirety.
Section 18. The Unified Judicial System shall provide semiannually to the oversight council the
following nonidentifying aggregate data for any jurisdiction where a community response team has
been established:
(1) Number of referrals to the team by each judicial circuit;
(2) The number and percent of referrals by each judicial circuit where the team
recommendation is provided;
(3) The number and percent of cases where the team located a community based alternative;
(4) The recommendation of the team for each case; and
(5) The disposition of the court.
Section 19. That § 26-8C-1 be amended to read as follows:
26-8C-1. It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an
effective state and local system for delinquent children including a focus on community-based
rehabilitation.
Section 20. That § 26-8C-7 be amended to read as follows:
26-8C-7. If a child has been adjudicated as a delinquent child, the court shall enter a decree of
disposition according to the least restrictive alternative available in keeping with the best interests
of the child. The decree shall contain one or more of the following alternatives:
(1) The court may make any one or more of the dispositions in § 26-8B-6, except that a
delinquent child may be incarcerated in a detention facility established pursuant to
provisions of chapter 26-7A for not more than ninety days, which may be in addition to
any period of temporary custody;
(2) The court may impose a fine not to exceed one thousand dollars;
(3)(2) The court may place the child on probation under the supervision of a court services
officer or another designated individual. The child may be required pursuant to § 26-8C-14;
(3) The court may require a child as a condition of probation to report for assignment to
participate in a supervised work community service program, provided if the child is not
deprived of the schooling that is appropriate for the child's age, needs, and specific
rehabilitative goals. The supervised work community service program shall be of a
constructive nature designed to promote rehabilitation, appropriate to the age level and
physical ability of the child, and shall be combined with counseling by the court services
officer or other guidance personnel. The supervised work community service program
assignment shall be made for a period of time consistent with the child's best interests, but
for not more than ninety days;
(4) The court may place the child at the Human Services Center for examination and
treatment;
(5) The court may commit the child to the Department of Corrections;
(6) The court may place the child in a detention facility for not more than ninety days, which
may be in addition to any period of temporary custody;
(7)(6) The court may place the child in an alternative educational program;
(8)(7) The court may order the suspension or revocation of the child's right to apply for a driving
privilege, suspend or revoke an existing driving privilege, or restrict the privilege in such
manner as it sees fit, including requiring that financial responsibility be proved and
maintained;
(9)(8) The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, custodian, or other
party responsible for the child; or
(9) The court may only commit a child to the Department of Corrections if the judge finds
that:
(a) No viable alternative exists;
(b) The Department of Corrections is the least restrictive alternative; and
(c) The child is currently adjudicated delinquent for an offense eligible for transfer
proceedings pursuant to § 26-11-3.1; the child is currently adjudicated delinquent
for a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to
§ 22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary
in the second degree pursuant to § 22-32-3; or the court finds from evidence
presented at the dispositional hearing or from the pre-dispositional report that the
youth presents a significant risk of physical harm to another person.
Any finding made pursuant to this section shall be made in the written decree.
Section 21. Any child required to participate in a community service program is not an agent or
employee of the recipients of these services. Any recipient of community service, described in
§§ 26-8C-7 and 26-8B-6, does not have to provide the child with unemployment compensation
insurance pursuant to title 61 nor with workers' compensation insurance pursuant to title 62. Each
recipient and the recipient's officers, agents, and employees are immune from any cause of action
for civil damages brought by the child, parents, guardians, or any third party if the cause of action
arises from any act of commission or omission by the recipient or any of its officers, agents, or
employees or any act of commission or omission by the child and the acts arise out of or are in
connection with a community service program, except if the cause of action is the result of gross
negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees
and except to the extent that the recipient has purchased liability insurance. Nothing in this section
relieves any individual child from responsibility for the child's individual acts.
Section 22. If a judge orders more than fourteen days of detention in a thirty-day period pursuant
to § 26-8C-7 or 26-8B-6, the court shall enter findings of fact and conclusions of law to include in
the dispositional decree justifying the need for extended detention.
Section 23. That § 26-8C-14 be amended to read as follows:
26-8C-14. The terms, and conditions, and duration of probation of a delinquent child shall be
specified by rules or orders of the court and by court services officers.
The duration of juvenile probation shall be specified by order of the court but may not exceed
four months unless:
(1) The child is placed in the intensive juvenile probation program; or
(2) The child's probation is extended as provided under this section.
If the child is placed on intensive juvenile probation, the duration of probation upon order by the
court may be up to eight months.
If the child is placed on juvenile probation, a court services officer may request two extensions
up to four months each or one extension up to four months for intensive juvenile probation. The
court may authorize the same in accordance with Unified Judicial System procedure if the extension
is necessary for the child to engage in evidence-based treatment as required by the case plan. If
evidence-based treatment is not available, an extension may be granted if the youth is engaged in
alternative court-approved treatment that will not be completed before the previously ordered term
of probation expires.
The total duration of probation, including juvenile intensive probation and any extension may
not exceed twelve months unless the court provides written authorization to allow a child to
complete evidence-based treatment that will not be completed before probation expires. Probation
may not be extended solely to collect restitution. If probation is terminated with restitution owing,
the Unified Judicial System procedure may govern the collection.
Each child placed on probation shall be given a written statement of the terms and conditions of
probation
, and the probation extension policy. The terms and conditions
, as well as the probation
extension policy, shall be
fully explained to the child.
The court shall review the terms and conditions of probation and the progress of each child
placed on probation at least once every
six four months. The court may release a child from
probation or modify the terms and conditions of the child's probation at any time, but any child who
has complied satisfactorily with the terms, conditions, and duration of probation shall be released
from probation and the jurisdiction of the court terminated.
If the duration of probation previously
prescribed has expired, the court shall release the child from probation and terminate jurisdiction.
Section 24. The Unified Judicial System shall report semiannually to the oversight council:
(1) The number of juvenile probation admissions;
(2) The number of juveniles for whom a request for extension is made;
(3) The number and percent of juveniles for whom extensions are granted;
(4) The number of requests for extension;
(5) The number and percent of requests granted;
(6) The reason for discharge and length of probation for juveniles discharged from
supervision; and
(7) The recidivism rate.
The Unified Judicial System shall report semiannually to the oversight council the number of
children placed in a detention facility pursuant to subdivisions 26-8C-7(5) and 26-8B-6(3) and the
duration of each detention stay. The Unified Judicial System shall report semiannually to the
oversight council the number of children eligible for informal adjustment and informal action
pursuant to section 3 of this Act, and the number and percent of children for whom good cause is
found for the state's attorney to proceed on a petition if the child is otherwise eligible for informal
adjustment and informal action pursuant to section 3 of this Act. The Unified Judicial System shall
report semiannually to the oversight council the number of children summoned to court on a juvenile
cited violation pursuant to section 37 of this Act, the number of children summoned to court on a
juvenile cited violation referred for informal adjustment and informal action pursuant to section 38
of this Act, and the number petitioned under section 38 of this Act.
Section 25. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
The Supreme Court shall establish rules, pursuant to § 16-3-1, to develop a graduated sanctions
and incentives procedure and grid to guide court services officers in determining the appropriate
response to a violation of terms or conditions of probation in juvenile cases. If the graduated
sanctions program includes detention, a stay may not exceed forty-eight hours, and may not exceed
twenty-four hours for children in need of supervision pursuant to § 26-8B-3. The Unified Judicial
System shall collect data related to the use of sanctions, grid compliance and program outcomes, and
shall include a process for reviewing sanctions that are challenged by the juvenile. The system of
graduated sanctions shall be created with the following objectives:
(1) Responding to violations of probation quickly, consistently, and proportionally;
(2) Reducing the time and resources expended by the court to respond to violations; and
(3) Reducing the likelihood of a new delinquent act.
Section 26. The Unified Judicial System shall report semiannually to the oversight council the
number and percent of juvenile probationers who received a graduated response, the number and
percent of juvenile probationers receiving a formal allegation of a probation violation, the number
and percent of juveniles whose probation is revoked, and the action taken as a result of the
revocation.
Section 27. That § 26-8C-15 be amended to read as follows:
26-8C-15. The following provisions apply if the child is alleged to have violated the terms and
conditions of probation and a formal allegation of a probation violation is filed:
(1) The court shall set a hearing on the alleged violation and shall give five days' notice to the
child, to the child's parents, guardian, or custodian, and to any other parties to the
proceedings;
(2) The child and the child's parents, guardian, or custodian shall be given a written statement
concerning the alleged violation;
(3) The child may be represented by legal counsel at the probation violation hearing and the
child is entitled to the issuance of compulsory process for the attendance of witnesses;
(4) If the court finds by a preponderance of the evidence that the child violated the terms and
conditions of probation, the court may modify the terms and conditions of probation,
revoke probation, or take other action as permitted by this chapter or chapter 26-7A which
is in the best interests of the child and the public, except commitment to the Department
of Corrections. The court may only commit a child to the Department of Corrections if
the court finds that the violation committed constitutes a new law violation and finds that
the aggravated circumstances as provided in subdivision 26-8C-7(9) exist;
(5) For the purposes of this section, new law violation is defined as delinquent behavior
pursuant to § 26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of § 32-23-21; and
(6) If the court finds that the child did not violate the terms and conditions of probation as
alleged, the court shall dismiss the proceedings and continue the child on probation under
the terms
and, conditions
, and duration previously prescribed.
If the duration of probation
previously prescribed has expired, the court shall release the child from probation and
terminate jurisdiction.
Section 28. That § 26-8B-1 be amended to read as follows:
26-8B-1. It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an
effective state and local system for children in need of supervision, including a focus on community-based rehabilitation.
Section 29. That § 26-8B-6 be amended to read as follows:
26-8B-6. If a child has been adjudicated as a child in need of supervision, the court shall enter
a decree of disposition according to the least restrictive alternative available in keeping with the best
interests of the child. The decree shall contain one or more of the following alternatives:
(1) The court may place the child on probation pursuant to § 26-8B-8 or under protective
supervision in the custody of one or both parents, guardian, custodian, relative, or another
suitable person under conditions imposed by the court;
(2) The court may require as a condition of probation that the child report for assignment to
participate in a supervised work community service program, provided the child is not
placed in a detention facility and is not deprived of the schooling that is appropriate to the
child's age, needs, and specific rehabilitative goals. The supervised work community
service program shall be of a constructive nature designed to promote rehabilitation, shall
be appropriate to the age level and physical ability of the child, and shall be combined
with counseling by a court services officer or other guidance personnel. The supervised
work community service program assignment shall be made for a period of time
consistent with the child's best interests, but may not exceed ninety days;
(3) If the court finds that the child has violated a valid court order, the court may place the
child in a detention facility for not more than ninety days, which may be in addition to any
period of temporary custody, for purposes of disposition if:
(a) The child is not deprived of the schooling that is appropriate for the child's age,
needs, and specific rehabilitative goals;
(b) The child had a due process hearing before the order was issued; and
(c) A plan of disposition from a court services officer is provided to the court;
(4) The court may require the child to pay for any damage done to property or for medical
expenses under conditions set by the court if payment can be enforced without serious
hardship or injustice to the child;
(5)
The court may commit the child to the Department of Corrections for placement in a
juvenile correctional facility, foster home, group home, group care center, residential
treatment center, or other community-based services, if those community-based services
were not provided prior to commitment, pursuant to chapter 26-11A. Prior to placement
in a juvenile correctional facility, an interagency team comprised of representatives from
the Department of Human Services, Department of Social Services, Department of
Education, the Department of Corrections, and the Unified Judicial System shall make a
written finding that placement at a Department of Corrections facility is the least
restrictive placement commensurate with the best interests of the child. Subsequent
placement in any other Department of Corrections facility may be authorized without an
interagency review;
(6) The court may place a child in an alternative educational program;
(7)(6) The court may order the child to be examined and treated at the Human Services Center;
(8)(7) The court may impose a fine not to exceed five hundred dollars;
(9)(8) The court may order the suspension or revocation of the child's right to apply for a driving
privilege, suspend or revoke an existing driving privilege, or restrict the privilege in such
manner as the court sees fit or as required by § 32-12-52.4, including requiring that
financial responsibility be proved and maintained;
(10)(9) The court may assess or charge the same costs and fees as permitted by §§ 16-2-41,
23-3-52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent,
guardian, custodian, or other party responsible for the child; or
(10) The court may only commit a child to the Department of Corrections if the judge finds
that:
(a) No viable alternatives exist;
(b) The Department of Corrections is the least restrictive alternative; and
(c) The court finds from evidence presented at the dispositional hearing or from the
pre-dispositional report that the youth presents a significant risk of physical harm
to another person.
Any finding made pursuant to this section shall be made in the written decree.
After disposition, but prior to placement in a juvenile correctional facility, a state interagency
team comprised of representatives from the Department of Human Services, the Department of
Social Services, the Department of Education, the Department of Corrections, and the Unified
Judicial System shall make a written finding that placement at a Department of Corrections facility
is the least restrictive placement commensurate with the best interests of the child. Subsequent
placement in any other Department of Corrections facility may be authorized without an interagency
review.
No adjudicated child in need of supervision may be incarcerated in a detention facility except
as provided in subdivision (3) or
(5) (10) of this section.
Section 30. That § 26-8B-8 be amended to read as follows:
26-8B-8. The terms, and conditions, and duration of probation of a child in need of supervision
shall be specified by rules or orders of the court and by a court services officer.
The duration of juvenile probation shall be specified by order of the court but may not exceed
four months unless:
(1) The child is placed in the intensive juvenile probation program; or
(2) The child's probation is extended as provided under this section.
If the child is placed on intensive juvenile probation, the duration of probation ordered by the
court may be up to eight months.
If the child is placed on juvenile probation, a court services officer may request two extensions
up to four months each or one extension up to four months for intensive juvenile probation. The
court may authorize the same in accordance with Unified Judicial System procedure if the extension
is necessary for the child to complete evidence-based treatment as required by the case plan. If
evidence-based treatment is not available, an extension may be granted if the youth is engaged in
alternative court-approved treatment that will not be completed before the previously ordered term
of probation expires.
The total duration of probation, including juvenile intensive probation and extensions in all
cases, may not exceed twelve months unless the court provides written authorization to allow a child
to complete evidence-based treatment that will not be completed before probation expires. Probation
may not be extended solely to collect restitution. If probation is terminated with restitution owing,
Unified Judicial System procedure may govern the collection.
Each child placed on probation shall be given a written statement of the terms and conditions of
probation
and the probation policy. The terms and conditions
, as well as the probation extension
policy, shall be
fully explained to the child.
The court shall review the terms and conditions of probation and the progress of each child
placed on probation at least once every
six four months. The court may release a child from
probation or modify the terms and conditions of the child's probation at any time, but any child who
has complied satisfactorily with the terms, conditions, and duration of probation shall be released
from probation and the jurisdiction of the court terminated.
If the duration of probation previously
prescribed has expired, the court shall release the child from probation and terminate jurisdiction.
Section 31. That § 26-8B-9 be amended to read as follows:
26-8B-9. The following provisions apply if the child is alleged to have violated the terms and
conditions of probation and a formal petition is filed with the court:
(1) The court shall set a hearing on the alleged violation and shall give five days' notice to the
child, to the child's parents, guardian, or custodian, and to any other parties to the
proceedings;
(2) The child and the child's parents, guardian, or custodian shall be given a written statement
concerning the alleged violation;
(3) The child may be represented by legal counsel at the probation violation hearing and the
child is entitled to the issuance of compulsory process for the attendance of witnesses;
(4) If the court finds by a preponderance of the evidence that the child violated the terms and
conditions of probation, the court may modify the terms and conditions of probation,
revoke probation, or take other action as permitted by this chapter or chapter 26-7A,
according to the least restrictive alternative which is in the best interests of the child, and
the public, and the state except commitment to the Department of Corrections. The court
may only commit a child to the Department of Corrections if the court finds that the
violation committed constitutes a new law violation and finds that the aggravated
circumstances provided in subdivision 26-8B-6(10) exist;
(5)
For the purposes of this section, a new law violation is defined as delinquent behavior
pursuant to § 26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of § 32-
23-21; and
(6) If the court finds that the child did not violate the terms and conditions of probation as
alleged, the court shall dismiss the proceedings and continue the child on probation under
the terms
and, conditions
, and duration previously prescribed.
If the duration of probation
previously prescribed has expired, the court shall release the child from probation and
terminate jurisdiction.
Section 32. The Department of Corrections, pursuant to the provisions of chapter 26-11A and
§ 26-8C-7 or 26-8B-6, may place a child in a group care center operated and maintained by a
nonstate entity only in accordance with a performance-based reimbursement rate structure as
provided in the provider contract and as provided by this section.
If a provider is able to substantially accomplish the treatment goals and release a child from
group care within the performance expectation period, a performance-based reimbursement payment
shall be included in the payment allocation. The maximum performance-based reimbursement
payment shall be allocated when a provider is able to substantially accomplish the treatment goals
and release a child within three months. A diminished performance-based reimbursement payment
shall be allocated when a provider is able to substantially accomplish the treatment goals and release
a child in more than three months but less than four months. The performance-based reimbursement
payment is in addition to the provider reimbursement rate as established by the Department of Social
Services.
The Department of Corrections shall determine the need for placement in a group care facility
upon admission and review the placement monthly thereafter. Upon finding that the child is no
longer in need of placement, the child shall be released to aftercare pursuant to § 26-11A-12. If the
child cannot be released to aftercare at no fault of the provider, a performance-based reimbursement
payment shall be added to the payment allocation as long as the provider otherwise qualifies for that
payment.
If a provider terminates a child prior to substantial completion of the treatment goals and the
Department of Corrections transfers the child to another facility, the transferring provider does not
qualify for a performance-based payment under this section for that child.
Juvenile corrections facilities maintained and operated by the Department of Corrections shall
design and operate programs to achieve substantial accomplishment of treatment goals and the
release to aftercare within three months.
Specialized transition services are exempt from the performance-based reimbursement rate
structure.
After January 1, 2019, the Department of Corrections may promulgate rules, pursuant to chapter
1-26, to continue or create additional or alternative performance-based reimbursement period
timeframes.
Section 33. The Department of Corrections, pursuant to the provisions of chapter 26-11A and
§ 26-8C-7 or 26-8B-6, may place a child in a residential treatment center or intensive residential
treatment center only in accordance with a performance-based reimbursement rate structure as
provided in the provider contract and provided by this section.
If a provider is able to substantially accomplish the treatment goals and release a child from
residential or intensive residential treatment within the performance expectation period, a
performance-based reimbursement payment shall be added to the payment allocation. For those
providers that substantially meet the treatment goals and release within three months, a maximum
performance-based reimbursement payment shall be added to the payment allocation. For those
providers that substantially meet the treatment goals and release within five, seven, or nine months,
a diminished performance-based reimbursement payment, which decreases as length of stay
increases, shall be added to the payment allocation.
The provider contracts shall provide how the Department of Corrections may use state general
fund dollars in the performance expectation allocation. The performance-based reimbursement
payment is in addition to the provider reimbursement rate as established by the Department of Social
Services.
The Department of Corrections shall evaluate monthly the need for continued placement in a
residential treatment center or intensive residential treatment center. Upon a finding that the child
is no longer in need of placement, the child shall be released to aftercare pursuant to § 26-11A-12
or specialized transition services. If the child cannot be released to aftercare at no fault of the
provider, a performance-based reimbursement payment shall be added to the payment allocation as
long as the provider otherwise qualifies for that payment.
If a provider terminates a child prior to substantial completion of the treatment goals and the
Department of Corrections transfers the child to another facility, the transferring provider does not
qualify for additional performance-based reimbursement payment under this section for that child.
After January 1, 2019, the Department of Corrections may promulgate rules, pursuant to chapter
1-26, to continue or create additional or alternative performance-based reimbursement period
timeframes.
Section 34. The Department of Corrections shall report semiannually to the oversight council the
number of children committed, number of recommitments, the average length of stay in residential
placement in total and by provider, and average length of commitment among children discharged
from the Department of Corrections.
Section 35. That § 26-11A-15 be amended to read as follows:
26-11A-15. If the independent hearing officer finds probable cause that the terms and conditions
of aftercare have been violated by committing an act subject to transfer proceedings pursuant to
§ 26-11-3.1, a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to
§ 22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary in the second
degree pursuant to § 22-32-3; or that the juvenile presents a significant risk of physical harm to
another person and has committed a new law violation, an aftercare revocation hearing shall be held
before a member of the Board of Pardons and Paroles created in § 24-13-1 within thirty days of the
temporary detention or shelter hearing. For the purposes of this section, a new law violation is
defined as delinquent behavior pursuant to § 26-8B-2, a Class 1 misdemeanor violation of title 32,
or a violation of § 32-23-21. The juvenile, with the consent of a parent, guardian, or custodian, has
the right to waive this hearing at any time after the juvenile is detained and after advisement that
waiver of the right to appear before the Board of Pardons and Paroles may result in the juvenile
being returned to placement.
If the hearing officer does not find probable cause that the terms and conditions of aftercare have
been violated by committing an act subject to transfer proceedings pursuant to § 26-11-3.1, a crime
of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1, felony sexual
registry offense pursuant to chapter 22-24B, or burglary in the second degree pursuant to § 22-32-3;
or that the juvenile presents a significant and likely risk of physical harm to another person and has
committed a new law violation, the juvenile shall be returned to aftercare or released.
The member of the board shall set the aftercare revocation hearing and shall give five days notice
to the juvenile, to the juvenile's parents, guardian, or custodian, and to any other parties to the
hearing.
The juvenile and the juvenile's parents, guardian, or custodian, shall be given a written statement
of the allegations against the juvenile.
The juvenile shall have the opportunity to appear in person, present witnesses, or documentary
evidence in the juvenile's behalf, and cross-examine witnesses unless the member of the board makes
a written determination that doing so is not in the best interests of the juvenile.
The juvenile may be represented by legal counsel at the hearing.
Section 36. The Department of Corrections shall report semiannually to the oversight council the
number and percent of juveniles violating aftercare, the number and percent of juveniles whose
aftercare is revoked, and the action taken as a result of the revocation.
Section 37. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
The following allegations of delinquency and children in need of supervision shall be treated as
juvenile cited violations by law enforcement:
(1) Petty theft in the second degree pursuant to § 22-30A-17.3;
(2) Intentional damage to property, four hundred dollars or less, pursuant to § 22-34-1;
(3) Purchase, possession, or consumption of alcoholic beverage by person under twenty-one
years pursuant to § 35-9-2 in accordance with subdivision 26-8B-2(5); and
(4) Truancy pursuant to subdivision 26-8B-2(1).
The issuing officer shall notify the child and the child's parent, guardian, or custodian that a
hearing on the complaint for a cited violation shall be held before a judicial circuit court judge within
ten days of issuance of the summons or on the next available court date and be treated as a
confidential juvenile matter. The hearing shall be held pursuant to § 26-7A-36 and the case records
shall be treated as confidential consistent with the provisions of §§ 26-7A-114, 26-7A-115,
26-7A-116, 26-7A-120, and 26-7A-27. A cited violation is not an adjudication or a child in need of
supervision or delinquency proceeding.
Section 38. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
When a state's attorney is informed that a complaint has been issued for a juvenile cited violation,
the state's attorney may take any action permitted pursuant to § 26-7A-10, except that a state's
attorney may only file a petition pursuant to subdivision 26-7A-10(5) if:
(1) The child is cited pursuant to subdivisions (1) and (2) of section 37 of this Act; or
(2) The child is cited pursuant to subdivisions (3) and (4) of section 37 of this Act, and has
two or more prior judgments for the same violation.
Section 39. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
If the state's attorney elects to proceed on the complaint pursuant to subdivision 26-7A-10(3),
the child shall be asked for an admission or denial of the alleged violation. If the child admits to the
violation, the court shall accept the admission and enter a judgment pursuant to section 40 of this
Act. If the child denies committing the violation, the case may be tried according to procedure
adopted by the presiding judge of each judicial circuit and approved by the Supreme Court, but a jury
trial may not be granted.
If the child fails to appear in court at the time set in the summons or set by subsequent
postponement, the court may either issue a new summons to appear and set a new date for hearing
to show cause, or the court may consider that failure to appear constitutes an admission to the
allegations contained in the complaint and may accordingly enter a judgment for payment.
If the child fails to comply with the terms of the judgment, the court may either issue a summons
to appear and show cause, or issue a forfeiture against the child's parents or guardians for the amount
of the citation and any restitution owed pursuant to section 40 of this Act.
Section 40. That chapter 26-7A be amended by adding thereto a NEW SECTION to read as
follows:
If a child is found to be in violation of the complaint, the court shall enter a judgment against the
child for one or more of the following:
(1) A fine and court costs not to exceed one hundred dollars;
(2) Restitution as determined appropriate by the court; or
(3) Suspension or revocation of the child's driving privilege if the judgment is entered on a
violation pursuant to subdivision (3) of section 37 of this Act.
The court may set a hearing to review compliance with the judgment. If a child is unable to pay
a fine, court costs, or restitution as ordered by the court, any party may request that the court order
community service in lieu of the monetary judgment. At no time shall a court order a child to
probation or detention upon entry of a judgment on a cited violation. A judgment on a cited violation
shall be a confidential matter pursuant to subsection 15-15A-7(p).
Section 41. That chapter 23-1A be amended by adding thereto a NEW SECTION to read as
follows:
The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to
be used for juvenile cited violations.
Section 42. The juvenile justice detention cost-sharing fund is hereby created in the Department
of Corrections for the purpose of assisting counties with increased costs due to increased juvenile
detention expenses paid by counties.
Section 43. Any county that provides the Department of Corrections with documentation
showing juvenile detention bed days paid by the county for calendar years 2013, 2014, and 2015 by
March 1, 2016, is considered a participating county. All other counties are nonparticipating counties.
A nonparticipating county may become a participating county in subsequent years by submitting the
data in this section and complying with the requirements in section 44 of this Act.
Section 44. Beginning on March 1, 2017, and March first of each year thereafter, each
participating county shall submit to the Department of Corrections the number of juvenile detention
bed days paid by the county in the preceding calendar year. Only a participating county is eligible
for reimbursement from the juvenile justice detention cost-sharing fund. The participating counties
shall be determined on an annual basis.
Section 45. The Department of Corrections shall compare the number of detention bed days each
county paid in the preceding calendar year to the average number of detention bed days paid in
calendar years 2013, 2014, and 2015. If the days paid in the calendar year in question exceed the
average, the Department of Corrections shall pay the county two hundred dollars per day for each
day exceeding the average. If the amount owed the participating counties exceeds the amount of
money in the fund, the amount reimbursed per bed day shall be prorated to fulfill all requests.
Section 46. Sections 42 to 45, inclusive, of this Act, are repealed on June 30, 2019, and any
remaining moneys in the juvenile justice detention cost-sharing fund shall be transferred to the
general fund.
Section 47. Sections 14 to 18, inclusive, sections 23 to 27, inclusive, sections 29 to 33, inclusive,
sections 37 to 41, inclusive, and sections 7, 20, and 35 of this Act are effective on January 1, 2016.
Signed March 12, 2015
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PUBLIC WELFARE AND ASSISTANCE
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Start Included file 8Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\153.wpd
CHAPTER 153
(HB 1190)
Appropriation for community-based provider
workforce improvement.
ENTITLED, An Act to make an appropriation for community-based provider workforce
improvement and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The moneys appropriated in this Act shall be allocated to community-based providers
throughout South Dakota to enhance the providers' ability to hire and retain direct care staff within
their facilities located in South Dakota.
Section 2. There is hereby appropriated from the general fund the sum of one million six hundred
fifty-five thousand eight hundred seventy-seven dollars ($1,655,877), and the sum of five hundred
six thousand one hundred forty dollars ($506,140) in federal fund expenditure authority, or so much
thereof as may be necessary, to the Department of Social Services for the purpose described in
section 1 of this Act.
Section 3. The secretary of the Department of Social Services shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized in section 2 of this Act.
Section 4. There is hereby appropriated from the general fund the sum of one million forty-one
thousand two hundred forty dollars ($1,041,240), and the sum of one million forty-one thousand four
hundred eleven dollars ($1,041,411) in federal fund expenditure authority, or so much thereof as may
be necessary, to the Department of Human Services for the purpose described in section 1 of this
Act.
Section 5. The secretary of the Department of Human Services shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized in section 4 of this Act.
Section 6. There is hereby appropriated from the general fund the sum of one hundred fifty-seven
thousand twenty-eight dollars ($157,028), and the sum of seventy-nine thousand seven hundred
ninety-one dollars ($79,791) in federal fund expenditure authority, or so much thereof as may be
necessary, to the Department of Corrections for the purpose described in section 1 of this Act.
Section 7. The secretary of the Department of Corrections shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized in section 6 of this Act.
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 19, 2015
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HIGHWAYS AND BRIDGES
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Start Included file :Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\154.wpd
CHAPTER 154
(HB 1122)
Township boards may designate certain roads
as no maintenance roads.
ENTITLED, An Act to authorize township boards to designate certain roads as no maintenance
roads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-13-1 be amended to read as follows:
31-13-1. The board of township supervisors shall construct, repair, and maintain all of the
township roads within the township except for section lines designated as no maintenance section
lines pursuant to § 31-13-1.4 and roads designated as no maintenance roads pursuant to section 2 of
this Act. The township road system consists of section line roads; judicially declared roads; roads
impliedly accepted by the township through routine performance of certain maintenance activities,
such as grading, graveling and snow removal, and accepting funds from the county pursuant to
§§ 32-11-4.1 and 32-11-6 for a period of at least fifteen years; and any other roads designated by
resolution of the board as being on the township road system. A road may only be vacated through
the process specified in chapter 31-3. Before a road may be added to the township road system, the
road shall meet the minimum requirements specified in §§ 31-18-2 and 31-13-4, unless the board,
by resolution, waives this requirement.
Section 2. That chapter 31-13 be amended by adding thereto a NEW SECTION to read as
follows:
The board of township supervisors may designate a road that is unsafe for vehicle travel as a no
maintenance road. The board shall identify the beginning and end point of the road designated as no
maintenance. The board does not have any responsibility on a no maintenance road except to require
removal or remediation of a manmade obstruction, if needed, to maintain the public access.
Section 3. That chapter 31-13 be amended by adding thereto a NEW SECTION to read as
follows:
The board of township supervisors shall post signs on a no maintenance road to notify the
motoring public that it is a no maintenance road and that no vehicle travel is advised. The signs shall
be posted at each entry point and at regular intervals along a no maintenance road. A properly posted
sign is prima facie evidence that adequate notice of a no maintenance road has been given to the
motoring public.
Signed March 12, 2015
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Start Included file <Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\155.wpd
CHAPTER 155
(HB 1121)
Township boards may establish speed zones on township roads.
ENTITLED, An Act to authorize township boards to establish speed zones on township roads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-25-9.2 be amended to read as follows:
32-25-9.2. Unless otherwise provided pursuant to § 32-25-9.1, no No person may drive a vehicle
on a township road in excess of fifty-five miles per hour. However, notwithstanding the provisions
of § 32-25-9.1, any board of township supervisors may determine and establish speed zones upon
all or any highways under its jurisdiction. The township board shall notify the county of any changes
and the speed zones shall be conspicuously posted at the beginning and ending of the zones. Driving
in excess of the speed limit established in this section or by the township board pursuant to this
section is a Class 2 misdemeanor.
Signed March 10, 2015
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End Included file <Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\155.wpd
MOTOR VEHICLES
_______________
Start Included file >Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\156.wpd
CHAPTER 156
(HB 1132)
Number of days increased to deliver a temporary permit or title.
ENTITLED, An Act to revise certain provisions regarding the titling of motor vehicles, boats,
mobile homes, and manufactured homes and the issuance of temporary permits by licensed
dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3-7 be amended to read as follows:
32-3-7. Any person, upon the sale and delivery of any used or secondhand motor vehicle, shall
within thirty forty-five days thereof deliver to the purchaser a certificate of title, endorsed according
to law, and issued for the vehicle by the department. However, notwithstanding any other provision
of law, if the purchaser defaults on the terms of the sale within the thirty-day forty-five day period,
the seller does not have to deliver the certificate of title to the purchaser. The seller shall notify the
department in writing of the seller's refusal to deliver title 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.
Section 2. That § 32-3-7.1 be amended to read as follows:
32-3-7.1. If a licensed dealer does not deliver title within thirty forty-five days as required by
§ 32-3-7, and the dealer has satisfied any lien in compliance with chapter 32-6B, 32-6C, 32-7A, or
32-7B and the delay in delivering title was caused because the lien holder failed to release the lien
or deliver the title document in accordance with § 32-3-44, the dealer may request additional time
to deliver title to the retail purchaser. The dealer's request for an extension shall be made within forty
fifty days of the date of sale. Any request after the forty fifty days shall be denied and the dealer is
in violation of § 32-3-7. The dealer shall provide to the department documentation to support the
steps taken to satisfy the lien in a timely manner and request the title. If the department finds the
request for additional time is substantiated, the department may authorize the issuance of another
temporary license permit not to exceed thirty forty-five days.
Section 3. That § 32-3-26 be amended to read as follows:
32-3-26. In any transfer of a motor vehicle, trailer, or semitrailer, the application for certificate
of title shall be filed within thirty forty-five days after the date of assignment of such motor vehicle,
trailer, or semitrailer. However, licensed dealers need not apply for a certificate of title for any motor
vehicle, trailer, or semitrailer in stock or acquired for stock purposes. Upon transfer of such a vehicle
the licensed dealer shall give the transferee a reassignment of the certificate of title on such motor
vehicle, trailer, or semitrailer or an assignment of a manufacturer's statement of origin or a
manufacturer's certificate of origin.
Section 4. That § 32-3-27 be amended to read as follows:
32-3-27. Except as provided in § 32-3-26 for licensed dealers, if the application for certificate
of title is presented more than thirty forty-five days after date of assignment of the certificate of title
or the manufacturer's certificate of origin of the motor vehicle, trailer, or semitrailer to the purchaser,
the officer receiving the application shall collect, in addition to the fee established in § 32-3-18, a
late fee of one dollar for each week or fraction thereof beyond the thirty-day forty-five day limitation
for twenty-five weeks and a late fee of fifty dollars for twenty-six weeks or more. Any person
applying for a title more than ninety days after the date of assignment is guilty of a Class 2
misdemeanor. If the purchaser of a vehicle fails to comply with the provisions of § 32-3-26 to
transfer the title within thirty forty-five days, and the seller files a written complaint attesting to the
facts, the purchaser is guilty of a Class 2 misdemeanor.
Section 5. That § 32-3-73 be amended to read as follows:
32-3-73. Any dealer, upon the sale and delivery of any new motor vehicle, shall, within thirty
forty-five 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 forty-five 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.
Section 6. That § 32-3A-21 be amended to read as follows:
32-3A-21. Each owner of a large boat subject to titling under §§ 32-3A-20 to 32-3A-32,
inclusive, shall apply to the county treasurer for issuance of a certificate of title for the large boat
within thirty forty-five days after acquisition. The application shall be on forms the department
prescribes, and accompanied by the certificate of title or other acceptable ownership document
previously issued for the boat if the boat is used or the manufacturer's statement of origin if the boat
is new, a bill of sale and the required fee. The application shall contain the date of sale and purchase
price of the large boat or the fair market value if no sale immediately preceded the transfer, and any
additional information the department requires. If the application is made for a large boat last
previously registered or titled in another state or foreign country, the application shall contain this
information and any other information the department requires.
Section 7. That § 32-3A-22 be amended to read as follows:
32-3A-22. If a dealer buys or acquires a used large boat for resale, the dealer may apply for and
obtain a certificate of title as provided in §§ 32-3A-20 and 32-3A-21. If a dealer buys or acquires a
used unnumbered large boat, the dealer shall apply for a certificate of title in the dealer's name within
thirty forty-five days. If a dealer buys or acquires a new large boat for resale, the dealer may apply
for a certificate of title in the dealer's name.
Section 8. 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-32, inclusive, shall assign the
title to the new owner within thirty forty-five 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 forty-five
days of the date of sale. Within thirty forty-five 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 9. 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 forty-five 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 10. That § 32-3A-41 be amended to read as follows:
32-3A-41. If application for certificate of title is presented more than thirty forty-five days after
date of assignment of title or acquisition of the large boat if no title exists or more than thirty forty-five days after assignment of the manufacturer's statement of origin, the officer receiving the
application shall collect, in addition to the regular established fees, a late fee of one dollar for each
week or fraction thereof beyond the thirty-day forty-five day limitation for twenty-five weeks and
a late fee of fifty dollars for twenty-six weeks or more. Any person applying for a title twenty-six
weeks beyond the thirty-day forty-five day limitation is guilty of a Class 2 misdemeanor.
Section 11. That § 32-5-27 be amended to read as follows:
32-5-27. Any dealer, person, firm, 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 forty-five 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 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 that is sold in this state through a dealer's car auction agency licensed under the
provisions of chapter 32-6B.
Section 12. That § 32-6B-26 be amended to read as follows:
32-6B-26. In the case of a vehicle which is sold by a licensed dealer, the dealer may provide a
temporary thirty-day forty-five day license permit. The permit authorizes the operation of the vehicle
upon the highways of this state for a period of thirty forty-five days after the date of sale or until the
time the purchaser receives his regular license plates from the county treasurer, whichever comes
first.
Section 13. That § 32-6B-27 be amended to read as follows:
32-6B-27. A temporary thirty-day forty-five day license permit shall be affixed to the inside
windows, to the front at the lower right-hand corner of the windshield, and to the rear on the lower
left-hand corner of the rear window or to the lower rear portion of the left rear window. In the case
of motorcycles or trailers, the permit shall be affixed in the manner provided for metal number
plates.
Section 14. That § 32-6B-28 be amended to read as follows:
32-6B-28. The owner of a vehicle described in § 32-6B-26, shall within thirty forty-five days
after the date of purchase, apply to the county treasurer of his county the owner's county of residence
for registration and shall possess a bill of sale, or duplicate thereof, or a properly assigned
registration card, which is subject at all times to inspection by a peace law enforcement officer.
Section 15. That § 32-6B-29 be amended to read as follows:
32-6B-29. No dealer may use the temporary thirty-day license permits provided for in § 32-6B-26, upon any vehicle owned by the dealer or for any purpose other than for vehicles sold by the
dealer. No person may renew the temporary thirty-day license permit nor change or alter the date or
other information thereon. A violation of this section is a Class 1 misdemeanor.
Section 16. That § 32-6B-30 be amended to read as follows:
32-6B-30. The department shall prescribe, by rule, the size, color, material, and design of dealers'
demonstration, in-transit, and temporary thirty-day forty-five day license permits to be used by
dealers licensed under this chapter. Every temporary thirty-day forty-five day license permit, or
dealers' demonstration, or in-transit permit, authorized by this chapter shall show the dealer's license
number, which shall be of the dimensions prescribed by the department and shall have a space in
which the dealer shall enter in ink the date upon which the vehicle was delivered to the purchaser
and other information as the department considers necessary. Any dealer may obtain his required
supply of dealers' demonstration or in-transit permits from his own source, but the permit shall
conform to the requirements of the department.
Section 17. That § 32-6C-10 be amended to read as follows:
32-6C-10. If a snowmobile is sold by a licensed dealer, the dealer may provide a temporary
thirty-day forty-five day license permit which is a permit to operate the snowmobile in this state for
a period of thirty forty-five days after the date of sale or until the time the purchaser receives the
regular license decals from the county treasurer, whichever occurs first. No dealer may use the permit
upon any snowmobile owned by the dealer or for any purpose other than for snowmobiles sold by
the dealer. No person may renew the temporary thirty-day license permit nor change or alter the date
or other information thereon on the permit. A violation of this section is a Class 1 misdemeanor.
Section 18. That § 32-7A-17 be amended to read as follows:
32-7A-17. Any transfer or reassignment of a mobile home or manufactured home title shall be
accompanied by an affidavit issued by the county treasurer of the county in which the mobile home
or manufactured home is registered, stating that the current year's taxes are paid. The county treasurer
shall apply the requirements of §§ 10-21-36 to 10-21-39, inclusive, to determine if the current year's
taxes are paid. No title may be transferred until the taxes under § 10-9-3 or 10-21-4 are paid. No
transfer of title may be completed unless the mobile home or manufactured home is registered as
provided in § 10-9-3 or 10-4-2.6. In any event the title or manufacturer's statement of origin shall
be transferred within thirty forty-five days of delivery of the manufactured home or mobile home.
A violation of this section is a Class 2 misdemeanor.
Section 19. That ARSD 61:24:04:07 be amended to read as follows:
61:24:04:07.
30-day 45-day sold permit requirements. A licensed dealer shall issue a
30-day 45-day sold permit which shall comply with the following requirements: Be on white paper no larger
than 8-1/2 by 11 and no smaller than 4 by 6-1/4 and indicate the (1) STATE; (2) DEALER
LICENSE TYPE and EXPIRATION DATE; (3) DEALER NAME, CITY, AND STATE; (4)
DEALER LICENSE NUMBER; (5) DESCRIPTION OF THE VEHICLE; (6) YEAR, MAKE,
AND VEHICLE IDENTIFICATION NUMBER; (7) DATE SOLD: DAY, MONTH, AND YEAR;
and the (8) NAME AND ADDRESS OF THE PERSON WHO PURCHASED THE VEHICLE. The
print on the permit must be of a size of print that is clearly visible and readable at 50 feet.
Section 20. That ARSD 61:24:04:08 be amended to read as follows:
61:24:04:08. Special plate order permit. Any applicant who applies for a special plate shall be
issued a
30-day 45-day "PLATE ORDERED" permit at no charge. The permit is void after
30 45
days or upon receipt of the actual special plate whichever comes first.
Signed February 24, 2015
_______________
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Start Included file @Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\157.wpd
CHAPTER 157
(HB 1113)
Damage and salvage disclosure requirements changed.
ENTITLED, An Act to repeal and revise certain motor vehicle and boat damage and salvage
disclosure requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3-51.5 be amended to read as follows:
32-3-51.5. Any motor vehicle, trailer, or semitrailer whose title has been marked by another state
or jurisdiction, shall receive a title, which shall contain the similar damage disclosure information
as set forth in §§ 32-3-51.7 and 32-3-51.8. However, if the title has been branded as salvage or with
any other similar brand by another state or jurisdiction the applicant shall receive a salvage title or,
at the option of the owner, a junking certificate.
Section 2. That § 32-3-51.7 be repealed.
Section 3. That § 32-3-51.8 be repealed.
Section 4. That § 32-3-51.9 be repealed.
Section 5. That § 32-3-51.10 be repealed.
Section 6. That § 32-3-51.14 be repealed.
Section 7. That § 32-3-51.15 be repealed.
Section 8. That § 32-3-51.18 be amended to read as follows:
32-3-51.18. Any vehicle that is required to be titled pursuant to this chapter and is sold or offered
for sale by a vehicle dealer or a used vehicle dealer as defined in § 32-6B-1 shall display a sticker,
decal, or notice that discloses damage to the vehicle in accordance with the provisions of §§ 32-3-51.7, 32-3-51.8, 32-3-51.14, and 32-3-51.15, as determined by the department in rules promulgated
pursuant to chapter 1-26. A vehicle more than six model years old is not exempt from the provisions
of this section for which the current title denotes a salvage brand or similar brand denoting damage
to that vehicle. The rules shall also department shall promulgate rules pursuant to chapter 1-26 to
prescribe the format and construction of the sticker, decal, or notice. If the dealer fails to comply
with this section, the purchaser of the motor vehicle may return the motor vehicle to the dealer within
ten days after receiving the title, and the dealer shall make a full refund to the purchaser.
Section 9. That § 32-3-51.19 be amended to read as follows:
32-3-51.19. For purposes of §§ 32-3-51.5, 32-3-51.9, 32-3-51.19, 32-3-51.20, and 32-3-51.21,
the term, salvage vehicle, means any motor vehicle as defined in § 32-3-51.10 that an insurer or self
insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather,
submersion in water, or flood. This section does not apply to any motor vehicle more than six ten
model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.
Section 10. That § 32-3-51.21 be amended to read as follows:
32-3-51.21. If an insurer or self insurer declares a vehicle to be a total loss but does not acquire
ownership of the vehicle, the owner shall obtain a salvage title for the vehicle. The insurer or self
insurer shall, in writing, notify the owner of the obligation to obtain a salvage title before the owner
sells or transfers the title. If the owner sells or transfers the ownership of the vehicle without first
obtaining a salvage title, the owner is guilty of a Class 1 misdemeanor. This section does not apply
to any motor vehicle more than
six ten model years old or with a gross vehicle weight rating of more
than sixteen thousand pounds.
Section 11. That § 32-3-51.22 be amended to read as follows:
32-3-51.22. If a stolen vehicle is recovered, the insurer or self insurer shall, within thirty days
of recovery, inspect the vehicle and apply for a title as follows:
(1) If the vehicle has no damage or the damage is less than that defined in § 32-3-51.8 § 32-3-51.19, surrender the existing salvage title to the department. The department shall
promptly issue a title marked as a recovered theft with no damage disclosure salvage
notation pursuant to § 32-3-51.8; or
(2) If the vehicle has damage equal to or greater than that defined in § 32-3-51.8, surrender
the existing salvage title to the department. The department shall promptly issue a title
marked as a recovered theft with the damage disclosure notation pursuant to § 32-3-51.8.
However, if the condition of the vehicle is such that it would have been determined a salvage
vehicle as defined in § 32-3-51.19 due to the damage to the vehicle, the salvage title is retained and
the insurer or self insurer is not required to apply for a title pursuant to this section.
Section 12. That § 32-3A-38 be amended to read as follows:
32-3A-38. The department may upon written request and receipt of a five dollar fee furnish a
person a certified abstract of the title history which shall include any damage disclosure statement
of any boat registered under the provisions of this chapter. The abstract may include all documents
filed with the department to establish the title history of the boat. The fee shall be deposited in the
state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee
requirement.
Section 13. That § 32-3A-38.1 be repealed.
Section 14. That § 32-3A-38.2 be repealed.
Section 15. That § 32-3A-38.3 be amended to read as follows:
32-3A-38.3. The department shall retain each damage disclosure statement received. The
statement shall become part of the title history available to the public pursuant to § 32-3A-38.
Section 16. That § 32-3A-38.4 be repealed.
Section 17. That § 32-3A-38.5 be repealed.
Section 18. That § 32-3A-38.6 be amended to read as follows:
32-3A-38.6. Any large boat that is required to be titled pursuant to this chapter and is sold or
offered for sale by a boat dealer as defined in § 32-3A-2 shall display a sticker, decal, or notice that
discloses previous damage to the large boat in accordance with the provisions of §§ 32-3A-38.1 to
32-3A-38.7, as determined by the department in rules promulgated pursuant to chapter 1-26. A large
boat more than six model years old is not exempt from the provisions of this section. The rules shall
also prescribe the format and construction of the sticker, decal, or notice.
Section 19. That § 32-3A-38.7 be repealed.
Section 20. That § 32-6B-3.2 be amended to read as follows:
32-6B-3.2. Before a South Dakota titled vehicle may be sold by a consignee or at a public auction
pursuant to § 32-6B-3, the consignee or auctioneer shall have in possession an odometer reading
certified by the owner of the motor vehicle, a damage disclosure statement signed by the owner of
the motor vehicle, and a South Dakota title for the motor vehicle. A violation of this section is a
Class 2 misdemeanor.
Section 21. That § 32-6B-36 be amended to read as follows:
32-6B-36. Any auction agency operating under the provisions of this chapter may accept for sale
at its option vehicles which are owned by vehicle dealers regularly licensed in either this or some
other state, or by the following entities if the vehicle is owned and titled by the entity and acquired
incident to its regular business:
(1) Any regulated lender as defined in § 54-3-14 or any financing institution licensed
pursuant to chapter 54-4;
(2) Any financial institution chartered or licensed in any other jurisdiction. However, such
entity is not required to have a title in its name if the entity provides a title in the name of
the customer, a damage disclosure statement as required pursuant to § 32-3-51.8, and
documentation as required by the department to substantiate a repossession transaction;
or
(3) Any insurance company authorized to do business in either this state or some other state.
An auction agency may also accept from any manufacturer any vehicle that is owned by the
manufacturer and that has a manufacturer's certificate of origin or a valid title. Any vehicle with a
manufacturer's certificate of origin sold for a manufacturer may only be offered to the manufacturer's
franchised dealers with the same line vehicle make.
Any vehicle dealer, regularly licensed by this or some other state, may purchase any vehicle from
an auction agency, except as otherwise prohibited by this section. Any auction agency that accepts
for sale any vehicle not authorized by this section is guilty of a Class 1 misdemeanor.
Section 22. That ARSD 61:24:03:05 be amended to read as follows:
61:24:03:05. Contents of consignment contract. The contract required by SDCL chapters 32-6B
and 32-7B must contain, at a minimum, the following information:
(1) The name and address of the consignor (the owner);
(2) The name and address of the consignee (the dealer or auctioneer);
(3) The title number, the year, the make, and the serial number or hull identification number of
the vehicle or boat;
(4) If applicable, the completed odometer disclosure;
(5) The agreed upon price or range;
(6) The agreed-upon amount that the owner is to pay the dealer or auctioneer;
(7) The length of time the vehicle or boat will be with the dealer or auctioneer;
(8) Disclosure by the dealer or auctioneer that the sale is a consignment sale;
(9) If applicable, the completed damage disclosure;
(10) The signature of the owner and the dealer or auctioneer; and
(11)(10) If applicable, the lienholder's information.
Section 23. That ARSD 61:24:03:06 be amended to read as follows:
61:24:03:06. Records to be made available prior to consignment sale. Prior to a consignment
sale, the following documents must be available at the dealership or auction for inspection by the
department at all times after the vehicle, snowmobile, manufactured home, or boat is delivered to
the consignee for sale:
(1) The South Dakota title in the name of the consignor;
(2) A completed and signed consignment sales contract containing the information required in
§ 61:24:03:05;
(3) If not included in the contract, the vehicle's odometer reading certified by the owner; and
(4) If not included in the contract, the vehicle's damage disclosure statement signed by the
owner; and
(5) A seller's permit.
A Federal Trade Commission (FTC) Buyer Guide must be displayed in a vehicle being offered
for sale on consignment on the dealer lot.
Section 24. That ARSD 64:28:03:04.04 be amended to read as follows:
64:28:03:04.04. Design and display of
damage disclosure notice
that discloses a salvage brand
or other similar brand denoting damage to a vehicle. The
damage disclosure notice must be printed
on white NCR (No Carbon Required) paper, measuring four inches by six inches. The original is to
be retained by the dealer and the copy is to be given to the purchaser. The information is to be
printed in 12-point (minimum) Universe Bold capital letters.
Starting at the top of the permit, the permit must contain the following wording:
SOUTH DAKOTA LAW REQUIRES
THE DISCLOSURE OF DAMAGE ON MOTOR
VEHICLES THAT HAVE A GROSS VEHICLE WEIGHT RATING OF 16,000 POUNDS OR
LESS AND ON BOATS A DEALER TO POST A NOTICE ON ANY VEHICLE OR BOAT
THAT HAS A TITLE OR OWNERSHIP DOCUMENT THAT DENOTES A SALVAGE
BRAND OR SIMILAR BRAND DENOTING DAMAGE TO THE VEHICLE OR BOAT.
ACKNOWLEDGEMENT OF NOTICE UPON SALE OF VEHICLE OR BOAT:
THE DOCUMENTS TO THIS VEHICLE OR BOAT INDICATES A DISCLOSURE OF
PRIOR
______ DAMAGE
______ SALVAGE
______ OTHER BRAND DENOTING DAMAGE
____________________________________________________
PRINTED NAME OF PURCHASER
____________________________________________________
PURCHASER'S SIGNATURE DATE
The damage disclosure notice must be posted on the inside of a side window, with the front of
the form facing the outside, so that the notice is clearly visible at all times on each vehicle or boat
that contains a damage disclosure salvage title or similar brand denoting damage to the vehicle that
is offered for sale to consumers. The dealer is responsible for keeping the notice posted at all times
that a vehicle or boat is available for sale to consumers.
At the time of sale of the vehicle or boat, the dealer shall remove the notice and shall have the
purchaser sign and date it. The dealer shall retain the signed notice along with copies of the title
document for five years from the date of the sale.
Section 25. That ARSD 64:28:03:04 be amended to read as follows:
64:28:03:04. Damage disclosure statement.
In addition to the information required by SDCL
32-3-51.8 and 32-3A-38.1, the damage disclosure statement shall require the person completing the
form to state if the vehicle or boat had $5,000 or more of unrepaired damage at the time it was
acquired and to show the nature and location of the damage. Damage in excess of $5,000 must be
reported on each applicable vehicle or boat less than seven years old which is sold in this state.
Damage A damage disclosure statements statement may be obtained from any county treasurer's
office or the Division of Motor Vehicles, 445 E. Capitol, Pierre, South Dakota 57501-3185. The
Division of Motor Vehicles shall provide each licensed dealer in South Dakota with the damage
disclosure statement.
Section 26. That ARSD 64:28:03:04.03 be repealed.
Signed March 4, 2015
_______________
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Start Included file BY:\LMDATA\SESSIONS\90-2015\SESSIO~1\158.wpd
CHAPTER 158
(SB 94)
License fee for electric motorcycle.
ENTITLED, An Act to establish a license fee for electric-powered motorcycles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-9 be amended to read as follows:
32-5-9. License fees and compensation The license fee for use of the highways payable under
§ 32-5-5 shall be: is fourteen dollars and fifty cents for motorcycles any motorcycle with a piston
displacement of less than three hundred fifty cubic centimeters and seventeen dollars for motorcycles
any motorcycle with a piston displacement of three hundred fifty cubic centimeters or more. The
license fee for any motorcycle propelled by an electric motor that draws power from a battery that
is capable of being recharged is the highest fee level authorized by this section.
Signed March 11, 2015
_______________
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Start Included file DY:\LMDATA\SESSIONS\90-2015\SESSIO~1\159.wpd
CHAPTER 159
(SB 22)
Motor vehicle registration, penalty for altering clarified.
ENTITLED, An Act to revise the penalty for altering a registration device issued by a dealer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-103.1 be amended to read as follows:
32-5-103.1. 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 the provisions of this chapter or chapter 32-6B. Any violation of this section
is a Class 6 felony.
Section 2. That § 32-6B-29 be amended to read as follows:
32-6B-29. No dealer may use the temporary thirty-day license permits provided for in pursuant
to the provisions of § 32-6B-26, upon any vehicle owned by the dealer or for any purpose other than
for vehicles sold by the dealer. No person may renew the temporary thirty-day license permit nor
change or alter the date or other information thereon. A violation of this section is a Class 1
misdemeanor.
Signed February 18, 2015
_______________
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Start Included file FY:\LMDATA\SESSIONS\90-2015\SESSIO~1\160.wpd
CHAPTER 160
(SB 128)
Motor vehicle military license plates requirements modified.
ENTITLED, An Act to revise certain provisions concerning the general requirements that vehicle
owners must satisfy before applying for military plates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-156 be amended to read as follows:
32-5-156. Any owner applying for a military specialty plate listed in § 32-5-155 shall meet the
following general requirements:
(1) Be a resident of this state;
(2) Possess a valid South Dakota driver license or a valid South Dakota nondriver
identification card;
(3) Comply with all state laws regarding registration and licensing; and
(4) Pay all associated fees pursuant to §§ 32-5-159 and 32-5-160.
Signed March 11, 2015
_______________
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Start Included file HY:\LMDATA\SESSIONS\90-2015\SESSIO~1\161.wpd
CHAPTER 161
(HB 1035)
Military specialty license plates revised.
ENTITLED, An Act to revise certain provisions regarding military specialty plates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-157 be amended to read as follows:
32-5-157. Any owner applying for a military specialty plate listed in § 32-5-155 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 warrant officer 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 2. That § 32-5-162 be amended to read as follows:
32-5-162. 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 contain a
symbol indicating that the owner is a current or 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.
Signed February 24, 2015
_______________
End Included file HY:\LMDATA\SESSIONS\90-2015\SESSIO~1\161.wpd
Start Included file JY:\LMDATA\SESSIONS\90-2015\SESSIO~1\162.wpd
CHAPTER 162
(SB 93)
Gross receipts tax for electric motorcycles.
ENTITLED, An Act to impose a gross receipts tax on the rental of certain motorcycles in lieu of the
excise tax on motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5B-20 be amended to read as follows:
32-5B-20. There is hereby imposed a tax of four and one-half percent upon the gross receipts of
any person renting a rental vehicle as defined in § 32-5B-19. This provision tax applies to all
vehicles registered in accordance with§ 32-5-6 or, 32-5-8.1, or 32-5-9. Any rental vehicle not
licensed in accordance with§ 32-5-6 or, 32-5-8.1, or 32-5-9 is subject to the motor vehicle excise tax
in § 32-5B-1.
The tax imposed by this section is in addition to any tax levied pursuant to chapter 10-45 or 10-46 upon the rental of a rental vehicle. The provisions of chapter 10-45 apply to the administration
and enforcement of the tax imposed by this section. The tax imposed by this section is in lieu of the
tax levied by § 32-5B-1 on the sales of such motor vehicles. A violation of this section is a Class 1
misdemeanor.
Signed March 10, 2015
_______________
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Start Included file LY:\LMDATA\SESSIONS\90-2015\SESSIO~1\163.wpd
CHAPTER 163
(SB 80)
Towing company exemption
from motor vehicle dealer licensing increased.
ENTITLED, An Act to increase the selling price of a towed vehicle that exempts the seller of the
vehicle from certain vehicle dealer licensing requirements.
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 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 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;
(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;
(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;
(9) Any public officer while performing the officer's official duties;
(10) Any receiver, trustee, personal representative, guardian, or other person appointed by or
acting under the judgment or order of any court;
(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;
(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 one thousand
two hundred dollars;
(13) Any vehicle rental and leasing company that sells its used vehicles to dealers licensed
under this chapter; and
(14) Any South Dakota nonprofit corporation which gives a donated motor vehicle to a needy
family or individual.
Signed March 10, 2015
_______________
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Start Included file NY:\LMDATA\SESSIONS\90-2015\SESSIO~1\164.wpd
CHAPTER 164
(SB 17)
Vehicles subject to lemon law revised.
ENTITLED, An Act to revise the definition of motor vehicles that are subject to the lemon law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 who is entitled by the terms of 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, 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 fifteen 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 that is not in conformity
with the terms of any express warranty issued by the manufacturer to a consumer and 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 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.
Signed March 12, 2015
_______________
End Included file NY:\LMDATA\SESSIONS\90-2015\SESSIO~1\164.wpd
Start Included file PY:\LMDATA\SESSIONS\90-2015\SESSIO~1\165.wpd
CHAPTER 165
(SB 1)
Public highway and bridge financing and improvement.
ENTITLED, An Act to revise certain taxes and fees to fund improvements to public roads and
bridges in South Dakota, to increase the maximum speed limit on interstate highways, and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby created in the state treasury the local bridge improvement grant fund.
Interest earned on money in the fund shall be deposited into the fund. Any money in the fund is
continuously appropriated to the Department of Transportation. Any money deposited into and
distributed from the fund shall set forth in an informational budget as described in § 4-7-7.2.
The Transportation Commission may award grants from the fund to any local government entity
to construct, reconstruct, and repair bridges. The Transportation Commission shall consider the need
for the project and funding mechanisms available to and utilized by the applicant when making a
decision to award a grant. No county may receive a grant from the fund unless such county has
adopted and annually updated its county highway and bridge improvement plan pursuant to the
provisions of section 3 of this Act and has imposed a county wheel tax pursuant to § 32-5A-1.
Section 2. The Transportation Commission shall promulgate rules, pursuant to chapter 1-26,
regarding the application process and timelines, the guidelines and criteria for approval of
applications, and the distribution of funds from the local bridge improvement grant fund. The criteria
for evaluating the projects may include the proximity of other bridges and culverts, alternative routes
available, structural deficiencies, functionality and use of the bridge or culvert, and project costs.
Section 3. The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, to
establish the requirements for a county highway and bridge improvement plan that details proposed
county highway and bridge improvement projects in a county for the next five years. The rules shall
provide for the format of the plan and the time by which an update of the plan must be submitted
each year.
Section 4. That § 32-11-34 be amended to read as follows:
32-11-34. The local government highway and bridge fund is hereby created and appropriated for
the use of counties, municipalities, and townships for the purposes of constructing and maintaining
highways, streets, and bridges on their highway and street systems. Beginning on October 1, 2015,
before each quarterly disbursement is made pursuant to § 32-11-35, the secretary of revenue shall
transfer one million seven hundred fifty thousand dollars to the local bridge improvement grant fund
created pursuant to section 1 of this Act.
Section 5. That § 32-5B-1 be amended to read as follows:
32-5B-1. In addition to all other license and registration fees for the use of the highways, a person
shall pay an excise tax at the rate of three four percent on the purchase price of any motor vehicle,
as defined by § 32-3-1 or 32-5B-21, purchased or acquired for use on the streets and highways of this
state and required to be registered under the laws of this state. This tax shall be in lieu of any tax
levied by chapters 10-45 and 10-46 on the sales of such vehicles. Failure to pay the full amount of
excise tax is a Class 1 misdemeanor.
Section 6. That § 32-5B-1.4 be amended to read as follows:
32-5B-1.4. A licensed motor vehicle dealer who sells new motor vehicles and has a franchise for
that particular motor vehicle may license a new motor vehicle which is part of his the dealer's
inventory. If the dealer licenses the motor vehicle, he the dealer shall title the motor vehicle and pay
the three percent excise tax imposed pursuant to § 32-5B-1 on the manufacturer's suggested dealer
list price. The next purchaser shall be is exempt from the excise tax.
Section 7. 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, biodiesel, biodiesel blends, and aviation
gasoline)--$.22 per gallon as provided pursuant to section 8 of this Act;
(2) Special fuel (except jet fuel)--$.22 per gallon as provided pursuant to section 8 of this
Act;
(3) Aviation gasoline--$.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 as provided pursuant to section 9 of this
Act;
(8) Liquid natural gas--$.14 per gallon; and
(9) Biodiesel and biodiesel blends--as provided pursuant to section 8 of this Act, except when
the conditions as provided in section 10 of this Act are met.
Section 8. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as
follows:
The fuel excise tax rate for motor fuel and special fuel is $.28 per gallon.
Section 9. That chapter 10-47B be amended by adding thereto a NEW SECTION to read as
follows:
The fuel excise tax rate for ethyl alcohol and methyl alcohol fuel is $.14 per gallon.
Section 10. The tax imposed by § 10-47B-4 on biodiesel or biodiesel blends shall be reduced by
two cents per gallon in the quarter after biodiesel production facilities in South Dakota reach a name
plate capacity of at least twenty million gallons per year and fully produce at least ten million gallons
of biodiesel within one year as determined by the secretary of revenue. The secretary shall file a
certification of the determination with the secretary of state and the Legislative Research Council
as the means of determining the rate of tax applied by § 10-47B-4. The provisions of this section are
repealed in the quarter after thirty-five million gallons of taxed biodiesel and biodiesel blended fuel
are sold as determined by the secretary of revenue. The secretary shall file a certification of the
determination with the secretary of state and the Legislative Research Council as the means of
determining the effective date of the repeal of this section.
Section 11. That section 7 of chapter 64 of the 2014 Session Laws, section 12 of chapter 55 of
the 2009 Session Laws, and sections 3, 5, and 6 of chapter 54 of the 2008 Session Laws be repealed.
Section 12. That § 32-5-6 be amended to read as follows:
32-5-6. License fees and compensation on a noncommercial motor vehicle which is an
automobile, pickup truck, or van as provided by § 32-5-5, shall be determined by the manufacturer's
shipping weight, including accessories, as follows:
(1) Two thousand pounds or less, inclusive, thirty thirty-six dollars;
(2) From 2,001 to 4,000 pounds, inclusive, sixty seventy-two dollars;
(3) From 4,001 to 6,000 pounds, inclusive, ninety one hundred eight dollars; and
(4) Over 6,000 pounds,
one hundred twenty one hundred forty-four dollars.
Section 13. That § 32-5-6.3 be amended to read as follows:
32-5-6.3. License fees on a noncommercial motor vehicle which is not an automobile, pickup
truck, or van licensed pursuant to § 32-5-6 shall be determined by the gross weight of the motor
vehicle as defined by subdivision 32-9-1(6), and based on the following:
(1) Eight thousand pounds or less, inclusive, one hundred one hundred twenty dollars;
(2) For each additional 2,000 pounds or major fraction thereof from 8,001 to 20,000 pounds,
inclusive, ten twelve dollars; and
(3) For a vehicle in excess of 20,000 pounds, from July 1, 2015, to June 30, 2016, inclusive,
the total license fee shall be sixty seventy percent of the total license fee established for
commercial vehicles of equivalent weight pursuant to § 32-9-15. On and after July 1,
2016, the total license fee shall be eighty percent of the total license fee established for
commercial vehicles of equivalent weight pursuant to § 32-9-15.
It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this
section at a gross weight in excess of the gross weight for which it has been licensed. If the owner
chooses to lower the registered weight, the plate shall be returned along with any validation decal
and a new plate issued with the correct registered weight.
Section 14. That § 32-5-6.1 be amended to read as follows:
32-5-6.1. License fees for any noncommercial motor home shall be determined by the
manufacturer's shipping weight, including accessories, as follows:
(1) Six thousand pounds or less, inclusive, ninety one hundred eight dollars;
(2) From 6,001 to 8,000 pounds, inclusive, one hundred twenty one hundred forty-four
dollars;
(3) From 8,001 to 10,000 pounds, inclusive, one hundred fifty one hundred eighty dollars;
and
(4) For each additional 2,000 pounds or major fraction thereof, in excess of 10,000 pounds,
thirty thirty-six dollars.
For the purposes of this section, a motor home is a vehicle designed to provide temporary living
quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled
motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
Section 15. That § 32-5-8 be amended to read as follows:
32-5-8. License fees and compensation for any recreational vehicle as defined in § 32-3-1 or for
any noncommercial trailer and semitrailer, for use of the highways payable under pursuant to § 32-5-5 and pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to
§ 32-5-6, shall be determined upon the basis of their actual weight as follows:
(1) One thousand pounds or less, inclusive, fifteen eighteen dollars;
(2) From 1,001 to 2,000 pounds, inclusive, thirty thirty-six dollars;
(3) From 2,001 to 3,000 pounds, inclusive, forty-five fifty-four dollars;
(4) From 3,001 to 4,000 pounds, inclusive, sixty seventy-two dollars;
(5) From 4,001 to 5,000 pounds, inclusive, seventy-five ninety dollars;
(6) From 5,001 to 6,000 pounds, inclusive, ninety one hundred eight dollars;
(7) From 6,001 to 7,000 pounds, inclusive, one hundred five one hundred twenty-six dollars;
(8) From 7,001 to 8,000 pounds, inclusive, one hundred twenty one hundred forty-four
dollars;
(9) From 8,001 to 9,000 pounds, inclusive, one hundred thirty-five one hundred sixty-two
dollars;
(10) From 9,001 to 10,000 pounds, inclusive, one hundred fifty one hundred eighty dollars;
and
(11) For each additional 1,000 pounds or major fraction thereof, in excess of 10,000 pounds,
fifteen eighteen dollars.
Any trailer or semitrailer licensed pursuant to this section may be pulled by a noncommercial
motor vehicle licensed pursuant to § 32-5-8.1 or a commercially licensed motor vehicle if the motor
vehicle is registered at a gross weight to cover the weight of the trailer and its load.
Section 16. That § 32-5-9 be amended to read as follows:
32-5-9. License fees and compensation for use of the highways payable under pursuant to § 32-5-5 shall be: fourteen dollars and fifty cents for motorcycles with a shall be determined by the piston
displacement of less than three hundred fifty cubic centimeters and seventeen dollars for motorcycles
with a piston displacement of three hundred fifty cubic centimeters or more as follows:
(1) Less than three hundred fifty cubic centimeters, eighteen dollars;
(2) Three hundred fifty to one thousand cubic centimeters, inclusive, twenty-one dollars; and
(3) Greater than one thousand cubic centimeters, twenty-four dollars.
Section 17. That § 32-6B-21 be amended to read as follows:
32-6B-21. The department shall issue metal numerical license plates to licensed dealers upon
application and payment of a eighty-four one hundred one dollar yearly fee to be paid at the time of
the annual review date for each set desired. The fees shall be distributed in the manner specified in
§§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively
and shall bear as a prefix the number 77. The plates may be issued for a multiple year period. If a
dealer's license is revoked or canceled or the dealer goes out of business the 77 plates shall be
returned to the department. If any person operates a motor vehicle with 77 plates after the dealer
license is revoked or canceled or after the dealer goes out of business, or if the person refuses to
return the plates, the person is guilty of a Class 2 misdemeanor.
Section 18. That § 32-6B-23 be amended to read as follows:
32-6B-23. The department shall issue to any motorcycle dealer and trailer dealer licensed
pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing a
distinguishing identification number of the licensee. The dealer shall make application to the
department for the plates and pay a fee of twenty twenty-four dollars for each plate. One license plate
shall be displayed on the rear of any motorcycle, or trailer, semitrailer, or travel trailer, owned by the
dealer while traveling on a public highway. Any vehicle owned by the licensed dealer and bearing
the dealers' metal plate may be operated on the streets and highways of this state for any purpose,
including demonstration by a prospective buyer. All money collected pursuant to this section shall
be distributed in the manner specified in § 32-11-2 and §§ 32-11-4.1 to 32-11-9, inclusive.
Section 19. That § 32-6B-36.3 be amended to read as follows:
32-6B-36.3. The department shall issue metal numerical license plates to an auction agency upon
application and payment of a eighty-four one hundred one dollar yearly fee to be paid at the time of
the annual review date for each set desired. Such fees shall be distributed in the manner specified
in §§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered
consecutively and shall bear as a prefix the number "99." The plates may be issued for a multiple
year period. If an auction agency's license is revoked or canceled or the auction agency goes out of
business, the "99" plates shall be returned to the department. If any person operates a motor vehicle
with "99" plates after the auction agency's license is revoked or canceled or after the auction agency
goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2
misdemeanor.
Section 20. That § 10-12-13 be amended to read as follows:
10-12-13. The board of county commissioners may levy an annual tax not to exceed one dollar
and twenty cents per thousand dollars of taxable valuation as a reserve fund to be accumulated and
used for the purpose of matching federal aid grants which have or may hereafter become available
maintaining, repairing, constructing, and reconstructing roads and bridges as follows:
(1) A levy not to exceed one dollar and twenty cents per thousand dollars of taxable
valuation, if the total taxable valuation of the county is one billion dollars or less;
(2) A levy not to exceed ninety cents per thousand dollars of taxable valuation, if the total
taxable valuation of the county is more than one billion dollars but less than two billion
dollars; and
(3) A levy not to exceed sixty cents per thousand dollars of taxable valuation, if the total
taxable valuation of the county is two billion dollars or more.
Moneys in the fund may be expended
in cooperation with the federal government in the laying
out, marking,
maintaining, constructing
, and reconstructing roads and
maintaining, constructing
, and
reconstructing bridges, under the jurisdiction of the board of county commissioners. The tax levy
shall be in addition to all other levies authorized to be made by the board of county commissioners
for road and bridge purposes provided for in § 10-12-21. The proceeds of such levy shall be placed
in a special fund to be known as the
"county highway and bridge reserve fund.
" Any increased tax
levy imposed pursuant to this section is exempt from the provisions of chapter 10-13, if the county
establishes the amount of revenue payable from taxes on real property pursuant to section 21 of this
Act. However, each year thereafter, the county may increase the amount of revenue payable from
property taxes by applying the growth and the index factor pursuant to the provisions of § 10-13-35.
Section 21. The governing body of the county may, by resolution, impose the increased tax levy
provided in § 10-12-13 with an affirmative two-thirds vote of the governing body on or before July
fifteenth. The action of the governing body to authorize an increased tax levy shall be published
within ten days of the action and shall be published at least twice in each legal newspaper designated
by the county. The action to authorize an increased tax levy is subject to the referendum process in
accordance with chapter 7-18A.
Section 22. The voters of an organized civil township at the annual township meeting may
authorize an annual property tax levy not to exceed fifty cents per thousand dollars of the taxable
valuation of the township for the secondary road capital improvement fund for projects and purposes
as defined in section 23 of this Act. The secondary road capital improvement tax levy authorized by
this section is in addition to the levies authorized in §§ 10-12-28 and 31-13-22. Any tax levy
imposed pursuant to this section is exempt from the tax limitations imposed on a township pursuant
to chapter 10-13.
Section 23. The township board of supervisors may establish a secondary road capital
improvement fund for the purpose of constructing, reconstructing, repairing, and maintaining
secondary roads, bridges, and culverts under the jurisdiction of the township board of supervisors.
Section 24. That chapter 31-2 be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Transportation shall establish performance standards designed to measure
the overall condition of the highways and bridges on the state highway system, along with
establishing ten-year goals for maintenance of these conditions. When establishing appropriate
performance standards, the department may include nationally established standards and
measurements required to be reported to the United States Department of Transportation.
The department shall, before the fourth Tuesday in January of each year, report to the Senate and
House standing committees on transportation on the current and projected condition of the highways
and bridges on the state trunk highway system. This report shall include progress on meeting the
ten-year goals for condition of the state highway system. If the projections show the ten-year goals
will not be met, the department shall report the estimated amount of additional funding needed to
achieve the goals.
Section 25. That § 32-5A-1 be amended to read as follows:
32-5A-1. Any Each county may, by ordinance, impose a wheel tax on all motor vehicles, as
defined in § 32-3-1, registered in the county at a rate not to exceed four five dollars per vehicle
wheel. The tax shall be administered and collected by the county. The total vehicle tax may not
exceed sixteen sixty dollars per vehicle.
Section 26. That § 32-25-4 be amended to read as follows:
32-25-4. Except as provided pursuant to § 32-25-7, no person may drive a vehicle upon the
national system of interstate highways at a speed in excess of seventy-five eighty miles per hour. A
violation of this section is a Class 2 misdemeanor.
Section 27. That § 10-47B-14 be repealed.
Section 28. That § 10-47B-15 be repealed.
Section 29. That § 10-47B-16 be repealed.
Section 30. That § 10-47B-17 be repealed.
Section 31. 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 and after April 1, 2015.
Signed March 17, 2015
_______________
End Included file PY:\LMDATA\SESSIONS\90-2015\SESSIO~1\165.wpd
Start Included file RY:\LMDATA\SESSIONS\90-2015\SESSIO~1\166.wpd
CHAPTER 166
(SB 107)
Minor's driver license requirements changed.
ENTITLED, An Act to increase the period an instructor permit is valid and to revise the
requirements to upgrade to an operator's licence or a restricted minor's permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-11 be amended to read as follows:
32-12-11. Any person who is at least fourteen years of age but less than eighteen years of age
applying for a South Dakota operator's license, restricted minor's permit, or instruction permit who
does not currently hold an operator's license, motorcycle operator's license, restricted minor's permit,
motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit that has
been valid continuously for one hundred eighty days, shall apply to the Department of Public Safety
for an instruction permit which shall be held for a minimum of one hundred eighty continuous days.
If an applicant holds an instruction permit that has been valid continuously for one hundred eighty
days, and is still currently valid or that has been expired for thirty days or less,the department shall
waive the knowledge test for the renewal of the instruction permit or to upgrade to an operator's
license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's
permit. If the licensee applies and makes payment of the required fee thirty-one or more days after
the expiration date of the license permit, the licensee shall take the knowledge test as required by
§ 32-12-4 and shall be issued an instruction permit upon passage of the test may take the skill test
for an operator's license. The department may, after the applicant has successfully passed all parts
of the examination other than the driving test and paid a fee which is equal in amount to the fee
prescribed for a license in § 32-12-16, issue to the applicant an instruction permit. The instruction
permit entitles the applicant, while having the permit in the applicant's immediate possession, to
drive a motor vehicle upon the public highways for a period of one year five years during the hours
of 6 a.m. to 10 p.m. if accompanied by a person holding a valid operator's license who is at least
eighteen years of age, has had at least one year of driving experience, and who is occupying a seat
beside the applicant. The applicant is entitled to drive a motor vehicle upon the public highways
during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the
applicant's parent or guardian who is occupying a seat beside the applicant. No holder of an
instruction permit may use any type of wireless communication device while operating a motor
vehicle upon the public highways. The holder of an instruction permit may apply for a restricted
minor's permit or operator's license after holding a valid instruction permit for one hundred eighty
continuous days.
