STATE AFFAIRS AND GOVERNMENT
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CHAPTER 1
(HB 1065)
Civilian Conservation Corps Museum of South Dakota.
ENTITLED, An Act to designate the Civilian Conservation Corps Museum of South Dakota in Hill
City as the official Civilian Conservation Corps Museum of South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 1-6 be amended by adding a NEW SECTION to read:
The Civilian Conservation Corps Museum in Hill City is hereby designated as the official
Civilian Conservation Corps Museum of South Dakota. No state funds may be provided for the
operation or maintenance of the museum.
Signed March 7, 2016
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CHAPTER 2
(SB 49)
Secretary of State fees revised and an appropriation.
ENTITLED, An Act to revise certain fees collected by the secretary of state to make an appropriation
for an online business registration and filing system, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
If a document, statement, or report is filed in the Office of the Secretary of State pursuant to
§§ 47-1A-122, 47-28-6, 47-34A-212, 48-7-206.1, and 48-7A-1208 and the document, statement, or
report is not filed electronically, but is able to be filed electronically and is allowed to be filed
electronically, an additional fee of fifteen dollars shall be collected. The fee collected pursuant to this
section shall be deposited in the general fund.
Section 2. That § 47-34A-212 be amended to read:
47-34A-212. The secretary of state shall charge and collect for:
(a) Filing the articles of organization in the case of a domestic limited liability company, a
filing fee of one hundred fifty dollars. Filing the articles of organization in the case of a
foreign limited liability company, a filing fee of seven hundred fifty dollars;
(b) Deleted by SL 2004, ch 279, § 2.
(c) A reporting fee of fifty dollars, due and payable with the filing of each annual report.
Each
entity that does not file or refuses to file its annual report within the time prescribed is
subject to a penalty of fifty dollars to be assessed by the secretary of state.
Section 3. That § 1-8-12 be amended to read:
1-8-12. The secretary of state shall charge a fee of fifty dollars for any expedited service.
Expedited service is defined as completion sooner than the normal course of business upon request.
The office shall deposit any revenue from this fee into the financing statement and annual report
filing fee fund.
Section 4. That chapter 1-8 be amended by adding a NEW SECTION to read:
The secretary of state may promulgate rules, pursuant to chapter 1-26, to establish a convenience
fee. A convenience fee means a fee charged for the privilege of being able to file by paper or pay a
fee by credit card, charge card, debit card, e-checks, or other form of electronic payment. The
maximum fee that may be charged for the privilege of being able to file by paper is twenty dollars
per filing. The maximum fee that may be charged for payment by credit card, charge card, debit card,
e-checks, or other form of electronic payment shall be three percent of the transaction amount.
Section 5. That § 47-1A-122 be amended to read:
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 before 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. Each entity that does not file or refuses to file its annual report within
the time prescribed is subject to a penalty of fifty dollars to be assessed by the secretary
of state;
(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 6. That § 48-7A-1208 be amended to read:
48-7A-1208. The provisions of § 1-8-10 notwithstanding, the fee for filing the statements and
reports provided for in the following sections with the secretary of state is as follows:
(1) Section 48-7A-303, Statement of Authority, one hundred twenty-five dollars;
(2) Section 48-7A-304, Statement of Denial, ten dollars;
(3) Section 48-7A-704, Statement of Dissociation, ten dollars;
(4) Section 48-7A-805, Statement of Dissolution, ten dollars;
(5) Section 48-7A-907, Statement of Merger, sixty dollars;
(6) Section 48-7A-1001, Statement of Qualification, one hundred twenty-five dollars;
(6A) Section 48-7A-1001, Statement of Change, ten dollars;
(7) Section 48-7A-1003, Annual Report, fifty dollars. Each limited liability partnership,
domestic or foreign, that does not file or refuses to file its annual report within the time
prescribed is subject to a penalty of fifty dollars to be assessed by the secretary of state;
(8) Section 48-7A-1001.1, Statement of Amendment, fifteen dollars;
(9) Section 48-7A-1001.2, Statement of Cancellation, ten dollars;
(10) Section 48-7A-1102, Statement of Foreign Qualification, one hundred twenty-five dollars;
(11) Section 48-7A-1102.1, Statement of Amendment of Foreign Qualification, fifteen dollars;
(12) Section 48-7A-1102.2, Statement of Cancellation, ten dollars; and
(13) Filing any other statement, ten dollars.
Section 7. That § 47-28-8 be amended to read:
47-28-8. The secretary of state shall charge and collect for furnishing a certified copy of any
document, instrument, or paper relating to a corporation, one dollar two dollars per page, and fifteen
dollars for the certificate and affixing the seal thereto.
Section 8. That § 1-8-10 be amended to read:
1-8-10. The secretary of state shall charge the following fees for services performed in the Office
of the Secretary of State and shall collect the fees in advance:
(1) For making a copy or transcript of any record, instrument, or paper on file in the office,
one dollar two dollars per page;
(2) For filing and safekeeping of any instrument or paper required by law to be filed only, ten
dollars; except the oath of office of members of the Legislature and legislative officers,
employees and governmental officers, employees and agencies, for which there is no fee;
(3) For each commission, requisition, passport, or other document, signed by the Governor
and attested by the secretary of state, under the great seal of the state, except commissions
issued for executive appointment and extraditions, and making the proper record for the
same, five dollars;
(4) For filing application, bond, and issuing commission of notary public, thirty dollars;
(5) For official certificate, attestation, and impression of the great seal, five twenty-five
dollars;
(6) For filing or recording any other instrument or document, ten dollars; and
(7) For a certified copy of any document, instrument, or paper on file in the office,
one dollar
two dollars per page and fifteen dollars for the certificate and affixing the seal.
Section 9. That § 37-11-1 be amended to read:
37-11-1. Any person regularly engaging in or conducting a business 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.
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 deposited into the financing statement and annual
report filing fee fund.
Section 10. That § 37-11-2 be amended to read:
37-11-2. A verified statement as described in § 37-11-1 shall be similarly filed upon any change
of twenty-five percent or more of the ownership interest in the business. A fee of ten dollars shall
be paid with each filing under this section. The fee shall be retained by the filing office receiving the
filing deposited into the financing statement and annual report filing fee fund.
Section 11. All fees collected by the secretary of state that are not specifically dedicated to the
financing and annual report filing fee fund or for administering the concealed carry program pursuant
to § 23-7-53 or for administering any concealed carry programs enacted by the Legislature after
2015, shall be deposited in the state general fund.
Section 12. That § 57A-9-525 be amended to read:
57A-9-525. (a) Except as otherwise provided in subsection (e), the fee for filing and indexing
a record under this part, other than an initial financing statement of the kind described in subsection
(b), is the amount specified in subsection (c), if applicable, plus:
(1) Twenty-five dollars if the record is communicated in writing and consists of one page, and
five dollars for additional pages. One dollar of this fee shall be deposited into the
financing statement and annual report filing fee fund;
(2) Twenty dollars if the record is communicated by internet. One dollar of this fee shall be
deposited into the financing statement and annual report filing fee fund; and
(3) Twenty-five dollars if the record is communicated by another medium authorized by
filing-office rule.
(b)
The secretary of state may request a fee for on-line services for UCC data images available
on a subscription basis. The office shall deposit any revenue from this fee into the financing
statement and annual report filing fee fund.
(c) Except as otherwise provided in subsection (e), the fee for filing, whether communicated in
writing, electronically, or another medium authorized by filing-office rule, and indexing an initial
financing statement of the following kind is the amount specified in subsection (c), if applicable,
plus:
(1) Forty dollars if the financing statement indicates that it is filed in connection with a
public-finance transaction;
(2) Forty dollars if the financing statement indicates that it is filed in connection with a
manufactured-home transaction.
(c)(d) Except as otherwise provided in subsection (e), if a record is communicated in writing or
electronically, the fee for each name more than one required to be indexed is three dollars.
(d)(e) The fee for responding to a request for information from the filing office, including for
issuing a certificate showing whether there is on file any financing statement naming a particular
debtor, is:
(1) Twenty dollars if the request is communicated in writing; and
(2) Ten dollars if the request is communicated by internet authorized by filing-office rule.
Upon request the filing officer shall furnish a copy of any filed financing statement or statement
of assignment for a uniform fee of one dollar per page.
(e)(f) This section does not require a fee with respect to a record of a mortgage which is effective
as a financing statement filed as a fixture filing or as a financing statement covering as-extracted
collateral or timber to be cut under § 57A-9-502(c). However, the recording and satisfaction fees that
otherwise would be applicable to the record of the mortgage apply.
Section 13. There is hereby appropriated from the general fund the sum of seven hundred sixteen
thousand dollars ($716,000), or so much thereof as may be necessary, to the secretary of state for the
purpose of purchasing and developing software for an online business registration and filing system.
Section 14. The secretary of state shall approve vouchers and the state auditor shall draw
warrants to pay expenditures authorized by section 13 of this Act.
Section 15. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 16. Whereas, sections 13 to 15, inclusive, of this Act are necessary for the support of the
state government and its existing public institutions, an emergency is hereby declared to exist, and
sections 13 to 15, inclusive, of this Act shall be in full force and effect from and after its passage and
approval.
Signed March 15, 2016
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CHAPTER 3
(HB 1187)
The Secretary of State may refuse to file certain documents.
ENTITLED, An Act to allow the Office of the Secretary of State to refuse to file certain documents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
The Office of the Secretary of State may refuse to file any document for any business entity
whether domestic or foreign, for profit or nonprofit, as provided in title 47, title 48, chapter 37-6, or
chapter 37-11 if the document contains any letter combination that carries connotations offensive
to good taste and decency, or consists of immoral, deceptive, or scandalous material.
Signed March 10, 2016
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CHAPTER 4
(SB 45)
Building South Dakota programs revised.
ENTITLED, An Act to revise certain provisions of the building South Dakota fund programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-16G-48 be amended to read:
1-16G-48. The commissioner of the Bureau of Finance and Management shall authorize and
disburse money from the building South Dakota fund for the following purposes:
(1) Twenty-five percent of the fund shall be transferred to the local infrastructure
improvement grant fund created in § 1-16G-50;
(2) Fifteen percent of the fund shall be transferred to the economic development partnership
fund created in § 1-16G-51;
(3) Thirty percent of the fund shall be transferred to the workforce education fund created in
§ 13-13-88;
(4) Twenty-five percent of the fund shall be transferred to the South Dakota housing
opportunity fund created in § 11-13-2. Disbursement of funds to the South Dakota
Housing Development Authority shall be made after South Dakota housing opportunity
funds have been obligated by the oversight commission created pursuant to § 11-13-8;
(5) Five percent of the fund shall be transferred to the revolving economic development and
initiative fund created in § 1-16G-3 for the purpose of making grants to projects that have
a total project cost of less than twenty million dollars.
The commissioner of the Bureau of Finance and Management, at the request of the commissioner
of the Governor's Office of Economic Development and the approval of the special committee
created in § 4-8A-2 or the Senate and House standing committees on appropriations meeting in joint
session, shall transfer building South Dakota fund money among the local infrastructure
improvement grant fund, the economic development partnership fund, and the revolving economic
development and initiative fund, provided the money is unobligated at the time of the request and
subsequent transfer.
Section 2. That § 11-13-5 be amended to read:
11-13-5. The South Dakota housing opportunity fund may be used to provide a grant, loan, loan
guarantee, loan subsidy and other financial assistance to an eligible applicant. Money from the fund
may be used to build, buy, and or rehabilitate affordable housing for rent or home ownership,
including single family and multifamily housing. The eligible fund activities include affordable
housing projects that consist of new construction or the purchase of rental or home ownership
housing, substantial or moderate rehabilitation of rental or home ownership housing, housing
preservation, including home repair grants and grants to make homes more accessible to individuals
with disabilities, homelessness prevention activities, as well as a community land trust. No more
than ten percent of the funds awarded may be used for the administrative costs of the South Dakota
Housing Development Authority or any entity that has received receives funding from the fund.
Section 3. That § 11-13-8 be amended to read:
11-13-8. Awards from the fund shall be made through a competitive process during the initial
an application cycle each year. Each application shall be evaluated and scored based on criteria
created by the administering agency and the oversight commission. Each applicant that is awarded
money from the fund shall be is encouraged to leverage the money for any project or program with
other public and private dollars. If there are funds available after the initial application cycle,
additional application rounds may be established. Any program income or loan payments received
shall be deposited into the fund account held by the South Dakota Housing Authority.
Section 4. That chapter 1-16G be amended by adding a NEW SECTION to read:
Before the transfer of money to any fund under § 1-16G-48, the commissioner of the Bureau of
Finance and Management shall authorize and disburse money from the building South Dakota fund
for the following purposes:
(1) An amount to pay for any contracts entered into by the Governor's Office of Economic
Development with an implementing partner to provide technical assistance to an applicant
or monitoring service for any building South Dakota fund program; and
(2) An amount to pay the administrative expenses incurred by the Governor's Office of
Economic Development for any building South Dakota fund program. The administrative
expenses are limited to the salary and benefits of any personnel directly responsible for
the administration of the programs.
Section 5. That § 1-16G-52 be amended to read:
1-16G-52. The Board of Economic Development may award funds from the economic
development partnership fund for the following purposes:
(1) To support new staff, or elevate existing part-time staff and equipment and training needs
for the purpose of developing or expanding local, community, and economic development
programs. The board may also;
(2) To support any recipient's plans to work with other entities for the purpose of developing
or expanding local, community, and economic development programs; or
(3) To award funds from the economic development partnership fund to commence or
replenish a local revolving loan fund for the purpose of developing or expanding housing,
community, and economic development programs. Areas of emphasis for funding include
creating high quality employment opportunities, repopulation, stronger economies,
housing development, business growth, support of entrepreneurship, and job creation,
expansion, and retention. When awarding funds for a revolving loan fund, the board may
give priority to an application that serves multiple communities. The board may give
additional priority to an application that leverages state funds at greater than a one-to-one
matching basis.
Signed March 15, 2016
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CHAPTER 5
(HB 1213)
State support for innovative research by South Dakota companies.
ENTITLED, An Act to create the new frontiers program to support innovative research by South
Dakota companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 1-16G be amended by adding a NEW SECTION to read:
Terms used in this Act, mean:
(1) "Board," the Board of Economic Development;
(2) "Commissioner," the commissioner of the Governor's Office of Economic Development;
(3) "Completed the program" or "completion of the program," the first date when the
program's schedule of work as outlined in the application required under section 3 of this
Act is finished. In the specific case of a clinical trial for a new pharmaceutical product or
medical device, this term means the end date of the clinical trial phase undertaken
pursuant to approval by a federal authority;
(4) "Commencement date," the first date preclinical research or clinical trial activities begin
pursuant to a program's schedule of work or the terms of an approval by a federal
authority. For a person already engaged in a program and relocating to South Dakota from
a foreign jurisdiction, commencement date means the date of first full-time occupancy of
an office or other facility located in this state;
(5) "Department," the Department of Revenue;
(6) "Federal authority," an agency or instrumentality of the United States government
authorized under law to regulate the activities of the program, including the U.S. Food
and Drug Administration and the National Institutes of Health;
(7) "GOED," the Governor's Office of Economic Development;
(8) "Person," any individual, firm, copartnership, joint venture, association, cooperative,
nonprofit development corporation, limited liability company, limited liability
partnership, corporation, estate, trust, business trust, receiver, or any group or combination
acting as a unit. The term also includes any heirs, assigns, or successors in interest thereto;
(9) "Program," a planned, sustained original research engagement into a new or adapted
method, process, product, or technology, or the testing of a new method, process, product,
or technology under approval by a federal authority, including a clinical trial for a new
pharmaceutical product or medical device;
(10) "Program cost," the amount paid by the program owner in money, credits, property, or
other consideration associated with a program including contract labor, materials,
equipment, supplies, or fees.
Section 2. That chapter 1-16G be amended by adding a NEW SECTION to read:
A person may apply for a new frontiers payment pursuant to this Act. The person shall:
(1) Timely file an application as required by section 3 of this Act;
(2) Receive a permit from GOED pursuant to section 5 of this Act;
(3) Timely file an affidavit for new frontiers payment as required by section 6 of this Act; and
(4) Comply with the provisions of this Act to qualify for the new frontiers payment.
A program with a commencement date after March 31, 2016, may receive a new frontiers
payment as provided by this Act.
Section 3. That chapter 1-16G be amended by adding a NEW SECTION to read:
Before any person receives any new frontiers payment as provided in this Act, the person shall
file an application with GOED. The application may be filed no later than thirty days after the
commencement date. No person may receive a new frontiers payment if the application is not timely
filed with GOED.
The application shall include the following information:
(1) The program owner's name and contact information;
(2) The general description of the program;
(3) The commencement date of the program;
(4) The projected date for completion of the program;
(5) A schedule of work for the program;
(6) The estimated program costs;
(7) The location of the program;
(8) A list of the anticipated contractors and subcontractors who will perform work on the
program;
(9) A copy of any approval notification by a federal authority;
(10) A commitment from the program owner to manufacture or process the product resulting
from the program in South Dakota; and
(11) Any other information that GOED may require.
The application shall be on a form prescribed by the commissioner. The application shall be
signed by the program owner under penalty of perjury. No application may include more than one
program.
Section 4. That chapter 1-16G be amended by adding a NEW SECTION to read:
The board shall review the application and make a determination of whether the program shall
be approved or disapproved. The board may approve a new frontiers payment that is equal to or less
than South Dakota sales and use tax paid on the program costs.
The board shall consider the following factors when making that determination:
(1) Is the program in an industry or sector identified by GOED as a priority for economic
development;
(2) Is the program likely to lead to future economic development or commercialization
opportunities located in South Dakota;
(3) Impact of the program on current economic activity in the community, area, and state;
(4) Extent to which program costs are subject to similar taxes in other states; and
(5) Criteria pertaining to eligible activities and economic impact established by rules
promulgated pursuant to section 12 of this Act.
Section 5. That chapter 1-16G be amended by adding a NEW SECTION to read:
Upon approval of the application by the board, GOED shall issue a permit entitling the person
to submit an affidavit for new frontiers payment as provided by section 8 of this Act. The permit and
new frontiers payment is assignable and transferable and may be used as collateral or security
pursuant to chapter 57A-9. If the initial permit holder entity reorganizes into a new entity, the new
entity shall file with GOED an amended application within sixty days of the reorganization. If either
the permit or new frontiers payment, or both, is assigned or transferred to another entity, the entity
shall file with GOED an amended application within sixty days.
Section 6. That chapter 1-16G be amended by adding a NEW SECTION to read:
Any person holding a new frontiers permit issued by GOED and completing its program shall
file an affidavit for new frontiers payment with GOED.
The affidavit for new frontiers payment shall contain the following information:
(1) The program owners' name and contact information;
(2) The general description of the program;
(3) The date of completion of the program;
(4) The final program costs;
(5) The amount of South Dakota sales tax and use tax paid for the completion of the program;
(6) The location of the program;
(7) A list of the contractors and subcontractors who performed work on the program;
(8) A copy of any approval notification by a federal authority;
(9) A commitment from the program owner to manufacture or process the product resulting
from the program in South Dakota;
(10) If the new frontiers payment was assigned or transferred, the name and address of the
person to whom the new frontiers payment has been assigned or transferred; and
(11) Any other information that GOED may require.
The affidavit for new frontiers payment shall be on a form prescribed by the commissioner. The
affidavit for new frontiers payment shall be signed by the program owner. No affidavit for new
frontiers payment may include more than one program.
Section 7. That chapter 1-16G be amended by adding a NEW SECTION to read:
The affidavit for new frontiers payment as required by section 6 of this Act shall be filed no later
than six months after the completion of the program. If the affidavit for new frontiers payment is not
timely filed, the person is ineligible for a new frontiers payment. If the person filing the affidavit for
new frontiers payment knowingly makes any material false statement or report in the affidavit for
new frontiers payment, the person is ineligible for a new frontiers payment.
No program costs that occur after eight years from the commencement date are eligible to be
included in the final program cost determination for a new frontiers payment, unless an extension
is granted at the sole discretion of the board. Any extension granted may not extend beyond twelve
years from the commencement date.
Section 8. That chapter 1-16G be amended by adding a NEW SECTION to read:
After the timely receipt of a completed affidavit for new frontiers payment, within ninety days
GOED shall make payment from the reinvestment fund established in § 1-16G-64 to the program
owner based upon the amount and terms approved by the board. If GOED requests additional
documents or information from the program owner, the ninety-day period begins to run from the date
of receipt of the additional documents or information. GOED shall tender the new frontiers payment
by electronic funds transfer.
Section 9. That chapter 1-16G be amended by adding a NEW SECTION to read:
If a person receives a new frontiers payment under section 8 of this Act for a program, but
subsequently locates the manufacture or processing of the product resulting from the program outside
of South Dakota, the person shall repay all new frontiers payments to the State of South Dakota.
Upon application by the person, the board may in its discretion waive all or part of the repayment
obligation.
The application for repayment waiver shall be on a form prescribed by the commissioner and
shall be signed by the person requesting the waiver.
Section 10. That chapter 1-16G be amended by adding a NEW SECTION to read:
The limitations on reinvestment payments imposed by § 1-16G-65 also apply to any new
frontiers payment approved by the board.
Section 11. That chapter 1-16G be amended by adding a NEW SECTION to read:
The name of any person that receives a new frontiers payment or waiver as provided by this Act,
and the amount of the new frontiers payment or waiver, is public information and shall be available
and open to public inspection as provided in § 1-27-1.
Section 12. That chapter 1-16G be amended by adding a NEW SECTION to read:
The board may promulgate rules, pursuant to chapter 1-26, concerning the procedures and forms
for applying for and receiving the new frontiers payment, the requirements necessary to qualify for
the new frontiers payment, and the criteria to evaluate programs submitting applications.
Section 13. That § 1-16G-64 be amended to read:
1-16G-64. There is hereby created the reinvestment payment fund for the
sole purpose of making
reinvestment payments pursuant to the provisions of §§ 1-16G-56 to 1-16G-68, inclusive
, and new
frontiers payments pursuant to the provisions of this Act.
If the
Board of Economic Development board approves a reinvestment payment pursuant to the
provisions of §§ 1-16G-56 to 1-16G-68, inclusive, the Department of Revenue shall deposit
into the
fund a portion or all of the sales and use taxes paid by the project owner up to a maximum amount
of the reinvestment payment approved by the board.
If the board approves a new frontiers payment pursuant to the provisions of this Act, the
Department of Revenue shall deposit into the fund a portion or all of the sales and use taxes paid by
the program owner up to a maximum amount of the new frontiers payment approved by the board.
The funds in the reinvestment project fund are continuously appropriated to GOED to make
reinvestment payments pursuant to §§ 1-16G-56 to 1-16G-68, inclusive
, and new frontiers payments
pursuant to this Act. If any money deposited in the fund and set aside for a specific reinvestment
payment
or new frontiers payment is in excess of the final reinvestment
or new frontiers payment
,
as applicable, or the specific project
or program becomes ineligible for the reinvestment
or new
frontiers payment,
as applicable, such money shall be deposited into the general fund. Interest earned
on money in the fund shall be deposited into the general fund.
Signed March 10, 2016
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CHAPTER 6
(HB 1060)
South Dakota Board on Geographic Names revised.
ENTITLED, An Act to revise certain provisions regarding the South Dakota Board on Geographic
Names.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 1-19C be amended by adding a NEW SECTION to read:
The South Dakota Board on Geographic Names may only act on a name change for a geographic
place name that has been identified by state law as being offensive or insulting, except that the board
may hold hearings to consider recommending names to the Legislature as offensive or insulting. The
board may not act on any other proposed name change. If state law identifies such a name, the board
shall follow the procedures under § 1-19C-2.1 to recommend a new or replacement name.
Signed March 25, 2016
_______________
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CHAPTER 7
(HB 1090)
Audits of insurance pooling arrangements
to be filed with the Department of Legislative Audit.
ENTITLED, An Act to require certain statements and audits concerning insurance pooling
arrangements to be filed with the Department of Legislative Audit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 1-24 be amended by adding a NEW SECTION to read:
Each pool arrangement, as defined in § 1-24-11, shall have an annual audit of its financial
statements conducted in accordance with generally accepted government auditing standards. A copy
of the audited financial statements shall be filed with the Department of Legislative Audit within
twelve months of the close of the previous fiscal year for the pool arrangement. The department shall
make audited financial statements filed pursuant to this section available to the public on the
department's website. The auditor-general may examine all financial records, related to funds
provided by the state or its political subdivisions, of any pool arrangement if deemed necessary and
in the public interest by the auditor-general.
Signed February 29, 2016
_______________
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CHAPTER 8
(HB 1146)
Agreements with tribes regarding high school equivalency tests
administered on Indian reservations.
ENTITLED, An Act to authorize the Governor to enter agreements with Indian tribes regarding the
high school equivalency tests administered on Indian reservations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
The Governor of the State of South Dakota is hereby authorized to enter into an agreement under
the provisions of this Act and chapter 1-24 with any federally recognized Indian tribe. The purpose
of any agreement entered into pursuant to this Act is to allow the Indian tribes to select the high
school equivalency test that is administered at testing sites located within the exterior boundaries of
Indian reservations within the state.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any agreement reached pursuant to section 1 of this Act shall be for a term not to exceed five
years. An agreement, however, is renewable upon expiration by the mutual consent of the parties.
Signed March 16, 2016
_______________
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CHAPTER 9
(SB 73)
Open meeting requirements expanded.
ENTITLED, An Act to clarify certain provisions regarding open meetings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-25-1 be amended to read:
1-25-1. The official meetings of the state, its political subdivisions, and any public body of the
state or its political subdivisions are open to the public unless a specific law is cited by the state, the
political subdivision, or the public body to close the official meeting to the public. For the purposes
of this section, a political subdivision or a public body of a political subdivision means any
association, authority, board, commission, committee, council, task force, school district, county,
city, town, township, or other agency of the state, which is created or appointed by statute, ordinance,
or resolution and is vested with the authority to exercise any sovereign power derived from state law.
For the purposes of this section, an official meeting is any meeting of a quorum of a public body at
which official business of that public body is discussed or decided, or public policy is formulated,
whether in person or by means of teleconference.
It is not an official meeting of one political subdivision or public body if its members provide
information or attend the official meeting of another political subdivision or public body for which
the notice requirements of § 1-25-1.1 have been met.
Any official meeting may be conducted by teleconference as defined in § 1-25-1.2. A
teleconference may be used to conduct a hearing or take final disposition regarding an administrative
rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call
conducted by teleconference for the purpose of determining a quorum. Each vote at an official
meeting held by teleconference shall be taken by roll call.
If the state, a political subdivision, or a public body conducts an official meeting by
teleconference, the state, the political subdivision, or public body shall provide one or more places
at which the public may listen to and participate in the teleconference meeting. For any official
meeting held by teleconference, which has less than a quorum of the members of the public body
participating in the meeting who are present at the location open to the public, arrangements shall
be provided for the public to listen to the meeting via telephone or internet. The requirement to
provide one or more places for the public to listen to the teleconference does not apply to an
executive or closed meeting.
If a quorum of township supervisors, road district trustees, or trustees for a municipality of the
third class meet solely for purposes of implementing previously publicly-adopted policy, carrying
out ministerial functions of that township, district, or municipality, or undertaking a factual
investigation of conditions related to public safety, the meeting is not subject to the provisions of this
chapter.
A violation of this section is a Class 2 misdemeanor.
Section 2. That § 1-25-1.2 be amended to read:
1-25-1.2. For the purposes of this chapter, a teleconference is information exchanged by any
audio or, video, or electronic medium, including the internet.
Signed March 9, 2016
_______________
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CHAPTER 10
(HB 1066)
Public notice for a meeting of a public body.
ENTITLED, An Act to revise certain provisions regarding the public notice for a meeting of a public
body.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-25-1.1 be amended to read:
1-25-1.1. All public bodies, except the state and each state board, commission, or department as
provided in section 2 of this Act, shall provide public notice, with proposed agenda, that is visible,
readable, and accessible for at least an entire, continuous twenty-four hours 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 any special or rescheduled meetings meeting, 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 any special or rescheduled meetings, all public bodies
meeting, each public body shall also comply with the public notice provisions of this section for a
regular meetings meeting to the extent that circumstances permit. A violation of this section is a
Class 2 misdemeanor.
Section 2. That chapter 1-25 be amended by adding a NEW SECTION to read:
The state and each state board, commission, or department shall provide public notice, with
proposed agenda, that is visible, readable, and accessible to the public for at least two continuous
days, as that time period is computed pursuant to § 15-6-6(a), immediately preceding any meeting,
by posting a copy of the notice 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
any special or rescheduled meeting, 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
any special or rescheduled meeting, each public body shall also comply with the public notice
provisions of this section for a regular meeting to the extent that circumstances permit. A violation
of this section is a Class 2 misdemeanor.
Signed February 18, 2016
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CHAPTER 11
(SB 90)
The public may record public meetings.
ENTITLED, An Act to ensure that members of the public are able to access and record public
meetings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 1-25 be amended by adding a NEW SECTION to read:
No state, political subdivision, or public body may prevent a person from recording, through
audio or video technology, a public meeting that is open to the public as long as the recording is
reasonable, obvious, and not disruptive.
Signed March 15, 2016
_______________
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CHAPTER 12
(SB 104)
Rules to be reviewed before filing with the Secretary of State.
ENTITLED, An Act to set the time period for when an agency may promulgate rules.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-26-4.3 be amended to read:
1-26-4.3. No permanent rule may be adopted if more than seventy-five days have passed from
the date the public hearing on the rule commenced. The agency shall appear before filed with the
secretary of state without the review of the rule by the Interim Rules Review Committee and present
the proposed permanent rule to the committee within the seventy-five-day period before the rule is
filed with the secretary of state. If the Interim Rules Review Committee fails to meet on the proposed
permanent rule during the seventy-five-day period, and if the agency has complied with subdivisions
1-26-6(1) to 1-26-6(4), inclusive, the agency may complete the rules adoption process by complying
with subdivision 1-26-6(5) notwithstanding subdivision 1-26-6(6). No permanent rule may be filed
with the secretary of state if more than sixty days have passed from the date the Interim Rules
Review Committee adopts a motion that the rule-making process is complete. No emergency rule
may be adopted if more than thirty days have passed from the date the notice of intent to adopt an
emergency rule was published in the manner prescribed in § 1-26-4.1.
Signed March 16, 2016
_______________
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CHAPTER 13
(HB 1117)
Languages used at public meeting regulated.
ENTITLED, An Act to repeal certain provisions concerning the authorization for the use of other
languages in public records or public meetings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-27-22 be amended to read:
1-27-22. The provisions of §§ 1-27-20 to 1-27-26, inclusive, do not apply:
(1) To instruction in foreign language courses;
(2) To instruction designed to aid students with limited English proficiency in a timely
transition and integration into the general education system;
(3) To the conduct of international commerce, tourism, and sporting events;
(4) When deemed to interfere with needs of the justice system;
(5) When the public safety, health, or emergency services require the use of other languages.
However, any such authorization for the use of a language other than the common
language in printing informational materials or publications for general distribution must
be approved in an open public meeting pursuant to chapter 1-25 by the governing board
or authority of the relevant state or municipal entity and the decision shall be recorded in
publicly available minutes; and
(6) When expert testimony, witnesses, or speakers require a language other than the common
language. However, for purposes of deliberation, decision making, or record keeping, the
official version of such testimony or commentary shall be the officially translated English
language version.
Section 2. That § 1-27-23 be repealed.
Section 3. That § 1-27-26 be repealed.
Signed February 29, 2016
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CHAPTER 14
(HB 1032)
Guaranteed energy savings contracts revised.
ENTITLED, An Act to revise certain provisions regarding guaranteed energy savings contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-33B-1 be amended to read:
1-33B-1. Terms used in this chapter mean:
(1) "Governmental unit," state government or any political subdivision of the state
"Cost-effective" or "cost-effectiveness," that the sum of guaranteed cost savings are equal
to or exceed any financing repayment obligation each year of a finance term;
(2) "Guaranteed energy savings contract," a contract for measures which provides that either
energy or operational cost savings, or both, are guaranteed to the extent necessary to make
payments for the measures recommended in the contract "Cost-saving measure," a
cost-effective improvement, repair, or alteration of equipment fixtures, or furnishings
added to or used in a facility that is designed to reduce energy consumption, water
consumption, or operation and maintenance costs. The term also includes vehicle
acquisitions, changes to utility rate or tariff schedules, or fuel source changes that result
in costs savings;
(3) "Qualified provider," a person, business, or state agency experienced in the design,
implementation, or installation of energy conservation measures who can demonstrate the
financial capabilities of completing the obligations stipulated in a guaranteed energy
savings contract "Energy performance contract," a contract between a governmental unit
and a qualified energy service provider for evaluation, recommendation, and
implementation of one or more cost-saving measures, evaluation of cost-effectiveness,
and guaranteed cost savings;
(4) "Finance term," the length of time for repayment of funds borrowed for an energy
performance contract;
(5) "Governmental unit," state government or any political subdivision of the state;
(6) "Guarantee period," the period of time from the effective date of a contract until
guaranteed cost savings are achieved;
(7) "Operation and maintenance cost savings," a measurable decrease in operation and
maintenance costs as a direct result of cost-saving measures, calculated using baseline
operation and maintenance costs. The term does not include the shifting of personnel
costs or similar short-term cost savings that cannot be definitively measured;
(8) "Qualified energy service provider" or "provider," a person, business, or state agency with
experience in the design, implementation, or installation of cost saving measures, who can
demonstrate the financial capabilities of completing the obligations stipulated to in an
energy performance contract;
(9) "Utility cost savings," expenses for utilities that are eliminated or avoided on a long-term
basis as a result of equipment installed or modified, or services performed by a qualified
energy service provider. The term includes expenses for natural gas, propane or similar
fuels, electricity, water, waste water, and waste disposal.
Section 2. That chapter 1-33B be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the term, guaranteed cost savings, means a guaranteed annual
measurable monetary reduction in utility, operating, and maintenance costs for each year of a
guarantee period as a result of cost-saving measures. Guaranteed cost savings for utility savings shall
be calculated using the mutually agreed upon baseline utility rates in use at the time of an
investment-grade energy audit. Guaranteed cost savings for operation and maintenance cost savings
shall be calculated using mutually agreed upon baseline operation and maintenance costs at the time
of an investment-grade energy audit.
Section 3. That chapter 1-33B be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the term, investment-grade energy audit, means a study of
energy or water usage of a public building, including a detailed description of the improvements
recommended for the project, the estimated cost of the improvements, and the utility, operation, and
maintenance cost savings projected to result from the recommended improvements. The study shall
contain all of the information required pursuant to § 1-33B-3.
Section 4. That chapter 1-33B be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the term, measurement and verification, means the
methodology, measurements, inspections, and mathematical calculations to determine utility
consumption before and after an energy performance contract is implemented. The measurement and
verification report may be for an individual cost-saving measure or an entire project. The
governmental unit shall determine which measurement and verification method to utilize.
Section 5. That § 1-33B-3 be amended to read:
1-33B-3. For the purposes of this chapter, the term, request for proposals proposal, means a
procurement announcement through a public notice, from a governmental unit which will administer
administers the program, detailing the work, service, or supplies needed for an energy conservation
measure. The request for proposal shall include the following:
(1) The name and address of the governmental unit;
(2) The name, address, title, and phone number of contact person;
(3) The response due date and time deadline;
(4) The location and scope of the project;
(5) The project completion deadline;
(6) The evaluation criteria for awarding a contract; and
(7) Any other stipulations and clarifications the governmental unit may require.
Section 6. That chapter 1-33B be amended by adding a NEW SECTION to read:
A governmental unit may solicit submissions of qualifications to enter into an energy
performance contract by providing public notice to qualified energy service providers. The notice
shall invite qualified energy service providers to submit qualifications and proposals for investment
grade energy audits. Governmental units shall utilize chapter 36-18A to determine the minimum
educational qualifications of a qualified energy service provider. The governmental unit shall comply
with procurement procedures for professional services provided under §§ 5-18D-17 to 5-18D-22,
inclusive.
Section 7. That chapter 1-33B be amended by adding a NEW SECTION to read:
The governmental unit shall evaluate the qualifications and proposals of qualified energy service
providers according to the quality of the provider's technical approach and the provider's experience
with:
(1) Design, engineering, and installation of cost-saving measures;
(2) Overall project management;
(3) Projects of similar size and scope;
(4) Post installation measurement and verification of guaranteed cost savings;
(5) Project commissioning;
(6) Training of building operators; and
(7) Conversions to a different fuel source.
Section 8. That chapter 1-33B be amended by adding a NEW SECTION to read:
The governmental unit may negotiate a contract with the most qualified energy service provider
at a price that the governmental unit determines fair and reasonable, taking into account the scope
of the services rendered. The provider selected is not required to have submitted the proposal with
the lowest cost. If the governmental unit is unable to negotiate a satisfactory contract with the
provider, negotiations with that provider shall be formally terminated, and the governmental unit
may select the next provider until an agreement is reached or the process is terminated. The
governmental unit may choose to reject all proposals.
Section 9. That chapter 1-33B be amended by adding a NEW SECTION to read:
A qualified energy service provider, selected by a governmental unit pursuant to § 1-33B-3 and
sections 6 to 8, inclusive, of this Act, shall prepare an investment-grade energy audit. The audit shall
be incorporated into the energy performance contract.
Section 10. That chapter 1-33B be amended by adding a NEW SECTION to read:
An investment-grade energy audit shall include estimates of all costs and guaranteed cost savings
for the proposed energy performance contract, including cost of design, engineering, equipment,
materials, installation, maintenance, repairs, monitoring and verification, commissioning, training,
and debt service.
Section 11. That chapter 1-33B be amended by adding a NEW SECTION to read:
A qualified energy service provider and the governmental unit shall agree on the cost of an
investment-grade energy audit before it is conducted. If an investment-grade energy audit is
completed, and the governmental unit does not execute an energy performance contract, the
governmental unit shall pay the full costs of the investment-grade energy audit. If the governmental
unit executes the energy performance contract, the cost of the investment-grade energy audit may
be included in the costs of an energy performance contract or, at the discretion of the governmental
unit, paid for by the governmental unit.
Section 12. That chapter 1-33B be amended by adding a NEW SECTION to read:
A governmental unit may pay for an energy performance contract with funds designated for
operating costs, capital expenditures, utility costs, lease payments, installment payment contracts,
lease purchase agreements, or bonds issued pursuant to law.
Section 13. That chapter 1-33B be amended by adding a NEW SECTION to read:
All permissible sources, including utility incentives, grants, operating costs, or capital budgets,
may be used to reduce the amount of financing.
An energy performance contract may extend beyond the current fiscal year, but may not exceed
fifteen years, the cost-weighted average useful life of the cost-saving measure, or the term of
financing, whichever is shortest.
During the guarantee period, a qualified energy service provider shall measure and verify
reductions in energy consumption and costs attributable to cost-saving measures implemented
pursuant to an energy performance contract and prepare and provide a measurement and verification
report to the governmental unit at least once a year.
Section 14. That chapter 1-33B be amended by adding a NEW SECTION to read:
Costs for measurement and verification shall be included in an energy performance contract and
paid by the governmental unit during an initial monitoring period of no less than three years.
The energy performance contract shall provide that, if guaranteed cost savings are not achieved
during any year in the initial monitoring period, the qualified energy service provider shall pay the
costs for measurement and verification reports until guaranteed cost savings are achieved for all
consecutive years equal to the initial monitoring period.
Section 15. That chapter 1-33B be amended by adding a NEW SECTION to read:
Except as provided in this section, the qualified energy service provider shall pay the
governmental unit the amount of any verified annual guaranteed cost savings shortfall each year
until guaranteed cost savings are achieved for each year in an initial monitoring period as established
in section 14 of this Act. The amount of cost savings achieved during a year shall be determined
using the baseline rates used in guaranteed cost savings.
In the case of a shortfall, the governmental unit and qualified energy service provider may
negotiate the terms of measurement and verification reports and the shortfall payment for the
remainder of the energy performance contract finance term.
If there is an excess in cost savings in any year of the guarantee period, the guaranteed cost
savings remain with the governmental unit. Guaranteed cost savings may not be used to cover
potential shortfalls in subsequent years or actual guaranteed cost savings shortages in previous years
of a guarantee period.
Section 16. That § 1-33B-4 be repealed.
Section 17. That § 1-33B-6 be amended to read:
1-33B-6. For state owned buildings, all improvements proposed under an energy efficiency
performance contract shall, prior to submitting a request for proposals, the governmental unit shall
receive prior permission from the Bureau of Administration and conform to all state statutes laws
and rules as they apply to renovating or retrofitting state-owned buildings before submitting a request
for proposals under § 1-33B-3 and sections 6 to 8, inclusive, of this Act. The Bureau of
Administration shall review the proposal and notify the qualified provider governmental unit of its
findings within thirty days.
Section 18. That § 1-33B-7 be repealed.
Signed February 8, 2016
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CHAPTER 15
(SB 20)
Behavioral Health Division created.
ENTITLED, An Act to revise certain provisions related to behavioral health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-36-25 be amended to read:
1-36-25. The secretary of the Department of Social Services may promulgate rules, pursuant to
chapter 1-26, for the Mental Health Division of Behavioral Health pertaining to any individual,
organization, or corporation which receives directly or indirectly financial assistance from the state
if such assistance is under the department's supervision. The secretary's promulgation of rules shall
be in accordance with chapter 1-26 governing may govern:
(1) Management and administration, including fiscal control, program planning,
implementation, and evaluation;
(2) Physical facilities, except matters covered by local fire and building codes or regulations;
(3) Service administration, including client rights, confidentiality, treatment planning, and
statistical reporting;
(4) Service components, including outpatient, emergency, liaison, psychiatric rehabilitation,
residential, consultation and education, and case management; and
(5) Staff qualifications.
Section 2. That § 1-36-26 be repealed.
Section 3. That § 1-36-31 be repealed.
Section 4. That § 1-36-32 be repealed.
Section 5. That § 1-36-33 be repealed.
Section 6. That § 1-36-34 be repealed.
Section 7. That § 27A-1-13 be amended to read:
27A-1-13. A bordering state or governmental entity of a bordering state may contract with any
appropriate treatment facility in South Dakota for the treatment of mental illness or chemical
dependency substance use disorder for residents of the bordering state. However, any such the
contract shall conform to the requirements of §§ 27A-1-12 to 27A-1-17, inclusive.
Section 8. That § 27A-1-16 be amended to read:
27A-1-16. Any treatment facility in South Dakota may enter negotiations with appropriate
personnel of a bordering state to develop a contract that conforms to the requirements of §§ 27A-1-12 to 27A-1-17, inclusive. A contract with a bordering state shall enable the temporary placement
in South Dakota by a bordering state of a person who is on an emergency hold or who has been
involuntarily committed as mentally ill or chemically dependent due to mental illness or a substance
use disorder as determined by the bordering state. Any person committed by a bordering state or on
emergency hold from a bordering state and who is placed in a South Dakota facility continues to be
in the legal custody of the bordering state and shall be returned to the bordering state prior to before
release from emergency hold or involuntary commitment. The bordering state's laws governing
commitment criteria, length of commitment, hearings, reexaminations, and extension of commitment
continue to apply to these bordering state residents. The State of South Dakota is not responsible for
treatment costs, legal proceeding costs, or transportation costs. In all other aspects, a resident of a
bordering state placed in a South Dakota facility is subject to the laws of South Dakota. A contract
under §§ 27A-1-12 to 27A-1-17, inclusive, with a bordering state or bordering state governmental
entity shall specify that responsibility for payment for the cost of care and transportation for persons
under §§ 27A-1-12 to 27A-1-17, inclusive, remains with the contracting entity of the bordering state
of which that person is a resident.
Section 9. That § 27A-15-1.1 be amended to read:
27A-15-1.1. For the purposes of this chapter, an individual with a serious emotional disturbance
is an individual who:
(1) Is under eighteen years of age;
(2) Exhibits behavior resulting in functional impairment which substantially interferes with,
or limits the individual's role or functioning in the community, school, family, or peer
group;
(3) Has a mental disorder diagnosed under the Diagnostic and Statistical Manual of Mental
Disorders, fourth fifth edition revised, 1994, 2013;
(4) Has demonstrated a need for one or more special care services, in addition to mental
health services; and
(5) Has problems with a demonstrated or expected longevity of at least one year or has an
impairment of short duration and high severity.
For purposes of this section, intellectual disability, epilepsy, other developmental disability,
alcohol or substance abuse, brief period of intoxication, or criminal or delinquent behavior do not,
alone, constitute
a serious emotional disturbance.
Section 10. That § 34-20A-2 be amended to read:
34-20A-2. Terms as used in this chapter mean:
(1) "Accredited prevention or treatment facility," a private or public agency meeting the
standards prescribed in § 34-20A-27 and listed under § 34-20A-47, or a private or public
agency or facility surveyed and accredited by the Joint Commission; an Indian Health
Service's quality assurance review under the Indian Health Service Manual, Professional
Standards-Alcohol/Substance Abuse; or the Commission on Accreditation of
Rehabilitation Facilities; or the Council on Accreditation; under the drug and alcohol
treatment standards incorporated and adopted by the division in rules promulgated
pursuant to chapter 1-26, if proof of such the accreditation, with accompanying
recommendations, progress reports and related correspondence are submitted to the
Division of Alcohol and Drug Abuse Behavioral Health in a timely manner;
(2) "Advisory council" and "council," the Drug and Alcohol Abuse Advisory Council created
by § 34-20A-3.2 "Addiction counselor," a person licensed or certified as an addiction
counselor by the South Dakota Board of Addiction and Prevention Professionals;
(3) "Alcoholic," a person who habitually lacks self-control as to the use of alcoholic
beverages, or uses alcoholic beverages to the extent that his the person's health is
substantially impaired or endangered or his the person's social or economic function is
substantially disrupted;
(4) "Chemical dependency counselor," a level II or III counselor certified by the South Dakota
Certification Board for Alcohol and Drug Professionals;
(5) "Department," the State Department of Social Services;
(6)(5) "Designated prevention or treatment facility," an accredited agency operating under the
direction and control of the state or providing services under this chapter through a
contract with the division or treatment facilities operated by the federal government which
may be designated by the division without accreditation by the state;
(7)(6) "Division," the Division of Alcohol and Drug Abuse Behavioral Health within the
department;
(8)(7) "Drug abuser," a person who habitually lacks self-control as to the use of controlled drugs
or substances as defined in § 34-20B-3 to the extent that the person's health is
substantially impaired or endangered or that the person's social or economic function is
substantially disrupted;
(9)(8) "Incapacitated by alcohol or other drugs," that a person, as a result of the use of alcohol
or other drugs, is unconscious or his the person's judgment is otherwise so impaired that
he the person is incapable of realizing and making a rational decision with respect to his
the person's need for treatment;
(10)(9) "Incompetent person," a person who has been adjudged incompetent by the circuit
court;
(11)(10) "Intoxicated person," a person who demonstrates diminished mental or physical
capacity as a result of the use of alcohol or other drugs;
(12)(11) "Prevention," purposeful activities designed to promote personal growth of an
individual a person and strengthen the aspects of the community environment
which are supportive to him the person in order to preclude, forestall prevent, or
impede the development of alcohol or other drug misuse and abuse;
(13)(12) "Secretary," the secretary of the Department of Social Services;
(14)(13) "Treatment," the broad range of emergency, outpatient, intermediate, and inpatient
services and care, including diagnostic evaluation, which may be extended to
those
persons a person experiencing problems as a result of the use of alcohol or other
drugs.
Section 11. That § 34-20A-3.1 be repealed.
Section 12. That § 34-20A-27 be amended to read:
34-20A-27. The Division of Alcohol and Drug Abuse division shall establish reasonable
standards and requirements for accredited prevention or treatment facilities. The division may fix
the fees to be charged by the division for the required inspections. The division may adopt rules,
pursuant to chapter 1-26, in regard to the following standards and requirements:
(1) Management and administration, including fiscal control, program planning, and
evaluation;
(2) Physical facilities and quality control;
(3) Services administration, including client rights, confidentiality, treatment planning, and
statistical reporting;
(4) Service components including: inpatient/residential, outpatient treatment, social
detoxification, transitional care, custodial care, counseling and support services,
prevention services;
(5) Staff qualifications; and
(6) Such other standards as are necessary for the safety and health of clients and patients.
Section 13. That § 34-20A-34 be amended to read:
34-20A-34. The Division of Alcohol and Drug Abuse division may acquire, hold, or dispose of
real property or any interest therein in real property, and construct, lease, or otherwise provide
facilities for the prevention of alcohol and drug abuse and facilities for the treatment of those persons
suffering from alcohol and drug abuse and for intoxicated persons.
Section 14. That § 34-20A-44 be amended to read:
34-20A-44. The Division of Alcohol and Drug Abuse division shall inspect accredited prevention
or treatment facilities to insure compliance with this chapter. For purposes of inspection, the division
shall have access to the facility and its records at reasonable times and in a reasonable manner. This
section does not apply to facilities accredited pursuant to accreditation by the Joint Commission, the
Commission on Accreditation of Rehabilitation Facilities, an Indian Health Service's quality
assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse, or the Council on Accreditation.
Section 15. That § 34-20A-44.1 be amended to read:
34-20A-44.1. If a public or private agency or facility is considered to be an accredited prevention
or treatment facility by reason of compliance with accreditation by the Joint Commission, the
Commission on Accreditation of Rehabilitation Facilities, an Indian Health Service's quality
assurance review under the Indian Health Service Manual, Professional Standards-Alcohol/Substance Abuse, or the Council on Accreditation, as described in § 34-20A-2, the Division
of Alcohol and Drug Abuse division retains the right of access to all facility premises and relevant
records to monitor compliance or investigate complaints brought against the facility.
Section 16. That § 34-20A-51 be amended to read:
34-20A-51. Subject to rules adopted by the Division of Alcohol and Drug Abuse division, the
administrator in charge of an accredited treatment facility may determine who shall be admitted for
treatment. If a person is refused admission to the facility, the administrator, subject to rules adopted
by the division, shall refer the person to another treatment facility for treatment if possible and
appropriate.
Section 17. That § 34-20A-66.1 be amended to read:
34-20A-66.1. Payment for treatment under emergency commitment, or under protective custody
pursuant to § 34-20A-55 if emergency commitment is not required, may be assessed to the
individual, to a legally responsible relative or guardian, to the county of residence if indigent, or
billed to the Division of Alcohol and Drug Abuse division through contract with an approved
treatment facility. Any payment for emergency commitment to the Human Services Center is subject
to the requirements of chapter 27A-13.
Section 18. That § 34-20A-72 be amended to read:
34-20A-72. A petition filed under § 34-20A-70 shall be accompanied by a certificate of a
licensed physician or a certified chemical dependency an addiction counselor either of whom has
examined the person within two days before submission of the petition, unless the person whose
commitment is sought has refused to submit to a medical examination or counselor assessment in
which case the fact of refusal shall be alleged in the petition. The certificate shall set forth the
physician's or the counselor's findings in support of the allegations of the petition. A physician or
chemical dependency addiction counselor employed by the admitting facility is not eligible to
provide certification.
Section 19. That § 34-20A-75 be amended to read:
34-20A-75. At the hearing the court shall hear all relevant testimony, including, if possible, the
testimony of at least one licensed physician and one certified chemical dependency addiction
counselor who have examined the person whose commitment is sought.
Section 20. That § 34-20A-76 be amended to read:
34-20A-76. If the person has refused to be examined by a licensed physician or a certified
chemical dependency an addiction counselor, the person shall be given an opportunity to be
examined by a court-appointed licensed physician or certified chemical dependency addiction
counselor. If the person refuses and there is sufficient evidence to believe that the allegations of the
petition are true, or if the court believes that more evidence is necessary, the court may order a
temporary commitment and transportation by a law enforcement officer to an approved treatment
facility for a period of not more than five days for purposes of a diagnostic examination.
Section 21. That § 34-20A-76.1 be amended to read:
34-20A-76.1. A licensed physician or certified chemical dependency addiction counselor
appointed by the court to examine and assess a person for the purposes of involuntary commitment
shall be paid by the county where the hearing and commitment proceedings take place. The physician
or addiction counselor shall be compensated for such services in an amount fixed by the circuit
judge. The county shall be reimbursed for such expense by the person if the person is financially able
to do so. If the person is not financially able to pay such expense, the cost of physician or addiction
counselor examination shall be paid to the county by the person legally bound for the support of such
person if financially able to do so.
Section 22. That § 34-20A-86 be amended to read:
34-20A-86. The person whose commitment or recommitment is sought shall be informed of his
the person's right to be examined by a licensed physician and a certified chemical dependency an
addiction counselor of his the person's choice. If the person is unable to obtain a licensed physician
or a certified chemical dependency an addiction counselor and requests examination by a physician
or an addiction counselor, the court shall employ a licensed physician or a certified chemical
dependency an addiction counselor.
Section 23. That § 32-23-2.1 be amended to read:
32-23-2.1. Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent or
more by weight of alcohol in the person's blood shall, in addition to the penalties provided in § 32-23-2, be required to undergo a court-ordered evaluation by a chemical dependency counselor as
defined in § 34-20A-2 an addiction counselor licensed or certified by the Board of Addiction and
Prevention Professionals pursuant to § 36-34-13.1 or a licensed or certified health care professional
with specialized training in chemical dependency evaluation to determine if the defendant is
chemically dependent. The cost of such evaluation shall be paid by the defendant. The
recommendations of the evaluation shall be provided to the referring judge.
Signed February 18, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\016.wpd
CHAPTER 16
(SB 162)
The State Board of Internal Control.
ENTITLED, An Act to create the State Board of Internal Control and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Board," the State Board of Internal Control;
(2) "Code of conduct," a set of ethical principles and guidelines that constitutes appropriate
behavior within an organization;
(3) "Internal control," a process that integrates the plans, activities, policies, attitudes,
procedures, systems, resources, and efforts of an organization and that is designed to
provide reasonable assurance that the organization will achieve its objectives and
missions and to detect and prevent financial malfeasance;
(3) "Pass-through grant," a grant awarded by a federal entity to the state entity and transferred
or passed to a sub-recipient by the state;
(4) "State agency," the Legislature, any constitutional officer, the Unified Judicial System,
and any department, division, bureau, board, commission, committee, authority, or agency
of the State of South Dakota;
(5) "Sub-recipient," an entity that expends a pass-through grant.
Section 2. That the code be amended by adding a NEW SECTION to read:
There is hereby created a State Board of Internal Control that consists of seven members. Three
members shall represent state agencies under control of the Governor and shall be appointed by the
Governor. Each member appointed by the Governor shall serve a three-year term. However, the
initial appointments shall be for staggered terms. The remaining members shall be the commissioner
of the Bureau of Finance and Management, the state auditor, a Board of Regents administrator's
designee, and a member appointed by the Chief Justice of the Supreme Court. Any four of the seven
members constitutes a quorum. The commissioner of the Bureau of Finance and Management shall
be chair of the board.
Section 3. That the code be amended by adding a NEW SECTION to read:
The board may promulgate rules, pursuant to chapter 1-26, to implement a system of internal
control in accordance with internal control standards.
Section 4. That the code be amended by adding a NEW SECTION to read:
The board shall meet monthly for the first twelve months, and shall meet at least quarterly after
the first year. A record of the proceedings of the board shall be kept pursuant to § 1-25-3.
Section 5. That the code be amended by adding a NEW SECTION to read:
The Bureau of Finance and Management shall provide administrative support to the board. If
necessary, the board shall seek the advice of the auditor-general.
Section 6. That the code be amended by adding a NEW SECTION to read:
The board shall establish and maintain:
(1) Guidelines for an effective system of internal control to be implemented by state agencies
that is in accordance with internal control standards;
(2) A code of conduct for use by state agencies excluding the Unified Judicial System; and
(3) A conflict of interest policy for use by state agencies excluding the Unified Judicial
System.
The Unified Judicial System may implement the code of conduct and conflict of interest policy in
accordance with the code of judicial conduct and employee policies utilized within the Unified
Judicial System.
Section 7. That the code be amended by adding a NEW SECTION to read:
The board shall create an annual work plan and report which shall be presented to the Governor
and the Government Operations and Audit Committee.
Section 8. That the code be amended by adding a NEW SECTION to read:
Each state agency shall designate an internal control officer. The board shall make available to
each internal control officer guidelines and standards that the state agency shall implement and
comply. The board may take other actions as necessary to carry out the purpose and intent of this
Act.
Section 9. That the code be amended by adding a NEW SECTION to read:
After the review of an audit in accordance with § 4-11-2.1, the auditor-general shall submit to
the board a copy of any audit report correspondence sent to a state agency identifying audit findings
pertaining to federal award programs administered by the state agency.
Section 10. That the code be amended by adding a NEW SECTION to read:
The grant agreement for each grant, pass-through grant, or any other award granted by a state
agency to a nonstate agency after July 1, 2016, shall be displayed on the website created pursuant
to § 1-27-45.
Each grant agreement shall include an attestation by the award recipient or sub-recipient that:
(1) A conflict of interest policy is enforced within the recipient's or sub-recipient's
organization;
(2) The Internal Revenue Service Form 990 has been filed, if applicable, in compliance with
federal law, and is displayed immediately after filing on the recipient's or sub-recipient's
website;
(3) An effective internal control system is employed by the recipient's or sub-recipient's
organization; and
(4) If applicable, the recipient or sub-recipient is in compliance with the federal Single Audit
Act, in compliance with § 4-11-2.1, and audits are displayed on the recipient's or sub-recipient's website.
Section 11. That the code be amended by adding a NEW SECTION to read:
A state employee who suspects the existence of a conflict of interest, fraud, or theft shall report
the matter immediately to any, of the following:
(1) The employee's immediate supervisor;
(2) The attorney general's office; or
(3) The Department of Legislative Audit.
Section 12. That the code be amended by adding a NEW SECTION to read:
Pursuant to § 3-6D-22, an employee may file a grievance with the Civil Service Commission if
the employee believes that there has been retaliation because of reporting a violation of state law.
Section 13. 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 16, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\017.wpd
CHAPTER 17
(HB 1014)
State Historical Society surplus real estate to be sold.
ENTITLED, An Act to authorize the sale of certain surplus real estate and to provide for the deposit
of the proceeds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Upon the request of the State Historical Society referenced in § 1-18-3 and the
Governor, the commissioner of school and public lands shall sell all or any portion of the following
real estate under the control of the State Historical Society located in Sully County, South Dakota,
and any related personal property and improvements:
The Northwest Quarter of the Northwest Quarter and the East Half of the Northwest Quarter and
the Northeast Quarter of the Southwest Quarter of Section 35, Township 116 North of Range 80
West of the 5th Principal Meridian, also described in the Warranty Deed, Mrs. Agnes B. Whitlock,
Grantor to the State of South Dakota for the benefit of the State Historical Society consisting of 97.5
acres more or less.
Section 2. Real property and related personal property and improvements on the property which
are generally considered a part of the property described in section 1 of this Act, but not specifically
included in the legal descriptions set out in section 1 of this Act, may be sold as though they were
specifically described in section 1 of this Act.
Section 3. The property described in this Act shall be appraised by the board of appraisal
established by § 5-9-3 and sold according to the procedure established in §§ 5-9-6 to 5-9-9, inclusive,
5-9-11 to 5-9-15, inclusive, 5-9-28, and 5-9-36, subject to all applicable statutory and constitutional
reservations.
Section 4. The net proceeds from the sale of the property described in this Act shall be deposited
into the permanent fund established by S.D. Const., Art. VIII, § 7, for the use and benefit of the State
Historical Society.
Section 5. Notwithstanding the provisions of this Act or any other law to the contrary, the State
Historical Society and Governor may direct the commissioner of school and public lands to sell any
property described in this Act to a political subdivision within which the property is located. The sale
may be made without first offering the property for sale to the public. The sale price shall be at least
the appraised value as determined by the board of appraisal established by § 5-9-3, and is subject to
all applicable statutory and constitutional reservations.
Signed February 25, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\018.wpd
CHAPTER 18
(HB 1024)
Appropriation to repair state owned dams.
ENTITLED, An Act to make an appropriation for the maintenance and repair of state owned dams
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 Office of School and
Public Lands for the purposes of maintenance and repair on state owned dams.
Section 2. The commissioner of school and public lands 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 7, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\019.wpd
CHAPTER 19
(HB 1047)
Extraordinary litigation expense appropriation.
ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses
and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the general fund the sum of one million nine
hundred seventy-four thousand five hundred two dollars ($1,974,502), or so much thereof as may
be necessary, to the extraordinary litigation fund for payment of eligible expenses.
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. 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 7, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\020.wpd
CHAPTER 20
(HB 1207)
Sale of surplus real estate at the Human Services Center.
ENTITLED, An Act to authorize the sale of certain surplus real estate at the Human Services Center
and to provide for the deposit of the proceeds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Upon the request of the Governor, the commissioner of school and public lands shall
sell all or any portion of the following real estate located in Yankton County, South Dakota, and any
related personal property and improvements located on the property:
(1) Certain property under the control of the Department of Social Services described
generally as Tract 4 of Lot A, being a subdivision of the Southeast Quarter of Section 36,
Township 94 North, Range 56 West of the 5th P.M.;
(2) Certain property under the control of the Department of Social Services described
generally as Lot 3 of Tract 3 of Lot C, being a subdivision of the Southwest Quarter of
Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(3) Certain property under the control of the Department of Social Services described
generally as Lot 4 of Tract 3 of Lot C, being a subdivision of the Southwest Quarter of
Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(4) Certain property under the control of the Department of Social Services described
generally as Lot 5 of Tract 3 of Lot C, being a subdivision of the Southwest Quarter of
Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(5) Certain property under the control of the Department of Social Services described
generally as Lot C, being a subdivision of the Southwest Quarter of Section 36, Township
94 North, Range 56 West of the 5th P.M.;
(6) Certain property under the control of the Department of Social Services described
generally as Lot 6 of Tract 3 of Lot C, being a subdivision of the Southwest Quarter of
Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(7) Certain property under the control of the Department of Social Services described
generally as Lot A of Lot 4 of Tract 3 of Lot C, being a subdivision of the Southwest
Quarter of Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(8) Certain property under the control of the Department of Social Services described
generally as Lot A of Lot 5 of Tract 3 of Lot C, being a subdivision of the Southwest
Quarter of Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(9) Certain property under the control of the Department of Social Services described
generally as Tract 1 of Lot C, being a subdivision of the Southwest Quarter of Section 36,
Township 94 North, Range 56 West of the 5th P.M.;
(10) Certain property under the control of the Department of Social Services described
generally as Burbank Building Tract 1 of Lot A, being a subdivision of the Southeast
Quarter of Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(11) Certain property under the control of the Department of Social Services described
generally as Mead Building Tract 4 of Lot A, being a subdivision of the Southeast Quarter
of Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(12) Certain property under the control of the Department of Social Services described
generally as Mead Building Tract 3 of Lot A, being a subdivision of the Southeast Quarter
of Section 36, Township 94 North, Range 56 West of the 5th P.M.;
(13) Certain property under the control of the Department of Social Services described
generally as Mead Building Tract 2 of Lot A, being a subdivision of the Southeast Quarter
of Section 36, Township 94 North, Range 56 West of the 5th P.M.; and
(14) Certain property under the control of the Department of Social Services described
generally as Mead Building Tract 1 of Lot A, being a subdivision of the Southeast Quarter
of Section 36, Township 94 North, Range 56 West of the 5th P.M.
This real estate consists of a total of 51.93 acres more or less.
Section 2. Real estate and related personal property and improvements on the property which are
generally considered a part of the tracts described in section 1 of this Act, but not specifically
included in the legal descriptions set out in section 1 of this Act, may be sold as provided in this Act
as though they were specifically described in section 1 of this Act.
Section 3. The real estate and other property described in section 1 of this Act shall be appraised
by the Board of Appraisal established by § 5-9-3 and may be sold in any manner authorized by law,
subject to all applicable statutory and constitutional reservations.
Section 4. The proceeds from the sale of the real estate and other property described in section
1 of this Act under the control of the Department of Social Services shall be deposited into the
permanent fund established by S.D. Const., Art. VIII, § 7, for the use and benefit of the Human
Services Center.
Section 5. Notwithstanding the provisions of this Act or any other law to the contrary, the
Governor may direct the commissioner of school and public lands to sell any real estate and related
personal property described in section 1 of this Act to a political subdivision located within ten miles
of the real estate and related personal property. The Governor may direct the commissioner of school
and public lands to sell any real estate and related personal property described in subdivisions (10)
to (14), inclusive, of section 1 of this Act, to the Yankton County Historical Society, Inc. The sale
may be made without first offering the real estate and related personal property for sale to the public.
The sale price shall be at least the appraised value as determined by the Board of Appraisal
established by § 5-9-3, and is subject to all applicable statutory and constitutional reservations.
Signed February 29, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\021.wpd
CHAPTER 21
(HB 1208)
Sale of surplus real estate
at the South Dakota Developmental Center.
ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota
Developmental Center and to provide for the deposit of the proceeds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The provisions of any law to the contrary, upon the request of the Governor, the
commissioner of school and public lands shall sell all or any portion of the following real estate and
any related personal property and improvements located on the property:
Certain property under the control of the Department of Human Services described generally as
Lots 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20 and 21 of SDDC Subdivision in the East
Half of Section 4, Township 116 North, Range 64 West of the 5th P.M. and the West Half of Section
3, Township 116 North, Range 64 West of the 5th P.M., Spink County, South Dakota, consisting of
a total of 132.44 acres, more or less.
Section 2. Real estate and related personal property and improvements on the property which are
generally considered a part of the tracts described in section 1 of this Act but not specifically
included in the legal descriptions set out in section 1 of this Act may be sold as provided in this Act
as though they were specifically described in section 1 of this Act.
Section 3. The real estate and other property described in section 1 of this Act shall be appraised
by the Board of Appraisal established by § 5-9-3 and may be sold in any manner authorized by law,
subject to all applicable constitutional reservations.
Section 4. The proceeds from the sale of the real estate and other property described in section
1 of this Act as Lots 2, 3, 7, 9, 10, 11, 12, and 13, under the control of the Department of Human
Services, less any expense associated with the sale including advertising, appraisal fees, surveying
costs, and demolition expenses, shall be deposited into the general fund.
Section 5. The proceeds from the sale of the real estate and other property described in section
1 of this Act as Lots 4, 5, 6, 14, 15, 16, 18, 19, 20, and 21, under the control of the Department of
Human Services shall be deposited into the permanent fund established by S.D. Const., Art. VIII,
§ 7, for the use and benefit of the South Dakota Developmental Center.
Section 6. Notwithstanding the provisions of this Act or any other law to the contrary, the
Governor may direct the commissioner of school and public lands to sell any real estate and related
personal property and improvements described in section 1 of this Act to a political subdivision
located within ten miles of the real estate and related personal property and improvements. The sale
may be made without first offering the real estate and related personal property and improvements
for sale to the public. The sale price shall be at least the appraised value as determined by the Board
of Appraisal established by § 5-9-3, and is subject to all applicable statutory and constitutional
reservations.
Signed March 10, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\022.wpd
CHAPTER 22
(HB 1029)
Appropriation to fund the rural residency program.
ENTITLED, An Act to make an appropriation to the Department of Health to fund the rural
residency 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 five
thousand dollars ($205,000), or so much thereof as may be necessary, to the Department of Health
to support the development of a rural family medicine residency track for six medical students to
address health care workforce shortages.
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 15, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\022.wpd
LEGISLATURE AND STATUTES
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\023.wpd
CHAPTER 23
(SB 91)
Information provided to persons who sign initiated or referred laws.
ENTITLED, An Act to revise certain provisions concerning the information on the forms provided
to persons who sign initiated constitutional amendments, referred laws, or initiated measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1.1 be amended to read:
2-1-1.1. The petition as it is to be circulated for an initiated constitutional amendment shall be
filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated constitutional amendment;
(2) Contain the date of the general election at which the initiated constitutional amendment
is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition
sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the
title and explanation of the initiated constitutional amendment as prepared by the attorney general
;
the name, phone number, and email address of each petition sponsor; and a statement whether the
petition circulator is a volunteer or paid petition circulator and, if a paid circulator, the amount the
circulator is being paid. The form shall be approved by the secretary of state prior to circulation.
For any initiated constitutional amendment petition, no signatures may be obtained more than
twenty-four months preceding the general election that was designated at the time of filing of the full
text. The initiated constitutional amendment petition shall be filed with the secretary of state at least
one year before the next general election. A sworn affidavit, signed by at least two-thirds of the
petition sponsors, stating that the documents filed constitute the entire petition and to the best of the
knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the
secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of
Elections.
Section 2. That § 2-1-1.2 be amended to read:
2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the
secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated measure;
(2) Contain the date of the general election at which the initiated measure is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition
sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the
title and explanation of the initiated measure as prepared by the attorney general
; the name, phone
number, and email address of each petition sponsor; and a statement whether the petition circulator
is a volunteer or paid petition circulator and, if a paid circulator, the amount the circulator is being
paid. The form shall be approved by the secretary of state prior to circulation.
For any initiated measure petition, no signatures may be obtained more than twenty-four months
preceding the general election that was designated at the time of filing of the full text. The initiated
measure petition shall be filed with the secretary of state at least one year before the next general
election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the
documents filed constitute the entire petition and to the best of the knowledge of the sponsors
contains a sufficient number of signatures shall also be filed with the secretary of state. The form of
the petition and affidavit shall be prescribed by the State Board of Elections.
Section 3. That § 2-1-3.1 be amended to read:
2-1-3.1. The petition as it is to be circulated for a referred law shall be filed with the secretary
of state prior to circulation for signatures and shall:
(1) Contain the title of the referred law;
(2) Contain the effective date of the referred law;
(3) Contain the date of the general election at which the referred law is to be submitted;
(4) Be accompanied by a notarized form that includes the names and addresses of the petition
sponsors; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition shall be filed with the secretary of state within ninety days after the adjournment of
the Legislature which passed the referred law. A sworn affidavit, signed by at least two-thirds of the
petition sponsors, stating that the documents filed constitute the entire petition and to the best of the
knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the
secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of
Elections.
The petition circulator shall provide to each person who signs the petition a form containing the
title of the referred law; the name, phone number, and email address of each petition sponsor; and
a statement whether the petition circulator is a volunteer or paid petition circulator
and, if a paid
circulator, the amount the circulator is being paid. The form shall be approved by the secretary of
state prior to circulation.
Section 4. That § 12-1-3 be amended by adding a NEW SUBDIVISION to read:
"Paid circulator," any person who receives money or anything of value for collecting signatures
for a petition;
Signed March 14, 2016
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CHAPTER 24
(HB 1037)
Initiated measure petition requirements revised.
ENTITLED, An Act to revise certain provisions concerning petitions for initiated constitutional
amendments, initiated measures, and candidates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1.1 be amended to read:
2-1-1.1. The petition as it is to be circulated for an initiated constitutional amendment shall be
filed with the secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated constitutional amendment;
(2) Contain the date of the general election at which the initiated constitutional amendment
is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized affidavit form signed by each person who is a petition
sponsor that includes the names name and addresses address of the each petition sponsors
sponsor; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the
title and explanation of the initiated constitutional amendment as prepared by the attorney general.
The form shall be approved by the secretary of state prior to circulation.
For any initiated constitutional amendment petition, no
signatures signature may be obtained
more than twenty-four months preceding the general election that was designated at the time of filing
of the full text. The initiated constitutional amendment petition shall be filed with the secretary of
state at least one year before the next general election. A
sworn notarized affidavit
form, signed by
at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire
petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures
shall also be filed with the secretary of state. The form of the petition and affidavit shall be
prescribed by the State Board of Elections.
Section 2. That § 2-1-1.2 be amended to read:
2-1-1.2. The petition as it is to be circulated for an initiated measure shall be filed with the
secretary of state prior to circulation for signatures and shall:
(1) Contain the full text of the initiated measure;
(2) Contain the date of the general election at which the initiated measure is to be submitted;
(3) Contain the title and explanation as prepared by the attorney general;
(4) Be accompanied by a notarized affidavit form signed by each person who is a petition
sponsor that includes the names name and addresses address of the each petition sponsors
sponsor; and
(5) Be accompanied by a statement of organization as provided in § 12-27-6.
The petition circulator shall provide to each person who signs the petition a form containing the
title and explanation of the initiated measure as prepared by the attorney general. The form shall be
approved by the secretary of state prior to circulation.
For any initiated measure petition, no
signatures signature may be obtained more than twenty-four months preceding the general election that was designated at the time of filing of the full text.
The initiated measure petition shall be filed with the secretary of state at least one year before the
next general election. A
sworn notarized affidavit
form, signed by at least two-thirds of the petition
sponsors, stating that the documents filed constitute the entire petition and to the best of the
knowledge of the sponsors contains a sufficient number of signatures shall also be filed with the
secretary of state. The form of the petition and affidavit shall be prescribed by the State Board of
Elections.
Section 3. That § 12-13-25.1 be amended to read:
12-13-25.1. Following receipt of the written comments of the director of the Legislative Research
Council, the sponsors shall submit a copy of the initiative or initiated amendment to the Constitution
in final form, to the attorney general. The attorney general shall prepare an attorney general's
statement which consists of a title and explanation. The title shall be a concise statement of the
subject of the proposed initiative or initiated amendment to the Constitution. The explanation shall
be an objective, clear, and simple summary to educate the voters of the purpose and effect of the
proposed initiated measure or initiated amendment to the Constitution. The attorney general shall
include a description of the legal consequences of the proposed amendment or initiated measure,
including the likely exposure of the state to liability if the proposed amendment or initiated measure
is adopted. The explanation may not exceed two hundred words in length. The attorney general shall
file the title and explanation with the secretary of state and shall provide a copy to the sponsors
within sixty days of receipt of the initiative or initiated amendment to the Constitution.
If the petition is filed as set forth in
§ 2-1-2 §§ 2-1-1.1 and 2-1-1.2, the attorney general shall
deliver to the secretary of state before the third Tuesday in May a simple recitation of a "Yes" or
"No" vote. On the printed ballots, the title shall be followed by the explanation and the explanation
shall be followed, if applicable, by the
fiscal impact statement prison or jail population cost estimate
prepared pursuant to § 2-1-20 and then followed by the recitation.
Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) "Petition circulator," any resident of the state of South Dakota who is at least eighteen
years of age and who circulates a nominating petition or other petition for the purpose of
placing a candidate or issue on any election ballot;
(2) "Petition sponsor," any person who proposes the placement of a statewide ballot measure
on the ballot.
Signed February 12, 2016
_______________
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CHAPTER 25
(SB 143)
Legislative Planning Committee
to implement performance management review.
ENTITLED, An Act to require the Legislative Planning Committee to implement a performance
management review process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 2-6 be amended by adding a NEW SECTION to read:
The Legislative Planning Committee shall develop and implement a performance management
review process that provides the Legislature with a consistent system to evaluate the efficiency and
effectiveness of state agencies and to provide additional government transparency and accountability
to the public.
Section 2. That chapter 2-6 be amended by adding a NEW SECTION to read:
For the purposes of this Act, performance management is an ongoing, systematic approach to
improving outcomes with a focus on accountability for performance by utilizing data-based
measurements. For the purposes of this Act, a state agency is any department or other unit of
government in the executive branch of state government, but does not include any unit of local
government.
Section 3. That chapter 2-6 be amended by adding a NEW SECTION to read:
The Legislative Planning Committee shall establish a schedule whereby the committee reviews
the performance management of each state agency at least once every three years. The performance
management review shall include the following:
(1) The strategic goals of each agency with specific, quantifiable outcomes and measurements
to track progress toward those goals;
(2) A description of how the resources allocated to the agency's programs and strategies will
result in the agency's defined outcomes; and
(3) Identification of the performance measurements that will be used to determine if the
agency is achieving desired outcomes.
Section 4. That chapter 2-6 be amended by adding a NEW SECTION to read:
Once the Legislative Planning Committee has completed a performance management review of
a state agency, and the committee has approved the agency's desired outcomes and accompanying
performance measures, the agency shall provide the committee with a report highlighting up to six
of the performance measures that show the progress being made toward the desired outcomes.
Thereafter, the report shall be updated by the agency annually and submitted to the committee no
later than November fifteenth. Each agency report shall include the source of the information and
references to where legislators can obtain further information.
Section 5. That chapter 2-6 be amended by adding a NEW SECTION to read:
The Legislative Research Council shall compile the reports provided pursuant to section 4 of this
Act, and distribute a compiled report to each member of the Legislative Planning Committee, the
chair and vice chair of the Joint Committee on Appropriations, and the chair and vice chair of the
Government Operations and Audit Committee. During the first week of the legislative session each
year, members of the Legislative Planning Committee shall present and review the compiled report
with legislators in each legislative body. Individual reports may also be distributed to the chair of any
standing committee of the Legislature as determined by the chair of the Legislative Planning
Committee.
To ensure public accountability, the Legislative Research Council shall develop a website that
contains the compiled report and the references where further information can be located.
Signed March 16, 2016
_______________
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CHAPTER 26
(SB 1)
Executive Board of the Legislative Research Council,
authority revised.
ENTITLED, An Act to revise certain provisions regarding 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:
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 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. 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. If a vacancy occurs in the ex officio
position on the board for the president pro tempore, the vacancy on the board shall be filled by the
majority party caucus until the Senate elects a new president pro tempore. If a vacancy occurs in the
ex officio position on the board for the speaker, the vacancy on the board shall be filled by the
speaker pro tempore until the House of Representatives elects a new speaker. No board member,
excepting ex officio, may serve more than three successive terms.
Section 2. That § 2-9-3 be amended to read:
2-9-3. In each term of the executive board operating in an odd-numbered year, the The speaker
of the House of Representatives shall be is the chair of the executive board, and the president pro
tempore of the Senate shall be is the vice chair from the first day of the regular session of the
Legislature in an odd-numbered year to the day prior to the first day of the regular session of the
Legislature in an even-numbered year, inclusive. In each term of the executive board operating in
an even-numbered year, the The president pro tempore of the Senate shall be is the chair of the
executive board, and the speaker of the House of Representatives shall be is the vice chair from the
first day of the regular session of the Legislature in an even-numbered year to the day prior to the
first day of the regular session of the Legislature in an odd-numbered year, inclusive. If a vacancy
occurs in the position of speaker of the House of Representatives, the speaker pro tempore shall
serve as chair or vice chair of the board, as provided by this section, until the House of
Representatives elects a new speaker. If a vacancy occurs in the position of president pro tempore,
the majority party caucus shall appoint a Senate member of the board to serve as chair or vice chair
of the board, as provided by this section, until the Senate elects a new president pro tempore.
Section 3. That § 2-9-5 be amended to read:
2-9-5. The executive board shall meet as often as may be necessary to perform its duties;
provided that in any event, it. The board shall meet at least four times each year. All regular meetings
shall be held at the state capitol. A majority of the members shall constitute constitutes a quorum,
and a majority thereof shall have authority to of the quorum may act on any matter falling within the
scope of the executive board's duties, powers, and authority. The board shall make its own rules and
regulations, keep complete minutes of its meetings, and prepare an annual report to be placed on file
in the Legislative Research Council Office.
Section 4. That § 2-9-8 be amended to read:
2-9-8. The executive board is hereby authorized and empowered to shall appoint a director of
the Legislative Research Council and. The director shall employ such clerks, assistants, and other
help the members of the Legislative Research Council staff and provide such procure the supplies
and equipment as may be necessary to assist the Legislature.
Signed March 10, 2016
_______________
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CHAPTER 27
(HB 1238)
Powers and duties of the Executive Board
of the Legislative Research Council, revised.
ENTITLED, An Act to revise the powers and duties of the Executive Board of the Legislative
Research Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-9-4 be amended to read:
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 the member's 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;
(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. Any payment decision of the speaker of
the House of Representatives may be appealed to the members of the executive board
from the House of Representatives. Any payment decision of the president pro tempore
of the Senate may be appealed to the members of the executive board from the Senate. No
funds may be paid beyond the amounts allocated to each body.
Signed March 16, 2016
_______________
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CHAPTER 28
(SB 150)
Additional interns for the minority party.
ENTITLED, An Act to revise provisions related to the legislative intern program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 2-9 be amended by adding a NEW SECTION to read:
The Executive Board of the Legislative Research Council shall assign college student interns to
the legislative branch of government. The Executive Board shall set the number of interns and divide
the total number of interns between the political parties in each chamber in proportion to the party
membership in each chamber as nearly as is practicable. The minority party in each house shall have
a minimum of three interns.
Section 2. That § 2-9-17 be repealed.
Section 3. That § 2-9-18 be repealed.
Section 4. That § 2-9-18.1 be repealed.
Section 5. That § 2-9-19 be repealed.
Signed March 9, 2016
_______________
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CHAPTER 29
(SB 32)
Legislation enacted in 2015, codified.
ENTITLED, An Act to codify legislation enacted in 2015.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-16-13 be amended to read:
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 2014 revision of volume 10;
(11) The 2014 revision of volume 10A;
(12) The 2014 revision of volume 11;
(13) The 2004 revision of volume 12;
(14) The 2004 revision of volume 13;
(15) The 2006 revision of volume 14;
(16) The 2004 revision of volume 15;
(17) The 2013 revision of volume 16;
(18) The 2004 revision of volume 17;
(19) The 2004 revision of volume 18;
(20) The 2011 revision of volume 19;
(21) The 2011 revision of volume 19A;
(22) The 2011 revision of volume 20;
(23) The 2013 revision of volume 21;
(24) The 2004 2015 revision of volume 22;
(25) The 2015 revision of volume 22A;
(26) The 2004 revision of volume 23;
(26)(27) The 2004 revision of volume 24;
(27)(28) The 2004 revision of volume 25;
(28)(29) The 2004 revision of volume 26;
(29)(30) The 2007 revision of volume 27;
(30)(31) The 2004 revision of volume 28;
(31)(32) The 2004 revision of volume 29;
(32)(33) The 2012 revision of volume 30;
(33)(34) The 2012 revision of volume 31;
(34)(35) The 2004 revision of volume 32;
(35)(36) The 2004 revision of volume 33;
(36)(37) The 2009 2015 revision of volume 34;
(37)(38) The 2004 revision of the Parallel Tables volume;
(38)(39) The December 2014 2015 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
(39)(40) The
2014 2015 cumulative annual pocket parts and supplementary pamphlet.
Section 2. That § 2-16-15 be amended to read:
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, 2015 2016, 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:
2-16-16. All statutes, other than this code, enacted at the 2015 2016 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 2015 2016 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 8, 2016
_______________
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PUBLIC OFFICERS AND EMPLOYEES
_______________
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CHAPTER 30
(HB 1056)
Veterans' preference in employment revised.
ENTITLED, An Act to revise certain provisions relating to the veterans' 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, municipalities, and school districts of this state, any veteran, as defined in § 33A-2-1,
who is a citizen 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. In order to determine if the veterans'
preference applies, each applicant for employment under this chapter shall complete an employment
application on which the applicant is asked if the applicant is a veteran as defined by § 33A-2-1.
Section 2. That § 3-3-2 be amended to read as follows:
3-3-2. If a veteran as defined in § 33A-2-1 applies for appointment for employment under this
chapter, the officer, board, or person whose duty it is to appoint or employ some person to fill the
position shall, before appointing or employing anyone to fill the position, investigate the
qualifications of the applicant. If the applicant is of good moral character and can perform the duties
of the position, the officer, board, or person shall appoint the applicant to the position possesses at
least the minimum qualifications necessary to fill the position, the officer, board, or person shall
interview the applicant.
Section 3. That chapter 3-3 be amended by adding a NEW SECTION to read:
Beginning on July 1, 2016, the Department of Veterans Affairs shall coordinate with the
Veterans Commission and the South Dakota Veterans Council to create informative materials about
current state laws pertaining to veterans' preference in employment to be both posted on the
Department of Veterans Affairs website for public access and for distribution by the council and its
member organizations.
Signed February 18, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\031.wpd
CHAPTER 31
(SB 14)
South Dakota Retirement System
revise and repeal provisions related to retirement.
ENTITLED, An Act to revise certain administrative provisions and repeal certain obsolete
provisions concerning the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-12-52 be amended to read:
3-12-52. The Board of Trustees board shall meet at least twice each year, and shall adopt its own
rules of procedure. A majority of trustees constitutes a quorum. At the first meeting of each fiscal
year the board shall elect from the board's membership a chair and a vice chair. At least eight
concurrent votes and a majority of the members present are required for a decision by the board for
any of its meetings.
Section 2. That § 3-12-55 be amended to read:
3-12-55. The Board of Trustees board shall appoint an administrator executive director, qualified
by training and experience, to serve at the pleasure of the Board of Trustees board. The annual salary
of the administrator executive director may be adjusted annually by the same rate appropriated as
the across-the-board increase to base salaries of state employees under the General Appropriations
Act in each corresponding year.
Before May first of each year, the board shall recommend any additional salary adjustment above
the across-the-board increase for the
administrator executive director for the upcoming fiscal year.
This salary adjustment is not effective unless
it is approved by a majority vote of the members of the
Retirement Laws Committee. The
administrator executive director may hire additional employees
as may be required to transact the business of the retirement system and shall fix the remuneration
for such services. The board shall require the bonding of the administrator executive director in an
amount set by the board which shall be included under the state employees' blanket bond. The
premium may be charged to the fund.
Section 3. That § 3-12-56 be amended to read:
3-12-56. Applications for membership for new or additional benefits, credited service, or benefit
payments which may be granted by the Board of Trustees board shall be made to the administrator
executive director on forms approved by the board.
Section 4. That § 3-12-57.1 be amended to read:
3-12-57.1. Any person aggrieved by a determination made by the system's staff may request
review of the determination and a decision by the administrator executive director. The person, if
then aggrieved by the administrator's executive director's decision, may appeal the decision, if the
person files a written notice of appeal with the administrator executive director within thirty days
of the date of the decision. The notice shall identify the person appealing and the decision appealed.
The appeal shall be conducted by a hearing examiner in accordance with chapter 1-26. The hearing
examiner, after hearing the evidence in the matter, shall make proposed findings of fact and
conclusions of law, and a proposed decision. The administrator executive director shall accept,
reject, or modify those findings, conclusions, and decision. The administrator executive director may
arrange for the assistance of private counsel throughout the administrator's executive director's
review of the proposal. The administrator's executive director's action constitutes the final agency
decision. The final agency decision may be appealed to circuit court pursuant to chapter 1-26.
Section 5. That § 3-12-61 be amended to read:
3-12-61. The South Dakota Retirement System expense fund is hereby continued and the Board
of Trustees board is hereby authorized to transfer from the South Dakota Retirement System fund
an annual amount not to exceed three percent of the annual contributions received by the system, and
the moneys so money transferred are hereby is appropriated for the payment of the administrative
costs of the system, provided that the. The board shall report its proposed annual budget to the
Legislature for its approval, within the budget report of the Department of Labor and Regulation.
Expenditures from all funds shall be disbursed on warrants drawn by the state auditor and shall be
supported by vouchers approved by the administrator executive director of the system.
Section 6. That § 3-12-62.1 be amended to read:
3-12-62.1. All personnel hired on or after July 1 June 30, 1980, by the divisions of the
Department of Labor and Regulation established by §§ 61-2-10 and 61-2-10.1 shall be members of
the system. Any individual so employed prior to before July 1, 1980, may elect to become a member
of the system, if that election is made prior to before July 1, 1981. Benefits accrued to a member
prior to the date of such election shall be continued and may not be considered as other public
benefits, as defined in subdivision 3-12-47(49), for the purposes of calculating or offsetting any
benefit resulting from participation in the system. Credited service earned under the retirement
system provided by chapter 61-2 may not be counted for the purpose of calculation of benefits under
chapter 3-12. For any individual who elects to be a member of the system pursuant to this section,
credited service earned under the retirement system provided by chapter 61-2 shall be counted for
the purpose of vesting under chapter 3-12 and for the eligibility requirements under §§ 3-12-95 and
3-12-98, provided that for any family or disability benefits pursuant to this chapter, if contributions
made to the system provided under chapter 61-2 are not withdrawn.
Section 7. That § 3-12-63 be amended to read:
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
before July 1, 1980, and who elect to remain participants in the retirement system
provided by chapter 61-2;
(3) The governing body of any participating county, municipality, or other political
subdivision; and
(4) All personnel employed by the municipality of Sioux Falls
prior to before July 1, 2013.
However, any person employed
prior to before 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 8. That § 3-12-67.1 be amended to read:
3-12-67.1. Notwithstanding the provisions of § 3-12-67, any employee of the municipality of
Sioux Falls who 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 if the municipality of Sioux Falls elects
to be a participating unit by a duly passed resolution of its governing body.
Section 9. That § 3-12-69 be amended to read:
3-12-69. Employees of an eligible political subdivision or public corporation not participating
in the systems consolidated into the system created by this chapter, may become a participating unit
in the system if the unit commits to deposit an amount equal to the present value of the benefits
earned to date, based on the employee's prior service to the unit to be covered by the system. The
expense of the actuarial determination of this amount shall be borne by the applicant. All eligible
employees of an applicant shall participate in the system upon admission. If the unit is unable to
deposit this amount in a single sum, the unit shall have the option to pay the amount by periodic
level installments over a period up to twenty years, the value of which, when discounted for
compound interest at the effective rate assumed rate of return, is equal to the amount due at the date
of participation.
Section 10. That § 3-12-72 be amended to read:
3-12-72. All employee and employer contributions to the system and the necessary supporting
data shall be transmitted by the employer at least monthly to the administration office of the system.
Each such monthly transmission for each respective calendar month shall be completed by the
fifteenth day of the following month. All supporting data shall be transmitted electronically in a
format determined by system personnel. All contributions shall be deposited with the state treasurer
in the fund duly established to administer this chapter. If any participating unit fails to deliver
contributions with respect to compensation paid in any month and the necessary supporting data by
the fifteenth day of the following month, the participating unit shall pay to the system a penalty equal
to five percent of the delinquent contributions. The delinquent contributions and the penalty shall
bear interest at the assumed rate of return from the date due until the date paid. In calculating
accumulated contributions pursuant to subdivision 3-12-47(2), all contributions with respect to
compensation paid in any fiscal year shall be included in the calculation of interest credited for that
fiscal year.
Section 11. That § 3-12-72.4 be amended to read:
3-12-72.4. If a participating unit determines that a governmental function is to be privatized, the
participating unit shall pass a resolution to that effect determining the date that its employees will
cease to be public employees eligible for membership in the system. The participating unit shall
notify the system and the employees affected of its the resolution and, after the effective date, cease
to make contributions to the South Dakota Retirement System as required in §§ 3-12-71 and 3-12-72.
Any member affected by privatization is entitled to the benefits accrued as of the effective date under
the provisions of chapter 3-12. For the purposes of determining eligibility for vesting pursuant to
subdivision § 3-12-47(73) and early retirement pursuant to § 3-12-106, years of service with the
successor employer shall be considered.
Section 12. That § 3-12-74 be amended to read:
3-12-74. If any participating unit becomes delinquent thirty or more days by failure or refusal to
pay any amounts due to the system, the state treasurer shall, upon certification by the administrator
executive director of the delinquency, withhold and deduct the amount of the delinquency, penalty,
and interest as specified in § 3-12-72 from the next succeeding payment or payments of any money
in the hands of the state treasurer due and payable to the participating unit.
Section 13. That § 3-12-77.3 be amended to read:
3-12-77.3. Any rights which have terminated pursuant to the provisions of § 3-12-77 or 3-12-77.1 may be reinstated upon presentation to the system administrator executive director of a request
for reinstatement of those rights and competent evidence of the rights.
Section 14. That § 3-12-81.1 be amended to read:
3-12-81.1. If a retired member becomes reemployed as a permanent full-time employee by a
participating unit, the member first shall have terminated the member's employment relationship with
the initial participating unit, as outlined in subdivision 3-12-47(70) as the term, terminated, is
defined in this chapter and as required pursuant to Revenue Ruling 57-115 by the Internal Revenue
Service. The initial participating unit's system representative shall certify to the system that the
termination of the employment relationship took place. In addition, any second participating unit
shall subject the member shall have been subject to all proceedings and requirements associated with
the hiring and employment of any new employee by the second participating unit, and that unit's
system representative shall so certify to the system. If a single participating unit is both the member's
initial participating unit and the member's second participating unit, it the unit shall follow all
termination procedures and all hiring procedures relative to the member as outlined by this section,
and its chief executive officer, the officer's agent, or the chair of its the unit's governing commission
or board shall so certify.
Section 15. That § 3-12-82 be amended to read:
3-12-82. If less than three years of contributory service or noncontributory service as delineated
in subsections (b), (e), (g), and (h) of subdivision 3-12-47(24) is acquired after a retired member's
reentry into covered employment, the member upon subsequent retirement shall receive a refund of
the member's accumulated contributions.
If three years or more of contributory service or noncontributory service as delineated in
subsections (b), (e), (g), and (h) of subdivision 3-12-47(24) are acquired after a retired member's
reentry into covered employment, the member upon subsequent retirement may receive either a
refund of the member's accumulated contributions or an additional allowance based upon the
member's credited service and final compensation earned during such reentry. Only the member's
credited service from the subsequent employment shall be taken into account in calculating a
reduction pursuant to § 3-12-106, if any, in the member's additional allowance. In addition, the
annual increase applied to the original allowance pursuant to § 3-12-88 shall be eliminated for such
the period of reemployment, unless the member retired as a Class B member other than a justice,
judge, or magistrate judge and subsequently reentered covered employment as a Class A member.
The provisions of this section apply to any member who retired without any reduction in benefits
pursuant to § 3-12-106 and who reenters covered employment
on or after
July 1 June 30, 2004, but
prior to before April 1, 2010.
Section 16. That § 3-12-86.1 be amended to read:
3-12-86.1. If a member on leave of absence performing initial qualified military service dies, the
member shall be considered to have returned from the leave of absence on the day prior to before
the member's death and become a contributing member for purposes of survivor benefits pursuant
to § 3-12-95 § 3-12-95.5, if the member has at least one year of credited service prior to the
member's death, including the initial period of qualified military service. If the member was
contributing for additional survivor protection benefits pursuant to § 3-12-104 immediately prior to
before the leave of absence, the member shall be considered to have resumed such the contributions
on the day prior to before the member's death.
If a member on leave of absence performing initial qualified military service becomes disabled
pursuant to the disability criteria set out in chapter 3-12
and ARSD chapter 62:01:04, the member
shall be considered to have returned from the leave of absence on the day
prior to before the
member's discharge date and become a contributing member for purposes of eligibility for disability
benefits pursuant to
§ 3-12-98 § 3-12-201, if the member has at least three years of credited service
including the period of initial qualified military service. The provisions of
§ 3-12-98 § 3-12-201
notwithstanding, the member need not have been deemed to be a contributing member on the date
of the member's disabling event.
Section 17. That chapter 3-12 be amended by adding a NEW SECTION to read:
Beginning January 1, 2009, to the extent required by § 414(u)(12) of the Internal Revenue Code,
a member receiving differential wage payments, as defined under § 3401(h)(2) of the Internal
Revenue Code, from a member's employer shall be treated as employed by that employer, and the
differential wage payment shall be treated as compensation for purposes of applying the limits on
annual additions under § 415(c) of the Internal Revenue Code. This provision shall be applied to all
similarly situated members in a reasonably equivalent manner.
Section 18. That § 3-12-87 be amended to read:
3-12-87. Payment of a deposit with the system for credited service pursuant to §§ 3-12-83 to 3-12-86, inclusive, shall be determined and due at the time the notice of intention to make the payment
is received by the system. The amount due may be paid by periodic, level installments over a period
of up to ten years, the value of which, when discounted for interest at the assumed rate of return, is
equal to the amount due at the date of the notice. If a member dies before completion of the
installment payments, the surviving spouse may complete the payments due the system, but, unless
the payments are being made by a participating unit, the amount shall be paid in full within ninety
days of the member's death or retirement. In the event If the periodic payments are not completed
or paid when due, the administrator executive director may make an appropriate adjustment to the
credited service, benefits payable under this chapter, or schedule of payments to allow for the default.
Any member participating in installment payments pursuant to this section prior to before July 1,
1989, shall have the balance due on July 1, 1989, recalculated pursuant to §§ 3-12-83 and 3-12-84
and shall have the installment payments due on or after July 1 June 30, 1989, recalculated
accordingly. The provisions of this section apply only to installment payment purchases of credited
service that are not tax-deferred, but and do not apply to tax-deferred purchases pursuant to § 3-12-83.2.
Section 19. That § 3-12-95.2 be amended to read:
3-12-95.2. The conservator and custodian provisions of subdivision 3-12-95(2) and § 3-12-95.1
notwithstanding, the benefit becomes payable directly to a child when the child reaches eighteen
years of age. The benefit shall be eliminated when the child becomes ineligible pursuant to
subdivision 3-12-47(14).
Section 20. That § 3-12-95.3 be amended to read:
3-12-95.3. That The portion of a family benefit that is payable on account of children pursuant
to subdivision 3-12-95(1) shall be eliminated as each child becomes ineligible pursuant to
subdivision 3-12-47(14). The benefit shall be eliminated altogether when the youngest child becomes
ineligible pursuant to subdivisions 3-12-47(14).
Section 21. That § 3-12-98 be amended to read:
3-12-98. A contributing member who becomes disabled and who has acquired at least three years
of contributory service or noncontributory service as delineated in subsections (b), (e), (g), and (h)
of subdivision 3-12-47(24) since the member's most recent entry into active status and prior to
becoming disabled or was disabled by accidental means while performing usual duties for an
employer, is eligible for a disability benefit if the disability is expected to be of long, continued, and
indefinite duration of at least one year. In order to be eligible for a disability benefit, a member must
be disabled on the date the member's contributory service ends. Any member who fails to file an
application for disability benefits with the administrator executive director within three years of after
the date on which the member's contributory service ends, forfeits all rights to disability benefits.
Any information required for a complete application must be received within one year after the
application for disability benefits was received. If the required information is not received by the
system within one year after the application is received, the member may reapply. For purposes of
this section, a transfer within a participating unit, or a change in employment from one participating
unit to another participating unit if there is no break in contributory service, does not constitute a new
entry into active status. The provisions of this section apply to any member whose application for
disability benefits is received by the system prior to before July 1, 2015.
Section 22. That § 3-12-99.1 be amended to read:
3-12-99.1. That portion of a disability benefit that is payable on account of children shall be
eliminated as each child becomes ineligible pursuant to subdivision 3-12-47(14). However, that the
portion of a disability benefit that is payable on account of children shall increase if a disabled
member gains an additional child who is eligible pursuant to subdivision 3-12-47(14). All other
provisions in § 3-12-101 do not apply to members receiving a disability benefit pursuant to this
chapter. The provisions of this section apply to any member whose application for disability benefits
is received by the system prior to before July 1, 2015.
Section 23. That § 3-12-114 be amended to read:
3-12-114. If any change or error in the records of the system or any participating unit results in
any person receiving from the system less than the person would have been entitled to receive had
the records been correct, the administrator executive director shall correct the error and, as far as
practicable, shall adjust the payment to provide the person the amount to which the person is
correctly entitled.
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 executive director 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 before 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.
Section 24. That § 3-12-116 be amended to read:
3-12-116. If a designated beneficiary does not survive the member, any lump-sum payment that
may be due shall be payable to the member's surviving spouse. If there is no surviving spouse, the
payment shall be payable to all of the member's surviving children, irrespective of age, on a share-alike basis. If there is no surviving spouse and there are no surviving children, the payment shall be
payable to the estate of the deceased member. 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 executive director, payment of the claim is warranted by
exceptional circumstances.
Section 25. That § 3-12-118 be amended to read:
3-12-118. The Board of Trustees board shall retain the services of an independent contractor, not
involved in the investment process, to make a report to the board not less than every four years on
the investment performance results of the assets of the retirement funds. The report shall include,
but not be limited to, the investment for the total portfolio and each major investment category
thereof; a comparison of the investment return on the common stocks in the portfolio to market
indices in general use and to the results achieved by other institutional investors of pension funds;
and an appraisal of the success of the management of the actively traded bond portfolio, including
a comparison of the return on the bonds in the portfolio to the bond indices in general use and a
quantitative estimate of the aggregate gains or losses arising out of the portfolio transactions, both
current exchanges and those that have to be worked out over time by a series of trades.
Section 26. That § 3-12-122 be amended to read:
3-12-122. The board shall review the funding of the system and shall make a report to the
Governor and the Retirement Laws Committee if any of the following conditions exist as of the latest
annual actuarial valuation of the system:
(1) The contributions do not equal the actuarial requirement for funding;
(2) The funded ratio is less than eighty percent, or a ratio based on the market fair value of
assets is less than eighty percent; or
(3) The market fair value of assets is less than ninety percent of the actuarial value of assets.
The report shall include an analysis of the conditions and recommendations for the circumstances
and timing for any
future benefit changes, contribution changes, or any other corrective action, or
any combination of actions, to improve the conditions. Based on this report and the
recommendations of the board, the Legislature may adopt benefit changes, contribution changes, or
any other corrective action, or any combination of actions, to improve the conditions set out in this
section.
If any of the conditions set out in this section exist for a period of three consecutive annual
actuarial valuations, the board shall recommend benefit
reductions changes, contribution changes,
or any other corrective action, or any combination of actions, for approval by the Legislature and the
Governor, effective as soon as possible, to improve the conditions set out in this section.
Eligibility for benefits, the amount of any benefit, and the rate of member contributions
established in this chapter are not the contractual rights of any member and are subject to change by
the Legislature for purposes of corrective action to improve the conditions established in this section.
Section 27. That § 3-12-127 be amended to read:
3-12-127. Notwithstanding the repeal on July 1, 1974, of chapters 3-12; 3-13; 9-15; 13-45;
certain provisions of chapter 16-8; chapter 16-11A; and certain provisions of chapter 33-13, all
members of systems established thereunder shall be entitled to retire at the age, with the length of
service and the benefits available to them under those provisions or the provisions of this chapter.
For the purposes of this section, the administrator executive director shall retain as part of the
permanent files of his office all volumes of the South Dakota Compiled Codified Laws, together
with the 1973 pocket supplements thereto.
Section 28. That § 3-12-130 be amended to read:
3-12-130. A current contributing Class B member other than a justice, judge, or magistrate judge,
may convert credited service as a county sheriff or deputy county sheriff prior to before January 1,
1980, or credited service as a county sheriff or deputy county sheriff while not certified from January
1, 1980, to June 30, 1988, inclusive; credited service as a police officer while not certified from July
1, 1983, to June 30, 1988, inclusive; credited service as a penitentiary correctional staff member
prior to before July 1, 1978; credited service as a conservation officer prior to before July 1, 1983;
credited service as a parole agent prior to before July 1, 1991; and credited service as an air rescue
firefighter prior to before July 1, 1992, from credited service as a Class A member with benefits
provided in accordance with § 3-12-91 to credited service as a Class B member other than a justice,
judge, or magistrate judge, with benefits provided in accordance with § 3-12-92, by election to make,
or have made on the member's behalf, contributions based on the higher of the member's current
compensation, or the member's final average compensation calculated as if the member retired on
the date of election, at an actuarially-determined percentage times each year of service for which the
member wishes to receive such Class B credit. The provisions of this section also apply to a current
contributing Class B member, other than a justice, judge, or magistrate judge, who previously has
purchased equivalent public service pursuant to the provisions of § 3-12-84.
Payment of a deposit with the system for the conversion of credited service in accordance with
this section shall be determined and due at the time the notice of intention to make the payment is
received by the system. The amount due may be paid by periodic level installments over a period of
up to ten years, the value of which, if discounted for interest at the assumed rate of return, is equal
to the amount due at the date of the notice. If a member dies before completion of the installment
payments, the surviving spouse may complete the payments due
to the system, but unless the
payments are being made by a participating unit, the amount shall be paid in full within ninety days
of the member's death or retirement. If the periodic payments are not completed or paid when due,
the
administrator executive director may make a pro rata adjustment to the credited service, benefits
payable under this chapter or schedule of payments to allow for the default.
If the credited service of any member or group of members becomes Class B credited service on
a prospective basis
on or after
July 1 June 30, 1993, the prior credited service as a Class A member
may be converted to Class B credited service in accordance with this section. If a jailer becomes a
Class B member other than a justice, judge, or magistrate judge
pursuant to subdivision 3-12-47(25)
or subdivision 3-12-47(55), the jailer is eligible to convert prior credited service as a jailer under this
section.
Section 29. That § 3-12-143 be amended to read:
3-12-143. For the first thirty-six months of a disability benefit provided by § 3-12-99, the
maximum amount that a member may receive in any calendar year from the disability benefit and
earned income, as defined in § 32(c)(2) of the Internal Revenue Code, is one hundred percent of the
member's final average compensation. Starting with the thirty-seventh month of such the disability
benefit, the maximum amount that a member may receive in any calendar year from disability
benefits provided by the federal Social Security Act equal to the primary insurance amount, the
disability benefit provided by this chapter and earned income, as defined in § 32(c)(2) of the Internal
Revenue Code, is one hundred percent of the member's final average compensation. The maximum
amount shall be indexed for each full fiscal year during which the member is eligible for such
disability benefit by the improvement factor defined in subdivision 3-12-47(41). Any amount
exceeding this maximum amount shall reduce each monthly disability benefit payable pursuant to
§ 3-12-99 in the following fiscal year on a pro rata basis.
Any member eligible to receive a disability benefit shall report to the system in writing any
earned income of the member. The report shall be filed with the system
no later than May thirty-first
before June first following the end of each calendar year in which a disability benefit is paid. A
disabled member may file a signed copy of the member's individual income tax return in lieu of the
report. No report or return need be filed for the calendar year
in which the member dies or converts
to a normal or early retirement benefit under this chapter. The disability benefit of any member
failing to file a report or return as required in this section shall be suspended until the report or return
is filed. The reduction may occur, however, only if a disability benefit is being paid by the system,
but may not reduce the disability benefit below the minimum provided for in § 3-12-99.
This section applies to any member receiving or entitled to receive a disability benefit pursuant
to § 3-12-98.
Section 30. That § 3-12-190 be amended to read:
3-12-190. On an annual basis, at minimum, the board shall establish an interest rate assumption
upon which the provisions of subsequent supplemental pension contracts shall be based. The board
shall establish the assumption on the basis of the recommendations of the system's actuary and the
state investment officer. The interest rate assumption may not be greater than the actuarial assumed
rate of return for the fund, nor may the interest rate assumption be less than the effective rate of
interest described in subdivision 3-12-47(27). Any other provision of law notwithstanding, the board
may suspend issuance of new supplemental pension contracts at any time. Any suspension of new
supplemental pension contracts shall be prospective in operation and may not affect supplemental
pension contracts already in effect.
The
structure administration of
the supplemental pension benefit
administration requires that
supplemental pension benefit purchase costs vary from one time period to the next. Consequently,
participants who accept the option of a supplemental pension benefit have no expectation or
fundamental right to any particular supplemental pension benefit purchase price.
Section 31. That § 3-12-193 be amended to read:
3-12-193. A supplemental pension participant shall receive an annual increase in the amount of
the participant's supplemental pension benefit for each year commencing on the July first following
the date on which the benefit was first payable, and equal to the improvement factor established in
subdivision 3-12-47(41) applicable to the participant. If a supplemental pension contract goes into
effect prior to before July 1, 2010, and if the first annual increase is for a period of less than twelve
months, the initial increase shall be prorated as described in that subdivision. If a supplemental
pension contract goes into effect on or after July 1 June 30, 2010, there shall be no initial prorated
annual increase for a period of less than twelve months.
Section 32. That § 3-12-194 be amended to read:
3-12-194. If payment of monthly supplemental pension benefits ceases due to the death of the
participant or the death of a supplemental pension spouse, and the total of monthly supplemental
pension benefits paid is less than the amount of the participant's single premium, the difference
between the total benefits paid and the single premium shall be disbursed in a lump sum as provided
in this section. Amounts payable under this section shall be disbursed as follows:
(1) To the beneficiary or entity designated by the participant in the participant's supplemental
pension contract record, if any is designated;
(2) If no beneficiary or entity is designated, then to all surviving children of the participant,
irrespective of age, on a share-alike basis; or
(3) If no beneficiary or entity is designated and there are no surviving children, then to the
participant's estate.
If no claim for payment due upon the death of a deceased participant 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 executive
director, payment of the claim is warranted by exceptional circumstances.
The provisions of this section are not affected by the provisions of § 3-12-110 or 3-12-116.
Section 33. That § 3-12-195 be amended to read:
3-12-195. Supplemental pension contract purchases and supplemental pension benefit payments
administered pursuant to the provisions of §§ 3-12-189 to 3-12-198, inclusive, are considered to be
qualified plan distributed annuity contracts under Internal Revenue Service Treasury Regulation
1.402(c)-2, as amended through January 1, 2008.
Section 34. That § 3-12-199 be amended to read:
3-12-199. If, on or after April 1 March 31, 2010, a retired member reenters covered employment
within the three consecutive calendar months that start with the member's effective date of
retirement, the member's retirement is deemed invalid. If the member received one or more
retirement annuity benefit payments during the invalid retirement, the member shall either repay the
payments as a lump sum immediately or the repayments shall be, repay the payments by contractual
payments over a period of up to three years, which payments shall include interest at the assumed
rate of return, or the repayments shall be repay the payments by an actuarial equivalent reduction in
eventual monthly benefits based on the mortality table and scale used to determine an actuarial
equivalent, as defined in subdivision 3-12-47(3).
Section 35. That § 3-12-200 be amended to read:
3-12-200. If, on or after April 1 March 31, 2010, a retired member reenters covered employment
at some time after the three consecutive calendar months that start with the member's effective date
of retirement, the member's retirement benefits and continued membership shall be administered
pursuant to this section.
If the retired member's benefits have not been reduced pursuant to § 3-12-106, the member's
monthly retirement
annuity benefit shall be reduced by fifteen percent and the annual increase shall
be eliminated throughout the period that the member reenters covered employment in accord with
§ 3-12-88. The reduction and elimination shall cease if the member again terminates covered
employment. However,
the foregoing provisions notwithstanding, the reduction and elimination do
not apply if the member retired as a Class B member other than a justice, judge, or magistrate judge
and subsequently reenters covered employment as a Class A member.
If the retired member's benefits have been reduced pursuant to § 3-12-106, the member's benefits
shall be suspended during the period that the member reenters covered employment and the annual
increase shall be eliminated during the period that the member reenters covered employment
, both
in accord with pursuant to § 3-12-111.1. The suspension and elimination shall cease if the member
again terminates covered employment.
Whether the member's retirement benefits are unreduced or
have been reduced, contributions
required of the member pursuant to § 3-12-71 shall be deposited by the member's participating unit
with the system for the benefit of the member to be transferred to an account within the deferred
compensation program established pursuant to chapter 3-13. The contributions shall be governed by
§ 457 of the Internal Revenue Code. The foregoing notwithstanding However, the contributions
required of the member's employer unit pursuant to § 3-12-71 shall be deposited into the member
trust fund created by this chapter, but without any with no association with or credit to the member.
The member may not earn any additional benefits associated with the period that the member
reenters covered employment.
Section 36. That § 3-12-201 be amended to read:
3-12-201. A contributing member who becomes disabled and who has acquired at least three
years of contributory service or noncontributory service as delineated in subsections (b), (e), (g), and
(h) of subdivision 3-12-47(24) since the member's most recent entry into active status and prior to
before becoming disabled, or was disabled by accidental means while performing usual duties for
an employer, is eligible for disability benefits if the disability is expected to be of long, continued,
and indefinite duration of at least one year and the member is disabled on the date the member's
contributory service ends. For purposes of this section, a transfer within a participating unit, or a
change in employment from one participating unit to another participating unit if there is no break
in contributory service, does not constitute a new entry into active status. The provisions of this
section apply to any member whose application for disability benefits is received by the system after
June 30, 2015.
Section 37. That § 3-12-202 be amended to read:
3-12-202. Any member seeking disability benefits pursuant to § 3-12-201 shall submit an
application to the administrator executive director. Any information required for a complete
application must be received within one year after the application for disability benefits was
received. If the required information is not received by the system within one year after the
application is received, the member may reapply.
Any member, who fails to file an application for disability benefits with the
administrator
executive director within three years after the date
on which the member's contributory service ends,
forfeits all rights to disability benefits.
Section 38. That § 3-12-205 be amended to read:
3-12-205. Upon receipt of an application for disability benefits after June 30, 2015, along with
statements from a health care provider and the member's employer, the administrator executive
director shall determine whether the member is eligible for disability benefits. The administrator
executive director may request the advice of the disability advisory committee with respect to any
application. The recommendation of the disability advisory committee is not binding on the
administrator executive director. The disability advisory committee or the administrator executive
director may require an independent medical examination of the member to be conducted by a
disinterested health care provider selected by the disability advisory committee or the administrator
executive director to evaluate the member's condition. The disability advisory committee or the
administrator executive director may require a functional capacity assessment of the member to be
conducted by a licensed professional qualified to administer such assessments, and the an
assessment. The assessment may be used to evaluate the member's qualification for benefits. Refusal
to undergo an examination or assessment pursuant to this section is cause for denying the
application.
If the
administrator executive director determines that the member is not disabled, a notice of the
administrator's executive director's determination and the reasons for the determination shall be sent
,
by certified mail
, to the member's last known address.
Section 39. That § 3-12-206 be amended to read:
3-12-206. If the administrator executive director determines that the member whose application
was received pursuant to § 3-12-205, meets the qualifications to receive disability benefits, a notice
of the administrator's executive director's determination shall be sent, by certified mail, to the
member's last known address. A member whose application for disability benefits is approved shall
receive the benefits beginning with the month following the date on which the member's contributory
service terminates. If any member fails to terminate contributory service within one year after
receiving notice that the member's application has been approved, the member's application approval
expires.
Section 40. That § 3-12-210 be amended to read:
3-12-210. A member's disability benefits pursuant to § 3-12-207 terminate if the member is no
longer disabled, as certified by a health care provider. Upon receipt of certification the administrator
executive director shall determine whether the member meets the qualifications for disability
benefits. In making this determination the administrator executive director shall follow the same
procedure used in making the initial determination of disability provided in § 3-12-205. A member's
disability benefits shall be suspended and subject to termination if the member refuses to undergo
an examination or assessment requested by the disability advisory committee or the administrator
executive director. If the administrator executive director finds that the member no longer meets the
qualifications for disability benefits, the administrator executive director shall notify the member of
this finding by certified mail and the payment of disability benefits shall terminate thirty days after
receipt of the notice. Such a The finding by the administrator executive director is subject to appeal
and review as a contested case.
Section 41. That § 3-12-214 be amended to read:
3-12-214. Upon the death of a member receiving disability benefits pursuant to § 3-12-207, who
dies prior to normal retirement age, a family benefit shall be paid on behalf of any child of the
member. The monthly amount of the family benefit is the amount of the monthly disability benefits
the member received prior to before death. The monthly family benefit shall be equally apportioned
among any children of the member and shall be paid on behalf of any child to the conservator or
custodian of the child, as applicable. However, if the child is eighteen years of age the benefit is
payable directly to the child. As any a child becomes ineligible pursuant to subdivision 3-12-47(14),
the family benefit shall be reallocated among any remaining eligible children of the deceased
member. The family benefit terminates if there are no eligible children of the deceased member
pursuant to subdivision 3-12-47(14).
Section 42. That § 3-12-47.3 be repealed.
Section 43. That § 3-12-77.2 be repealed.
Section 44. That § 3-12-120.1 be repealed.
Section 45. That § 3-12-120.2 be repealed.
Section 46. That § 3-12-120.3 be repealed.
Section 47. That § 3-12-139 be repealed.
Section 48. That § 3-12-140 be repealed.
Section 49. That § 3-13-50 be amended to read:
3-13-50. The administrator executive director shall administer the plan. The administrator
executive director may hire additional employees as may be required and shall set the remuneration
of such the employees.
Section 50. That § 3-13-51.1 be amended to read:
3-13-51.1. Funds held by the fund may be invested by plan participants in such investments as
are deemed appropriate A participant may invest in any investment selected by the state investment
officer, including, but not limited to, annuity contracts. The state investment officer is authorized to
may enter into contracts for investment alternatives and to offer internal investment alternatives, and
the plan administrator is authorized to. The executive director or third-party administrator may
transfer funds to, from, and among the respective investment alternatives as directed by the
participant or as required if the investment alternative is no longer available. The state investment
officer shall be held to the standard of conduct of a fiduciary and shall carry out all functions solely
in the interests of the participants and benefit recipients and for the exclusive purpose of providing
benefits and defraying reasonable expenses incurred in performing such the duties as required by
law.
Section 51. That § 3-13-51.2 be amended to read:
3-13-51.2. The administrator executive director shall execute any agreements as are necessary
to carry out the provisions of this chapter, except such agreements as are executed by the state
investment officer pursuant to § 3-13-51.1. Any contract for an investment alternative in effect on
July 1, 2000, is hereby transferred by operation of law to the state investment officer as of July 1,
2000.
Section 52. That § 3-13-52 be amended to read:
3-13-52. Neither the plan nor any participating employer may have any liability to any participant
for losses arising out of any decrease in the value of any investments held by the plan. The liability
of the plan to any participant is limited to the value of the participant's account on the date the
account is made available to the participant pursuant to the provisions of the plan. In no event may
any member of the board, the administrator executive director or any member of the administrator's
executive director's staff have any liability for any action taken with respect to the plan unless such
action be taken in bad faith.
Section 53. That § 3-13-53 be amended to read:
3-13-53. The South Dakota deferred compensation fund is hereby established. All compensation
deferred pursuant to this chapter shall be deposited in such the fund. Expenditures from the fund
shall be paid on warrants drawn by the state auditor on vouchers approved by the administrator
executive director. All administrative expenses shall be budgeted and expended pursuant to chapters
4-7, 4-8, 4-8A, and 4-8B. In accord with § 457(g) of the Internal Revenue Code, all money in the
fund and all property and rights held by the fund, at all times until made available to a participant
or the participant's beneficiary, shall be held in trust for the exclusive benefit of the participant. All
compensation deferred pursuant to this chapter shall be transferred not later than fifteen business
days after the end of the month in which the compensation otherwise would have been paid to the
participant.
Section 54. That § 3-13A-2 be amended to read:
3-13A-2. The definitions contained in § 3-12-47 chapter 3-12 apply to this chapter unless
otherwise so specified. In addition, the following terms used in this chapter mean:
(1) "Account," the record for each participant reflecting the amount of the participant's special
pay transmitted to the fund, allocated investment gains and losses thereon, and
administrative charges against those amounts;
(2) "Accounting date," the date on which an investment is valued and the total investment
return is allocated to a participant's account;
(3) "Administrator," the administrator of the South Dakota Retirement System as provided
in § 3-12-55;
(4) "Board," the South Dakota Retirement System Board of Trustees as established under § 3-12-48;
(4) "Executive director," the executive director of the South Dakota Retirement System as
provided in § 3-12-55;
(5) Deleted by SL 2013, ch 20, § 19;
(6) "Fund," the South Dakota special pay fund established pursuant to § 3-13A-3;
(7)(6) "Normal retirement date," the date a participant may retire pursuant to the provisions of
chapter 3-12 without reduced benefits;
(8)(7) "Participant," a terminated employee of a participating unit who has reached the calendar
month prior to before the month of the employee's fifty-fifth birthday and who received
six hundred dollars or more in special pay;
(9)(8) "Participating unit," the State of South Dakota, the South Dakota Board of Regents, or any
other political subdivision of the state that participates in the program;
(9A)(9) "Plan year," a calendar year ending on December thirty-first;
(10) "Program," the South Dakota Special Pay Retirement Program created pursuant to §§ 3-13A-1 to 3-13A-25, inclusive;
(11) "Special pay," compensation other than regular salary or wages granted to a participant
and transferred in a lump-sum to the fund at the termination of the participant's
employment;
(12) "Third-party administrator," a person who, pursuant to contract, handles administration
of the program on behalf of the board and the administrator executive director; and
(13) "Vendor," a person or organization selected by the state investment officer to provide
investment or insurance products to the program.
Section 55. That § 3-13A-3 be amended to read:
3-13A-3. The South Dakota special pay fund is hereby established. All compensation transmitted
to the fund pursuant to §§ 3-13A-1 to 3-13A-25, inclusive, shall be deposited in the fund.
Expenditures from the fund shall be paid on warrants drawn by the state auditor and supported by
vouchers approved by the administrator executive director. All administrative expenses shall be
budgeted and expended pursuant to chapters 4-7, 4-8, 4-8A, and 4-8B. All money in the fund and
all property and rights held by the fund shall be held in trust for the exclusive benefit of the
participants at all times until made available to a participant or the participant's beneficiary. All
benefits payable under this program shall be paid and provided for solely from the fund and a
participating unit assumes no liability or responsibility therefor. Any trust under the program shall
be established pursuant to a written agreement that constitutes a valid trust under the law of South
Dakota.
Section 56. That § 3-13A-9 be amended to read:
3-13A-9.
Moneys held by the fund may be invested by program participants in such investments
as are deemed appropriate A plan participant may invest in any investment selected by the state
investment officer
, including annuity contracts. The state investment officer may enter into contracts
for investment alternatives
and to offer internal investment alternatives. The
program administrator
executive director or third-party administrator may transfer funds to, from, and among the respective
investment alternatives
as directed by the participant or as required if the investment alternative is
no longer available.
Section 57. That § 3-13A-11 be amended to read:
3-13A-11. Each participant may elect to have the participant's funds invested in one or more of
the investment alternatives selected by the state investment officer pursuant to § 3-13A-9. Subject
to any limitations imposed by the administrator executive director, a vendor, or a third-party
administrator, a participant may elect to transfer any portion of the account balance from one offered
investment alternative to another at any time, if notice is given to the administrator executive director
or the third-party administrator. Any costs associated with such a transfer shall be borne by the
participant and shall be deducted from the participant's account. If, due to a payroll error, a
participant's deferral is deposited in an investment alternative other than the one selected by the
participant, the administrator executive director or third-party administrator may correct the error by
transferring the participant's deferral to the proper investment alternative, subject to any limitations
which may be imposed by the vendor. No retroactive adjustment may be made.
Section 58. That § 3-13A-12 be amended to read:
3-13A-12. If a contract between the state investment officer and a vendor is terminated and a
participant fails to notify the administrator executive director or third-party administrator of the
participant's new investment selection before the contract terminates, the administrator executive
director or third-party administrator shall transfer that participant's account to the investment
alternative designated by the state investment officer.
Section 59. That § 3-13A-17 be amended to read:
3-13A-17. The administrator executive director shall administer the program, shall have all
powers necessary to accomplish that purpose, and shall determine all questions arising under or in
connection with the program. The administrator executive director may hire additional employees
as may be required and shall set the remuneration of such the employees. In addition, the
administrator executive director, with the approval of the board, may contract with vendors for third-party administration of various duties under the program as the administrator executive director sees
fit. The administrator executive director shall execute any agreements as are necessary to carry out
the provisions of §§ 3-13A-1 to 3-13A-25, inclusive, except such any agreements as are executed
by the state investment officer pursuant to § 3-13A-9.
Section 60. That § 3-13A-22 be amended to read:
3-13A-22. A participant is entitled to receive a distribution from the participant's account upon
written application to the administrator executive director or third-party administrator. The
participant may elect, on forms prescribed by the administrator executive director or third-party
administrator, the time at which distributions under the program are to commence by designating the
month and year during which the first distribution is to be made. The participant may elect to receive
the participant's distribution in any of the following forms:
(1) A lump sum;
(2) Equal monthly installments over a fixed period; or
(3) Any other form offered by the
administrator executive director or a third-party
administrator.
The application and election shall be made prior to the time any amounts become payable. A
participant or a beneficiary who has chosen a payment form may change that payment option, if no
payment has yet been made, and subject to any administrative restrictions and charges established
by the board.
Section 61. That § 3-13A-25 be amended to read:
3-13A-25. Neither the program nor any participating unit is liable to any participant for losses
arising out of any decrease in the value of any investments held under the program. The liability of
the program to any participant is limited to the value of the participant's account on the date the
participant chooses to begin payment pursuant to the provisions of the program. In no event may any
member of the board, the administrator executive director, or any member of the administrator's
executive director's staff have any liability for any action taken with respect to the program unless
such the action has been taken in bad faith.
Section 62. That ARSD 62:01:01:01 be amended to read:
62:01:01:01...Definition of terms. Terms defined in
SDCL 3-12-47 SDCL chapters 3-12 and 3-13A have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Disability advisory committee," a committee composed of the secretary of the Department
of Human Services or a designee, a lawyer, and a physician, the latter two members both appointed
by the administrator executive director;
(2) "Represented group," a group entitled to elect one or more trustees pursuant to SDCL 3-12-48 and 3-12-49. The group to which a member belongs is determined from the records of the system;
(3).."Employment," for purposes of SDCL 3-12-103.1, includes engagement of services by an
employer who is not a participating unit and self-employment;
(4).."Class B public safety member," an individual who is a class Class B member other than a
justice, judge, or magistrate judge.
Section 63. That ARSD 62:01:02:01 be amended to read:
62:01:02:01...Determination of
class A or class B Class A or Class B member. A member is a
class A Class A member until proof is supplied to the
administrator executive director that a member
is a
class B Class B member. The
administrator executive director shall change the records when a
change of duties requires a change of class.
Section 64. That ARSD 62:01:02:11 be amended to read:
62:01:02:11...Reentry into system for purposes of redeposit _ Limit on redeposit. For purposes
of SDCL 3-12-80, a person reenters the system only if the person previously has terminated
employment
as defined in subdivision 3-12-47(70) or has ceased active membership by shifting to
less than permanent full-time status; the person has withdrawn the person's accumulated
contributions pursuant to SDCL 3-12-76 or SDCL 3-12-76.1; and
it the reentry is the person's initial
return to active status after a termination or shift, accompanied by a withdrawal. The redeposit may
apply only to that withdrawal.
Section 65. That ARSD 62:01:03:02 be amended to read:
62:01:03:02...Determination of eligibility for retirement
allowance benefit. Upon receipt of an
application for a retirement
allowance benefit, the
administrator executive director shall determine
whether or not the applicant is eligible for the allowance benefit.
Section 66. That ARSD 62:01:03:02.01 be amended to read:
62:01:03:02.01...Certification when retired member becomes reemployed _ Penalty. If a retired
member becomes reemployed by the same employer unit
that the member retired from within one
year after the member's retirement, the system may require both the member and the employer unit
to certify that:
(1)..The member's termination was a complete severance of employment as outlined in SDCL
subdivision 3-12-47(70) and in SDCL 3-12-81.1;
(2)..All standard hiring and employment procedures of the employer unit were followed in the
reemployment process; and
(3)..No prior agreement to reemploy the member, either overt or covert, existed between the
member and the employer unit or any officer of the employer unit.
An employer unit's chief executive officer or the officer's agent or the chair of the employer's
governing commission or board shall provide the certification on behalf of the employer unit. The
system shall provide forms for the member's and the employer unit's certifications. An intentionally
false certification provides grounds for legal recourse pursuant to SDCL 22-29-9.1.
Section 67. That ARSD 62:01:04:03 be amended to read:
62:01:04:03...Disability determination _ Disability advisory committee _ Medical examination.
Upon receipt of an application for a disability
allowance benefit, with supporting medical evidence,
the
administrator executive director shall determine whether the applicant is eligible for a disability
allowance benefit. The
administrator executive director may request the advice of the disability
advisory committee with respect to any application. The recommendation of the disability advisory
committee is not binding on the
administrator executive director. The disability advisory committee
or the
administrator executive director may require an independent medical examination of an
applicant to be conducted by a licensed, disinterested physician selected by the disability advisory
committee or the
administrator executive director to evaluate the applicant's condition. The disability
advisory committee or the
administrator executive director may require a functional capacity
assessment of the applicant to be conducted by a licensed professional qualified to administer such
assessments, and the assessment may be used to evaluate the applicant's qualification for benefits.
If the
administrator executive director determines that the member is not disabled, a notice of the
administrator's executive director's determination and the reasons for it shall be sent
, by certified
mail
, to the applicant's last known address.
Section 68. That ARSD 62:01:04:06 be amended to read:
62:01:04:06...Medical examination of member receiving disability
allowance benefit _ Refusal.
The
administrator executive director may require a member receiving a disability
allowance benefit
to undergo a medical examination at any time at the expense of the system. If the member refuses
to submit to a medical examination within 30 days of receipt of written notice from the
administrator
executive director, the one-year period outlined in SDCL 3-12-103.1 begins to run and continues
until the member withdraws the refusal. If the refusal continues for one year, the member forfeits all
rights to the disability
allowance benefit. If the member agrees to submit to a medical examination,
upon completion of the examination by a physician selected by the
administrator executive director,
the physician shall provide to the
administrator executive director a complete report on the condition
of the member. If the
administrator executive director finds that the member is no longer disabled,
the
administrator executive director shall
so notify the member by certified mail and the payment of
the disability
allowance benefit shall terminate pursuant to SDCL 3-12-103.1.
Such a A finding by
the
administrator executive director is subject to appeal and review as a contested case.
Section 69. That ARSD 62:01:05:03 be amended to read:
62:01:05:03...Procedure for nomination _ Filing of member petition. A justice, judge, or
magistrate judge who is a candidate for nomination for trustee shall file one or more petitions
containing, in all, at least five valid signatures of members of the candidate's represented member
group. Each other member candidate for nomination for trustee shall file one or more petitions
containing, in all, at least 20 valid signatures of members of the candidate's represented group. In
addition to the required signatures, each petition shall contain the name, address, and last four digits
of the social security number of the member candidate and a declaration of candidacy signed by the
candidate. Each nominating petition must be in the possession of the office of the
administrator no
later than executive director by 5:00 p.m. on February 23.
Section 70. That ARSD 62:01:05:03.01 be amended to read:
62:01:05:03.01...Procedure for nomination _ Filing of employer petition. Each employer
candidate for nomination for trustee shall file one or more petitions containing, in all, at least 20
valid signatures of members of the candidate's represented group. In addition to the required
signatures, each petition shall contain the name, address, and represented employer group of the
candidate and a declaration of candidacy signed by the candidate. Each nominating petition must be
in the possession of the office of the
administrator no later than executive director by 5:00 p.m. on
February 23.
Section 71. That ARSD 62:01:05:06 be amended to read:
62:01:05:06...Preparation of ballots. The
administrator executive director shall prepare separate
ballots for each represented group entitled to vote in the election. Each ballot shall contain the
appropriate designation of the represented group and the names, in alphabetical order, and the
addresses of the candidates. No ballot shall be prepared if there are less than two candidates who
have filed valid nominating petitions to represent a represented group.
Section 72. That ARSD 62:01:05:07 be amended to read:
62:01:05:07...Mailing of ballots. The
administrator executive director shall mail
no later than
April 30 before May 1 the applicable ballot to each member entitled to vote in the election and to
each employer entitled to vote in the election.
Section 73. That ARSD 62:01:05:08 be amended to read:
62:01:05:08...Validity of member ballot. To be valid, a member ballot must be in the possession
of the office of the
administrator no later than executive director by 5:00 p.m. on May 25. The ballot
may be returned enclosed in an envelope.
Section 74. That ARSD 62:01:05:09 be amended to read:
62:01:05:09...Validity of employer ballot. To be valid, an employer ballot must be signed by the
presiding officer of the governing board or commission of the employer and in the possession of the
office of the
administrator no later than executive director by 5:00 p.m. on May 25. The ballot may
be returned enclosed in an envelope.
Section 75. That ARSD 62:01:05:10 be amended to read:
62:01:05:10...Issuance of new ballot. The
administrator executive director may issue a second
ballot to a voter only with approval of the internal auditing manager, who has sole control over all
replacement ballots. The internal auditing manager may approve the issuance of a replacement ballot
only upon receipt of an affidavit from the member or employer eligible to vote that certifies that an
original ballot was not received or the original ballot was lost or misplaced and not previously
returned to the system.
Section 76. That ARSD 62:01:05:13 be amended to read:
62:01:05:13...Results of election. The board shall confirm its count or the canvassers' report and
shall certify the results of the election at the first board meeting after ballot counting pursuant to
§.62:01:05:12 is completed. However, the
administrator executive director shall notify all the
candidates and the members of the board of the tentative election results within three business days
after the ballot counting is completed. If no election is required, the board shall declare the nominee
elected.
Section 77. That ARSD 62:01:05:14 be amended to read:
62:01:05:14...Contest of election. An election is considered valid unless a notice of contest is
filed with the
administrator executive director within 15 days after the election results are
announced. If
such a notice
of contest is filed, the board shall hold a hearing pursuant to SDCL
chapter 1-26 to determine the validity of the election.
Section 78. That ARSD 62:01:05:15 be amended to read:
62:01:05:15...Storage of ballots. The
administrator executive director shall keep all ballots cast
in a safe place in the office of the
administrator executive director before the ballots are counted. The
administrator executive director shall hold the counted ballots in the office of the
administrator
executive director for at least 45 days after the election results are announced or until a contest is
finally decided.
Section 79. That ARSD 62:01:06:05 be amended to read:
62:01:06:05...Finality of decision if the
administrator executive director does not act _ Time
limit. If the
administrator executive director does not accept, reject, or modify the hearing examiner's
proposed findings of fact, conclusions of law, and decision within 30 days after receiving them, the
proposals become the final agency decision unless a party to the proceedings files a petition
requesting formal administrative agency review of the proposals.
Section 80. That ARSD 62:01:06:06 be amended to read:
62:01:06:06...Written rationale for rejection or modification of a decision or findings _ Time
limit. If the
administrator executive director rejects or modifies the hearing examiner's proposed
findings of fact, conclusions of law, or decision, the
administrator executive director shall state the
rationale for the rejection or modification in writing within 30 days and shall date the written
document and provide it to the interested parties.
Section 81. That ARSD 62:01:06:07 be amended to read:
62:01:06:07...Declaratory rulings _ Time limit _ Hearing examiners. A petition for a declaratory
ruling pursuant to SDCL 1-26-15 shall be heard in accordance with the procedures in SDCL chapter
1-26. The petition shall be filed within 30 days of the event giving rise to the petition. The
administrator executive director may utilize the services of a hearing examiner to hear the arguments
of interested parties and to issue a recommended ruling to the
administrator executive director.
Section 82. That ARSD 62:01:07:01 be amended to read:
62:01:07:01...Secretary to board _ Filing. The
administrator executive director shall act as
secretary to the board. Any document required to be filed with the board shall be filed with the
administrator executive director.
Section 83. That ARSD 62:01:07:03 be amended to read:
62:01:07:03...Waiver of privilege. A filing of a notice of appeal of an
administrator's executive
director's decision by a member for a hearing to be conducted by a hearing examiner shall be, for the
purpose of the hearing and any subsequent appeal, a waiver by the member of any privilege against
disclosure of information contained in the files of the system relevant to the subject matter of the
hearing.
Section 84. That ARSD 62:01:07:05 be amended to read:
62:01:07:05...Procedure for filling a vacancy on the board. The
administrator executive director
shall be notified of a vacancy on the board by the vacating board member, by the member's
participating unit's governing body, by the member's employer, or by any other board member. Upon
the
administrator's executive director's receipt of notice, the procedure to fill the vacancy shall be
as follows:
(1)..The administrator executive director shall notify all members of the board of the vacancy;
(2)..If circumstances permit, the administrator executive director shall ask the incumbent to
recommend a replacement to serve in the incumbent's stead;
(3)..If the vacancy is for a trustee to serve on behalf of an employer represented group, the
administrator executive director shall notify the governing body of each participating unit affected
by the vacancy of the vacancy and request the governing body's input in seeking a qualified
candidate. The administrator executive director shall solicit résumés of qualified individuals persons
from governing bodies and interested individuals persons. The résumés shall be submitted to the
administrator executive director. If a state-wide association exists that is made up of members of the
employer represented group, the administrator executive director shall notify the association of the
vacancy and request the association's input in seeking a qualified candidate. If the vacancy is for a
trustee to serve on behalf of an employee represented group, the administrator executive director
shall notify all authorized agents for the group affected by the vacancy of the vacancy and request
that all employees affected by the vacancy be advised of the vacancy. Any interested member of the
represented group may submit his or her résumé to the administrator executive director. If a state-wide association exists that is made up of members of the employee represented group, the
administrator executive director shall notify the association of the vacancy and request the
association's input in seeking a qualified candidate;
(4)..The administrator executive director shall provide to each board member a copy of each
résumé received;
(5)..At its next regularly-scheduled meeting, the board, by secret ballot, shall select a replacement
trustee from among those individuals persons who submitted résumés; and
(6)..The replacement trustee shall fill the vacancy on the board immediately and shall serve until
the regular term of the vacancy has been completed and the position is filled for a new term through
a normal election pursuant to SDCL 3-12-49 and chapter 62:01:05.
The provisions of this section notwithstanding, no vacant position may be filled unless the
vacancy occurs at least eight months prior to when a normal election for a regular term will be
completed to fill that trustee position pursuant to SDCL 3-12-49 and chapter 62:01:05.
Section 85. That ARSD 62:01:07:07 be amended to read:
62:01:07:07...Prospective nature of qualified domestic relations orders. The provisions of a
qualified domestic relations order shall be prospective from the date of the order. Any division of
benefits paid prior to the date of the order, service of the order upon the system, or qualification of
the order by the system, whichever is later, shall be the responsibility of the parties to the order.
However, the administrator executive director may agree to adjust future payments to remedy an
error in prior payments if the error in prior payments involved the system.
Section 86. That ARSD 62:01:07:12 be amended to read:
62:01:07:12...Member repayment of overpayments _ Options _ Interest _ Delayed repayment _
Failure by member to select an option _ System notice and member understanding. A member
who
must required to repay an overpayment of benefits pursuant to SDCL 3-12-114 may choose to make
the repayment by an actuarial
equivalent reduction in monthly benefits
based on the mortality table
and scale used to determine an actuarial equivalent as defined in SDCL subdivision 3-12-47(3). If
the member does not have a spouse, the reduction shall continue for the member's lifetime. If the
member has a spouse, the reduction shall reduce both the member's monthly benefits and the
surviving spouse's monthly benefits and shall continue for both the member's and the surviving
spouse's lifetimes.
In the alternative, a member
who must required to repay an overpayment of benefits pursuant to
SDCL 3-12-114 may choose to make immediate repayment in a lump-sum from other funds or may
choose to make repayment by monthly benefit reductions over a period not to exceed three years.
Repayment shall include interest at the assumed rate of return
as defined in SDCL subdivision 3-12-47(9A), unless the overpayment is due to a system error, in which case the
administrator executive
director may absolve any interest accrual.
If a member's repayment is delayed for more than three months, interest on the overpayment
amount shall accrue during the period of delay at the system's assumed rate of return, unless the
overpayment is due to a system error, in which case the
administrator executive director may absolve
any interest accrual.
If a member
who must required to repay an overpayment does not choose a repayment option
within two months after being given notice of the overpayment, the member is deemed to have
chosen to make repayment by
an actuarial
equivalent reduction
in monthly benefits as outlined in
this section. If repayment is pursuant to an actuarial
equivalent reduction by either the member's
choice or the member's failure to choose a repayment option, system staff shall inform the member
that the reduction is unlikely to result in repayment of the exact amount of the overpayment, plus
interest if appropriate, and the member is presumed to so understand.
Section 87. That ARSD 62:01:07:13 be amended to read:
62:01:07:13...Administration of additional survivor protection contributions and coverage. A
member enrolled in the additional survivor protection program pursuant to SDCL 3-12-104
prior to
before July 1, 2010, may maintain that coverage so long as there is no break in the member's
contributions or employment. Any of the following constitutes a break in a member's contributions
or employment:
(1)..Voluntary or involuntary discontinuance of contributions;
(2)..Required discontinuance pursuant to SDCL 3-12-104;
(3)..Termination of covered employment as defined in subdivision 3-12-47(70), even if the
member returns to covered employment with the same employer or a different employer;
(4)..Leave of absence, except for military leave of absence; or
(5)..A break in service due to a series of two or more contracts for specified months of service.
A military leave of absence is not a break in contributions or employment. A transfer within an
employer unit or from one employer to another without a termination is not a break in contributions
or employment.
Section 88. That subdivision (3) of ARSD 62:03:01:01 be amended to read:
(3)..
"Administrator," the administrator "Executive director," the executive director of the South
Dakota Retirement System as provided in SDCL 3-12-55;
Section 89. That ARSD 62:03:02:03 be amended to read:
62:03:02:03...Enrollment of participants. An eligible employee may become a participant by
signing a participation agreement. Participation becomes effective on the first day of the month
following the date on which the participation agreement is signed. If a new employee signs and files
a participation agreement on the employee's date of hire, that agreement may become effective
immediately. The plan may not accept any deferrals unless a signed participation agreement is on
file in the office of the
administrator executive director or the third-party administrator.
Section 90. That ARSD 62:03:02:04 be amended to read:
62:03:02:04...Participation agreement. The
administrator executive director shall establish a form
of participation agreement which includes the name, address, social security number, and birthdate
of the participant and the participant's beneficiary; the name and address of the participant's
employer; the participant's selection of investment alternatives; and any other information necessary
for the administration of the plan.
Section 91. That ARSD 62:03:05:06 be amended to read:
62:03:05:06...Unforeseeable emergency. If a participant suffers an unforeseeable emergency, the
participant may request an immediate distribution of all or part of the participant's deferrals. If the
administrator executive director approves the request, the distribution shall be made to the extent
necessary to satisfy the need, including payment of federal income tax withholding, if necessary. If
the
administrator executive director denies the request, the participant may appeal the denial pursuant
to the appeal procedures outlined in SDCL 3-12-57.1 and in ARSD chapter 62:01:06 by giving
notice of intention to appeal within 30 days after the date of the
administrator's executive director's
written notice of denial. The appeal shall be conducted in accordance with SDCL chapter 1-26. No
distribution may be made to the extent that the unforeseeable emergency may be relieved through
reimbursement or compensation by insurance or otherwise, by liquidation of the participant's assets
to the extent that the liquidation does not cause severe financial hardship, or by discontinuation of
deferrals under the plan. The need to send a participant's child to college, divorce proceedings, or
the desire to purchase a home are not considered unforeseeable emergencies. Any amount that is
distributed on account of an unforeseeable emergency is not an eligible rollover distribution and the
participant may not elect to have any portion of the distribution paid directly to an eligible retirement
plan.
The provisions of this section do not apply if a distribution may be made pursuant to
§.62:03:05:07.
Section 92. That ARSD 62:03:05:07 be amended to read:
62:03:05:07...In-service distributions of small amounts _ Calculation _ Handling of certain
involuntary distributions. Any other provision of this chapter notwithstanding, a participant may
receive an in-service distribution from the plan, or the
plan administrator executive director may
render an involuntary distribution to the participant, under the following conditions:
(1)..The participant is inactive in the plan and has made no deferrals for at least two years prior
to the distribution;
(2)..The total distribution _ whether elective or involuntary or both _ does not exceed $5,000;
and
(3)..The participant previously has not received either an elective or an involuntary distribution
under the plan.
If implementing subdivision (2) of this section, the value of a participant's nonforfeitable account
balance shall be determined without regard to that portion of the account balance
that is attributable
to rollover contributions
(, and earning allocable thereto
), within the meaning of §§.402(c),
403(a)(4), 403(b)(8), 408(d)(3)(A)(ii), and 457(e) of the
code Internal Revenue Code.
If an involuntary distribution is in excess of $1,000 and if the participant does not elect to have
the distribution transferred to an eligible retirement plan pursuant to §.401(a)(31) of the
code Internal
Revenue Code or does not elect to receive the distribution directly, the distribution shall be
transferred to an individual retirement plan of a designated trustee or issuer. The
plan administrator
executive director shall notify the participant in writing that the distribution may be transferred to
another individual retirement plan.
Signed February 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\031.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\032.wpd
CHAPTER 32
(SB 13)
South Dakota Retirement System, new system created.
ENTITLED, An Act to establish a new retirement benefit structure for certain public employees who
are members of the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any generational member, the term, accumulated contributions, means the sum of:
(1) All contributions made by the member;
(2) Eighty-five percent of the contributions made by the member's employer if the member
has three years or more of contributory service or noncontributory service, or fifty percent
of the contributions made by the employer if the member has less than three years of
contributory service or noncontributory service;
(3) Member credited service purchases pursuant to §§ 3-12-83, 3-12-84, and 3-12-84.2; and
(4) The effective rate of interest on the sum of subdivisions (1), (2), and (3).
Section 2. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any generational member, the term, credited service, means the sum of the following:
(1) Years of service, or fractions thereof, for which member contributions were made to the
system;
(2) Any period of authorized leave of absence or sick leave with pay for which deductions for
member contributions are made, deposited, and credited to the fund;
(3) Any period of authorized leave of absence or sick leave without pay or temporary layoff,
during or for which a member obtained credit by payments to the fund made in lieu of
salary deductions; and
(4) Any period during which a member is on an authorized leave of absence to enter military
service, if the member fulfills the provisions of § 3-12-86.
Section 3. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any generational member, the term, final average compensation, means the highest average
annual compensation earned by a member during any period of twenty consecutive calendar quarters
during the member's last forty calendar quarters of membership in the system. If the compensation
received in the last calendar quarter considered exceeds one hundred five percent of the amount in
the highest previous calendar quarter, or if the average compensation received in the last four
calendar quarters exceeds one hundred five percent of the amount earned in the highest calendar
quarter prior to the last four calendar quarters considered, only the lesser amount shall be considered
and the excess shall be excluded in the computation of final average compensation.
For purposes of determining final average compensation if periods of contributory service are
separated by breaks, any service earned from covered employment may be aggregated to constitute
a period of twenty consecutive calendar quarters.
For any member who has less than twenty but more than four calendar quarters of membership
in the system, the member's final average compensation shall be based on the compensation received
in all quarters of membership. For any member who has four calendar quarters of membership or
less, the member's final average compensation shall be based on the member's annual compensation.
Section 4. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any generational member, the term, improvement factor, means the annual increase in the
amount of the benefit provided on July first, compounded annually. However, no annual increase
may be provided unless the member has received benefit payments for at least the consecutive,
twelve-month period before July first. The annual increase shall be established by the board for each
fiscal year, based on the fair value funded ratio of the system and the increase in the consumer price
index for the preceding third calendar quarter compared to the consumer price index for the third
calendar quarter for the base year (the previous year in which the consumer price index was the
highest), as follows:
(1) If the system's fair value funded ratio is less than eighty percent, the improvement factor
shall be equal to the increase in the consumer price index, but no less than one percent
and no greater than two and one-tenth percent;
(2) If the system's fair value funded ratio is eighty percent or greater but less than ninety
percent, the improvement factor shall be the increase in the consumer price index, but no
less than one percent and no greater than two and four-tenths percent;
(3) If the system's fair value funded ratio is ninety percent or greater but less than one
hundred percent, the improvement factor shall be the increase in the consumer price
index, but no less than one percent and no greater than two and eight-tenths percent; or
(4) If the system's fair value funded ratio is one hundred percent or greater, the improvement
factor shall be the increase in the consumer price index, but no less than one percent and
no greater than three and one-tenth percent.
Section 5. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any generational member, normal retirement age is sixty-seven for Class A credited service
and for Class B credited service as a justice, judge, and magistrate judge and age fifty-seven for other
Class B credited service. The Legislature may increase the normal retirement age for some or all
then-contributing members if life expectancy at retirement continues to increase, as substantiated by
a periodic actuarial experience analysis that takes into account census data of all active members,
vested terminated members, and retired members as well as beneficiaries of the system.
Section 6. That chapter 3-12 be amended by adding a NEW SECTION to read:
Upon retirement, a generational member shall receive a normal retirement benefit, commencing
at normal retirement age or thereafter, for Class A credited service, equal to one and eight-tenths
percent of final average compensation for each year of Class A credited service.
Section 7. That chapter 3-12 be amended by adding a NEW SECTION to read:
Upon retirement, a generational member shall receive a normal retirement benefit, commencing
at normal retirement age or thereafter, for Class B credited service other than as a justice, judge, or
magistrate judge, equal to two percent of final average compensation for each year of Class B
credited service other than as a justice, judge, or magistrate judge.
Section 8. That chapter 3-12 be amended by adding a NEW SECTION to read:
Upon retirement, a generational member shall receive a normal retirement benefit, commencing
at normal retirement age or thereafter, equal to three and three hundred thirty-three thousands percent
of final average compensation for the first fifteen years of Class B credited service as a justice, judge,
or magistrate judge and two percent of final average compensation for each year of Class B credited
service as a justice, judge, or magistrate judge in excess of fifteen years.
Section 9. That chapter 3-12 be amended by adding a NEW SECTION to read:
Any generational member applying for a retirement benefit shall elect one of the following
monthly benefit options:
(1) A single life benefit that provides a monthly benefit to the member for as long as the
member lives and ceases upon the death of the member;
(2) A sixty percent joint and survivor benefit that provides a reduced lifetime monthly benefit
to the member, and upon the member's death sixty percent of the reduced benefit
continues to the surviving spouse until the death of the surviving spouse; or
(3) A one hundred percent joint and survivor benefit that provides a reduced lifetime monthly
benefit to the member, and upon the member's death one hundred percent of the reduced
benefit continues to the surviving spouse until the death of the surviving spouse.
The benefits payable to the member and the surviving spouse pursuant to a joint and survivor
benefit are based on the ages of the member and the spouse and are the actuarial equivalent of a
single life benefit. The monthly benefit of a member electing the joint and survivor benefit is reduced
in order to provide for a continuing benefit for the surviving spouse after the member's death. The
last payment of the member's benefit is for the month in which the member's death occurs, and any
surviving spouse benefit is effective from the first day of the month following the member's death.
The benefits payable pursuant to this section shall be paid in accordance with § 401(a)(9) of the
Internal Revenue Code.
Section 10. That chapter 3-12 be amended by adding a NEW SECTION to read:
If more than one monthly retirement benefit payment has been made to the generational member,
the benefit election made by a member is irrevocable and surviving spouse benefits, if elected, may
only be paid to the person who is the spouse both at the time of the election and at the time of the
member's death and only if the spouse survives the member. The benefit election may not be
rescinded in the event of a subsequent divorce or the subsequent death of the spouse.
Section 11. That chapter 3-12 be amended by adding a NEW SECTION to read:
No retirement benefit may be paid unless the system has received a completed application for
a retirement benefit, including the benefit option elected. The application shall be signed by both the
generational member and the member's spouse, if applicable, and each signature shall be witnessed
by a representative of the system or notarized.
Section 12. That chapter 3-12 be amended by adding a NEW SECTION to read:
Unless a generational member's required beginning date for retirement occurs first, the retirement
benefit of a generational member is effective in accordance with whichever of the following is last:
(1) The first day of the month following the date on which the member's contributory service
terminated;
(2) The first day of the month following an intervening complete calendar month after the
date on which the member's written application for retirement benefits is received by the
system; or
(3) The first day of the month specified in the member's application for retirement.
The last payment of the member's benefit is for the month in which the member's death occurs.
Section 13. That chapter 3-12 be amended by adding a NEW SECTION to read:
Any generational member who fails to make a timely application for retirement benefits may
receive three months of benefits retroactive from the effective date of the member's retirement
benefit. However, no member may receive any retroactive benefits for any period of time before the
first day of the month following the date the member's contributory service terminated.
Section 14. That chapter 3-12 be amended by adding a NEW SECTION to read:
The disability benefit approved pursuant to § 3-12-206 is the greater of the following
calculations:
(1) Twenty-five percent of the generational member's final average compensation at the date
of disability; or
(2) The generational member's unreduced accrued retirement benefit at the date of disability.
The disability benefit shall be paid in monthly installments. The disability benefit of a
generational member shall terminate upon attaining normal retirement age, or if the member
commences a disability benefit within five years of normal retirement age, after receiving the
disability benefit for five years, and thereafter the member shall receive a retirement benefit. In order
to start the retirement benefit, the member shall submit a completed retirement application that
includes the benefit option elected by the member. The single life benefit is equal to the amount the
member received as a disability benefit.
Section 15. That chapter 3-12 be amended by adding a NEW SECTION to read:
Any vested generational member may elect to start the retirement benefit in the ten years
preceding the member's normal retirement age. However, no retirement benefit may be paid unless
the member submits a completed retirement application to the system that includes the benefit option
elected by the member. The normal retirement benefit shall be reduced by five percent for each full
year and prorated for each additional full month between the date the early retirement benefit
commences and the date the member attains normal retirement age.
Section 16. That chapter 3-12 be amended by adding a NEW SECTION to read:
Upon the death of a generational member retiree who elected either a sixty percent or one
hundred percent joint and survivor benefit, the surviving spouse is eligible to receive a surviving
spouse benefit. The amount of the surviving spouse benefit is based on the election made upon the
retirement of the member and is payable on a monthly basis to the surviving spouse for the life of
the spouse.
Section 17. That chapter 3-12 be amended by adding a NEW SECTION to read:
Upon the death of a generational member who was vested or died while performing usual duties
for the employer and who has reached normal retirement age but has not yet begun a retirement
benefit, a surviving spouse is eligible to receive a surviving spouse benefit. The surviving spouse
benefit is equal to sixty percent of the actuarially reduced amount the member would have received
if the member retired on the date of death and elected the sixty percent joint and survivor benefit.
The annual benefit shall be divided into monthly payments and is payable for the life of the surviving
spouse. The payments are effective the first day of the month following the member's death.
Section 18. That chapter 3-12 be amended by adding a NEW SECTION to read:
If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a contributing
generational member who had acquired at least three years of contributory service or noncontributory
service or died while performing usual duties for the employer or died while receiving a disability
benefit, shall, upon attaining the age sixty-seven, receive a surviving spouse benefit as follows:
(1) If a family benefit had been paid, sixty percent of the family benefit paid at the time the
family benefit ended, increased by the improvement factor from the date the last family
benefit was paid; or
(2) If a family benefit had not been paid, sixty percent of the amount calculated pursuant to
subsection (a) or (b), whichever is greater, increased by the improvement factor from the
date of the member's death:
(a) Twenty-five percent of the member's final average compensation at the time of the
member's death; or
(b) The member's unreduced accrued retirement benefit at the time of the member's
death.
The surviving spouse benefit shall be paid in monthly installments for the life of the surviving
spouse.
Section 19. That chapter 3-12 be amended by adding a NEW SECTION to read:
A generational member's spouse who is eligible to receive a surviving spouse benefit at age
sixty-seven may elect to start the benefit in the ten years preceding the spouse attaining the age of
sixty-seven. The early surviving spouse benefit, payable for the life of the surviving spouse, is the
surviving spouse benefit reduced by five percent for each full year and prorated for each additional
full month between the date the early surviving spouse benefit commences and the date the surviving
spouse attains the age of sixty-seven.
Section 20. That chapter 3-12 be amended by adding a NEW SECTION to read:
If a retired generational member reenters covered employment at some time after the three
consecutive calendar months that start with the member's effective date of retirement, the member's
retirement benefits and continued membership shall be administered pursuant to this section.
If the retired member's benefits have not been reduced, the member's monthly retirement benefit
shall be reduced by fifteen percent and the annual increase shall be eliminated throughout the period
that the member reenters covered employment. The reduction and elimination shall cease if the
member again terminates covered employment. However, the reduction and elimination do not apply
if the member retired as a Class B member other than a justice, judge, or magistrate judge and
subsequently reenters covered employment as a Class A member.
If the retired member's benefits have been reduced, the member's benefits shall be suspended
during the period that the member reenters covered employment and the annual increase shall be
eliminated during the period that the member reenters covered employment. The suspension and
elimination shall cease if the member again terminates covered employment.
Whether the member's retirement benefits are unreduced or reduced, contributions required of
the member pursuant to § 3-12-71 shall be deposited by the member's participating unit with the
system for the benefit of the member to be transferred to an account within the deferred
compensation plan established pursuant to chapter 3-13. The contributions shall be governed by
§ 457 of the Internal Revenue Code. However, the contributions required of the member's employer
unit pursuant to § 3-12-71 shall be deposited into the fund created by this chapter, but with no
association or credit to the member. The member may not earn any additional benefits associated
with the period that the member reenters covered employment.
Section 21. That chapter 3-12 be amended by adding a NEW SECTION to read:
Each generational member shall have a variable retirement account, which consists of variable
retirement contributions and the credited investment return. The investment return shall be credited
annually as of June thirtieth for all generational members with a variable retirement account on that
date. The credited investment return is the South Dakota Investment Council's reported
money-weighted investment return of the system, net of fees, for the completed fiscal year. For any
account distributed during the fiscal year, the estimated investment return shall be credited to the end
of the month before the date on which the retirement benefit is paid or the disability benefit is paid
or the death occurred, as applicable. Any variable retirement contributions made during the fiscal
year shall receive one-half year's credited investment return.
Section 22. That chapter 3-12 be amended by adding a NEW SECTION to read:
Each year the board shall establish the variable retirement contribution for the following fiscal
year based on the results of the most current annual actuarial valuation. The variable retirement
contribution for any year may be adjusted from zero to one and one-half percent of each contributing
generational member's compensation and shall be allocated to each generational member's variable
retirement account. The variable retirement contribution for the fiscal year beginning July 1, 2017,
shall be one and one-half percent of each contributing member's compensation.
Section 23. That chapter 3-12 be amended by adding a NEW SECTION to read:
The variable retirement account is payable at the retirement, disability, or death of the
generational member. The variable retirement account is payable to the generational member when
the member commences a retirement benefit or a disability benefit or to the generational member's
eligible child, eligible spouse, or beneficiary upon the death of the member. The variable retirement
account is not payable to any member who withdraws his or her accumulated contributions from the
system. For the purpose of paying a distribution, the variable retirement account is the amount in the
member's variable retirement account or the total of the variable retirement contributions made on
behalf of the member, whichever is greater.
The variable retirement account may be paid in a lump sum, rolled over to the South Dakota
deferred compensation plan, rolled over to another eligible plan, or used to purchase a supplemental
pension benefit. However, the purchase of a supplemental pension benefit is only available upon the
member's retirement.
Section 24. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any foundation member, the term, accumulated contributions, means the sum of:
(1) All contributions made by the member, including member contributions made by an
employer after June 30, 1984, pursuant to § 3-12-71;
(2) For a member whose contributory service concluded after June 30, 2010, eighty-five
percent of the employer contributions or noncontributory service if the member had three
years or more of contributory service and fifty percent of the employer contributions if the
member had less than three years of service; or for a member whose contributory service
concluded before July 1, 2010, one hundred percent of the employer contributions or
noncontributory service if the member had three years or more of contributory service and
seventy-five percent of the employer contributions if the member had less than three years
of service;
(3) Member redeposits pursuant to § 3-12-80 and member credited service purchases
pursuant to §§ 3-12-83, 3-12-84, and 3-12-84.2; and
(4) The effective rate of interest earned on the sum of subdivisions (1), (2), and (3).
Section 25. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any foundation member, the term, credited service, means:
(1) Years of service, or fractions thereof, for which member contributions were made to the
system;
(2) Years of noncontributory service, or fractions thereof, credited before July 1, 1974,
previously credited under the provisions of the retirement systems consolidated pursuant
to § 3-12-46;
(3) Any period of authorized leave of absence or sick leave with pay for which deductions for
member contributions are made, deposited, and credited to the fund;
(4) Any period of authorized leave of absence or sick leave without pay or temporary layoff,
during or for which a member obtained credit by payments to the fund made in lieu of
salary deductions;
(5) Any period during which a member is on an authorized leave of absence to enter military
service, if the member fulfills the provisions of § 3-12-86;
(6) Years of service, or fractions thereof, by faculty and administrators employed by the board
of regents before April 1, 1964, credited pursuant to §§ 3-12-69.4 and 3-12-69.5;
(7) Years of noncontributory service, or fractions thereof, earned before July 1, 1967, but not
credited under the South Dakota public employee retirement system as it was consolidated
pursuant to § 3-12-46 because the person earned the service prior to attaining the age of
thirty. The service shall be credited only to those persons who are contributing members
on July 1, 1987. No service may be credited pursuant to this subdivision to any member
who has withdrawn the member's accumulated contributions after July 1, 1967; and
(8) Years of noncontributory service, or fractions thereof, earned by a member from July 1,
1967, to June 30, 1974, inclusive, but not credited under the South Dakota public
employee retirement system because of the age and service restrictions established under
that system.
Section 26. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any foundation member, the term, final average compensation, means the highest average
annual compensation earned by a member during any period of twelve consecutive calendar quarters
during the member's last forty calendar quarters of membership in the system including time during
which the member was not a member but for which the member has received credit under the
system. If the compensation received in the last calendar quarter considered exceeds a set percentage
of the amount in the highest previous calendar quarter, or if the average compensation received in
the last four calendar quarters exceeds a set percentage of the amount earned in the highest calendar
quarter prior to the last four calendar quarters considered, only the lesser amount shall be considered
and the excess shall be excluded in the computation of final average compensation. Those respective
set percentages are as follows:
(1) Before July 1, 2004, one hundred twenty-five percent and one hundred fifteen percent;
(2) Between July 1, 2004, and June 30, 2005, one hundred fifteen and one hundred ten
percent; and
(3) After June 30, 2005, one hundred five percent and one hundred five percent.
For purposes of determining final average compensation if periods of contributory service are
separated by breaks, any service earned from covered employment may be aggregated to constitute
a period of twelve consecutive calendar quarters. For any member who has less than twelve but more
than four calendar quarters of membership in the system, the member's final average compensation
shall be based on the compensation received in all quarters of membership. For any member who
has four calendar quarters of membership or less, the member's final average compensation shall be
based on the member's annual compensation.
Section 27. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any foundation member, the term, improvement factor, means the annual increase in the
amount of the benefit provided on July first, compounded annually. However, no annual increase
may be provided unless the member has received benefit payments for at least the consecutive,
twelve-month period before July first. The annual increase shall be established by the board for each
fiscal year, based on the system's fair value funded ratio and the increase in the consumer price index
for the preceding third calendar quarter compared to the consumer price index for the third calendar
quarter for the base year (the past year in which the consumer price index was the highest), as
follows:
(1) If the system's fair value funded ratio is less than eighty percent, the improvement factor
shall be two and one-tenth percent;
(2) If the system's fair value funded ratio is eighty percent or greater but less than ninety
percent, the improvement factor shall be the increase in the consumer price index, but no
less than two and one-tenth percent and no greater than two and four-tenths percent;
(3) If the system's fair value funded ratio is ninety percent or greater but less than one
hundred percent, the improvement factor shall be the increase in the consumer price
index, but no less than two and one-tenth percent and no greater than two and eight-tenths
percent; or
(4) If the system's fair value funded ratio is one hundred percent or greater, the improvement
factor shall be three and one-tenth percent.
Section 28. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any foundation member, normal retirement age is age sixty-five for Class A credited service
and for Class B credited service as a justice, judge, and magistrate judge and age fifty-five for other
Class B credited service.
Section 29. That chapter 3-12 be amended by adding a NEW SECTION to read:
For any foundation member, the term, reduction age, means the age at which the sum of the
foundation member's age and credited service equals a number as follows:
(1) For Class A credited service, an age not less than fifty-five and at which the sum of the
foundation member's age and credited service equals eighty-five;
(2) For Class B credited service as a justice, judge, or magistrate judge, an age not less than
fifty-five and at which the sum of the foundation member's age and credited service
equals eighty; and
(3) For Class B credited service other than as a justice, judge, or magistrate judge, an age not
less than forty-five and at which the sum of the foundation member's age and credited
service equals seventy-five.
Section 30. That § 3-12-47.1 be amended to read:
3-12-47.1. Any increase in a retired member's benefit as a result of the provisions of the 1997
amendment to subdivision 3-12-47(24) credited service related to years of noncontributory service,
or fractions thereof, earned by a member from July 1, 1967, to June 30, 1974, inclusive, but not
credited under the South Dakota public employee retirement system because of the age and service
restrictions established under the system shall be prospective only from July 1, 1997.
Section 31. That § 3-12-47.2 be amended to read:
3-12-47.2. Any member who, pursuant to the provisions of § 3-12-83, has purchased a portion
or all of the member's noncontributory service described in subsection (h) of subdivision § 3-12-47(24) earned by a member from July 1, 1967, to June 30, 1974, inclusive, but not credited under
the South Dakota public employee retirement system because of the age and service restrictions
established under the system is entitled to a refund of such purchase cost.
Section 32. That § 3-12-62.8 be amended to read:
3-12-62.8. For purposes of determining the retirement benefits of foundation member
conservation officers, for credited service earned prior to before July 1, 1983, benefits shall be
calculated pursuant to § 3-12-91 and for credited service earned after June 30, 1983, benefits shall
be calculated pursuant to § 3-12-92. For purposes of benefits credited service earned prior to before
July 1, 1983, a conservation officers shall have officer has a normal retirement age of sixty-five. For
purposes of benefits credited service earned after June 30, 1983, a foundation member conservation
officers shall have officer has a normal retirement age of fifty-five.
Section 33. That § 3-12-77 be amended to read:
3-12-77. A member of the system who is not vested may leave the member's accumulated
contributions in the system upon termination of employment for a period not to exceed ten years
from the date of termination. However, no additional contributions may be made to the system by
the member or a participating unit following the date of termination and no benefits in the retirement
system may accrue to a member of the system following the date of termination, except as provided
in § 3-12-72.4. If the member withdraws the member's accumulated contributions, membership in
the system terminates. At the end of the ten-year period, no further interest may be credited with
respect to contributions and no further investment return may be credited with respect to any variable
retirement account. If the member fails to withdraw the member's accumulated contributions within
eleven years following the member's termination, the member shall forfeit all rights to the member's
accumulated contributions, variable retirement account, and to any credited service in connection
therewith, if the system has made reasonable efforts to notify the member of the member's
withdrawal rights and the effect of this section.
Section 34. That § 3-12-80 be amended to read:
3-12-80. If a person whose accumulated contributions have been refunded since July 1, 1974,
reenters the system as a foundation member, the person foundation member may elect to redeposit
the accumulated contributions, with compound interest at the assumed rate of return between the date
of withdrawal and the date of redeposit. The redeposit shall be made within two years after reentry
into the system and the credited service forfeited when contributions were refunded shall then be
reinstated; any employer contributions forfeited at the time of refund shall be reinstated; and the
foundation member, except as provided in § 3-12-131, shall be regarded as having never refunded.
Any withdrawals of additional contributions made pursuant to § 3-12-104 shall be considered
accumulated contributions for purposes of redeposit to reinstate the credited service forfeited when
contributions were refunded.
No generational member may redeposit accumulated contributions.
Section 35. That § 3-12-90 be amended to read:
3-12-90. Benefits paid upon early or normal retirement shall commence on the earlier of the
member's required beginning date or on the first day of the month following the later of, the date on
which the member's contributory service terminated, thirty days after the written application for
retirement benefits is received in the office of the administrator, or the date specified in the member's
application for retirement. In any event the benefit shall be paid from the first day of the month. The
last payment shall be made from the first day of the month in which the member's death occurs.
An individual who fails to make a timely application for retirement benefits may receive up to
a maximum of three months of benefits retroactive to the date on which the member's contributory
service terminated.
Unless a foundation member's required beginning date for retirement occurs first,
the early or normal retirement benefit of a foundation member is effective in accordance with
whichever of the following is last:
(1) The first day of the month following the date on which the member's contributory service
terminated;
(2) The first day of the month following an intervening complete calendar month after the
date on which the member's written application for retirement benefits is received by the
system; or
(3) The first day of the month specified in the member's application for retirement.
The last payment of the member's benefit is for the month in which the member's death occurs.
Any foundation member who fails to make a timely application for retirement benefits may
receive three months of benefits retroactive from the effective date of the member's retirement
benefit. However, no foundation member may receive any retroactive benefits for any period of time
before the first day of the month following the date on which the member's contributory service
terminated.
Section 36. That § 3-12-91 be amended to read:
3-12-91. Upon retirement, a foundation member shall receive a normal retirement allowance
benefit, commencing at normal retirement age or thereafter as provided in § 3-12-90, for Class A
credited service, equal to the larger of 1.7% one and seven-tenths percent of final average
compensation for each year of Class A credited service before July 1, 2008, plus 1.55% one and
fifty-five hundredths percent of final average compensation for each year of Class A credited service
after July 1, 2008, or 2.4% two and four-tenths percent of final average compensation for each year
of Class A credited service before July 1, 2008, plus 2.25% two and twenty-five hundredths percent
of final average compensation for each year of Class A credited service after July 1, 2008, less other
public benefits. For purposes of this section, federal military retirement or federal national guard
retirement benefits are not other public benefits. For the purposes of this section, any Class A
member who did not participate in federal social security during the period of credited service shall
be presumed to be entitled to the maximum primary social security benefit permitted at the time of
retirement. Class A credited service includes all credited service under this or any of the retirement
systems consolidated pursuant to § 3-12-46.
Section 37. That § 3-12-91.1 be amended to read:
3-12-91.1. Each participating unit shall make an additional contribution in the amount of six and
two-tenths percent of any foundation member's compensation in each calendar year that exceeds the
maximum taxable amount for social security for the calendar year. The additional contributions shall
be made only for Class A foundation members and may not be treated as employer contributions.
Section 38. That § 3-12-92 be amended to read:
3-12-92. Upon retirement, a foundation member shall receive a normal retirement allowance
benefit, commencing at normal retirement age or thereafter as provided in § 3-12-90, for Class B
credited service other than as a justice, judge, or magistrate judge, equal to 2.4% two and four-tenths
percent of final average compensation for each year of Class B credited service other than as a
justice, judge, or magistrate judge before July 1, 2008, plus 2. 0% two percent of final average
compensation for each year of Class B credited service other than as a justice, judge, or magistrate
judge after July 1, 2008.
Section 39. That § 3-12-92.4 be amended to read:
3-12-92.4. Upon retirement, a foundation member shall receive a normal retirement allowance
benefit, commencing at normal retirement age or thereafter as provided in § 3-12-90, for the first
fifteen years of Class B credited service as a justice, judge, or magistrate judge equal to 3.733% three
and seven hundred thirty-three thousandths percent of final average compensation for each year of
Class B credited service as a justice, judge, or magistrate judge before July 1, 2008, plus 3. 333%
three and three hundred thirty-three thousandths percent of final average compensation for each year
of Class B credited service as a justice, judge, or magistrate judge after July 1, 2008. A foundation
member shall also receive for Class B credited service as a justice, judge, or magistrate judge in
excess of fifteen years, 2.4% two and four-tenths percent of final average compensation for each year
of Class B credited service as a justice, judge, or magistrate judge before July 1, 2008, plus 2.0% two
percent of final average compensation for each year of Class B credited service as a justice, judge,
or magistrate judge after July 1, 2008.
Section 40. That § 3-12-94 be amended to read:
3-12-94. Upon the death of a foundation retiree or any foundation member who has reached
normal retirement age, the surviving spouse is eligible to receive a normal retirement allowance
benefit, payable in monthly installments, equal to sixty percent of the retirement allowance benefit
that the foundation member was receiving or was eligible to receive at the time of death.
Section 41. That § 3-12-95.4 be amended to read:
3-12-95.4. On the death of a contributing member after June 30, 2015, who has acquired at least
three years of contributory service or noncontributory service as delineated in subsections (b), (e),
(g), and (h) of subdivision 3-12-47(24), or who died while performing usual duties for an employer,
and prior to the earlier of the member attaining normal retirement age or the member's retirement,
a family benefit shall be paid on behalf of any child of such member. The total family benefit is the
greater of:
(1) Twenty-five percent of the member's final average compensation at the time of death; or
(2) The member's unreduced accrued retirement benefit at the time of death.
The family benefit, which shall be paid in monthly installments, shall be equally apportioned
among any children of the member and shall be paid on behalf of any child to the conservator or
custodian of the child, as applicable. However, if the child is eighteen years of age the benefit is
payable directly to the child. As
any a child becomes ineligible
pursuant to subdivision 3-12-47(14),
the family benefit shall be reallocated among any remaining
eligible children of the deceased
member. The family benefit terminates if there are no
eligible children of the deceased member
pursuant to subdivision 3-12-47(14).
Section 42. That § 3-12-95.5 be amended to read:
3-12-95.5. If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a
contributing foundation 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 of 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 43. That § 3-12-95.6 be amended to read:
3-12-95.6. A
foundation member's spouse who would be eligible to receive a surviving spouse
benefit at age sixty-five may elect to start the benefit prior to age sixty-five but no earlier than the
date on which the surviving spouse attains the age of fifty-five. The early surviving spouse benefit,
payable for the life of the surviving spouse, is the surviving spouse benefit reduced by five percent
for each full year and prorated for each additional full month between the date the early surviving
spouse benefit commences and the date the surviving spouse attains the age of sixty-five.
Section 44. That § 3-12-106 be amended to read:
3-12-106. Any vested foundation member can retire in the ten years preceding his the member's
normal retirement age and the retirement allowance benefit shall be reduced by the lesser of the
following:
(1) One-fourth of one percent for each full month which remains between the date of
commencement of payments and the date the member will reach his the member's normal
retirement age; or
(2) One-fourth of one percent for each full month which remains between the date of
commencement of payments and the date the member will reach
his the member's
reduction age.
Section 45. That § 3-12-107 be amended to read:
3-12-107. Any foundation member who retires before being eligible for social security retirement
benefits may elect to receive initial retirement benefit payments from the system in an amount greater
than the standard benefit payments computed on the basis of the member's age and earnings at
retirement. The greater amount, in conjunction with a later reduced amount, shall be the actuarial
equivalent of the normal retirement allowance benefit computed on the basis of age at retirement.
The greater amount shall be paid until the foundation member reaches the age of sixty-two, at which
time the payment from the system shall be the reduced amount so that, as far as possible, the
foundation member's combined monthly retirement income from the system and social security shall
approximately equal the greater amount paid prior to age sixty-two.
Section 46. That § 3-12-110 be amended to read:
3-12-110. After all benefits currently or potentially payable under any provision of this chapter
have terminated, if the aggregate benefits paid to a member and the member's surviving spouse and
minor children, including any distribution of the member's variable retirement account, are less than
the member's accumulated contributions, the amount by which the accumulated contributions 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 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.
Section 47. That § 3-12-191 be amended to read:
3-12-191. A retiree receiving a benefit from the system may become a supplemental pension
participant by direct rollover of funds held by the member in a variable retirement account or in
either or both of the plans created in chapters 3-13 and 3-13A into the fund. Any rollover shall be
in compliance with the provisions of § 401(a)(31) of the Internal Revenue Code and shall be
recorded in the participant's supplemental pension contract record. All of a participant's funds rolled
into the fund shall be expended in full as the single premium for a supplemental pension contract.
No single premium may be less than ten thousand dollars. No participant may have more than one
supplemental pension contract funded by either or both of the plans created in chapters 3-13 and 3-13A and no more than one supplemental pension contract funded by the participant's variable
retirement account. A supplemental pension contract goes into effect when a participant signs the
supplemental pension contract. The initial monthly supplemental pension benefit is payable the first
day of the first month after the contract goes into effect. Payment of any prior and current
supplemental pension benefits shall be made within two months after the contract is in effect.
Section 48. That § 3-12-192 be amended to read:
3-12-192. A supplemental pension participant shall receive one of two three types of
supplemental pension benefits:
(1) A supplemental pension benefit payable monthly for the lifetime of the participant; or
(2) A supplemental pension benefit payable monthly for the lifetime of the participant and,
upon the death of the participant, a supplemental pension benefit payable monthly to the
participant's supplemental pension spouse equal to sixty percent of the monthly benefit
amount that the participant was receiving at the time of death; or
(3) A supplemental pension benefit payable monthly for the lifetime of the participant and,
upon the death of the participant, a supplemental pension benefit payable monthly to the
participant's supplemental pension spouse equal to one hundred percent of the monthly
benefit amount that the participant was receiving at the time of death.
A participant
who is not married at the time of the supplemental pension benefit purchase may
contract only for a supplemental pension benefit as described in subdivision (1) and a participant
who is married at the time of the supplemental pension benefit purchase may contract only for a
supplemental pension benefit as described in subdivision (2) may contract for any of the three types
of supplemental pension benefits provided in this section. The contract shall be signed by both the
supplemental pension participant and the spouse of the participant, if applicable, and each signature
shall be witnessed by a representative of the system or notarized.
Section 49. That § 3-12-207 be amended to read:
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 foundation member's final average compensation at the date
of disability; or
(2) The foundation 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 foundation member
unless the benefit terminates pursuant to § 3-12-210.
For purposes of determining the eligibility of a surviving spouse benefit, the disability benefit
of a foundation member is considered a retirement benefit when the member attains
the age of sixty-five normal retirement age.
Section 50. That § 3-12-215 be amended to read:
3-12-215. If no family benefit is being paid pursuant to § 3-12-214, a surviving spouse of a
foundation member who received disability benefits pursuant to § 3-12-207 shall, upon attaining the
age of sixty-five, receive a monthly benefit, payable for the life of the surviving spouse, equal to one
of the following calculations, whichever is applicable:
(1) If there was a family benefit paid, sixty percent of the family benefit paid at the time the
family benefit ended, increased by the improvement factor from the date the last family
benefit was paid; or
(2) If there was no family benefit paid, sixty percent of the deceased member's disability
benefit paid at the time of the member's death, increased by the improvement factor from
the date of the member's death.
Section 51. That chapter 3-12 be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the term, actuarial equivalent, is a benefit of equal value,
computed on the basis of the interest rate, mortality, and improvement factor assumptions adopted
by the board for purposes of the actuarial valuation. If the board adopts a select and ultimate rate of
interest, the interest rate is the ultimate rate. Mortality is 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 year specified by the board based on the member's and beneficiary's
ages as of the date of the calculation and projected generationally after that year. Separate
improvement factor assumptions shall be made for foundation and generational members. The
system shall make the interest rate, mortality, and improvement factor assumptions public.
Section 52. That chapter 3-12 be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the term, compensation, means gross wages paid to a member
by the employer for personal services rendered during the period considered as credited service.
Compensation includes amounts reported as wages, tips, and other compensation on the member's
federal form W-2 wage and tax statement, except as otherwise excluded in this section; the amount
of member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71; any
amount contributed to a member's individual retirement plan which meets the requirements of
section 401, 403, 408, or 457 of the Internal Revenue Code; and any amount contributed to a plan
described in section 125 of the Internal Revenue Code; and any amount contributed to the system
pursuant to § 3-12-83.2 in accord with § 414(h)(2) of the Internal Revenue Code.
Compensation does not include travel, meals, lodging, moving, or any other expenses incidental
to an employer's business which is reimbursed by the employer; lump sum payments for sick leave;
lump sum payments for annual leave; payments for insurance coverage of any kind or any other
employee benefit by an employer on behalf of an employee or an employee and dependents; any
amount paid in a one-time lump sum payment or over a period of time and based on or attributable
to retirement or an agreement to retire in the future; payments made upon dismissal or severance;
worker's compensation payments; and payments contingent on a member terminating employment
at a specified time in the future paid or payable in a lump sum or over a period of time.
Any compensation in excess of the limits established in § 401(a)(17) of the Internal Revenue
Code shall be disregarded for purposes of contributions or for benefit calculations under the system.
However, the limit does not apply to compensation earned by a member if the member was
employed by a participating unit before July 1, 1996.
Section 53. That chapter 3-12 be amended by adding a NEW SECTION to read:
For the purposes of this chapter, a contributing member is any member for whom the system
receives an employer contribution report that includes the member's employee and employer
contributions indicating that the member is an active member. A member's active membership is
terminated and the member is no longer a contributing member when the system receives notice of
termination from an employer, accompanied by the member's final employee and employer
contributions.
Section 54. That chapter 3-12 be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the phrase, effective rate of interest, means the interest at an
annually compounded rate to be established by the board for each fiscal year. The rate shall be no
greater than ninety percent of the average ninety-one day United States treasury bill rate for the
immediately preceding calendar year and in no event may the rate be more than the rate established
by the board pursuant to § 3-12-121 for investment return for purposes of the actuarial valuation. If
a member withdraws contributions pursuant to § 3-12-76, 3-12-76.1, or 3-12-77, or if benefits are
payable under § 3-12-110, the interest shall be as annually compounded on the preceding June
thirtieth.
Section 55. That chapter 3-12 be amended by adding a NEW SECTION to read:
For the purposes of determining eligibility for, and the amount of, any benefit payable pursuant
to this chapter, the first day of the month in which a person's birthday falls is considered a person's
birthday.
Section 56. That § 3-12-47 be amended to read:
3-12-47. Terms as used in this chapter, unless the context otherwise requires, mean:
(1) Repealed by SL 2000, ch 24, § 1.
(2) "Accumulated contributions," the sum of:
(a) All contributions by a member, including member contributions made by an
employer on or after July 1, 1984, pursuant to § 3-12-71;
(b) Seventy-five percent of employer contributions if the member has less than three
years contributory service or noncontributory service as delineated in subsections
(b), (e), (g), and (h) of subdivision 3-12-47(24) and the contributory service
concluded prior to July 1, 2010, or fifty percent of employer contributions if the
contributory service concluded on or after July 1, 2010, or one hundred percent of
employer contributions if the member has three years or more contributory service
or noncontributory service as delineated in subsections (b), (e), (g), and (h) of
subdivision 3-12-47(24) and the contributory service concluded prior to July 1,
2010, or eighty-five percent of employer contributions if the contributory service
concluded on or after July 1, 2010; and
(c) Member redeposits pursuant to § 3-12-80 and member credited service purchases
pursuant to §§ 3-12-83, 3-12-84, and 3-12-84.2;
all together with the effective rate of interest credited thereon.
If credited service is purchased pursuant to § 3-12-83, 3-12-84, or 3-12-84.2, only the
amount of the purchase shall be included as accumulated contributions for the purposes
of a refund under this chapter;
(2A) "Actuarial accrued liability," the present value of all benefits less the present value of
future normal cost contributions;
(3) "Actuarial equivalent," a benefit of equal value, 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;
(4)(2) "Actuarial requirement," the normal cost and the interest on and amortization of the
unfunded actuarial accrued liability accumulated to date over a thirty year period, all
expressed in terms of a percentage of covered payroll;
(5)(3) "Actuarial experience analysis," a periodic report which reviews basic experience data and
furnishes actuarial analysis which substantiates the assumptions adopted for the purpose
of making an actuarial valuation of the system;
(6)(4) "Actuarial valuation," a projection of the present value of all benefits and the current
funded status of the system, based upon stated assumptions as to rates of interest,
mortality, disability, salary progressions, withdrawal, and retirement as established by a
periodic actuarial experience analysis which takes into account census data of all active
members, vested terminated members and retired members and their beneficiaries under
the system;
(6A)(5) "Actuarial value of assets," the total assets of the system, taking market
appreciation into account on a rational and systematic basis;
(7)(6) "Air rescue firefighters," employees of the Department of the Military who are stationed
at Joe Foss Field, Sioux Falls, and who are directly involved in fire fighting firefighting
activities on a daily basis;
(8) "Annuity," payment for life; all annuities shall be payable for life unless specifically
provided for otherwise;
(9)(7) "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 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;
(9A)(8) "Assumed rate of return," the actuarial assumption adopted by the board pursuant
to § 3-12-121 as the annual assumed percentage return on trust fund assets,
compounded;
(10)(9) "Beneficiary," the person designated by a member of the system to receive any
payments after the death of such member;
(11)(10) "Benefits," the amounts paid to a member, spouse, spouse and family, child, or
beneficiary as a result of the provisions of this chapter;
(12)(11) "Board," the Board of Trustees of the South Dakota Retirement System;
(12) "Calendar quarter," a period of three calendar months ending March thirty-first, June
thirtieth, September thirtieth, or December thirty-first of any year;
(13) "Campus security officers," employees of the Board of Regents whose positions are
subject to the minimal educational training standards established by the law enforcement
standards commission pursuant to chapter 23-3 and who satisfactorily complete the
training required by chapter 23-3 within one year of employment and whose primary duty
as sworn law enforcement officers is to preserve the safety of the students, faculty, staff,
visitors and the property of the University of South Dakota and South Dakota State
University. The employer shall file with the system evidence of the appointment as a
sworn law enforcement officer at the time of employment and shall file evidence of
satisfactory completion of the training program pursuant to chapter 23-3 within one year
of employment;
(14) "Child," depending on the circumstances, as follows:
(a) For purposes of benefits pursuant to this chapter, an unmarried dependent child of
the member, who has not passed the child's nineteenth birthday and each unmarried
dependent child, who is totally and permanently disabled, either physically or
mentally, regardless of the child's age, if the disability occurred prior to before age
nineteen. It includes a stepchild or a foster child who depends on the member for
support and lives in the household of the member in a regular parent-child
relationship. It also includes any child of the member conceived during the
member's lifetime and born after the member's death; or
(b) For purposes of beneficiary-type payments pursuant to this chapter, a person
entitled to take as a child via intestate succession pursuant to the provisions of Title
29A;
(15) "Class A credited service," service credited as a Class A member of the system;
(16) "Class A member," all members any member other than a Class B members member or
a Class C member and is either a foundation member or a generational member;
(17) "Class B credited service," service credited as a Class B member of the system;
(18) "Class B member," a member who is a justice, judge, state law enforcement officer,
magistrate judge, police officer, firefighter, county sheriff, deputy county sheriff,
penitentiary correctional staff, parole agent, air rescue firefighter, campus security officer,
court services officer, conservation officer, or park ranger and is either a foundation
member or a generational member;
(18A)(19) "Class C credited service," service credited as a Class C member of the system;
(18B)(20) "Class C member," any member of the cement plant retirement plan including any
retiree or any vested member;
(19)(21) "Classified employees," employees of public school districts who are not required
by law to be certified as teachers, employees of the colleges and universities under
the control of the board of regents who are not faculty or administrators and come
within the provisions of chapter 3-6A, employees of public corporations,
employees of chartered governmental units, and all other participating employees
not elsewhere provided for in this chapter;
(19A)(22) "Comparable level position," a member's position of employment that is generally
equivalent to the member's prior position of employment in terms of required
education, required experience, required training, required work history,
geographic location, and compensation and benefits;
(20) "Compensation," gross wages paid to a member by the employer for personal services
rendered during the period considered as credited service:
(a) Compensation includes amounts reported as wages, tips and other compensation
on the member's federal form W-2 wage and tax statement, except as otherwise
excluded in this subdivision; the amount of member contributions made by an
employer on or after July 1, 1984, pursuant to § 3-12-71; any amount contributed
to a member's individual retirement plan which meets the requirements of section
401, 403, 408, or 457 of the Internal Revenue Code; and any amount contributed
to a plan described in section 125 of the Internal Revenue Code; and any amount
contributed to the system pursuant to § 3-12-83.2 in accord with § 414(h)(2) of the
Internal Revenue Code;
(b) Compensation does not include travel, meals, lodging, moving or any other
expenses incidental to an employer's business which is reimbursed by the
employer; lump sum payments for sick leave; lump sum payments for annual leave;
payments for insurance coverage of any kind or any other employee benefit by an
employer on behalf of an employee or an employee and dependents; any amount
paid in a one-time lump sum payment or over a period of time and based on or
attributable to retirement or an agreement to retire in the future; payments made
upon dismissal or severance; worker's compensation payments; and payments
contingent on a member terminating employment at a specified time in the future
paid or payable in a lump sum or over a period of time;
(c) Any compensation in excess of the limits established in § 401(a)(17) of the Internal
Revenue Code shall be disregarded for purposes of contributions or for benefit
calculations under the system. However, the limit does not apply to compensation
earned by a member if the member was employed by a participating unit on or
before June 30, 1996;
(21)(23) "Conservation officers," employees of the Department of Game, Fish and Parks
and the Division of Wildlife or Division of Custer State Park who are employed
pursuant to § 41-2-11 and whose positions are subject to the requirements as to
education and training provided in chapter 23-3;
(21A)(24) "Consumer price index," the consumer price index for urban wage earners and
clerical workers calculated by the United States Bureau of Labor Statistics;
(22)(25) "Contributory service," service to a participating unit during which contributions
were made to a South Dakota Retirement System, which may not include years of
credited service as granted in § 3-12-84 or 3-12-84.2;
(23)(26) "Court services officers," persons appointed pursuant to § 26-7A-8;
(23A)(27) "Covered employment," a member's employment as a permanent full-time
employee by a participating unit;
(24) "Credited service,"
(a) Years of service, or fractions thereof, for which member contributions were made
to the system;
(b) Years of noncontributory service, or fractions thereof, credited prior to July 1,
1974, previously credited under the provisions of the retirement systems
consolidated pursuant to § 3-12-46;
(c) Any period of authorized leave of absence or sick leave with pay for which
deductions for member contributions are made, deposited, and credited to the fund;
(d) Any period of authorized leave of absence or sick leave without pay or temporary
layoff, during or for which a member obtained credit by payments to the fund made
in lieu of salary deductions;
(e) Any period during which a member is on an authorized leave of absence to enter
military service, if the member fulfills the provisions of § 3-12-86;
(f) Years of service, or fractions thereof, by faculty and administrators employed by
the board of regents prior to April 1, 1964, credited pursuant to §§ 3-12-69.4 and
3-12-69.5;
(g) Years of noncontributory service, or fractions thereof, earned prior to July 1, 1967,
but not credited under the South Dakota public employee retirement system as it
was consolidated pursuant to § 3-12-46 because the person earned the service prior
to attaining the age of thirty. The service shall be credited only to those persons
who are contributing members on July 1, 1987. No service may be credited
pursuant to this subsection to any member who has withdrawn the member's
accumulated contributions after July 1, 1967; and
(h) Years of noncontributory service, or fractions thereof, earned by a member from
July 1, 1967, to June 30, 1974, inclusive, but not credited under the South Dakota
public employee retirement system because of the age and service restrictions
established under that system.