Signed February 26, 2015
_______________
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Start Included file TY:\LMDATA\SESSIONS\90-2015\SESSIO~1\167.wpd
CHAPTER 167
(HB 1041)
Increase certain driver
and commercial driver licensing application fees.
ENTITLED, An Act to increase certain driver and commercial driver licensing application fees and
to dedicate certain revenue for the purpose of operating the driver license program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-16 be amended to read as follows:
32-12-16. The application fee for an original driver license or a renewal of a driver license is
twenty twenty-eight dollars. The fee for a duplicate license, a name change, or an address change is
ten fifteen dollars. The fee shall be credited to the state motor vehicle fund.
Five dollars of every fee for an original or renewal license collected pursuant to this section shall
be used to administer the Division of Highway Patrol.
Section 2. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as
follows:
Except for the portion of the fee used to administer the Division of Highway Patrol pursuant to
§ 32-12-16, all other fees collected pursuant to chapters 32-12 and 32-12A and credited to the state
motor vehicle fund shall remain in the fund for the next fiscal year. These fees may only be used for
purposes of operating the driver licensing program.
Section 3. That § 32-12A-15 be amended to read as follows:
32-12A-15. The application fee for a commercial driver license is twenty-five thirty-three dollars.
For each commercial driver license endorsement knowledge test administered, the fee is ten fifteen
dollars. The fee for a duplicate license, a name change, or an address change is ten fifteen dollars.
The fee shall be credited to the state motor vehicle fund.
Signed March 13, 2015
_______________
End Included file TY:\LMDATA\SESSIONS\90-2015\SESSIO~1\167.wpd
Start Included file VY:\LMDATA\SESSIONS\90-2015\SESSIO~1\168.wpd
CHAPTER 168
(SB 41)
Commercial driver licensing.
ENTITLED, An Act to revise certain provisions pertaining to commercial driver licensing.
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," "Commercial learner's permit" or "CLP," a
permit issued pursuant to § 32-12A-12;
(5) "Commercial motor vehicle" or "(CMV)," 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, 2014 2015;
(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, 2014 2015;
(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 commercial learner's permit
or a commercial driver license 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 learner's permit or 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 commercial learner's permit or
commercial driver license required to permit allow 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, 2014 2015, 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, 2014 2015;
(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, 2014
2015; 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, 2014
2015;
(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," "Nondomiciled CLP or CDL," a commercial learner's permit or
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, 2014 2015;
(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 learner's
permit or commercial driver license, in violation of § 32-12A-6;
(l) Driving a commercial motor vehicle without a commercial learner's permit or
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 learner's permit or
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
learner's permit, 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 a
commercial motor vehicle;
(o) Utilizing a hand-held mobile telephone while driving a commercial motor 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-2 be amended to read as follows:
32-12A-2. To the extent that §§ 32-12A-1 to 32-12A-48, inclusive, 32-12A-49, and 32-12A-50
to 32-12A-56, inclusive, conflict this chapter conflicts with the general driver licensing provisions
of chapter 32-12, §§ 32-12A-1 to 32-12A-48, inclusive, 32-12A-49, and 32-12A-50 to 32-12A-56,
inclusive, prevail chapter 32-12A prevails. Where §§ 32-12A-1 to 32-12A-48, inclusive, 32-12A-49,
and 32-12A-50 to 32-12A-56, inclusive, are this chapter is silent, the general driver licensing
provisions of chapter 32-12 apply.
Section 3. That § 32-12A-4 be amended to read as follows:
32-12A-4. Any driver holding a commercial learner's permit or commercial driver license issued
by the state, who is convicted of violating any state law or local ordinance of any other state, or
federal, provincial, territorial, or municipal law of Canada, relating to motor vehicle traffic control
other than parking violations, shall notify the department in the manner specified by the department
within thirty days of the date of conviction.
Any driver holding a
commercial learner's permit or commercial driver license issued by the
state, who is convicted of violating any state law or local ordinance of any other state, or federal,
provincial, territorial, or municipal law of Canada, relating to motor vehicle traffic control other than
parking violations, shall notify that person's employer in writing of the conviction within thirty days
of the date of conviction.
Any driver whose
commercial learner's permit or commercial driver license is suspended,
revoked, or cancelled by any state, or who loses the privilege to drive a commercial motor vehicle
in any state for any period, including being disqualified from driving a commercial motor vehicle,
or who is subject to an out-of-service order, shall notify that person's employer of such fact before
the end of the business day following the day the driver received notice of that fact.
Any person who applies to be a commercial motor vehicle driver shall provide the employer, at
the time of the application, with the following information for the ten years preceding the date of
application:
(1) A list of the names and addresses of the applicant's previous employers for which the
applicant was a driver of a commercial motor vehicle;
(2) The dates between which the applicant drove for each employer; and
(3) The reason for leaving each employer. The applicant shall certify that all information
furnished is true and complete. An employer may require an applicant to provide
additional information.
Section 4. That § 32-12A-5 be amended to read as follows:
32-12A-5. Each employer shall require the applicant to provide the information specified in § 32-12A-4. No employer may knowingly allow a driver to operate a commercial motor vehicle:
(1) During any period in which the driver has had an operator's license suspended, revoked,
or cancelled by any state, has lost the right to operate a commercial motor vehicle in any
state, is currently disqualified from driving a commercial vehicle, or subject to an
out-of-service order in any state;
(2) During any period in which the driver has more than one operator's license;
(3) During any period in which the employee, or the motor vehicle the employee is driving,
or the motor carrier operation, is subject to an out-of-service order; or
(4) In violation of any federal, state, or local law or regulation pertaining to railroad-highway
grade crossings;
(5) If the driver does not have a current commercial learner's permit or commercial driver
license;
(6) If the driver does not have a current commercial learner's permit or commercial driver
license with the proper class or endorsement; or
(7) The driver is operating a commercial motor vehicle in violation of a restriction on the
driver's commercial learner's permit or commercial driver license.
Section 5. That § 32-12A-6 be amended to read as follows:
32-12A-6. No person may drive a commercial motor vehicle on the highways of this state unless
the person holds and has in immediate possession a commercial learner's permit or commercial
driver license with applicable endorsements valid for the vehicle the person is driving or is driving
under a commercial driver instruction permit. A violation of this section is a Class 2 misdemeanor.
Section 6. That § 32-12A-7 be amended to read as follows:
32-12A-7. Each commercial motor vehicle driver shall meet the minimum standards and
qualifications established under this chapter and in accordance with 49 C.F.R. subpart 383.23 as
amended through January 1, 2011 2015. Each commercial motor vehicle driver shall obtain a
commercial learner's permit or commercial driver license.
Section 7. That § 32-12A-7.1 be amended to read as follows:
32-12A-7.1. No male United States citizen or immigrant who is at least eighteen years of age but
less than twenty-six years of age and who is required to register with the United States Selective
Service System may apply for or be issued a commercial learner's permit, commercial driver license,
renewal, or duplicate pursuant to this chapter unless the applicant is registered, or consents to be
registered as provided in this section, in compliance with the Military Selective Service Act, 50
U.S.C. App. 453, as amended to January 1, 2002.
The Department of Public Safety shall forward in an electronic format the necessary personal
information required for registration of any applicant identified in this section to the United States
Selective Service System. The applicant's submission of the application indicates that the applicant
has already registered with the Selective Service System or that
he the applicant is authorizing the
department to forward to the Selective Service System the necessary information for
such the
registration. The department shall notify the applicant on the application that
his the submission of
the application serves as
his the applicant's consent to be registered with the Selective Service
System if so required by federal law.
Section 8. That § 32-12A-9 be amended to read as follows:
32-12A-9. The following are exempt from the provisions of this chapter:
(1) Operators involved in farm to market transportation movements, at least sixteen years of
age holding a valid operator's license, limited to those operators of a farm vehicle:
(a) Controlled and operated by a farmer;
(b) Used to transport either agricultural products, farm machinery, or farm supplies to
or from a farm; and
(c) Not used in the operations of a common or contract motor carrier;
(2) Operators of emergency fire fighting equipment necessary to the preservation of life or
property or the execution of emergency governmental functions performed under
emergency conditions that are not subject to normal traffic regulation, or nonemergency
conditions when operated by members of a fire fighting agency;
(3) Operators of commercial motor vehicles for military purposes including:
(a) Active duty military personnel;
(b) Members of the military reserves;
(c) Members of the national guard on active duty, including personnel on full-time
national guard duty, personnel on part-time national guard training and national
guard military technicians (civilians who are required to wear military uniforms);
and
(d) Active duty U.S. Coast Guard personnel;
(4) Operators of recreational vehicles; and
(5) Operators of rental transporting equipment used as personal family use vehicles; and
(6) Operators of a covered farm vehicle as defined in 49 CFR 390.5 as of January 1, 2015.
United States reserve technicians are not exempt under the provisions of subdivision (3) of this
section.
Section 9. That § 32-12A-11 be amended to read as follows:
32-12A-11. No person may be issued a commercial learner's permit unless that person is a
resident of this state and has passed the required knowledge test. No person may be issued a
commercial driver license unless that person is a resident of this state, has passed a knowledge and
skills test for driving a commercial motor vehicle that complies with the minimum federal standards
established by federal regulation enumerated in 49 C.F.R. Part 383, Subparts G and H as amended
through of January 1, 2011 2015, and has satisfied all other requirements of the CMVSA in addition
to other requirements imposed by state law or federal regulation. The tests shall be prescribed and
conducted by the department.
The department may authorize a person, an employer, a private driver training facility, other
private institution, a department, agency, or instrumentality of local government, of this state or
another state, to administer the skills test specified by this section, if:
(1) The test is the same which would otherwise be administered by the department; and
(2) The third party has entered into an agreement with the department that complies with
requirements of 49 C.F.R. Part 383.75 as amended through of January 1, 2011 2015.
Failure to comply with agreement may result in termination of the agreement.
The department may waive the skills test specified in this section for a commercial driver license
applicant who meets the requirements of 49 C.F.R. Part 383.77 as
amended through of January 1,
2011 2015.
No
commercial learner's permit or commercial driver license
or commercial driver instruction
permit may be issued to a person while the person is subject to a disqualification from driving a
commercial motor vehicle, or while the person's operator's license or driving privilege is suspended,
revoked, or cancelled in any state; nor may a commercial driver license be issued to a person who
has a commercial driver license, noncommercial driver license, noncommercial instruction permit
or commercial
driver instruction learner's permit issued by any other state unless the person first
surrenders all such licenses or permits, which shall be destroyed by the department. The issuing
jurisdiction shall be notified that the licensee has applied for a commercial learner's permit or
commercial driver license or commercial driver instruction permit in a new jurisdiction. A violation
of this provision is a Class 2 misdemeanor.
Section 10. That § 32-12A-12 be amended to read as follows:
32-12A-12. A commercial drivers instruction learner's permit may be issued to an individual
sixteen a person eighteen years of age who holds a valid operator's license.
No commercial
driver instruction learner's permit may be issued for a period to exceed
six
months. Only one renewal of a commercial driver instruction permit shall be granted within a
two-year period one hundred eighty days. A commercial learner's permit may be renewed once in
the one-year period from the issuance date for an additional one hundred eighty days without the
holder having to retake each general and endorsement knowledge test. A score for a successfully
completed segment of the skills test is only valid during initial issuance of the commercial learner's
permit. If the permit is renewed, the person shall retake each segment of the skills test. A commercial
learner's permit holder is not eligible to take the skills test in the first fourteen days after initial
issuance of the permit.
The holder of a commercial
driver instruction learner's permit may, unless otherwise disqualified,
drive a commercial motor vehicle only if accompanied by the holder of a commercial driver license
with the proper class and endorsements necessary to operate the commercial motor vehicle, who is
twenty-one years of age,
has a valid license for the type of vehicle driven, and occupies a seat beside
the individual and is at all times physically present in the front seat of the vehicle next to the permit
holder or if in a passenger vehicle directly behind the driver, and at all times has the permit holder
under observation and direct supervision for the purpose of giving instruction in driving the
commercial motor vehicle.
Section 11. That chapter 32-12A be amended by adding thereto a NEW SECTION to read as
follows:
A commercial learner's permit holder is not eligible to take the skills test in the first fourteen days
after initial issuance of the permit. A commercial learner's permit may only be issued with passenger,
school bus, or tanker endorsements. No other commercial endorsement is allowed on a commercial
learner's permit. A commercial learner's permit holder with a passenger (P) or school bus (S)
endorsement shall have a restriction for no passengers (P) in a commercial motor vehicle. No
commercial learner's permit holder may operate a commercial motor vehicle carrying passengers
other than federal and state auditors and inspectors, test examiners, other trainees, and the
commercial driver license holder accompanying the commercial learner's permit holder. A
commercial learner's permit holder with a tank vehicle (N) endorsement shall have a no cargo
restriction (X) in a commercial motor vehicle tank vehicle. A commercial learner's permit holder
may only operate an empty tank vehicle and may not operate any tank vehicle that previously
contained hazardous materials that has not been purged of any residue.
Section 12. That § 32-12A-13 be amended to read as follows:
32-12A-13. The department may issue a nonresident CDL nondomiciled commercial learner's
permit or commercial driver license to:
(1) A person who is domiciled in a foreign jurisdiction whose commercial motor vehicle
testing and licensing standards, as determined by the administrator of the Federal Motor
Carrier Safety Administration, do not meet the testing standards established in 49 C.F.R.
Part 383 as amended through January 1, 2011 2015;
(2) A person who is domiciled in a state whose commercial driver licensing program has been
decertified by the administrator of the Federal motor Motor Carrier Safety Administration.
The word,
nonresident nondomiciled, shall appear on the face of the
nonresident CDL
nondomiciled commercial learner's permit or commercial driver license. An applicant shall surrender
any
nonresident CDL nondomiciled commercial learner's permit or commercial driver license issued
by another state. The holder of a
nonresident CDL nondomiciled commercial learner's permit or
commercial driver license is subject to the same disqualifications and conditions applicable to a
commercial learner's permit or commercial driver license issued to a person domiciled in this state.
A
nonresident nondomiciled commercial learner's permit or commercial driver license issued
pursuant to subdivision (1) of this section may be renewed only upon presentation of valid
documentary evidence that the applicant is authorized to stay in the United States. The department
may renew a
nonresident nondomiciled commercial driver license without a skills or knowledge test
if the license has been expired for a period less than one year.
Section 13. That § 32-12A-14 be amended to read as follows:
32-12A-14. The application for a commercial learner's permit or commercial driver license or
commercial instruction permit, shall include the following:
(1) The full legal name and current mailing and residential address of the applicant;
(2) A physical description of the applicant including sex, height, weight, and eye color;
(3) Date of birth;
(4) The applicant's social security number;
(5) The applicant's signature;
(6) The applicant's color photograph;
(7) Certifications including those required by 49 C.F.R. Part 383.71(a) as amended through
January 1, 2011 2015;
(8) A consent to release driving record information; and
(9) The names of
all states each state where the applicant has previously been licensed to
drive any type of motor vehicle during the ten-year period immediately preceding the date
of the application.
Section 14. That § 32-12A-14.1 be amended to read as follows:
32-12A-14.1. Any applicant under the provisions of this chapter shall, on making application for
a commercial learner's permit or commercial driver license, present to the examiner at least two
documents containing the applicant's name and address of principal residence as defined in § 32-12-1
in order to establish the applicant's address of principal residence.
Section 15. That § 32-12A-17 be amended to read as follows:
32-12A-17. No person who has been a resident of this state for thirty days may drive a
commercial motor vehicle under the authority of a commercial learner's permit or commercial driver
license issued by another jurisdiction.
Section 16. That § 32-12A-20 be amended to read as follows:
32-12A-20. The commercial driver license shall be marked
", Commercial Driver License,
" shall
be, to the maximum extent practicable, tamper proof, and shall include the following information:
(1) The full legal name, address of principal residence, and mailing address of the licensee;
(2) A full facial digital photograph of the licensee;
(3) A distinguishing number assigned to the licensee;
(4) A physical description of the licensee, including sex, height, weight, and eye color;
(5) Date of birth;
(6) An indication if the licensee is a donor pursuant to chapter 34-26;
(7) The licensee's signature;
(8) The class of commercial motor vehicle or vehicles which the licensee is authorized to
operate, including any endorsements or restrictions;
(9) The name of this state;
(10) The dates between which the commercial driver license is valid;
(11) A barcode on the back of the license containing the name of this state, the information
printed on the license, and the card design revision date indicating the most recent change
or modification to the visible format of the card;
(12) A security marking approved by the United States Department of Homeland Security
reflecting the level of compliance with 6 C.F.R. Part 37 as amended through of January
1, 2009 2015; and
(13) An indication if the licensee is a veteran pursuant to the provisions of § 32-12A-20.2.
Section 17. That § 32-12A-20.2 be amended to read as follows:
32-12A-20.2. A designation that the licensee is a veteran shall be indicated on the license or
permit issued pursuant to this chapter if the licensee:
(1) Is an honorably discharged veteran having served in the armed forces of the United States;
(2) Has requested the designation on the license or permit; 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 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.
Section 18. That § 32-12A-21 be amended to read as follows:
32-12A-21. The holder of a valid commercial learner's permit or commercial driver license may
drive any vehicle in the class for which that license is issued, and any lesser class of vehicle, except
a motorcycle. No person may drive a vehicle requiring an endorsement unless the proper
corresponding endorsement appears on that person's commercial learner's permit or commercial
driver license. A commercial learner's permit or commercial driver license may be issued with the
following classifications:
(1) Class A Combination Vehicle. Any combination of commercial motor vehicles and towed
vehicles with a gross vehicle weight rating of twenty-six thousand one or more pounds
if the gross vehicle weight rating of the vehicles being towed are in excess of ten thousand
pounds. This class includes:
(a) Any vehicle designed to transport sixteen or more passengers, including the driver;
and
(b) Any vehicle used in the transportation of hazardous materials that require the
vehicle to be placarded under 49 C.F.R. Part 172, Subpart F, as amended through
of January 1, 2011 2015;
(2) Class B Heavy Straight Vehicle. Any single commercial motor vehicle with a gross
vehicle weight rating of twenty-six thousand one or more pounds or any such commercial
motor vehicle towing a vehicle with a gross weight rating not exceeding ten thousand
pounds. This class includes:
(a) Any vehicle designed to transport sixteen or more passengers, including the driver;
and
(b) Any vehicle used in the transportation of hazardous materials which require the
vehicle to be placarded under 49 C.F.R. Part 172, Subpart F, as amended through
of January 1, 2011 2015;
(3) Class C Small Vehicle. Any single vehicle, or combination of vehicles, that meet neither
the definition of class A nor that of class B as contained in this section. This class
includes any vehicle designed to transport sixteen or more passengers, including the
driver, or is used in the transportation of hazardous materials which require the vehicle
to be placarded under 49 C.F.R. Part 172, Subpart F, as
amended through of January 1,
2011 2015.
Section 19. That § 32-12A-23 be amended to read as follows:
32-12A-23. Restrictions to a commercial learner's permit or commercial driver license shall be
as follows:
(1) B L--Operation only of a commercial motor vehicle which is not equipped with air
brakes;
(2) J M--Operation only of a Class B and C commercial passenger vehicle;
(3) K N--Operation only of a Class C commercial passenger vehicle;
(4) W--Operation only of a restricted CDL; and
(5) V--Operation only if driver has received a medical variance that allows the driver to be
issued a medical certificate;
(6) E--Operation only of an automatic transmission commercial motor vehicle;
(7) K--Operation only if driving intrastate;
(8) O--No operation of a tractor-trailer commercial motor vehicle; and
(9) Z--No operation of a fully air brake equipped commercial motor vehicle.
Section 20. That chapter 32-12A be amended by adding thereto a NEW SECTION to read as
follows:
In addition to the restrictions provided pursuant to the provisions of § 32-12A-23, a commercial
learner's permit may also have the following restrictions:
(1) P--For no passengers in a commercial motor vehicle; and
(2) X--For no cargo in a commercial motor vehicle tank vehicle.
Section 21. That § 32-12A-24 be amended to read as follows:
32-12A-24. No person under the age of eighteen may receive an endorsement on a commercial
driver license to drive a school bus. Any school bus endorsed driver operating with an intrastate
restriction shall meet all requirements of 49 C.F.R. Part 391 Subpart E as amended through of
January 1, 2011 2015, in the area of physical qualifications.
Section 22. That subdivision (7) of § 32-12A-24.1 be amended to read as follows:
(7) Submit a separate signed statement from an ophthalmologist or optometrist that the
applicant has been examined and does not have diabetic retinopathy and meets the vision
standards in 49 C.F.R. 391.41 (b)(10), as amended through of January 1, 2011 2015, or
has been issued a valid medical exemption. If the applicant has any evidence of diabetic
retinopathy, the applicant shall be examined by an ophthalmologist and submit a signed
statement from the ophthalmologist that the applicant does not have unstable advancing
disease of blood vessels in the retina, known as unstable proliferative diabetic retinopathy.
Section 23. That § 32-12A-28 be amended to read as follows:
32-12A-28. Before issuing a commercial learner's permit or commercial driver license, the
department shall obtain driving record information through the commercial driver license
information system and the national driver register no earlier than twenty-four hours prior to
issuance. Before issuing a commercial learner's permit or commercial driver license, if the
information was not provided in a prior licensing cycle, the department shall request the applicant's
complete driving record from all states where the applicant was previously licensed over the last ten
years to drive any type of motor vehicle.
Section 24. That § 32-12A-26 be amended to read as follows:
32-12A-26. If a person's commercial learner's permit or commercial driver license bearing a
school bus endorsement is suspended or revoked pursuant to this chapter, the Department of Public
Safety shall, upon the suspension or revocation, notify the Department of Education. The Department
of Education shall notify the school district or school bus contracting company for which the person
is employed of the suspension or revocation. The notification may be done by first class mail.
Section 25. That § 32-12A-29 be amended to read as follows:
32-12A-29. Within twenty-four hours after issuing a commercial learner's permit or commercial
driver license, the department shall notify the commercial driver license information system of the
issuance, providing all information required to ensure identification of the licensee.
Section 26. That § 32-12A-30 be amended to read as follows:
32-12A-30. A commercial driver license issued pursuant to this chapter, expires on the licensee's
birthday in the fifth year following the issuance of the license. Any nonresident nondomiciled
commercial driver license expires on the date of expiration of the applicant's licensee's authorized
stay in the United States as determined by the systematic alien verification for entitlements system
or alternate method approved by the United States Department of Homeland Security or, if there is
no expiration date, for a period no longer than one year from date of issuance. However, no
nonresident nondomiciled commercial driver license may expire on a date later than the licensee's
birthday in the fifth year following the issuance of the license.
Section 27. That § 32-12A-32 be amended to read as follows:
32-12A-32. The secretary of Public Safety public safety may suspend, revoke, disqualify, or
cancel the commercial driving privilege or license learner's permit, commercial driver license, or
driving privilege of a person after opportunity for hearing pursuant to chapter 1-26, if hearing is
demanded, upon a showing by its records or other sufficient evidence that the licensee:
(1) Has been convicted of an offense for which mandatory suspension, revocation, or
disqualification of license is required;
(2) Appears by the records of the department to be an habitually reckless or negligent
operator of a motor vehicle or to have repeatedly violated any of the state traffic laws,
municipal ordinances which that are in strict conformity with state law and adopted by a
local authority other than regulations governing parking, traffic laws of another state, or
any of the county speed limits set pursuant to law. The secretary of Public Safety public
safety shall implement the method of weighing traffic convictions provided in § 32-12-49.1;
(3) Is physically or mentally incompetent to drive a motor vehicle;
(4) Has violated § 32-12-17.3, 32-12-17.4, 32-12-17.5, 32-12-17.6, 32-12-67, 32-12-69, 32-12-70, or 32-12-71;
(5) Has committed an offense in another state, which if committed in this state, would be
grounds for suspension, revocation, or disqualification;
(6) Has failed to pay a fine or comply with the terms of a citation issued in the state;
(7) Has failed to pay a fine or comply with the terms of a citation issued by a state covered
by the nonresident violators compact; or
(8) Has made a false statement or representation or fails to disclose a material fact in order
to obtain a driver license.
In determining whether a
commercial learner's permit, commercial driver license
, or
driving
privilege should be suspended or revoked under this section, the director may not consider any
offense that is more than four years old.
Section 28. That § 32-12A-33 be amended to read as follows:
32-12A-33. Any person who makes a false statement or representation, or knowingly fails to
disclose a material fact in order to obtain a commercial learner's permit or commercial driver license
is guilty of a Class 1 misdemeanor and is subject to at least a sixty-day one year suspension or
disqualification of that person's license and privileges. Each false statement or representation or
failure to disclose a material fact constitutes a separate offense.
Section 29. 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
learner's permit, 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 learner's permit or 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 subsections 32-12A-1(31)(n) and (o), and §§ 32-12A-40 and 32-12A-41.
Section 30. That § 32-12A-40 be amended to read as follows:
32-12A-40. Any person is disqualified from driving a commercial motor vehicle for a period of
not less than sixty days if convicted within a three-year period of two serious traffic violations
committed while operating a commercial motor vehicle. Any person is disqualified from driving a
commercial motor vehicle for a period of not less than sixty days if convicted within a three-year
period of two serious traffic violations committed while operating a noncommercial motor vehicle
and either conviction results in the revocation, cancellation, or suspension of the CDL holder's
license commercial learner's permit, commercial driver license, or noncommercial driving privileges
privilege.
Section 31. That § 32-12A-41 be amended to read as follows:
32-12A-41. Any person is disqualified from driving a commercial motor vehicle for not less than
one hundred twenty days if convicted within a three-year period of three serious traffic violations
committed while operating a commercial motor vehicle. Any person is disqualified from driving a
commercial motor vehicle for a period of not less than one hundred twenty days if convicted within
a three-year period of three serious traffic violations committed while operating a noncommercial
motor vehicle and any of these convictions result in the revocation, cancellation, or suspension of
the CDL holder's license commercial learner's permit, commercial driver license, or noncommercial
driving privileges. Any disqualification period imposed under this section shall be in addition to any
other previous period of disqualification.
Section 32. That § 32-12A-42 be amended to read as follows:
32-12A-42. The department shall, upon receipt of a conviction, update its records to reflect any
action that results in the disqualification of a nonresident's commercial driving privileges. No later
than ten days after disqualifying a commercial learner's permit or commercial driver license holder
permitted or licensed by another state or revoking, suspending, or canceling an out-of-state
commercial learner's permit or commercial driver license holder's privilege to operate a commercial
motor vehicle for at least sixty days, the department shall notify the state that issued the license of
the disqualification, revocation, suspension, or cancellation. The notification shall include both the
disqualification and the violation that resulted in the disqualification, revocation, suspension, or
cancellation.
Section 33. That § 32-12A-48 be amended to read as follows:
32-12A-48. The secretary of the Department of Public Safety may promulgate rules, pursuant
to chapter 1-26, in the following areas:
(1) Definitions;
(2) Commercial driver license waivers;
(3) Single license requirement;
(4) Notification requirements and employer responsibilities;
(5) Federal disqualifications and penalties;
(6) Testing and licensing procedures;
(7) Vehicle groups and endorsements;
(8) Required knowledge and skills;
(9) Tests;
(10) Background check requirements;
(11) Commercial learner's permit and commercial driver license document documents; and
(12) Other rules necessary to implement the provisions of C.F.R. 49, Chapter 3, Subchapter
B, parts 383, 384, 390, 391, and 392, inclusive, as
amended through of January 1,
2011
2015.
Section 34. That ARSD 61:25:04:18 be amended to read as follows:
61:25:04:18. Test administration.
Skill tests must Each skill test shall be conducted in
accordance with the provisions in 49 C.F.R. 383, Subparts G and H
(January 1, 2011) as of January
1, 2015.
Skill tests must Each skill test shall be conducted as follows:
(1) On a test routes route approved by the department as indicated in § 61:25:04:11;
(2) In a vehicle that is representative of the class and type of vehicle for which the commercial
driver license applicant seeks to be licensed and for which the third-party examiner is qualified to
test; and
(3) With approved content, forms, and scoring procedures provided by the department.
A person who trains a commercial driver license applicant to drive a commercial motor vehicle
may not also act as the third-party tester or third-party examiner for that applicant. The department
reserves the right to test or re-examine any applicant certified by a third-party examiner.
Section 35. That § 32-12A-50 be amended to read as follows:
32-12A-50. Notwithstanding any law to the contrary, a person may drive a commercial motor
vehicle in this state if the person has a valid commercial learner's permit or commercial driver
license or commercial driver license instruction permit issued by any state or province or territory
of Canada or if the person has a valid licencia federal de conductor (federal license of driver) issued
by Mexico in accordance with the minimum federal standards for the issuance of commercial motor
vehicle driving licenses, if the person is not suspended, revoked, or cancelled, and if the person is
not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order. The
department shall give any out-of-state conviction full faith and credit and treat it, for sanctioning
purposes under this chapter, as if it had occurred in this state.
Section 36. That § 32-12A-52 be amended to read as follows:
32-12A-52. Any person is disqualified from driving a commercial motor vehicle for a period of
one hundred eighty days if convicted of a first violation of an out-of-service order.
If a violation of an out-of-service order pursuant to this section occurred while transporting
hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as
amended
through of January 1,
2011 2015, or while operating a motor vehicle designed to transport sixteen
or more passengers, including the driver, the operator is disqualified for a period of one hundred
eighty days.
Section 37. That § 32-12A-53 be amended to read as follows:
32-12A-53. Any person is disqualified from driving a commercial motor vehicle for a period of
two years if convicted of two violations of out-of-service orders in separate incidents during a ten-year period.
If the violations of out-of-service orders pursuant to this section occurred while transporting
hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as
amended
through of January 1,
2011 2015, or while operating a motor vehicle designed to transport sixteen
or more passengers, including the driver, the operator is disqualified for a period of three years.
Section 38. That § 32-12A-54 be amended to read as follows:
32-12A-54. Any person is disqualified from driving a commercial motor vehicle for a period of
three years if convicted of three or more violations of out-of-service orders in separate incidents
during a ten-year period.
If the violations of out-of-service orders pursuant to this section occurred while transporting
hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as
amended
through of January 1,
2011 2015, or while operating a motor vehicle designed to transport sixteen
or more passengers, including the driver, the operator is disqualified for a period of five years.
Section 39. That § 32-12A-55 be amended to read as follows:
32-12A-55. Any No person whose commercial learner's permit, commercial license, or privilege
to drive a motor vehicle on public highways has been revoked, suspended, or disqualified may not
have the license or privilege renewed or restored unless the period of revocation, suspension, or
disqualification has expired. The period of revocation, suspension, or disqualification shall begin on
the date the revoked, suspended, or disqualified license is received by the Department of Public
Safety or the court, or on the date the suspension order is effective for failure to comply with a
citation. At the expiration of the period of revocation, suspension, or disqualification, a person may
make application for license reinstatement as provided by law and shall pay a license reinstatement
fee of fifty dollars, plus any application fees imposed by § 32-12A-15. A person making application
following a revocation shall fulfill all knowledge examination requirements of a new applicant. A
person making application for a commercial learner's permit or commercial driver license following
a disqualification shall fulfill all examination requirements of a new applicant.
Section 40. That § 32-12A-58 be amended to read as follows:
32-12A-58. The state hereby adopts Title 49 of the Code of Federal Regulations, chapter 3,
subpart B, parts 383 and 384, inclusive, June 17, 1994, as amended through as of January 1, 2011
2015.
Section 41. That § 32-12A-62 be amended to read as follows:
32-12A-62. Any disqualification imposed in accordance with the provisions of 49 C.F.R. part
383.52 as amended through of January 1, 2011 2015, relating to notification from the Federal Motor
Carrier Safety Administration that the driver is disqualified from driving a commercial motor vehicle
and is determined to constitute an imminent hazard becomes a part of the driver's record maintained
by the department.
Section 42. That § 32-12A-63 be amended to read as follows:
32-12A-63. The department 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 chapter 32-35. The
abstract shall include enumeration of any motor vehicle accident in which the person has been
involved, the person's medical certification status, and reference to any conviction of the person for
a violation of any motor vehicle law as reported to the department. The department shall collect five
dollars for each abstract. The fee shall be credited to the state motor vehicle fund. No governmental
entity or subdivision is subject to this fee.
The department shall furnish, upon request and a payment of a fee of five dollars, full
information regarding the driver record for the last three years of a person who has been issued a
commercial learner's permit or commercial driver license to an employer or to a prospective
employer if the person has given written consent to the employer or prospective employer to obtain
this information. The department shall furnish this same information to the driver upon the payment
of a fee of five dollars. The information shall include the person's medical certification status, any
disqualification, and any other licensing action for a violation of any state or local law relating to
motor vehicle traffic control, other than a parking violation committed in any type of vehicle. The
fee shall be credited to the state motor vehicle fund. No governmental entity or subdivision is subject
to this fee.
Section 43. That § 32-12A-64 be amended to read as follows:
32-12A-64. The state may not mask, defer imposition of judgment, or permit any person to enter
into a diversion program that would prevent a CDL driver's commercial learner's permit or
commercial driver license holder's conviction for any violation, in any type of motor vehicle, of a
state or local traffic control law except a parking violation from appearing on the driver's record,
whether the driver was convicted for an offense committed in the state, in the state where the driver
is licensed, or in another state.
Section 44. That § 32-12A-65 be amended to read as follows:
32-12A-65. If a commercial learner's permit or commercial driver license holder's medical
certification or medical variance expires, or if the Federal Motor Carrier Safety Administration
notifies the department that a medical variance was removed or rescinded, the department shall do
the following:
(1) Notify the commercial learner's permit or commercial driver license holder that his or her
medical certification or variance is not valid and that the commercial learner's permit or
commercial driver license privilege will be removed from the driver license unless the
driver submits a current medical certificate or medical variance or changes his or her self-certification to driving only in excepted or intrastate commerce; and
(2) Downgrade the driver's commercial driver license to a noncommercial driver license
, or
cancel a commercial learner's permit, within sixty days of the driver's medical certification
status becoming noncertified to operate a commercial motor vehicle.
Section 45. That ARSD 61:25:01:01 be amended to read as follows:
61:25:01:01. Commercial driver license standards, requirements, and penalties. The commercial
driver license standards, requirements, and penalties adopted by the U.S. Department of
Transportation in 49 C.F.R. Parts 383, 390, 391, and 392
(January 1, 2011) as of January 1, 2015,
and amendments to 49 C.F.R. Parts 383, 390, 391, and 392 as published in 53 Federal Register
39,044 to 39,052, inclusive
(January 1, 2011) as of January 1, 2015, are the rules of South Dakota
Department of Public Safety to the extent authorized by SDCL 32-12A-48 for the licensing of
commercial motor vehicle operators. The rules provide for definitions, single license requirements,
testing and licensing procedures, vehicle groups and endorsements, required knowledge and skills,
tests, commercial driver license documents, disqualification, and penalties.
Section 46. That ARSD 61:25:04:01 be amended to read as follows:
61:25:04:01. Definitions. Terms used in this chapter mean:
(1) "Department," South Dakota Department of Public Safety;
(2) "CDL," commercial driver license;
(3) "CLP," commercial learner's permit;
(4) "FMCSA," Federal Motor Carrier Safety Administration;
(4)(5) "FMCSR," federal motor carrier safety regulations promulgated by the U. S. Department
of Transportation in 49 C.F.R. 390 (January 1, 2011) as of January 1, 2015;
(5)(6) "Approved testing program," the skill tests for a CDL required by 49 C.F.R. 383 Subpart
E (January 1, 2011) as of January 1, 2015;
(6)(7) "License," "Certificate," the document issued to a third-party tester authorizing the tester
to administer the approved testing program on behalf of the department and to an examiner to
conduct skills tests;
(7)(8) "Third-party tester," an employer, a government entity, an association, or educational
institution which is licensed by the department to administer the approved testing program for CDL
applicants in accordance with this chapter;
(8) "Examiner identification card," a card issued to an individual approved by the department
as a qualified examiner, which authorizes the individual to conduct the approved testing program;
(9) "Third-party examiner," an individual who is on the payroll of a third-party tester and who
has been issued an examiner
identification card certificate by the department.
Section 47. That ARSD 61:25:04:04 be amended to read as follows:
61:25:04:04. Requirements for third-party examiner records. Each third-party examiner record
must include the following:
(1) A valid examiner identification card certificate issued by the department upon meeting
qualifications the requirements as indicated in § 61:25:04:06, including name, and residential
address, and social security number;
(2) A copy of the third-party examiner's current driving record, which must be updated annually;
and
(3) Evidence that the third-party examiner is under the direction or control of the third-party
tester who filed his or her third-party examiner application, either as an independent contractor or
an employee.
Section 48. That ARSD 61:25:04:05 be amended to read as follows:
61:25:04:05. Requirements for third-party testers. To be licensed, a third-party tester shall meet
the following requirements:
(1) Apply to the department as provided in § 61:25:04:08 and enter into an agreement with the
department;
(2) Maintain a place of business with at least one permanent regularly occupied structure in this
state;
(3) Direct or control at least one qualified third-party examiner approved by the department. A
third-party tester may also be a third-party examiner;
(4) Agree to allow the department to set a ceiling, up to $90, on the fee that the third-party tester
can charge an applicant for each attempt to successfully complete the skill tests;
(5) Allow FMCSA, its representatives, and the department to conduct random examinations,
inspections, and audits without prior notice;
(6) Allow the department to conduct annual on-site inspections;
(7) Maintain for four two years the original record completed commercial driver licensing skills
test scoring sheet of each driver for whom the third-party tester conducts a skills test, whether or not
the driver passes or fails the test at an approved location within the state;
(8) Maintain a record of each third-party examiner under the direction or control of the
third-party tester at an approved location and retain the record for at least two years after the
third-party examiner leaves the direction or control of the third-party tester;
(9) Ensure that the skill tests are conducted in accordance with the requirements of §
61:25:04:18;
(10) Provide documented proof, using a form provided by the department, to each driver
applicant who takes and passes the required skill tests that the applicant can present to the
department as evidence that the applicant has successfully passed the driving tests administered by
the third party Enter each test score into the Commercial Skills Test Information Management
System;
(11) Meet all requirements of state law, federal law, and local ordinances; and
(12) Send a copy of testing records to the department by the 15th day of each month.
Section 49. That ARSD 61:25:04:06 be amended to read as follows:
61:25:04:06. Requirements for third-party examiners. Third-party examiners may conduct skill
tests on behalf of only one third-party tester at any given time. If a third-party examiner leaves the
direction or control of a third-party tester, the examiner shall reapply and be approved for a new
examiner
identification card certificate in order to conduct tests on behalf of a new third-party tester.
To qualify as a third-party examiner, an individual shall meet the following requirements:
(1) Apply to the department as provided in § 61:25:04:09;
(2) Be under the direction or control of the third-party tester who filed the individual's
third-party examiner application, either as an independent contractor or an employee;
(3) Have successfully completed a department-sanctioned commercial driver license examiner
training course. At a minimum upon completion of the training the third-party examiner shall have
acquired and demonstrated the following knowledge and skills;
(a) A comprehensive understanding of all information in the commercial driver license driver's
manual;
(b) A working knowledge of the commercial driver license examiner's manual;
(c) Ability to administer and score correctly each of the commercial driver license skill tests;
and
(d) Knowledge of testing site and route requirements;
(4) Make a commitment to take part in all training courses, workshops, and seminars offered
upon request from the department;
(5) Within the three years prior to application, have had no conviction for driving while
intoxicated, and have had no conviction for a violation, while in a motor vehicle, of the provisions
of SDCL 22-42-5 to 22-42-11, inclusive, 22-42A-3 or 22-42A-4;
(6) Within the three years prior to application, have had no driver's license suspensions,
revocations, cancellations, or disqualifications; and
(7) Conduct skill tests on behalf of the third-party tester in accordance with this chapter; and
(8) Hold a valid commercial driver license with the appropriate CDL group designation and all
endorsements required for operation of the commercial motor vehicle used in the skills tests
conducted by the examiner.
Section 50. That ARSD 61:25:04:07 be amended to read as follows:
61:25:04:07. Specific requirements for certain third-party testers. In addition to the requirements
listed in § 61:25:04:05, all third-party testers who are not governmental entities or an association
shall meet the following requirements:
(1) Entities other than proprietary schools and other educational institutions:
(a) Employ a safety officer or designate an official who is responsible for the third-party
testing operation;
(b) Have been in operation in South Dakota for a minimum of two years; and
(c) If subject to the FMCSR, maintain a safety rating of satisfactory as provided in 49 C.F.R.
385.11 (January 1, 2011) as of January 1, 2015;
(2) Proprietary schools and other educational institutions:
(a) Have an established commercial motor vehicle training program; and
(b) Have been in operation in South Dakota for a minimum of two years.
Section 51. That ARSD 61:25:04:08 be amended to read as follows:
61:25:04:08. General requirements for
licenses and identification cards certificates. The
department shall issue a
license certificate to a third-party tester who meets the requirements of §
61:25:04:05 that allows the tester to operate an approved testing program for the classes and types
of vehicles listed. The department shall
also issue
examiner identification cards certificates to
employees of the third-party tester qualified under § 61:25:04:06.
A copy of the examiner's identification card certificate must be displayed in the office of the
third-party tester. The license certificate issued by the department to operate a third-party testing
program must be prominently displayed in the place of business of the third-party tester.
An examiner shall surrender his or her
identification card certificate to the department if that
examiner becomes inactive or if the
card certificate has been revoked by the department. A
license
certificate to operate a third-party testing program and examiners'
identification cards certificates are
not transferable.
Each
license and identification card third-party tester and examiner certificate is effective on the
date of issuance and expires at the end of one year. All renewal application forms must be submitted
to the department at least 30 days before the previous
license certificate expires.
Section 52. That ARSD 61:25:04:18 be amended to read as follows:
61:25:04:18. Test administration. Skill tests must be conducted in accordance with the
provisions in 49 C.F.R. 383, Subparts G and H
(January 1, 2011) as of January 1, 2015.
Skill tests must be conducted as follows:
(1) On test routes approved by the department as indicated in § 61:25:04:11;
(2) In a vehicle that is representative of the class and type of vehicle for which the commercial
driver license applicant seeks to be licensed and for which the third-party examiner is qualified to
test; and
(3) With approved content, forms, and scoring procedures provided by the department.
A person who trains a commercial driver license applicant to drive a commercial motor vehicle
may not also act as the third-party tester or third-party examiner for that applicant. The department
reserves the right to test or re-examine any applicant certified by a third-party examiner.
Section 53. That ARSD 61:25:04:19 be amended to read as follows:
61:25:04:19. Denial/termination of third-party testing program and
licenses certificates. The
department may deny an application for a third-party tester
license or examiner's
identification card
certificate if the applicant does not qualify for the
license or card certificate under this chapter.
Misstatements or misrepresentation are grounds for denying a
license or card certificate.
A third-party tester or examiner may relinquish his or her
license or card certificate on 30 days
notice to the department.
The department may cancel in its entirety the third-party testing program provided for in this
chapter.
The department may revoke the
license certificate of a third-party tester or examiner on the
following grounds:
(1) Failure to comply with or satisfy any of the provisions of this chapter or the third-party tester
agreement;
(2) Falsification of records or information relating to the third-party testing program;
(3) For third-party examiner, driver license suspension, revocation, recall, or disqualifications;
and
(4) Commission of any act or omission which, in the judgment of the department, compromises
the integrity of the third-party program.
If the department determines that grounds for cancellation exist for failure to comply with or
satisfy any of the requirements in this chapter or in the third-party tester agreement, the department
may postpone cancellation and allow the third-party tester or examiner 30 days to correct the
deficiency.
Section 54. That chapter 32-12A be amended by adding thereto a NEW SECTION to read as
follows:
Each state and third-party test examiner shall successfully complete a refresher course and
examination every four years to maintain the examiner's commercial driver license test examiner
certification. The refresher training course shall cover at least the following:
(1) For a commercial driver license knowledge test examiner:
(a) Introduction to CDL licensing system;
(b) Overview of the CDL tests; and
(c) Knowledge tests;
(2) For a commercial driver license skills test examiner:
(a) Introduction to CDL licensing system;
(b) Overview of the CDL tests;
(c) Vehicle inspection test;
(d) Basic control skills testing; and
(e) Road test; and
(3) The refresher training for each examiner shall include any state-specific material and
information related to administering CDL knowledge and skills tests, and any new federal
CDL regulation, any update to administering the tests, and new safety related equipment
on a vehicle.
The skills testing certification of any examiner who does not conduct skills test examinations of
at least ten different applicants per calendar year shall be revoked, unless the examiner either takes
the refresher training or has a state examiner ride along to observe the third-party examiner
successfully administer at least one skills test.
Section 55. That chapter 32-12A be amended by adding thereto a NEW SECTION to read as
follows:
In addition to the insurance requirements set forth by the department, each third-party tester shall
initiate and maintain a bond in the amount of ten thousand dollars. The bond shall pay for retesting
drivers in the event that the third-party tester or one or more of its examiners is involved in
fraudulent activity related to conducting skills testing of applicants for a commercial driver license.
A third-party tester that is a governmental entity is not required to maintain a bond.
Signed March 11, 2015
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CHAPTER 169
(SB 85)
Repeal the requirement
regarding handlebar height on motorcycles.
ENTITLED, An Act to repeal certain requirements regarding the handlebar height on motorcycles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-20-3 be repealed.
Signed February 24, 2015
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CHAPTER 170
(SB 108)
Aggravated DUI's revised.
ENTITLED, An Act to revise certain provisions relating to aggravated DUI's.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-4.9 be amended to read as follows:
32-23-4.9. If a conviction for a violation of § 32-23-1 is for a sixth offense, or subsequent
offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-five years
of the violation being charged, and at least two of those prior convictions having occurred within ten
years, the violation is an aggravated offense and the person is guilty of a Class 4 felony.
The court, in pronouncing sentencing, shall order that the driver license of any person so
convicted be revoked for a period of not less than three years from the date the sentence is imposed
or three years from the date of initial release from imprisonment, whichever is later. If the person is
returned to imprisonment prior to the completion of the period of driver license revocation, time
spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted
of driving without a license during that period, the person shall be sentenced to the county jail for
not less than twenty days, which sentence may not be suspended. Notwithstanding § 23A-27-19, the
court retains jurisdiction to modify the conditions of the license revocation for the term of such
revocation.
Upon the person's successful completion of a court-approved chemical dependency counseling
program and proof of financial responsibility pursuant to § 32-35-113, the court may permit the
person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at
school, or attendance at counseling programs.
In addition to the penalties authorized by law, any person convicted under this section and having
ten or more previous convictions under § 32-23-1 is subject to a term of supervision not less than
ten years. Any person convicted under this section and having at least five and not more than nine
previous convictions under § 32-23-1 is subject to a term of supervision not less than five years. The
For each person convicted under this section and placed on probation, parole, or released from prison
due to a suspended sentence, the person's supervision of an offender shall include at least one of the
following: enrollment in an alcohol or drug accountability program, ignition interlock, breath alcohol
interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool. Supervision of the
offender shall be overseen by the Unified Judicial System if the sentence does not include a term of
imprisonment in the penitentiary or by the Department of Corrections if the sentence includes a term
of imprisonment in the penitentiary. Any offender supervised pursuant to this section is not excluded
from earned discharge credit as otherwise authorized by statute.
If, during the period of supervision imposed under this section, the person being supervised
violates conditions, the offender shall be penalized according to the graduated sanctions policy to
be established by the Supreme Court or the Department of Corrections, respectively.
Signed March 12, 2015
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CHAPTER 171
(SB 81)
Driving while under influence conviction,
certain costs paid to the county.
ENTITLED, An Act to require persons convicted of driving a vehicle while under influence of
alcohol, drugs, or intoxicants to pay certain costs to the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as
follows:
In addition to any other penalty, assessment, or fine provided by law, the court shall order any
person convicted of a crime for a violation of § 32-23-1 to remit costs in the amount of fifty dollars
to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section
to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk
of courts in the time specified by the court is punishable by contempt proceedings.
Signed March 11, 2015
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CHAPTER 172
(HB 1124)
Motor vehicles may exceed the posted speed limit
under certain conditions.
ENTITLED, An Act to authorize motor vehicles to exceed the posted speed limit under certain
conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-25 be amended by adding thereto a NEW SECTION to read as
follows:
The speed limit is increased by ten miles per hour over the posted speed limit, if a person is
driving a vehicle that is:
(1) On a two-lane highway that has one lane for each direction of travel;
(2) On a highway with a posted speed limit that is equal to or exceeds sixty-five miles per
hour;
(3) Overtaking and passing another vehicle proceeding in the same direction of travel; and
(4) Passing a vehicle that is moving slower than the posted speed limit.
Signed March 11, 2015
_______________
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CHAPTER 173
(HB 1030)
Motor vehicle and bicycle regulation.
ENTITLED, An Act to provide certain restrictions regarding the passing of a bicycle.
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:
The driver of any motor vehicle overtaking a bicycle proceeding in the same direction shall allow
a minimum of a three foot separation between the right side of the driver's vehicle, including any
mirror or other projection, and the left side of the bicycle if the posted limit is thirty-five miles per
hour or less and shall allow a minimum of six feet separation if the posted limit is greater than thirty-five miles per hour. Notwithstanding any other provision of law, a motor vehicle overtaking a bicycle
proceeding in the same direction may partially cross the highway centerline or the dividing line
between two lanes of travel in the same direction if it can be performed safely. The driver of the
motor vehicle shall maintain that separation until safely past the overtaken bicycle. A violation of
this section is a Class 2 misdemeanor.
Section 2. That § 32-20B-6 be amended to read as follows:
32-20B-6. A person operating a bicycle shall give a continuous signal of intention to turn right
or left during the last one hundred feet traveled by the bicycle before turning. The signal shall also
be given while the bicycle is stopped waiting to turn. A signal by hand and arm need only be given
intermittently if the hand is needed in the control operation of the bicycle. No driver of a bicycle may
overtake another vehicle on the right if the overtaken vehicle is signaling to make a right turn. Except
as provided in this section, a person operating a bicycle shall comply with the provisions of §§ 32-26-22 and 32-26-22.1. A violation of this section is a Class 2 misdemeanor.
Signed March 11, 2015
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VETERANS AFFAIRS
_______________
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CHAPTER 174
(SB 34)
The administration of benefits provided to veterans, revised.
ENTITLED, An Act to revise certain provisions concerning the administration of benefits provided
to veterans and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33A-1-1 be amended to read as follows:
33A-1-1. For the purposes of this chapter, a veteran is a person who meets the provisions of
§ 33A-2-1 and who was a legal resident of South Dakota at the time of entry into service or who,
following discharge, has been a resident of this state for one year. However, a nonresident in this
state is entitled to any benefits available in this state to a South Dakota resident under the same
conditions.
Section 2. That § 33A-1-8 be amended to read as follows:
33A-1-8. The commission Department of Veterans Affairs may promulgate rules, pursuant to
chapter 1-26, to:
(1) Provide procedures and standards for department personnel to act as agents for veterans
pursuant to § 33A-1-13;
(2) Provide procedures to maintain records to protect the rights of disabled veterans and their
dependents pursuant to § 33A-1-14;
(3) Provide procedures and standards for cooperation and administration of burial of veterans
pursuant to § 33A-1-15;
(4) Provide procedures and requirements to assist in securing veterans' benefits and to train
county and tribal veterans service officers to provide such assistance pursuant to § 33A-1-16; and
(5) Provide procedures for investigations pursuant to § 33A-1-20.
Section 3. That § 33A-1-24 be amended to read as follows:
33A-1-24. Each county veterans' service officer shall provide, within the county or counties
employing the officer, local contact between fieldmen of the Department of Veterans Affairs and
persons in the armed service or those discharged from such service, and the dependents of such
persons. The county veteran's service officer shall aid or assist volunteer service officers in securing
evidence and perfecting claims; advise those in the armed service and veterans or their dependents
of benefits available to them; and aid them in completing required forms and complying with
regulations. The county veteran's service officer works under the supervision and direction of the
Department of Veterans Affairs.
Section 4. That § 33A-2-8 be amended to read as follows:
33A-2-8. The provisions of subdivision 43-28-2(7) apply to certificates of discharge of all
persons who are veterans as defined in § 33A-2-1. The certificates shall be recorded without charge
and certified copies shall be furnished to the persons named therein or their dependents without
charge if requested for the purpose of presenting or prosecuting claims for compensation or pension.
Otherwise, a discharge document recorded by the recorder or a designated official may be made
available only to the veteran, the veteran's parents, the veteran's next of kin, the veteran's legal
representative, a county veterans service officer, a nationally accredited veterans' organization
service officer, the Department of Veterans Affairs, or the veteran's designee. Any person requesting
a discharge document shall complete a form containing a statement specifying the person's eligibility
to receive the document based upon this section. The Department of Veterans Affairs shall provide
such forms to each county register of deeds.
Section 5. That § 33A-2-25 be amended to read as follows:
33A-2-25. The commission Department of Veterans Affairs shall promulgate rules, pursuant to
chapter 1-26, to define and provide for eligibility criteria, administration, and method of payment
of the bonus created in pursuant to the provisions of §§ 33A-2-10 to 33A-2-33, inclusive.
Section 6. That § 33A-4-25 be amended to read as follows:
33A-4-25. Any wartime veteran as defined by § 33A-2-2 § 33A-2-1, who has an honorable
discharge, who has maintained a residence in the state at any time in the five years preceding the date
of the application, and who has no income in excess of one thousand dollars per year above the
maximum income limitation for pension benefits as determined by the United States Department of
Veterans Affairs, is eligible for admission to the State Veterans' Home. For the purposes of this
section, a residence is a physical structure in which a person resides and the term does not include
a post office box or address of another mail service purchased by the veteran. A war veteran who
meets the residence requirements and has a rating of total disability as defined by the United States
Department of Veterans Affairs for pension and compensation purposes is also eligible for
admission. Membership status at the State Veterans' Home is not affected because of a medical leave
of absence either in a United States Department of Veterans Affairs facility or other hospital. A
veteran who has honorably served in a South Dakota regiment during a wartime period meets the
residency requirement. Any veteran who is an enrolled member of a federally recognized Indian tribe
located wholly or partially in the state meets the residency requirement.
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 February 18, 2015
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CHAPTER 175
(SB 35)
Department of Veterans Affairs statutes updated.
ENTITLED, An Act to repeal certain outdated and unnecessary statutes and rules related to the
Department of Veterans Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33A-1-9 be repealed.
Section 2. That § 33A-1-14 be repealed.
Section 3. That § 33A-1-27 be repealed.
Section 4. That § 33A-2-26 be repealed.
Section 5. That § 33A-2-27 be repealed.
Section 6. That § 33A-2-29 be repealed.
Section 7. That § 33A-3-1 be repealed.
Section 8. That § 33A-3-2 be repealed.
Section 9. That § 33A-3-3 be repealed.
Section 10. That § 33A-3-4 be repealed.
Section 11. That § 33A-3-5 be repealed.
Section 12. That § 33A-3-6 be repealed.
Section 13. That § 33A-3-7 be repealed.
Section 14. That § 33A-3-8 be repealed.
Section 15. That § 33A-3-9 be repealed.
Section 16. That § 33A-3-10 be repealed.
Section 17. That § 33A-3-11 be repealed.
Section 18. That § 33A-3-12 be repealed.
Section 19. That § 33A-3-13 be repealed.
Section 20. That § 33A-3-14 be repealed.
Section 21. That § 33A-3-15 be repealed.
Section 22. That § 33A-3-16 be repealed.
Section 23. That § 33A-3-17 be repealed.
Section 24. That § 33A-3-18 be repealed.
Section 25. That § 33A-3-19 be repealed.
Section 26. That § 33A-3-20 be repealed.
Section 27. That § 33A-3-21 be repealed.
Section 28. That § 33A-3-22 be repealed.
Section 29. That § 33A-3-23 be repealed.
Section 30. That § 33A-3-24 be repealed.
Section 31. That § 33A-3-25 be repealed.
Section 32. That § 33A-3-26 be repealed.
Section 33. That § 33A-3-27 be repealed.
Section 34. That § 33A-3-28 be repealed.
Section 35. That § 33A-3-29 be repealed.
Section 36. That § 33A-3-30 be repealed.
Section 37. That § 33A-3-31 be repealed.
Section 38. That § 33A-3-32 be repealed.
Section 39. That § 33A-3-33 be repealed.
Section 40. That § 33A-3-34 be repealed.
Section 41. That § 33A-3-35 be repealed.
Section 42. That § 33A-3-36 be repealed.
Section 43. That § 33A-3-37 be repealed.
Section 44. That § 33A-3-38 be repealed.
Section 45. That § 33A-3-39 be repealed.
Section 46. That § 33A-3-40 be repealed.
Section 47. That § 33A-3-41 be repealed.
Section 48. That § 33A-3-42 be repealed.
Section 49. That § 33A-3-43 be repealed.
Section 50. That § 33A-3-44 be repealed.
Section 51. That § 33A-3-45 be repealed.
Section 52. That § 29A-5-107 be repealed.
Section 53. That § 33A-4-2 be repealed.
Section 54. That § 33A-4-3 be repealed.
Section 55. That § 33A-4-5 be repealed.
Section 56. That ARSD 50:05:01:01 be repealed.
Section 57. That ARSD 50:05:01:02 to 50:05:01:22, inclusive, be repealed.
Signed February 9, 2015
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CHAPTER 176
(SB 154)
Employees of the Department of Veterans Affairs to be veterans.
ENTITLED, An Act to require that certain employees of the Department of Veterans Affairs be
veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33A-1-12 be amended to read as follows:
33A-1-12. All employees of the Department of Veterans Affairs below the level of secretary shall
be selected as provided by chapter 3-6A 3-6D. However, all employees shall any employee that holds
the title of state veterans service officer or state fieldmen veterans service officer shall be a veteran
who has served in the armed forces of the United States and is a citizen of the United States. All
other employees shall be veterans, if available. These employees shall perform duties assigned to
them by the Department of Veterans Affairs.
Signed March 13, 2015
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CHAPTER 177
(HB 1179)
Definition of a veteran modified.
ENTITLED, An Act to revise the definition of a veteran.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33A-2-1 be amended to read as follows:
33A-2-1. For the purposes of all statutes relating to rights, privileges, ceremonial recognition,
exemptions, and benefits (except a state bonus) of veterans and their dependents, the term, veteran,
means any person who:
(1) Has served on continuous federalized active military duty for a period of at least ninety
days for reasons other than training the full obligation for active duty, reserve, or National
Guard service in the military, or received an early discharge for a medical condition,
hardship, reduction in force, or at the convenience of the military; and
(2) Has been separated or discharged from such service honorably or under honorable
conditions.
For purposes of this section, the term, benefits, includes veterans designation on a driver license
or identification card, veterans license plates, veterans job preference, and burial benefits pursuant
to §§ 33A-5-2 and 33A-5-3.
Signed March 12, 2015
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PUBLIC HEALTH AND SAFETY
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CHAPTER 178
(HB 1060)
Appropriation to reimburse certain health care practitioners
under the recruitment assistance program.
ENTITLED, An Act to make an appropriation to reimburse certain family physicians, dentists,
physician assistants, and nurse practitioners 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 three hundred eighty-one thousand seven hundred sixty-six dollars ($381,766), or so much thereof as may be necessary,
to the Department of Health for the purpose of reimbursing one family physician, two dentists, one
physician assistant, and two nurse practitioners who have, 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 10, 2015
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CHAPTER 179
(SB 14)
First responders may administer certain drugs
to treat drug overdose.
ENTITLED, An Act to provide for the possession and administration of opioid antagonists by first
responders for the treatment of drug overdoses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Any first responder trained in compliance with section 4 of this Act and acting under
a standing order issued by a physician licensed pursuant to chapter 36-4 may possess and administer
opioid antagonists to a person exhibiting symptoms of an opiate overdose.
Section 2. For the purposes of this Act, the term, opioid antagonist, means naloxone
hydrochloride or any other similarly acting and equally safe drug approved by the federal Food and
Drug Administration for the treatment of drug overdose.
Section 3. For the purposes of this Act, the term, first responder, includes:
(1) A law enforcement officer as defined by subdivision 22-1-2(22);
(2) A driver and attendant responding to an emergency call as part of an ambulance service
licensed pursuant to chapter 34-11; and
(3) A firefighter.
Section 4. Each first responder authorized to administer an opioid antagonist shall be trained in
the symptoms of an opiate overdose; the protocols and procedures for administration of an opioid
antagonist; the symptoms of adverse responses to an opioid antagonist, and protocols and procedures
to stabilize the patient if an adverse response occurs; and the procedures for storage, transport, and
security of the opioid antagonist. The training shall comply with the criteria established pursuant to
section 5 of this Act, and may be provided by the employer of first responders at the employer's
discretion.
Section 5. The Board of Medical and Osteopathic Examiners shall promulgate rules, pursuant
to chapter 1-26, establishing:
(1) The criteria for training a first responder to comply with the provisions of section 4 of this
Act; and
(2) The requirements for a physician's issuance of a standing order to a first responder
authorizing a prescription for the first responder's possession of an opioid antagonist and
the protocols and procedures to be followed in administering an opioid antagonist.
Section 6. A physician who issues a standing order under the rules established pursuant to section
5 of this Act, a first responder acting under a standing order who administers an opioid antagonist
in good faith compliance with the protocols for administering an opioid antagonist, and the first
responder's employer, are not civilly liable for injuries, and may not be held to pay damages to any
person, or the person's parents, siblings, children, estate, heirs, or devisees, for injuries or death
associated with the administration of an opioid antagonist.
Signed February 18, 2015
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CHAPTER 180
(SB 61)
Controlled substances schedule updated.
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) 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, modifications of the indole ring by nitrogen heterocyclic
analog substitution or nitrogen heterocyclic analog substitution of the phenyl, benzyl,
naphthyl, adamantly, cyclopropyl, cumyl, or propionaldehyde structure, and salts of
isomers and, homologues, and modifications, unless specifically excepted, whenever the
existence of these salts, isomers, homologues, modifications, and salts of isomers and,
homologues, and modifications is possible within the specific chemical designation:
(a) Naphthoylindoles. Any compound containing a 2-(1-naphthoul)indole or 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, benzyl, or halobenzyl group, whether or not further substituted in on the
indole ring to any extent and whether or not substituted in on 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-2-yl-(1-naphthyl)methane or 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, benzyl, or halobenzyl group, whether or not further substituted in on the
indole ring to any extent and whether or not substituted in on 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 2-phenylacetylindole or 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, benzyl, or halobenzyl group, whether or not further substituted in on the
indole ring to any extent and whether or not substituted in on 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 2-(benzoyl)indole or 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, benzyl, or halobenzyl group, whether or not further substituted in on the
indole ring to any extent and whether or not substituted in on 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 2-(1-naphthoyl)pyrrole or 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, benzyl, or halobenzyl group, whether or not further substituted in on the
pyrrole ring to any extent and whether or not substituted in on 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, benzyl, or halobenzyl group, whether or not further substituted in on the
indene ring to any extent and whether or not substituted in on 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, benzyl, or halobenzyl group, whether or not substituted in on 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 2-acetyl indole or 3-acetyl
indole structure substituted at the acetyl with a tetramethylcyclopropyl, adamantyl,
or benzyl, cumyl, or propionaldehyde substituent whether or not further substituted
in on the tetramethylcyclopropyl, adamantyl, or benzyl, cumyl, or propionaldehyde
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, benzyl, or halobenzyl group whether or not further
substituted in on 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 2-carboxamide
indole or 3-carboxamide indole structure substituted at the carboxamide with a
tetramethylcyclopropyl, naphthyl, or adamantyl, cumyl, or propionaldehyde
substituent, whether or not further substituted in on the tetramethylcyclopropyl, or
adamantyl, cumyl, or propionaldehyde 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, benzyl, or
halobenzyl group whether or not further substituted in on the indole ring to any
extent.
Some trade and other names: JWH-018 adamantyl carboxamide; STS-135; MN-18; 5-Fluoro-MN-18;
(l) Substituted Carboxylic Acid Indole. Any compound containing a
1H-indole-2-carboxylic acid or 1H-indole-3-carboxylic acid substituted at the
hydroxyl group of the carboxylic acid with a phenyl, benzyl, naphthyl, adamantyl,
cyclopropyl, quinolinyl, isquinolinyl, cumyl, or propionaldehyde substituent
whether or not further substituted on the phenyl, benzyl, naphthyl, adamantyl,
cyclopropyl, cumyl, quinolinyl, isquinolinyl, or propionaldehyde 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,
tetrahydropyranylmethyl, benzyl, or halo benzyl group whether or not further
substituted on the indole ring to any extent;
(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);
(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-_(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); _(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); _(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)); and
(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-16 be amended to read as follows:
34-20B-16. Any of the following substances including their salts, isomers, and salts of isomers
is included in Schedule II except those narcotic drugs listed in other schedules whether produced
directly or indirectly by extraction from substances of vegetable origin, or independently by means
of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium (except when it meets the requirements of subdivision 34-20B-23(7) or
34-20B-26(5)), coca leaves, and opiate;
(2) Any salt, compound, derivative, or preparation of opium, coca leaves (including cocaine),
or opiate, excluding apomorphine, dextrorphan, and naloxone;
(3) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or
identical with any of the substances referred to in subdivisions (1) and (2), except that
these substances may not include decocainized coca leaves or extraction of coca leaves,
which extractions do not contain cocaine or ecgonine; and may not include the
isoquinoline alkaloids of opium;
(4) Opium poppy and poppy straw;
(5) Amphetamine;
(6) Methamphetamine;
(7) Amobarbital;
(8) Pentobarbital;
(9) Secobarbital;
(10) Methylphenidate;
(11) Phenmetrazine;
(12) Etorphine;
(13) Diprenorphine;
(14) Deleted by SL 2000, ch 170, § 1;
(15) Nabilone;
(16) Glutethimide;
(17) Phencyclidine immediate precursors:
(a) 1-phenylcyclohexylamine;
(b) 1-piperidinocyclohexanecarbonitrile (PCC);
(18) Lisdexamfetamine, its salts, isomers, and salts of its isomers;
(19) Tapentadol; and
(20) Ioflupane.
Section 3. That § 34-20B-17 be amended to read as follows:
34-20B-17. Any of the following opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters and ethers, is included in Schedule II, unless specifically excepted, whenever the
existence of such isomers, esters, ethers, and salts is possible within the specific chemical
designation:
(1) Alphaprodine;
(2) Anileridine;
(3) Bezitramide;
(4) Diphenoxylate;
(5) Fentanyl;
(6) Isomethadone;
(7) Levomethorphan;
(8) Levorphanol;
(9) Metazocine;
(10) Methadone;
(11) Methadone-intermediate, 4-cyano-2-dimethylamine-1, 4-diphenyl butane;
(12) Moramide-intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(13) Pethidine;
(14) Pethidine-intermediate, A, 4-cyano-1-methyl-4-phenylpiperidine;
(15) Pethidine-intermediate, B, ethyl-4-phenylpiperidine-4-carboxylate;
(16) Pethidine-intermediate, C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(17) Phenazocine;
(18) Piminodine;
(19) Racemethorphan;
(20) Racemorphan;
(21) Sufentanil;
(22) Alfentanil;
(23) Carfentanil;
(24) Levo-alphacetylmethadol, also known as levo-alpha-acetylmethadyl acetate or LAAM;
(25) Remifentanil;
(26) Oxymorphone;
(27) Oripavine (3-O-demethylthebaine or 6,7,8,14-tetradehydro-4,5-alpha-epoxy-6-methoxy-17-methylmorphinan-3-ol);
(28) 4-anilino-N-phenethyl-4-piperidine (ANPP);
(29) Morphine, except when it meets subdivision 34-20B-23(8);
(30) Hydrocodone (Dihydrocodeinone);
(31) Codeine, except when it meets subdivision 34-20B-23(1), 34-20B-23(2), or
34-20B-26(1);
(32) Dihydrocodeine, except when it meets subdivision 34-20B-23(5) or 34-20B-26(2);
(33) Ethylmorphine, except when it meets subdivision 34-20B-23(6) or 34-20B-26(3);
(34) Oxycodone; and
(35) Hydromorphone.
Section 4. That § 34-20B-23 be amended to read as follows:
34-20B-23. Any material, compound, mixture, or preparation containing limited quantities of
any of the following narcotic drugs or any salts thereof is included in Schedule III:
(1) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with an equal or greater quantity of isoquinoline alkaloid of opium.;
(2) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with one or more active, non-narcotic ingredients in recognized
therapeutic amounts.;
(3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with a fourfold or greater quantity of isoquinoline alkaloid
of opium.
(4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than
15 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts.
(5) Not more than 1.80 grams of dihydrocodeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts.;
(6) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15
milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts.;
(7) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more
than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in
recognized therapeutic amounts.; and
(8) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams with one
or more active, non-narcotic ingredients in recognized therapeutic amounts.
Section 5. That § 34-20B-25 be amended to read as follows:
34-20B-25. The following are included in Schedule IV:
(1) Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and
clindinium bromide) or menrium (chlordiazepoxide and water soluble esterified
estrogens);
(2) Clonazepam;
(3) Clorazepate;
(4) Diazepam;
(4A) Flunitrazepam;
(5) Flurazepam;
(6) Mebutamate;
(7) Oxazepam;
(8) Prazepam;
(9) Lorazepam;
(10) Triazolam;
(11) Any substance which contains any quantity of a benzodiazepine, or salt of
benzodiazepine, except those substances which are specifically listed in other schedules;
(11A) Alprazolam;
(11B) Midazolam;
(11C) Temazepam;
(12) Repealed by SL 2003, ch 183, § 4;
(13) Cathine;
(14) Fencamfamine;
(15) Fenproporex;
(16) Mefenorex;
(17) Pyrovalerone;
(18) Propoxyphene;
(19) Pentazocine;
(20) Diethylpropion;
(21) Ethchlorvynol;
(22) Ethinamate;
(23) Fenfluramine;
(24) Mazindol;
(25) Mephobarbital;
(26) Methohexitol;
(27) Paraldehyde;
(28) Pemoline;
(29) Petrichloral;
(30) Phentermine;
(31) Barbital;
(32) Phenobarbital;
(33) Meprobamate;
(34) Zolpidem;
(35) Butorphanol;
(36) Modafinil, including its salts, isomers, and salts of isomers;
(37) Sibutramine;
(38) Zaleplon;
(39) Dichloralphenazone;
(40) Zopiclone (also known as eszopiclone), including its salts, isomers, and salts of isomers;
(41) Pregabalin;
(42) Lacosamide;
(43) Fospropofol, including its salts, isomers, and salts of isomers;
(44) Clobazam;
(45) Carisoprodol, including its salts, isomers, and salts of isomers;
(46) Ezogabine,[_[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester],
including its salts, isomers, and salts of isomers; and
(47) Lorcaserin, any material, compound, mixture, or preparation which contains any quantity
of the following substances, including its salts, isomers, and salts of isomers, whenever
the existence of such salts, isomers, and salts of isomers is possible;
(48) Alfaxalone, 5[alpha]-pregnan-3[alpha]-ol-11,20-dione, including its salts, isomers, and
salts of isomers;
(49) Tramadol, 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical
and geometric isomers and salts of these isomers; and
(50) Suvorexant, including its salts, isomers, and salts of isomers.
Section 6. That § 34-20B-26 be amended to read as follows:
34-20B-26. Any compound, mixture, or preparation containing limited quantities of any of the
following narcotic drugs is included in Schedule IV which shall include one or more non-narcotic
active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or
preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams.;
(3) Not more than 50 milligrams of ethylmorphine per 100 milliliters or per 100 grams.;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit.;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams, or not more
than 5 milligrams per dosage unit.; and
(6) Not more than 0.5 milligrams 1 milligram of difenoxin and not less than twenty-five
micrograms of atropine sulfate per dosage unit.
(7) Repealed by SL 1990, ch 270, § 3.
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 February 18, 2015
_______________
End Included file nY:\LMDATA\SESSIONS\90-2015\SESSIO~1\180.wpd
Start Included file pY:\LMDATA\SESSIONS\90-2015\SESSIO~1\181.wpd
CHAPTER 181
(HB 1058)
Contagious disease control quarantine measures, updated.
ENTITLED, An Act to revise certain provisions regarding contagious disease control quarantine
measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-22 be amended by adding thereto a NEW SECTION to read as
follows:
Terms used in this chapter mean:
(1) "Carrier," a person who harbors a specific infectious agent in the absence of discernible
clinical disease and serves as a potential source or reservoir of infection for other persons;
(2) "Communicable disease," includes:
(a) An illness due to a specific infectious agent or its toxic products that arises
through transmission of that agent or its products from an infected person, animal,
fomite, or reservoir to a susceptible host, either directly or indirectly, through an
intermediate plant or animal host, vector, or inanimate environment and which is
determined to be a reportable disease pursuant to § 34-22-12 and any rules
promulgated pursuant to that section; and
(b) Any disease or condition which is the subject of a declared public health
emergency pursuant to § 34-22-42;
(3) "Department," the Department of Health.
Section 2. That § 34-22-1 be amended to read as follows:
34-22-1. Whenever If necessary the Department of Health may establish and enforce a system
of quarantine against the introduction into the state of any plague or other communicable disease by
a common carriers carrier doing business across its the state's borders. Its members, officers, and
agents Any member, officer, or agent of the department may board any conveyance used by such
carriers a common carrier to inspect the same and if it be conveyance. If the conveyance is found
infected, contaminated, or otherwise containing any disease-causing agent, the department may
detain such the conveyance, and isolate and quarantine any or all persons found thereon, with their
in the conveyance, including luggage, until all danger of disease therefrom from the conveyance is
removed.
Section 3. That § 34-22-2 be repealed.
Section 4. That § 34-22-5 be amended to read as follows:
34-22-5. Every Each person who intentionally exposes himself or herself or another person
infected with any contagious communicable disease in any public place or thoroughfare, except in
his the person's necessary removal from a public place in a manner not dangerous to the public
health, is guilty of a Class 2 misdemeanor.
Section 5. That § 34-22-7 be repealed.
Section 6. That § 34-22-8 be repealed.
Section 7. That § 34-22-9 be amended to read as follows:
34-22-9. The Department of Health department shall establish and direct the operations of a
state-wide system for communicable disease prevention, control, and treatment. The department may
promulgate rules, pursuant to chapter 1-26, to:
(1) Conduct communicable disease surveillance which includes detection, assessment, and
analysis;
(2) Prescribe criteria for communicable disease case definitions;
(3) Prescribe procedures for communicable disease case and contact notification, referral, and
management;
(4) Prescribe methods and procedures for the prevention and control of communicable
disease;
(5) Prescribe methods and procedures for the control of communicable disease patients and
carriers, including the monitoring, quarantine, and isolation of any patient or carrier;
(6) Prescribe medical and posttreatment supervision measures for communicable disease
patients and carriers;
(7) Prescribe methods and procedures for the prevention and control of occupationally-related
communicable diseases; and
(8) Prescribe procedures for
universal precautions infection prevention measures for
communicable disease
control and prevention
by health care facilities and workers.
Section 8. That § 34-22-11 be amended to read as follows:
34-22-11. The State Department of Health shall have the power and authority, and it shall be the
duty of such department, to may provide facilities and personnel which will encourage participation
in periodic prescribed screening of the general population and high-risk segments of the general
population through testing for tuberculosis and other communicable diseases.
Section 9. That § 34-22-11.2 be amended to read as follows:
34-22-11.2. The term, "specific health services," as it relates to § 34-22-11.1 shall include the
following:
(1) Application of intradermal skin tests for the purpose of determining the presence of
tuberculosis;
(2) Venepuncture Venipuncture for the purpose of withdrawing drawing blood for laboratory
examinations to determine the presence of current or past disease infection;
(3) Administration of vaccines or other prophylactic agents, either orally or parenterally, for
the purpose of infectious communicable disease control; and
(4) The gathering of specimens through nonsurgical procedures for the purpose of laboratory
examination to determine the presence of bacteria, viruses, or other agents of
infectious
communicable disease.