If the conditions described in § 3-12-122 occur and benefit reductions are necessary to
correct those conditions, the credited service granted by this subdivision may be reduced
or eliminated;
(25)(28) "Deputy county sheriff," an employee of a county that is a participating unit,
appointed by the board of county commissioners pursuant to §§ 7-12-9 and 7-12-10, who is a permanent full-time employee and whose position is subject to the
minimum educational and training standards established by the law enforcement
standards commission pursuant to chapter 23-3. The term "deputy county sheriff,"
does not include jailers or clerks appointed pursuant to §§ 7-12-9 and 7-12-10
unless the participating unit has requested that the jailer be considered as a deputy
county sheriff and the Board of Trustees has approved the request;
(26)(29) "Disability" or "disabled," any medically determinable physical or mental
impairment that prevents a member from performing the member's usual duties for
the member's employer, even with accommodations, or performing the duties of
a comparable level position for the member's employer. The term excludes any
condition resulting from willful, self-inflicted injury;
(26A)(30) "Effective date of retirement," the first day of the month in which retirement
benefits are payable pursuant to § 3-12-90;
(27) "Effective rate of interest," interest at an annually compounded rate to be established by
the board for each fiscal year. The rate shall be no greater than ninety percent of the
average ninety-one day United States treasury bill rate for the immediately preceding
calendar year and in no event may the rate be more than the rate established by the board
pursuant to § 3-12-121 for investment return for purposes of the actuarial valuation. If a
member withdraws contributions pursuant to § 3-12-76, 3-12-76.1, or 3-12-77, or if
benefits are payable under § 3-12-110, the interest shall be as annually compounded on
the preceding June thirtieth. With respect to amounts due the system under §§ 3-12-69,
3-12-69.3, 3-12-80, 3-12-83 and 3-12-84, the effective rate of interest shall be the
assumed rate of return;
(28)(31) "Eligible retirement plan," the term eligible retirement plan includes those plans
described in section 402(c)(8)(B) of the Internal Revenue Code;
(29)(32) "Eligible rollover distribution," any distribution to a member of accumulated
contributions pursuant to §§ 3-12-76 and 3-12-76.1. The term does not include any
portion of a distribution that represents contributions made to the system on an
after tax basis nor distributions paid as a result of the member reaching the required
beginning date;
(30)(33) "Employer," the State of South Dakota and any department, bureau, board, or
commission thereof of the State of South Dakota, or any of its governmental or
political subdivisions or any public corporation of the State of South Dakota which
elects to become a participating unit;
(31)(34) "Employer contributions," amounts contributed by the employer of a contributing
member, excluding member contributions made by an employer on or after July 1
June 30, 1984, pursuant to § 3-12-71;
(32) Repealed by SL 2004, ch 41, § 6.
(32A)(35) "Equivalent public service," any public service other than as a justice, a judge, or
a magistrate judge and comparable to class Class B service as defined by this
section, if the service is in the employ of a public entity that is not a participating
unit;
(36) "Fair value of assets," the total assets of the system at fair market value for securities
traded on exchanges; for securities not traded on exchanges, a value based on similar
securities; and for alternative investments, reported net asset value;
(37) "Fair value funded ratio," the fair value of assets divided by the actuarial accrued liability;
(33)(38) "Fiduciary," any person who exercises any discretionary authority or control over
the management of the system or the management or disposition of its assets,
renders investment advice for a fee or other compensation, direct or indirect, or has
any authority or responsibility to do so, or has any discretionary authority or
responsibility in the administration of the system;
(34) "Final average compensation," the highest average annual compensation earned by a
member during any period of twelve consecutive calendar quarters during the member's
last forty calendar quarters of membership in the system including time during which the
member was not a member but for which he has received credit under the system. If the
compensation received in the last calendar quarter considered exceeds a set percentage
of the amount in the highest previous calendar quarter, or if the average compensation
received in the last four calendar quarters exceeds a set percentage of the amount earned
in the highest calendar quarter prior to the last four calendar quarters considered, only the
lesser amount shall be considered and the excess shall be excluded in the computation of
final compensation. Those respective set percentages are as follows:
(a) On or before June 30, 2004, one hundred twenty-five percent and one hundred
fifteen percent;
(b) Between July 1, 2004, and June 30, 2005, one hundred fifteen and one hundred ten
percent; and
(c) On or after July 1, 2005, one hundred five percent and one hundred five percent.
For purposes of determining final compensation periods for service separated by breaks,
the service may be aggregated to constitute a period of twelve consecutive calendar
quarters. The term calendar quarter means a period of three calendar months ending
March thirty-first, June thirtieth, September thirtieth or December thirty-first of any year;
(39) "Foundation member," any member of the system whose contributory service began
before July 1, 2017;
(40) "Foundation retiree," any foundation member who has retired with a benefit payable from
the system;
(35)(41) "Firefighter," any full-time firefighter who works at least twenty hours a week and
at least six months a year. The term does not include any volunteer firefighter;
(36)(42) "Full-time student," a person who is in full-time attendance as a student at an
educational institution, as determined by the board in light of the standards and
practices of the institution involved, except that no individual shall may be
considered a full-time student, if he the student is paid by his the student's
employer while attending such an educational institution at the request of, or
pursuant to a requirement of, his the employer;
(37)(43) "Fund," public employees employees' retirement fund or funds established for the
purposes of administration of this chapter;
(38)(44) "Funded ratio," the actuarial value of assets divided by the actuarial accrued
liability;
(39)(45) "General employees," full-time municipal employees who are not firefighters or
police officers;
(46) "Generational member," any member of the system whose contributory service began
after June 30, 2017;
(47) "Generational retiree," any generational member who has retired with a benefit payable
from the system;
(39A)(48) "Health care provider," a physician or other health care practitioner licensed,
registered, certified, or otherwise authorized by law to provide specified health
services;
(40)(49) "Highest annual compensation," a member's compensation used to calculate
benefits under §§ 3-12-95, 3-12-99 and 3-12-105 prior to before July 1, 2004,
which was the highest annual compensation earned by the member during any one
of the last three years of contributory service and which was not more than one
hundred fifteen percent of the member's final compensation calculated as of the
date of the member's death or disability;
(41) "Improvement factor," the annual increase in the amount of the benefit allowance
commencing on the July first in the year after the member has received benefit payments
for at least a twelve-month period, compounded annually. The improvement factor
effective July 1, 2010, shall be two and one-tenth percent. Beginning July 1, 2010, the
annual increase shall be established by the board for each fiscal year, in part on the basis
of the increase in the consumer price index for the preceding third calendar quarter
compared to the consumer price index for the third calendar quarter for the base year (the
past year in which the consumer price index was the highest), as follows:
(a) If the system's market value funded ratio is less than eighty percent, the
improvement factor shall be two and one-tenth percent;
(b) If the system's market value funded ratio is eighty percent or greater but less than
ninety percent, the improvement factor shall be the increase in the consumer price
index, but no less than two and one-tenth percent or no greater than two and four-tenths percent;
(c) If the system's market value funded ratio is ninety percent or greater but less than
one hundred percent, the improvement factor shall be the increase in the consumer
price index, but no less than two and one-tenth percent or no greater than two and
eight-tenths percent; or
(d) If the system's market value funded ratio is one hundred percent or greater, the
improvement factor shall be three and one-tenth percent;
(41A)(50) "Internal Revenue Code," or "code," the Internal Revenue Code as in effect as of
January 1, 2015 2016;
(42)(51) "Law enforcement officer," an agent of the state division of criminal investigation,
an officer of the South Dakota Highway Patrol, a police officer, county sheriff,
deputy county sheriff, or a firefighter;
(42A) "Market value of assets," the total assets of the system at fair market value;
(42B) "Market value funded ratio," the market value of assets divided by the actuarial accrued
liability;
(43)(52) "Member," any person who is participating in and has made contributions to the
system and is either a foundation member or generational member. A person is no
longer a member if he withdraws his contributions at person's membership ceases
when the person withdraws his or her accumulated contributions after termination
of employment;
(44)(53) "Member contributions," amounts contributed by members, including member
contributions made by an employer on or after July 1 June 30, 1984, pursuant to
§ 3-12-71;
(44A)(54) "Military service," a period of active duty with the United States Army, the United
States Navy, the United States Air Force, the United States Marine Corps, or the
United States Coast Guard, from which duty the member received an honorable
discharge or an honorable release;
(45)(55) "Municipality," any incorporated municipal government under chapter 9-3 or any
chartered governmental unit under the provisions of Article IX of the Constitution
of the State of South Dakota;
(46) Repealed by SL 2004, ch 42, § 8.
(56) "Noncontributory service," for foundation members, service delineated in subdivisions
(2), (5), (7), and (8) of section 25 of this Act, and for generational members, service
pursuant to § 3-12-86;
(46A)(57) "Normal cost," the expected long-term cost of the system benefits and expenses
expressed as a percentage of payroll;
(47)(58) "Normal retirement," the termination of employment and application for benefits
by a member with three or more years of contributory service or noncontributory
service as delineated in subsections (b), (e), (g) and (h) of § 3-12-47(24) on or after
the member's normal retirement age;
(48) "Normal retirement age," age sixty-five for Class A credited service and for Class B
credited service as a justice, judge and magistrate judge and age fifty-five for other Class
B credited service;
(49)(59) "Other public benefits," eighty percent of the primary insurance amount or primary
social security benefits that would be provided under federal social security;
(49A)(60) "Other public service," service for the government of the United States, including
military service; service for the government of any state or political subdivision
thereof; service for any agency or instrumentality of any of the foregoing; or
service as an employee of an association of government entities described in this
subdivision;
(50)(61) "Park rangers," employees of the Department of Game, Fish and Parks within the
Division of Parks and Recreation and whose positions are subject to the
requirements as to education and training provided in chapter 23-3 and whose
primary duty is law enforcement in the state park system;
(51)(62) "Parole agent," employees an employee of the Department of Corrections
employed pursuant to § 24-15-14 who are is actually involved in direct supervision
of parolees on a daily basis;
(52)(63) "Participating unit," the State of South Dakota and any department, bureau, board,
or commission thereof of the State of South Dakota, and any of its political
subdivisions or any public corporation of the State of South Dakota which has
employees who are members of the retirement system created in this chapter;
(53)(64) "Penitentiary correctional staff," the warden, deputy warden, and any other
correctional staff holding a security position as determined by the Department of
Corrections and approved by the Bureau of Human Resources and the Bureau of
Finance and Management. For purposes of administration of this chapter final
determination of penitentiary correctional staff as Class B members shall be made
by the board of trustees based on the recommendation of the Department of
Corrections, Bureau of Human Resources, and the Bureau of Finance and
Management;
(54)(65) "Permanent full-time employee," those employees who have any employee who has
been placed in a permanent classification who are is customarily employed by a
participating unit for twenty hours or more a week and at least six months a year.
The participating unit shall decide if an employee is a permanent full-time
employee and that decision is conclusive;
(54A)(66) "Plan year," a period extending from July first of one calendar year through June
thirtieth of the following calendar year;
(55)(67) "Police officer," any employee in the police department of any participating
municipality holding the rank of patrol officer, including probationary patrol
officer, or higher rank and whose position is subject to the minimum educational
and training standards established by the law enforcement officers standards
commission pursuant to chapter 23-3. The term, police officer, does not include
civilian employees of a police department nor any person employed by a
municipality whose services as a police officer require less than twenty hours a
week and six months a year. If a municipality which is a participating unit operates
a city jail, the participating unit may request that any jailer appointed pursuant to
§ 9-29-25 be considered a police officer, subject to the approval of the board;
(56)(68) "Political subdivision" includes but is not limited to municipalities, school districts,
counties, chartered governmental units, any public corporation or entity, and any
special districts any municipality, school district, county, chartered governmental
unit, public corporation or entity, and special district created for any governmental
function;
(56A)(69) "Present value of all benefits," the present value of all benefits expected to be paid
to all retired, terminated, and active members and beneficiaries, based on past and
future credited service and future compensation increases.
(57)(70) "Present value of benefits earned to date," the present value of the benefits
currently being paid to retired members and their beneficiaries and the present
value of benefits payable at retirement to active members, based on their earnings
and credited service to date of the actuarial valuation;
(58)(71) "Projected compensation," a deceased or disabled member's final average
compensation multiplied by the improvement factor commencing each July first
for each complete twelve-month period elapsed between the date of the member's
death or disability, whichever occurred earlier, and the date the member would
attain normal retirement age;
(59)(72) "Projected service," the credited service plus the service which the member would
have been credited with at his normal retirement age had he the member continued
in the system and received credit at the same rate he the member was credited
during the year covered by the compensation that was used in the calculation of the
disability or family benefit;
(59A)(73) "Qualified military service," service in the uniformed services as defined in
§ 414(u)(5) of the Internal Revenue Code;
(60) "Reduction age,"
(a) For Class A credited service, the age at which the sum of the member's age and
credited service equals eighty-five. However, the reduction age may not be less
than fifty-five for Class A credited service;
(b) For Class B credited service as a justice, judge, or magistrate judge, the age at
which the sum of the member's age and credited service equals eighty. The
reduction age may not be less than fifty-five for Class B credited service as a
justice, judge, or magistrate judge;
(c) For Class B credited service other than as a justice, judge or magistrate judge, the
age at which the sum of the member's age and credited service equals seventy-five.
The reduction age for Class B credited service other than as a justice, judge, or
magistrate judge may not be less than forty-five;
(61)(74) "Required beginning date," the later of April first of the calendar year following the
calendar year in which the member attains age seventy and one-half or April first
of the calendar year following the calendar year in which the member retires;
(62)(75) "Retiree," any foundation or generational member who retires with an annuity a
lifetime benefit payable from the system;
(63)(76) "Retirement," the severance of a member from the employ of a participating unit
with a retirement allowance benefit payable from the system;
(64)(77) "Retirement allowance benefit," the benefits that are monthly amount payable upon
the retirement of a member;
(64A)(78) "Single premium," the lump-sum amount paid by a supplemental pension
participant pursuant to a supplemental pension contract in consideration for a
supplemental pension benefit;
(64B)(79) "Social investment," investment, divestment, or prohibition of investment of the
assets of the system for purposes other than maximum risk-adjusted investment
return, which other purposes include ideological purposes, environmental purposes,
political purposes, religious purposes, or purposes of local or regional economic
development;
(65)(80) "Spouse," a person who was married to the member at the time of the death of the
member and whose marriage was both before the member's retirement and more
than twelve months prior to before the death of the member and prior to the
member's retirement;
(66)(81) "State employees," employees of the departments, bureaus, commissions, and
boards of the State of South Dakota;
(66A)(82) "Supplemental pension benefit," any single-premium immediate pension benefit
payable pursuant to §§ 3-12-192 and 3-12-193;
(66B)(83) "Supplemental pension contract," any agreement between a participant and the
system upon which a supplemental pension is based, including the amount of the
single premium, the type of pension benefit, and the monthly supplemental pension
payment amount;
(66C)(84) "Supplemental pension contract record," the record for each supplemental pension
participant reflecting relevant participant data; a designation of any beneficiary, if
any; the amount of the participant's funds rolled into the fund; the provisions of the
participant's supplemental pension contract; and supplemental pension payments
made pursuant to the contract;
(66D)(85) "Supplemental pension participant," any retiree receiving a benefit from the system
who chooses to purchase a supplemental pension benefit pursuant to the provisions
of this chapter;
(66E)(86) "Supplemental pension spouse," any person who was married to a supplemental
pension participant at the time the participant entered into the supplemental
pension contract;
(67)(87) "System," the South Dakota Retirement System created in this chapter;
(68)(88) "Tax-qualifying purchase unit," any participating unit which elects to allow the
unit's employees to purchase credited service on a tax-deferred basis by means of
employer contribution agreements as outlined in §§ 3-12-83.1 and 3-12-83.2;
(69)(89) "Teacher," any person who has a valid teacher's certificate issued by the State of
South Dakota, who is in the employ of a public school district, and shall also
include the certified teachers employed by the Human Services Center, South
Dakota Developmental Center--Redfield, State Penitentiary, Department of
Education, State Training School, School for the Deaf, School for the Blind and the
Visually Impaired, Children's Care Hospital and School, public nonprofit special
education facilities, community support providers certified by the Department of
Human Services and public financed multi-district education programs;
(70)(90) "Terminated," complete severance of employment from public service of any
member by resignation or discharge, not including leave of absence, layoff,
vacation leave, sick leave, or jury duty, and involving all termination proceedings
routinely followed by the member's participating unit, including payment to the
member for unused vacation leave, payment to the member for unused sick leave,
payment to the member for severance of an employment contract, severance of
employer-provided health insurance coverage, severance of employer-provided life
insurance coverage, or severance of any other such employer-provided perquisite
of employment granted by the member's participating unit to an active employee;
(71)(91) "Trustee," a member of the board of trustees;
(72)(92) "Unfunded actuarial accrued liability," the actuarial accrued liability less the
actuarial value of assets;
(73)(93) "Vested," the right to a retirement annuity benefit from the system based on the
provisions of this chapter after three years of contributory service or
noncontributory service as delineated in subsections (b), (e), (g) and (h) of § 3-12-47(24), even if the member leaves the employment of a participating unit, provided
that the member does not withdraw accumulated contributions. A member who
leaves the employment of a participating unit is not entitled to benefits under §§ 3-12-95, 3-12-98, 3-12-99, 3-12-104, and 3-12-105.
Signed February 23, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\032.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\033.wpd
CHAPTER 33
(HB 1214)
Conflicts of interest for authority, board, or commission members.
ENTITLED, An Act to regulate conflicts of interest for authority, board, or commission members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
No elected or appointed member of a state authority, board, or commission may have an interest
in any contract or derive a direct benefit from any contract with the state which is within the
jurisdiction or relates to the subject matter of the state authority, board or commission or with a
political subdivision of the state if the political subdivision administers or executes similar subject
matter programs as the state authority, board or commission, nor may the member have an interest
in any contract or derive a direct benefit from any contract for one year after the end of the member's
term on the authority, board, or commission except as provided in section 3 and section 4 of this Act.
Section 2. That the code be amended by adding a NEW SECTION to read:
An elected or appointed member of an authority, board, or commission derives a direct benefit
from a contract if the state authority, board, or commission member, the authority, board, or
commission member's spouse, or any other persons the authority, board, or commission member
lives with 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 an entity that derives income or commission directly
from the contract or acquires property under the contract.
An authority, board, or commission member does not derive a direct benefit from a contract
based solely on the value associated with the authority, board, or commission member's investments
or holdings, or the investments or holdings of other persons the authority, board, or commission
member lives with and commingles assets. A member of an authority, board, or commission does
not have an interest in a contract nor does the member receive a direct benefit by participating in a
vote or a decision where the member's only interest is the effect of an act of general application.
Section 3. That the code be amended by adding a NEW SECTION to read:
Any elected or appointed authority, board, or commission may authorize an authority, board, or
commission member to have an interest in a contract or to derive a direct benefit from a contract if:
(1) The authority, board, or commission member has provided full written disclosure to the
authority, board, or commission;
(2) The authority, board, or commission has reviewed the essential terms of the transaction
or contract and the authority, board, or commission member'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.
No member of a state authority, board, or commission may participate in or vote upon a decision
of the state authority, board, or commission relating to a matter in which the member has an interest
or derives a direct benefit.
The authorization shall be in writing. Any authorization given pursuant to this section is a public
record. Each authorization shall be filed with the auditor-general. The auditor-general shall compile
the authorizations and present them annually for review by the Government Operations and Audit
Committee. A member of an authority, board, or commission may comply with this section if: the
authority, board, or commission puts on its regular meeting agenda an inquiry for conflicts disclosure
prior to the consideration of any substantive matters; the member publicly discloses his or her
interest in a contract, direct benefits, or other conflict with any matter on the agenda; the member
is excused from discussion and consideration of the matter; the board determines the matter
underlying the conflict is fair, reasonable, and not contrary to the public interest; and the disclosure
is included in the minutes which are publicly available.
Section 4. That the code be amended by adding a NEW SECTION to read:
Within the one-year period prohibiting any contract with an elected or appointed authority, board,
or commission, the authority, board, or commission may approve a former authority, board, or
commission member to contract with the elected or appointed authority, board, or commission if the
authority, board, or commission 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 auditor-general. The auditor-general shall compile the approvals and present them annually for
review by the Government Operations and Audit Committee.
Section 5. That the code be amended by adding a NEW SECTION to read:
Any elected or appointed authority, board, or commission member who knowingly violates
sections 1 to 4, inclusive, of this Act, shall be removed from the authority, board, or commission and
is guilty of a Class 1 misdemeanor. Any benefit to the authority, board, or commission member in
violation of sections 1 and 2 of this Act is subject to forfeiture and any contract made in violation
of this Act is voidable by the authority, board, or commission.
Section 6. That the code be amended by adding a NEW SECTION to read:
No board member, fiscal agent, officer, or executive of a local service agency, school district,
cooperative education service unit, education service agency, nonprofit education service agency,
or jointly governed education service entity that receives money from or through the state may have
an interest in a contract nor receive a direct benefit from a contract that the local service agency,
school district, cooperative education service unit, education service agency, nonprofit education
service agency, or jointly governed education service entity is a party to the contract except as
provided in section 8 of this Act.
Section 7. That the code be amended by adding a NEW SECTION to read:
A person described in section 6 of this Act derives a direct benefit from a contract if the person,
the person's spouse, or other persons the person lives with 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 an entity that derives income directly from the contract
or acquires property under the contract.
A person does not derive a direct benefit from a contract based solely on the value associated
with the person's investments or holdings, or the investments or holdings of other persons the state
officer or employee lives with and commingles assets.
Section 8. That the code be amended by adding a NEW SECTION to read:
A local service agency, school district, cooperative education service unit, education service
agency, nonprofit education service agency, or jointly governed education service entity may
authorize a board member, fiscal agent, officer, or executive to have an interest in a contract or
derive a direct benefit from a contract if:
(1) The person has provided full written disclosure to the agency, district, or unit governing
board;
(2) The governing board has reviewed the essential terms of the transaction or contract and
the person's role in the contract or transaction; and
(3) The transaction or the terms of the contract are fair, reasonable, and not contrary to the
public interest.
No member of a local service agency, school district, cooperative education service unit,
education service agency, nonprofit education service agency, or jointly governed education service
entity may participate in or vote upon a decision of a local service agency, school district,
cooperative education service unit, education service agency, nonprofit education service agency,
or jointly governed education service entity relating to a matter in which the member has an interest
or derives a direct benefit.
The authorization shall be in writing. Any authorization given pursuant to this section is a public
record. Each authorization shall be filed with the auditor-general. The auditor-general shall compile
the authorizations and present them annually for review by the Government Operations and Audit
Committee. A board member, fiscal agent, officer, or executive of a local service agency, school
district, cooperative education service unit, education service agency, nonprofit education service
agency, or jointly governed education service entity may comply with this section if: the local service
agency, school district, cooperative education service unit, education service agency, nonprofit
education service agency, or jointly governed education service entity puts on its regular meeting
agenda an inquiry for conflicts disclosure prior to the consideration of any substantive matters; the
person subject to this Act publicly discloses his or her interest in a contract, direct benefit, or other
conflict with any matter on the agenda; the person is excused from discussion and consideration of
such matters; the board determines the matter underlying the conflict is fair, reasonable, and not
contrary to the public interest; and the disclosure is included in the minutes which are publicly
available.
Section 9. That the code be amended by adding a NEW SECTION to read:
Any person who knowingly violates sections 6 to 8, inclusive, of this Act shall be removed from
office or employment and is guilty of a Class 1 misdemeanor. Any benefit to a person derived from
the person's knowing violation of sections 6 to 8, inclusive, of this Act is subject to forfeiture. Any
contract made in violation of sections 6 to 8, inclusive, of this Act is voidable by the governing body
of the local service agency, school district, cooperative education service unit, education service
agency, nonprofit education service agency, or jointly governed education service entity.
Section 10. That the code be amended by adding a NEW SECTION to read:
The following authorities, boards, or commissions are subject to this Act:
(1) South Dakota Building Authority;
(2) Board of Economic Development;
(3) South Dakota Housing Development Authority;
(4) South Dakota Health and Education Facilities Authority;
(5) Science and Technology Authority Board of Directors;
(6) South Dakota Ellsworth Development Authority;
(7) South Dakota Commission on Gaming;
(8) South Dakota Lottery Commission;
(9) State Brand Board;
(10) Game, Fish and Parks Commission;
(11) Banking Commission;
(12) Board of Trustees of the South Dakota Retirement System;
(13) Aeronautics Commission;
(14) South Dakota State Railroad Board;
(15) Transportation Commission;
(16) South Dakota Board of Education;
(17) Board of Regents;
(18) Board of Pardons and Paroles;
(19) Board of Minerals and Environment;
(20) Board of Water and Natural Resources;
(21) South Dakota Railroad Authority; and
(22) Board of Water Management.
Section 11. That the code be amended by adding a NEW SECTION to read:
Any entity established pursuant to § 13-3-76 to 13-3-81 not subject to an audit requirement under
§ 13-5-33.2 shall be audited annually. Each audit required under state law shall be done to confirm
compliance with sections 3 and 8 of this Act according to guidelines established by the auditor-general.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\033.wpd
PUBLIC FISCAL ADMINISTRATION
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\034.wpd
CHAPTER 34
(SB 172)
The General Appropriation Act for fiscal year 2017.
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, 2017.
|
|
|
GENERAL
|
FEDERAL
|
OTHER
|
TOTAL
|
|
|
|
FUNDS
|
FUNDS
|
FUNDS
|
FUNDS
|
|
|
|
|
|
|
|
SECTION 2. DEPARTMENT OF EXECUTIVE MANAGEMENT
|
|
|
(1)
|
Office of the Governor
|
|
|
|
|
|
|
Personal Services
|
$1,872,169
|
$0
|
$0
|
$1,872,169
|
|
|
Operating Expenses
|
$443,685
|
$0
|
$0
|
$443,685
|
|
|
|
|
|
|
|
|
|
Total
|
$2,315,854
|
$0
|
$0
|
$2,315,854
|
|
|
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
|
$1,710,016
|
$540,305
|
$643,602
|
$2,893,923
|
|
|
Operating Expenses
|
$875,311
|
$8,925,312
|
$33,551,132
|
$43,351,755
|
|
|
|
|
|
|
|
|
|
Total
|
$2,585,327
|
$9,465,617
|
$34,194,734
|
$46,245,678
|
|
|
F.T.E.
|
|
|
|
40.6
|
|
|
|
|
|
|
|
(4)
|
Office of Research Commerce
|
|
|
|
|
|
|
Personal Services
|
$180,466
|
$0
|
$0
|
$180,466
|
|
|
Operating Expenses
|
$3,939,668
|
$0
|
$500,000
|
$4,439,668
|
|
|
|
|
|
|
|
|
|
Total
|
$4,120,134
|
$0
|
$500,000
|
$4,620,134
|
|
|
F.T.E.
|
|
|
|
2.0
|
|
|
|
|
|
|
|
(5)
|
SD Housing Development Authority--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$1,485,134
|
$3,337,666
|
$4,822,800
|
|
|
Operating Expenses
|
$0
|
$679,308
|
$7,490,960
|
$8,170,268
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$2,164,442
|
$10,828,626
|
$12,993,068
|
|
|
F.T.E.
|
|
|
|
65.0
|
|
|
|
|
|
|
|
(6)
|
SD Science and Technology Authority--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$152,719
|
$152,719
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,325,347
|
$2,325,347
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,478,066
|
$2,478,066
|
|
|
F.T.E.
|
|
|
|
0.7
|
|
|
|
|
|
|
|
(7)
|
SD Ellsworth Development Authority--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$611,420
|
$611,420
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$611,420
|
$611,420
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(8A)
|
Building SD - REDI Grants - Info
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$500,000
|
$500,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$500,000
|
$500,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(8B)
|
Building SD - Local Infrastructure Improvement - Info
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,500,000
|
$2,500,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,500,000
|
$2,500,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(8C)
|
Building SD - Economic Development Partnership
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,500,000
|
$1,500,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,500,000
|
$1,500,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(8D)
|
Building SD - SD Housing Opportunity - Info
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,500,000
|
$2,500,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,500,000
|
$2,500,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(9)
|
Lieutenant Governor
|
|
|
|
|
|
|
Personal Services
|
$21,338
|
$0
|
$0
|
$21,338
|
|
|
Operating Expenses
|
$13,268
|
$0
|
$0
|
$13,268
|
|
|
|
|
|
|
|
|
|
Total
|
$34,606
|
$0
|
$0
|
$34,606
|
|
|
F.T.E.
|
|
|
|
0.5
|
|
|
|
|
|
|
|
(10)
|
Bureau of Finance and Management (BFM)
|
|
|
|
|
|
Personal Services
|
$686,876
|
$0
|
$2,426,885
|
$3,113,761
|
|
|
Operating Expenses
|
$223,908
|
$0
|
$2,567,139
|
$2,791,047
|
|
|
|
|
|
|
|
|
|
Total
|
$910,784
|
$0
|
$4,994,024
|
$5,904,808
|
|
|
F.T.E.
|
|
|
|
36.0
|
|
|
|
|
|
|
|
(11)
|
Sale Leaseback, BFM
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$4,000,000
|
$0
|
$0
|
$4,000,000
|
|
|
|
|
|
|
|
|
|
Total
|
$4,000,000
|
$0
|
$0
|
$4,000,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(12)
|
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
|
|
|
|
|
|
|
|
(13)
|
Building Authority--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,500
|
$2,500
|
|
|
Operating Expenses
|
$0
|
$0
|
$578,601
|
$578,601
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$581,101
|
$581,101
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(14)
|
Health & Education Facilities Authority--Informational
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$495,857
|
$495,857
|
|
|
Operating Expenses
|
$0
|
$0
|
$229,412
|
$229,412
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$725,269
|
$725,269
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
(15)
|
Employee Compensation and Billing Pools
|
|
|
|
|
|
Personal Services
|
$11,532,200
|
$5,533,644
|
$12,471,646
|
$29,537,490
|
|
|
Operating Expenses
|
$784,902
|
$561,580
|
$473,685
|
$1,820,167
|
|
|
|
|
|
|
|
|
|
Total
|
$12,317,102
|
$6,095,224
|
$12,945,331
|
$31,357,657
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(16)
|
Educational Enhancement Funding Corporation--Informational
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$184,029
|
$184,029
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$184,029
|
$184,029
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(17)
|
Administrative Services, Bureau of Administration (BOA)
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$379,687
|
$379,687
|
|
|
Operating Expenses
|
$683
|
$0
|
$111,957
|
$112,640
|
|
|
|
|
|
|
|
|
|
Total
|
$683
|
$0
|
$491,644
|
$492,327
|
|
|
F.T.E.
|
|
|
|
3.5
|
|
|
|
|
|
|
|
(18)
|
Sale Leaseback (BOA)
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$289,450
|
$0
|
$0
|
$289,450
|
|
|
|
|
|
|
|
|
|
Total
|
$289,450
|
$0
|
$0
|
$289,450
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(19)
|
Central Services
|
|
|
|
|
|
|
Personal Services
|
$186,880
|
$0
|
$6,850,077
|
$7,036,957
|
|
|
Operating Expenses
|
$210,049
|
$0
|
$18,064,367
|
$18,274,416
|
|
|
|
|
|
|
|
|
|
Total
|
$396,929
|
$0
|
$24,914,444
|
$25,311,373
|
|
|
F.T.E.
|
|
|
|
135.5
|
|
|
|
|
|
|
|
(20)
|
State Engineer
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,055,942
|
$1,055,942
|
|
|
Operating Expenses
|
$0
|
$0
|
$231,829
|
$231,829
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,287,771
|
$1,287,771
|
|
|
F.T.E.
|
|
|
|
14.0
|
|
|
|
|
|
|
|
(21)
|
Statewide Maintenance and Repair
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$17,771,043
|
$500,000
|
$3,089,246
|
$21,360,289
|
|
|
|
|
|
|
|
|
|
Total
|
$17,771,043
|
$500,000
|
$3,089,246
|
$21,360,289
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(22)
|
Office of Hearing Examiners
|
|
|
|
|
|
|
Personal Services
|
$259,691
|
$0
|
$0
|
$259,691
|
|
|
Operating Expenses
|
$73,570
|
$0
|
$0
|
$73,570
|
|
|
|
|
|
|
|
|
|
Total
|
$333,261
|
$0
|
$0
|
$333,261
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
(23)
|
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
|
|
|
|
|
|
|
|
(24)
|
Risk Management Administration - Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$512,312
|
$512,312
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,440,013
|
$3,440,013
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,952,325
|
$3,952,325
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
(25)
|
Risk Management 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
|
|
|
|
|
|
|
|
(26)
|
Captive Insurance Pool
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,836,000
|
$1,836,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,836,000
|
$1,836,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(27)
|
Data Centers, Bureau of Information and Telecommunications (BIT)
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$5,242,874
|
$5,242,874
|
|
|
Operating Expenses
|
$0
|
$0
|
$4,400,416
|
$4,400,416
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$9,643,290
|
$9,643,290
|
|
|
F.T.E.
|
|
|
|
64.0
|
|
|
|
|
|
|
|
(28)
|
Development
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$12,310,247
|
$12,310,247
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,183,487
|
$2,183,487
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$14,493,734
|
$14,493,734
|
|
|
F.T.E.
|
|
|
|
153.0
|
|
|
|
|
|
|
|
(29)
|
Telecommunications Services
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$6,840,755
|
$6,840,755
|
|
|
Operating Expenses
|
$0
|
$0
|
$9,988,057
|
$9,988,057
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$16,828,812
|
$16,828,812
|
|
|
F.T.E.
|
|
|
|
86.0
|
|
|
|
|
|
|
|
(30)
|
South Dakota Public Broadcasting
|
|
|
|
|
|
Personal Services
|
$2,794,243
|
$0
|
$914,004
|
$3,708,247
|
|
|
Operating Expenses
|
$1,258,563
|
$422,484
|
$2,731,240
|
$4,412,287
|
|
|
|
|
|
|
|
|
|
Total
|
$4,052,806
|
$422,484
|
$3,645,244
|
$8,120,534
|
|
|
F.T.E.
|
|
|
|
59.5
|
|
|
|
|
|
|
|
(31)
|
BIT Administration
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,580,602
|
$1,580,602
|
|
|
Operating Expenses
|
$0
|
$0
|
$321,661
|
$321,661
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,902,263
|
$1,902,263
|
|
|
F.T.E.
|
|
|
|
17.0
|
|
|
|
|
|
|
|
(32)
|
State Radio Engineering
|
|
|
|
|
|
|
Personal Services
|
$739,413
|
$45,524
|
$11,617
|
$796,554
|
|
|
Operating Expenses
|
$2,292,324
|
$166,420
|
$143,927
|
$2,602,671
|
|
|
|
|
|
|
|
|
|
Total
|
$3,031,737
|
$211,944
|
$155,544
|
$3,399,225
|
|
|
F.T.E.
|
|
|
|
11.0
|
|
|
|
|
|
|
|
(33)
|
Personnel Management and Employee Benefits (BHR)
|
|
|
|
|
|
Personal Services
|
$209,552
|
$0
|
$4,556,409
|
$4,765,961
|
|
|
Operating Expenses
|
$63,504
|
$0
|
$1,963,793
|
$2,027,297
|
|
|
|
|
|
|
|
|
|
Total
|
$273,056
|
$0
|
$6,520,202
|
$6,793,258
|
|
|
F.T.E.
|
|
|
|
73.5
|
|
|
|
|
|
|
|
(34)
|
DEPARTMENT TOTAL, EXECUTIVE MANAGEMENT
|
|
|
|
|
Personal Services
|
$20,192,844
|
$7,604,607
|
$59,785,401
|
$87,582,852
|
|
|
Operating Expenses
|
$32,764,928
|
$11,255,104
|
$108,240,616
|
$152,260,648
|
|
|
|
|
|
|
|
|
|
Total
|
$52,957,772
|
$18,859,711
|
$168,026,017
|
$239,843,500
|
|
|
F.T.E.
|
|
|
|
798.3
|
|
|
|
|
|
|
|
SECTION 3. DEPARTMENT OF REVENUE
|
|
|
|
(1)
|
Administration, Secretary of Revenue
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,080,738
|
$2,080,738
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,633,589
|
$1,633,589
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,714,327
|
$3,714,327
|
|
|
F.T.E.
|
|
|
|
28.0
|
|
|
|
|
|
|
|
(2)
|
Business Tax
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$3,558,749
|
$3,558,749
|
|
|
Operating Expenses
|
$0
|
$0
|
$888,343
|
$888,343
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,447,092
|
$4,447,092
|
|
|
F.T.E.
|
|
|
|
57.5
|
|
|
|
|
|
|
|
(3)
|
Motor Vehicles
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,352,847
|
$2,352,847
|
|
|
Operating Expenses
|
$0
|
$0
|
$6,439,668
|
$6,439,668
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$8,792,515
|
$8,792,515
|
|
|
F.T.E.
|
|
|
|
46.0
|
|
|
|
|
|
|
|
(4)
|
Property and Special Taxes
|
|
|
|
|
|
|
Personal Services
|
$999,420
|
$0
|
$0
|
$999,420
|
|
|
Operating Expenses
|
$264,033
|
$0
|
$0
|
$264,033
|
|
|
|
|
|
|
|
|
|
Total
|
$1,263,453
|
$0
|
$0
|
$1,263,453
|
|
|
F.T.E.
|
|
|
|
15.0
|
|
|
|
|
|
|
|
(5)
|
Audits
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$3,941,952
|
$3,941,952
|
|
|
Operating Expenses
|
$0
|
$0
|
$597,261
|
$597,261
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,539,213
|
$4,539,213
|
|
|
F.T.E.
|
|
|
|
55.0
|
|
|
|
|
|
|
|
(6)
|
Instant and On-line Operation--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,411,500
|
$1,411,500
|
|
|
Operating Expenses
|
$0
|
$0
|
$36,936,302
|
$36,936,302
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$38,347,802
|
$38,347,802
|
|
|
F.T.E.
|
|
|
|
21.0
|
|
|
|
|
|
|
|
(7)
|
Video Lottery
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$672,358
|
$672,358
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,940,101
|
$1,940,101
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,612,459
|
$2,612,459
|
|
|
F.T.E.
|
|
|
|
10.0
|
|
|
|
|
|
|
|
(8)
|
Commission on Gaming--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,033,429
|
$1,033,429
|
|
|
Operating Expenses
|
$0
|
$0
|
$9,609,873
|
$9,609,873
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$10,643,302
|
$10,643,302
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
(9)
|
DEPARTMENT TOTAL, REVENUE
|
|
|
|
|
|
Personal Services
|
$999,420
|
$0
|
$15,051,573
|
$16,050,993
|
|
|
Operating Expenses
|
$264,033
|
$0
|
$58,045,137
|
$58,309,170
|
|
|
|
|
|
|
|
|
|
Total
|
$1,263,453
|
$0
|
$73,096,710
|
$74,360,163
|
|
|
F.T.E.
|
|
|
|
248.5
|
|
|
|
|
|
|
|
SECTION 4. DEPARTMENT OF AGRICULTURE
|
|
|
|
(1)
|
Administration, Secretary of Agriculture
|
|
|
|
|
|
Personal Services
|
$682,362
|
$42,302
|
$76,542
|
$801,206
|
|
|
Operating Expenses
|
$186,254
|
$18,665
|
$93,841
|
$298,760
|
|
|
|
|
|
|
|
|
|
Total
|
$868,616
|
$60,967
|
$170,383
|
$1,099,966
|
|
|
F.T.E.
|
|
|
|
9.5
|
|
|
|
|
|
|
|
(2)
|
Agricultural Services and Assistance
|
|
|
|
|
|
Personal Services
|
$1,463,240
|
$1,841,056
|
$1,157,436
|
$4,461,732
|
|
|
Operating Expenses
|
$608,744
|
$1,995,468
|
$1,882,808
|
$4,487,020
|
|
|
|
|
|
|
|
|
|
Total
|
$2,071,984
|
$3,836,524
|
$3,040,244
|
$8,948,752
|
|
|
F.T.E.
|
|
|
|
81.9
|
|
|
|
|
|
|
|
(3)
|
Agricultural Development and Promotion
|
|
|
|
|
|
Personal Services
|
$1,260,234
|
$473,431
|
$162,632
|
$1,896,297
|
|
|
Operating Expenses
|
$463,895
|
$1,132,230
|
$670,648
|
$2,266,773
|
|
|
|
|
|
|
|
|
|
Total
|
$1,724,129
|
$1,605,661
|
$833,280
|
$4,163,070
|
|
|
F.T.E.
|
|
|
|
29.0
|
|
|
|
|
|
|
|
(4)
|
Animal Industry Board
|
|
|
|
|
|
|
Personal Services
|
$1,715,416
|
$1,072,434
|
$132,772
|
$2,920,622
|
|
|
Operating Expenses
|
$342,429
|
$622,804
|
$141,640
|
$1,106,873
|
|
|
|
|
|
|
|
|
|
Total
|
$2,057,845
|
$1,695,238
|
$274,412
|
$4,027,495
|
|
|
F.T.E.
|
|
|
|
41.0
|
|
|
|
|
|
|
|
(5)
|
American Dairy Association--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,540,100
|
$2,540,100
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,540,100
|
$2,540,100
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(6)
|
Wheat Commission--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$234,930
|
$234,930
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,882,106
|
$1,882,106
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,117,036
|
$2,117,036
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
(7)
|
Oilseeds Council--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,309
|
$1,309
|
|
|
Operating Expenses
|
$0
|
$0
|
$363,954
|
$363,954
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$365,263
|
$365,263
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(8)
|
Soybean Research and Promotion Council--Informational
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$510,828
|
$510,828
|
|
|
Operating Expenses
|
$0
|
$0
|
$10,523,756
|
$10,523,756
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$11,034,584
|
$11,034,584
|
|
|
F.T.E.
|
|
|
|
8.0
|
|
|
|
|
|
|
|
(9)
|
Brand Board--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,594,056
|
$1,594,056
|
|
|
Operating Expenses
|
$0
|
$0
|
$524,003
|
$524,003
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,118,059
|
$2,118,059
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
(10)
|
Corn Utilization Council--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$105,950
|
$105,950
|
|
|
Operating Expenses
|
$0
|
$0
|
$5,815,082
|
$5,815,082
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$5,921,032
|
$5,921,032
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
(11)
|
Board of Veterinary Medicine Examiners--Informational
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,579
|
$2,579
|
|
|
Operating Expenses
|
$0
|
$0
|
$56,555
|
$56,555
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$59,134
|
$59,134
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(12)
|
Pulse Crops Council--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,000
|
$1,000
|
|
|
Operating Expenses
|
$0
|
$0
|
$28,500
|
$28,500
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$29,500
|
$29,500
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(13)
|
State Fair
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$904,176
|
$904,176
|
|
|
Operating Expenses
|
$322,567
|
$0
|
$2,287,640
|
$2,610,207
|
|
|
|
|
|
|
|
|
|
Total
|
$322,567
|
$0
|
$3,191,816
|
$3,514,383
|
|
|
F.T.E.
|
|
|
|
19.5
|
|
|
|
|
|
|
|
(14)
|
DEPARTMENT TOTAL, AGRICULTURE
|
|
|
|
|
|
Personal Services
|
$5,121,252
|
$3,429,223
|
$4,884,210
|
$13,434,685
|
|
|
Operating Expenses
|
$1,923,889
|
$3,769,167
|
$26,810,633
|
$32,503,689
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$7,045,141
|
$7,198,390
|
$31,694,843
|
$45,938,374
|
|
|
F.T.E.
|
|
|
|
225.9
|
|
|
|
|
|
|
|
SECTION 5. DEPARTMENT OF TOURISM
|
|
|
|
(1)
|
Tourism
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,678,876
|
$1,678,876
|
|
|
Operating Expenses
|
$0
|
$0
|
$13,152,699
|
$13,152,699
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$14,831,575
|
$14,831,575
|
|
|
F.T.E.
|
|
|
|
25.0
|
|
|
|
|
|
|
|
(2)
|
Arts
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$258,441
|
$258,441
|
|
|
Operating Expenses
|
$0
|
$878,000
|
$576,618
|
$1,454,618
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$878,000
|
$835,059
|
$1,713,059
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
(3)
|
DEPARTMENT TOTAL, TOURISM
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,937,317
|
$1,937,317
|
|
|
Operating Expenses
|
$0
|
$878,000
|
$13,729,317
|
$14,607,317
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$0
|
$878,000
|
$15,666,634
|
$16,544,634
|
|
|
F.T.E.
|
|
|
|
28.0
|
|
|
|
|
|
|
|
SECTION 6. DEPARTMENT OF GAME, FISH AND PARKS
|
|
|
(1)
|
Administration, Secretary of Game, Fish and Parks
|
|
|
|
|
|
Personal Services
|
$130,451
|
$0
|
$2,057,946
|
$2,188,397
|
|
|
Operating Expenses
|
$821,916
|
$0
|
$1,138,385
|
$1,960,301
|
|
|
|
|
|
|
|
|
|
Total
|
$952,367
|
$0
|
$3,196,331
|
$4,148,698
|
|
|
F.T.E.
|
|
|
|
27.6
|
|
|
|
|
|
|
|
(2)
|
Wildlife--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$4,044,760
|
$14,394,113
|
$18,438,873
|
|
|
Operating Expenses
|
$0
|
$13,537,861
|
$15,378,412
|
$28,916,273
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$17,582,621
|
$29,772,525
|
$47,355,146
|
|
|
F.T.E.
|
|
|
|
294.0
|
|
|
|
|
|
|
|
(3)
|
Wildlife, Development and Improvement--Informational
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$1,078,250
|
$694,335
|
$1,772,585
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$1,078,250
|
$694,335
|
$1,772,585
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(4)
|
State Parks and Recreation
|
|
|
|
|
|
|
Personal Services
|
$2,620,093
|
$910,324
|
$7,023,154
|
$10,553,571
|
|
|
Operating Expenses
|
$2,605,378
|
$2,695,957
|
$8,222,590
|
$13,523,925
|
|
|
|
|
|
|
|
|
|
Total
|
$5,225,471
|
$3,606,281
|
$15,245,744
|
$24,077,496
|
|
|
F.T.E.
|
|
|
|
248.2
|
|
|
|
|
|
|
|
(5)
|
State Parks and Recreation, Development and Improvement
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$2,694,950
|
$6,053,657
|
$8,748,607
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$2,694,950
|
$6,053,657
|
$8,748,607
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(6)
|
Snowmobile Trails--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$387,450
|
$387,450
|
|
|
Operating Expenses
|
$0
|
$0
|
$908,729
|
$908,729
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,296,179
|
$1,296,179
|
|
|
F.T.E.
|
|
|
|
9.1
|
|
|
|
|
|
|
|
(7)
|
DEPARTMENT TOTAL, GAME, FISH AND PARKS
|
|
|
|
|
|
Personal Services
|
$2,750,544
|
$4,955,084
|
$23,862,663
|
$31,568,291
|
|
|
Operating Expenses
|
$3,427,294
|
$20,007,018
|
$32,396,108
|
$55,830,420
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$6,177,838
|
$24,962,102
|
$56,258,771
|
$87,398,711
|
|
|
F.T.E.
|
|
|
|
578.9
|
|
|
|
|
|
|
|
SECTION 7. DEPARTMENT OF TRIBAL RELATIONS
|
|
|
|
(1)
|
Office of Tribal Relations
|
|
|
|
|
|
|
Personal Services
|
$412,361
|
$0
|
$0
|
$412,361
|
|
|
Operating Expenses
|
$98,589
|
$0
|
$20,000
|
$118,589
|
|
|
|
|
|
|
|
|
|
Total
|
$510,950
|
$0
|
$20,000
|
$530,950
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, TRIBAL RELATIONS
|
|
|
|
|
|
Personal Services
|
$412,361
|
$0
|
$0
|
$412,361
|
|
|
Operating Expenses
|
$98,589
|
$0
|
$20,000
|
$118,589
|
|
|
|
|
|
|
|
|
|
Total
|
$510,950
|
$0
|
$20,000
|
$530,950
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
SECTION 8. DEPARTMENT OF SOCIAL SERVICES
|
|
|
|
(1)
|
Administration, Secretary of Social Services
|
|
|
|
|
|
Personal Services
|
$4,375,231
|
$5,712,079
|
$10,073
|
$10,097,383
|
|
|
Operating Expenses
|
$4,492,097
|
$10,678,024
|
$9,269
|
$15,179,390
|
|
|
|
|
|
|
|
|
|
Total
|
$8,867,328
|
$16,390,103
|
$19,342
|
$25,276,773
|
|
|
F.T.E.
|
|
|
|
182.7
|
|
|
|
|
|
|
|
(2)
|
Economic Assistance
|
|
|
|
|
|
|
Personal Services
|
$7,915,147
|
$11,433,186
|
$23,792
|
$19,372,125
|
|
|
Operating Expenses
|
$18,095,732
|
$48,726,588
|
$317,023
|
$67,139,343
|
|
|
|
|
|
|
|
|
|
Total
|
$26,010,879
|
$60,159,774
|
$340,815
|
$86,511,468
|
|
|
F.T.E.
|
|
|
|
320.5
|
|
|
|
|
|
|
|
(3)
|
Medical and Adult Services
|
|
|
|
|
|
|
Personal Services
|
$3,130,649
|
$6,509,584
|
$169,272
|
$9,809,505
|
|
|
Operating Expenses
|
$313,039,236
|
$485,793,720
|
$1,625,860
|
$800,458,816
|
|
|
|
|
|
|
|
|
|
Total
|
$316,169,885
|
$492,303,304
|
$1,795,132
|
$810,268,321
|
|
|
F.T.E.
|
|
|
|
151.0
|
|
|
|
|
|
|
|
(4)
|
Children's Services
|
|
|
|
|
|
|
Personal Services
|
$11,807,473
|
$9,537,514
|
$1,667,868
|
$23,012,855
|
|
|
Operating Expenses
|
$33,548,337
|
$37,685,165
|
$3,056,772
|
$74,290,274
|
|
|
|
|
|
|
|
|
|
Total
|
$45,355,810
|
$47,222,679
|
$4,724,640
|
$97,303,129
|
|
|
F.T.E.
|
|
|
|
353.8
|
|
|
|
|
|
|
|
(5)
|
Behavioral Health
|
|
|
|
|
|
|
Personal Services
|
$30,739,411
|
$10,092,089
|
$1,672,825
|
$42,504,325
|
|
|
Operating Expenses
|
$48,687,720
|
$27,536,915
|
$1,404,923
|
$77,629,558
|
|
|
|
|
|
|
|
|
|
Total
|
$79,427,131
|
$37,629,004
|
$3,077,748
|
$120,133,883
|
|
|
F.T.E.
|
|
|
|
653.0
|
|
|
|
|
|
|
|
(6)
|
Board of Counselor Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,960
|
$2,960
|
|
|
Operating Expenses
|
$0
|
$0
|
$90,045
|
$90,045
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$93,005
|
$93,005
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(7)
|
Board of Psychology Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$3,639
|
$3,639
|
|
|
Operating Expenses
|
$0
|
$0
|
$73,271
|
$73,271
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$76,910
|
$76,910
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(8)
|
Board of Social Work Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$3,008
|
$3,008
|
|
|
Operating Expenses
|
$0
|
$0
|
$98,729
|
$98,729
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$101,737
|
$101,737
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(9)
|
Board of Addiction and Prevention Professionals--Informational
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$108,143
|
$108,143
|
|
|
Operating Expenses
|
$0
|
$0
|
$58,124
|
$58,124
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$166,267
|
$166,267
|
|
|
F.T.E.
|
|
|
|
1.3
|
|
|
|
|
|
|
|
(10)
|
DEPARTMENT TOTAL, SOCIAL SERVICES
|
|
|
|
|
|
Personal Services
|
$57,967,911
|
$43,284,452
|
$3,661,580
|
$104,913,943
|
|
|
Operating Expenses
|
$417,863,122
|
$610,420,412
|
$6,734,016
|
$1,035,017,550
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$475,831,033
|
$653,704,864
|
$10,395,596
|
$1,139,931,493
|
|
|
F.T.E.
|
|
|
|
1,662.3
|
|
|
|
|
|
|
|
SECTION 9. DEPARTMENT OF HEALTH
|
|
|
|
(1)
|
Administration, Secretary of Health
|
|
|
|
|
|
Personal Services
|
$726,935
|
$993,417
|
$614,217
|
$2,334,569
|
|
|
Operating Expenses
|
$208,907
|
$690,500
|
$867,189
|
$1,766,596
|
|
|
|
|
|
|
|
|
|
Total
|
$935,842
|
$1,683,917
|
$1,481,406
|
$4,101,165
|
|
|
F.T.E.
|
|
|
|
32.0
|
|
|
|
|
|
|
|
(2)
|
Health Systems Development and Regulation
|
|
|
|
|
|
Personal Services
|
$2,072,550
|
$3,463,283
|
$63,949
|
$5,599,782
|
|
|
Operating Expenses
|
$1,431,195
|
$6,797,990
|
$3,085,407
|
$11,314,592
|
|
|
|
|
|
|
|
|
|
Total
|
$3,503,745
|
$10,261,273
|
$3,149,356
|
$16,914,374
|
|
|
F.T.E.
|
|
|
|
70.0
|
|
|
|
|
|
|
|
(3)
|
Family and Community Health
|
|
|
|
|
|
|
Personal Services
|
$2,196,518
|
$9,821,005
|
$1,333,485
|
$13,351,008
|
|
|
Operating Expenses
|
$1,883,073
|
$14,452,369
|
$4,625,776
|
$20,961,218
|
|
|
|
|
|
|
|
|
|
Total
|
$4,079,591
|
$24,273,374
|
$5,959,261
|
$34,312,226
|
|
|
F.T.E.
|
|
|
|
188.5
|
|
|
|
|
|
|
|
(4)
|
Laboratory Services
|
|
|
|
|
|
|
Personal Services
|
$0
|
$604,552
|
$1,509,971
|
$2,114,523
|
|
|
Operating Expenses
|
$0
|
$2,703,463
|
$1,916,315
|
$4,619,778
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$3,308,015
|
$3,426,286
|
$6,734,301
|
|
|
F.T.E.
|
|
|
|
28.0
|
|
|
|
|
|
|
|
(5)
|
Correctional Health
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$7,035,212
|
$7,035,212
|
|
|
Operating Expenses
|
$0
|
$0
|
$14,017,721
|
$14,017,721
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$21,052,933
|
$21,052,933
|
|
|
F.T.E.
|
|
|
|
87.0
|
|
|
|
|
|
|
|
(6)
|
Tobacco Prevention
|
|
|
|
|
|
|
Personal Services
|
$0
|
$238,505
|
$0
|
$238,505
|
|
|
Operating Expenses
|
$0
|
$1,314,180
|
$4,500,212
|
$5,814,392
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$1,552,685
|
$4,500,212
|
$6,052,897
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
(7)
|
Board of Chiropractic Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$62,107
|
$62,107
|
|
|
Operating Expenses
|
$0
|
$0
|
$48,426
|
$48,426
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$110,533
|
$110,533
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
(8)
|
Board of Dentistry--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$7,059
|
$7,059
|
|
|
Operating Expenses
|
$0
|
$0
|
$329,110
|
$329,110
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$336,169
|
$336,169
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(9)
|
Board of Hearing Aid Dispensers--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,184
|
$1,184
|
|
|
Operating Expenses
|
$0
|
$0
|
$23,703
|
$23,703
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$24,887
|
$24,887
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(10)
|
Board of Funeral Service--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$9,176
|
$9,176
|
|
|
Operating Expenses
|
$0
|
$0
|
$64,472
|
$64,472
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$73,648
|
$73,648
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(11)
|
Board of Medical and Osteopathic Examiners--Informational
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$409,885
|
$409,885
|
|
|
Operating Expenses
|
$0
|
$0
|
$615,818
|
$615,818
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,025,703
|
$1,025,703
|
|
|
F.T.E.
|
|
|
|
7.0
|
|
|
|
|
|
|
|
(12)
|
Board of Nursing--Informational
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$650,248
|
$650,248
|
|
|
Operating Expenses
|
$0
|
$0
|
$669,880
|
$669,880
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,320,128
|
$1,320,128
|
|
|
F.T.E.
|
|
|
|
9.0
|
|
|
|
|
|
|
|
(13)
|
Board of Nursing Home Administrators--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,297
|
$2,297
|
|
|
Operating Expenses
|
$0
|
$0
|
$57,087
|
$57,087
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$59,384
|
$59,384
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(14)
|
Board of Optometry--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,096
|
$1,096
|
|
|
Operating Expenses
|
$0
|
$0
|
$68,350
|
$68,350
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$69,446
|
$69,446
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(15)
|
Board of Pharmacy--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$488,045
|
$488,045
|
|
|
Operating Expenses
|
$0
|
$0
|
$647,875
|
$647,875
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,135,920
|
$1,135,920
|
|
|
F.T.E.
|
|
|
|
5.9
|
|
|
|
|
|
|
|
(16)
|
Board of Podiatry Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$281
|
$281
|
|
|
Operating Expenses
|
$0
|
$0
|
$21,194
|
$21,194
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$21,475
|
$21,475
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(17)
|
Board of Massage Therapy--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,339
|
$1,339
|
|
|
Operating Expenses
|
$0
|
$0
|
$85,640
|
$85,640
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$86,979
|
$86,979
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(18)
|
Board of Speech-Language Pathology--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,095
|
$1,095
|
|
|
Operating Expenses
|
$0
|
$0
|
$45,112
|
$45,112
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$46,207
|
$46,207
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(19)
|
DEPARTMENT TOTAL, HEALTH
|
|
|
|
|
|
Personal Services
|
$4,996,003
|
$15,120,762
|
$12,190,646
|
$32,307,411
|
|
|
Operating Expenses
|
$3,523,175
|
$25,958,502
|
$31,689,287
|
$61,170,964
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$8,519,178
|
$41,079,264
|
$43,879,933
|
$93,478,375
|
|
|
F.T.E.
|
|
|
|
431.4
|
|
|
|
|
|
|
|
SECTION 10. DEPARTMENT OF LABOR AND REGULATION
|
|
|
(1)
|
Administration, Secretary of Labor
|
|
|
|
|
|
Personal Services
|
$39,370
|
$3,168,595
|
$158,814
|
$3,366,779
|
|
|
Operating Expenses
|
$618,064
|
$11,941,677
|
$225,045
|
$12,784,786
|
|
|
|
|
|
|
|
|
|
Total
|
$657,434
|
$15,110,272
|
$383,859
|
$16,151,565
|
|
|
F.T.E.
|
|
|
|
52.5
|
|
|
|
|
|
|
|
(2)
|
Unemployment Insurance Services
|
|
|
|
|
|
|
Personal Services
|
$0
|
$4,044,391
|
$335,058
|
$4,379,449
|
|
|
Operating Expenses
|
$0
|
$667,674
|
$8,050
|
$675,724
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$4,712,065
|
$343,108
|
$5,055,173
|
|
|
F.T.E.
|
|
|
|
79.0
|
|
|
|
|
|
|
|
(3)
|
Field Operations
|
|
|
|
|
|
|
Personal Services
|
$526,992
|
$9,141,457
|
$0
|
$9,668,449
|
|
|
Operating Expenses
|
$114,798
|
$1,466,290
|
$0
|
$1,581,088
|
|
|
|
|
|
|
|
|
|
Total
|
$641,790
|
$10,607,747
|
$0
|
$11,249,537
|
|
|
F.T.E.
|
|
|
|
166.0
|
|
|
|
|
|
|
|
(4)
|
State Labor Law Administration
|
|
|
|
|
|
|
Personal Services
|
$606,377
|
$398,580
|
$246,800
|
$1,251,757
|
|
|
Operating Expenses
|
$96,716
|
$77,783
|
$244,949
|
$419,448
|
|
|
|
|
|
|
|
|
|
Total
|
$703,093
|
$476,363
|
$491,749
|
$1,671,205
|
|
|
F.T.E.
|
|
|
|
19.0
|
|
|
|
|
|
|
|
(5)
|
Board of Accountancy--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$143,841
|
$143,841
|
|
|
Operating Expenses
|
$0
|
$0
|
$173,265
|
$173,265
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$317,106
|
$317,106
|
|
|
F.T.E.
|
|
|
|
2.5
|
|
|
|
|
|
|
|
(6)
|
Board of Barber Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,459
|
$2,459
|
|
|
Operating Expenses
|
$0
|
$0
|
$26,534
|
$26,534
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$28,993
|
$28,993
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(7)
|
Cosmetology Commission--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$182,742
|
$182,742
|
|
|
Operating Expenses
|
$0
|
$0
|
$122,006
|
$122,006
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$304,748
|
$304,748
|
|
|
F.T.E.
|
|
|
|
3.6
|
|
|
|
|
|
|
|
(8)
|
Plumbing Commission--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$409,025
|
$409,025
|
|
|
Operating Expenses
|
$0
|
$0
|
$201,579
|
$201,579
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$610,604
|
$610,604
|
|
|
F.T.E.
|
|
|
|
7.0
|
|
|
|
|
|
|
|
(9)
|
Board of Technical Professions--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$181,539
|
$181,539
|
|
|
Operating Expenses
|
$0
|
$0
|
$183,305
|
$183,305
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$364,844
|
$364,844
|
|
|
F.T.E.
|
|
|
|
3.5
|
|
|
|
|
|
|
|
(10)
|
Electrical Commission--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,171,723
|
$1,171,723
|
|
|
Operating Expenses
|
$0
|
$0
|
$488,233
|
$488,233
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,659,956
|
$1,659,956
|
|
|
F.T.E.
|
|
|
|
22.0
|
|
|
|
|
|
|
|
(11)
|
Real Estate Commission--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$338,434
|
$338,434
|
|
|
Operating Expenses
|
$0
|
$0
|
$230,805
|
$230,805
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$569,239
|
$569,239
|
|
|
F.T.E.
|
|
|
|
5.0
|
|
|
|
|
|
|
|
(12)
|
Abstracters Board of Examiners--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$17,386
|
$17,386
|
|
|
Operating Expenses
|
$0
|
$0
|
$9,578
|
$9,578
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$26,964
|
$26,964
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(13)
|
South Dakota Athletic Commission--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$8,187
|
$8,187
|
|
|
Operating Expenses
|
$0
|
$0
|
$47,343
|
$47,343
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$55,530
|
$55,530
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(14)
|
Banking
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,252,319
|
$2,252,319
|
|
|
Operating Expenses
|
$0
|
$0
|
$636,227
|
$636,227
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,888,546
|
$2,888,546
|
|
|
F.T.E.
|
|
|
|
28.5
|
|
|
|
|
|
|
|
(15)
|
Trust Captive Insurance Company - Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$15,000
|
$15,000
|
|
|
Operating Expenses
|
$0
|
$0
|
$258,750
|
$258,750
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$273,750
|
$273,750
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(16)
|
Securities
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$425,502
|
$425,502
|
|
|
Operating Expenses
|
$0
|
$0
|
$84,473
|
$84,473
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$509,975
|
$509,975
|
|
|
F.T.E.
|
|
|
|
5.7
|
|
|
|
|
|
|
|
(17)
|
Insurance
|
|
|
|
|
|
|
Personal Services
|
$0
|
$154,668
|
$1,971,733
|
$2,126,401
|
|
|
Operating Expenses
|
$0
|
$389,961
|
$359,386
|
$749,347
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$544,629
|
$2,331,119
|
$2,875,748
|
|
|
F.T.E.
|
|
|
|
30.0
|
|
|
|
|
|
|
|
(18)
|
South Dakota Retirement System
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$2,540,250
|
$2,540,250
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,781,742
|
$1,781,742
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,321,992
|
$4,321,992
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
(19)
|
DEPARTMENT TOTAL, LABOR AND REGULATION
|
|
|
|
|
Personal Services
|
$1,172,739
|
$16,907,691
|
$10,400,812
|
$28,481,242
|
|
|
Operating Expenses
|
$829,578
|
$14,543,385
|
$5,081,270
|
$20,454,233
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$2,002,317
|
$31,451,076
|
$15,482,082
|
$48,935,475
|
|
|
F.T.E.
|
|
|
|
457.3
|
|
|
|
|
|
|
|
SECTION 11. DEPARTMENT OF TRANSPORTATION
|
|
|
|
(1)
|
General Operations
|
|
|
|
|
|
|
Personal Services
|
$509,754
|
$11,056,305
|
$58,290,877
|
$69,856,936
|
|
|
Operating Expenses
|
$25,502
|
$30,121,451
|
$95,184,531
|
$125,331,484
|
|
|
|
|
|
|
|
|
|
Total
|
$535,256
|
$41,177,756
|
$153,475,408
|
$195,188,420
|
|
|
F.T.E.
|
|
|
|
1,026.3
|
|
|
|
|
|
|
|
(2)
|
Construction Contracts--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$347,068,873
|
$144,544,285
|
$491,613,158
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$347,068,873
|
$144,544,285
|
$491,613,158
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(3)
|
DEPARTMENT TOTAL, TRANSPORTATION
|
|
|
|
|
|
Personal Services
|
$509,754
|
$11,056,305
|
$58,290,877
|
$69,856,936
|
|
|
Operating Expenses
|
$25,502
|
$377,190,324
|
$239,728,816
|
$616,944,642
|
|
|
|
|
|
|
|
|
|
Total
|
$535,256
|
$388,246,629
|
$298,019,693
|
$686,801,578
|
|
|
F.T.E.
|
|
|
|
1,026.3
|
|
|
|
|
|
|
|
SECTION 12. DEPARTMENT OF EDUCATION
|
|
|
|
(1)
|
Administration, Secretary of Education
|
|
|
|
|
|
Personal Services
|
$1,641,691
|
$1,337,342
|
$74,692
|
$3,053,725
|
|
|
Operating Expenses
|
$1,137,999
|
$5,427,935
|
$136,099
|
$6,702,033
|
|
|
|
|
|
|
|
|
|
Total
|
$2,779,690
|
$6,765,277
|
$210,791
|
$9,755,758
|
|
|
F.T.E.
|
|
|
|
41.0
|
|
|
|
|
|
|
|
(2)
|
Workforce Education Fund--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,500,000
|
$2,500,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,500,000
|
$2,500,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(3)
|
State Aid to General Education
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$448,404,255
|
$0
|
$0
|
$448,404,255
|
|
|
|
|
|
|
|
|
|
Total
|
$448,404,255
|
$0
|
$0
|
$448,404,255
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(4)
|
State Aid to Special Education
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$63,646,857
|
$0
|
$0
|
$63,646,857
|
|
|
|
|
|
|
|
|
|
Total
|
$63,646,857
|
$0
|
$0
|
$63,646,857
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(5)
|
Sparsity Payments
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$2,009,669
|
$0
|
$0
|
$2,009,669
|
|
|
|
|
|
|
|
|
|
Total
|
$2,009,669
|
$0
|
$0
|
$2,009,669
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(6)
|
National Board Certified Teachers
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$150,000
|
$0
|
$0
|
$150,000
|
|
|
|
|
|
|
|
|
|
Total
|
$150,000
|
$0
|
$0
|
$150,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(7)
|
Technology and Innovation in Schools
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$13,281,276
|
$0
|
$1,822,505
|
$15,103,781
|
|
|
|
|
|
|
|
|
|
Total
|
$13,281,276
|
$0
|
$1,822,505
|
$15,103,781
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(8)
|
Postsecondary Vocational Education
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$23,076,976
|
$0
|
$0
|
$23,076,976
|
|
|
|
|
|
|
|
|
|
Total
|
$23,076,976
|
$0
|
$0
|
$23,076,976
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(9)
|
Postsecondary Voc Ed Tuition Assistance
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$1,831,820
|
$0
|
$0
|
$1,831,820
|
|
|
|
|
|
|
|
|
|
Total
|
$1,831,820
|
$0
|
$0
|
$1,831,820
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(10)
|
Postsecondary Instructor Salary Enhancements
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$3,000,000
|
$0
|
$0
|
$3,000,000
|
|
|
|
|
|
|
|
|
|
Total
|
$3,000,000
|
$0
|
$0
|
$3,000,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(11)
|
Education Resources
|
|
|
|
|
|
|
Personal Services
|
$1,747,916
|
$3,191,007
|
$302,260
|
$5,241,183
|
|
|
Operating Expenses
|
$7,311,365
|
$175,417,825
|
$847,960
|
$183,577,150
|
|
|
|
|
|
|
|
|
|
Total
|
$9,059,281
|
$178,608,832
|
$1,150,220
|
$188,818,333
|
|
|
F.T.E.
|
|
|
|
75.5
|
|
|
|
|
|
|
|
(12)
|
History
|
|
|
|
|
|
|
Personal Services
|
$952,947
|
$400,821
|
$1,294,584
|
$2,648,352
|
|
|
Operating Expenses
|
$1,195,233
|
$553,499
|
$1,247,500
|
$2,996,232
|
|
|
|
|
|
|
|
|
|
Total
|
$2,148,180
|
$954,320
|
$2,542,084
|
$5,644,584
|
|
|
F.T.E.
|
|
|
|
44.0
|
|
|
|
|
|
|
|
(13)
|
State Library
|
|
|
|
|
|
|
Personal Services
|
$1,017,375
|
$343,658
|
$0
|
$1,361,033
|
|
|
Operating Expenses
|
$854,398
|
$889,287
|
$27,900
|
$1,771,585
|
|
|
|
|
|
|
|
|
|
Total
|
$1,871,773
|
$1,232,945
|
$27,900
|
$3,132,618
|
|
|
F.T.E.
|
|
|
|
23.5
|
|
|
|
|
|
|
|
(14)
|
DEPARTMENT TOTAL, EDUCATION
|
|
|
|
|
|
Personal Services
|
$5,359,929
|
$5,272,828
|
$1,671,536
|
$12,304,293
|
|
|
Operating Expenses
|
$565,899,848
|
$182,288,546
|
$6,581,964
|
$754,770,358
|
|
|
|
|
|
|
|
|
|
Total
|
$571,259,777
|
$187,561,374
|
$8,253,500
|
$767,074,651
|
|
|
F.T.E.
|
|
|
|
184.0
|
|
|
|
|
|
|
|
SECTION 13. DEPARTMENT OF PUBLIC SAFETY
|
|
|
|
(1)
|
Administration, Secretary of Public Safety
|
|
|
|
|
|
Personal Services
|
$125,747
|
$89,702
|
$469,090
|
$684,539
|
|
|
Operating Expenses
|
$14,574
|
$0
|
$140,028
|
$154,602
|
|
|
|
|
|
|
|
|
|
Total
|
$140,321
|
$89,702
|
$609,118
|
$839,141
|
|
|
F.T.E.
|
|
|
|
8.5
|
|
|
|
|
|
|
|
(2)
|
Highway Patrol
|
|
|
|
|
|
|
Personal Services
|
$482,928
|
$1,576,977
|
$16,221,294
|
$18,281,199
|
|
|
Operating Expenses
|
$907,916
|
$5,314,919
|
$6,834,342
|
$13,057,177
|
|
|
|
|
|
|
|
|
|
Total
|
$1,390,844
|
$6,891,896
|
$23,055,636
|
$31,338,376
|
|
|
F.T.E.
|
|
|
|
276.0
|
|
|
|
|
|
|
|
(3)
|
Emergency Services & Homeland Security
|
|
|
|
|
|
Personal Services
|
$963,622
|
$1,408,723
|
$86,941
|
$2,459,286
|
|
|
Operating Expenses
|
$374,771
|
$8,810,806
|
$180,825
|
$9,366,402
|
|
|
|
|
|
|
|
|
|
Total
|
$1,338,393
|
$10,219,529
|
$267,766
|
$11,825,688
|
|
|
F.T.E.
|
|
|
|
30.5
|
|
|
|
|
|
|
|
(4)
|
Legal and Regulatory Services
|
|
|
|
|
|
Personal Services
|
$67,606
|
$8,500
|
$4,678,882
|
$4,754,988
|
|
|
Operating Expenses
|
$719,578
|
$322,353
|
$2,932,365
|
$3,974,296
|
|
|
|
|
|
|
|
|
|
Total
|
$787,184
|
$330,853
|
$7,611,247
|
$8,729,284
|
|
|
F.T.E.
|
|
|
|
95.5
|
|
|
|
|
|
|
|
(5)
|
911 Coordination Board--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$110,201
|
$110,201
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,795,611
|
$3,795,611
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,905,812
|
$3,905,812
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
(6)
|
DEPARTMENT TOTAL, PUBLIC SAFETY
|
|
|
|
|
|
Personal Services
|
$1,639,903
|
$3,083,902
|
$21,566,408
|
$26,290,213
|
|
|
Operating Expenses
|
$2,016,839
|
$14,448,078
|
$13,883,171
|
$30,348,088
|
|
|
|
|
|
|
|
|
|
Total
|
$3,656,742
|
$17,531,980
|
$35,449,579
|
$56,638,301
|
|
|
F.T.E.
|
|
|
|
411.5
|
|
|
|
|
|
|
|
SECTION 14. BOARD OF REGENTS
|
|
|
|
|
(1)
|
Regents Central Office
|
|
|
|
|
|
|
Personal Services
|
$4,711,944
|
$0
|
$2,158,272
|
$6,870,216
|
|
|
Operating Expenses
|
$14,850,076
|
$574,450
|
$43,423,273
|
$58,847,799
|
|
|
|
|
|
|
|
|
|
Total
|
$19,562,020
|
$574,450
|
$45,581,545
|
$65,718,015
|
|
|
F.T.E.
|
|
|
|
70.3
|
|
|
|
|
|
|
|
(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
|
$5,525,976
|
$0
|
$0
|
$5,525,976
|
|
|
|
|
|
|
|
|
|
Total
|
$5,525,976
|
$0
|
$0
|
$5,525,976
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(4)
|
University of South Dakota Proper
|
|
|
|
|
|
Personal Services
|
$32,676,112
|
$5,145,206
|
$51,708,325
|
$89,529,643
|
|
|
Operating Expenses
|
$4,042,669
|
$8,292,837
|
$40,291,723
|
$52,627,229
|
|
|
|
|
|
|
|
|
|
Total
|
$36,718,781
|
$13,438,043
|
$92,000,048
|
$142,156,872
|
|
|
F.T.E.
|
|
|
|
1,107.2
|
|
|
|
|
|
|
|
(5)
|
University of South Dakota School of Medicine
|
|
|
|
|
|
Personal Services
|
$18,752,164
|
$3,488,188
|
$9,363,347
|
$31,603,699
|
|
|
Operating Expenses
|
$3,376,579
|
$8,373,419
|
$9,510,185
|
$21,260,183
|
|
|
|
|
|
|
|
|
|
Total
|
$22,128,743
|
$11,861,607
|
$18,873,532
|
$52,863,882
|
|
|
F.T.E.
|
|
|
|
321.5
|
|
|
|
|
|
|
|
(6)
|
South Dakota State University Proper
|
|
|
|
|
|
Personal Services
|
$40,625,508
|
$8,534,785
|
$84,860,853
|
$134,021,146
|
|
|
Operating Expenses
|
$6,499,577
|
$27,109,691
|
$82,425,518
|
$116,034,786
|
|
|
|
|
|
|
|
|
|
Total
|
$47,125,085
|
$35,644,476
|
$167,286,371
|
$250,055,932
|
|
|
F.T.E.
|
|
|
|
1,617.7
|
|
|
|
|
|
|
|
(7)
|
SDSU Extension
|
|
|
|
|
|
|
Personal Services
|
$8,132,618
|
$3,762,133
|
$1,067,120
|
$12,961,871
|
|
|
Operating Expenses
|
$329,154
|
$4,727,508
|
$1,336,053
|
$6,392,715
|
|
|
|
|
|
|
|
|
|
Total
|
$8,461,772
|
$8,489,641
|
$2,403,173
|
$19,354,586
|
|
|
F.T.E.
|
|
|
|
190.4
|
|
|
|
|
|
|
|
(8)
|
Agricultural Experiment Station
|
|
|
|
|
|
|
Personal Services
|
$11,302,509
|
$5,723,505
|
$4,565,105
|
$21,591,119
|
|
|
Operating Expenses
|
$627,155
|
$11,960,134
|
$10,751,541
|
$23,338,830
|
|
|
|
|
|
|
|
|
|
Total
|
$11,929,664
|
$17,683,639
|
$15,316,646
|
$44,929,949
|
|
|
F.T.E.
|
|
|
|
270.5
|
|
|
|
|
|
|
|
(9)
|
South Dakota School of Mines and Technology
|
|
|
|
|
|
Personal Services
|
$15,741,535
|
$3,674,583
|
$20,509,113
|
$39,925,231
|
|
|
Operating Expenses
|
$992,905
|
$30,458,296
|
$20,498,867
|
$51,950,068
|
|
|
|
|
|
|
|
|
|
Total
|
$16,734,440
|
$34,132,879
|
$41,007,980
|
$91,875,299
|
|
|
F.T.E.
|
|
|
|
433.4
|
|
|
|
|
|
|
|
(10)
|
Northern State University
|
|
|
|
|
|
|
Personal Services
|
$12,990,842
|
$1,232,776
|
$12,474,138
|
$26,697,756
|
|
|
Operating Expenses
|
$1,399,370
|
$722,202
|
$11,819,936
|
$13,941,508
|
|
|
|
|
|
|
|
|
|
Total
|
$14,390,212
|
$1,954,978
|
$24,294,074
|
$40,639,264
|
|
|
F.T.E.
|
|
|
|
351.0
|
|
|
|
|
|
|
|
(11)
|
Black Hills State University
|
|
|
|
|
|
|
Personal Services
|
$8,479,435
|
$1,841,027
|
$19,750,743
|
$30,071,205
|
|
|
Operating Expenses
|
$743,253
|
$3,073,936
|
$12,894,240
|
$16,711,429
|
|
|
|
|
|
|
|
|
|
Total
|
$9,222,688
|
$4,914,963
|
$32,644,983
|
$46,782,634
|
|
|
F.T.E.
|
|
|
|
418.5
|
|
|
|
|
|
|
|
(12)
|
Dakota State University
|
|
|
|
|
|
|
Personal Services
|
$8,751,091
|
$632,432
|
$13,282,397
|
$22,665,920
|
|
|
Operating Expenses
|
$685,066
|
$4,899,039
|
$10,675,824
|
$16,259,929
|
|
|
|
|
|
|
|
|
|
Total
|
$9,436,157
|
$5,531,471
|
$23,958,221
|
$38,925,849
|
|
|
F.T.E.
|
|
|
|
288.8
|
|
|
|
|
|
|
|
(13)
|
South Dakota School for the Deaf
|
|
|
|
|
|
Personal Services
|
$1,621,303
|
$0
|
$0
|
$1,621,303
|
|
|
Operating Expenses
|
$1,149,224
|
$0
|
$667,252
|
$1,816,476
|
|
|
|
|
|
|
|
|
|
Total
|
$2,770,527
|
$0
|
$667,252
|
$3,437,779
|
|
|
F.T.E.
|
|
|
|
22.5
|
|
|
|
|
|
|
|
(14)
|
South Dakota School for the Blind and Visually Impaired
|
|
|
|
|
|
Personal Services
|
$2,643,735
|
$212,317
|
$44,595
|
$2,900,647
|
|
|
Operating Expenses
|
$259,682
|
$37,683
|
$395,795
|
$693,160
|
|
|
|
|
|
|
|
|
|
Total
|
$2,903,417
|
$250,000
|
$440,390
|
$3,593,807
|
|
|
F.T.E.
|
|
|
|
48.6
|
|
|
|
|
|
|
|
(15)
|
DEPARTMENT TOTAL, BOARD OF REGENTS
|
|
|
|
|
|
Personal Services
|
$166,428,796
|
$34,246,952
|
$219,784,008
|
$420,459,756
|
|
|
Operating Expenses
|
$41,480,686
|
$100,229,195
|
$244,690,207
|
$386,400,088
|
|
|
|
|
|
|
|
|
|
Total
|
$207,909,482
|
$134,476,147
|
$464,474,215
|
$806,859,844
|
|
|
F.T.E.
|
|
|
|
5,140.4
|
|
|
|
|
|
|
|
SECTION 15. DEPARTMENT OF THE MILITARY
|
|
|
|
(1)
|
Adjutant General
|
|
|
|
|
|
|
Personal Services
|
$417,112
|
$0
|
$18,856
|
$435,968
|
|
|
Operating Expenses
|
$131,994
|
$10,306
|
$10,021
|
$152,321
|
|
|
|
|
|
|
|
|
|
Total
|
$549,106
|
$10,306
|
$28,877
|
$588,289
|
|
|
F.T.E.
|
|
|
|
5.3
|
|
|
|
|
|
|
|
(2)
|
Army Guard
|
|
|
|
|
|
|
Personal Services
|
$400,556
|
$2,467,329
|
$0
|
$2,867,885
|
|
|
Operating Expenses
|
$2,584,455
|
$12,671,620
|
$0
|
$15,256,075
|
|
|
|
|
|
|
|
|
|
Total
|
$2,985,011
|
$15,138,949
|
$0
|
$18,123,960
|
|
|
F.T.E.
|
|
|
|
52.1
|
|
|
|
|
|
|
|
(3)
|
Air Guard
|
|
|
|
|
|
|
Personal Services
|
$196,287
|
$2,734,202
|
$0
|
$2,930,489
|
|
|
Operating Expenses
|
$238,382
|
$2,689,403
|
$0
|
$2,927,785
|
|
|
|
|
|
|
|
|
|
Total
|
$434,669
|
$5,423,605
|
$0
|
$5,858,274
|
|
|
F.T.E.
|
|
|
|
48.0
|
|
|
|
|
|
|
|
(4)
|
DEPARTMENT TOTAL, MILITARY
|
|
|
|
|
|
Personal Services
|
$1,013,955
|
$5,201,531
|
$18,856
|
$6,234,342
|
|
|
Operating Expenses
|
$2,954,831
|
$15,371,329
|
$10,021
|
$18,336,181
|
|
|
|
|
|
|
|
|
|
Total
|
$3,968,786
|
$20,572,860
|
$28,877
|
$24,570,523
|
|
|
F.T.E.
|
|
|
|
105.4
|
|
|
|
|
|
|
|
SECTION 16. DEPARTMENT OF VETERANS' AFFAIRS
|
|
|
|
(1)
|
Veterans' Benefits and Services
|
|
|
|
|
|
|
Personal Services
|
$1,096,470
|
$225,740
|
$0
|
$1,322,210
|
|
|
Operating Expenses
|
$423,558
|
$49,783
|
$106,000
|
$579,341
|
|
|
|
|
|
|
|
|
|
Total
|
$1,520,028
|
$275,523
|
$106,000
|
$1,901,551
|
|
|
F.T.E.
|
|
|
|
20.0
|
|
|
|
|
|
|
|
(2)
|
State Veterans' Home
|
|
|
|
|
|
|
Personal Services
|
$1,564,434
|
$1,844,662
|
$2,671,156
|
$6,080,252
|
|
|
Operating Expenses
|
$29,023
|
$0
|
$3,390,860
|
$3,419,883
|
|
|
|
|
|
|
|
|
|
Total
|
$1,593,457
|
$1,844,662
|
$6,062,016
|
$9,500,135
|
|
|
F.T.E.
|
|
|
|
118.2
|
|
|
|
|
|
|
|
(3)
|
DEPARTMENT TOTAL, VETERANS' AFFAIRS
|
|
|
|
|
|
Personal Services
|
$2,660,904
|
$2,070,402
|
$2,671,156
|
$7,402,462
|
|
|
Operating Expenses
|
$452,581
|
$49,783
|
$3,496,860
|
$3,999,224
|
|
|
|
|
|
|
|
|
|
Total
|
$3,113,485
|
$2,120,185
|
$6,168,016
|
$11,401,686
|
|
|
F.T.E.
|
|
|
|
138.2
|
|
|
|
|
|
|
|
SECTION 17. DEPARTMENT OF CORRECTIONS
|
|
|
|
(1)
|
Administration, Central Office
|
|
|
|
|
|
|
Personal Services
|
$1,640,393
|
$99,345
|
$0
|
$1,739,738
|
|
|
Operating Expenses
|
$1,117,635
|
$864,556
|
$0
|
$1,982,191
|
|
|
|
|
|
|
|
|
|
Total
|
$2,758,028
|
$963,901
|
$0
|
$3,721,929
|
|
|
F.T.E.
|
|
|
|
22.0
|
|
|
|
|
|
|
|
(2)
|
Mike Durfee State Prison
|
|
|
|
|
|
|
Personal Services
|
$11,535,027
|
$45,152
|
$0
|
$11,580,179
|
|
|
Operating Expenses
|
$6,056,227
|
$35,858
|
$0
|
$6,092,085
|
|
|
|
|
|
|
|
|
|
Total
|
$17,591,254
|
$81,010
|
$0
|
$17,672,264
|
|
|
F.T.E.
|
|
|
|
210.0
|
|
|
|
|
|
|
|
(3)
|
State Penitentiary
|
|
|
|
|
|
|
Personal Services
|
$17,273,472
|
$53,864
|
$0
|
$17,327,336
|
|
|
Operating Expenses
|
$6,459,781
|
$64,747
|
$0
|
$6,524,528
|
|
|
|
|
|
|
|
|
|
Total
|
$23,733,253
|
$118,611
|
$0
|
$23,851,864
|
|
|
F.T.E.
|
|
|
|
312.0
|
|
|
|
|
|
|
|
(4)
|
Women's Prison
|
|
|
|
|
|
|
Personal Services
|
$3,828,620
|
$57,746
|
$0
|
$3,886,366
|
|
|
Operating Expenses
|
$1,591,939
|
$9,508
|
$0
|
$1,601,447
|
|
|
|
|
|
|
|
|
|
Total
|
$5,420,559
|
$67,254
|
$0
|
$5,487,813
|
|
|
F.T.E.
|
|
|
|
70.0
|
|
|
|
|
|
|
|
(5)
|
Pheasantland Industries
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$1,007,493
|
$1,007,493
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,658,121
|
$2,658,121
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,665,614
|
$3,665,614
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
(6)
|
Inmate Services
|
|
|
|
|
|
|
Personal Services
|
$1,428,912
|
$78,286
|
$0
|
$1,507,198
|
|
|
Operating Expenses
|
$23,681,835
|
$295,534
|
$0
|
$23,977,369
|
|
|
|
|
|
|
|
|
|
Total
|
$25,110,747
|
$373,820
|
$0
|
$25,484,567
|
|
|
F.T.E.
|
|
|
|
24.0
|
|
|
|
|
|
|
|
(7)
|
Parole Services
|
|
|
|
|
|
|
Personal Services
|
$3,445,294
|
$0
|
$0
|
$3,445,294
|
|
|
Operating Expenses
|
$1,935,019
|
$0
|
$0
|
$1,935,019
|
|
|
|
|
|
|
|
|
|
Total
|
$5,380,313
|
$0
|
$0
|
$5,380,313
|
|
|
F.T.E.
|
|
|
|
57.0
|
|
|
|
|
|
|
|
(8)
|
Juvenile Community Corrections
|
|
|
|
|
|
|
Personal Services
|
$2,461,475
|
$0
|
$0
|
$2,461,475
|
|
|
Operating Expenses
|
$10,984,478
|
$3,925,848
|
$0
|
$14,910,326
|
|
|
|
|
|
|
|
|
|
Total
|
$13,445,953
|
$3,925,848
|
$0
|
$17,371,801
|
|
|
F.T.E.
|
|
|
|
40.0
|
|
|
|
|
|
|
|
(9)
|
Youth Challenge Center
|
|
|
|
|
|
|
Personal Services
|
$392,351
|
$0
|
$0
|
$392,351
|
|
|
Operating Expenses
|
$90,049
|
$0
|
$0
|
$90,049
|
|
|
|
|
|
|
|
|
|
Total
|
$482,400
|
$0
|
$0
|
$482,400
|
|
|
F.T.E.
|
|
|
|
5.0
|
|
|
|
|
|
|
|
(10)
|
Patrick Henry Brady Academy
|
|
|
|
|
|
|
Personal Services
|
$394,648
|
$0
|
$0
|
$394,648
|
|
|
Operating Expenses
|
$71,661
|
$0
|
$0
|
$71,661
|
|
|
|
|
|
|
|
|
|
Total
|
$466,309
|
$0
|
$0
|
$466,309
|
|
|
F.T.E.
|
|
|
|
5.0
|
|
|
|
|
|
|
|
(11)
|
State Treatment and Rehabilitation Academy
|
|
|
|
|
|
Personal Services
|
$1,687,791
|
$0
|
$0
|
$1,687,791
|
|
|
Operating Expenses
|
$987,100
|
$467,943
|
$0
|
$1,455,043
|
|
|
|
|
|
|
|
|
|
Total
|
$2,674,891
|
$467,943
|
$0
|
$3,142,834
|
|
|
F.T.E.
|
|
|
|
26.0
|
|
|
|
|
|
|
|
(12)
|
QUEST
|
|
|
|
|
|
|
Personal Services
|
$122,912
|
$0
|
$0
|
$122,912
|
|
|
Operating Expenses
|
$72,279
|
$0
|
$0
|
$72,279
|
|
|
|
|
|
|
|
|
|
Total
|
$195,191
|
$0
|
$0
|
$195,191
|
|
|
F.T.E.
|
|
|
|
2.0
|
|
|
|
|
|
|
|
(13)
|
DEPARTMENT TOTAL, CORRECTIONS
|
|
|
|
|
|
Personal Services
|
$44,210,895
|
$334,393
|
$1,007,493
|
$45,552,781
|
|
|
Operating Expenses
|
$53,048,003
|
$5,663,994
|
$2,658,121
|
$61,370,118
|
|
|
|
|
|
|
|
|
|
Total
|
$97,258,898
|
$5,998,387
|
$3,665,614
|
$106,922,899
|
|
|
F.T.E.
|
|
|
|
789.0
|
|
|
|
|
|
|
|
SECTION 18. DEPARTMENT OF HUMAN SERVICES
|
|
|
|
(1)
|
Administration, Secretary of Human Services
|
|
|
|
|
|
Personal Services
|
$630,375
|
$558,680
|
$0
|
$1,189,055
|
|
|
Operating Expenses
|
$289,115
|
$142,393
|
$1,421
|
$432,929
|
|
|
|
|
|
|
|
|
|
Total
|
$919,490
|
$701,073
|
$1,421
|
$1,621,984
|
|
|
F.T.E.
|
|
|
|
17.0
|
|
|
|
|
|
|
|
(2)
|
Developmental Disabilities
|
|
|
|
|
|
|
Personal Services
|
$704,324
|
$693,476
|
$0
|
$1,397,800
|
|
|
Operating Expenses
|
$60,303,826
|
$76,879,780
|
$5,748,659
|
$142,932,265
|
|
|
|
|
|
|
|
|
|
Total
|
$61,008,150
|
$77,573,256
|
$5,748,659
|
$144,330,065
|
|
|
F.T.E.
|
|
|
|
20.5
|
|
|
|
|
|
|
|
(3)
|
South Dakota Developmental Center--Redfield
|
|
|
|
|
|
Personal Services
|
$9,210,169
|
$10,896,459
|
$0
|
$20,106,628
|
|
|
Operating Expenses
|
$2,288,962
|
$2,742,261
|
$794,724
|
$5,825,947
|
|
|
|
|
|
|
|
|
|
Total
|
$11,499,131
|
$13,638,720
|
$794,724
|
$25,932,575
|
|
|
F.T.E.
|
|
|
|
377.6
|
|
|
|
|
|
|
|
(4)
|
Rehabilitation Services
|
|
|
|
|
|
|
Personal Services
|
$866,224
|
$5,260,294
|
$0
|
$6,126,518
|
|
|
Operating Expenses
|
$3,824,211
|
$11,141,847
|
$1,493,424
|
$16,459,482
|
|
|
|
|
|
|
|
|
|
Total
|
$4,690,435
|
$16,402,141
|
$1,493,424
|
$22,586,000
|
|
|
F.T.E.
|
|
|
|
101.1
|
|
|
|
|
|
|
|
(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
|
$491,232
|
$1,210,141
|
$178,523
|
$1,879,896
|
|
|
Operating Expenses
|
$462,175
|
$1,404,146
|
$203,032
|
$2,069,353
|
|
|
|
|
|
|
|
|
|
Total
|
$953,407
|
$2,614,287
|
$381,555
|
$3,949,249
|
|
|
F.T.E.