Section 10. That § 34-22-13 be amended to read as follows:
34-22-13. The State Department of Health shall have the power and department has the authority,
and it shall be the duty of such department, to consult with physicians, hospitals, institutions, and
individuals engaged in diagnosing and treating tuberculous persons, provide to such persons and
institutions clinical information, and refer cases for diagnosis and treatment upon the request of
attending physicians any person diagnosed with or reasonably suspected of being exposed to a
communicable disease.
Section 11. That § 34-22-14 be amended to read as follows:
34-22-14. The State Department of Health shall have the power and department has the authority,
and it shall be the duty of such department, to provide for the enforcement of regulations for the
control and eradication of tuberculosis and communicable diseases through isolation, prevention,
and treatment.
Section 12. That § 34-22-15 be repealed.
Section 13. That § 34-22-16 be repealed.
Section 14. That § 34-22-17 be amended to read as follows:
34-22-17. The diagnosis, control, and treatment of suspected or actual confirmed cases of
tuberculosis communicable diseases in South Dakota the state shall be under the supervision and
surveillance of the State Department of Health department. The program of diagnosis, control, and
treatment of tuberculosis communicable diseases, established in §§ 34-22-7 to 34-22-20, inclusive,
and under this chapter and rules and regulations issued in compliance with chapter 1-26 in the
implementation of said sections, promulgated pursuant to this chapter shall be state-wide in
application and shall be available, as a matter of right, to all persons within the State of South
Dakota, regardless of place of residence or ability to pay applied statewide.
Section 15. That § 34-22-18 be amended to read as follows:
34-22-18. Any person in the State of South Dakota state reasonably suspected of being infected
with having active tuberculosis, middle east respiratory syndrome (MERS), severe acute respiratory
syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the
subject of a declared public health emergency pursuant to § 34-22-42, shall accept necessary
diagnosis or treatment, or both, and any. Any person who intentionally refuses to accept such the
diagnosis or treatment, or both, or who fails to follow the reasonable and necessary directives of the
State Department of Health department issued for the protection of other persons, is guilty of a Class
1 misdemeanor.
Section 16. That § 34-22-19 be amended to read as follows:
34-22-19. None of the provisions of §§ 34-22-7 to 34-22-18, inclusive, shall No provision of this
chapter may be deemed to bar freedom of the individual any person to seek diagnosis or treatment,
or both, by a physician or in an institution of his the person's choice, at his the person's own expense,
or under entitlement by the federal government, medical or hospital insurance contracts, workers'
compensation, retirement plans, or the medical care and disability provisions of programs under the
supervision of the Department of Social Services; provided, however, that. However, all cases of
suspected or actual confirmed tuberculosis or other communicable diseases in South Dakota the state
shall be under the surveillance of the Division of Tuberculosis and Communicable Disease Control
of the South Dakota Department of Health, created by § 34-22-8 department.
Section 17. That § 34-22-20 be repealed.
Section 18. That § 34-22-21 be repealed.
Section 19. That § 34-22-22 be repealed.
Section 20. That § 34-22-24 be repealed.
Section 21. That § 34-22-25 be amended to read as follows:
34-22-25. Any health officer or physician who has information that any person, including a
patient, is by his the person's conduct or mode of living, endangering the health or well-being of his
the person's family or other persons because of tuberculosis communicable diseases, shall make a
report thereof the information to the State Department of Health department. The report shall state
the name and address of such the person and shall include a summary of the pertinent information
available to and known by the health officer or physician.
Section 22. That § 34-22-26 be repealed.
Section 23. That § 34-22-27 be repealed.
Section 24. That § 34-22-28 be repealed.
Section 25. That § 34-22-29 be repealed.
Section 26. That § 34-22-30 be repealed.
Section 27. That § 34-22-34 be repealed.
Section 28. That § 34-22-35 be repealed.
Section 29. That § 34-22-36 be repealed.
Section 30. That § 34-22-37 be repealed.
Section 31. That § 34-22-38 be repealed.
Section 32. That § 34-22-40 be repealed.
Section 33. That chapter 34-22 be amended by adding thereto a NEW SECTION to read as
follows:
If the department has determined by medical or epidemiological information that a person is
infected with, or is reasonably suspected of having active tuberculosis, any middle east respiratory
syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic
fevers, or any disease or condition which is the subject of a declared public health emergency
pursuant to § 34-22-42, and that person presents a health threat to others, the department may
commence an action in circuit court, pursuant to chapters 15-6 and 21-8, for injunctive relief as
necessary to enforce any applicable department directive or order. The court shall treat individually
identifying information including the gender, age, ethnicity, race, national origin, location, or identity
of any person subject to the proceedings as strictly confidential information. If necessary, identifying
numbers or initials may be used to protect the individually identifying information of the person.
Signed March 11, 2015
_______________
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CHAPTER 182
(HB 1059)
Immunization information access in certain circumstances.
ENTITLED, An Act to allow authorized entities to access immunization information in certain
circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-22-12.5 be amended to read as follows:
34-22-12.5. A patient's immunization record, even if the immunization was received prior to July
1, 1996, may shall be shared among health care providers, health care facilities, federal or state
health agencies, child welfare agencies, schools, or family day care facilities, without the consent of
the patient or the person acting on the patient's behalf unless the patient's signed refusal to release
immunization information is part of the patient's medical record. The provider shall provide notice
in any written form to the patient, or if the patient is a minor, the patient's parent or guardian of the
patient's ability to refuse to permit immunization information to be shared. If the patient is a minor,
the refusal to release immunization information may be signed by the patient's parent or guardian
on behalf of the minor patient. Any person who receives immunization data pursuant to this section
and knowingly or intentionally discloses or fails to protect the confidentiality of the data is guilty of
a Class 1 misdemeanor.
Signed March 13, 2015
_______________
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CHAPTER 183
(HB 1079)
Department of Health's annual report deadline
regarding abortions changed.
ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding
abortions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-23A-36 be amended to read as follows:
34-23A-36. The department shall issue a public report annually on or before November fifteenth
of each year providing the same detailed information required by the reporting forms required by
§§ 34-23A-34 to 34-23A-45, inclusive. The public report shall cover the entire previous calendar
year and shall be compiled from the data in all the reporting forms required by §§ 34-23A-34 to 34-23A-45, inclusive, and submitted to the department in accordance with §§ 34-23A-34 to 34-23A-45,
inclusive. Each public report shall also provide such detailed information for all previous calendar
years, adjusted to reflect any additional information from late or corrected reports. The department
shall take care to ensure that none of the information included in the public reports may reasonably
lead to identification of any physician who performed or treated an abortion or any mother who has
had an abortion.
Signed March 11, 2015
_______________
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CHAPTER 184
(HB 1130)
Abortion provider may not accept payment for an abortion
before consent period ends.
ENTITLED, An Act to prohibit an abortion provider from accepting payment for an abortion prior
to the end of the required informed consent period.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-23A-56 be amended to read as follows:
34-23A-56. No surgical or medical abortion may be scheduled except by a licensed physician
and only after the physician physically and personally meets with the pregnant mother, consults with
her, and performs an assessment of her medical and personal circumstances. Only after the physician
completes the consultation and assessment complying with the provisions of §§ 34-23A-53 to 34-23A-62, inclusive, may the physician schedule a surgical or medical abortion, but in no instance may
the physician schedule such surgical or medical abortion to take place in less than seventy-two hours
from the completion of such consultation and assessment except in a medical emergency as set forth
in § 34-23A-10.1 and subdivision 34-23A-1(5). No Saturday, Sunday, or annually recurring holiday,
as specifically named in § 1-5-1, may be included or counted in the calculation of the seventy-two
hour minimum time period between the initial physician consultation and assessment and the time
of the scheduled abortion procedure. No physician may have the pregnant mother sign a consent for
the abortion on the day of this initial consultation and no physician, abortion provider, hospital, or
clinic, at which the physician performs an abortion, may accept payment for an abortion until a
consent is signed after full compliance with the provisions of §§ 34-23A-53 to 34-23A-62, inclusive.
No physician may take a signed consent from the pregnant mother unless the pregnant mother is in
the physical presence of the physician and except on the day the abortion is scheduled, and only after
complying with the provisions of §§ 34-23A-53 to 34-23A-62, inclusive, as they pertain to the initial
consultation, and only after complying with the provisions of subdivisions 34-23A-10.1(1) and (2).
During the initial consultation between the physician and the pregnant mother, prior to scheduling
a surgical or medical abortion, the physician shall:
(1) Do an assessment of the pregnant mother's circumstances to make a reasonable
determination whether the pregnant mother's decision to submit to an abortion is the result
of any coercion or pressure from other persons. In conducting that assessment, the
physician shall obtain from the pregnant mother the age or approximate age of the father
of the unborn child, and the physician shall consider whether any disparity in age between
the mother and father is a factor when determining whether the pregnant mother has been
subjected to pressure, undue influence, or coercion;
(2) Provide the written disclosure required by subdivision 34-23A-10.1(1) and discuss them
with her to determine that she understands them;
(3) Provide the pregnant mother with the names, addresses, and telephone numbers of all
pregnancy help centers that are registered with the South Dakota Department of Health
pursuant to §§ 34-23A-53 to 34-23A-62, inclusive, and provide her with written
instructions that set forth the following:
(a) That prior to the day of any scheduled abortion the pregnant mother must have a
consultation at a pregnancy help center at which the pregnancy help center shall
inform her about what education, counseling, and other assistance is available to
help the pregnant mother keep and care for her child, and have a private interview
to discuss her circumstances that may subject her decision to coercion;
(b) That prior to signing a consent to an abortion, the physician shall first obtain from
the pregnant mother, a written statement that she obtained a consultation with a
pregnancy help center, which sets forth the name and address of the pregnancy help
center, the date and time of the consultation, and the name of the counselor at the
pregnancy help center with whom she consulted;
(4) Conduct an assessment of the pregnant mother's health and circumstances to determine
if any of the following preexisting risk factors associated with adverse psychological
outcomes following an abortion are present in her case:
(a) Coercion;
(b) Pressure from others to have an abortion;
(c) The pregnant mother views an abortion to be in conflict with her personal or
religious values;
(d) The pregnant mother is ambivalent about her decision to have an abortion, or finds
the decision of whether to have an abortion difficult and she has a high degree of
decisional distress;
(e) That the pregnant mother has a commitment to the pregnancy or prefers to carry
the child to term;
(f) The pregnant mother has a medical history that includes a pre-abortion mental
health or psychiatric problem; and
(g) The pregnant mother is twenty-two years old or younger.
The physician making the assessment shall record in the pregnant mother's medical
records, on a form created for such purpose, each of the risk factors associated with
adverse psychological outcomes following an abortion listed in this subdivision that are
present in her case and which are not present in her case;
(4A) 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.
(5) The physician shall identify for the pregnant mother and explain each of the risk factors
associated with adverse psychological outcomes following an abortion listed in
subdivision (4) which are present in her case;
(6) The physician shall advise the pregnant mother of each risk factor associated with adverse
psychological outcomes following an abortion listed in subdivision 34-23A-56(4) which
the physician determines are present in her case and shall discuss with the pregnant
mother, in such a manner and detail as is appropriate, so that the physician can certify that
the physician has made a reasonable determination that the pregnant mother understands
the information imparted, all material information about the risk of adverse psychological
outcomes known to be associated with each of the risk factors found to be present;
(7) In the event that no risk factor is determined to be present, the physician shall include in
the patient's records a statement that the physician has discussed the information required
by the other parts of this section and that the physician has made a reasonable
determination that the mother understands the information in question;
(8) Records of the assessments, forms, disclosures, and instructions performed and given
pursuant to this section shall be prepared by the physician and maintained as a permanent
part of the pregnant mother's medical records.
Signed March 11, 2015
_______________
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CHAPTER 185
(SB 60)
Newborn screening of inherited and genetic diseases.
ENTITLED, An Act to provide newborn screening of inherited and genetic disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-24-17 be amended to read as follows:
34-24-17. All infants Each infant born in the State of South Dakota shall be screened for
metabolic disease, inherited, and genetic disorders. This screening shall be as prescribed by the State
Department of Health.
Section 2. That § 34-24-18 be amended to read as follows:
34-24-18. The tests for detecting a metabolic disorders, inherited, or genetic disorder of the
newborn infant, as prescribed by the Department of Health, shall include, but not be limited to, the
testing for excessive phenylalanine in the serum of the newborn, for hypothyroidism, and for
elevated blood galactose in the newborn.
Section 3. That § 34-24-22 be amended to read as follows:
34-24-22. When If tests for detecting a metabolic disease, inherited, or genetic disorder other
than phenylketonuria, hypothyroidism, and galactosemia are perfected, the Department of Health
may require that tests for the syndrome or syndromes be made and reported to the health department.
Section 4. That § 34-24-23 be amended to read as follows:
34-24-23. Results of such the tests for a metabolic disorders, inherited, and genetic disorder in
infants, as prescribed by the Department of Health, shall be sent to the department on forms to be
prescribed and furnished by the department to all physicians, public health nurses, and hospitals.
Section 5. That § 34-24-24 be amended to read as follows:
34-24-24. It shall be the responsibility of the Department of Health to follow the development
of all children carrying the syndrome of any metabolic disease to ensure that those persons
responsible for the care of the child are fully informed of accepted medical procedures for the
detection, prevention, and treatment of such condition. The Department of Health shall provide to
the parents or guardians responsible for the care of an affected child, information about accepted
medical procedures for treating any identified metabolic, inherited, or genetic disorder. A parent or
guardian may decline such information.
Signed March 12, 2015
_______________
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CHAPTER 186
(SB 161)
Certain fireworks may be used all year.
ENTITLED, An Act to allow certain fireworks to be used all year.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-37 be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of § 34-37-16.1 do not apply to snakes and smoke effects if they do not fly, travel,
or explode, or to single-shot parachute pieces without a flare.
Signed March 12, 2015
_______________
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CHAPTER 187
(HB 1151)
Stress management services for emergency service providers.
ENTITLED, An Act to improve public safety through confidential stress management services for
emergency service providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Critical incident stress," the acute or cumulative psychological stress or trauma that an
emergency service provider may experience by providing services during a critical
incident, crisis, disaster, or emergency. Critical incident stress is a strong emotional,
cognitive, or physical reaction that has the potential to interfere with normal functioning,
such as:
(a) Physical, mental, or emotional illness;
(b) Failure of usual coping mechanisms;
(c) Loss of interest in the job or in usual social relationships;
(d) Personality changes; or
(e) Loss of ability to function;
(2) "Critical incident stress management," any consultation, incident briefing and debriefing,
on-site crisis intervention, counseling, risk assessment, case management services, harm
prevention, and referral, provided by any person designated by an appropriate state or
local governmental unit or agency to an emergency service provider affected by critical
incident stress;
(3) "Critical incident stress management team," any person designated by an appropriate state
or local governmental unit or agency to provide professional critical incident stress
management to an emergency service provider affected by critical incident stress, and
certified by the International Critical Stress Foundation as a Critical Incident Stress
Management provider;
(4) "Peer support team member," any person, who is a peer of the emergency service
provider, designated by an appropriate state or local government unit to provide critical
incident stress management services to the provider, and certified by the International
Critical Stress Foundation as a Critical Incident Stress Management provider;
(5) "Emergency service provider" or "provider," any person who provides response services
during a critical incident, by or on behalf of a state or local governmental unit.
Section 2. Except as provided for in section 3 of this Act and notwithstanding any other law, an
interview, meeting, conference, or on-site intervention in which critical incident stress management
services are provided shall be:
(1) Closed to the general public; and
(2) Closed to any person who was not directly involved in the critical incident or the critical
incident stress management.
Section 3. The confidentiality provided for in section 2 of this Act does not apply if:
(1) The critical incident stress management services are conducted on-site, in public, because
of exigent circumstances inherent in the critical incident itself;
(2) The emergency service provider, or the legal representative of the provider, expressly
agrees that the interview, meeting, conference, or on-site intervention may be open to the
general public or to certain specified persons.
Section 4. Except as otherwise provided for in section 5 of this Act, a communication made by
an emergency service provider to a critical incident stress management team or to a peer support
team member while the provider receives critical incident stress management services is confidential
and may not be disclosed in a civil or administrative proceeding.
Any record kept by a critical incident stress management team or a peer support team member,
relating any critical incident stress management services to an emergency service provider, is
confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil or
administrative proceeding.
Section 5. A communication or record described by section 4 of this Act is not confidential if:
(1) It conveys information to an appropriate professional for further consultation, advice, or
referral service that the critical incident stress management team reasonably deems
necessary for the continuing care of the emergency service provider;
(2) It conveys information that the emergency service provider is or reasonably appears to be
an imminent threat to the provider or others;
(3) It conveys information relating to a past, present, or future criminal act;
(4) The emergency service provider, or the legal representative of the provider, expressly
agrees that the communication or record is not confidential; or
(5) The emergency service provider is deceased.
A communication or record described by section 4 of this Act is not confidential to the extent
that it only conveys information concerning the services and care provided to or withheld by the
emergency service provider to an individual injured or killed in the critical incident.
Section 6. A critical incident stress management team or a peer support team member providing
critical incident stress management services is not liable for damages, including personal injury,
wrongful death, property damage, or other loss related to the team or member's act, error, or
omission in the performance of the services, unless the act, error, or omission constitutes wanton,
willful, or intentional misconduct.
Signed March 10, 2015
_______________
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CHAPTER 188
(HB 1080)
Authorize the use of investigational treatments for patients.
ENTITLED, An Act to authorize the use of investigational treatments for patients under certain
conditions and to restrict certain causes of action arising from investigational treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Advanced illness," any progressive disease, medical, or surgical condition that entails
significant functional impairment, that is not considered by a treating physician to be
reversible even with administration of current federally approved and available
treatments, and that without life sustaining procedures, would result in death;
(2) "Investigational drug, biological product, or device," any drug, biological product, or
device that has successfully completed phase 1 of a clinical trial but has not yet been
approved for general use by the United States Food and Drug Administration and remains
under investigation in a United States Food and Drug Administration approved clinical
trial;
(3) "Physician," any person who is licensed pursuant to the provisions of chapter 36-4.
Section 2. For the purposes of this Act, the term, eligible patient, means a patient who meets all
the following qualifications:
(1) Has an advanced illness, attested by the patient's treating physician;
(2) Has considered all other treatment options currently approved by the United States Food
and Drug Administration;
(3) Has received a recommendation from the patient's treating physician for an investigational
drug, biological product, or device;
(4) Has given written, informed consent for the use of the investigational drug, biological
product, or device; and
(5) Has documentation from the patient's treating physician that the patient meets
requirements pursuant to this Act.
Section 3. For purposes of this Act, the term, written, informed consent, consists of a signed
writing executed by the patient, parent, or legal guardian, if the patient is a minor, or substitute
informed consent from an appointed guardian, an attorney-in-fact, or a person with authority
pursuant to chapter 34-12C, if the patient is incapacitated as defined in § 34-12C-1, and attested to
by the treating physician, that:
(1) Explains the currently approved products and treatments for the disease or condition from
which the patient suffers;
(2) Attests to the fact that the patient concurs with his or her treating physician that no current
United States Food and Drug Administration approved treatment would likely prolong the
patient's life;
(3) Clearly identifies the specific proposed investigational drug, biological product, or device
that the patient is seeking to use;
(4) Describes the potential outcomes of using investigational drug, biological product, or
device. The description shall include any possibility of worsening symptoms and death
hastened by the treatment;
(5) Contains a statement that the patient's health insurance carrier is not obligated to pay for
any care or treatments consequent to the use of the investigational drug, biological
product, or device;
(6) Makes clear that the patient's eligibility for hospice care may be withdrawn if the patient
begins curative treatment with the investigational drug, biological product, or device and
that care may be reinstated if this treatment ends and patient meets hospice eligibility
requirements; and
(7) Makes clear that the patient understands that he or she is liable for all expense consequent
to the use of the investigational drug, biological product, or device.
Section 4. A manufacturer of an investigational drug, biological product, or device may make
the treatment available, and an eligible patient may request the manufacturer's investigational drug,
biological product, or device for treatment pursuant to this Act. This Act does not require that a
manufacturer make available an investigational drug, biological product, or devices to an eligible
patient.
Section 5. A manufacturer may provide an investigational drug, biological product, or device to
an eligible patient without receiving compensation.
Section 6. If a patient dies while being treated by an investigational drug, biological product, or
device, the manufacturer may not seek reimbursement for any outstanding debt related to the
treatment or lack of insurance due to the treatment from the patient's or caretaker's estate.
Section 7. No licensing board may revoke, fail to renew, suspend, or take any action against a
health care provider's license pursuant to the provisions of chapter 36-4, based solely on the health
care provider's recommendations to an eligible patient regarding access to or treatment with an
investigational drug, biological product, or device. No entity responsible for Medicare certification
may take action against a health care provider's Medicare certification based solely on the health care
provider's recommendation regarding an investigational drug, biological product, or device.
Section 8. A treating physician who is in compliance with the requirements of this Act may not
be subject to arrest or prosecution, penalty, or denial of any right or privilege granted otherwise.
Section 9. No official, employee, or agent of this state may block or attempt to block an eligible
patient's access to an investigational drug, biological product, or device. Counseling, advice, or a
recommendation consistent with medical standards of care from a licensed health care provider is
not a violation of this section.
Section 10. This Act does not create a private cause of action against a manufacturer of an
investigational drug, biological product, or device, or against another person or entity involved in
the care of an eligible patient using the investigational drug, biological product, or device for any
harm done to the eligible patient resulting from treatment if the manufacturer or other person or
entity is complying in good faith with the terms of this Act and exercised reasonable care.
Signed March 12, 2015
_______________
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CHAPTER 189
(HB 1057)
Appropriation for health care professionals.
ENTITLED, An Act to make an appropriation to reimburse certain eligible health care professionals
who have complied with the requirements of the rural health care facility 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 two hundred sixty
thousand dollars ($260,000), or so much thereof as may be necessary, to the Department of Health
for the purposes of reimbursing eligible health care practitioners who have, in the determination of
the department, met the requirements of § 34-12G-12.
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 February 26, 2015
_______________
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CHAPTER 190
(SB 39)
Appropriation for costs related to disasters.
ENTITLED, An Act to make an appropriation for costs related to disasters in the state 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 six million eight
hundred twenty-nine thousand four hundred dollars ($6,829,400), or so much thereof as may be
necessary, to the special emergency and disaster special revenue fund for costs related to disasters
in South Dakota.
Section 2. The secretary of public safety 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 13, 2015
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ENVIRONMENTAL PROTECTION
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CHAPTER 191
(HB 1071)
Nominating petition signatures number revised
for sanitary district trustees.
ENTITLED, An Act to revise the number of signatures required for a nominating petition for
sanitary district trustees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34A-5-21 be amended to read as follows:
34A-5-21. Any trustee to be elected at the initial election shall be nominated by any person in
attendance at the meeting at which the organizational election is held. Any trustee to be elected at
a subsequent election shall be nominated by filing with the district clerk, not more than forty nor less
than twenty days before any subsequent election, a nomination petition for office of trustee. The
petition shall be in writing and shall contain the candidate's name, residence, business address, and
the office for which the candidate is named and. The petition shall be signed by at least twenty-five
qualified voters or five percent of the qualified voters. However, no petition need be signed by more
than fifty voters, whichever is less.
Signed February 18, 2015
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CHAPTER 192
(HB 1014)
Department of Environment and Natural Resources
statutory clean-up.
ENTITLED, An Act to repeal certain obsolete and unnecessary statutes relating to the Department
of Environment and Natural Resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34A-6-23 be repealed.
Section 2. That § 45-2-4.1 be repealed.
Section 3. That § 46A-1-9 be repealed.
Section 4. That § 46A-1-16 be repealed.
Section 5. That § 46A-16-2 be repealed.
Signed February 12, 2015
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CHAPTER 193
(HB 1229)
The release of medical waste regulated.
ENTITLED, An Act to revise provisions related to the release of medical waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34A-6-102.1 be amended to read as follows:
34A-6-102.1. A person, as defined in subdivision 22-1-2(31), but excluding any natural person
is guilty of unlawful release of medical waste if the person with negligence engages in conduct which
causes the release of medical waste to a recycling disposal destination. Any natural person is guilty
of unlawful release of medical waste if the person with negligence engages in conduct which causes
the release of medical waste from a residence to a recycling disposal destination with knowledge of
the prohibition contained in this section. Unlawful release of medical waste is a Class 2
misdemeanor.
Section 2. That § 34A-6-93.1 be amended to read as follows:
34A-6-93.1. For purposes of this chapter, medical waste means disposable equipment,
instruments, utensils, human tissue, laboratory waste, blood specimens, or other substances that
could carry pathogenic organisms but shall exclude household waste including medical waste
generated at a private residence.
Signed March 10, 2015
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ALCOHOLIC BEVERAGES
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CHAPTER 194
(HB 1107)
Certain alcoholic beverages may be classified as cider.
ENTITLED, An Act to revise the definition of certain alcoholic beverages that are classified as cider.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (3A) of § 35-1-1 be amended to read as follows:
(3A) "Cider," any alcoholic beverage obtained by the fermentation of the juice of apples or
pears that contains not less than one-half of one percent of alcohol by volume and not
more than ten percent of alcohol by weight, including flavored, sparkling, or carbonated
cider;
Signed March 12, 2015
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CHAPTER 195
(SB 120)
Special off-sale wine and beer license allowed.
ENTITLED, An Act to revise certain provisions regarding special alcoholic beverage licenses issued
in conjunction with special events and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-124 be amended to read as follows:
35-4-124. Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (16) in
addition to any other licenses held by the special events license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (12) or
chapter 35-12 in addition to any other licenses held by the special events license
applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to subdivision 35-4-2(4) or (6) in addition to any other licenses
held by the special events license applicant; or
(4) A special off-sale package wine dealers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A),
or (19) or chapter 35-12 in addition to any other licenses held by the special events license
applicant. A special off-sale package wine dealers licensee may only sell wine
manufactured by a farm winery that is licensed pursuant to chapter 35-12;
(5) A special off-sale package wine dealers license in conjunction with a special event,
conducted pursuant to section 2 of this Act, within the municipality or county to any civic,
charitable, educational, fraternal, or veterans organization;
(6) A special off-sale package malt beverage dealers license in conjunction with a special
event, conducted pursuant to section 2 of this Act, within the municipality or county to
any civic, charitable, educational, fraternal, or veterans organization; or
(7) A special off-sale package dealers license in conjunction with a special event, conducted
pursuant to section 2 of this Act, within the municipality or county to any civic,
charitable, educational, fraternal, or veterans organization.
Any license issued pursuant to this section may be issued for a period of time established by the
municipality or county. However, no period of time may exceed fifteen consecutive days. No public
hearing is required for the issuance of a license pursuant to this section if the person applying for the
license holds an on-sale alcoholic beverage license or a retail malt beverage license in the
municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage
license, and the license is to be used in a publicly-owned facility. The local governing body shall
establish rules to regulate and restrict the operation of the special license, including rules limiting
the number of licenses that may be issued to any person within any calendar year.
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
A civic, charitable, educational, fraternal, or veterans organization holding a special events
license pursuant to subdivision 35-4-124(5) may accept donated wine from members of the public
to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization
holding a special events license pursuant to subdivision 35-4-124(6) may accept donated malt
beverages from members of the public to be sold at the special event. A civic, charitable,
educational, fraternal, or veterans organization holding a special events license pursuant to
subdivision 35-4-124(7) may accept donated alcoholic beverages from members of the public to be
sold at the special event.
Any donated alcoholic beverage must have been purchased from a licensed South Dakota retailer
by the donor.
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 13, 2015
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\196.wpd
CHAPTER 196
(HB 1001)
Wine direct shipment to the consumer regulated.
ENTITLED, An Act to establish a wine direct shipment license and wine carrier license to enable
the direct shipments of certain wine in South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Common carrier," a carrier which holds itself out to the general public as engaged in the
business of transporting goods for a fee;
(2) "Department," the South Dakota Department of Revenue;
(3) "Direct shipper," a winery that has obtained a wine direct shipper license;
(4) "Purchase price," the price of a product charged to the end consumer before the
application of South Dakota state and local taxes;
(5) "Wine carrier," a common carrier that has obtained a wine carrier license;
(6) "Winery," a winery that produces its own wine and holds a federal basic wine
manufacturing permit.
Section 2. Any winery located within or outside of the state may obtain a wine direct shipper
license. An applicant for an initial or renewal wine direct shipper license shall:
(1) File an application with the department on a form prescribed by the department;
(2) Pay a license fee of one hundred dollars;
(3) Submit a copy of the applicant's current federal basic wine manufacturing permit;
(4) Register each brand label offered for sale in this state, if not previously registered, and pay
all applicable brand registration fees pursuant to chapter 39-13;
(5) Hold a South Dakota sales and use tax license issued by the department; and
(6) Be current on the remittance of all applicable state and local taxes.
The department shall issue a wine direct shipper license to any applicant who meets the
requirements of this section and this Act.
Section 3. Any common carrier may apply for a wine carrier license. An applicant for an initial
or renewal wine carrier license shall:
(1) File an application with the department on a form prescribed by the department; and
(2) Pay a license fee of one hundred dollars.
The department shall issue a wine carrier license to any applicant who meets the requirements
of this section and this Act. Any money collected pursuant to this section shall be deposited in the
general fund.
Section 4. Each wine direct shipper license and wine carrier license is valid from twelve o'clock
midnight on the thirty-first day of December to twelve o'clock midnight on the thirty-first day of the
next December. However, the license is valid for an additional three days if a proper application for
a new license is in the possession of the department before midnight on the thirty-first day of
December when the license expires. The full fee shall be charged for any license for a portion of the
period.
Section 5. Notwithstanding any other provisions of title 35, a direct shipper licensed pursuant
to this Act may sell and ship wine to any person in this state who is twenty-one years of age or older
if the wine is registered for direct shipment as required pursuant to section 2 of this Act. Before
shipping the wine, the direct shipper shall verify the age of the person placing the order by obtaining
a copy of the person's valid age-bearing photo identification document issued by this state, another
state, or the federal government, or by using an age verification service. The direct shipper shall
record the name, address, date of birth, and telephone number of the person placing the order on the
order form or other verifiable record. The direct shipper shall notify the person placing the order that
the recipient of the shipment is required to show a valid age-bearing photo identification document
issued by this state, another state, or the federal government upon delivery. No direct shipper may
ship more than twelve cases of wine, containing no more than nine liters per case, in any calendar
year to any person for personal use under this Act.
Section 6. A direct shipper shall label each package to be shipped in accordance with the
provisions of this Act so that it conspicuously contains words indicating the package contains
alcohol and that the signature of a person twenty-one years of age or older is required for delivery.
Any direct shipper who causes a direct shipment of wine in violation of the provisions of section 5
of this Act or this section is subject to a civil penalty of one thousand dollars for a first offense and
two thousand dollars for a second or subsequent offense. Penalties may be levied by the Department
of Revenue. Any money collected pursuant to this section shall be deposited in the general fund.
Section 7. Each shipment of wine made in accordance with this Act shall be delivered by a wine
carrier and shall be accompanied by a shipping label that conforms to the requirements contained
in section 6 of this Act. The wine carrier shall obtain the signature of a person twenty-one years of
age or older prior to delivery of the shipment, and shall request that the person signing for the
shipment display a valid age-bearing photo identification document issued by this state, another state,
or the federal government verifying that the person is twenty-one years of age or older.
Any common carrier or wine carrier who delivers wine to a person under twenty-one years of age
is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars for
a second or subsequent offense. Any money collected pursuant to this section shall be deposited in
the general fund.
Section 8. That § 35-9-1.2 be amended to read as follows:
35-9-1.2. Any person charged with a violation of § 35-9-1 or, 35-9-1.1, or section 7 of this Act,
may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age
of the person by examining an age-bearing identification document that would have appeared valid
to a reasonable and prudent person.
Section 9. No person may receive more than twelve cases of wine, containing no more than nine
liters per case, in any calendar year for personal use under this Act. No person who receives wine
pursuant to the provisions of this Act may resell any of the wine. It is a Class 2 misdemeanor for any
person to receive more than twelve cases of wine during a calendar year in violation of the provisions
of this Act. It is a Class 1 misdemeanor for any person to resell or attempt to resell any wine obtained
pursuant to the provisions of this Act.
Section 10. A direct shipper may only ship wine that was produced by the direct shipper in
accordance with the direct shipper's federal basic wine manufacturing permit. A violation of this
section is a Class 2 misdemeanor.
Section 11. A direct shipper is deemed to have consented to the jurisdiction of the department
and the courts of the state of South Dakota with respect to the enforcement of the provisions of this
Act. The direct shipper shall allow the department to perform an audit of the direct shipper's records,
including any documents used to verify the age of any person ordering wine from the direct shipper
and provide copies of any such records upon request.
Section 12. A direct shipper shall file quarterly reports with the department on or before the
fifteenth day of the month following each quarterly period. The required quarterly report shall be
filed even if no business was transacted in this state during the reporting period.
The report shall include:
(1) The business name, address, and direct shipper license number of the direct shipper;
(2) The total gallons of wine shipped to recipients in this state during the quarterly period;
(3) The name and address of shipment recipients in this state and the number of cases, or
portions thereof, received per recipient during the quarterly period;
(4) The wine carrier or carriers used to deliver each shipment; and
(5) The date, wine type, brand label, quantity, and purchase price of each shipment, along
with any taxes paid by the purchaser, during the quarterly period.
Section 13. A wine carrier shall file quarterly reports with the department on or before the
fifteenth day of the month following each quarterly period. The required quarterly report shall be
filed even if no business was transacted in this state during the reporting period.
The report shall include:
(1) The business name and address of the direct shipper for each shipment;
(2) The date of shipment;
(3) The name and address of shipment recipients in this state; and
(4) The weight in pounds of each package shipped.
Section 14. A direct shipper shall pay the alcoholic beverage occupational taxes as prescribed
pursuant to § 35-5-2, according to the rates established in subdivisions 35-5-3(2), (3), and (4).
Notwithstanding the filing and payment requirements prescribed in chapter 35-5, a direct shipper
shall include on the report required by section 12 of this Act the gallons of wine shipped to recipients
in this state in each wine category as set forth in subdivisions 35-5-3(2), (3), and (4), and calculate
the tax due for each wine category.
Additionally, the direct shipper shall pay the tax imposed by § 35-5-6.1 on shipped wine based
upon the purchase price of the wine sold to the consumer. The direct shipper shall remit the taxes
quarterly on or before the fifteenth day of the month following each quarterly period.
A direct shipper that is also licensed as a farm winery pursuant to chapter 35-12 shall receive a
credit for any occupational tax paid pursuant to §§ 35-12-7 and 35-12-8 for any wine sold for
shipment in this state by the direct shipper.
Section 15. All reports required pursuant to sections 12 and 13 of this Act shall be submitted by
electronic means to the department. All taxes required to be remitted pursuant to section 14 of this
Act shall be remitted by electronic transfer to the department.
Section 16. Any sale and shipment of wine directly to a person in this state from a winery that
does not hold a current wine direct shipper license is prohibited. For the first offense, the department
shall send a certified letter to any person who violates this section and order the person to cease and
desist any shipment of wine into this state. For any subsequent violation, the department shall notify
the alcoholic beverage control agency in the person's state of domicile, if other than this state, and
the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury of
the violation. Any person who violates this section is subject to a civil penalty of up to five thousand
dollars. Any money collected pursuant to this section shall be deposited in the general fund.
Section 17. The department may promulgate rules, pursuant to chapter 1-26, concerning:
(1) Forms necessary for the implementation of this Act;
(2) Reporting and tracking requirements for wine direct shipper licensees; and
(3) The procedure for filing tax returns and the payment of all applicable taxes.
Section 18. The department shall compile and publish on its internet website a list of wine labels
registered for sale and shipped in the state each quarter, based on information reported pursuant to
section 12 of this Act. The list shall include:
(1) The manufacturer's name and address;
(2) Each brand label shipped by the manufacturer; and
(3) Whether the manufacturer shipped the brand label to any consumer.
Section 19. That § 35-12A-1 be amended to read as follows:
35-12A-1. Notwithstanding any other provision of law, any person who is at least twenty-one
years of age may purchase and receive wine from another state as provided in this section if the wine
is not in distribution in this state and the wine comes from a winery that is located in a state that
affords South Dakota wineries an equal reciprocal shipping privilege, or a winery located in South
Dakota. The person shall may place an order with a licensee as defined in subdivision 35-4-2(3) or,
(5), or (12). The licensee shall order the wine through a wholesaler licensed pursuant to subdivision
35-4-2(2) and the wholesaler shall arrange the purchase of wine. The licensee shall inform the
purchaser of the cost of the wine, the amount of any tax that would apply to the purchase pursuant
to § 35-5-3, the amount of sales tax that would apply, and the amount of charges for freight and
handling. The licensee shall collect the total amount due from the customer before ordering the wine
through the wholesaler. After receiving the order for the wine from the licensed retailer the
wholesaler shall arrange for the wine to be shipped directly to the licensee who placed the order for
the purchaser. Wine purchased pursuant to this chapter may only be delivered and received by the
purchaser from a licensee as defined in subdivision 35-4-2(3) or, (5), or (12).
Section 20. That § 35-12A-2 be amended to read as follows:
35-12A-2. If the wholesaler orders twelve or less cases of a particular brand of wine for an
individual purchaser in one calendar year pursuant to this section chapter, no registration fee
pursuant to chapter 39-13 may be imposed.
Section 21. That § 35-12A-4 be repealed.
Section 22. That § 35-12A-5 be repealed.
Section 23. That § 37-10A-1 be amended to read as follows:
37-10A-1. Alcoholic beverages An alcoholic beverage may not be sold below the wholesale cost
of such the alcoholic beverages beverage, unless the sale constitutes the termination of the sale of
the alcoholic beverage on the licensed premises. Alcoholic beverages Any alcoholic beverage offered
for sale at less than wholesale cost may not be offered again for sale on the licensed premises for a
period of less than one year after termination of the sale of said the product on the licensed premises.
Wholesale cost is the consideration paid by a retailer to a wholesaler to acquire an alcoholic
beverages beverage and includes but is not limited to the purchase price and freight charges. If no
wholesaler is used in the sale, the direct shipper may not sell the alcoholic beverage below the
manufacturer's cost.
Section 24. That § 35-2-21 be amended to read as follows:
35-2-21. If a violation is established in any proceeding under pursuant to the provisions of this
title a violation is established or § 37-10A-1, but the secretary is satisfied that the nature and the
circumstances of the violation were such that a suspension of the license would be adequate, the
secretary may, instead of revoking the license, suspend it for a period not exceeding sixty days. The
suspension is effective twenty-four hours after service of notice of the suspension upon the licensee.
During the period of the suspension, the licensee may not exercise any rights or privileges under the
license. The secretary may, in lieu of suspending or revoking the license, accept a monetary offer in
compromise in settlement of any proceeding under pursuant to the provisions of this title. The
amount of the offer in compromise may not exceed seventy-five thousand dollars. The secretary may
also recover the actual costs of investigation and prosecution.
Section 25. That § 35-2-10 be amended to read as follows:
35-2-10. The secretary, in compliance with chapter 1-26, may revoke or suspend any license
issued under this title upon proof of violation by the licensee, by the licensee's agents or employees,
or by the manager or contractual operators of retail establishments and their agents or employees
operating under a county or municipal license, of any of the following:
(1) Any provision of this title or § 37-10A-1;
(2) Any rule promulgated pursuant to this title; or
(3) Any ordinance or regulation relevant to alcoholic beverage control that has been adopted
by the political subdivision issuing the license.
For any licensee with multiple alcoholic beverage licenses for the same premises, upon
suspension or revocation of any license pursuant to this title, the licensee shall cease operation under
all alcoholic beverage licenses held by the licensee for the same premises for the same period as the
suspension or revocation.
Section 26. The effective date of this Act is January 1, 2016.
Signed February 19, 2015
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\197.wpd
CHAPTER 197
(HB 1004)
Direct sale of distilled spirits from artisan distillers
to retailers and wholesalers.
ENTITLED, An Act to authorize the direct sale of distilled spirits from artisan distillers to retailers
and wholesalers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-13-9 be amended to read as follows:
35-13-9. A license issued pursuant to § 35-13-2 authorizes the sale on the distillery premises of
distilled spirits produced by the artisan distillery at for on-sale or off-sale, in total quantities not in
excess of and the dispensing of free samples of the distilled spirits offered for sale, on the distillery
premises. Notwithstanding the provisions of § 35-4-47 or 35-4-60, an artisan distiller licensed
pursuant to this chapter may also sell the distilled spirits produced pursuant to the license to
wholesalers and retailers licensed pursuant to subdivisions 35-4-2(2), (3), (4), (5), (6), (9), (11), and
(13). Distilled spirits sold pursuant to this section may not exceed fifty thousand gallons in a calendar
year and the dispensing of free samples of distilled spirits offered for sale. Except as provided in this
chapter, such sales shall comply with the provisions of Title title 35.
Signed February 19, 2015
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PROFESSION AND OCCUPATIONS
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CHAPTER 198
(SB 63)
Interstate Medical Licensure Compact enacted.
ENTITLED, An Act to adopt the Interstate Medical Licensure Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Interstate Medical Licensure Compact is enacted into law and entered into with
all other jurisdictions that legally join the compact, which is substantially as follows:
INTERSTATE MEDICAL LICENSURE COMPACT
SECTION 1: PURPOSE
In order to strengthen access to health care, and in recognition of the advances in the delivery of
health care, the member states of the Interstate Medical Licensure Compact have allied in common
purpose to develop a comprehensive process that complements the existing licensing and regulatory
authority of state medical boards, provides a streamlined process that allows physicians to become
licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the
safety of patients. The compact creates another pathway for licensure and does not otherwise change
a state's existing Medical Practice Act. The compact also adopts the prevailing standard for licensure
and affirms that the practice of medicine occurs where the patient is located at the time of the
physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the
state medical board where the patient is located. State medical boards that participate in the compact
retain the jurisdiction to impose an adverse action against a license to practice medicine in that state
issued to a physician through the procedures in the compact.
(a) "Bylaws" means those bylaws established by the Interstate Commission pursuant to
section 11 for its governance, or for directing and controlling its actions and conduct.
(b) "Commissioner" means the voting representative appointed by each member board
pursuant to section 11.
(c) "Conviction" means a finding by a court that an individual is guilty of a criminal offense
through adjudication, or entry of a plea of guilt or no contest to the charge by the offender.
Evidence of an entry of a conviction of a criminal offense by the court shall be considered
final for purposes of disciplinary action by a member board.
(d) "Expedited License" means a full and unrestricted medical license granted by a member
state to an eligible physician through the process set forth in the compact.
(e) "Interstate Commission" means the interstate commission created pursuant to section 11.
(f) "License" means authorization by a state for a physician to engage in the practice of
medicine, which would be unlawful without the authorization.
(g) "Medical Practice Act" means laws and regulations governing the practice of allopathic
and osteopathic medicine within a member state.
(h) "Member Board" means a state agency in a member state that acts in the sovereign
interests of the state by protecting the public through licensure, regulation, and education
of physicians as directed by the state government.
(i) "Member State" means a state that has enacted the compact.
(j) "Practice of Medicine" means the clinical prevention, diagnosis, or treatment of human
disease, injury, or condition requiring a physician to obtain and maintain a license in
compliance with the Medical Practice Act of a member state.
(k) "Physician" means any person who:
(1) Is a graduate of a medical school accredited by the Liaison Committee on Medical
Education, the Commission on Osteopathic College Accreditation, or a medical
school listed in the International Medical Education Directory or its equivalent;
(2) Passed each component of the United States Medical Licensing Examination
(USMLE) or the Comprehensive Osteopathic Medical Licensing Examination
(COMLEX-USA) within three attempts, or any of its predecessor examinations
accepted by a state medical board as an equivalent examination for licensure
purposes;
(3) Successfully completed graduate medical education approved by the Accreditation
Council for Graduate Medical Education or the American Osteopathic Association;
(4) Holds specialty certification or a time-unlimited specialty certificate recognized by
the American Board of Medical Specialties or the American Osteopathic
Association's Bureau of Osteopathic Specialists;
(5) Possesses a full and unrestricted license to engage in the practice of medicine
issued by a member board;
(6) Has never been convicted, received adjudication, deferred adjudication, community
supervision, or deferred disposition for any offense by a court of appropriate
jurisdiction;
(7) Has never held a license authorizing the practice of medicine subjected to
discipline by a licensing agency in any state, federal, or foreign jurisdiction,
excluding any action related to nonpayment of fees related to a license;
(8) Has never had a controlled substance license or permit suspended or revoked by
a state or the United States Drug Enforcement Administration; and
(10) Is not under active investigation by a licensing agency or law enforcement authority
in any state, federal, or foreign jurisdiction.
(l) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.
(m) "Rule" means a written statement by the Interstate Commission promulgated pursuant to
section 12 of the compact that is of general applicability, implements, interprets, or
prescribes a policy or provision of the Compact, or an organizational, procedural, or
practice requirement of the Interstate Commission, and has the force and effect of
statutory law in a member state, and includes the amendment, repeal, or suspension of an
existing rule.
(n) "State" means any state, commonwealth, district, or territory of the United States.
(o) "State of Principal License" means a member state where a physician holds a license to
practice medicine and which has been designated as such by the physician for purposes
of registration and participation in the compact.
(a) A physician must meet the eligibility requirements as defined in section 2(k) to receive an
expedited license under the terms and provisions of the compact.
(b) A physician who does not meet the requirements of section 2(k) may obtain a license to
practice medicine in a member state if the individual complies with all laws and requirements, other
than the compact, relating to the issuance of a license to practice medicine in that state.
SECTION 4: DESIGNATION OF STATE OF PRINCIPAL LICENSE
(a) A physician shall designate a member state as the state of principal license for purposes of
registration for expedited licensure through the compact if the physician possesses a full and
unrestricted license to practice medicine in that state, and the state is:
(1) The state of primary residence for the physician; or
(2) The state where at least twenty-five percent of the practice of medicine occurs; or
(3) The location of the physician's employer; or
(4) If no state qualifies under subsection (1), subsection (2), or subsection (3), the state
designated as state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as state of principal license at any time, as long
as the state meets the requirements in subsection (a).
(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another
member state as the state of principal license.
SECTION 5: APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE
(a) A physician seeking licensure through the compact shall file an application for an expedited
license with the member board of the state selected by the physician as the state of principal license.
(b) Upon receipt of an application for an expedited license, the member board within the state
selected as the state of principal license shall evaluate whether the physician is eligible for expedited
licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the
Interstate Commission.
(i) Static qualifications, which include verification of medical education, graduate medical
education, results of any medical or licensing examination, and other qualifications as
determined by the Interstate Commission through rule, shall not be subject to additional
primary source verification where already primary source verified by the state of principal
license.
(ii) The member board within the state selected as the state of principal license shall, in the
course of verifying eligibility, perform a criminal background check of an applicant,
including the use of the results of fingerprint or other biometric data checks compliant
with the requirements of the Federal Bureau of Investigation, with the exception of federal
employees who have suitability determination in accordance with U.S. C.F.R. §731.202.
(iii) Appeal on the determination of eligibility shall be made to the member state where the
application was filed and shall be subject to the law of that state.
(c) Upon verification in subsection (b), physicians eligible for an expedited license shall
complete the registration process established by the Interstate Commission to receive a license in a
member state selected pursuant to subsection (a), including the payment of any applicable fees.
(d) After receiving verification of eligibility under subsection (b) and any fees under subsection
(c), a member board shall issue an expedited license to the physician. This license shall authorize
the physician to practice medicine in the issuing state consistent with the Medical Practice Act and
all applicable laws and regulations of the issuing member board and member state.
(e) An expedited license shall be valid for a period consistent with the licensure period in the
member state and in the same manner as required for other physicians holding a full and unrestricted
license within the member state.
(f) An expedited license obtained though the compact shall be terminated if a physician fails to
maintain a license in the state of principal licensure for a nondisciplinary reason, without
redesignation of a new state of principal licensure.
(g) The Interstate Commission is authorized to develop rules regarding the application process,
including payment of any applicable fees, and the issuance of an expedited license.
SECTION 6: FEES FOR EXPEDITED LICENSURE
(a) A member state issuing an expedited license authorizing the practice of medicine in that state
may impose a fee for a license issued or renewed through the compact.
(b) The Interstate Commission is authorized to develop rules regarding fees for expedited
licenses.
SECTION 7: RENEWAL AND CONTINUED PARTICIPATION
(a) A physician seeking to renew an expedited license granted in a member state shall complete
a renewal process with the Interstate Commission if the physician:
(1) Maintains a full and unrestricted license in a state of principal license;
(2) Has not been convicted, received adjudication, deferred adjudication, community
supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) Has not had a license authorizing the practice of medicine subject to discipline by a
licensing agency in any state, federal, or foreign jurisdiction, excluding any action related
to nonpayment of fees related to a license; and
(4) Has not had a controlled substance license or permit suspended or revoked by a state or
the United States Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or continuing medical
education requirements for renewal of a license issued by a member state.
(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license
and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c), a member board shall renew the
physician's license.
(e) Physician information collected by the Interstate Commission during the renewal process will
be distributed to all member boards.
(f) The Interstate Commission is authorized to develop rules to address renewal of licenses
obtained through the compact.
SECTION 8: COORDINATED INFORMATION SYSTEM
(a) The Interstate Commission shall establish a database of all physicians licensed, or who have
applied for licensure, under section 5.
(b) Notwithstanding any other provision of law, member boards shall report to the Interstate
Commission any public action or complaints against a licensed physician who has applied or
received an expedited license through the compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary
and proper by rule of the Interstate Commission.
(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory
information not required by subsection (c) to the Interstate Commission.
(e) Member boards shall share complaint or disciplinary information about a physician upon
request of another member board.
(f) All information provided to the Interstate Commission or distributed by member boards shall
be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The Interstate Commission is authorized to develop rules for mandated or discretionary
sharing of information by member boards.
SECTION 9: JOINT INVESTIGATIONS
(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective Medical Practice Act
or other applicable state law, a member board may participate with other member boards in joint
investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation, or compliance materials in furtherance
of any joint or individual investigation initiated under the compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the
practice of medicine in any other member state in which a physician holds a license to practice
medicine.
SECTION 10: DISCIPLINARY ACTIONS
(a) Any disciplinary action taken by any member board against a physician licensed through the
compact shall be deemed unprofessional conduct which may be subject to discipline by other
member boards, in addition to any violation of the Medical Practice Act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of principal license is
revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to
the physician by member boards shall automatically be placed, without further action necessary by
any member board, on the same status. If the member board in the state of principal license
subsequently reinstates the physician's license, a license issued to the physician by any other member
board shall remain encumbered until that respective member board takes action to reinstate the
license in a manner consistent with the Medical Practice Act of that state.
(c) If disciplinary action is taken against a physician by a member board not in the state of
principal license, any other member board may deem the action conclusive as to matter of law and
fact decided, and:
(i) Impose the same or lesser sanction(s) against the physician so long as such sanctions are
consistent with the Medical Practice Act of that state; or
(ii) Pursue separate disciplinary action against the physician under its respective Medical
Practice Act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished
in lieu of discipline, or suspended, then any license(s) issued to the physician by any other member
board(s) shall be suspended, automatically and immediately without further action necessary by the
other member board(s), for ninety days upon entry of the order by the disciplining board, to permit
the member board(s) to investigate the basis for the action under the Medical Practice Act of that
state. A member board may terminate the automatic suspension of the license it issued prior to the
completion of the ninety day suspension period in a manner consistent with the Medical Practice Act
of that state.
SECTION 11: INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION
(a) The member states hereby create the Interstate Medical Licensure Compact Commission.
(b) The purpose of the Interstate Commission is the administration of the Interstate Medical
Licensure Compact, which is a discretionary state function.
(c) The Interstate Commission shall be a body corporate and joint agency of the member states
and shall have all the responsibilities, powers, and duties set forth in the compact, and such
additional powers as may be conferred upon it by a subsequent concurrent action of the respective
legislatures of the member states in accordance with the terms of the compact.
(d) The Interstate Commission shall consist of two voting representatives appointed by each
member state who shall serve as commissioners. In states where allopathic and osteopathic
physicians are regulated by separate member boards, or if the licensing and disciplinary authority is
split between multiple member boards within a member state, the member state shall appoint one
representative from each member board. A commissioner shall be a(n):
(1) Allopathic or osteopathic physician appointed to a member board;
(2) Executive director, executive secretary, or similar executive of a member board; or
(3) Member of the public appointed to a member board.
(e) The Interstate Commission shall meet at least once each calendar year. A portion of this
meeting shall be a business meeting to address such matters as may properly come before the
commission, including the election of officers. The chairperson may call additional meetings and
shall call for a meeting upon the request of a majority of the member states.
(f) The bylaws may provide for meetings of the Interstate Commission to be conducted by
telecommunication or electronic communication.
(g) Each commissioner participating at a meeting of the Interstate Commission is entitled to one
vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless
a larger quorum is required by the bylaws of the Interstate Commission. A commissioner shall not
delegate a vote to another commissioner. In the absence of its commissioner, a member state may
delegate voting authority for a specified meeting to another person from that state who shall meet
the requirements of subsection (d).
(h) The Interstate Commission shall provide public notice of all meetings and all meetings shall
be open to the public. The Interstate Commission may close a meeting, in full or in portion, where
it determines by a two-thirds vote of the commissioners present that an open meeting would be likely
to:
(1) Relate solely to the internal personnel practices and procedures of the Interstate
Commission;
(2) Discuss matters specifically exempted from disclosure by federal statute;
(3) Discuss trade secrets, commercial, or financial information that is privileged or
confidential;
(4) Involve accusing a person of a crime, or formally censuring a person;
(5) Discuss information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
(6) Discuss investigative records compiled for law enforcement purposes; or
(7) Specifically relate to the participation in a civil action or other legal proceeding.
(i) The Interstate Commission shall keep minutes which shall fully describe all matters discussed
in a meeting and shall provide a full and accurate summary of actions taken, including record of any
roll call votes.
(j) The Interstate Commission shall make its information and official records, to the extent not
otherwise designated in the compact or by its rules, available to the public for inspection.
(k) The Interstate Commission shall establish an executive committee, which shall include
officers, members, and others as determined by the bylaws. The executive committee shall have the
power to act on behalf of the Interstate Commission, with the exception of rulemaking, during
periods when the Interstate Commission is not in session. When acting on behalf of the Interstate
Commission, the executive committee shall oversee the administration of the compact including
enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such
duties as necessary.
(l) The Interstate Commission may establish other committees for governance and administration
of the compact.
SECTION 12: POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the duty and power to:
(a) Oversee and maintain the administration of the compact;
(b) Promulgate rules which shall be binding to the extent and in the manner provided for in
the compact;
(c) Issue, upon the request of a member state or member board, advisory opinions concerning
the meaning or interpretation of the compact, its bylaws, rules, and actions;
(d) Enforce compliance with compact provisions, the rules promulgated by the Interstate
Commission, and the bylaws, using all necessary and proper means, including but not
limited to the use of judicial process;
(e) Establish and appoint committees including, but not limited to, an executive committee
as required by section 11, which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties;
(f) Pay, or provide for the payment of the expenses related to the establishment, organization,
and ongoing activities of the Interstate Commission;
(g) Establish and maintain one or more offices;
(h) Borrow, accept, hire, or contract for services of personnel;
(i) Purchase and maintain insurance and bonds;
(j) Employ an executive director who shall have such powers to employ, select or appoint
employees, agents, or consultants, and to determine their qualifications, define their
duties, and fix their compensation;
(k) Establish personnel policies and programs relating to conflicts of interest, rates of
compensation, and qualifications of personnel;
(l) Accept donations and grants of money, equipment, supplies, materials and services, and
to receive, utilize, and dispose of it in a manner consistent with the conflict of interest
policies established by the Interstate Commission;
(m) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve
or use, any property, real, personal, or mixed;
(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property, real, personal, or mixed;
(o) Establish a budget and make expenditures;
(p) Adopt a seal and bylaws governing the management and operation of the Interstate
Commission;
(q) Report annually to the Legislatures and Governors of the member states concerning the
activities of the Interstate Commission during the preceding year. Such reports shall also
include reports of financial audits and any recommendations that may have been adopted
by the Interstate Commission;
(r) Coordinate education, training, and public awareness regarding the compact, its
implementation, and its operation;
(s) Maintain records in accordance with the bylaws;
(t) Seek and obtain trademarks, copyrights, and patents; and
(u) Perform such functions as may be necessary or appropriate to achieve the purposes of the
compact.
SECTION 13: FINANCE POWERS
(a) The Interstate Commission may levy on and collect an annual assessment from each member
state to cover the cost of the operations and activities of the Interstate Commission and its staff. The
total assessment must be sufficient to cover the annual budget approved each year for which revenue
is not provided by other sources. The aggregate annual assessment amount shall be allocated upon
a formula to be determined by the Interstate Commission, which shall promulgate a rule binding
upon all member states.
(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same.
(c) The Interstate Commission shall not pledge the credit of any of the member states, except by,
and with the authority of, the member state.
(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified
or licensed public accountant and the report of the audit shall be included in the annual report of the
Interstate Commission.
SECTION 14: ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall, by a majority of commissioners present and voting, adopt
bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the
compact within twelve months of the first Interstate Commission meeting.
(b) The Interstate Commission shall elect or appoint annually from among its commissioners a
chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties
as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the
vice-chairperson, shall preside at all meetings of the Interstate Commission.
(c) Officers selected in subsection (b) shall serve without remuneration from the Interstate
Commission.
(d) The officers and employees of the Interstate Commission shall be immune from suit and
liability, either personally or in their official capacity, for a claim for damage to or loss of property
or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged
act, error, or omission that occurred, or that such person had a reasonable basis for believing
occurred, within the scope of Interstate Commission employment, duties, or responsibilities;
provided that such person shall not be protected from suit or liability for damage, loss, injury, or
liability caused by the intentional or willful and wanton misconduct of such person.
(1) The liability of the executive director and employees of the Interstate Commission or
representatives of the Interstate Commission, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring within such person's state,
may not exceed the limits of liability set forth under the constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is considered to be
an instrumentality of the states for the purposes of any such action. Nothing in this
subsection shall be construed to protect such person from suit or liability for damage, loss,
injury, or liability caused by the intentional or willful and wanton misconduct of such
person.
(2) The Interstate Commission shall defend the executive director, its employees, and subject
to the approval of the attorney general or other appropriate legal counsel of the member
state represented by an Interstate Commission representative, shall defend such Interstate
Commission representative in any civil action seeking to impose liability arising out of
an actual or alleged act, error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities, or that the defendant had a
reasonable basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged act, error, or
omission did not result from intentional or willful and wanton misconduct on the part of
such person.
(3) To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall be held
harmless in the amount of a settlement or judgment, including attorney's fees and costs,
obtained against such persons arising out of an actual or alleged act, error, or omission
that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
SECTION 15: RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(a) The Interstate Commission shall promulgate reasonable rules in order to effectively and
efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event the
Interstate Commission exercises its rule-making authority in a manner that is beyond the scope of
the purposes of the compact, or the powers granted hereunder, then such an action by the Interstate
Commission shall be invalid and have no force or effect.
(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made
pursuant to a rule-making process that substantially conforms to the Model State Administrative
Procedure Act of 2010, and subsequent amendments thereto.
(c) Not later than thirty days after a rule is promulgated, any person may file a petition for
judicial review of the rule in the United States District Court for the District of Columbia or the
federal district where the Interstate Commission has its principal offices, provided that the filing of
such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court
finds that the petitioner has a substantial likelihood of success. The court shall give deference to the
actions of the Interstate Commission consistent with applicable law and shall not find the rule to be
unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate
Commission.
SECTION 16: OVERSIGHT OF INTERSTATE COMPACT
(a) The executive, legislative, and judicial branches of state government in each member state
shall enforce the compact and shall take all actions necessary and appropriate to effectuate the
compact's purposes and intent. The provisions of the compact and the rules promulgated hereunder
shall have standing as statutory law but shall not override existing state authority to regulate the
practice of medicine.
(b) All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of the compact which
may affect the powers, responsibilities or actions of the Interstate Commission.
(c) The Interstate Commission shall be entitled to receive all service of process in any such
proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to
provide service of process to the Interstate Commission shall render a judgment or order void as to
the Interstate Commission, the compact, or promulgated rules.
SECTION 17: ENFORCEMENT OF INTERSTATE COMPACT
(a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of the compact.
(b) The Interstate Commission may, by majority vote of the commissioners, initiate legal action
in the United States District Court for the District of Columbia, or, at the discretion of the Interstate
Commission, in the federal district where the Interstate Commission has its principal offices, to
enforce compliance with the provisions of the compact, and its promulgated rules and bylaws,
against a member state in default. The relief sought may include both injunctive relief and damages.
In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees.
(c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The
Interstate Commission may avail itself of any other remedies available under state law or the
regulation of a profession.
SECTION 18: DEFAULT PROCEDURES
(a) The grounds for default include, but are not limited to, failure of a member state to perform
such obligations or responsibilities imposed upon it by the compact, or the rules and bylaws of the
Interstate Commission promulgated under the compact.
(b) If the Interstate Commission determines that a member state has defaulted in the performance
of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the
Interstate Commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature of the
default, the means of curing the default, and any action taken by the Interstate
Commission. The Interstate Commission shall specify the conditions by which the
defaulting state must cure its default; and
(2) Provide remedial training and specific technical assistance regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from
the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges,
and benefits conferred by the compact shall terminate on the effective date of termination. A cure
of the default does not relieve the offending state of obligations or liabilities incurred during the
period of the default.
(d) Termination of membership in the compact shall be imposed only after all other means of
securing compliance have been exhausted. Notice of intent to terminate shall be given by the
Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's
Legislature, and each of the member states.
(e) The Interstate Commission shall establish rules and procedures to address licenses and
physicians that are materially impacted by the termination of a member state, or the withdrawal of
a member state.
(f) The member state which has been terminated is responsible for all dues, obligations, and
liabilities incurred through the effective date of termination including obligations, the performance
of which extends beyond the effective date of termination.
(g) The Interstate Commission shall not bear any costs relating to any state that has been found
to be in default or which has been terminated from the compact, unless otherwise mutually agreed
upon in writing between the Interstate Commission and the defaulting state.
(h) The defaulting state may appeal the action of the Interstate Commission by petitioning the
United States District Court for the District of Columbia or the federal district where the Interstate
Commission has its principal offices. The prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees.
SECTION 19: DISPUTE RESOLUTION
(a) The Interstate Commission shall attempt, upon the request of a member state, to resolve
disputes which are subject to the compact and which may arise among member states or member
boards.
(b) The Interstate Commission shall promulgate rules providing for both mediation and binding
dispute resolution as appropriate.
SECTION 20: MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state is eligible to become a member state of the compact.
(b) The compact shall become effective and binding upon legislative enactment of the compact
into law by no less than seven states. Thereafter, it shall become effective and binding on a state
upon enactment of the compact into law by that state.
(c) The Governors of nonmember states, or their designees, shall be invited to participate in the
activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all
states.
(d) The Interstate Commission may propose amendments to the compact for enactment by the
member states. No amendment shall become effective and binding upon the Interstate Commission
and the member states unless and until it is enacted into law by unanimous consent of the member
states.
(a) Once effective, the compact shall continue in force and remain binding upon each and every
member state; provided that a member state may withdraw from the compact by specifically
repealing the statute which enacted the compact into law.
(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but
shall not take effect until one year after the effective date of such statute and until written notice of
the withdrawal has been given by the withdrawing state to the Governor of each other member state.
(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission
in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(d) The Interstate Commission shall notify the other member states of the withdrawing state's
intent to withdraw within sixty days of its receipt of notice provided under subsection (c).
(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred through
the effective date of withdrawal, including obligations, the performance of which extend beyond the
effective date of withdrawal.
(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state
reenacting the compact or upon such later date as determined by the Interstate Commission.
(g) The Interstate Commission is authorized to develop rules to address the impact of the
withdrawal of a member state on licenses granted in other member states to physicians who
designated the withdrawing member state as the state of principal license.
(a) The compact shall dissolve effective upon the date of the withdrawal or default of the member
state which reduces the membership in the compact to one member state.
(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no
further force or effect, and the business and affairs of the Interstate Commission shall be concluded
and surplus funds shall be distributed in accordance with the bylaws.
SECTION 23: SEVERABILITY AND CONSTRUCTION
(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence, or
provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of the compact shall be liberally construed to effectuate its purposes.
(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate
compacts to which the states are members.
SECTION 24: BINDING EFFECT OF COMPACT AND OTHER LAWS
(a) Nothing herein prevents the enforcement of any other law of a member state that is not
inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the
conflict.
(c) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated
by the commission, are binding upon the member states.
(d) All agreements between the Interstate Commission and the member states are binding in
accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the
Legislature of any member state, such provision shall be ineffective to the extent of the conflict with
the constitutional provision in question in that member state.
Section 2. No state general funds shall be used to support the Interstate Medical Licensure
Compact enacted by this bill.
Signed March 11, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\198.wpd
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\199.wpd
CHAPTER 199
(HB 1045)
Licensure of dentists, dental hygienists,
and registration of dental auxiliaries.
ENTITLED, An Act to revise certain provisions regarding licensure of dentists and dental hygienists
and registration of dental auxiliaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Terms used in this chapter mean:
(1) "Allied dental educational program," a dental hygiene, dental assisting, or laboratory
technology educational program;
(2) "Board," the State Board of Dentistry;
(3) "Collaborative agreement," a written agreement between a supervising dentist and a dental
hygienist authorizing the preventive and therapeutic services that may be performed by
the dental hygienist under collaborative supervision;
(4) "Collaborative supervision," the supervision of a dental hygienist requiring a collaborative
agreement between a supervising dentist and a dental hygienist;
(5) "Commercial dental laboratory," an enterprise engaged in making, providing, repairing,
or altering oral prosthetic appliances and other artificial materials and devices which are
returned to a dentist and inserted into the human oral cavity or which come in contact with
its adjacent structures and tissues;
(6) "Complete evaluation," a comprehensive examination, review of medical and dental
history, the formulation of a diagnosis, and the establishment of a written treatment plan,
documented in a written or electronic record to be maintained by the dentist's clinic or
other treatment facility or institution;
(7) "Dental," pertaining to dentistry;
(8) "Dental assistant," a person who, under the supervision of a dentist or dental hygienist,
renders assistance as authorized by this chapter;
(9) "Dental auxiliary," any person, other than a dental hygienist, that works under the
supervision of a dentist and provides dental services to a patient;
(10) "Dental corporation," any entity formed pursuant to chapter 47-12;
(11) "Dental hygienist," a person licensed as a dental hygienist pursuant to this chapter, who,
under the supervision of a dentist, renders the diagnostic, preventive, or therapeutic dental
services, and any educational services provided pursuant thereto, as authorized by this
chapter, as well as any related extra-oral procedure required in the practice of those
services;
(12) "Dental radiographer," a person registered as a dental radiographer pursuant to this
chapter;
(13) "Dental radiography," the application of X- radiation to human teeth and supporting
structures for diagnostic purposes only;
(14) "Dental specialist," a dentist in a specialty recognized by the board that has graduated
from a postdoctoral specialty program recognized and approved by the American Dental
Association Commission on Dental Accreditation;
(15) "Dental technician," a person performing acts authorized pursuant to this chapter, who,
at the authorization of a dentist, makes, provides, repairs, or alters oral prosthetic
appliances and other artificial materials and devices which are returned to a dentist and
inserted into the human oral cavity or which come in contact with its adjacent structures
and tissues;
(16) "Dentist," a person licensed as a dentist pursuant to this chapter;
(17) "Dentistry," the examination, evaluation, diagnosis, prevention, or treatment, including
surgery and the prescribing of drugs, of diseases, disorders, or conditions of the human
oral cavity or its adjacent or associated tissues and structures of the maxillofacial area, and
their impact on the human body;
(18) "Direct supervision," the supervision of a dental hygienist or registered dental assistant
requiring that a dentist diagnose the condition to be treated, a dentist authorize the
procedure to be performed, a dentist remain in the dental clinic while the procedure is
performed, and before dismissal of the patient a dentist approve the work performed by
the dental hygienist or registered dental assistant;
(19) "Expanded functions," reversible procedures which require professional proficiency and
specific training, performed under the direct supervision of a dentist;
(20) "General supervision," the supervision of a dental hygienist requiring that a dentist
authorize the procedures to be carried out, and that the patient to be treated is a patient of
record of the supervising dentist, or a dentist practicing within the same entity or clinic
as the supervising dentist, and has had a complete evaluation within the previous thirteen
months of the delegation of procedures. A written treatment plan contained within the
patient's record shall accompany any authorization of treatment procedures;
(21) "Indirect supervision," the supervision of a dental hygienist or registered dental assistant
requiring that a dentist authorize the procedures and a dentist be in the dental clinic while
the procedures are performed by the registered dental assistant or dental hygienist;
(22) "Lay member," a person who is not a health professional, and who is not a parent, spouse,
sibling, or child of a health professional or health professional student. For purposes of
board membership, no person with a significant financial interest in a health service or
profession may be a lay member;
(23) "Licensee," a dentist or dental hygienist;
(24) "Patient of record," a patient who has undergone a complete evaluation performed by a
dentist;
(25) "Personal supervision," a level of supervision whereby the dentist or dental hygienist is
personally treating a patient and authorizes the dental assistant to aid the treatment by
concurrently performing a supportive procedure;
(26) "Practitioner," a dentist or dental hygienist;
(27) "Registered dental assistant," a person registered as a registered dental assistant pursuant
to this chapter who is authorized to perform expanded functions under the direct
supervision of a dentist as authorized by this chapter;
(28) "Registrant," a dental radiographer or registered dental assistant;
(29) "Satellite office," an office, building, or location used regularly by a dentist for the
practice of dentistry other than the clinic listed as the primary clinic; and
(30) "Teledentistry," the practice of dentistry where the patient and the dentist are not in the
same physical location, and which utilizes the exchange of clinical information and
images over remote distances.
Section 2. That § 36-6A-1 be amended to read as follows:
36-6A-1. The State Board of Dentistry shall consist of seven members. Five members shall be
dentists in active practice in South Dakota for at least five years immediately preceding appointment.
One member shall be a lay person and a resident of this state at least five years. One member shall
be a dental hygienist in active practice in South Dakota at least five years.
Section 3. That § 36-6A-5 be amended to read as follows:
36-6A-5. The board shall elect annually from its members a president, vice-president, and a
secretary-treasurer. No member may serve as president for more than three consecutive one year
terms.
Section 4. That § 36-6A-6 be amended to read as follows:
36-6A-6. The Board of Dentistry board shall continue within the Department of Health, and shall
retain all its prescribed functions, including administrative functions. The board shall submit such
records, information, and reports in the form and at such times as required by the secretary of health.
However, the board shall report at least annually.
Section 5. That § 36-6A-7 be amended to read as follows:
36-6A-7. The board may accept any funds which may be made available to it from any source.
All funds received by the board shall be paid to the secretary-treasurer thereof, or his staff assistant,
who shall deposit such funds each month, to be kept in a separate fund for the sole use and under the
sole control of the board carrying out the provisions of this chapter. Payments out of the fund may
shall be made only upon authorization by the president of the board or the secretary-treasurer thereof.
The board may expend the necessary funds for its offices and furniture, fixtures, and supplies funds
necessary for the board to administer and carry out the provisions of this chapter. No expense may
be incurred by the board in excess of the revenue derived from all sources.
Section 6. That § 36-6A-8 be amended to read as follows:
36-6A-8. Out of the funds coming into the possession of the Board of Dentistry board, the board
members may receive the compensation and reimbursement of expenses provided by law. The
secretary-treasurer shall in addition thereto be paid a salary to be set by resolution of stipend
approved by the board. The board may expend funds in accordance with chapter 3-6A for
administrative, consultant, secretarial, clerical, and stenographic services for the board necessary for
the board to administer and carry out the provisions of this chapter, the amount of the expenditures
to be set by the board. Any member, if serving as a regional or national dental examiner, may receive
compensation from the examining agency.
Section 7. That § 36-6A-9 be amended to read as follows:
36-6A-9. The board may affiliate with the American Association of Dental Examiners Boards
and the Central Regional Dental Testing Service any regional or national dental testing agency
recognized by the board as active members, pay regular annual dues to such associations the entities,
and send members and agents of the board as delegates to the meetings of such associations the
entities. Such delegates Each member and agent may receive the per diem and reimbursement of
expenses provided by law for members of the board.
Section 8. That § 36-6A-10 be amended to read as follows:
36-6A-10. The board shall have a common seal. The board shall hold at least two regular
meetings each year annually at times and places to be fixed set by the board and shall give
examinations to applicants at either a regular meeting, a special meeting, or at such other times as
may be necessary and as the board may determine. All regular meetings shall be held at such places
within this state as the board shall determine. A quorum of the board may hold special meetings for
the purpose of conducting examinations. However, the cost of the examinations shall be borne
entirely by those persons wishing to have the State Board of Dentistry conduct the examinations. The
board may hold other meetings at a time and place set by the president or a majority of the board.
A majority of the board may call a meeting, without the call of the president.
Section 9. That § 36-6A-11 be amended to read as follows:
36-6A-11. A majority of board members constitutes a quorum. A majority vote of those present
shall constitute a decision of the entire Board of Dentistry. A majority of the board may call a
meeting without the call of the president board.
Section 10. That § 36-6A-12 be amended to read as follows:
36-6A-12. A member of the Board of Dentistry board may be removed from office for cause, or
if he is physically or mentally unable to carry out his the duties as of a board member, or if found
guilty of a violation of any provision of § 36-6A-59. A board member subject to disciplinary
proceedings shall disqualify himself from board business until the charge is adjudicated this chapter.
Section 11. That § 36-6A-13 be amended to read as follows:
36-6A-13. Any member of the Board of Dentistry is immune from individual civil liability while
acting within the scope of his duties as a board member 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 duties.
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 this
immunity applies.
Section 12. That § 36-6A-14 be amended to read as follows:
36-6A-14. The Board of Dentistry shall board may:
(1) Through its policies and activities, and by rules promulgated pursuant to chapter 1-26,
establish Establish standards for, and promote, the safe and qualified practice of dentistry;
(2) Be responsible for Conduct all disciplinary proceedings under this chapter;
(3) By rules promulgated pursuant to chapter 1-26, establish Establish educational, training
and competency standards governing the examination and practice of practitioners under
this chapter dentists and dental hygienists using national accrediting agencies and
accepted nationally established standards if applicable;
(4) Examine, or cause to be examined, for competency, eligible applicants, eligible by virtue
of graduation from an American Dental Association Commission on Dental Accreditation
accredited dental or dental hygiene formal educational program, for licenses to practice
dentistry or dental hygiene an eligible applicant for a license to practice as a dentist or a
dental hygienist or a registration to practice as a dental radiographer or registered dental
assistant;
(5) Issue licenses to those applicants who successfully complete the licensure examination
a license to practice as a dentist or a dental hygienist to an applicant who has met the
licensure standards of this chapter and renew the licenses of those practitioners dentists
and dental hygienists who continue to meet the licensure standards of this chapter;
(6) Register, pursuant to rules promulgated pursuant to chapter 1-26, those applicants who
successfully complete the registration requirements for dental radiography Issue a
registration to practice as a dental radiographer or a registered dental assistant to an
applicant who has met the registration standards of this chapter and renew the
registrations of dental radiographers and registered dental assistants that continue to meet
the registration standards of this chapter;
(7) Register, pursuant to rules promulgated pursuant to chapter 1-26, those applicants who
successfully complete certain educational, training and competency requirements for a
dental assistant Establish minimum educational, training and competency standards
governing the practice of dental radiographers, registered dental assistants, and dental
assistants;
(8) Establish, pursuant to rules promulgated pursuant to chapter 1-26, reasonable
requirements governing the reentry into practice of inactive practitioners and
reinstatement of previously licensed practitioners;
(9) Establish and collect, pursuant to rules promulgated pursuant to chapter 1-26, fees for
licensure, registration, examination, continuing education, license renewal, reinstatement,
satellite office, corporations, corporation renewals, limited liability companies, limited
liability company renewals, registration renewals and fines, permits and permit renewals;
and fees as provided for by this chapter;
(10) Permit dental hygienists and dental assistants to perform, under the supervision of a
dentist, additional procedures established by rules promulgated pursuant to chapter 1-26;
(11) Establish continuing education and continuing competency requirements for dentists,
dental hygienists, dental radiographers, and registered dental assistants;
(12) Establish requirements governing the prescriptive authority of dentists;
(13) Establish minimum educational, training, and competency standards governing the
administration of sedation and anesthesia;
(14) Establish continuing education and continuing competency requirements for the
administration of sedation and anesthesia;
(15) Communicate disciplinary actions and license and registration status to relevant state and
federal governing bodies as may be required;
(16) Employ personnel in accordance with the needs and budget of the board;
(17) Enter into contracts as necessary to carry out the board's responsibilities pursuant to the
provisions of this chapter;
(18) Establish standards for teledentistry;
(19) Establish standards and registration requirements governing dental corporations;
(20) Promulgate rules pursuant to chapter 1-26 to effectuate the provisions of this chapter;
(21) Pursue legal actions against a person or entity that is not authorized to act by this chapter;
and
(22) Carry out the purposes and enforce the provisions of this chapter.
The board may authorize a hearing examiner to conduct the hearing required to determine a
violation of § 36-6A-22 or 36-6A-59.
Section 13. That § 36-6A-15 be amended to read as follows:
36-6A-15. The Board of Dentistry board may not promulgate a rule which:
(1) Is not authorized by this chapter or which does not relate to the protection of the public
from unsafe dental practices;
(2) Discriminates between licensees or registrants of the same class;
(3) Has as its primary purpose the promotion or protection of the economic interests of
practitioners licensees or registrants;
(4) Restricts the number of licensees or registrants for reasons other than their qualifications;
(5) Discriminates between programs approved under this chapter which train prospective
licensees or registrants, whether in or out of the state.
Section 14. That § 36-6A-16 be repealed.
Section 15. That § 36-6A-17 be amended to read as follows:
36-6A-17. The Board of Dentistry board may use its own staff or employ licensed dentists, or
contract with agents or investigators to assist in the enforcement of this chapter or any rule
promulgated by the board thereunder. If it appears to the board that a person is violating any
provision or rule of this chapter, the board may, in its own name, bring an action for an injunction
or in the name of the state, in the circuit court in any county in which jurisdiction is proper, bring an
action to enjoin the act, practice, or violation and to enforce compliance with this chapter or any rule
promulgated thereunder as an alternate alternative to criminal proceedings, and the commencement
of one proceeding by the board constitutes an election. Such proceedings shall be prosecuted by the
attorney general's office or person designated by the attorney general and retained by the board as
provided in § 36-6A-18.
Section 16. That § 36-6A-18 be amended to read as follows:
36-6A-18. The board and its members and officers shall assist any person charged with the
enforcement of this chapter, and the board, its members, agents, and officers shall furnish such the
person with evidence to assist in the prosecution of any violation or enforcement of this chapter, and
the board may, for that purpose, make a reasonable expenditure. The board may, if it deems best for
the enforcement of this chapter or in the conduct of its duties, employ an attorney designated by the
attorney general. The board shall fix and determine the compensation and period of service of such
the attorney who shall be paid out of the funds of the board.
Section 17. That § 36-6A-21 be repealed.
Section 18. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Pursuant to a complaint concerning the health or safety of patients or the public, the board, or
any of its members, officers, agents, or employees so authorized, may enter and inspect, during
business hours, any place where dentistry is practiced for the purpose of enforcing this chapter. The
inspection may include any dental or drug records, and the copying thereof, and inventories relating
to drugs and controlled substances required to be kept under the provisions of chapter 34-20B. The
board, its members, officers, agents, and employees shall maintain the confidential nature of any
records obtained pursuant to this section. Refusal to allow an inspection may constitute
unprofessional or dishonorable conduct.
Section 19. That § 36-6A-22 be amended to read as follows:
36-6A-22. The Board of Dentistry board shall receive complaints from its members, dentists,
dental groups, third party carriers providing financial reimbursement for dental services, or the public
concerning a practitioner's professional practices. Each complaint received shall be logged by the
secretary-treasurer recording the practitioner's name, name of the complaining party, date of the
complaint, a brief statement of the complaint and its ultimate disposition regarding the enforcement
of this chapter. A record of each complaint shall be maintained by the board. An investigation shall
be conducted by a member, or agent or an appointee of the board to determine whether an alleged
violation has been committed. The investigator, if a member of the board, may dismiss a complaint
if it appears to the member, either with or without the consultation of the board, that no violation has
been committed or the member may transfer the complaint to a peer review committee duly
appointed by a state or local professional society comprised of dentists licensed to practice their
profession in the State of South Dakota, or the member may request the board to fix set a date for
hearing on the complaint. If the investigator is an agent or an appointee of the board, dismissal of
the complaint or transferal to peer review may only be made by the president. Any agreed disposition
made between the investigator and the practitioner licensee or registrant shall be made known to and
approved by the board. The complaining party shall be notified promptly of the dismissal or the
agreed disposition final disposition of the complaint. The complaining party may appeal the
dismissal to the board within thirty days. The decision of the board may be appealed to the circuit
court in accordance with chapter 1-26 within thirty days. A license or registration shall remain in
effect during the pendency of an appeal unless suspended under § 36-6A-24. All disciplinary
proceedings held under the authority of this chapter shall be conducted in accordance with chapter
1-26.
Section 20. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Each facility licensed by the state where medicine or dentistry is practiced that suspends or
revokes the privilege of a licensee of the board to practice dentistry therein for professional
incompetence or unprofessional or dishonorable conduct as defined in this chapter shall report it in
writing to the board including the factual basis of such revocation or suspension of the practice
privilege. Any report made to the board pursuant to this section is confidential and subject to the
same restrictions set forth in section 21 of this Act. No licensed facility, complying in good faith
with this section, may be held liable for any injury or damage proximately resulting from the
compliance.
Section 21. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Testimony or documentary evidence of any kind obtained during the investigation of a complaint
is not subject to discovery or disclosure under chapter 15-6 or any other provision of law, and is not
admissible as evidence in any legal proceeding, until such time as the complaint becomes a contested
case as defined in subdivision 1-26-1(2). No person that has participated in the investigation of a
complaint may testify as an expert witness or be compelled to testify for any party in any action for
personal injury or wrongful death if the subject matter of the complaint investigated is a basis for the
action for personal injury or wrongful death.
Section 22. That § 36-6A-23 be amended to read as follows:
36-6A-23. The board may impose any of the following sanctions, singly or in combination, if it
finds that a practitioner person, entity, licensee, registrant, or dental corporation has violated any part
of § 36-6A-59 provision of this chapter or any rule promulgated thereunder:
(1) Revoke a practitioner's license to practice, registration, or permit for an indefinite period;
(2) Suspend a practitioner's license, registration, or permit for a specific or indefinite length
of time;
(3) Censure a practitioner Place on condition or limit a license, registration, or permit;
(4) Issue a censure or a letter of reprimand;
(5) Place a
practitioner licensee or registrant on probationary status and require the
practitioner licensee or registrant to report regularly to the board on the matters which are
the basis for probation, limit
his the licensee's or registrant's practice to areas prescribed
by the board and continue to renew require professional education until a satisfactory
degree of skill has been attained in those areas which are the basis of the probation. The
board may withdraw the probation if the board finds the deficiencies which require
disciplinary action have been remedied;
(6) Other sanctions which the board finds appropriate;
(7) Require the practitioner Impose a fee to reimburse the board in an amount equal to all or
part of the costs incurred for the investigation and disciplinary hearing proceedings
resulting in disciplinary action authorized by this chapter or the issuance of a cease and
desist order. The costs include the amount paid by the board for services from attorneys,
investigators, court reporters, witnesses, expert witnesses, reproduction of records, board
members' per diem compensation, board staff time, and expenses incurred for the
investigation and disciplinary proceedings; and
(8) Deny an application for a license, registration, or permit.
The board may withdraw the probation if it finds the deficiencies which require disciplinary
action have been remedied.
Section 23. That § 36-6A-24 be amended to read as follows:
36-6A-24. The board may summarily suspend a practitioner's license or registration in advance
of a final adjudication or during the appeals process if the board finds that a practitioner licensee or
registrant would represent a clear and immediate danger to the public health and safety if he were
allowed to continue to practice. A practitioner licensee or registrant whose license or registration is
suspended under this section is entitled to a hearing before the board within twenty days after the
effective date of the suspension. The practitioner licensee or registrant may subsequently appeal the
suspension to circuit court in accordance with chapter 1-26.
Section 24. That § 36-6A-25 be amended to read as follows:
36-6A-25. Any practitioner, dental radiographer, or advanced dental assistant licensee or
registrant whose license or registration to practice has been suspended or revoked may be have a
license or registration reinstated or a new license or registration may be issued to him, as the case
may be, when in the discretion of the board such the action is warranted. The board may require the
applicant to pay all costs of the proceedings resulting in his the suspension or revocation of the
license or registration and reinstatement or issuance of a new license or registration. In addition, the
board may, by rule promulgated pursuant to chapter 1-26, require a fee for reinstatement.
Section 25. That § 36-6A-26 be repealed.
Section 26. That § 36-6A-27 be amended to read as follows:
36-6A-27. There may be no monetary liability on the part of, and no cause of action for damages
may arise against, any member of a duly appointed committee of a state or local professional society,
comprised of dentists or dental hygienists licensed to practice their profession in the State of South
Dakota, for any act or proceeding undertaken or performed within the scope of the functions of any
such the committee which is formed to maintain the professional standards of the society established
by its bylaws, if such the committee member acts without malice, has made a reasonable effort to
obtain the facts of the matter as to which he the committee member acts, and acts in reasonable belief
that the action taken by him the committee member is warranted by the facts known to him the
committee member after such a reasonable effort to obtain facts. "Professional society" includes For
the purposes of this section, the term, professional society, means any dental organizations
organization having as members at least a majority of the eligible licensees in the area served by the
particular society. The provisions of this section do not affect the official immunity of an officer or
employee of a public corporation. No communications either to or from any such committee or its
members or its proceedings, if acting as a peer review committee concerning the ethical or
professional practices of any licensed dentist are discoverable for any purpose in any civil or criminal
action. However, such a communication is discoverable in an administrative proceeding as
contemplated by chapter 1-26. All such communications are confidential. The committee shall
transfer all documentation material to a complaint to the State Board of Dentistry board upon
subpoena by the board or upon filing a complaint. The confidentiality provided in this section shall
cease ceases upon transfer of the material to the board.
Section 27. That § 36-6A-28 be amended to read as follows:
36-6A-28. Every Each person who practices or as, attempts to practice dentistry as, or purports
to be a dentist, dental hygiene hygienist, or dental radiography, or to function as a dental hygienist,
or who purports to be a dentist or dental hygienist radiographer, or registered dental assistant in this
state without being licensed or without being registered for that purpose or without being exempted
from this chapter is guilty of a Class 1 misdemeanor.
A Any dentist who implies, purports or leads
his patients a patient to believe that
he the dentist
is a dental specialist
, unless he has met without meeting the educational requirements
adopted by the
Board of Dentistry before listing or identifying himself to the public as a dental specialist set forth
in this chapter, is guilty of a Class 1 misdemeanor.
No person who is not licensed to practice dentistry in this state may sell, offer, or advertise any
dental service including the furnishing, constructing, reproduction, relining, or repair of dentures,
bridges, plates, or other appliances to be used or worn as substitutes for natural teeth. However, the
mere delivery of products to an ultimate consumer or person acting in his behalf for the purpose of
transporting products to the licensed dentist who provided the work order does not violate this
section. This section does not apply to mailings, displays, and advertisements, the primary
distribution of which is to the dental profession or its ancillary trades.
Section 28. That § 36-6A-29 be amended to read as follows:
36-6A-29. No person licensed by this chapter may engage in advertising pertaining to the practice
of dentistry which may be fraudulent or misleading. A violation of this section is a Class 1
misdemeanor.
Section 29. That § 36-6A-30 be amended to read as follows:
36-6A-30. A No person not licensed to practice dentistry in this state may not sell, offer, provide,
or advertise any dental service including the furnishing, constructing, reproduction, relining, or repair
of dentures, bridges, plates, or other appliances to be used or worn as substitutes for natural teeth
unless the person holds the appropriate license, registration, or permit issued by the board. A
violation of this section is a Class 1 misdemeanor.
The mere delivery of products to an ultimate consumer or person acting
in his on behalf
of the
consumer for the purpose of transporting products to the
licensed dentist who provided the work
order is not a violation of this section. This section does not apply to mailings, displays, and
advertisements, the primary distribution of which is to the dental profession or its ancillary trades.
Section 30. That § 36-6A-31 be amended to read as follows:
36-6A-31. Only a dentist licensed or otherwise permitted to practice under this chapter may carry
on the profession of dentistry practice as a dentist in this state, unless otherwise stated in this chapter.
Dentists have the exclusive responsibility for:
(1) The diagnosis
and treatment planning of conditions within the human oral cavity and its
adjacent tissues and structures;
(2) The treatment plan of a dental patient The use of a dental degree, designation, card,
device, directory, sign, or other media whereby the person represents himself or herself
as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity,
deficiency, injury, or physical condition of the human tooth, teeth, alveolar process, gums
or jaw, or adjacent or associated tissues and structures;
(3) The prescribing of drugs which are administered to patients in the practice of dentistry or
prescribed to patients in connection with dental related ailments or conditions;
(4) The overall quality of patient care which is rendered or performed in the practice of
dentistry, regardless of whether the care is rendered personally by a dentist, dental
hygienist, or dental auxiliary;
(5) The supervision of dental hygienists and dental auxiliaries and authorization of
procedures to be performed by dental hygienists and dental auxiliaries;
(6) The review, reading, and evaluation of dental radiographs use of radiographic imaging for
dental diagnostic purposes;
(7) The delegation of procedures to a dental hygienist under general supervision. The dentist
shall have completed the last evaluation of the patient within thirteen months of the
delegation of procedures. The written treatment plan contained within the patient's record
shall accompany any delegation of treatment procedures; and;
(8) Any other specific services within the scope of dental practice;
(9) The management, ownership, or operation of a business, corporation, organization, or
entity through which dentistry, as defined in this chapter, is offered or provided to the
public;
(10) The performance of any dental procedure or operation of any kind gratuitously, or for a
fee, gift, compensation, or reward, paid or to be paid, either to the person providing the
service or to another person or entity;
(11) Offering or undertaking, by any means or method, to diagnose, treat or remove stains or
accretions from or change the color or appearance of human teeth;
(12) Performing any clinical procedure or operation included in the curricula of American
Dental Association Commission on Dental Accreditation accredited dental schools or
colleges; and
(13) Performing any irreversible dental procedure.
Section 31. That § 36-6A-32 be repealed.
Section 32. That § 36-6A-32.1 be repealed.
Section 33. That § 36-6A-32.2 be repealed.
Section 34. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
A dentist may prescribe or administer drugs only in connection with dental related ailments or
conditions.
Section 35. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
No licensee or registrant under this chapter may perform dental services that are outside the
scope of the licensee's or registrant's relevant education, training, and experience.
Section 36. That § 36-6A-33 be amended to read as follows:
36-6A-33. Section 36-6A-32 does The provisions of §§ 36-6A-30 and 36-6A-31 do not apply
to:
(1) Any dentist licensed in another state making a clinical presentation sponsored by a bona
fide board approved dental society or association or an American Dental Association
Commission on Dental Accreditation accredited dental educational institution;
(2) Any individual person enrolled in any American Dental Association Commission on
Dental Accreditation accredited dental or allied dental educational program or board
approved dental assisting educational program who works within a formal educational
facility or at a site remote from that educational facility under the direct supervision of a
licensed instructor, whether within a formal education facility or at a practice site remote
from that educational facility faculty member of that program who is appropriately
credentialed or licensed in a state;
(3) Any dental or dental auxiliary instructor, whether full-time or part-time, while engaged
in teaching activities while employed in accredited by or contracting with any dental or
allied dental educational program accredited by the American Dental Association
Commission on Dental Accreditation or any dental assisting instructor, whether full-time
or part-time, while engaged in teaching activities while employed by or contracting with
any board approved dental auxiliary assisting educational institutions program;
(4) Any dentist person licensed or registered as a dentist, dental hygienist, or registered dental
assistant in another state who provides renders emergency care or assistance at the scene
of the emergency to any person so in need;
(5) Any dental hygienist or dental auxiliary who is acting in accordance with § 36-6A-40, 36-6A-41, or 36-6A-43 this chapter;
(6) Any service, other than service performed directly upon the person of a patient, of
constructing, altering, repairing, or duplicating any denture, partial denture, crown, bridge,
splint, orthodontic, prosthetic, or other dental appliance, if performed pursuant to an order
from a dentist in accordance with § 36-6A-43;
(7) The practice of dentistry by any dentist in the discharge of the dentist's official duties in
any branch of the armed services of the United States, the United States Public Health
Service, or the United States Veterans Administration;
(8) The practice of dentistry by any licensed dentist of another state or country while
appearing as a clinician under the auspices of an American Dental Association
Commission on Dental Accreditation accredited dental school or college, or a board
approved dental society, or a board approved dental study club composed of dentists;
(9) The practice of dentistry provided by a community-based primary health care delivery
organization, which is operating as a community health center or migrant health center,
receiving funding assistance under § 329 or 330 of the United States Public Health
Service Act;
(10) The practice of dentistry provided by any mobile or portable dental unit operated by any
nonprofit organization affiliated with a nonprofit dental service corporation organized
pursuant to chapter 58-39;
(11) The practice of dentistry provided by any dental or allied dental educational program
accredited by the American Dental Association Commission on Dental Accreditation and
any dental assisting educational program approved by the board;
(12) The practice of dentistry provided by the state in any state owned and operated institution;
(13) The practice of dentistry provided by the federal government in any institution owned and
operated by the federal government;
(14) Any person who ministers or treats the sick or suffering or who treats for the purpose of
preventing sickness or suffering by mental or spiritual means exclusively; or
(15) The estate or agent for a deceased or substantially disabled dentist contracting with or
employing a dentist to manage the deceased or substantially disabled dentist's practice for
a period not to exceed twenty-four months following the date of death or substantial
disability of the dentist, until the entity can be sold or closed.
Section 37. That § 36-6A-34 be repealed.
Section 38. That § 36-6A-35 be repealed.
Section 39. That § 36-6A-36 be repealed.
Section 40. That § 36-6A-37 be repealed.
Section 41. That § 36-6A-38 be repealed.
Section 42. That § 36-6A-39 be amended to read as follows:
36-6A-39. Except as permitted by chapter 47-12, it is a Class 2 misdemeanor for any dentist
licensee, registrant, or dental corporation to divide fees with, or to promise to pay a part of his a fee
to, or to pay a commission to any dentist or any other person, who calls him in consultation or who
sends patients to him for treatment or operation. However, nothing in this section prohibits licensed
dentists from forming a bona fide partnership for the practice of dentistry, nor the actual employment
of a licensed dentist or a licensed dental hygienist licensee or registrant.
Section 43. 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 Only a dental hygienist licensed to practice pursuant to this
chapter may practice dental hygiene unless otherwise stated in this chapter. A 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) board and any educational services provided pursuant to those authorized
services. Such services may not include the establishment of a final diagnosis or treatment plan for
a dental patient. Such The services shall be performed under the 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
dental
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 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.
Section 44. That § 36-6A-40.1 be amended to read as follows:
36-6A-40.1. A dental hygienist may provide preventive and therapeutic services under
collaborative supervision of a dentist if the dental hygienist has met the following requirements:
(1) Possesses a license to practice in the state and has been actively engaged in the practice
of clinical dental hygiene in two of the previous three years;
(2) Has a written collaborative agreement with a licensed dentist; and
(3) Has satisfactorily demonstrated knowledge of medical and dental emergencies and their
management; infection control; pharmacology; disease transmission; management of early
childhood caries; and management of special needs populations.
Section 45. That § 36-6A-41 be amended to read as follows:
36-6A-41. The Board of Dentistry may set educational and training requirements for dental
assistants, including the practice of dental radiography and the monitoring of nitrous oxide
administration by dental assistants. Every licensed Each dentist who uses the services of a dental
assistant hygienist or dental auxiliary to assist him the dentist in the practice of dentistry is
responsible for the acts of the dental assistant hygienist or dental auxiliary while engaged in such
assistance. The dentist shall permit the dental assistant hygienist or dental auxiliary to perform only
those acts which he the dentist is authorized under this chapter to delegate to a dental assistant
hygienist or dental auxiliary. The acts shall be performed under supervision of a licensed dentist. The
board may permit differing levels of dental assistance based upon recognized educational standards,
approved by the board, for the training of dental assistants hygienists or dental auxiliaries. Any
licensed dentist who permits a dental auxiliary to perform any dental or dental hygiene service other
than that authorized by the board shall be deemed to be enabling an unlicensed person to be
practicing dentistry or dental hygiene, and commission of the act by a dental auxiliary is a violation
of this chapter.
Section 46. That § 36-6A-42 be repealed.
Section 47. That § 36-6A-43 be amended to read as follows:
36-6A-43. Dental technicians may work either in commercial dental laboratories or under the
supervision of a dentist. Technicians, when not working under the supervision of a dentist, may not
provide for dental patients' use any prosthetic appliances, materials, or devices which are inserted
in the human oral cavity unless ordered by a licensed dentist. Technicians may not provide intra-oral
services to patients. A technician or dental laboratory shall maintain a record of work orders for a
period of two years.
Section 48. That § 36-6A-44 be amended to read as follows:
36-6A-44. Any person not already a licensed dentist or dental hygienist of this state desiring to
practice dentistry or dental hygiene as a dentist may apply to the secretary-treasurer of the Board of
Dentistry for licensure. Unless otherwise provided obtain a license to practice as a dentist if the
applicant satisfies each of the following criteria:
(1) Each The application for a license to practice dentistry or dental hygiene shall be as a
dentist is in writing and signed by the applicant;
(2) An application for a license without examination shall be made in accordance with the
provisions of § 36-6A-47 or 36-6A-48 The applicant has passed a standardized national
comprehensive examination approved by the board;
(3) The applicant must be a graduate from a dental or dental hygiene school which is
accredited by the American dental association commission on dental accreditation and
shall be examined for a license to practice dentistry or dental hygiene has graduated from
an American Dental Association Commission on Dental Accreditation accredited United
States dental school, having obtained a doctor of dental medicine or a doctor of dental
surgery degree;
(4) Foreign-trained and other graduates from nonaccredited dental and dental hygiene
programs may apply for a dental or dental hygiene license. The board, by rule
promulgated pursuant to chapter 1-26, shall establish requirements to reasonably assure
that an applicant's training and education are sufficient for licensure Within five years
preceding the date of application, the applicant has passed a clinical regional or national
examination approved by the board or a state examination or examinations that the board
deems equivalent;
(5) The board may require a laboratory examination as a prerequisite to the clinical
examination of an applicant if it has reason to believe the applicant cannot practice safely
on a clinical patient due to a difference in the applicant's curriculum or any other bona
fide reason The applicant has passed an examination concerning the state laws and rules
relating to dentistry;
(6) All applicants who are admitted to the examination process shall be evaluated by the same
standards in examinations. Skill and performance standards required in the written,
laboratory and clinical examinations shall be the same for all applicants The applicant has
no disciplinary proceeding or unresolved disciplinary complaint pending before a dental
board at the time a license is to be issued by the board; and
(7) All applicants shall provide satisfactory evidence showing that they are The applicant
provides references that indicate the applicant is of good moral character;
(8) Every applicant for a license to practice dentistry or dental hygiene, whether by
examination or reciprocity, shall produce evidence satisfactory to the board that he is a
citizen of the United States or lawfully admitted alien, or he shall file an affidavit with the
board indicating his intent to become a citizen of the United States. However, if
citizenship has not been attained within eight years from the filing of such affidavit, he
forfeits the right to be licensed under this chapter.
The board may require a laboratory or clinical examination of any applicant if it has reason to
believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental program not accredited by the American
Dental Association Commission on Dental Accreditation may apply for a license to practice as a
dentist. The board, by rule promulgated pursuant to chapter 1-26, shall establish requirements to
reasonably ensure that an applicant's training and education are sufficient for licensure.
Section 49. That § 36-6A-45 be repealed.
Section 50. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Any person desiring to practice as a dental hygienist may obtain a license to practice as a dental
hygienist if the applicant satisfies each of the following criteria:
(1) The application for a license to practice as a dental hygienist is in writing and signed by
the applicant;
(2) The applicant has passed a standardized national comprehensive examination approved
by the board;
(3) The applicant has graduated from an American Dental Association Commission on Dental
Accreditation accredited United States dental hygiene school, having obtained a dental
hygiene degree;
(4) Within five years preceding the date of application, the applicant has passed a clinical
regional or national examination approved by the board or a state examination or
examinations that the board deems equivalent;
(5) The applicant has passed an examination concerning the state laws and rules relating to
dentistry;
(6) The applicant has no disciplinary proceeding or unresolved disciplinary complaint
pending before a dental board at the time a license is to be issued by the board; and
(7) The applicant provides references that indicate the applicant is of good moral character.
The board may require a laboratory or clinical examination of an applicant if it has reason to
believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental hygiene program not accredited by the
American Dental Association Commission on Dental Accreditation may apply for a license to
practice as a dental hygienist. The board, by rule promulgated pursuant to chapter 1-26, shall
establish requirements to reasonably ensure that an applicant's training and education are sufficient
for licensure.
Section 51. That § 36-6A-46 be repealed.
Section 52. That § 36-6A-47 be amended to read as follows:
36-6A-47. If an applicant for licensure is already licensed in another state to practice dentistry
or dental hygiene, the Board of Dentistry may issue the appropriate dental or dental hygienist license
to the applicant upon evidence that Any person licensed in another state desiring to practice as a
dentist may obtain a license to practice as a dentist if the applicant satisfies each of the following
criteria:
(1) The application for a license to practice as a dentist is in writing and signed by the
applicant;
(2) The applicant has graduated from an American Dental Association Commission on Dental
Accreditation accredited United States dental school, having obtained a doctor of dental
medicine or a doctor of dental surgery degree;
(3) The applicant is currently an active, competent practitioner, having completed a minimum
of three thousand dental clinical hours within the five years immediately preceding the
date of application;
(2)(4) The applicant has passed a standardized national comprehensive test selected examination
approved by the board, and has practiced at least three years out of the five years
immediately preceding his application;
(5) The applicant has passed a clinical regional or national examination approved by the
board or a state examination or examinations that the board deems equivalent;
(3)(6) The applicant currently holds a valid license in another state;
(4)(7) No The applicant has no disciplinary proceeding or unresolved disciplinary complaint is
pending anywhere before a dental board at the time a license is to be issued by this state
the board;
(5)(8) The licensure requirements in the other state are in the judgment of the board the same
as or higher than those required by this state;
(6)(9) The applicant provides references that indicate the applicant is of good moral character;
and
(7)(10) The applicant successfully passes has passed an examination concerning the state
laws of the State of South Dakota and rules relating to dentistry and the rules of the
board.
The board may require a laboratory or clinical examination of an applicant if it has reason to
believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental program not accredited by the American
Dental Association Commission on Dental Accreditation may apply for a license to practice as a
dentist. The board, by rule promulgated pursuant to chapter 1-25, shall establish requirements to
reasonably ensure that an applicant's training and education are sufficient for licensure.
Section 53. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Any person licensed in another state desiring to practice as a dental hygienist may obtain a
license to practice as a dental hygienist if the applicant satisfies each of the following criteria:
(1) The application for a license to practice as a dental hygienist is in writing and signed by
the applicant;
(2) The applicant has graduated from an American Dental Association Commission on Dental
Accreditation accredited United States dental hygiene school, having obtained a dental
hygiene degree;
(3) The applicant is currently an active, competent practitioner, having completed a minimum
of three thousand dental hygiene clinical practice hours within the five years immediately
preceding the date of application;
(4) The applicant has passed a standardized national comprehensive examination approved
by the board;
(5) The applicant has passed a clinical regional or national examination approved by the
board or a state examination or examinations that the board deems equivalent;
(6) The applicant currently holds a valid license in another state;
(7) The applicant has no disciplinary proceeding or unresolved disciplinary complaint
pending before a dental board at the time a license is to be issued by the board;
(8) The licensure requirements in the other state are in the judgment of the board the same
as or higher than those required by this state;
(9) The applicant provides references that indicate the applicant is of good moral character;
and
(10) The applicant has passed an examination concerning the state laws and rules relating to
dentistry.
The board may require a laboratory or clinical examination of an applicant if it has reason to
believe the applicant cannot practice safely.
Any foreign-trained or any other graduate from a dental hygiene program not accredited by the
American Dental Association Commission on Dental Accreditation may apply for a license to
practice as a dental hygienist. The board, by rule promulgated pursuant to chapter 1-26, shall
establish requirements to reasonably ensure that an applicant's training and education are sufficient
for licensure.
Section 54. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
An applicant, licensee, or registrant shall provide a certified translation of any document required
pursuant to this chapter.
Section 55. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
The board may, in compliance with chapter 1-26, refuse to grant a license or registration pursuant
to this chapter because of professional incompetence, or unprofessional or dishonorable conduct on
the part of the applicant.
Section 56. That § 36-6A-48 be amended to read as follows:
36-6A-48. The Board of Dentistry board shall, upon applicant's satisfactory completion of the
educational requirements and written, laboratory and clinical examinations authorized under
pursuant to this chapter and upon receipt of the requisite fees, issue or renew the appropriate dental
or dental hygiene license license to practice as a dentist or dental hygienist.
Section 57. That § 36-6A-49 be amended to read as follows:
36-6A-49. Any dentist or dental hygienist licensed in a state or territory of the United States
whose licensure requirements are equivalent or higher than those of this state and who has passed
a national comprehensive test selected by the Board of Dentistry within five years or who has been
in active practice three years immediately preceding his completed a minimum of fifteen hundred
clinical practice hours within the five years preceding the date of application or graduated from an
American Dental Association Commission on Dental Accreditation accredited United States dental
or dental hygiene school within three years preceding the date of application, with all licenses in
good standing and no disciplinary proceeding or unresolved disciplinary complaint pending before
a dental board, may be granted a temporary registration to practice in conjunction with a dentist or
entity pursuant to subdivision 36-6A-33(9), (10), (12), or (13) only until a date set by the board and
is subject to the requirements and conditions set forth in said registration. The dentist or dental
hygienist may receive the temporary registration on presentation of evidence that he has passed such
test or evidence of his active practice for three years immediately preceding his application and
payment of a fee to be set by the board.
Section 58. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Any person who has applied for a license to practice as a dentist or a dental hygienist and has met
all of the requirements for the license, may be granted a temporary registration to practice as a dentist
or a dental hygienist only until a date set by the board. The person is subject to the requirements and
conditions set forth in the registration.
Section 59. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Any person practicing under a temporary registration is subject to supervision and discipline by
the board pursuant to this chapter in the same manner as any other licensee pursuant to this chapter.
A person practicing under a temporary registration submits to jurisdiction by the board.
Section 60. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Any person who, while located outside this state, practices dentistry through teledentistry and
provides the dental services to a patient located in this state, is engaged in the practice of dentistry
in this state.
Section 61. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Any services provided by a licensee or registrant through teledentistry or electronic means shall
comply with the provisions of this chapter as if the services were provided in person by a licensee
or registrant.
Section 62. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
Nothing contained in this chapter may be construed to apply to any licensed person practicing
dentistry outside of this state when in actual consultation with a dentist in this state.
Section 63. That § 36-6A-50 be amended to read as follows:
36-6A-50. The Board of Dentistry board shall promulgate nonrefundable fees, by rule pursuant
to chapter 1-26, provided for in this chapter, within the following limits:
(1) Examination fee for dentists, not more than three hundred dollars;
(2) Examination fee for dental hygienists, not more than one hundred fifty dollars;
(3) Annual registration fee for dentists, not more than two hundred dollars;
(4) Annual registration fee for dental hygienists, not more than one hundred dollars;
(5) Duplicate license certificate or duplicate annual registration certificate fee for dentists or
dental hygienists, not less than five dollars nor more than fifteen dollars;
(6) Reinstatement fee, an amount equal to the examination fee;
(7) Continuing education program annual fee of, not more than twenty dollars;
(8) Registration certificate for satellite offices, not more than ten dollars;
(9) Temporary registration fee, not more than three hundred fifty dollars;
(10) Annual registration fee for persons practicing dental radiography dental radiographers, not
more than fifty dollars;
(11) Examination Application fee for dental radiographers, not more than fifty dollars;
(12) General Application fee and renewal fee for anesthesia, parenteral and sedation, and
nitrous oxide permits, not more than fifty dollars;
(13) Initial registration Application fee for persons practicing dentistry dentists, not more than
two hundred dollars;
(14) Initial registration Application fee for persons practicing dental hygiene dental hygienists,
not more than two hundred dollars;
(15) Initial registration Application fee for persons practicing expanded duties registered dental
assistants, not more than fifty dollars;
(16) Initial registration Application fee for persons practicing dental radiography dental
radiographers, not more than fifty dollars;
(17) Annual registration fee for persons practicing expanded duties registered dental assistants,
not more than fifty dollars; and
(18) Repealed by SL 2003, ch 199, § 1.
(19) Endorsement or credentials fee
for dentists and dental hygienists, not more than six
hundred dollars.
Section 64. That § 36-6A-51 be repealed.
Section 65. That § 36-6A-52 be amended to read as follows:
36-6A-52. As a condition of annual renewal of a license or registration, each licensee or
registrant shall, on or before the first day of July each year, transmit to the secretary-treasurer of the
Board of Dentistry board, upon a form prescribed by the board, information as determined by rule,
reasonably related to the administration of a licensure or registration system in the interest of public
health and safety, together with the fee established by the board. Failure of a licensee or registrant
to renew a license or registration on or before the first day of July constitutes a suspension of the
license or registration held by the licensee or registrant. At least thirty days before July first, the
board shall cause a written notice stating the amount and due date of the fee and the information to
be provided by the licensee or registrant, to be sent to each licensee and registrant. Each licensee and
registrant shall report the information as a condition of licensure the license or registration renewal,
except a change in home or office address shall be reported in accordance with § 36-6A-58.
Section 66. That § 36-6A-53 be repealed.
Section 67. That § 36-6A-54 be amended to read as follows:
36-6A-54.
Every licensed dentist or dental hygienist and every registered dental radiographer
Each licensee or registrant shall post and keep conspicuously his
or her name,
annual license
certificate, and annual registration certificate in
every office each dental clinic in which he
or she
practices, in plain sight of
his the patients.
If there is more than one dentist or dental hygienist or
registered dental radiographer practicing or employed in any office the manager or proprietor of the
office shall post and display the name, license certificate and registration certificate of each dentist,
dental hygienist, or registered dental radiographer practicing or employed therein. In addition there
shall be posted or displayed near or upon the entrance door to every office in which dentistry is
practiced, the name of each dentist practicing therein and the names shall be the name of the person
inscribed upon the license certificate and annual registration certificate of each dentist.
Section 68. That § 36-6A-55 be amended to read as follows:
36-6A-55. Every five years from original date of licensure or upon becoming registered as an
advanced dental assistant of licensure or registration, each person licensed to practice dentistry or
dental hygiene or perform duties as an advanced dental assistant in this state licensee or registrant
shall provide the State Board of Dentistry board evidence, of a nature suitable to the board that a
licensed person or advanced dental assistant licensee or registrant has attended, or participated in an
amount of board approved continuing education in dentistry or continuing competency as shall be
required by the board. However, for dentists this requirement may not be less than twenty hours
during the preceding five years of licensure, for dental hygienists this requirement may not be less
than ten hours during the preceding five years of licensure, and for advanced dental assistants this
requirement may not be less than ten hours during the preceding five years of registration as an
advanced dental assistant.
Section 69. That § 36-6A-56 be repealed.
Section 70. That § 36-6A-57 be amended to read as follows:
36-6A-57. Any licensed person licensee or registrant who fails to comply with the requirements
of § 36-6A-55 shall continuing education or continuing competency requirements set forth in this
chapter may, at the discretion of the board, be reexamined to determine his or her competency to
continue licensure or registration. If, in the opinion of the board, a licensed person licensee or
registrant does not qualify for further licensed practice, the board shall may, in compliance with
chapter 1-26, suspend the license or registration until the time the dentist or dental hygienist shall
provide licensee or registrant provides acceptable evidence to the board of his or her competency to
practice.
Section 71. That § 36-6A-58 be amended to read as follows:
36-6A-58. Every licensed dentist, dental hygienist, or registered dental radiographer Each
licensee or registrant, upon changing his or her home place of residence, name, place of employment,
or place of business shall, within ten days thereafter, furnish the secretary-treasurer of the Board of
Dentistry board with the new address updated information. In case of a lost or destroyed license, and
upon satisfactory proof of the loss or destruction thereof being furnished to the board, the latter may
issue a duplicate license, charging a fee, not to exceed twenty dollars, set by the board by rule
promulgated pursuant to chapter 1-26.
Section 72. That § 36-6A-59 be amended to read as follows:
36-6A-59. Any practitioner Each licensee and registrant subject to this chapter shall conduct his
or her practice in accordance with the standards established by the Board of Dentistry under
provisions of §§ 36-6A-14 and 36-6A-16, and board. Each licensee or registrant is subject to the
exercise of the disciplinary sanctions enumerated in § 36-6A-23 if, after a hearing in the manner
provided in chapter 1-26, the board finds that:
(1) A practitioner has employed or knowingly cooperated in fraud or material deception in
order to obtain a license to practice the profession, or has engaged in fraud or material
deception in the course of professional services or activities;
(2) A practitioner has been convicted in any court of a felony, or other crime which affects
the practitioner's ability to continue to practice competently and safely;
(3) A practitioner has engaged in or permitted the performance of unacceptable patient care
by himself or by auxiliaries working under his supervision due to his deliberate or
negligent act or acts or failure to act;
(4) A practitioner has knowingly violated any provision of this chapter or board rules;
(5) A practitioner has continued to practice although he has become unfit to practice his
profession due to professional incompetence, failure to keep abreast of current
professional theory or practice, physical or mental disability, or addiction or severe
dependency upon or use of alcohol or other drugs which endanger the public by impairing
a practitioner's ability to practice safely;
(6) A practitioner has engaged in lewd or immoral conduct in connection with the delivery
of dental services to patients;
(7) A practitioner has or is employing, assisting, or enabling in any manner an unlicensed
person to practice dentistry, dental hygiene, or to function as a dental hygienist;
(8) A practitioner has failed to maintain adequate safety and sanitary conditions for a dental
office in accordance with the standards established by the rules of the board, promulgated
pursuant to chapter 1-26;
(9) A practitioner has engaged in false or misleading advertising.
Suspension or revocation may not be based on a judgment as to therapeutic value of any
individual drug prescribed or any individual treatment rendered, but only upon a repeated pattern or
trend of treatment resulting in unexpected or unacceptable results.
this chapter upon satisfactory
proof by clear and convincing evidence in compliance with chapter 1-26 of the licensee's or
registrant's professional incompetence, or unprofessional or dishonorable conduct, or proof of a
violation of this chapter in any respect.
For the purposes of this section, professional incompetence is a deviation from the statewide
standard of competence, which is that minimum degree of skill and knowledge necessary for the
performance of characteristic tasks of a licensee or registrant in at least a reasonably safe and
effective way. If the services are not commonly provided by a licensee or registrant in this state,
professional incompetence is a deviation from the national standard of competence, which is that
minimum degree of skill and knowledge necessary for the performance of characteristic tasks of a
licensee or registrant in at least a reasonable safe and effective way.
No sanctions may be authorized based
solely on monetary concerns or business practices
that do
not violate any provision of this chapter or any rule promulgated thereunder.
The board may order a
practitioner licensee or registrant to submit to a reasonable physical or
mental examination if
his the physical or mental capacity to practice safely is at issue in a
disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental
examination
shall render a practitioner renders a licensee or registrant liable to the summary
revocation procedures described in §§ 36-6A-23 and 36-6A-24.
Section 73. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
The term, unprofessional or dishonorable conduct, as used in this chapter includes:
(1) Presenting to the board any license, certificate, or diploma which was obtained by fraud
or deception practiced in passing a required examination or which was obtained by the
giving of false statements or information on applying for the license;
(2) Illegally, fraudulently, or wrongfully obtaining a license or registration or renewal
required by this chapter by the use of any means, devices, deceptions, or help in passing
any examination or by making false statements or misrepresentations in any applications
or information presented;
(3) Engaging in fraud or deception during the course of the applicant's education;
(4) Engaging in fraud or material deception in the course of professional services or activities;
(5) Conviction of a felony, conviction of a criminal offense arising out of the practice of
dentistry, or conviction of a criminal offense involving moral turpitude;
(6) Allowing professional incompetence by a dental hygienist or dental auxiliary working
under his or her supervision due to a deliberate or negligent act or acts or failure to act;
(7) Violating any provision of this chapter or any rule promulgated thereunder;
(8) Engaging in lewd or immoral conduct in connection with the delivery of dental services
to a patient;
(9) Employing, assisting, or enabling in any manner an unlicensed person to practice as a
dentist or dental hygienist or a person that does not hold a registration to practice as a
registered dental assistant or dental radiographer;
(10) Assisting, enabling, or permitting a dental hygienist or dental auxiliary to perform any
dental service other than those authorized by this chapter or any rule promulgated
thereunder;
(11) Performing dental services other than those authorized by this chapter or any rule
promulgated thereunder;
(12) Failure to maintain adequate safety and sanitary conditions for a dental clinic in
accordance with the standards set forth in this chapter or any rule promulgated thereunder;
(13) Engaging in false or misleading advertising or advertising of a dental business or dental
services in which untruthful or improbable statements are made or which are calculated
to mislead or deceive the public;
(14) Except as permitted by chapter 47-12, dividing fees with, promising to pay a part of a fee
to, or to pay a commission to any dentist or any other person who sends patients for
treatment or operation. Nothing in this subdivision prohibits dentists from forming a bona
fide partnership for the practice of dentistry, nor the actual employment of a licensee or
registrant;
(15) Substance use or drug addiction, calculated in the opinion of the board to affect the
licensee's or registrant's practice of the profession;
(16) Prescribing intoxicants, narcotics, barbiturates, or other habit-forming drugs to any person
in quantities and under circumstances making it apparent to the board that the prescription
was not made for legitimate medicinal purposes related to the practice of dentistry or
prescribing in a manner or in amounts calculated in the opinion of the board to endanger
the well-being of an individual patient or the public in general;
(17) Continuing to practice after sustaining any physical or mental disability which renders the
further practice of a licensee's or registrant's profession potentially harmful or dangerous;
(18) Failure to comply with state or federal laws on keeping records regarding possessing and
dispensing of narcotics, barbiturates, and habit-forming drugs;
(19) Falsifying the dental records of a patient or any official record regarding possession and
dispensing of narcotics, barbiturates, and habit-forming drugs or regarding any phase of
dental treatment of a patient;
(20) The exercise of influence within the dentist-patient relationship for the purposes of
engaging a patient in sexual activity. For the purposes of this subdivision, the patient is
presumed incapable of giving free, full, and informed consent to sexual activity with the
dentist;
(21) Engaging in sexual harassment;
(22) Providing or prescribing dental services or treatments which are inappropriate or
unnecessary;
(23) Any practice or conduct which tends to constitute a danger to the health, welfare, or safety
of the public or patients or engaging in conduct which is unbecoming of a dentist, dental
hygienist, dental radiographer or registered dental assistant;
(24) Discipline by another state, territorial, or provincial licensing board or the licensing board
of the District of Columbia if the violation is also a violation of this chapter or any rule
promulgated thereunder;
(25) Not reporting to the board discipline by another state, territorial, or provincial licensing
board or the licensing board of the District of Columbia; and
(26) Not reporting to the board a conviction of any criminal offense of the grade of felony, any
conviction of a criminal offense arising out of the practice of dentistry, or one in
connection with any criminal offense involving moral turpitude.
Section 74. That chapter 36-6A be amended by adding thereto a NEW SECTION to read as
follows:
No contract entered into between a licensee or registrant and any other party under which the
licensee or registrant renders dental services may require the licensee or registrant to act in a manner
which violates the professional standards for dentistry set forth in this chapter.
Section 75. That § 36-6A-60 be amended to read as follows:
36-6A-60. In the prosecution of any person for violation of this chapter, it is not necessary to
allege or prove lack of a valid license to practice dentistry or dental hygiene as a dentist or a dental
hygienist or a valid registration of to practice as a dental radiography radiographer or a registered
dental assistant but such proof of licensure or registration is a matter of defense to be established by
the defendant.
Signed February 6, 2015
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CHAPTER 200
(HB 1013)
Social work licensure improved.
ENTITLED, An Act to revise certain provisions related to social work licensure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-26-15 be amended to read as follows:
36-26-15. The board shall issue a license as a "social worker" to an applicant who:
(1) Has a baccalaureate degree in a social work or social welfare program accredited by the
council on social work education or a baccalaureate degree in another field, two years'
experience in a social work capacity, and completion of courses equivalent to a social
work or social welfare program approved by the board; and
(2) Has passed an examination prepared by the board for this purpose; or
(3) Has been granted licensure or applied and met qualifications under this section prior to
July 1, 2015.
Section 2. That § 36-26-32 be amended to read as follows:
36-26-32. The board may deny, revoke, suspend, or cancel any license or application for
licensure to practice as a certified social worker, social worker, or social work associate and may take
such other disciplinary or corrective action as the board deems appropriate upon any one or more of
the following grounds:
(1) The licensee or applicant is guilty of fraud in the practice of social work or fraud or deceit
in the licensee's admission to the practice of social work;
(2) The licensee or applicant has been convicted during the past five years of a felony. The
conviction of a felony shall be the conviction of any offense, which if committed within
the State of South Dakota would constitute a felony under the laws thereof;
(3) The licensee or applicant is engaged in the practice of social work under a false or
assumed name and has not registered that name pursuant to chapter 37-11, or is
impersonating another practitioner of a like or different name;
(4) The licensee or applicant is addicted to the use of intoxicating liquors, narcotics or
stimulants to such an extent as to incapacitate him or her from the performance of his or
her professional duties;
(5) The physical or mental condition of the licensee or applicant is determined by a
competent medical examiner to be such as to jeopardize or endanger those who seek relief
from the licensee or applicant. A majority of the board may demand an examination of
the licensee or applicant by a competent medical examiner selected by the board at the
board's expense. If the licensee or applicant fails to submit to the examination, this shall
constitute immediate grounds for suspension of the licensee's license or denial of the
application for licensure;
(6) The licensee or applicant has been found in violation of the code of ethics of the National
Association of Social Workers;
(7) Obtaining or attempting to obtain a license, certificate, or renewal thereof by bribery or
fraudulent representation;
(8) Knowingly making a false statement in connection with any application under this
chapter;
(9) Knowingly making a false statement on any form promulgated by the board in accordance
with this chapter or the rules promulgated under this chapter;
(10) The licensee or applicant has violated any provision of this chapter or the rules
promulgated under this chapter; and
(11) Cancellation, revocation, suspension, or refusal to renew a certificate, license, or permit
to engage in the practice of social work in any other state for any cause.
Section 3. That § 36-26-38 be amended to read as follows:
36-26-38. The secretary-treasurer of the board shall keep a record book in which shall be entered
the names of all persons to whom licenses have by entering the name of each person who has been
granted under a license pursuant to the provisions of this chapter, the license number of each, and
the date of granting such the license and renewal thereof and other matters of record, and the book
so provided and kept shall be deemed and considered a book of records, and a transcript of any
record therein or a license that is not entered therein, the name and license number of the date of
granting such license to a person charged with a violation of any of the provisions of this chapter,
certified under the hand of the secretary-treasurer, and the seal of the board, shall was issued or
renewed. The record may be admitted as evidence in any of the courts of the State of South Dakota
court. The original books, records and papers of the board shall be kept at the office of the
secretary-treasurer of said the board. The secretary-treasurer shall furnish any person making
application therefor requesting a copy of any such record, certified by him as the secretary-treasurer,
upon payment of a fee of twenty-five cents per one hundred words so copied page.
Signed March 11, 2015
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\201.wpd
CHAPTER 201
(HB 1102)
Regulation revised for licensing massage therapists.
ENTITLED, An Act to revise certain provisions regarding the regulation of licensing massage
therapists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-35-12 be amended to read as follows:
36-35-12. The board shall issue a license to engage in the practice of massage to any person who
submits an application form and the nonrefundable application fee as approved in § 36-35-17 and
who demonstrates the following qualifications:
(1) Eighteen years of age or older;
(2) High school diploma or equivalent;
(3) Completion of no less than five hundred hours of training or study in the practice of
massage with a facility or instructor recognized by the board;
(4)(3) Absence of unprofessional conduct;
(5)(4) Professional liability insurance coverage pursuant to § 36-35-21; and
(6)(5) Passing score on a nationally recognized competency examination approved by the board
in rules promulgated pursuant to chapter 1-26.
The board may refuse to grant a license to any person based on failure to demonstrate the
requirements of this section.
The board may grant a license, subdivision 36-35-13(1)
notwithstanding, if the applicant has been convicted of, or pled guilty to a felony, any crime
involving or relating to the practice of massage, or any crime involving dishonesty or moral turpitude
and the board determines that the plea or conviction is of a nature or is sufficiently remote in time
that the applicant does not constitute a risk to public safety. An applicant may appeal the denial of
a license in compliance with chapter 1-26.
Section 2. That § 36-35-12.1 be amended to read as follows:
36-35-12.1. Upon application and payment of a fee not to exceed seventy-five dollars, the board
may issue a temporary permit to practice as a licensed massage therapist to an applicant who has met
the requirements of subdivision 36-35-12(1) to (5)(4), inclusive, pending completion and results of
the examination required pursuant to subdivision 36-35-12(6) 36-35-12(5). A temporary license may
be issued no more than twice and is effective for a term of not more than one hundred eighty days.
A temporary license expires on the occurrence of the following:
(1) Issuance of a regular license;
(2) Failure to pass the licensing examination; or
(3) Expiration of the term for which the temporary license was issued.
Section 3. That § 36-35-13 be amended to read as follows:
36-35-13. For the purposes of this chapter, any of the following acts constitute unprofessional
conduct:
(1) Conviction of or a plea of guilty to any felony, any crime involving or relating to the
practice of massage, or any crime involving dishonesty or moral turpitude;
(2) Providing the board false or misleading information on any application for a license or
renewal of a license;
(3) Willful misconduct or negligence in the practice of massage;
(4) Exceeding the scope of practice of massage as defined in § 36-35-1;
(5) Engaging in any lewd or immoral conduct;
(6) Making fraudulent charges for services;
(7) Engaging in conduct which endangers the health or welfare of clients or other persons;
or
(8) Failure to comply with any provision of this chapter.
Signed March 10, 2015
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TRADE REGULATION
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CHAPTER 202
(SB 64)
Business name registration, revised.
ENTITLED, An Act to revise certain provisions regarding the registration of business names.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 37-11-1 be amended to read as follows:
37-11-1. Any person regularly engaging in or conducting a business for profit in this state shall
file a fictitious name statement unless one of the following apply:
(1) The name of the business plainly shows the true surname of each person interested in the
business; or
(2) The name of the business is on file with the secretary of state in a required business filing.
Failure to file a required fictitious name statement is a Class 2 misdemeanor. The fictitious name
statement shall include the name, post office address, and residence address of each person interested
in the business and the address where the main office of the business is to be maintained. The
fictitious name statement shall be electronically filed with the secretary of state, or filed in paper
form with any register of deeds in the state. The filing shall be renewed every fifth year thereafter.
A fee of ten dollars shall be paid with each new filing and renewal. The fee shall be retained by the
filing office receiving the filing.
Section 2. That § 37-11-5 be amended to read as follows:
37-11-5. No person or firm engaged in conducting or operating or interested in a business in this
state contrary to the provisions of §§ 37-11-1 and 37-11-2 shall, may maintain any legal action at law
or otherwise in the name under which the business is conducted nor on their own account to unless
the person or firm has complied with the provisions of §§ 37-11-1 and 37-11-2. No such person or
firm may recover anything or enforce any right claimed to be due or arising out of the operation of
said the business until the statement required by § 37-11-1 or 37-11-2 has been filed. For the purpose
of this section only, if any person interested in said business shall refuse to verify such statement
those remaining may verify if stating therein the requirements as to those failing to verify and that
they have refused to verify.
Signed March 13, 2015
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AGRICULTURE AND HORTICULTURE
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CHAPTER 203
(HB 1056)
Department of Agriculture statutory revisions.
ENTITLED, An Act to revise certain provisions regarding the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-35-16 be amended to read as follows:
34-35-16. The starting of an open fire within the Black Hills forest fire protection district Forest
Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is
first obtained from the Department of Agriculture or from the United States Forest Service. An open
fire as used in this section and § 34-35-17, is any fire to burn slash, brush, grass, stubble, debris,
rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or an
established fireplace approved or constructed by public agencies in designated recreation areas. A
violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for
civil damages for all injuries caused by the fire.
Section 2. That § 34-35-17 be amended to read as follows:
34-35-17. Any United States forest service supervisor, or his designee, or the secretary of
agriculture or his designee shall have authority to may issue a permit upon an application to any
person to start an open fire within the Black Hills forest fire protection district Forest Fire Protection
District if in his opinion such the fire will not is not expected to endanger the life or property of
another, or deny such permit if in his opinion. The permit may be denied if the climatic conditions
or location of the material to be burned is such that the burning would endanger the life or property
of others and he may issue a. A permit may be issued subject to such conditions and restrictions as
he may consider determined necessary to prevent the spread of the fire permitted; and he may revoke
a. A permit issued by him may be revoked upon the change of climatic or other conditions which he
considers would is determined to make the burning unsafe.
Section 3. That § 38-1-3 be amended to read as follows:
38-1-3. The secretary of agriculture shall qualify by taking and filing the constitutional oath of
office with the secretary of state, the constitutional oath of office and likewise filing a bond for
faithful discharge of the duties of his office in such penal sum as may be fixed by the Governor, but
in no event less than ten thousand dollars.
Section 4. That § 38-1-11 be amended to read as follows:
38-1-11. The secretary of agriculture shall, with the advice and consent of the Governor, appoint
such executive assistants as may be authorized by law or as may be necessary to the efficient
administration of the duties of the office
, and which executives. Each appointed executive assistant
shall qualify
in like manner as the secretary except that their bonds shall be in such sum as may be
fixed by the Governor, but in no event less than five thousand dollars by taking and filing the
constitutional oath of office with the secretary of state.
Section 5. That § 38-1-16 be amended to read as follows:
38-1-16. The secretary of agriculture may promulgate administrative rules, pursuant to chapter
1-26, concerning the administration of the department, the election of soybean council members,
and; the custody, use, and preservation of records, papers, books, property pertaining to the activities
of the department,; and fees for permits, inspection, and reinspection relating to any permits issued
by the department.
Section 6. That § 38-7-6 be amended to read as follows:
38-7-6. The following persons shall serve as nonvoting members of the State Conservation
Commission: the secretary of Environment and Natural Resources; the director of the state extension
service; the director of the state agricultural experiment station located at Brookings; the
commissioner of school and public lands; the secretary of the Department of Game, Fish and Parks
or his designee; and if approved by the United States secretary of agriculture, the state
conservationist for the United States Soil Natural Resources Conservation Service, or their designee.
A member of the commission shall hold office so long as he shall retain the person retains the office
by virtue of which he shall be the person is serving on the commission.
Section 7. That § 38-7-8 be amended to read as follows:
38-7-8. The State Conservation Commission shall keep a record of its official actions; shall adopt
a seal, which seal shall be judicially noticed; and may perform such acts, hold such hearings, and
promulgate rules, pursuant to chapter 1-26, concerning:
(1) The organization and operation of the commission;
(2) Cooperation and assistance provided to conservation districts;
(3) The reporting of election results and financial affairs of the conservation districts; and
(4) The governing and administration of conservation district elections; and
(5) The certification procedures, inspections and payments made pursuant to the shelterbelt
program established in chapter 38-7A.
Section 8. That § 38-8-53 be amended to read as follows:
38-8-53. There has been appropriated the sum of one hundred twenty-five thousand dollars, is
hereby created the conservation district special revenue fund to be used as a special revenue fund for
the purpose of aiding, assisting, and cooperating with conservation districts of the state in securing
by purchase, or otherwise, necessary equipment, trees, and other planting materials, and supplies as
needed in furthering the program of conservation in these districts.
This fund shall be
known as the conservation district special revenue fund and shall be
administered by the State Conservation Commission and
shall be expended upon vouchers approved
by the commission, or its designated representative.
This
loan fund shall be made available to conservation districts of the state on a reimbursable
basis by the districts participating in such special revenue funds, in accordance with rules and
regulations promulgated by the said conservation. The commission shall promulgate rules, pursuant
to chapter 1-26, establishing criteria and procedures for making loans to the conservation districts.
Section 9. That § 38-8-55 be amended to read as follows:
38-8-55. The board of county commissioners may contribute funds to conservation districts. The
funds shall be used to hire employees, purchase supplies, and carry out district programs, for the
conservation of soil and water natural resources that will protect the tax base of the county, and to
provide for the general welfare of the people of the county. The money shall be paid from the general
fund of the county. Any conservation district, before receiving such funds, shall file with the county
commissioners a financial statement for the last three years itemizing the amount of funds received
and how disbursed expenditures.
Section 10. That § 38-8-62 be amended to read as follows:
38-8-62. A conservation district, and the its supervisors thereof, shall have the following powers,
in addition to others granted in other sections of this chapter may:
(1) To take Take over, by purchase, lease, or otherwise, and to administer any soil natural
resources conservation, flood prevention, and agricultural water management, erosion
control, or erosion prevention project located within its boundaries undertaken by the
United States or any of its agencies, or of this state or any of its agencies;
(2) To manage Manage, as agent of the United States or any of its agencies, or of this state
or any of its agencies, any soil natural resources conservation, flood prevention, and
agricultural water management, erosion control, or erosion prevention project, or
combinations thereof, within its boundaries;
(3) To act Act as agent for the United States or any of its agencies, or for this state or any of
its agencies, in connection with the acquisition, construction, operation, or administration
of any soil natural resources conservation, flood prevention, and agricultural water
management, erosion control, or erosion prevention project, or combinations thereof,
within its boundaries; and
(4)
To accept Accept donations, gifts, and contributions in money, services, materials, or
otherwise, from the United States or any of its agencies, or from this state, or any of its
agencies, or from any other source, and to use or expend such money, services, materials,
or other contributions in carrying on its operation.
Section 11. That § 38-8-64 be amended to read as follows:
38-8-64. A conservation district, and the its supervisors thereof, shall have the power, in addition
to others granted in other sections of this chapter, to may make available, on such terms as it shall
prescribe prescribes, to land occupiers owners within the district, such equipment, material, or
supplies as may be available to assist such the land occupiers owners to carry on operations upon
their lands for the conservation of soil and water natural resources and for the prevention and control
of soil erosion, flood prevention of the conservation, development, utilization, and disposal of water.
Section 12. That § 38-10-3 be amended to read as follows:
38-10-3. There is hereby established a wheat commission for the utilization, research, and market
development of wheat grown in South Dakota. The commission shall be composed of five members
who shall be participating growers. The members of the commission shall be appointed by the
Governor. Nominations for appointments shall be submitted to the Governor by wheat producers of
the state.
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 is for three
years and 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.
Section 13. That § 38-19-1 be amended to read as follows:
38-19-1. Terms, as used in this chapter, mean:
(1) "Available phosphoric acid," the sum of the water- soluble and the citrate-soluble
phosphoric acid and reported as phosphorus pentoxide;
(2) "Brand," a term, design, or trademark used in connection with one or several grades of
commercial fertilizer;
(3) "Bulk commercial fertilizer," any volume of a commercial fertilizer which is transported
or held for resale in an immediate reusable container in undivided quantities greater than
one hundred pounds net dry weight or fifty-five U.S. gallons liquid measure;
(4) "Bulk commercial fertilizer storage facility," any area, location, tract of land, building,
structure, or premises constructed in accordance with rules promulgated by the secretary
for the storage of bulk commercial fertilizer;
(5) "Commercial fertilizer," any substance containing any recognized plant nutrient which is
used for its plant nutrient content and which is designed for use or claimed to have value
in promoting plant growth, except unmanipulated animal and vegetable manures, marl,
lime, limestone, lime sludge, sewage sludge, wood ashes, gypsum, compost, and other
products excluded by rule;
(5A) "Compost," a group of organic residues or a mixture of organic residues and soil that have
been piled, moistened, and allowed to undergo aerobic biological decomposition;
(6) "Distribute," to import, consign, manufacture, produce, compound, mix, or blend
commercial fertilizer, or to offer for sale, sell, barter, or otherwise supply commercial
fertilizer in this state;
(7) "Distributor," any person who distributes commercial fertilizer in this state;
(8) "Fertilizer material," a commercial fertilizer which either:
(a) Contains important quantities of no more than one of the primary plant nutrients:
nitrogen, phosphoric acid, and potash; or
(b) Has approximately eighty-five percent of its plant nutrient content present in the
form of a single chemical compound; or
(c) Is derived from a plant or animal residue or by-product or a natural material deposit
which has been processed in such a way that its content of primary plant nutrients
has not been materially changed except by purification and concentration;
(9) "Grade," the percentage of total nitrogen, available phosphoric acid, and soluble potash
stated in whole numbers in the same terms, order, and percentages as in the guaranteed
analysis. However, speciality fertilizers may be guaranteed in fractional units of less than
one percent of total nitrogen, available phosphoric acid, and soluble potash. Fertilizer
materials, bone meal, manures, and similar raw materials may be guaranteed in fractional
units;
(10) "Investigational allowance," allowance for variations inherent in the taking, preparation,
and analysis of an official sample of commercial fertilizer;
(11) "Label," a display of written, printed, or graphic matter on or attached to the immediate
container of any article and the outside container or wrapper of the retail package, or a
statement or document accompanying a commercial fertilizer;
(12) "Labeling," all written, printed, or graphic matter, upon or accompanying any commercial
fertilizer or advertisements, brochures, posters, television, and radio announcements used
in promoting the sale of commercial fertilizer;
(13) "Licensee," any person who receives a license to distribute a commercial fertilizer under
the provisions of this chapter;
(14) "Metric ton," a net weight of one thousand kilograms;
(15) "Mixed fertilizer," a commercial fertilizer containing any combination or mixture of
fertilizer materials;
(16) "Nitrogen," the element of nitrogen;
(17) "Official sample," any sample of commercial fertilizer taken by the secretary of
agriculture or department agent according to methods prescribed by this chapter;
(18) "Percent" or "percentage," the percentage by weight;
(19) "Primary nutrients," nitrogen, available phosphoric acid, and soluble potash;
(20) "Recognized plant nutrients," primary nutrients, secondary nutrients, and micro nutrients;
(21) Deleted by SL 2001, ch 215, § 7;
(22) "Secondary and micro nutrients," those nutrients other than primary nutrients that are
essential for the normal growth of plants and that may need to be added to the growth
medium. Secondary plant nutrients include calcium, magnesium, and sulfur; micro plant
nutrients include boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium,
and zinc;
(23) "Secretary," the secretary of the Department of Agriculture;
(24) "Sell:"
(a) The act of selling, transferring ownership;
(b) The offering and exposing for sale, exchange, or distribution;
(c) Giving away; or
(d) Receiving, accepting, holding or possession for sale, exchange, or distribution;
(24A)(25) "Sewage sludge," "sludge," "biosolids," any solid, semisolid, or liquid residue
removed during the treatment of municipal or domestic sewage by publicly- owned
treatment works regulated under 40 CFR Part 503, as amended to January 1, 1995,
and the Clean Water Act as amended to January 1, 1995;
(25)(26) "Soluble potash," that portion of the potash contained in fertilizers or fertilizer
materials which is soluble in an aqueous ammoniacal solution of 0.8% ammonium
oxalate, after boiling in a 1.14% solution of ammonium oxalate and reported as
potassium oxide;
(26) "Speciality fertilizer," a commercial fertilizer, lime, lime sludge, compost, sewage sludge,
or products containing sewage sludge distributed for nonfarm use;
(27) "Ton," a net weight of two thousand pounds avoirdupois.
Section 14. That § 38-19-5 be amended to read as follows:
38-19-5. The term, guaranteed analysis, means the minimum percentage of plant nutrients
claimed in the following order and form:
(1) Total nitrogen (N)
________ percent
Available phosphoric acid (P2O5)
or available phosphate
________ percent
Soluble potash (K2O)
________ percent
(2) For unacidulated mineral phosphatic materials and basic slag, both total and available
phosphoric acid and the degree of fineness shall be stated. For bone, tankage, and other
organic phosphatic materials, total phosphoric acid shall be stated.
(3) Guarantees for plant nutrients other than nitrogen, phosphoric acid, and potash may be
permitted or required by regulations of the secretary of agriculture. The guarantees for
such other nutrients shall be expressed in the form of the element. The sources of such
other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application
for registration and may be included as a parenthetical statement on the label. Other
beneficial substances or compounds, determinable by laboratory methods, also may be
guaranteed by permission of the secretary and with the advice of the director of the
agricultural experiment station. When any plant nutrients or other substances or
compounds are guaranteed they shall be subject to inspection, analysis, and minimum
standards in accord with the methods prescribed by this chapter and the regulations
promulgated hereunder.
Section 15. That § 38-19-12 be amended to read as follows:
38-19-12. Each licensed distributor of commercial fertilizer shall file with the secretary of
agriculture on forms furnished by the secretary an annual statement for the period ending December
thirty-first setting forth the number of net tons of each grade of commercial fertilizer distributed in
this state during the reporting period. The report is due on or before the thirtieth thirty-first of
January following the close of the reporting period and on the basis of the statement each licensed
distributor of commercial fertilizer shall pay the inspection fee at the rate pursuant to § 38-19-10.
If more than one person is involved in the distribution of a commercial fertilizer, the distributor who
imports, manufactures, or produces the commercial fertilizer is responsible for the inspection fee on
products produced or brought into this state. The distributor shall separately list the inspection fee
on the invoice to the licensee. The last licensee shall retain the invoices showing proof of inspection
fees paid for three years and shall pay the inspection fee on commercial fertilizer brought into this
state or produced before July 1, 2001, unless the distributor has reported and paid the fees. If the
tonnage report is not filed and the payment of inspection fee is not made within thirty days after the
end of the period, a collection fee amounting to ten percent (minimum ten dollars) of the amount
shall be assessed against the licensee and the amount of fees due constitutes a debt and becomes the
basis of a judgment against the licensee. However, the minimum inspection fee is ten dollars. The
secretary may verify the records on which statements of tonnage are based and each licensed
distributor of commercial fertilizer shall grant the secretary permission to verify the records on the
licensee's application for license and on each tonnage report. The secretary may revoke or refuse to
renew the license of any licensee failing to comply with this section. No information furnished under
this section may be disclosed by the secretary or anyone having access to tonnage reports if the
disclosure will in any way divulge any part of the operations of a licensee.
Section 16. That § 38-19-15 be amended to read as follows:
38-19-15. Any commercial fertilizer distributed in this state in containers shall have placed on
or affixed to the container a label setting forth in clearly legible and conspicuous form the following
information:
(1) Net weight;
(2) Brand and grade;
(3) Guaranteed analysis;
(4) The source or sources from which the nitrogen phosphorus and potassium are derived
(specialty fertilizers only); and
(5) Name and address of licensee or registrant.
Section 17. That § 38-19A-1 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
"Microbe," any microbiological organism or mixture of microbiological organisms intended to
produce any physical, chemical, biochemical, biological, or other change in the soil;
Section 18. That § 38-19A-7 be amended to read as follows:
38-19A-7. A label, in a readable and conspicuous form, shall appear on the face or display side
of any soil amendment and shall consist of:
(1) Net weight;
(2) Brand name;
(3) Disclaimer that the product is not recommended for use as a fertilizer substitute;
(4) Analysis, including any soil amending ingredient and other ingredients and the percentage
of each. In lieu of a guarantee expressed as a percentage, a product that claims the
presence of a microbe or microbes shall guarantee the microbe or microbes as follows:
(a) Minimum number of each claimed viable organism at the genus and species level
in colony forming units (CFU), spores, or propagules per gram or milliliter (cm3);
(b) Expiration date; and
(c) Storage and handling instructions;
(5)(4) Purpose of the product;
(6)(5) Directions for application; and
(7)(6) Name and address of the registrant.
The secretary of agriculture may establish rules
, pursuant to chapter 1-26
, to allow labeling by
volume rather than weight pursuant to subdivision (1) of this section.
Section 19. That § 38-19A-11 be amended to read as follows:
38-19A-11. Every distributor shall file with the secretary, on forms furnished by the secretary
of agriculture, an annual statement for the period ending December thirty-first of each year setting
forth the number of net tons of each soil amendment distributed in the state during that period. The
report shall be due within thirty thirty-one days following each annual reporting period. If the report
is not filed and the payment of the inspection fee is not made within the time period specified, a
collection fee amounting to ten percent of the amount shall be assessed against the registrant.
However, the minimum collection fee is ten dollars. The secretary may examine such records to
verify statements of tonnage. Such The statement shall be accompanied by payment of an inspection
fee of twenty cents per ton for all soil amendments distributed in this state. The secretary may allow
payment of inspection fees on a calculated equivalent of volume to tons.
Section 20. That § 38-21-14 be amended to read as follows:
38-21-14. Terms used in this chapter mean:
(1) "Animals," all vertebrate and invertebrate species, including man;
(2) "Bulk pesticide," any volume of a pesticide which is transported or held in an immediate
reusable container. This does not include pesticides which are in the custody of the
ultimate user and are fully prepared for use by the user;
(3) "Bulk pesticide storage facility," any area, location, tract of land, building, structure, or
premises constructed in accordance with rules promulgated by the secretary for the
storage of bulk pesticides;
(4) "Certified applicator," any individual who is certified under this chapter to use any
pesticide;
(5) "Commercial applicator," any certified applicator who uses any pesticide on any property
other than as a private applicator;
(6) "Defoliant," any substance or mixture of substances intended for causing the leaves or
foliage to drop from a plant, with or without causing abscission;
(7) "Desiccant," any substance or mixture of substances intended for artificially accelerating
the drying of plant tissue;
(8) "Device," any instrument or contrivance, other than a firearm, which is intended for
trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal
life, other than man and other than bacteria, virus, or other microorganism on or in living
man or other living animals, but not including equipment used for the application of
pesticides when sold separately therefrom;
(9) "Environment," includes water, air, land, and all plants and animals living therein, and the
interrelationships which exist among these;
(10) "Equipment," any type of ground, water, or aerial equipment or contrivance using
motorized, mechanical, or pressurized power and used to apply any pesticide on land and
anything that may be growing, habitating, or stored on or in such land, but does not
include any pressurized hand-sized household apparatus used contrivance of which the
person who is applying the pesticide is the source of power or energy in making the
pesticide application;
(11) "Fungus," any nonchlorophyll-bearing thallophyte, except those on or in processed food,
beverages, or pharmaceuticals or those on or in living animals;
(12) "Insect," any of the numerous small invertebrate animals belonging to the class insecta or
to other allied classes of arthropods;
(13) "Labeling," any label and other written, printed, or graphic matter:
(a) On the pesticide or device or any of its containers or wrappers;
(b) Accompanying the pesticide or device at any time; or
(c) To which reference is made on the label or in literature accompanying the pesticide
or device, except accurate, nonmisleading reference to current official publications
of any government institution or official agency of the United States or of this or
any other state, authorized by law to conduct research in the field of pesticides;
(14) "Land," all land and water areas, including airspace, and all plants, animals, structures,
buildings, contrivances, and machinery, appurtenant thereto or situated thereon, fixed or
mobile, including any used for transportation;
(15) "Licensed applicator," any certified applicator who is licensed under this chapter and who
owns, manages, or is employed by a pesticide application business which is engaged in
the business of applying pesticides upon the lands of another or applies pesticides while
in the performance of his duties as a government employee;
(16) "Licensed pesticide dealer," any person who is licensed under this chapter and who
distributes restricted-use pesticides or pesticides whose uses or distribution are restricted
by regulation;
(17) "Nematode," any invertebrate animal of the phylum ne-mathel-minthes or nematoda;
(18) "Pest," any insect, rodent, nematode, fungus, weed, or other form of terrestrial or aquatic
plant or animal life or virus, bacteria, or other microorganism, except viruses, bacteria,
or other microorganisms on or in living man or other living animals, which the secretary
by regulation may declare to be a pest;
(19) "Pesticide," any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest, or any substance or mixture of substances intended for
use as a plant regulator, defoliant, or desiccant or any substance or mixture of substances
intended to be used as a spray adjuvant;
(20) "Plant regulator," any substance or mixture of substances, intended, through physiological
action, for accelerating or retarding the rate of growth or rate of maturation, or for
otherwise altering the behavior of ornamental or crop plants or the produce thereof, but
does not include substances to the extent that they are intended as plant nutrients, trace
elements, nutritional chemicals, plant inoculants, or soil amendments;
(21) "Private applicator," a certified applicator who:
(a) Uses any pesticide other than a restricted-use pesticide for purposes of producing
any agricultural commodity amounting to greater than one thousand dollars gross
sales potential per year on property owned or rented by him or his the private
applicator or the private applicator's employer, but not including any person who
applies pesticides other than restricted-use pesticides while riding on agricultural
pesticide spraying equipment commonly known as a bean buggy or bean bar; or
(b) Uses any restricted-use pesticide for the purpose of producing any agricultural
commodity on property owned or rented by him or his the private applicator or the
private applicator's employer; or
(c) Applies any pesticide on the property of another person without compensation
other than trading of personal services between producers of agricultural
commodities;
(22) "Restricted-use pesticide," any pesticide classified as a restricted-use pesticide by the
secretary of the Department of Agriculture;
(23) "Rinsate," any solution containing pesticide residue which is generated from washing or
flushing of pesticide containers and pesticide equipment;
(24) "Secretary," the secretary of the Department of Agriculture;
(25) "Spray adjuvant," any wetting agent, spreading agent, sticker, deposit builder, adhesive,
emulsifying agent, deflocculating agent, water modifier, or similar agent intended to be
used with any other pesticide as an aid to the application or to the effect thereof, and
which is in a package or container separate from that of the pesticide with which it is to
be used;
(26) "Unreasonable adverse effects on the environment," any unreasonable risk to man or the
environment, taking into account the economic, social and environmental costs and
benefits of the use of any pesticide;
(27) "Weed," any plant which grows where not wanted.
Section 21. That § 38-24B-17 be amended to read as follows:
38-24B-17. The Department of Agriculture shall at least once each year may annually inspect all
nurseries in this state. The department may inspect any field, orchard, garden, plantation, park,
cemetery, packing ground, building, cellar, and all places, public or private, which may be infested
or infected with a pest. The department may inspect or reinspect at any time or place any nursery
stock shipped in or into this state and treat it as provided in this chapter. No person may hinder,
obstruct, or defeat such the inspection by misrepresentation or concealment of facts or conditions
or make a false declaration of acreage or cause any concealment of nursery stock from inspection.
Any person hindering, obstructing, or defeating an inspection required by this section is guilty of a
Class 1 misdemeanor.
Section 22. That § 41-20-19 be amended to read as follows:
41-20-19. The state forester shall cooperate with the secretary of the United States Department
of Agriculture in providing assistance to owners of land in tree planting; and in the procurement of
forest, ornamental, and fruit trees, seeds, and plants, not including fruit or ornamental trees; and in
the distribution of the seeds and plants at reasonable cost so that the seeds or plants are used
effectively for planting forest trees for domestic, agricultural, and industrial purposes; for protecting
farm buildings, crops, and fields from erosion; and for furnishing forest cover beneficial for water
conservation and for wildlife habitat.