|
|
|
|
29.2
|
|
|
|
|
|
|
|
(7)
|
DEPARTMENT TOTAL, HUMAN SERVICES
|
|
|
|
|
|
Personal Services
|
$11,902,324
|
$18,619,050
|
$178,523
|
$30,699,897
|
|
|
Operating Expenses
|
$67,168,289
|
$92,310,427
|
$9,542,940
|
$169,021,656
|
|
|
|
|
|
|
|
|
|
Total
|
$79,070,613
|
$110,929,477
|
$9,721,463
|
$199,721,553
|
|
|
F.T.E.
|
|
|
|
545.4
|
|
|
|
|
|
|
|
SECTION 19. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
|
|
(1)
|
Financial and Technical Assistance
|
|
|
|
|
|
|
Personal Services
|
$2,128,638
|
$1,630,514
|
$721,098
|
$4,480,250
|
|
|
Operating Expenses
|
$356,029
|
$623,781
|
$286,324
|
$1,266,134
|
|
|
|
|
|
|
|
|
|
Total
|
$2,484,667
|
$2,254,295
|
$1,007,422
|
$5,746,384
|
|
|
F.T.E.
|
|
|
|
56.5
|
|
|
|
|
|
|
|
(2)
|
Environmental Services
|
|
|
|
|
|
|
Personal Services
|
$3,365,435
|
$3,926,133
|
$2,365,143
|
$9,656,711
|
|
|
Operating Expenses
|
$595,313
|
$2,122,193
|
$876,631
|
$3,594,137
|
|
|
|
|
|
|
|
|
|
Total
|
$3,960,748
|
$6,048,326
|
$3,241,774
|
$13,250,848
|
|
|
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
|
$402,528
|
$402,528
|
|
|
Operating Expenses
|
$0
|
$0
|
$69,892
|
$69,892
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$472,420
|
$472,420
|
|
|
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
|
$5,494,073
|
$5,556,647
|
$3,488,769
|
$14,539,489
|
|
|
Operating Expenses
|
$951,342
|
$2,745,974
|
$5,847,849
|
$9,545,165
|
|
|
|
|
|
|
|
|
|
Total
|
$6,445,415
|
$8,302,621
|
$9,336,618
|
$24,084,654
|
|
|
F.T.E.
|
|
|
|
180.5
|
|
|
|
|
|
|
|
SECTION 20. PUBLIC UTILITIES COMMISSION
|
|
|
|
(1)
|
Public Utilities Commission
|
|
|
|
|
|
|
Personal Services
|
$512,602
|
$192,604
|
$2,247,648
|
$2,952,854
|
|
|
Operating Expenses
|
$53,084
|
$102,700
|
$1,459,283
|
$1,615,067
|
|
|
|
|
|
|
|
|
|
Total
|
$565,686
|
$295,304
|
$3,706,931
|
$4,567,921
|
|
|
F.T.E.
|
|
|
|
31.2
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION
|
|
|
|
|
Personal Services
|
$512,602
|
$192,604
|
$2,247,648
|
$2,952,854
|
|
|
Operating Expenses
|
$53,084
|
$102,700
|
$1,459,283
|
$1,615,067
|
|
|
|
|
|
|
|
|
|
Total
|
$565,686
|
$295,304
|
$3,706,931
|
$4,567,921
|
|
|
F.T.E.
|
|
|
|
31.2
|
|
|
|
|
|
|
|
SECTION 21. UNIFIED JUDICIAL SYSTEM
|
|
|
|
(1)
|
State Bar of South Dakota--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$232,635
|
$232,635
|
|
|
Operating Expenses
|
$0
|
$0
|
$334,689
|
$334,689
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$567,324
|
$567,324
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
(2)
|
Unified Judicial System
|
|
|
|
|
|
|
Personal Services
|
$38,367,002
|
$388,366
|
$2,608,875
|
$41,364,243
|
|
|
Operating Expenses
|
$4,353,785
|
$389,239
|
$6,260,237
|
$11,003,261
|
|
|
|
|
|
|
|
|
|
Total
|
$42,720,787
|
$777,605
|
$8,869,112
|
$52,367,504
|
|
|
F.T.E.
|
|
|
|
576.4
|
|
|
|
|
|
|
|
(3)
|
DEPARTMENT TOTAL, UNIFIED JUDICIAL SYSTEM
|
|
|
|
|
Personal Services
|
$38,367,002
|
$388,366
|
$2,841,510
|
$41,596,878
|
|
|
Operating Expenses
|
$4,353,785
|
$389,239
|
$6,594,926
|
$11,337,950
|
|
|
|
|
|
|
|
|
|
Total
|
$42,720,787
|
$777,605
|
$9,436,436
|
$52,934,828
|
|
|
F.T.E.
|
|
|
|
579.4
|
|
|
|
|
|
|
|
SECTION 22. LEGISLATURE
|
|
|
|
|
(1)
|
Legislative Operations
|
|
|
|
|
|
|
Appropriation
|
$6,001,295
|
$0
|
$6,000
|
$6,007,295
|
|
|
F.T.E.
|
|
|
|
31.6
|
|
|
|
|
|
|
|
(2)
|
Legislative Contingency Fund
|
|
|
|
|
|
|
Legislative Operations
|
|
|
|
|
|
|
Appropriation
|
$0
|
$0
|
$1,000,000
|
$1,000,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(3)
|
Auditor General
|
|
|
|
|
|
|
Personal Services
|
$3,209,515
|
$0
|
$120,000
|
$3,329,515
|
|
|
Operating Expenses
|
$349,336
|
$0
|
$12,000
|
$361,336
|
|
|
|
|
|
|
|
|
|
Total
|
$3,558,851
|
$0
|
$132,000
|
$3,690,851
|
|
|
F.T.E.
|
|
|
|
41.0
|
|
|
|
|
|
|
|
(4)
|
DEPARTMENT TOTAL, LEGISLATURE
|
|
|
|
|
|
Personal Services
|
$3,209,515
|
$0
|
$120,000
|
$3,329,515
|
|
|
Operating Expenses
|
$349,336
|
$0
|
$12,000
|
$361,336
|
|
|
Legislative Operations
Appropriation
|
$6,001,295
|
$0
|
$1,006,000
|
$7,007,295
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$9,560,146
|
$0
|
$1,138,000
|
$10,698,146
|
|
|
F.T.E.
|
|
|
|
72.6
|
|
|
|
|
|
|
|
SECTION 23. ATTORNEY GENERAL
|
|
|
|
|
(1)
|
Legal Services Program
|
|
|
|
|
|
|
Personal Services
|
$4,302,854
|
$394,966
|
$1,354,838
|
$6,052,658
|
|
|
Operating Expenses
|
$579,363
|
$500,975
|
$1,053,020
|
$2,133,358
|
|
|
|
|
|
|
|
|
|
Total
|
$4,882,217
|
$895,941
|
$2,407,858
|
$8,186,016
|
|
|
F.T.E.
|
|
|
|
68.0
|
|
|
|
|
|
|
|
(2)
|
Criminal Investigation
|
|
|
|
|
|
|
Personal Services
|
$4,325,225
|
$1,184,618
|
$2,584,299
|
$8,094,142
|
|
|
Operating Expenses
|
$1,325,207
|
$2,050,441
|
$2,802,301
|
$6,177,949
|
|
|
|
|
|
|
|
|
|
Total
|
$5,650,432
|
$3,235,059
|
$5,386,600
|
$14,272,091
|
|
|
F.T.E.
|
|
|
|
96.5
|
|
|
|
|
|
|
|
(3)
|
Law Enforcement Training
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$796,185
|
$796,185
|
|
|
Operating Expenses
|
$480,730
|
$0
|
$1,003,733
|
$1,484,463
|
|
|
|
|
|
|
|
|
|
Total
|
$480,730
|
$0
|
$1,799,918
|
$2,280,648
|
|
|
F.T.E.
|
|
|
|
11.5
|
|
|
|
|
|
|
|
(4)
|
911 Training
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$125,300
|
$125,300
|
|
|
Operating Expenses
|
$0
|
$0
|
$98,656
|
$98,656
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$223,956
|
$223,956
|
|
|
F.T.E.
|
|
|
|
2.0
|
|
|
|
|
|
|
|
(5)
|
Insurance Fraud Unit--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$188,095
|
$188,095
|
|
|
Operating Expenses
|
$0
|
$0
|
$70,667
|
$70,667
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$258,762
|
$258,762
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
(6)
|
DEPARTMENT TOTAL, ATTORNEY GENERAL
|
|
|
|
|
|
Personal Services
|
$8,628,079
|
$1,579,584
|
$5,048,717
|
$15,256,380
|
|
|
Operating Expenses
|
$2,385,300
|
$2,551,416
|
$5,028,377
|
$9,965,093
|
|
|
|
|
|
|
|
|
|
Total
|
$11,013,379
|
$4,131,000
|
$10,077,094
|
$25,221,473
|
|
|
F.T.E.
|
|
|
|
181.0
|
|
|
|
|
|
|
|
SECTION 24. SCHOOL AND PUBLIC LANDS
|
|
|
|
(1)
|
Administration of School and Public Lands
|
|
|
|
|
|
Personal Services
|
$407,577
|
$0
|
$26,800
|
$434,377
|
|
|
Operating Expenses
|
$141,019
|
$0
|
$246,150
|
$387,169
|
|
|
|
|
|
|
|
|
|
Total
|
$548,596
|
$0
|
$272,950
|
$821,546
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, SCHOOL AND PUBLIC LANDS
|
|
|
|
|
Personal Services
|
$407,577
|
$0
|
$26,800
|
$434,377
|
|
|
Operating Expenses
|
$141,019
|
$0
|
$246,150
|
$387,169
|
|
|
|
|
|
|
|
|
|
Total
|
$548,596
|
$0
|
$272,950
|
$821,546
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
SECTION 25. SECRETARY OF STATE
|
|
|
|
(1)
|
Secretary of State
|
|
|
|
|
|
|
Personal Services
|
$822,185
|
$96,324
|
$175,224
|
$1,093,733
|
|
|
Operating Expenses
|
$442,063
|
$1,911,925
|
$309,776
|
$2,663,764
|
|
|
|
|
|
|
|
|
|
Total
|
$1,264,248
|
$2,008,249
|
$485,000
|
$3,757,497
|
|
|
F.T.E.
|
|
|
|
15.6
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, SECRETARY OF STATE
|
|
|
|
|
|
Personal Services
|
$822,185
|
$96,324
|
$175,224
|
$1,093,733
|
|
|
Operating Expenses
|
$442,063
|
$1,911,925
|
$309,776
|
$2,663,764
|
|
|
|
|
|
|
|
|
|
Total
|
$1,264,248
|
$2,008,249
|
$485,000
|
$3,757,497
|
|
|
F.T.E.
|
|
|
|
15.6
|
|
|
|
|
|
|
|
SECTION 26. STATE TREASURER
|
|
|
|
|
(1)
|
Treasury Management
|
|
|
|
|
|
|
Personal Services
|
$386,957
|
$0
|
$0
|
$386,957
|
|
|
Operating Expenses
|
$145,938
|
$0
|
$0
|
$145,938
|
|
|
|
|
|
|
|
|
|
Total
|
$532,895
|
$0
|
$0
|
$532,895
|
|
|
F.T.E.
|
|
|
|
5.2
|
|
|
|
|
|
|
|
(2)
|
Unclaimed Property--Informational
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$291,221
|
$291,221
|
|
|
Operating Expenses
|
$0
|
$0
|
$16,623,374
|
$16,623,374
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$16,914,595
|
$16,914,595
|
|
|
F.T.E.
|
|
|
|
3.8
|
|
|
|
|
|
|
|
(3)
|
Investment of State Funds
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$6,218,599
|
$6,218,599
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,798,929
|
$1,798,929
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$8,017,528
|
$8,017,528
|
|
|
F.T.E.
|
|
|
|
32.3
|
|
|
|
|
|
|
|
(4)
|
Performance Based Compensation
|
|
|
|
|
|
|
Personal Services
|
$0
|
$0
|
$10,152,724
|
$10,152,724
|
|
|
Operating Expenses
|
$0
|
$0
|
$0
|
$0
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$10,152,724
|
$10,152,724
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
(5)
|
DEPARTMENT TOTAL, STATE TREASURER
|
|
|
|
|
|
Personal Services
|
$386,957
|
$0
|
$16,662,544
|
$17,049,501
|
|
|
Operating Expenses
|
$145,938
|
$0
|
$18,422,303
|
$18,568,241
|
|
|
|
|
|
|
|
|
|
Total
|
$532,895
|
$0
|
$35,084,847
|
$35,617,742
|
|
|
F.T.E.
|
|
|
|
41.3
|
|
|
|
|
|
|
|
SECTION 27. STATE AUDITOR
|
|
|
|
|
(1)
|
State Auditor
|
|
|
|
|
|
|
Personal Services
|
$1,105,644
|
$0
|
$0
|
$1,105,644
|
|
|
Operating Expenses
|
$145,404
|
$0
|
$100,000
|
$245,404
|
|
|
|
|
|
|
|
|
|
Total
|
$1,251,048
|
$0
|
$100,000
|
$1,351,048
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
(2)
|
DEPARTMENT TOTAL, STATE AUDITOR
|
|
|
|
|
|
Personal Services
|
$1,105,644
|
$0
|
$0
|
$1,105,644
|
|
|
Operating Expenses
|
$145,404
|
$0
|
$100,000
|
$245,404
|
|
|
|
|
|
|
|
|
|
Total
|
$1,251,048
|
$0
|
$100,000
|
$1,351,048
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SECTION 28. STATE TOTAL
|
|
|
|
|
(1)
|
|
Personal Services
|
$386,273,168
|
$179,000,707
|
$467,574,271
|
$1,032,848,146
|
|
|
Operating Expenses
|
$1,202,708,458
|
$1,482,084,518
|
$841,359,148
|
$3,526,152,124
|
|
|
Single Line Item Appropriation
|
$6,001,295
|
$0
|
$1,006,000
|
$7,007,295
|
|
|
|
|
|
|
|
|
|
TOTAL
|
$1,594,982,921
|
$1,661,085,225
|
$1,309,939,419
|
$4,566,007,565
|
|
|
F.T.E.
|
|
|
|
13,900.4
|
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
|
$3,347,007
|
Governor's Office Operations
|
$107,183
|
From the game, fish and parks fund:
|
|
Radio Communications Operations
|
$438,811
|
From the game, fish and parks administrative revolving fund:
|
Governor's Office Operations
|
$18,048
|
From the motor vehicle fund:
|
|
Radio Communications Operations
|
$603,014
|
Section 30. The state treasurer shall transfer to the state general fund money from the dakota
cement trust fund, the amount identified by notice of the state investment officer pursuant to S.D.
Const., Art. XIII, § 21, for the Department of Education - state aid to education.
Section 31. The state treasurer shall transfer to the state general fund money from the health care
trust fund, the amount identified by notice of the state investment officer pursuant to § 4-5-29.1, for
the Department of Social Services - medical services.
Section 32. The state treasurer shall transfer to the state general fund money from the education
enhancement trust fund, the amount identified by notice of the state investment officer pursuant to
§ 4-5-29.2, for the Department of Education - state aid to education and the Board of Regents -
postsecondary scholarship grant programs.
Section 33. All members of state boards, councils, commissions, and advisory bodies listed in
this section, or created by law during the Ninety-first and Ninety-second Legislative Sessions, are
entitled to reimbursement for allowable expenses as approved by the Board of Finance under the
provisions of chapter 3-9. The salary or per diem compensation for members of state boards,
councils, commissions, and advisory bodies for their work in actual performance of their duties or
responsibilities is as follows:
PER DIEM PAYABLE
|
FISCAL YEARS 2017 & 2018
|
BOARDS, COMMITTEES, COUNCILS, AND COMMISSIONS
|
EXECUTIVE MANAGEMENT
|
|
Building Authority of SD
|
$60
|
Capitol Complex Restoration and Beautification Commission
|
$ 0
|
Civil Service Commission
|
$60
|
Council of Economic Advisors
|
$ 0
|
Economic Development, Board of
|
$60
|
Economic Development Finance Authority
|
$ 0
|
Educational Telecommunications, Board of Directors for
|
$60
|
Housing Development Authority
|
$75
|
Health and Education Facilities Authority
|
$ 0
|
Internal Control, State Board of
|
$ 0
|
Records Destruction Board
|
$ 0
|
Research and Commercialization Council
|
$ 0
|
Science and Technology Authority, Board of
|
$75
|
SD Ellsworth Authority
|
$ 0
|
SD State Radio
|
$ 0
|
AGRICULTURE
|
|
American Dairy Association of SD
|
$60
|
Animal Industry Board
|
$60
|
Brand Board
|
$60
|
Corn Utilization Council
|
$60
|
Oilseeds Council
|
$60
|
SD Pulse Crops Council
|
$60
|
Soybean Research and Promotion Council
|
$60
|
State Conservation Commission
|
$60
|
State Fair Commission
|
$60
|
Value Added Finance Authority
|
$60
|
Veterinary Medical Examiners, Board of
|
$60
|
Weed and Pest Control Commission
|
$60
|
Wheat Commission
|
$60
|
TOURISM
|
|
Arts Council
|
$60
|
Tourism, Board of
|
$60
|
GAME, FISH, AND PARKS
|
|
Game, Fish, and Parks Commission
|
$75
|
Governor's Commission on Ft. Sisseton
|
$ 0
|
SD Recreation Trail Advisory Board
|
$ 0
|
SD Snowmobile Advisory Council
|
$ 0
|
Boundary Waters Commission - SD - MN
|
$ 0
|
REVENUE
|
|
Gaming, Commission on
|
$75
|
SD Lottery Commission
|
$75
|
TRIBAL RELATIONS
|
|
SD Geographic Names, Board of
|
$ 0
|
SOCIAL SERVICES
|
|
Aging, Advisory Council on
|
$60
|
Board of Addiction and Prevention Professionals
|
$60
|
Counselor Examiners, Board of
|
$60
|
Human Services Center Advisory Board
|
$ 0
|
Medical Advisory Committee
|
$ 0
|
Pharmaceutical and Therapeutics Committee
|
$60
|
Psychology Examiners, Board of
|
$60
|
Social Services, Board of
|
$60
|
Social Workers Examiners, Board of
|
$60
|
Victims' Compensation Board
|
$60
|
Behavioral Health Advisory Committee
|
$ 0
|
Visitation Grant Advisory Group
|
$ 0
|
Commission on Child Support
|
$ 0
|
HEALTH
|
|
Chiropractic Examiners, Board of
|
$60
|
Comprehensive Cancer Control Steering Committee
|
$ 0
|
Dentistry, Board of
|
$60
|
Early Hearing Detection and Intervention Grant Advisory Committee
|
$ 0
|
Funeral Services, State Board of
|
$60
|
Health Link Advisory Committee
|
$ 0
|
Healthcare-Associated Infection Advisory Group
|
$ 0
|
Hearing Aid Dispensers, Board of
|
$60
|
HIV Community Planning Workgroup
|
$ 0
|
HIV Media Review Committee
|
$ 0
|
HIV Prevention Planning Workgroup
|
$ 0
|
Massage Therapy, Board of
|
$60
|
Medical and Osteopathic Examiners, State Board of
|
$60
|
Nursing, Board of
|
$60
|
Nursing Home Administrators, Board of
|
$60
|
Optometry, Board of Examiners
|
$60
|
Pharmacy, Board of
|
$60
|
PHHS Block Grant Advisory Committee
|
$ 0
|
Podiatry Examiners, Board of
|
$60
|
Ryan White Care Council
|
$ 0
|
Sexual Violence Prevention Planning Committee
|
$ 0
|
Tobacco Prevention Advisory Committee
|
$ 0
|
PUBLIC SAFETY
|
|
SD Homeland Security Senior Advisory Committee
|
$ 0
|
SD 9-1-1 Coordination Board
|
$ 0
|
Transportation Commission, State
|
$75
|
TRANSPORTATION
|
|
Aeronautics Commission
|
$60
|
Railroad Board, SD
|
$60
|
EDUCATION
|
|
Advisory Council on Certification
|
$ 0
|
Advisory Panel for Children with Disabilities
|
$ 0
|
Education, State Board of
|
$75
|
Extraordinary Cost Oversight Board
|
$ 0
|
Headstart Advisory Group
|
$ 0
|
Historical Society Trustees, Board of
|
$60
|
Native American Advisory Council
|
$ 0
|
Practitioners, Committee of
|
$ 0
|
Professional Administrators Practices and Standards Commission
|
$60
|
Professional Practices and Standards Commission
|
$60
|
Richard Hagen-Minerva Harvey Memorial Scholarship Board
|
$ 0
|
School Finance Accountability Board
|
$ 0
|
SD Interagency Coordinating Council
|
$ 0
|
State Library Board
|
$60
|
Superintendent Advisory Committee
|
$ 0
|
Title III Coordinators Advisory Panel
|
$ 0
|
Virtual High School Advisory
|
$ 0
|
LABOR AND REGULATION
|
|
Abstractors Board of Examiners
|
$60
|
Accountancy, SD Board of
|
$60
|
Appraiser Certification Program Advisory Council
|
$ 0
|
Banking Commission, State
|
$60
|
Barber Examiners, Board of
|
$60
|
Cosmetology Commission
|
$60
|
Department of Labor Employees Retirement Board
|
$60
|
Electrical Commission, State
|
$60
|
Governor's Task Force on Trust Administration Review and Reform
|
$ 0
|
Human Rights, Commission on
|
$60
|
Plumbing Commission
|
$60
|
Real Estate Commission
|
$60
|
SD Retirement System Board of Trustees
|
$75
|
SD Work Force Development Council
|
$60
|
State Workers' Compensation Advisory Council
|
$ 0
|
Technical Professions, Board of
|
$60
|
Unemployment Insurance Advisory Council
|
$60
|
SD Athletic Commission
|
$60
|
REGENTS
|
|
Regents, Board of
|
$75
|
MILITARY
|
|
Military Affairs, Board of
|
$60
|
VETERANS AFFAIRS
|
|
Veterans' Commission
|
$60
|
CORRECTIONS
|
|
Corrections Commission
|
$ 0
|
Council of Juvenile Services
|
$ 0
|
Pardons and Paroles, Board of
The expense reimbursement for each member of the Board of Pardons
and Paroles is equal to the daily rate set in § 24-13-5.
|
$75
|
HUMAN SERVICES
|
|
Blind Vendors Committee
|
$ 0
|
Family Support Council
|
$60
|
Planning Council on Developmental Disabilities
|
$60
|
Services to the Blind and Visually Impaired, Board of
|
$60
|
State Council for Independent Living
|
$ 0
|
Vocational Rehabilitation, Board of/Governor's Advisory
|
|
Committee on Employment of People with Disabilities
|
$60
|
ENVIRONMENT AND NATURAL RESOURCES
|
|
Emergency Response Commission
|
$ 0
|
Minerals and Environment, Board of
|
$75
|
Operator Certification Board
|
$ 0
|
Petroleum Release Compensation Board
|
$60
|
Small Business Clean Air Compliance Advisory Panel
|
$ 0
|
Water and Natural Resources, Board of
|
$60
|
Water Management Board
|
$60
|
UNIFIED JUDICIAL SYSTEM
|
|
Court Appointed Special Advocate Commission
|
$60
|
Judicial Qualifications Commission
|
$60
|
LEGISLATIVE
|
|
The salary or per diem compensation for members of the Legislature is equal to
the daily rate set by subdivision 2-4-2(2).
|
ATTORNEY GENERAL
|
|
Law Enforcement Officers Standards Commission
|
$60
|
Open Meeting Commission
|
$60
|
PUBLIC UTILITIES COMMISSION
|
|
One Call Notification Board
|
$ 0
|
STATE AUDITOR
|
|
Commission on Equal Access to Our Courts
|
$0
|
STATE TREASURER
|
|
Investment Council
|
$75
|
Public Deposit Protection Commission
|
$ 0
|
SECRETARY OF STATE
|
|
Elections, State Board of
|
$60
|
Finance, Board of
|
$ 0
|
Signed March 16, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\034.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\035.wpd
CHAPTER 35
(SB 15)
South Dakota Investment Council membership revised.
ENTITLED, An Act to revise certain provisions concerning the membership of the South Dakota
Investment Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-5-13 be amended to read:
4-5-13. The State Investment Council shall consist of eight voting members. Five members of
the council shall be appointed by the Executive Board of the Legislative Research Council and the
executive board may appoint persons holding public office, appointive or elective, provided that no
more than three members of the State Investment Council, at any one time, shall hold public office.
Action shall be by majority vote. Each of the members of the State Investment Council shall be
appointed for a term of five years. No more than four appointed members may be members of the
same political party. In addition to those members appointed by the executive board, the state
treasurer and, the commissioner of school and public lands, and the executive director of the South
Dakota Retirement System shall serve as ex officio voting members and a representative of the
Board of Trustees of the South Dakota Retirement System shall serve as an ex officio voting
member. The term of the representative of the Board of Trustees shall be one year and he shall be
appointed by the Board of Trustees of the South Dakota Retirement System.
Signed February 23, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\035.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\036.wpd
CHAPTER 36
(SB 48)
General Appropriations Act for fiscal year 2016 revised.
ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 2 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(16A) Employee Compensation Pool
Personal Services, General Funds, delete "$9,979,624" and insert "$789,611"
Personal Services, Federal Funds, delete "$5,016,808" and insert "$638,221"
Personal Services, Other Funds, delete "$11,200,009" and insert "$1,405,785"
Adjust all totals accordingly.
Section 2. That section 2 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF EXECUTIVE MANAGEMENT
(29) South Dakota Public Broadcasting
Operating Expenses, General Funds, delete "$1,226,745" and insert "$1,401,089"
Adjust all totals accordingly.
Section 3. That section 3 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF REVENUE
(3) Motor Vehicles
Operating Expenses, Other Funds, delete "$6,372,282" and insert "$9,465,027"
Adjust all totals accordingly.
Section 4. That section 5 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF TOURISM
(1) Tourism
Operating Expenses, Other Funds, delete "$12,028,624" and insert "$12,968,241"
Adjust all totals accordingly.
Section 5. That section 6 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF GAME, FISH AND PARKS
(4) State Parks and Recreation
Operating Expenses, General Funds, delete "$1,603,376" and insert "$2,609,949"
Adjust all totals accordingly.
Section 6. That section 8 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF SOCIAL SERVICES
(3) Medical and Adult Services
Operating Expenses, General Funds, delete "$306,330,539" and insert "$307,284,667"
Operating Expenses, Federal Funds, delete "$451,444,171" and insert "$452,462,197"
Adjust all totals accordingly.
Section 7. That section 8 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF SOCIAL SERVICES
(4) Children's Services
Operating Expenses, General Funds, delete $32,030,441" and insert "$30,968,454"
Adjust all totals accordingly.
Section 8. That section 8 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF SOCIAL SERVICES
(5) Behavioral Health
Operating Expenses, General Funds, delete "$44,807,914" and insert "$42,508,133"
Adjust all totals accordingly.
Section 9. That section 9 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF HEALTH
(3) Health and Medical Services
Operating Expenses, General Funds, delete "$2,004,530" and insert "$2,124,530"
Adjust all totals accordingly.
Section 10. That section 9 of chapter 31 of the 2015 Sessions Laws be amended to read:
DEPARTMENT OF HEALTH
(5) Correctional Health
Operating Expenses, Other Funds, delete "$12,653,143" and insert "$13,389,538"
Adjust all totals accordingly.
Section 11. That section 10 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF LABOR AND REGULATION
(2) Unemployment Insurance Services
Operating Expenses, General Funds, delete "$0" and insert "$150,000"
Adjust all totals accordingly.
Section 12. That section 11 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF TRANSPORTATION
(1) General Operations
Operating Expenses, Other Funds, delete "$93,217,400" and insert "$103,051,548"
Adjust all totals accordingly.
Section 13. That section 12 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF EDUCATION
(2) Workforce Education Fund-Informational
Operating Expenses, Other Funds, delete "$2,100,000" and insert "$3,397,339"
Adjust all totals accordingly.
Section 14. That section 12 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF EDUCATION
(3) State Aid to General Education
Operating Expenses, General Funds, delete "$347,719,770" and insert "$344,885,182"
Adjust all totals accordingly.
Section 15. That section 12 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF EDUCATION
(7) Postsecondary Vocational Education
Operating Expenses, General Funds, delete "$22,275,039" and insert "$22,295,271"
Adjust all totals accordingly.
Section 16. That section 12 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF EDUCATION
(9) Education Resources
Operating Expenses, General Funds, delete "$5,219,809" and insert "$6,480,469"
Adjust all totals accordingly.
Section 17. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(4) University of South Dakota Proper
Operating Expenses, General Funds, delete "$3,710,804" and insert "$3,420,449"
Adjust all totals accordingly.
Section 18. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(6) South Dakota State University Proper
Operating Expenses, General Funds, delete "$5,894,977" and insert "$5,948,218"
Adjust all totals accordingly.
Section 19. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(9) South Dakota School of Mines and Technology
Operating Expenses, General Funds, delete "$1,275,217" and insert "$1,155,828"
Adjust all totals accordingly.
Section 20. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(10) Northern State University
Operating Expenses, General Funds, delete "$1,298,826" and insert "$1,128,658"
Adjust all totals accordingly.
Section 21. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(11) Black Hills State University
Operating Expenses, General Funds, delete "$749,854" and insert "$727,957"
Adjust all totals accordingly.
Section 22. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(12) Dakota State University
Operating Expenses, General Funds, delete "$681,299" and insert "$656,063"
Operating Expenses, Other Funds, delete "$10,093,796" and insert "$10,843,796"
Adjust all totals accordingly.
Section 23. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(13) South Dakota School for the Deaf
Operating Expenses, General Funds, delete "$1,177,292" and insert "$1,142,765"
Adjust all totals accordingly.
Section 24. That section 14 of chapter 31 of the 2015 Session Laws be amended to read:
BOARD OF REGENTS
(14) South Dakota School for the Blind and Visually Impaired
Operating Expenses, General Funds, delete "$269,223" and insert "$260,077"
Adjust all totals accordingly.
Section 25. That section 15 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF THE MILITARY
(2) Army Guard
Operating Expenses, General Funds, delete "$2,327,269" and insert "$2,318,032"
Operating Expenses, Federal Funds, delete "$11,380,108" and insert "$11,363,562"
Adjust all totals accordingly.
Section 26. That section 15 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF THE MILITARY
(3) Air Guard
Operating Expenses, General Funds, delete "$234,228" and insert "$237,657"
Adjust all totals accordingly.
Section 27. That section 16 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF VETERANS' AFFAIRS
(1) Veterans' Benefits and Services
Operating Expenses, General Funds, delete "$371,194" and insert "$416,194"
Adjust all totals accordingly.
Section 28. That section 16 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF VETERANS' AFFAIRS
(2) State Veterans' Home
Operating Expenses, Other Funds, delete "$3,276,140" and insert "$3,157,367"
Adjust all totals accordingly.
Section 29. That section 17 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF CORRECTIONS
(2) Mike Durfee State Prison
Operating Expenses, General Funds, delete "$5,237,031" and insert "$5,007,081"
Operating Expenses, Other Funds, delete "$537,097" and insert "$547,494"
Adjust all totals accordingly.
Section 30. That section 17 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF CORRECTIONS
(3) State Penitentiary
Operating Expenses, General Funds, delete "$4,509,313" and insert "$4,390,092"
Adjust all totals accordingly.
Section 31. That section 17 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF CORRECTIONS
(4) Women's Prison
Operating Expenses, General Funds, delete "$1,302,782" and insert "$1,294,875"
Adjust all totals accordingly.
Section 32. That section 17 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF CORRECTIONS
(6) Inmate Services
Operating Expenses, General Funds, delete "$21,087,342" and insert "$21,823,737"
Adjust all totals accordingly.
Section 33. That section 17 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF CORRECTIONS
(9) Youth Challenge Center
Personal Services, General Funds, delete "$1,343,955" and insert "$1,171,905"
Operating Expenses, General Funds, delete "$112,026" and insert "$97,383"
Adjust all totals accordingly.
(10) Patrick Henry Brady
Personal Services, General Funds, delete "$1,353,892" and insert "$1,180,343"
Operating Expenses, General Funds, delete "$94,705" and insert "$82,353"
Adjust all totals accordingly.
(11) State Treatment and Rehabilitation Academy
Personal Services, General Funds, delete "$2,623,121" and insert "$2,288,896"
Operating Expenses, General Funds, delete "$2,402,432" and insert "$2,104,226"
Adjust all totals accordingly.
(12) Quest
Personal Services, General Funds, delete "$1,199,181" and insert "$1,046,134"
Operating Expenses, General Funds, delete "$92,683" and insert "$80,564"
Adjust all totals accordingly.
Section 34. That section 18 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF HUMAN SERVICES
(3) South Dakota Developmental Center-Redfield
Operating Expenses, General Funds, delete "$2,400,571" and insert "$2,345,463"
Operating Expenses, Federal Funds, delete "$2,614,674" and insert "$2,555,875"
Adjust all totals accordingly.
Section 35. That section 19 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(2) Environmental Services
Operating Expenses, General Funds, delete "$564,107" and insert "$739,107"
Adjust all totals accordingly.
Section 36. That chapter 31 of the 2015 Session Laws be amended by adding a NEW SECTION
to read:
Section 34. The state treasurer shall transfer to the general fund all unobligated cash from the
South Dakota risk pool fund created by § 58-17-120.
Section 37. That chapter 31 of the 2015 Session Laws be amended by adding a NEW SECTION
to read:
Section 35. The state treasurer shall transfer to the general fund three million five hundred
thousand dollars ($3,500,000) from the petroleum release compensation fund created by subdivision
34A-13-1(11).
Section 38. That chapter 31 of the 2015 Session Laws be amended by adding a NEW SECTION
to read:
Section 36. The state treasurer shall transfer to the general fund four million nine hundred
fifty-seven thousand five hundred nine dollars, or so much thereof that may be available, from
moneys within the Department of Corrections.
Section 39. The state treasurer shall transfer from the tuition and fees fund created by § 13-53-15
to the Board of Regents other budgeted fund the sum of one hundred thirty-seven thousand one
hundred seventy dollars for the purpose of supporting the need based scholarship.
Section 40. Funds appropriated by this Act which are unspent at the end of fiscal year 2016 may
be carried over to fiscal year 2017.
Section 41. This Act is effective June 28, 2016.
Signed March 16, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\036.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\037.wpd
CHAPTER 37
(HB 1045)
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 33 of the 2015 Session Laws be amended to be read:
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,
2016 2017.
Section 2. That section 2 of chapter 33 of the 2015 Session Laws be amended to be read:
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,
2016 2017.
Section 3. That section 3 of chapter 33 of the 2015 Session Laws be amended to be read:
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,
2016 2017.
Section 4. This Act is effective June 28, 2016.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\037.wpd
PUBLIC PROPERTY, PURCHASES AND CONTRACTS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\038.wpd
CHAPTER 38
(SB 23)
Conditional land exchanges, time allowed to complete extended.
ENTITLED, An Act to extend the time allowed for conditional land exchanges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-3-7 be amended to read:
5-3-7. The commissioner of school and public lands may exchange, with the approval of the
Governor and following a public hearing, any school section or portion of a school section common
school, indemnity, or endowment land for any land located within the State of South Dakota of like
appraised value. The commissioner may also exchange, with the approval of the Governor and
following a public hearing, any school section or portion of a school section common school,
indemnity, or endowment land for any land located within the State of South Dakota of appraised
value of at least seventy-five percent of the school land if the difference is paid in cash at the time
of the exchange. Such exchanges The exchange may be conditional as long as if the transfer is
completed within two five years and as long as the trust corpus is never diminished. Any cash
received from such an the exchange shall be treated as a cash sale pursuant to the provisions of
chapter 5-9. The commissioner shall promulgate rules, pursuant to chapter 1-26, to establish the
procedures and criteria for such exchanges a land exchange.
Signed March 9, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\038.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\039.wpd
CHAPTER 39
(HB 1102)
Time to review competitive bids increased.
ENTITLED, An Act to allow for additional time to review certain competitive sealed bids.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-18A-5 be amended to read:
5-18A-5. The following procedures apply to the use of competitive sealed bids:
(1) Public notice of the invitation for bids shall be given pursuant to § 5-18A-14;
(2) The invitation for bids shall include a purchase description, and all contractual terms and
conditions applicable to the procurement. The invitation for bids for supplies shall include
the length of time, not to exceed forty-five days, between the bid opening and the award
of the bid;
(3) A bid may be submitted either manually or electronically in a manner authorized by the
purchasing agency;
(4) Each bid shall be opened publicly in the presence of one or more witnesses at the time and
place designated in the invitation for bids. The amount of each bid, and such other
relevant information as may be specified, together with the name of each bidder shall be
recorded. Except as otherwise provided by law, the record and each bid shall be open to
public inspection;
(5) Each bid shall be unconditionally accepted without alteration or correction, except as
authorized in this section. Each bid shall be evaluated based on the requirements set forth
in the invitation for bids, which may include criteria to determine acceptability such as
inspection, testing, quality, workmanship, delivery, and suitability for a particular
purpose. Those criteria that will affect the bid price and be considered in evaluation for
award shall be objectively measurable, such as discounts, transportation costs, and total
or life cycle costs. The invitation for bids shall set forth the evaluation criteria to be used.
No criteria may be used in bid evaluation that are not set forth in the invitation for bids;
(6) Any bid may be withdrawn by letter
or, by electronic communications
, or in person before
the time specified in the advertisement
therefor for bid. The purchasing agency may allow
modification of bids by mail, facsimile, or electronic notice received at the place
designated in the invitation to bid not later than the time set for the opening of bids. A
modification may not reveal the bid price but shall provide the addition
or, subtraction
,
or
the modification so
that the final prices or terms will not be known to the purchasing
agency until the sealed bid is opened. A modification may not be withdrawn after the time
set for the opening of bids. Each modification shall be confirmed in writing by the
successful bidder before award of the contract. No bid made may be changed or altered
by telephone. After bid opening, no withdrawal of a bid or change in bid prices or other
provisions of bids prejudicial to the interest of the purchasing agency or fair competition
is permitted. The purchasing agency may waive technical irregularities in the bid or
proposal of the low bidder or offeror
which irregularities that do not alter the price,
quality, or quantity of the services, or items of tangible personal property bid or offered.
Any decision to permit the correction or withdrawal of a bid, or to cancel an award or a
contract based on a bid mistake, shall be supported by a written determination made by
the purchasing agency, and included in the bid file;
(7) The contract for services or public improvement shall be awarded within thirty days and
the contract for supplies shall be awarded withing forty-five days of the bid opening by
written notice to the lowest responsible and responsive bidder whose bid meets the
requirements and criteria set forth in the invitation for bids. The purchasing agency may
reject any and all bids and readvertise for bids if none of the bids are satisfactory, or if the
purchasing agency believes an agreement has been entered into by the bidders to prevent
competition. If the low bidder is not responsible or the bid is not made in accordance with
the requirements of this chapter and chapters 5-18B, 5-18C, and 5-18D or the low bid is
withdrawn as authorized by this section, the bid of the next lowest responsible and
responsive bidder may be accepted;
(8) If it is considered impractical to initially prepare a purchase description to support an
award based on price, an invitation for bids may be issued requesting the submission of
unpriced offers to be followed by an invitation for bids limited to those bidders whose
offers have been qualified under the criteria set forth in the first solicitation;
(9) If, after advertising for bids, no firm bids are received, the purchasing agency may
negotiate a contract for the purchase of the supplies, services, or public improvement
projects at the most advantageous price, if the specifications of the original bid are met;
(10) If two or more competitive sealed bids submitted are identical in price and product
quality, the bids are the low bid, and no resident bidder preference is applicable, the
purchasing agency may:
(a) Award the bid by lottery to one of the identical low bidders; or
(b) Reject all the bids and resolicit bids for the required supplies, services, or public
improvement.
Section 2. That § 5-18A-35 be amended to read:
5-18A-35. In the procurement of supplies or services, a purchasing agency may require a bond
or an approved security to be submitted with any bid or proposal as a guarantee that the bidder will
enter into a contract with the purchasing agency. No offeror or bidder may be required to leave the
bond or security posted for a longer period than thirty days that allowed by section 1 of this Act if
the bid or proposal is not accepted. The bond or approved security of the successful offeror or bidder
shall be returned upon the signing of the contract.
Section 3. That § 5-18B-9 be amended to read:
5-18B-9. No bidder on a public improvement contract may be required, either in the invitation
for bids or otherwise, to leave a certified check or cashier's check, or bid bond, posted for a longer
period than thirty days that allowed by section 1 of this Act if the bid is not accepted. The check or
bid bond of the successful bidder shall be returned upon the execution of the contract and surety
hereafter provided for. The checks or bid bonds of all unsuccessful bidders shall be, by the
purchasing agency, immediately returned to the respective makers thereof and not more than thirty
forty-five days shall elapse between the opening of the bids and either the acceptance of the bid of
the lowest responsible bidder or the rejection of all of the bids presented.
Signed February 29, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\040.wpd
CHAPTER 40
(SB 118)
Purchases that may be exempt from bidding requirements.
ENTITLED, An Act to exempt certain purchases from certain bidding requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-18A-22 be amended to read:
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;
(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; or
(19) For political subdivisions, any purchase of equipment involving the expenditure of less
than fifty thousand dollars.
Signed March 10, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\041.wpd
CHAPTER 41
(SB 6)
Public improvement contracts, security requirements revised.
ENTITLED, An Act to revise certain performance security requirements for public improvement
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 5-21 be amended by adding a NEW SECTION to read:
The requirement of a performance security may be waived by a public corporation if the
procurement meets the requirements established pursuant to § 5-18A-9.
Section 2. That § 5-21-1.2 be repealed.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\041.wpd
LOCAL GOVERNMENT GENERALLY
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\042.wpd
CHAPTER 42
(SB 74)
Members of governing bodies displaced by a natural disaster
continue their term of office.
ENTITLED, An Act to authorize members of certain governing bodies who are displaced by a
natural disaster to continue their term of office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 6-1 be amended by adding a NEW SECTION to read:
Any member of a governing body of a county, municipality, school district, township, or special
purpose district, who is displaced from the district, county, municipality, township, ward, or precinct
from which the member was elected or appointed to serve by flood, tornado, fire, or other natural
disaster may continue to serve until the expiration of the member's term.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\042.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\043.wpd
CHAPTER 43
(HB 1034)
Local government election revisions.
ENTITLED, An Act to revise certain provisions concerning local government elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 6-16-4 be amended to read:
6-16-4. The county auditor shall publish the notice of the voter registration deadline at least once
each week for two consecutive weeks, the last publication to be not less than twenty-four nor more
than thirty days prior to the election. If the eligible voters are defined as landowners only for the
special district to be formed, the notice of the voter registration deadline does not need to be
published. The auditor shall publish notices each notice of election at least once each week for two
consecutive weeks, the last publication to be not less than four nor more than ten days before the
election in at least one legal newspaper of general circulation in the proposed district.
Section 2. That § 7-1-69 be amended to read:
7-1-69. Whenever If 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 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 general election, submit the
question to the legal registered voters of the county on a separate printed ballot if using a hand
counted paper ballot. The petition shall also authorize the county to appropriate and pay for all local
government and state government costs associated with changing the name of the county. If the
county uses an optical scan ballot, the question may be included on the general election ballot. The
following question shall be submitted to the voters:
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 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 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 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.
Section 3. That § 9-13-21 be amended to read:
9-13-21. The finance officer shall prepare and furnish, at the expense of the municipality, all
official ballots. The quantity of ballots provided shall be at least ten percent more than the number
of voters at the last comparable election. The ballots shall be white in color prescribed by the State
Board of Elections, of good quality of print paper, printed in black ink, and in the English language
only.
The ballots for municipal elections shall be available for absentee voting no later than fifteen
days prior to election day. If the ballots are for a secondary election, the ballots shall be available no
later than seven days prior to the secondary election day. Absentee voting shall be conducted
pursuant chapter 12-19.
The names of the candidates for each office to be voted for in the precinct shall be arranged
without any other designation than that of the office for which they are candidates. If more than one
member of the governing body is to be elected, the ballot shall contain instructions as to how many
candidates for the governing body are to be voted for. The finance officer shall determine, by lot,
each candidate's position on the ballot. Each candidate may be present or represented when the
position on the ballot is being determined.
No candidate's name may be printed upon the official ballot unless the candidate has been
nominated as provided in this chapter.
Section 4. That § 13-7-13 be amended to read:
13-7-13. The business manager of the school district shall provide proper ballots, pollbooks,
voting booths, and necessary supplies as required by law to the proper election officials on election
day. The ballots shall be similar in form to those authorized by law for municipal elections as
prescribed by the State Board of Elections. The quantity of ballots provided shall be at least ten
percent more than the number of voters at the last comparable election. No party affiliation may
appear on the ballot and the names of the candidates for the respective vacancies shall be printed on
the ballot. Each candidate's position on the ballot shall be chosen by lot by the business manager and
each candidate may be present or represented when the position on the ballot is being determined.
The ballots for school elections shall be available for absentee voting no later than fifteen days prior
to election day.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\043.wpd
COUNTIES
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\044.wpd
CHAPTER 44
(HB 1004)
County government statutory updates.
ENTITLED, An Act to make form and style revisions to certain statutes regarding counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-2-13 be amended to read:
7-2-13. Whenever If the area of any county in this state has been altered by the changing of the
boundaries and the county's commissioners do not run at large, it shall be the duty of the board of
county commissioners of such county, at the first regular meeting thereafter, to shall establish
commissioner districts in such the county and fix the. The board shall fix boundaries thereof of each
district in the manner provided by law for establishing commissioner districts and changing the
boundaries thereof of each district insofar as the same is applicable. Such The commissioner districts
so established and the boundaries so fixed shall remain as established and fixed until the same may
be changed as provided by law.
Section 2. That § 7-3-7 be amended to read:
7-3-7. Whenever If a new county is organized or created out of an organized county in this state
or in counties which have heretofore been divided and the liabilities and assets of the county as it
existed prior to the division thereof of the county have not been apportioned and divided by the
board of county commissioners of the original county and the newly organized portion thereof, it
shall be the duty of, the auditor-general of this state, either by himself or his duly authorized
assistant, forthwith to shall make an inventory of all of the assets and liabilities of such the original
county and such the new county or counties and estimate the value and amount of such the assets and
liabilities. After notice to the county commissioners of the counties affected, it shall be the duty of
the auditor-general or his assistant to shall apportion the liabilities and assets of such the counties
in the manner provided by law for the apportionment of bonded indebtedness.
Section 3. That § 7-3-18 be amended to read:
7-3-18. The board of county commissioners may in its discretion let contract the work of
transcribing such of records or any part thereof by contract to the lowest and best bidder, but in all
events the. The person transcribing the records of any particular office shall be required to attach his
the transcriber's certificate without extra cost to each and every instrument or matter transcribed by
him to the effect that such the transcript is a full, true, and complete copy of the original instrument
as it appears of record in the original county, showing book and page thereof; provided that on
matters. However, for any record transcribed from the office of the county treasurer or county auditor
it shall only be is only necessary to make one such certificate at the close of each book transcribed.
Section 4. That § 7-7-21 be amended to read:
7-7-21. The officer in whose office such deputies or clerks are a deputy or clerk is employed shall
have the sole power of appointing the same or removing them may appoint or remove a deputy or
clerk at pleasure, which. The appointment or removal shall be by a certificate in writing, and any
deputy or clerk so appointed shall before entering upon the duties of his office, take and subscribe
the oath or affirmation required by the Constitution, which. The oath or affirmation shall be endorsed
on the certificate of appointment and filed as otherwise provided by law. The deputy or clerk shall
furnish an official bond in such an amount and with such surety or sureties as his as the principal
may deem deems proper, which. The bond shall be attached to the certificate of appointment and
oath of office.
Section 5. That § 7-7-23 be amended to read:
7-7-23. Any officer who shall receive and appropriate to his receives or appropriates for the
officer's own use and benefit any part of the salary allowed any deputy or clerk employed under the
provisions of this title shall be is guilty of theft.
Section 6. That § 7-8-26.4 be amended to read:
7-8-26.4. If a county officer or employee can demonstrate to the county commission that he has
of a condition which will leave him the officer or employee uninsurable upon termination of
employment with the county and he elects not to participate in the group hospital, medical, or health
insurance plans authorized by §§ 7-8-26 and 7-8-26.1, the board of county commissioners may enter
into individual hospital, medical, or health contracts to provide for the protection and benefit of the
officer or employee and his the officer or employee's immediate family. The board may pay all or
part of the necessary premiums for the coverage of the officer or employee and his the officer or
employee's immediate family. However, the monthly premium for an individual contract shall may
not exceed the monthly premium for the group plan established in the county pursuant to §§ 7-8-26
and 7-8-26.1.
Section 7. That § 7-8A-4 be amended to read:
7-8A-4. The board of county commissioners may appoint as county manager any county officer
or employee deemed to be qualified to be the county manager by reason of his training, experience,
and administrative qualifications. If any county officer or employee is appointed county manager,
the officer or employee shall resign his the office or position and terminate his office responsibilities
before assuming the office of county manager.
Section 8. That § 7-9-5 be amended to read:
7-9-5. No register of deeds shall may accept for record or record any deed, mortgage, or other
conveyance of any platted plot of land until the plat thereof shall have has been accepted for record
in his the register of deed's office.
Section 9. That § 7-10-3 be amended to read:
7-10-3. The county auditor shall also at the close of each calendar month list all cash and cash
items in the hands of held by the county treasurer and at the same time verify the balances in the
several bank depositories. He The county auditor shall make a report of the same to the board of
county commissioners at each regular meeting, showing the bank balances, the total amount of actual
cash, the total amount of checks and drafts which have been in the treasurer's possession not
exceeding three days, and he shall make in detail. The county auditor shall also submit an itemized
report of all cash items, checks, and drafts which have been in the treasurer's possession over three
days, which. This report shall be made a part of the county commissioners' proceedings.
Section 10. That § 7-10-9 be amended to read:
7-10-9. An action may be brought against the county auditor and the sureties upon his the official
bond, in the name of the state and for its use, or for the use of any county or person injured by the
misconduct in office of the auditor, or by the omission of any duty required of him the auditor by
law.
Section 11. That § 7-11-1 be amended to read:
7-11-1. The county treasurer is the collector of taxes. He The treasurer shall keep his maintain
an office at the county seat. It is his duty to The treasurer shall receive all money belonging to the
county from whatever source derived and other money which by law is directed to be paid to him
the treasurer.
Section 12. That § 7-11-2 be amended to read:
7-11-2. Whenever If the county treasurer in furnishing the bond required of him by law shall is
required to furnish a bond executed by a surety company legally authorized to transact business in
this state, upon the approval of such the bond by the county commissioners, the county shall pay the
premium for such the bond.
Section 13. That § 7-11-4 be amended to read:
7-11-4. The county treasurer shall be charged with the amount of all tax lists in his hands for
collection and credited with the amounts collected thereon and collect and credit the taxes on behalf
of the county and maintain the delinquent taxpayer list.
Section 14. That § 7-11-4.1 be amended to read:
7-11-4.1. A No county treasurer may not be held personally liable for insufficient or no account
checks issued to him the treasurer for the licensure of snowmobiles, cars, trucks motor vehicles,
trailers, motorcycles, and or manufactured homes, if the county treasurer has exercised due diligence
and has taken the following steps:
(1) Required positive identification of the individual person presenting the check. Such
identification shall include, but not be limited to, a valid driver's license; and
(2) Within a thirty-day period of receiving notice that the check has been dishonored,
instituted a collection process on the check.
Section 15. That § 7-11-5 be amended to read:
7-11-5. It shall be the duty of the The county treasurer to shall account for and pay into the
treasury of the county all money, funds, and sums directly or indirectly received by him by virtue of
his office and also all sums received by him as interest or compensation for the use, deposit, or
forbearance of any county money or funds in his hands or under his control the treasurer and interest
received on deposits.
Section 16. That § 7-11-6 be amended to read:
7-11-6. All money received by the county treasurer for the use of the county shall may only be
disbursed by him only the treasurer on the warrant of the county auditor drawn according to law, and
all. All money shall be paid over by him the treasurer at the time and in the manner provided by law.
Section 17. That § 7-11-9 be amended to read:
7-11-9. Whenever If the treasurer receives any money, warrants, or orders on any account other
than taxes charged on the tax duplicate, he the treasurer shall make out duplicate receipts for the
same, one of which. One receipt shall be delivered to the person paying such the money, warrant,
or order and the other receipt shall within one week be filed by the treasurer with the auditor in order
that the treasurer may be charged with the amount thereof within one week.
Section 18. That § 7-11-17 be amended to read:
7-11-17. The books, accounts, and vouchers of the county treasurer and all money, warrants, or
orders remaining in the treasury shall at all times be subject to the inspection and examination of the
board of county commissioners; and at, including the regular meetings of the board in January and
July of each year and at such any other times as it may direct, he the board directs. The treasurer shall
settle with it his the board the accounts as kept by the treasurer.
He The treasurer shall exhibit for that purpose all
of his books, accounts, and money, and all
vouchers relating to the same to be audited
and allowed, which. The vouchers shall be retained by
the board as evidence of
his the treasurer's settlement and if found correct, the account shall be so
certified
; if not, he shall be. If it is found incorrect, the treasurer is liable on
his the bond.
Section 19. That § 7-11-18 be amended to read:
7-11-18. If any county treasurer shall fail fails to make return or settlement or to pay over all
money with which he the treasurer may stand charged at the time and in the manner prescribed by
law, it shall be the duty of the county auditor, on receiving instructions from the state auditor or from
the county commissioners, to cause suit to be instituted shall institute a suit against such either the
treasurer and his sureties or any of them or the surety, or both, in the circuit court of his the county.
Section 20. That § 7-11-19 be amended to read:
7-11-19. The making of profit and converting the same to his profit to private use or benefit,
directly or indirectly, by the county treasurer out of any money in the county treasury with the
custody of which he the treasurer is charged, by using, loaning, or depositing the same profit in any
manner, is theft. In addition the treasurer shall also be is liable upon his the official bond for the
profits realized by such the unlawful using of such use of the county funds.
Section 21. That § 7-12-1 be amended to read:
7-12-1. The sheriff shall keep and preserve the peace within his the county, for which purpose
he is empowered to. The sheriff may call to his aid such persons any person or power of his the
county as he may deem the sheriff deems necessary. He must The sheriff shall pursue and apprehend
all felons, and must shall execute all writs, warrants, and other process processes from any court or
magistrate for which shall be directed to him by the sheriff has the legal authority.
Section 22. That § 7-12-2 be amended to read:
7-12-2. The sheriff shall keep his the office at the county seat, serve or post all notices he may
receive received from the county auditor or the board of county commissioners, and perform such
other duties as are prescribed by the laws of this state law.
Section 23. That § 7-12-4 be amended to read:
7-12-4. It shall be the duty of the The sheriff to shall comply with all orders of the attorney
general or his agents and at all times, whether on duty under the call of the attorney general or his
agents or not, to see to it as far as may be possible that. The sheriff shall faithfully execute and
enforce all the laws of this state and especially all laws relating to alcoholic beverages are faithfully
executed and enforced.
Section 24. That § 7-12-5 be amended to read:
7-12-5. The sheriff shall furnish to the attorney general or his agents from time to time any
information regarding conditions in his the county that may be required, and it shall be his duty to
inform himself of. The sheriff shall pursue all violations of the criminal laws of this state, to notify
the state's attorney thereof, to of violations, collect preliminary information, file criminal complaints
or preliminary informations therefor, and to arrest and assist in the prosecution of persons charged
therewith.
Section 25. That § 7-12-6 be amended to read:
7-12-6. When If the sheriff is sued, the coroner shall serve the papers on him, and his the sheriff.
The return on all papers served by him shall have the coroner has the same credit as the sheriff's
return, and he. The coroner shall receive the same fees as the sheriff receives for like services.
When If the sheriff is disqualified or incapacitated, a deputy sheriff shall exercise the powers and
duties of the office of sheriff so far as such disqualification or incapacity of the sheriff
involved same
is required or needed.
Section 26. That § 7-12-11 be amended to read:
7-12-11. The sheriff shall be is responsible for the acts of each such deputy, jailer, and clerk in
the performance of the duties of his the sheriff's office, provided, however, that the. The sheriff may
summarily relieve any deputy, jailer, or clerk of any or all official responsibilities and duties,
summarily.
Section 27. That § 7-12-20 be amended to read:
7-12-20. If any sheriff or other officer serves any summons, subpoena, bench warrant, venire,
or other process in any action to which the state is a party, the officer shall be required to endorse
upon the writ or process or upon a paper attached thereto, at the time he makes his of the return of
service thereon, a statement of his the fees for the service, the number of miles traveled, and the
amount of his mileage; and in case he shall fail. If the sheriff fails to make his the return with the
statement and file the same return with the clerk of the court from which the process issued, before
judgment shall be is pronounced in the action to which the process relates, he shall the sheriff may
not receive no fees any fee for the service, and the. The county commissioners of the county where
the service is performed are also prohibited from allowing the same reimbursement. No fee may be
required of a county, its officers, or board of county commissioners in any action commenced by the
county.
Section 28. That § 7-16-16 be amended to read:
7-16-16. The state's attorney and his deputy the state's attorney's deputies and special agents are
entitled to receive from the county their the necessary traveling and hotel expenses, including
necessary telephone and telegraph bills, while traveling for the purpose of making investigations and
attending to the duties of their office either within or without the state. The county treasurer shall pay
the expenses upon the presentation of itemized vouchers approved by the state's attorney. When If
the state's attorney or his, the deputy, or special agent uses his own automobile or conveyance, he
used a personal motor vehicle, the person is entitled to receive not more than the state rate for each
mile necessarily traveled.
Section 29. That § 7-16-17 be amended to read:
7-16-17. If the state's attorney of one county shall be is requested to go to another county or from
one part to another part of his the county to transact any business as state's attorney, he the state's
attorney shall be paid by his the county the amount of his the necessary expenses in transacting such
the business in addition to the salary fixed by the county board.
Section 30. That § 7-16-19 be amended to read:
7-16-19. In counties any county of over fifty thousand population and any other county where
the board of county commissioners so designates, the state's attorney shall be a full-time position and
the state's attorney may not be counsel or attorney in any action, civil or criminal, in the courts of this
state except when acting on behalf of his the county or the State of South Dakota.
Section 31. That § 7-16-19.1 be amended to read:
7-16-19.1. The state's attorney of a county not employing a full-time state's attorney may
maintain the Office of State's Attorney at his the state's attorney's regular business address. The board
of county commissioners may provide him the state's attorney an allowance for fixed office overhead
expenses in lieu of furnishing office space at the courthouse.
Section 32. That § 7-16-20 be amended to read:
7-16-20. It shall be the The state's attorney's duty attorney, whenever he shall receive any money
for fines, forfeitures, recognizances, penalties, or costs, to is received, shall deliver to the officer or
person paying the same, duplicate receipts, one of which receipt shall be filed by such the officer or
person in the office of the county treasurer.
Section 33. That § 7-16-21 be amended to read:
7-16-21. The state's attorney shall pay over to the county treasurer all money he may receive as
such received as the state's attorney within ten days after he receives it and it is received. The state's
attorney shall file with the county auditor a complete list of the amount so paid showing all fees and
costs received in civil actions in which the county is the successful party, as well as all fines,
recognizances, forfeitures, penalties, or costs received by him, specifying in each instance the state's
attorney. The state's attorney shall specify the name of each person from whom he may have received
such money was received, the particular amount paid by each person, and the cause for which each
payment was made. A state's attorney who neglects to account for or pay over the money received
by him as required by this section is guilty of theft.
Section 34. That § 7-16-22 be amended to read:
7-16-22. It shall be the duty of the The county treasurer, in his the treasurer's official name and
capacity, to shall cause an action to be instituted upon the bond of such the state's attorney for the
recovery of the money so received and unpaid by him the state's attorney.
Section 35. That § 7-16A-9 be amended to read:
7-16A-9. A public defender and his assistants shall represent any indigent person who is:
(1) Detained by a law enforcement officer without charge or judicial process;
(2) Arrested or charged with having committed a crime or of being a juvenile delinquent;
(3) Detained under a conviction of a crime, juvenile delinquency, or mental illness; or
(4) Otherwise an indigent person entitled to representation by law, to the same extent as a
person having his
or her own counsel, and with the necessary services and facilities of
representation, including investigation and other preparation, authorized or approved by
a court.
Section 36. That § 7-16A-12 be amended to read:
7-16A-12. If at any stage of proceedings, including appeal or other post-judgment proceedings,
a public defender is unable to represent an indigent person, because of a conflict of interest or other
good cause, the court concerned may assign a substitute private attorney to represent him the indigent
person.
A substitute attorney has the same duty to the indigent person as the public defender for whom
he the attorney is substituted. The court shall prescribe reasonable compensation for the substitute
attorney and approve the expenses necessarily made by
him the attorney for the defense of the
indigent person in the manner
prescribed in pursuant to § 23A-40-8.
Section 37. That § 7-16A-18 be amended to read:
7-16A-18. A public defender shall keep appropriate records for each indigent person represented
by his the public defender's office. A public defender shall submit an annual report to his the
advisory committee showing the number of indigent persons represented by his the public defender's
office, the crimes involved, the outcome of each case, and the expenditures made in carrying out his
the public defender's responsibilities.
Section 38. That § 7-16B-13 be amended to read:
7-16B-13. There is established at the association of county commissioners a county legal expense
relief fund administered by the county legal expense relief board created pursuant to § 7-16B-22.
Expenditures from the fund shall be approved by the board.
Section 39. That § 7-16B-15 be amended to read:
7-16B-15. If thirty-five or more counties elect to participate in the county legal expense relief
fund prior to November 1, 1993, the The county legal expense relief board established in § 7-16B-22
shall establish administrative shall promulgate rules, pursuant to chapter 1-26, regarding the
procedure and requirements for allowing additional counties to participate in the fund, the procedure
and requirements for allowing participating counties to withdraw from the fund, and other policies
to facilitate the administration, distributions, and assessments associated with the fund.
Section 40. That § 7-16B-16 be amended to read:
7-16B-16. Any participating county may apply to the board for funds from the county legal
expense relief fund if that county has incurred expenses related to any one criminal prosecution
resulting in a court trial that are in excess of twenty-five thousand dollars.
The application shall include such information as the board may prescribe.
No claim may be paid
for any legal expenses related to a criminal prosecution resulting in a court trial which were incurred
before July 1, 1994.
Section 41. That § 7-18-2 be amended to read:
7-18-2. The board of county commissioners shall procure and keep a seal with such emblems and
devices as it may think proper, which the board deems proper. This shall be the seal of the county,
and no other seal shall be used by and the county auditor may not use any other seal.
Section 42. That § 7-18-3 be amended to read:
7-18-3. At its regular meeting in January of each year the board of county commissioners shall
designate three legal newspapers printed in the county as official newspapers. If there are not three
legal newspapers within the county, then as many newspapers that are legal newspapers. No more
than two newspapers within the same municipality may be designated as official newspapers by the
county, if there are other legal newspapers published elsewhere within the county.
The board shall publish a full and complete report of all its official proceedings at all regular and
special meetings and shall publish proceedings as soon after any meeting as practicable. The board
shall pay for publishing the proceedings at a rate not to exceed ninety percent of the legal line rates
for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in
chapter 17-2.
All notices required by law to be published by the county auditor shall also be published in the
official newspapers. If any notice includes a legal description of property outside the incorporated
limits of a municipality, the notice may include a physical description of the property from the
nearest incorporated municipality.
Section 43. That § 7-18-3.1 be amended to read:
7-18-3.1. The name of any person receiving or who is entitled to poor relief as provided in
chapter 28-13 shall may not be published as a part of the minutes of county commissioners meetings
as provided in § 7-18-3.
Section 44. That § 7-18-4 be amended to read:
7-18-4. The editor, publisher, or foreman of each Each official newspaper, shall file or cause to
be filed with the county auditor an affidavit of publication with the county auditor, executed in due
form, of all legal official publications so made; provided, however, that not more than two
newspapers within the same municipality shall be so designated, if there are other legal newspapers
published elsewhere within made by the county.
Section 45. That § 7-18-5 be amended to read:
7-18-5. It shall be the duty of the The county auditor to shall make a full and complete report of
the proceedings of each regular and special meeting of the board, and to transmit the same to the
publishers of and send a copy to the official newspapers. Such The report shall be made out and
transmitted sent within one week from the time such each meeting is held.
Section 46. That § 7-18-9 be amended to read:
7-18-9. The board of county commissioners is authorized to may condemn private property for
public purposes in the manner and to the extent hereinafter provided by law.
Whenever If the board of county commissioners shall deem deems it necessary to condemn
private property for the purpose of opening, constructing, changing, relocating, maintaining,
repairing, or extending any highway or bridge within its county, or for the purpose of erecting,
repairing, or extending any courthouse, jail, or other public building, and of acquiring other or
additional ground therefor, or for the purpose of providing cut slopes, borrow pits, or channel
changes, or to afford unobstructed vision on said the highways in said the county at any point of
danger to public travel, for right-of-way and borrow pit, or for the purpose of making any other
public improvement or to acquire private property for any public use authorized by law, such the
board shall by resolution and order declare such an appropriation necessary to be made, stating and
state the purpose thereof and the extent of such the appropriation, and thereupon proceedings for
such condemnation and appropriation shall be had as provided by law.
Nothing
herein shall in this section may be construed as authorizing county commissioners to
condemn property for county courthouse or jail site until a majority of the voters of a county
shall
have voted in favor of the erection of a courthouse or jail.
Section 47. That § 7-18-10 be amended to read:
7-18-10. Any county of this state may, through its board of commissioners, enter into agreements
with and receive grants from the United States Bureau of Outdoor Recreation or its successor federal
agencies.
Section 48. That § 7-18A-12 be amended to read:
7-18A-12. Each person who has circulated a petition shall, before filing the petition, sign an
affidavit, under oath, verifying that he or she circulated the petition and that either he the circulator
or the signer added the signer's place of residence and date of signing. If multiple sheets of paper are
necessary to obtain the required number of signatures, each sheet shall be self-contained and
separately verified by the circulator.
Section 49. That § 7-18A-13 be amended to read:
7-18A-13. When If a petition to initiate is filed with the auditor, he the auditor shall present it
to the board of county commissioners at its next regular or special meeting. The board shall enact
the proposed ordinance or resolution and shall submit it to a vote of the voters in the manner
prescribed for a referendum within sixty days after the final enactment. However, if the petition is
filed within three months prior to the primary or general election, the ordinance or resolution may
be submitted at the primary or general election.
Section 50. That § 7-18A-14 be amended to read:
7-18A-14. No initiated ordinance or resolution shall become operative is effective unless
approved by a majority of the votes cast for and against the same ordinance or resolution. If so
approved, it shall take the ordinance or resolution takes effect upon the completion of the canvass
of the election returns relating thereto.
Section 51. That § 7-18A-26 be repealed.
Section 52. That § 7-19-1 be amended to read:
7-19-1. The state's attorney is authorized to may commence and prosecute actions in the name
of and on behalf of the county, as hereinafter as provided in this chapter.
Whenever If in the opinion of the state's attorney the commencement and prosecution of any
action is necessary to protect the interests of the county in any matter or to recover any money due
the county from any person,
he the state's attorney may present to the judge of the circuit court of the
circuit in which the county is situated a summons and complaint in such matter and ask leave of the
judge to commence such action. If it
shall appear to such appears to the judge that the interests of
the county presumably require the prosecution of
such the action,
he shall make an endorsement to
that effect on the judge shall endorse the summons
and thereupon. Then the state's attorney
shall
have power to may commence and prosecute
such the action.
Section 53. That § 7-19-2 be amended to read:
7-19-2. Whenever If any real estate shall be is advertised to be sold at execution sale, held
pursuant to any judgment in an action to which any county shall be a party, the board of county
commissioners of such the county may instruct the county auditor to bid in such on the real estate
in the name of the county and. The commissioners shall fix the maximum price to be by him for the
auditor to bid for such the real estate. It shall be the duty of the The county auditor upon the receipt
of such the instructions to shall attend such the sale and, in case no more. The county auditor shall
be bid for such on the real estate than, but may not exceed the maximum amount fixed by such the
board, to. The county auditor shall purchase such the real estate at the lowest price at which the same
real estate can be procured. Any county is authorized to may hold in its own name and for its own
benefit all real estate acquired under the provisions of this section.
Section 54. That § 7-20-1 be amended to read:
7-20-1. The county treasurer shall deposit and at all times keep on deposit the money in his
possession as county treasurer in state or national banks within the county. In the event that such If
the deposits exceed the limit prescribed in § 7-20-10 or if there is but one bank located within the
county then such the deposits may be made in other banks or branch banks within an adjacent county
of this state having an approved and responsible financial standing. Any such A bank may apply for
the privilege of keeping such the county funds upon the conditions herein prescribed and shall state
in the application the amount of money desired. If bond or securities are segregated as provided in
§ 4-6A-3, it shall be the duty of the board of county commissioners to shall approve such the
application.
Section 55. That § 7-20-12 be amended to read:
7-20-12. Any county officer neglecting or refusing to comply with the provisions of §§ 7-20-1
to 7-20-11, inclusive, shall be is subject to removal from office. The No county treasurer shall not
be is liable on his the county treasurer's official bond for any loss of money deposited in compliance
with the provisions of said these sections.
Section 56. That § 7-20-14 be amended to read:
7-20-14. The limit of deposit which may be carried or deposited in any such bank by the county
treasurer, as provided in § 7-20-10, shall does not apply to banks any bank designated as active
depositories; provided however, that in no event shall the. However, no county treasurer may deposit
in such banks a bank more than the limit provided for by § 7-20-10 unless he shall first receive the
county treasurer receives express authority from the board of county commissioners evidenced by
a resolution of such board, duly entered, authorizing the deposit of a greater amount.
Section 57. That § 7-21-17 be amended to read:
7-21-17. Every Each contract made in violation of the provisions of § 7-21-16 shall be is null and
void in regard to any obligation thereby purported to be imposed on the county, but every such.
However, any officer who makes or participates in making or authorizes the making of any such
made or authorized the contract shall be is individually liable for its performance.
Every such Each officer present when
such the unlawful contract is made, or authorized to be
made
shall be is deemed to have participated in the making or authorization
thereof, as the case may
be of the contract, unless
he the officer dissents therefrom and enters, or causes to be entered, such
dissent on the records of
such the county.
Section 58. That § 7-22-1 be amended to read:
7-22-1. Before any account, claim, or demand against any county for any obligation, property,
or services for which such the county is liable may be allowed, the person having such who has the
account, claim, or demand, either by himself or agent, shall:
(1)
Reduce the same to writing, and shall Submit in writing and verify
the same to the effect
that such that the account is just and true,
that the money
therein charged was actually
paid for the purposes
therein stated;
that the property
therein charged for was actually
delivered or used for the purposes therein stated, and was of the value therein charged;
and that the services therein charged were actually rendered and of the value as charged,
or in case such. If the services were official, for which fees are prescribed by law, that the
fees and amounts charged therefore are such as for the services are allowed by law; and
that no part of such the account, claim, or demand has been paid; or
(2) Present an invoice or verification which shall be attached to a county voucher, the latter
being signed or verified by the county official who purchased the property or had the
services rendered to the effect that such the account is just and true; that the money
therein charged was actually paid for the purposes therein stated; that the property therein
charged for was actually delivered or used for the purposes therein stated, and was of the
value therein charged; and that the services therein charged for were actually rendered and
of the value as charged, or in case such. If the services were official, for which fees are
prescribed by law, that the fees and amounts charged therefore are such as for the services
are allowed by law; and that no part of such the account, claim, or demand has been paid.
The provisions of this section do not apply to any claim or demand for the per diem of jurors or
witnesses fixed by law.
Section 59. That § 7-22-8 be amended to read:
7-22-8. The treasurer of each organized county shall provide himself with and keep a warrant
register which register shall show in a column arranged for that purpose the number, date, and
amount of each warrant presented, the particular fund upon which the same warrant is drawn, the
date of presentation, the name and address of the person in whose name the same warrant is
registered, the date of payment when made, the amount of interest, and the total amount paid thereon,
with the date when notice to the person in whose name such the warrant is registered is mailed, as
hereinafter provided.
Section 60. That § 7-22-9 be amended to read:
7-22-9. Whenever If any warrant shall be is presented to the treasurer for payment and there shall
be no funds in the treasury have been appropriated for that purpose, the treasurer shall enter such the
warrant in his the warrant register for payment in the order of presentation; and, upon such warrant
so registered, he. The treasurer shall endorse on the warrant the registry number, date of registration,
and the words "Not paid for want of funds," and sign such the endorsement; provided however, that
nothing in this chapter shall be construed to require the holder of any warrant to register the same.
Section 61. That § 7-22-13 be amended to read:
7-22-13. Any warrant holder who shall fail fails to present his a warrant to the treasurer within
thirty days after the treasurer shall have mailed him written notice to present the same has mailed
written notice to the holder, addressed to such the holder's last known address, shall lose his loses
the right to payment in order provided in pursuant to § 7-22-12. No holder of a registered warrant
shall be is entitled to payment in the order provided in § 7-22-12 unless he shall first have the holder
has filed with the treasurer a description of the warrant or warrants held by him the holder, and his
the holder's name and post office address.
Section 62. That § 7-22-15 be amended to read:
7-22-15. All such registered warrants shall be paid in the order of their registration and it shall
be the duty of every such the treasurer, as soon as money sufficient for the payment of such the
warrants is received to the credit of the particular fund upon which the same warrants are drawn, to
shall immediately notify by mail the persons in whose names the same warrants are drawn or, if he
shall receive. If the treasurer receives written notice from some other person that he such person is
the holder of any such the warrant, then the treasurer shall notify such the other person and thereupon
interest upon such the warrants shall cease and the. The treasurer shall pay and cancel such the
warrants upon presentation thereof of the written notice.
Section 63. That § 7-22-16 be amended to read:
7-22-16. No county treasurer shall may either directly or indirectly contract for or purchase any
warrant issued by the county of which he is for which the treasurer at receives any discount whatever
upon the sum due on such the warrant; and if any county. If the treasurer shall so contract contracts
for or purchase any such warrant, he shall not be the treasurer is not allowed in settlement the
amount of such the warrant or any part thereof and of the warrant. The treasurer shall forfeit the
whole amount due on such the warrant to be recovered by civil action at the suit of the state for the
use of the county.
Section 64. That § 7-25-8 be amended to read:
7-25-8. One copy of the plans and specifications for any building or buildings to be erected shall
be and remain on file in the office of the county auditor at all times from the beginning of the
publication of the advertisement for bids until the completion of the building or buildings. Any
county auditor who shall allow or permit allows or permits the original of any building plans or
specifications filed in his the office, as in this section provided, to be taken away removed from his
the office after the same shall have been filed commits a petty offense.
Section 65. That § 7-25-12 be amended to read:
7-25-12. The board must further shall require a bond from the contractor in a sum equal to the
contract price, conditioned that the contractor will execute his executes the contract and complete
completes the building or buildings according to the plans and specifications and to the full
satisfaction of the board, and. The contractor shall account for all moneys paid to him the contractor
and pay all bills and claims on account of labor or materials furnished in and about the performance
of the contract including all demands of subcontractors, such. The bond to shall stand as security for
all such the bills, claims, and demands and to be a surety bond issued by some a surety company
authorized to do a surety bonding business in the state or a personal bond with sufficient sureties,
to be approved by the board of county commissioners.
Section 66. That § 7-25A-17 be amended to read:
7-25A-17. Each member of the board of supervisors shall receive for his services an amount not
to exceed one hundred dollars per month or an amount established by the electors at referendum. In
addition, each supervisor shall receive travel and per diem expenses as set by the board.
Section 67. That § 7-25A-21 be amended to read:
7-25A-21. The board shall designate a person as treasurer of the district, who shall have is in
charge of the funds of the district. The funds shall may only be disbursed only upon the order, or
pursuant to the resolution, of the board by warrant or check countersigned by the treasurer and by
such other person as may be authorized by the board. The board may give the treasurer other or
additional powers and duties as the board may deem deems appropriate and may fix his the
compensation for the treasurer. The board may require the treasurer to give a bond in such amount,
on such terms, and with such sureties as may be is deemed satisfactory to the board to secure the
performance by the treasurer of his the powers and duties.
Section 68. That § 7-27-19 be repealed.
Section 69. That § 7-28-1 be repealed.
Section 70. That § 7-30-5 be amended to read:
7-30-5.
Whenever If the highest offer for any tract of land payable in cash is satisfactory,
such
the bidder shall immediately pay to the county treasurer the amount specified as the annual rental
for the tract
, and take the treasurer's. The treasurer shall give the bidder a receipt
therefor, and shall
keep a copy
of which shall be retained by the treasurer in his on file in the office. The
bidder shall
exhibit such receipt to the county auditor
, who shall
thereupon prepare a lease
of such for the tract
in duplicate to be signed by the county auditor and the lessee
, one copy to be given to the lessee and
one copy to be retained by the. The county auditor
in his shall give the lessee a copy and shall keep
a copy on file in the office.
Section 71. That § 7-30-16 be amended to read:
7-30-16. Any lessee, who shall complete constructs a dam pursuant to the permit described in
§ 7-30-15 and cause has received a certificate, executed by the federal district range program
inspector that he has measured the dam and approved it and that the dam contains a certain number
of cubic yards of earth, to be filed in the office of the county auditor, shall thereafter be is entitled
to payment as provided in § 7-30-17, unless he sooner the lessee defaults in the terms of the lease,
abandons same the lease, or fails to bid at the next letting thereof of the lease. The inspector shall
state in the certificate the measurements of the dam, including the number of cubic yards of earth and
whether the dam was approved by the inspector.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\044.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\045.wpd
CHAPTER 45
(HB 1003)
County government administrative functions modified.
ENTITLED, An Act to revise certain administrative functions regarding county government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-7-2.1 be amended to read:
7-7-2.1. The chairman chair of the board of county commissioners at his discretion may close
the courthouse in case of emergency or severe weather and each such closing shall be for no more
than one business day. The public shall be adequately notified. An emergency for the purpose of this
section is an unforeseen occurrence or combination of circumstances which that calls for immediate
action or remedy.
Section 2. That § 7-8-24 be amended to read:
7-8-24. The board of county commissioners shall have power to may appropriate funds for the
purpose of defraying necessary expense of proper observance of Memorial Day each year.
Section 3. That § 7-8-19 be amended to read:
7-8-19. The board of county commissioners shall have the power to may preserve order when
sitting as a board and may punish contempts by fines not exceeding five dollars or by imprisonment
in the county jail not exceeding twenty-four hours. It. The board may enforce obedience to all its
orders by attachment or other compulsory process.
Section 4. That § 8-4-3 be amended to read:
8-4-3. Each person elected or appointed to any township office, shall, within ten days after
receiving notice of election or appointment and before entering upon the discharge of the officer's
duties, take and subscribe an oath or affirmation as required by § 3-1-5.
All such official oaths Each
oath shall be
immediately filed in the office of the county auditor
by the last day of March. No fee
may be charged or received by any officer for administering or filing the
official oath, or for filing
or recording any township officer's official bond.
Section 5. That § 8-10-2 be amended to read:
8-10-2. It shall be the duty of the The township clerk, within three days after the board of
supervisors has made the levy of taxes, to shall notify the county auditor by the last day of March
of the amount of the taxes levied, who by the board of supervisors. The county auditor shall enter
the same amount on the county tax list to be collected by the county treasurer as county taxes are
collected.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\045.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\046.wpd
CHAPTER 46
(HB 1002)
County general fund reporting requirements revised.
ENTITLED, An Act to eliminate certain reporting requirements for the county general fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 7-21-18.1 be amended to read:
7-21-18.1. The total unreserved, undesignated unassigned fund balance of the general fund may
not exceed forty percent of the total amount of all general fund appropriations contained in the
budget for the next fiscal year. The total unreserved, undesignated fund balance of the general fund
of the county as of March thirty-first and September thirtieth shall be published in the minutes of the
proceedings of the board of county commissioners and reported to the Department of Legislative
Audit. The report shall be on forms prescribed by the Department of Legislative Audit.
Signed February 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\046.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\047.wpd
CHAPTER 47
(HB 1005)
County officials fees revised.
ENTITLED, An Act to revise and repeal certain fees that are established to compensate counties for
services provided by county officials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-5-10 be repealed.
Section 2. That § 7-10-8 be repealed.
Section 3. That § 7-25-15 be repealed.
Section 4. That § 32-3-18 be amended to read:
32-3-18. Application for a certificate of title shall be made to the secretary county treasurer, upon
a form prescribed by the secretary. The application shall contain a listing of all owners along with
either a South Dakota driver license number or social security number, or, if a business, the federal
employer identification number; the address of the applicant; a full description of the vehicle with
vehicle identification numbers, if any; a statement of applicant's title and all liens and encumbrances
thereon on the vehicle; the county in which the vehicle is to be kept; and the names and addresses
of the holders of all liens, title reservations, and encumbrances thereon on the vehicle. The
application shall be accompanied by a fee of five ten dollars. Five dollars of the fee shall be
deposited in the state motor vehicle fund and five dollars shall be deposited in the county general
fund. If a certificate of title has previously been issued for the motor vehicle, trailer, or semitrailer
in this state, it shall be accompanied by the certificate of title duly assigned, unless provided for in
this chapter.
Section 5. That § 32-3-45 be amended to read:
32-3-45. The county treasurer shall charge a fee of five ten dollars for each notation of any lien
on a certificate of title. No fee may be charged for the cancellation of such lien. The lien fee shall
be accounted for in the same manner as other fees of their office. The fee shall be deposited in the
county general fund.
Section 6. That § 32-3A-15 be amended to read:
32-3A-15. The county treasurer may charge the boat owner an administrative fee not to exceed
one dollar three dollars for each boat license sold pursuant to this chapter. The fee shall be deposited
in the county general fund.
Section 7. That § 32-3A-25 be amended to read:
32-3A-25. The county treasurer shall charge a five ten dollar fee for issuance of a certificate of
title, a transfer of title, or a corrected certificate of title. Five dollars of the fee shall be deposited in
the state general fund and five dollars shall be deposited in the county general fund. If a certificate
of title is lost, stolen, mutilated, destroyed, or becomes illegible, the owner named in the certificate
shall obtain a duplicate by applying to the county register of deeds treasurer. The applicant shall
furnish information the Department of Revenue department requires concerning the original
certificate and the circumstances of its loss, mutilation, or destruction. Mutilated or illegible
certificates shall be returned to the department with the application for a duplicate. The duplicate
certificate of title shall be marked plainly, duplicate, across its face and mailed or delivered to the
applicant or as otherwise directed by the owner. If a lost or stolen original certificate of title for
which a duplicate has been issued is recovered, the original shall be surrendered promptly to the
department for cancellation.
A fee of ten dollars shall be paid to the department for each duplicate title issued.
Section 8. That § 32-3A-30 be amended to read:
32-3A-30. A security interest created in this state in a large boat, and as defined by §§ 32-3A-20
to 32-3A-32, inclusive, on and after March 1, 1992, is not perfected until the security interest is
noted on the certificate of title. On or after July 1, 1993, a security interest created in this state on
a large boat, as defined in § 42-8-2, exclusive of a motorboat is not perfected until the security
interest is noted on the certificate of title. On or after July 1, 1994, a security interest created in this
state on a large boat, as defined in § 42-8-2, is not perfected until the security interest is noted on the
manufacturer's statement of origin, on the manufacturer's certificate of origin, or on the certificate
of title. To perfect the security interest, a copy of the security agreement shall be presented along
with the manufacturer's statement of origin, the manufacturer's certificate of origin, or the original
title. The secretary of revenue, an agent of the secretary, the county treasurer, the register of deeds,
or the seller, buyer, owner, or holder of the manufacturer's statement of origin, the manufacturer's
certificate of origin, or the certificate of title shall note the security interest at any place on the
manufacturer's statement of origin, the manufacturer's certificate of origin, or the certificate of title.
If so noted, the lien is perfected against the creditors of the debtor, is valid against the creditors of
the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or
claimants, but otherwise is not valid against them. The fee for noting the lien is five ten dollars. The
fees shall be credited to deposited in the county general fund. The certificate of title shall be
presented to the county treasurer if a lien is to be noted on an existing certificate of title.
The owner shall present the certificate of title to the county treasurer when a release statement
is filed.
Section 9. That § 32-9-21 be amended to read:
32-9-21. Each motor carrier desiring to discontinue using a vehicle as a commercial motor
vehicle, may, on or before the termination of any year as provided in § 32-9-17, return the
commercial motor vehicle plates and certificates to the county treasurer of the county where the
vehicle was registered together with an application for the discontinuance. Upon satisfactory
evidence that the carrier will not further operate the vehicle as a commercial motor vehicle, the
county treasurer shall issue to the person, corporation, or limited liability company, so applying, a
warrant for the amount due for the remaining months of that year less a five ten dollar administrative
fee which shall be retained by the county. The commercial motor vehicle plates and certificates shall
be in the possession of the county treasurer on or before the fifth day of the month to receive credit
for that month.
Section 10. That § 7-12-23 be amended to read:
7-12-23. Whenever If any person accused of a public offense is taken before a judge in chambers
for the purpose of entering a plea of guilty, and shall receive receives a penitentiary sentence, the
sheriff shall be allowed the same fees and expenses as are provided for in reimbursed pursuant to
§§ 7-12-21 and 7-12-22, to be paid as therein provided.
In all such cases when If a penitentiary sentence is not imposed,
he shall be allowed his the
sheriff shall be reimbursed for the actual expenses
and four dollars per day for the time necessarily
employed in for conveying
such the person to and from the judge by the nearest traveled route
, to
be paid. This payment shall be made by the county
wherein where the alleged offense was
committed.
Section 11. That § 7-12-18 be amended to read:
7-12-18. The sheriff shall charge and remit the following:
(1) For serving an order of arrest with commitment or bail bond and return, twenty-five
dollars;
(2) For serving summons, complaint, warrant of attachment, affidavit, notice and undertaking
in claim and delivery, or injunction, order to show cause, citation, or other process, and
return of the instrument, twenty-five fifty dollars for all such process or instruments
served at the same time upon the same person regardless of the capacities in which such
person is served. However, for all such process or instruments served upon another such
person at approximately the same time at the same place, five ten dollars;
(3) For serving subpoena for witness, each person, ten twenty dollars;
(4) For traveling expenses in a motor vehicle, a minimum mileage allowance of at least three
cents over and above the rate set for state employees by the State Board of Finance but
not more than six eight cents above the rate set for state employees by the State Board of
Finance, as determined by the board of county commissioners, for each mile actually and
necessarily traveled by motor vehicle. For traveling expenses in a private plane, a mileage
allowance of ten cents above the rate set for state employees by the State Board of
Finance for each mile actually and necessarily traveled by private plane. However, actual
cost may be paid for travel by train, bus, plane, or other commercial vehicle;
(5) For serving writ of execution and return of the instrument, whether satisfied or
unsatisfied, thirty-five ninety-five dollars;
(6) For levying writ of possession, twenty-five fifty dollars. However, if the sale of the
property levied upon is not subsequently held, the actual costs or expenses associated with
levying writ of possession shall be paid;
(7) For advertisement of sale in newspaper, in addition to printing, twenty-five dollars;
(8) For posting notices of sale of real property, twenty-five dollars, and mileage;
(9) For executing writ or order of partition, twenty-five dollars;
(10) For making deed for land sold on execution or order of sale, fifty one hundred dollars
except no fee is charged when the deed only requires the sheriff's signature;
(11) In addition to the applicable fees and expenses, a commission of six percent on all money
received and disbursed by the sheriff on execution or order of sale, order of attachment,
decree or on sale of real property or personal property, for each dollar not exceeding four
hundred dollars, eleven cents; for each dollar above four hundred dollars, and not
exceeding one thousand dollars, seven cents; for each dollar above one thousand dollars,
and not exceeding fifteen thousand dollars, five cents; for each dollar above fifteen
thousand dollars, and not exceeding twenty-five thousand dollars, three cents. However,
in no case may the commission be less than twenty-five fifty dollars or more than three
thousand five hundred dollars. If the execution or order of sale is a foreclosure of a real
estate mortgage, the commission may not be more than one thousand five hundred dollars.
The commissions shall be included as a part of the cost of execution, order of sale, order
of attachment, decree, or on sale of real or personal property, which shall be paid by the
debtor out of the proceeds. However, in all cases each case of redemption prior to the sale,
the sheriff is entitled to the commission as stated above, to be paid by the redemptioner
as a cost of the redemption;
(12) For cases a case in the circuit court, if persons a person, in whose favor an execution or
order of sale is issued, bid in bids on the property sold on execution or decree, the sheriff
or officer making the sale shall receive the following compensation: If if the amount for
which the property is bid in on is one thousand dollars or less, the sum of twenty forty
dollars. If; and if the amount for which the property is bid in on is more than one thousand
dollars, the sum of fifty one hundred dollars;
(13) For making a sale of real property under a foreclosure of mortgage by advertisement, the
same fees as for the sale of real property under a judgment of foreclosure and sale of real
property; and
(14) If personal property is taken by the sheriff on execution or warrant of attachment and
applied in the satisfaction of the debt without sale, the same percentage on the appraised
value of the property as in the case of a sale and all additional reasonable and necessary
costs and expenses incurred in executing the duties of sheriff including expenses
associated with the removal of property from the premises.
No fee may be charged in any action under § 25-10-3, 25-10-6, 22-19A-8, or 22-19A-12.
The fees established pursuant to this section shall be used for law enforcement purposes.
Section 12. That § 14-6-1 be amended to read:
14-6-1. Upon order of the presiding judge of the circuit court made and filed in the office of the
clerk of courts of any county within the circuit of which such county is a part, the clerk of courts of
such county shall collect in each civil action, proceeding for judicial remedy, and probate
proceeding, as a county lawbook and county law library fee, a sum of two three dollars in actions
commenced pursuant to chapter 15-39 and a sum of five seven dollars in all other civil actions,
proceedings for judicial remedy, and probate proceedings. The clerk shall collect the fee in the
manner in which other fees are collected from the plaintiff or person instituting such the action or
proceeding, at the time of filing the first paper in such the action or proceeding. However, no
surcharge may be collected for any petition or motion to modify final orders for child support, child
custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy
commenced by the state, a county, a municipality, or a school district.
Section 13. That § 7-31-10 be amended to read:
7-31-10. In the event If the parties concerned cannot agree upon such the value of the
improvements to county-owned land, the board of county commissioners shall appoint a board of
appraisal, to view the improvements and determine their the value. The said board of appraisal shall
be composed of three disinterested persons who shall file with the board of county commissioners
an itemized report of such the appraisal, signed by at least two members of such the board of
appraisal. Members of the board of appraisal shall be paid at the state rate of three dollars per diem
and five cents per mile for the miles established pursuant to chapter 3-9 for per diem and mileage
necessarily traveled in making such the appraisal. The owner of the improvements shall deposit a
sum with the county treasurer, prior to such the appraisal sufficient to cover the cost of appraisal as
determined by the board of county commissioners. The board of appraisal to shall be paid from such
the deposit and any excess shall be refunded to such the owner of the improvements.
Section 14. That § 48-7A-105 be amended to read:
48-7A-105. (a) A statement may be filed in the Office of the Secretary of State. A certified copy
of a statement that is filed in an office in another state may be filed in the Office of the Secretary of
State. Either filing has the effect provided in this chapter with respect to partnership property located
in or transactions that occur in this state.
(b) A certified copy of a statement that has been filed in the Office of the Secretary of State and
recorded in the office of the register of deeds has the effect provided for recorded statements in this
chapter. A recorded statement that is not a certified copy of a statement filed in the Office of the
Secretary of State does not have the effect provided for recorded statements in this chapter.
(c) A statement filed by a partnership must be executed by at least two partners. Other statements
must be executed by a partner or other person authorized by this chapter. An individual who executes
a statement as, or on behalf of, a partner or other person named as a partner in a statement shall
personally declare under penalty of perjury that the contents of the statement are accurate.
(d) A person authorized by this chapter to file a statement may amend or cancel the statement
by filing an amendment or cancellation that names the partnership, identifies the statement, and
states the substance of the amendment or cancellation.
(e) A person who files a statement pursuant to this section shall promptly send a copy of the
statement to every nonfiling partner and to any other person named as a partner in the statement.
Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of
the statement as to a person not a partner.
The secretary of state may collect a fee for filing or providing a certified copy of a statement. The
register of deeds may collect a fee
, not to exceed ten dollars, in accordance with subdivisions 7-9-15(1) and (2) for recording a statement
filed pursuant to this section.
Section 15. That § 32-11-29 be amended to read:
32-11-29. The following fees:
(1) Fees collected under §§ 32-3-57, 32-5-99, 32-5-111, and 32-7A-14.1;
(2) The two percent of motor vehicle license collections referred to in § 32-11-4.1; and
(3) The title fees collected under
§§ 32-3-18 and § 32-3-27;
shall be credited to the state motor vehicle fund. All revenues not appropriated from the special
revenue fund established by § 32-5-10.2 shall remain in the fund for the next fiscal year and be used
solely for purposes of motorcycle safety courses and motorcycle safety education.
Signed March 25, 2016
_______________
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MUNICIPAL GOVERNMENT
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\048.wpd
CHAPTER 48
(HB 1119)
Criteria for incorporation of a new municipality.
ENTITLED, An Act to revise the criteria for incorporation of a new municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-3-1 be amended to read:
9-3-1. No municipality shall be incorporated which contains less than one hundred legal residents
or less than thirty voters. A municipality may not be incorporated unless it contains as least one
hundred legal residents and at least forty-five registered voters. For the purposes of this section, a
person is a legal resident in the proposed municipality if the person actually lives in the proposed
municipality for at least ninety days of the three hundred sixty-five days immediately preceding the
filing of the petition or is an active duty member of the armed forces whose home of record is within
the proposed municipality.