Section 23. That § 41-20-20 be amended to read as follows:
41-20-20. In all purchases of seeds or trees under the provisions of § 41-20-19, preference shall
be given to trees and tree seeds grown in this state and to South Dakota dealers.
Such purchases shall
be paid for from the fund provided for in § 41-20-22, and accruals to the fund, and from sales of
seeds and trees purchased.
Section 24. That § 41-20A-5 be amended to read as follows:
41-20A-5. Continuing buildup of hazardous fuels increasingly threatens the safety of the families
that live within the forest-urban interface. Providing greater guidance for the collection, accounting
and reimbursement of costs associated with structural fire protection is necessary as these threats
continue to escalate. Because of these increased threats, the The secretary of agriculture may
establish policies to provide for the protection of homes and other structures during forest and
wildland fires.
Section 25. That § 41-20A-10 be amended to read as follows:
41-20A-10. The state wildland fire coordinator, with the sanction of the Department of
Agriculture, may, upon request, assist and cooperate with any agency of the United States
government,; all state, county, and municipal agencies,; any fire suppression organization; any
person qualified by the state wildland fire coordinator; any person needed for an incident
management team for the purposes of training and fire prevention or suppression; and with any
corporation, association, partnership, or individual owning or controlling any forestland, woodland,
shelterbelt, or rangeland in the protection of such forestland, woodland, shelterbelt, or rangeland,
including:
(1) Creation and administration of fire protection districts;
(2) Disposal of slash, debris from logging operations, and other fire and insect hazards; and
(3) Assistance to the state wildland fire coordinator in the prevention and suppression of fires.
After providing assistance in the suppression of fires pursuant to subdivision (3) of this section,
the state wildland fire coordinator may collect fire suppression and extinguishment costs pursuant
to this chapter if the costs were initially incurred by the coordinator or if the secretary of agriculture
has repaid any of the governmental agencies or persons described by this section for goods or
services used in fire suppression efforts directed by the coordinator.
Section 26. That § 54-13-1 be amended to read as follows:
54-13-1. Terms used in this chapter mean:
(1) "Agricultural land," a parcel of land larger than forty acres not located in any municipality
and used in farming or ranching operations carried on by the owner or operator within the
preceding three- year period for the production of farm products as defined in subdivision
57A-9-102(a)(34) and includes wasteland lying within or contiguous to and in common
ownership with land used in farming or ranching operations for the production of farming
or ranching products;
(2) "Ag finance counselor," a person contracted by the Department of Agriculture mediation
program who is trained to assist in resolving agricultural loan disputes credit matters;
(3) "Agricultural property," agricultural land or personal property or a combination thereof
used in the pursuit of, or arising out of, or related to, the occupation of farming or
ranching;
(4) "Borrower," an individual, corporation, trust, cooperative, joint venture, or any other
entity entitled to contract who is engaged in farming or ranching and who derives more
than sixty percent of total gross income from farming or ranching and who has borrowed
from any one creditor on any single farm related debt in excess of fifty thousand dollars
been extended agricultural credit;
(5) "Creditor," any individual, organization, cooperative, partnership, trust, or state or
federally chartered corporation to whom is owed agricultural debt in excess of fifty
thousand dollars by a borrower. A judgment creditor with a judgment of fifty thousand
dollars or more against a debtor with agricultural property is a creditor within the meaning
of this chapter;
(6) "Federal land mediation," assistance provided to a process by which individuals or
organizations seeking seek to mediate resolve disputes with federal land management
agencies;
(7) "Mediation," "Agricultural credit mediation," a process by which creditors and borrowers
present, discuss, and explore practical and realistic alternatives to the resolution of a
borrower's debts;
(8) "Mediator," anyone responsible for and engaged in the performance of mediation pursuant
to this chapter, who is trained and certified by the Department of Agriculture; and
(9) "Oil and gas mediation,"
assistance provided to a process by which individuals or
organizations
seeking seek to
mediate resolve disputes with oil and gas developers related
to surface damages.
Section 27. That § 54-13-2 be amended to read as follows:
54-13-2. The Department of Agriculture shall administer an agriculture mediation program to:
(1) Provide assistance mediation to borrowers and creditors who seek to use mediation as a
method for resolving loan seeking to resolve credit disputes;
(2) Provide federal land mediation to individuals or organizations seeking to mediate disputes
with federal land management agencies concerning decisions made by those federal
agencies; and
(3) Provide oil and gas mediation to individuals or organizations seeking to mediate disputes
over surface damages related to oil or gas development.
The secretary of the Department of Agriculture shall promulgate rules
, pursuant to chapter 1-26
,
necessary for mediation, federal land mediation, and oil and gas mediation including the
establishment of fees, training requirements for mediators and ag finance counselors and their
certification, mediation request forms, and any other mediation procedures as may be necessary for
the prompt and expeditious mediation of agriculture related disputes, including the receipt of funds
pursuant to the Agricultural Credit Act of 1987
, as of January 1, 2015.
The
agriculture agricultural mediation program may not, as a condition to mediation, require that
the borrower of any
creditor party waive any respective legal or equitable remedies or rights.
Section 28. That § 54-13-4 be amended to read as follows:
54-13-4. All staff services required by the agriculture agricultural mediation program shall be
provided by the Department of Agriculture. The secretary of agriculture may employ a director of
mediation services and such other agents and employees as the secretary deems necessary. The
director shall serve at the pleasure of the secretary of agriculture. The mediation services shall be
administered under the direction and supervision of the Department of Agriculture. All expenses
incurred in carrying on the work of the agriculture agricultural mediation program, including the per
diem and expenses of the staff, salaries, contract payments, and any other items of expense shall be
paid out of funds appropriated or otherwise made available to the farm agricultural mediation
operating fund.
Section 29. That § 54-13-5 be amended to read as follows:
54-13-5. Any fees provided under this chapter and by rule shall be borne equally between the
borrower and the creditor. Such parties. The fees and any funds received pursuant to the Agricultural
Credit Act of 1987, as of January 1, 2015, shall be deposited in the farm agricultural mediation
operating fund which is hereby created. All money in the farm agricultural mediation operating fund
created by this section is continuously appropriated for the purposes of administering the farm
agricultural mediation program. All funds received by the agriculture agricultural mediation program
shall be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by
the Legislature. Any disbursements from the farm agricultural mediation operating fund shall be by
authorization of the secretary of agriculture.
Section 30. That § 54-13-7 be amended to read as follows:
54-13-7. Any borrower or creditor involved in mediation shall may be offered assistance by the
Department of Agriculture provided resources to assist in the analysis of the borrower's business and
personal financial situation, which analysis shall be conducted in a manner that assists the borrower
and, the borrower's family, and the creditor to prepare for mediation. This assistance may include
emotion support, information and referral networks among borrowers and programs concerned with
economic crisis in rural areas, assist the borrower and the borrower's family in developing goals
which define reasonable expectations for mediation and shall assist the borrower in evaluating the
viability of his current farm or ranch business organization given reasonable current price and yield
expectations.
Section 31. That § 54-13-9 be amended to read as follows:
54-13-9. Upon receipt of a mediation request, the director of the agriculture agricultural
mediation program shall advise notify the borrower that and creditor as to whether financial
preparation assistance is available and may be obtained through the financial preparation assistance
for borrowers provided in § 54-13-7 resources are available and shall provide any other information
available regarding assistance programs to borrowers.
Section 32. That § 54-13-10 be amended to read as follows:
54-13-10. A creditor desiring to commence an action or a proceeding in this state to enforce a
debt totaling fifty thousand dollars or greater against agricultural land or agricultural property of the
borrower or to foreclose a contract to sell agricultural land or agricultural property or to enforce a
secured interest in agricultural land or agricultural property or pursue any other action, proceeding
or remedy relating to agricultural land or agricultural property of the borrower shall file a request for
mandatory mediation with the director of the agriculture agricultural mediation program. No creditor
may commence any such action or proceeding until the creditor receives a mediation release as
described in this chapter, or the debtor waives mediation or until a court determines after notice and
hearing, that the time delay required for mediation would cause the creditor to suffer irreparable
harm because there are reasonable grounds to believe that the borrower may waste, dissipate, or
divert agricultural property or that the agricultural property is in imminent danger of deterioration.
Dismissal of a bankruptcy proceeding, abandonment by a bankruptcy trustee, release or relief from
a bankruptcy stay, or release or termination of a receivership proceeding shall have the effect of a
mediation release. Any debt that is less than fifty thousand dollars may be mediated through a
voluntary mediation if a request is made and accepted by both borrower and creditor.
Section 33. That § 54-13-11 be amended to read as follows:
54-13-11. Unless the borrower waives mediation, the director of the agriculture agricultural
mediation program shall promptly send a mediation meeting notice to the borrower and to all
creditors as defined in subdivision 54-13-1(5), setting a time and place for an initial mediation
meeting between the borrower, the creditor or creditors, and a mediator. An initial mediation meeting
shall be held within twenty-one days of the issuance of the mediation meeting notice. Any creditors
of the borrower who are not included in the definition of creditor under subdivision 54-13-1(5) are
exempt from the requirements of this section. Any borrower's failure to furnish timely information
requested by the director of the agriculture agricultural mediation program constitutes a waiver of
the right to mediate under this chapter. Also, the failure of the borrower and the borrower's spouse,
unless excused by the initiating creditor, to attend all mediation meetings constitutes a waiver of the
right to mediate under this chapter.
Any creditor subject to mandatory mediation under this chapter who receives notice pursuant to
this section and who participates in all mediation sessions shall be treated as an initiating creditor
and be subject to the same debt collection limitations as provided in § 54-13-10.
Section 34. That § 54-13-12 be amended to read as follows:
54-13-12. The total mediation period for borrower and creditor mediations shall be for a term
of forty-two days after the date the director of the agriculture agricultural mediation program issues
the notice to the borrower. The director of the agriculture agricultural mediation program must issue
a notice to the borrower within three business days following receipt of the request for mediation
from the creditor. The mediator may, after the initial meeting, schedule additional mediation
meetings during the mediation period.
Section 35. That § 54-13-13 be amended to read as follows:
54-13-13. A borrower may request mediation of any type or amount of indebtedness by applying
to the director of the agriculture agricultural mediation program. The director of the agriculture
agricultural mediation program may make the appropriate mediation request forms available for such
purpose. The director of the agriculture agricultural mediation program may follow the same
procedure as for mandatory mediation. Neither the borrower nor the creditor may be required to
attend any mediation meetings under this section. Failure to attend mediation meetings or to
participate in mediation under this section does not affect the rights of a borrower or a creditor in any
manner. Participation in mediation under this section is not a prerequisite to or a bar to the
commencement of an action of legal proceedings by the borrower or the creditor. No mediation
release may be issued unless the borrower and creditor agree in writing.
Signed February 24, 2015
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CHAPTER 204
(HB 1055)
Department of Agriculture statutory revisions.
ENTITLED, An Act to repeal certain outdated and unnecessary statutes and administrative rules
related to the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-21-18 be repealed.
Section 2. That § 38-1-5.1 be repealed.
Section 3. That § 38-1-23 be repealed.
Section 4. That § 38-1-33 be repealed.
Section 5. That § 38-1-34 be repealed.
Section 6. That § 38-5-2 be repealed.
Section 7. That § 38-6-2 be repealed.
Section 8. That § 38-7A-2 be repealed.
Section 9. That § 38-7A-3 be repealed.
Section 10. That § 38-7A-4 be repealed.
Section 11. That § 38-7A-5 be repealed.
Section 12. That § 38-7A-5.1 be repealed.
Section 13. That § 38-7A-6 be repealed.
Section 14. That § 38-7A-7 be repealed.
Section 15. That § 38-10-13 be repealed.
Section 16. That § 38-14-1 be repealed.
Section 17. That § 38-14-2 be repealed.
Section 18. That § 38-14-3 be repealed.
Section 19. That § 38-14-4 be repealed.
Section 20. That § 38-14-5 be repealed.
Section 21. That § 38-14-6 be repealed.
Section 22. That § 38-14-7 be repealed.
Section 23. That § 38-14-8 be repealed.
Section 24. That § 38-21-14.1 be repealed.
Section 25. That § 38-23-1 be repealed.
Section 26. That § 38-23-1.1 be repealed.
Section 27. That § 39-23-1 be repealed.
Section 28. That § 39-23-2 be repealed.
Section 29. That § 39-23-3 be repealed.
Section 30. That § 39-23-4 be repealed.
Section 31. That § 41-20-21 be repealed.
Section 32. That § 41-20A-13 be repealed.
Section 33. That § 41-22-1 be repealed.
Section 34. That § 41-22-2 be repealed.
Section 35. That § 41-22-3 be repealed.
Section 36. That ARSD 12:07:16:02 be repealed.
Section 37. That ARSD 12:07:16:01 and 12:07:16:03 to 12:07:16:06, inclusive, be repealed.
Section 38. That ARSD 12:07:20:02 be repealed.
Section 39. That ARSD 12:07:20:01 and 12:07:20:03 to 12:07:20:20, inclusive, be repealed.
Section 40. That ARSD 12:44:05:04 be repealed.
Section 41. That ARSD 12:44:05:05 be repealed.
Section 42. That ARSD 12:44:05:14 be repealed.
Section 43. That ARSD 12:44:05:22 be repealed.
Section 44. That ARSD 12:53:01:04 be repealed.
Section 45. That ARSD 12:56:04:12.04 be repealed.
Section 46. That ARSD 12:56:05:04.16 be repealed.
Section 47. That ARSD 12:56:12:01.01 be repealed.
Section 48. That ARSD 12:56:13:05 be repealed.
Section 49. That ARSD 12:56:13:05.05 be repealed.
Section 50. That ARSD 12:56:16:01 be repealed.
Section 51. That ARSD 12:56:16:02 be repealed.
Section 52. That ARSD 12:56:16:03 be repealed.
Section 53. That ARSD 12:80:05:01 be repealed.
Section 54. That ARSD 12:80:05:02 to 12:80:05:11, inclusive, be repealed.
Signed March 4, 2015
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CHAPTER 205
(SB 46)
Appropriation for construction of the Nordby Exhibit Hall
at the South Dakota State Fair.
ENTITLED, An Act to make an appropriation of other fund expenditure authority to the Department
of Agriculture for the construction of the Nordby Exhibit Hall at the South Dakota State Fair and
to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 1 of chapter 200 of the 2013 Session Laws be amended to read as
follows:
Section 1.The Department of Agriculture may contract for the construction, completion,
furnishing, equipping, and maintaining of, including heating, plumbing, water, sewer, electric
facilities, architectural and engineering services, and such other services or actions as may be
required to construct a 4-H exhibit hall facility
to be known as the Nordby Exhibit Hall, to be located
on the State Fair grounds or in the immediate vicinity, in Huron, South Dakota.
Section 2. There is hereby appropriated the sum of seven hundred thousand dollars ($700,000),
or so much thereof as may be necessary, in other fund expenditure authority to the Department of
Agriculture to increase the authorized expenditure authority necessary to construct the facility
described in section 1 of this Act.
Section 3. The design and construction of the facility shall be under the general charge and
supervision of the Bureau of Administration as provided in § 5-14-2.
Section 4. Any expenditures authorized by this Act that are in excess of donations and
contributions collected in support of the project shall be paid by the state fair fund.
Section 5. 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 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 February 19, 2015
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CHAPTER 206
(SB 47)
Appropriation from the coordinated natural resources
conservation fund to the state conservation fund.
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,
2016, 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 11, 2015
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FOOD AND DRUGS
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\207.wpd
CHAPTER 207
(SB 45)
Sale of raw milk for human consumption.
ENTITLED, An Act to revise certain provisions relating to the sale of unpasteurized raw milk.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 39-6-1 be amended to read as follows:
39-6-1. Terms used in this chapter mean:
(1) "Department," the Department of Agriculture;
(2) "Grade A milk," milk produced in accordance with the standards set forth in regulations
promulgated pursuant to the authority granted in § 39-6-9
and that is not subject to the
requirements for manufacturing grade milk or raw milk for human consumption;
(3) "Manufacturing grade milk," any milk or milk product that is produced for processing and
manufacturing into products for human consumption in accordance with the standards set
by rules promulgated pursuant to the authority granted in §§ 39-6-9 and 40-32-18 and that
is not subject to the requirements for Grade A milk or raw milk for human consumption;
(4) "Milk," the lactic lacteal secretion, practically free from colostrum, obtained by the
milking of one or more healthy cows, which that contains not less than eight and
one-fourth percent solids-not-fat and not less than three and one-fourth percent milk fat;
(4)(5) "Milk case" or "dairy case," any wire or plastic case or container that holds sixteen quarts
or more of milk or milk products and is used by restaurants, retailers, or their agents as
a means to transport, store, or carry milk or milk products;
(6) "Raw milk for human consumption," the lacteal secretion, practically free from colostrum,
obtained by the milking of one or more healthy cows, goats, sheep, or other hooved
mammals that has not been pasteurized or homogenized and is packaged for human
consumption. The term also includes raw cream intended for human consumption;
(5)(7) "Secretary," the secretary of agriculture.
Section 2. That § 39-6-2 be amended to read as follows:
39-6-2. It is a Class 2 misdemeanor to sell bottled, cartoned, or dispenser milk for human
consumption other than Grade A milk or raw milk for human consumption from a producer who
meets the requirements of section 4 of this Act.
Section 3. That § 39-6-3 be amended to read as follows:
39-6-3. The provisions of § 39-6-2 do not apply to milk or goat milk Raw milk for human
consumption may be secured or purchased for personal use by any consumer at the place or farm
where the milk is produced or to any active farm producer of milk, selling and delivering the
producer's own production direct to consumers only, if the place or farm where the milk is produced
has a license or permit issued by the department pursuant to § 40-32-4 or 40-32-10.1. The containers
in which any unpasteurized milk is sold shall be clearly labeled by the producer as "raw milk." and
the milk may be delivered directly to the consumer by the producer. No raw milk for human
consumption may be purchased at a farmers' market or farmer owned retail store that is not located
at the place or farm where the milk is produced.
Section 4. That chapter 39-6 be amended by adding thereto a NEW SECTION to read as follows:
Any producer of milk who is selling raw milk for human consumption directly to the consumer
shall obtain a license pursuant to the provisions of § 40-32-4 and a permit pursuant to the provisions
of § 40-32-10.1.
Section 5. That § 39-6-9 be amended to read as follows:
39-6-9. The secretary of agriculture may promulgate rules for Grade A milk and milk products,
manufacturing grade milk, and raw milk for human consumption, pursuant to chapter 1-26, relative
to:
(1) Standards for adulterated or misbranded milk;
(2) Permits to produce or process;
(3) Labeling and packaging;
(4) Inspections of dairy farms and plants;
(5) Examinations of milk and milk products;
(6) Animal health requirements;
(7) Container usage;
(8) Uninspected milk;
(9) Farm and plant construction;
(10) Personal health standards;
(11) Sanitation standards;
(12) Production, processing, and distribution standards for Grade A pasteurized milk, fluid
milk products, and Grade A raw milk for pasteurization, manufacturing grade milk, and
raw milk for human consumption;
(13) Procedures for certification of interstate milk shippers;
(14) Methods of making sanitation ratings of milk supplies; and
(15) Customer records.
Section 6. That § 40-32-2 be amended to read as follows:
40-32-2. Terms as used in this chapter, mean:
(1) "Bulk milk pick-up tanker," any vehicle, including the truck, tank, and those
appurtenances necessary for the tank's use, used by a bulk milk hauler or sampler to
transport bulk raw milk for pasteurization from a dairy farm to a milk plant, receiving
station, or transfer station;
(2) "Dairy farm," any place or premise where one or more cows, sheep, or goats are kept and
from which a part or all of the milk or milk products are produced and sold, or offered for
sale to a milk plant;
(3) "Dairy fieldman," a person employed by the milk plant to determine if a producer is
maintaining satisfactory production requirements in accordance with this chapter and the
rules adopted thereunder promulgated pursuant to this chapter;
(4) "Department," the Department of Agriculture;
(5) "Grade A," any milk or milk product that complies with the standards set forth in any
rules promulgated pursuant to § 39-6-9;
(6) "Manufacturing grade
milk," any milk or milk product
subject to the requirements of
chapter 40-32 that is produced for processing and manufacturing into products for human
consumption not subject to Grade A requirements stated in chapter 39-6 that is produced
for processing and manufacturing into products for human consumption in accordance
with the standards set by rules promulgated pursuant to the authority granted in §§ 39-6-9
and 40-32-18 and that is not subject to the requirements of Grade A milk or raw milk for
human consumption;
(7) "Marketing organization," an entity established for the purpose of procuring farm
produced milk and offering for sale that milk to a milk plant, receiving station, or transfer
station;
(8) "Milk distributor," any person who purchases milk or any milk products product and
transports them the milk or milk product to a retail dealer or a consumer;
(9) "Milk plant," any place where milk or a milk products are product is delivered or
processed for commercial purposes;
(10) "Milk product," any product formulated by the addition of milk or a product derived from
more than fifty percent milk if the milk or the product derived from more than fifty
percent milk is greater than fifty percent of the product by weight or volume;
(11) "Milk transport tank," any vehicle, including the truck and tank, used by a bulk milk
hauler or sampler to transport bulk shipments of milk and any milk products product,
from a milk plant, receiving station, or transfer station to another milk plant, receiving
station, or transfer station;
(12) "Pasteurization," the process of heating every particle of milk or milk product in properly
designed and operated equipment, to one of the temperatures given in the following table
and held continuously at or above that temperature for at least the corresponding specified
time:
|
Temperature
|
Time
|
|
*145°F (63°C)
|
30 minutes
|
|
*161°F (72°C)
|
15 seconds
|
|
191°F (89°C)
|
1 second
|
|
194°F (90°C)
|
0.5 second
|
|
201°F (94°C)
|
0.1 second
|
|
204°F (96°C)
|
0.05 second
|
|
212°F (100°C)
|
0.01 second
|
* If the fat content of the milk product is ten percent or more, or if it contains added
sweeteners, the specified temperature shall be increased by 5°F (3°C). However, eggnog
shall be heated to at least the following temperature and time specifications:
|
Temperature
|
Time
|
|
155°F (69°C)
|
30 minutes
|
|
175°F (80°C)
|
25 seconds
|
|
180°F (83°C)
|
15 seconds
|
Nothing in this definition bars any other pasteurization process which has been recognized
by the Food and Drug Administration to be equally efficient and which is approved by the
regulatory agency;
(13) "Pasteurization unit," a unit of equipment that pasteurizes milk and milk products that
meets the 3-A accepted practices for the sanitary construction, installation, testing, and
operation of a pasteurizer;
(14) "Producer," any person who operates a dairy farm and provides, sells, or offers milk or
raw milk for human consumption for sale;
(15) "Receiving station," any place, premise, or establishment where raw milk is received,
collected, handled, stored, or cooled and prepared for further transporting;
(16) "Secretary," the secretary of agriculture;
(17) "Single-service article fabricating plant," any plant manufacturing single-service articles
expected to be in contact with Grade A milk and milk products;
(18) "Transfer station," any place, premise, or establishment where milk or milk products are
transferred directly from one milk tank truck to another.
Section 7. That § 40-32-4 be amended to read as follows:
40-32-4. Any person engaged in the operation of a receiving station, transfer station, bulk milk
pick-up tanker, milk transport tank, plant fabricating single-service articles or milk distributor in
South Dakota, or any person buying milk produced in South Dakota, or any person selling milk or,
any milk products product, or raw milk for human consumption, shall, before beginning business,
obtain from the secretary a license for each place of business owned or operated by such the person
in South Dakota, and for each milk distributor or milk plant buying or selling milk or any milk
products product in South Dakota.
Section 8. That § 40-32-5 be amended to read as follows:
40-32-5. The license fee for the following facilities requiring licenses is as follows:
(1) In-state milk processing plant (by pounds of milk or milk product produced):
(a) Less than 100,000 pounds per day--$250, two hundred fifty dollars;
(b) 100,000 to 500,000 pounds, inclusive, per day--$500, five hundred dollars;
(c) Over 500,000 pounds per day--$1,000, one thousand dollars;
(2) Out-of-state milk processing plants or marketing organization--$250, two hundred fifty
dollars;
(3) Receiving station --$250, two hundred fifty dollars;
(4) Plant fabricating single-service articles --$250, two hundred fifty dollars;
(5) Milk distributor --$250, two hundred fifty dollars;
(6) Transfer station --$100, one hundred dollars;
(7) Bulk milk pick-up tanker or milk transport tank--$50, fifty dollars;
(8) A producer who packages and sells raw milk for human consumption, fifty dollars.
Section 9. That § 40-32-10.1 be amended to read as follows:
40-32-10.1. A producer engaged in the business of producing milk and offering for sale such
milk for purposes other than Grade A milk
as set forth in pursuant to the provisions of chapter 39-6
and before the milk is to be transported from the premises of the producer, shall obtain a permit from
the secretary.
A producer engaged in the business of producing raw milk for human consumption
pursuant to the provisions of chapter 39-6 and before the raw milk is sold directly to the consumer,
shall obtain a permit from the secretary.
Signed March 11, 2015
_______________
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ANIMALS AND LIVESTOCK
_______________
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CHAPTER 208
(SB 76)
Livestock ownership inspection certificate revised.
ENTITLED, An Act to extend the length of time a local livestock ownership inspection certificate
is valid for transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 40-20-4 be amended to read as follows:
40-20-4. Except as provided in this chapter, it is a Class 1 misdemeanor for any person to remove
or authorize the removal of any livestock from any point within the livestock ownership inspection
area to any point within one mile of the border with a destination outside the ownership inspection
area unless the livestock have first been inspected for ownership and unless the shipper possesses
the local inspection certificate, market clearance, shippers permit, or such other form of authorization
as may be required by the board. Except as provided in § 40-20-29, a local inspection certificate is
valid for transportation of livestock out of the inspection area only on the date issued for twenty-four
hours after the time of the inspection as noted on the inspection certificate. If there is no valid local
inspection certificate, the livestock shall be inspected before leaving the inspection area. Livestock
being removed from the ownership inspection area without authorization from the board may be
impounded by any law enforcement officer until the livestock are inspected for ownership by an
authorized brand inspector. The venue of any offense under this section is in the county where such
livestock were loaded or in any county through which the livestock were transported or trailed. Any
livestock being transported to a destination outside the ownership inspection area shall be inspected
for ownership if they cease to be in the custody of the carrier at any time prior to leaving the
ownership inspection area. Any livestock shipper within the livestock ownership inspection area
wanting livestock inspected as provided in this section shall notify an inspector in advance of the
inspection and allow the inspector reasonable time to provide the inspection.
Signed March 10, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\209.wpd
CHAPTER 209
(SB 75)
Travel permit revised for certain livestock used for rodeo purposes.
ENTITLED, An Act to revise the effective period of the travel permit for certain livestock used for
rodeo purposes and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 40-20-4.4 be amended to read as follows:
40-20-4.4. If livestock owned by and bearing the registered brand of a bona fide rodeo producer
are being transported out of the livestock ownership inspection area by the owner for rodeo purposes
and there is no change of ownership, the inspection certificate required by § 40-20-4 may be
endorsed, as to the purpose and extent of transportation, by the inspector issuing the certificate in
order to serve as a travel permit for the livestock described in the certificate. The endorsement is
effective for the calendar year for which it is issued twelve months from the date of the endorsement.
The endorsement shall be issued by an authorized livestock inspector of the Brand Board. The Brand
Board shall promulgate rules pursuant to chapter 1-26 to specify criteria to be used to identify and
verify ownership of the livestock. The rules shall include a requirement that other means of
permanent, individual identification of the livestock, including tattoos, number brands, or
photographs, be provided in addition to the registered brand. The rules shall also establish an annual
fee for issuance of the endorsement authorized in this section and provide for collection of the fee.
The fee may not exceed one hundred dollars per year.
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 10, 2015
_______________
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GAME, FISH, PARKS, AND FORESTRY
_______________
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\210.wpd
CHAPTER 210
(HB 1053)
Department of Game, Fish and Parks statutory revisions.
ENTITLED, An Act to repeal and revise certain outdated provisions related to the Department of
Game, Fish and Parks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-3-4.2 be repealed.
Section 2. That § 41-6-42 be repealed.
Section 3. That § 41-8-37.1 be repealed.
Section 4. That § 42-8-54 be amended to read as follows:
42-8-54. Whenever If a regatta, motorboat or other boat race, marine parade, tournament, or
exhibition is proposed to be held, the person in charge thereof, of the event shall, at least fifteen days
prior thereto to the date of the event, file an application with the Department of Game, Fish and
Parks for permission to hold such regatta, motorboat or other boat race, marine parade, tournament
or exhibition the event. The application shall set forth include the date, time, and location where it
is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or
exhibition, and it shall not for the event. No such event may be conducted without authorization of
the Game, Fish and Parks Commission in writing. Any person who conducts an event without the
authorization of the Game, Fish and Parks Commission is guilty of a Class 2 misdemeanor.
Section 5. That § 42-8-61 be repealed.
Signed February 12, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\210.wpd
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\211.wpd
CHAPTER 211
(HB 1146)
Limit who may request to see a person's hunting or fishing license.
ENTITLED, An Act to limit who may request to see a person's hunting or fishing license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-6-63 be amended to read as follows:
41-6-63. A licensee shall at any time upon request of any person exhibit the licensee's license or
other form of license authorization issued by the Department of Game, Fish and Parks pursuant to
Titles 41 and 42. During the required license exhibition and upon request by a conservation officer
or other law enforcement officer, a. A licensee who is sixteen years of age or older who holds the
other form of license authorization, shall exhibit and provide for inspection a driver's license, a
state-issued identification card, or another form of valid identification for the purpose of verifying
the identity of the licensee. Failure to exhibit the licensee's license or other form of license
authorization required by this section is a Class 2 misdemeanor.
Section 2. That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:
Any person who is hunting, fishing, or trapping or is engaged in any recreational activity upon
private land shall upon request exhibit the person's license to hunt, fish, or trap, or if unlicensed or
engaged in another recreational activity, shall provide the person's first name, last name, town or city
of residence, and state or province of residence as shown on the person's driver license, state-issued
identification card, or other form of valid identification for the purpose of verifying the person's
identity to any person who has legal authority to control access to the private land where the hunting,
fishing, trapping, or other recreational activity is occurring. A violation of this section is a Class 2
misdemeanor.
Signed March 11, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\211.wpd
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\212.wpd
CHAPTER 212
(HB 1006)
Bullheads may be used as bait.
ENTITLED, An Act to allow bullheads to be used as bait.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-12-8 be amended to read as follows:
41-12-8. No person may use carp, goldfish, and game fish (except cleanings thereof), except
bullhead and cleanings of game fish, in hook and line fishing. A violation of this section is a Class
2 misdemeanor.
Signed February 24, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\212.wpd
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\213.wpd
CHAPTER 213
(HB 1054)
Fur dealer record keeping.
ENTITLED, An Act to revise certain record keeping and inspection requirements for fur dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-14-23 be amended to read as follows:
41-14-23. Resident Each fur dealer licensees, under licensee, licensed pursuant to the provisions
of § 41-6-25, shall keep a permanent record of each purchase made which. The purchase record shall
show the kind of each skin purchased, the date and place of each purchase, and the full name and
address of the vendor, and the price paid. Such The record shall also contain copies of all invoices
of sales made by the licensee and. Each invoice shall disclose the kind of each skin sold, date and
place of sale, the name and address of the purchaser, and the place and mode of shipment and
delivery. Such The record is subject to inspection at all times by the secretary of game, fish and parks
or any conservation officers officer or peace officers law enforcement officer. Failure to comply
with A violation of the provisions of this section by a licensee is a Class 2 misdemeanor.
Section 2. That § 41-14-24 be repealed.
Signed February 12, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\213.wpd
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\214.wpd
CHAPTER 214
(SB 49)
Department of Game, Fish and Parks
may sell railway right-of-way to the City of Deadwood.
ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell a portion of
railway right-of-way to the City of Deadwood.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Notwithstanding any provision of law to the contrary, the Department of Game, Fish
and Parks may sell real property owned by the department described as a portion of the Chicago and
North Western Railway Company right-of-way located within the City of Deadwood in Lawrence
County to the City of Deadwood for the city's use as a municipal facility. The sale shall be made
according to the following procedure:
(1) For the full value as established by a qualified appraiser employed by the department;
(2) Money received from the sale shall be deposited with the state treasurer and credited to
the game, fish and parks fund; and
(3) Conveyance of title to the city shall be made in the name of the State of South Dakota
acting by and through the Department of Game, Fish and Parks, executed in the manner
provided by § 5-2-11, and be subject to all applicable constitutional and statutory
reservations.
Signed March 11, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\215.wpd
CHAPTER 215
(SB 50)
Appropriation for construction at Custer State Park.
ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the
construction, reconstruction, renovation, and modernization of state park facilities and
infrastructure at Custer State Park for the Department of Game, Fish and Parks, 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 contract for the
construction, reconstruction, renovation, and modernization of facilities and related infrastructure
at Custer State Park including buildings, fixtures, plumbing, water, sewer, electric upgrades,
domestic water treatment systems, site preparation, construction of facilities, improvements to the
outside of the facilities, landscaping the grounds of the facilities, architectural, engineering, film
production for the new visitor center, and bonding services. The construction, reconstruction,
renovation, and modernization of facilities and related infrastructure shall address priority needs
identified in the Custer State Park Resort Master Plan prepared in 2014. The Building Authority may
finance this project, including the issuance of revenue bonds not to exceed eleven million five
hundred thousand dollars, in accordance with this Act and chapter 5-12.
Section 2. There is hereby appropriated from the budget reserve fund the sum of eleven million
five hundred thousand dollars ($11,500,000), or so much thereof as may be necessary, to the Custer
State Park improvement fund for the expenditures authorized by this Act. There is hereby
appropriated the sum of eleven million five hundred thousand dollars ($11,500,000) in other fund
expenditure authority, or so much thereof as may be necessary, to the Department of Game, Fish and
Parks, for expenditures authorized by this Act.
Section 3. The entire amount appropriated pursuant to section 2 of this Act, shall be repaid, with
interest. The repayment to the state shall take no longer than four years from the date of the
appropriation to the Custer State Park improvement fund as provided in section 2 of this Act, and
the interest rate used to calculate the annual repayment amount shall equal the average interest rate
earned by the state cash flow fund in the most recent completed fiscal year as supplied by the Bureau
of Finance and Management. Starting on January 1, 2016, the Department of Game, Fish and Parks
shall make annual payments based upon a fifteen year amortization schedule for the outstanding
balance due to the state. Principal payments shall be deposited in the budget reserve fund and interest
payments shall be deposited in the general fund.
Section 4. To minimize the length of time required to fully reimburse the state for the amounts
appropriated to the Custer State Park improvement fund, the Department of Game, Fish and Parks
shall work with the Building Authority and other departments and agencies of the state to take
advantage of every future opportunity to issue tax exempt bonds, up to the maximum amount
allowed under §§ 103 and 140 to 150, inclusive, of the Internal Revenue Code for each bond issue.
Any additional funds generated from each tax exempt bond issue not required or dedicated to be used
by such other department or agency of the state shall be used to repay the state until the total amount
appropriated pursuant to section 2 of this Act, has been repaid with interest.
Section 5. Pursuant to section 4 of this Act, if the Building Authority and the Department of
Game, Fish and Parks determine tax exempt bonding opportunities and other sources of repayment
are insufficient to repay the total amount appropriated pursuant to section 2 of this Act, the
Department of Game, Fish and Parks shall work with the Building Authority to issue bonds in an
amount sufficient to fully repay the remaining amount required to fully restore the budget reserve
fund.
Section 6. If, at any point in time before the state has been fully repaid, the Legislature
determines that the need exists to fully restore the amounts appropriated to the Custer State Park
improvement fund as provided in section 2 of this Act, the Department of Game, Fish and Parks
shall work with the Building Authority to issue bonds in an amount great enough to fully restore the
amounts appropriated.
Section 7. If at any point in time, the Department of Game, Fish and Park requests the Building
Authority to issue bonds to finance the costs authorized in section 1 of this Act, or to restore the
amounts appropriated to the Custer State Park improvement fund as provided in section 2 of this Act,
the Building Authority shall issue bonds for such purposes using such combination of tax exempt
and taxable bonds as it deems necessary or appropriate.
Section 8. 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 9. The Building Authority may accept any funds obtained from gifts, contributions, or
other sources for the purposes stated in section 1 of this Act.
Section 10. 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 thereof, pursuant to chapter
5-12, from funds appropriated by the Legislature for the payment of rent to support the construction,
completion, furnishing, equipping, payment of revenue bonds issued pursuant to this Act, and
repayment of construction costs paid through the funds appropriated pursuant to section 2 of this Act.
The Custer State Park bond redemption fund as created in § 41-17-22.5 shall pay lease rental
amounts to the Building Authority or to restore the amounts appropriated pursuant to section 2 of
this Act, as applicable.
Section 11. Upon receipt of payment of the balance of rental payments made under the terms of
any lease entered into pursuant to section 10 of this Act, the Building Authority shall convey the
leased property improvements in Custer State Park to the Department of Game, Fish and Parks
pursuant to § 5-12-15.
Section 12. 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.
Section 13. No money from the general fund nor any money appropriated for statewide
maintenance and repair may be used to finance the maintenance and repair of the facilities specified
in this Act.
Section 14. The secretary of the Department of Game, Fish and Parks shall approve vouchers and
the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 15. 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, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\215.wpd
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\216.wpd
CHAPTER 216
(HB 1192)
Appropriation for the protection
and enhancement of wildlife habitat.
ENTITLED, An Act to make an appropriation for the protection and enhancement of wildlife habitat
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 three hundred fifty
thousand dollars ($350,000), or so much thereof as may be necessary, to the Bureau of Finance and
Management for a grant to the conservation fund held with the South Dakota Community Foundation
and administered by the executive board of the conservation fund for the protection and enhancement
of wildlife habitat across the state.
Section 2. The funds appropriated in section 1 of this Act shall be used to match one dollar of
general funds for every one dollar received from private contributions or private donations made to
the conservation fund held with the South Dakota Community Foundation and administered by the
executive board of the conservation fund.
Section 3. The funds appropriated in section 1 of this Act shall be for the purpose of program
operations and may not be added to an endowment.
Section 4. The commissioner of the Bureau of Finance and Management shall approve vouchers
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 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 19, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\217.wpd
CHAPTER 217
(SB 152)
Appropriation related to 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 seven hundred fifty
thousand dollars ($750,000), 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 beetles 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 19, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\217.wpd
RECREATION AND SPORTS
_______________
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\218.wpd
CHAPTER 218
(SB 57)
Roulette, Keno, and Craps authorized for gaming.
ENTITLED, An Act to authorize and regulate the playing of craps, roulette, and keno within the city
limits of the city of Deadwood.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-7B-1 be amended to read as follows:
42-7B-1. Limited card games and, slot machines, craps, roulette, and keno are hereby authorized,
and may be operated and maintained, within the city limits of the city of Deadwood, South Dakota,
subject to the provisions of this chapter. The City of Deadwood must first approve the limited card
games and slot machines by sixty percent of the votes cast at an election called for this purpose. The
form of the question to be submitted to the voters is "Shall the city of Deadwood allow limited card
games and slot machines?"
Section 2. That § 42-7B-3 be amended to read as follows:
42-7B-3. If the City of Deadwood permits limited card games and slot machines within its city
limits, such activity Gaming within the city limits of the city of Deadwood shall be regulated by the
South Dakota Commission on Gaming.
Section 3. That § 42-7B-4 be amended to read as follows:
42-7B-4. Terms used in this chapter mean:
(1) "Adjusted gross proceeds," except in the case of the games of poker, gross proceeds less
cash prizes. In games of poker, the term means any sums wagered in a poker hand which
may be retained by the licensee as compensation which must be consistent with the
minimum and maximum amount established by the South Dakota Commission on
Gaming;
(2) "Bet," an amount placed as a wager in a game of chance;
(3) "Blackjack," a card game played by a maximum of seven players in which each player
bets against the dealer. The object is to draw cards whose value will equal or approach
twenty-one without exceeding that amount and win amounts bet, payable by the dealer,
if the player holds cards more valuable than the dealer's cards. The commission may
promulgate rules pursuant to chapter 1-26 authorizing variations of the game;
(4) "City limits," the boundaries of the City city of Deadwood as they existed on January 1,
1989;
(5) "Commission," the South Dakota Commission on Gaming;
(5A) "Craps," a game in which the players place bets on the outcome of the roll or series of
rolls of a pair of dice;
(6) "Gaming," limited card games and, slot machines, craps, roulette, and keno as allowed
and regulated by this chapter;
(6A) "Gaming device," a slot machine, a poker table, or a blackjack table, a slot machine, a
craps table, a roulette table, or a keno number selection device;
(7) "Gaming employee," any person twenty-one years of age or older employed by an
operator or retailer hosting gaming to work directly with the gaming portion of that
business and who must hold a support license;
(8) "Gaming equipment," any equipment used in gaming that is allowed by this chapter and
which requires licensing;
(9) "Gaming license," any license issued by the commission pursuant to this chapter which
authorizes any person to engage in gaming within the City city of Deadwood;
(9A) "Gaming property owner," any person other than a licensed retailer who owns real
property where licensed gaming is conducted within the city of Deadwood. The term,
gaming property owner, does not include any person who owned real property where
licensed gaming was conducted within the city of Deadwood prior to January 1, 2010;
(10) "Historic restoration and preservation," the restoration and preservation of the City city
of Deadwood to maintain its historical background, cultural heritage, and necessary
supporting infrastructures;
(10A) "Keno," a game in which players place bets by marking their selections on a blank ticket
form with eighty numbered selection boxes and the outcome is determined by a number
selection device;
(10B) "Key employee," any executive, employee, or agent of a gaming licensee having the
power to exercise a significant influence over decisions concerning any part of the
operation of a gaming licensee;
(11) "Licensed gaming establishment," any premises licensed pursuant to this chapter where
gaming is conducted;
(12) "Licensee," any person licensed under this chapter;
(13) "Licensing authority," the South Dakota Commission on Gaming Commission;
(14) "Limited card games and slot machines," any card games including poker and blackjack
and slot machines authorized by this chapter and regulated by the commission;
(15) "Net municipal proceeds," the amount remitted to the City city of Deadwood by the South
Dakota Commission on Gaming;
(16) "Operator," any person who places poker tables, blackjack tables, slot machines, craps
tables, roulette tables, or keno number selection devices in the person's own business
premises;
(17) "Person," includes individuals, partnerships, limited liability companies, associations, and
corporations;
(18) "Poker," a card game played by players who are dealt cards by a nonplayer dealer. The
object of the game is for each player to bet the superiority of the player's own hand and
win the other players' bets by either making a bet no other player is willing to match or
proving to hold the most valuable cards after all the betting is over. Poker includes draw,
stud, low ball, or any combination thereof. The commission may promulgate rules
pursuant to chapter 1-26 authorizing variations of the game;
(19) "Retailer," any licensee who maintains gaming at the licensee's place of business within
the City city of Deadwood for use and operation by the public;
(20) "Retail space," the area where the retailer's business is principally conducted;
(20A) "Roulette," a game in which players place bets on a single number or a range of numbers
or the colors red or black or whether the number is odd or even or a combination thereof
and the winning numbers and color are determined by a ball which is spun on a wheel;
(20B) "Route operator," any person who, individually or jointly pursuant to an agreement
whereby consideration is paid for the right to place poker tables, blackjack tables, slot
machines or gaming tables, craps tables, roulette tables, or a keno number selection
device, engages in the business of placing and operating poker tables, blackjack tables,
slot machines or gaming tables, craps tables, roulette tables, or a keno number selection
device within the City city of Deadwood;
(21) "Slot machines," any mechanical, electrical, or other device, contrivance, or machine
which, upon insertion of a coin, token or similar object, or upon payment of any
consideration whatsoever, is available to play or operate, the play or operation of which,
whether by reason of the skill of the operator or application of the element of chance, or
both, may deliver or entitle the person playing or operating the machine to receive cash
premiums, merchandise, tokens, redeemable game credits or anything of value other than
unredeemable free games whether the payoff is made automatically from the machines
or in any other manner;
(22) "Slot machine manufacturer," any person or distributor who designs, assembles,
fabricates, produces, constructs, sells, leases, or who otherwise prepares a product or a
component part of a slot machine, other than tables or cabinetry;
(23) "Suitability" or "suitable," in relation to a person is the ability to be licensed by the
commission and as to acts or practices, are lawful acts or practices;
(24) "Unsuitability" or "unsuitable," in relation to a person is the inability to be licensed by the
commission because of prior acts, associations, or financial condition, and as to acts or
practices, are those that would violate the statutes or rules or would be contrary to the
declared legislative purpose of this chapter.
Section 4. That § 42-7B-7 be amended to read as follows:
42-7B-7. The commission may promulgate rules, pursuant to chapter 1-26, for the orderly
transaction and conduct of its business and the substantive rules that it may determine proper
concerning the issuance, revocation, and suspension of gaming licensees, the division of machines
or limited card games, slot machines, craps, roulette, or keno that may be placed in any building or
retail business, the conduct and operation of limited card games and, slot machines, craps, roulette,
or keno, and any other things necessary to carry out the purposes of this chapter. The commission
may also promulgate rules necessary to administer complaints which may be received from the
public and conduct such other investigations and inspections into the conduct of the games and the
licensees and the maintenance of the equipment as the commission may deem deems necessary and
proper. Rules of the commission shall be promulgated pursuant to chapter 1-26. License issuance,
suspension, and revocation are contested cases within the meaning of chapter 1-26. The
commission's rules may provide procedures for summary suspension of any license issued under this
chapter and shall provide for subsequent contested case hearings before suspensions become final
or a license is revoked. The commission may apply for injunctive or declaratory relief to enforce the
provisions of this chapter and any rules promulgated thereunder. Action by the commission may not
limit the authority of the state's attorney or attorney general from enforcing criminal actions.
Section 5. That § 42-7B-15 be amended to read as follows:
42-7B-15. Specific rules for blackjack and, poker, craps, roulette, and keno shall be approved
by the commission and clearly posted within plain view of any applicable card gaming table or area
in which keno is offered for play.
Section 6. That § 42-7B-16 be amended to read as follows:
42-7B-16. A full compliment complement of limited card games and slot machines gaming
devices may not exceed thirty per retail license.
Section 7. That § 42-7B-17 be amended to read as follows:
42-7B-17. Any Each operator is responsible to provide audit and security measures relating to
slot machines gaming devices, as prescribed by this chapter and the commission. The operator shall
insure slot machine gaming device specifications comply with those provisions set forth in this
chapter and the rules of the commission.
Section 8. That § 42-7B-21 be amended to read as follows:
42-7B-21. The commission may establish an application fee which shall include includes the cost
of investigation and administration and is nonrefundable. The amount of the application fee may vary
with the type of license or game for which application is made and with the type of applicant. The
application form promulgated by the commission shall include a waiver of any right of
confidentiality and allow access to law enforcement records of this or any other state, the government
of any foreign country, or any Indian tribe. The waiver of confidentiality shall extend extends to any
financial or personnel record wherever maintained.
Section 9. That § 42-7B-27 be amended to read as follows:
42-7B-27. Any individual employed by a retail licensee, operator, route operator, or slot machine
manufacturer as a card dealer, floor supervisor, or other gaming employee as determined by the
commission, shall have a current valid support license. Any individual seeking a support license
shall be a person of at least twenty-one years of age, and of good moral character. The commission
may deny a support license to any person discharged for cause by any licensed gaming establishment
in this or any other country.
Section 10. That § 42-7B-35 be amended to read as follows:
42-7B-35. Any participant in a limited card game or slot machine any gaming shall be
twenty-one years or older at the time of his participation. No licensee may permit any person who
is less than twenty-one years of age to participate in a limited card game or play a slot machine any
gaming. A violation of this section by a participant is a Class 1 misdemeanor and a violation by a
licensee is a Class 1 misdemeanor and may form the basis for revocation of a retail license.
Section 11. That § 42-7B-40 be amended to read as follows:
42-7B-40. Any retail licensee under this chapter shall have at least one licensed employee that
is at least twenty-one years of age on the premises or within a contiguous premises in full view and
control of any limited card games or slot machines gaming operated on the premises. The
commission shall adopt rules, pursuant to chapter 1-26, to establish the number of employees
required to monitor the premises. The rules may also authorize the use of electronic devices or other
types of monitoring equipment.
Section 12. That § 42-7B-42 be amended to read as follows:
42-7B-42. It is unlawful for any person playing or conducting any authorized game of chance,
conducted by a licensee to:
(1) Use bogus or counterfeit chips, tokens, devices, or coins, cards, dice, or roulette balls;
(2) Employ or have on one's person any cheating device to facilitate cheating in any game of
chance;
(3) Use any fraudulent scheme or technique;
(4) Have located on the premises equipment for gaming that is not licensed by the
commission under pursuant to this chapter except any equipment exempted by the
commission, this chapter, or other statutes.
A violation of this section is a Class 5 felony.
Signed March 10, 2015
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CHAPTER 219
(SB 56)
Adjusted gross proceeds instructions to calculate the gaming tax.
ENTITLED, An Act to provide direction regarding the calculation of adjusted gross proceeds for the
purpose of calculating the gaming tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 42-7B be amended by adding thereto a NEW SECTION to read as
follows:
When calculating adjusted gross proceeds for the purpose of applying the tax imposed by §§ 42-7B-28 and 42-7B-28.1:
(1) Free play value provided by the operator may not be included in the gross proceeds; and
(2) Cash prizes deducted shall be adjusted to not include an amount equal to ninety percent
of the free play value provided by the operator.
Signed March 10, 2015
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CHAPTER 220
(SB 58)
Authority, monetary penalties, and hearing procedures revised
for the South Dakota Commission on Gaming.
ENTITLED, An Act to revise certain authority, monetary penalties, and hearing procedures of the
South Dakota Commission on Gaming.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-7B-32 be amended to read as follows:
42-7B-32. Any license granted pursuant to this chapter may be suspended or revoked for any
cause which may have prevented its issuance, or for violation by the licensee, or any officer, director,
agent, member, or employee of the licensee, of this chapter or any rule adopted by the commission
or for conviction of a crime of moral turpitude or a felony, after notice to the licensee and a hearing,
upon grounds determined adequate by the commission. In addition to revocation or suspension or
in lieu of revocation or suspension, the commission may impose a reprimand or a monetary penalty
for each offense not to exceed the following amounts:
(1) If the licensee is a slot machine manufacturer or distributor, the amount of one hundred
two hundred fifty thousand dollars;
(2) If the licensee is an operator, the amount of twenty-five one hundred thousand dollars;
(3) If the licensee is a retailer or gaming property owner, the amount of twelve thousand five
hundred twenty-five thousand dollars;
(4) If the licensee is a key employee, the amount of five thousand dollars; and
(5) If the licensee has a support license, the sum of two thousand five hundred dollars.
Any monetary penalty received by the commission under this section shall
go into be deposited
in the gaming commission fund established by § 42-7B-48 and is to be used solely for the purposes
prescribed by subdivision 42-7B-48(2) and is not subject to the provisions of subdivision 42-7B-48(4).
Section 2. That chapter 42-7B be amended by adding thereto a NEW SECTION to read as
follows:
Any slot machine seized pursuant to the provisions of § 42-7B-39 may be destroyed after notice
and without hearing if the person from whom the slot machine was seized fails to appear at the time
and place scheduled in the hearing notice.
Section 3. That chapter 42-7B be amended by adding thereto a NEW SECTION to read as
follows:
Any license granted pursuant to the provisions of this chapter which is voluntarily surrendered
by the licensee may be cancelled or revoked without a hearing unless the licensee files a written
request for a hearing within thirty days after receiving written notice of the revocation or cancellation
from the commission.
Section 4. That § 23A-27-14.2 be amended to read as follows:
23A-27-14.2. Notwithstanding §§ 23A-27-14 and 23A-27-17, a person who has received an
order pursuant to the provisions of § 23A-27-13 for a felony offense, who is licensed or seeks to be
licensed by the South Dakota Commission on Gaming pursuant to the provisions of § 42-7B-22 or
subdivision 42-7-56(12), shall have an application refused or a license revoked after a hearing as
provided pursuant to chapter 1-26 unless the person has successfully completed the probationary
period imposed by the court. However, the commission may grant a conditional license during the
probationary period imposed by the court if the applicant or licensee proves by clear and convincing
evidence to the satisfaction of the commission that the person is suitable to hold the license.
Signed March 12, 2015
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\221.wpd
CHAPTER 221
(SB 48)
Personal watercraft safety regulation.
ENTITLED, An Act to revise certain provisions pertaining to the operation of personal watercraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-8-102 be amended to read as follows:
42-8-102. No person may operate a personal watercraft:
(1) Unless each person aboard is wearing a type I, type II, type III, or type V wearable
personal flotation device approved by the United States Coast Guard;
(2) That is equipped by the manufacturer with a lanyard type engine cutoff without attaching
such lanyard to his the person, clothing, or personal flotation device as appropriate for the
specific watercraft;
(3) Between the hours of one-half hour after sunset to one-half hour before sunset and sunrise
unless the personal watercraft is equipped with navigation lights as required by the
Department of Game, Fish and Parks by rules promulgated pursuant to chapter 1-26;
(4) At greater than a slow-no-wake speed within one hundred fifty feet of any dock,
swimmer, swimming raft, or nonmotorized boat. Slow-no-wake is the slowest possible
speed necessary to maintain steerage, but in no case greater than five miles per hour;
(5) In other than a reasonable and prudent manner; and
(6) To chase or harass wildlife, or travel through emergent floating vegetation at greater than
slow-no-wake speed.
Except in the case of an emergency, no person under the age of fourteen may operate or be
permitted to operate a personal watercraft, regardless of horsepower, unless there is a person
eighteen years of age or older on board the craft. No owner of a personal watercraft may permit the
personal watercraft to be operated by such underage person. The provisions of this section do not
apply to a performer engaged in a professional exhibition or a person preparing to participate or
participating in an officially-sanctioned regatta, race, marine parade, tournament, or exhibition. A
violation of this section is a Class 2 misdemeanor.
Signed March 12, 2015
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PROPERTY
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CHAPTER 222
(HB 1136)
Administration of unlocatable mineral,
leasehold, or royalty interests.
ENTITLED, An Act to revise certain provisions concerning the administration of unlocatable
mineral, leasehold, or royalty interests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-30B-4 be amended to read as follows:
43-30B-4. The trustee shall administer the trust in compliance with the provisions regulating
trusts and trustees in Title title 55. Trustee or attorney fees may be paid from the trust proceeds if
approved by the court of proper jurisdiction. All bonuses, rental payments, royalties, and other
income shall be paid to the trustee until the trust is terminated and notice of the termination is given
to all interested parties. Upon receipt, the trustee shall credit fifty percent of the moneys paid to the
general fund of the county where the trustee mineral is located to defray the costs of administration.
The trustee shall invest the funds in a prudent manner.
Signed February 26, 2015
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CHAPTER 223
(HB 1128)
Homestead exemption revised.
ENTITLED, An Act to protect certain homestead exemption interests during sale of homestead or
separation of owners.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-31-1 be amended to read as follows:
43-31-1. The homestead, including a homestead listed for sale, of every family, resident in this
state, as hereinafter defined, so long as it continues to possess the character of a homestead is exempt
from judicial sale, from judgment lien, and from all mesne or final process from any court, to the
extent and as provided by statute. However, a creditor or lien holder of a mobile home classified as
a homestead under § 43-31-2 prior to January 1, 1973, may not be cut off and is not subject to a
homestead exemption. In addition, a homestead with a value of less than one hundred seventy
thousand dollars of a person seventy years of age or older, and the unremarried surviving spouse of
such person, is exempt from sale for taxes for so long as it continues to possess the character of a
homestead.
Section 2. That § 43-31-2 be amended to read as follows:
43-31-2. The homestead must embrace embraces the house used as a home by the owner thereof
of it, being either, real property or a mobile home as hereinafter defined, and if he or she the owner
has two or more houses or mobile homes thus used at different times and places, such the owner may
shall select which he or she will retain as a homestead.
It must The homestead may not embrace more than one dwelling house or any other buildings
except such as are properly appurtenant to the homestead
as such; but a. A shop, store, or other
building situated on real property and really used or occupied by the owner in the prosecution of
his
the owner's own ordinary business may be deemed appurtenant to
such the owner's homestead.
Mobile homes shall A mobile home may include any vehicle without motive power which can
provide adequate, comfortable, all season quarters for the purpose of making
it a residence
thereof
and which vehicle is larger than two hundred forty square feet, measuring at the base
thereof . Such
of the vehicle. The mobile home must be registered in South Dakota at least six months prior to the
claim of exemption.
Section 3. That chapter 43-31 be amended by adding thereto a NEW SECTION to read as
follows:
If an owner is required to leave a homestead pursuant to a protection order obtained by the
owner's spouse or to otherwise preserve peace in the home, the owner's absence from the homestead
may not be considered a waiver or abandonment of the owner's interest in the homestead, unless
there is evidence to the contrary.
Section 4. That § 43-45-3 be amended to read as follows:
43-45-3. A homestead:
(1) As defined and limited in chapter 43-31, is absolutely exempt; or
(2) In the event such homestead is sold under the provisions of chapter 21-19, or is sold by
the owner voluntarily, the proceeds of such sale, not exceeding the sum of sixty thousand
dollars, is absolutely exempt for a period of one year after the receipt of such proceeds by
the owner. If the homestead is divided by court order pursuant to § 25-4-44 and a lien is
imposed on the homestead for the benefit of the nonoccupant spouse pursuant to § 25-4-42, absence from the homestead and loss of title to the homestead pursuant to the court
order, does not constitute forfeiture of the homestead exemption and homestead
protection shall attach to the judicial lien for a period of one year. Such exemption shall
be limited to one hundred seventy thousand dollars for a homestead of a person seventy
years of age or older or the unremarried surviving spouse of such person so long as it
continues to possess the character of a homestead.
Signed March 12, 2015
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WATER MANAGEMENT
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CHAPTER 224
(SB 173)
Water management omnibus appropriation.
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, to revise the state water plan, to increase the authority
of the South Dakota Board of Water and Natural Resources to make consolidated water facilities
construction program awards, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-1-2.1 be amended to read as follows:
46A-1-2.1. The Legislature finds that the following water resources projects are necessary for
the general welfare of the people of the State of South Dakota and authorizes the projects pursuant
to § 46A-1-2 to be included in the state water resources management system to serve as the
preferred, priority objectives of the state: Belle Fourche irrigation upgrade project, Big Sioux flood
control study, Black Hills hydrology and water management study studies to manage and protect
state water resources for current and future generations, Cendak irrigation project, Gregory County
pumped storage site, Lake Andes-Wagner/Marty II irrigation unit, Lewis and Clark rural water
system, Mni Wiconi rural water system, Perkins County rural water system, Sioux Falls flood control
project, Southern Black Hills Water System, and Vermillion basin flood control project.
Section 2. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of seven million seven hundred thousand dollars
($7,700,000), 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 no-interest loan to local project
sponsors as an advance on federal funds for the construction of 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. The board shall
provide the funds based upon the expectation that the federal government will appropriate funds up
to the federally authorized ceiling and that federal funding will be the repayment source.
Section 3. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of two hundred fifty thousand dollars ($250,000), 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 grants to state and local project sponsors for
hydrology and water management studies to assess, model, and quantify the state's surface water and
groundwater resources. Funds shall be provided according to terms and conditions established by
the Board of Water and Natural Resources. Notwithstanding § 46A-1-61, the board may provide a
grant for up to one hundred percent of the nonfederal share of expenditures for a hydrology or water
management study.
Section 4. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of sixteen million five hundred thousand dollars
($16,500,000), 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 5. In accordance with § 46A-1-64, the Legislature hereby authorizes the Board of Water
and Natural Resources to provide funding from the South Dakota water and environment fund, under
the consolidated water facilities construction program established in § 46A-1-63.1, in amounts not
to exceed four million dollars to the city of Clark, for the design and construction of a waste water
treatment facility, a sanitary sewer interceptor, and sewer main. Funds shall be provided according
to the terms and conditions established by the Board of Water and Natural Resources.
Section 6. In accordance with § 46A-1-64, the Legislature hereby authorizes the Board of Water
and Natural Resources to provide funding from the South Dakota water and environment fund, under
the consolidated water facilities construction program established in § 46A-1-63.1, in amounts not
to exceed three million dollars to the Big Sioux Community Water System, for the design and
construction of water lines and a pump station to interconnect with the city of Madison and the
Minnehaha Community Water Corporation. Funds shall be provided according to the terms and
conditions established by the Board of Water and Natural Resources.
Section 7. In accordance with § 46A-1-64, the Legislature hereby authorizes the Board of Water
and Natural Resources to provide funding from the South Dakota water and environment fund, under
the consolidated water facilities construction program established in § 46A-1-63.1, in amounts not
to exceed one million eight hundred thousand dollars to the Minnehaha Community Water
Corporation, for the design and construction of water lines to provide capacity to interconnect with
the Big Sioux Community Water System and the city of Madison. Funds shall be provided according
to the terms and conditions established by the Board of Water and Natural Resources.
Section 8. That § 46A-1-64 be amended to read as follows:
46A-1-64. In administering the consolidated water facilities construction program, the Board of
Water and Natural Resources may loan or grant a sum equal to the construction cost as estimated by
the district board but not to exceed one two million dollars to any project in the state water facilities
plan without specific authorization of the Legislature. Loans shall be secured by the best security
position available. A pledge of assets owned by the entity receiving a loan and project revenues shall
constitute sufficient minimum security for loans under this section.
Section 9. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of one million three hundred thousand dollars
($1,300,000), 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.
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 10. Notwithstanding § 34A-6-85, there is hereby appropriated from the South Dakota
water and environment fund established pursuant to § 46A-1-60, from the fees received pursuant to
§§ 34A-6-81 to 34A-6-84, inclusive, the sum of one million dollars ($1,000,000), 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 for the construction, remediation, enlargement,
closure, or upgrade of regional landfills. Funds shall be provided according to the terms and
conditions established by the Board of Water and Natural Resources. 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 11. 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 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 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 12. 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 fifty thousand dollars ($150,000), 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 13. 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 fifty thousand dollars ($150,000), 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 14. 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 two hundred fifty thousand dollars ($250,000), or so much thereof as may
be necessary, to the South Dakota Board of Water and Natural Resources for the purpose of
providing grants to very small community water systems to address drinking water compliance and
public health issues. Funds shall be provided according to terms and conditions established by the
Board of Water and Natural Resources.
Section 15. 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 16. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 17. 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, 2015
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CHAPTER 225
(HB 1217)
The James River Water Development District revised.
ENTITLED, An Act to revise certain provisions regarding the James River Water Development
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-3A-4 be amended to read as follows:
46A-3A-4. The James River Water Development District is hereby established. The James River
Water Development District includes all of Brown, Spink, Beadle, Sanborn, Davison, Hanson,
Hutchinson, Marshall, and Yankton counties; Redstone, Carthage, Miner, Green Valley, Clinton,
Roswell, Beaver, and Rock Creek townships in Miner County; and Buffalo, Dayton, Dumarce, Eden,
Fort, Hamilton, Hickman, Lake, Lowell, Miller, Newark, Newport, Pleasant Valley, Red Iron Lake,
Sisseton, Stena, Waverly, Weston, and Wismer townships in Marshall County; Pleasant Valley,
Bristol, Belford, Cooper, Firesteel, Palatine, Plankinton, Hopper, Pleasant Lake, Dudley, and Aurora
townships in Aurora County; and all municipalities that are wholly or partially within the included
area or that are contiguous to the included area.
Signed March 4, 2015
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\226.wpd
CHAPTER 226
(SB 3)
Mediation of certain drainage disputes.
ENTITLED, An Act to provide for mediation of certain drainage disputes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Department of Agriculture shall establish and administer a statewide mediation
program to provide assistance to property owners who seek to use mediation as a method to resolve
disputes over the surface or subsurface drainage of water.
The secretary of the Department of Agriculture shall promulgate rules pursuant to chapter 1-26
necessary for mediation, including the establishment of fees, training requirements for mediators,
mediation request forms, mediation timeline, notification and intervention procedures, and any other
mediation procedures as may be necessary for the mediation of drainage disputes. The parties to the
mediation created under this Act shall be limited to the person or parties that own or administer real
property impacted by the planned drainage or drainage dispute.
Section 2. All staff services required by the drainage mediation program shall be provided by the
Department of Agriculture. The secretary of agriculture may employ agents and employees as the
secretary deems necessary. The mediation services shall be administered under the direction and
supervision of the Department of Agriculture. All expenses incurred in carrying on the work of the
drainage mediation program, including the per diem and expenses of the staff, salaries, contract
payments, department notice requirements, and any other items of expense shall be paid out of funds
appropriated or otherwise made available to the farm mediation operating fund.
Section 3. Any fees incurred in the mediation process provided under this Act and by rule shall
be borne equally between the parties to the drainage dispute. The fees shall be deposited in the farm
mediation operating fund. All money in the farm mediation operating fund is continuously
appropriated for the purposes of administering the drainage mediation program. Any disbursements
from the farm mediation operating fund shall be by authorization of the secretary of agriculture.
Section 4. The Department of Agriculture, in the administration of this Act, may contract with
one or more governmental entities, nonprofit corporations, individuals, or other entities as
determined by the Department of Agriculture to provide mediation services of drainage disputes.
Section 5. The requesting party shall promptly provide to the Department of Agriculture, upon
the agreement of at least two parties to enter into the mediation program created under this Act, a
list of other parties to the drainage dispute and any property owner and any county, municipality,
township, or any agency of state or federal government reasonably determined by the requesting
party to be affected by the drainage activity. The Department of Agriculture shall send a mediation
meeting notice to the identified parties, setting a time and place for an initial mediation meeting
between the parties to the dispute and a mediator. This notice shall be in conjunction with a public
notice of the mediation by the Department of Agriculture that shall be published once each week for
two consecutive weeks in one of the official newspapers designated by the county or counties where
the real property involved in the drainage dispute is located. The last publication shall be published
before the initial mediation meeting. The unintentional failure to notify any party who may
potentially be impacted by the drainage activity may not prevent the mediation from being scheduled
or completed. No notice is necessary to any property owner within the boundaries of a municipality.
Section 6. Any agreement reached between the parties to the drainage dispute as a result of
mediation shall be drafted into a written agreement. If signed by the parties, the agreement
constitutes a binding contract, and the mediator shall so certify.
Section 7. Information relating to the dispute between the parties to the drainage dispute which
is disclosed to the mediator or which is created, collected, or maintained by the Department of
Agriculture mediation program pursuant to the terms of this Act is confidential to the extent agreed
by the parties or provided by state law.
All mediation meetings, and all mediation activities provided by this Act, are exempt from the
provisions of chapter 1-27.
Section 8. Any person serving as a mediator pursuant to this Act is immune from civil liability
in any action brought in any court in this state on the basis of any act or omission resulting in damage
or injury if the person was acting in good faith, in a reasonable and prudent manner, and within the
scope of such person's official functions and duties as a mediator.
Section 9. Any person or party that claims to be impacted by the planned drainage activities,
upon timely notice, is allowed to intervene in the mediation process if the person's or party's claim
of impact is supported by a claim that the person or party owns or administers real property impacted
by the planned drainage. The request for intervention shall be supported by evidence that the
intervention is necessary to protect the person's or party's property interests and that those interests
will not be adequately represented by the existing parties. In considering the application for
intervention, the mediator shall determine whether an applicant may intervene and whether the
interest of the applicant presents a property, health, or safety issue impacted by the mediation and
whether the interests of the potential interveners will not be protected by the existing parties.
Signed March 20, 2015
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CHAPTER 227
(SB 2)
River basin natural resource districts created.
ENTITLED, An Act to provide for the establishment of river basin natural resource districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Pursuant to sections 3 to 11, inclusive, of this Act, the state is divided into nine river
basin natural resource districts. Each district is a political subdivision of the state.
Section 2. As used in this Act, the term, district, means one of the river basin natural resource
districts created by this Act.
Section 3. The Red River and Minnesota River Basin Natural Resource District is hereby
established. The district shall include the portions of Brookings, Codington, Day, Deuel, Grant,
Marshall, and Roberts counties located in the Red River hydrologic basin and the Minnesota River
hydrologic basin.
Section 4. The Big Sioux River Basin Natural Resource District is hereby established. The
district shall include the portions of Brookings, Clark, Clay, Codington, Day, Deuel, Grant, Hamlin,
Kingsbury, Lake, Lincoln, Marshall, McCook, Minnehaha, Moody, Roberts, Turner, and Union
counties located in the Big Sioux River hydrologic basin.
Section 5. The Vermillion River Basin Natural Resource District is hereby established. The
district shall include the portions of Brookings, Clark, Clay, Hamlin, Hutchinson, Kingsbury, Lake,
Lincoln, McCook, Miner, Minnehaha, Turner, Union, and Yankton counties located in the
Vermillion River hydrologic basin.
Section 6. The James River Basin Natural Resource District is hereby established. The district
shall include the portions of Aurora, Beadle, Bon Homme, Brown, Clark, Davison, Day, Douglas,
Edmunds, Faulk, Hand, Hanson, Hutchinson, Hyde, Jerauld, Kingsbury, Marshall, McCook,
McPherson, Miner, Potter, Roberts, Sanborn, Spink, Turner, and Yankton counties located in the
James River hydrologic basin.
Section 7. The Upper Missouri River Trench Basin Natural Resource District is hereby
established. The district shall include the portions of Campbell, Corson, Dewey, Edmunds, Faulk,
Haakon, Hughes, Hyde, McPherson, Potter, Stanley, Sully, Walworth, and Ziebach counties located
in the Upper Missouri River Trench hydrologic basin.
Section 8. The Lower Missouri River Trench Basin Natural Resource District is hereby
established. The district shall include the portions of Aurora, Beadle, Bon Homme, Brule, Buffalo,
Charles Mix, Clay, Davison, Douglas, Faulk, Gregory, Haakon, Hand, Hughes, Hutchinson, Hyde,
Jackson, Jones, Jerauld, Lyman, Pennington, Potter, Stanley, Sully, Tripp, Union, and Yankton
counties located in the Lower Missouri River Trench hydrologic basin.
Section 9. The Little Missouri River, Cannonball River, Moreau River, and Grand River Basin
Natural Resource District is hereby established. The district shall include the portions of Butte,
Corson, Dewey, Harding, Meade, Perkins, and Ziebach counties located in the Little Missouri River
hydrologic basin, the Cannonball River hydrologic basin, the Moreau River hydrologic basin, and
the Grand River hydrologic basin.
Section 10. The Belle Fourche River and the Cheyenne River Basin Natural Resource District
is hereby established. The district shall include the portions of Butte, Custer, Fall River, Haakon,
Lawrence, Meade, Oglala Lakota, Pennington, and Ziebach and counties located in the Belle Fourche
River hydrologic basin and the Cheyenne River hydrologic basin.
Section 11. The White River and Niobrara River Basin Natural Resource District is hereby
established. The district shall include the portions of Bennett, Fall River, Gregory, Jackson, Jones,
Lyman, Mellette, Oglala Lakota, Pennington, Todd, and Tripp counties located in the White River
hydrologic basin and the Niobrara River hydrologic basin.
Section 12. There is hereby established the River Basin Natural Resource District Oversight
Advisory Task Force. The task force consists of the following eight members:
(1) The speaker of the House of Representatives shall appoint two members of the House of
Representatives, one from each political party;
(2) The president pro tempore of the Senate shall appoint two members of the Senate, one
from each political party;
(3) The speaker of the House of Representatives shall appoint two members of the general
public, one member to be an agricultural producer and one member to represent
conservation districts; and
(4) The president pro tempore of the Senate shall appoint two members of the general public,
one member to be an agricultural producer and one member to represent county
government.
The task force shall select a chair and vice chair from its members.
The initial appointments shall be made no later than July 1, 2015, and serve until January 1,
2017. The speaker of the House of Representatives and the president pro tempore of the Senate shall,
before the close of the regular session of the Legislature in 2017, appoint members to the task force
for a term to end January 1, 2019. If there is a vacancy on the task force, the vacancy shall be filled
in the same manner as the original appointment.
Section 13. The task force shall meet between July 1, 2015, and December 31, 2015, to
recommend to the 2016 Legislature the specific boundaries of the river basin natural resource
districts established by this Act. The recommended boundaries of the districts shall follow as closely
as possible the hydrologic patterns of the river basins. However, the task force recommendations may
follow existing boundaries of political subdivisions or voting precincts, wherever feasible.
Municipalities of the first class may not be included in a district. The specific boundaries shall be
established by the Legislature in statute. The task force shall also recommend to the Legislature a
procedure by which the initial terms of council members shall be staggered.
The task force shall work with the local governments in the Red River and Minnesota River
Basin Natural Resource District to establish a pilot water management plan for the district that could
be used as a guide for a water management plan in each of the remaining river basin natural resource
districts.
Section 14. The task force shall also establish recommendations for the 2016 Legislature that
divide each district into three subdistricts of nearly equal size of population based on the last
preceding federal census and not including the population of any municipality of the first class. In
creating these subdistricts, the task force may follow existing boundaries of political subdivisions,
voting precincts, and sections lines wherever feasible.
Section 15. This Act does not give any district created pursuant to this Act any regulatory or
taxing authority. The task force shall continue to meet until January 1, 2019. The task force shall
advise the Legislature and districts regarding the implementation of this Act, including the
establishment of guidelines to be used by the districts to establish a water management plan pursuant
to this Act. The task force shall review the provisions of chapter 46A-10A and determine which
provisions need to be incorporated in legislation to assist in the implementation of this Act. The task
force may present draft legislation and policy recommendations to the Legislative Research Council
Executive Board to facilitate the implementation of this Act.
Section 16. Each district is governed by a council. The size of each district council is determined
by the task force based on the population and the geography of the district.
Section 17. Five percent of the electors of a district may petition the district council to submit
to an election the question of whether the district should become dormant. The election shall be
conducted, canvassed, recounted, and contested as elections under the general laws of this state. No
district may become dormant unless sixty percent or more of the votes cast are in favor of the district
becoming dormant.
Signed March 20, 2015
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CORPORATIONS
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CHAPTER 228
(HB 1065)
Voting trust agreements, requirements revised.
ENTITLED, An Act to revise certain provisions related to voting trusts and agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 47-1A-730 be amended to read as follows:
47-1A-730. One or more shareholders may create a voting trust, conferring on a trustee the right
to vote or otherwise act for them, by signing an agreement setting out the provisions of the trust,
which may include anything consistent with its purpose, and transferring their shares to the trustee.
When a voting trust agreement is signed, the trustee shall prepare a list of the names and addresses
of all owners of beneficial interests in the trust voting trust beneficial owners, together with the
number and class of shares each transferred to the trust, and deliver copies of the list and agreement
to the corporation's principal office.
A voting trust becomes effective on the date the first shares subject to the trust are registered in
the trustee's name.
A voting trust is valid for not more than ten years after its effective date unless
extended under § 47-1A-730.1. Any limit on the duration of a voting trust must be set forth in the
voting trust. A voting trust that became effective between July 1, 2005, and June 30, 2015, remains
governed by the ten-year limit then in effect, unless the voting trust is amended to provide otherwise
by unanimous agreement of the parties to the voting trust.
Section 2. That § 47-1A-730.1 be amended to read as follows:
47-1A-730.1. All or some of the parties to a voting trust may extend it for additional terms
of not
more than ten years each by signing written consent to the extension. An extension is valid for
ten
years the duration stated in the extension agreement and is valid from the date the first shareholder
signs the extension agreement. The voting trustee
must shall deliver copies of the extension
agreement and list of
all voting trust beneficial owners to the corporation's principal office. An
extension agreement binds only those parties signing it.
Signed February 12, 2015
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PARTNERSHIPS
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CHAPTER 229
(HB 1099)
Limited liability partnership transferable interests.
ENTITLED, An Act to revise certain provisions related to transferable interests in limited liability
partnerships.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 48-7A be amended by adding thereto a NEW SECTION to read as
follows:
(a) On application by a judgment creditor of a partner in a limited liability partnership or of a
partner's transferee, and following notice to the limited liability partnership of the application, a court
having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the
judgment.