Section 2. That § 9-3-1.1 be amended to read:
9-3-1.1. No A municipality may not be incorporated if any part of such proposed municipality
lies within three miles of any point on the perimeter of the corporate limits of any incorporated
municipality, unless the incorporated municipality refuses or fails to annex a territory which is
contiguous to said incorporated municipality, and said contiguous territory has properly petitioned
said municipality to be annexed thereto, as provided by § 9-4-1. However, a proposed municipality
may be incorporated that is within three miles of an incorporated municipality if the territory to be
incorporated is in a different county and has a post office prior to incorporation.
Section 3. That § 9-3-2 be amended to read:
9-3-2. Persons making application for the organization of a proposed municipality shall first
cause an accurate survey and map to be made of the territory intended to be embraced within the
limits of such the proposed municipality showing the boundaries and area thereof and the accuracy
of which shall be verified by the affidavit of the surveyor.
Section 4. That § 9-3-3 be amended to read:
9-3-3. Any person making application for the organization of a proposed municipality shall cause
an accurate census to be taken of the landowners and the legal resident population of the proposed
municipality not more than thirty days previous to the time of presenting the application to the board
of county commissioners. The census shall exhibit the name of each landowner and person legal
resident residing in the proposed municipality and the number of persons belonging to each family
as of a certain date. The census shall be verified by the affidavit of the person taking the census.
Section 5. That § 9-3-4 be amended to read:
9-3-4. Such survey, map, and census when completed and verified shall be left at some
convenient place within such territory the proposed municipality for a period of not less than thirty
days for examination by those having an interest in such application.
Section 6. That § 9-3-5 be amended to read:
9-3-5. The application for incorporation of a proposed municipality shall be by a petition verified
by the circulator and signed by not less than twenty-five percent of the qualified voters who are either
registered voters in the proposed municipality or landowners in the proposed municipality who are
also registered voters of this state. The application shall identify the type of government to be
formed, the number of trustees, commissioners, or wards in the proposed municipality, the
boundaries and area according to the survey, and the legal resident population according to the
census taken. The application shall be presented at the time indicated in the notice of the application
or as soon thereafter as the board of county commissioners can receive and consider the application.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\048.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\049.wpd
CHAPTER 49
(SB 65)
Municipal recall election procedure revised.
ENTITLED, An Act to revise the procedure for a municipal recall petition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-13-30 be amended to read:
9-13-30. A petition signed by fifteen percent of the registered voters of the municipality, based
upon the total number of registered voters at the last preceding general election, demanding the
election of a successor to the mayor, commissioner, alderman, or trustee sought to be removed shall
be filed with the
auditor finance officer and presented by the
auditor finance officer to the governing
body. The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in
office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. The
petition shall contain a specific statement of the grounds on which removal is sought. The form for
the municipal recall petition shall be prescribed by the state Board of Elections pursuant to chapter
1-26. No signature on a petition is valid if signed more than sixty days
prior to before the filing of
the petitions.
When a petition to recall is filed with the finance officer, the finance officer shall
present the petition to the governing body at its next meeting. Only the petition signatures may be
challenged in the manner established in §§ 12-1-13 to 12-1-16, inclusive. A failure to challenge
petition signatures pursuant to §§ 12-1-13 to 12-1-16, inclusive, does not prohibit an interested
person from challenging the filing of the recall petition or the sufficiency of the specific statement
of the grounds of the recall petition.
A challenge to the recall petition regarding the specific statement of the grounds of the recall
petition must be filed in circuit court within five business days of the filing of the recall petition. The
circuit court shall conduct an expedited declaratory judgment hearing with no right to trial by jury.
Section 2. That § 9-13-31 be amended to read:
9-13-31.The governing body shall, upon the presentation of a petition pursuant to § 9-13-30,
within ten days of presentation, order and fix a date for holding a special election, to be on a Tuesday
not less than thirty nor more than fifty days from the date of the order of the governing body. If a
petition is filed on or after January first prior to December thirty-first before the annual municipal
election and within sufficient time to comply with the provisions of § 9-13-14, the question of a
successor shall be submitted at that annual election.
The governing body shall have a notice of election published in the same manner as provided in
§ 9-13-13.
Certified March 29, 2015
CODE COUNSEL NOTE: This bill was certified in accordance with section 4 of Article
4 of the Constitution of the State of South Dakota.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\049.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\050.wpd
CHAPTER 50
(HB 1103)
The qualification process for municipal office, revised.
ENTITLED, An Act to revise certain provisions regarding the qualification process for municipal
office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-14-5 be amended to read:
9-14-5. Each appointive municipal officer shall begin discharging the duties of the office as soon
as the officer has qualified and by filing an oath or affirmation of office in the usual form provided
by law. The officer shall file the form within ten days after the first meeting of the month following
the appointment. The officer shall hold office until the appointment and qualification of a successor.
Each elective municipal officer, if elected to fill a vacancy, shall begin discharging the duties of
the office as soon as the officer has qualified
by filing an oath or affirmation of office in the usual
form provided by law. The officer shall file the form within ten days after the first meeting of the
month following the election. Except as otherwise provided, each officer, if elected for a full term,
shall begin discharging the duties of the office on the first meeting of the month next succeeding the
election or as soon thereafter as the officer has qualified.
Section 2. That § 9-14-7 be amended to read:
9-14-7. In third class municipalities the clerk, director of equalization, treasurer, and marshal,
within ten days after notice of their within ten days after the first meeting of the month following the
election or appointment, shall take and subscribe an oath or affirmation of office in the form required
by the Constitution and furnish an undertaking to be approved by the Board of Trustees in such sum
as it shall direct.
Section 3. That § 9-14-10 be amended to read:
9-14-10. The removal of any municipal officer from the ward or municipality for which he the
officer was elected or appointed, or his the officer's failure, for ten days after notice of his within ten
days after the first meeting of the month following the election or appointment, to qualify and enter
upon begin the duties of his office, shall cause causes a vacancy therein in the office.
Signed February 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\050.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\051.wpd
CHAPTER 51
(HB 1218)
Notice procedures for any revision of municipal ordinances.
ENTITLED, An Act to require certain notice procedures for any revision of municipal ordinances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 9-19 be amended by adding a NEW SECTION to read:
If any amendment presented and approved by the governing body at the second reading of an
ordinance substantially alters the substance of the ordinance from the first reading, the proposed
ordinance as amended may not be considered for final adoption until at least five days after a duly
noticed public meeting of the governing body pursuant to chapter 1-25.
Signed March 25, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\052.wpd
CHAPTER 52
(HB 1108)
Municipal government special assessment revisions.
ENTITLED, An Act to revise certain municipal special assessment provisions and to provide for
exclusion of territory from municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-43-86 be amended to read:
9-43-86. Twenty days after publication of the adopted resolution of necessity, unless the
referendum is invoked or unless a written protest is filed with the finance officer signed by the
owners of more than fifty-five percent of the frontage of the property to be assessed, the governing
body may cause the local improvement to be made, may contract for the improvement, and may levy
and collect special assessments as provided in this chapter. Upon a two-thirds vote of the governing
body, a protest petition may be denied and the governing body may cause the local improvement to
be made.
Section 2. That § 9-43-87 be amended to read:
9-43-87. At any time after the execution of any contract is signed, for any local improvement for
which special assessments are to be levied, the governing body may cause to be made make and
filed file in the office of the finance officer an assessment roll showing:
(1) The name of the owner of each lot to be assessed as shown by the assessment roll of the
county director of equalization;
(2) The legal description of each parcel of land to be assessed. The division by deeds of
platted lots shall be recognized. The legal description of lands included in the assessment
roll shall be taken as of the date of the adoption of the resolution of necessity; and
(3) The amount assessed against each lot.
Section 3. That § 9-48-15 be amended to read:
9-48-15. If either a main, sewer or trunk, sewer or service sewer has been constructed for which
and the cost has not been apportioned against property that may be benefited thereby benefit as
provided by this chapter or chapter 9-43, the governing body may require the owner of the property
to pay its the owner's proportionate share of the cost of the construction, without interest, according
to the benefits to accrue to the property before the property may be platted, replatted, or served by
the facilities, as determined by the governing body. The governing body shall investigate and
determine the amount to be paid. The amount shall be apportioned by the governing body as it
determines among the persons, including the municipality, paying the appropriate cost.
Section 4. That § 9-4-6 be amended to read:
9-4-6. On Upon a two-thirds vote of the governing body, or on petition in writing signed by not
less than three-fourths of the legal voters and by the owners of not less than three-fourths in value
of the property in any territory within any municipality being upon the border thereof and not being
laid out into lots and blocks, the governing body may by resolution exclude such the territory
therefrom; provided, however, that from the municipality. However, if all the land sought to be
excluded is more than one-half mile from any platted portion of the municipality, the petition in such
case need must be signed by the owner only.
Section 5. That chapter 9-47 be amended by adding a NEW SECTION to read:
If a main, trunk, or service water line has been constructed and the cost has not been apportioned
against property that may benefit as provided in this chapter or chapter 9-43, the governing body may
require the owner of the property to pay the owner's proportionate share of the cost of construction,
without interest, according to the benefits to accrue to the property, before the property may be
platted, replatted, or served by the facilities, as determined by the governing body. The governing
body shall investigate and determine the amount to be paid. The amount shall be apportioned by the
governing body among the persons, including the municipality, paying the appropriate cost.
Signed February 29, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\053.wpd
CHAPTER 53
(HB 1089)
Municipal funds accumulation, regulated.
ENTITLED, An Act to revise provisions for accumulation of funds for certain municipal enterprises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-47-1 be amended to read:
9-47-1. Every municipality may construct, establish, operate, and maintain a system of
waterworks and facilities in connection therewith; may regulate the distribution and use of water
supplied thereby; may acquire a suitable supply of water, whether within or without the municipality;
may maintain dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store
surface, flood, or other waters within or without the municipality either as a direct source of water
to the municipality or as a supply of water from which any other source of the water supply of the
municipality may be replenished or restored; may advantageously dispose of, to districts,
subdivisions, and areas, outside the limits of the municipality to which supply lines may extend, any
municipal supply of water, including stored water, not required or used for municipal purposes and
any surplus water may be disposed of to any outside district where the water is delivered into a
natural watercourse for irrigation purposes; may assess, levy, and collect taxes and special
assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for
such purposes, as provided by this title. The accumulated funds shall be placed in a separate fund
which may not revert at the end of the fiscal year. The amount of the fund may never exceed an
amount equivalent to ten dollars per thousand dollars of taxable valuation of all property within the
municipality. The governing body shall establish a maximum amount allowed to be accumulated in
the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19. Every
municipality may enter into agreements with the United States, with the State of South Dakota state,
and with any authorized agency, subdivision, or unit of government, federal or state, to carry out
such purposes.
Section 2. That § 9-21-14.1 be amended to read:
9-21-14.1. The governing body of a municipality may by resolution authorize the accumulation
of funds for a period longer than one year for specific capital outlay purposes otherwise authorized
by law. For the purpose of this section, "capital outlay purposes" means purposes which result in the
acquisition of or additions to plant, or equipment, including but not limited to expenditures for land,
existing facilities, improvement of grounds, construction of facilities, additions to facilities,
remodeling of facilities, or for the purchase of equipment.
The maximum capital outlay accumulations shall be as follows:
(1) In first-class municipalities, the amount of the accumulation for all purposes may never
exceed an amount equivalent to four dollars per thousand dollars of assessed value of all
property within the municipality;
(2) In second-class municipalities, the amount of the accumulation for all purposes may never
exceed an amount equivalent to ten dollars per thousand dollars of assessed value of all
property within the municipality or one hundred twenty-five thousand dollars, whichever
is greater;
(3) In third-class municipalities, the amount of the accumulation may never exceed one
hundred twenty-five thousand dollars.
The governing body shall establish a maximum
amount allowed to be accumulated in the fund.
Section 3. That § 9-48-2 be amended to read:
9-48-2. Each municipality may:
(1) Establish, construct, and maintain main, trunk, sanitary, storm, and service sewers, and
septic or sewage treatment plants, drains, and manholes either within its corporate limits
or within ten miles of its corporate limits;
(2) Appropriate funds and levy taxes to accumulate funds for the purposes identified in this
section;
(3) Establish sewer districts as provided by this title;
(4) Acquire any sewer, drain, or system of sewerage and drainage already established and
constructed; and
(5) Acquire land within or without the municipality for a septic or sewage treatment plant or
outlet to any main sewer and may assess the cost of the land and the cost of any necessary
extension or connection of the main sewer to all the property within the sewer district
benefited as provided by this title.
The proceeds of any taxes levied for the accumulation of funds under this section shall be placed
in a separate fund which may not revert at the end of the fiscal year.
The amount of the fund may
never exceed an amount equivalent to ten dollars per thousand dollars of taxable valuation of all
property within the municipality. The governing body shall establish a maximum amount allowed
to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to
chapter 9-19.
Signed February 23, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\053.wpd
TAXATION
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\054.wpd
CHAPTER 54
(HB 1049)
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 chapter 10-1 be amended by adding a NEW SECTION to read:
The term, United States Internal Revenue Code, or Internal Revenue Code, means the United
States Internal Revenue Code as amended and in effect on January 1, 2016. This section applies to
§§ 10-4-9.1, 10-4-9.2, 10-4-9.3, 10-4-9.4, 10-4-39, 10-43-10.1, and 35-4-11.9, and subdivisions 10-6A-1(7), 10-6B-1(5), 10-18A-1(6), 10-43-10.3(7), and 10-45A-1(5).
Section 2. That § 10-4-9.1 be amended to read:
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, 2015
defined by section 1 of this Act; and it may not have any of its assets available to any private interest.
Section 3. That § 10-4-9.2 be amended to read:
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, 2015 defined by section 1 of this Act. 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, 2015 defined
by section 1 of this Act.
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 4. That § 10-4-9.3 be amended to read:
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, 2015
defined by section 1 of this Act, 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 5. That § 10-4-9.4 be amended to read:
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, 2015 defined by
section 1 of this Act, 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 care 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 6. That § 10-4-39 be amended to read:
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 United States Internal Revenue Code as amended and in effect on January 1, 2015, as defined
by section 1 of this Act, 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 7. That subdivision (7) of § 10-6A-1 be amended to read:
(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, 2015 defined by section 1 of this
Act, 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 8. That subdivision (5) of § 10-6B-1 be amended to read:
(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, 2015 defined by section 1 of this
Act, 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 9. That subdivision (6) of § 10-18A-1 be amended to read:
(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, 2015 defined by section 1 of this
Act, 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 10. That § 10-43-10.1 be amended to read:
10-43-10.1. Net income, in the case of a financial institution, is taxable income as defined in the
United States Internal Revenue Code, as amended and in effect on January 1, 2015 defined by
section 1 of this Act, 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,
2015 of the United States Internal Revenue Code, as defined by section 1 of this Act, 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 11. That subdivision (7) of § 10-43-10.3 be amended to read:
(7) For those financial institutions making an election pursuant to 26 USC § 1362(a), as
amended, and in effect on January 1, 2015 of the United States Internal Revenue Code,
as defined by section 1 of this Act, 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 subdivision (5) of § 10-45A-1 be amended to read:
(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, 2015 defined by section 1 of this
Act, 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 13. That § 35-4-11.9 be amended to read:
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, as amended and in effect on January 1, 2015 defined by
section 1 of this Act, 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, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\054.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\055.wpd
CHAPTER 55
(HB 1071)
Meeting set between county commissioners
and the director of equalization.
ENTITLED, An Act to revise certain provisions regarding the annual conference between county
commissioners and the director of equalization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-3-14 be amended to read:
10-3-14. The director of equalization shall meet the county commissioners at the office of the
county commissioners on the first Tuesday meeting of April for conference in reference to the
performance of the director's duties.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\055.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\056.wpd
CHAPTER 56
(HB 1150)
Property tax exemption increased
for local industrial development corporations.
ENTITLED, An Act to revise certain provisions concerning the property tax exemption provided to
local industrial development corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-4-8.1 be amended to read:
10-4-8.1. One hundred Seven hundred fifty thousand dollars of the full and true value of the total
amount of real property or portion thereof owned by a local industrial development corporation
defined pursuant to § 5-14-23 is exempt from property taxation. The full and true value of the real
property that is in excess of one hundred seven hundred fifty thousand dollars shall be taxed as other
property of the same class is taxed. If any municipality has more than one local industrial
development corporation owning real property within its incorporated boundaries, the total value of
exempt property provided by this section shall be equally divided between each local industrial
development corporation. No real property located in a tax incremental district, created pursuant to
chapter 11-9, may receive a property tax exemption pursuant to this section.
Signed February 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\056.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\057.wpd
CHAPTER 57
(SB 3)
Agricultural land assessment, criteria revised.
ENTITLED, An Act to revise the income criteria for determining if property is classified as
agricultural land for property tax purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-6-31.3 be amended to read:
10-6-31.3. For tax purposes, land is agricultural land if it meets two of the following three
criteria:
(1)
At least thirty-three and one-third percent of the total family gross income of the owner
is derived In three of the previous five years, a gross income is derived from the pursuit
of agriculture as defined in subdivision (2) of this section
or it is a state-owned public
shooting area or a state-owned game production area as identified in § 41-4-8 and it is
owned and managed by the Department of Game, Fish and Parks that is at least ten
percent of the taxable valuation of the bare land assessed as agricultural property,
excluding any improvements. Furthermore, at least two thousand five hundred dollars of
gross income is annually derived from the pursuit of agriculture from the land. If there is
a crop share arrangement, the gross income from the land of both the landlord and tenant
shall be combined and used to meet this criteria;
(2) Its principal use is devoted to the raising and harvesting of crops or timber or fruit trees,
the rearing, feeding, and management of farm livestock, poultry, fish, or nursery stock,
the production of bees and apiary products, or horticulture, all for intended profit pursuant
to subdivision (1) of this section. Agricultural real estate also includes woodland,
wasteland, and pasture land, but only if the land is held and operated in conjunction with
agricultural real estate as defined and it is under the same ownership; or
(3) It consists of not less than twenty acres of unplatted land or is a part of a contiguous
ownership management unit of not less than eighty acres of unplatted land. The same
acreage specifications apply to platted land, excluding land platted as a subdivision, which
is in an unincorporated area. However, the board of county commissioners may increase
the minimum acre requirement up to one hundred sixty acres.
For the purposes of this section, the term, management unit, means any parcels of land, whether
adjoining or not, under common ownership located within this state and managed and operated as
a unit for one or more of the principal uses listed in this section. No parcel of land less than twenty
acres within a management unit may be more than twenty air miles from the nearest other parcel
within the management unit. If requested by the director of equalization, the owner shall provide
supporting documentation of the land contained in the management unit.
Section 2. That chapter 10-6 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 10-6-31.3, any state-owned public shooting area or a
state-owned game production area as identified pursuant to § 41-4-8 that is owned and managed by
the Department of Game, Fish and Parks shall be assessed and taxed as agricultural land.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\057.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\058.wpd
CHAPTER 58
(SB 59)
Application of the special annual road funding levy.
ENTITLED, An Act to revise certain provisions regarding the application of the special annual road
funding levy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-12-13 be amended to read:
10-12-13. The board of county commissioners may levy an annual tax as a reserve fund to be
accumulated and used for the purpose of 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 Money in the fund may be expended 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 § 10-12-13.1.
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.
The total amount of revenue payable from any increased tax levy imposed pursuant to this
section may increase no more than the lesser of three percent or the index factor, as defined in
§ 10-13-38, over the amount of revenue payable in the preceding year. After applying the index
factor, a county may increase the revenue payable from taxes on real property above the limitations
provided by this section by the percentage increase of value resulting from any improvements or
change in use of real property and any adjustments in taxation of property separately classified and
subject to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except
§ 10-6-31.4, only if assessed the same as property of equal value.
Section 2. That § 10-12-13.1 be amended to read:
10-12-13.1. 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.
The governing body of the county may continue to impose the increased tax levy authorized by
this section in subsequent years in accordance with the limitation on the amount of revenue payable
from property taxes provided under § 10-12-13.
The governing body of the county may increase the amount of revenue payable from property
taxes in excess of the limitation provided under § 10-12-13 if the increased tax levy is authorized
by the governing body of the county in accordance with the requirements of this section.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\058.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\059.wpd
CHAPTER 59
(HB 1044)
State aid to education formula revised.
ENTITLED, An Act to revise the state aid to general education formula.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-12-42 be amended to read:
10-12-42. For taxes payable in
2016 2017 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 eight dollars and seventy-two and seven tenths cents
seven dollars and sixty-three 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 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 three dollars and seven and five tenths cents
and sixty-eight and seven-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 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\059.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\060.wpd
CHAPTER 60
(HB 1081)
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, to revise the income eligibility requirements for property and sales tax refunds,
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,
2017, shall revert in accordance with the procedures prescribed in chapter 4-8.
Section 4. That § 10-18A-5 be amended to read:
10-18A-5. The amount of refund of real property taxes due or paid for a single-member
household made pursuant to this chapter shall be according to the following schedule:
|
|
The refund of real
|
If household income is
|
|
property taxes due
|
more than:
|
but less than
|
or paid shall be
|
$ 0
|
$5,420 5,630
|
35%
|
5,421 5,631
|
5,680 5,890
|
34%
|
5,681 5,891
|
5,940 6,150
|
33%
|
5,941 6,151
|
6,200 6,410
|
32%
|
6,201 6,411
|
6,460 6,670
|
31%
|
6,461 6,671
|
6,720 6,930
|
30%
|
6,721 6,931
|
6,980 7,190
|
29%
|
6,981 7,191
|
7,240 7,450
|
28%
|
7,241 7,451
|
7,500 7,710
|
27%
|
7,501 7,711
|
7,760 7,970
|
26%
|
7,761 7,971
|
8,020 8,230
|
25%
|
8,021 8,231
|
8,280 8,490
|
24%
|
8,281 8,491
|
8,540 8,750
|
23%
|
8,541 8,751
|
8,800 9,010
|
22%
|
8,801 9,011
|
9,060 9,270
|
21%
|
9,061 9,271
|
9,320 9,530
|
20%
|
9,321 9,531
|
9,580 9,790
|
19%
|
9,581 9,791
|
9,840 10,050
|
18%
|
9,841 10,051
|
10,100 10,310
|
17%
|
10,101 10,311
|
10,360 10,570
|
16%
|
10,361 10,571
|
10,620 10,830
|
15%
|
10,621 10,831
|
10,880 11,090
|
14%
|
10,881 11,091
|
11,140 11,350
|
13%
|
11,141 11,351
|
11,400 11,610
|
12%
|
11,401 11,611
|
11,670 11,880
|
11%
|
over 11,670 11,880
|
|
No refund
|
Section 5. That § 10-18A-6 be amended to read:
10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member
household made pursuant to this chapter shall be according to the following schedule:
|
|
The refund of real
|
If household income is
|
|
property taxes due
|
more than:
|
but not more than
|
or paid shall be
|
$ 0
|
$9,230 9,520
|
55%
|
9,231 9,521
|
9,591 9,881
|
53%
|
9,592 9,882
|
9,952 10,242
|
51%
|
9,953 10,243
|
10,313 10,603
|
49%
|
10,314 10,604
|
10,674 10,964
|
47%
|
10,675 10,965
|
11,035 11,325
|
45%
|
11,036 11,326
|
11,396 11,686
|
43%
|
11,397 11,687
|
11,757 12,047
|
41%
|
11,758 12,048
|
12,118 12,408
|
39%
|
12,119 12,409
|
12,479 12,769
|
37%
|
12,480 12,770
|
12,840 13,130
|
35%
|
12,841 13,131
|
13,201 13,491
|
33%
|
13,202 13,492
|
13,562 13,852
|
31%
|
13,563 13,853
|
13,923 14,213
|
29%
|
13,924 14,214
|
14,284 14,574
|
27%
|
14,285 14,575
|
14,645 14,935
|
25%
|
14,646 14,936
|
15,006 15,296
|
23%
|
15,007 15,297
|
15,367 15,657
|
21%
|
15,368 15,658
|
15,730 16,020
|
19%
|
over 15,730 16,020
|
|
No refund
|
Section 6. That § 10-45A-5 be amended to read:
10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting solely of one person shall be determined as follows:
(1) If the claimant's income is five thousand four hundred twenty five thousand six hundred
thirty dollars or less, a sum of two hundred fifty-eight dollars;
(2) If the claimant's income is five thousand four hundred twenty-one five thousand six
hundred thirty dollars and not more than eleven thousand six hundred seventy eleven
thousand eight hundred eighty dollars, a sum of forty-six dollars plus three and four-tenths
percent of the difference between eleven thousand six hundred seventy eleven thousand
eight hundred eighty dollars and the income of the claimant; and
(3) If the claimant's income is more than
eleven thousand six hundred seventy eleven
thousand eight hundred eighty dollars, no refund.
Section 7. That § 10-45A-6 be amended to read:
10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a
household consisting of more than one person shall be determined as follows:
(1) If household income is nine thousand two hundred thirty nine thousand five hundred
twenty dollars or less, the sum of five hundred eighty-one dollars;
(2) If household income is nine thousand two hundred thirty-one nine thousand five hundred
twenty dollars and not more than fifteen thousand seven hundred thirty sixteen thousand
twenty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the
difference between fifteen thousand seven hundred thirty sixteen thousand twenty dollars
and total household income; and
(3) If household income is more than
fifteen thousand seven hundred thirty sixteen thousand
twenty dollars, no refund.
Section 8. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed February 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\060.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\061.wpd
CHAPTER 61
(HB 1177)
Tax incentives for energy facilities.
ENTITLED, An Act to revise certain provisions concerning tax incentives for certain energy
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-35-16 be amended to read:
10-35-16. Terms as used in this section and §§ 10-35-17 to 10-35-21, inclusive, mean:
(1) "Collector system," all property used or constructed to interconnect individual wind
turbines or solar panels within a wind farm renewable facility into a common project,
including inverters, step-up transformers, electrical collection equipment, collector
substation transformers, and communication systems;
(2) "Company," any person, corporation, limited liability company, association, company,
partnership, political subdivision, rural electric cooperative, or any group or combination
acting as a unit;
(3) "Nameplate capacity," the number of kilowatts a wind farm renewable facility can
produce, as assigned to the power units in the wind farm renewable facility by the
manufacturer and determined by the secretary;
(4) "Renewable facility," any wind farm or solar facility;
(5) "Solar facility," all real or personal property used or constructed for the purpose of
producing electricity for commercial purposes utilizing solar radiation as an energy source
and with a nameplate capacity of at least five thousand kilowatts. The term includes the
collector system;
(6) "Transmission line," an electric transmission line and associated facilities including the
collector system, with a design of one hundred fifteen kilovolts or more;
(4)(7) "Wind farm," all real or personal property used or constructed for the purpose of
producing electricity for commercial purposes utilizing the wind as an energy source and
with a nameplate capacity of at least five thousand kilowatts. The term includes the
collector system;
(5) "Transmission line," an electric transmission line and associated facilities including the
collector system, with a design of one hundred fifteen kilovolts or more.
Section 2. That § 10-35-17 be amended to read:
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
June 30, 2007, and prior to before 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
March 31, 2015, or a solar facility, shall pay the alternative annual taxes provided in §§ 10-35-18
and 10-35-19.1. The alternative taxes imposed by §§ 10-35-18, 10-35-19, and 10-35-19.1, 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 renewable facility, 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 3. That § 10-35-18 be amended to read:
10-35-18. 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
June 30, 2007, or a solar facility, shall pay an annual tax equal to three dollars multiplied by the
nameplate capacity of the wind farm renewable facility. The tax shall be imposed beginning the first
calendar year the wind farm renewable facility generates gross receipts. The tax shall be paid
annually to the secretary the first day of February of the following year. The tax for the first calendar
year shall be prorated based upon the percentage of the calendar year remaining after the company
generates gross receipts. Except as otherwise provided in §§ 10-35-16 to 10-35-21, inclusive, the
provisions of chapter 10-59 apply to the administration of the tax.
Section 4. That § 10-35-19.1 be amended to read:
10-35-19.1. 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
March 31, 2015, shall pay an annual tax of $.00045 per kilowatt hour of electricity produced by the
wind farm. Any company owning or holding under lease, or otherwise, real or personal property
used, or intended for use, as a solar facility, shall pay an annual tax of $.00090 per kilowatt hour of
electricity produced by the solar facility. The owner of a wind farm renewable facility 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 renewable facility 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 10-35-21, inclusive, the provisions of chapter 10-59 apply to
the administration of the tax.
Section 5. That § 10-35-20 be amended to read:
10-35-20. The secretary shall deposit the tax imposed by §§ 10-35-18, 10-35-19, and 10-35-19.1
into the wind energy renewable facility tax fund. There is created in the state treasury the wind
energy renewable facility tax fund.
Section 6. That § 10-35-21 be amended to read:
10-35-21. The secretary shall distribute all of the tax deposited in the wind energy renewable
facility tax fund pursuant to § 10-35-18 and twenty percent of the tax deposited in the wind energy
renewable facility tax fund pursuant to §§ 10-35-19 and 10-35-19.1 to the county treasurer where
the wind farm renewable facility is located. If a wind farm renewable facility is located in more than
one county, each county shall receive the same percentage of the tax as the percentage of wind
towers or solar facilities in the wind farm renewable facility 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 or solar facility 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
or solar facility is located, fifteen percent to the organized township where each wind tower or solar
facility is located, and thirty-five percent to the county. If a wind tower or solar facility is located in
a township that is not organized, the unorganized township's share of the tax for that wind tower or
solar facility 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 renewable facility tax fund
shall be deposited in the state general fund.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\061.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\062.wpd
CHAPTER 62
(SB 53)
Bank franchise tax revisions.
ENTITLED, An Act to revise certain provisions concerning the bank franchise tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (4) of § 10-43-1 be amended to read:
(4) "Financial institution," any banking institution
, production credit association, or savings
and loan association organized under the laws of the United States and located or doing
business in this state; any bank, savings and loan association, mutual saving bank, or trust
company, organized under the laws of this state or of any other state, district, territory, or
country, doing business within this state; any person licensed in this state pursuant to
chapter 54-4, the installment repayment small loan and consumer finance law; and any
person in the business of buying loans, notes, or other evidences of debt except those
persons registered as broker-dealers pursuant to chapter 47-31B; and persons in the
business of making installment repayment and open-end loans which may be unsecured
or secured by real or personal property, which loans are in an aggregate amount exceeding
five hundred dollars, which are repaid in two or more installment payments or one lump
sum payment extending over a time exceeding thirty days from the day the loan was made
except where the loan is made by the person selling the property, incidental to the sale of
the property and where the seller is primarily in the business of selling such real or
personal property or except where the loan is made to a related corporation and the
primary business of these related corporations is the production and sale of tangible
personal property or where the loan is made in the form of an advance to secure the
production of equipment to be obtained by the lender or to finance a joint venture between
the lender and others which has been formed to produce and sell tangible personal
property;
Section 2. That § 10-43-2 be amended to read:
10-43-2. An annual tax is hereby imposed on every each financial institution, except those
institutions organized under the laws of the United States, doing business in this state for the grant
to it of the privilege of transacting or for the actual transaction by it, of or licensed to do business in
this state during any part of its tax year.
Section 3. That § 10-43-2.1 be repealed.
Section 4. That § 10-43-4 be amended to read:
10-43-4. The liability for the tax imposed by §§ 10-43-2 and 10-43-2.1 this chapter shall arise
upon the first day of each tax year and shall be based upon the net income assignable to this state at
the rate of six percent on net income of four hundred million dollars or less; at the rate of five
percent on net income exceeding four hundred million dollars but equal to or less than four hundred
twenty-five million dollars; at the rate of four percent on the net income exceeding four hundred
twenty-five million dollars but equal to or less than four hundred fifty million dollars; at the rate of
three percent on the net income exceeding four hundred fifty million dollars but equal to or less than
four hundred seventy-five million dollars; at the rate of two percent on the net income exceeding four
hundred seventy-five million dollars but equal to or less than five hundred million dollars; at the rate
of one percent on the net income exceeding five hundred million dollars but equal to or less than six
hundred million dollars; at the rate of one-half of one percent on the net income exceeding six
hundred million dollars but equal to or less than one billion two hundred million dollars; and at the
rate of one-quarter of one percent on the net income exceeding one billion two hundred million
dollars. The tax payable under this section may be no less than two hundred dollars for each
authorized location at which the financial institution subject to taxation under § 10-43-2 regularly
conducts business.
Section 5. That § 10-43-5 be amended to read:
10-43-5. The tax referred to in §§ 10-43-2 and 10-43-2.1 this chapter is in lieu of all other taxes
and licenses, state, county, and local, except taxes upon the institutions' real property, taxes upon the
institutions' leased sites, taxes upon tangible personal property and products transferred electronically
not normally used in extension of credit or acceptance of deposits and the retail sales tax or the use
tax on tangible personal property and any product transferred electronically. However, tangible
personal property and any product transferred electronically acquired by the financial institution
through a foreclosure proceeding are exempt from such other taxes. The institutions taxed by §§ 10-43-2 and 10-43-2.1 are exempt from other net income taxation by this state.
Section 6. That § 10-43-10.3 be amended to read:
10-43-10.3. Subtracted from taxable income are:
(1) Interest and dividends from obligations of the United States government and its agencies
which this state is prohibited by federal law or treaty from taxing by an income tax, a
franchise tax, or a privilege tax;
(2) Dividends received from financial institutions subject to taxation under this chapter to the
extent such dividends were included in taxable income as determined under the Internal
Revenue Code;
(3)(2) Taxes imposed upon the financial institution within the tax year, under the Internal
Revenue Code excluding any taxes imposed under 26 USC § 1374 and 26 USC § 1375;
(4)(3) Any interest expense described in §§ 291(e)(1)(B) and 265(b) of the Internal Revenue
Code, which interest expense shall be deductible;
(5)(4) Any capital gain from liquidating sales within the twelve-month period beginning on the
date on which a financial institution adopts a plan of complete liquidation if all of the
assets of the financial institution are distributed in complete liquidation less assets
retained to meet claims within the twelve-month period, or from the distribution of
property in complete liquidation of the financial institution which is subject to federal
corporate income taxes pursuant to § 336 of the Internal Revenue Code;
(6)(5) Any adjustment to taxable income due to a change in the method used to compute the
federal bad debt deduction where the adjustment has already been included in taxable
income for purposes of the tax imposed by this chapter;
(7)(6) For those financial institutions making an election pursuant to 26 USC § 1362(a), as
amended, and in effect on January 1, 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
(8)(7) For those financial institutions organized as limited liability companies, imputed federal
income taxes in an amount equal to the taxes that would have been paid on net income
as defined in § 10-43-10.1 had the financial institution elected to file as a subchapter C
corporation under the Internal Revenue Code.
Section 7. That § 10-43-10.4 be amended to read:
10-43-10.4. No carryback of net operating losses or capital losses may be deducted from net
income for state tax purposes.
Section 8. That § 10-43-10.5 be amended to read:
10-43-10.5. A deduction may be made for a carryforward of a net operating loss or capital loss.
The deduction is limited to the seven tax years immediately following the tax year of the loss. Net
income may not be less than zero prior to making the adjustments provided for in §§ 10-43-10.2 and
10-43-10.3 because of a deduction taken for losses not incurred during the tax year for which the
return is being filed.
The provisions of this section only apply to net operating losses
or capital losses incurred on or
after January 1, 2015.
Section 9. That § 10-43-24.1 be amended to read:
10-43-24.1. The payroll factor used in § 10-43-22.1 is a fraction, the numerator of which is the
total amount paid in this state during the tax period by the financial institution for compensation, and
the denominator of which is the total compensation paid everywhere during the tax period.
Compensation does not include any payment to any independent contractor or any other person not
classified as an employee.
Section 10. That § 10-43-30 be amended to read:
10-43-30.
Any person required to file and pay tax pursuant to this chapter and whose tax liability
in the previous year exceeded ten thousand dollars shall file with the Department of Revenue a
quarterly estimate of the amount of tax due for the current year and make payment of the estimated
amount. If the tax year of the person ends on December thirty-first, the estimated amount shall be
paid on or before the fifteenth day of January, April, July, and October of each year. If the tax year
of the person ends on a date other than December thirty-first, the estimated amount shall be made
on or before the fifteenth day of the month following the end of the quarter for which the estimate
is due. In determining the amount of each quarterly payment, the taxpayer shall estimate the
taxpayer's total tax liability for the entire tax year and make payment of one-fourth of the estimate.
Each taxpayer shall file
the final a return for the tax year
, and pay any tax imposed by this
chapter, within fifteen days after the taxpayer's federal income tax return is due.
For taxpayers
required to make quarterly estimated payments, if the total quarterly estimated payments do not equal
ninety percent of the total tax due, then interest, but not penalty, accrues at the rate provided in § 10-59-6 and is applied to the amount by which one-fourth of ninety percent of the total tax due exceeds
the amount of any quarterly estimate filed or required to be filed from the time the estimate was due
until finally paid. Neither interest nor penalty may be imposed on quarterly estimates if each estimate
equaled an amount which would have been required on that date had the estimated tax been based
upon the tax shown on the previous year's return.
Any
return not filed by the due date or tax
due but not paid
on by the due date is delinquent and
bears penalty and interest as provided in § 10-59-6.
Section 11. That § 10-43-30.1 be amended to read:
10-43-30.1. Any taxpayer shall receive an extension of time to file the return required by this
chapter to a day not later than six months from the day the return was originally due, if the taxpayer:
(1) Files for an extension of time to file the taxpayer's federal income tax return;
(2) Files a copy of the federal income tax return extension request with the Department of
Revenue on or before the day the return was originally due; and
(3) Makes a reasonable estimate of the amount of tax due and pays that amount with or prior
to the request for extension of time to file.
If the time for filing the return is extended at the request of the taxpayer,
and the amount of tax
due exceeds the reasonable estimate paid pursuant to subdivision (3), interest, but not penalty, shall
be added
to the difference at the same rate as provided for in § 10-59-6 from the time the
payments
were return was originally due until the
additional taxes
due are paid.
Section 12. That § 10-43-31 be repealed.
Section 13. That § 10-43-32 be repealed.
Section 14. That § 10-43-34 be amended to read:
10-43-34. Every corporation taxable under this chapter shall make a return and the return shall
be sworn to by the president, vice-president, or other principal officer, and by the treasurer or
assistant treasurer. Before a corporation may be dissolved and its assets distributed, the corporation
shall make a return for any settlement of the tax for any income earned in the income year up to its
final date of dissolution.
Section 15. That § 10-43-42.1 be amended to read:
10-43-42.1. The provisions of this chapter shall be administered by the secretary of revenue and
the secretary may promulgate rules, pursuant to chapter 1-26, concerning:
(1) The procedure for filing tax returns and payment of the tax;
(2) The type of accounting to be used;
(3) The definition and deductibility of net federal income taxes; and
(4) Determining the The application of the tax and exemptions; and
(5) The records to be retained by the taxpayer.
Section 16. That § 10-43-43.1 be amended to read:
10-43-43.1. Every Each person subject to tax under this chapter shall make and keep for a period
of six years such after federal taxable income has been finally determined by the United States any
records as required by the secretary of revenue or otherwise necessary for the administration of this
chapter. Such books and documents The records shall, at all times during business hours of the day,
be subject to inspection by the secretary of revenue or his duly authorized agents and employees to
determine the amount of tax due.
If in the normal conduct of the business, the required records are maintained and kept at an office
outside the State of South Dakota, it shall be a sufficient compliance with this section if the records
are made available for audit and examination by the Department of Revenue at the office outside of
South Dakota.
Section 17. That § 10-43-62 be repealed.
Section 18. That § 10-43-63 be repealed.
Section 19. That § 10-43-64 be repealed.
Section 20. That § 10-43-65 be repealed.
Section 21. That § 10-43-66 be repealed.
Section 22. That § 10-43-67 be repealed.
Section 23. That § 10-43-69 be repealed.
Section 24. That § 10-43-70 be repealed.
Section 25. That § 10-43-71 be repealed.
Section 26. That § 10-43-72 be repealed.
Section 27. That § 10-43-75.1 be repealed.
Section 28. That § 10-43-77 be amended to read:
10-43-77. The county treasurer upon receipt of the funds, remitted to the county pursuant to
§§ 10-43-75.1 and § 10-43-76, shall apportion and distribute the funds between the taxing
subdivisions, including the county, in the same proportion as the average of personal real property
taxes assessed levied in each taxing subdivision, including the county, for calendar years 1972, 1973,
1974, 1975, and 1976 were distributed in the previous year as determined and certified by the
secretary of revenue.
For any school district affected by a consolidation on or after July 1, 2003, as defined in § 13-6-1,
the successor school district shall receive the funds allocated to each of the former school districts.
For any school district eliminated or subdivided by a reorganization on or after July 1, 2003, as
defined in § 13-6-1, each successor school district shall receive a portion of the funds allocated to
the former school district. Each successor school district's portion of the funds shall be based upon
the percentage of the total taxable valuation of the former school district transferred to the successor
school district, at the time of the reorganization. Any amount received by the county and taxing
subdivisions pursuant to this section may upon receipt be used to support the functions of such
taxing subdivision.
Section 29. That § 10-43-78 be repealed.
Section 30. That § 10-43-82 be repealed.
Section 31. That § 10-43-92 be amended to read:
10-43-92. As used in § 10-43-91, the term, extended term trust, means any trust which has no
limitation on duration which would require the trust to cease and terminate on a date not later than
twenty-one years beyond any life in being. Extended term trusts may not include any trust subject
to the Employee Retirement Income Security Act of 1974, as amended as of and in effect on January
1, 1997 2016.
Section 32. The provisions of this Act only apply to returns that are related to tax years ending
in 2015 or thereafter and filed after December 31, 2015.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\062.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\063.wpd
CHAPTER 63
(SB 52)
Tax on banks and financial corporations
reporting procedures revised.
ENTITLED, An Act to establish procedures for reporting federal tax changes for purposes of the
bank franchise tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 10-43 be amended by adding a NEW SECTION to read:
A taxpayer who has filed a return with the department for a specific tax year and subsequently
has a change or correction to the taxpayer's net income, as a result of audit or adjustment by the
United States, that increases the taxpayer's taxable income in this state, shall report the change or
correction in writing to the secretary. The report shall be in the form of a supplementary return and
shall be filed within one hundred twenty days of the final adjustment by the United States. Any
additional tax due and applicable interest shall be paid at the time of filing the supplementary return.
The provisions of this section apply notwithstanding the limitation period for collection of taxes
provided under § 10-59-16.
Section 2. That chapter 10-43 be amended by adding a NEW SECTION to read:
A taxpayer who has filed a return with the department for a specific tax year and subsequently
has a change or correction to the taxpayer's net income, as a result of audit or adjustment by the
United States, that decreases the taxpayer's taxable income in this state, may report the change or
correction in writing to the secretary. The report shall be in the form of a supplementary return and
shall be filed within one hundred twenty days of the final adjustment by the United States. Any
refund for overpayment of tax, penalty, or interest shall be made pursuant to §§ 10-59-22, 10-59-22.1, 10-59-23, and 10-59-24. The provisions of this section apply notwithstanding §§ 10-59-17 and
10-59-19.
No court has jurisdiction of a suit to recover the taxes, penalties, or interest unless the taxpayer
seeking the recovery of the tax complies with the provisions of this section.
Section 3. That chapter 10-43 be amended by adding a NEW SECTION to read:
If a taxpayer fails to file a supplementary return as required by section 1 of this Act, the secretary
may determine the amount of additional tax due, if any, based on information available to the
secretary. The secretary's determination of additional tax due, together with interest and penalty as
provided in § 10-59-6, shall be made within six years after the time the supplementary return was
due.
The secretary may also impose a penalty of five thousand dollars or ten percent of the additional
tax due, whichever is greater, for failure to timely file a supplementary return and pay any additional
tax and applicable interest as required by section 1 of this Act. This penalty is in addition to all other
penalties provided by law and shall be deposited in the state general fund.
Section 4. That § 10-43-50 be repealed.
Section 5. That § 10-43-51 be repealed.
Section 6. That § 10-43-51.1 be repealed.
Section 7. That § 10-43-55 be repealed.
Section 8. That § 10-43-60 be repealed.
Section 9. That ARSD 64:26:02:05 be repealed.
Section 10. That ARSD 64:26:02:06 be repealed.
Section 11. The provisions of this Act only apply to returns that are related to tax years ending
in 2015 or thereafter and filed after December 31, 2015.
Signed March 7, 2016
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CHAPTER 64
(HB 1120)
Harvesting timber defined as an agricultural purpose.
ENTITLED, An Act to revise the definition of agricultural purposes used for the administration of
the sales tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (1) of 10-45-1 be amended to read:
(1) "Agricultural purposes," the producing, raising, growing, or harvesting of food or fiber
upon agricultural land, including dairy products, livestock, and crops. The services of
custom harvesters, chemical applicators, fertilizer spreaders, hay grinders, and cultivators
are considered agricultural purposes. The harvesting of timber on land within the state is
considered an agricultural purpose;
Signed March 9, 2016
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CHAPTER 65
(HB 1182)
Sales and use tax increase.
ENTITLED, An Act to increase the state sales tax, the state use tax, the excise tax on farm
machinery, and amusement device tax for the purpose of increasing education funding and
reducing property taxes, to provide for certain school district reporting and penalties, and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-45-2 be amended to read:
10-45-2. There is hereby imposed a tax upon the privilege of engaging in business as a retailer,
a tax of four and one-half percent upon the gross receipts of all sales of tangible personal property
consisting of goods, wares, or merchandise, except as otherwise provided in this chapter, sold at
retail in the State of South Dakota to consumers or users.
Section 2. That § 10-45-5 be amended to read:
10-45-5. There is imposed a tax at the rate of four and one-half 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, attachment units, and irrigation equipment 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 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 § 10-45-5.3 be amended to read:
10-45-5.3. There is imposed, at the rate of four and one-half percent, an excise tax on the gross
receipts of any person engaging in oil and gas field services (group no. 138) as 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.
Section 4. That § 10-45-6 be amended to read:
10-45-6. There is hereby imposed a tax of four and one-half percent upon the gross receipts from
sales, furnishing, or service of gas, electricity, and water, including the gross receipts from such sales
by any municipal corporation furnishing gas, and electricity, to the public in its proprietary capacity,
except as otherwise provided in this chapter, when sold at retail in the State of South Dakota to
consumers or users.
Section 5. That § 10-45-6.1 be amended to read:
10-45-6.1. Except as provided in § 10-45-6.2, there is hereby imposed a tax of four and one-half
percent upon the gross receipts from providing any intrastate, interstate, or international
telecommunications service that originates or terminates in this state and that is billed or charged to
a service address in this state, or that both originates and terminates in this state. However, the tax
imposed by this section does not apply to:
(1) Any eight hundred or eight hundred type service unless the service both originates and
terminates in this state;
(2) Any sale of a telecommunication service to a provider of telecommunication services,
including access service, for use in providing any telecommunication service; or
(3) Any sale of interstate telecommunication service provided to a call center that has been
certified by the secretary of revenue to meet the criterion established in § 10-45-6.3 and
the call center has provided to the telecommunications service provider an exemption
certificate issued by the secretary indicating that it meets the criterion.
If a call center uses an exemption certificate to purchase services not meeting the criterion
established in § 10-45-6.3, the call center is liable for the applicable tax, penalty, and interest.
Section 6. That § 10-45-6.2 be amended to read:
10-45-6.2. There is hereby imposed a tax of four and one-half percent upon the gross receipts of
mobile telecommunications services, as defined in 4 U.S.C. § 124(7) as of January 1, 2002, that
originate and terminate in the same state and are billed to a customer with a place of primary use in
this state or are deemed to have originated or been received in this state and to be billed or charged
to a service address in this state if the customer's place of primary use is located in this state
regardless of where the service actually originates or terminates. Notwithstanding any other
provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon
mobile telecommunication services shall be administered in accordance with 4 U.S.C. §§ 116-126
as in effect on July 28, 2000.
Section 7. That § 10-45-8 be amended to read:
10-45-8. There is imposed a tax of four and one-half percent upon the gross receipts from all
sales of tickets or admissions to places of amusement and athletic contests or events, except as
otherwise provided in this chapter.
Section 8. That § 10-45-71 be amended to read:
10-45-71. There is imposed a tax of four and one-half percent on the gross receipts from the
transportation of passengers. The tax imposed by this section shall apply to any transportation of
passengers if the passenger boards and exits the mode of transportation within this state.
Section 9. That § 10-46-2.1 be amended to read:
10-46-2.1. For the privilege of using services in South Dakota, except those types of services
exempted by § 10-46-17.3, there is imposed on the person using the service an excise tax equal to
four and one-half percent of the value of the services at the time they are rendered. However, this
tax may not be imposed on any service rendered by a related corporation as defined in subdivision
10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service
rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related
corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term related
corporation includes a corporation which together with the financial institution is part of a controlled
group of corporations as defined in 26 U.S.C. § 1563 as in effect on January 1, 1989, except that the
eighty percent ownership requirements set forth in 26 U.S.C. § 563(a)(2)(A) for a brother-sister
controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered
by an employee for the use of his employer are not taxable.
Section 10. That § 10-46-2.2 be amended to read:
10-46-2.2. An excise tax is imposed upon the privilege of the use of rented tangible personal
property and any product transferred electronically in this state at the rate of four and one-half
percent of the rental payments upon the property.
Section 11. That § 10-46-58 be amended to read:
10-46-58. There is imposed a tax of four and one-half percent on the privilege of the use of any
transportation of passengers. The tax imposed by this section shall apply to any transportation of
passengers if the passenger boards and exits the mode of transportation within this state.
Section 12. That § 10-46-69 be amended to read:
10-46-69. There is hereby imposed a tax of four and one-half percent upon the privilege of the
use of mobile telecommunications services, as defined in 4 U.S.C. § 124(7) as of January 1, 2002,
that originate and terminate in the same state and are billed to a customer with a place of primary use
in this state. Notwithstanding any other provision of this chapter and for purposes of the tax imposed
by this section, the tax imposed upon mobile telecommunication services shall be administered in
accordance with 4 U.S.C. §§ 116-126 as in effect on July 28, 2000.
Section 13. That § 10-46-69.1 be amended to read:
10-46-69.1. Except as provided in § 10-46-69, there is hereby imposed a tax of four and one-half
percent upon the privilege of the use of any intrastate, interstate, or international telecommunications
service that originates or terminates in this state and that is billed or charged to a service address in
this state, or that both originates and terminates in this state. However, the tax imposed by this
section does not apply to:
(1) Any eight hundred or eight hundred type service unless the service both originates and
terminates in this state;
(2) Any sale of a telecommunication service to a provider of telecommunication services,
including access service, for use in providing any telecommunication service; or
(3) Any sale of interstate telecommunication service provided to a call center that has been
certified by the secretary of revenue to meet the criterion established in § 10-45-6.3 and
the call center has provided to the telecommunications service provider an exemption
certificate issued by the secretary indicating that it meets the criterion.
If a call center uses an exemption certificate to purchase services not meeting the criterion
established in § 10-45-6.3, the call center is liable for the applicable tax, penalty, and interest.
Section 14. That § 10-46-69.2 be amended to read:
10-46-69.2. There is hereby imposed a tax of four and one-half percent upon the privilege of the
use of any ancillary services.
Section 15. That § 10-46E-1 be amended to read:
10-46E-1. There is hereby imposed an excise tax of four and one-half percent on the gross
receipts from the sale, resale, or lease of farm machinery, attachment units, and irrigation equipment
used exclusively for agricultural purposes. However, if any trade-in or exchange of used farm
machinery, attachment units, and irrigation equipment is involved in the transaction, the excise tax
is only due and may only be collected on the cash difference.
Section 16. That § 10-58-1 be amended to read:
10-58-1. There is imposed upon owners and operators a special amusement excise tax of four
and one-half percent of the gross receipts from the operation of any mechanical or electronic
amusement device.
Section 17. That the code be amended by adding a NEW SECTION to read:
From the proceeds of this Act, each year sixty-three percent shall be dedicated to increasing
teacher salaries by school districts, thirty-four percent shall be dedicated to reducing the property tax
levies for general education for all classes of property, and three percent shall be dedicated to
increasing instructor salaries to competitive levels at postsecondary technical institutes.
Section 18. That the code be amended by adding a NEW SECTION to read:
The presidents of the postsecondary technical institutes, acting pursuant to rules established by
the State Board of Education, shall use the money provided pursuant to this Act to increase instructor
salaries at each postsecondary technical institute.
Section 19. That the code be amended by adding a NEW SECTION to read:
If the state is able to enforce the obligation to collect and remit sales tax on remote sellers who
deliver tangible personal property, products transferred electronically, or services directly to the
citizens of South Dakota, the additional net revenue from such obligation shall be used to reduce the
rate of certain taxes. The rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1,
10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46_69, 10-46-69.1, 10-46-69.2,
10-46E-1, and 10-58-1 shall be reduced by one-tenth percent on July first following the calendar year
for which each additional twenty million dollar increment of net revenue is collected and remitted
by such remote sellers. However, the rate of tax imposed by §§ 10-45-2, 10-45-5, 10-45-5.3, 10-45-6, 10-45-6.1, 10-45-6.2, 10-45-8, 10-45-71, 10-46-2.1, 10-46-2.2, 10-46-58, 10-46_69, 10-46-69.1,
10-46-69.2, 10-46E-1, and 10-58-1 may not be reduced below four percent pursuant to the provisions
of this section.
Section 20. That § 13-8-47 be amended to read:
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
report shall also contain the following information for the district from the preceding fiscal year:
(1) Total teacher compensation, which is the total amount spent on instructional salaries and
benefits for certified instructional staff;
(2) The total amount spent on instructional salaries for certified instructional staff;
(3) The total amount spent on benefits for certified instructional staff;
(4) The total number of certified instructional staff employed by the school district; and
(5) Any other information necessary to comply with the provisions of this Act.
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.
Section 21. That the code be amended by adding a NEW SECTION to read:
The Department of Education shall calculate the following for each school district:
(1) The average teacher salary, based on data collected pursuant to §§ 13-8-47 and 13-3-51;
(2) The increase in state aid to general education funding, excluding any effect due to change
in the school district's fall enrollment and less the amount of revenue generated in school
fiscal year 2016 pursuant to § 13-10-6 as a percentage increase, from fiscal year 2016 to
fiscal year 2017; and
(3) The increase in average teacher compensation as a percentage increase, as defined in
§ 13-8-47, from fiscal year 2016 to fiscal year 2017.
For each school district, the district's increase in average teacher compensation from fiscal year
2016 to 2017 shall be equal to at least eighty-five percent of the district's increase in state aid to
general education funding, as defined in subdivision (2), from fiscal year 2016 to fiscal year 2017.
If a school district fails to comply with the requirements of this section, state aid to general
education funding to the district in fiscal year 2018 shall be decreased by an amount equal to fifty
percent of the amount calculated in subdivision (2). For fiscal years 2019, 2020, and 2021, if a
district's average teacher compensation is less than the district's average teacher compensation in
fiscal year 2017, state aid to general education funding to the district in the following fiscal year shall
be reduced by an amount equal to five hundred dollars for each teacher employed in the school
district.
A school district may request a waiver from any penalty imposed under this section from the
School Finance Accountability Board created in section 22 of this Act.
Section 22. That the code be amended by adding a NEW SECTION to read:
There is hereby created the School Finance Accountability Board within the Department of
Education. The board shall consist of five members appointed by the Governor. The members shall
serve a term of four years. The board may recommend that a penalty against a school district
imposed under section 21 of this Act be waived, in whole or in part, if the district can demonstrate
that its failure to comply with section 21 of this Act is due to special circumstances.
The School Finance Accountability Board shall promulgate rules, pursuant to chapter 1-26, to
establish the appeals process provided for in section 21 of this Act, and to establish the factors that
may be taken into account when considering a waiver requested by a school district, which shall
include the impact of retirements.
Any waiver recommended by the School Finance Accountability Board must be approved by the
Joint Committee on Appropriations or the Interim Committee on Appropriations. The Department
of Education shall annually report to the Governor and the Legislature the information collected
pursuant to § 13-8-47 and section 21 of this Act.
Section 23. 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 June 1, 2016.
Signed March 11, 2016
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CHAPTER 66
(HB 1204)
Sales and use tax exemption for nonprofit corporations
created for fire protection.
ENTITLED, An Act to provide a sales and use tax exemption for certain nonprofit corporations
created for the purpose of fire protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 10-45 be amended by adding a NEW SECTION to read:
There are hereby specifically exempted from the provisions of this chapter and from the
computation of the amount of tax imposed by it, the gross receipts from sales of tangible personal
property, any product transferred electronically, and services to any nonprofit corporation created
for the purpose of fire protection that is controlled by any political subdivision of this state.
Section 2. That chapter 10-46 be amended by adding a NEW SECTION to read:
There are hereby specifically exempted from the provisions of this chapter and from the
computation of the amount of tax imposed by it, the purchases of tangible personal property, any
product transferred electronically, and services by any nonprofit corporation created for the purpose
of fire protection that is controlled by any political subdivision of this state.
Signed March 14, 2016
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CHAPTER 67
(HB 1041)
Insurance company premium and annuity taxes,
time to recover overpaid tax limited.
ENTITLED, An Act to revise certain provisions regarding the recovery of certain insurance company
premium and annuity taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-55A-2 be amended to read:
10-55A-2. Beginning with the tax year 1993, a A person seeking recovery of an allegedly
overpaid tax shall file a claim for recovery, with the secretary, within one year from the due date of
the annual statement under § 58-6-75. A claim for recovery not filed within one year of the due date
is barred. For claims correctly filed prior to July 1, 1993, the director shall send by certified mail to
each insurer a summary of the amount shown on file with the Division of Insurance for the 1992 tax
year and all prior years. The insurer has thirty days from receipt of the summary to file a protest of
that amount together with a corrected amount and substantiating documentation. If the insurer fails
to file a protest within the thirty days, the amount set by the director of insurance is correct and any
further claim by the insurer is barred. An insurer may request an extension of thirty days in writing
and the director may grant an extension of not more than thirty days. This does not allow an insurer
which did not file correctly under the provisions of this section before July 1, 1993, to now file for
any overpayment of taxes.
Section 2. That § 10-55A-11 be repealed.
Signed February 12, 2016
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CHAPTER 68
(HB 1050)
Obsolete mini-storage tax refund repealed.
ENTITLED, An Act to repeal certain obsolete mini-storage tax refund provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-59-42 be repealed.
Section 2. That § 10-59-43 be repealed.
Signed February 12, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\069.wpd
CHAPTER 69
(HB 1051)
Automated sales suppression devices regulated.
ENTITLED, An Act to prohibit the use of certain automated sales suppression devices and to
provide penalties for their use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 10-59 be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Automated sales suppression device," a software program accessed through any method
that falsifies the electronic records, transaction data, or transaction reports of electronic
cash registers and other point-of-sale systems;
(2) "Electronic cash register," a device that keeps a register or supporting documents through
the means of an electronic device or computer system designed to record transaction data
for the purpose of computing, compiling, or processing retail sales transaction data or
transaction reports;
(3) "Phantom-ware," a programming option embedded in the operating system or hardwired
into the electronic cash register that can be used to create a false till, or eliminate or
manipulate transaction data before it is entered in the original till;
(4) "Transaction data," information regarding items purchased by a customer, the price for
each item, a taxability determination for each item, a segregated tax amount for each item
subject to tax, the amount of cash or credit tendered, the amount returned to the customer
in change, the date and time of purchase, the name, address, and identification number of
the vendor, and the receipt or invoice number of the transaction;
(5) "Transaction report," a report documenting sales, tax collected, media totals, discount
voids, or other transaction data of an electronic cash register for a given day or shift, or
any report documenting actions of an electronic cash register.
Section 2. That chapter 10-59 be amended by adding a NEW SECTION to read:
It is unlawful to knowingly own, sell, rent, lease, purchase, install, transfer, possess, use, access,
design, manufacture, or program any automated sales suppression device or phantom-ware. A
violation of this section is a Class 5 felony.
Section 3. That chapter 10-59 be amended by adding a NEW SECTION to read:
Any person convicted of a violation under section 2 of this Act shall be assessed a civil penalty
at the time of sentencing in addition to, and not in substitution for, any other penalties provided by
law for the offense in the amount of ten thousand dollars for each return period in which sales data,
transaction data, or transaction reports were altered. However, the civil penalty may not exceed one
hundred twenty thousand dollars. The civil penalty shall be deposited in the state general fund.
Section 4. That chapter 10-59 be amended by adding a NEW SECTION to read:
In addition to any civil or criminal penalty, any person violating section 2 of this Act is liable for
all sales and use tax, contractor's excise tax, or any other tax imposed by title 10, including any
municipal sales and use tax, and all associated penalties and interest due the state as a result of the
use of an automated sales suppression device or phantom-ware.
Section 5. That chapter 10-59 be amended by adding a NEW SECTION to read:
An automated sales suppression device or phantom-ware or any cash register or device
containing an automated sales suppression device or phantom-ware is contraband and may be seized
without a warrant by the secretary, agents or employees of the secretary, or any law enforcement
officer of this state. The disposition of any property seized under this section shall be conducted
pursuant to chapter 23A-37.
Signed March 10, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\070.wpd
CHAPTER 70
(SB 106)
The collection of sales taxes from certain out-of-state sellers.
ENTITLED, An Act to provide for the collection of sales taxes from certain remote sellers, to
establish certain Legislative findings, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any other provision of law, any seller selling tangible personal property,
products transferred electronically, or services for delivery into South Dakota, who does not have
a physical presence in the state, is subject to chapters 10-45 and 10-52, shall remit the sales tax and
shall follow all applicable procedures and requirements of law as if the seller had a physical presence
in the state, provided the seller meets either of the following criteria in the previous calendar year
or the current calendar year:
(1) The seller's gross revenue from the sale of tangible personal property, any product
transferred electronically, or services delivered into South Dakota exceeds one hundred
thousand dollars; or
(2) The seller sold tangible personal property, any product transferred electronically, or
services for delivery into South Dakota in two hundred or more separate transactions.
Section 2. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any other provision of law, and whether or not the state initiates an audit or
other tax collection procedure, the state may bring a declaratory judgment action under chapter 21-24
in any circuit court against any person the state believes meets the criteria of section 1 of this Act to
establish that the obligation to remit sales tax is applicable and valid under state and federal law. The
circuit court shall act on this declaratory judgment action as expeditiously as possible and this action
shall proceed with priority over any other action presenting the same question in any other venue.
In this action, the court shall presume that the matter may be fully resolved through a motion to
dismiss or a motion for summary judgment. However, if these motions do not resolve the action,
any discovery allowed by the court may not exceed the provisions of subdivisions 15-6-73(2) and
(4).
The provisions of § 10-59-34, along with any other provisions authorizing attorney's fees, do not
apply to any action brought pursuant to this Act or any appeal from any action brought pursuant to
this Act.
Section 3. That the code be amended by adding a NEW SECTION to read:
The filing of the declaratory judgment action established in this Act by the state operates as an
injunction during the pendency of the action, applicable to each state entity, prohibiting any state
entity from enforcing the obligation in section 1 of this Act against any taxpayer who does not
affirmatively consent or otherwise remit the sales tax on a voluntary basis. The injunction does not
apply if there is a previous judgment from a court establishing the validity of the obligation in section
1 of this Act with respect to the particular taxpayer.
Section 4. That the code be amended by adding a NEW SECTION to read:
Any appeal from the decision with respect to the cause of action established by this Act may only
be made to the state Supreme Court. The appeal shall be heard as expeditiously as possible.
Section 5. That the code be amended by adding a NEW SECTION to read:
No obligation to remit the sales tax required by this Act may be applied retroactively.
Section 6. That the code be amended by adding a NEW SECTION to read:
If an injunction provided by this Act is lifted or dissolved, in general or with respect to a specific
taxpayer, the state shall assess and apply the obligation established in section 1 of this Act from that
date forward with respect to any taxpayer covered by the injunction.
Section 7. That the code be amended by adding a NEW SECTION to read:
A taxpayer complying with this Act, voluntarily or otherwise, may only seek a recovery of taxes,
penalties, or interest by following the recovery procedures established pursuant to chapter 10-59.
However, no claim may be granted on the basis that the taxpayer lacked a physical presence in the
state and complied with this Act voluntarily while covered by the injunction provided in section 3
of this Act.
Nothing in this Act limits the ability of any taxpayer to obtain a refund for any other reason,
including a mistake of fact or mathematical miscalculation of the applicable tax.
No seller who remits sales tax voluntarily or otherwise under this Act is liable to a purchaser who
claims that the sales tax has been over-collected because a provision of this Act is later deemed
unlawful.
Nothing in this Act affects the obligation of any purchaser from this state to remit use tax as to
any applicable transaction in which the seller does not collect and remit or remit an offsetting sales
tax.
Section 8. That the code be amended by adding a NEW SECTION to read:
The Legislature finds that:
(1) The inability to effectively collect the sales or use tax from remote sellers who deliver
tangible personal property, products transferred electronically, or services directly into
South Dakota is seriously eroding the sales tax base of this state, causing revenue losses
and imminent harm to this state through the loss of critical funding for state and local
services;
(2) The harm from the loss of revenue is especially serious in South Dakota because the state
has no income tax, and sales and use tax revenues are essential in funding state and local
services;
(3) Despite the fact that a use tax is owed on tangible personal property, any product
transferred electronically, or services delivered for use in this state, many remote sellers
actively market sales as tax free or no sales tax transactions;
(4) The structural advantages of remote sellers, including the absence of point-of-sale tax
collection, along with the general growth of online retail, make clear that further erosion
of this state's sales tax base is likely in the near future;
(5) Remote sellers who make a substantial number of deliveries into or have large gross
revenues from South Dakota benefit extensively from this state's market, including the
economy generally, as well as state infrastructure;
(6) In contrast with the expanding harms caused to the state from this exemption of sales tax
collection duties for remote sellers, the costs of that collection have fallen. Given modern
computing and software options, it is neither unusually difficult nor burdensome for
remote sellers to collect and remit sales taxes associated with sales into South Dakota;
(7) As Justice Kennedy recently recognized in his concurrence in Direct Marketing
Association v. Brohl, the Supreme Court of the United States should reconsider its
doctrine that prevents states from requiring remote sellers to collect sales tax, and as the
foregoing findings make clear, this argument has grown stronger, and the cause more
urgent, with time;
(8) Given the urgent need for the Supreme Court of the United States to reconsider this
doctrine, it is necessary for this state to pass this law clarifying its immediate intent to
require collection of sales taxes by remote sellers, and permitting the most expeditious
possible review of the constitutionality of this law;
(9) Expeditious review is necessary and appropriate because, while it may be reasonable
notwithstanding this law for remote sellers to continue to refuse to collect the sales tax
in light of existing federal constitutional doctrine, any such refusal causes imminent harm
to this state;
(10) At the same time, the Legislature recognizes that the enactment of this law places remote
sellers in a complicated position, precisely because existing constitutional doctrine calls
this law into question. Accordingly, the Legislature intends to clarify that the obligations
created by this law would be appropriately stayed by the courts until the constitutionality
of this law has been clearly established by a binding judgment, including, for example,
a decision from the Supreme Court of the United States abrogating its existing doctrine,
or a final judgment applicable to a particular taxpayer; and
(11) It is the intent of the Legislature to apply South Dakota's sales and use tax obligations to
the limit of federal and state constitutional doctrines, and to thereby clarify that South
Dakota law permits the state to immediately argue in any litigation that such constitutional
doctrine should be changed to permit the collection obligations of this Act.
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. This Act shall be in full force and effect
on the first day of the first month that is at least fifteen calendar days from the date this Act is signed
by the Governor.
Signed March 22, 2016
_______________
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PLANNING, ZONING AND HOUSING PROGRAMS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\071.wpd
CHAPTER 71
(HB 1140)
County zoning adjustments.
ENTITLED, An Act to revise certain provisions regarding county zoning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 11-2-30 be amended to read:
11-2-30. After the hearing, the board shall by resolution or ordinance, as appropriate, either adopt
or reject the amendment, supplement, change, modification, or repeal, with or without changes.
Consideration of any changes to the proposed amendment, supplement, change, modification, or
repeal may only be done if the time and place of the hearing is published at least ten days in advance
in a legal newspaper of the county. If adopted, the board shall publish a notice of the fact of adoption
once in a legal newspaper of such the county and take effect on the twentieth day after its
publication. The provisions of § 11-2-22 are applicable to this section.
Section 2. That § 11-2-55 be amended to read:
11-2-55. Appeals An appeal to the board of adjustment may be taken by any person aggrieved
or by any officer, department, board, or bureau of the county affected by any decision of the
administrative officer, that is not a ministerial act or other preliminary act to bring an application or
matter before the board for hearing and a final decision. The appeal shall be taken within a
reasonable time, as provided by the rules of the board of adjustment, by filing with the officer from
whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds
of the appeal. The officer from whom the appeal is taken shall transmit to the board of adjustment
all the papers constituting the record upon which the action appealed from was taken. All appeals
relating to a particular action or property shall be consolidated and heard on an expedited basis.
Section 3. That § 11-2-56 be amended to read:
11-2-56. An appeal to the board of adjustment stays all proceedings in the action appealed from,
except ministerial or other preliminary acts necessary to allow consolidated appeals on all matters
prior to final decision by the board of adjustment, or unless the officer from whom the appeal is
taken files a certificate that by reason of facts stated in the certificate a stay would in the officer's
opinion cause imminent peril to life or property. In such case proceedings may not be stayed other
than by a restraining order which may be granted by the board of adjustment or by a court of record,
on application, on notice to the officer from whom the appeal is taken and on due cause shown.
Section 4. That § 11-2-59 be amended to read:
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
where the county has chosen to adopt a different
standard, as set forth in subdivision 11-2-53(3), or to effect any variation in the ordinance.
Section 5. That § 11-2-60 be amended to read:
11-2-60. In lieu of appointing the board of adjustment provided by § 11-2-49, the board of county
commissioners having adopted and in effect a zoning ordinance may act as and perform all the duties
and exercise the powers of the board of adjustment. The chair of the board of county commissioners
is chair of the board of adjustment as so composed. The concurring vote of at least two-thirds of the
members of the board as so composed is necessary to reverse any order, requirement, decision, or
determination of any administrative official, or to decide in favor of the appellant on any matter upon
which it is required to pass under any zoning ordinance, except as to conditional uses where the
county has chosen to adopt a different standard as set forth in subdivision 11-2-53(3), or to effect
any variation in the ordinance.
Section 6. That § 11-2-61 be amended to read:
11-2-61. Any person or persons, jointly or severally, aggrieved by any decision of the board of
adjustment, or any taxpayer, or any officer, department, board, or bureau of the county, aggrieved
by any decision of the board of adjustment may present to a court of record a petition duly verified,
setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality.
The petition shall be presented to the court within thirty days after the filing of the decision in the
office of the board of adjustment.
Section 7. That § 11-4-19 be amended to read:
11-4-19. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any
officer, department, board, or bureau of the municipality affected by any decision of the
administrative officer which is not a ministerial act or other preliminary act to bring an application
or matter before the board for hearing and a final decision on the merits. Such appeal shall be taken
within a reasonable time, as provided by the rules of such board, by filing with the officer from
whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds
thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the
papers constituting the record upon which the action appealed from was taken. All appeals relating
to a particular action or property shall be consolidated and heard on an expedited basis.
Section 8. That § 11-4-20 be amended to read:
11-4-20. An appeal to the board of adjustment stays all proceedings in the action appealed from,
except ministerial or other preliminary acts necessary to allow consolidated appeals on all matters
prior to final decision by the board of adjustment, or unless the officer from whom the appeal is
taken shall file a certificate that by reason of facts stated in the certificate a stay would in his opinion
cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than
by a restraining order which may be granted by the board of adjustment or by a court of record, on
application, on notice to the officer from whom the appeal is taken and on due cause shown.
Section 9. That § 11-4-25 be amended to read:
11-4-25. Any person or persons, jointly or severally, aggrieved by any decision of the Board of
Adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality,
aggrieved by any decision of the board of adjustment may present to a court of record a petition duly
verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the
illegality. Such petition shall be presented to the court within thirty days after the filing of the
decision in the office of the board.
Signed March 16, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\072.wpd
CHAPTER 72
(HB 1100)
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. That chapter 11-4 be amended by adding a NEW SECTION to read:
If a landowner petitions a governing board of a municipality 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.
Section 2. That chapter 11-6 be amended by adding a NEW SECTION to read:
If a landowner petitions the commission 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 February 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\072.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\073.wpd
CHAPTER 73
(HB 1101)
Municipalities may create programs
to encourage housing development.
ENTITLED, An Act to authorize municipalities to create programs to encourage housing
development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Any municipality may rebate the municipal property taxes paid on housing that furthers the
municipality's housing goals. Any such municipality shall, by ordinance, develop a program that
provides for the type of housing that qualifies for the rebate, the length of time the rebate may apply,
and the criteria the housing shall meet in order to qualify for the rebate.
Signed February 18, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\074.wpd
CHAPTER 74
(SB 112)
Tax increment district's base revised.
ENTITLED, An Act to revise certain provisions concerning tax increment districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 11-9-23 be amended to read:
11-9-23. If the municipality adopts an amendment to the original project plan for any district,
which includes additional project costs for which tax increments may be received by the
municipality, the tax incremental base for the district shall be redetermined pursuant to § 11-9-20.
The tax incremental base as redetermined under this section is effective for the purposes of this
chapter only if it exceeds the original tax incremental base determined under § 11-9-20. The
provisions of this section do not apply if the additional project costs are thirty-five percent or less
than the amount approved in the original project plan and the additional project costs will be incurred
before the expiration of the period specified in § 11-9-13.
Signed March 16, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\074.wpd
ELECTIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\075.wpd
CHAPTER 75
(HB 1033)
Election and election petition requirements revised.
ENTITLED, An Act to revise certain provisions concerning elections and election petitions and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-1-3 be amended to read:
12-1-3. Terms used in this title mean:
(1) "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot
to be voted upon for nomination or election at any election;
(2) "Election," any election held under the laws of this state;
(3) "Election officials," state and local officials charged with the duty of conducting elections
and the canvass of returns;
(4) "Elector," a person qualified to register as a voter, whether or not the person is registered;
(4A) "Electronic pollbook," an electronic system containing both the registration list and
pollbook;
(5) "General election," the vote required to be taken in each voting precinct of the state on the
first Tuesday after the first Monday in November of each even-numbered year;
(6) "Party office," an office of a political party organization as distinct from a public office;
(7) "Person in charge of an election," or "person charged with the conduct of an election," the
county auditor in all cases except local elections for a municipality, school district,
township, or other political subdivision, in which case it is the officer having the position
comparable to the auditor in that unit of government if not specifically designated by law;
(8) "Petition," a form prescribed by the State Board of Elections, which contains the question
or candidacy being petitioned, the declaration of candidacy if required and the verification
of the circulator. If multiple sheets of paper are necessary to obtain the required number
of signatures, each sheet shall be self-contained and separately verified by the circulator;
(9) "Petition circulator," a resident of the State of South Dakota who is at least eighteen years
of age who circulates nominating petitions or other petitions for the purpose of placing
candidates or issues on any election ballot;
(10) "Political party," a party whose candidate for Governor at the last preceding general
election at which a Governor was elected received at least two and one-half percent of the
total votes cast for Governor;
(10A) "Pollbook" or "poll list," a list containing in numerical order the names of all persons
voting at the election and type of ballot voted;
(10B) "Polling place," a designated place voters may go to vote;
(11) "Primary" or "primary election," an election held at which candidates are nominated for
public office;
(12) "Public office," an elected position in government;
(12A) "Registration list," a list of eligible voters;
(13) "Registered mail," does not include certified mail;
(14) "Registration officials," the county auditor and deputies and other persons authorized to
assist in registration pursuant to chapter 12-4;
(14A) "Vote center," a polling place when the precinct has been defined as the entire jurisdiction
and an electronic pollbook is utilized;
(15) "Voter," a person duly registered to vote or one who is performing the act of voting;
(16) "Independent (IND)" or "no party affiliation (NPA)," 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;
(17) "Independent candidate," notwithstanding the definition of independent as stated in this
chapter, any registered voter regardless of party affiliation who declares to be an
independent candidate for public office pursuant to this chapter;
(18) "Other," any voter who writes a political party not recognized in South Dakota in the
choice of party field on the voter registration form.
Section 2. That § 12-1-13 be amended to read:
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 shall be to the 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 submitting an affidavit as set forth above within thirty days after the petition is filed with
the person in charge of the election.
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 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\075.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\076.wpd
CHAPTER 76
(HB 1087)
A public election notice repealed.
ENTITLED, An Act to repeal the requirement of a certain public election notice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-2-7 be repealed.
Signed February 23, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\077.wpd
CHAPTER 77
(HB 1035)
Voter registration, vote centers, and elections revisions.
ENTITLED, An Act to revise and repeal certain provisions concerning voter registration, vote
centers, and conducting elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-4.11 be repealed.
Section 2. That § 12-14-17 be amended to read:
12-14-17. Notwithstanding any other provision of law, any jurisdiction may conduct an election
using vote centers pursuant to the provisions of this section. The election shall be conducted in
conformance with all applicable election laws and rules with the following exceptions:
(1) The jurisdiction may use vote centers that allow the voters in the jurisdiction to vote at
any one of the vote centers in lieu of establishing precincts and wards for the election;
(2) Any person who is registered to vote and living in the jurisdiction may be appointed as
a polling place superintendent or deputy to any of the vote centers;
(3) Secure, encrypted electronic pollbooks shall be used in lieu of paper registration books;
and
(4) The secretary of state shall prescribe the form of the ballot to be used at vote centers until
the State Board of Elections promulgates rules pursuant to subdivision 12-1-9(2);
(5) The entire jurisdiction is designated as one voting precinct for this election; and
(6) The jurisdiction shall submit a plan for approval to the secretary of state. The Board of
Elections shall promulgate rules pursuant to chapter 1-26 concerning the plan by July 1,
2013.
Section 3. That § 12-18-41 be repealed.
Signed February 12, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\078.wpd
CHAPTER 78
(HB 1036)
Campaign finance requirements improved.
ENTITLED, An Act to revise certain provisions concerning campaign finance requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-6 be amended to read:
12-27-6. The statement of organization shall include:
(1) The name, street address, postal address, and daytime telephone number of the committee;
(2) The name, street address, postal address, and daytime telephone number of the chair and
the treasurer of the committee;
(3) A statement of the type of political committee that has been or is being organized;
(4) In the case of a candidate campaign committee, the committee name, street address, and
name and postal address of the candidate; and
(5) In the case of a political action committee or ballot question committee, a concise
statement of its purpose and goals, and the full name, street address, and postal address
of the organization with which the committee is connected or affiliated, or if the
committee is not connected or affiliated with any one organization, the trade, profession,
or primary interest of the committee;
(6) If the committee is organized as a corporation under federal or state laws for liability
purposes only as authorized by § 12-27-4, a statement affirming such organization; and
(7) The name, street address, postal address, and telephone number of each financial
institution where an account or depository is maintained.
The statement shall be signed by the candidate and treasurer for a candidate campaign committee
and by the chair and treasurer for other political committees or filed electronically pursuant to § 12-27-41. A political committee continues to exist until a termination statement is filed pursuant to
§§ 12-27-25 and 12-27-26.
The treasurer of a political committee shall file an updated statement of organization not later
than fifteen days after any change in the information contained on the most recently filed statement
of organization.
Any correspondence regarding reporting deadlines, delinquent reports, administrative penalties,
and administrative hearings may only be sent to the treasurer listed on the most current statement of
organization on file.
Section 2. That § 12-27-22 be amended to read:
12-27-22. A campaign finance disclosure statement shall be submitted to the secretary of state
by the treasurer of every each:
(1) Candidate or candidate campaign committee for any statewide or legislative office;
(2) Political action committee;
(3) Political Statewide, county, local, or auxiliary committee of any political party;
(4) Ballot Statewide 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; and
(6) Statewide ballot question committee that does not meet the signature requirements for
placement of the ballot issue on the general election ballot, shall submit a termination
report to the secretary of state by 5:00 p.m. on the first Monday in February following the
year the statement of organization was submitted to the secretary of state.
The statement shall be signed and submitted by the treasurer of the political committee or
political party. The statement shall be received by the secretary of state and submitted by 5:00 p.m.
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 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.
Each statewide ballot question committee shall submit a termination report
by 5:00 p.m. no later than the first Monday in February following the year the ballot question was
on the ballot. Any statement submitted pursuant to this section shall be consecutive and shall cover
contributions and expenditures since the last statement submitted.
The following are not required to 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;
(5) A political committee that regularly 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.
Section 3. That chapter 12-27 be amended by adding a NEW SECTION to read:
No campaign finance disclosure statement is required to be submitted under the following
circumstances:
(1) A year-end report for a candidate campaign committee for legislative or county office on
the first Monday in February 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;
(5) A political committee that regularly 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.
Section 4. That § 12-27-24 be amended to read:
12-27-24. A campaign finance disclosure statement shall include the following information:
(1) Political committee or political party name, street address, postal address, city, state, zip
code, daytime and evening telephone number, and e-mail address;
(2) Type of campaign statement (pre-primary, pre-general, mid-year post-primary nonwinner,
year-end, amendment, supplement, or termination);
(3) If a ballot question committee, the ballot question number and whether the committee is
for or against the measure;
(4) The balance of cash and cash equivalents on hand at the beginning of the reporting period;
(5) The total amount of all contributions received during the reporting period;
(6) The total amount of all in-kind contributions received during the reporting period;
(7) The total of refunds, rebates, interest, or other income not previously identified during the
reporting period;
(8) The total of contributions, loans, and other receipts during the reporting period;
(9) The total value of loans made to any person, political committee, or political party during
the reporting period;
(10) The total of expenditures made during the reporting period;
(11) The total amount of all expenditures incurred but not yet paid. An expenditure incurred
but not yet paid shall be reported on each report filed after the date of receipt of goods or
services until payment is made to the vendor. A payment shall be listed as an expenditure
when the payment is made;
(12) The statement shall state the cash balance on hand as of the close of the reporting period;
(13) The total amount of contributions of one hundred dollars or less in the aggregate from one
source received during the reporting period;
(14) The name, residence address, city, and state of each person contributing a contribution of
more than one hundred dollars in the aggregate during the reporting period and the
amount of the contribution. Any contribution from any political committee or political
party shall be itemized. Any contribution from a federal political committee or political
committee organized outside this state shall also include the name and internet website
address of the filing office where campaign finance disclosure statements are regularly
filed for the committee. If all of the information required is not on file, the political
committee or political party may not deposit the contribution;
(15) The statement shall contain the same information for in-kind contributions as for
monetary contributions, and shall also include a description of the in-kind contribution;
(16) Upon the request of the treasurer, a person making an in-kind contribution shall provide
all necessary information to the treasurer, including the value of the contribution;
(17) Any monetary or in-kind contribution made by the reporting political committee or
political party to any political committee, political party, or nonprofit charitable
organization shall be itemized;
(18) A categorical description and the amount of the refunds, rebates, interest, sale of property,
or other receipts not previously identified during the reporting period;
(19) A categorical description and the amount of funds or donations by any organization to its
political committee for establishing and administering the political committee and for any
solicitation costs of the political committee;
(20) The total balance of loans owed by the political committee or political party;
(21) The balance of loans owed by the political committee or political party, itemized by
lender's name, street address, city, and state, including the terms, interest rate, and
repayment schedule of each loan;
(22) The total balance of loans owed to the political committee or political party;
(23) The amount of each loan made during the reporting period. The name, street address, city,
and state of the recipient of the loan;
(24) The balance of each loan owed to the political committee or political party, itemized by
name, street address, city, and state;
(25) The expenditures made during the reporting period shall be categorized. Disbursements
to consultants, advertising agencies, credit card companies, and similar firms shall be
itemized into expense categories. Any contribution made by the reporting political
committee or political party that is not in exchange for any item of value or service shall
be itemized;
(26) The expenditures incurred but not yet paid during the reporting period and to whom the
expenditure is owed;
(27) The amount of each independent expenditure, as defined in this chapter, made during the
reporting period, the name of the candidate, public office holder, or ballot question related
to the expenditure and a description of the expenditure;
(28) The information contained in any statement provided under § 12-27-19; and
(29)
The statement shall include a A certification that the contents of the statement is true and
correct signed by the treasurer of the political committee or political party.
Section 5. That § 12-27-29.2 be amended to read:
12-27-29.2. Any administrative penalty imposed pursuant to § 12-27-29.1 shall be assessed
against the violator by an administrative order of the secretary of state. The order shall state the date
and facts of each violation addressed under the penalty assessed and the citations to the provisions
of each law alleged to be violated. The order shall contain a statement that the violator may request
a contested case hearing on the violation and penalty pursuant to chapter 1-26, by filing a written
request with the secretary of state no later than twenty days after the receipt of the order. The
secretary of state shall serve the order and assessment by certified mail. If not contested within
twenty days of receipt of the order, an administrative order assessing an administrative penalty
constitutes a judgment and may be executed by delivery of a true and correct copy certified by the
secretary of state in the manner provided for the execution of money judgments provided in chapter
15-18.
If a hearing is requested, the matter shall be scheduled for a hearing before the secretary of state
within thirty days from the receipt of the request. The secretary of state shall provide notice of the
hearing consistent with the provisions of § 1-26-17. A final determination by the secretary of state
may be appealed to the circuit court or Supreme Court as provided in chapter 1-26.
If the time to take an appeal has lapsed after the final determination by the secretary of state, the
administrative order assessing an administrative penalty constitutes a judgment and may be executed
by delivery of a true and correct copy certified by the secretary of state in the manner provided for
the execution of judgments in chapter 15-18.
If a committee incurs the maximum penalty fee, does not submit the delinquent report, and a
judgment is executed, the secretary of state may terminate that committee. If a committee is
terminated, the secretary of state shall mail a termination letter to the last address on record for the
treasurer.
Section 6. That § 12-27-42 be amended to read:
12-27-42. Any statement, form, or filing required by this chapter shall be filed with the secretary
of state in the case of a statewide office or legislative office election. Any statement, form, or filing
required by this chapter shall be filed with the county auditor in the case of a county office election,
with the municipal finance officer or clerk in the case of a municipal ballot question election, with
the school business manager in the case of a school district office election, or with the person in
charge of the election in the case of other political subdivisions or special purpose districts.
However, any county, municipality, school district, or other political subdivision may, by resolution,
direct that any statement, form, or filing required by this chapter be electronically filed with the
secretary of state, rather than being filed with the county, municipality, school district, or other
political subdivision.
Signed February 12, 2016
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CHAPTER 79
(HB 1099)
Campaign finance provisions revised.
ENTITLED, An Act to revise certain campaign finance provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-39 be amended to read:
12-27-39. The provisions of this chapter apply to each statewide office, legislative office,
statewide ballot question, county offices and ballot questions in counties with population greater than
five thousand according to the most recent Federal census, ballot questions in first class
municipalities, and school district offices and ballot questions in school districts with more than two
thousand average daily membership. Any municipal or school district election covered by this
chapter shall conform to the contribution limits applicable to legislative offices. This chapter does
not apply to the unified judicial system, nor does this chapter apply to any township or special
purpose district offices or ballot questions or elections for municipal offices. However, the governing
body of any county, township, municipality, school district, or special purpose district not otherwise
covered by this chapter may adopt an ordinance or resolution to make the provisions of this chapter,
with or without amendments, applicable to
county, township,
municipal, school district, or special
purpose district elections.
Signed March 14, 2016
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EDUCATION
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\080.wpd
CHAPTER 80
(SB 133)
Shared services between school districts.
ENTITLED, An Act to revise certain provisions regarding shared services provided by the state to
school districts, the sharing of services of school district employees, the classroom innovation
grant program, and educator mentoring and certification reciprocity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-1-23 be amended to read:
13-1-23. The secretary of education shall accept and distribute in accord with law and in a fair
and equitable manner any commodities, moneys, goods, and services which may be made available
from the state or federal government or from other sources. The goods and services may include
items the state negotiates for centrally and provides to any school district on a voluntary basis at no
cost or reduced cost. The secretary may also contract with any school district or other entity to
provide services to school districts throughout the state.
Section 2. That chapter 13-15 be amended by adding a NEW SECTION to read:
There is hereby established in the Department of Education a shared employee services grant
program. The purpose of the grant program is to provide an incentive for school districts to share an
employee pursuant to § 13-15-1.1. The South Dakota Board of Education shall promulgate rules,
pursuant to chapter 1-26, regarding the application process and timelines, the guidelines and criteria
for eligibility and approval of applications, and the distribution of funds from the shared employee
services grant program, not to exceed the amount appropriated by the Legislature for this program.
Section 3. That § 13-14-15 be amended to read:
13-14-15. There is hereby established in the Department of Education a classroom innovation
grant program. The purpose of the grant program is to provide funding for classroom innovation to
allow classroom teachers to utilize technology in creative and innovative ways to enhance the
learning and achievement of their students. Applications for the innovation grants may be submitted
by individual teachers, school districts, or education service agencies established pursuant to § 13-3-76 developing teacher training and classroom access to virtual education and customized learning
tools and to expand course offerings, enhance recruitment, and increase retention of qualified
instructors and facilitators through the Center for Statewide E-learning at Northern State University.
Section 4. That § 13-42-3 be amended to read:
13-42-3. The South Dakota Board of Education shall promulgate rules, pursuant to chapter 1-26,
establishing to establish the requirements and criteria that an applicant shall meet in order to be
issued a certificate by the secretary as a teacher, administrator, or other educational professional
authorizing the holder of the certificate to accept a position in any elementary or secondary school
in the 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, the procedures for granting reciprocity for any teacher who
is certified to teach in another state and has completed an accredited teacher education program, and
other procedures necessary for the administration of 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 5. That § 13-43-55.1 be amended to read:
13-43-55.1. There is hereby created a program to provide for mentor teachers in South Dakota
school districts which elect to participate the mentoring of teachers new to the profession in South
Dakota school districts. The program shall provide a new teacher access to a mentor teacher for a
period of two years and participation in a summer workshop program following the first year of
employment. The South Dakota Board of Education shall promulgate rules, pursuant to chapter 1-26,
to establish duties and qualifications for teachers to be designated as mentor teachers. Participation
in the program is discretionary with each school district according to a mentor teacher plan adopted
by the school board for the school district.
Signed March 11, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\081.wpd
CHAPTER 81
(HB 1189)
Inspection and review
of a state-mandated academic achievement test.
ENTITLED, An Act to provide for the inspection and review of a state-mandated academic
achievement test taken by a student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-3 be amended by adding a NEW SECTION to read:
The parent of a student to whom an assessment is administered pursuant to § 13-3-55 or the
eligible student may request to inspect and review the assessment of the student after it is scored and
the results are provided to the parent or eligible student. The parent or eligible student shall be
provided with access to the assessment in a secured environment within a reasonable period of time,
but not more than forty-five days after the request is received. The department, through its website,
shall provide parents and school districts with information regarding the process and procedures for
the inspection and review authorized in this section.
For the purposes of this section, the term, parent, and the term, eligible student, are as defined
in 34 C.F.R. § 99.3, as of January 1, 2016.
Signed March 10, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\082.wpd
CHAPTER 82
(SB 5)
Minor school district boundary changes restricted.
ENTITLED, An Act to revise the procedure to initiate a school district boundary change.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-6-18.1 be amended to read:
13-6-18.1. If a plan of reorganization has been is approved pursuant to § 13-6-18, a boundary
change pursuant to § 13-6-84.2 or 13-6-85 may be allowed by a school board only if:
(1) The plan has been rejected by the voters;
(2) The school boards of each district which voted and approved the reorganization plan
concur by majority vote and the minor boundary change is recognized in the plan; or
(3) The plan is operative pursuant to § 13-6-61.
Section 2. That § 13-6-84 be amended to read:
13-6-84. The school board of a school district may approve or disapprove proposed propose to
change the boundary changes of the school district and exchange land with another school district
under conditions criteria described in §§ 13-6-84.1 to 13-6-84.3, inclusive, 13-6-85, and 13-6-86.
Section 3. That § 13-6-84.1 be amended to read:
13-6-84.1. In all each proposed changes change in a school district boundaries, the following
conditions shall prevail:
(1) The
district's boundary or land exchange, the boundary of the area proposed to be
transferred shall be coterminous at some point detached, annexed, or exchanged must
have a common boundary with the common boundary of the two involved school districts.
Land owned by the federal, state, or local governments and unoccupied land may be
included in the request;
(2) Children must reside within the boundary of the area to be transferred, unless it is an area
change initiated by a school board as provided in § 13-6-84.2
proposal.
Section 4. That § 13-6-84.2 be amended to read:
13-6-84.2. A boundary change between school districts may be initiated by a resolution of intent
to make a boundary change by the school board of a district. The initiating board shall, within five
days of passage of the resolution of intent, forward a copy of the resolution to all affected districts.
The school boards of the affected districts shall act upon the resolution of intent during their next
meeting. Within thirty days of the passage of the resolution of intent by each district a public hearing
shall be held by the boards of each district. Within thirty days of the public hearing, and if no petition
for election has been filed pursuant to § 13-6-84.3, the school boards of each district shall meet and
take final action on the resolution of intent. If the resolutions of all districts favor a boundary change,
the resolutions shall be forwarded to the county commissioners having jurisdiction over the school
districts affected. The county commissioners shall act pursuant to § 13-6-87. Nothing in this Act
compels a school board to act if the school board is unwilling to exchange any land within its
boundary. The exchange of land between each school district may only be made if each school board
is willing to exchange the land. If a school district is willing to detach, annex, or exchange land, the
involved school district shall adopt a resolution of intent to exchange land with the other school
district. The resolution of intent shall contain the following:
(1) The name of each school district involved and a legal description of the land in each
school district proposed to be exchanged through the detachment and annexation of land
by each school district;
(2) A map of the area proposed to be detached and annexed by each involved school district;
(3) A statement certified by the county auditor setting forth the amount of the assessed
valuation of the area to be detached and annexed, the total assessed valuation of the
school district from which the area is proposed to be detached and the school district to
which the area is proposed to be annexed, and the amount of any bonded indebtedness or
judgments against each school district; and
(4) A statement that the school district will request an appraisal to be completed by a certified
appraiser that shows the fair market value of the land proposed to be detached and
annexed by each of the involved school districts. Each of the involved school districts
shall approve the certified appraiser completing the appraisal, and shall pay one-half of
the cost of the appraisal. If a school district does not agree with an appraisal, the school
district may, within thirty days of the receipt of the appraisal and at its own expense, order
another appraisal from a different certified appraiser.