(b) A charging order constitutes a lien on the judgment debtor's transferable interest in the limited
liability partnership.
(c) An interest which is charged may be redeemed:
(1) By the judgment debtor;
(2) With property other than the limited liability partnership's property, by one or more of the
other partners; or
(3) With the partnership's property, but only if permitted by the partnership agreement.
(d) This chapter does not deprive a partner of a right under exemption laws with respect to the
partner's transferable interest in the partnership.
(e) This section provides the exclusive remedy by which a judgment creditor of a partner in a
limited liability partnership or partner's transferee may satisfy a judgment out of the judgment
debtor's transferable interest in the limited liability partnership. No other remedy, including
foreclosure of the partner's transferable interest or a court order for directions, accounts, and inquiries
that the debtor partner might have made, is available to the judgment creditor attempting to satisfy
the judgment out of the judgment debtor's interest in the limited liability partnership.
(f) No creditor of a partner in a limited liability partnership, or a partner's assignee, has any right
to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the
property of a limited liability partnership.
Signed February 26, 2015
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PUBLIC UTILITIES AND CARRIERS
_______________
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CHAPTER 230
(SB 40)
Federal motor carrier regulations updated.
ENTITLED, An Act to revise certain provisions regarding the 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, 2014 2015, 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, 2014 2015, 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
eighteen 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 February 24, 2015
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CHAPTER 231
(HB 1037)
Public Utilities Commission revisions.
ENTITLED, An Act to revise certain provisions related to the regulation of public utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-34A-1 be amended to read as follows:
49-34A-1. Terms used in this chapter mean:
(1) "Assigned service area," the geographical area in which the boundaries are established as
provided in §§ 49-34A-42 to 49-34A-44, inclusive, and 49-34A-48 to 49-34A-59,
inclusive;
(2) "Commission," the South Dakota Public Utilities Commission;
(3) "Customer," any person contracting for or purchasing gas or electric service from a utility;
(4) "Depreciated original cost," the cost of property to the person first devoting it to public
service, less the depreciation reserve, which includes accumulated depreciation charges
calculated on a straight-line method and based upon the estimated service life of the
property together with other items normally accounted for in the depreciation reserve, and
does not include any good will or going concern value, nor does it include certificate
value in excess of payments made or costs incurred in the initial acquisition thereof;
(5) "Electric line," any line for conducting electric energy at a design voltage of twenty-five
thousand volts phase to phase or less and used for distributing electric energy directly to
customers;
(6) "Electric service," electric service furnished to a customer for ultimate consumption, but
not including wholesale electric service furnished by an electric utility to another electric
utility for resale;
(7) "Electric utility," any person operating, maintaining, or controlling in this state, equipment
or facilities for providing electric service to or for the public including facilities owned
by a municipality;
(8) "Gas service," retail sale of natural gas or manufactured gas distributed through a pipeline
to fifty or more customers or the sale of transportation services by an intrastate natural gas
pipeline;
(9) "Gas utility," any person operating, maintaining, or controlling in this state equipment or
facilities for providing gas service to or for the public;
(9A) "Intrastate natural gas pipeline," any natural gas pipeline located entirely within the state
that transports gas from a receipt point to one or more locations for customers other than
the pipeline operator. However, the term does not apply if there is only one customer and
the customer is a wholly-owned subsidiary of the pipeline operator, the customer is the
parent company of the pipeline operator, or the customer and the pipeline operator are
wholly-owned subsidiaries of the same parent company. Further, the term does not apply
to natural gas lines and appurtenant facilities used to gather gas from natural gas
production facilities or sites and move the gas to an interconnecting transportation
pipeline system;
(10) "Municipality," any incorporated town or city in South Dakota;
(11) "Person," a natural person, a partnership, a private corporation, a public corporation, a
limited liability company, a municipality, an association, a cooperative whether
incorporated or not, a joint stock association, a business trust, any of the federal, state and
local governments, including any of their political subdivisions, agencies and
instrumentalities, or two or more persons having joint or common interest;
(12) "Public utility," any person operating, maintaining, or controlling in this state equipment
or facilities for the purpose of providing gas or electric service to or for the public in
whole or in part, in this state. However, the term does not apply to an electric or gas utility
owned by a municipality, political subdivision, or agency of the State of South Dakota or
any other state or a rural electric cooperative as defined in § 47-21-1 for the purposes of
§§ 49-34A-2 to 49-34A-4, inclusive, §§ 49-34A-6 to 49-34A-41, inclusive, and § 49-34A-62. The term, public utility, does apply to a rural electric cooperative which provides gas
service;
(13) "Rate," any compensation, charge and classification, or any of them demanded, observed,
charged, or collected by any public utility for any service and any rules, regulations,
practices, or contracts affecting any such compensation, charge or classification;
(14) "Securities," stock and stock certificates or other evidence of interest or ownership, and
bonds, notes or other evidence of indebtedness.
Section 2. That § 49-34A-13.1 be amended to read as follows:
49-34A-13.1. Any natural person, partnership, limited liability company, corporation, or political
subdivision individually or collectively may appear in person as an intervenor. However, such before
the commission and present comments regarding the proceeding or submit written comments to the
commission. The person shall fully and fairly make a full disclosure of identity, the interest of such
the person in the proceeding, and the position to be taken, and that the. The contentions of such the
person are reasonably pertinent shall be relevant to the issues already presented and the right to
broaden the issues is disclaimed in the proceeding. Any person appearing pursuant to this section
may not be is not afforded the status of a party to the proceedings proceeding unless the person has
been granted party status in accordance with applicable statutes and rules governing intervention in
proceedings before the commission.
Signed February 24, 2015
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CHAPTER 232
(SB 136)
Municipal taxes excluded
from the gross receipts of electric cooperatives.
ENTITLED, An Act to exclude certain municipal taxes from the gross receipts used to determine
the tax liability for customers served by electric cooperatives and electric utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-34A-45 be amended to read as follows:
49-34A-45. A rural electric cooperative serving less than a majority of customers in a
municipality which does not have a municipally owned system, may, at the option of the
municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to
exceed two percent of the total gross revenue collected by the rural electric cooperative for that year,
by the electric supplier and the governing body of the municipality. If the parties have not agreed on
the amount on or before May first following the calendar year from which the amount is to be paid,
the amount to be paid shall be two percent of the total gross revenue collected by the rural electric
cooperative from the sale of power distributed to structures and electric service outlets situated
within the municipality. The tax imposed by a municipality pursuant to this section may be passed
on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by
a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar
document is not considered gross receipts as defined in chapter 10-45, 10-46, or 10-52.
Section 2. That § 49-34A-46 be amended to read as follows:
49-34A-46. Any electric utility with facilities within the boundaries of a municipality, as they
exist from time to time, which has a municipally owned electric system serving over fifty percent
of the customers in the municipality, may, at the option of the municipality, pay to the municipality
an amount to be agreed upon by the electric supplier and the governing body of the municipality. If
the parties have not agreed on the amount on or before May first following the calendar year from
which the amount is to be paid, the amount to be paid shall be four percent of the total gross revenue
collected by the electric supplier from the sale of power delivered to structures and electric service
outlets situated within the municipality during the year for which the amount is paid. The tax
imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue
received by the electric utility from the tax imposed by a municipality pursuant to this section that
is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts
as defined in chapter 10-45, 10-46, or 10-52.
Section 3. That § 10-45-1.19 be amended to read as follows:
10-45-1.19. Notwithstanding any other provision of law, gross receipts as defined in this chapter
do not include any tax imposed by this chapter and chapters 10-45D, 10-52, and 10-52A, and §§ 49-34A-45 and 49-34A-46 that is separately stated on the invoice, bill of sale, or similar document given
to the purchaser.
Veto Overridden. Filed March 30, 2015
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CHAPTER 233
(HB 1120)
Public utility phase in rate plans for plant additions.
ENTITLED, An Act to revise the provisions related to phase in rate plans for plant additions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-34A-73 be amended to read as follows:
49-34A-73. Notwithstanding anything in this chapter to the contrary, an electric utility that is
subject to rate regulation by the commission and plans plant additions that are expected to have a
material impact on rates may make application to the commission for a phase in rate plan to provide
for the phase in of expected rate increases prior to the commercial operations of the resulting from
plant additions. The plan may provide for any of the following:
(1) Rate increases to be incrementally phased in prior to the commencement of commercial
operation of the plant additions;
(2) To the extent rate increases for plant additions are allowed prior to commercial operation,
restrictions on the capitalization of allowance for funds used during construction for the
plant additions;
(3) Restrictions on other rate increases; and
(4) Any other conditions which benefit the public interest and may be imposed by the
commission consistent with the findings in § 49-34A-74.
Section 2. That § 49-34A-74 be amended to read as follows:
49-34A-74. The commission may approve a phase in rate plan as provided in § 49-34A-73 if:
(1) The electric utility makes application for a phase in rate plan prior to the commencement
of construction or acquisition or during construction, or prior to acquisition of the plant
additions;
(2) The electric utility files with the application a full cost of service analysis as required for
general rate increases including a projection of costs and revenue requirements to the date
of the anticipated commercial operation of the plant additions or through the term of the
new power purchases;
(3) The commission affords an opportunity for a hearing with notice given as required for any
rate increase; and
(4) The commission finds that the phase in rate plan is likely to enhance adequate utility
service, rate stability, the financial stability of the electric utility, reasonable capital costs,
just and reasonable rates, a fair rate of return, and other considerations that benefit the
public interest.
Signed February 26, 2015
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\234.wpd
CHAPTER 234
(HB 1090)
Membership regulated
for a consumers power district board of directors.
ENTITLED, An Act to prohibit a person from serving as a member of a consumers power district
board of directors in certain cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-36-11 be amended to read as follows:
49-36-11. No person shall be is qualified to hold office as a member of the board of directors of
a consumers power district unless he or she shall be the person is a voter of such the district or, if
such the district be subdivided for election purposes as provided in this chapter, of the subdivision
of which he or she shall be the person is a voter. No person shall be is qualified to be a member of
more than one such district board. No person is qualified to serve as a member if the person's service
on the board would be inconsistent with the person's employment or financial interest.
Signed March 10, 2015
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CHAPTER 235
(HB 1038)
Energy facility siting.
ENTITLED, An Act to revise certain provisions related to the siting of energy facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-41B-2 be amended to read as follows:
49-41B-2. Terms as used in this chapter mean:
(1) "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly
connected to a transmission facility or a facility that connects an AC transmission facility
with a DC transmission facility or vice versa;
(2) "Associated facilities," facilities which include, aqueducts, diversion dams, transmission
substations of two hundred fifty kilovolts or more, storage ponds, reservoirs, or cooling
ponds;
(3) "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide
molecules compressed in a supercritical state;
(4) "Commission," the Public Utilities Commission;
(5) "Construction," any clearing of land, excavation, or other action that would affect the
environment of the site for each land or rights of way upon or over which a facility may
be constructed or modified, but not including activities incident to preliminary
engineering or environmental studies. This term includes modifications to facilities as
defined in § 49-41B-2.2;
(6) "Energy conversion facility," any new facility, or facility expansion, designed for or
capable of generation of one hundred megawatts or more of electricity, but does not
include any wind energy facilities;
(7) "Facility," any energy conversion facility, AC/DC conversion facility, transmission
facility, or wind energy facility, and associated facilities;
(8) "Permit," the permit issued by the commission under this chapter required for the
construction and operation of a facility;
(9) "Person," an individual, partnership, limited liability company, joint venture, private or
public corporation, association, firm, public service company, cooperative, political
subdivision, municipal corporation, government agency, public utility district, or any
other public or private entity, however organized;
(10) "Siting area," that area within ten miles in any direction of a proposed energy conversion
facility, AC/DC conversion facility, or which is determined by the commission to be
affected by a proposed energy conversion facility;
(11) "Trans-state transmission facility," an electric transmission line and its associated
facilities which originates outside the State of South Dakota, crosses this state and
terminates outside the State of South Dakota; and which transmission line and associated
facilities delivers electric power and energy of twenty-five percent or less of the design
capacity of such line and facilities for use in the State of South Dakota;
(12) "Utility," any person engaged in and controlling the generation or transmission of electric
energy and gas or liquid transmission facilities as defined by § 49-41B-2.1;
(13) "Wind energy facility," a new facility, or facility expansion, consisting of a commonly
managed integrated system of towers, wind turbine generators with blades, power
collection systems, and electric interconnection systems, that converts wind movement
into electricity and that is designed for or capable of generation of one hundred megawatts
or more of electricity. A wind energy facility expansion includes the addition of new wind
turbines, designed for or capable of generating twenty-five megawatts or more of
electricity, which are to be managed in common and integrated with existing turbines and
the combined megawatt capability of the existing and new turbines is one hundred
megawatts or more of electricity. The number of megawatts generated by a wind energy
facility is determined by adding the nameplate power generation capability of each wind
turbine.
Section 2. That § 49-41B-24 be amended to read as follows:
49-41B-24. Within twelve months of receipt of the initial application for a permit for the
construction of energy conversion facilities, AC/DC conversion facilities, substations of two hundred
fifty kilovolts or more, transmission lines of two hundred fifty kilovolts or more, or transmission
lines for coal, gas, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide or
transmission facilities, the commission shall make complete findings in rendering a decision
regarding whether a permit should be granted, denied, or granted upon such terms, conditions or
modifications of the construction, operation, or maintenance as the commission deems appropriate.
Section 3. That § 49-41B-25 be amended to read as follows:
49-41B-25. Within six months of receipt of the initial application for a permit for the
construction of a wind energy facility,
substation, or transmission line of less than two hundred fifty
kilovolts, the commission shall make complete findings, and render a decision, regarding whether
a permit should be granted, denied, or granted upon such terms, conditions
, or modifications of the
construction, operation
, or maintenance as the commission
may deem deems appropriate. In its
decision the commission must find that the construction of the facility meets all requirements of this
chapter. Notice of the commission's decision shall be given to the applicant and to parties to the
hearing within ten days following the decision.
Section 4. That § 49-41B-26 be amended to read as follows:
49-41B-26. The Public Utilities Commission commission shall provide the applicant with a full
financial accounting relating to the expenditures of the amount received pursuant to § 49-41B-12.
Unused Except for the eight thousand dollar minimum fee required pursuant to § 49-41B-12, unused
moneys shall be refunded to the applicant within thirty days of the commission's decision on said the
application.
Signed February 24, 2015
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CHAPTER 236
(HB 1039)
Regulation of grain buyers and grain warehouses.
ENTITLED, An Act to revise certain provisions related to the regulation of grain buyers and grain
warehouses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-45-11 be amended to read as follows:
49-45-11. All Each voluntary credit sales sale of grain entered into by a grain buyer shall be in
writing and shall have a settlement date. If a grain buyer meets the requirements set forth in § 57A-2-201(3)(d)(iii) when entering into a voluntary credit sale contract with a seller, the in writing
requirement is considered met. The commission may, by rules promulgated pursuant to chapter 1-26,
prescribe the form and content of such the writings. If a grain buyer's license is terminated or not
renewed, the grain buyer shall pay for grain subject to a voluntary credit sale within ten days after
the license expiration date.
Section 2. That § 49-45-28 be amended to read as follows:
49-45-28. If an applicant for a grain buyer license that is a wholly owned subsidiary of a parent
company submits the financial statements of the parent company, the parent company furnishing the
financial statements is responsible for all the financial obligations incurred by the licensed entity
related to the purchase and storage of grain, including any voluntary credit sale contract.
Section 3. That § 49-43-61 be amended to read as follows:
49-43-61. If an applicant for a warehouse license that is a wholly owned subsidiary of a parent
company submits the financial statements of the parent company, the parent company furnishing the
financial statements is responsible for all the financial obligations incurred by the licensed entity
related to the purchase and storage of grain, including any voluntary credit sale contract.
Signed February 24, 2015
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CHAPTER 237
(SB 131)
Regulation of stray electrical current and remediation.
ENTITLED, An Act to establish certain provisions regarding stray electrical current and voltage
remediation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Terms used in this Act mean:
(1) "Adequate remediation," corrective action by an electric utility that results in, and is
reasonably likely to sustain, a reduction of stray current or voltage attributable to the
electric utility's distribution system of fifty percent or less of the preventive action level;
(2) "Commission," the Public Utilities Commission;
(3) "Cow contact points," any two electrically conductive points that a dairy cow may, in its
normal environment, unavoidably and simultaneously contact;
(4) "Electric utility" or "utility," an electric utility as defined in § 49-34A-1;
(5) "Preventive action level," stray current or voltage that is either:
(a) A steady-state, root mean square (rms), alternating current (AC) of 2.0 milliamp
(mA) or more through a 500 ohm resistor connected between cow contact points,
as measured by a true rms meter; or
(b) A steady-state, rms, AC voltage of 1.0 volts or more, across (in parallel with) a 500
ohm resistor connected between cow contact points, as measured by a true rms
meter;
(6) "Steady-state," the value of a current or voltage after an amount of time where all
transients have decayed to a negligible value;
(7) "Stray current or voltage,":
(a) Any steady-state, 60 hertz (Hz) (including harmonics thereof), root mean square
(rms), alternating current (AC) of less than 20 milliamp (mA) through a 500 ohm
resistor connected between cow contact points, as measured by a true rms meter;
or
(b) Any steady-state, 60 Hz (including harmonics thereof), rms, AC voltage of less
than 10 volts, across (in parallel with) a 500 ohm resistor connected between cow
contact points, as measured by a true rms meter.
Section 2. Within twelve months of the effective date of this Act, the commission shall
promulgate rules, pursuant to chapter 1-26, concerning:
(1) Acceptable standards for measurements of stray voltage;
(2) Procedures and requirements for testing used to measure stray voltage;
(3) Responsibilities of dairy producers, including notice requirements and cooperation with
measuring and testing procedures conducted by electric utilities;
(4) Responsibilities of electric utilities, including response to notices from dairy producers;
(5) Tests used to detect and measure stray voltage;
(6) Qualifications of persons performing and analyzing results of stray voltage tests;
(7) Requirements for stray voltage measuring and recording equipment;
(8) Protocols for persons performing stray voltage tests; and
(9) Remediation guidelines.
The commission shall review the rules from time to time, or upon petition to the commission,
to ensure that the rules adopted by the commission to establish uniform procedures and protocols
continue to be the most scientifically and technologically accurate and reliable means of detecting
stray current or voltage. Any measurements of stray current or voltage not made in compliance with
commission rules shall be inadmissible before the commission or in any civil action. The
commission rules shall be applicable to dairy producers, electric utilities, and all persons or entities
involved in any way in the measurement or remediation of stray current or voltage in this state.
Section 3. Any dairy producer in this state who claims that the producer's dairy cows are being
affected by any form or type of electrical energy allegedly attributable to an electric utility including,
without limitation, stray current or voltage, shall, as a condition precedent to commencing any civil
action against the utility, provide written notice of the affect to the utility. The notice shall specify
why the dairy producer believes the producer's dairy cows are being affected by electrical energy
attributable to the utility. Within fourteen business days of receipt of the notice, the utility shall take
measurements at cow contact points at the dairy producer's dairy to identify the existence and
magnitude of stray current or voltage, if any. If the utility finds a level of stray current or voltage at
cow contact points in excess of the preventive action level, the utility shall promptly identify that
portion, if any, of the stray current or voltage that is attributable to the utility's distribution system.
If that portion of the stray current or voltage at cow contact points attributable to the utility's
distribution system exceeds fifty percent of the preventive action level, the utility shall, within seven
business days, commence and diligently pursue to completion, remedial procedures which shall
reduce, and are reasonably likely to sustain, that portion of the stray current or voltage at cow contact
points attributable to the utility's distribution system to fifty percent or less of the preventive action
level, unless extraordinary circumstances prevent the utility from commencing remedial action
within seven business days. In such case, the utility has an additional seven business days to
commence and pursue to completion remedial procedures.
Section 4. A dairy producer or utility may file a complaint with the commission claiming that
there has been a failure to comply with this Act. The commission has exclusive, initial jurisdiction
to determine:
(1) Whether the dairy producer has provided the requisite notice to the electric utility;
(2) Whether the dairy producer has cooperated with the electric utility to allow the utility to
complete measuring and testing;
(3) Whether a utility has complied with the commission rules regarding measurement of stray
current or voltage;
(4) Whether the utility's measurements demonstrated stray current or voltage at or above the
preventive action level;
(5) Whether the utility has properly identified that portion of the stray current or voltage at
cow contact points attributable to the utility's distribution system; and
(6) Whether the utility has complied with its remediation obligation under this Act.
After opportunity for hearing, the commission shall issue a decision finding whether this Act has
been complied with or not. If one or more provisions of this Act have not been complied with, the
commission shall order compliance within a period of time prescribed by the commission. The
commission shall assess its costs associated with the complaint equally between the dairy producer
and the utility.
Section 5. If, after hearing, the commission determines that a dairy producer made or pursued
a claim in bad faith or for purposes of harassment of the utility, the commission shall require the
dairy producer to pay the utility's actual costs of investigation. If, after hearing, the commission
determines that an electric utility acted in bad faith or for purposes of harassment or delay, the
commission shall require the utility to pay the dairy producer's actual costs of investigation, if any.
Section 6. No civil action may be commenced by a dairy producer against an electric utility
seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the
dairy producer has complied with the provisions of section 3 of this Act, and the commission has
issued an order pursuant to section 4 or 5 of this Act. In any civil action against a utility for damages
or other relief, after the dairy producer has complied with the provisions of section 3 of this Act, and
the commission has issued an order pursuant to section 4 or 5 of this Act, the commission's order is
admissible in evidence in such civil actions. The dairy producer may commence the civil action not
later than one year following the issuance of the commission's final order or one year following the
completion of any appeals of the commission's final order, whichever occurs later.
Section 7. In any civil action against an electric utility for damages pursuant to this Act, a dairy
producer is limited to those damages which were incurred by the dairy producer during that period
of time commencing twelve months prior to the dairy producer's provision of notice to the utility and
ending on the date of completion of adequate remediation, and were caused by that portion of the
stray current or voltage attributable to the utility's distribution system.
Section 8. Any claim against an electric utility for damages due to stray current or voltage is
limited to a claim of negligence, including in the case of a prior determination of the commission
pursuant to section 4 or 5 of this Act, negligence per se. In determining whether the utility was
negligent, the utility's conduct shall be judged using the commission rules.
Signed March 13, 2015
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AVIATION
_______________
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CHAPTER 238
(HB 1098)
Extended terms authorized for leases of airport facilities.
ENTITLED, An Act to authorize extended terms of lease for airport facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 50-7-3 be amended to read as follows:
50-7-3. Any governmental agency may lease an airport or any portion of an airport or any airport
facility for operating purposes to any person or corporation upon terms and conditions for a term of
not to exceed twenty-five fifty years as the governing body may approve. No governmental agency
nor the governing agency is liable 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.
Signed February 24, 2015
_______________
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BANKS AND BANKING
_______________
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CHAPTER 239
(HB 1025)
Banks and banking oversight updated.
ENTITLED, An Act to revise certain provisions regarding banks and banking.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 51A-3-4 be amended to read as follows:
51A-3-4. The total capital of every bank each newly organized after July 1, 1982 bank shall be
in such an amount as the commission considers director determines adequate provided that the total
capital required be at least six percent of the total projected assets of the bank during its first three
years of operation.
Section 2. That § 51A-4-20.4 be amended to read as follows:
51A-4-20.4. A bank may make investments designed primarily to promote the public welfare,
including the welfare of low and moderate income communities or families. A bank may make such
investments directly or by purchasing interests in an entity primarily engaged in making such
investments. No bank may make any such investment if the investment would expose the bank to
unlimited liability. The
commission director shall limit a bank's investments in any one project and
a bank's aggregate investments under this section. A bank's aggregate investments under this section
may not exceed an amount equal to the sum of five percent of the bank's capital, surplus, and
undivided profits, unless the
commission director determines by order that the higher amount will
not pose a significant risk to the bank and the bank is adequately capitalized. In no case may a bank's
aggregate investments under this section exceed an amount equal to the sum of ten percent of the
bank's capital stock actually paid in and unimpaired and ten percent of the bank's unimpaired surplus
fund.
Section 3. That § 51A-4-44 be amended to read as follows:
51A-4-44. Terms used in § 51A-4-45 mean:
(1) "Financial institution," a National Banking Association, Federal Savings and Loan
Association having its main office in this state, or a bank, savings bank, or savings and
loan association established and operated under the laws of this state;
(2) "Services," receiving deposits, renewing time deposits, closing loans, servicing loans, and
receiving payments on loans and other obligations.
Section 4. That § 51A-4-45 be amended to read as follows:
51A-4-45. Unless prohibited by another provision of statute, a financial institution, known as the
customer institution, may contract with another financial institution, known as the service institution,
to grant the service institution the authority to render services to the depositors, borrowers, or other
customers of the customer institution, after notice of the proposed contract is given to the director
of the State Banking Commission and the director does not object to the contract within thirty days
of the notice. A contract may include authority to conduct transactions at or through any principal
office, branch, or detached facility of either financial institution which is party to the contract. For
the purposes of this section, the service institution is not considered a branch of the customer
institution. Nothing in this section or § 51A-4-44 may be construed to apply to any loan production
office as defined in subdivision 51A-1-2(18).
Section 5. That § 51A-5-21 be amended to read as follows:
51A-5-21. Any fiduciary holding securities in its fiduciary capacity, any bank or trust company
holding securities as a custodian or managing agent, and any bank or trust company holding
securities as custodian for a fiduciary is authorized to deposit or arrange for the deposit of the
securities in a clearing corporation, as defined in subdivision 57A-8-102(3) 57A-8-102(5).
Section 6. That § 51A-6A-26 be amended to read as follows:
51A-6A-26. In accordance with normal business considerations and upon approval of owners
owning two-thirds of the voting stock or ownership units of the trust company, the trust company
may issue convertible or nonconvertible capital notes or debentures in such amounts and under such
pursuant to terms and conditions as approved by the commission director. However, the principal
amount of capital notes or debentures outstanding at any time may not exceed an amount equal to
one hundred percent of the trust company's paid-in capital stock or ownership units plus fifty percent
of the amount of its unimpaired surplus fund. Capital notes or debentures that are by their terms
expressly subordinated to the prior payment in full of all liabilities of the trust company are part of
the unimpaired capital funds of the trust company.
Section 7. That § 51A-6A-43 be amended to read as follows:
51A-6A-43. The owners of any insolvent trust company and its creditors may formulate a plan
for the reorganization of the trust company while the trust company is in the charge of the director
or a special assistant or a receiver at any time before a dividend has been paid. The creditors of the
insolvent trust company may formulate a plan for the reorganization of the trust company. If the plan
is subscribed to in writing by creditors having not less than eighty percent of the known claims
against the trust company, the commission approves the plan, and a copy of the plan is filed with the
director, and the director approves the plan, the plan is legal, valid, and binding upon all creditors
of the insolvent trust company to the same extent and with the same effect as if all of the creditors
had joined in the execution of the plan.
Section 8. That § 51A-14-5 be amended to read as follows:
51A-14-5. If a bank has been merged or consolidated with another bank or its the bank's assets
have been purchased and its the bank's liabilities assumed by another bank, in any instance other than
an emergency, within thirty days thereafter, the directors of such the bank shall institute proceedings
to legally dissolve its the bank's charter in the same manner as provided for voluntary liquidation in
chapter 51A-15; provided that. However, no notice need be given pursuant to § 51A-5-3 § 51A-15-3.
Approval by the commission director of the merger, consolidation, or purchase of assets and
assumption of liabilities constitutes approval of the voluntary liquidation as provided in § 51A-15-1,
but such. However, the approval is subject to approval of the proposal to liquidate and dissolve by
a vote of two-thirds of the outstanding stock of the liquidating bank at a meeting called for the
purpose of considering such action.
Section 9. That § 51A-15-11 be amended to read as follows:
51A-15-11. After a hearing with three days' oral or written notice to a majority of the members
of the board of directors, the director may, with the consent of a majority of the members of the
commission, suspend all activities and take possession of the business and property of a bank
whenever he if the director finds:
(1) Its The bank's capital is impaired or it the bank is otherwise in an unsound condition;
(2) Its The bank's business is being conducted in an unlawful or unsound manner;
(3) It The bank is unable to continue normal operations;
(4) Its examination has been obstructed or impeded The bank refuses to permit, obstructs, or
impedes an examination as provided in § 51A-2-18;
(5) It The bank places its affairs and assets under his the control of the director;
(6) A parent corporation refuses to permit, obstructs, or impedes an examination as provided
in § 51A-2-37;
(7) It The bank is insolvent; or
(8)
Its The bank's insurance has been terminated pursuant to an action initiated by the Federal
Deposit Insurance Corporation under 12 U.S.C. § 1818(a), as
amended of January 1,
2015.
Section 10. That § 51A-15-14 be amended to read as follows:
51A-15-14. The director shall suspend the activities and take possession pursuant to § 51A-15-11
or 51A-15-21 by posting upon the premises a notice reciting that all activities shall be suspended and
that the director is assuming possession pursuant to this chapter and the time, not earlier than the
posting of the notice, when the director's possession shall be is deemed to commence. The notice
shall also be filed in the circuit court for the county in which the bank is located posted to the
division's website. The director shall notify the appropriate federal reserve bank of the district of
taking an action to take possession of any bank which is a member of the federal reserve system.
Signed February 9, 2015
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\240.wpd
CHAPTER 240
(HB 1051)
Trust and trust company revisions.
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-1 be amended to read as follows:
51A-6A-1. Terms used in this chapter mean:
(1) "Articles," in the case of a corporation, articles of incorporation; in the case of a limited
liability company, articles of organization;
(2) "Board member," in the case of a corporation, a director; in the case of a limited liability
company, a member of the board of managers if manager-managed or board of members
if member-managed;
(3) "Client," an individual, corporation, association, or other legal entity receiving or
benefitting from fiduciary services provided by a trust company or bank;
(4) "Commission," the State Banking Commission;
(5) "Contracting trustee," any trust company which accepts or succeeds to any fiduciary
responsibility in any manner provided in this chapter;
(6) "Control," the power, directly or indirectly, to direct the management or policies of a trust
company or to vote twenty-five percent or more of any class of voting shares of a trust
company;
(7)(6) "Director," the director of the Division of Banking;
(7A)(7) "Fiduciary for hire," acting as a an administrator, conservator, custodian, executor,
guardian, personal representative, or trustee, for any person, trust, or estate for
compensation or gain or in anticipation of compensation or gain;
(8) "Financial institution," any bank, national banking association, savings and loan
association, or savings bank which has its principal place of business in this state but
which does not have trust powers, or which has trust powers, but does not exercise those
trust powers;
(9) "Governing board," in the case of a corporation, the board of directors; in the case of a
limited liability company, the board of managers if manager-managed or board of
members if member-managed;
(10) "Originating trustee," any trust company, bank, national banking association, savings and
loan association, or savings bank which has trust powers and its principal place of
business in this state and which places or transfers any fiduciary responsibility to a
contracting trustee in the manner provided in this chapter;
(10.1)(10A) "Out-of-state trust institution," a nondepository corporation, limited liability
company, or other similar entity chartered or licensed by the banking regulatory
agency of a state, territory, or district, other than South Dakota, to engage in the
trust company business in that state, territory, or district under the primary
supervision of such regulator.
(11) "Owner," in the case of a corporation, a common stockholder; in the case of a limited
liability company, a person who owns ownership units;
(12) "Person," an individual or a corporation, partnership, trust, association, joint venture,
pool, syndicate, sole proprietorship, or any other form of an entity;
(12A) "Public trust company," a trust company that engages in trust company business with the
general public by advertising, solicitation, or other means, or a trust company that engages
in trust company business but does not fall within the definition of a private trust
company established by the commission through rules promulgated pursuant to chapter
1-26. The commission shall consider the size, number of clients served and the family and
other relationships among the clients served, complexity, and related safety and soundness
issues as it establishes in rule a definition for the term private trust company;
(13) "Trust company," a nondepository trust company incorporated or organized under the
laws of this state engaged in the trust company business, and any national bank which has
its main office in this state, and which has as its sole purpose the conduct of trust
business;
(14) "Trust company business," engaging in, or representing or offering to engage in, the
business of acting as a fiduciary for hire, except that no accountant, attorney, credit union,
insurance broker, insurance company, investment advisor, real estate broker or sales
agent, savings and loan association, savings bank, securities broker or dealer, real estate
title insurance company, or real estate escrow company may be deemed to be engaged in
a trust company business with respect to fiduciary services customarily performed by
them for compensation as a traditional incident to their regular business activities. Trust
company business as defined in this chapter does not constitute banking as defined in
subdivision 51A-1-2(4), and may not be construed as banking for purposes of § 47-34-5;
(15) "Trust service office," any office, agency, or other place of business at which the powers
granted to trust companies are exercised either by a trust company other than the place of
business specified in a trust company's certificate of authority or within this state by an
out-of-state trust institution.
Section 2. That § 51A-6A-2 be amended to read as follows:
51A-6A-2. For the purposes of this chapter, confidential information includes the names of
stockholders or owners, ownership information, capital contributions, addresses, business
affiliations, state and commission findings through any examination or inquiry of any kind, and any
information required to be reported or filed with the director or the commission, and any information
or agreement relating to any merger, consolidation, or transfer, and any agreements or information
relating to any relationship with a contracting trustee.
Section 3. That § 51A-6A-11.1 be amended to read as follows:
51A-6A-11.1. A public trust company shall:
(1) Maintain office space in South Dakota for trust company business and for the storage of,
and access to, trust company records required by § 51A-6A-30;
(2) Hold no less than two governing board meetings with a quorum majority physically
present in South Dakota annually;
(3) Employ, engage, or contract with at least one trust officer or key employee to provide
services for the trust company in South Dakota related to the powers of the company in
§ 51A-6A-29 and to facilitate the examinations required by § 51A-6A-31; and
(4) Perform trust administration in South Dakota.
Each public trust company chartered in South Dakota prior to July 1, 2012, shall meet the
requirements of this section no later than July 1, 2015, unless the director grants an extension of up
to twenty-four months upon a showing of good faith effort. A public trust company seeking an
extension of time shall include in its application to the director the reasons for any delay and a
detailed time line for expected compliance with this section.
The commission may promulgate rules
, pursuant to chapter 1-26
, to establish additional
guidelines regarding what constitutes trust administration in South Dakota for purposes of this
section.
Section 4. That § 51A-6A-13 be amended to read as follows:
51A-6A-13. The business of any trust company shall be managed and controlled by its governing
board and includes the authority to provide for bonus payments, in addition to ordinary
compensation, for any of its officers and employees. The governing board of a private trust company
shall consist of not less than three nor more than twelve members, all of whom shall be elected by
the owners of the trust company at any regular annual meeting, with terms not to exceed three years.
The governing board of a public trust company shall consist of not less than five nor more than
twelve members, all of whom shall be elected by the owners of the trust company at any regular
meeting held during each calendar year. If the number of board members elected is less than twelve,
the number of board members may be increased so long as the total number does not exceed twelve.
If the number is increased, the first additional board members may be elected at a special meeting
of the owners. The board members shall be elected and any vacancies filled in the manner as
provided in the provisions regarding general corporations or limited liability companies, as
applicable. At all times one of the directors shall be a resident of this state and at least one-half of
the directors shall be citizens of the United States. Any board member of any trust company who
becomes indebted to the trust company on any judgment forfeits the position of board member, and
the vacancy shall be filled as provided by law.
A public trust company chartered in South Dakota prior to July 1, 2011, if currently operating
with less than five members of its governing board, shall supply evidence of compliance with this
section at the same time the report of condition and fees are due as provided in § 51A-6A-34 and
ARSD 20:07:22:02 for calendar year 2011.
Section 5. That § 51A-6A-19.2 be amended to read as follows:
51A-6A-19.2. Any Before any trust company authorized by this title, shall, before transacting
transacts any such business, the trust company shall pledge to the division and maintain at all times
investments for the security of the trust creditors of the trust company including as a priority claim
costs incurred by the division in a receivership or liquidation of the trust company in the event it
should fail. The amount of the pledge shall be determined by the director in an amount deemed
appropriate to defray such costs, but may not be less than a market value of one hundred thousand
dollars, and may not exceed five hundred thousand dollars for a private trust company or one million
dollars for a public trust company. All investments pledged to the division shall be held at a
depository institution in this state and all costs associated with pledging and holding such
investments are the responsibility of the trust company.
The investments pledged to the division shall be of the same nature and quality as those required
for public funds as provided in §§ 4-5-6
and, 4-5-6.1
, and 4-5-6.2.
The commission may promulgate rules
, pursuant to chapter 1-26
, to establish additional
investment guidelines or investment options for purposes of the pledge required by this section.
In the event of a receivership of a trust company, the director may, without regard to priorities,
preferences, or adverse claims, reduce the pledged investments to cash and, as soon as practicable,
utilize the cash to defray the costs associated with the receivership.
Income from such investments shall belong to and be paid to the trust company as long as it
continues to conduct its business in the ordinary course and so long as authorized by the director.
The proposed effective date of an order requiring an existing trust company to increase its pledge
shall be stated in the order as on or after the thirty-first day after the date of the proposed order.
Unless the trust company requests a hearing before the commission in writing before the effective
date of the proposed order, the order becomes effective and is final. Any hearing before the
commission shall be held pursuant to chapter 1-26.
Section 6. That § 51A-6A-27 be amended to read as follows:
51A-6A-27. No trust company, during the time it continues in business, may permit to be
withdrawn, in the form of dividends, any portion of its capital required pursuant to § 51A-6A-19.
The current dividends of any trust company shall be paid from undivided profits after deducting
losses, to be ascertained by generally accepted accounting principals principles at the time of making
the dividend.
Section 7. That § 51A-6A-46.2 be amended to read as follows:
51A-6A-46.2. The provisions of §§ 51A-6A-2 and 51A-6A-39 do not apply to the disclosure of
information by the director or the commission in connection with the institution and prosecution of
an action against an individual pursuant to the provisions of § 51A-2-22 or against a trust company
under pursuant to the provisions of §§ 51A-15-11 to 51A-15-44, inclusive, or 51A-2-25 to 51A-2-27,
inclusive, or 51A-6A-35 to 51A-6A-46, inclusive. Disclosure of confidential information may be
made only to formal governmental regulatory bodies which have a need for the confidential
information.
Section 8. That chapter 51A-6A be amended by adding thereto a NEW SECTION to read as
follows:
If a trust company has been acquired, merged, or consolidated with another trust company or
financial institution, or its assets have been purchased and its liabilities assumed by another trust
company or financial institution, in any instance other than an emergency, within thirty days
thereafter, the directors of the trust company shall institute proceedings to legally dissolve its charter
in the same manner as provided for voluntary liquidation in chapter 51A-15. However, no notice
need be given pursuant to § 51A-15-3.
Section 9. That § 55-1-12 be amended to read as follows:
55-1-12. The person whose confidence creates a trust is called the trustor; the person in whom
the confidence is reposed is called the trustee; and the person for whose benefit the trust is created
is called the beneficiary.
As used in this title, except as specifically provided in chapters 55-13 and
55-13A, the term, beneficiary, means a person that has a present or future beneficial interest in a
trust, vested or contingent. A person is not a beneficiary solely by reason of holding a power of
appointment. As used in this section, the term, person, has the meaning set forth in § 55-4-1.
Section 10. That § 55-1-24 be amended to read as follows:
55-1-24. Terms used in §§ 55-1-24 to 55-1-45, inclusive, mean:
(1) "Beneficial interest," is limited to mean a distribution interest or a remainder interest. A
beneficial interest specifically excludes a power of appointment or a power reserved by
the settlor;
(2) "Beneficiary," a person that has a present or future beneficial interest in a trust, vested or
contingent. The holder of a power of appointment is not a beneficiary;
(3) "Distribution beneficiary," a beneficiary who is an eligible distributee or permissible
distributee of trust income or principal;
(4)(3) "Distribution interest," a distribution interest held by a distribution beneficiary. A
distribution interest may be a current distribution interest or a future distribution interest.
A distribution interest may be classified as a mandatory interest, a support interest, or a
discretionary interest;
(5)(4) "Power of appointment," an inter-vivos or testamentary power to direct the disposition of
trust property, other than a distribution decision by a trustee to a beneficiary. Powers of
appointment are held by a person to whom a power has been given, not the settlor;
(6)(5) "Reach," with respect to a distribution interest or power, to subject the distribution interest
or power to a judgment, decree, garnishment, attachment, execution, levy, creditor's bill
or other legal, equitable, or administrative process, relief, or control of any court, tribunal,
agency, or other entity as provided by law;
(7)(6) "Remainder interest," an interest where a trust beneficiary will receive receives the
property outright at some time during the future;
(8)(7) "Reserved power," a power held by the settlor.
Section 11. That § 55-1-25 be amended to read as follows:
55-1-25. The common law distinction between a discretionary trust and a support trust and the
dual judicial review standards related to this distinction shall be maintained. In the area of creditor
rights, the Restatement of Trusts (Third) and the Uniform Trust Code creates create many new
positions of law as well as adopts many minority positions of law. Sections The provisions of §§ 55-1-24 to 55-1-43, inclusive, affirmatively reject many of these positions. Therefore, the Legislature
does not intend the courts to consult the Restatement (Third) of the Law of Trusts Articles § 50, § 56,
§ 58, § 59, or § 60 as approved by the American Law Institute of or Uniform Trust Code Article 5
and Section 814(a) as approved by the National Conference of Commissioners on Uniform State
Laws in 2004 with respect to subject matters addressed by the provisions of §§ 55-1-24 to 55-1-43,
inclusive.
Section 12. That § 55-1-36 be amended to read as follows:
55-1-36. If a settlor is also a beneficiary of the trust, and the transfer is a qualified transfer under
pursuant to chapter 55-16, the provisions of §§ 55-1-24 to 55-1-43, inclusive, also apply. Conversely,
if the settlor is a beneficiary of the trust and the transfer is not a qualified transfer under pursuant to
chapter 55-16, a provision restraining the voluntary or involuntary transfer of the settlor's beneficial
interest does not prevent the settlor's creditors from satisfying claims from the settlor's interest in the
trust estate. However, regardless of whether the transfer is a qualified transfer under chapter 55-16,
a settlor's creditors may not satisfy claims from either assets of the trust because of the existence of
a discretionary power granted to the trustee by the terms of the trust instrument creating the trust, or
any other provisions of law, to pay directly to the taxing authorities or to reimburse the settlor for
any tax on trust income or principal which is payable by the settlor under the law imposing such tax;
or reimbursements made to the settlor or direct tax payments made to a taxing authority for the
settlor's benefit for any tax or trust income or principal which is payable by the trustor under the law
imposing such tax.
Section 13. That chapter 55-1 be amended by adding thereto a NEW SECTION to read as
follows:
Regardless of whether the transfer is a qualified transfer pursuant to chapter 55-16, a settlor's
creditors may not satisfy claims from either assets of the trust because of the existence of a
discretionary power granted to the trustee by the terms of the trust instrument creating the trust, or
any other provisions of law, to pay directly to the taxing authorities or to reimburse the settlor for
any tax on trust income or principal which is payable by the settlor under the law imposing the tax.
No reimbursement may be made to the settlor or direct tax payment made to a taxing authority for
the settlor's benefit for any tax or trust income or principal which is payable by the trustor under the
law imposing the tax.
Section 14. That chapter 55-1 be amended by adding thereto a NEW SECTION to read as
follows:
The terms of a governing instrument may expand, restrict, eliminate, or otherwise vary any
provisions of general application to trusts and trust administration. Nothing in this section allows the
terms of the governing instrument to expand, restrict, eliminate, or otherwise vary the duties,
restrictions, and liabilities imposed by the provisions of §§ 55-4-10 to 55-4-12, inclusive.
Section 15. That chapter 55-1 be amended by adding thereto a NEW SECTION to read as
follows:
In addition to the trustee's power to submit to an arbitration claim in favor of or against a trust
or trustee as set forth in § 55-1A-25, a provision in a trust requiring the arbitration of a dispute
between or among the beneficiaries, a fiduciary under the will or trust, or any combination of them,
is enforceable pursuant to the provisions of chapter 21-25A. Unless otherwise provided in the
governing instrument or a court order, the arbitration shall be held in this state. Notwithstanding the
foregoing, a challenge to the validity of all or part of the trust is not subject to arbitration. Any
proceeding pursuant to this section is subject, upon request by the acting trustee, the trustor, if living,
or any beneficiary, to the privacy protections of § 21-22-28. The arbitrator shall grant the request,
if made.
Section 16. 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 those 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:
(i) 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;or
(ii) The directed trustee is acting at the direction of an investment trust advisor pursuant to
chapter 55-1B.
(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.
(e) If the recipients of information regarding the trust's existence have been restricted, eliminated,
or modified pursuant to § 55-2-13, then the notification described in subsection (c) is subject to such
restriction, modification, or elimination.
Section 17. That § 55-3-20.1 be amended to read as follows:
55-3-20.1. In addition to other remedies available by law and procedures or powers set out in a
trust instrument, the settlor, or the settlor's agent, a trust protector, a cotrustee, or a qualified
beneficiary as defined in § 55-2-13, may request the court to remove a trustee, or a trustee may be
removed by the court on the court's own initiative.
In addition to the powers otherwise granted the court, the court may remove a trustee if:
(1) The trustee has committed commits a serious breach of trust;
(2) Lack of cooperation among cotrustees substantially impairs the administration of the trust;
(3) Because of unfitness, unwillingness, persistent failure of the trustee to administer the trust
effectively, the court determines that removal of the trustee best serves the interests of the
beneficiaries;
(4) There has been is a substantial change of circumstances or removal is requested by all of
the qualified beneficiaries, the court finds that removal of the trustee best serves the
interests of all of the beneficiaries and is not inconsistent with a material purpose of the
trust, and a suitable cotrustee or successor trustee is available; or
(5) If the trustee merges with another institution or the location or place of administration of
the trust changes, and the court finds that removal of the trustee best serves the interests
of all of the beneficiaries, and a suitable cotrustee or successor trustee is available.
Pending a final decision on a request to remove a trustee, the court may order such appropriate
relief as may be necessary to protect the trust property or the interests of the beneficiaries.
Section 18. That § 55-3-27 be amended to read as follows:
55-3-27. Except as otherwise provided by the terms of the trust, if the value of the trust property
of a noncharitable trust is less than fifty one hundred fifty thousand dollars, the trustee may terminate
the trust. On petition by a trustee or beneficiary, the court may modify or terminate a noncharitable
trust or appoint a new trustee if it determines that the value of the trust property is insufficient to
justify the cost of administration involved. Upon termination of a trust under pursuant to this section,
the trustee shall distribute the trust property in accordance with the trustor's probable intention. The
existence of spendthrift or similar protective provisions in a trust does not make this section
inapplicable. The court, when considering the termination of a trust containing spendthrift or similar
protective provisions, shall consider the feasibility of appointing a new trustee to continue the trust.
Section 19. That § 55-4-1 be amended to read as follows:
55-4-1. Terms used in this chapter mean:
(1) "Affiliate," any person directly or indirectly controlling or controlled by another person,
or any person under direct or indirect common control with another person. It includes
any person with whom a trustee has an express or implied agreement regarding the
purchase of trust investments by each from the other, directly or indirectly, except a
broker or stock exchange;
(2) "Person," an individual, a corporation, a partnership, a limited liability company, an
association, a joint stock company, a business trust, a trust, an unincorporated
organization, or two or more persons having a joint or common interest;
(3) "Relative," a spouse, ancestor, descendant, brother, or sister;
(4) "Trust," an express trust only;
(5) "Trustee," includes trustees, a corporate as well as a natural person and a successor or
substitute trustee.
Section 20. That § 55-16-1 be amended to read as follows:
55-16-1. Terms used in this chapter mean:
(1) "Claim," a right to payment, whether or not the right is reduced to judgment liquidated,
unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal,
equitable, secured, or unsecured;
(2) "Creditor," with respect to a transferor, a person who has a claim;
(3) "Debt," liability on a claim;
(4) "Disposition," a transfer, conveyance, or assignment of property, including a change in
the legal ownership of property occurring upon the substitution of one trustee for another
or the addition of one or more new trustees, or the exercise of a power so as to cause a
transfer of property to a trustee or trustees. The term does not include the release or
relinquishment of an interest in property that theretofore was the subject of a qualified
disposition;
(5) "Property," real property, personal property, and interests in real or personal property;
(6) "Qualified disposition," a disposition by or from a transferor to a qualified person or
qualified persons, with or without consideration, by means of a trust instrument;
(7) "Spouse" and "former spouse," only persons to whom the transferor was married at, or
before, the time the qualified disposition is made;
(8) "Transferor," any person as an owner of property; as a holder of a power of appointment
which authorizes the holder to appoint in favor of the holder, the holder's creditors, the
holder's estate, or the creditors of the holder's estate; or as a trustee, directly or indirectly,
makes a disposition or causes a disposition to be made.
The terms, transferor and beneficiary, may be any person as defined in subdivision 55-4-1(2).
Section 21. 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 if the creditor or
claimant demonstrates a previously asserted specific claim 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;
(5) "Supervision," the supervision of the circuit court over the administration of a trust as
provided in this chapter;
(6) "Trustee," the trustee or trustees of any trust which may be supervised under this chapter.
Section 22. 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 a fiduciary,
the trustor, or any beneficiary under such court trust, if the fiduciary, trustor, or beneficiary considers
court supervision unnecessary or impractical and involving unnecessary burden and expense, may
petition the court to dispense with the supervision. Upon the petition being filed, the court 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 pursuant to this chapter. Upon the hearing the supervision may
not be dispensed with if any fiduciary, trustor, or any beneficiary with a substantial interest in the
trust objects to dispensing therewith. If there is no objection and the court is satisfied that supervision
is impractical or unnecessary and would involve unnecessary burden and expense, an order may be
entered dispensing with the supervision.
Section 23. 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 fiduciary, trustor, or beneficiary may petition for a resumption of the
supervision in which event the court shall, upon notice as provided in pursuant to this chapter,
conduct a hearing and the supervision shall be resumed unless good cause to the contrary is shown.
Section 24. That § 21-22-9 be amended to read as follows:
21-22-9. Any fiduciary, trustor, 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 the petition being filed, the court shall fix a time and place for hearing
thereon, unless the conditions of § 21-22-21 have been met, cause notice and a hearing are waived
in writing by all fiduciaries and beneficiaries, and notice to shall be given as provided by pursuant
to this chapter, and, upon such hearing, 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 fiduciary, trustor, 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. The court shall make
such order or approving the relief requested by the petition, give such directions to the a fiduciary
as the court shall determine, or resolve objections filed by an interested party pursuant to § 21-22-16.
Section 25. That § 21-22-13 be amended to read as follows:
21-22-13. Any The trustor, a fiduciary, or a 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 a fiduciary, the exercise of any discretion
vested in a fiduciary, and as to any matter as to which courts of equity have heretofore exercised
jurisdiction over fiduciaries. Upon the filing of 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 the hearing the court shall make such order or, give such directions to the
trustee a fiduciary as the court shall determine, or resolve objections filed by an interested party
pursuant to § 21-22-16.
Section 26. That § 21-22-16 be amended to read as follows:
21-22-16. If any objections are made to any report filed by the trustee, the court may order that
such objections be filed in writing and may adjourn the hearing to a specified time and place
objection is made to any report or petition filed by a fiduciary or beneficiary, the objection shall be
filed in writing and be made at or prior to the hearing on the report or petition. If the initial hearing
does not resolve all objections, the court shall adjourn the hearing to a specified time and place to
resolve all issues of fact and all issues of law. Following the initial hearing, the court may enter any
order it deems appropriate, which order may:
(1) Resolve any issues the court deems proper if all matters included in the petition, which
are not objected to at the initial hearing, are approved;
(2) Determine the scope of discovery; and
(3) Set a schedule for further proceedings for the prompt resolution of the matter.
Section 27. That chapter 21-22 be amended by adding thereto a NEW SECTION to read as
follows:
A proceeding brought pursuant to this chapter is considered an action for purposes of title 15.
Unless specifically provided to the contrary in this chapter or unless inconsistent with its provisions,
the rules of civil procedure, including the rules concerning vacation of orders and appellate review,
apply to all trusts governed by this chapter.
Signed February 26, 2015
_______________
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CHAPTER 241
(HB 1028)
Money transmitters and money transmissions oversight.
ENTITLED, An Act to revise certain provisions regarding money transmitters and money
transmissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 51A-17-1 be amended by adding thereto a NEW SUBDIVISION to read as
follows:
"Nationwide mortgage licensing system and registry," a licensing system developed and
maintained by the Conference of State Bank Supervisors and the American Association of
Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan
originators and other regulated entities;
Section 2. That § 51A-17-20 be amended to read as follows:
51A-17-20. To renew a license, the licensee shall file a renewal report by June first. A licensee
that has not filed a renewal report or paid its renewal fee by June first and has not been granted an
extension of time to do so by the director, shall have its license suspended immediately. The licensee
in such case has thirty days after its license is suspended in which to file a renewal report and pay
the renewal fee, plus one hundred dollars for each business day after suspension that the director
does not receive the renewal report and the renewal fee. The director, for good cause, may grant an
extension of the renewal date or reduce or suspend the late filing fee. Any license not renewed prior
to July first expires. Any application for renewal of a license pursuant to the provisions of this
chapter shall be filed with the director by December first and shall be accompanied by a fee and
report as required pursuant to the provisions of § 51A-17-19. Any licensee that files for renewal after
December first and before January first of the next calendar year shall pay a late fee in addition to
the renewal fee. The late fee shall equal twenty-five percent of the renewal fee. If the application for
renewal of a license is filed after December thirty-first, no license may be issued unless an
application is filed pursuant to the provisions of § 51A-17-12.
Any money transmission license issued pursuant to the provisions of chapter 51A-17 that is set
to expire on July 1, 2015, is extended until December 31, 2015.
Section 3. That § 51A-17-4 be amended to read as follows:
51A-17-4. No person, except those a person who is exempt pursuant to the provisions of § 51A-17-3, may engage in the business of money transmission in this state without obtaining a license as
provided in this chapter and undergoing a criminal background investigation through the division.
A person is engaged in providing money transmission if the person provides those services to
residents of South Dakota, even if such person has no physical presence in South Dakota. Any
person may be licensed and maintain a unique identifier through the nationwide mortgage licensing
system and registry.
Section 4. That chapter 51A-17 be amended by adding thereto a NEW SECTION to read as
follows:
The director may use the nationwide mortgage licensing system and registry as a channeling
agent for requesting and distributing information to and from other state and federal regulatory
officials or agencies with money transmission industry oversight authority as deemed necessary by
the director to carry out the responsibilities of this chapter.
Section 5. That chapter 51A-17 be amended by adding thereto a NEW SECTION to read as
follows:
The director may establish a relationship or enter into a contract with the nationwide mortgage
licensing system and registry or an entity designated by the nationwide mortgage licensing system
and registry to collect and maintain records and process transaction fees or other fees related to any
licensee or person subject to the provisions of this chapter.
Section 6. That chapter 51A-17 be amended by adding thereto a NEW SECTION to read as
follows:
The following provisions apply to the sharing of information collected and retained by the
director during the administration of this chapter:
(1) The provisions of § 51A-17-30 regarding privacy or confidentiality apply to any
information or material provided to the nationwide mortgage licensing system and
registry, and any privilege arising under federal or state law, including any rule of a
federal or state court, with respect to the information or material, continue to apply to the
information or material after the information or material has been disclosed to the
nationwide mortgage licensing system and registry. The information and material may be
shared with a state or federal regulatory official who has money transmission industry
oversight authority without the loss of privilege or the loss of confidentiality protections
by federal law or § 51A-17-30; and
(2) No information or material that is subject to privilege or confidentiality pursuant to this
section is subject to:
(a) Disclosure under any federal or state law governing the disclosure to the public of
information held by an officer or an agency of the federal government or the
respective state; or
(b) Subpoena or discovery, or admission into evidence, in any private civil action or
administrative process, unless with respect to any privilege held by the nationwide
mortgage licensing system and registry regarding the information or material is
waived, in whole or in part, by the person to whom the information or material
pertains.
This section does not apply to the information or material relating to the employment history of,
and publicly adjudicated disciplinary and enforcement actions against, money transmitters that is
included in the nationwide mortgage licensing system and registry for access by the public.
Signed February 9, 2015
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DEBTOR AND CREDITOR
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CHAPTER 242
(HB 1027)
Money lending activity, regulation revised.
ENTITLED, An Act to revise certain provisions regarding the regulation of certain money lending
activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-4-36 be amended to read as follows:
54-4-36. Terms used in this chapter mean:
(1) "Advertisement," a commercial message in any medium that aids, promotes, or assists,
directly or indirectly, the sale of products or services;
(2) "Business of lending money," includes originating, selling, servicing, acquiring, or
purchasing loans, or servicing, acquiring, or purchasing retail installment contracts;
(3) "Commission," the State Banking Commission;
(3)(4) "Director," the director of the Division of Banking of the Department of Labor and
Regulation;
(4)(5) "Division," the Division of Banking;
(6) "Duration," the time a loan exists before it is paid off, renewed, rolled over, or flipped;
(5)(7) "Finance charge," the amount, however denominated, which is the direct or indirect cost
payable by a borrower for a loan;
(6) "Financing institutions," any person engaged in the business of creating and holding or
purchasing or acquiring retail installment contracts;
(7)(8) "Installment loan," a loan made to be repaid in specified amounts over a certain number
of months;
(8)(9) "License," a license provided by this chapter;
(9)(10) "Installment loan contract" or "contract," an agreement evidencing a installment
loan transaction;
(10)(11) "Licensee," any person holding a license;
(11)(12) "Loan," any installment loan, single pay loan, or open-end loan which may be
unsecured or secured by real or personal property;
(13) "Nationwide mortgage licensing system and registry," a licensing system developed and
maintained by the Conference of State Bank Supervisors and the American Association
of Residential Mortgage Regulators for the licensing and registration of licensed mortgage
loan originators and other regulated entities;
(12)(14) "Payday loan," any short-maturity loan on the security of a check, any assignment
of an interest in the account of a person at a depository institution, any
authorization to debit the person's deposit account, any assignment of salary or
wages payable to a person. A short-maturity loan made in anticipation of an income
tax refund is not a payday loan for purposes of this chapter;
(13)(15) "Regional revolving loan fund," a regional revolving loan fund with a service area
of at least five South Dakota counties, a designated staff for loan processing and
servicing, a loan portfolio of at least one million dollars, and which is governed by
a board of directors that meets at least quarterly;
(14)(16) "Short-term consumer loan," any loan to any individual borrower with a duration
of six months or less, including a payday loan. A title loan is not a short-term
consumer loan for purposes of this chapter;
(15)(17) "Title lender," a regulated lender authorized pursuant to this chapter to make title
loans; and
(16)(18) "Title loan," a loan for a debtor that is secured by a nonpurchase money security
interest in a motor vehicle and that is scheduled to be repaid in a single installment.
Section 2. That § 54-4-40 be amended to read as follows:
54-4-40. Any person who engages in the business of lending money shall apply for a license as
prescribed by this chapter. The applicant shall apply for a license under oath on forms supplied by
the division. The application shall contain the name of the applicant's business, proof of surety bond,
address of the business, the names and addresses of the partners, members, officers, directors, or
trustees, and other information the director may consider necessary. The applicant shall pay an
original license fee, as set by rules of the commission promulgated pursuant to chapter 1-26, not to
exceed one thousand dollars. If the application of an existing licensee is for an additional location,
the application need only include the location and identity of the location manager, plus any changes
from the existing license, or such other information the director may consider necessary. Any person
may be licensed and maintain a unique identifier through the nationwide mortgage licensing system
and registry.
The State of South Dakota, any political subdivision of the state, and any quasi-governmental
organization created by
South Dakota law or an executive order of the State of South Dakota and any
subsidiary of such organization
; any is exempt from the requirements of this chapter. Any nonprofit
corporation formed pursuant to
the provisions of chapter 47-22; any nonprofit United States Treasury
Community Development Financial Institution, Small Business Administration Certified
Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of
commerce, or industrial development corporation formed pursuant to
the provisions of § 9-12-11 or
9-27-37 is subject to this chapter but exempt from initial license fees, renewal fees, and surety bond
requirements
under pursuant to the provisions of this chapter.
Section 3. That § 54-4-45 be amended to read as follows:
54-4-45. A license expires on July first December thirty-first. To renew a license, the licensee
shall file for renewal by June fifteenth December first. The renewal application shall include a
renewal fee not to exceed one thousand dollars, as set by rules of the commission promulgated
pursuant to chapter 1-26, proof of surety bond, and any other information as required by the director,
by rule or order. Any licensee that files for renewal after June fifteenth December first and before
July first January first of the next calendar year shall pay a late fee in addition to the renewal fee. The
late fee, not to exceed shall equal twenty-five percent of the renewal fee, shall be established by the
commission in rules promulgated pursuant to chapter 1-26. After June thirtieth December thirty-first,
no license may be issued unless an application is filed pursuant to § 54-4-40.
Any money lending license issued pursuant to chapter 54-4 that is set to expire on July 1, 2015,
is extended until December 31, 2015.
Section 4. That § 54-4-49 be amended to read as follows:
54-4-49. The director may condition, deny, decline to renew, suspend for a period not to exceed
six months, or revoke a license for good cause pursuant to chapters 1-26 and 1-26D. If the licensee
is the holder of more than one license, the director may condition, deny, decline to renew, suspend
for a period not to exceed six months, or revoke any or all of the licenses. For purposes of this
section, good cause includes any of the following:
(1) Violation of any statute, rule, order, or written condition of the commission or any federal
statute, rule, or regulation pertaining to consumer credit;
(2) Engaging in harassment or abuse, the making of false or misleading representations, or
engaging in unfair practices involving lending activity; or
(3) Performing an act of commission or omission or practice that is a breach of trust or a
breach of fiduciary duty;
(4) Refusing to permit the director to make any examination authorized by this chapter or rule
promulgated pursuant to this chapter, or any federal statute, rule, or regulation pertaining
to money lending;
(5) The licensee or any partner, officer, director, manager, or employee of the licensee has
been convicted of a felony or a misdemeanor involving fraud, dishonesty, or breach of
trust;
(6) The licensee or any partner, officer, director, manager, or employee of the licensee has
had a license substantially equivalent to a license under this chapter, and issued by another
state or jurisdiction, denied, revoked, or suspended under the laws of that state or
jurisdiction; or
(7) The licensee has filed an application for a license which, as of the date the license was
issued, or as of the date of an order denying, suspending, or revoking a license, was
incomplete in any material respect or contained any statement that was, in light of the
circumstances under which it was made, false or misleading with respect to any material
fact.
Section 5. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:
Any loan made in South Dakota after June 30, 2015, to a resident of South Dakota, by an entity
organized to engage in the business of lending money not licensed or exempt from licensure pursuant
to chapter 54-4 is unenforceable and uncollectible except as to any principal extended by the entity
to the borrower.
Section 6. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:
No person employed by a licensee to collect or attempt to collect any debt owed or due or
asserted to be owed or due may:
(1) Harass, oppress, or abuse a borrower by:
(a) Using any threat of violence or harm;
(b) Publishing a list of names of borrowers who refuse to pay their debts absent
providing such information to credit reporting companies;
(c) Using obscene or profane language; or
(d) Repeatedly using the phone with the intent to annoy borrowers;
(2) Use any false statement when attempting to collect a debt by falsely:
(a) Claiming to be an attorney or government representative;
(b) Claiming that the borrower has committed a crime;
(c) Representing that the licensee operates or any person employed by the licensee
works for a credit reporting company;
(d) Representing the amount the borrower owes;
(e) Representing the nature and character of any forms sent to the borrower in order
to collect a debt;
(f) Indicating that the borrower will be arrested if the debt isn't paid;
(g) Using a company name;
(h) Indicating that the licensee will seize, garnish, attach, or sell a borrower's property
or wages unless the licensee is permitted by law to take the action and the licensee
intends to do so;
(i) Indicating that legal action will be taken against the borrower, if doing so would
be illegal or if the licensee does not intend to take the action;
(3) Give false credit information about the borrower to anyone, including a credit reporting
company;
(4) Attempt to collect any interest, fee, or other charge on top of the amount a borrower owes
unless the contract that created the debt or state law allows the charge;
(5) Deposit a post-dated check early; or
(6) Take or threaten to take the borrower's property unless it can be done legally.
Section 7. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:
The director may use the nationwide mortgage licensing system and registry as a channeling
agent for requesting and distributing information to and from other state and federal regulatory
officials or agencies with money lending industry oversight authority, as deemed necessary by the
director to carry out the responsibilities of this chapter.
Section 8. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:
The director may establish relationships or contracts with the nationwide mortgage licensing
system and registry or other entity designated by the nationwide mortgage licensing system and
registry to collect and maintain records and process a transaction fee or other fee related to any
licensee or other person subject to the provisions of this chapter.
Section 9. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:
The following provisions apply to the sharing of information collected and retained by the
director during the administration of this chapter:
(1) The provisions of § 51A-2-35 regarding privacy or confidentiality apply to any
information or material provided to the nationwide mortgage licensing system and
registry, and any privilege arising under federal or state law, including a rule of any
federal or state court, with respect to the information or material, continue to apply to the
information or material after the information or material has been disclosed to the
nationwide mortgage licensing system and registry. The information and material may be
shared with all state and federal regulatory officials with money lending industry
oversight authority without the loss of privilege or the loss of confidentiality protections
pursuant to the provisions of federal law or § 51A-2-35;
(2) No information or material that is subject to a privilege or confidentiality pursuant to this
section is subject to:
(a) Disclosure under any federal or state law governing the disclosure to the public of
information held by an officer or an agency of the federal government or the
respective state; or
(b) Subpoena or discovery, or admission into evidence, in any private civil action or
administrative process, unless with respect to any privilege held by the nationwide
mortgage licensing system and registry regarding the information or material is
waived, in whole or in part, by the person to whom the information or material
pertains.
This section does not apply with respect to the information or material relating to the
employment history of, and publicly adjudicated disciplinary and enforcement actions against, any
licensee that is included in the nationwide mortgage licensing system and registry for access by the
public.
Signed March 11, 2015
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CHAPTER 243
(HB 1209)
Changes in terms of credit card agreements.
ENTITLED, An Act to revise certain provisions relating to changes in terms of credit card
agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-11-10 be repealed.
Section 2. That § 54-11-11 be repealed.
Section 3. That chapter 54-11 be amended by adding thereto a NEW SECTION to read as
follows:
A credit card issuer may change the terms of any credit card agreement if such right of
amendment has been reserved. A credit card issuer shall provide notice of such change, and the right
to reject such change, in accordance with, and solely to the extent required by 12 C.F.R. 1026, in
effect on January 1, 2015. No credit card issuer may make a change that is specifically prohibited
by 12 C.F.R. 1026.
Signed March 12, 2015
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UNIFORM COMMERCIAL CODE
_______________
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CHAPTER 244
(HB 1040)
The statute of frauds revised with respect to the sale of pulse crops.
ENTITLED, An Act to revise the statute of frauds within the uniform commercial code with respect
to the sale of pulse crops.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 57A-2-201 be amended to read as follows:
57A-2-201. (1) Except as otherwise provided in this section a contract for the sale of goods for
the price of five hundred dollars or more is not enforceable by way of action or defense unless there
is some writing sufficient to indicate that a contract for sale has been made between the parties and
signed by the party against whom enforcement is sought or by his authorized agent or broker. A
writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract
is not enforceable under this paragraph beyond the quantity of goods shown in such writing.
(2) Between merchants if within a reasonable time a writing in confirmation of the contract and
sufficient against the sender is received and the party receiving it has reason to know its contents,
it satisfies the requirements of subsection (1) against such party unless written notice of objection
to its contents is given within ten days after it is received.
(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in
other respects is enforceable
(a) If the goods are to be specially manufactured for the buyer and are not suitable for sale to
others in the ordinary course of the seller's business and the seller, before notice of
repudiation is received and under circumstances which reasonably indicate that the goods
are for the buyer, has made either a substantial beginning of their manufacture or
commitments for their procurement; or
(b) If the party against whom enforcement is sought admits in his pleading, testimony or
otherwise in court that a contract for sale was made, but the contract is not enforceable
under this provision beyond the quantity of goods admitted; or
(c) With respect to goods for which payment has been made and accepted or which have been
received and accepted (§ 57A-2-606); or
(d) With respect to the sale of grain, grain sorghums, beans, pulse crops, and oil seeds:
(i) If the party seeking enforcement of the contract has a recorded statement of the
contract terms with the party against whom enforcement is sought or a noncontract
party's verbal or written verification of the contract terms confirmed by the party
against whom enforcement is sought; or
(ii) If the party seeking enforcement of the contract has a written agreement by the
party against whom enforcement is sought providing for the enforcement of verbal
contracts; or
(iii) If within a reasonable time a writing in confirmation of the contract and sufficient
against the sender is received and the party receiving the writing in confirmation
has reason to know its contents, the writing in confirmation satisfies the
requirements of subsection (1) of this section against such party unless written
notice of objection to its contents is given within two days after the writing in
confirmation is received.
Signed February 24, 2015
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CHAPTER 245
(HB 1111)
Costs and expenses increased
for the collection of dishonored checks.
ENTITLED, An Act to increase the costs and expenses considered reasonable for the collection of
certain dishonored checks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 57A-3-422 be amended to read as follows:
57A-3-422. Any person who issues a check or other draft to the state or any of its political
subdivisions which that is not honored for any of the following reasons upon presentation is liable
for all reasonable costs and expenses of collection:
(1) The drawer's account is closed;
(2) The drawer's account does not have sufficient funds; or
(3) The drawer does not have sufficient credit with the drawee.
The costs and expenses provided for in this section are considered reasonable if they do not
exceed
thirty forty dollars.
Signed February 24, 2015
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INSURANCE
_______________
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CHAPTER 246
(HB 1052)
Insurance holding company regulation.
ENTITLED, An Act to revise certain provisions regarding the regulation of insurance holding
companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-5A-1 be amended to read as follows:
58-5A-1. Terms used in this chapter mean:
(1) "Affiliate of, or a person affiliated with, a specific person," any person who directly, or
indirectly through one or more intermediaries, controls, or is controlled by, or is under
common control with, the person specified;
(2) "Control," including "controlling," "controlled by," and "under common control with," the
possession, direct or indirect, of the power to direct or cause the direction of the
management and policies of a person, whether through the ownership of voting securities,
by contract other than a commercial contract for goods or nonmanagement services, or
otherwise, unless the power is solely the result of an official position with or a corporate
office held by the person. Control shall be presumed to exist if any person, directly or
indirectly, owns, controls, holds with the power to vote, or holds proxies representing, ten
percent or more of the voting securities of any other person. This presumption may be
rebutted by a showing made in the manner provided by § 58-5A-29 that control does not
exist in fact;
(2A) "Enterprise risk," any activity, circumstance, event, or series of events involving one or
more affiliates of an insurer that, if not remedied promptly, is likely to have a material
adverse effect upon the financial condition or liquidity of the insurer or its insurance
holding company system as a whole, including anything that may cause the insurer's risk-based capital to fall into company action level or may cause the insurer to be in hazardous
financial condition pursuant to chapter 58-4;
(3) "Insurance holding company system," any two or more affiliated persons, one or more of
which is an insurer;
(4) "Insurer," a company qualified and licensed by the director of the Division of Insurance
to transact the business of insurance in this state;
(4A) "NAIC," the National Association of Insurance Commissioners;
(5) "Security holder" of a specified person is one who owns any security of such person,
including common stock, preferred stock, debt obligations, and any other security
convertible into or evidencing the right to acquire any of the foregoing;
(6) "Subsidiary of a specified person," any affiliate controlled by such person directly, or
indirectly, through one or more intermediaries;
(7) "Voting security," any security convertible into or evidencing a right to acquire a voting
security.
Section 2. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
For purposes of this chapter, any controlling person of a domestic insurer seeking to divest the
controlling interest in the domestic insurer, in any manner, shall file with the director, with a copy
to the insurer, confidential notice of its proposed divestiture at least thirty days prior to the cessation
of control. The director shall determine any instance in which a party seeking to divest or to acquire
a controlling interest in an insurer is required to file for and obtain approval of the transaction.
The information shall remain confidential until the conclusion of the transaction unless the
director determines that confidential treatment interferes with enforcement of this section. If the
statement referred to in § 58-5A-3 is otherwise filed, the provisions of this section do not apply.
Section 3. That § 58-5A-4 be amended to read as follows:
58-5A-4. The statement to be filed with the director as required by pursuant to § 58-5A-3 shall
be made under oath or affirmation and shall contain the following information:
(1) The name and address of each person by whom or on whose behalf the merger or other
acquisition of control referred to in § 58-5A-3 is to be effected (hereinafter called
"acquiring party"); and
(a) If such the person is an individual, his the person's principal occupation and all
offices and positions held during the past five years, and any conviction of crimes
other than minor traffic violations during the past ten years;
(b) If such the person is not an individual, a report of the nature of its business
operations during the past five years or for such a lesser period as such the person
and any predecessors thereof shall have been in existence; an informative
description of the business intended to be done by such the person and such the
person's subsidiaries; and a list of all individuals who are or who have been
selected to become directors or executive officers of such the person, or who
perform or will perform functions appropriate to such positions. Such The list shall
include for each such individual the information required by subsection (a) of this
subdivision.;
(2) The source, nature, and amount of the consideration used or to be used in effecting the
merger or other acquisition of control, a description of any transaction wherein funds were
or are to be obtained for any such purpose, and the identity of persons furnishing such the
consideration, provided, however, that. However, where a source of such the
consideration is a loan made in the lender's ordinary course of business, the identity of the
lender shall remain is confidential, if the person filing such the statement so requests.;
(3) Fully audited financial information as to the earnings and financial condition of each
acquiring party for the preceding five fiscal years of each acquiring party (or for such a
lesser period as such the acquiring party and any predecessors thereof shall have been in
existence), and similar unaudited information as of a date not earlier than ninety days
prior to the filing of the statement.;
(4) Any plans or proposals which each acquiring party may have to liquidate such the insurer,
to sell its the insurer's assets or merge or consolidate it the insurer with any person, or to
make any other material change in its the insurer's business or corporate structure or
management.;
(5) The number of shares of any security referred to in § 58-5A-3 which each acquiring party
proposes to acquire, and the terms of the offer, request, invitation, agreement, or
acquisition referred to in § 58-5A-3, and a statement as to the method by which the
fairness of the proposal was arrived at.;
(6) The amount of each class of any security referred to in § 58-5A-3 which is beneficially
owned or concerning which there is a right to acquire beneficial ownership by each
acquiring party.;
(7) A full description of any contracts, arrangements or understandings contract, arrangement,
or understanding with respect to any security referred to in § 58-5A-3 in which any
acquiring party is involved, including but not limited to transfer of any of the securities,
joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees
against loss or guarantees of profits, division of losses or profits, or the giving or
withholding of proxies. Such The description shall identify the persons with whom such
contracts, arrangements, or understandings have been entered into. each person with
whom the contract, arrangement, or understanding has been entered into;
(8) A description of the purchase of any security referred to in § 58-5A-3 during the twelve
calendar months preceding the filing of the statement, by any acquiring party, including
the dates of purchase, names of the purchasers, and consideration paid or agreed to be
paid therefor.;
(9) A description of any recommendations to purchase any security referred to in § 58-5A-3
made during the twelve calendar months preceding the filing of the statement, by any
acquiring party, or by anyone based upon interviews or at the suggestion of such the
acquiring party.;
(10) Copies A copy of all tender offers for, requests or invitations for tenders of exchange
offers for, and agreements to acquire or exchange any securities referred to in § 58-5A-3,
and (, if distributed), of additional soliciting material related thereto.;
(11) The terms of any agreement, contract or understanding made with any broker-dealer as
to solicitation of securities referred to in § 58-5A-3 for tender, and the amount of any fees,
commissions or other compensation to be paid to broker-dealers with regard thereto.;
(12) An agreement by the person required to file the statement specified in § 58-5A-3 that the
person shall provide the annual report specified in section 9 of this Act if control exists;
(13) An acknowledgment by the person required to file the statement referred to in § 58-5A-3
and section 2 of this Act that the person and all subsidiaries within the person's control
in the insurance holding company system shall provide information to the director upon
request as necessary to evaluate enterprise risk to the insurer; and
(14) Such additional information as the director may require by rule prescribe as necessary or
appropriate for the protection of policyholders and security holders of the insurer or in the
public interest.