The school board of each involved school district shall, within five days of the passage of the
resolution of intent, forward a copy of the resolution to the other school district and to the
Department of Education. The school board of each involved school district shall acknowledge
receipt of the resolution of intent at its next school board meeting, and representatives from both of
the involved school districts shall meet and mutually agree on a certified appraiser to complete the
appraisal.
A school board may object to the appraisal within forty-five days of acknowledging the receipt
of the appraisal. Unless a school board objects, the school board of each involved school district
shall, within sixty days of acknowledging the receipt of the appraisal, schedule a public hearing to
consider the proposed land exchange. Following the public hearing, the school board of each
involved school district shall either approve or reject the land exchange. Notwithstanding any other
provision in law, a decision by a school board to reject the land exchange does not create any cause
of legal action against the school district or school board, or constitute grounds for an appeal
pursuant to § 13-46-1. If the action of each of the involved school districts approves a land exchange
and no petition for an election is filed pursuant to § 13-6-84.3, the resolutions approving the land
exchange shall be forwarded to the county commissioners having jurisdiction over the involved
school districts. The county commissioners shall act pursuant to § 13-6-87.
Section 5. That § 13-6-85 be repealed.
Section 6. That § 13-6-85.1 be repealed.
Section 7. That § 13-6-86 be amended to read:
13-6-86. The petitions and resolutions A resolution for a proposed boundary change shall
contain, but not be limited to, includes the following information based on the final plan for
detachment and annexation:
(1) The names of the school districts involved and a correct the legal 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 the area is to be detached and the district to which such the
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 detached, the amount of the assessed valuation of
the area to be annexed, the total assessed valuation of the school district from which the
area is proposed to be removed detached, and the amount of any bonded indebtedness or
judgments against the school district;
(4) An appraisal completed by a certified appraiser that shows the fair market value of the
land proposed to be detached and annexed. The appraisal shall be completed by a certified
appraiser approved by the school board of each involved school district, and each
involved school district shall pay one-half of the cost of the appraisal. If an involved
school district does not agree with the appraisal, the school district may, within thirty days
of receipt of the appraisal and at its own expense, request another appraisal from a
different certified appraiser. The appraisal shall include the potential fair market value of
the land to be detached and annexed as if the land was fully developed as determined by
consideration of the current zoning, the nearest municipality's proposed zoning for the
next ten years, and the nearest municipality's comprehensive plan; and
(5) The ownership interests in the land.
Section 8. That § 13-6-86.1 be repealed.
Section 9. That § 13-6-89 be repealed.
Section 10. That chapter 13-6 be amended by adding a NEW SECTION to read:
Nothing in §§ 13-6-84, 13-6-84.1, and 13-6-84.2 affects a school district's authority to reorganize
pursuant to §§ 13-6-10, 13-6-13, and 13-6-18.
Section 11. That chapter 13-6 be amended by adding a NEW SECTION to read:
If a school district proposes to close a rural attendance center, any landowner who has students
attending the attendance center that is proposed to be closed may petition the school board to transfer
their land to an adjacent school district with a common boundary with the landowner.
Notwithstanding any other provision of law, a decision by a school board to reject the petition, in
total or in part, does not create a cause of action against the school district or school board, or
constitute grounds for an appeal pursuant to § 13-46-1. For the purposes of this chapter, a rural
attendance center is an attendance center that is at least ten miles from the corporate limits of any
incorporated municipality.
Section 12. That § 13-6-13 be amended to read:
13-6-13. The plan shall contain:
(1) A map or maps showing the boundaries of the proposed district or districts, the
boundaries of the existing districts involved, the location of existing and proposed
attendance centers and a description of the facilities, and the proposed school bus routes,
if any;
(2) A legal description of the boundaries of the proposed district or districts;
(3) Estimates of the school age population within the proposed district or districts;
(4) The assessed valuation of all taxable property of each existing district and of the proposed
district or districts;
(5) Outstanding general obligation bonds of any component district, funds in all school
accounts and estimated receipts in all accounts in process of collection;
(6) If a joint district, the designation of the county of jurisdiction;
(7) The official name of the proposed district;
(8) A statement with regard to a proposed method of adjustment of assets and liabilities;
(9) The proposed number of school board members if a new entity is to be created;
(10) A description of the proposed educational program;
(11) A reasonably detailed budget showing estimated annual receipts and expenditures for the
operation of the proposed district or districts;
(12) A statement recognizing any requests for minor boundary changes process for a
landowner to request their land be transferred to another school district when their land
is adjacent to a school district other than a school district involved in the reorganization;
(13) Such additional information as may be necessary to show compliance with the standards
for school districts as adopted by the South Dakota Board of Education.
If the plan proposes the dissolution and annexation of a school district to one or more school
districts, the school board of the receiving district, or districts, shall by resolution express their
acceptance or rejection of all or part of the district to be dissolved as set forth in the proposed plan.
If the school boards of two or more school districts are developing a plan to consolidate, and
two-thirds of the members of each affected school board agree, the plan may also include the
provisions of an excess tax levy authorized in § 10-12-43 if an excess tax levy currently exists in one
or more of the school districts. If the plan is approved by the voters, the proposed excess tax levy
may be applied in the new consolidated school district. If a proposed excess tax levy is included in
the plan, the plan shall state the amount of the proposed excess tax levy. The proposed excess tax
levy may be applied for taxes payable in any of the five years following the date of reorganization.
In addition, each school board involved in the development of the plan shall announce the inclusion
of the proposed excess tax levy in the plan to the taxpayers in the manner set forth in § 10-12-43.
Section 13. That chapter 13-6 be amended by adding a NEW SECTION to read:
Notwithstanding any other provision of law, a decision by a school board to reject the request
to transfer land submitted pursuant to subdivision 13-6-13(12), in total or in part, does not create any
cause of action against the school district or school board, or constitute grounds for an appeal
pursuant to § 13-46-1.
Signed March 11, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\083.wpd
CHAPTER 83
(SB 131)
Teacher salary and a target teacher ratio, education funding,
and the School Finance Accountability Board,
ENTITLED, An Act to establish a target teacher salary and a target teacher ratio, to revise certain
provisions regarding education funding, to create the School Finance Accountability Board, and
to provide for certain school district reporting and penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-10-6 be repealed.
Section 2. Section 1 of this Act is effective on January 1, 2017.
Section 3. That § 13-11-3 be amended to read:
13-11-3. The school district shall report the amount budgeted to the county auditor before
October first on forms prescribed by the county auditor. The county auditor shall spread a levy in
dollars and cents over the taxable property of the school district sufficient to raise the money
requested by the school district subject to the legal dollars and cents limitations on any of the funds
as provided by law. For the general fund, and special education fund, capital outlay fund, and
pension fund, the school district may report the levy in dollars or dollars per one thousand dollars
of taxable valuation.
Section 4. That § 13-13-10.1 be amended to read:
13-13-10.1. Terms used in this chapter mean The education funding terms and procedures
referenced in this chapter are defined as follows:
(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 fall enrollment 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 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 "Target teacher ratio factor," is:
(a) For school districts with a fall enrollment of two hundred or less, the target teacher
ratio factor is 12;
(b) For districts with a fall enrollment of greater than two hundred, but less than six
hundred, the target teacher ratio factor is calculated as follows:
(1) Multiplying the fall enrollment by .00750;
(2) Adding 10.50 to the product of subsection (b)(1);
(c) For districts with a fall enrollment of six hundred or greater, the target teacher ratio
factor is 15.
The fall enrollment used for the determination of the target teacher ratio 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 by multiplying 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 2016 is $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 "Target teacher salary," for school fiscal year 2017 is
$48,500. Each school fiscal year thereafter, the target teacher salary is the previous fiscal
year's target teacher salary increased by the index factor;
(4A) "Target teacher benefits," is the target teacher salary multiplied by twenty-nine percent;
(4B) "Target teacher compensation," is the sum of the target teacher salary and the target
teacher benefits;
(4C) "Overhead rate," is thirty-one percent.
Beginning in school fiscal year 2018, the overhead rate shall be adjusted to take into
account the sum of the amounts that districts exceed the other revenue base amount;
(5) "Local need," is the sum of calculated as follows:
(a) The per student allocation multiplied by the fall enrollment Divide the fall
enrollment by the target teacher ratio factor;
(b) The small school adjustment, if applicable, multiplied by the fall enrollment; and
If applicable, divide Limited English proficiency (LEP) adjustment pursuant to
subdivision (2D) by the target teacher ratio factor;
(c) The limited English proficiency (LEP) adjustment, calculated pursuant to
subdivision (2D), if applicable Add the results of subsections (a) and (b);
(d) Multiply the result of subsection (c) by the target teacher compensation;
(e) Multiply the product of subsection (d) by the overhead rate;
(f) Add the products of subsections (d) and (e);
(g) 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)(h) 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;
(5A) "Alternative per student need," is calculated as follows:
(a) Add the total need for each school district for school fiscal year 2016, including the
small school adjustment and the limited English proficiency adjustment, to the
lesser of the amount of funds apportioned to each school district in the year
preceding the most recently completed school fiscal year or school fiscal year 2015
pursuant to §§ 13-13-4, 23A-27-25, 10-33-24, 10-36-10, 11-7-73, 10-35-21, and
10-43-77;
(b) Divide the result of (a) by the September 2015 fall enrollment, excluding any
adjustments based on prior year student counts;
(5B) "Alternative local need," is the alternative per student need multiplied by the fall
enrollment, excluding any adjustments based on prior year student counts;
(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. Beginning on July 1, 2017, local
effort will include the amount of funds apportioned to each school district in the year
preceding the most recently completed school fiscal year pursuant to §§ 10-33-24,
10-35-21 as provided by subdivision (6B), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and
23A-27-25 and that exceeds the other revenue base amount.
For the period July 1, 2016, through December 31, 2016, inclusive, local effort includes
the amount of ad valorem taxes generated by applying the levies established pursuant to
§ 13-10-6 during this period;
(6A) "Other revenue base amount," for school districts not utilizing the alternative local need
calculation is the amount of funds apportioned to each school district pursuant to
§§ 10-33-24, 10-35-21 as provided by subdivision (6B), 10-36-10, 10-43-77, 11-7-73,
13-13-4, and 23A-27-25 calculated as follows:
(a) Beginning on July 1, 2017, equals the greatest of the amounts of the funds
apportioned to each school district pursuant to §§ 10-33-24, 10-35-21 as provided
by subdivision (6B), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25 for
school fiscal years 2013, 2014, and 2015;
(b) Beginning on July 1, 2018, multiply eighty percent times subsection (a);
(c) Beginning on July 1, 2019, multiply sixty percent times subsection (a);
(d) Beginning on July 1, 2020, multiply forty percent times subsection (a);
(e) Beginning on July 1, 2021, multiply twenty percent times subsection (a);
(f) Beginning on July 1, 2022, is zero.
For school districts utilizing the alternative local need calculation, the other revenue base
amount is zero until such time the school district chooses to no longer utilize the
alternative local need calculation. At that time, the other revenue base amount is
calculated as defined above.
For a school district created or reorganized after July 1, 2016, the other revenue base
amount is the sum of the other revenue base amount for each district before
reorganization, and the new school district may not utilize the alternative local need
calculation.
In the case of the dissolution and annexation of a district, the other revenue base amount
of the dissolved school district will be prorated based on the total number of students in
the fall enrollment as defined in subdivision (2A) who attend each district to which area
of the dissolved district were annexed to in the first year of reorganization. The amount
apportioned for each district will be added to the annexed districts' other revenue base;
(6B) Wind energy tax revenue," any wind energy tax revenue apportioned to school districts
pursuant to § 10-35-21 from a wind farm producing power for the first time before July 1,
2016, shall be considered local effort pursuant to subdivision (6) and other revenue base
amount pursuant to subdivision (6A). However, any wind energy tax revenue apportioned
to a school district from a wind farm producing power for the first time after June 30,
2016, one hundred percent shall be retained by the school district to which the tax revenue
is apportioned for the first five years of producing power, eighty percent for the sixth year,
sixty percent for the seventh year, forty percent for the eighth year, twenty percent for the
ninth year, and zero percent thereafter;
(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 "Per student equivalent,"
for funding calculations that are determined on a per student basis, the per student
equivalent is calculated as follows:
(a) Multiply the target teacher compensation times the sum of one plus the overhead
rate;
(b) Divide subsection (a) by 15;
(8) "Monthly cash balance," the total amount of money for each month in the school district's
general fund, calculated by adding all deposits made during the month to the beginning
cash balance and deducting all disbursements or payments made during the month;
(9) "General fund base percentage," is determined as follows:
(a) Forty percent for a school district with a fall enrollment as defined in subdivision
(2A) of two hundred or less;
(b) Thirty percent for a school district with fall enrollment as defined in subdivision
(2A) of more than two hundred but less than six hundred; and
(c) Twenty-five percent for a school district with fall enrollment as defined in
subdivision (2A) greater than or equal to six hundred.
When determining the general fund base percentage, the secretary of the Department of
Education shall use the lesser of the school district's fall enrollment as defined in
subdivision (2A) for the current school year or the school district's fall enrollment from
the previous two years;
(10) "Allowable general fund cash balance," the general fund base percentage multiplied by
the district's general fund expenditures in the previous school year.
Section 5. That § 13-13-10.4 be amended to read:
13-13-10.4. For the purposes of subdivisions 13-13-10.1(1) and 13-13-10.1(1A), a pupil or § 13-13-10.1, a student is enrolled if:
(1) The pupil or student is less than twenty-one years of age on the first day of July or meets
the requirements of § 13-28-5 and 13-28-6; and
(2) The pupil or student has not completed an approved program or graduated from high
school; and
(3) The pupil's or student's parent or guardian resides within the school district, or in the case
of an emancipated minor the pupil or student resides within the district or the pupil or
student has been properly assigned to the district or has been approved to attend school
in the district under the terms of the enrollment options program established in § 13-28-40; and
(4) The
pupil or student is not simultaneously enrolled in any other school district and has not
been excused from school attendance under the terms of § 13-27-1.1 or 13-27-2.
Section 6. That § 13-13-10.5 be amended to read:
13-13-10.5. For purposes of state aid to education, a student enrolled pursuant to § 13-28-41 or
13-28-51 shall be counted in a school's average daily membership fall enrollment as defined in
subdivision 13-13-10.1(1) § 13-13-10.1 in a proportion equal to the share of the student's enrollment
in the school.
Section 7. That § 13-13-72 be amended to read:
13-13-72. It is the policy of the Legislature that the appropriation for state aid to education
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. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid by local
effort and state aid shall be adjusted annually to maintain the proportion between state aid and local
property taxes and to reflect adjustments in local effort due to the implementation of the other
revenue base amount as defined in § 13-13-10.1.
Section 8. That § 13-13-72.1 be amended to read:
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. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid
by local effort and state aid shall be adjusted annually to reflect adjustments in local effort due to the
implementation of the other revenue base amount as defined in § 13-13-10.1. 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 target teacher salary as defined in § 13-13-10.1(4) 13-13-10.1 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 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.
Section 9. That § 13-13-73 be amended to read:
13-13-73. No later than July 1, 2016, a school district shall notify the secretary of education in
writing as to whether the school district's state aid is to be calculated using the alternative local need
calculation. If a school district chooses the alternative local need calculation, the school district shall
notify the secretary in writing no later than July first of each subsequent fiscal year as to whether to
continue to use the alternative local need calculation for that fiscal year. If a school district chooses
not to use the alternative local need calculation, the school district may not use that calculation in
any subsequent school year. The secretary of the Department of Education shall compute state aid
to education for each school district 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 For school districts not utilizing the alternative local need calculation, state aid is
(a) local need as defined in § 13-13-10.1 minus local effort, or (b) zero if the calculation
in (a) is a negative number;
(4)(2) For school districts utilizing the alternative local need calculation, state aid is the
alternative local need as defined in subdivision 13-13-10.1(5B) minus local effort, or zero
if the calculation is a negative number;
(3) 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 10. That § 13-13-79 be amended to read:
13-13-79. At the same time that 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 equivalent 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 in any fiscal year.
Section 11. That § 13-13-82 be amended to read:
13-13-82. An eligible school district shall receive an amount equal to the per student allocation
equivalent as defined in subdivision 13-13-10.1(4) § 13-13-10.1 multiplied by the number of eligible
students included in its fall enrollment as defined in subdivision 13-13-10.1(2A) § 13-13-10.1.
Section 12. That § 13-13-87 be amended to read:
13-13-87. A school district providing education for children in a residential treatment center or
intensive residential treatment center shall receive an amount equal to the current year's per student
allocation equivalent as defined in subdivision 13-13-10.1(4) § 13-13-10.1 multiplied by the average
daily membership, in the prior school year, for residentially-placed students attending each
residential treatment center or intensive residential treatment center for whom tuition is paid by
another school district pursuant to § 13-28-11. This section applies only to an educational program
provided through a school district.
Section 13. That § 13-16-7 be amended to read:
13-16-7. The school board of any school district of this state may at its discretion authorize an
annual levy of a tax not to exceed three dollars per thousand dollars of taxable valuation on the
taxable valuation of the district for the capital outlay fund for assets as defined by § 13-16-6 or for
its obligations under a resolution, lease-purchase agreement, capital outlay certificate, or other
arrangement with the Health and Educational Facilities Authority. Taxes collected pursuant to such
levy may be irrevocably pledged by the school board to the payment of principal of and interest on
installment purchase contracts or capital outlay certificates entered into or issued pursuant to § 13-16-6 or 13-16-6.2 or lease-purchase agreements or other arrangement with the Health and
Educational Facilities Authority and, so long as any capital outlay certificates are outstanding,
installment agreement payments, lease-purchase agreements, or other arrangements are unpaid, the
school board of any district may be compelled by mandamus or other appropriate remedy to levy an
annual tax sufficient to pay principal and interest thereon, but not to exceed the three dollars per
thousand dollars of taxable valuation in any year authorized to be levied hereby.
For taxes payable in 2011, the total amount of revenue payable from the levy provided in this
section may not increase more than the lesser of three percent or the index factor, as defined in § 10-13-38, over the maximum amount of revenue that could have been generated for the taxes payable
in 2010. After applying the index factor, a school district may increase the revenue payable from
taxes on real property above the limitations provided by this section by the percentage increase of
value resulting from any improvements or change in use of real property, annexation, minor
boundary changes, and any adjustments in taxation of real property separately classified and subject
to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-31.4, only if assessed the same as property of equal value. A school district may increase the revenue
it receives from taxes on real property above the limit provided by this section for taxes levied to pay
the principal, interest, and redemption charges on any bonds issued after January 1, 2009, which are
subject to referendum; for scheduled payment increases on bonds, and for a levy directed by the
order of a court for the purpose of paying a judgment against the school district. Any school district
created or reorganized after January 1, 2009, is exempt from the limitation provided by this section
for a period of two years immediately following its creation.
For taxes payable in 2012, 2013, 2014, and 2015, the The total amount of revenue payable from
the levy provided in this section may not increase
annually by more than the lesser of three percent
or the index factor, as defined in § 10-13-38, over the maximum amount of revenue that could have
been generated
for from the taxes payable in
2010 plus any unused index factor from the previous
years 2016. After applying the index factor, a school district may increase the revenue payable from
taxes on real property above the limitations provided by this section by the percentage increase of
value resulting from any improvements or change in use of real property, annexation, minor
boundary changes, and any adjustments in taxation of real property separately classified and subject
to statutory adjustments and reductions under chapters 10-4, 10-6, 10-6A, and 10-6B, except § 10-6-31.4, only if assessed the same as property of equal value. A school district may increase the revenue
it receives from taxes on real property above the limit provided by this section for taxes levied to pay
the principal, interest, and redemption charges on any bonds issued after January 1, 2009, which are
subject to referendum, scheduled payment increases on bonds and for a levy directed by the order
of a court for the purpose of paying a judgment against such school district. Any school district
created or reorganized after January 1,
2009 2016, is exempt from the limitation provided by this
section for a period of two years immediately following its creation.
For taxes payable in 2011, 2012, 2013, 2014, and 2015, the levy limitation of three dollars per
thousand dollars of taxable valuation does not apply to any school district. In no year may the annual
tax levy provided in this section exceed three dollars per thousand dollars of taxable valuation of the
school district for the current year.
Starting with taxes payable in 2021, a school district is limited to the maximum taxes allowed
pursuant to this section or two thousand eight hundred dollars for each enrolled student as
determined in the fall enrollment count set forth in § 13-13-10.1, whichever is less. For 2022 and
subsequent years, the maximum amount for each enrolled student shall increase by the lesser of three
percent or the index factor, as defined in § 10-13-38. The maximum amount for each enrolled
student does not apply to any school district that has irrevocably pledged taxes collected to the
payment of principal and interest on installment purchase contracts or capital outlay certificates
entered into or issued pursuant to § 13-16-6 or 13-16-6.2 or lease-purchase agreements or other
arrangement with the Health and Educational Facilities Authority, if the obligation was entered into
before July 1, 2016, and the limitation would cause the school district to default on its obligation if
limited pursuant to this section.
Section 14. That § 13-16-7.1 be repealed.
Section 15. That § 13-16-6 be amended to read:
13-16-6. The capital outlay fund of the school district is a fund provided by law to meet
expenditures which result in the acquisition or lease of or additions to real property, plant, or
equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds,
construction of facilities, additions to facilities, remodeling of facilities, or for the purchase or lease
of equipment. It may also be used for installment or lease-purchase payments for the purchase of real
property, plant, or equipment, which have a contracted terminal date not exceeding twenty years
from the date of the installment contract or lease-purchase and for the payment of the principal of
and interest on capital outlay certificates issued pursuant to § 13-16-6.2.
Any purchase of one thousand dollars or less may be paid out of the general fund. The total
accumulated unpaid principal balances of such installment contracts and lease-purchase and the
outstanding principal amounts of such capital outlay certificates may not exceed three percent of the
taxable valuation. The school district shall provide a sufficient levy each year under the provisions
of § 13-16-7 to meet the annual installment contract, lease-purchase, and capital outlay certificate
payments, including interest.
A school district which contracts its student transportation may expend from the capital outlay
fund an amount not to exceed fifteen percent of the contract amount. In addition, a school district
which reimburses for mileage instead of providing transportation pursuant to § 13-30-3, may use the
capital outlay fund to pay for fifteen percent of its mileage reimbursement costs.
The capital outlay fund may be used to purchase textbooks and instructional software.
The capital outlay fund may be used to purchase warranties on capital assets if the warranties do
not include supplies.
During the period of time beginning on July 1, 2009, and ending on June 30, 2018, any A school
district may
make payments transfer from its capital outlay fund
for the purchase of property
insurance and casualty insurance, for payments for energy costs and the cost of utilities, and for
motor fuel or for any portion of a contract providing transportation to students or for any mileage
reimbursements. However, the total amount that a school district expends from its capital outlay fund
for these expenses may to its general fund an amount not
to exceed forty-five percent of the total tax
revenues deposited in that fund during the current school fiscal year
, and for any school district with
a current tax levy for the capital outlay fund that is greater than its tax levy for the capital outlay fund
in school fiscal year 2008, the total amount expended from the capital outlay fund for these expenses
may not exceed forty-five percent of the total tax revenues that would have been deposited in that
fund during the current school fiscal year if the tax levy for the capital outlay fund had not been
increased since 2008.
Section 16. That § 13-16-26 be amended to read:
13-16-26. All or any part of a surplus of any school district fund, except the capital outlay fund
provided by §§ 13-16-6 to 13-16-9, inclusive, and the special education fund provided by § 13-37-16
may be transferred to any other school district fund. Only a school district with a plan for
reorganization that has been approved by the voters pursuant to § 13-6-47 after July 1, 2007 may
transfer within twelve months before the effective date of the reorganization all or any part of a
surplus in the capital outlay fund to the general fund. Any unused portion of money that has been
transferred into the special education fund may be transferred from the special education fund within
the current fiscal year to the fund from which it originated. All or any part of any school district fund
may be loaned to any other school district fund for a term not to exceed twenty-four months.
The restriction on a transfer from the capital outlay fund in this section does not apply to any
transfer from the capital outlay fund to the general fund as authorized in § 13-16-6.
Section 17. That § 13-28-11 be amended to read:
13-28-11. If a child is residing in a residential treatment center or an intensive residential
treatment center which provides care for children who are not living with their parents or guardian,
the school residence of the child is the school district where the parents or guardian reside, subject
to the provisions of § 13-28-9.
The school district where a residential treatment center or intensive residential treatment center
is located is responsible for providing an educational program for the children who reside in the
residential treatment center or intensive residential treatment center. Tuition for a child enrolled in
a public school district is the responsibility of the school district where the child was enrolled at the
time of placement in the residential treatment center or intensive residential treatment center. The
amount of tuition paid by that school district for any child placed in a residential treatment center
or intensive residential treatment center who is not eligible for special education services at the time
of placement shall be calculated as follows:
(1) Divide the current per student allocation equivalent as defined in subdivision 13-13-10.1(4) § 13-13-10.1 by one hundred seventy-five; and
(2) Multiply the result obtained in subdivision (1) by the number of days the child is placed.
This section applies only to a residential treatment center or intensive residential treatment center
that provided an educational program through a school district in the 2013-2014 school year or that
initiates an educational program through a school district in a subsequent school year. This section
does not apply to any placement by the Unified Judicial System, the Department of Corrections, the
Department of Social Services, or any entity approved by the Department of Social Services,
including a foster home.
Section 18. That § 13-28-19.1 be amended to read:
13-28-19.1. If a school district that was contracting pursuant to § 13-15-11, dissolves and is
annexed to another school district prior to before July 1, 2010, the school board for the school district
to which the former contracting school district is annexed shall, for the current school year and for
each school year thereafter, assign the students who reside in land area that was part of the former
contracting district to the school that was receiving the students under the contract. The rate of
tuition paid per year to the receiving school district may not be less than the per student allocation
equivalent as defined in § 13-13-10.1 for that school fiscal year. In addition, the school district to
which the former contracting school district is annexed may compensate the receiving school district
for all or any portion of the transportation or other costs associated with the students attending school
in the receiving school district. If the parent or guardian of a student assigned to a school district in
a bordering state pursuant to this section disapproves of the student's assignment, the school board
shall assign that student to an attendance center within the district. However, notwithstanding any
other provision of law, the school district is not required to provide transportation to that student.
Section 19. That § 13-28A-2.1 be amended to read:
13-28A-2.1. Any agreement to allow the regulation of tuition paid between South Dakota school
districts and a bordering state's school districts entered into pursuant to this chapter shall specify the
tuition rate to be paid by all local school districts on behalf of students enrolled in the school district
of a bordering state. However, no tuition regulation program agreement established pursuant to § 13-28A-1 may specify a rate of tuition that is greater than one hundred ten percent of the per student
allocation equivalent as defined in subdivision 13-13-10.1(4) § 13-13-10.1.
Section 20. That § 13-28A-14 be amended to read:
13-28A-14. If the rate of tuition specified in a tuition regulation program agreement established
pursuant to § 13-28A-1 is greater than the per student allocation equivalent as defined in subdivision
13-13-10.1(4) § 13-13-10.1, any South Dakota school district that pays tuition to a bordering state
school district in accordance with that agreement is entitled to the difference between the rate of
tuition and the per student allocation equivalent for each student for whom tuition is paid.
If the rate of tuition specified in a tuition regulation program agreement established pursuant to
§ 13-28A-1 is less than the per student
allocation equivalent, any South Dakota school district that
receives tuition from a bordering state school district in accordance with that agreement is entitled
to the difference between the per student
allocation equivalent and the rate of tuition for each student
for whom tuition is received.
The entitlements created in this section shall be paid out of money appropriated in the general
appropriations act for state aid to education.
Section 21. That § 13-55-49 be amended to read:
13-55-49. The amount of the scholarship shall be calculated as follows:
(1) Multiply the per student allocation as defined in subdivision 13-13-10.1(4) by seventy-five percent; and
(2) Multiply the result of subdivision (1) by the percentage of the statewide local need as
defined in subdivision 13-13-10.1(5) that is paid with funds appropriated for state aid to
general education pursuant to chapter 13-13 one thousand five hundred dollars for the first
year of attendance.
One half of the award shall be paid to an approved institution on behalf of any eligible student
there enrolled at the beginning of the fall semester, and the other half shall be paid in the same
manner at the beginning of the spring semester. A student
must shall be enrolled full-time during the
spring semester in order to receive the second installment.
Section 22. That the code be amended by adding a NEW SECTION to read:
There is hereby created the Teacher Compensation Review Board within the Department of
Education. The board shall review teacher compensation, including comparable wage indexes, in
surrounding states at the completion of every three school years. The board will report its findings
to the Governor and the Legislature no later than September 30, 2018, and by September thirtieth
in every third year thereafter.
The initial appointment of the members to the board shall be made no later than March 1, 2018.
The members shall serve a term of three years.
The board 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 the same 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 the same
political party; and
(3) Three members appointed by the Governor.
Section 23. That the code be amended by adding a NEW SECTION to read:
There is hereby created the School Finance Accountability Board within the Department of
Education. The board shall consist of five members appointed by the Governor. The members shall
serve a term of four years.
The board may recommend that the provisions of section 24 of this Act be waived for a school
district if the district can demonstrate that its lowest monthly general cash fund cash balance
percentage is the result of special circumstances.
The board may recommend that a penalty against a school district imposed under section 27 of
this Act be waived, in whole or in part, if the district can demonstrate that its failure to comply with
section 27 of this Act is due to special circumstances.
The School Finance Accountability Board shall promulgate rules pursuant to chapter 1-26 to
establish the appeals process provided for in section 27 of this Act, and to establish the factors that
may be considered in considering a waiver requested by a school district, which shall include the
impact of retirements.
Any waivers of sections 24 or 27 of this Act recommended by the School Finance Accountability
Board must be approved by the Joint Committee on Appropriations or the Interim Committee on
Appropriations. The Department of Education shall annually report to the Governor and the
Legislature the information collected pursuant to § 13-8-47 and section 27 of this Act.
Section 24. That the code be amended by adding a NEW SECTION to read:
Beginning on July 1, 2018, a school district's state aid for general education as calculated
pursuant to § 13-13-73 shall be reduced by subtracting the allowable general fund cash balance from
the lowest general fund monthly cash balance. If the result is less than zero, the reduction equals
zero.
A school district created or reorganized after July 1, 2016, is exempt from the reduction provided
by this section for a period of three years immediately following its creation.
Section 25. That the code be amended by adding a NEW SECTION to read:
The pension fund of the school district is provided for the purpose of financing payments to the
South Dakota Retirement System and to finance pensions to retired employees of a school district
that has established a pension system. Upon discontinuance of the pension fund any unexpended
balance shall be transferred to the general fund. This section is repealed on July 1, 2020.
Section 26. That § 13-8-47 be amended to read:
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
report shall also contain the following information for the district from the preceding fiscal year:
(1) Total teacher compensation, which is defined as the total amount spent on instructional
salaries and benefits for certified instructional staff;
(2) The total amount spent on instructional salaries for certified instructional staff;
(3) The total amount spent on benefits for certified instructional staff;
(4) The total number of certified instructional staff employed by the school district; and
(5) Any other information necessary to comply with the provisions of this Act.
The business manager, with the 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.
Section 27. That the code be amended by adding a NEW SECTION to read:
The Department of Education shall calculate the following for each school district:
(1) The average teacher salary, based on data collected pursuant to §§ 13-8-47 and 13-3-51;
(2) The increase in local need pursuant to § 13-13-10.1, excluding any effect due to change
in the school district's fall enrollment and less the amount of revenue generated in school
fiscal year 2016 pursuant to § 13-10-6 as a percentage increase, from fiscal year 2016 to
fiscal year 2017; and
(3) The increase in average teacher compensation as a percentage increase, as defined in
§ 13-8-47, from fiscal year 2016 to fiscal year 2017.
For each school district, the district's increase in average teacher compensation from fiscal year
2016 to 2017 shall be equal to at least eighty-five percent of the district's increase in local need, as
defined in subdivision (2), from fiscal year 2016 to fiscal year 2017 and, notwithstanding any
negotiated agreement, at least eighty-five percent of the increase in state aid to general education
funding the school district receives for fiscal year 2017 less the amount of revenue generated in fiscal
year 2016 pursuant to § 13-10-6 shall be used to increase instructional salaries and benefits for
certified instructional staff.
If a district fails to comply with the requirements of this section, state aid to general education
funding to the district in fiscal year 2018 shall be decreased by an amount equal to fifty percent of
the amount calculated in subdivision (2). For fiscal years 2019, 2020, and 2021, if a district's average
teacher compensation is less than the district's average teacher compensation in fiscal year 2017,
state aid to general education funding to the district in the following fiscal year shall be reduced by
an amount equal to five hundred dollars for each teacher employed in the school district.
A school district may request a waiver from any penalty imposed under this section from the
School Finance Accountability Board.
Section 28. That the code be amended by adding a NEW SECTION to read:
It is the intent of the Legislature that any money appropriated for teacher compensation using the
education funding plan included in this Act be used to directly improve teacher recruiting and
retention and that the school districts advance this goal by increasing starting teacher salaries and
providing for the rapid acceleration of teacher salaries for those below the midpoint in that teacher's
applicable pay scale.
Signed March 11, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\083.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\084.wpd
CHAPTER 84
(SB 8)
Postsecondary technical institute credentialing changed.
ENTITLED, An Act to revise certain provisions regarding background investigations for prospective
employees of the postsecondary technical institutes and to transfer certain funds regarding
postsecondary technical credentialing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-10-12 be amended to read:
13-10-12. Each person over eighteen years of age hired by a school district shall submit to a
criminal background investigation, by means of fingerprint checks by the Division of Criminal
Investigation and the Federal Bureau of Investigation. The school district shall submit completed
fingerprint cards to the Division of Criminal Investigation before the prospective new employee
enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be
forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a
national criminal history record check. Any person whose employment is subject to the requirements
of this section may enter into service on a temporary basis pending receipt of results of the criminal
background investigation. The employing school district may, without liability, withdraw its offer
of employment or terminate the temporary employment without notice if the report reveals a
disqualifying record. The employing school district may pay any fees charged for the cost of
fingerprinting or the criminal background investigation for any person whose employment is subject
to the requirements of this section. Any person hired to officiate, judge, adjudicate, or referee a
public event sponsored by a school district is not required to submit to a criminal background
investigation as required in this section. In addition, any person instructor employed by a
postsecondary technical institute is not required to submit to a criminal background investigation as
required in this section, unless the person is a teacher who teaches an elementary or secondary level
course in an elementary or secondary school facility, or unless the person is an employee, other than
a teacher, whose work assignment includes working in an elementary or secondary school facility
at the time of initial employment.
The criminal investigation required by this section with respect to a student teacher completing
requirements for teacher certification shall be conducted by the school district. A criminal
background investigation, of a student teacher, conducted by a school district may be provided to any
other school in which the student engages in student teaching. The school district conducting the
criminal background investigation of a student teacher may rely upon the results of that investigation
for employment of that person as an employee of the district.
Section 2. That § 13-39-17.1 be amended to read:
13-39-17.1. The department may collect fees for credentialing postsecondary technical teachers.
The department shall credit all funds generated by these fees to a fund known as the postsecondary
technical credentialing fund to be administered by the state treasurer. A payment from this fund is
by voucher submitted to the state treasurer and is limited to promulgation of rules, forms, and
incidental administrative costs associated with the credentialing of postsecondary technical teachers.
Any funds in the postsecondary technical credentialing fund shall be transferred to the state institute
fund established pursuant to § 13-42-5.1.
Signed March 7, 2016
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CHAPTER 85
(SB 132)
Education funding revised.
ENTITLED, An Act to revise certain provisions regarding education funding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-13-1.4 be repealed.
Section 2. That § 13-13-1.5 be repealed.
Section 3. That § 13-13-1.6 be repealed.
Section 4. That § 13-13-1.7 be repealed.
Section 5. That § 13-13-1.9 be repealed.
Section 6. That § 13-13-11.1 be amended to read:
13-13-11.1. For the purpose of distributing state aid to education under the provisions of §§ 13-13-10.1 to 13-13-41, inclusive, funds received from the federal government under the provisions of
Title VIII of the Elementary and Secondary Education Act for basic support shall be included in total
general fund revenue at the times the funds are transferred from the Title VIII of the Elementary and
Secondary Education Act fund to the school district funds. For the purposes of distributing state aid
to special education under the provisions of § 13-37-36.1, funds received from the federal
government under Title VIII of the Elementary and Secondary Education Act funds add on for
children with disabilities shall be deposited into the school district special education fund.
Section 7. That § 13-13-17 be repealed.
Section 8. That § 13-13-88 be amended to read:
13-13-88. There is hereby created in the state treasury the workforce education fund to be used
for the following purposes:
(1) To fund the limited English proficiency adjustment as referenced in § 13-13-89;
(2) Provide grants for the purposes of providing secondary career and technical education
programs; and
(3) Provide additional one-time funding to school districts the Department of Education for
one-time education enhancement programs that are defined annually and approved by the
Legislature.
Interest earned on money in the fund shall be deposited into the fund. Any money in the
workforce education fund is continuously appropriated to the Department of Education for the
purposes stated in this section and § 13-13-89. 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 9. That § 13-13-89 be amended to read:
13-13-89. The secretary of the Department of Education shall authorize and disburse money from
the workforce education fund to fund the state's share of the limited English proficiency adjustment
as calculated by §§ 13-13-10.1 and 13-13-73 for state fiscal years 2014, 2015, and 2016. If, after the
state's share of the limited English proficiency adjustment is funded, the workforce education fund
exceeds two million dollars as of July first of each year, the amount of money in excess of one
million dollars Beginning in fiscal year 2017, money from the workforce education fund shall be
disbursed as follows:
(1) An amount not to exceed one Two million five hundred thousand dollars shall be
distributed to fund new and existing secondary career and technical education programs
of which two hundred fifty thousand dollars may be distributed to private, nonprofit
entities that provide specialized career and technical services and education; and
(2) Any amount remaining in the fund
over one million dollars after the distribution in
subdivision (1) is made shall be allocated to
each school district in an amount equal to the
money available for such distribution times the ratio of each school district's fall
enrollment to the total state fall enrollment as defined in § 13-13-10.1 the Department of
Education for one-time education enhancement programs that are defined annually and
approved by the Legislature.
Section 10. That § 13-28-40 be amended to read:
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 state aid to general
education and special education average daily membership fall enrollment as defined in § 13-37-35.1
is used to determine funding for special education.
Signed March 14, 2016
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CHAPTER 86
(SB 82)
Native American achievement schools grant program.
ENTITLED, An Act to establish the Native American achievement schools grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-14 be amended by adding a NEW SECTION to read:
There is hereby established the Native American achievement schools grant program to be
administered by the Office of Indian Education within the Department of Education. The purpose
of the grant program is to fund the establishment of up to three Native American achievement school
projects aimed at improving academic outcomes for Native American students.
Section 2. That chapter 13-14 be amended by adding a NEW SECTION to read:
An applicant seeking a grant from the Native American achievement schools grant program shall:
(1) Be an accredited public school within the State of South Dakota;
(2) Serve a student population for which the school-level results for the 2014-15 academic
year on the state academic assessment are below the statewide average proficiency in
English language arts and mathematics;
(3) Serve a student population of which at least fifty percent is comprised of Native American
students;
(4) Demonstrate access to a physical facility that is adequate for implementation of the
project; and
(5) Demonstrate the ability to complete the project in accordance with all requirements of this
Act, state and federal laws and regulations, and policies of the department.
Section 3. That chapter 13-14 be amended by adding a NEW SECTION to read:
In selecting grant recipients, the department shall give priority to projects that meet the
requirements of this chapter and show commitment to increasing student success through building
cultural identities, encouraging academic perseverance, supporting the development of the whole
child, and encouraging student leadership skills by demonstrating one or more of the following
characteristics:
(1) Offering programming designed to lead to postsecondary readiness and work readiness;
(2) Supporting the recruitment and retention of highly effective teachers and administrators;
(3) Demonstrating commitment to the implementation of the Oceti Sakowin Essential
Understandings and Standards across the curriculum;
(4) Demonstrating a commitment to the implementation of courses offering instruction in
Dakota, Lakota, or Nakota languages;
(5) Maintaining a school environment that cultivates diversity of the student population and
promotes a sense of belonging;
(6) Forming partnerships with community organizations or governmental entities; and
(7) Planning for sustainability.
Section 4. That chapter 13-14 be amended by adding a NEW SECTION to read:
The department shall inform potential applicants of the application and award period and of the
amount of funding available for the grants. The department shall also provide the application form
and scoring rubric that informs potential applicants of the weight to be assigned to each characteristic
referenced in section 3 of this Act within the selection process. Applicants shall complete the
application form and provide any additional information requested by the department. The
application is not complete until all necessary information is submitted.
Section 5. That chapter 13-14 be amended by adding a NEW SECTION to read:
The department, with the assistance of a group of reviewers designated by the secretary of
education, shall determine grant recipients and award amounts utilizing a competitive process. The
group of reviewers shall include three members of the Indian Education Advisory Council
established pursuant to § 13-1-47.
Section 6. That chapter 13-14 be amended by adding a NEW SECTION to read:
In addition to complying with the requirements in section 4 of this Act and the additional
requirements of this chapter, all grant recipients will be subject to the following conditions:
(1) The amount of a grant may not exceed the actual cost of the project as proposed in the
application;
(2) The grant shall be paid on a reimbursement basis, following procedures and requirements
outlined by the department;
(3) Any funds provided through the grant must be necessary and reasonable to complete the
project;
(4) Necessary documentation, as determined by the department, shall be submitted to support
all expenditures;
(5) Expenditures must be approved before the end of the grant period;
(6) A grant project must expend all funds provided through the grant within thirty-six months
following grant approval; and
(7) No grant funds may be used for costs associated with writing the grant proposal,
contractual obligations that became effective prior to the award period of the grant,
purchases that become the property of any individual or organization other than the grant
recipient, or purchases or services beyond the project outcomes or activities.
Section 7. That chapter 13-14 be amended by adding a NEW SECTION to read:
Each grant recipient shall submit grant status reports to the department on a quarterly basis, and
a final grant report including data related to the implementation of the project. The department shall
determine the details required in the reports and the deadlines for report submissions. Each grant
recipient shall provide the department with reasonable access to facilities and records that may be
necessary for the department to determine compliance with the terms of the grant and all the
requirements of this Act.
Section 8. That chapter 13-14 be amended by adding a NEW SECTION to read:
The submission of false or misleading statements or information as part of a grant application
or the failure to comply with any requirement shall be considered a default upon the terms of a grant.
In the event of a default, the department may require the grant recipient to repay any funds dispersed
under the grant to the department within thirty days of a written demand from the department. The
department may begin a civil action to recover any grant funds that a grant recipient is required to
repay under this section.
Signed March 15, 2016
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CHAPTER 87
(HB 1169)
Attendance center joint powers.
ENTITLED, An Act to allow a school district to operate an attendance center within another school
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-23 be amended by adding a NEW SECTION to read:
A school board may establish an attendance center outside the boundaries of its school district
that is within the boundaries of another school district only when both school districts have entered
into a joint powers agreement pursuant to chapter 1-24 to provide instruction to the students enrolled
in the attendance center.
If each school board adopts a resolution to approve the joint powers agreement, the school board
for the school district that will operate the attendance center shall submit the joint powers agreement
and each school board's resolution of approval to the secretary of education.
Section 2. That chapter 13-23 be amended by adding a NEW SECTION to read:
The operation of an attendance center under the authority of this Act does not affect the operation
or authority of any other type of organization to provide an education such as a cooperative
educational learning unit or a virtual school.
Section 3. That the code be amended by adding a NEW SECTION to read:
A joint powers agreement to operate an attendance center not owned by the school district within
the boundaries of another school district is not required for any attendance center that was
established before January 1, 2016.
Signed March 10, 2016
_______________
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CHAPTER 88
(HB 1118)
Time limited administering statewide academic assessments.
ENTITLED, An Act to limit the amount of instructional time that may be spent administering
statewide academic assessments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
The amount of instructional time spent to administer statewide academic assessments required
pursuant to § 13-3-55 in any school district in any school year may not exceed two percent of the
total number of instructional hours required in a school year pursuant to § 13-26-1.
Signed March 16, 2016
_______________
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CHAPTER 89
(HB 1013)
Achievement tests for students receiving alternative instruction,
schedule revised.
ENTITLED, An Act to revise certain provisions regarding alternative instruction achievement tests
for children excused from school attendance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-27-3 be amended to read:
13-27-3. A child shall be excused from school attendance, pursuant to § 13-27-2, because the
child is otherwise provided with alternative instruction for an equivalent period of time, as in the
public schools, in the basic skills of language arts and mathematics. The parent or guardian of the
child shall identify in the application the place where the child will be instructed and any individual
who will instruct the child. The individuals are individual is not required to be certified. The
secretary of the Department of Education may investigate and determine whether the instruction is
being provided. Failure to provide instruction is grounds for the school board, upon thirty days'
notice, to revoke the excuse from school attendance. The secretary of the Department of Education
may inspect the records of an alternative education program with fourteen days' written notice if the
secretary has probable cause to believe the program is not in compliance with this section. The
records to be inspected are limited to attendance and evidence showing academic progress.
No individual may instruct more than twenty-two children. All instructions shall be given so as
to lead to a mastery of the English language. Children receiving alternative instruction who are in
grades
two, four, eight, and eleven shall take a nationally standardized achievement test of the basic
skills. The test may be the test provided by the state and used in the public school district where the
child is instructed or another nationally standardized achievement test chosen by and provided at the
expense of the child's parent, guardian, or school giving alternative instruction. The test may be
monitored by the local school district where the child is instructed.
Signed February 25, 2016
_______________
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CHAPTER 90
(SB 28)
Immunization requirements for school enrollment changed.
ENTITLED, An Act to require meningococcal immunization for school entry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-7.1 be amended to read:
13-28-7.1. Any pupil child entering school or an early childhood program in this state, shall, prior
to admission, be required to present to the appropriate school authorities certification from a licensed
physician that the child has received or is in the process of receiving adequate immunization against
poliomyelitis, diphtheria, pertussis, rubeola, rubella, mumps, tetanus, meningitis, and varicella,
according to recommendations provided by the Department of Health. The Department of Health
may modify or delete any of the required immunizations. As an alternative to the requirement for a
physician's certification, the pupil child may present:
(1) Certification from a licensed physician stating the physical condition of the child would
be such that immunization would endanger the child's life or health; or
(2) A written statement signed by one parent or guardian that the child is an adherent to a
religious doctrine whose teachings are opposed to such immunization; or
(3) A written statement signed by one parent or guardian requesting that the local health
department give the immunization because the parents or guardians lack the means to pay
for such immunization.
The Department of Health may promulgate reasonable rules,
in accordance with pursuant to
chapter 1-26, to require compliance and documentation of adequate immunization, to define
appropriate certification, and to specify standard procedure.
Signed February 25, 2016
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CHAPTER 91
(HB 1096)
An exemption from the tuition limit
for certain border school districts.
ENTITLED, An Act to provide for the exemption of certain schools from a tuition limitation applied
to some bordering state school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-19.1 be amended to read:
13-28-19.1. If a school district that was contracting pursuant to § 13-15-11, dissolves and is
annexed to another school district prior to July 1, 2010, the school board for the school district to
which the former contracting school district is annexed shall, for the current school year and for each
school year thereafter, assign the students who reside in land area that was part of the former
contracting district to the school that was receiving the students under the contract. The rate of
tuition paid per year to the receiving school district may not be less than the per student allocation
as defined in § 13-13-10.1 for that school fiscal year and is not subject to the tuition limitation in
§ 13-28A-2.1. In addition, the school district to which the former contracting school district is
annexed may compensate the receiving school district for all or any portion of the transportation or
other costs associated with the students attending school in the receiving school district. If the parent
or guardian of a student assigned to a school district in a bordering state pursuant to this section
disapproves of the student's assignment, the school board shall assign that student to an attendance
center within the district. However, notwithstanding any other provision of law, the school district
is not required to provide transportation to that student.
Signed March 10, 2016
_______________
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CHAPTER 92
(HB 1145)
School district to accept summer school credits
from an accredited school.
ENTITLED, An Act to require accredited schools to accept transfer credits for courses taken by
students from other accredited schools during the summer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-33 be amended by adding a NEW SECTION to read:
Any school accredited by the Department of Education shall accept transfer credits earned by a
student for any course taken by the student from another school accredited by the Department of
Education outside the regular school term as established pursuant to § 13-26-2. However, an
accredited school is only required to accept the transfer credits if the student notifies a school
administrator of the credits sought prior to taking the course. If the student fails to provide the
advance notice, the school may refuse to accept the credits.
Each school district shall establish a policy for accepting transfer credits pursuant to this Act. If,
upon review of the coursework for which transfer credit is sought, a school determines that the
course rigor is not sufficient to meet the graduation requirements established by the Board of
Education pursuant to § 13-1-12.1 or by the school, the transfer credits earned by the student for the
course will count as elective credits, but the course will not count as a course required for graduation.
If the school accepting the transfer credits determines that the credits do not meet graduation
requirements, the school shall notify the student in writing to explain the reason for that
determination and to cite the provisions of formally adopted school policy that apply.
Signed March 25, 2016
_______________
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CHAPTER 93
(HB 1043)
State aid to special education.
ENTITLED, An Act to revise the state aid to special education formula.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-37-16 be amended to read:
13-37-16. For taxes payable in 2016 2017, and each year thereafter, the school board shall levy
no more than one dollar and forty and nine fifty and five 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% eighty-five percent 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:
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 2016 and thereafter using a special
education levy of one dollar and twenty and nine thirty and five 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, 2015 2016, is $4,896.58 $5,456. 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, 2015 2016, is $12,037.48 $12,592. 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, 2015 2016, is $16,002.36 $16,049. 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, 2015 2016, is $14,288.28 $15,564. 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, 2015 2016, is $21,634.78 $27,799. 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, 2015 2016, is $7,796.66 $8,007. 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 students
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," 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
students 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 students 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 0.1 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 (h), inclusive;
(19) "Effort factor," the school district's special education tax levy in dollars per thousand
divided by $1.209 $1.305. The maximum effort factor is 1.0.
Signed March 15, 2016
_______________
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CHAPTER 94
(SB 129)
Suicide awareness training for teachers.
ENTITLED, An Act to establish certain suicide awareness and prevention training requirements for
certain school employees based on the Jason Flatt Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-42 be amended by adding a NEW SECTION to read:
The South Dakota Board of Education shall promulgate rules, pursuant to chapter 1-26, to
include a minimum of one hour of suicide awareness and prevention training as a requirement that
an applicant must meet in order to be issued an initial certificate and a renewal certificate as a
teacher, administrator, or other educational professional. The board shall, after consultation with
suicide prevention or counseling experts, identify evidence-based resources that will fulfill the
suicide awareness and prevention training requirement and shall make the list of the resources
available to school districts. The training required may be accomplished through self-review of
suicide prevention materials that meet the guidelines developed by the board. The requirement for
suicide awareness and prevention training for initial certification or to renew a certificate begins after
July 1, 2017.
Section 2. That chapter 13-42 be amended by adding a NEW SECTION to read:
There is no cause of action for any loss or damage caused by any act or omission resulting from
the implementation of the provisions of section 1 of this Act or resulting from any training, or lack
of training, required by section 1 of this Act unless the loss or damage was caused by willful or
wanton misconduct. The training, or lack of training, required by the provisions of this Act may not
be construed to impose any specific duty of care.
Signed March 14, 2016
_______________
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CHAPTER 95
(HB 1136)
Boards of Regents and Education
to report to the Legislative Planning Committee.
ENTITLED, An Act to eliminate the Council on Higher Education Policy Goals, Performance, and
Accountability and to transfer its functions to the Legislative Planning Committee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-48A-7 be amended to read:
13-48A-7. The Board of Regents and the Board of Education shall each provide to the Council
on Higher Education Policy Goals, Performance, and Accountability Legislative Planning Committee
an annual accountability report as determined by the committee. The initial accountability report, to
be provided to the council in 2013, shall contain, for each of the postsecondary education institutions
under the respective board's control, information on the following:
(1) Improvements in on-time degree completions;
(2) Affordability for students;
(3) The placement of graduates in jobs or further study in South Dakota; and
(4) Improvements in the percentages of graduates who are successful in passing licensure,
certification, or exit exams administered by third parties.
The council shall determine the content of subsequent accountability reports.
Section 2. That § 13-48A-1 be repealed.
Section 3. That § 13-48A-2 be repealed.
Section 4. That § 13-48A-5 be repealed.
Section 5. That § 13-48A-6 be repealed.
Section 6. That § 13-48A-8 be repealed.
Signed March 9, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\096.wpd
CHAPTER 96
(SB 10)
Harding Hall renovation and appropriation.
ENTITLED, An Act to authorize the Board of Regents to contract for the renovation and
construction of an addition to Harding Hall 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 renovation and construction of an addition
to Harding Hall, on the campus of South Dakota State University in Brookings, with furnishings and
equipment including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks,
parking, landscaping, architectural and engineering services, asbestos abatement, and other services
or actions as may be required to accomplish the project for an estimated cost not to exceed twelve
million dollars, subject to permitted adjustments pursuant to section 3 of this Act.
Section 2. There is hereby appropriated from the higher education facilities fund allocable to
South Dakota State University for the purposes of maintenance and repair to address the portion of
the project that would otherwise involve maintenance and repair projects, the sum of three million
three hundred thousand dollars ($3,300,000), or so much thereof as may be necessary; the sum of
five million dollars ($5,000,000), or so much thereof as may be necessary, from other funds derived
from tuition; and the sum of three million seven hundred thousand dollars ($3,700,000), or so much
thereof as may be necessary, together with additional sums received pursuant to section 4 of this Act,
to cover the remaining estimated cost, and permitted adjustments pursuant to section 3 of this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2015 values. The
Board of Regents may adjust the cost estimates to reflect inflation as measured by the Building Cost
Index reported by the Engineering News Record, additional expenditures required to comply with
regulations adopted after the effective date of this Act, or federal funds received pursuant to section
4 of this Act.
Section 4. The Board of Regents may accept and expend any funds obtained for the project
authorized in this Act from donations, federal sources, or any other external sources, all of which
comprise a special fund for the benefitted project; and all money deposited into that fund are hereby
appropriated to the projects authorized by this Act, subject to the limitations stated in sections 1 to
3, inclusive, of this Act.
Section 5. The administration of the design and construction of the projects authorized in this
Act shall be under the general charge and supervision of the Bureau of Administration as provided
in chapter 5-14.
Section 6. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Signed February 18, 2016
_______________
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CHAPTER 97
(SB 103)
Board of Regents to transfer real property.
ENTITLED, An Act to authorize the Board of Regents to transfer certain real property to South
Dakota State University Growth Partnership, Ltd. for research park purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Notwithstanding any provisions of law to the contrary, upon the request of the Board of Regents
and the Governor, the Commissioner of School and Public Lands shall transfer title to up to
twenty-five acres of the following real estate located in Brookings County and any related personal
property and improvements located on the property, to South Dakota State University Growth
Partnership, Ltd.:
Lots 1 to 32, Lots A to E and Road Right of Ways, All in Block 1 of SDSU Innovation
Campus Addition to the Northwest Quarter (NWl/4) of Section Nineteen (19), subject to
Lots H-3, H-4 and P-l thereof, in Township One Hundred and Ten (110) North, Range
Forty-nine (49) West of the 5th P.M., in the City of Brookings, Brookings County, South
Dakota, according to the recorded plat thereof.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any transfer of real property pursuant to section 1 of this Act shall be contingent on the land
being used for the activities of a primary tenant of a research park, as defined by § 5-29-2.
Section 3. That the code be amended by adding a NEW SECTION to read:
Should any real property transferred pursuant to section 1 of this Act cease to be used for two
consecutive years for the purpose stated in section 2 of this Act, the title to such real property and
any related personal improvements located on the property shall revert to the Board of Regents for
the use and benefit of South Dakota State University.
Section 4. That the code be amended by adding a NEW SECTION to read:
Any deed transferring title pursuant to section 1 of this Act shall contain the restrictions
necessary to effectuate the requirements of sections 2 and 3 of this Act and § 5-2-12.
Signed February 23, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\098.wpd
CHAPTER 98
(HB 1163)
Veterans use of tuition benefits revised.
ENTITLED, An Act to revise the periods of time during which veterans may use tuition benefits at
institutions under the control of the Board of Regents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-55-3 be amended to read:
13-55-3. The benefits to which a veteran is entitled under § 13-55-2 shall may be used by the
veteran within twenty years after at any period after the date specified in § 33A-2-2 as the end of the
qualifying period during which the veteran served, within twenty years at any period after the end
of the period of eligibility for any of the awards specified in subdivision 33A-2-2(7) for which the
veteran qualifies, within twenty years or at any period after the date the veteran was rated by the
veterans administration as ten percent or more disabled, or within six years after the date of the
veteran's discharge from the military service, whichever is later.
Signed March 10, 2016
_______________
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CHAPTER 99
(HB 1061)
Tuition benefit to teachers
who enroll in courses not subsidized by the general fund.
ENTITLED, An Act to provide a tuition benefit to certain teachers who enroll in courses under the
management and control of the Board of Regents that are not subsidized by the general fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-55-24 be amended to read as follows:
13-55-24. Any elementary or secondary teacher or vocational instructor who is required to take
college courses as a condition of employment or to maintain a certificate to teach may, upon
compliance with § 13-55-27 and all of the requirements for admission, attend and pursue any
undergraduate or graduate course in any state educational institution under the control and
management of the Board of Regents upon the payment of fifty percent of tuition and one hundred
percent of required fees. If the teacher enrolls in a distance education course under the control and
management of the Board of Regents or other course under the control and management of the Board
of Regents that is not subsidized by the general fund, the teacher is entitled to a benefit of fifty
percent of the tuition to be paid to the institution by the Board of Regents based on the in-state
resident tuition rate. The Board of Regents shall maintain an annual record of the number of
participants and the tuition dollar value of such participation.
Signed March 15, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\100.wpd
CHAPTER 100
(SB 81)
Paraprofessional tuition assistance scholarship program.
ENTITLED, An Act to create the paraprofessional tuition assistance scholarship program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-55 be amended by adding a NEW SECTION to read:
There is hereby established the paraprofessional tuition assistance scholarship program to be
administered by the Office of Indian Education within the Department of Education. The purpose
of the scholarship program is to allow the pursuit of full teacher certification by the paraprofessionals
employed by qualifying schools.
Section 2. That chapter 13-55 be amended by adding a NEW SECTION to read:
The department shall select eligible paraprofessionals for participation in the program. In order
to be eligible for the paraprofessional tuition assistance scholarship program, an applicant shall:
(1) Be employed as a paraprofessional in a qualifying public school;
(2) Be recommended for the program by a principal in the qualifying public school; and
(3) Enroll in an accredited postsecondary institution located in South Dakota that participates
in the program and offers a baccalaureate degree in elementary or secondary education.
Section 3. That chapter 13-55 be amended by adding a NEW SECTION to read:
For purposes of this Act, a qualifying school is any school in the state that:
(1) Is an accredited public school;
(2) Is willing to collaborate with the accredited postsecondary institution on student teaching
and other associated requirements of the elementary or secondary education program;
(3) Serves a student population for which the school-level results for the 2014-15 academic
year on the state academic assessment are below the statewide average proficiency in
English language arts and mathematics; and
(4) Serves a student population of which at least fifty percent is comprised of Native
American students.
Section 4. That chapter 13-55 be amended by adding a NEW SECTION to read:
A person is eligible to participate in the paraprofessional tuition assistance scholarship program
for up to four consecutive academic years or until the attainment of a baccalaureate degree in
elementary or secondary education, whichever comes first. The secretary of education may grant
exceptions to the continuous enrollment requirement if good cause is demonstrated.
Section 5. That chapter 13-55 be amended by adding a NEW SECTION to read:
The amount of tuition assistance provided in any semester to an eligible student may not exceed
the cost of the credit hours for which the student registered for that semester. During a single
academic year, including the summer session, the amount of tuition assistance provided to any
eligible student may not exceed the tuition and generally applicable fees for forty-five credit hours
at a South Dakota public postsecondary institution as of July 1, 2015. Total tuition assistance may
not exceed the tuition and generally applicable fees for one hundred twenty credit hours. Tuition
assistance payments shall be paid to a postsecondary institution on behalf of an eligible student there
enrolled in the amount of tuition and fees of an eligible student upon submission of proof of
registration of the student at the institution. Participating institutions shall establish proof of
registration for all paraprofessional tuition assistance scholarship students for each semester.
Section 6. That chapter 13-55 be amended by adding a NEW SECTION to read:
In order to maintain eligibility for the paraprofessional tuition assistance scholarship program,
an eligible student shall:
(1) Maintain enrollment at the accredited postsecondary institution;
(2) Maintain a cumulative 2.8 grade point average on a 4.0 scale;
(3) Make satisfactory academic progress toward a degree as determined by the student's
program of study; and
(4) Continue working as a paraprofessional in the qualifying school while taking coursework.
If, however, factors beyond the control of an eligible student prevent the student from meeting
any of the requirements of subdivisions (1) to (3), inclusive, the department may temporarily waive
the requirements of those subdivisions if good cause is demonstrated.
Section 7. The provisions of this Act are repealed on June 30, 2020.
Signed March 15, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\101.wpd
CHAPTER 101
(SB 67)
Appropriation to support
the South Dakota need-based grant program.
ENTITLED, An Act to establish a postsecondary scholarship grant fund, to make an appropriation
therefor, to transfer certain money, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-55A-14 be amended to read:
13-55A-14. There is hereby created in the education enhancement trust fund the South Dakota
need-based postsecondary scholarship grant fund for the purpose of providing grants and
scholarships through the Board of Regents pursuant to this chapter to qualified students for the need-based grant program pursuant to chapter 13-55A and the critical teaching needs scholarship program
pursuant to §§ 13-55-64 to 13-55-71, inclusive. Any contributions into the education enhancement
trust fund not designated for any other purpose shall be allocated to the need-based postsecondary
scholarship grant fund. All distributions from the South Dakota need-based postsecondary
scholarship grant fund are subject to transfer to the general fund and expenditure of all distributions
shall be by an appropriation by the Legislature through the General Appropriations Act or special
appropriations acts for the need-based postsecondary scholarship grant programs consistent with the
provision of S.D. Const., Art. XII,§ 6, and § 4-5-29.2. The board may accept any gifts, contributions,
or funds obtained from any other source for the purpose of carrying out the provisions of this section.
For each fiscal year, the board may determine the amounts awarded for each scholarship grant
program and shall award all available funds from the postsecondary scholarship grant fund annual
transfer pursuant to § 4-5-29.2.
Section 2. That § 4-5-29.2 be amended to read:
4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the
market value of the education enhancement trust fund as of December 31, 2003, and each calendar
year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment
officer shall calculate an amount equal to four percent of that market value, without invading
principal, as eligible for distribution. For the purpose of this section, the term, principal, means the
sum of all contributions to the fund. Beginning with the distribution in fiscal year 2008, the market
value shall be determined by adding the market value of the trust fund at the end of the sixteen most
recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice
of that amount by the state investment officer, the state treasurer shall transfer the amount from the
education enhancement trust fund to the state general fund as soon as practicable after July first of
the next fiscal year. For fiscal year 2017, the portion of the transfer to the general fund for the
postsecondary scholarship grant programs shall be $126,707.35. Beginning in fiscal year 2015 2018,
the portion of the transfer to the general fund for the need-based matching program postsecondary
scholarship grant programs, shall be calculated by the state investment officer based on the relative
share of the contributions made to the need-based postsecondary scholarship grant fund created
pursuant to § 13-55A-14 to the most recently calculated total fair value of the education
enhancement fund including the contribution. The calculation shall be updated monthly to reflect
any additional contributions to the education enhancement trust fund and the portion of the transfer
to the general fund for the need-based matching program postsecondary scholarship grant programs
shall be based on the average of the monthly calculation as of December thirty-first, using the
months available for the first forty-eight months and then the most recent forty-eight calendar
months thereafter.
Beginning in fiscal year 2015, a portion of the funds annually distributed to the general fund
pursuant to this section representing the percentage of the appropriation in SL 2013, ch 91, § 9, when
deposited, to the total fair value of the education enhancement fund applied to the distribution
amount shall be used to fund the critical teaching needs scholarship program created in §§ 13-55-64
to 13-55-71, inclusive.
Section 3. The state treasurer shall transfer the original contribution of one million five hundred
thousand dollars from the critical teaching needs scholarship fund pursuant to § 13-55-64 and one
million five hundred thousand dollars from the need-based grant fund created pursuant to § 13-55A-14 into the postsecondary scholarship grant fund. The state investment officer shall calculate the fair
value of the transfer amounts for purposes of the monthly calculations per § 4-5-29.2 using the most
recent monthly calculation applied to the most recently calculated total fair value of the education
enhancement trust fund.
Section 4. There is hereby appropriated from the general fund the sum of two million one
hundred thousand dollars ($2,100,000) to the postsecondary scholarship grant fund established
pursuant to § 13-55A-14.
Section 5. The state treasurer shall transfer from the tuition and fees fund created by § 13-53-15
to the postsecondary scholarship grant fund the sum of one million four hundred thousand dollars.
Section 6. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 7. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
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 22, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\102.wpd
CHAPTER 102
(SB 159)
Partners in education tax credit program.
ENTITLED, An Act to provide a tax credit to insurance companies that contribute to an organization
providing educational scholarships to certain students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms, as used in this Act, mean:
(1) "Division," the Division of Insurance in the Department of Labor and Regulation;
(2) "Educational scholarship," a grant to an eligible student to cover all or part of the tuition
and fees at a qualifying school. The average value of all scholarships awarded by a
scholarship granting organization may not exceed eighty-two and five-tenths percent of
the state's share of the per student allocation, as defined in § 13-13-10.1. One half of the
scholarship amount shall be paid by the scholarship granting organization at the beginning
of the first semester, and one half shall be paid at the beginning of the second semester;
(3) "Eligible student," any student who:
(a) Is a member of a household whose total annual income, the year before the student
enters the program, did not exceed one hundred fifty percent of the income
standard used to qualify for a free or reduced-price lunch under the national free
or reduced-price lunch program established under 42 U.S.C. section 1751, et seq.
as of January 1, 2016. If sufficient funding is available, once a student meets the
initial income eligibility requirement, the student remains income eligible for three
years or if the student is entering high school, until the student graduates high
school regardless of household income. After the initial period of income
eligibility, a student remains eligible if the student is a member of a household
whose total annual income in the prior year did not exceed two hundred percent of
the income standard used to qualify for a free or reduced-price lunch;
(b) Received an educational scholarship under this program the preceding semester,
attended a public school the preceding semester, is starting at a K-12 school in
South Dakota for the first time, or is entering kindergarten, first grade, or ninth
grade; and
(c) Resides in South Dakota while receiving the educational scholarship;
(4) "Low-income eligible student," any student who is a member of a household whose total
annual income, the year before the student enters the program, did not exceed one
hundred percent of the income standard used to qualify for a free or reduced-price lunch
under the national free or reduced-price lunch program established under 42 U.S.C.
section 1751, et seq. as of January 1, 2016.
(5) "Parent," any guardian, custodian, or other person with authority to act in place of a parent
for the child;
(6) "Program," the partners in education tax credit program established pursuant to this Act;
(7) "Qualifying school," any nonpublic school that operates within the boundaries of South
Dakota, is accredited by the Department of Education, provides education to elementary
or secondary students, and has notified a scholarship granting organization of its intention
to participate in the program and comply with the program requirements. This definition
excludes any school that receives a majority of its revenues from public funds;
(8) "Scholarship granting organization," a nonprofit organization that complies with the
requirements of the program and provides educational scholarships to students.
Section 2. That the code be amended by adding a NEW SECTION to read:
The partners in education tax credit program is hereby established. Through the program, any
company that is liable to pay the insurance company premium and annuity tax, pursuant to § 10-44-2,
may claim credit for contributions made to the scholarship granting organization. The tax credit may
be claimed by the company on the annual premium tax return in an amount equal to, up to eighty
percent, of the total contributions made to the scholarship granting organization in the previous
taxable year. However, no tax credit may be claimed pursuant to this Act for the portion of the tax
that is collected and set aside for workers' compensation coverage as provided in subdivision 10-44-2(4) or for the tax that is levied on fire insurance premiums pursuant to § 10-44-9.
Section 3. That the code be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of section 2 of this Act, the total amount of tax credits claimed
on annual premium tax returns pursuant to this Act may not exceed two million dollars in fiscal year
2017 and each year thereafter.
Section 4. That the code be amended by adding a NEW SECTION to read:
Each scholarship granting organization shall:
(1) Annually notify the division of its intent to provide educational scholarships to eligible
students attending qualifying schools;
(2) Demonstrate to the division that it has been granted exemption from the federal income
tax pursuant to section 501(c)(3) of the Internal Revenue Code;
(3) Distribute periodic scholarship payments from the educational scholarship fund account
as checks made out to an eligible student's parent and mailed to the qualifying school
where the eligible student is enrolled. The parent shall endorse the check before it may
be deposited;
(4) Annually collect written documentation, from each qualifying school that accepts
educational scholarship payments, verifying the school is accredited by the Department
of Education;
(5) Provide a division approved receipt to companies for contributions made to the
scholarship granting organization;
(6) Ensure that at least ninety percent of its revenue from contributions is spent on
educational scholarships, and that all revenue from interest or investments is spent on
scholarships;
(7) Carry forward no more than twenty-five percent of its revenue from contributions in the
educational scholarship fund account from the fiscal year in which they were received to
the next fiscal year. Contributions that are not carried forward shall be remitted to the
division;
(8) Submit to the division the names and addresses of all board members and documentation
validating that criminal background checks have been conducted on all of its employees
and board members, and exclude any employee or board member from employment or
governance who might reasonably pose a risk to the appropriate use of contributed funds;
(9) Ensure that scholarships are portable during the school year and can be used at any
qualifying school to which the scholarship granting organization grants scholarships and
that accepts the eligible student according to a parent's wishes. If a student moves to a new
qualifying school during a school year, the scholarship amount may be prorated; and
(10) Report to the division by March first of each year the following information, prepared by
a certified public accountant regarding its contributions in the previous calendar year:
(a) The name and address of each contributing company;
(b) The total number and total dollar amount of contributions received from each
company; and
(c) The total number and total dollar amount of educational scholarships awarded to
eligible students, the total number and total dollar amount of educational
scholarships awarded to low-income eligible students, and the percentage of first-time recipients of educational scholarships who were enrolled in a public school
in the prior school year;
(11) Any donation received that is not awarded a tax credit pursuant to section 2 of this Act
is not subject to subdivisions (5) to (7), inclusive, of this section.
Section 5. That the code be amended by adding a NEW SECTION to read:
The scholarship granting organization shall demonstrate financial accountability by annually
submitting to the auditor general a financial information report that complies with uniform financial
accounting standards and is the result of an audit conducted by a certified public accountant and by
having the auditor certify that the report is free of material misstatements. The scholarship granting
organization shall provide the audit to the auditor general within one hundred eighty days after the
completion of the scholarship granting organization's fiscal year.
Section 6. That the code be amended by adding a NEW SECTION to read:
The responsibilities of an eligible student and an eligible student's parent in participating in the
program include the following:
(1) An eligible student's parent shall select a qualifying school and apply for admission of the
eligible student;
(2) An eligible student participating in the program shall remain in attendance throughout the
school year, at the qualifying school in which the eligible student is enrolled, unless,
excused by the school for illness or other good cause, or the eligible student has
transferred to another school;
(3) An eligible student and an eligible student's parent shall comply with the published
policies of the qualifying school in which the eligible student is enrolled;
(4) An eligible student's parent shall ensure that the eligible student participating in the
program takes the norm-referenced tests or statewide assessments administered by the
qualifying school; and
(5) The parent of an eligible student, upon receipt of a scholarship warrant from the
scholarship granting organization, shall restrictively endorse the warrant to the qualifying
school district for deposit.
Section 7. That the code be amended by adding a NEW SECTION to read:
The secretary of the Department of Labor and Regulation shall promulgate rules, pursuant to
chapter 1-26, establishing annual timelines for the notifications, verifications, and other procedures
required of the insurance companies seeking a tax credit pursuant to section 2 of this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
The division shall provide a standardized format for a receipt to be issued by the scholarship
granting organization to a company to indicate the value of a contribution received. The division
shall require a company to provide a copy of this receipt when claiming the tax credit established
in this Act. Prior to accepting any contribution from any company, the scholarship granting
organization shall first verify with the division that the limit on the total amount of tax credits
allowed pursuant to section 3 of this Act has not yet been reached for the current fiscal year. The
scholarship granting organization shall report to the division the name of the insurance company,
date, and amount for each contribution received from an insurance company seeking a tax credit
pursuant to section 2 of this Act within thirty days of the date of the contribution.
Section 9. That the code be amended by adding a NEW SECTION to read:
The division shall provide a standardized format for the scholarship granting organization to
report the information in subdivision (10) of section 4 of this Act. Any information provided relating
to the identity of a taxpayer that provides an eligible contribution pursuant to this Act shall remain
confidential unless the company deems otherwise.
Section 10. That the code be amended by adding a NEW SECTION to read:
The auditor general may conduct either a financial review or audit of the scholarship granting
organization if it possesses evidence of fraud.
Section 11. That the code be amended by adding a NEW SECTION to read:
The tax credit provided for in this Act may be first claimed on the annual premium tax return
filed in 2017.
Section 12. That the code be amended by adding a NEW SECTION to read:
The program established pursuant to this Act does not expand the regulatory authority of the state
or the state's officers to impose additional regulation of nonpublic schools beyond those necessary
to enforce the requirements of this Act.
Signed March 25, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\103.wpd
CHAPTER 103
(SB 92)
Appropriation for a math initiative
at the School of Mines and Technology.
ENTITLED, An Act to continue a math pilot project at the South Dakota School of Mines and
Technology, to make an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. Not withstanding §§ 13-13-88 and 13-13-89, there is hereby appropriated the sum of
two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, in other fund
expenditure authority, to the South Dakota School of Mines and Technology, payable from funds
derived from the workforce education fund created in § 13-13-88, for the continuation of the 2015
math pilot project at the South Dakota School of Mines and Technology.
Section 2. The president of the School of Mines and Technology 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 16, 2016
_______________
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CHAPTER 104
(SB 11)
Appropriation to the Board of Regents
to purchase land in Madison.
ENTITLED, An Act to authorize the Board of Regents to purchase land from the Dakota State
University Foundation for the use and benefit of Dakota State University in Madison, to make
an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may purchase from the Dakota State University Foundation for
the use and benefit of Dakota State University the following described land:
Lot 6 and Lot 7 and the North Half (N ½) of the vacated portion of 7th Street lying parallel and
adjacent to the South side of Lot 7, all in Block 1, Willard's Addition to Madison, Lake County,
South Dakota and known to all as the East Campus Parking Lot.
Section 2. There is hereby appropriated the sum of forty thousand dollars ($40,000) 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.
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 February 18, 2016
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CHAPTER 105
(SB 12)
Authorization to Board of Regents
to sell land in Brookings County.
ENTITLED, An Act to authorize the Board of Regents to sell certain extraneous real property in
Brookings County and to deposit the proceeds with the state treasurer to be credited to a fund
designated as the real property acquisition and capital improvement fund for South Dakota State
University.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may sell, at a minimum of its appraised value in accordance
with §§ 5-2-2.1 and 5-2-2.2, all or any portion of the following real estate located at the Northwest
Quarter (NW1/4) of Section Twenty (20), Township One Hundred Ten (110) North, Range
Forty-Nine (49) West of the 5th P.M. Brookings County, South Dakota, less Lot H-1 containing
17.08 acres, more or less, being an easement for highway purposes only with reversionary rights, and
any related personal property and improvements located on the property.
Section 2. The proceeds from the sale authorized by this Act shall be deposited, in accordance
with §§ 5-2-2.1 and 5-2-2.3, with the state treasurer, invested by the State Investment Council, and
the earnings therefrom shall be credited to the support of South Dakota State University and its
authorized real and personal property acquisitions and capital improvements, as provided by law.
Section 3. Notwithstanding the provisions of this Act or any other law to the contrary, the Board
of Regents and the Governor may direct the commissioner of school and public lands to sell any
property described in section 1 of this Act to any municipality with corporate limits within ten miles
of the location of the property. The sale may be made without first offering the property for sale to
the public. The sale price shall be at least the appraised value as determined by the board of appraisal
established by § 5-9-3, and is subject to all applicable statutory and constitutional reservations.
_______________
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CHAPTER 106
(HB 1007)
Agricultural land production value research.
ENTITLED, An Act to make an appropriation to revise and update the data and methods used to
determine the agricultural land production capacity 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 seventy-five thousand dollars ($175,000), or so much thereof as may be necessary, to the Department of
Revenue for the purpose of contracting with South Dakota State University to conduct research
concerning the methods used to determine agricultural land production capacity and to update the
data used in the soil tables.
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,
2018, 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 7, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\107.wpd
CHAPTER 107
(HB 1016)
Appropriation revised for certain improvements at
South Dakota State University and the University of South Dakota.
ENTITLED, An Act to revise the authority granted to the Building Authority and to the Board of
Regents to construct certain improvements at South Dakota State University in Brookings and
the University of South Dakota in Vermillion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (9) of section 3 of chapter 107 of the 2012 Session Laws be amended
to read:
(9) South Dakota State University Performing Arts Center expansion, not to exceed one
hundred fifteen thousand gross square feet, for an estimated construction cost of
thirty-three million one hundred three thousand seven hundred thirteen forty-eight million
three hundred ninety-one thousand eight hundred seven dollars, of which no more than
thirteen million dollars may be financed through the issuance of revenue bonds, with the
remaining funds being drawn from donations, federal
funds, or other funds as provided
in section 8 of this Act;
Section 2. That subdivision (11) of section 3 of chapter 107 of the 2012 Session Laws be
amended to read:
(11) University of South Dakota science, health and research laboratory building, not to exceed
eighty thousand gross square feet, for an estimated construction cost of
thirty fifteen
million dollars, of which no more than
eight nine million six hundred ninety-five dollars
may be financed through the issuance of revenue bonds, with the remaining funds being
drawn from donations, federal
funds, or other funds as provided in section 8 of this Act;
Section 3. That subdivision (12) of section 3 of chapter 107 of the 2012 Session Laws be
amended to read:
(12) University of South Dakota Patterson Hall renovation, for an estimated construction cost
of six five million five hundred thousand dollars to be financed through the issuance of
revenue bonds; and
Signed February 12, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\108.wpd
CHAPTER 108
(SB 9)
Native American achievement schools grant program appropriation.
ENTITLED, An Act to make an appropriation to fund the Native American achievement schools
grant program and paraprofessional tuition assistance scholarship program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated the sum of two million two hundred thousand dollars
($2,200,000), or so much thereof as may be necessary, in other fund expenditure authority to the
Department of Education, payable from funds derived from the workforce education fund created
in § 13-13-88, for the purposes of funding the Native American achievement schools grant program
and the paraprofessional tuition assistance scholarship 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.
Signed March 15, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\109.wpd
CHAPTER 109
(HB 1203)
An appropriation to pay off bonds and make certain other changes
necessary to effectuate a tuition freeze.
ENTITLED, An Act to pay off bonds and make certain other changes necessary to effectuate a
tuition freeze by the Board of Regents and the technical institutes, 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 appropriated from the general fund the sum of thirty-five million five
hundred five thousand four hundred fourteen dollars ($35,505,414), or so much thereof as may be
necessary, to the Bureau of Finance and Management to be transferred to the South Dakota Building
Authority public building fund for the purposes of paying or prepaying lease rental obligations.
Section 2. The funds appropriated in section 1 of this Act shall be used to pay or prepay lease
rental and associated fees in the amount of thirty-five million five hundred five thousand four
hundred fourteen dollars to the South Dakota Building Authority relating to the leases between the
South Dakota Building Authority and the Board of Regents relating to the costs of the science
facilities and laboratories at various public universities supported by rental paid from the higher
education facilities fund and financed by forty-one million ten thousand dollars original principal
amount of the South Dakota Building Authority's series 2008 bonds.
Section 3. There is hereby appropriated from the general fund the sum of six million eight
hundred six thousand six hundred seventy dollars ($6,806,670), or so much thereof as may be
necessary, to the Bureau of Finance and Management to be used to make lease payments through the
tuition subaccount within the South Dakota Health and Educational Facilities Authority for the
purposes of paying or prepaying lease rental obligations.
Section 4. The funds appropriated in section 3 of this Act shall be used to pay or prepay lease
rental and associated fees in the amounts specified below to the South Dakota Health and
Educational Facilities Authority relating to the leases between the South Dakota Health and
Educational Facilities Authority, the State Board of Education and the technical institutes and the
related real or personal property financed by the South Dakota Health and Educational Facilities
Authority all as described as follows:
(1) Lease rentals and fees in an estimated amount of five million two hundred sixty-two
thousand nine hundred seventy-two dollars in connection with the leases between the
South Dakota Health and Educational Facilities Authority, the State Board of Education
and the technical institutes relating to facilities at Western Dakota Technical Institute and
Southeast Technical Institute financed by proceeds of the South Dakota Health and
Educational Facilities Authority's series 2007 bonds; and
(2) Lease rentals and fees in an estimated amount of one million five hundred forty-three
thousand six hundred ninety-eight dollars in connection with the lease between the South
Dakota Health and Educational Facilities Authority, the State Board of Education and the
technical institutes relating to facilities at Lake Area Technical Institute, Mitchell
Technical Institute, Western Dakota Technical Institute, and Southeast Technical Institute
financed by proceeds of the South Dakota Health and Educational Facilities Authority's
series 2014A bonds.
Section 5. The South Dakota Building Authority and the South Dakota Health and Educational
Facilities Authority may enter into an irrevocable escrow agreement to provide for the defeasance
and payment of the series 2007 bonds, the series 2008 bonds, and the series 2014A bonds issued to
finance the costs of the buildings and other real or personal property described in sections 2 and 4
of this Act and to enter into such other arrangements to pay or prepay any governmental expenses
permissible under chapters 5-12 and 1-16A. The South Dakota Building Authority and the South
Dakota Health and Educational Facilities Authority may each contract with a third party for the
purposes of this section. Upon determination by the South Dakota Building Authority or the South
Dakota Health and Educational Facilities Authority of the amounts necessary for payment or
prepayment of the leases or bonds and other governmental expenses described in this Act and any
associated fees and expenses, any remaining funds shall be transferred to the general fund at the end
of the fiscal year in which the determination is made by the South Dakota Building Authority or the
South Dakota Health and Educational Facilities Authority, respectively.
Section 6. 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 7. The sum of twenty-seven million four hundred twenty-six thousand six hundred forty-three dollars shall be transferred from the budget reserve fund to the general fund.
Section 8. That § 13-51-1.1 be amended to read:
13-51-1.1. Notwithstanding any other provisions of law, the Board of Regents may enter into a
lease agreement with the Sioux Falls public school district for the lease of a site to be used only for
the delivery of public higher education programs and a lease agreement with the Capital University
Center Foundation and Advisory Board for the lease of a site in Pierre, South Dakota, to be used for
the delivery of public higher education programs. All such academic programs shall be directly
provided by the following institutions:
(1) University of South Dakota;
(2) South Dakota State University;
(3) South Dakota School of Mines and Technology;
(4) Northern State University;
(5) Black Hills State University; or
(6) Dakota State University.
No postsecondary degrees may be awarded or conferred except by the above institutions.
The board may use funds annually appropriated by the Legislature from the higher education
facilities fund, created in § 13-51-2, to make payments therefor.
Section 9. That § 13-51-2 be amended to read:
13-51-2. There is continued an educational facilities fund in the state treasury from which the
Board of Regents may make expenditures, relating only to institutions of higher education under its
jurisdiction, to:
(1) Make lease payments to the South Dakota Building Authority for projects authorized to
be paid out of that fund by the Legislature;
(2) Maintain and repair existing facilities in amounts as may from time to time be authorized
by the Legislature;
(3) Maintain and repair the Sanford School of Medicine building occupied under capital lease
located on Lot 9 except the North 14 Feet, Lots 10 through 14, the East 7.7 Feet of Lots
15, 18 and 19, and the East 7.7 Feet except the North 14 Feet of Lot 20, Block 2, Hayward
Investment Company Subdivision of Block A of Hayward's Addition, and the West one-half of the vacated portion of Euclid Avenue adjacent to Lot 9 except the North 14 Feet
and Lots 10, 11 and 12, Block 2, Hayward Investment Company Subdivision of Block A
of Hayward's Addition to the City of Sioux Falls, Minnehaha County, South Dakota;
(4) Make rent payments from higher education facilities funds, appropriated through the
general appropriation act for such purposes, to other private or public parties for
educational facilities in accordance with § 13-51-1 as necessary to the proper and efficient
delivery of instruction; and
(5) Build and equip new facilities as may from time to time be authorized by the Legislature.
No funding may be provided in any year for subdivision (4) or (5) of this section until the level
of annual appropriations reaches
three fifteen million dollars for subdivision (2) of this section.
Authorizations for new lease payments, new construction, reconstruction, and renovation are
restricted to and
shall may not exceed the amount of higher education facilities funds in excess of
the sum of existing lease payments to the South Dakota Building Authority plus
three fifteen million
dollars for maintenance and repair.
Section 10. That § 13-53-15 be amended to read:
13-53-15. The state treasurer shall receive and receipt all moneys money arising from any of the
educational institutions under the control of the Board of Regents. Moneys Any tuition collected
pursuant to § 13-53-6 shall be deposited eighty eighty-eight and one-half percent into the tuition and
fees fund which is hereby created and continuously appropriated to the Board of Regents and twenty
eleven and one-half percent into the higher education facilities fund. Moneys Any money collected
from interest on permanent funds or from lease income from lands granted to the state for the use
and benefit of each institution shall be deposited into the Board of Regents endowed institution
interest and income fund created by § 5-10-1.1.
Section 11. That § 13-53-15.3 be amended to read:
13-53-15.3. Notwithstanding the provisions of § 13-53-15, medical school deposits into the
higher education facilities fund shall equal twenty eleven and one-half percent of the medical school
tuition and fee revenue minus one hundred seventy-five thousand dollars.
The provisions of this section are retroactive from July 1, 1994. Any transaction that was
consistent with § 13-53-15 is hereby ratified.
Section 12. That § 33-6-5 be amended to read:
33-6-5. Any member of the National Guard of the State of South Dakota is, upon compliance
with all the requirements for admission and subject to the provisions of § 33-6-7, entitled to a benefit
as prescribed by this section and § 33-6-5.1 to attend and pursue any undergraduate course or courses
in any state educational institution under the control and management of the Board of Regents. Any
resident is entitled to a benefit of fifty percent of the in-state resident tuition to be paid or otherwise
credited by the Board of Regents. Any nonresident is entitled to a benefit of fifty percent of the in-state resident tuition to be paid to the institution by the Department of the Military or otherwise
credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition
benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.
The benefits established under §§ 33-6-5 to 33-6-8, inclusive, may not exceed one hundred twenty-eight credit hours towards a baccalaureate degree.
Section 13. That § 33-6-5.1 be amended to read:
33-6-5.1. Any member of the National Guard of the State of South Dakota is, upon compliance
with all the requirements for admission and subject to the provisions of § 33-6-7, entitled to a benefit
as prescribed by §§ 33-6-5.1 and 33-6-5.3. Any member of the National Guard of the State of South
Dakota who is enrolled in a program leading toward a graduate degree in any state educational
institution under the control and management of the Board of Regents, including institutions or
courses not subsidized by the general fund, is entitled to a benefit of fifty percent of the in-state
resident graduate tuition to be paid to the institution by the Department of the Military or otherwise
credited by the Board of Regents. However, the state benefit is paid after applying the federal tuition
benefit. The total federal and state benefit may not exceed one hundred percent of the tuition cost.
The benefit provided by §§ 33-6-5.1 and 33-6-5.2 may not exceed thirty-two credit hours toward a
graduate degree.
Section 14. That § 33-6-5.2 be amended to read:
33-6-5.2. Notwithstanding the provisions of § 13-55-23, eligible National Guard members
enrolled in undergraduate courses under the control and management of the Board of Regents not
subsidized by the general fund are entitled to a benefit of fifty percent of the in-state resident tuition
to be paid to the institution by the Department of the Military or otherwise credited by the Board of
Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal
and state benefit may not exceed one hundred percent of the tuition cost.
Section 15. That § 33-6-5.3 be amended to read:
33-6-5.3. Notwithstanding the provisions of § 13-55-23, eligible National Guard members
enrolled in graduate courses under the control and management of the Board of Regents not
subsidized by the general fund are entitled to a benefit of fifty percent of the in-state resident tuition
to be paid to the institution by the Department of the Military or otherwise credited by the Board of
Regents. However, the state benefit is paid after applying the federal tuition benefit. The total federal
and state benefit may not exceed one hundred percent of the tuition cost.
Section 16. That § 33-6-6 be amended to read:
33-6-6. Any member of the National Guard of the State of South Dakota, who is a resident of
the State of South Dakota and who possesses the entrance requirements for admission to any
postsecondary vocational program, is entitled to complete one program of study approved by the
State Board of Education in any state postsecondary vocational education institution upon payment
of fifty percent of the tuition charges. The remaining tuition shall be paid or otherwise credited by
the Department of the Military out of funds appropriated for the purpose of paying fifty percent of
the tuition postsecondary vocational education institution. However, the state benefit is paid after
applying the federal tuition benefit. The total federal and state benefit may not exceed one hundred
percent of the tuition cost.
Section 17. That § 1-16A-96 be amended to read:
1-16A-96. Beginning in fiscal year 2015 2017, 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 administered by the Department of Education that is dedicated to
twenty-seven percent of 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 18. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 19. Whereas, sections 1 to 11, inclusive, of this Act are necessary for the support of the
state government and its existing public institutions, an emergency is hereby declared to exist, and
sections 1 to 11, inclusive, of this Act shall be in full force and effect from and after its passage and
approval.
Signed March 21, 2016
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CIVIL PROCEDURE
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\110.wpd
CHAPTER 110
(HB 1135)
Venue for actions arising out of real property lease agreements.
ENTITLED, An Act to establish venue for certain actions arising out of real property lease
agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 15-5 be amended by adding a NEW SECTION to read:
Any breach of contract action between a lessor and a lessee that arises out of a real property lease
agreement shall be tried in the county in which any portion of the real property subject to the lease
agreement is located.
Section 2. That § 15-5-6 be amended to read:
15-5-6. In all other cases, except as provided in § 15-5-7 or, 15-5-8, or in section 1 of this Act,
the action shall be tried in the county in which the defendant or defendants, or any of them, shall
reside at the commencement of the action. However, if none of the defendants reside in the state, the
action may be tried in any county which the plaintiff shall designate in his complaint, subject,
however, to the power of the court to change the place of trial in the cases provided by statute. In the
second event, the jurors' fees and mileage payments shall be paid by the parties in such proportions
as the court may order. If the parties stipulate to a venue which is not specified in §§ 15-5-1 to 15-5-5, inclusive, the first sentence of this section, § 15-5-7 or, 15-5-8, or in section 1 of this Act, the
stipulation must be approved by a court order which also provides for the payment of jurors' fees and
mileage payments by the parties.
Signed March 10, 2016
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COURTS AND JUDICIARY
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CHAPTER 111
(SB 75)
Appropriation and grant program
for adult community residential services.
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 declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
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. That the code be amended by adding a NEW SECTION to read:
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. That the code be amended by adding a NEW SECTION to read:
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,
2017.
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. For administration of the program, the Unified
Judicial System shall retain four thousand dollars of the appropriated amount.
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 9, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\112.wpd
CHAPTER 112
(HB 1183)
Magistrate courts may issue protection orders.
ENTITLED, An Act to revise certain provisions regarding the jurisdiction of magistrate courts to
issue protection orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 16-12B-13 be amended to read:
16-12B-13. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with
the circuit courts to try and determine all civil actions, if the debt, damage, claim, or value of the
property involved does not exceed twelve thousand dollars.
A magistrate court with a magistrate
judge presiding has concurrent jurisdiction with the circuit courts to try and determine any action for
a protective or restraining order or injunctive relief pursuant to chapter 22-19A or 25-10. When the
action is one for protection from domestic abuse, a magistrate judge may not issue an ex parte
protection order pursuant to § 25-10-6, or try any petition, which calls for either the award of
temporary custody or establishment of temporary visitation with regards to visitation of a minor child
of the parties or that establishes temporary support for a minor child of the parties or a spouse. Any
magistrate court with a magistrate judge presiding has jurisdiction in small claims proceedings, if
the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars.
Signed March 15, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\113.wpd
CHAPTER 113
(SB 55)
HOPE probation program expanded.
ENTITLED, An Act to revise certain provisions relating to the HOPE probation program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 16-22-8 be amended to read:
16-22-8. The Supreme Court is authorized to establish two South Dakota HOPE court pilot
probation programs in any court that has jurisdiction over criminal cases.