A violation of this section is a Class 2 misdemeanor.
Section 4. That § 58-5A-5 be amended to read as follows:
58-5A-5. If the person required to file the statement referred to in § 58-5A-3 is a partnership,
limited partnership, syndicate or other group, the director may require that the information called for
by subdivisions 58-5A-4(1) to (12) (14), inclusive, shall be given with respect to each partner of such
the partnership or limited partnership, each member of such the syndicate or group, and each person
who controls such a partner or member.
A violation of this section is a Class 2 misdemeanor.
Section 5. That § 58-5A-6 be amended to read as follows:
58-5A-6. If any such partner, member, or person is a corporation or the person required to file
the statement referred to in § 58-5A-3 is a corporation, the director may require that the information
called for by subdivisions 58-5A-4(1) to (12) (14), inclusive, shall be given with respect to such a
corporation, each officer and director of such the corporation, and each person who is directly or
indirectly the beneficial owner of more than ten percent of the outstanding voting securities of such
the corporation.
A violation of this section is a Class 2 misdemeanor.
Section 6. That § 58-5A-18 be amended to read as follows:
58-5A-18. The effectuation No person may effectuate or any attempt to effectuate an acquisition
of control of, divestiture of, or merger with, a domestic insurer unless it has been approved by the
director has given his approval thereto shall be. A violation of this section is a Class 2 misdemeanor.
Section 7. That § 58-5A-21 be amended to read as follows:
58-5A-21. Every Each insurer subject to registration under pursuant to § 58-5A-20 shall file a
registration statement with the director on a form and in the format provided by the division, which
shall contain contains current information about:
(1) The capital structure, general financial condition, ownership, and management of the
insurer and any person controlling the insurer;
(2) The following agreements in force and transactions currently outstanding between the
insurer and its affiliates:
(a) Loans, or other investments, or purchases, sales or exchanges of securities of the
affiliate by the insurer or of the insurer by its affiliates;
(b) Purchases, sales, or exchanges of assets;
(c) Transactions not in the ordinary course of business;
(d) Guarantees or undertakings for the benefit of an affiliate which result in an actual
contingent exposure of the insurer's assets to liability, other than insurance
contracts entered into in the ordinary course of the insurer's business;
(e) All management and service contracts and all cost sharing arrangements;
(f) Dividends and other distributions to shareholders; and
(g) Consolidated tax allocation agreements;
(3) Other matters concerning transactions between a registered insurer and any affiliate as
may be required by the director;
(4) The identity and relationship of every each member of the insurance holding company
system; and
(5) Any pledge of the insurer's stock, including stock of any subsidiary of or controlling
affiliate, for a loan made to any member of the insurance holding company system;
(6) The financial statement of or within an insurance holding company system, including each
affiliate. The financial statement may include the annual audited financial statement filed
with the U.S. Securities and Exchange Commission (SEC) pursuant to the Securities Act
of 1933, as of January 1, 2015, or the Securities Exchange Act of 1934, as of January 1,
2015. An insurer required to file a financial statement pursuant to this section shall satisfy
the requirements by providing the director with the most recently filed parent corporation
financial statements that have been filed with the SEC;
(7) A statement that the insurer's board of directors oversees corporate governance and
internal controls and that the insurer's officers or senior management have approved,
implemented, and continue to maintain and monitor corporate governance and internal
control procedures; and
(8) Any other information required by the director pursuant to law or rule.
All registration statements shall contain a summary outlining all items in the current registration
statement representing changes from the prior registration statement.
Section 8. That § 58-5A-29 be amended to read as follows:
58-5A-29. Any person may file with the director a disclaimer of affiliation with any authorized
insurer or such a the disclaimer may be filed by such the insurer or any member of an insurance
holding company system. The disclaimer shall fully disclose all material relationships and basis for
affiliation between such the person and such insurer as well as the basis for disclaiming such the
affiliation. After a disclaimer has been filed, the insurer shall be relieved of any duty to register or
report under § 58-5A-20 which may arise out of the insurer's relationship with such person unless
and until the director disallows such a disclaimer. The director shall disallow such a disclaimer only
after furnishing all parties in interest with notice and opportunity to be heard, and after making
specific findings of fact to support such disallowance. A disclaimer of affiliation is deemed to have
been granted unless the director, within thirty days following receipt of a complete disclaimer,
notifies the filing party the disclaimer is disallowed. If disallowed, the disclaiming party may request
an administrative hearing pursuant to chapter 1-26 within thirty days of the director's disallowance.
A notice of hearing shall be issued within thirty days of a written request by the disclaiming party.
The disclaiming party is relieved of the duty to register pursuant to this section if the director
approves the disclaimer, or if the disclaimer is deemed to have been approved.
Section 9. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
The ultimate controlling person of each insurer subject to registration shall also file an annual
enterprise risk report. The report shall, to the best of the ultimate controlling person's knowledge and
belief, identify the material risks within the insurance holding company system that could pose
enterprise risk to the insurer. The report shall be filed with the lead state director of the insurance
holding company system as determined by rules promulgated, pursuant to chapter 1-26, by the
director.
Section 10. That § 58-5A-30 be amended to read as follows:
58-5A-30. Failure to file the a registration statement, to enterprise risk report, or keep the
registration statement current or to file any summary of the registration statement within the time
specified in this chapter is a violation of this title. Any insurer failing, without just cause, to file any
registration statement or amendment as required in this chapter shall be required to pay a penalty of
not less than one hundred dollars for each day's delay, but not to exceed twenty-five thousand dollars.
The director may reduce or waive the penalty if the insurer demonstrates to the director that the
imposition of the penalty would constitute constitutes a financial hardship to the insurer.
Section 11. That § 58-5A-32 be amended to read as follows:
58-5A-32. Material transactions by Any material transaction by a registered insurers with their
affiliates are insurer with an affiliate is subject to the following standards:
(1) The terms shall be fair and reasonable;
(2) The books, accounts, and records of each party shall be maintained to clearly and
accurately disclose the precise nature and details of the transaction including information
necessary to support the reasonableness of the charges or fees to the respective parties;
(3) The insurer's surplus to policyholders following any dividends or distributions to
shareholders or affiliates shall be reasonable in relation to the insurer's outstanding
liabilities and adequate to its financial needs;
(4) Charges or fees for services performed shall be reasonable; and
(5) Expenses incurred and payment received shall be allocated to the insurer in conformity
with customary insurance accounting practices consistently applied; and
(6) Any agreement for cost sharing services and management shall include provisions as
required by law or rule.
Any transaction which is not in conformity with this section is subject to
the provisions of §§ 58-5A-64, 58-5A-65, and 58-5A-67.
Section 12. That § 58-5A-37 be amended to read as follows:
58-5A-37. Subject to the limitations contained in this section and §§ 58-5A-38 to 58-5A-40,
inclusive, and in addition to the powers which the director has under the provision of this title
relating to the examination of insurers, the director shall also have the power to order any insurer
registered with him to produce such records, books, or other information papers in the possession
of the insurer or its affiliates as shall be necessary to ascertain the financial condition or legality of
conduct of such insurer. In the event such insurer fails to comply with such order, the director shall
have the power to examine such affiliates to obtain such information may examine any registered
insurer and the insurer's affiliates to ascertain the financial condition of the insurer, including
enterprise risk to the insurer by the ultimate controlling party, or by any entity or combination of
entities within the insurance holding company system, or by the insurance holding company on a
consolidated basis.
Section 13. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
The director may order any registered insurer to produce records, books, or other information
papers in the possession of the insurer or the insurer's affiliates as are reasonably necessary to
determine compliance with the provisions of this chapter. The director may order any registered
insurer to produce information not in the possession of the insurer if the insurer is able to obtain
access to the information pursuant to contractual relationships, statutory obligations, or other
method. If the insurer is unable to obtain the information requested by the director, the insurer shall
provide the director a detailed explanation of the reason the insurer is unable to obtain the
information and the identity of the holder of the information. If an insurer's detailed explanation is
found to be without merit, it is grounds for the revocation of the insurer's license at a hearing held
pursuant to chapter 1-26.
Section 14. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
If the insurer fails to comply with an order made pursuant to section 13 of this Act, the director
may examine the registered insurer's affiliates to obtain the information. The director may issue
subpoenas, administer oaths, and examine under oath any person for purposes of determining
compliance with the provisions of §§ 58-5A-37 to 58-5A-40, inclusive. Each person is obliged to
attend as a witness at the place specified in the subpoena, if the witness is subpoenaed within this
state. The witness is entitled to the same fees and mileage, if claimed, as a witness in appearing in
any state court and the fees shall be itemized and paid by the insurer being examined.
Section 15. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
Neither the director nor any person who receives documents, materials, or other information
while acting under the authority of the director or with whom the documents, materials, or other
information are shared pursuant to the provisions of § 58-5A-41 is permitted or required to testify
in any private civil action concerning any confidential documents, materials, or information subject
to the provisions of § 58-5A-41.
Section 16. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
To assist in the performance of the duties assigned to the director pursuant to the provisions of
this chapter:
(1) The director may, upon request, share documents, materials, or other information,
including the confidential and privileged documents, materials, or information disclosed
pursuant to this chapter with a state, federal, and international regulatory agency, the
NAIC and its affiliates and subsidiaries, and a state, federal, and international law
enforcement authority, including a member of any supervisory college described in
sections 19 to 21, inclusive, of this Act, if the recipient agrees in writing to maintain the
confidentiality and privileged status of the document, material, or other information, and
verifies in writing the legal authority to maintain confidentiality;
(2) Notwithstanding the provisions of subdivision (1), the director may only share
confidential and privileged documents, or information reported pursuant to section 9 of
this Act, with a director of a state that has laws substantially similar to the provisions of
§ 58-5A-41, and who agrees in writing not to disclose such information; and
(3) May receive documents, materials, or information, including otherwise confidential and
privileged documents, materials, or information from the NAIC and its affiliates and
subsidiaries and from regulatory and law enforcement officials of other foreign or
domestic jurisdictions, and shall maintain as confidential or privileged any document,
material, or information received with notice or the understanding that it is confidential
or privileged under the laws of the jurisdiction that is the source of the document,
material, or information.
The sharing of information by the director pursuant to this chapter does not constitute a
delegation of regulatory authority or rule-making authority, and the director is solely responsible for
the administration, execution, and enforcement of the provisions of this chapter.
Section 17. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
The director shall enter into written agreements with the NAIC governing the sharing and use
of information provided pursuant to this chapter that:
(1) Specify procedures and protocols regarding the confidentiality and security of information
shared with the NAIC and its affiliates and subsidiaries pursuant to this chapter, including
procedures and protocols for sharing by the NAIC with any other state, federal, or
international regulator;
(2) Specify that ownership of information shared with the NAIC and its affiliates and
subsidiaries pursuant to this chapter remains with the director and that the NAIC use of
the information is subject to the direction of the director;
(3) Require prompt notice to be given to an insurer whose confidential information is in the
possession of the NAIC pursuant to this chapter and is subject to a request or subpoena
issued to the NAIC for disclosure or production; and
(4) Require the NAIC and its affiliates and subsidiaries to consent to intervention by an
insurer in any judicial or administrative action in which the NAIC and its affiliates and
subsidiaries may be required to disclose confidential information about the insurer shared
with the NAIC and its affiliates and subsidiaries pursuant to this chapter.
Section 18. That § 58-5A-56 be amended to read as follows:
58-5A-56. A domestic insurer and any person in its insurance holding company system may not
enter into transactions, including any amendment or modification of an affiliate agreement
previously filed pursuant to this chapter, that is subject to any materiality standard provided in this
section, unless the director has received a written notification from the insurer of the transaction at
least thirty days prior to its effective date. The director has thirty days from receipt to approve or
disapprove the transaction. If the director takes no action within the thirty days, the transaction is
deemed approved. The director may allow less than thirty days notification if the insurer can show
cause why a lesser time is necessary. Transactions of which the insurer needs to notify the director
are:
(1) Sales, purchases, exchanges, loans, or extensions of credit, guarantees, or investments
provided the transactions are equal to or exceed as of December thirty-first next
preceding:
(a) With respect to nonlife insurers, the lesser of three percent of the insurer's admitted
assets or twenty-five percent of surplus as regards policyholders; or
(b) With respect to life insurers, three percent of the insurer's admitted assets;
(2) Loans or extensions of credit by the insurer to any person that is not an affiliate, with the
agreement or that the proceeds of the transactions, in whole or in substantial part, are to
be used to make loans or extensions of credit to, to purchase assets of, or to make
investments in any affiliate of the insurer provided the transactions are equal to or exceed
as of December thirty-first next preceding:
(a) With respect to nonlife insurers, the lesser of three percent of the insurer's admitted
assets or twenty-five percent of surplus as regards policyholders; or
(b) With respect to life insurers, three percent of the insurer's admitted assets;
(3) Reinsurance agreements or modifications thereto to the agreements, including:
(a) Any reinsurance pooling agreement; and
(b) Any agreement in which the reinsurance premium or a change in the insurer's
liabilities, or the projected reinsurance premium or a change in the insurer's
liabilities in any of the next three years, equal or exceeds five percent of the
insurer's surplus as regards policyholders as of December thirty-first next
preceding, including those agreements which may require any agreement that
requires as consideration the transfer of assets from an insurer to a nonaffiliate, if
an agreement or understanding exists between the insurer and nonaffiliate that any
portion of the assets will be transferred to one or more affiliates of the insurer;
(4) All management agreements, service contracts, tax allocation agreements, and all
cost-sharing arrangements; and
(5) Any transactions which the director determines may adversely affect the interests of the
insurer's policyholders.
Section 19. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
Pursuant to the provisions of sections 19 to 21, inclusive, of this Act, the director may participate
in a supervisory college for any domestic insurer registered pursuant to this chapter that is part of an
insurance holding company system with international operations to determine compliance by the
insurer with this chapter. The director, with respect to a supervisory college, may perform any of
the following activities:
(1) Initiate the establishment of a supervisory college;
(2) Clarify the membership and participation of any other supervisor in the supervisory
college;
(3) Clarify the functions of the supervisory college and the role of any other regulator,
including the establishment of a group-wide supervisor;
(4) Coordinate the ongoing activities of the supervisory college, including planning meetings,
supervisory activities, and processes for information sharing; and
(5) Establish a crisis management plan.
Section 20. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
Each registered insurer subject to sections 19 to 21, inclusive, of this Act, is liable for and shall
pay the reasonable expenses of the director's participation in a supervisory college, including
reasonable travel expenses. A supervisory college may be convened as either a temporary or
permanent forum for communication and cooperation between the regulators charged with the
supervision of the insurer or its affiliates, and the director may establish a regular assessment to the
insurer for the payment of these expenses.
Section 21. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
The director may participate in a supervisory college with other regulators charged with
supervision of the insurer or its affiliates, including any state, federal, and international regulatory
agency to assess the business strategy, financial position, legal and regulatory position, risk exposure,
risk management, and governance processes of individual insurers. The director may enter into
agreements pursuant to sections 16 and 17 of this Act providing for the basis for cooperation
between the director and any other regulatory agency, and the activities of the supervisory college.
Nothing in this section delegates to the supervisory college the authority of the director to regulate
or supervise the insurer or its affiliates within its jurisdiction.
Section 22. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
If a proposed acquisition of control requires the approval of more than one director or
commissioner, the public hearing referred to in § 58-5A-10 may be held on a consolidated basis upon
request of the person filing the statement referred to in § 58-5A-2, 58-5A-3, or section 2 of this Act.
The statement shall be filed with the NAIC within five days of making the request for public hearing.
A director or commissioner may opt out of a consolidated hearing, and shall provide notice to the
applicant within ten days of the receipt of the statement. A hearing conducted on a consolidated basis
shall be public and shall be held within the United States before the directors or commissioners of
the states in which the insurers are domiciled. The directors or commissioners shall hear and receive
evidence. A director or commissioner may attend the hearing, in person or by telecommunication.
Section 23. That § 58-5A-47 be amended to read as follows:
58-5A-47. Sections The provisions of §§ 58-5A-46 to 58-5A-53, inclusive, apply to any
acquisition in which there is a change in control of an insurer authorized to do business in this state
except the following:
(1) An acquisition subject to approval or disapproval by the director pursuant to §§ 58-5A-2
to 58-5A-12, inclusive, 58-5A-15, 58-5A-16, 58-5A-18, 58-5A-19, and 58-5A-31;
(2) A purchase of securities solely for investment purposes as long as the securities are not
used by voting or otherwise to lessen the competition in any insurance market in this state
to the detriment of policyholders or consumers. If a purchase of securities results in a
presumption of control under pursuant to subdivision 58-5A-1(2), it is not solely for
investment purposes unless the director or commissioner of the insurer's state of domicile
accepts a disclaimer of control or affirmatively finds that control does not exist and the
disclaimer or affirmative finding is communicated by the domiciliary director or
commissioner to the director of this state;
(3)(2) The acquisition of any person by another person if both persons are neither directly nor
through affiliates primarily engaged in the business of insurance, if pre-acquisition
notification is filed with the director in accordance with the provisions of § 58-5A-48
thirty days prior to the proposed effective date of the acquisition. Pre-acquisition
notification is not required for exclusion from this subdivision if the acquisition would
otherwise be excluded from this subdivision by any other subdivision of this section;
(4)(3) The acquisition of already affiliated persons;
(5)(4) An acquisition if, as an immediate result of the acquisition,
(a) In no market would the combined market share of the involved insurers exceed five
percent of the total market;
(b) There would be no increase in any market share; or
(c) In no market would the combined market share of the involved insurers exceed
twelve percent of the total market, and the market share increase by more than two
percent of the total market.
For the purpose of this subdivision, a market means direct written insurance premium in
this state for a line of business as contained in the annual statement required to be filed
by insurers licensed to do business in this state;
(6)(5) An acquisition for which a pre-acquisition notification would be required pursuant to this
section due solely to the resulting effect on the ocean marine insurance line of business;
and
(7)(6) An acquisition of an insurer whose domiciliary director or commissioner affirmatively
finds that the insurer is in failing condition; there is a lack of feasible alternatives to
improving the condition; the public benefits of improving the insurer's condition through
the acquisition exceed the public benefits that would arise from not lessening competition;
and the findings are communicated by the domiciliary director or commissioner to the
director of this state.
Section 24. That § 58-5A-48 be amended to read as follows:
58-5A-48. An acquisition covered by pursuant to the provisions of § 58-5A-47 may be subject
to an order pursuant to § 58-5A-69 unless the acquiring or acquired person files a pre-acquisition
notification and the waiting period has expired. The director shall give confidential treatment to
information submitted under this section in the same manner as provided in § 58-5A-41.
The notification shall be as follows:
(1) The pre-acquisition notification of this chapter shall be in a form and contain information
as prescribed by the National Association of Insurance Commissioners relating to those
markets which, under subdivision 58-5A-47(5) 58-5A-47(4), cause the acquisition not to
be exempted from the provisions of this section. The director may require additional
material and information to determine whether the proposed acquisition, if consummated,
would violate the competitive standard of §§ 58-5A-49 and 58-5A-50. The required
information may include an opinion of an economist as to the competitive impact of the
acquisition in this state accompanied by a summary of the education and experience of
the person indicating his ability to render an informed opinion;
(2) The waiting period required shall begin on the date of receipt of the director of a
pre-acquisition notification and shall end on the earlier of the thirtieth day after the date
of the receipt, or termination of the waiting period by the director. Prior to the end of the
waiting period, the director on a one-time basis may require the submission of additional
needed information relevant to the proposed acquisition, in which event the waiting
period shall end on the earlier of the thirtieth day after receipt of the additional
information by the director or termination of the waiting period by the director.
Section 25. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
Any document, material, or other information in the possession or control of the NAIC, shared
pursuant to this chapter, is confidential by law and privileged, is not subject to subpoena, open
records laws, and is not subject to discovery or admissible as evidence in any private civil action.
Section 26. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
If the director determines that any person fails to comply with the provisions of § 58-5A-3,
58-5A-4, 58-5A-8, 58-5A-9, 58-5A-45, or section 2 of this Act preventing the full understanding of
the enterprise risk to the insurer by the affiliates or by the insurance holding company system, the
violation may serve as an independent basis for disapproving dividends or distributions. The director
may place the insurer under an order of supervision pursuant to the provisions of chapter 58-29B.
Section 27. That § 58-5A-41 be amended to read as follows:
58-5A-41. All information, documents, and copies thereof obtained by or disclosed to the
director or any other person in the course of an examination or investigation made pursuant to this
chapter shall be given confidential treatment and shall not be subject to subpoena and shall not be
made public by the director or any other person, except to insurance departments of other states,
without the prior written consent of the insurer to which it pertains unless the director, after giving
the insurer and its affiliates who would be affected thereby, notice and opportunity to be heard,
determines that the interests of policyholders, shareholders or the public will be served by the
publication thereof, in which event he may publish all or any part thereof in such manner as he may
deem appropriate. Documents, materials, or other information including filings in the possession or
control of the Division of Insurance that are obtained by or disclosed to the director or any other
person in the course of an examination or investigation made pursuant to this chapter and all
information reported pursuant to this chapter shall be confidential by law and privileged, are not
subject to open records, freedom of information, sunshine, or other related laws, are not subject to
subpoena, and are not subject to discovery or admissible in evidence in any private civil action.
However, the director is authorized to use the documents, materials, or other information in the
furtherance of any regulatory or legal action brought as a part of the director's official duties. The
director may not otherwise make the documents, materials, or other information public without the
prior written consent of the insurer to which it pertains unless the director, after giving the insurer
and its affiliates who would be affected thereby notice and opportunity to be heard, determines that
the interest of policyholders, shareholders, or the public will be served by the publication thereof,
in which event the director may publish all or any part in such manner as may be deemed
appropriate.
Section 28. That chapter 58-5A be amended by adding thereto a NEW SECTION to read as
follows:
No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or
information may occur as a result of disclosure to the director pursuant to this section or as a result
of sharing as authorized pursuant to this chapter.
Signed February 24, 2015
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CHAPTER 247
(HB 1178)
Entity to purchase insurance for private purpose.
ENTITLED, An Act to provide for the creation of an entity for the purpose of insurance contracts
in certain instances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-10 be amended by adding thereto a NEW SECTION to read as
follows:
A person who has an insurable interest in the life of an individual settlor pursuant to § 58-10-4(1)
to (6), may create an entity solely for the purpose of purchasing, holding, or administering an
insurance contract on the life of the individual settlor. Neither an insurance policy issued to the entity
nor any ownership interest in the entity itself may be sold or voluntarily transferred to any entity
other than one with an insurable interest in the life of the same individual settlor pursuant to § 58-10-4(1) to (6). For purposes of this section, entity, has the same meaning as the definition of, person,
in § 58-1-2(14).
Signed February 26, 2015
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CHAPTER 248
(SB 30)
Insurer review process for rate and policy form filing denials.
ENTITLED, An Act to revise the review process for rate and policy form filing denials for insurers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-11 be amended by adding thereto a NEW SECTION to read as
follows:
Any insurer may make a written request to the director to appeal a disapproval of a rate or policy
form filing pursuant to this chapter, by requesting a hearing within thirty days of the date of the
disapproval. A notice of hearing shall be issued within thirty days of receipt of a written request. The
hearing shall be held pursuant to the provisions of chapter 1-26.
Signed March 11, 2015
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CHAPTER 249
(HB 1015)
South Dakota Risk Pool revised.
ENTITLED, An Act to repeal certain provisions regarding the South Dakota Risk Pool.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-17-30.3 be amended to read as follows:
58-17-30.3. The coverage for a newly born child from the moment of birth or for a newly
adopted child, from the beginning of the six-month adoption bonding period, shall consist of
coverage of injury or sickness including the necessary care and treatment of premature birth and
medically diagnosed congenital defects and birth abnormalities. The coverage required by this
section applies to any subsequent health benefit plan that is purchased providing coverage for that
newly born or newly adopted child if application for the subsequent coverage is made within
sixty-three days of the termination of the prior coverage and if the coverage is issued pursuant to
§ 58-17-85. The provisions of §§ 58-17-30.2 to 58-17-30.4, inclusive, apply to any individually
written health benefit plan issued or renewed by any health insurer, health carrier, health
maintenance organization, fraternal benefit society, nonprofit medical and surgical plan, nonprofit
hospital service plan, or other entity providing coverage through a health benefit plan subject to the
provisions of this title.
Section 2. That § 58-17-85 be repealed.
Section 3. That § 58-17-85.1 be repealed.
Section 4. That § 58-17-114 be amended to read as follows:
58-17-114. Terms used in §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113 to 58-17-142,
inclusive, mean:
(1) "Carrier," any person that provides health insurance in the state, including an insurance
company, a prepaid hospital or medical service plan, a health maintenance organization,
a multiple employer welfare arrangement, a carrier providing excess or stop loss coverage
to a self-funded employer, and any other entity providing a plan of health insurance or
health benefits subject to state insurance regulation. The term, carrier, includes any health
benefit plan issued through an association or trust. The term, carrier, does not include
excess or stop loss covering a risk of insurance as defined in §§ 58-9-5 to 58-9-33,
inclusive, and does not include health insurance for coverages that are not health benefit
plans issued by insurance companies, prepaid hospital or medical service plans, or health
maintenance organizations;
(2) "Director," the director of the Division of Insurance;
(3) "Enrollee," any individual who is provided qualified comprehensive health coverage
under the risk pool;
(4) "Health benefit plan," as defined in subdivision 58-17-66(9);
(5) "Health care facility," any health care facility licensed pursuant to chapter 34-12;
(6) "Health insurance," as defined in § 58-9-3;
(7) "Medicaid," the federal-state assistance program established under Title XIX of the Social
Security Act;
(8) "Medicare," the federal government health insurance program established under Title
XVIII of the Social Security Act;
(9) "Policy," any contract, policy, or plan of health insurance;
(10) "Policy year," any consecutive twelve-month period during which a policy provides or
obligates the carrier to provide health insurance.
Section 5. That § 58-17-115 be repealed.
Section 6. That § 58-17-117 be repealed.
Section 7. That § 58-17-118 be repealed.
Section 8. That § 58-17-121 be amended to read as follows:
58-17-121. The board has the general powers and authority enumerated by §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113 to 58-17-142, inclusive, and, in addition to the responsibilities in § 58-17-119, may:
(1) Enter into any contract as necessary or proper to carry out §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113 to 58-17-142, inclusive;
(2) Take any legal action necessary or proper for recovery of any assessments for, on behalf
of, or against participating carriers;
(3) Take any legal action necessary to avoid the payment of improper claims against the risk
pool or the coverage provided by or through the risk pool;
(4) Use medical review to determine that care is clinically appropriate and cost effective for
the risk pool;
(5) Establish appropriate rates, scales of rates, rate classifications, and rating adjustments,
none of which may be unreasonable in relation to the coverage provided and the
reasonable operational expenses of the risk pool;
(6) Issue risk pool plans on an indemnity, network, or provision of service basis and may
design, utilize, contract, or otherwise arrange for the delivery of cost effective health care
services, including establishing or contracting with preferred provider organizations,
health maintenance organizations, and other limited network provider arrangements in
providing the coverage required by §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113 to
58-17-142, inclusive;
(7) Create appropriate legal, actuarial, and other committees necessary to provide technical
assistance in the operation of the risk pool, plan and other contract design, and any other
functions within the authority of the risk pool; and
(8) Provide, by including a provision in its plans, for subrogation rights by the risk pool for
situations in which the risk pool pays expenses on behalf of an individual who is injured
or suffers a disease under circumstances creating a liability upon another person to pay
damages to the extent of the expenses paid by the risk pool, but only to the extent the
damages exceed the plan deductible and coinsurance amounts paid by the enrollee; and
(9) Allow an applicant who is not otherwise eligible for coverage pursuant to § 58-17-85 to
enroll in the risk pool if all of the following are met:
(a) The applicant is covered by an individual health benefit plan that is no longer being
marketed in this state and has a premium rate that exceeds two hundred percent of
the applicable rate, based upon that person's rating characteristics, charged to risk
pool enrollees;
(b) The risk pool's financial solvency would not be impaired by enrolling the
applicants under this subdivision;
(c) Sufficient federal funding exists to cover expected losses for those enrolled
pursuant to this subdivision; and
(d) The number of applicants enrolled into the risk pool pursuant to this subdivision
in any given calendar year does not exceed three percent of the total number of
covered persons in individual health benefit plans that are no longer being
marketed in this state.
Nothing in §§ 58-17-68, 58-17-70,
58-17-85, and 58-17-113 to 58-17-142, inclusive, constitutes
a waiver of immunity.
Section 9. That § 58-17-123 be amended to read as follows:
58-17-123. An enrollee shall notify any health care provider or any provider of pharmacy goods
or services prior to receiving goods or services or as soon as reasonably possible that the enrollee
is qualified to receive comprehensive coverage under the risk pool. Any health care provider or
provider of pharmacy goods or services who provides goods or services to an enrollee and requests
payment is deemed to have agreed to the reimbursement system as provided for in §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113 to 58-17-142, inclusive. Each health care provider shall be
reimbursed using medicare reimbursement methodologies at a rate that is designed to achieve a
payment that is equivalent to one hundred thirty-five percent of South Dakota's medicaid
reimbursement for the goods or services delivered. Each provider of pharmacy goods or services
shall be reimbursed at one hundred fifteen percent of South Dakota's medicaid reimbursement for
any goods or services provided. Any reimbursement rate to a provider is limited to the lesser of
billed charges or the rates as provided by this section. In no event may a provider collect or attempt
to collect from an enrollee any money owed to the provider by the risk pool nor may the provider
have any recourse against an enrollee for any covered charges in excess of the copayment,
coinsurance, or deductible amounts specified in the coverage. However, the provider may bill the
enrollee for noncovered services.
Section 10. That § 58-17-125 be repealed.
Section 11. That § 58-17-126 be amended to read as follows:
58-17-126. Following the close of each fiscal year, the board shall determine the net premiums
and payments, the expenses of administration, and the incurred losses of the risk pool for the year.
In sharing losses among the carriers, the board may abate or defer in any part the assessment of a
carrier, if, in the opinion of the board, payment of the assessment would endanger the ability of the
carrier to fulfill its contractual obligations. The board may also provide for an initial or interim
assessment against carriers if necessary to assure the financial capability of the risk pool to meet the
incurred or estimated claims expenses or operating expenses of the risk pool. This assessment may
not exceed twenty-five cents per covered life per month from the time period the risk pool becomes
effective. Any assessment made after June 30, 2009, may not be in excess of thirty-five cents per
covered life per month. Net gains shall be held at interest to offset future losses or allocated to reduce
future assessments.
The assessment of each carrier shall be based upon the number of persons each carrier covers
through primary, excess, and stop loss insurance in this state and shall be as follows:
(1) In addition to the powers enumerated in §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113
to 58-17-142, inclusive, the board may assess carriers in accordance with the provisions
of this section, and make advance interim assessments as may be reasonable and
necessary for the risk pool's organizational and interim operating expenses;
(2) Following the close of each fiscal year, the board shall determine the expenses of
administration, the net premiums (premiums less reasonable administrative expense
allowances), and the incurred losses for the year, taking into account investment income
and other appropriate gains and losses. The deficit incurred by the risk pool shall be
recouped by assessments apportioned under this section by the board among carriers and
from other sources as may be allowed under law;
(3) Each carrier's assessment shall be determined by multiplying the total assessment of all
carriers as determined in subdivision (2) by a fraction, the numerator of which equals the
number of individuals in this state covered under health benefit plans and certificates,
including by way of excess or stop loss coverage, by that carrier, and the denominator of
which equals the total number of all individuals in this state covered under health
insurance policies and certificates, including by way of excess or stop loss coverage, by
all carriers, all determined as of the end of the prior calendar year;
(4) The board shall make reasonable efforts designed to ensure that each insured individual
is counted only once with respect to any assessment. For that purpose, the board shall
require each carrier that obtains excess or stop loss insurance to include in its count of
insured individuals all individuals whose coverage is reinsured, including by way of
excess or stop loss coverage, in whole or part. The board shall allow a carrier who is an
excess or stop loss carrier to exclude from its number of insured individuals those who
have been counted by the primary carrier, the primary reinsurer, or the primary excess or
stop loss carrier for the purpose of determining its assessment under this section;
(5) Each carrier shall file with the board annual statements and other reports deemed to be
necessary by the board. The board shall determine each carrier's assessment based on
these annual statements and reports. The board may use any reasonable method of
estimating the number of insureds of a carrier if the specific number is unknown. With
respect to carriers that are excess or stop loss carriers, the board may use any reasonable
method of estimating the number of persons insured by each reinsurer or excess or stop
loss carrier;
(6) Each carrier may petition the board for an abatement or deferment of all or part of an
assessment imposed by the board. The board may abate or defer, in whole or in part, the
assessment if, in the opinion of the board, payment of the assessment would endanger the
ability of the carrier to fulfill the carrier's contractual obligations. If an assessment against
a carrier is abated or deferred in whole or in part, the amount by which the assessment is
abated or deferred may be assessed against the other carriers in a manner consistent with
the basis for assessments set forth in this section. The carrier receiving the deferment is
liable to the risk pool and remains liable for the deficiency.
Any assessment of the carrier is due and payable on any covered person who is a resident in this
state regardless of the state of issuance of the policy or master policy.
Section 12. That § 58-17-127 be repealed.
Section 13. That § 58-17-128 be repealed.
Section 14. That § 58-17-129 be repealed.
Section 15. That § 58-17-130 be repealed.
Section 16. That § 58-17-131 be repealed.
Section 17. That § 58-17-132 be repealed.
Section 18. That § 58-17-133 be repealed.
Section 19. That § 58-17-134 be repealed.
Section 20. That § 58-17-135 be repealed.
Section 21. That § 58-17-136 be repealed.
Section 22. That § 58-17-137 be repealed.
Section 23. That § 58-17-138 be amended to read as follows:
58-17-138. None of the following may be the basis of any civil action or criminal liability against
the board or any individual member of the board, or the risk pool, either jointly or separately: the
establishment of rates, forms, or procedures for coverage provided pursuant to §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113 to 58-17-142, inclusive; serving as a member or carrying out the
functions of the board; or any joint or collective action required by §§ 58-17-68, 58-17-70, 58-17-85,
and 58-17-113 to 58-17-142, inclusive. Any person aggrieved by a determination or administrative
action made pursuant to §§ 58-17-68, 58-17-70, 58-17-85, and 58-17-113 to 58-17-142, inclusive,
may request a contested case hearing pursuant to chapter 1-26, which constitutes the person's sole
remedy.
Section 24. That § 58-17-139 be repealed.
Section 25. That § 58-17-140 be repealed.
Section 26. That § 58-17-141 be repealed.
Section 27. That § 58-17-142 be amended to read as follows:
58-17-142. Any carrier of any in force individual health benefit plan issued in accordance with
§ 58-17-85 guarantee issued policies prior to August 1, 2003, for which rates are established
pursuant to § 58-17-75, may set and charge a maximum premium rate of not more than two and
two-tenths times the base premium rate until January 1, 2005, and may set and charge a maximum
premium rate of not more than two and one-half times the base premium rate for each year thereafter,
if the carrier actively markets individual major medical policies in this state during the entire year
of 2003 and each year thereafter. If, in any year after 2003, the carrier discontinues actively
marketing individual health benefit plans in this state, the premium rate provisions of § 58-17-75
apply to those policies in force issued pursuant to § 58-17-85 guarantee issued policies from the date
of the carrier's discontinuance of active marketing.
The provisions of this section apply only to grandfathered plans pursuant to 75 Fed. Reg. 116
(2010) to be codified at 26 C.F.R. §§ 54 and 602, as of January 1, 2015, and 29 C.F.R. § 2590, as
of January 1, 2015, and 45 C.F.R. § 147, as of January 1, 2015.
Section 28. That § 58-17-144 be repealed.
Section 29. That § 58-17-145 be repealed.
Section 30. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
Any person covered under a risk pool established pursuant to the provisions of § 58-17-113 in
the state of South Dakota may submit a health claim within six months from June 30, 2015. Each
claim shall be submitted in writing to the Bureau of Human Resources. A claim shall be paid in
accordance with the South Dakota risk pool plan document in effect July 1, 2014, through June 30,
2015, inclusive.
Section 31. That § 58-18-7.11 be amended to read as follows:
58-18-7.11. No insurer may be required to offer or renew a continuation or conversion policy
covering any person if:
(1) The person is covered for similar benefits by another individual or group policy;
(2) Similar benefits are provided for or available to such person, by reason of any state or
federal law, except any person who becomes entitled to Medicare on or before
continuation is elected or who is covered under another group plan on or before
continuation is elected;
(3) The benefits under sources of the kind referred to in subdivision (1) for such person or
benefits provided or available under sources of the kind referred to in subdivision (2) for
such person, together with the continued or converted policy's benefits, would result in
overinsurance according to the insurer's standards for overinsurance;
(4) There has been fraud or material misrepresentation in applying for any benefits under
continued or converted policy;
(5) The person failed to pay any required contribution;
(6) There has been cancellation of all similar insurance policies in the entire state;
(7) For cause on the same basis, the plan could terminate the coverage of a similarly situated
active employee;
(8) The person was terminated from employment for gross misconduct; or
(9) The group health insurance policy is terminated by an insurer as a result of the group not
meeting an insurer's participation or eligibility requirements.
A person covered under a
group health insurance policy that is terminated for not meeting the insurer's participation
or eligibility requirements is not required to meet the twelve-month requirement for prior
creditable coverage pursuant to § 58-17-85 in order to become eligible for the risk pool.
Section 32. That ARSD 20:06:48:01 be repealed.
Section 33. That ARSD 20:06:48:02 to 20:06:48:08, inclusive, and 20:06:48:10 to 20:06:48:20,
inclusive, and 20:06:48:22 be repealed.
Section 34. That ARSD 20:06:48:09 be amended to read as follows:
20:06:48:09. Appeals. If a claim is denied, the aggrieved party may appeal in writing to the
claims administrator within
180 90 days of the date of the denial at the address listed on the
explanation of benefits (EOB) or in the written utilization review denial. If the claims administrator
again denies the claim, the aggrieved party may appeal in writing to the administrator of the risk
pool, c/o the Bureau of Human Resources, 500 East Capitol Avenue, Pierre, SD 57501, within 30
days of receiving notification of the denial. The administrator of the risk pool shall issue a written
decision within
30 15 days from the date that the appeal is received. If the administrator of the risk
pool denies the claim, the aggrieved party may appeal in writing to the risk pool board within 30
days of receiving notification of the denial and the board shall issue a written decision on the appeal
within 15 days from the date the appeal is received. If the risk pool board denies the claim, the
aggrieved party may request a hearing before the Office of Hearing Examiners within 30 days of
receiving notification of the denial.
If the subject matter of the appeal is not a claim, the aggrieved party shall file an appeal directly
to the administrator of the risk pool within
180 90 days of the date of the decision, and if not satisfied
with the decision of the administrator of the risk pool, may appeal to the board within 30 days of the
date of that decision. If the aggrieved party is not satisfied with the decision of the board, the
aggrieved party may request a hearing before the Office of Hearing Examiners within 30 days of
receiving notification of the board's decision.
Prior to the board hearing an appeal the chair of the risk pool board shall appoint a member of
the board to serve as the final decision maker. The final decision maker may not participate in the
appeal or in any discussions related to the appeal. The final decision maker may accept, reject, or
modify the findings, conclusions, and decisions of the hearing examiner pursuant to SDCL 1-26D-6.
The aggrieved party may appeal any final decision to the circuit court in accordance with SDCL
chapter 1-26.
If an aggrieved party fails to appeal within the time limits provided in this section, no further
action is required.
Section 35. That ARSD 20:06:48:09 and 20:06:48:21 be repealed on January 1, 2017.
Section 36. That §§ 58-17-113, 58-17-114, 58-17-116, 58-17-119, 58-17-120, 58-17-121, 58-17-122, 58-17-123, 58-17-124, 58-17-126, 58-17-138, and 58-17-143 be repealed on January 1, 2017.
Signed March 13, 2015
_______________
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CHAPTER 250
(SB 190)
Health insurance coverage for applied behavior analysis.
ENTITLED, An Act to clarify health coverage for applied behavior analysis, and to establish the
Applied Behavior Analysis Provider Workgroup.
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) "Applied behavior analysis," the design, implementation, and evaluation of environmental
modifications, using behavioral stimuli and consequences, to produce socially significant
improvement in human behavior, including the use of direct observation, measurement,
and functional analysis of the relationship between environment and behavior;
(2) "Autism spectrum disorder," a complex neurodevelopmental medical disorder
characterized by social impairment, communication difficulties, and restricted, repetitive,
and stereotyped patterns of behavior;
(3) "Behavioral health treatment," evidence-based interventions that:
(a) Achieve specific improvements in functional capacity of a person; and
(b) Are provided by a licensed or certified practitioner as provided in section 6 of this
Act;
(4) "Treatment," evidence-based care which is prescribed or ordered for a person diagnosed
with an autism spectrum disorder by a licensed physician or psychologist, including:
(a) Behavioral health treatment;
(b) Pharmacy care; and
(c) Therapeutic care.
Section 2. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
Nothing in this Act applies to nongrandfathered plans in the individual and small group markets
that are required to include essential health benefits under the federal Patient Protection and
Affordable Care Act of 2010, as in effect on January 1, 2015, or to Medicare supplement,
accident-only, specified disease, hospital indemnity, disability income, long-term care, major
medical policies with a limited duration of less than twelve months, or other limited benefit hospital
insurance policies, or any plan or coverage exempted from state regulation by the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 18, as in effect on January 1, 2015.
Section 3. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
Except as provided in section 2 of this Act, this Act applies to all individual and group health
insurance policies, contracts, and certificates issued by health carriers as defined in subdivision
58-17H-1(19) and self-funded nonfederal governmental plans with the exception of the state
employee health plan sponsored by the State of South Dakota.
Section 4. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
Every policy, contract, certificate, or plan subject to the provisions of this Act shall provide
coverage for applied behavior analysis for the treatment of autism spectrum disorders consistent with
this Act.
Section 5. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
Coverage for an applied behavior analysis may be subject to pre-authorization, prior approval,
and other care management requirements including limits on the number of individual visits a person
may make for applied behavior analysis subject to the general care management provisions of the
plan, and may be subject to dollar limits, deductibles, copayments, or coinsurance provisions that
apply to other medical or surgical services covered under the policy. The coverage for applied
behavior analysis shall provide an annual maximum benefit that may not be less than the following:
(1) Through age 6 $36,000
(2) Age 7 through age 13 $25,000
(3) Age 14 through age 18 $12,500
Section 6. Any person who performs applied behavior analysis shall:
(1) Be licensed by the South Dakota Board of Medical and Osteopathic Examiners or the
Board of Examiners of Psychologists; or
(2) Have a master's degree or a doctoral degree and be certified by the National Behavior
Analyst Certification Board with a designation of board certified behavior analyst.
Supervisory services performed by such practitioners are not required to be covered.
Section 7. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
A health carrier or plan provider subject to this Act shall have the right to request a review of the
treatment that a person is receiving not more than once every three months unless the insurer and the
person's licensed physician or licensed psychologist execute an agreement that a more frequent
review is necessary. Any agreement regarding the right to review a treatment plan more frequently
applies only to a particular person receiving applied behavior analysis and may not apply to all
persons receiving applied behavior analysis by a licensed physician, licensed psychologist, or board
certified behavior analyst. The cost of obtaining a review under this section shall be paid by the
health carrier or plan.
Section 8. Nothing in this Act may be construed to affect any obligation to provide services to
a person under an individualized family service plan, an individualized education program, or an
individualized service plan.
Section 9. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as
follows:
The effective date of this Act is the first plan year, policy year, or renewal date on or after
January 1, 2016.
Section 10. There is hereby established the Applied Behavior Analysis Provider Workgroup,
operated under the Department of Human Services, to advise and make recommendations to the
Governor and the Legislature regarding the certification and licensure of applied behavior analysis
therapy providers.
The workgroup shall consist of the following members appointed by the Governor by July 1,
2015: two members of the Senate; two members of the House of Representatives; two persons who
have a family member with autism spectrum disorder; two persons who are behavior analysts
certified by the National Behavior Analyst Certification Board, including one at a supervisory level;
one licensed healthcare provider who provides other medical or therapy services to children with
autism spectrum disorder; one representative from the Department of Human Services; one
representative from the Department of Social Services; one representative from the Department of
Education; one representative from the Department of Labor and Regulation; two persons
representing health insurance carriers who offer health coverage in the state of South Dakota; and
one person who serves as an executive director of a medical or therapy licensing board. The
Department of Human Services representative will chair the workgroup.
The workgroup shall make a final report including a record of its discussions and
recommendations to the Governor and to the Legislature by December 1, 2015.
Signed March 19, 2015
_______________
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CHAPTER 251
(SB 118)
Prescription drug plan disclosure requirements updated.
ENTITLED, An Act to provide additional transparency for prescription drug plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-17F-4 be amended to read as follows:
58-17F-4. Any health carrier shall provide to any prospective enrollee written information
describing the terms and conditions of the plan. If the plan is described orally, easily understood,
truthful, objective terms shall be used. The written information need not be provided to any
prospective enrollee who makes inquiries of a general nature directly to a carrier. In the solicitation
of group coverage to an employer, a carrier is not required to provide the written information
required by this section to individual employees or their dependents and if no solicitation is made
directly to the employees or dependents and if no request to provide the written information to the
employees or dependents is made by the employer. All written plan descriptions shall be readable,
easily understood, truthful, and in an objective format. The format shall be standardized among each
plan that a health carrier offers so that comparison of the attributes of the plans is facilitated. The
following specific information shall be communicated:
(1) Coverage provisions, benefits, and any exclusions by category of service, provider, and
if applicable, by specific service, including prescription drugs and drugs administered in
a physician office or clinic;
(2) Any and all authorization or other review requirements, including preauthorization
review, and any procedures that may lead the patient to be denied coverage for or not be
provided a particular service;
(3) The existence of any financial arrangements or contractual provisions with review
companies or providers of health care services that would directly or indirectly limit the
services offered, restrict referral, or treatment options;
(4) Explanation of how plan limitations impact enrollees, including information on enrollee
financial responsibility for payment of coinsurance or other non-covered or out-of-plan
services;
(5) A description of the accessibility and availability of services and an easily accessible
online list of providers and facilities, including a list of providers participating in the
managed care network and of the providers in the network who are accepting new
patients, the addresses of primary care physicians and participating hospitals, and the
specialty of each provider in the network. The list of providers and facilities must be
updated at least once every six months; and
(6) A description of any drug formulary provisions in the plan and the process for obtaining
a copy of the current formulary upon request and the method by which an enrollee or
prospective enrollee may determine whether a specific drug is available on the current
formulary. There shall be a process for requesting an exception to the formulary and
instructions as to how to request an exception to the formulary and a description of an
easily accessible method to obtain a prior authorization or step edit requirement for each
specific drug included on the formulary; and
(7) The description of the drug formularies in subdivision (6) shall be promptly updated with
any adverse change.
The provisions of this section do not apply to plans that are not actively marketed by a carrier.
Section 2. This Act is effective January 1, 2016.
Signed March 11, 2015
_______________
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Start Included file
CHAPTER 252
(SB 101)
Cancer treatment medication insurance coverage regulated.
ENTITLED, An Act to establish certain provisions regarding cancer treatment medication coverage
by insurance companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Any health benefit plan as defined in § 58-17H-2 that provides benefits for injected
or intravenously administered cancer treatment medication used to kill or slow the growth of
cancerous cells shall provide no less favorable benefits for prescribed, orally administered anticancer
medication covered by the plan, regardless of the formulation or benefit category determination by
the health plan.
Section 2. A health carrier may not reclassify benefits with respect to cancer treatment
medications or increase a copayment, deductible, or coinsurance amount for covered cancer
treatment medications that are injected or intravenously administered unless:
(1) The increase is applied generally to other medical or pharmaceutical benefits covered
under the plan and is not done to circumvent section 1 of this Act;
(2) The reclassification of benefits with respect to cancer treatment medications is done in a
manner that is consistent with this Act; or
(3) A health carrier is applying cost-sharing increases consistent with the annual increases in
the cost of health care.
Section 3. Nothing in this Act prohibits a health carrier from performing medical management
practices that comply with the provisions of chapter 58-17H.
Section 4. This Act is effective January 1, 2016.
Signed March 12, 2015
_______________
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CHAPTER 253
(SB 31)
Coordination of benefits between health plans.
ENTITLED, An Act to revise certain provisions regarding coordination of benefits between health
plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-18A-58 be amended to read as follows:
58-18A-58. For the purposes of this chapter, the term, plan, includes:
(1) Group and nongroup insurance contracts and subscriber contracts;
(2) Uninsured arrangements of group or group-type coverage;
(3) Group and nongroup coverage through closed panel plans;
(4) Group-type contracts;
(5) The medical care components of long-term care contracts, such as skilled nursing care;
(6) The medical benefits coverage in automobile no fault and traditional automobile fault type
contracts; and
(7) Medicare or other governmental benefits, as permitted by law, except for the medical
assistance program. That part of the definition of plan may be limited to the hospital,
medical, and surgical benefits of the governmental program; and
(8) Group and nongroup insurance contracts and subscriber contracts that pay or reimburse
for the cost of dental care.
Section 2. That § 58-18A-70 be amended to read as follows:
58-18A-70. Unless there is a court decree stating otherwise, plans covering a dependent child
shall determine the order of benefits as follows:
(1) For a dependent child whose parents are married or are living together, whether or not
they have ever been married:
(a) The plan of the parent whose birthday falls earlier in the calendar year is the
primary plan; or
(b) If both parents have the same birthday, the plan that has covered the parent longest
is the primary plan;
(2) For a dependent child whose parents are divorced or separated or are not living together,
whether or not they have ever been married:
(a) If a court decree states that one of the parents is responsible for the dependent
child's health care expenses or health care coverage and the plan of that parent has
actual knowledge of those terms, that plan is primary. If the parent with
responsibility has no health care coverage for the dependent child's health care
expenses, but that parent's spouse does, that parent's spouse's plan is the primary
plan. This item does not apply with respect to any plan year during which benefits
are paid or provided before the entity has actual knowledge of the court decree
provision;
(b) If a court decree states that both parents are responsible for the dependent child's
health care expenses or health care coverage, the provisions of subdivision 1 of this
section shall determine the order of benefits;
(c) If a court decree states that the parents have joint custody without specifying that
one parent has responsibility for the health care expenses or health care coverage
of the dependent child, the provisions of subdivision (1) of this section shall
determine the order of benefits; or
(d) If there is no court decree allocating responsibility for the child's health care
expenses or health care coverage, the order of benefits for the child are as follows:
(i) The plan covering the custodial parent;
(ii) The plan covering the custodial parent's spouse;
(iii) The plan covering the noncustodial parent; and then
(iv) The plan covering the noncustodial parent's spouse;
(3) For a dependent child covered under more than one plan of individuals who are not the
parents of the child, the order of benefits shall be determined, as applicable, under
pursuant to subdivision (1) or (2) of this section as if those individuals were parents of the
child; and
(4) For a dependent child who has coverage under either or both parents' plans and also has
his or her own coverage as a dependent under a spouse's plan, the provisions of § 58-18A-73 apply. If the dependent child's coverage under the spouse's plan began on the same date
as the dependent child's coverage under either or both parents' plans, the order of benefits
shall be determined, as applicable, pursuant to the provisions of subdivision (1) of this
section to the dependent child's parent or parents and the dependent's spouse.
Signed February 9, 2015
_______________
End Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\253.wpd
Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\254.wpd
CHAPTER 254
(HB 1235)
Insurance valuation manual
related to the valuation of assets, liabilities, and reserves.
ENTITLED, An Act to update the valuation manual related to the valuation of assets, liabilities, and
reserves.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
Terms used in §§ 58-26-45 to 58-26-90, inclusive, and in this Act, apply on or after the operative
date of the valuation manual and mean:
(1) "Accident and health insurance," a contract that incorporates morbidity risk and provides
protection against economic loss resulting from accident, sickness, or medical conditions
and as may be specified in the valuation manual;
(2) "Appointed actuary," a qualified actuary who is appointed in accordance with the
valuation manual to prepare the actuarial opinion required pursuant to section 5 of this
Act;
(3) "Company," an entity, which:
(a) Has written, issued, or reinsured life insurance contracts, accident and health
insurance contracts, or deposit-type contracts in this state and has at least one
policy in force or on claim; or
(b) Has written, issued, or reinsured life insurance contracts, accident and health
insurance contracts, or deposit-type contracts in any state and is required to hold
a certificate of authority to write life insurance, accident and health insurance, or
deposit-type contracts in this state;
(4) "Deposit-type contract," a contract that does not incorporate mortality or morbidity risks
and as may be specified in the valuation manual;
(5) "Life insurance," a contract that incorporates mortality risk, including annuity and pure
endowment contracts, and as may be specified in the valuation manual;
(6) "NAIC," the National Association of Insurance Commissioners;
(7) "Policyholder behavior," any action a policyholder, contract holder, or any other person
with the right to elect options, such as a certificate holder, may take under a policy or
contract subject to this chapter including, lapse, withdrawal, transfer, deposit, premium
payment, loan, annuitization, or benefit elections prescribed by the policy or contract but
excluding events of mortality or morbidity that result in benefits prescribed in their
essential aspects by the terms of the policy or contract;
(8) "Principle-based valuation," a reserve valuation that uses one or more methods or one or
more assumptions determined by the insurer and is required to comply with sections 32
to 34, inclusive, of this Act, as specified in the valuation manual;
(9) "Qualified actuary," an individual who is qualified to sign the applicable statement of
actuarial opinion in accordance with the American Academy of Actuaries qualification
standards for actuaries signing such statements and who meets the requirements specified
in the valuation manual;
(10) "Tail risk," a risk that occurs either where the frequency of low probability events is
higher than expected under a normal probability distribution or where there are observed
events of very significant size or magnitude;
(11) "Valuation manual," the manual of valuation instructions adopted by the NAIC as
specified in this chapter and as approved by the director pursuant to rules promulgated
pursuant to chapter 1-26.
Section 2. That § 58-26-45 be amended to read as follows:
58-26-45. The director shall annually value the reserve liabilities for all outstanding life
insurance policies and annuity and pure endowment contracts of every life insurance company doing
business in this state, and may certify the amount of any of the reserves, specifying the mortality
table or tables, rate or rates of interest, and the net level premium, or other methods used in the
calculation of the reserves issued on or after July 1, 1995, and prior to the operative date of the
valuation manual. In calculating the reserves, the director may use group methods and approximate
averages for fractions of a year or otherwise. In lieu of the valuation of the reserves required of any
foreign or alien company, the director may accept any valuation made by the insurance supervisory
official of any state or other jurisdiction if the valuation complies with the minimum standard
provided by this chapter and if the official of the state or jurisdiction accepts as sufficient and for all
valid legal purposes the certificate of valuation of the director when the certificate states the
valuation to have been made in a specified manner according to which the aggregate reserves would
be at least as large as if they had been computed in the manner prescribed by the law of that state or
jurisdiction.
The provisions in §§ 58-26-56 to 58-26-84, inclusive, apply to all policies and contracts, as
appropriate, subject to this chapter issued on or after July 1, 1995, and prior to the operative date of
the valuation manual. The provisions set forth in sections 25 to 31, inclusive, of this Act, and
sections 32 to 34, inclusive, of this Act, do not apply to any such policies and contracts.
The minimum standard for the valuation of policies and contracts issued prior to July 1, 1995,
is that provided by the laws in effect immediately prior to that date.
Section 3. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
The director may, by rules promulgated pursuant to chapter 1-26, adopt the manual of valuation
instruction adopted by the NAIC after the NAIC notifies the director that the valuation manual is
operative. After the director adopts the NAIC valuation manual of instruction, the director shall
annually value, or cause to be valued, the reserve liabilities, hereinafter called reserves, for all
outstanding life insurance contracts, annuity and pure endowment contracts, accident and health
contracts, and deposit-type contracts of every company issued on or after the operative date of the
valuation manual. In lieu of the valuation of the reserves required of a foreign or alien company, the
director may accept a valuation made, or caused to be made, by the insurance supervisory official
of any state or other jurisdiction when the valuation complies with the minimum standard provided
pursuant to this chapter.
The provisions in sections 25 to 31, inclusive, of this Act, and sections 32 to 34, inclusive of this
Act, shall apply to all policies and contracts issued on or after the operative date of the valuation
manual.
Section 4. That § 58-26-52 be amended to read as follows:
58-26-52. For the purposes of this chapter the opinion required by §§ 58-26-46 to 58-26-50,
inclusive, qualified actuary means a member in good standing of the American Academy of
Actuaries who meets the requirements set forth in rules promulgated pursuant to chapter 1-26.
Section 5. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
(1) Every company with outstanding life insurance contracts, accident and health insurance
contracts, or deposit-type contracts in this state and subject to regulation by the director
shall annually submit the opinion of the appointed actuary as to whether the reserves and
related actuarial items held in support of the policies and contracts are computed
appropriately, are based on assumptions that satisfy contractual provisions, are consistent
with prior reported amounts, and comply with applicable laws of this state. The valuation
manual will prescribe the specifics of this opinion including any items deemed to be
necessary to its scope.
(2) Every company with outstanding life insurance contracts, accident and health insurance
contracts, or deposit-type contracts in this state and subject to regulation by the director,
except as exempted in the valuation manual, shall also annually include in the opinion
required pursuant to subdivision (1), an opinion of the same appointed actuary as to
whether the reserves and related actuarial items held in support of the policies and
contracts specified in the valuation manual, when considered in light of the assets held by
the company with respect to the reserves and related actuarial items, including the
investment earnings on the assets and the considerations anticipated to be received and
retained under the policies and contracts, make adequate provision for the company's
obligations under the policies and contracts, including the benefits under and expenses
associated with the policies and contracts.
(3) Each opinion required by subdivision (2) is governed by the following provisions:
(a) A memorandum, in form and substance as specified in the valuation manual, and
acceptable to the director, shall be prepared to support each actuarial opinion; and
(b) If the insurance company fails to provide a supporting memorandum at the request
of the director within a period specified in the valuation manual or the director
determines that the supporting memorandum provided by the insurance company
fails to meet the standards prescribed by the valuation manual or is otherwise
unacceptable to the director, the director may engage a qualified actuary at the
expense of the company to review the opinion and the basis for the opinion and
prepare the supporting memorandum required by the director.
(4) Every opinion is governed by the following provisions:
(a) The opinion is in form and substance as specified in the valuation manual and
acceptable to the director;
(b) The opinion is submitted with the annual statement reflecting the valuation of such
reserve liabilities for each year ending on or after the operative date of the
valuation manual;
(c) The opinion applies to all policies and contracts subject to subdivision (2), plus
other actuarial liabilities as may be specified in the valuation manual;
(d) The opinion is based on standards adopted from time to time by the Actuarial
Standards Board or its successor, and on such additional standards as may be
prescribed in the valuation manual;
(e) In the case of an opinion required to be submitted by a foreign or alien company,
the director may accept the opinion filed by that company with the insurance
supervisory official of another state if the director determines that the opinion
reasonably meets the requirements applicable to a company domiciled in this state;
(f) Except in cases of fraud or willful misconduct, the appointed actuary is not liable
for damages to any person, other than the insurance company and the director, for
any act, error, omission, decision, or conduct with respect to the appointed
actuary's opinion;
(g) Disciplinary action by the director against the company or the appointed actuary
shall be defined in rules promulgated by the director, pursuant to chapter 1-26.
Section 6. That § 58-26-56 be amended to read as follows:
58-26-56. Except as otherwise provided in §§ 58-26-64 to 58-26-74, inclusive, and § 58-26-84,
the minimum standard for the valuation of all policies and contracts issued prior to July 1, 1995,
shall be that provided by the laws in effect immediately prior to July 1, 1995. Except as otherwise
provided in §§ 58-26-64 to 58-26-74, inclusive, and § 58-26-84, the minimum standard for the
valuation of all policies and contracts issued on or after July 1, 1995, shall be the commissioners'
reserve valuation methods defined in §§ 58-26-75, 58-26-76, 58-26-81, 58-26-82, and 58-26-84,
three and one-half percent interest, or in the case of life insurance policies and contracts, other than
annuity and pure endowment contracts, issued on or after July 1, 1973, four percent interest for such
policies issued prior to July 1, 1978, five and one-half percent interest for single premium life
insurance policies and four and one-half percent interest for all other policies issued on and after July
1, 1978, and the tables provided for in §§ 58-26-57 to 58-26-63, inclusive.
Section 7. That § 58-26-57 be amended to read as follows:
58-26-57. The tables that shall be used for all ordinary policies of life insurance issued on the
standard basis, excluding any disability and accidental death benefits in the policies are: the
Commissioners 1941 Standard Ordinary Mortality Table for policies issued prior to the operative
date of §§ 58-15-38 and 58-15-42, the Commissioners 1958 Standard Ordinary Mortality Table for
policies issued on or after the operative date of §§ 58-15-38 and 58-15-42, and prior to the operative
date of §§ 58-15-43.1 to 58-15-43.11, inclusive, provided that for any category of policies issued on
female risks, all modified net premiums and present values referred to in this chapter may be
calculated according to an age not more than six years younger than the actual age of the insured;
and for such policies issued on or after the operative date of §§ 58-15-43.1 to 58-15-43.11, inclusive,
(i) the Commissioners 1980 Standard Ordinary Mortality Table, or (ii) at the election of the company
for any one or more specified plans of life insurance, the Commissioners 1980 Standard Ordinary
Mortality Table with ten-year select mortality factors, or (iii) any ordinary mortality table, adopted
after 1980 by the National Association of Insurance Commissioners, that NAIC, which is approved
by rules promulgated pursuant to chapter 1-26 by the director for use in determining the minimum
standard of valuation for the policies.
Section 8. That § 58-26-58 be amended to read as follows:
58-26-58. The tables that shall be used for all industrial life insurance policies issued on the
standard basis, excluding any disability and accidental death benefits in the policies are: the 1941
Standard Industrial Mortality Table for policies issued prior to the operative date of § 58-15-38, and
for policies issued on or after the operative date, the Commissioners 1961 Standard Industrial
Mortality Table or any industrial mortality table, adopted after 1980 by the National Association of
Insurance Commissioners NAIC, that is approved by rules promulgated pursuant to chapter 1-26 by
the director for use in determining the minimum standard of valuation for the policies.
Section 9. That § 58-26-61 be amended to read as follows:
58-26-61. The tables that shall be used for total and permanent disability benefits in or
supplementary to ordinary policies or contracts are: for policies or contracts issued on or after
January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of
the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit or any
tables of disablement rates and termination rates adopted after 1980 by the National Association of
Insurance Commissioners NAIC, that are approved by rules promulgated pursuant to chapter 1-26
by the director for use in determining the minimum standard of valuation for the policies; for policies
or contracts issued on or after January 1, 1961, and prior to January 1, 1966, either of the tables or,
at the option of the company, the Class (3) Disability Table (1926) and for policies issued prior to
January 1, 1961, the Class (3) Disability Table (1926). Any table shall, for active lives, be combined
with a mortality table permitted for calculating the reserves for life insurance policies.
Section 10. That § 58-26-62 be amended to read as follows:
58-26-62. The tables that shall be used for accidental death benefits in or supplementary to
policies issued on or after January 1, 1966, are: the 1959 Accidental Death Benefits Table or any
accidental death benefits table adopted after 1980 by the National Association of Insurance
Commissioners NAIC, that is approved by rules promulgated pursuant to chapter 1-26 by the director
for use in determining the minimum standard of valuation for the policies; for policies issued on or
after January 1, 1961, and prior to January 1, 1966, either table or, at the option of the company, the
Inter-Company Double Indemnity Mortality Table; and for policies issued prior to January 1, 1961,
the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a
mortality table for calculating the reserves for life insurance policies.
Section 11. That § 58-26-64 be amended to read as follows:
58-26-64. Except as provided in §§ 58-26-71 to 58-26-74, inclusive, the minimum standard for
the of valuation of all for individual annuity and pure endowment contracts issued on or after July
1, 1995, and for all annuities and pure endowments purchased on or after July 1, 1995, under group
annuity and pure endowment contracts, are the commissioners' reserve valuation methods defined
in §§ 58-26-75 and 58-26-76 and the tables and interest rates set forth in §§ 58-26-65 to 58-26-69,
inclusive.
Section 12. That § 58-26-66 be amended to read as follows:
58-26-66. The tables that shall be used for individual single premium immediate annuity
contracts issued on or after July 1, 1978, excluding any disability and accidental death benefits in
the contracts are: the 1971 Individual Annuity Mortality Table or any individual annuity mortality
table, adopted after 1980 by the National Association of Insurance Commissioners NAIC that is
approved by rules promulgated pursuant to chapter 1-26 by the director for use in determining the
minimum standard of valuation for the contracts, or any modification of these tables approved by
the director, and seven and one-half percent interest.
Section 13. That § 58-26-67 be amended to read as follows:
58-26-67. The tables that shall be used for individual annuity and pure endowment contracts
issued on or after July 1, 1978, other than single premium immediate annuity contracts, excluding
any disability and accidental death benefits in the contracts are: the 1971 Individual Annuity
Mortality Table or any individual annuity mortality table adopted after 1980 by the National
Association of Insurance Commissioners NAIC, that is approved by rules promulgated pursuant to
chapter 1-26 by the director for use in determining the minimum standard of valuation for the
contracts, or any modification of these tables approved by the director, and five and one-half percent
interest for single premium deferred annuity and pure endowment contracts and four and one-half
percent interest for all other individual annuity and pure endowment contracts.
Section 14. That § 58-26-69 be amended to read as follows:
58-26-69. The tables that shall be used for all annuities and pure endowments purchased on or
after July 1, 1978, under group annuity and pure endowment contracts, excluding any disability and
accidental death benefits purchased under the contracts are: the 1971 Group Annuity Mortality Table,
or any group annuity mortality table adopted after 1980 by the National Association of Insurance
Commissioners NAIC, that is approved by rules promulgated pursuant to chapter 1-26 by the director
for use in determining the minimum standard of valuation for annuities and pure endowments, or any
modification of these tables approved by the director, and seven and one-half percent interest.
Section 15. That § 58-26-71 be amended to read as follows:
58-26-71. The interest rates used in determining the minimum standard for the valuation of all
life insurance policies issued in a particular calendar year, on or after the operative date of §§ 58-15-43.1 to 58-15-43.11, inclusive; all individual annuity and pure endowment contracts issued in a
particular calendar year on or after January 1, 1983; all annuities and pure endowments purchased
in a particular calendar year on or after January 1, 1983, under group annuity and pure endowment
contracts; and the net increase, if any, in a particular calendar year after January 1, 1983, in amounts
held under guaranteed interest contracts; shall be the calendar year statutory valuation interest rates
as defined in this section.
(1) The calendar year statutory valuation interest rates, "I", shall be determined as follows and
the results rounded to the nearer one-quarter of one percent:
(a) For life insurance,
I = .03 + W(R1 - .03) + W (R2 - .09);
2
|
(b) For single premiums immediate annuities and for annuity benefits involving life
contingencies arising from other annuities with cash settlement options and from
guaranteed interest contracts with cash settlement options,
where R1 is the lesser of R and .09, R2 is the greater of R and .09, R is the
reference interest rate defined in §§ 58-26-71 to 58-26-74, inclusive, and W is the
weighting factor defined in §§ 58-26-71 to 58-26-74, inclusive;
(c) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, valued on an issue year basis, except as stated in
subdivision (b), the formula for life insurance stated in subdivision (a) applies to
annuities and guaranteed interest contracts with guarantee durations in excess of
ten years and the formula for single premium immediate annuities stated in
subdivision (b) applies to annuities and guaranteed interest contracts with
guarantee duration of ten years or less;
(d) For other annuities with no cash settlement options and for guaranteed interest
contracts with no cash settlement options, the formula for single premium
immediate annuities stated in subdivision (b) applies;
(e) For other annuities with cash settlement options and guaranteed interest contracts
with cash settlement options, valued on a change in fund basis, the formula for
single premium immediate annuities stated in subdivision (b) applies.
(2) However, if the calendar year statutory valuation interest rate for any life insurance
policies issued in any calendar year determined without reference to this sentence differs
from the corresponding actual rate for similar policies issued in the immediately
preceding calendar year by less than one-half of one percent, the calendar year statutory
valuation interest rate for life insurance policies is equal to the corresponding actual rate
for the immediately preceding calendar year. For purposes of applying the immediately
preceding sentence, the calendar year statutory valuation interest rate for life insurance
policies issued in a calendar year shall be determined for 1980, using the reference interest
rate defined in 1979, and shall be determined for each subsequent calendar year regardless
of when §§ 58-15-43.1 to 58-15-43.11, inclusive, became operative.
Section 16. That § 58-26-74 be amended to read as follows:
58-26-74. If the Monthly Average of the Composite Yield on Seasoned Corporate Bonds is no
longer published by Moody's Investors Service, Inc., or if the National Association of Insurance
Commissioners NAIC determines that the Monthly Average of the Composite Yield on Seasoned
Corporate Bonds as published by Moody's Investors Service, Inc., is no longer appropriate for the
determination of the reference interest rate, then an alternative method for determination of the
reference interest rate, which is adopted by the National Association of Insurance Commissioners
NAIC and approved by rules promulgated pursuant to chapter 1-26 by the director, may be
substituted.
Section 17. That § 58-26-75 be amended to read as follows:
58-26-75. Except as otherwise provided in §§ 58-26-76, 58-26-81, 58-26-82, and 58-26-84,
reserves according to the commissioners' reserve valuation method, for the life insurance and
endowment benefits of policies providing for a uniform amount of insurance and requiring the
payment of uniform premiums shall be the excess, if any, of the present value, at the date of
valuation, of future guaranteed benefits provided for by the policies, over the then present value of
any future modified net premiums of the policies. The modified net premiums for any policy shall
be the uniform percentage of the respective contract premiums for the benefits such that the present
value, at the date of issue of the policy, of all the modified net premiums shall be equal to the sum
of the then present value of the benefits provided for by the policy and the excess of subdivision (1)
over subdivision (2) as follows:
(1) A net level annual premium equal to the present value, at the date of issue, of the benefits
provided for after the first policy year, divided by the present value, at the date of issue,
of an annuity of one per annum payable on the first and each subsequent anniversary of
a policy on which a premium falls due. However, the net level annual premium may not
exceed the net level annual premium on the nineteen year premium whole life plan for
insurance of the same amount at an age one year higher than the age at issue of the policy;
(2) A net one year term premium for the benefits provided for in the first policy year.
Any life insurance policy issued on or after January 1, 1986, for which the contract premium in
the first policy year exceeds that of the second year and for which no comparable additional benefit
is provided in the first year for the excess and which provides an endowment benefit or a cash
surrender value or a combination thereof in an amount greater than the excess premium, the reserve
according to the commissioners' reserve valuation method as of any policy anniversary occurring on
or before the assumed ending date defined in this chapter as the first policy anniversary on which the
sum of any endowment benefit and any cash surrender value then available is greater than the excess
premium shall, except as otherwise provided in §§ 58-26-81 and 58-26-82, be the greater of the
reserve as of the policy anniversary calculated as described in the preceding paragraph and the
reserve as of the policy anniversary calculated as described in that paragraph, but with (i) the value
defined in subdivision (1) of that paragraph being reduced by fifteen percent of the amount of excess
first year premium, (ii) all present values of benefits and premiums being determined without
reference to premiums or benefits provided for by the policy after the assumed ending date, (iii) the
policy being assumed to mature on the date as an endowment, and (iv) the cash surrender value
provided on the date being considered as an endowment benefit. In making the above comparison,
the mortality and interest bases stated in §§ 58-26-56 to 58-26-63, inclusive, and §§ 58-26-71 to 58-26-74, inclusive, shall be used.
Reserves according to the commissioners' reserve valuation method for: (i) life insurance policies
providing for varying amount of insurance or requiring the payment of varying premiums; (ii) group
annuity and pure endowment contracts purchased under a retirement plan or plan of deferred
compensation, established or maintained by an employer, including a partnership or sole
proprietorship, or by an employee organization, or by both, other than a plan providing individual
retirement accounts or individual retirement annuities under section 408 of the Internal Revenue
Code, as of January 1, 1995; (iii) disability and accidental death benefits in all policies and contracts;
and (iv) all other benefits, except life insurance and endowment benefits in life insurance policies
and benefits provided by all other annuity and pure endowment contracts, shall be calculated by a
method consistent with the principles of the preceding paragraphs of this section.
Section 18. That § 58-26-77 be amended to read as follows:
58-26-77. No company's aggregate reserves for all life insurance policies, excluding disability
and accidental death benefits, issued on or after July 1, 1995, may be less than the aggregate reserves
calculated in accordance with the methods set forth in §§ 58-26-75, 58-26-76, 58-26-81, 58-26-82,
and 58-26-83 and the mortality table or tables and rate or rates of interest used in calculating
nonforfeiture benefits for the policies. The aggregate reserves for all policies, contracts, and benefits
may not be less than the aggregate reserves determined by the qualified appointed actuary to be
necessary to give the opinion required by §§ 58-26-46 to 58-26-55, inclusive.
Section 19. That § 58-26-78 be amended to read as follows:
58-26-78. Reserves for all policies and contracts issued prior to July 1, 1995, may be calculated,
at the option of the company, according to any standards which produce greater aggregate reserves
for all the policies and contracts than the minimum reserves required by the laws in effect
immediately prior to July 1, 1995.
Section 20. That § 58-26-79 be amended to read as follows:
58-26-79. Reserves for any category of policies, contracts, or benefits as established by the
director, issued on or after July 1, 1995, may be calculated, at the option of the company, according
to any standards which produce greater aggregate reserves for any category than those calculated
according to the minimum standard provided in this chapter, but the rate or rates of interest used for
policies and contracts, other than annuity and pure endowment contracts, may not be higher greater
than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided
therein in the policies or contracts.
Section 21. That § 58-26-80 be amended to read as follows:
58-26-80. Any company which adopts any standard of valuation producing greater aggregate
reserves than those calculated according to the minimum standard provided in this chapter may, with
the approval of the director, adopt any lower standard of valuation, but not lower than the minimum
provided by this chapter. However, for the purposes of this section and §§ 58-26-78 and 58-26-79,
the holding of additional reserves previously determined by a qualified the appointed actuary to be
necessary to render the opinion required by §§ 58-26-46 to 58-26-55, inclusive, is not considered to
be the adoption of a higher standard of valuation.
Section 22. That § 58-26-81 be amended to read as follows:
58-26-81. If in any contract year the gross premium charged by any life insurance company on
any policy or contract is less than the valuation net premium for the policy or contract calculated by
the method used in calculating the reserve thereon but using the minimum valuation standards of
mortality and rate of interest, the minimum reserve required for the policy or contract is the greater
of either the reserve calculated according to the mortality table, rate of interest, and method actually
used for the policy or contract, or the reserve calculated by the method actually used for the policy
or contract but using the minimum valuation standards of mortality and rate of interest and replacing
the valuation net premium by the actual gross premium in each contract year for which the valuation
net premium exceeds the actual gross premium. The minimum valuation standards of mortality and
rate of interest referred to in this section and § 58-26-82 are those standards stated in §§ 58-26-56
to 58-26-63, inclusive, and §§ 58-26-71 to 58-26-74, inclusive.
Section 23. That § 58-26-84 be amended to read as follows:
58-26-84. The director shall promulgate rules pursuant to chapter 1-26 for containing the
minimum standards applicable to the valuation of health plans, including disability, sickness, and
accident, issued on or after July 1, 1995, and prior to the operative date of the valuation manual. For
accident and health insurance contracts issued on or after the operative date of the valuation manual,
the standard prescribed in the valuation manual is the minimum standard of valuation required
pursuant to section 3 of this Act.
Section 24. That § 58-26-85 be repealed.