Section 2. That § 16-22-9 be amended to read:
16-22-9. The Supreme Court shall establish rules pursuant to § 16-3-1 for such pilot the
programs consistent with the following components, modeled after the national HOPE court
initiative:
(1) Involvement and commitment of criminal justice officials including judges, state's
attorneys, defense attorneys, law enforcement, court services officers, and treatment
providers;
(2) Eligibility criteria focused on offenders with a high risk to reoffend, without consideration
of the current offense;
(3) Judicial involvement in setting and communicating to the probationer program
expectations and consequences for noncompliance;
(4) Frequent, effective, and randomized drug and or alcohol testing;
(5) Swift, certain, and proportional sanctions for noncompliance with program conditions;
(6) Swift and certain warrant service for absconding; and
(7) Compilation, evaluation, and publicly reported program results.
Section 3. That § 16-22-10 be amended to read:
16-22-10. Each pilot program shall be evaluated for the impact on public safety outcomes. The
Unified Judicial System shall report performance measures for the pilot programs semiannually to
the oversight council.
Signed March 9, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\114.wpd
CHAPTER 114
(HB 1201)
Appropriate money for teen court.
ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016, make an
appropriation for teen court programs in South Dakota, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 17 of chapter 31 of the 2015 Session Laws be amended to read:
DEPARTMENT OF CORRECTIONS
(8) Juvenile Community Corrections
Operating Expenses, General Funds, delete "$12,776,370" and insert "$12,526,370"
Adjust all totals accordingly.
Section 2. 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 teen court grant program
fund established in § 1-10-6 for the purpose of awarding grants to teen court programs in South
Dakota.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30,
2017, 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, 2016
_______________
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PERSONAL RIGHTS AND OBLIGATIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\115.wpd
CHAPTER 115
(SB 80)
Liability limited for hosts of fishing tournaments.
ENTITLED, An Act to limit certain liability for hosts of fishing tournaments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Fishing," the riding, driving, or being a passenger in a boat or watercraft used in a fishing
tournament, or any person assisting a participant or show management. The term does not
include being a spectator at a fishing tournament;
(2) "Fishing tournament," an organized competition among fishermen, usually as a series of
competition events centered around or on a specific body of water, with specific rules
applying to each event;
(3) "Fishing tournament sponsor," any individual, group, club, partnership, or corporation,
whether or not the sponsor is operating for profit or nonprofit, that supports, organizes,
or provides the facilities for a fishing tournament;
(4) "Fishing professional," any person engaged for compensation in instructing a participant
or renting to a participant a boat, watercraft or other equipment for the purpose of fishing
in a fishing tournament;
(5) "Inherent risks of fishing," those dangers or conditions that are an integral part of fishing,
including:
(a) The unpredictability of the weather and environment in the area the fishing occurs;
(b) Certain hazards such as surface and subsurface conditions of the body of water at
or on which the fishing occurs;
(c) Collisions with other boats, watercrafts, vehicles, ice shacks, or objects;
(d) If engaged in a fishing tournament, the potential of a participant to act in a
negligent manner that may contribute to injury to the participant or others, such as
failing to maintain control over the boat or watercraft or not acting within the
participant's ability;
(6) "Participant," any person, whether amateur or professional, who engages in a fishing
tournament, whether or not a fee is paid to participate in a fishing tournament.
Section 2. That the code be amended by adding a NEW SECTION to read:
No fishing tournament sponsor is liable for an injury to, or the death of, a participant resulting
from the inherent risks of fishing.
Section 3. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act prevents or limits the liability of a fishing tournament sponsor, a fishing
professional, or any other person if the fishing tournament sponsor, fishing professional, or other
person:
(1) Provides the equipment, boat, or watercraft, and knew or should have known that the
equipment, boat, or watercraft was faulty, and the equipment, boat, or watercraft was
faulty to the extent that it causes the injury; or provides the equipment, boat, or watercraft
and fails to make reasonable and prudent efforts to determine the proper operating
licensure and ability of the participant to engage safely in the fishing tournament and
determine the ability of the participant to safely manage the equipment, boat, or watercraft
based on the participant's representations of the participant's ability;
(2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or
facilities upon which the participant sustains any injury because of a dangerous latent
condition that was known to the fishing tournament sponsor, fishing professional, or
person and for which warning signs had not been conspicuously posted;
(3) Commits an act or omission that constitutes willful or wanton disregard for the safety of
the participant and that causes the injury; or
(4) Intentionally injures the participant.
Section 4. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act prevents or limits the liability of any fishing tournament sponsor or fishing
professional for any injury involving a participant if the recovery is made pursuant to warranty or
trespass.
Section 5. That the code be amended by adding a NEW SECTION to read:
Each fishing professional and fishing tournament sponsor shall post and maintain the following
sign:
WARNING: Under South Dakota law, no fishing tournament sponsor or fishing professional is
liable for an injury to, or the death of, a participant resulting from the inherent risks of fishing,
pursuant to this Act.
The sign shall be placed in a clearly visible location on or near boat docks, registration tables,
equipment rental stations, or where a fishing professional conducts fishing activities. The warning
notice shall appear on the sign in black letters, with each letter being a minimum of one inch in
height. Each written contract entered into by a fishing professional for the providing of professional
services, instruction, or the rental of equipment, a boat, or watercraft to a participant, whether or not
the contract involves fishing activities on or off the location or site of the fishing professional's
business, shall contain in clearly readable print the warning notice provided in this Act.
Signed March 10, 2016
_______________
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JUDICIAL REMEDIES
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\116.wpd
CHAPTER 116
(HB 1059)
Garnishment of debts and property, procedure revised.
ENTITLED, An Act to revise provisions related to the garnishment of debts and property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-18-2.1 be amended to read:
21-18-2.1. The term, earnings, as used in this chapter means compensation paid or payable for
personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and
includes periodic payments pursuant to a pension or retirement program.
Section 2. That § 21-18-3 be amended to read:
21-18-3. In any action where garnishment is permitted, the plaintiff, or some person on his the
plaintiff's behalf, may make an affidavit stating that he verily the plaintiff believes that some a named
person, naming him, is indebted to, or has property, real or personal, in his the person's possession
or under his the person's control belonging to the defendant, or either or any of the defendants in the
action, naming him, and that such defendant has not no property in this state other than property
subject to garnishment under this chapter sufficient to satisfy the plaintiff's demand, and that the
indebtedness or property mentioned in such affidavit is, to the best of the knowledge and belief of
the person making such affidavit, not by law exempt, and the amount of the claim sued upon.
Section 3. That § 21-18-3.1 be amended to read:
21-18-3.1. Garnishment of earnings may only be used following a prior to obtaining final
judgment in the principal action is prohibited.
Section 4. That § 21-18-7 be amended to read:
21-18-7. The garnishee summons, affidavit, and garnishment disclosure shall be served on each
of the several garnishees named, in the manner provided for service of a summons in an action or,
by certified mail, or by registered mail pursuant to § 21-18-11.
Section 5. That § 21-18-9 be amended to read:
21-18-9. If a garnishee summons, affidavit, and garnishment disclosure is served personally or
by certified mail, the garnishee shall be paid the sum of fifteen dollars to reimburse the garnishee for
the expense of preparing the garnishment disclosure which sum shall be taxed as a part of plaintiff's
costs. If the garnishee is not paid, the garnishment proceeding is void. The return of service of the
garnishee summons shall include a statement that the sum was paid. The garnishment disclosure
shall be returned to the plaintiff and filed with the court.
Section 6. That § 21-18-10 be amended to read:
21-18-10. The garnishee summons and affidavit shall also be served on the defendant to the
action, either before or within thirty days after service on a garnishee, unless service of the summons
in the action is made without the state or by publication
, or by registered mail pursuant to § 21-18-11. If the defendant appears in the action by attorney,
such service may be made upon
such the
attorney or upon the defendant.
Section 7. That § 21-18-11 be amended to read:
21-18-11. Such garnishee summons, affidavit, and garnishment disclosure may be served by
certified mail, return receipt requested, or personally by the sheriff of the county where any garnishee
or defendant may be found, or by any other person not a party to the action. The person subscribing
such garnishee summons may, at his option, by an endorsement thereon fix a time for the service
thereof, and the service shall then be made accordingly. The service shall be made and the same
returned, with proof of the service, to the person whose name is subscribed thereto, with reasonable
diligence. If, after reasonable diligence, service by certified mail or personal service by the sheriff
is unsuccessful within the time period provided for in § 21-18-10, the plaintiff may file an affidavit
stating that fact and may serve such garnishee summons, affidavit, and garnishment disclosure on
the defendant by mailing a copy of the documents, together with a copy to the garnishee, to the
defendant's last known address by registered mail. The service shall be made and the same returned,
with proof of the service, to the person whose name is subscribed thereto, with reasonable diligence.
The person subscribing such garnishee summons may, at his option, by an endorsement thereon fix
a time for the service thereof, and the service shall then be made accordingly. The garnishee may
proceed by complying with either § 21-18-32 or 21-18-33 and, by such compliance, is exonerated
from any further liability to any party to the garnishment.
Section 8. That § 21-18-12 be amended to read:
21-18-12. From the time of the service of the summons upon the garnishee he shall stand, the
garnishee is liable to the plaintiff to the amount of the property, money, credits, and effects in his the
garnishee's possession or under his the garnishee's control belonging to the defendant, or in which
he shall be the garnishee is interested, to the extent of his the garnishee's right or interest therein, and
of all debts due or to become due to the defendant, except such as may be by law exempt from
execution.
Section 9. That § 21-18-14.1 be amended to read:
21-18-14.1. Notwithstanding the provisions of § 21-18-14, the The plaintiff may obtain a one
hundred twenty-day continuing lien on wages by garnishment. If a lien is to be obtained, the plaintiff
shall mark on the caption of the garnishee summons "continuing lien" and all disclosure forms shall
include the following:
Garnishee will continue to
hold withhold the nonexempt portion of the defendant's earnings as
they accrue through the last payroll period ending on or before one hundred twenty days from the
effective date of the garnishee summons, or until the sum held equals the amount stated in the
garnishee summons, or until the employment relationship terminates, whichever first occurs.
At the time of the expected termination of the lien, the plaintiff shall mail to garnishee an
additional copy of the disclosure form upon which the garnishee within ten days shall make further
disclosure.
Section 10. That § 21-18-27.1 be amended to read:
21-18-27.1. A garnishment disclosure form shall be served upon the garnishee. The disclosure
shall be substantially in the following form:
State of South Dakota )
In ______________ Court
) ss.
County of _____________ )
_____________________
________________________________
Plaintiff
vs.
________________________________
Defendant
and Garnishment Disclosure
________________________________
Garnishee
I am the ______________ of the garnishee and duly authorized to disclose for the garnishee.
On the ____ day of ______________, 20_, the time of service of garnishee summons on the
garnishee, there was due and owing the defendant from the garnishee the following:
1. Earnings. For the purposes of garnishment, "earnings" means compensation payable for
personal service whether called wages, salary, commission, bonus or otherwise, and
includes periodic payments pursuant to a pension or retirement program. "Earnings" does
not include social security benefits or veterans' disability pension benefits, except when
the benefits are subject to garnishment to enforce any order for the support of a dependent
child. "Earnings" includes military retirement pay. "Disposable earnings" means that part
of the earnings of an individual remaining after the deduction from those earnings of
amounts required by law to be withheld (such as FICA, Medicare, social security taxes,
and child support). If the garnishee summons was served upon you at a time when
earnings from a prior completed pay period were owing but not paid, complete the
following disclosure for earnings from both the past pay period and the current pay
period.
a. Enter on the line below the amount of disposable earnings earned or to be earned
by the defendant within the defendant's pay periods which may be subject to
garnishment. ___________________________________________
b. Enter on the line below forty times the hourly federal minimum wage (or state
minimum wage, if greater) times the number of workweeks within the defendant's
pay periods which may be subject to garnishment plus twenty-five dollars per week
for each dependent family member residing with the garnishment debtor other than
the garnishment debtor himself or herself. When pay periods consist of other than
a whole number of workweeks, each day of a pay period in excess of the number
of completed workweeks shall be counted as a fraction of a workweek equal to the
number of workdays divided by the number of workdays in the normal workweek.
___________________________________________________
c. Enter on the line below the difference obtained (never less than zero) when line b
is subtracted from line a.
_______________________________________
d. Enter on the line below twenty percent (1/5) of line a.
_______________________
e. Enter on the line below the lesser of line c and line d.
__________________
2. Money. Enter on the line below any amounts due and owing defendant, except earnings,
from the garnishee. _________________________________________
3. Property. Describe on the line below any personal property, instruments or papers
belonging to the defendant and in the possession of the garnishee.
________________________________________________________________
4. Setoff. Enter on the line below the amount of any setoff, defense, lien or claim which the
garnishee claims against the amount set forth on lines 1(e), 2 and 3. Allege the facts by
which the setoff, defense, lien or claim is claimed. (Any indebtedness to a
garnishee-employer incurred by the judgment debtor within ten days prior to the receipt
of the first garnishment on a debt is void and should be disregarded.)
__________________________________________________________________
5. Adverse Interest. Enter on the line below any amounts claimed by other persons by reason
of ownership or interest in the defendant's property. State the names and addresses of the
persons and the nature of their claim, if known. (Any assignment of wages made by the
defendant within ten days prior to the receipt of the first garnishment on a debt is void and
should be disregarded.)
________________________________________________________________
6. Enter on the line below the total of lines 4 and 5.
___________________________
7. Enter on the line below the difference obtained (never less than zero) when line 6 is
subtracted from the sum of line 1(e), 2 and 3. _____________________________
8. Enter on the line below one hundred ten five percent of the amount of the judgment
creditor's judgment which remains unpaid set forth in the Affidavit of Garnishment.
________________________________
9. Enter on the line below the lesser of line 7 and line 8. As garnishee, you are hereby
instructed to retain this amount only if it is $10.00 $25.00 or more. The balance shall be
remitted to the debtor in a timely manner.
__________________________________
Signature ______________________________________________________
Authorized Representative of Garnishee
______________________________________________________
Title
Subscribed and sworn to before me this ________ day of ______________, 20_.
________________________
Notary Public
Section 11. That § 21-18-28 be amended to read:
21-18-28. In all cases in which the State of South Dakota is made garnishee defendant, it shall
not be is not necessary for the state to file a formal disclosure, but it shall be is a sufficient disclosure
for the state auditor to notify the plaintiff or his the plaintiff's attorney by registered or certified mail,
stating what amount, if any, is due to the principal defendant at the time of the service of summons
in garnishment upon him the state auditor. It shall be is the duty of the state auditor to so notify the
said plaintiff or his the plaintiff's attorney within the time for making a return in garnishment and he
the state auditor shall mail a copy of such the notice to the clerk of courts of the county in which said
the action was pending. No taking of issue shall be is permitted on any return or disclosure made by
the state auditor as herein provided.
Section 12. That § 21-18-34 be amended to read:
21-18-34. The state auditor may, in his the state auditor's discretion, at any time, pay to the clerk
of courts of the county in which the action is brought any moneys that may be due to the principal
defendant or such the part thereof as was determined or due at the time of the service of the
summons in garnishment upon the state. Upon the payment of said any money to the clerk of courts,
or upon notification by registered or certified mail by the state auditor to the plaintiff or his the
plaintiff's attorney of the amount, if any, due the defendant, the state auditor or any other state
official and the state shall be is absolutely exonerated from all liability.
Section 13. That § 21-18-37 be amended to read:
21-18-37. When an adverse claimant is made a garnishee defendant by notice as provided in this
chapter and sets up an affirmative claim to the fund or property involved, any of the other parties to
the principal action or garnishment may answer the same within thirty days after service thereof.
Section 14. That § 21-18-39 be amended to read:
21-18-39. If any garnishee, except the state, having been duly is summoned, shall fail to serve
his and fails to answer as required by this chapter, the court may render judgment against him the
garnishee for the amount of any judgment, including costs, which the plaintiff shall recover has
recovered in the principal action, together with the costs of the garnishee action.
Section 15. That § 21-18-43 be amended to read:
21-18-43. The garnishee may at his option defend the principal action for the defendant if the
latter does not, but shall be is under no obligation so to do.
Section 16. That § 21-18-49 be amended to read:
21-18-49. In case of the trial of an issue between the plaintiff and any garnishee, costs shall be
are awarded to the plaintiff and against the garnishee in addition to his the garnishee's liability if the
plaintiff recovers more than the garnishee admitted by his the garnishee's answer; and if he the
plaintiff does not, the garnishee shall recover costs of the plaintiff. In all other cases under this
chapter not expressly provided for, the court may award costs in favor of or against any party in its
discretion. When no such issue is tried the costs of the garnishee action shall be taxed for the
plaintiff in the principal garnishment action, if he recovers therein.
Section 17. That § 21-18-51 be amended to read:
21-18-51. The maximum part of the aggregate disposable earnings of a wage earner for any
workweek which is subject to garnishment may not exceed the lesser of:
(1) Twenty percent of disposable earnings for that week;
(2) The amount by which disposable earnings for that week exceed forty times the federal
minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) as amended and in effect on
July 24, 2009, or applicable state minimum wage if greater, or any equivalent multiple
thereof prescribed by regulation by the secretary of labor and regulation in case of
earnings for any pay period other than a week, in effect at the time the earnings are
payable less twenty-five dollars per week for each dependent family member residing with
the garnishment debtor other than the garnishment debtor himself or herself.
The restrictions of subdivisions (1) and (2) do not apply in the case of any order of any court for
the support of any person or any order of any court of bankruptcy under Title 11 of the United States
Code.
Section 18. That § 21-18-5 be repealed.
Section 19. That § 21-18-14 be repealed.
Section 20. That § 21-18-20 be repealed.
Section 21. That § 21-18-21 be repealed.
Section 22. That § 21-18-22 be repealed.
Section 23. That § 21-18-45 be repealed.
Signed February 25, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\117.wpd
CHAPTER 117
(HB 1153)
Allow eminent domain by mediation.
ENTITLED, An Act to allow parties to agree to resolve an eminent domain dispute by mediation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 21-35 be amended by adding a NEW SECTION to read:
The parties may by agreement refer a dispute that is the subject of a proceeding under this chapter
for resolution by mediation using the services of a mediator selected by the parties.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\117.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\118.wpd
CHAPTER 118
(HB 1134)
Access to property for the purpose of making surveys.
ENTITLED, An Act to provide for access to certain property for the purpose of making surveys.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 21-35 be amended by adding a NEW SECTION to read:
The provisions of this section only apply to a project which requires a siting permit pursuant to
chapter 49-41B. Each person vested with authority to take private property for public use may cause
an examination and survey to be made as necessary for its proposed facilities. The person or the
person's agents and officers may enter the private property for the purpose of the examination and
survey. Any person seeking to cause an examination or survey, where permission for examination
or survey has been denied, shall:
(1) Have filed a siting permit application with the public utilities commission pursuant to
§ 49-41B-11;
(2) Give thirty days written notice, including the filing and expected dates of entry, to the
owner and any tenant in possession of the private property; and
(3) Make a payment to the owner, or provide sufficient security for the payment, for any
actual damage done to the property by the entry.
This section does not apply to the state or its political subdivisions. This section is in addition
to and not in derogation of other existing law.
Signed March 15, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\118.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\119.wpd
CHAPTER 119
(HB 1062)
An order to change the name of a minor child
without prior publication.
ENTITLED, An Act to permit an order changing the name of a minor child without prior publication
in certain instances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 21-37 be amended by adding a NEW SECTION to read:
The court may grant an order changing the name of a minor child without publication of notice
or a hearing in open court if all of the following conditions are met:
(1) It appears from the pleadings that the minor child has been a resident of the county in
which the petition is filed for at least six months;
(2) The minor child's parents whose parental rights have not been terminated, and any other
person having legal rights to custody or guardianship of the minor child, give written
consent to the name change;
(3) The minor child, if twelve years of age or older, gives written consent to the name change;
and
(4) It appears to the court that the name change is in the minor child's best interests.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\119.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\120.wpd
CHAPTER 120
(SB 54)
Seniors and adults with disabilities
protected from abuse, neglect, and exploitation.
ENTITLED, An Act to adopt the Elder Abuse Task Force's statutory recommendations in order to
protect South Dakota seniors and adults with disabilities from abuse, neglect, and exploitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-46-1 be amended to read:
22-46-1. Terms used in this chapter mean:
(1) "Abuse," physical harm, bodily injury, or attempt to cause physical harm or injury, or the
infliction of fear of imminent physical harm or bodily injury on an elder or a disabled
adult;
(2) "Adult with a disability," a person eighteen years of age or older who suffers from has a
condition of intellectual disability, infirmities of aging as manifested by organic brain
damage, advanced age, or other physical dysfunctioning to the extent that the person is
unable to protect himself or herself or provide for his or her own care;
(2) "Caretaker," a person or entity who is entrusted with the property of an elder or adult with
a disability, or who is responsible for the health or welfare of an elder or adult with a
disability, and who assumes the position of trust or responsibility voluntarily, by contract,
by receipt of payment, or by order of the court;
(3) "Elder," a person sixty-five years of age or older;
(4) "Emotional and psychological abuse," a caretaker's willful, malicious, and repeated
infliction of:
(a) A sexual act or the simulation of a sexual act directed at and without the consent
of the elder or adult with a disability that involves nudity or is obscene;
(b) Unreasonable confinement;
(c) Harm or damage or destruction of the property of an elder or adult with a disability,
including harm to or destruction of pets; or
(d) Ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or
threats to inflict physical or emotional and psychological abuse, directed at an elder
or adult with a disability;
(5) "Exploitation," the wrongful taking or exercising of control over property of an elder or
a disabled adult with a disability with intent to defraud the elder or disabled adult with a
disability; and
(5)(6) "Neglect," harm to an elder's or a disabled adult's the health or welfare of an elder or an
adult with a disability, without reasonable medical justification, caused by the conduct of
a person responsible for the elder's or disabled adult's health or welfare a caretaker, within
the means available for the elder or disabled adult with a disability, including the failure
to provide adequate food, clothing, shelter, or medical care; and
(7)
"Physical abuse," physical harm, bodily injury, attempt to cause physical harm or injury,
or fear of imminent physical harm or bodily injury.
Section 2. That § 22-46-2 be amended to read:
22-46-2. Any person who physically abuses or neglects an elder or a disabled adult adult with
a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony.
Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty
of a Class 1 misdemeanor.
Section 3. That the code be amended by adding a NEW SECTION to read:
Terms used in sections 3 to 20, inclusive, of this Act mean, unless the context otherwise requires:
(1) "Attorney in fact," an agent under a power of attorney pursuant to chapter 59-2 or an
attorney in fact under a durable power of attorney pursuant to § 59-7-2.1;
(2) "Caretaker," a related or nonrelated person who has the responsibility for the health or
welfare of a vulnerable adult as a result of assuming the responsibility voluntarily, by
contract, by receipt of payment for care, or by order of the court;
(3) "Conservator," as defined in subdivision 29A-5-102(2);
(4) "Vulnerable adult abuse," any of the following:
(a) Physical abuse as defined in subdivision (7) of section 1 of this Act;
(b) Emotional and psychological abuse as defined in subdivision (4) of section 1 of
this Act;
(c) Neglect as defined in subdivision (6) of section 1 of this Act and § 22-46-1.1; or
(d) Financial exploitation;
(5) "Family or household member," a spouse, a person cohabiting with the vulnerable adult,
a parent, or a person related to the vulnerable adult by consanguinity or affinity, but does
not include children of the vulnerable adult who are less than eighteen years of age;
(6) "Fiduciary," a person or entity with the legal responsibility to make decisions on behalf
of and for the benefit of a vulnerable adult and to act in good faith and with fairness. The
term, fiduciary, includes an attorney in fact, a guardian, or a conservator;
(7) "Financial exploitation," exploitation as defined in subdivision (5) of section 1 of this Act
when committed by a person who stands in a position of trust or confidence;
(8) "Guardian," as defined in subdivision 29A-5-102(4);
(9) "Peace officer," as defined in subdivision 23A-45-9(13);
(10) "Petitioner," a vulnerable adult who files a petition pursuant to sections 3 to 20, inclusive,
of this Act, and includes a substitute petitioner who files a petition on behalf of a
vulnerable adult pursuant to sections 3 to 20, inclusive, of this Act;
(11) "Present danger of vulnerable adult abuse," a situation in which the respondent has
recently threatened the vulnerable adult with initial or additional abuse or neglect or the
potential for misappropriation, misuse, or removal of the funds, benefits, property,
resources, belongings, or assets of the vulnerable adult combined with reasonable grounds
to believe that abuse, neglect, or exploitation is likely to occur;
(12) "Pro se," a person proceeding on the person's own behalf without legal representation;
(13) "Stands in a position of trust or confidence," the person has any of the following
relationships relative to the vulnerable adult:
(a) Is a parent, spouse, adult child, or other relative by consanguinity or affinity of the
vulnerable adult;
(b) Is a caretaker for the vulnerable adult; or
(c) Is a person who is in a confidential relationship with the vulnerable adult. A
confidential relationship does not include a legal, fiduciary, or ordinary commercial
or transactional relationship the vulnerable adult may have with a bank
incorporated pursuant to the provisions of any state or federal law; any savings and
loan association or savings bank incorporated pursuant to the provisions of any
state or federal law; any credit union organized pursuant to the provisions of any
state or federal law; any attorney licensed to practice law in this state; or any agent,
agency, or company regulated under title 58 or chapter 36-21A;
(14) "Substitute petitioner," a family or household member, guardian, conservator, attorney in
fact, or guardian ad litem for a vulnerable adult, or other interested person who files a
petition pursuant to sections 3 to 20, inclusive, of this Act; and
(15) "Vulnerable adult," a person sixty-five years of age or older who is unable to protect
himself or herself from abuse as a result of age or a mental or physical condition, or an
adult with a disability as defined in section 1 of this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
A vulnerable adult or a substitute petitioner may seek relief from vulnerable adult abuse by filing
a petition and affidavit in the circuit court or in a magistrate court with a magistrate judge presiding.
Venue is where either party resides. The petition and affidavit shall include all of the following:
(1) The name of the vulnerable adult and the name and address of the vulnerable adult's
attorney, if any. If the vulnerable adult is proceeding pro se, the petition shall include a
mailing address for the vulnerable adult;
(2) The name of the substitute petitioner if the petition is being filed on behalf of a vulnerable
adult, and the name and address of the attorney of the substitute petitioner. If the
substitute petitioner is proceeding pro se, the petition shall include a mailing address for
the substitute petitioner;
(3) The name and address, if known, of the respondent;
(4) The relationship of the vulnerable adult to the respondent;
(5) The nature of the alleged vulnerable adult abuse, including specific facts and
circumstances of the abuse;
(6) The name and age of any other individual whose welfare may be affected; and
(7) The desired relief, including a request for temporary or emergency orders. A petition for
relief may be made whether or not there is a pending lawsuit, complaint, petition, or other
action between the parties. However, if there is any other lawsuit, complaint, petition, or
other action pending between the parties, any new petition made pursuant to this section
shall be made to the judge previously assigned to the pending lawsuit, petition, or other
action, unless good cause is shown for the assignment of a different judge.
If a petition for a protection order alleging the existence of vulnerable adult abuse is filed with
the court pursuant to this section and if the court, upon an initial review, determines that the
allegations do not support the existence of vulnerable adult abuse, but that the allegations do support
the existence of stalking or physical injury pursuant to § 22-19A-8 or domestic abuse pursuant to
§ 25-10-3, the court may hear and act upon the petition as though the petition had been filed under
§ 22-19A-8 or § 25-10-3 and subject to the provisions of the respective chapters.
Section 5. That the code be amended by adding a NEW SECTION to read:
If an affidavit filed with a petition under section 4 of this Act alleges that the vulnerable adult
is in present danger of vulnerable adult abuse before an adverse party or his or her attorney can be
heard in opposition, the court may grant an ex parte temporary protection order pending a full
hearing and grant relief as the court deems proper, including an order:
(1) Restraining any person from committing vulnerable adult abuse; and
(2) Excluding any person from the dwelling or the residence of the vulnerable adult.
Section 6. That the code be amended by adding a NEW SECTION to read:
If a substitute petitioner files a petition pursuant to section 4 of this Act on behalf of a vulnerable
adult, the vulnerable adult retains the right to all of the following:
(1) To contact and retain counsel;
(2) To have access to personal records;
(3) To file objections to the protection order;
(4) To request a hearing on the petition; and
(5) To present evidence and cross-examine witnesses at the hearing.
Section 7. That the code be amended by adding a NEW SECTION to read:
By July 1, 2016, the Unified Judicial System shall prescribe standard forms to be used by a
vulnerable adult or substitute petitioner seeking a protection order by proceeding pro se in an action
pursuant to sections 3 to 20, inclusive, of this Act.
The clerk of the circuit court shall furnish the required forms to any person seeking a protection
order through pro se proceedings pursuant to sections 3 to 20, inclusive, of this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
Pursuant to § 15-6-17(c), the court may on its own motion or on the motion of a party appoint
a guardian ad litem for a vulnerable adult if justice requires. The vulnerable adult's attorney may not
also serve as the guardian ad litem.
Section 9. That the code be amended by adding a NEW SECTION to read:
Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a
hearing which shall be held not later than thirty days from the date of the order unless the court
grants a continuance for good cause. Personal service of the petition, affidavit, and notice for hearing
shall be made on the respondent not less than five days prior to the hearing.
Upon application of a party, the court shall issue subpoenas requiring attendance and testimony
of witnesses and production of papers.
The court shall exercise its discretion in a manner that protects the vulnerable adult from
traumatic confrontation with the respondent.
Hearings shall be recorded.
Upon application, notice to all parties, and hearing, the court may modify the terms of an existing
protection order.
Section 10. That the code be amended by adding a NEW SECTION to read:
An ex parte temporary protection order is effective for a period of thirty days except as provided
in section 11 of this Act unless the court grants a continuance for good cause. No continuance may
exceed thirty days unless the court finds good cause for the additional continuance and:
(1) The parties stipulate to an additional continuance; or
(2) The court finds that law enforcement is unable to locate the respondent for purposes of
service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection order
until the rescheduled hearing date. The respondent shall be personally served with a copy of the ex
parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. The
ex parte order shall be served without delay under the circumstances of the case including service
of the ex parte order on a Sunday or holiday. The law enforcement agency serving the order shall
notify the petitioner by telephone or written correspondence when the order is served if the petitioner
has provided to the law enforcement agency either a telephone number or address, or both, where
the petitioner may be contacted. The law enforcement agency and any officer of the law enforcement
agency is immune from civil and criminal liability if the agency or the officer makes a good faith
attempt to notify the petitioner in a manner consistent with the provisions of this section.
Section 11. That the code be amended by adding a NEW SECTION to read:
If an ex parte temporary protection order is in effect and the court issues a protection order
pursuant to sections 13 to 20, inclusive, of this Act, the ex parte temporary protection order remains
effective until the order issued pursuant to sections 13 to 20, inclusive, of this Act is served on the
respondent.
Section 12. That the code be amended by adding a NEW SECTION to read:
The showing required pursuant to section 13 of this Act may be made by any of the following:
(1) The vulnerable adult;
(2) The guardian, conservator, attorney in fact, or guardian ad litem of the vulnerable adult;
(3) A witness to the vulnerable adult abuse; or
(4) An adult protective services worker who has conducted an investigation.
Section 13. That the code be amended by adding a NEW SECTION to read:
Upon a finding by a preponderance of the evidence that vulnerable adult abuse has occurred, the
court may order any of the following:
(1) That the respondent be required to move from the residence of the vulnerable adult if both
the vulnerable adult and the respondent are titleholders or contract holders of record of
the real property, are named as tenants in the rental agreement concerning the use and
occupancy of the dwelling unit, are living in the same residence, or are married to each
other;
(2) That the respondent provide suitable alternative housing for the vulnerable adult;
(3) That a peace officer accompany the party who is leaving or has left the party's residence
to remove essential personal effects of the party;
(4) That the respondent be restrained from vulnerable adult abuse;
(5) That the respondent be restrained from entering or attempting to enter on any premises
when it appears to the court that restraint is necessary to prevent the respondent from
committing vulnerable adult abuse;
(6) That the respondent be restrained from exercising any powers on behalf of the vulnerable
adult through a court-appointed guardian, conservator, or guardian ad litem, an attorney
in fact, or another third party; and
(7) In addition to the relief provided in section 14 of this Act, other relief that the court
considers necessary to provide for the safety and welfare of the vulnerable adult.
Any relief granted by the order for protection shall be for a fixed period and may not exceed five
years.
Section 14. That the code be amended by adding a NEW SECTION to read:
If the court finds that the vulnerable adult has been the victim of financial exploitation, the court
may order the relief the court considers necessary to prevent or remedy the financial exploitation,
including any of the following:
(1) Directing the respondent to refrain from exercising control over the funds, benefits,
property, resources, belongings, or assets of the vulnerable adult;
(2) Requiring the respondent to return custody or control of the funds, benefits, property,
resources, belongings, or assets to the vulnerable adult;
(3) Requiring the respondent to follow the instructions of the guardian, conservator, or
attorney in fact of the vulnerable adult; and
(4) Prohibiting the respondent from transferring the funds, benefits, property, resources,
belongings, or assets of the vulnerable adult to any person other than the vulnerable adult.
Section 15. That the code be amended by adding a NEW SECTION to read:
The court may not use an order issued pursuant to sections 13 to 20, inclusive, of this Act, to do
any of the following:
(1) To allow any person other than the vulnerable adult to assume responsibility for the funds,
benefits, property, resources, belongings, or assets of the vulnerable adult; or
(2) For relief that is more appropriately obtained in a proceeding filed pursuant to chapter
29A-5 including giving control and management of the funds, benefits, property,
resources, belongings, or assets of the vulnerable adult to a conservator for any purpose
other than the relief granted pursuant to section 14 of this Act.
Section 16. That the code be amended by adding a NEW SECTION to read:
A protection order shall be for a fixed period of time not to exceed five years. The court may
amend or extend an order at any time upon a petition filed by either party and after notice and a
hearing. The court may extend an order if the court, after a hearing at which the respondent has the
opportunity to be heard, finds that the respondent continues to pose a threat to the safety of the
vulnerable adult, a person residing with the vulnerable adult, or a member of the vulnerable adult's
immediate family, or continues to present a risk of financial exploitation of the vulnerable adult. The
number of extensions that the court may grant is not limited.
Section 17. That the code be amended by adding a NEW SECTION to read:
The court may order that the respondent pay the attorney's fees and court costs of the vulnerable
adult and substitute petitioner.
Section 18. That the code be amended by adding a NEW SECTION to read:
An order pursuant to sections 3 to 20, inclusive, of this Act, does not affect title to real property.
Section 19. That the code be amended by adding a NEW SECTION to read:
The petitioner may deliver an order within twenty-four hours to the local law enforcement agency
having jurisdiction over the residence of the vulnerable adult. Each law enforcement agency shall
make available to other law enforcement officers information as to the existence and status of any
order for protection issued pursuant to sections 3 to 20, inclusive, of this Act.
Section 20. That the code be amended by adding a NEW SECTION to read:
The petitioner's right to relief under sections 3 to 20, inclusive, of this Act, is not affected by the
vulnerable adult leaving home to avoid vulnerable adult abuse.
Section 21. That § 22-46-3 be amended to read as follows:
22-46-3. Any person who, having assumed the duty
voluntarily, by written contract, by receipt
of payment for care, or by order of a court to provide for the support of an elder or
a disabled an
adult
with a disability, and having been entrusted with the property of that elder or
disabled adult
with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due
and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation
is
punishable as theft pursuant to chapter 22-30A.
Section 22. That § 22-46-9 be amended to read as follows:
22-46-9. Any person who is a:
(1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious
healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical
technician, social worker, or any health care professional;
(2) Long-term care ombudsman;
(3) Psychologist, licensed mental health professional, or counselor engaged in professional
counseling; or
(4) State, county, or municipal criminal justice employee or law enforcement officer;
who knows, or has reasonable cause to suspect, that an elder or
disabled adult
with a disability has
been or is being abused
or, neglected,
or exploited, shall, within twenty-four hours, report such
knowledge or suspicion orally or in writing to the state's attorney of the county in which the elder
or
disabled adult
with a disability resides or is present, to the Department of Social Services, or to
a law enforcement officer. Any person who knowingly fails to make the required report is guilty of
a Class 1 misdemeanor.
A person described in this section is not required to report the abuse, neglect, or exploitation of
an elder or adult with a disability if the person knows that another person has already reported to a
proper agency the same abuse, neglect, or exploitation that would have been the basis of the person's
own report.
Section 23. That chapter 22-46 be amended by adding a NEW SECTION to read:
The person making a report as required by § 22-46-9 and as permitted by § 22-46-11 shall
provide, or a proper agency receiving the report shall acquire, to the extent possible, the following
information:
(1) The name, age, physical address, and contact information of the elder or adult with a
disability;
(2) The name, age, physical address, and contact information of the person making the report;
(3) The name, age, physical address, and contact information of the caretaker of the elder or
adult with a disability;
(4) The name of the alleged perpetrator;
(5) The nature and extent of the elder or adult with a disability's injury, whether physical or
financial, if any;
(6) The nature and extent of the condition that required the report to be made; and
(7) Any other pertinent information.
Section 24. That § 22-46-5 be amended to read:
22-46-5. The person or agency that receives, pursuant to § 22-46-7, a report of abuse, neglect,
or exploitation of an elder or adult with a disability shall also forward the report to the Office of the
Attorney General, if the person or agency determines that reasonable suspicion exists to support
further investigation. In investigating violations a violation of this chapter, law enforcement agencies
shall cooperate with and assist the Department of Social Services. Upon receiving a report made
pursuant to this chapter, the law enforcement agency shall evaluate whether a criminal investigation
is appropriate.
Section 25. That § 22-46-11 be amended to read:
22-46-11. Any person who knows or has reason to suspect that an elderly or disabled elder or
adult with a disability has been abused or, neglected, or exploited as defined in § 22-46-2 or 22-46-3
§§ 22-46-1 to 22-46-3, inclusive, may report that information, regardless of whether that person is
one of the mandatory reporters listed in §§ 22-46-9 and 22-46-10.
Section 26. That chapter 37-24 be amended by adding a NEW SECTION to read:
A financial institution, as defined in 31 U.S.C. § 5312(a)(2), who voluntarily or mandatorily
reports via a suspicious activity report, pursuant to 31 U.S.C. § 5318(g), any possible violation of
law or regulation constituting exploitation, as defined in subdivision (5) of section 1 of this Act, may
also report the information contained in the suspicious activity report to state or local law
enforcement. A financial institution is immune from any civil or criminal liability that might
otherwise result from complying with this section.
Section 27. That chapter 37-24 be amended by adding a NEW SECTION to read:
A financial institution shall cooperate with any lead investigative agency, law enforcement, or
prosecuting authority that is investigating the abuse, neglect, or exploitation of an elder or adult with
a disability and comply with reasonable requests for the production of financial records. A financial
institution is immune from any civil or criminal liability that might otherwise result from complying
with this section.
Section 28. That chapter 22-46 be amended by adding a NEW SECTION to read:
A court may find that an elder or adult with a disability has been exploited as defined in
§ 22-46-1 or 22-46-3. If a court finds exploitation occurred, the elder or adult with a disability has
a cause of action against the perpetrator and may recover actual and punitive damages for the
exploitation. The action may be brought by the elder or adult with a disability, or that person's
guardian, conservator, by a person or organization acting on behalf of the elder or adult with a
disability with the consent of that person or that person's guardian or conservator, or by the personal
representative of the estate of a deceased elder or adult with a disability without regard to whether
the cause of death resulted from the exploitation. The action may be brought in any court of
competent jurisdiction to enforce the action. A party who prevails in the action may recover
reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.
Section 29. That chapter 22-46 be amended by adding a NEW SECTION to read:
In addition to the damages prescribed in section 28 of this Act, the court may impose the
following penalties:
(1) Revoke, in whole or in part, any revocable:
(a) Provision by the elder or adult with a disability that is contained in a governing
instrument that confers a general or nongeneral power of appointment on the
perpetrator; and
(b) Nomination or appointment by the elder or adult with a disability that is contained
in a governing instrument that nominates or appoints the perpetrator to serve in any
fiduciary or representative capacity, including serving as a personal representative,
executor, guardian, conservator, trustee, attorney in fact, or agent;
(2) Sever the interests of the elder or adult with a disability and the perpetrator in any
property that is held by them at the time of the violation as joint tenants with the right of
survivorship and transform the interests of the elder or adult with a disability and the
perpetrator into tenancies in common. To the extent that the perpetrator did not provide
adequate consideration for the jointly held interest, the court may cause the person's
interest in the subject property to be forfeited in whole or in part.
Section 30. That chapter 22-46 be amended by adding a NEW SECTION to read:
A severance pursuant to subdivision (2) of section 29 of this Act does not affect any third party
interest in property that was acquired for value and in good faith reliance on apparent title by
survivorship in the perpetrator unless a writing declaring the severance has been noted, registered,
filed, or recorded in records that are appropriate to the kind and location of the property and that are
relied on as evidence of ownership in the ordinary course of transactions involving that property.
Section 31. That chapter 22-46 be amended by adding a NEW SECTION to read:
If the court imposes a revocation pursuant to subdivision (1) of section 29 of this Act, provisions
of the governing instrument shall be given effect as if the perpetrator disclaimed all provisions
revoked by the court or, in the case of a revocation of a nomination in a fiduciary or representative
capacity, the perpetrator predeceased the decedent.
Section 32. That chapter 22-46 be amended by adding a NEW SECTION to read:
The court may authorize remedies provided in section 14 of this Act for violations under section
28 of this Act or § 22-46-3.
Section 33. That chapter 22-46 be amended by adding a NEW SECTION to read:
The remedies provided in sections 28 to 32, inclusive, of this Act, are in addition to and
cumulative with other legal and administrative remedies available to an elder or adult with a
disability.
Section 34. That § 59-7-2.1 be amended to read:
59-7-2.1. Notwithstanding § 59-7-2, if a principal designates another as the principal's attorney
in fact or agent by a written power of attorney which contains the words "This power of attorney
shall not be affected by disability of the principal," or "This power of attorney shall become effective
upon the disability of the principal," or similar words showing the intent of the principal that the
authority conferred is exercisable notwithstanding the principal's disability, the authority of the
attorney in fact or agent is exercisable by the attorney in fact or agent as provided in the power on
behalf of the principal notwithstanding any later disability or incapacity of the principal or later
uncertainty as to whether or not the principal is dead or alive.
The durable power of attorney must be signed by the principal or in the principal's conscious
presence by another individual directed by the principal to sign the principal's name on the power
of attorney. The signature must be witnessed by two other adult individuals or by a notary public.
A power of attorney granted pursuant to this section may authorize the attorney-in-fact to consent
to, to reject, or to withdraw consent for health care, including any care, service, or procedure to
maintain, diagnose, or treat a person's physical or mental condition.
Section 35. That chapter 59-7 be amended by adding a NEW SECTION to read:
If a conservator of the principal is appointed after the occurrence of the disability or incapacity
referred to in § 59-7-2.1, any power of attorney authorizing an agent to act on the principal's finances
or estate is terminated at the time of the appointment and the person acting under the power of
attorney shall account to the conservator rather than to the principal.
Section 36. That chapter 59-7 be amended by adding a NEW SECTION to read:
If, after a principal executes a power of attorney for health care pursuant to § 59-7-2.1, a court
appoints a guardian of the principal's person, the power of attorney is terminated at the time of the
appointment, but the guardian shall follow any provisions contained in the power of attorney for
health care delineating the principal's wishes for medical and end-of-life care.
Section 37. That § 29A-5-118 be amended to read:
29A-5-118. The appointment of a guardian or conservator of a protected person does not
constitute a general finding of legal incompetence unless the court so orders, and the protected
person shall otherwise retain all rights which have not been granted to the guardian or conservator,
with the exception of the ability to create an agency and confer authority on another person to do any
act that the protected person might do, pursuant to § 59-2-1. Unless prior authorization of the court
is first obtained, a guardian or conservator may not change the residence of the minor or protected
person to another state, terminate or consent to a termination of the minor's or protected person's
parental rights, initiate a change in the minor's or protected person's marital status, or revoke or
amend a durable power of attorney of which the protected person is the principal, except as provided
in sections 35 and 36 of this Act.
Section 38. That chapter 29A-5 be amended by adding a NEW SECTION to read:
The State Bar of South Dakota shall prepare and approve training curricula for persons appointed
as guardians and conservators. The training curricula shall include:
(1) The rights of minors and protected persons under chapter 29A-5 and under the laws of the
United States generally;
(2) The duties and responsibilities of guardians and conservators;
(3) Reporting requirements;
(4) Least restrictive options in the areas of housing, medical care, and psychiatric care; and
(5) Resources to assist guardians and conservators in fulfilling their duties.
Each person appointed by the court to be a guardian or conservator must complete the training
curricula within four months after the appointment as a guardian or conservator.
Section 39. That § 29A-5-110 be amended to read:
29A-5-110. Any adult individual may be appointed as a guardian, a conservator, or both, if
capable of providing an active and suitable program of guardianship or conservatorship for the minor
or protected person, and if not employed by any public or private agency, entity, or facility that is
providing substantial services or financial assistance to the minor or protected person. The court may
waive the prohibition on appointing an individual as guardian or conservator because of the
individual's employment if the court finds the appointment is in the best interest of the minor or
protected person.
Any public agency or nonprofit corporation may be appointed as a guardian, a conservator, or
both, if it is capable of providing an active and suitable program of guardianship or conservatorship
for the minor or protected person, and if it is not providing substantial services or financial assistance
to the minor or protected person.
Any bank or trust company authorized to exercise trust powers or to engage in trust business in
this state may be appointed as a conservator if it is capable of providing a suitable program of
conservatorship for the minor or protected person.
The Department of Human Services or the Department of Social Services may be appointed as
a guardian, a conservator, or both, for individuals under its care or to whom it is providing services
or financial assistance, but such appointment may only be made if there is no individual, nonprofit
corporation, bank or trust company, or other public agency that is qualified and willing to serve.
No individual or entity, other than a bank or trust company, whose only interest is that of a
creditor, is eligible for appointment as either a guardian or conservator.
No individual who has been convicted of a felony is eligible for appointment as a guardian or
conservator unless the court finds appointment of the person convicted of a felony to be in the best
interests of the person for whom the guardianship or conservatorship is sought. As part of the best
interest determination, the court shall consider the nature of the offense, the date of offense, and the
evidence of the proposed guardian's or proposed conservator's rehabilitation.
A person, except for a financial institution or its officers, directors, employees, or agents, or a
trust company, who has been nominated for appointment as a guardian or conservator, shall obtain
an Interstate Identification Index criminal history record check and a record check of South Dakota
state court civil judgments for abuse, neglect, or exploitation of an elder or adult with a disability.
The nominee shall file the results of these record checks with the court at least ten days prior to the
appointment hearing date, unless waived or modified by the court for good cause shown by affidavit
filed simultaneously with the petition for appointment.
The judge may not sign an order appointing a guardian or conservator until the record check
results have been filed with the court and reviewed by the judge. The record check results, or the lack
thereof, shall be certified by affidavit. The court may not require a record check upon the application
of a petitioner for a temporary guardianship or temporary conservatorship. The court may waive the
record check for good cause shown.
Section 40. That § 29A-5-111 be amended to read:
29A-5-111. The appointment of a guardian or conservator does not become effective nor may
letters of guardianship or conservatorship issue until the guardian or conservator has filed an
acceptance of office and any required bond.
The court may not require the filing of a bond by a guardian except for good cause shown.
The court shall determine whether the filing of a bond by a conservator is necessary. In
determining the necessity for or amount of a conservator's bond, the court shall consider:
(1) The value of the personal estate and annual gross income and other receipts within the
conservator's control;
(2) The extent to which the estate has been deposited under an arrangement requiring an order
of court for its removal;
(3) Whether an order has been entered waiving the requirement that accountings be filed and
presented or permitting accountings to be filed less frequently than annually;
(4) The extent to which the income and receipts are payable directly to a facility responsible
for or which has assumed responsibility for the care or custody of the minor or protected
person;
(5) Whether a guardian has been appointed, and if so, whether the guardian has presented
reports as required;
(6) Whether the conservator was appointed pursuant to a nomination which requested that
bond be waived; and
(7) Any other factors which the court deems appropriate.
Any required bond shall be with such surety and in such amount and form as the court may order.
The court may order additional bond or reduce bond whenever it considers such modification to be
in the best interests of the minor, the protected person, or the estate.
The surety or sureties of the bond must immediately serve notice to the court and to the minor,
the protected person, or the estate if the bond is not renewed by the guardian or conservator.
Signed March 11, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\120.wpd
CRIMES
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\121.wpd
CHAPTER 121
(SB 140)
No life sentences for defendants under the age of eighteen.
ENTITLED, An Act to eliminate life sentences for defendants under the age of eighteen at the time
of the crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-6-1 be amended to read:
22-6-1. Except as otherwise provided by law, felonies are divided into the following nine classes
which are distinguished from each other by the following maximum penalties which are authorized
upon conviction:
(1) Class A felony: death or life imprisonment in the state penitentiary. A lesser sentence than
death or life imprisonment may not be given for a Class A felony. In addition, a fine of
fifty thousand dollars may be imposed;
(2) Class B felony: life imprisonment in the state penitentiary. A lesser sentence may not be
given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed;
(3) Class C felony: life imprisonment in the state penitentiary. In addition, a fine of fifty
thousand dollars may be imposed;
(4) Class 1 felony: fifty years imprisonment in the state penitentiary. In addition, a fine of
fifty thousand dollars may be imposed;
(5) Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition, a fine
of fifty thousand dollars may be imposed;
(6) Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine of
thirty thousand dollars may be imposed;
(7) Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of
twenty thousand dollars may be imposed;
(8) Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine of ten
thousand dollars may be imposed; and
(9) Class 6 felony: two years imprisonment in the state penitentiary or a fine of four thousand
dollars, or both.
If the defendant is under the age of eighteen years at the time of the offense and found guilty of
a Class A
, or B
, or C felony, the maximum sentence may be
life imprisonment in the state
penitentiary. In addition, a term of years in the state penitentiary, and a fine of fifty thousand dollars
may
be imposed.
The court, in imposing sentence on a defendant who has been found guilty of a felony, shall order
in addition to the sentence that is imposed pursuant to the provisions of this section, that the
defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.
Nothing in this section limits increased sentences for habitual criminals under §§ 22-7-7, 22-7-8,
and 22-7-8.1.
Section 2. That the code be amended by adding a NEW SECTION to read:
The penalty of life imprisonment may not be imposed upon any defendant for any offense
committed when the defendant was less than eighteen years of age.
Signed March 16, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\121.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\122.wpd
CHAPTER 122
(SB 30)
Department of Corrections employees
excluded from concealed carry requirements when on duty.
ENTITLED, An Act to provide that Department of Corrections employees are excluded from
concealed weapons permit requirements when on duty and acting under the color of authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-14-9 be amended to read:
22-14-9. Any person, other than a law enforcement officer
or parole agent as defined in § 22-1-2
acting under color of authority, who:
(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person
without a permit as provided in chapter 23-7; or
(2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating
the vehicle, without a permit as provided in chapter 23-7;
is guilty of a Class 1 misdemeanor.
Section 2. That § 23-7-8.1 be amended to read:
23-7-8.1. 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, Department
of Corrections employees, 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.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\122.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\123.wpd
CHAPTER 123
(HB 1243)
Unauthorized sharing prohibited of private images on the internet.
ENTITLED, An Act to prohibit the unauthorized sharing of certain private images on the internet.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-21-4 be amended to read:
22-21-4. No person may use or disseminate in any form any visual recording or photographic
device to photograph or visually record any other person without clothing or under or through the
clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body
of, or the undergarments worn by, that other person, without the consent or knowledge of that other
person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other
person, under circumstances in which the other person has a reasonable expectation of privacy. A
violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6
felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one
years old.
Section 2. That chapter 22-21 be amended by adding a NEW SECTION to read:
Nothing in this Act shall be construed to impose liability on a provider of an electronic
communication service, an information service, a mobile service, including a commercial mobile
service, a telecommunication service, an interactive computer service, or a cable service as those
terms are defined under federal law.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\123.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\124.wpd
CHAPTER 124
(SB 169)
Revisions for the crime of child pornography.
ENTITLED, An Act to revise provisions related to child pornography and to revise the penalty
therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24A-1 be amended to read:
22-24A-1. Any person who sells, or displays for sale, any book, magazine, pamphlet, slide,
photograph, film, or electronic or digital media image depicting a minor engaging in a prohibited
sexual act, or engaging in an activity that involves nudity, or in the simulation of any such act is
guilty of a Class 6 Class 4 felony.
Section 2. That § 22-24A-5 be amended to read:
22-24A-5. A person is guilty of solicitation of a minor if the person eighteen years of age or
older:
(1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a
prohibited sexual act; or
(2) Knowingly compiles or transmits by means of a computer; or prints, publishes or
reproduces by other computerized or any other electronic means; or buys, sells, receives,
exchanges or disseminates, any notice, statement or advertisement of any minor's name,
telephone number, place of residence, physical characteristics or other descriptive or
identifying information for the purpose of soliciting a minor or someone the person
reasonably believes is a minor to engage in a prohibited sexual act.
The fact that an undercover operative or law enforcement officer was involved in the detection
and investigation of an offense under this section does not constitute a defense to a prosecution under
this section.
Consent to performing a prohibited sexual act by a minor or a minor's parent, guardian, or
custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.
A violation of this section is a Class 4 felony.
The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating
this section.
Nothing contained in this section shall be construed to impose liability on a provider of an
electronic communication service, an information service, a mobile service, including a commercial
mobile service, a telecommunication service, an interactive computer service, or a cable service.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\124.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\125.wpd
CHAPTER 125
(SB 25)
Property forfeiture for persons convicted of certain crimes.
ENTITLED, An Act to revise certain provisions concerning forfeiture of property interests of
persons convicted of certain crimes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24A-15 be amended to read:
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, 43-43B-1 to 43-43B-3,
inclusive, and 22-23-2, 22-23-8, and 22-23-9, or under 18 U.S.C. §§ 1466A, 1470, 1591, 2251,
2251A, 2252, 2252A, 2252B, 2252C, 2260, 2421, 2422, and 2423, as of January 1, 2016, 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, 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, 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.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\125.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\126.wpd
CHAPTER 126
(SB 26)
Sex offender registration requirements updated.
ENTITLED, An Act to revise certain provisions concerning sex offender registration and to require
an offender to notify of intended foreign travel.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-1 be amended to read:
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, conspiracy, or solicitation 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, court martial offense, or tribal offense committed in a place other than this
state which would constitute that constitutes a sex crime under this section if committed
in this state;
(17) Any federal crime or, court martial offense, or tribal offense that would constitute
constitutes 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;
(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.
Section 2. That § 22-24B-2 be amended to read:
22-24B-2. Any person who has been convicted for commission of a sex crime, as defined in
§ 22-24B-1, shall register in person 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 before 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 the crime 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 before 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
or the sheriff of the county 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.
The sex offender shall
notify the chief of police or sheriff if there is a change where the sex offender resides, attends school,
or works. 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
pursuant to § 23A-27-14 after July 1, 1995, shall forward a certified copy of such the 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 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 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.
Section 3. That § 22-24B-8 be amended to read:
22-24B-8. The registration shall include the following information which, unless otherwise
indicated, shall be provided by the offender:
(1) Name, date of birth, and all aliases used;
(2) Complete description, photographs, fingerprints and palm prints collected and provided
by the registering agency;
(3) Residence, length of time at that residence including the date the residence was
established, and length of time expected to remain at that residence;
(4) The type of sex crime convicted of;
(5) The date of commission and the date of conviction of any sex crime committed;
(6) Social Security number on a separate confidential form;
(7) Driver license or identification card number and, state of issuance, and a photocopy of the
driver license or identification card;
(8) Whether or not the registrant is receiving or has received any sex offender treatment;
(9) Employer name, address, and phone number or school name, address, and phone number;
(10) Length of employment or length of attendance at school;
(11) Occupation or vocation;
(12) Vehicle license plate number of any vehicle owned or regularly operated by the offender;
(13) Information identifying any internet accounts of the offender as well as any user names,
screen names, and aliases that the offender uses on the internet;
(14) A listing of all felony convictions, in any jurisdiction, for crimes committed as an adult
and sex offense convictions and adjudications subject to sex offender registry provided
by the offender and confirmed by the registering agency;
(15) A description of the offense, provided by the prosecuting attorney;
(16) Acknowledgment whether the offender is currently an inmate, parolee, juvenile in
department of corrections placement or under aftercare supervision, county or city jail
inmate or detainee in a juvenile detention center, provided by the offender and confirmed
by the administering body of the correctional facility;
(17) Acknowledgment whether the offender is subject to community safety zone restrictions,
provided by the registering agency;
(18) The name, address and phone number of two local contacts, who have regular interaction
with the offender and the name, address and phone number of the offender's next of kin;
(19) Passport and any document establishing immigration status, including the document type
and number along with a photocopy of the passport or immigration document; and
(20) Any professional, occupational, business or trade license from any jurisdiction.
In addition, at the time of the offender's registration, the registering agency will collect a DNA
sample and submit the sample to the South Dakota State Forensic Laboratory in accordance with
procedures established by the South Dakota State Forensic Laboratory. The collection of DNA at the
time of the registration is not required if the registering agency can confirm that DNA collection and
submission to the South Dakota State Forensic Laboratory has already occurred.
Any failure by the offender to accurately provide the information required by this section is a
Class 6 felony.
Section 4. That chapter 22-24B be amended by adding a NEW SECTION to read:
A sex offender shall report his or her intention to travel outside of the United States at least
twenty-one days in advance of the travel to the chief of police or county sheriff. The law enforcement
officer shall complete a notification of international travel of sex offender form and forward the form
to the Division of Criminal Investigation. The division shall forward the form to the United States
marshals service national sex offender targeting center. A violation of this section is a Class 1
misdemeanor.
Signed March 15, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\126.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\127.wpd
CHAPTER 127
(HB 1244)
Sex offender registry revised.
ENTITLED, An Act to revise provisions related to the sex offender registry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-19 be amended to read:
22-24B-19. To be eligible for removal from the registry as a Tier I offender, the petitioner shall
show, by clear and convincing evidence, that all of the following criteria have been met:
(1) At least ten five years have elapsed since the date the petitioner first registered pursuant
to this chapter;
(2) The crime requiring registration was for:
(a) Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape
under subdivision 22-22-1(5), but only if the petitioner was twenty-one years of age
or younger at the time the offense was committed or attempted;
(b) A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1);
(c) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and
sixteen and the petitioner was at least three years older than the victim, but only if
the petitioner was twenty-one years of age or younger at the time the offense was
committed; or
(d) An out-of-state, federal or court martial offense that is comparable to the elements
of the crimes listed in (a), (b), or (c);
(3) The circumstances surrounding the crime requiring registration did not involve a child
under the age of thirteen;
(4) The petitioner is not a recidivist sex offender;
(5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and
(6) Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk
or danger to the community.
For purposes of this section, any period of time during which the petitioner was incarcerated or
during which the petitioner was confined in a mental health facility does not count toward the
ten-year five-year calculation, regardless of whether such incarceration or confinement was for the sex
offense requiring registration or for some other offense.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\127.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\128.wpd
CHAPTER 128
(SB 19)
Elder and disabled abuse reporting requirements revised.
ENTITLED, An Act to revise certain mandatory reporting requirements for elder and disabled adult
abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-46-9 be amended to read:
22-46-9. Any person who is a:
(1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious
healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical
technician, social worker, or any health care professional;
(2) Long-term care ombudsman;
(3) Psychologist, licensed mental health professional, or counselor engaged in professional
counseling; or
(4) State, county, or municipal criminal justice employee or law enforcement officer;
who knows, or has reasonable cause to suspect, that an elder or disabled adult has been or is being
abused or neglected, shall, within twenty-four hours, report
such the knowledge or suspicion orally
or in writing to the state's attorney of the county in which the elder or disabled adult resides or is
present, to the Department of Social Services, or to a law enforcement officer. Any person who
knowingly fails to make the required report is guilty of a Class 1 misdemeanor.
For the purposes of this section, the term, person, means:
(1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious
healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical
technician, social worker, or any health care professional;
(2) Psychologist, licensed mental health professional, or counselor engaged in professional
counseling; or
(3) State, county, or municipal criminal justice employee or law enforcement officer.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\128.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\129.wpd
CHAPTER 129
(SB 168)
Revisions for the crime of human trafficking.
ENTITLED, An Act to revise provisions related to human trafficking and to provide a penalty
therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-49-1 be amended to read:
22-49-1. No person may recruit, harbor, transport, provide, receive, or obtain, by any means,
another person knowing that force, fraud, or coercion will be used to cause the person to engage in
prostitution, forced labor, or involuntary servitude. Nor may any person benefit financially or by
receiving anything of value from participation in a venture that has engaged in acts set forth in this
section. Any violation of this section constitutes the crime of human trafficking.
Section 2. That § 22-49-2 be amended to read:
22-49-2. If the acts or the venture set forth in § 22-49-1:
(1) Involve committing or attempting to commit kidnaping kidnapping;
(2) Involve a victim under the age of sixteen eighteen years;
(3) Involve prostitution or procurement for prostitution; or
(4) Result in the death of a victim;
any person guilty has committed human trafficking in the first degree, which is a Class 2 felony.
Section 3. That chapter 22-49 be amended by adding a NEW SECTION to read:
It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in
sexual activity, as defined in § 22-23-1.1, if the person knew or should have known the other person
was being forced to engage in the activity through human trafficking.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\129.wpd
LAW ENFORCEMENT
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\130.wpd
CHAPTER 130
(HB 1132)
Sexual assault kits testing required.
ENTITLED, An Act to require the submission of sexual assault kits for testing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Accredited laboratory," a DNA laboratory that has received formal recognition that it
meets or exceeds a list of standards, including the FBI director's quality assurance
standards, to perform specific tests;
(2) "DNA," deoxyribonucleic acid;
(3) "DNA record," the DNA identification information stored in the state DNA database or
CODIS for the purpose of generating investigative leads or supporting statistical
interpretation of DNA test results. The DNA record is the result obtained from the DNA
analysis. The DNA record is comprised of the characteristics of a DNA sample which are
of value in establishing the identity of individuals. The results of all DNA identification
analyses on an individual's DNA sample are also collectively referred to as the DNA
profile of an individual;
(4) "Health care facility," any institution, sanitarium, birth center, ambulatory surgery center,
chemical dependency treatment facility, hospital, nursing facility, assisted living center,
rural primary care hospital, adult foster care home, inpatient hospice, residential hospice,
place, building, or agency in which any accommodation is maintained, furnished, or
offered for the hospitalization, nursing care, or supervised care of the sick or injured; and
(5) "Sexual assault kit," a set of swabs, slides, envelopes, instructions, and forms specifically
designed to collect and preserve physical evidence that can be used in a criminal sexual
assault investigation.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any health care facility administering a sexual assault kit that has obtained written consent to
release the kit evidence shall notify the investigating law enforcement agency, if known, or the law
enforcement agency with local jurisdiction, within twenty-four hours after obtaining the consent.
Section 3. That the code be amended by adding a NEW SECTION to read:
Any health care facility that has not obtained consent to release any sexual assault kit evidence
shall inform the person from which the evidence was collected of its sexual assault kit evidence
storage policy. Any information provided under this section shall include the period of time for
which that evidence shall be stored before it is destroyed, and how the person may have the evidence
released to the investigating law enforcement agency at a later point. Any evidence not released to
a law enforcement agency shall be stored for a minimum of one year before it is destroyed.
Section 4. That the code be amended by adding a NEW SECTION to read:
A law enforcement agency that receives notice that sexual assault kit evidence has been released
shall take possession of the evidence from the health care facility within fourteen days of receiving
the notice. The agency that takes possession of the evidence shall follow standard protocol to submit
the evidence to the Division of Criminal Investigation or another accredited laboratory for analysis
within fourteen days of receiving the evidence.
Section 5. That the code be amended by adding a NEW SECTION to read:
Any sexual assault kit evidence that is submitted to the Division of Criminal Investigation or
another accredited laboratory shall be analyzed within ninety days after all necessary evidence is
received by the division or the laboratory.
Section 6. That the code be amended by adding a NEW SECTION to read:
The DNA records for any sexual assault kit evidence analyzed under this Act shall be uploaded
only into those databases at the state and national levels specified by the Division of Criminal
Investigation.
Section 7. That the code be amended by adding a NEW SECTION to read:
Any failure to comply with the requirements of this Act does not constitute grounds in any
criminal proceeding for challenging the validity of a DNA database match or of any database
information. No evidence of that DNA record may be excluded by a court on those grounds.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\130.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\131.wpd
CHAPTER 131
(HB 1138)
Enhanced concealed carry permit revised.
ENTITLED, An Act to revise provisions related to the enhanced permit to carry a concealed pistol.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-7-8 be amended to read:
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 five 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
five years by the authority issuing the permit.
Section 2. That § 23-7-53 be amended to read:
23-7-53. 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 percent to the sheriff and fifty
dollars percent 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 § 23-7-58 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 3. That § 23-7-56 be amended to read:
23-7-56. 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 § 23-7-53. The renewal fee shall be
distributed fifty percent to the sheriff and fifty percent to the secretary of state to be used by the
secretary of state to administer the concealed carry program.
Signed March 10, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\132.wpd
CHAPTER 132
(HB 1190)
Firearms transactions, public safety,
and the issuance of an additional concealed pistol permit.
ENTITLED, An Act to enhance customer convenience in firearms transactions, improve public
safety, and provide for the issuance of an additional concealed pistol permit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-7-8 be amended to read:
23-7-8. The application for a permit to carry a concealed pistol or an, enhanced permit to carry
a concealed pistol, or a gold card 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, country of citizenship,
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 the applicant is not a United States citizen, the
application shall require any alien or admission number issued by the United States Bureau of
Immigration and Customs Enforcement. 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 five 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 five years by the authority
issuing the permit.
Section 2. That § 23-7-8.1 be amended to read:
23-7-8.1. 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, and the form of the gold card permit
to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address,
and the expiration date, and the issuance date of the permit. The enhanced permit to carry a
concealed pistol must clearly designate that the permit is enhanced and the gold card permit must
clearly designate that it is a gold card permit to carry a concealed pistol. 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 3. That § 23-7-54 be amended to read:
23-7-54. The sheriff shall retain the application and other documents until the sheriff receives
the results of the background checks required pursuant to § 23-7-53. Within seven days following
receipt of a confirmation that the applicant passed each criminal background check required pursuant
to this section and § 23-7-53, the sheriff shall file the application with the secretary of state pursuant
to § 23-7-8.
If the applicant submits an application pursuant to § 23-7-53, meets the requirements of § 23-7-7.1,
is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26, 2005, or
18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or transporting a
firearm, 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 4. That § 23-7-57 be amended to read:
23-7-57. Unless otherwise specified, the references, rights, and responsibilities in this chapter
related to a permit to carry a concealed pistol also apply to an enhanced permit to carry a concealed
pistol and a gold card permit to carry a concealed pistol.
Section 5. That § 25-10-24 be amended to read:
25-10-24. The court may require the defendant to surrender any dangerous weapon or any
concealed pistol permit issued under 23-7 in his the defendant's possession to local law enforcement.
Section 6. That § 23-7-8.9 be amended to read:
23-7-8.9. The provisions of §§ 23-7-8.6 to 23-7-8.9, inclusive, do specifically prohibit any law
enforcement officer from retaining any notes, data, or pieces of information, either collectively or
individually, unless the retention of such notes, data, or pieces of information is pertinent to a
specific ongoing investigation or prosecution. Access by law enforcement to information necessary
to perform a periodic National Instant Criminal Background Check of gold card or enhanced pistol
permit holders under section 15 of this Act is authorized.
Section 7. That chapter 23-7 be amended by adding a NEW SECTION to read:
An applicant may submit an application to the sheriff of the county in which the applicant resides
for a gold card permit to carry a concealed pistol. The application shall include:
(1) The application for the gold card 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; and
(5) A separate application fee of seventy dollars for the gold card permit to carry a concealed
pistol. Thirty dollars of the fee shall be distributed to the sheriff, thirty-four dollars shall
be distributed to the Department of Public Safety, and six dollars to the secretary of state
to be used by the secretary of state to administer the concealed carry program.
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 8. That chapter 23-7 be amended by adding a NEW SECTION to read:
The sheriff shall retain the application and other documents until the sheriff receives the results
of the background checks required pursuant to section 7 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 7 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, is not otherwise prohibited by state law, 18 U.S.C. 922(g) as amended to October 26,
2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing, or
transporting a firearm, passes the required fingerprint background check, and passes a National
Instant Criminal Background Check, the sheriff of the county of the application shall, within thirty
days of application, issue the applicant a temporary gold card permit to carry a concealed pistol. The
temporary permit must clearly designate that the permit is a gold card permit.
Section 9. That chapter 23-7 be amended by adding a NEW SECTION to read:
The holder of the gold card permit to carry a concealed pistol may renew the permit through the
sheriff of the county where the holder resides, no earlier than ninety days prior to the expiration of
the permit. The holder shall pay a seventy dollar renewal fee and pass a National Instant Criminal
Background Check prior to the renewal of the permit. The renewal fee shall be distributed as set
forth in subdivision (5) of section 7 of this Act.
Section 10. That chapter 23-7 be amended by adding a NEW SECTION to read:
The gold card permit to carry a concealed pistol is valid for a period of five years from the date
of issuance.
Section 11. That chapter 23-7 be amended by adding a NEW SECTION to read:
A gold card permit to carry a concealed pistol or an enhanced permit to carry a concealed pistol
is automatically revoked upon failure to maintain the requirements under § 23-7-7.1 or if the gold
card or enhanced permit holder becomes prohibited by state law, 18 U.S.C. 922(g) as amended to
October 26, 2005, or 18 U.S.C. 922(n) as amended to October 26, 2005, from receiving, possessing,
or transporting a firearm.
Upon such occurrence, the permit holder shall immediately return the gold card or enhanced
concealed pistol permit to the county sheriff of the permit holder's county of residence. If the permit
has not been returned, upon learning that a permit holder is ineligible for a gold card or enhanced
permit for any violent crime or for a crime punishable by more than one year of incarceration, the
sheriff of the permit holder's county of residence shall secure the possession and return of the gold
card or enhanced permit forthwith. For any other disqualifying offense set forth above the sheriff of
the permit holder's county of residence shall secure the possession and return of the gold card or
enhanced permit as soon as reasonably possible after being notified of the holders ineligibility. A
gold card or enhanced permit holder whose permit has been secured by law enforcement under this
section may petition the circuit court for the return of the gold card or enhanced permit if the permit
holder believes the gold card or enhanced permit was unlawfully secured. Law enforcement may
communicate with federally licensed firearms dealers relative to revoked gold card or enhanced
permits.
Section 12. That chapter 23-7 be amended by adding a NEW SECTION to read:
It is a Class 1 misdemeanor for anyone that is ineligible to possess a gold card or enhanced
concealed pistol permit to possess or present a revoked gold card or enhanced concealed pistol
permit.
Section 13. That chapter 23-7 be amended by adding a NEW SECTION to read:
If any person is convicted of any offense which results in the automatic revocation of a gold card
or enhanced permit to carry a concealed pistol under this chapter, the court entering the conviction
shall require the surrender to the court of all gold card or enhanced concealed pistol permits held by
the person convicted. The court shall forward all gold card and enhanced concealed pistol permits
to the sheriff of the defendant's county of residence.
Section 14. That chapter 23-7 be amended by adding a NEW SECTION to read:
It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the county sheriff of the
person's county of residence, upon lawful demand, a gold card or enhanced permit to carry a
concealed pistol that has been revoked. If a person fails to return a gold card or enhanced permit to
the sheriff of the person's county of residence after lawful demand, the sheriff shall direct a law
enforcement officer to secure its possession and return in compliance with section 11 of this Act. The
law enforcement officer shall receive ten dollars and fifty cents plus mileage, at a rate established
by the State Board of Finance, to be paid by the violator. Failure to pay the fee and mileage is a Class
2 misdemeanor.
Section 15. That chapter 23-7 be amended by adding a NEW SECTION to read:
Law enforcement may periodically perform a National Instant Criminal Background Check of
gold card or enhanced concealed pistol permit holders for the purposes of determining whether the
permit holder remains eligible for the permit under § 23-7-7.1, 18 U.S.C. 922(g) as amended to
October 26, 2005, and 18 U.S.C. 922(n) as amended to October 26, 2005.
Section 16. The Act is effective January 1, 2017.
Signed March 16, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\133.wpd
CHAPTER 133
(HB 1125)
Concealed carry permit
related to the restoration of civil rights, limited.
ENTITLED, An Act to limit the ability of a person to obtain a concealed pistol permit related to the
restoration of civil rights and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-7-52 be repealed.
Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\133.wpd
CRIMINAL PROCEDURE
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\134.wpd
CHAPTER 134
(SB 97)
Automatic removal of petty offenses, municipal ordinance, and
Class 2 misdemeanor convictions from background check records.
ENTITLED, An Act to provide for the automatic removal of all petty offenses, municipal ordinance
violations, and Class 2 misdemeanor charges or convictions from background check records after
ten years under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23A-3 be amended by adding a NEW SECTION to read:
Any charge or conviction resulting from a case where a petty offense, municipal ordinance
violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed
from a defendant's public record after ten years if all court-ordered conditions on the case have been
satisfied. However, the case record will remain available to court personnel or as authorized by order
of the court.
Signed March 10, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\135.wpd
CHAPTER 135
(SB 79)
Professionals authorized to perform examinations
for a plea of guilty but mentally ill.
ENTITLED, An Act to expand the list of professionals authorized to perform certain examinations
required for a plea of guilty but mentally ill.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-7-16 be amended to read:
23A-7-16. In addition to the requirements of §§ 23A-7-4 and 23A-7-5, if a defendant charged
with a felony pleads guilty but mentally ill, the court may not accept the plea until the defendant has
been examined by a licensed psychiatrist or a court-approved licensed psychologist and the court has
examined the psychiatric reports. The court shall hold a hearing on the defendant's mental condition
and, if there is a factual basis on which the court can conclude that the defendant was mentally ill
at the time of the offense, the plea shall be accepted.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\135.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\136.wpd
CHAPTER 136
(HB 1167)
Use of a suspended imposition of sentence
for a misdemeanor and a felony limited.
ENTITLED, An Act to revise certain provisions regarding the use of a suspended imposition of
sentence for a misdemeanor and a felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-27-13 be amended to read:
23A-27-13. Upon receiving a verdict or plea of guilty for a misdemeanor or felony not
punishable by death or life imprisonment by a person never before convicted of a crime which at the
time of conviction thereof would constitute a felony in this state, a court having jurisdiction of the
defendant, if satisfied that the ends of justice and the best interest of the public as well as the
defendant will be served thereby, may, without entering a judgment of guilt, and with the consent
of the defendant, suspend the imposition of sentence and place the defendant on probation for such
period and upon such terms and conditions as the court may deem best. No person who has
previously been granted, whether in this state or any other, a suspended imposition of sentence for
a felony, is eligible to be granted a second suspended imposition of sentence for a felony. A court
may revoke such suspension at any time during the probationary period and impose and execute
sentence without diminishment or credit for any of the probationary period.
Section 2. That the code be amended by adding a NEW SECTION to read:
Upon receiving a verdict or plea of guilty for a misdemeanor, a court having jurisdiction of the
defendant, if satisfied that the ends of justice and the best interest of the public as well as the
defendant will be served thereby, may, without entering a judgment of guilt, and with the consent
of the defendant, suspend the imposition of sentence and place the defendant on probation for such
period and upon such terms and conditions as the court may deem best. No person who has
previously been granted, whether in this state or any other, a suspended imposition of sentence for
a misdemeanor, is eligible to be granted a second suspended imposition of sentence for a
misdemeanor. A court may revoke such suspension at any time during the probationary period and
impose and execute sentence without diminishment or credit for any of the probationary period.
Signed March 14, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\137.wpd
CHAPTER 137
(SB 31)
Sentencing and supervision of prison inmates and parolees,
authority clarified.
ENTITLED, An Act to revise certain provisions regarding the sentencing and supervision of prison
inmates and parolees with suspended sentences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-27-19 be amended to read:
23A-27-19. The sentencing court retains jurisdiction for the purpose of suspending any such
sentence for a period of two years from the effective date of the judgment of conviction,
notwithstanding the fact that the time for an appeal from such judgment is limited to a shorter period
of time. The court shall notify the attorney who prosecuted such the person or shall notify the
successor in office of such the prosecuting attorney at least fourteen days in advance of such the
suspension. Such notice Notice shall be provided to any victim by such the prosecuting attorney or
the successor in office pursuant to the provisions of § 23A-27-1.2. Any person whose sentence is
suspended pursuant to this section is under the supervision of the Board of Pardons and Paroles,
except as provided in § 23A-27-18.2. The board is charged with the responsibility for enforcing the
conditions imposed by the sentencing judge, and the board retains jurisdiction to revoke the
suspended portion of the sentence for violation of the terms of parole or the terms of the suspension.
Section 2. That chapter 23A-27 be amended by adding a NEW SECTION to read:
In addition to any conditions imposed by the sentencing judge, an inmate under the supervision
of the Department of Corrections and the Board of Pardons and Paroles pursuant to § 23A-27-18.4
or 23A-27-19 shall maintain a good disciplinary record and comply with all programming required
by the Department of Corrections and the Board of Pardons and Paroles. A suspended sentence may
be revoked by the Board of Pardons and Paroles for failure to comply with these requirements.
Section 3. That chapter 23A-27 be amended by adding a NEW SECTION to read:
If an inmate is under the supervision of the Department of Corrections and the Board of Pardons
and Paroles as directed in §§ 23A-27-18.4 and 23A-27-19, the inmate is considered a parolee and
is governed by the supervision and revocation provisions of chapters 24-15 and 24-15A.
Section 4. That § 22-6-11 be amended to read:
22-6-11. The sentencing court shall sentence an offender convicted of a Class 5 or Class 6 felony,
except those convicted under §§ 22-11A-2.1, 22-18-1, 22-18-1.05, 22-18-26, 22-19A-1, 22-19A-2,
22-19A-3, 22-19A-7, 22-19A-16, 22-22A-2, 22-22A-4, 22-24A-3, 22-22-24.3, 22-24-1.2, 22-24B-2,
22-24B-12, 22-24B-12.1, 22-24B-23, 22-42-7, subdivision 24-2-14(1), 32-34-5, and any person
ineligible for probation under § 23A-27-12, to a term of probation. If the offender is under the
supervision of the Department of Corrections, the court shall order a fully suspended penitentiary
sentence pursuant to § 23A-27-18.4. The sentencing court may impose a sentence other than
probation or a fully suspended penitentiary sentence if the court finds aggravating circumstances
exist that pose a significant risk to the public and require a departure from presumptive probation
under this section. If a departure is made, the judge shall state on the record at the time of sentencing
the aggravating circumstances and the same shall be stated in the dispositional order. Neither this
section nor its application may be the basis for establishing a constitutionally protected liberty,
property, or due process interest.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\137.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\138.wpd
CHAPTER 138
(HB 1088)
Civil forfeiture provisions consolidated.
ENTITLED, An Act to revise and consolidate certain civil forfeiture provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
All real property, including any right, title, and interest in the whole of any platted lot or tract of
land which is measured in three hundred twenty acre increments, or all of any smaller amount and
any appurtenances or improvements, which is used, or intended to be used, in any manner or part,
to commit or to facilitate the commission of a violation of any crime listed in chapters 34-20B or 22-24A, is subject to forfeiture under this section. Forfeiture under this Act of real property encumbered
by a bona fide security interest is subject to the interest of the secured party unless the secured party
had actual knowledge of the act upon which the forfeiture is based. Notice of forfeiture proceedings
shall be given each owner or secured party whose right, title, or interest is of record, at the time of
the seizure, with the secretary of state or the register of deeds in the county where the real property
is located. A person claiming a security interest bears the burden of establishing that interest by a
preponderance of the evidence. No real property may be forfeited under the provisions of this Act
by reason of any act committed by a person other than an owner of the property unless that owner
had actual knowledge that the real property was used or intended for use in any of the manners set
forth in the chapters listed in section 20 of this Act.
Section 2. That the code be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance
used by any person as a common carrier in the transaction of business as a common carrier may be
forfeited under the provisions of this Act, unless it appears that the owner or other person in charge
of the conveyance was a consenting party or privy to a violation of any crime in the chapters listed
in section 20 of this Act.
Section 3. That the code be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance
may be forfeited under the provisions of this Act, by reason of any act or omission established by
the owner of the conveyance to have been committed or omitted by any person other than the owner
while the conveyance was unlawfully in the possession of a person other than the owner in violation
of the criminal laws of the United States, or of any state, or while the conveyance was rented or
leased from a motor vehicle dealer or a leasing or rental agency and the dealer or agency had no
knowledge that the conveyance was being used or intended for use, to transport or in any manner
facilitate the commission of any crime in the chapters listed in section 20 of this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance
may be forfeited under the provisions of this Act, by reason of any act committed or omitted by a
person other than an owner of the conveyance unless the owner knew or in the exercise of ordinary
care should have known that the conveyance was being used or was intended for use to facilitate the
commission of any crime in the chapters listed in section 20 of this Act.
Section 5. That the code be amended by adding a NEW SECTION to read:
To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this
Act by reason of any act or omission that is established by the owner of the item to have been
committed or omitted without the owner's knowledge or consent.
Section 6. That the code be amended by adding a NEW SECTION to read:
Any victim of a crime as described in the provisions of §§ 22-19A-1, 22-24A-1 to 22-24A-20,
inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive, is protected
against loss of property through forfeiture by victim immunity as described in § 22-48-2.
Section 7. That the code be amended by adding a NEW SECTION to read:
Any property subject to forfeiture under this Act may be seized by any law enforcement officer
or designated agent of the Division of Criminal Investigation upon process issued by any court
having jurisdiction over the property.
Section 8. That the code be amended by adding a NEW SECTION to read:
The seizure of any property subject to forfeiture under this Act may be made without process
issued under section 7 of this Act if:
(1) The seizure is incident to an arrest or a search under a search warrant or to an inspection
under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the
state in a criminal injunction or forfeiture proceeding under this Act;
(3) The law enforcement officer or agent has probable cause to believe that the property is
directly or indirectly dangerous to health or safety; or
(4) The law enforcement officer or agent has probable cause to believe that the property has
been used or intended to be used in violation of crimes in the chapters listed in section 20
of this Act.
Section 9. That the code be amended by adding a NEW SECTION to read:
If a seizure pursuant to section 7 or subdivisions (1), (3), or (4) of section 8 of this Act occurs,
the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to
sections 14 or 15 of this Act.
Section 10. That the code be amended by adding a NEW SECTION to read:
No property taken or detained pursuant to this Act is replevinable or subject to an action in claim
and delivery. However, the property is deemed to be in the custody of the attorney general, subject
only to the orders and decrees of the court or the official having jurisdiction over the property.
Section 11. That the code be amended by adding a NEW SECTION to read:
If property is seized under the provisions of this Act, the attorney general may:
(1) Place the property under seal;
(2) Remove the property to a place designated by the attorney general; or
(3) Take custody of the property and remove it to an appropriate location for disposition in
accordance with law.
Section 12. That the code be amended by adding a NEW SECTION to read:
Any property, as described in subdivisions 34-20B-70(4), (6), and (7) or 22-24A-15(4), (6), and
(7), or section 1 of this Act, that is subject to a bona fide perfected security interest at the time of
seizure of the personal property, at the time the offense was committed, and is forfeited under the
provisions of section 7 to section 19 of this Act, inclusive, shall be taken by the attorney general
subject to the security interest. The attorney general shall, within sixty days of the forfeiture of the
property:
(1) Return the property to the possession of the secured party;
(2) Satisfy fully all indebtedness to the secured party secured by the property; or
(3) Return the property to the possession of the secured party and require the secured party
to sell the property within sixty days of receipt of the property from the attorney general
at public or private sale and retain all proceeds necessary to satisfy fully all indebtedness
of the secured party secured by the property together with all reasonable costs of the sale
and remit to the attorney general all excess proceeds within thirty days of the sale.
If the secured party knew or should have known, that the property was being used or intended
for use to facilitate in the commission of a crime, the provisions of this section do not apply to the
property.
Section 13. That the code be amended by adding a NEW SECTION to read:
Any forfeiture proceeding is a civil action against the property seized and the standard of proof
shall be preponderance of the evidence.
Section 14. That the code be amended by adding a NEW SECTION to read:
If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3),
(5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of
the property in circuit court for the county in which the property was seized or is being held. The
proceedings shall be brought in the name of the state. The complaint shall describe the property, and
state the property's location, the property's present custodian, the name of each owner if known, the
name of each party in interest if known or of legal record, and allege the essential elements of the
violation that is claimed to exist. The complaint shall conclude with a prayer to enforce the
forfeiture. Notice of a forfeiture proceeding shall be given to each known owner and known party
in interest by serving a copy of the summons and complaint in accordance with section 15 of this
Act. The procedure governing the proceedings, except as provided in this section, shall be the same
as that prescribed for civil proceedings by chapter 15-6.
Section 15. That the code be amended by adding a NEW SECTION to read:
If property described in section 1 of this Act or subdivision 34-20B-70(4) or 22-24A-15(4) is
seized, the attorney general shall file a summons and complaint for forfeiture of the property in
circuit court of the county in which the property was seized or is being held. The proceedings shall
be brought in the name of the state. The complaint shall describe the property, and state the
property's location, the property's present custodian, the name of each owner if known, the name of
each party in interest if known or of legal record, and allege the essential elements of the violation
that is claimed to exist. The complaint shall conclude with a prayer to enforce the forfeiture. The
procedure governing the proceedings, except as provided by this section, shall be the same as that
prescribed for civil proceedings by chapter 15-6. Notice of forfeiture proceedings shall be given to
each owner and party in interest whose right, title, or interest is of record as provided in section 1
of this Act or to the Department of Revenue or the Division of Aeronautics or a similar department
of another state if the records are maintained in that state by serving a copy of the summons and
complaint upon each known owner and known party in interest in accordance with title 15.
Section 16. That the code be amended by adding a NEW SECTION to read:
If a person as described in sections 14 and 15 of this Act is released on bail as provided by
chapter 23A-43, a summons and complaint for forfeiture of the property may be served by mailing
the summons and complaint by certified mail, no return receipt required, to the address left by the
person upon release from confinement.
Section 17. That the code be amended by adding a NEW SECTION to read:
Within thirty days after the service of the notice pursuant to section 14 or section 15 of this Act,
the owner of the seized property and any other party in interest or claimant may file a verified answer
to the claims described in the complaint instituting the forfeiture proceedings.
Section 18. That the code be amended by adding a NEW SECTION to read:
If at the end of thirty days after the notice has been served there is no verified answer on file and
no claimant has appeared to defend the complaint, the court shall order the disposition of the seized
property as requested in the complaint.
Section 19. That the code be amended by adding a NEW SECTION to read:
If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more
than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for
the forfeiture proceedings pursuant to subsection 15-6-38(b). At the trial, the state shall establish
probable cause for instituting the forfeiture action following which any owner, party in interest, or
claimant who has filed a verified answer has the burden of proving that the property seized is not
subject to forfeiture under this Act. If the court or a jury finds that the property is not subject to
forfeiture under this Act, the court shall order the property released to the owner, party in interest,
or claimant according to the person's right, title, or interest. The court shall order the property
forfeited if the court or a jury determines that the property was subject to forfeiture.
Section 20. That the code be amended by adding a NEW SECTION to read:
If property is forfeited under this Act, the attorney general may:
(1) Retain the property for official use;
(2) Sell any forfeited property which is not required to be destroyed by law and which is not
harmful to the public, provided that the proceeds be disposed of for payment of all proper
expenses of the proceedings for forfeiture and sale including expenses of seizure,
maintenance of custody, advertising, and court costs. All money seized or remaining
proceeds from the sale of any forfeited property shall be paid into the following funds:
(a) If seized pursuant to a violation of chapters 34-20B or 22-42, proceeds shall go to
the drug control fund;
(b) If seized pursuant to a violation of chapters 22-24A, 22-23, 22-19A, 22-24B, 43-
43B, or 23A-27, proceeds shall be used to reimburse the actual costs of the
criminal investigation and prosecution, and any amount over those costs shall be
used to satisfy any civil judgments received by the victims. All remaining proceeds
shall be paid to the South Dakota internet crimes against children fund; and
(c) If not otherwise specified by this Act, proceeds shall go to the general fund; or
(3) If property is seized pursuant to a violation of chapters 34-20B or 22-42, the attorney
general may forward it to the Division of Criminal Investigation for disposition. Such
disposition may include delivery for medical or scientific use to any federal or state
agency under regulations of the United States attorney general.
Section 21. That § 34-20B-70 be amended to read:
34-20B-70. The following are subject to forfeiture pursuant to this Act and no property right
exists in them:
(1) All controlled drugs and substances and marijuana which have been manufactured,
distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter
22-42;
(2) All raw materials, products, and equipment of any kind which are used or intended for
use, in manufacturing, compounding, processing, importing, or exporting any controlled
drug or substance or marijuana in violation of the provisions of this chapter or chapter 22-42;
(3) All property which is used, or intended for use, as a container for property described in
subdivisions (1) and (2);
(4) All conveyances including aircraft, vehicles, or vessels, which transport, possess, or
conceal, or which are used, or intended for use, to transport, or in any manner facilitate
the transportation, sale, receipt, possession, or concealment of marijuana in excess of
one-half pound or any quantity of any other property described in subdivision (1) or (2),
except as provided in §§ 34-20B-71 to 34-20B-73, inclusive. This subdivision includes
those instances in which a conveyance transports, possesses or conceals marijuana or a
controlled substance as described herein without the necessity of showing that the
conveyance is specifically being used to transport, possess, or conceal or facilitate the
transportation, possession, or concealment of marijuana or a controlled substance in aid
of any other offense;
(5) All books, records, and research, including formulas, microfilm, tapes, and data which are
used, or intended for use, in violation of this chapter;
(6) Any funds or other things of value used for the purposes of unlawfully purchasing,
attempting to purchase, distributing, or attempting to distribute any controlled drug or
substance or marijuana;
(7) Any assets, interest, profits, income, and proceeds acquired or derived from the unlawful
purchase, attempted purchase, distribution, or attempted distribution of any controlled
drug or substance or marijuana.
Property described in subdivision (1) shall be deemed contraband and shall be summarily
forfeited to the state, property described in subdivisions (2), (3), (5), (6), and (7) is subject to
forfeiture under the terms of section 14 of this Act, and property described in subdivision (4) is
subject to forfeiture under the terms of section 15 of this Act.
Section 22. That § 22-24A-15 be amended to read:
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, 43-43B-1 to 43-43B-3,
inclusive, and 22-23-2, 22-23-8, and 22-23-9 shall forfeit to the state, pursuant to this Act, 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, 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, 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. Property described in
subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of section 14 of this Act,
and property described in subdivision (4) is subject to forfeiture under the terms of section15 of this
Act.
Section 23. That § 34-20B-70.1 be repealed.
Section 24. That § 34-20B-71 be repealed.
Section 25. That § 34-20B-72 be repealed.
Section 26. That § 34-20B-73 be repealed.
Section 27. That § 34-20B-74 be repealed.
Section 28. That § 34-20B-75 be repealed.
Section 29. That § 34-20B-76 be repealed.
Section 30. That § 34-20B-77 be repealed.
Section 31. That § 34-20B-78 be repealed.
Section 32. That § 34-20B-79 be repealed.
Section 33. That § 34-20B-80 be repealed.
Section 34. That § 34-20B-84 be repealed.
Section 35. That § 34-20B-85 be repealed.
Section 36. That § 34-20B-86 be repealed.
Section 37. That § 34-20B-87 be repealed.
Section 38. That § 34-20B-88 be repealed.
Section 39. That § 34-20B-89 be repealed.
Section 40. That § 22-24A-15.1 be repealed.
Section 41. That § 22-24A-15.2 be repealed.
Section 42. That § 22-24A-15.3 be repealed.
Section 43. That § 22-24A-15.4 be repealed.
Section 44. That § 22-24A-15.5 be repealed.
Section 45. That § 22-24A-21 be repealed.
Section 46. That § 22-24A-22 be repealed.
Section 47. That § 22-24A-23 be repealed.
Section 48. That § 22-24A-24 be repealed.
Section 49. That § 22-24A-25 be repealed.
Section 50. That § 22-24A-26 be repealed.
Section 51. That § 22-24A-27 be repealed.
Section 52. That § 22-24A-28 be repealed.
Section 53. That § 22-24A-29 be repealed.
Section 54. That § 22-24A-30 be repealed.
Section 55. That § 22-24A-31 be repealed.
Section 56. That § 22-24A-32 be repealed.
Section 57. That § 22-24A-33 be repealed.
Section 58. That § 22-24A-34 be repealed.
Signed March 25, 2016
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PENAL INSTITUTIONS, PROBATION AND PAROLE
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\139.wpd
CHAPTER 139
(HB 1236)
A halfway house defined.
ENTITLED, An Act to define a halfway house.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
The term, halfway house, means a residential facility that provides services and supervision of
inmates for the purpose of reintegrating inmates into the community. Each halfway house shall be
operated by a unit of local government, the Department of Corrections, or any private individual,
partnership, corporation, or association. A halfway house may provide:
(1) Monitoring of the activities of inmates;
(2) Oversight of victim restitution and community service by inmates;
(3) Day reporting programs; and
(4) Programs and services to aid inmates in obtaining and holding regular employment,
enrolling in and maintaining academic courses, participating in vocational training
programs, utilizing the resources of the community, meeting the personal and family
needs of inmates, obtaining appropriate treatment for inmates, and participating in
whatever specialized programs exist within the community and other services and
programs as may be appropriate to aid in inmate rehabilitation and public safety.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\139.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\140.wpd
CHAPTER 140
(SB 50)
Fees collected by the Department of Corrections reallocated.
ENTITLED, An Act to revise the allocation of certain fees collected by the Department of
Corrections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-8-11 be amended to read:
24-8-11. The secretary of corrections shall determine the amount to be paid for board and room
by each work release inmate. If special circumstances warrant or for a just and reasonable cause, the
secretary of corrections may waive the payment of board and room charges.