Section 25. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
For policies issued on or after the operative date of the valuation manual, the standard prescribed
in the valuation manual is the minimum standard of valuation required pursuant to section 3 of this
Act, except as provided pursuant to sections 29 or 31 of this Act.
Section 26. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
The director may not adopt the NAIC valuation manual of instruction until all of the following
have occurred:
(1) The valuation manual is adopted by the NAIC by an affirmative vote of at least forty-two
members, or three-fourths of the members voting, whichever is greater;
(2) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation including
substantially similar terms and provisions, is enacted by states representing greater than
seventy-five percent of the direct premiums written as reported in the following annual
statements submitted for 2008: life, accident, and health annual statements; health annual
statements; or fraternal annual statements;
(3) The Standard Valuation Law, as amended by the NAIC in 2009, or legislation including
substantially similar terms and provisions, is enacted by at least forty-two of the following
fifty-five jurisdictions: The fifty states of the United States, American Samoa, the
American Virgin Islands, the District of Columbia, Guam, and Puerto Rico.
Section 27. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
The director may approve a change to the valuation manual pursuant to rules promulgated
pursuant to chapter 1-26 when the change to the valuation manual is adopted by the NAIC by an
affirmative vote representing:
(1) At least three-fourths of the members of the NAIC voting, but not less than a majority of
the total membership; and
(2) Members of the NAIC representing jurisdictions totaling greater than seventy-five percent
of the direct premiums written as reported in the following annual statements most
recently available prior to the vote in subdivision (1) above: life, accident, and health
annual statements, health annual statements, or fraternal annual statements.
Section 28. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
The director may adopt the NAIC valuation manual of instruction if the valuation manual
specifies the following:
(1) Minimum valuation standards for, and definitions of, the policies or contracts subject to
section 3 of this Act. The minimum valuation standards are:
(a) The commissioner's reserve valuation method for life insurance contracts, other
than annuity contracts, subject to section 3 of this Act;
(b) The commissioners annuity reserve valuation method for annuity contracts subject
to section 3 of this Act; and
(c) Minimum reserves for all other policies or contracts subject to section 3 of this
Act;
(2) Which policies or contracts or types of policies or contracts that are subject to the
requirements of a principle-based valuation in section 32 of this Act and the minimum
valuation standards consistent with those requirements;
(3) For policies and contracts subject to a principle-based valuation pursuant to sections 32
to 34, inclusive, of this Act:
(a) Requirements for the format of reports to the director pursuant to subdivision (3)
of section 33 of this Act, and which shall include information necessary to
determine if the valuation is appropriate and in compliance with this chapter;
(b) Assumptions are prescribed for risks over which the company does not have
significant control or influence; and
(c) Procedures for corporate governance and oversight of the actuarial function, and
a process for appropriate waiver or modification of such procedures;
(4) For policies not subject to a principle-based valuation pursuant to sections 32 to 34,
inclusive, of this Act, the minimum valuation standard shall:
(a) Be consistent with the minimum standard of valuation prior to the operative date
of the valuation manual; or
(b) Develop reserves that quantify the benefits and guarantees, and the funding,
associated with the contracts and their risks at a level of conservatism that reflects
conditions that include unfavorable events that have a reasonable probability of
occurring;
(5) Other requirements, including those relating to reserve methods, models for measuring
risk, generation of economic scenarios, assumptions, margins, use of company experience,
risk measurement, disclosure, certifications, reports, actuarial opinions and
memorandums, transition rules, and internal controls; and
(6) The data and form of the data required pursuant to section 35 of this Act, with whom the
data must be submitted, and may specify other requirements including data analyses and
reporting of analyses.
Section 29. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
In the absence of a specific valuation requirement or if a specific valuation requirement in the
valuation manual is not, in the opinion of the director, in compliance with this chapter, then the
company shall, with respect to the requirements, comply with minimum valuation standards
prescribed by the director by rules promulgated pursuant to chapter 1-26.
Section 30. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
The director may engage a qualified actuary, at the expense of the company, to perform an
actuarial examination of the company and opine on the appropriateness of any reserve assumption
or method used by the company, or to review and opine on a company's compliance with any
requirement set forth in this chapter. The director may rely upon the opinion, regarding provisions
contained within this chapter, of a qualified actuary engaged by the insurance supervisory official
of another state, district or territory of the United States. As used in this section, the term, engage,
includes employment and contracting.
Section 31. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
The director may require a company to change any assumption or method that in the opinion of
the director is necessary in order to comply with the requirements of the valuation manual or this
chapter; and the company shall adjust the reserves as required by the director. The director may take
other disciplinary action as permitted pursuant to the laws of this state.
Section 32. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
A company must establish reserves using a principle-based valuation that meets the following
conditions for policies or contracts as specified in the valuation manual:
(1) Quantify the benefits and guarantees, and the funding, associated with the contracts and
their risks at a level of conservatism that reflects conditions that include unfavorable
events that have a reasonable probability of occurring during the lifetime of the contracts.
For polices or contracts with significant tail risk, reflects conditions appropriately adverse
to quantify the tail risk;
(2) Incorporate assumptions, risk analysis methods, financial models, and management
techniques that are consistent with, but not necessarily identical to, those utilized within
the company's overall risk assessment process, while recognizing potential differences in
financial reporting structures and any prescribed assumption or method;
(3) Incorporate assumptions that are derived in one of the following manners:
(a) The assumption is prescribed in the valuation manual;
(b) For an assumption that is not prescribed, the assumption shall be established
utilizing the company's available experience, to the extent it is relevant and
statistically credible; or to the extent that company data is not available, relevant,
or statistically credible, be established utilizing other relevant, statistically credible
experience;
(4) Provide margins for uncertainty including adverse deviation and estimation error, such
that the greater the uncertainty the larger the margin and resulting reserve.
Section 33. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
A company using a principle-based valuation for one or more policies or contracts subject to
sections 32 to 34, inclusive, of this Act, as specified in the valuation manual shall:
(1) Establish procedures for corporate governance and oversight of the actuarial valuation
function consistent with those described in the valuation manual;
(2) Provide to the director and the board of directors an annual certification of the
effectiveness of the internal controls with respect to the principle-based valuation. The
controls shall be designed to assure that all material risks inherent in the liabilities and
associated assets subject to such valuation are included in the valuation, and that
valuations are made in accordance with the valuation manual. The certification shall be
based on the controls in place as of the end of the preceding calendar year;
(3) Develop, and file with the director upon request, a principle-based valuation report that
complies with standards prescribed in the valuation manual.
Section 34. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
A principle-based valuation may include a prescribed formulaic reserve component.
Section 35. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
A company shall submit mortality, morbidity, policyholder behavior, or expense experience and
other data as prescribed in the valuation manual.
Section 36. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
For purposes of this section, confidential information, means:
(1) A memorandum in support of an opinion submitted pursuant to §§ 58-26-46 to 58-26-55
and section 5 of this Act, and any other document, material, and other information,
including all working papers, and copies thereof, created, produced, or obtained by or
disclosed to the director or any other person in connection with such memorandum;
(2) All documents, materials, and other information, including all working papers, and copies
thereof, created, produced, or obtained by or disclosed to the director or any other person
in the course of an examination made pursuant to section 30 of this Act; provided that if
an examination report or other material prepared in connection with an examination made
pursuant to chapter 58-3 is not held as private and confidential information pursuant to
chapter 58-3, an examination report or other material prepared in connection with an
examination made pursuant to section 30 of this Act is not confidential information to the
same extent as if such examination report or other material had been prepared pursuant
to chapter 58-3;
(3) Any reports, documents, materials, and other information developed by a company in
support of, or in connection with, an annual certification by the company pursuant to
subdivision (2) of section 33 of this Act evaluating the effectiveness of the company's
internal controls with respect to a principle-based valuation and any other documents,
materials, and other information, including all working papers, and copies thereof,
created, produced, or obtained by or disclosed to the director or any other person in
connection with such reports, documents, materials, and other information;
(4) Any principle-based valuation report developed pursuant to subdivision (3) of section 33
of this Act and any other documents, materials, and other information, including all
working papers, and copies thereof, created, produced, or obtained by or disclosed to the
director or any other person in connection with such report; and
(5) Any documents, materials, data, and other information submitted by a company pursuant
to section 35 of this Act, collectively, "experience data," and any other documents,
materials, data, and other information, including all working papers, and copies thereof,
created or produced in connection with such experience data, in each case that include any
potentially company-identifying or personally identifiable information, that is provided
to or obtained by the director together with any experience data, the experience materials,
and any other documents, materials, data, and other information, including all working
papers, and copies thereof, created, produced, or obtained by or disclosed to the director
or any other person in connection with such experience materials.
Section 37. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
(1) Except as provided in sections 36 to 38, inclusive, of this Act, a company's confidential
information is confidential by law and privileged, and is not subject to open records,
freedom of information, sunshine or other appropriate phrase, is not subject to subpoena
and is not subject to discovery or admissible in evidence in any private civil action;
provided, however, that the director is authorized to use the confidential information in
the furtherance of any regulatory or legal action brought against the company as a part of
the director's official duties;
(2) Neither the director nor any person who received confidential information while acting
under the authority of the director is permitted to testify in any private civil action
concerning any confidential information;
(3) In order to assist in the performance of the director's duties, the director may share
confidential information:
(a) With other state, federal, and international regulatory agencies and with the NAIC
and its affiliates and subsidiaries; and
(b) In the case of confidential information specified in subdivisions (1) and (4) of
section 36 of this Act only, with the Actuarial Board for Counseling and Discipline
or its successor upon request stating that the confidential information is required
for the purpose of professional disciplinary proceedings and with state, federal, and
international law enforcement officials;
In the case of (a) and (b), provided that such recipient agrees, and has the legal authority
to agree, to maintain the confidentiality and privileged status of such documents,
materials, data, and other information in the same manner and to the same extent as
required for the director;
(4) The director may receive documents, materials, data, and other information, including
otherwise confidential and privileged documents, materials, data, or information, from the
NAIC and its affiliates and subsidiaries, from regulatory or law enforcement officials of
other foreign or domestic jurisdictions and from the Actuarial Board for Counseling and
Discipline or its successor and shall maintain as confidential or privileged any document,
material, data, or other information received with notice or the understanding that it is
confidential or privileged under the laws of the jurisdiction that is the source of the
document, material, or other information;
(5) The director may enter into agreements governing sharing and use of information
consistent with this section;
(6) No waiver of any applicable privilege or claim of confidentiality in the confidential
information occurs as a result of disclosure to the director pursuant to this section or as
a result of sharing as authorized in subdivision (3);
(7) A privilege established under the law of any state or jurisdiction that is substantially
similar to the privilege established pursuant to this section is available and enforced in any
proceeding in, and in any court of, this state;
(8) For purposes of sections 36 to 38, inclusive, of this Act, regulatory agency, law
enforcement agency, and the NAIC include their employees, agents, consultants, and
contractors.
Section 38. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding section 37 of this Act, any confidential information specified in subdivisions
(1) and (4) of section 36 of this Act:
(1) May be subject to subpoena for the purpose of defending an action seeking damages from
the appointed actuary submitting the related memorandum in support of an opinion
submitted pursuant to §§ 58-26-46 to 58-26-55, inclusive, and section 5 of this Act, or
principle-based valuation report developed pursuant to subdivision (3) of section 33 of
this Act, by reason of an action required by this chapter or by regulations promulgated
hereunder;
(2) May otherwise be released by the director with the written consent of the company; and
(3) Once any portion of a memorandum in support of an opinion submitted pursuant to §§ 58-26-46 to 58-26-55, inclusive, and section 5 of this Act or a principle-based valuation
report developed pursuant to subdivision (3) of section 33 of this Act, is cited by the
company in its marketing or is publicly volunteered to or before a governmental agency
other than a state insurance department or is released by the company to the news media,
all portions of such memorandum or report is no longer confidential.
Section 39. That chapter 58-26 be amended by adding thereto a NEW SECTION to read as
follows:
The director may exempt specific product forms or product lines of a domestic company that is
licensed and doing business only in South Dakota from the requirements of sections 25 to 31,
inclusive, of this Act, provided:
(1) The director has issued an exemption in writing to the company and has not subsequently
revoked the exemption in writing; and
(2) The company computes reserves using assumptions and methods used prior to the
operative date of the valuation manual in addition to any requirements established by the
director and promulgated by regulation.
For any company granted an exemption pursuant to this section, §§ 58-26-46 to 58-26-84,
inclusive, and section 5 of this Act are applicable. With respect to any company applying this
exemption, any reference to sections 25 to 31, inclusive, of this Act, found in §§ 58-26-46 to
58-26-84, inclusive, and section 5 of this Act is not applicable.
Section 40. That § 58-15-43 be amended to read as follows:
58-15-43. Sections 58-15-31 to 58-15-43, inclusive, shall be known as the standard nonforfeiture
law for life insurance.
For purposes of §§ 58-15-31 to 58-15-43, the operative date of the valuation manual is January
first of the first calendar year that the valuation manual, as defined in section 1 of this Act, is
effective.
Section 41. That § 58-15-43.8 be amended to read as follows:
58-15-43.8. All adjusted premiums and present values referred to in §§ 58-15-31 to 58-15-43,
inclusive, are calculated for all policies of ordinary insurance on the basis of the commissioner's
1980 standard ordinary mortality table or, at the election of the insurer, for any one or more specified
plans of life insurance, the commissioner's 1980 standard ordinary mortality table with ten-year
select mortality factors are calculated for all policies of industrial insurance on the basis of the
commissioner's 1961 standard industrial mortality table; and are calculated for all policies issued in
a particular calendar year on the basis of a rate of interest not exceeding the nonforfeiture interest
rate as defined in this section for policies issued in that calendar year. However, the following
procedures apply:
(1) At the option of the insurer, calculations for all policies issued in a particular calendar
year may be made on the basis of a rate of interest not exceeding the nonforfeiture interest
rate, as defined in this section, for policies issued in the immediately preceding calendar
year;
(2) Under any paid-up nonforfeiture benefit, including any paid-up dividend additions, any
cash surrender value available, whether or not required by § 58-15-31, shall be calculated
on the basis of the mortality table and rate of interest used in determining the amount of
the paid-up nonforfeiture benefit and paid-up dividend additions, if any;
(3) An insurer may calculate the amount of any guaranteed paid-up nonforfeiture benefit
including any paid-up additions under the policy on the basis of an interest rate no lower
than that specified in the policy for calculating cash surrender values;
(4) In calculating the present value of any paid-up term insurance with accompanying pure
endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may
be not more than those shown in the commissioner's 1980 extended term insurance table
for policies of ordinary insurance and not more than the commissioner's 1961 industrial
extended term insurance table for policies of industrial insurance;
(5) For insurance issued on a substandard basis, the calculation of any adjusted premiums and
present values may be based on appropriate modifications of the aforementioned tables;
(6)
Any For policies issued prior to the operative date of the valuation manual, any
commissioner's standard ordinary mortality tables, adopted after 1980 by the national
association of insurance commissioners, that are approved by rules promulgated by the
director for use in determining the minimum nonforfeiture standard may be substituted
for the commissioner's 1980 standard ordinary mortality table with or without ten-year
select mortality factors or for the commissioner's 1980 extended term insurance table. For
policies issued on or after the operative date of the valuation manual, the valuation
manual shall provide the commissioner's standard mortality table for use in determining
the minimum nonforfeiture standard that may be substituted for the commissioner's 1980
standard ordinary mortality table with or without ten-year select mortality factors or for
the commissioner's 1980 extended term insurance table. If the director approves by
regulation any commissioner's standard ordinary mortality table adopted by the national
association of insurance commissioners for use in determining the minimum nonforfeiture
standard for policies issued on or after the operative date of the valuation manual that
minimum nonforfeiture standard supersedes the minimum nonforfeiture standard
provided by the valuation manual; and
(7)
Any For policies issued prior to the operative date of the valuation manual, any
commissioner's standard industrial mortality tables, adopted after 1980 by the national
association of insurance commissioners, that are approved by rules promulgated by the
director for use in determining the minimum nonforfeiture standard may be substituted
for the commissioner's 1961 standard industrial mortality table or the commissioner's
1961 industrial extended term insurance table.
For policies issued on or after the operative
date of the valuation manual the valuation manual shall provide the commissioner's
standard mortality table for use in determining the nonforfeiture standard that may be
substituted for the commissioner's 1961 standard industrial mortality table or the
commissioner's 1962 industrial extended term insurance table. If the director approves by
regulation any commissioner's standard industrial mortality table adopted by the national
association of insurance commissioners for use in determining the minimum nonforfeiture
standard for policies issued on or after the operative date of the valuation manual then that
minimum nonforfeiture standard supersedes the minimum nonforfeiture standard
provided by the valuation manual.
Section 42. That § 58-15-43.9 be amended to read as follows:
58-15-43.9. The nonforfeiture interest rate is:
(1) For policies issued prior to the operative date of the valuation manual, the nonforfeiture
interest rate per annum for any policy issued in a particular calendar year is equal to one
hundred twenty-five percent of the calendar year statutory valuation interest rate for the
policy as defined in the standard valuation law, rounded to the nearer one quarter of one
percent, provided that the nonforfeiture rate may not be less than four percent;
(2) For policies issued on or after the operative date of the valuation manual the forfeiture
interest rate per annum for any policy issued in a particular calendar year is provided by
the valuation manual.
Signed March 12, 2015
_______________
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CHAPTER 255
(HB 1236)
Commissions received by insurance producers regulated.
ENTITLED, An Act to revise certain provisions regarding commissions received by insurance
producers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-30-174 be amended to read as follows:
58-30-174. No insurer or insurance producer may pay or assign a commission, service fee,
brokerage fee, or any other valuable consideration for a referral to any person not appropriately
licensed pursuant to this chapter unless the payment or assignment is a fixed dollar amount that is
not related to the amount of commission or premium for an insurance transaction and that is not
dependent upon whether the referral results in a transaction. Nothing in this chapter prohibits a
licensed and appointed producer upon receiving a commission from sharing this compensation with
other insurance producers if those insurance producers are licensed in the line of business for which
the original commission was received. However, no insurance producer who is not appointed may
act as an agent of an insurer. An insurer who pays a commission to an appointed insurance producer
is not responsible for any act, statement, or omission made by an insurance producer who is not
appointed, but who receives compensation from an appointed insurance producer.
Signed March 11, 2015
_______________
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CHAPTER 256
(HB 1088)
Purchase of certain disability insurance
from a non-admitted insurer.
ENTITLED, An Act to permit procurement of certain disability insurance from a non-admitted
insurer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-32-4 be amended to read as follows:
58-32-4. The provisions of this chapter shall do not apply to life and health insurance, annuities,
or reinsurance, except that this section does not prohibit the procurement of disability insurance that
has a benefit limit in excess of any benefit limit available from an admitted insurer.
Signed February 24, 2015
_______________
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Start Included file Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\257.wpd
CHAPTER 257
(HB 1180)
Regulation of captive insurance companies.
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 § 58-46-1 be amended to read as follows:
58-46-1. Terms used in this chapter mean:
(1) "Affiliated entity," any entity, in the same corporate system as the captive insurance
company, owned or controlled, directly or indirectly, by a parent or subsidiary, or a
member organization by virtue of control, operation, or management. In the case of a trust
captive insurance company or, if approved by the director, a special purpose captive
insurance company, an affiliated entity of the a trust which holds ownership interest in the
trust captive insurance company also includes any other trust created by the settlor, the
settlor's grandparents or their descendants, the settlor's spouse, or any trust created by any
one of the aforementioned persons;
(1A) "Agency captive insurance company," an insurance company that is:
(a) Owned or controlled by an insurance agency, brokerage, or reinsurance
intermediary, or an affiliate thereof, or under common ownership or control with
the agency, brokerage, or reinsurance intermediary, and that only insures the risks
of insurance or annuity contracts placed by or through the agency, brokerage, or
reinsurance intermediary; or
(b) Owned or controlled by a producer of service contracts or warranties, and that only
insures or reinsures the contractual liability arising out of service contracts or
warranties sold through such producer.
For purposes of this subdivision, common ownership or control means ownership of thirty
percent or more of the voting securities of an entity or such other form of ownership or
control as the director approves. For purposes of this subdivision, producer means an
individual, agent, broker, or agency that is licensed by a state's insurance division or
department to sell insurance;
(2) "Association," any legal association of entities, the members of the organization of which:
(a) Own, control, or hold with power to vote all of the outstanding voting securities
of a group captive insurance company incorporated as a stock insurer or nonprofit
corporation; or
(b) Have complete voting control over group captive insurance company formed as a
limited liability company;
(3) "Captive insurance company," any insurance company licensed under chapter 58-46;
(4) "Controlled unaffiliated business," any person or entity that is not in the corporate system
of a parent and its affiliated entities and has an existing contractual relationship for its
control, operation, or management with the parent or one of its affiliated entities;
(5) "Director," the director of the Division of Insurance;
(5A) "Entity," a corporation, business trust, cooperative corporation, estate, trust, partnership,
limited liability company, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or commercial entity;
(5B) "Governing board," in the case of a corporation, its board of directors; in the case of a
member managed limited liability company, its board of members; in the case of a
manager managed limited liability company, its board of managers; in the case of a
partnership, its general partner; in the case of a business trust or trust, its trustee; and in
the case of any other entity not defined, the person in charge of managing its business
affairs;
(6) "Group," any association of entities with substantially similar or related risks, the
members of which collectively own, control, or hold with power to vote all of the
outstanding voting securities or other ownership interest of a group captive insurance
company;
(7) "Group captive insurance company," any entity licensed under this chapter that insures
the risks of the member organizations of the group, the risks of the affiliated entities of
the member organizations, or the risks of the association;
(8) "Member organization," any entity that belongs to an association;
(9) "Parent," an entity that directly or indirectly owns, controls, or holds with power to vote
fifty percent or more of the outstanding voting securities of a pure captive insurance
company;
(10) "Pure captive insurance company," any entity licensed under this chapter that insures risks
of its parent and affiliated entities or a controlled unaffiliated business;
(11) "Participant contract," with respect to a sponsored captive insurance company, a contract
by which a sponsored captive insurance company insures the risks of one or more
participants, and limits the losses of each participant to its pro rata share of the assets of
one or more protected cells identified in the participant contract;
(12) "Special purpose captive insurance company," a captive insurance company that is
licensed under this chapter that does not meet the definition of any other type of captive
insurance company defined in this section and it may insure the risks of its parent, unless
otherwise approved by the director;
(13A) "Participant," any person or entity that is insured by a sponsored captive insurance
company, where the losses of the participant are limited through a participant contract to
the participant's pro rata share of the assets of one or more protected cells identified in the
participant contract;
(13B) "Protected cell," a separate and distinct account established and maintained by or on
behalf of a sponsored captive insurance company in which assets, including assets
invested pursuant to § 58-46-30, are accounted for and recorded for one or more
participants in accordance with the terms of one or more participant contracts to fund the
liability of the sponsored captive insurance company assumed on behalf of the
participants as set forth in the participant contracts;
(14) "Sponsor," a person or entity qualifying as a sponsor under § 58-46-28;
(15) "Sponsored captive insurance company," a captive insurance company that is licensed
under this chapter:
(a) Of which the minimum capital and surplus required by this chapter is provided by
one or more sponsors;
(b) That insures the risks of its participants only, through separate participant
contracts; and
(c) That funds its liability to each participant through one or more protected cells and
segregates the assets of each protected cell from the assets of other protected cells
and from the assets of the sponsored captive insurance company's general account;
(16) "Trust captive insurance company," a captive insurance company whose ownership
interest is held in a trust or trusts;
(17) "Trust," any trust with a South Dakota jurisdiction provision as set forth in §§ 55-3-40 to
55-3-42, inclusive, and which complies with § 55-3-39.
Section 2. That § 58-46-10 be amended to read as follows:
58-46-10. A pure or agency captive insurance company may be incorporated as a stock
corporation, a nonstock corporation, a nonprofit corporation, or may be formed as a limited liability
company, business trust under chapter 47-14A, or other form of legal entity as approved by the
director.
A group captive insurance company may be incorporated as a stock corporation or as a nonstock
corporation, may be formed as a limited liability company, a business trust, or may be organized as
a reciprocal insurer, or other form of legal entity as approved by the director.
A special purpose captive insurance company may be incorporated as a stock corporation or as
a nonstock corporation, may be formed as a limited liability company, business trust or trust, or may
be such other form of legal entity as approved by the director.
A trust captive insurance company may be incorporated as a stock corporation or as a nonstock
corporation, or may be formed as a limited liability company, or business trust, or other form of legal
entity as approved by the director.
A sponsored captive insurance company may be incorporated as a stock corporation or as a
nonstock corporation, or may be formed as a limited liability company, or business trust, or other
form of legal entity as approved by the director.
Section 3. That § 58-46-15 be amended to read as follows:
58-46-15. Each group or sponsored captive insurance company shall submit annually to the
director a report of its financial condition pursuant to § 58-6-75, no later than six months after the
close of its financial year. The report shall be audited by an independent certified public accountant
pursuant to chapter 58-43. Each group or sponsored captive insurance company shall file with its
annual report of financial condition an actuarial opinion pursuant to § 58-26-13.1. If requested by
the director, the group or sponsored captive insurance company shall submit quarterly reports of its
financial condition pursuant to § 58-6-75.
A pure
, agency, or trust captive insurance company shall submit annually no later than six
months after the close of its financial year to the director a report of its financial condition using
statutory accounting principles certified under oath by two of its officers. A pure, agency, or trust
captive insurance company shall provide a report of its financial condition audited by an independent
certified public accountant every five years pursuant to chapter 58-43 if it has annual direct
premiums written of less than two million five hundred thousand dollars. If a pure, agency, or trust
captive insurance company has two million five hundred thousand dollars or more of annual direct
premiums written, it shall provide a report of its financial condition audited by an independent
certified public accountant every three years pursuant to chapter 58-43. Following its first year of
operation, and in connection with its audited statement of financial condition (or more often if
requested by the director), each pure, agency, or trust captive insurance company shall file an
actuarial opinion pursuant to § 58-26-13.1.
No later than six months after the close of its financial year, a special purpose captive insurance
company shall submit to the director a report of its financial condition pursuant to § 58-6-75. The
report shall be audited by an independent certified public accountant pursuant to chapter 58-43.
Following its first year of operation, and every three years thereafter, a special purpose captive
insurance company shall file with its annual report of financial condition an actuarial opinion
pursuant to § 58-26-13.1. If requested by the director, the special purpose captive insurance company
shall submit quarterly reports of its financial condition pursuant to § 58-6-75.
Upon request to and approval by the director, a captive insurance company may use generally
accepted accounting principles in lieu of statutory accounting principles in its certification of its
financial condition
and may use consolidated, nonconsolidated, or a similar type of reporting, as
approved by the director.
Section 4. That § 58-46-16 be amended to read as follows:
58-46-16. A pure, agency, or trust captive insurance company may make written application for
filing the report required by § 58-46-15 on a fiscal year-end that is consistent with the parent
company's fiscal year. If an alternative reporting date is granted, the annual report is due six months
after its fiscal year-end.
Section 5. That § 58-46-19 be amended to read as follows:
58-46-19. No pure, agency, or trust captive insurance company is subject to any restrictions on
allowable investments. However, the director may prohibit or limit any investment that threatens the
solvency or liquidity of any such company.
Unless the director has provided written approval of a different requirement or limitation, group,
sponsored and special purpose captive insurance companies shall comply with the investment
requirements and limitations applicable to other insurance companies pursuant to chapter 58-27.
Section 6. That § 58-46-20 be amended to read as follows:
58-46-20. A pure, agency, or trust captive insurance company may make a loan to its parent or
affiliated entities. No loan to its parent or affiliated entities may be made without prior written
approval of the director. A group, sponsored, or special purpose captive insurance company may
make a loan to its group or members of its group an affiliated entity if prior written approval by the
director has been provided. The approval shall be evidenced by a note in a form approved by the
director.
Section 7. That § 58-46-23.1 be amended to read as follows:
58-46-23.1. A pure or agency captive insurance company may enter into any arrangement to
provide risk management services to a controlled unaffiliated business or an unaffiliated business
but may not accept any insurance risk from an unaffiliated business. A trust captive insurance
company may enter into any arrangement to provide risk management services to an affiliated entity
and may accept insurance risk from an affiliated entity.
Signed February 26, 2015
_______________
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AGENCY
_______________
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CHAPTER 258
(HB 1219)
Ownership disclosure on filings
with the Office of the Secretary of State.
ENTITLED, An Act to permit entities to voluntarily disclose ownership on filings with the Office
of the Secretary of State and to establish a fee therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 59-11 be amended by adding thereto a NEW SECTION to read as
follows:
In addition to filing an annual report pursuant to § 59-11-24, a filing entity may include in its
annual report a statement of voluntary disclosure of beneficial interests.
Section 2. That § 47-1A-122 be amended to read as follows:
47-1A-122. The Office of the Secretary of State shall collect the following fees when the
documents described in this section are delivered for filing:
(1) Articles of incorporation, $150;
(2) Application for use of indistinguishable name, $25;
(3) Application for reserved name, $25;
(4) Notice of transfer of reserved name, $15;
(5) Application for registered name, $25;
(6) Application for renewal of registered name, $15. A renewal application may be filed
between the first day of October and the thirty-first day of December in each year and
shall extend the registration for the following year;
(7) to (9) Repealed by SL 2008, ch 275, § 27;
(10) Articles of domestication, $150;
(11) Articles of charter surrender, $150;
(12) Articles of domestication and conversion, $150;
(13) Articles of entity conversion, $150;
(14) Amendment of articles of incorporation, $60;
(15) Restatement of articles of incorporation, $60;
(16) Articles of merger or share exchange, $60;
(17) Articles of dissolution, $10;
(18) Articles of revocation of dissolution, $10;
(19) Certificate of administrative dissolution, no charge;
(20) Application for reinstatement following administrative dissolution, plus any delinquent
annual report filing fees for the period prior to the reinstatement application, $300;
(21) Certificate of reinstatement, no charge;
(22) Certificate of judicial dissolution, no charge;
(23) Application for certificate of authority, $750;
(24) Application for amended certificate of authority, $250;
(25) Application for certificate of withdrawal, $10;
(26) Application for transfer of authority, $25;
(27) Certificate of revocation of authority to transact business, no charge;
(28) Annual report, $50;
(29) Articles of correction, $25;
(30) Application for certificate of existence or authorization, $20;
(31) Amended annual report, $25;
(32) Any other document required or permitted to be filed by this chapter, $20.
The Office of the Secretary of State shall collect a fee of thirty dollars each time process is served
on the Office of the Secretary of State under this chapter. The party to a proceeding causing service
of process is entitled to recover this fee as costs if the party prevails in the proceeding.
Section 3. That § 57A-9-528 be amended to read as follows:
57A-9-528. For each effective financing statement filed pursuant to this chapter, three dollars
of the fee collected pursuant to § 57A-9-525, and the computer search fee assessed pursuant to
§ 57A-9-525, shall be deposited in the financing statement and annual report filing fee fund. For each
annual report filed pursuant to § 59-11-24 in fiscal years 2010 and 2011, three dollars of the fee
collected shall be deposited in the financing statement and annual report filing fee fund. For each
annual report filed pursuant to § 59-11-24 in fiscal year 2012 and each year thereafter, one dollar of
the annual report fee shall be deposited in the financing statement and annual report filing fee fund.
For each amendment of an annual report filed pursuant to § 59-11-24 in fiscal year 2016 and each
year after, the fee for the amendment shall be deposited in the financing statement and annual report
filing fee fund.
Section 4. That § 59-11-24 be amended to read as follows:
59-11-24. Each filing entity or qualified foreign entity, except a bank organized pursuant to
§ 51A-3-1.1 and a limited partnership organized pursuant to chapter 48-7, shall deliver to the Office
of the Secretary of State for filing an annual report that sets forth:
(1) The name of the filing entity or qualified foreign entity;
(2) The jurisdiction under whose law it is formed;
(3) The address of its principal office, wherever located;
(4) The information required by § 59-11-6; and
(5) The names and business addresses of its governors except in the following two cases:
(a) If a business corporation has eliminated its board of directors pursuant to § 47-1A-732, the annual report shall set forth the names of the shareholders instead; and
(b) If a limited liability company is member-managed, the names and business
addresses of its governors need not be set forth.
Information in the annual report must be current as of the date the annual report is executed on
behalf of the filing entity or qualified foreign entity. Any other provisions of law notwithstanding
the annual report may be executed by any authorized person.
Any amendment filed is a supplement
to, and not in place of, the annual filing required by this section.
Section 5. This Act is effective January 1, 2016.
Signed March 13, 2015
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LABOR AND EMPLOYMENT
_______________
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CHAPTER 259
(HB 1024)
Statutes related to the Department of Labor updated.
ENTITLED, An Act to repeal certain outdated and unnecessary statutes related to the Department
of Labor and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-14-8 be repealed.
Section 2. That § 36-25-9 be repealed.
Section 3. That § 58-25-21 be repealed.
Section 4. That § 61-5-26 be repealed.
Section 5. That § 61-5-26.1 be repealed.
Section 6. That § 61-5-26.2 be repealed.
Section 7. That § 61-5-26.3 be repealed.
Section 8. That § 61-5-26.4 be repealed.
Signed February 9, 2015
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CHAPTER 260
(HB 1026)
Department of Labor References updated.
ENTITLED, An Act to revise certain provisions related to the Department of Labor and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-55A-7 be amended to read as follows:
10-55A-7. A recovery refund shall be paid to an eligible taxpayer on warrants drawn by the state
auditor on vouchers approved by the secretary of the Department of Revenue, or his designee Labor
and Regulation.
Section 2. That § 10-55A-9 be amended to read as follows:
10-55A-9. As used in this chapter, unless the context otherwise requires, " the term, secretary",
means the secretary of revenue labor and regulation.
Section 3. That § 36-14-5 be amended to read as follows:
36-14-5. The Board of Barber Examiners shall have authority to may employ, in conformity with
chapter 3-6A, such inspectors, clerks, and other assistants, as it may deem the board deems necessary
to carry out the provisions of this chapter.
Section 4. That § 36-15-6 be amended to read as follows:
36-15-6. The commission may, in conformity with chapter 3-6A, employ such personnel as it
deems necessary to administer and enforce the provisions of this chapter. The commission may pay
the travel and subsistence expenses of such employees each employee pursuant to the provisions of
§ 3-9-2. However, no employee of the commission may be connected or associated in any manner
with any school.
Section 5. That § 36-25-10 be amended to read as follows:
36-25-10. The commission is authorized to may employ, in accordance with chapter 3-6A, such
inspectors and assistants as may be it deems necessary to administer and enforce the provisions of
this chapter.
Section 6. That § 54-3A-17 be amended to read as follows:
54-3A-17. A creditor may, by written agreement with the buyer, refinance the unpaid balance and
may contract for and receive a finance charge based on the amount refinanced. Any rebate which
would be due to the buyer under pursuant to the provisions of § 54-3A-9 if he were the buyer was
prepaying in full on the date of the refinancing shall be is excluded from the amount to be refinanced,
and. No minimum finance charge, for the purpose of computing this rebate no minimum charge shall
be, is allowed to the creditor. However, any loan made pursuant to chapter 54-6 is not subject to this
section, even though all or part of the proceeds of such loan are applied to the unpaid balance of a
sale made under this chapter.
Section 7. That § 58-17E-39 be amended to read as follows:
58-17E-39. Any person subject to registration pursuant to § 58-17E-9 shall prominently and
boldly disclose that the product is not insurance. Any advertisements or solicitations made by such
a person are subject to the provisions of §§ 58-33A-2 to 58-33A-4, inclusive, and §§ 58-33A-7 to
58-33A-8, inclusive, and §§ 58-33A-10 to 58-33A-12, inclusive. Any administrative rule
promulgated pursuant to § 58-33A-7 does not apply to those registered pursuant to the provisions
of §§ 58-17E-9, 58-17E-39, 58-17E-41, and 58-17E-45, inclusive, unless specifically referenced in
the rule. If any such person fails to comply with these provisions or the provisions of §§ 58-17E-9,
58-17E-39, 58-17E-41, and 58-17E-45, inclusive, the director may take action in the same manner
as provided for by § 58-17C-67 issue an order to cease and desist pursuant to the provisions of
chapter 58-4 and may revoke the registration. Any such action by the director is subject to notice and
hearing as provided by pursuant to chapter 1-26 and § 58-4-7. A person acting as an agent as defined
in chapter 58-30 who sells, solicits, or negotiates a plan or program containing insurance benefits
shall meet the licensing and appointment requirements of that chapter if such the person is otherwise
required to be licensed by pursuant to the provisions of chapter 58-30.
Section 8. That § 58-30-115.1 be amended to read as follows:
58-30-115.1. Any licensee meeting the exception under subdivision 58-30-115(3) 58-30-115(2)
shall renew his or her license pursuant to § 58-30-121. Nothing in that subdivision requires a licensee
who has reached the age of sixty-five prior to July 1, 2006, and, as of July 1, 2006, has been licensed
for at least ten years, to meet the continuing education requirements of this chapter.
Section 9. That § 58-30-115.2 be amended to read as follows:
58-30-115.2. Any licensee meeting the exception under pursuant to subdivision 58-30-115(4)
58-30-115(3) shall renew the license pursuant to § 58-30-121.
Section 10. That § 58-32-39 be amended to read as follows:
58-32-39. Each broker shall keep in his the broker's office in this state a record of each surplus
line coverage procured by him the broker, including a copy of each daily report, if any,; a copy of
each certificate issued by him, the broker; and such of the following items as may be applicable:
(1) Amount of the insurance;
(2) Gross premium charged;
(3) Return premium paid, if any;
(4) Rate of premium charged upon the several items of property;
(5) Effective date of the contract, and the terms thereof;
(6) Name and address of each insurer on the direct risk and the proportion of the entire risk
assumed by such insurer if less than the entire risk;
(7) Name and address of the insured;
(8) Brief general description of the property or risk insured and where located or to be
performed; and
(9) Other information as may be required by the director.
Violation A violation of this section is a Class 2 misdemeanor.
Section 11. That § 58-32-40 be amended to read as follows:
58-32-40. The record shall not be removed from this state and shall at all times within five years
after issuance of the coverage to which it relates be open to examination by the director. Violation
A violation of this section is a Class 2 misdemeanor.
Section 12. That § 58-43-16.7 be amended to read as follows:
58-43-16.7. The audit committee shall require the accountant that performs for an insurer any
audit required by this chapter to report in a timely manner to the audit committee in accordance with
the requirements of SAS 61, Communication with Audit Committees AU-C 260, The Auditor's
Communication with Those Charged with Governance, as of January 1, 2009 2015, including:
(1) All significant accounting policies and material permitted practices;
(2) All material alternative treatments of financial information within statutory accounting
principles that have been discussed with management officials of the insurer,
ramifications of the use of the alternative disclosures and treatments, and the treatment
preferred by the accountant; and
(3) Other material written communications between the accountant and the management of
the insurer, such as any management letter or schedule of unadjusted differences.
Signed February 12, 2015
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CHAPTER 261
(SB 177)
Youth minimum wage.
ENTITLED, An Act to establish a youth minimum wage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 60-11-3 be amended to read as follows:
60-11-3. Every employer shall pay to each employee wages at a rate of not less than eight dollars
and fifty cents an hour. Violation of this section is a Class 2 misdemeanor. The provisions of this
section do not apply to certain employees being paid an opportunity wage pursuant to § 60-11-4.1,
babysitters, employees under age eighteen, or outside salespersons. The provisions of this section
also do not apply to employees employed by an amusement or recreational establishment, an
organized camp, or a religious or nonprofit educational conference center if one of the following
apply:
(1) The establishment, camp, or center does not operate for more than seven months in any
calendar year; or
(2) During the preceding calendar year, the average receipts of the establishment, camp, or
center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
Section 2. That chapter 60-11 be amended by adding thereto a NEW SECTION to read as
follows:
An employer shall pay an employee under the age of eighteen at least seven dollars and fifty
cents an hour. This wage is not subject to the annual minimum wage adjustment pursuant to § 60-11-3.2. No employer may take any action to displace an employee, including a partial displacement
through a reduction in hours, wages, or employment benefits, in order to hire an employee at the
wage authorized in this Act.
Signed March 20, 2015
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WORKERS' COMPENSATION
_______________
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CHAPTER 262
(HB 1105)
Affidavit of exemption from workers compensation.
ENTITLED, An Act to provide for an affidavit creating a rebuttable presumption that a person is not
an employee for purposes of workers' compensation and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:
Any independent contractor who is not an employer or a general contractor and is not covered
under a workers' compensation insurance policy may sign an affidavit of exempt status under the
South Dakota Workers' Compensation Law. Not withstanding the provisions of § 62-3-10, the
affidavit of exempt status creates a rebuttable presumption that the affiant is not an employee for the
purposes of the South Dakota Workers' Compensation Act and the person possessing the affidavit
is not liable for a workers' compensation claim made by the affiant or any subcontractor of the
affiant.
Section 2. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:
The affidavit must be on a form prescribed by the director of the Division of Insurance and must
be notarized. The director of the Division of Insurance may promulgate rules pursuant to chapter 1-26 to provide definitions, the form and process for filing the affidavit, and documentation required
for filing an affidavit of exemption from the South Dakota Workers' Compensation Law.
The affidavit of exempt status shall contain substantially the following:
(1) Statements that the affiant:
(a) Is not an employee and does not want a workers' compensation insurance policy;
(b) Has read, signed, and understands the exempt status fact sheet attachment to the
affidavit;
(c) Understands that the affiant will be considered an independent contractor and will
not be considered an employee under the South Dakota Workers' Compensation
Law;
(d) Understands that the affiant will not be eligible for compensation under the South
Dakota Workers' Compensation Law;
(e) Understands that the signing of the affidavit creates a rebuttable presumption that
the affiant is not an employee for the purpose of the South Dakota Workers'
Compensation Act;
(f) Understands that the signing of the affidavit does not affect the rights or coverage
of any employee of the affiant;
(g) Is not signing the affidavit or providing information as a result of force, threat,
coercion, compulsion, or duress; and
(h) Understands that knowingly providing false information on an affidavit of exempt
status under the South Dakota Workers' Compensation Law is a Class 2
misdemeanor; and
(2) An exempt status fact sheet, to be attached to the affidavit, which:
(a) Delineates the legal requirements recognized in law for determining whether a
person is an independent contractor; and
(b) Contains a statement that the affiant believes they are an independent contractor
given the preceding list of legal requirements.
Section 3. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:
Any person who solicits or provides false information on an affidavit of exempt status under the
South Dakota Workers' Compensation Law with actual knowledge is guilty of a Class 2
misdemeanor.
Section 4. That chapter 62-1 be amended by adding thereto a NEW SECTION to read as follows:
No employer or general contractor is required to accept an affidavit of exempt status as a
substitute for a certificate of workers' compensation coverage.
Signed March 10, 2015
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SUPREME COURT RULES AND ORDERS
_______________
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CHAPTER 263
SCR 15-01
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-12B-1.1 RULE 15-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 16-12B-1.1, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 16-12B-1.1 be and it is hereby amended to read in its entirety as follows:
16-12B-1.1. Number of magistrate judges.The number of magistrate judges in the judicial
circuits established by § 16-5-1.2 is fixed as follows:
(1) First Circuit: Two full-time magistrate judges;
(2) Second Circuit: Four full-time magistrate judges;
(3) Third Circuit: One full-time magistrate judge;
(4) Fourth Circuit: One full-time and one part-time magistrate judge;
(5) Fifth Circuit: One full-time magistrate judge; and
(6) Sixth Circuit: One full-time magistrate judge; and
(7) Seventh Circuit:
Three Four full-time magistrate judges.
IT IS FURTHER ORDERED that this rule shall become effective immediately.
DATED at Pierre, South Dakota, this 16th day of January, 2015.
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CHAPTER 264
SCR 15-02
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-12-30 RULE 15-02
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 15-12-30, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-12-30 be and it is hereby amended to read in its entirety as follows:
15-12-30. Filing of affidavit--Number of copies required--Certification by clerk of courts.The
affidavit for change of circuit judge or magistrate shall be filed in triplicate with the clerk of the
circuit court of the county in which the action is pending. Unless the presiding judge of the circuit
court involved has otherwise provided by order or rule to the contrary, the clerk shall forthwith
prepare and cause to be delivered to the presiding judge of his circuit a statement complying with
subdivision 15-12-34(3) together with a certified copy of such affidavit. Such clerk shall also
forthwith deliver a certified copy of such affidavit to the judge or magistrate referred to in said
affidavit, or if such judge or magistrate be not then in the county, by registered or certified mail.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
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CHAPTER 265
SCR 15-03
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-15-9 RULE 15-03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 15-15-9, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-15-9 be and it is hereby amended to read in its entirety as follows:
15-15-9. Content of record.The record of any hearing, court trial or jury trial conducted by or on
behalf of the Unified Judicial System shall consist of the transcript prepared by an official court
reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the
exhibits offered in evidence and jury instructions. This rule shall not apply to child support referee
hearings.
The reporter shall transcribe and certify such parts of the record of the proceedings as may be
required by any rule or order of the court. Upon the request of any party to any proceeding which has
been so recorded, who has agreed to pay any applicable fee for such transcription, the reporter shall
file an electronic transcript with the clerk of court upon completion and transmit a paper or electronic
copy to the requesting party. The court may request that an additional paper copy of the transcript
be filed with the clerk of court.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
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CHAPTER 266
SCR 15-04
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 TO BE DESIGNATED AT
SDCL CH. 15-15 RULE 15-04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the adoption of a
new rule to be designated at SDCL Ch. 15-15 relating to transcripts, and the Court having considered
the proposed rule thereto and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to transcripts be and it is hereby adopted to
read in its entirety as follows:
15-15-10. Temporary sealing of transcript.The clerk of court shall file the transcript in the court
record. The transcript shall be sealed for a period of ninety days from the date filed unless otherwise
ordered by the court. During this time period, any copy of such transcript shall be obtained from the
court reporter or transcriber at the rate provided by existing law.
Following the expiration of such period of time, unless otherwise sealed or declared confidential
by court order or existing law, the filed transcript will be available for public inspection and copying
through the clerk of courts office or through any other means of electronic court record access.
Reproduction of the transcript may be provided on the same terms and conditions as any other
document in the court record.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
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CHAPTER 267
SCR 15-05
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 TO BE DESIGNATED AT
SDCL CH. 15-15 RULE 15-05
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the adoption of a
new rule to be designated at SDCL Ch. 15-15 relating to transcripts, and the Court having considered
the proposed rule thereto and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to transcripts be and it is hereby adopted to
read in its entirety as follows:
15-15-11. Request to prohibit public access to information in transcript--Filing under seal or with
redaction of information.A request to prohibit public access to certain information in a transcript
shall be governed by § 15-15A-13. The court may order that any transcript be filed under seal or may
require the redaction of information contained in the transcript for good cause shown. In the event
of redaction, an unredacted version shall also be filed with the court under seal. During the ninety
day period, or for such period of time as may be extended by the court pursuant to § 15-15-10, the
parties to the case shall review the transcript to identify any items contained therein that should not
be accessible to the public pursuant to court order or existing law. If such information exists, the
parties shall move for the court to have that information protected in the public record. It shall not
be the responsibility of the reporter when preparing a transcript to redact information unless a request
has been made in advance to redact specific information by the parties or the court.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file >Y:\LMDATA\SESSIONS\90-2015\SESSIO~1\268.wpd
CHAPTER 268
SCR 15-06
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 TO BE DESIGNATED AT
SDCL CH. 15-15 RULE 15-06
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the adoption of a
new rule to be designated at SDCL Ch. 15-15 relating to transcripts, and the Court having considered
the proposed rule thereto and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to transcripts be and it is hereby adopted to
read in its entirety as follows:
15-15-12. Transcript of voir dire proceeding only available for inspection at courthouse. In order
to protect the confidentiality of private juror information the transcript of any voir dire proceeding
shall not be made available to the public except through inspection at the courthouse unless
otherwise ordered by the court.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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CHAPTER 269
SCR 15-07
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-15A-8 RULE 15-07
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 15-15A-8, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-15A-8 be and it is hereby amended to read in its entirety as follows:
15-15A-8. Confidential numbers and financial documents excluded from public access.The
following information in a court record is not accessible to the public.
(1) Social security numbers, employer or taxpayer identification numbers, and financial or
medical account numbers of a party or party's child an individual.
(2) Financial documents such as income tax returns, W-2's and schedules, wage stubs, credit
card statements, financial institution statements, credit card account statements, check
registers, and other financial information.
(3) The name of any minor child alleged to be the victim of a crime in any adult criminal
proceeding.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file BY:\LMDATA\SESSIONS\90-2015\SESSIO~1\270.wpd
CHAPTER 270
SCR 15-08
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-15A-9 RULE 15-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 15-15A-9, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-15A-9 be and it is hereby amended to read in its entirety as follows:
15-15A-9. Filing confidential number and financial documents in the court record.
(1) Social security numbers, employer or taxpayer identification numbers, and financial or
medical account numbers of a party or party's child an individual, where required to be
filed with the court shall be submitted on a separate Confidential Information Form,
appended to these rules, and filed with the pleading or other document required to be
filed. The Confidential Information Form is not accessible to the public.
(2) Financial documents named in subdivision 15-15A-8(2) that are required to be filed with
the court shall be submitted as a confidential document and designated as such to the clerk
upon filing. The Confidential Financial Documents Information Form appended to these
rules shall be attached to financial documents being filed with the court. The Confidential
Financial Documents Information Form is not accessible to the public. The confidential
financial documents will not be publicly accessible, even if admitted as a trial or hearing
exhibit, unless the court permits access pursuant to § 15-15A-10. The court may, on its
own motion, protect financial documents that have been submitted without the
Confidential Financial Documents Information Form.
(3) Names of any minor child alleged to be the victim of a crime in any adult criminal
proceeding shall appear as initials only. The names shall be provided on a separate
Confidential Information Form.
(4) Parties with cases filed prior to the effective date of this rule, or the court on its own, may,
by motion, protect the privacy of confidential information as defined in § 15-15A-8.
Parties filing this motion will submit a completed Confidential Information Form or
Confidential Financial Documents Information Form as appropriate.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file DY:\LMDATA\SESSIONS\90-2015\SESSIO~1\271.wpd
CHAPTER 271
SCR 15-09
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 15-09
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, 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 § 16-16-7.6, 16-16-12.1, or §§ 16-16-12.3 and 16-16-12.4 shall be required to pass satisfactorily an examination conducted by the 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.
An applicant for admission who is a graduate of a foreign law school, not accredited by the
American Bar Association, may apply for permission to take the South Dakota bar examination upon
good cause shown if the graduate has passed the bar examination in another state and is a member
in good standing of the bar of that state.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file FY:\LMDATA\SESSIONS\90-2015\SESSIO~1\272.wpd
CHAPTER 272
SCR 15-10
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-12.1 RULE 15-10
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 16-16-12.1, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 16-16-12.1 be and it is hereby amended to read in its entirety as follows:
16-16-12.1. Admission without examination--Eligibility by practice.An applicant may be eligible
for admission without examination if the applicant:
(a) Meets the requirements of § 16-16-2;
(b) Furnishes satisfactory evidence of graduation from a law school accredited by the
American Bar Association, and;
(c) Provides documentary evidence showing that for the last five (5) years immediately
preceding the application for admission without examination, the applicant, as principal
occupation, has been actively, continuously, and lawfully engaged in the practice of law,
in a state or states that allow South Dakota attorneys substantially similar admission
without examination, as:
(1) A sole practitioner;
(2) A member of a law firm, professional corporation or association;
(3) A judge in a court of record;
(4) An attorney for any local or state governmental entity;
(5) Inside counsel for a corporation, agency, association or trust department; and/or,
(6) An attorney with the federal government or a federal governmental agency
including service as a member of the Judge Advocate General Department of one
of the military branches of the United States.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file HY:\LMDATA\SESSIONS\90-2015\SESSIO~1\273.wpd
CHAPTER 273
SCR 15-11
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-12.2 RULE 15-11
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the
amendment of SDCL 16-16-12.2, and the Court having considered the proposed amendment thereto
and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-16-12.2 be and it is hereby amended to read in its entirety as
follows:
16-16-12.2. Admission without examination--Application requirements.The application
for admission without examination shall be filed with the secretary of the board of bar examiners in
such form as the board shall prescribe. The failure of an applicant to furnish information or answer
truthfully interrogatories of the board pertinent to the application may result in denial of the
application. The application shall be accompanied by:
(a) The applicable fees;
(b) The criminal background check required by § 16-16-2.6;
(c) A certified copy of the application for admission to the bar in each jurisdiction in which
the applicant has previously been admitted to practice law;
(d) A certification of admission to practice by the admitting authority in each jurisdiction that
the applicant identified in (c) as having admitted the applicant to the bar;
(e) A certification from the proper authority in each jurisdiction where the applicant has been
admitted stating that the applicant is in good standing;
(f) A certification by the attorney disciplinary authority in each jurisdiction where the
applicant has been admitted to the bar of the applicant's disciplinary history and indicating
whether the applicant is the subject of a pending complaint or charge of misconduct;
(g) A report of the National Conference of Bar Examiners as to the applicant's character; and
(h) A copy of the rule in the state or states in which the applicant has been practicing law
which allows South Dakota attorneys substantially similar admission without
examination.
To the extent that the state
has or states that allow South Dakota attorneys substantially similar
admission without examination have additional requirements for South Dakota lawyers seeking
admission without examination, the board of bar examiners may impose the same additional
requirements for applicants seeking admission in South Dakota without examination.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file JY:\LMDATA\SESSIONS\90-2015\SESSIO~1\274.wpd
CHAPTER 274
SCR 15-12
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 THE REGULATIONS
OF THE BOARD OF BAR EXAMINERS OF
THE STATE OF SOUTH DAKOTA RULE 15-12
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the adoption of a
new rule relating to the Regulations of the Board of Bar Examiners of the State of South Dakota, and
the Court having considered the proposed rule thereto and being fully advised in the premises, now,
therefore, it is
ORDERED that the Regulations of the Board of Bar Examiners of the State of South Dakota be
and they are hereby amended to include the following:
APPENDIX TO CHAPTER 16-16
REGULATIONS OF BOARD OF BAR EXAMINERS
OF
THE 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.
8. 9. Appeal.
8.1. 9.1. 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 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 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 § 16-16-7.6, 16-16-12.1, or 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 essay questions. 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 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 bar examination is comprised of three portions:
(A) The combined MPT, MEE, and Indian law portion,
(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 § 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 administered in a jurisdiction other than South Dakota if taken within two years prior to the
next scheduled examination, if the score on the MBE is a scaled score of 135 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
Applicants to law school and first- or second-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 hinder or preclude later admission. The Board will report its
findings to the registrant. The Board's findings are both preliminary and non-binding in nature.
Additionally, the findings will not constitute permission to take the bar examination or a waiver of
the consideration of facts or conduct that are either later discovered or occur after the Board's review
under this rule.
7. 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, MEE and Indian Law Question are given Tuesday; the MBE is given
on Wednesday.
The MPRE is given in March, August, and November.
Notice of the times and places shall be given to each applicant at the time of granting permission
to take such examinations.
8. 9. 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 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.
8.1. 9.1 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 § 16-16-16.
NOTE: Applications for admission to practice law may be obtained from the Secretary, State Board
of Bar Examiners, State Capitol, 500 East Capitol Avenue, Pierre, South Dakota 57501.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file LY:\LMDATA\SESSIONS\90-2015\SESSIO~1\275.wpd
CHAPTER 275
SCR 15-13
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-48-19(1) RULE 15-13
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 23A-48-19(1), and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 23A-48-19(1) be and it is hereby amended to read in its entirety as
follows:
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.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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Start Included file NY:\LMDATA\SESSIONS\90-2015\SESSIO~1\276.wpd
CHAPTER 276
SCR 15-14
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 RELATING TO RISK
ASSESSMENT INSTRUMENT FOR
STATEWIDE USE RULE 15-14
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2015, at Pierre, South Dakota, relating to the adoption of a
new rule relating to adopting a risk assessment instrument for statewide use, and the Court having
considered the proposed rule thereto and being fully advised in the premises, now, therefore, it is
ORDERED that the adoption of a new rule relating to a risk assessment instrument for statewide
use be and it is hereby adopted to read in its entirety as follows:
26-8C-3.1. Risk assessment instrument for statewide use.(a) Generally, juveniles should only be
held in secure detention when less restrictive placement alternatives are not appropriate. The
standardized South Dakota JDAI Risk Assessment Instrument (RAI) is an objective tool used to
assess a variety of risk factors relative to the likelihood that a juvenile will appear in court or
re-offend on a delinquent act prior to his/her court appearance. The RAI is based upon best practice
standards that have been tested and implemented in other JDAI jurisdictions across the nation. The
overall risk score is a guide in making the initial decision whether to detain in secure detention,
utilize an alternative to secure detention, or release with or without conditions pending hearing.
(b) As per the authority designated in subdivision 26-7A-1(20), the presiding judge in each
circuit shall appoint juvenile detention staff or juvenile reception and intake center staff to serve as
intake officers.
(c) The State Court Administrator's Office shall provide statewide training on use of the RAI.
After the completion of RAI training, all appointed intake officers shall complete the RAI on all
detention intakes to distinguish between juveniles who are likely to abscond or commit new crimes
and those who are not.
(d) The State Court Administrator's Office shall compile the following data to be collected by
any court appointed intake officer: the number of juveniles detained and released shall be reported
along with each juvenile's gender, race, ethnicity, age, and offense as well as all assessment
information including staff decision, overrides, and program information.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2015.
DATED at Pierre, South Dakota, this 12th day of March, 2015.
_______________
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EXECUTIVE ORDERS
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CHAPTER 277
EXO 2015-01
EXECUTIVE ORDERS
EXECUTIVE REORGANIZATION ORDER 2015-01
WHEREAS, Article IV, Section 8, of the constitution of the state of South Dakota provides that,
"Except as to elected constitutional officers, the Governor may make such changes in the
organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of
their functions, powers and duties, as he considers necessary for efficient administration. If such
changes affect existing law, they shall be set forth in executive orders, which shall be submitted to
the Legislature within five legislative days after it convenes, and shall become effective, and shall
have the force of law, within ninety days after submission, unless disapproved by a resolution
concurred in by a majority of all the members of either house"; and
WHEREAS, this executive order has been submitted to the 90th Legislative Assembly on the
5th legislative day, being the 20th day of January, 2015;
IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of state
government be reorganized to comply with the following sections of this order.
GENERAL PROVISIONS
Section 1. This executive order shall be known and may be cited as the "Executive
Reorganization Order 2015-01".
Section 2. Any agency not enumerated in this order, but established by law within another agency
which is transferred to a principal department under this order, shall also be transferred in its current
form to the same principal department and its functions shall be allocated between itself and the
principal department as they are now allocated between itself and the agency within which it is
established.
Section 3. "Agency" as used in this order shall mean any board, authority, commission,
department, bureau, division or any other unit or organization of state government.
Section 4. "Function" as used in this order shall mean any authority, power, responsibility, duty
or activity of an agency, whether or not specifically provided for by law.
Section 5. Unless otherwise provided by this order, division directors shall be appointed by the
head of the department or bureau of which the division is a part, and shall be removable at the
pleasure of the department or bureau head, provided, however, that both the appointment and
removal of division directors shall be subject to approval by the Governor.
Section 6. It is the intent of this order not to repeal or amend any laws relating to functions
performed by an agency, unless the intent is specifically expressed in this order or unless there is an
irreconcilable conflict between this order and those laws.
Section 7. If a part of this order is invalid, all valid parts that are severable from the invalid part
remain in effect. If a part of this order is invalid in one or more of its applications, the part remains
in effect in all valid applications.
Section 8. Except when inconsistent with the other provisions of this order all rules, regulations
and standards of the agencies involved in executive reorganization in effect on the effective date of
this order, shall continue with full force and effect until they are specifically altered, amended, or
revoked in the manner provided by law, unless the statutory authority for such rules is superseded
by this order.
Section 9. It is hereby declared that the sections, clauses, sentences and parts of this executive
order are severable, are not matters of mutual essential inducement, and any of them may be excised
by any court of competent jurisdiction if any section, clause, sentence or part of this executive order
would otherwise be unconstitutional or ineffective.
Section 10. In the event that it has been determined that a function of a transferred agency, which
has not been eliminated by this order, and its associated records, personnel, equipment, facilities,
unexpended balances or appropriations, allocations or other funds have not been clearly allocated
to an agency, the Governor shall specify by interim procedures the allocation of the function and its
associated resources. At the next legislative session following the issuance of such interim
procedures, the Governor shall make recommendations concerning the proper allocation of the
functions of transferred agencies which are not clearly allocated by this order. Any interim
procedures issued in conjunction with this section shall be filed with the secretary of state.
Section 11. The rights, privileges and duties of the holders of bonds and other obligations issued,
and of the parties to contracts, leases, indentures, and other transactions entered into, before the
effective date of this order, by the state or by any agency, officer, or employee thereof, and covenants
and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties,
covenants, or agreements are impaired or diminished by abolition of an agency in this order. The
agency to which functions of another agency are transferred is substituted for that agency and
succeeds to its rights and leases, indentures, and other transactions.
Section 12. No judicial or administrative suit, action or other proceeding lawfully commenced
before the effective date of this order by or against any agency or any officer of the state, in his
official capacity or in relation to the discharge of his official duties, shall abate or be affected by
reason of the taking effect of any reorganization under the provisions of this order. The court may
allow the suit, action or other proceeding to be maintained by or against the successor of any agency
or any officer affected by this order.
Section 13. If any part of this order is ruled to be in conflict with federal requirements which are
a prescribed condition to the receipt of federal aid by the state, an agency or a political subdivision,
that part of this order has no effect and the Governor may by executive order make necessary
changes to this order to receive federal aid, and the changes will remain in effect until the last
legislative day of the next legislative session or until the Legislature completes legislation addressed
to the same question, whichever comes first.
Section 14. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative
Research Council are requested to make the name and title changes necessary to correlate and
integrate the organizational changes made by this Executive Reorganization Order into the South
Dakota Codified Laws.
Section 15. Any provisions of law in conflict with this order are superseded.
Section 16. Whenever a function is transferred by this order, all personnel, records, property,
unexpended balances of appropriations, allocations or other funds utilized in performing the function
are also transferred by this order.
Section 17. The effective date of this Executive Reorganization Order #2015-01 shall be ninety
days after its submission to the Legislature.
Office of History and South Dakota State Historical Society Combined
and Transferred to the Department of Education
Section 18. The Office of History and its functions established in chapters 1-18, 1-18B, 1-18C,
1-19, 1-19A, and 1-19B, are hereby transferred to the State Historical Society.
Section 19. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative
Research Council are requested to amend the following sections by deleting references to "Office
of History" or "office" and inserting "State Historical Society."
1-18-2; 1-18-31.2; 1-18B-9; 1-18B-11; 1-18B-12; 1-18B-13; 1-18C-2; 1-19-2.1; 1-19-6; 1-19A-3;
1-19A-4; 1-19A-5; 1-19A-6; 1-19A-7; 1-19A-8; 1-19A-9; 1-19A-10; 1-19A-11; 1-19A-11.1;
1-19A-12; 1-19A-13; 1-19A-13.1; 1-19A-14; 1-19A-15; 1-19A-16; 1-19A-17; 1-19A-19; 1-19B-8;
1-45-23; 34-27-31
Section 20. The State Historical Society created pursuant to chapter 1-18 and its functions are
hereby transferred to the Department of Education.
Section 21. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative
Research Council are requested to amend the following sections by deleting references to the
"Department of Tourism" or the Secretary of "Tourism" and inserting the "Department of Education"
or the Secretary of "Education" as appropriate.
1-18-2; 1-18-2.2; 1-18-3; 1-18-20; 1-18-32.1; 1-18C-2; 1-18C-3; 1-18C-6; 1-19-2.1; 1-19B-8;
1-20-19; 1-20-20
Section 22. That § 1-18-2.1 be repealed.
1-18-2.1. The Office of History shall perform all the functions of the following former agencies:
(1) The Department of History, created by chapter 1-18; and
(2) The Verendrye Memorial Commission, created by chapter 1-19.
Section 23. That § 1-18B-1 be amended to read as follows:
1-18B-1. Terms The term "board," as used in this chapter mean means
(1) "Board," the State Historical Society Board of Trustees provided for by § 1-18-12.2; and
(2) "Office," the Office of History within the Department of Tourism.
Section 24. That § 1-18B-10 be amended to read as follows:
1-18B-10. A duly certified copy of any paper, document, article, or advertisement in the custody
of the Cultural Preservation Office State Historical Society made and certified by an executive
officer thereof may be accepted as prima facie evidence of the contents thereof in any court or
proceeding in this state.
Section 25. That § 1-19A-2 be amended to read as follows:
1-19A-2. Definition of terms. Terms used in this chapter mean:
(1) "Board," the State Historical Society Board of Trustees established by § 1-18-12.2;
(2) "Historic preservation," the research, protection, restoration, and rehabilitation of districts,
sites, buildings, structures, and objects significant in the history, architecture, archaeology,
paleontology, or culture of the state;
(3) "Historic property," any building, structure, object, district, area, or site that is significant
in the history, architecture, archaeology, paleontology, or culture of the state, its
communities or the nation;
(4) "Office" or "Office of History," the Office of History of the Department of Tourism;
(5) (4) "Rehabilitation," returning property to a state of utility, through expansion,
addition, repair, or alteration, which makes possible an efficient contemporary use
while retaining those portions of the property, which qualify such property for
placement on the state register of historic places;
(6) (5) "Restoration," the repair or replacement of historically significant features which
qualify a structure or object for recognition by the state register of historic places.
Section 26. That § 1-52-2 be amended to read as follows:
1-52-2. The Department of Tourism and State Development is abolished. The position of
secretary of tourism and state development is abolished. The following functions of the former
Department of Tourism and State Development are transferred to the Department of Tourism:
(1) Office of Tourism;
(2) Board of Tourism;
(3) Office of History;
(4) State Historical Society Board of Trustees;
(5) (3) State Arts Council; and
such other tourism related functions as the Governor shall direct.
The secretary of the Department of Tourism shall perform the functions of the former secretary
of the Department of Tourism and State Development related to tourism
Section 27. That § 1-52-9 be repealed.
1-52-9. The Office of History and its functions are transferred to the Department of Tourism. The
secretary of the Department of Tourism shall perform the functions of the former secretary of the
Department of Tourism and State Development, relating to the Office of History.
Section 28. That § 13-57-6.1 be amended to read as follows:
13-57-6.1. The museum at the University of South Dakota shall continue within the Cultural
Preservation Office of the Division of Cultural Affairs State Historical Society of the Department
of Education, and all its functions shall be performed by the cultural preservation office State
Historical Society as provided by § 1-45-23.
Cultural Heritage Center Transferred to the Department of Education
Section 29. The functions of the Cultural Heritage Center are hereby transferred from the
Department of Tourism to the Department of Education.
Section 30. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative
Research Council are requested to amend the following sections by deleting references to the
"Department of Tourism" or the Secretary of "Tourism" and inserting the "Department of Education"
or the Secretary of "Education" as appropriate.
5-15-49
Section 31. That § 1-52-8 be repealed:
1-52-8. The Cultural Heritage Center, and its functions are transferred to the Department of
Tourism. The secretary of the Department of Tourism shall perform the functions of the former
secretary of the Department of Tourism and State Development, relating to the Cultural Heritage
Center.
Office of Emergency Medical Services Transferred
from the Department of Public Safety to the Department of Health
Section 32. The Office of Emergency Medical Services is hereby transferred from the
Department of Public Safety to the Department of Health. The Secretary of the Department of Health
shall perform the functions of the Secretary of the Department of Public Safety relating to the Office
of Emergency Medical Services.
Section 33. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative
Research Council are requested to amend the following sections by deleting references to the
"Department of Public Safety" or the Secretary of "Public Safety" and inserting the "Department of
Health" or the Secretary of "Health" as appropriate.
34-11-2; 34-11-5; 34-11-6; 34-11-6.1; 34-11-6.2; 34-11-6.3; 34-11-6.4; 34-11-8; 34-11-11;
34-11A-23; 34-12F-3; 36-4B-1; 36-4B-10; 36-4B-35
Section 34. That § 1-51-5 be repealed.
1-51-5. The Office of Emergency Medical Services, Department of Health, and its functions
are transferred to the Department of Public Safety created by Executive Reorganization Order
2003-01. The secretary of the Department of Public Safety shall perform the functions of the
secretary of the Department of Health, relating to the Office of Emergency Medical Services.
Section 35. That subdivision (2A) of § 32-6B-1 be amended to read as follows:
(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 or the Department of Health;
Section 36. That subdivision (2) of § 32-14-1 be amended to read as follows:
(2) "Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an
ambulance or emergency vehicle of a municipal department or public service corporation
that is designated or authorized by the department or the Department of Health, and an
emergency vehicle titled to a local organization for emergency management created
pursuant to chapter 34-48A;
Bottle Water Quality Regulation and Oversight Transferred
from the Department of Public Safety to the
Department of Environment and Natural Resources
Section 37. The authority to regulate bottled water quality pursuant to sections 39-1-1.1, 39-1-4,
and 39-1-5 is hereby transferred from the Department of Public Safety to the Department of
Environment and Natural Resources. The Secretary of the Department of Environment and Natural
Resources shall perform the functions of the Secretary of the Department of Public Safety relating
to the regulation of bottled water quality.
Section 38. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative
Research Council are requested to transfer the existing administrative rules relating bottled water
quality in chapter 20:01:11 to the department of environment and natural resources.
Section 39. That section 39-1-1.1, be amended to read as follows:
39-1-1.1. The Division of Commercial Inspection and Licensing Legal and Regulatory Services
of the Department of Public Safety shall perform the functions previously performed by the
Department of Agriculture pursuant to chapters 39-4 and 39-13, except the authority to regulate
bottled water quality which the Department of Environment and Natural Resources shall perform.
Section 40. That section 39-1-4, be amended to read as follows:
39-1-4. The secretary of agriculture may, except as provided by § 39-1-1.1, adopt such rules as
may be necessary for the proper and effective enforcement of this title. All such rules shall become
effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of agriculture
adopted pursuant to this section may be enforced by proper legal procedure in court.
The secretary of environment and natural resources may adopt such rules as may be necessary
for the proper and effective enforcement relating to bottled water quality. All such rules shall become
effective in conformity with chapter 1-26. The failure to obey any rule of the secretary of
environment and natural resources adopted pursuant to this section may be enforced by proper legal
procedure in court.
Section 41. That section 39-1-5, be amended to read as follows:
39-1-5. The secretary of agriculture, or the secretary of public safety, or the secretary of
environment and natural resources when performing the functions described in § 39-1-1.1, may,
when in his judgment such action will promote honesty and fair dealing in the interest of consumers,
adopt rules establishing for any food, under its common or usual name so far as practicable, a
reasonable standard of identity and purity. If a standard for a food has been established by the
administrator of the Federal Food, Drug, and Cosmetic Act of 1938, the secretary of agriculture, or
the secretary of public safety, or the secretary of environment and natural resources shall adopt that
standard for this state. The standards shall become effective in conformity with chapter 1-26. An
article of food which does not conform to the such standards is adulterated or misbranded as the case
may be.
Section 42. That section 39-4-1, be amended to read as follows:
39-4-1. The word "food" as used in this title shall include all substances used as food, drink,
confectionery, or condiment by man or other animals, whether simple, mixed, or compound, and all
substances or ingredients to be added to foods for any purpose. For the purposes of this chapter, the
word "food" specifically includes bottled water for sale to the public, the quality of which is
regulated by the secretary of environment and natural resources as provided for under this chapter.
Dated this 20th day of January, 2015
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2014 INITIATED MEASURES
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CHAPTER 278
Initiated Measure 17
Patient choice in selection of health care provider.
58-17J-1. Definitions.Terms used in this chapter mean:
(1) "Health benefit plan," any hospital or medical expense policy or certificate, hospital or
medical service plan, nonprofit hospital, medical-surgical health service corporation
contract or certificate, provider sponsored integrated health delivery network, self-insured
plan or plan provided by multiple employer welfare arrangements, health maintenance
organization subscriber contract of more than six-month duration, or any health benefit
plan that affects the rights of a South Dakota insured and bears a reasonable relation to
South Dakota, whether delivered or issued for delivery in South Dakota. The term does
not include specified disease, hospital indemnity, fixed indemnity, accident only, credit,
dental, vision, Medicare supplement, long-term care or disability income insurance,
coverage issued as a supplement to liability insurance, workers' compensation or similar
insurance, automobile medical payment insurance, or any plan or coverage exempted
from state regulation by the Employee Retirement Income Security Act of 1974 (ERISA),
29 U.S.C. 18;
(2) "Health insurer," any entity within the definitions set forth in subdivisions 58-17F-1(11),
(12), and (15), any entity offering a health benefit plan as defined by § 58-17F-2, all self-insurers or multiple employer welfare arrangements, and self-insured employer-organized
associations. The term does not include any entity exempted from state regulation by the
Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 18;
(3) "Health care provider," any individual or entity within the scope of the definition of health
care provider as defined by subdivision 58-17F-1(9).
58-17J-2. Patient choice--Health care provider participation.No health insurer, including the
South Dakota Medicaid program, may obstruct patient choice by excluding a health care provider
licensed under the laws of this state from participating on the health insurer's panel of providers if
the provider is located within the geographic coverage area of the health benefit plan and is willing
and fully qualified to meet the terms and conditions of participation as established by the health
insurer.
Initiated Measure 17, eff. November 13, 2014
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CHAPTER 279
Initiated Measure 18
Minimum wage adjustment.
60-11-3. Minimum wage--Misdemeanor--Certain employees excluded.Every employer shall pay
to each employee wages at a rate of not less than
seven dollars and twenty-five eight dollars and fifty
cents an hour. Violation of this section is a Class 2 misdemeanor. The provisions of this section do
not apply to certain employees being paid an opportunity wage pursuant to § 60-11-4.1, babysitters,
or outside salespersons. The provisions of this section also do not apply to employees employed by
an amusement or recreational establishment, an organized camp, or a religious or nonprofit
educational conference center if one of the following apply:
(1) The establishment, camp, or center does not operate for more than seven months in any
calendar year; or
(2) During the preceding calendar year, the average receipts of the establishment, camp, or
center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
60-11-3.1. Minimum wage for tipped employees--Tips credited toward minimum wage--Certain
persons excluded.Any employer of a tipped employee shall pay a cash wage of not less than
two
dollars and thirteen cents and hour fifty percent of the minimum wage provided by § 60-11-3 if the
employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips
combined with the employer's cash wage of not less than
two dollars and thirteen cents an hour fifty
percent of the minimum wage provided by § 60-11-3 do not equal the minimum wage, the employer
shall make up the difference as additional wages for each regular pay period of the employer. A
tipped employee is one engaged in an occupation in which the employee customarily and regularly
receives more than thirty-five dollars a month in tips or other considerations. This section does not
apply to babysitters or outside salespersons. This section also does not apply to employees employed
by an amusement or recreational establishment, an organized camp, or a religious or nonprofit
educational conference center if one of the following apply:
(1) The establishment, camp, or center does not operate for more than seven months in any
calendar year; or
(2) During the preceding calendar year, the average receipts of the establishment, camp, or
center for any six months of the calendar year were not more than thirty-three and one-third percent of its average receipts for the other six months of the year.
60-11-3.2. Annual minimum wage adjustment.Beginning January 1, 2016, and again on January
1 of each year thereafter, the minimum wage provided by § 60-11-3 shall be adjusted by the increase,
if any, in the cost of living. The increase in the cost of living shall be measured by the percentage
increase as of August of the immediately preceding year over the level as measured as of August of
the previous year of the Consumer Price Index (all urban consumers, U.S. city average for all items)
or its successor index as published by the U.S. Department of Labor or its successor agency, with
the amount of the minimum wage increase, if any, rounded up to the nearest five cents. In no case
shall the minimum wage be decreased. The Secretary of the South Dakota Department of Labor and
Regulation or its designee shall publish the adjusted minimum wage rate for the forthcoming year
on its internet home page by October 15 of each year, and it shall become effective on January 1 of
the forthcoming year.
Initiated Measure 18, eff. January 1, 2015
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