All the board and room charges paid to the Department of Corrections for confinement shall be
placed deposited in
a fund within the Department of Corrections the general fund.
Section 2. That § 24-7-9 be amended to read:
24-7-9. If the secretary of corrections and the Governor determine that the balance in the prison
industries revolving fund is greater than the needs of the prison industries, they may jointly authorize
transfer of the unneeded balance to the general fund of the state. At the end of the fiscal year the state
treasurer shall transfer any cash balance in excess of five hundred thousand dollars from the prison
industries revolving fund to the general fund.
Section 3. That § 1-15-13 be amended to read:
1-15-13. The Department of Corrections may, subject to chapter 4-8B, accept and control on
behalf of the institutions of this state under its the department's supervision:
(1) Any federal funds, grants-in-aid, subventions, or other financial aids that may be made
available to such institutions for grants, program expansion, establishing institutes or
instructional centers, or any other program made available to them the institutions;
(2) Any federal funds which may become available for equipment, personnel or
administrative salaries, educational services, buildings, building repairs and additions, or
any other institutional program, improvement, or expansion.
The state treasurer shall receive such sums as may be allotted to the
Department of Corrections
department for institutions under
its the department's jurisdiction, for any purpose, from the United
States government. Such donations and allotments shall be placed in a special fund available to the
institution designated.
The state auditor shall draw warrants
upon the from the special fund
herein provided for upon
presentation of vouchers
duly approved by the secretary of corrections.
Notwithstanding any other
provision of this section, any federal funds received for the reimbursement of services provided by
the department shall be deposited in the general fund.
Section 4. That § 1-15-10.2 be amended to read:
1-15-10.2. The expenses for such support, maintenance, care, and treatment as agreed upon may
not be less than an amount required to compensate the State of South Dakota for the total cost
thereof to the state. Such The compensation when received pursuant to this section shall be deposited
with the state treasurer and credited to in the funds of the institution affected, as directed by the
secretary of corrections and shall be expended for the same purposes and in the same manner as other
funds credited to such institution are expended general fund.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\140.wpd
DOMESTIC RELATIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\141.wpd
CHAPTER 141
(HB 1063)
Notice of relocation of a minor child
when a protection order is in place.
ENTITLED, An Act to revise provisions regarding required notice of relocation of a minor child
when a protection order is in place.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4A-17 be amended to read:
25-4A-17. If an existing custody order or other enforceable agreement does not expressly govern
the relocation of the principal residence of a child, a parent who intends to change his or her
principal residence shall, provide reasonable written notice by certified mail or admission of service
to the other legal parent of the child. Reasonable notice is notice that is given at least forty-five days
before relocation or a shorter period if reasonable under the specific facts giving rise to the
relocation. Proof of the notice shall be filed with the court of record unless notice is waived by the
court.
No notice need be provided pursuant to this section if:
(1) The relocation results in the child moving closer to the noncustodial parent; or
(2) The relocation is within the boundaries of the child's current school district; or
(3) There is an existing valid protection order in favor of the child or the custodial parent
against the noncustodial parent unless the noncustodial parent has a valid order for
parenting time established either in the protection order file or another custody proceeding
subsequent to the entry of the protection order; or
(4) Within the preceding twelve months, the nonrelocating parent has been convicted of
violation of a protection order, criminal assault, child abuse, or other domestic violence
and either the child or the custodial parent was the victim of the crime or violation
unless
the noncustodial parent has a valid order for parenting time established subsequent to the
conviction.
Section 2. That § 25-4A-18 be amended to read:
25-4A-18. The notice required in § 25-4A-17 shall contain the following:
(1) The address and telephone number, if known, of the new residence;
(2) The purpose for relocating;
(3) Why the relocation is in the best interest of the child; and
(4) The relocating party's proposed visitation plan for the nonrelocating parent upon
relocation.
If a relocating parent is giving notice of relocation in compliance with subdivisions 25-4A-17(3)
or (4), the address requirement in subdivision (1) of this section is fulfilled if the notice contains the
city and state of the new residence.
Signed February 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\141.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\142.wpd
CHAPTER 142
(HB 1105)
Protection orders, court may grant continuance.
ENTITLED, An Act to give the court discretion to grant a continuance of a protection order in
certain situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-10-7 be amended to read as follows:
25-10-7. An ex parte temporary protection order is effective for a period of thirty days except as
provided in § 25-10-7.1 unless for good cause the court grants a continuance. No continuance may
exceed thirty days unless the court finds good cause for the additional continuance and:
(1) The parties stipulate to an additional continuance; or
(2) The court finds that law enforcement is unable to locate the respondent for purposes of
service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection
order until the rescheduled hearing date. The respondent shall be personally served
forthwith without
delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the
date set for the hearing. The ex parte order shall be served without delay under the circumstances of
the case including service of the ex parte order on a Sunday or holiday. The law enforcement agency
serving the order shall notify the petitioner by telephone or written correspondence when the order
is served if the petitioner has provided to the law enforcement agency either a telephone number or
address, or both, where the petitioner may be contacted. The law enforcement agency and any officer
of the law enforcement agency is immune from civil and criminal liability if the agency or
any such
the officer makes a good faith attempt to notify the petitioner in a manner consistent with the
provisions of this section.
Section 2. That § 22-19A-12 be amended to read:
22-19A-12. If an affidavit filed with an application under § 22-19A-8 alleges that immediate and
irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney
can be heard in opposition, the court may grant an ex parte temporary protection order pending a full
hearing and granting relief as the court deems proper, including an order restraining any person from
committing acts of stalking or physical injury as a result of an assault or a crime of violence as
defined in subdivision 22-1-2(9). An ex parte temporary protection order is effective for a period of
thirty days unless for good cause the court grants a continuance
. No continuance may exceed thirty
days
unless the court finds good cause for the additional continuance and:
(1) The parties stipulate to an additional continuance; or
(2) The court finds that law enforcement is unable to locate the respondent for purposes of
service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection
order until the rescheduled hearing date. The respondent shall be personally served
forthwith without
delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the
date set for the hearing.
Signed February 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\142.wpd
MINORS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\143.wpd
CHAPTER 143
(SB 22)
Emergency medical responders added to mandatory reporters list.
ENTITLED, An Act to add emergency medical technicians and paramedics to the list of mandatory
reporters, and to update cross references in the section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-3 be amended to read:
26-8A-3. Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, emergency
medical technician, paramedic, mental health professional or counselor, podiatrist, psychologist,
religious healing practitioner, social worker, hospital intern or resident, parole or court services
officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or
registered child welfare provider, employee or volunteer of a domestic abuse shelter, employee or
volunteer of a child advocacy organization or child welfare service provider, chemical dependency
counselor, coroner, or any safety-sensitive position as defined in subdivision 23-3-64(2) § 3-6C-1,
who has reasonable cause to suspect that a child under the age of eighteen has been abused or
neglected as defined in § 26-8A-2 shall report that information in accordance with §§ 26-8A-6, 26-8A-7, and 26-8A-8. Any person who intentionally fails to make the required report is guilty of a
Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused
or neglected as defined in § 26-8A-2 may report that information as provided in § 26-8A-8.
Signed March 11, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\143.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\144.wpd
CHAPTER 144
(HB 1021)
Central registry for abuse and neglect,
who may obtain request to check the registry.
ENTITLED, An Act to allow child advocacy centers and tribal agencies that provide child placement
services to obtain results from a check of the central registry for abuse and neglect.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-12.2 be amended to read:
26-8A-12.2. Upon receipt of names of current or potential employees or volunteers from the
Juvenile Division of the Department of Corrections, any adolescent treatment program operated by
the Department of Human Services or the Department of Social Services, any entity recognized as
administering a CASA program as provided in § 16-2-51, any nationally accredited child advocacy
center recognized by the Department of Social Services, or a court considering appointment of a
guardian ad litem for a child in a proceeding pursuant to chapter 26-8A, the Department of Social
Services shall compare the names to the central registry for abuse and neglect and report any findings
to the requesting program director, to the Bureau of Human Resources human resource manager,
child advocacy center, or to the court. Any potential employee or volunteer under this section shall
give written consent prior to before completion of the abuse and neglect screening. Failure to submit
to abuse and neglect screening disqualifies an applicant from employment or appointment.
Section 2. That § 26-8A-12.3 be amended to read:
26-8A-12.3. Upon the receipt of a written request from a licensed child welfare agency or a
private child welfare agency whose licensure has been waived pursuant to § 26-6-9, the Department
of Social Services shall conduct a check of the central registry for child abuse and neglect for
kinship, foster care, adoption, or employment applicants and shall provide the results to the
requesting agency. Further, upon written request from an agency that provides child welfare services
or child placement services for a federally recognized tribe, the department shall conduct a check of
the central registry for child abuse and neglect for kinship, foster care, or adoption applicants and
shall provide the results to the requesting tribal agency. Prior to Before the department conducting
conducts any check of the central registry for child abuse and neglect pursuant to this section, the
requesting agency shall provide to the department a consent signed by the applicant for kinship,
foster care, adoption, or employment.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\144.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\145.wpd
CHAPTER 145
(HB 1022)
Abused or neglected children,
planned permanent living arrangement.
ENTITLED, An Act to revise certain provisions related to the use of another planned permanent
living arrangement as a permanency plan for certain children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8A-21.2 be amended to read:
26-8A-21.2. If the court has determined that reasonable efforts to return an adjudicated abused
or neglected child to the home of the parent, guardian, or custodian are not appropriate, a
permanency hearing shall be held within thirty days after the determination. At the permanency
hearing, the court shall determine whether and when if:
(1) The child should be placed for adoption. If the court determines that the child should be
placed for adoption, the state shall notify the parties of its intent to seek the termination
of parental rights if such notice has not already been provided;
(2) The child should be referred for legal guardianship;
(3) The child should be placed permanently with a fit and willing relative; or
(4) A Only in the case of a child who is sixteen years of age or older, a compelling reason is
documented with the court that none of the permanent plans listed in this section would
be in the best interest of the child, and the child should be placed in another planned
permanent living arrangement. At each permanency hearing for a child placed in another
planned permanent living arrangement, the court shall ask the child about the desired
permanency outcome for the child and make a judicial determination stating the reasons
that another planned permanent living arrangement is the best permanency plan for the
child.
The court may immediately proceed with a final dispositional hearing if proper notice of the
hearing has been given.
Section 2. That § 26-8A-22 be amended to read:
26-8A-22. On completion of the dispositional phase of the proceeding, the court shall enter a
final decree of disposition. If the final decree of disposition does not terminate parental rights, the
decree shall include one or more of the following provisions which the court finds appropriate as the
least restrictive alternative available:
(1) The court may place the child in the custody of one or both of the child's parents, a
guardian, a relative of the child or another suitable person, or a party or agency, with or
without protective supervision, or the Department of Social Services, subject to the
conditions and the length of time that the court deems necessary or appropriate. If the
court returns custody to the child's parent, guardian, or custodian, such return of custody
may be with supervision during which the court may require the parent, guardian,
custodian, and any other adult residing in the home, to cooperate with home visits by the
department and may require the parent, guardian, custodian, and any other adult residing
in the home, to submit, at the request of the department, to tests for alcohol, marijuana,
or any controlled drug or substance. If the adjudication of abuse or neglect was related to
the use of alcohol, marijuana, or any controlled drug or substance, the parent, guardian,
or custodian, and any other adult residing in the home, may be required, in those areas
where such testing is available, to submit to regular tests for alcohol, marijuana, or any
controlled drug or substance. If a positive test for alcohol, marijuana, or any controlled
drug or substance is obtained, or the person fails to submit to the test as required, the
department may immediately remove the child from the physical custody of the parent,
guardian, custodian, or any other adult residing in the home whose test was positive or
who failed to submit to the test, without prior court order subject to a review hearing,
which may be telephonic, within forty-eight hours excluding Saturdays, Sundays, and
court holidays. As used
herein in this section, any controlled drug or substance means a
controlled drug or substance which was not lawfully prescribed by a practitioner as
authorized by chapters 22-42 and 34-20B;
(2) The court after determining that a compelling reason exists to place the child who is
sixteen years of age or older in another planned permanent living arrangement rather than
with a relative or with a legal guardian other than the department may place the child in
the custody of the department or a child placement agency, with or without guardianship
of the child, until the child attains the age of majority or until an earlier date or event as
determined by the court;
(3) The court may order that the child be examined or treated by a physician or by a qualified
mental health professional or that the child receive other special care and may place the
child in a suitable facility for such purposes under conditions that the court deems
necessary or appropriate. On completion of the examination, treatment, or hospitalization
and on a full report to the court, the court shall conduct a supplemental dispositional
hearing or hearings and shall make disposition of the child as otherwise provided in this
section or, if the evidence shows need, the court may consider termination of parental
rights as an appropriate possible alternative in keeping with the best interests and welfare
of the child.
If disposition of the child under this section involves the removal from or nonreturn of the child
to the home of the child's parents, guardian, or custodian and placement of the child in the custody
of the department for placement in foster care, the court shall include in the decree a written judicial
determination that continuation of the child's placement in the home of the child's parents, guardian,
or custodian would be contrary to the welfare of the child and that reasonable efforts were made by
the department to prevent or eliminate the need for removal of the child from the home. In no case
may a child remain in foster care for a period in excess of twelve months from the time the child
entered foster care without the court holding a permanency hearing and making a dispositional
decree. The court shall review the child's permanency status and make a dispositional decree every
twelve months thereafter as long as the child continues in the custody of the department. The court
shall determine whether the state has made reasonable efforts to finalize the permanency plan that
is in effect. That determination shall be included in the dispositional decree.
Section 3. That § 26-8A-26 be amended to read:
26-8A-26. If an adjudicated, abused, or neglected child whose parental rights have not been
terminated has been in the custody of the Department of Social Services and it appears at a
dispositional or review hearing that all reasonable efforts have been made to rehabilitate the family,
that the conditions which led to the removal of the child still exist, and there is little likelihood that
those conditions will be remedied so the child can be returned to the custody of the child's parents,
the court shall affirmatively find that good cause exists for termination of the parental rights of the
child's parents and the court shall enter an order terminating parental rights. If the court does not find
at the hearing, which shall be conducted in the same manner as a dispositional hearing, that good
cause exists for termination of parental rights, the court may make further disposition of the child
as follows:
(1) Return custody of the child to the child's parents, guardian, or custodian, with or without
supervision during which the court may require the parent, guardian, custodian, and any
other adult residing in the home, to cooperate with home visits by the department and may
require the parent, guardian, custodian, and any other adult residing in the home, to
submit, at the request of the department, to tests for alcohol, marijuana, or any controlled
drug or substance. If the adjudication of abuse or neglect was related to the use of alcohol,
marijuana, or any controlled drug or substance, the parent, guardian, or custodian, and any
other adult residing in the home, may be required, in those areas where such testing is
available, to submit to regular tests for alcohol, marijuana, or any controlled drug or
substance. If a positive test for alcohol, marijuana, or any controlled drug or substance is
obtained, or if the person fails to submit to the test as required, the department may
immediately remove the child from the physical custody of the parent, guardian,
custodian, or any other adult residing in the home whose test was positive or who failed
to submit to the test, without prior court order subject to a review hearing, which may be
telephonic, within forty-eight hours excluding Saturdays, Sundays, and court holidays. As
used herein, any controlled drug or substance means a controlled drug or substance which
was not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B;
(2) Continue foster care placement of the child for a specified period of time, and, if the child
is sixteen years of age or older, direct the department to determine the services needed to
assist the child to make the transition from foster care to independent living and, if
appropriate, provide a plan for independent living for the child;
(3) Place the child who is sixteen years of age or older in the custody of the department or a
child placement agency, with or without guardianship of the child, in another planned
permanent living arrangement following a determination that a compelling reason exists
that the placement is more appropriate than adoption or with a relative or with a legal
guardian other than the department and under a court-approved plan that determines
visitation rights of the child's parents, guardian, or custodian. Under this subdivision, the
court may retain jurisdiction of the action and proceedings for future consideration of
termination of parental rights if termination of parental rights is the least restrictive
alternative available in keeping with the best interests of the child.
In no case may a child remain in foster care for a period in excess of twelve months from the
time the child entered foster care without the court holding a permanency hearing and making a
dispositional decree setting forth one of the above options. The court shall review the child's
permanency status and make a dispositional decree every twelve months thereafter as long as the
child continues in the custody of the department. The court shall determine whether the state has
made reasonable efforts to finalize the permanency plan that is in effect. That determination shall
be included in the dispositional decree.
Signed February 12, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\145.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\146.wpd
CHAPTER 146
(SB 158)
Restitution in cases involving juveniles.
ENTITLED, An Act to revise provisions related to restitution in cases involving juveniles and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-8C-7 be amended to read:
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:
(1) The court may require the child to pay restitution, as defined in subdivision 23A-28-2(4)
and under conditions set by the court, if payment can be enforced without serious hardship
or injustice to the child;
(2) The court may impose a fine not to exceed one thousand dollars;
(2)(3) The court may place the child on probation under the supervision of a court services
officer or another designated individual pursuant to § 26-8C-14;
(3)(4) The court may require a child as a condition of probation to participate in a supervised
community service program, if the child is not deprived of the schooling that is
appropriate for the child's age, needs, and specific rehabilitative goals. The supervised
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 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)(5) The court may place the child at the Human Services Center for examination and
treatment;
(5)(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;
(6)(7) The court may place the child in an alternative educational program;
(7)(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 it sees fit, including requiring that financial responsibility be proved and
maintained;
(8)(9) 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)(10) 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 2. That § 26-7A-128 be amended to read:
26-7A-128. 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 § 26-7A-129. 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 assess against the child's parents or guardians
for the
amount of the citation and any restitution owed pursuant to § 26-7A-129.
Section 3. That § 26-8D-8 be amended to read:
26-8D-8. The oversight council shall consist of the following nineteen twenty members:
(1) The Governor shall appoint the following six seven 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) A representative from the Department of Tribal Relations;
(f) 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 4. That § 26-11A-15 be amended to read:
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 26-8C-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 5. That § 26-7A-129 be amended to read:
26-7A-129. 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 defined in subdivision 23A-28-2(4) and 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 26-7A-126(3).
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 6. That § 26-7A-11 be amended to read:
26-7A-11. A report of a preliminary investigation involving any apparent child in need of
supervision or any apparent delinquent child may be referred 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 four months from the date of the
consent.
The state's attorney may include in the referral to a court-approved juvenile diversion program
a requirement that restitution
as defined in subdivision 23A-28-2(4) be imposed as a condition of
the diversion program.
Section 7. That § 26-8B-6 be amended to read:
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:
(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 participate in a supervised
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 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 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 restitution, as defined in subdivision 23A-28-2(4) and under conditions set by
the court if payment can be enforced without serious hardship or injustice to the child;
(5) The court may place a child in an alternative educational program;
(6) The court may order the child to be examined and treated at the Human Services Center;
(7) The court may impose a fine not to exceed five hundred dollars;
(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;
(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 (10) of this section.
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 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\146.wpd
MENTALLY ILL PERSONS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\147.wpd
CHAPTER 147
(SB 142)
Disclosure authorized of mental health information
to law enforcement.
ENTITLED, An Act to authorize certain disclosures of mental health information to law
enforcement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 27A-12-27 be amended to read:
27A-12-27. If requested, information shall be disclosed:
(1) Pursuant to orders or subpoenas an order or subpoena of a board of mental illness or a
court of record or subpoenas a subpoena of the Legislature;
(2) To a prosecuting or defense attorney or to a qualified mental health professional as
necessary for him the attorney or professional to participate in a proceeding governed by
this title;
(3) To an attorney representing a person who is presently subject to the authority of this title
or who has been discharged when that person has given his consent;
(4) If necessary in order to comply with another provision of law;
(5) To the department if the information is necessary to enable the department to discharge
a responsibility placed upon it by law; or
(6) To a states attorney or the attorney general for purpose of investigation of an alleged
criminal act either committed by or upon a human services center patient while a patient
of the center; or
(7) To a law enforcement official or agency, or correctional institution, if the official, agency,
or institution informs the inpatient facility that an arrest warrant has been issued for or
criminal charges are pending against a person, for purposes of obtaining custody of the
person by a law enforcement official or agency before discharge.
Section 2. That chapter 27A-12 be amended by adding a NEW SECTION to read:
If a request for notice is made pursuant to subdivision (7) of section 1 of this Act, the request
shall:
(1) Be made in writing and served upon an inpatient facility, either by personal service or
electronic facsimile with oral notice of the facsimile given by telephone, before the
discharge;
(2) Contain clear contact information and a reasonable contact method for notifying the
requesting official, agency, or institution; and
(3) Contain clear information identifying the person.
Upon receipt of a request fulfilling the requirements of this section, the inpatient facility shall
provide the notice of pending discharge to the requester as soon as reasonably practical before
discharge. The notice shall contain the time, date, and location of the pending discharge. The
inpatient facility shall record in the person's medical record the time the notice of pending discharge
is given, to whom, how the notice was given, who gave the notice, the set time for discharge, and
the time the law enforcement official or agency obtained custody of the person after the notice was
given, if applicable.
Section 3. That chapter 27A-12 be amended by adding a NEW SECTION to read:
If a person is subject to a petition for involuntary commitment under this title, the inpatient
facility may detain that person in the facility for a period of time not to exceed four hours after the
time set for discharge, if necessary for a law enforcement official or agency to obtain custody of the
person. This period of time includes four hours after the board of mental illness releases a detention
of the person pursuant to this title. If the person is not taken into custody after the notice to the
requester and within the specified period of time, the person shall be released from any detention or
discharged, as appropriate. The inpatient facility shall record the time of the release or discharge in
the person's medical record. If the person was a voluntary patient in the inpatient facility, the person
shall maintain the right to discharge as provided in § 27A-8-10.
Section 4. That chapter 27A-12 be amended by adding a NEW SECTION to read:
The detention of a person in good faith and not in excess of the period of time specified in this
Act may not render any law enforcement official, agency, institution, board, court, physician,
inpatient facility, or staff detaining the person liable in any criminal or civil action for false arrest
or false imprisonment.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\147.wpd
PUBLIC WELFARE AND ASSISTANCE
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\148.wpd
CHAPTER 148
(HB 1110)
Medicaid for certain unborn children.
ENTITLED, An Act to provide medical care for certain unborn children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
There is hereby created the prenatal care program, a separate health assistance program as
allowed under Title XXI of the federal Social Security Act, as amended to January 1, 2004, and 42
C.F.R. 457.10, solely to provide for the medical care of unborn children whose mothers are ineligible
for coverage under Title XIX of the federal Social Security Act based on their citizenship status.
Section 2. That the code be amended by adding a NEW SECTION to read:
Within thirty days after the effective date of this Act, the Department of Social Services shall
submit a state plan amendment or waiver for approval by the federal Centers for Medicare and
Medicaid Services to provide prenatal coverage under the medical assistance program in accordance
with this Act.
Section 3. That the code be amended by adding a NEW SECTION to read:
The department shall implement the prenatal care program and shall receive and distribute the
state and federal funds appropriated or provided for benefits pursuant to this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
The secretary shall promulgate rules pursuant to chapter 1-26 in accordance with the provisions
of Title XXI of the federal Social Security Act, as amended to January 1, 2004, and 42 C.F.R 457.10.
The rules shall specify the individuals and services for which state funds or federal financial
participation are available and may include:
(1) The amount, scope, and duration of prenatal medical services;
(2) The basis for and extent of provider payments on behalf of an eligible person;
(3) The establishment and collection of copayments, premiums, fees, or charges for sharing
the cost of risk protection or services to persons. All collections shall be remitted to the
general fund;
(4) Methods of administration found necessary for the operation of the prenatal care program;
(5) Safeguards against the disclosure or improper use of information, required by statutory
law to be held confidential, concerning applicants for or recipients of medical assistance;
and
(6) Any other requirements as may be necessary to obtain federal financial participation in
the medical assistance program.
Section 5. That the code be amended by adding a NEW SECTION to read:
The department shall determine eligibility for this program using the same income limits and
methodology used to determine eligibility for the pregnancy program under Title XIX.
Section 6. That the code be amended by adding a NEW SECTION to read:
The department shall determine the scope of services eligible to provide health coverage for the
unborn child for this program in accordance with the federal regulations.
Section 7. That the code be amended by adding a NEW SECTION to read:
No medical services for a medical issue unrelated to the pregnancy or separate to the mother is
covered under this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
For purposes of this Act, the term, prenatal medical services, does not include an abortion unless
the abortion is necessitated by a medical emergency as defined in subdivision 34-23A-1(5).
Signed March 16, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\148.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\149.wpd
CHAPTER 149
(HB 1224)
Participation by South Dakota residents
in an ABLE savings program.
ENTITLED, An Act to facilitate participation by South Dakota residents in an ABLE savings
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "ABLE savings program," a qualified savings program established under section 529A
of the Internal Revenue Code, 26 U.S.C. 529A;
(2) "Council," the South Dakota Investment Council.
Section 2. That the code be amended by adding a NEW SECTION to read:
When determining the eligibility or amount of benefits to be received by a designated beneficiary
of an ABLE savings program, a state or local agency may not consider a contribution to an account
in a qualified ABLE savings program, earnings on the contribution, or a distribution from the
account for qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue
Code, 26 U.S.C. 529A(e)(5), as of January 1, 2016.
Section 3. That the code be amended by adding a NEW SECTION to read:
The council may provide information about ABLE savings programs to residents of this state.
The state investment officer and the employees of the Division of Investment may assist the council
in carrying out its duties under this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act creates any obligation of the council, the state, state investment officer, the
Division of Investment, or any agency or instrumentality of the state to guarantee for the benefit of
any account owner or designated beneficiary with respect to the return of principal, rate of interest
or other return on any account, or payment of interest or other return on any account.
Section 5. That the code be amended by adding a NEW SECTION to read:
The council, each council member, the state investment officer, and each employee of the
Division of Investment personally is immune from any and all liability for actions taken in good faith
in the discharge of the council's responsibilities under this Act.
Signed March 11, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\149.wpd
UNIFORM PROBATE CODE
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\150.wpd
CHAPTER 150
(SB 152)
Protected person visitation regulated.
ENTITLED, An Act to enact the Peter Falk Act to ensure visitation of certain protected persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 29A-5 be amended by adding a NEW SECTION to read:
Except as described in section 2 of this Act, a guardian or conservator may not restrict a
protected person's right of communication, visitation, or interaction with other persons, including
the right to receive visitors, telephone calls, or personal mail, unless the restriction is authorized by
a court order. For purposes of this Act, other persons only includes the parents, children, and siblings
of the protected person.
Section 2. That chapter 29A-5 be amended by adding a NEW SECTION to read:
If a protected person is unable to express consent to communication, visitation, or interaction
with a person due to a physical or mental condition, then the guardian or conservator may presume
the protected person's consent to or refusal of the communication, visitation, or interaction based on
proof concerning the nature of the protected person's relationship with the other person.
Section 3. That chapter 29A-5 be amended by adding a NEW SECTION to read:
With good cause, a guardian or conservator may move the court to restrict the other person's
ability to communicate, visit, or interact with a protected person.
Section 4. That chapter 29A-5 be amended by adding a NEW SECTION to read:
A court may issue an order restricting the communications, visitations, or interactions that the
other person may have with a protected person upon a showing of good cause by a guardian or
conservator. In determining whether to issue an order, a court shall consider the following factors:
(1) Whether any protective order has been issued to protect the protected person from the
other person;
(2) Whether the other person has been charged with abuse, neglect, or financial exploitation
of the protected person;
(3) Whether the protected person has expressed a desire to communicate, visit, or interact
with the other person or has expressed a desire not to communicate, visit, or interact with
the other person;
(4) If the protected person is unable to communicate, whether a properly executed living will,
durable power of attorney, or advance directive contains a preference by the protected
person with regard to the other person's communication, visitation, or interaction with the
protected person; and
(5) Any other factor deemed relevant by the court.
Section 5. That chapter 29A-5 be amended by adding a NEW SECTION to read:
Before issuing an order pursuant to section 4 of this Act, the court shall consider imposing the
following restrictions in the order listed:
(1) Placing reasonable time, manner, or place restrictions on communication, visitation, or
interaction between the protected person and the other person based on the history
between the protected person and the other person or the protected person's wishes, or
both;
(2) Requiring that communication, visitation, or interaction between the protected person and
the other person be supervised; or
(3) Denying communication, visitation, or interaction between the protected person and the
other person.
If the court finds that the other person poses a threat to the protected person, the court may order
supervised communication, visitation, or interaction pursuant to subdivision (2) before denying any
communication, visitation, or interaction.
Section 6. That chapter 29A-5 be amended by adding a NEW SECTION to read:
If any person, including the protected person, reasonably believes that a guardian or conservator
has violated a court order or abused the guardian's or conservator's discretion in applying section 2
of this Act, the person may move the court to:
(1) Require the guardian or conservator to grant a person access to the protected person;
(2) Restrict, or further restrict, a person's access to the protected person;
(3) Modify the guardian or conservator's duties; or
(4) Remove the guardian or conservator pursuant to chapter 29A-5.
A guardian or conservator who knowingly isolates a protected person and has violated this Act
or an order issued pursuant to this Act, is subject to removal pursuant to chapter 29A-5.
Signed March 14, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\150.wpd
HIGHWAYS AND BRIDGES
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\151.wpd
CHAPTER 151
(SB 7)
State trunk highway system revised.
ENTITLED, An Act to revise the composition of the state trunk highway system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-4-140 be amended to read:
31-4-140. The state trunk highway system includes the following in Lincoln and Minnehaha
counties:
(1) From a point on State Highway 44 at Lennox near the southwest corner of section
thirty-three, township ninety-nine north, range fifty-one west, thence north via Lennox to
a point fifty feet south of the centerline of 278th Street at its intersection with State
Highway 17;
(2) From the Minnehaha County-Lincoln County line north to State Highway 42 west of
Sioux Falls near the northwest corner of section nineteen, township one hundred one
north, range fifty west.
Signed February 23, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\151.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\152.wpd
CHAPTER 152
(HB 1127)
Road district authority revised.
ENTITLED, An Act to revise certain provisions concerning road districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-12A-36 be amended to read:
31-12A-36. A contiguous area may be annexed or an area withdrawn from to a road district by:
(1) Circulation circulation of an initiating petition for annexation signed by twenty-five
percent of the eligible voters in the area to be annexed and twenty-five percent of the
eligible voters in the existing district, similar to an initiating petition specified in this
chapter; or
(2) Circulation of an initiating petition for withdrawal signed by twenty-five percent of the
eligible voters in the area to be withdrawn and passage of a resolution therefor by the
directors of the road district.
Upon receipt of an initiating petition and passage of a resolution by the directors
finding that the
petition is valid, the area shall be annexed if a majority of the eligible voters in the area to be
annexed and a majority of the eligible voters in the existing area vote in favor of the annexation in
the same manner as prescribed for creation of a new road district
or the area shall be withdrawn if
a majority of the eligible voters in the withdrawing area vote in favor of withdrawal in the same
manner as prescribed for creation of a new road district.
Signed March 15, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\152.wpd
MOTOR VEHICLES
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\153.wpd
CHAPTER 153
(HB 1179)
Large boats exempt from the excise tax.
ENTITLED, An Act to revise certain provisions regarding the exemption of certain boats from the
excise tax on large boats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3A-52 be amended to read:
32-3A-52. Exempt from the provisions of § 32-3A-50 are:
(1) Any large boat which is the property of the governmental units which are exempted from
motor vehicle registration fees by §§ 32-5-42 and 32-5-42.1;
(2) Any large boat acquired by inheritance or bequest;
(3) Any large boat previously titled or licensed jointly in the names of two or more persons
and subsequently transferred without consideration to one or more of such persons;
(4) Any large boat transferred without consideration between spouses, between a parent and
child, and between siblings;
(5) Any large boat transferred pursuant to any mergers or consolidations of corporations or
limited liability companies, or plans of reorganization by which substantially all of the
assets of a corporation or limited liability company are transferred if the large boat was
previously titled, licensed, and registered in this state;
(6) Any large boat transferred by a subsidiary corporation or limited liability company to its
parent corporation or limited liability company for no or nominal consideration or in sole
consideration of the cancellation or surrender of the subsidiary's stock if the large boat
was previously titled, licensed, and registered in this state;
(7) Any large boat transferred between an individual and a corporation if the individual and
the owner of the majority of the capital stock of the corporation are one and the same, or
any large boat transferred between an individual and a limited liability company if the
individual and the majority member of the limited liability company are one and the same,
and if the large boat was previously titled and registered in this state;
(8) Any large boat transferred between a corporation or limited liability company and its
stockholders, members, or creditors if to effectuate a dissolution of the corporation or
limited liability company it is necessary to transfer the title from the corporate entity or
limited liability company to the stockholders, members, or creditors and if the large boat
was previously titled and registered in this state;
(9) Any large boat transferred between an individual and limited or general partnership if the
individual and the owner of the majority interest in the partnership are one and the same
person and if the large boat was previously titled and registered in this state;
(10) Any large boat transferred to effect a sale of all or substantially all of the assets of the
business entity if the large boat was previously titled and registered in this state;
(11) Any large boat acquired by a secured party or lien holder in satisfaction of a debt;
(12) Any large boat sold or transferred which is eleven or more years old and which is sold or
transferred for two thousand two hundred two thousand five hundred dollars or less before
trade-in;
(13) Any damaged large boat transferred to an insurance company in the settlement of an
insurance claim;
(14) Any large boat owned by a former resident of this state who returns to the state and who
had previously paid excise tax to this state on the large boat as evidenced within the
department's records or by submission of other acceptable proof of payment of such tax;
(15) Any large boat transferred between corporations, both subsidiary and nonsubsidiary, if the
individuals who hold a majority of stock in the first corporation also hold a majority of
stock in the second corporation; but these individuals need not hold the same ratio of
stock in both corporations and if the large boat was previously titled and registered in this
state;
(16) Any large boat transferred between limited liability companies, both subsidiary and
nonsubsidiary, if the individuals who hold a majority interest in the first limited liability
company also hold a majority interest in the second limited liability company and if the
large boat was previously titled, licensed, and registered in this state; and
(17) Any large boat transferred by a trustor to a trustee or from a trustee to a beneficiary of a
trust.
Signed March 7, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\153.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\154.wpd
CHAPTER 154
(HB 1095)
Time period to transfer a motor vehicle title, increased.
ENTITLED, An Act to revise certain allowable time periods regarding the transfer of vehicle
ownership.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-2.5 be amended to read:
32-5-2.5. A person who acquires a motor vehicle required to be annually registered shall, at the
time of application and no later than thirty forty-five days after the date of purchase apply for a
certificate of title or transfer of title, register the vehicle until the appropriate month assigned to the
person for renewal by § 32-5-2.2.
Section 2. That § 32-5-2.9 be amended to read:
32-5-2.9. If a vehicle is sold or transferred, the seller shall provide the purchaser with a seller's
permit that shall allow allows for the movement of the vehicle until registered but no later than thirty
forty-five days from the date of purchase. Failure to comply with this section is a Class 2
misdemeanor.
Section 3. That § 32-5-8.1 be amended to read:
32-5-8.1. Each trailer or semitrailer pulled by a noncommercial motor vehicle on which the
license fees were paid pursuant to § 32-5-6.3 shall have an identification plate displayed in a
conspicuous manner. The fee for the identification plate is ten dollars. The identification plate is
valid for the useful life of the trailer or semitrailer. However, if the title to the trailer or semitrailer
is transferred, the new owner shall within thirty forty-five days of the date of transfer make
application to the department for a new identification plate. All revenue raised by the fees shall be
placed in the license plate special revenue fund. However, no identification plate may be displayed
on a recreational vehicle as defined in § 32-3-1. Such a A recreational vehicle shall be licensed
pursuant to § 32-5-8.
Section 4. That § 32-3-3.1 be amended to read:
32-3-3.1. Any new mobile home, new manufactured home, or mobile home or manufactured
home which has not been registered in this state shall, upon its sale, be initially registered and titled
pursuant to this chapter, and the initial registration fee provided in § 32-5-16.1 shall be collected.
If the mobile home or manufactured home is sold by a dealer, the licensed dealer shall deliver to the
county treasurer the manufacturer's statement of origin, the manufacturer's certificate of origin, or
the title for the mobile home or manufactured home, together with the required fees and completed
forms necessary to accomplish the initial registration within thirty forty-five days of the sale. For
mobile homes or manufactured homes not sold by a licensed dealer, the purchaser shall register and
title the mobile home or manufactured home within thirty forty-five days. Any dealer or purchaser
who does not comply with this section is subject to a late penalty fee of one dollar for each week or
fraction thereof of the week 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 title a year or more
beyond the thirty-day forty-five day limitation is guilty of a Class 2 misdemeanor.
Section 5. That § 32-3A-29 be amended to read:
32-3A-29. If ownership of a large boat is transferred by operation of law, by inheritance, order
in bankruptcy, insolvency, replevin, or execution sale, the transferee, within
thirty forty-five days
after acquiring the right to possession of the large boat, shall mail or deliver to the county treasurer
satisfactory proof of ownership as the department requires, together with an application for a new
certificate of title, and the required fee. If a lienholder repossesses a large boat and holds it for resale,
the lienholder shall secure a new certificate of title and shall pay the required fee.
Section 6. That § 32-3-51.20 be amended to read:
32-3-51.20. If an insurer, in settlement of a total loss insurance claim, or self insurer acquires the
ownership of any salvage vehicle as defined in § 32-3-51.19 that does not have a salvage vehicle
title, the insurer shall within thirty forty-five days following acquisition of the certificate of title of
that vehicle, surrender the certificate of title for such the vehicle to the department. The department
shall promptly issue a title indicating it is a salvage vehicle to the insurer or self insurer. Once If a
vehicle has been branded a salvage vehicle, nothing in this section prohibits a person from obtaining
a rebuilt title pursuant to § 32-3-53.
Section 7. That § 32-3-51.22 be amended to read:
32-3-51.22. If a stolen vehicle is recovered, the insurer or self insurer shall, within thirty forty-five 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 § 32-3-51.19, surrender
the existing salvage title to the department. The department shall promptly issue a title marked as
a recovered theft with no salvage notation.
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 8. That § 32-3A-40 be amended to read:
32-3A-40. If ownership of a large boat is being transferred, the application for certificate of title
shall be filed within thirty forty-five days after the date of assignment or acquisition of the large boat.
However, a boat dealer need not apply for a certificate of title on any large boat held in stock or
acquired for stock purposes unless otherwise required under this chapter. Upon transfer of the large
boat, the boat dealer shall give the transferee a reassignment of the certificate of title or the
manufacturer's statement of origin.
Section 9. That § 32-7A-4.2 be amended to read:
32-7A-4.2. The department may deny any application or apply the provisions of §§ 32-7A-4.3
to 32-7A-4.8, inclusive, on any license issued under the provisions of this chapter, for any of the
following:
(1) Commission of fraud or willful misrepresentation in the application for or in obtaining
a license;
(2) A previous manufacturer or dealer license revocation in this or any other state;
(3) A violation of any law of this state which relates to dealing in manufactured homes or
mobile homes;
(4) Failure to comply with any administrative rule promulgated by the department;
(5) Perpetration of a fraud upon any person as a result of dealing in manufactured homes or
mobile homes;
(6) Failure to allow department inspections, including initial and annual inspections,
complaint investigations and necessary follow-up inspections;
(7) Misrepresentation through false, deceptive, or misleading statements with regard to the
sale or financing of manufactured homes or mobile homes which a dealer has, or causes
to have, advertised, printed, displayed, published, distributed, broadcast, televised, or
made in any manner with regard to the sale or financing of manufactured homes or mobile
homes;
(8) Refusal to comply with a licensee's responsibility under the terms of the new
manufactured home or mobile home warranty issued by its respective manufacturer,
unless such refusal is at the direction of the manufacturer;
(9) Failure to comply with the terms of any bona fide written, executed agreement pursuant
to the sale of a manufactured home or mobile home;
(10) Violation by the dealer of any applicable manufactured home building or safety code;
(11) Failure to continuously occupy a principal place of business licensed under § 32-7A-2;
(12) Failure to deliver the manufacturer's statement of origin to the county treasurer or the
certificate of title to a person entitled to it within thirty forty-five days after date of
delivery;
(13) Conviction within the previous five years, of a crime that related directly to the business
of the dealer or manufacturer involving fraud, misrepresentation or misuse of funds;
(14) Inability to obtain or renew a surety bond; or
(15) Misuse of the dealers' metal plates and lending for use on mobile homes or manufactured
homes not owned by the manufacturer or dealer.
Signed March 7, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\154.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\155.wpd
CHAPTER 155
(HB 1137)
Distribution of registration fees
from noncommercial gross weight vehicles, revised.
ENTITLED, An Act to revise the distribution of registration fees from noncommercial gross weight
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-6.3 be amended to read:
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 twenty dollars;
(2) For each additional 2,000 pounds or major fraction thereof from 8,001 to 20,000 pounds,
inclusive, 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 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.
Notwithstanding the provisions of § 32-11-4.1, all funds collected pursuant to this section shall
be distributed as follows:
(1) One and three-fourths percent shall be credited to the state motor vehicle fund;
(2) Two and one-half percent shall be credited to the state license plate special revenue fund;
(3) One-fourth of one percent shall be credited to the county treasurer fund to cover expenses
for supplies such as toner, paper, etc.;
(4) Sixty-seven percent shall be credited to the county road and bridge fund;
(5) Twenty-three percent shall be placed in the special highway fund and shall be distributed
to the townships in accordance with §§ 32-11-5 to 32-11-7, inclusive; and
(6) Five and one-half percent shall be distributed to municipalities within the county in
accordance with subdivision 32-11-4.1(3).
Signed March 16, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\155.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\156.wpd
CHAPTER 156
(SB 66)
Special license plates for parents of children with disabilities.
ENTITLED, An Act to permit the issuance of special license plates to parents of certain individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-76 be amended to read:
32-5-76. An owner of a motor vehicle, who is a resident of this state, who has complied with all
the laws of this state in regards to the registration of a motor vehicle, and who operates or directs the
operation of the vehicle, may submit to the county treasurer an application containing a physician's
certificate on a form approved by the secretary, stating that the applicant is a person with a
substantial physical disability that makes it impossible or causes substantial hardship to walk. An
owner of a motor vehicle, who is a resident of this state, who has complied with all the laws of this
state in regards to the registration of a motor vehicle, and who is the parent or legal guardian of a
dependant with a substantial physical disability and operates the motor vehicle for the purpose of
transporting the dependent, may submit to the county treasurer an application containing a
physician's certificate on a form approved by the secretary, stating that the dependent has a
substantial physical disability that makes it impossible or causes substantial hardship to walk. The
secretary shall promulgate a rule, pursuant to chapter 1-26, defining a person with a substantial
physical disability. The county treasurer shall procure, issue, and deliver to the applicant special
plates with letters, numbers, or symbols, or any combination thereof, as the secretary may prescribe.
The special plates shall be designed to readily apprise law enforcement officers of the fact that the
motor vehicle is owned, operated, or used in transporting a person with a substantial physical
disability. No charge may be made for the issuance of the special plates. The special plates shall be
in lieu of the regular number plates issued for the motor vehicle. The special plates shall be displayed
as set forth in § 32-5-98. If the applicant is no longer a person or the parent or legal guardian of a
dependent with a substantial physical disability or is deceased, the special plates shall be surrendered
within thirty days to the county treasurer of the applicant's residence, and the treasurer shall notify
the secretary who shall make the necessary changes in the registration file. The owner shall obtain
regular number plates. Failure to surrender the special license plates as required by this section is a
Class 2 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\156.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\157.wpd
CHAPTER 157
(SB 85)
Motorcycle and other license plates.
ENTITLED, An Act to revise certain provisions regarding motorcycle license plates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-85 be amended to read:
32-5-85. Two number plates shall be issued, except that as to a motorcycle, recreational vehicles,
semitrailers, and trailers vehicle, semitrailer, and trailer, as such terms are defined in subdivisions
32-3-1(10), (18), (21), and (23), one number plate shall be issued.
Section 2. That § 32-5-98 be amended to read:
32-5-98. Except as otherwise specifically provided, no person may operate or drive a motor
vehicle on the public highways of this state unless such the vehicle shall have has a distinctive
number assigned to it by the department, and two number plates, bearing such the number
conspicuously displayed, horizontally and in an upright position, one on the front and one on the rear
of such the vehicle, each securely fastened. The plates shall at all times, as far as is reasonably
possible, be kept clear and free of mud, ice, or snow so as to be clearly visible. All number plates,
markers, or stamps evidencing registration or licensing of any vehicle in this or any foreign state,
territory, district, or possession and any plate, marker, or stamp used in substitution for or in lieu of
the number plates required by this section by virtue of any law or executive order for any prior year
or years shall be removed from such vehicles. A motorcycle is only required to display one number
plate. A violation of this section is a Class 2 misdemeanor.
Signed February 23, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\157.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\158.wpd
CHAPTER 158
(HB 1164)
Special interest motor vehicle license plate.
ENTITLED, An Act to provide for a special interest motor vehicle license plate for certain vehicles
under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-5 be amended by adding a NEW SECTION to read:
Any person who is a resident of this state and is the owner of a special interest motor vehicle may
apply to the county treasurer of the applicant's county of residence for a special interest motor vehicle
license plate. The application shall be on a form prescribed by the secretary and is in addition to any
other forms required by this chapter. The applicant shall meet all of the requirements in section 4 of
this Act and pay any applicable fees in order to receive a special interest motor vehicle license plate.
For purposes of this Act, a special interest motor vehicle is a vehicle that is collected, preserved,
restored, or maintained by the owner as a leisure pursuit and is not used for general or commercial
transportation. The special interest motor vehicle license plate may be placed on any automobile,
pickup, truck, or van licensed pursuant to § 32-5-6 that qualifies as a special interest motor vehicle.
Section 2. That chapter 32-5 be amended by adding a NEW SECTION to read:
The special interest motor vehicle plate shall be issued in place of the regular plates issued
pursuant to § 32-5-85. The special interest motor vehicle plate shall be numbered and designed by
the secretary to be visibly distinct from regular noncommercial license plates. The special interest
motor vehicle plate shall be reflectorized and validated with a decal each year in the same manner
as noncommerical license plates. Notwithstanding the requirements of § 32-5-98, a vehicle for which
a special interest motor vehicle license plate is issued is not required to display a number plate on
the front of the vehicle. The special interest motor vehicle license plate shall be securely fastened
to the rear of the special interest motor vehicle in a horizontal and upright position.
Section 3. That chapter 32-5 be amended by adding a NEW SECTION to read:
In addition to the noncommercial annual registration fees, each applicant for a special interest
motor vehicle license plate shall pay an annual twenty-five dollar fee. All fees collected pursuant to
this section shall be credited to the license plate special revenue fund.
Section 4. That chapter 32-5 be amended by adding a NEW SECTION to read:
An application for a special interest motor vehicle license plate, as provided for in section 1 of
this Act, shall include a signed affidavit wherein the applicant attests to the following:
(1) The motor vehicle for which the special interest motor vehicle license plate is sought is
driven less than six thousand miles per year;
(2) The motor vehicle for which the special interest motor vehicle license plate is sought is
not used for general or commercial transportation, but rather for occasional transportation,
public displays, parades, and related pleasure or hobby activities; and
(3) The current reading on the odometer of the special interest motor vehicle.
The secretary may, at any time, require an applicant to provide additional information to
determine if the applicant meets the special interest motor vehicle license plate requirements.
An applicant shall annually, at the time of registration renewal, submit the current odometer
reading of the special interest motor vehicle. If an applicant fails to provide this information the
registration may not be renewed.
Section 5. That chapter 32-5 be amended by adding a NEW SECTION to read:
If an applicant misuses the special interest motor vehicle license plate by not adhering to the
special interest motor vehicle license plate requirements, that applicant shall surrender to the
department all special interest motor vehicle license plates in his or her possession and is not eligible
for a special interest motor vehicle plate for a period of three years.
Section 6. That § 32-5-67 be amended to read:
32-5-67. All fees received pursuant to §§ 32-5-42, 32-5-42.2, 32-5-65, 32-5-65.1, 32-5-159, and
32-5-160, and this Act shall be credited to a fund to be known as the license plate special revenue
fund. The special revenue fund shall be expended for the purchase of special plates required pursuant
to this chapter and the expenses of the office incident to the issuance thereof. Disbursements from
this fund shall be made by warrants drawn by the state auditor on vouchers duly approved by the
secretary.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\158.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\159.wpd
CHAPTER 159
(HB 1083)
The sale of certain off-road vehicles regulated.
ENTITLED, An Act to change the taxation method used in the sale of certain off-road vehicles and
require that the sale of these vehicles be by licensed vehicle dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5B-1 be amended to read:
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 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. A person shall pay an excise tax at the
rate of four percent on the purchase of an off-road vehicle as defined by § 32-3-1 and required to be
titled pursuant to § 32-20-12. This tax shall be in lieu of any tax levied by chapters 10-45, 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.
Section 2. That subdivision (22) of § 32-6B-1 be amended to read:
(22) "Vehicle," any new or used automobile, truck, truck tractor, motorcycle, off-road vehicle,
motor home, trailer, semitrailer or travel trailer of the type and kind required to be titled
and registered under chapters 32-3 and 32-5, or required to be titled under chapter 32-20
except manufactured homes, mobile homes, mopeds or snowmobiles;
Section 3. That § 32-6B-7 be amended to read:
32-6B-7. Before any license is issued, the applicant shall deliver to the department a good and
sufficient surety bond, executed by the applicant as principal and by a surety company qualified to
do business in the state as surety. The bond shall be for an amount based upon the type of license
applied for, as follows:
(1) Vehicle dealer's license--$25,000;
(2) Used vehicle dealer's license--$25,000;
(3) Motorcycle and off-road vehicle dealer's license--$5,000;
(4) Trailer dealer's license--$10,000 for trailers weighing more than 3,000 three thousand
pounds; or
(5) Emergency vehicle dealer's license--$10,000.
The bond shall be to the department and in favor of any customer who suffers any loss that may
be occasioned by reason of the failure of title or by reason of any fraudulent misrepresentation or
breaches of warranty as to freedom from liens. The bond shall be for the license period. A new bond
or a proper continuation certificate shall be delivered to the department at the beginning of each
license period. Any surety company that pays a claim against the bond of a licensee shall notify the
department, in writing, that it has paid such a claim. Any surety company that cancels the bond of
a licensee shall notify the department, in writing, of the cancellation, giving the reason for that
cancellation. If a claim is made to the department against the bond, which claim is based upon a final
judgment of a court of record of this state, the dealer shall execute an additional bond for the amount
necessary to maintain the security at the original level.
Section 4. That § 32-6B-12 be amended to read:
32-6B-12. Any dealer's license issued under this chapter shall be of the following classes:
(1) "Vehicle dealer's license," a license that permits the licensee to engage in the business of
selling or exchanging new, or new and used, vehicles;
(2) "Used vehicle dealer's license," a license that permits the licensee to engage in the
business of selling or exchanging used vehicles only;
(3) "Motorcycle and off-road vehicle dealer's license," a license that permits the licensee to
engage in the business of selling or exchanging new or used motorcycles and new or used
off-road vehicles only;
(4) "Trailer dealer's license," a license that permits the licensee to engage in the business of
selling or exchanging trailers, semitrailers, recreational park trailers, or travel trailers only,
new or used;
(5) "Emergency vehicle dealer's license," a license that permits the licensee to engage in the
business of selling or exchanging new or used authorized emergency vehicles; or
(6) "Final stage manufacturer dealer's license," a license that permits the licensee to engage
in the business of selling or exchanging a previously assembled new motor vehicle chassis
cab that has been completed by the final stage manufacturer and to engage in the business
of selling or exchanging used motor vehicles.
A license certificate identifying the class of dealership and containing a distinguishing
identification number of licensee shall be issued by the department if the application is in compliance
with the provisions of this chapter.
Section 5. That § 32-6B-13 be amended to read:
32-6B-13. Upon making initial application for a dealer's license, the applicant shall pay a fee to
the department. The initial fee required for each type of dealer's license is as follows:
(1) Vehicle dealer's license--$300;
(2) Used vehicle dealer's license--$300;
(3) Motorcycle and off-road vehicle dealer's license--$250;
(4) Trailer dealer's license--$125;
(5) Emergency vehicle dealer's license--$300; or
(6) Final stage manufacturer dealer's license--$300.
All money collected pursuant to this section shall be deposited in the state motor vehicle fund.
Section 6. That § 32-6B-15 be amended to read:
32-6B-15. A renewal application shall be submitted to the department annually, prior to the
expiration of the old license. The applicant shall pay a fee based on the following schedule to the
department:
(1) Vehicle dealer's license--$175;
(2) Used vehicle dealer's license--$175;
(3) Motorcycle and off-road vehicle dealer's license--$150;
(4) Trailer dealer's license--$100; or
(5) Emergency vehicle dealer's license--$175.
The renewal application shall contain the same information as required for the initial application
in § 32-6B-6. Any application for renewal made after the expiration date shall be accompanied by
a fee in the amount of the initial license fee as established in § 32-6B-13.
Section 7. That chapter 32-5B be amended by adding a NEW SECTION to read:
All excise taxes collected on the purchase of an off-road vehicle as provided by § 32-5B-1 shall
be deposited in the state general fund.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\159.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\160.wpd
CHAPTER 160
(HB 1113)
Motor vehicle excise tax exemption.
ENTITLED, An Act to exempt from the excise tax on motor vehicles the transfer of motor vehicles
to a nonprofit organization under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5B-2 be amended to read:
32-5B-2. Motor vehicles exempted from the provisions of this chapter are as follows:
(1) Any motor vehicle exempted in § 32-5-1.3, 32-5-42, 32-5-42.1, or 32-5-42.2;
(2) Any motor vehicle acquired by inheritance from or bequest of a decedent;
(3) Any motor vehicle previously titled or licensed jointly in the names of two or more
persons and subsequently transferred without consideration to one or more of such
persons;
(4) Any motor vehicle transferred without consideration between spouses, between a parent
and child, and between siblings;
(5) Any motor vehicle transferred pursuant to any mergers or consolidations of corporations
or limited liability companies, or plans of reorganization by which substantially all of the
assets of a corporation or limited liability company are transferred if the motor vehicle
was previously titled, licensed, and registered in this state;
(6) Any motor vehicle transferred by a subsidiary corporation or limited liability company to
its parent corporation or limited liability company for no or nominal consideration or in
sole consideration of the cancellation or surrender of the subsidiary's stock if the motor
vehicle was previously titled, licensed, and registered in this state;
(7) Any motor vehicle transferred between an individual and a corporation if the individual
and the owner of the majority of the capital stock of the corporation are one and the same,
or any motor vehicle transferred between an individual and a limited liability company
if the individual and the majority member of the limited liability company are one and the
same, and if the motor vehicle was previously titled, licensed, and registered in this state;
(8) Any motor vehicle transferred between a corporation or limited liability company and its
stockholders, members, or creditors if to effectuate a dissolution of the corporation or
limited liability company it is necessary to transfer the title from the corporate entity or
limited liability company to the stockholders, members, or creditors and if the motor
vehicle was previously titled, licensed, and registered in this state;
(9) Any motor vehicle transferred between an individual and a limited or general partnership
if the individual and the owner of the majority interest in the partnership are one and the
same person and if the motor vehicle was previously titled, licensed, and registered in this
state;
(10) Any motor vehicle transferred to effect a sale of all or substantially all of the assets of the
business entity if the motor vehicle was previously titled, licensed, and registered in this
state;
(11) Any motor vehicle acquired by a secured party or lien holder in satisfaction of a debt;
(12) Any motor vehicle sold or transferred that is eleven or more model years old and that is
sold or transferred for two thousand two hundred dollars or less before trade-in;
(13) Any damaged motor vehicle transferred to an insurance company in the settlement of an
insurance claim;
(14) Any motor vehicle owned by a former resident of this state who returns to the state and
who had previously paid vehicle excise tax to this state on the motor vehicle as evidenced
within the department's records or by submission of other acceptable proof of payment of
such tax;
(15) Any motor vehicle transferred between corporations, both subsidiary and nonsubsidiary,
if the individuals who hold a majority of stock in the first corporation also hold a majority
of stock in the second corporation; but these individuals need not hold the same ratio of
stock in both corporations and if the motor vehicle was previously titled, licensed, and
registered in this state;
(16) Any motor vehicle transferred between limited liability companies, both subsidiary and
nonsubsidiary, if the individuals who hold a majority interest in the first limited liability
company also hold a majority interest in the second limited liability company and if the
motor vehicle was previously titled, licensed, and registered in this state;
(17) Any motor vehicle transferred by a trustor to a trustee or from a trustee to a beneficiary
of a trust;
(18) Any motor vehicle rented for twenty-eight days or less is subject to the tax imposed by
§ 32-5B-20; and
(19) Any motor vehicle transferred without consideration to any South Dakota nonprofit
corporation organization that is exempt under § 501(c)(3) of the Internal Revenue Code
and that will donate the motor vehicle to a needy family or individual; and
(20) Any motor vehicle transferred without consideration to any South Dakota nonprofit
organization that is exempt under § 501 (c)(3) of the Internal Revenue Code and that sells
the motor vehicle within forty-five days of the transfer.
Signed February 23, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\160.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\161.wpd
CHAPTER 161
(HB 1098)
Motor vehicle exemption from the motor vehicle excise tax.
ENTITLED, An Act to revise certain provisions regarding the exemption of motor vehicles from the
motor vehicle excise tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5B-2 be amended to read:
32-5B-2. Motor vehicles exempted from the provisions of this chapter are as follows:
(1) Any motor vehicle exempted in § 32-5-1.3, 32-5-42, 32-5-42.1, or 32-5-42.2;
(2) Any motor vehicle acquired by inheritance from or bequest of a decedent;
(3) Any motor vehicle previously titled or licensed jointly in the names of two or more
persons and subsequently transferred without consideration to one or more of such
persons;
(4) Any motor vehicle transferred without consideration between spouses, between a parent
and child, and between siblings;
(5) Any motor vehicle transferred pursuant to any mergers or consolidations of corporations
or limited liability companies, or plans of reorganization by which substantially all of the
assets of a corporation or limited liability company are transferred if the motor vehicle
was previously titled, licensed, and registered in this state;
(6) Any motor vehicle transferred by a subsidiary corporation or limited liability company to
its parent corporation or limited liability company for no or nominal consideration or in
sole consideration of the cancellation or surrender of the subsidiary's stock if the motor
vehicle was previously titled, licensed, and registered in this state;
(7) Any motor vehicle transferred between an individual and a corporation if the individual
and the owner of the majority of the capital stock of the corporation are one and the same,
or any motor vehicle transferred between an individual and a limited liability company
if the individual and the majority member of the limited liability company are one and the
same, and if the motor vehicle was previously titled, licensed, and registered in this state;
(8) Any motor vehicle transferred between a corporation or limited liability company and its
stockholders, members, or creditors if to effectuate a dissolution of the corporation or
limited liability company it is necessary to transfer the title from the corporate entity or
limited liability company to the stockholders, members, or creditors and if the motor
vehicle was previously titled, licensed, and registered in this state;
(9) Any motor vehicle transferred between an individual and a limited or general partnership
if the individual and the owner of the majority interest in the partnership are one and the
same person and if the motor vehicle was previously titled, licensed, and registered in this
state;
(10) Any motor vehicle transferred to effect a sale of all or substantially all of the assets of the
business entity if the motor vehicle was previously titled, licensed, and registered in this
state;
(11) Any motor vehicle acquired by a secured party or lien holder in satisfaction of a debt;
(12) Any motor vehicle sold or transferred that is eleven or more model years old and that is
sold or transferred for two thousand two hundred two thousand five hundred dollars or
less before trade-in;
(13) Any damaged motor vehicle transferred to an insurance company in the settlement of an
insurance claim;
(14) Any motor vehicle owned by a former resident of this state who returns to the state and
who had previously paid vehicle excise tax to this state on the motor vehicle as evidenced
within the department's records or by submission of other acceptable proof of payment of
such tax;
(15) Any motor vehicle transferred between corporations, both subsidiary and nonsubsidiary,
if the individuals who hold a majority of stock in the first corporation also hold a majority
of stock in the second corporation; but these individuals need not hold the same ratio of
stock in both corporations and if the motor vehicle was previously titled, licensed, and
registered in this state;
(16) Any motor vehicle transferred between limited liability companies, both subsidiary and
nonsubsidiary, if the individuals who hold a majority interest in the first limited liability
company also hold a majority interest in the second limited liability company and if the
motor vehicle was previously titled, licensed, and registered in this state;
(17) Any motor vehicle transferred by a trustor to a trustee or from a trustee to a beneficiary
of a trust;
(18) Any motor vehicle rented for twenty-eight days or less is subject to the tax imposed by
§ 32-5B-20; and
(19) Any motor vehicle transferred without consideration to any South Dakota nonprofit
corporation that will donate the motor vehicle to a needy family or individual.
Signed February 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\161.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\162.wpd
CHAPTER 162
(HB 1121)
Classic motor vehicle dealer regulated.
ENTITLED, An Act to revise certain provisions concerning the regulation of vehicle dealers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-6B-17 be amended to read:
32-6B-17. If the applicant sets up a principal place of business in more than one county of this
state, the applicant shall secure a separate license for each county. However, a vehicle dealer or used
vehicle dealer who sells or displays, at a public auction on consignment, a vehicle that is twenty
model years or older or an emergency vehicle dealer is not required to secure a separate license for
each county if the licensee has otherwise complied with this chapter. No license for any additional
county may be issued until the department is furnished with proof that the applicant has a principal
place of business in such county and has otherwise complied with this chapter.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\162.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\163.wpd
CHAPTER 163
(HB 1188)
School bus exemption from commercial motor vehicle fees.
ENTITLED, An Act to exempt certain operations of school buses from commercial motor vehicle
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-9-3 be amended to read:
32-9-3. For the purposes of this chapter, the following do not come within the definition of
"motor carriers" or "commercial vehicles" if used in intrastate operations:
(1) A motor vehicle registered in South Dakota used to carry private business property of five
hundred pounds or less;
(2) A motor vehicle chassis registered in South Dakota on which is mounted a cornsheller,
grain cleaner, feed grinder, grain and alfalfa feed mixing machine, haystack mover,
sawmill, water well drilling equipment, power shovel, ditchdigger, mobile crane which
exceeds the maximum size or weight limits prescribed by chapter 32-22, drag line,
posthole auger, and which is not used for demonstration or display purposes outside the
limits of a municipality, or a truck tractor and trailer carrying permanently mounted hay
grinding equipment;
(3) Any motor vehicle registered in South Dakota used for the transportation of liquid or solid
livestock waste including trailers and equipment used to load liquid or solid livestock
waste and any vehicle registered in South Dakota used for the application, distribution,
spraying, or transportation from retail business to user of dry, liquid, or anhydrous
ammonia fertilizers or agricultural chemicals;
(4) A motor vehicle registered in South Dakota of less than thirty thousand pounds gross
weight owned by a merchant licensed under chapter 10-45 or the merchant's
commissioned paid employee and used to transport the merchant's previously sold
merchandise to a purchaser outside the limits of a municipality and to return exchanged
property or to transport fuels to a purchaser within a municipality or an unincorporated
town which is without such service;
(5) A motor vehicle registered in South Dakota, owned by a farmer of this state and used by
or for the farmer to transport property for the farmer's farming operation, to transport farm
property from farm to farm or from a community or market to the farm or from the farm
to a community or market, to transport livestock in a vehicle or combination of vehicles
registered at twenty-six thousand pounds or less without monetary compensation, or to
transport farm property when the vehicles are used as reimbursement in the ordinary
exchange of farm work;
(6) A motor vehicle registered in South Dakota operated by or for its owner and exclusively
used to transport products originating in or produced from logging or mining operations
or lumber milling waste products if such products are owned in fee by the motor vehicle
owner;
(7) Any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis
registered in South Dakota, which is used exclusively on the job site for the construction
of township roads, stock water dugouts, dams, farm and ranch irrigation systems, or other
soil and water conservation projects on farms and ranches, or for the construction or
maintenance of highways in the State of South Dakota. Prior to moving any such vehicle
or equipment between job sites or from job site to a central location, the owner shall
register the vehicle or equipment pursuant to § 32-9-58;
(8) A motor vehicle used principally for providing prearranged transportation of persons to
or from their place of employment and is operated by a person who does not drive the
vehicle for the person's principal occupation, but is driving it only to or from the person's
principal place of employment or for personal use as permitted by the owner of the
vehicle;
(9) A motor vehicle that is not for hire and is operated solely for educational purposes by a
student or an instructor as part of a heavy motor vehicle or heavy equipment operator's
course offered by a nonprofit postsecondary institution located in the state;
(10) A motor vehicle used for personal purposes and not operated for private business use;
(11) A motor vehicle used for recreational purposes and not operated for private business use;
(12) A motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis, registered
in South Dakota and used to move equipment involved in soil and water conservation
projects or township road work when operated between job sites or from a job site to a
central location or point of repair;
(13) Any motor vehicle used by an implement dealer to transport farm machinery to and from
a county fair or the state fair;
(14) A motor vehicle owned by a licensed motor vehicle dealer and used to transport inventory
replacement vehicles to the dealer's principal place of business. For the purpose of this
subdivision, motor vehicle does not include any motor vehicle which carries inventory
replacement vehicles entirely upon its own structure;
(15) A school bus registered in South Dakota operated under the provisions of § 32-32-13 and
in possession of a letter issued by the highway patrol for each event verifying the bus is
operated in compliance with § 32-32-13.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\163.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\164.wpd
CHAPTER 164
(HB 1230)
Animal-drawn vehicle operation.
ENTITLED, An Act to require lights on certain animal-drawn vehicles while operating on a
highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-17 be amended by adding a NEW SECTION to read:
Any animal-drawn vehicle operating on a highway during the period from a half hour after sunset
to a half hour before sunrise and at any other time when there is not sufficient light to render the
vehicle clearly discernible to any person on the highway at a distance of two hundred feet ahead,
shall be equipped with a flashing amber light that is visible from the front of the vehicle and a red
flashing light visible from the rear of the vehicle. The red flashing light shall have a minimum
diameter of four inches with at least three square inches of surface. A violation of this section is a
Class 2 misdemeanor.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\164.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\165.wpd
CHAPTER 165
(SB 33)
Driver license revocation for minors, clarified.
ENTITLED, An Act to revise certain provisions regarding chemical testing and revocations of driver
licenses for persons under the age of twenty-one.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-23-11.1 be amended to read:
32-23-11.1. A person's license to drive is not subject to revocation as provided in § 32-23-11 or
32-23-18 if that person pleads guilty to violating § 32-23-1, or if the charge of violating § 32-23-1
is dismissed by the state prior to the departmental hearing and the person is not convicted of a
violation of § 32-24-1 or 32-24-8, or, if a hearing is not requested, prior to a revocation order being
issued § 32-23-21 before a revocation order is issued.
Section 2. That § 32-23-18 be amended to read:
32-23-18. The Department of Public Safety shall revoke the license of any person arrested for
violating § 32-23-1 or 32-23-21, who refuses to submit to a chemical analysis as directed requested
by a law enforcement officer pursuant to § 32-23-10.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\165.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\166.wpd
CHAPTER 166
(SB 34)
Chemical testing for commercial motor vehicle drivers, revised.
ENTITLED, An Act to revise certain provisions regarding the chemical testing of commercial
drivers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12A-46 be amended to read:
32-12A-46. Any person who
holds or is required to hold a commercial learner's permit or
commercial driver license and operates any commercial
or noncommercial motor vehicle in this state
is considered to have given consent to the withdrawal of blood or other bodily substance to
determine the amount of alcohol in that person's blood, or to determine the presence of any
controlled drug or substance. The chemical analysis shall be administered at the direction of a law
enforcement officer who
, after stopping or detaining
the commercial motor vehicle driver any person
who holds or is required to hold a commercial learner's permit or commercial driver license, has
probable cause to believe that the
driver person was driving or in actual physical control of a
commercial
or noncommercial motor vehicle while having any alcohol or drugs in that person's
system. Any person requested by a law enforcement officer under this section to submit to a
chemical analysis shall be advised by the officer that:
(1) If the person refuses to submit to the chemical analysis, none shall be given; and
(2) If the person refuses to submit to the chemical analysis requested, the person shall be
immediately:
(a) Immediately placed out of service for a period of twenty-four hours, if operating
a commercial motor vehicle at the time of the refusal; and be disqualified
(b) Disqualified from operating a commercial motor vehicle for a period of not less
than one year; or
(3) If the person submits to a chemical analysis which discloses that the person was operating
the commercial motor vehicle while there was 0.04 percent or more by weight of alcohol
in that person's blood the person shall be disqualified from operating a commercial motor
vehicle for not less than one year.
Section 2. That § 32-12A-36 be amended to read:
32-12A-36. Any person is disqualified from driving a commercial motor vehicle for a period of
not less than one year:
(1) If convicted of a first violation of driving or being in actual physical control of a
commercial or noncommercial motor vehicle while under the influence of alcohol, or any
controlled drug or substance, in violation of § 32-23-1;
(2) If convicted of a first violation of driving or being in actual physical control of a
commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in that
person's blood as shown by chemical analysis of that person's breath, blood or other
bodily substance, in violation of § 32-12A-44;
(3) If convicted of a first violation of leaving the scene of an accident while operating a
commercial or noncommercial motor vehicle, in violation of § 32-34-5 or 32-34-6;
(4) If convicted of a first violation of using a commercial or noncommercial motor vehicle
in the commission of any felony other than a felony described in § 32-12A-38; or
(5) For refusing to submit to a chemical analysis for purposes of determining the amount of
alcohol in that person's blood while driving a commercial or noncommercial motor
vehicle in violation of § 32-23-11, 32-12A-43, or 32-12A-46;
(6) If convicted of a first violation of operating a commercial motor vehicle while the person's
commercial driver license is revoked, suspended, or canceled or the person is disqualified
from operating a commercial motor vehicle in violation of § 32-12A-8. The department
may not issue a new license until one year from the date the person would otherwise have
been entitled to apply for a new license; or
(7) If convicted of a first violation of causing a fatality through the negligent operation of a
commercial motor vehicle.
If any of these violations or refusal occurred while transporting hazardous material required to
be placarded, the person is disqualified for a period of not less than three years.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\166.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\167.wpd
CHAPTER 167
(HB 1091)
Digital network transportation company regulation.
ENTITLED, An Act to establish certain requirements regarding insurance for vehicles used to
provide rides for a transportation network company and to exempt vehicles used to provide these
rides from certain commercial licensing requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Digital network," any online-enabled application, software, website, or system offered
or utilized by a transportation network company that enables a prearranged ride with a
transportation network company driver;
(2) "Personal vehicle," a vehicle that is used by a transportation network company driver to
provide a prearranged ride and is owned, leased, or otherwise authorized for use by the
transportation network company driver. The term does not include any taxicab, limousine,
or for-hire vehicle;
(3) "Prearranged ride," the provision of transportation by a driver to a rider, beginning when
a driver accepts a rider's request for a ride through a digital network controlled by a
transportation network company, continuing while the driver transports a requesting rider,
and ending when the last requesting rider departs from the personal vehicle. The term
does not include transportation provided through a shared expense carpool or vanpool
arrangement or by using a taxicab, limousine, or other for-hire vehicle;
(4) "Transportation network company," a corporation, partnership, sole proprietorship, or
other entity that uses a digital network to connect transportation network company riders
to transportation network company drivers who provide prearranged rides and that does
not control, direct, or manage the personal vehicles or transportation network company
drivers that connect to its digital network, except where agreed to by written contract;
(5) "Transportation network company driver" or "driver," a person who receives connections
to potential riders and related services from a transportation network company in
exchange for payment of a fee to the transportation network company and who uses a
personal vehicle to provide a prearranged ride to riders upon connection through a digital
network controlled by a transportation network company in return for compensation or
payment of a fee;
(6) "Transportation network company rider" or "rider," a person who uses a transportation
network company's digital network to connect with a transportation network driver who
provides a prearranged ride to the person in the driver's personal vehicle between points
chosen by the person.
Section 2. That the code be amended by adding a NEW SECTION to read:
Before a transportation network company allows a person to act as a transportation network
company driver on the transportation network company's digital network, the transportation network
company shall require the person to submit to the transportation network company an application
that includes:
(1) The person's name, address, and age;
(2) A copy of the person's driver license;
(3) The registration for the personal vehicle that the person will use to provide prearranged
rides;
(4) Proof of financial responsibility for the personal vehicle of a type and in the amounts
required by the transportation network company; and
(5) Any other information required by the transportation network company.
Section 3. That the code be amended by adding a NEW SECTION to read:
Before a transportation network company allows a person to act as a driver on the transportation
network company digital network, the transportation network company shall conduct, or contract
with a third party to conduct:
(1) A local and national criminal background check;
(2) A search of the national sex offender registry; and
(3) Obtain a copy of the person's driving record maintained under § 32-12-61.
Section 4. That the code be amended by adding a NEW SECTION to read:
A transportation network company may not knowingly allow to act as a transportation network
company driver on the transportation network company's digital network a person:
(1) Who has received judgments for more than three moving traffic violations in the
preceding three years, or at least one violation involving reckless driving or driving on a
suspended or revoked license in the preceding three years;
(2) Who has been convicted in the preceding seven years of a felony;
(3) Who has been convicted in the preceding seven years of a misdemeanor involving:
(a) Resisting a law enforcement officer;
(b) Dishonesty;
(c) Injury to a person;
(d) Operating a motor vehicle while intoxicated;
(e) Operating a motor vehicle in a manner that endangers a person;
(f) Operating a motor vehicle with a suspended or revoked driver license; or
(g) Damage to the property of another person;
(4) Who is a match in the state or national sex offender registry; or
(5) Who is unable to provide information required under section 3 of this Act.
Section 5. That the code be amended by adding a NEW SECTION to read:
A transportation network company shall establish and enforce a zero tolerance policy for drug
and alcohol use by transportation network company drivers during any period when a transportation
network company driver is engaged in, or is logged into the transportation network company's digital
network but is not engaged in, a prearranged ride. The policy shall include provisions for:
(1) Investigations of alleged policy violations; and
(2) Suspensions of transportation network company drivers under investigation.
Section 6. That the code be amended by adding a NEW SECTION to read:
A transportation network company shall require that a personal vehicle used to provide any
prearranged ride shall comply with all applicable laws and rules concerning vehicle equipment.
Section 7. That the code be amended by adding a NEW SECTION to read:
A transportation network company driver or transportation network company on the driver's
behalf shall maintain primary motor vehicle insurance that recognizes that the driver is a
transportation network company driver or otherwise uses a vehicle to transport riders for
compensation and covers the driver while:
(1) The driver is logged on to the transportation network company's digital network; or
(2) The driver is engaged in a prearranged ride.
Section 8. That the code be amended by adding a NEW SECTION to read:
The following motor vehicle insurance requirements apply while a participating transportation
network company driver is logged on to the transportation network company's digital network and
is available to receive transportation requests but is not engaged in a prearranged ride:
(1) Primary motor vehicle liability insurance in the amount of at least fifty thousand dollars
for death and bodily injury per person, one hundred thousand dollars for death and bodily
injury per incident, and twenty-five thousand dollars for property damage;
(2) Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4; and
(3) The coverage requirements of subdivision (1) may be satisfied by motor vehicle insurance
maintained by the transportation network company driver, motor vehicle insurance
maintained by the transportation network company, or any combination of such insurance.
Section 9. That the code be amended by adding a NEW SECTION to read:
The following motor vehicle insurance requirements apply while a transportation network
company driver is engaged in a prearranged ride:
(1) Primary motor vehicle liability insurance that provides at least one million dollars for
death, bodily injury, and property damage;
(2) Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4; and
(3) The coverage requirements of subdivision (1) may be satisfied by motor vehicle insurance
maintained by the transportation network company driver, motor vehicle insurance
maintained by the transportation network company, or any combination of such insurance.
Section 10. That the code be amended by adding a NEW SECTION to read:
If the insurance maintained by the driver pursuant to section 8 or 9 of this Act has lapsed or does
not provide the required coverage, the insurance maintained by the transportation network company
shall provide the coverage required by those sections beginning with the first dollar of a claim and
has the duty to defend any claim.
Section 11. That the code be amended by adding a NEW SECTION to read:
Coverage under a motor vehicle insurance policy maintained by the transportation network
company may not be dependent on a personal motor vehicle insurer first denying a claim nor shall
a personal motor vehicle insurance policy be required to first deny a claim.
Section 12. That the code be amended by adding a NEW SECTION to read:
Any insurance required by sections 8 and 9 of this Act may be placed with an insurer licensed
under title 58, or with a surplus lines insurer eligible under title 58.
Section 13. That the code be amended by adding a NEW SECTION to read:
Any insurance satisfying the requirements of section 8 or 9 of this Act shall be deemed to satisfy
the financial responsibility requirement for a motor vehicle under § 32-35-113.
Section 14. That the code be amended by adding a NEW SECTION to read:
A transportation network company driver shall carry proof of coverage satisfying sections 8 and
9 of this Act at all times during the driver's use of a vehicle in connection with a transportation
network company's digital network. If there is an accident, a transportation network company driver
shall provide proof of insurance coverage information to the directly interested parties, motor vehicle
insurers, and investigating law enforcement officers, upon request. Upon such request, a
transportation network company driver shall also disclose to directly interested parties, motor vehicle
insurers, and investigating law enforcement officers, whether the driver was logged on to the
transportation network company's digital network or on a prearranged ride at the time of an accident.
Section 15. That the code be amended by adding a NEW SECTION to read:
The transportation network company shall disclose in writing to each transportation network
company driver the following before the driver is allowed to accept a request for a prearranged ride
on the transportation network company's digital network:
(1) The insurance coverage, including the types of coverage and the limits for each coverage,
that the transportation network company provides while the transportation network
company driver uses a personal vehicle in connection with a transportation network
company's digital network; and
(2) That the transportation network company driver's own motor vehicle insurance policy
might not provide any coverage while the driver is logged on to the transportation
network company's digital network and is available to receive transportation requests or
is engaged in a prearranged ride, depending on its terms.
Section 16. That the code be amended by adding a NEW SECTION to read:
Any insurer that writes motor vehicle insurance in this state may exclude any coverage afforded
under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs
while a driver is logged on to a transportation network company's digital network or while a driver
provides a prearranged ride. This right to exclude all coverage may apply to any coverage included
in a motor vehicle insurance policy including:
(1) Liability coverage for bodily injury and property damage;
(2) Personal injury protection coverage;
(3) Uninsured and underinsured motorist coverage;
(4) Medical payments coverage;
(5) Comprehensive physical damage coverage; and
(6) Collision physical damage coverage.
Section 17. That the code be amended by adding a NEW SECTION to read:
Any exclusions as allowed by section 16 of this Act applies notwithstanding any requirement
under chapter 32-35. Nothing in this Act implies or requires that a personal motor vehicle insurance
policy provide coverage while the driver is logged on to the transportation network company's digital
network, while the driver is engaged in a prearranged ride, or while the driver otherwise uses a
vehicle to transport riders for compensation.
Section 18. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act requires an insurer to use any particular policy language or reference to
section 16 of this Act in order to exclude any and all coverage for any loss or injury that occurs while
a driver is logged on to a transportation network company's digital network or while a driver
provides a prearranged ride.
Section 19. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act precludes an insurer from providing primary or excess coverage for the
transportation network company driver's vehicle, if it so chose to do so by contract or endorsement.
Section 20. That the code be amended by adding a NEW SECTION to read:
Any motor vehicle insurer that excludes the coverage described in section 8 or 9 of this Act has
no duty to defend or indemnify any claim expressly excluded by the policy. Nothing in this Act
invalidates or limits an exclusion contained in a policy including any policy in use or approved for
use in this state prior to the enactment of this Act that excludes coverage for vehicles used to carry
persons or property for a charge or available for hire by the public.
Section 21. That the code be amended by adding a NEW SECTION to read:
A motor vehicle insurer that defends or indemnifies a claim against a driver that is excluded
under the terms of the insurer's policy, shall have a right of contribution against other insurers that
provide motor vehicle insurance to the same driver in satisfaction of the coverage requirements of
sections 8 or 9 of this Act at the time of loss.
Section 22. That the code be amended by adding a NEW SECTION to read:
In a claims coverage investigation, transportation network companies shall immediately provide
upon request by directly involved parties or any insurer of the transportation network company driver
if applicable, the precise times that a transportation network company driver logged on and off of
the transportation network company's digital network in the twelve-hour period immediately
preceding and in the twelve-hour period immediately following the accident. Any insurer providing
coverage as set forth in sections 8 and 9 of this Act shall disclose upon request by any other such
insurer involved in the particular claim, the applicable coverages, exclusions, and limits provided
under any motor vehicle insurance maintained in order to satisfy the requirements of sections 8 and
9 of this Act.
Section 23. That § 32-9-3 be amended to read:
32-9-3. For the purposes of this chapter, the following do not come within the definition of
"motor carriers" or "commercial vehicles" if used in intrastate operations:
(1) A motor vehicle registered in South Dakota used to carry private business property of five
hundred pounds or less;
(2) A motor vehicle chassis registered in South Dakota on which is mounted a cornsheller,
grain cleaner, feed grinder, grain and alfalfa feed mixing machine, haystack mover,
sawmill, water well drilling equipment, power shovel, ditchdigger, mobile crane which
exceeds the maximum size or weight limits prescribed by chapter 32-22, drag line,
posthole auger, and which is not used for demonstration or display purposes outside the
limits of a municipality, or a truck tractor and trailer carrying permanently mounted hay
grinding equipment;
(3) Any motor vehicle registered in South Dakota used for the transportation of liquid or solid
livestock waste including trailers and equipment used to load liquid or solid livestock
waste and any vehicle registered in South Dakota used for the application, distribution,
spraying, or transportation from retail business to user of dry, liquid, or anhydrous
ammonia fertilizers or agricultural chemicals;
(4) A motor vehicle registered in South Dakota of less than thirty thousand pounds gross
weight owned by a merchant licensed under chapter 10-45 or the merchant's
commissioned paid employee and used to transport the merchant's previously sold
merchandise to a purchaser outside the limits of a municipality and to return exchanged
property or to transport fuels to a purchaser within a municipality or an unincorporated
town which is without such service;
(5) A motor vehicle registered in South Dakota, owned by a farmer of this state and used by
or for the farmer to transport property for the farmer's farming operation, to transport farm
property from farm to farm or from a community or market to the farm or from the farm
to a community or market, to transport livestock in a vehicle or combination of vehicles
registered at twenty-six thousand pounds or less without monetary compensation, or to
transport farm property when the vehicles are used as reimbursement in the ordinary
exchange of farm work;
(6) A motor vehicle registered in South Dakota operated by or for its owner and exclusively
used to transport products originating in or produced from logging or mining operations
or lumber milling waste products if such products are owned in fee by the motor vehicle
owner;
(7) Any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis
registered in South Dakota, which is used exclusively on the job site for the construction
of township roads, stock water dugouts, dams, farm and ranch irrigation systems, or other
soil and water conservation projects on farms and ranches, or for the construction or
maintenance of highways in the State of South Dakota. Prior to moving any such vehicle
or equipment between job sites or from job site to a central location, the owner shall
register the vehicle or equipment pursuant to § 32-9-58;
(8) A motor vehicle used principally for providing prearranged transportation of persons to
or from their place of employment and is operated by a person who does not drive the
vehicle for the person's principal occupation, but is driving it only to or from the person's
principal place of employment or for personal use as permitted by the owner of the
vehicle;
(9) A motor vehicle that is not for hire and is operated solely for educational purposes by a
student or an instructor as part of a heavy motor vehicle or heavy equipment operator's
course offered by a nonprofit postsecondary institution located in the state;
(10) A motor vehicle used for personal purposes and not operated for private business use;
(11) A motor vehicle used for recreational purposes and not operated for private business use;
(12) A motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis, registered
in South Dakota and used to move equipment involved in soil and water conservation
projects or township road work when operated between job sites or from a job site to a
central location or point of repair;
(13) Any motor vehicle used by an implement dealer to transport farm machinery to and from
a county fair or the state fair;
(14) A motor vehicle owned by a licensed motor vehicle dealer and used to transport inventory
replacement vehicles to the dealer's principal place of business. For the purpose of this
subdivision, motor vehicle does not include any motor vehicle which carries inventory
replacement vehicles entirely upon its own structure; and
(15) A motor vehicle used to provide any prearranged ride as defined by section 1 of this Act.
Section 24. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act may be construed to limit further regulation of a transportation network
company enacted by a municipality or county. However, no municipality or county may enact further
regulations relating to the insurance requirements provided in this Act.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\167.wpd
MILITARY AFFAIRS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\168.wpd
CHAPTER 168
(SB 114)
Appropriation to commission the USS South Dakota.
ENTITLED, An Act to make an appropriation for certain costs related to the commissioning of the
USS South Dakota 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 thousand
dollars ($100,000), or so much thereof as may be necessary, to the Department of the Military to
support activities related to the commissioning of the USS South Dakota-SSN 790, educate the
people of South Dakota about the nuclear-powered submarine, and sponsor visits of the submarine's
crew to South Dakota.
Section 2. The secretary of the Department of the Military 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 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\168.wpd
PUBLIC HEALTH AND SAFETY
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\169.wpd
CHAPTER 169
(HB 1028)
Department of Health statutory clean-up.
ENTITLED, An Act to repeal certain outdated and obsolete statutes related to the Department of
Health.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-43-2.1 be repealed.
Section 2. That § 1-43-2.2 be repealed.
Section 3. That § 1-43-2.3 be repealed.
Section 4. That § 1-43-2.4 be repealed.
Section 5. That § 1-43-2.5 be repealed.
Section 6. That § 1-43-2.6 be repealed.
Section 7. That § 1-43-2.7 be repealed.
Section 8. That § 1-43-2.8 be repealed.
Section 9. That § 1-43-2.9 be repealed.
Section 10. That § 1-43-2.10 be repealed.
Section 11. That § 1-43-2.11 be repealed.
Section 12. That § 1-43-3 be repealed.
Section 13. That § 34-1-19 be repealed.
Section 14. That § 34-18A-1 be repealed.
Section 15. That § 34-18A-2 be repealed.
Section 16. That § 34-18A-3 be repealed.
Section 17. That § 34-18A-4 be repealed.
Section 18. That § 34-18A-5 be repealed.
Section 19. That § 34-18A-6 be repealed.
Section 20. That § 34-18A-7 be repealed.
Section 21. That § 34-18A-8 be repealed.
Section 22. That § 34-18A-9 be repealed.
Section 23. That § 34-20B-93 be repealed.
Section 24. That § 34-20B-94 be repealed.
Section 25. That § 34-20B-95 be repealed.
Section 26. That § 34-20B-96 be repealed.
Section 27. That § 34-20B-97 be repealed.
Section 28. That § 34-20B-98 be repealed.
Section 29. That § 34-20B-99 be repealed.
Section 30. That § 34-20B-101 be repealed.
Section 31. That § 34-20B-102 be repealed.
Section 32. That § 34-20B-110 be repealed.
Section 33. That § 34-24-26 be repealed.
Signed February 8, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\169.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\170.wpd
CHAPTER 170
(SB 27)
Ambulance service requirements revised.
ENTITLED, An Act to revise certain personnel requirements for ambulance services and to repeal
the hardship exemption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-11 be amended by adding a NEW SECTION to read:
The minimum personnel required on each ambulance run includes:
(1) One emergency medical technician certified by the Department of Health or an advanced
life support personnel licensed pursuant to chapter 36-4B; and
(2) One driver who meets the requirements established by the Department of Health pursuant
to rules promulgated pursuant to § 34-11-5.
Section 2. That § 34-11-5 be amended to read:
34-11-5. The Department of Health may adopt rules, pursuant to chapter 1-26, relating to the
operation of ambulance services including patient care, personnel, medical and maintenance
equipment, sanitary conditions, and necessary supplies. Each operator shall comply with all rules
established pursuant to this section by the licensing agency unless exempted due to extreme hardship
as determined by departmental rule.
Section 3. That ARSD 44:05:02:03 be repealed.
Section 4. That ARSD 44:05:02:03.01 be repealed.
Section 5. That ARSD 44:05:02:03.02 be repealed.
Section 6. That ARSD 44:05:03:04 be repealed.
Signed February 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\170.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\171.wpd
CHAPTER 171
(HB 1026)
Annual inspection of licensed health care facilities.
ENTITLED, An Act to revise certain provisions regarding the annual inspection requirement for
licensed health care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-12-16 be amended to read:
34-12-16. Any building, institution, or establishment for which a license is issued under this
chapter shall be inspected at least annually by a duly appointed representative of the State by the
Department of Health under rules established by the department pursuant to § 34-12-13 in
compliance with chapter 1-26. The provisions of this section do not apply to a licensed hospital or
licensed chemical dependency treatment facility surveyed and accredited under the standards of the
accreditation program of the joint commission on accreditation of health care organizations that
submits to the State Department of Health department, within a reasonable time, copies of its
currently valid accreditation certificate and accreditation letter, together with accompanying
recommendations and comments and any further recommendations, progress reports, and
correspondence directly related to the accreditation. However, the State Department of Health
department may inspect all licensed hospitals or licensed chemical dependency treatment facilities
to determine compliance with rules promulgated pursuant to subdivisions 34-12-13(1), (2), and (3).
The
State Department of Health department retains the right of access to all hospital or licensed
chemical dependency treatment facility premises and to relevant records to investigate complaints
or to follow through on corrective measures related to deficiencies identified by the joint commission
survey process which are in conflict with state law or
regulations promulgated thereunder rule. If,
prior to an inspection, the operator refuses to allow the inspection, no inspection
shall may be made.
If, during the course of the inspection, the operator refuses to allow the inspection to continue, the
inspection shall cease. In such cases, the department may immediately initiate revocation
proceedings pursuant to chapter 1-26 against the operator's license.
Signed February 8, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\171.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\172.wpd
CHAPTER 172
(SB 148)
Additional nursing facility beds
for the Michael J. Fitzmaurice Veterans Home.
ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice
Veterans Home and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 34-12-35.4, the Department of Veterans Affairs may
increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total
number of beds the nursing facility may operate may not exceed seventy-six.
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 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\172.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\173.wpd
CHAPTER 173
(SB 138)
Construction of a nursing home facility in Rosebud, South Dakota.
ENTITLED, An Act to authorize the construction of a nursing home facility in Rosebud, South
Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of §§ 34-12-39.2 and 34-12-35.4, a new nursing facility may be
constructed on the Rosebud Indian Reservation for replacement of the nursing facility currently
located in White River, South Dakota. The nursing facility shall meet the specifications of this
chapter for a licensed nursing facility in order to participate in the medicaid program. The number
of beds in the replacement nursing facility may not exceed fifty-two.
Section 2.This Act is repealed on June 30, 2021.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\173.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\174.wpd
CHAPTER 174
(HB 1079)
Possession of an opioid antagonist permitted.
ENTITLED, An Act to permit the prescription and possession of an opioid antagonist in certain
instances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
A person who is a family member, friend, or other close third party to a person at risk for an
opioid-related drug overdose may be prescribed, possess, distribute, or administer an opioid
antagonist that is prescribed, dispensed, or distributed by a licensed health care professional directly
or by standing order pursuant to this Act.
Section 2. That the code be amended by adding a NEW SECTION to read:
A licensed health care professional may, directly or by standing order, prescribe an opioid
antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family
member, friend, or other close third party person the health care practitioner reasonably believes to
be in a position to assist a person at risk of experiencing an opioid-related overdose.
Section 3. That the code be amended by adding a NEW SECTION to read:
A health care professional who is authorized to prescribe or dispense an opioid antagonist is not
subject to any disciplinary action or civil or criminal liability for the prescribing or dispensing of an
opioid antagonist to a person whom the health care professional reasonably believes may be in a
position to assist or administer the opioid antagonist to a person at risk for an opioid-related drug
overdose.
Section 4. That the code be amended by adding a NEW SECTION to read:
For the purpose of this Act, any prescription issued pursuant to this Act is deemed to be issued
for a legitimate medical purpose in the usual course of professional practice.
Section 5. That the code be amended by adding a NEW SECTION to read:
The provisions of this Act do not establish a duty or standard of care with respect to the decision
of whether to prescribe, dispense, or administer an opioid antagonist.
Signed March 16, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\174.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\175.wpd
CHAPTER 175
(HB 1025)
Controlled substances schedule revised.
ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare
an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-20B-4.1 be amended to read:
34-20B-4.1. An anabolic steroid is any drug or hormonal substance, chemically and
pharmacologically related to testosterone, other than estrogens, progestins, and corticosteroids, that
promotes muscle growth and includes:
(1) Androstanediol:
(a) 3.,17.-dihydroxy-5a-androstane;
(b) 3.,17.-dihydroxy-5a-androstane;
(2) Androstanedione (5.-androstan-3,17-dione);
(3) Androstenediol:
(a) 1-androstenediol (3.,17.-dihydroxy-5.- androst-1-ene);
(b) 1-androstenediol (3.,17.-dihydroxy-5.- androst-1-ene);
(c) 4-androstenediol (3.,17.-dihydroxy-androst-4-ene);
(d) 5-androstenediol (3.,17.-dihydroxy-androst-5-ene);
(4) Androstenedione:
(a) 1-androstenedione ([5.]-androst-1-en-3,17-dione);
(b) 4-androstenedione (androst-4-en-3,17-dione);
(c) 5-androstenedione (androst-5-en-3,17-dione);
(5) Bolasterone (7.,17.-dimethyl- 17.-hydroxyandrost-4-en-3-one);
(6) Boldenone (17.-hydroxyandrost-1,4,-diene-3-one);
(7) Calusterone (7.,17.-dimethyl- 17.-hydroxyandrost-4-en-3-one);
(8) Clostebol (4-chloro-17.-hydroxyandrost-4-en-3-one);
(9) Dehydrochloromethyltestosterone (4-chloro-17.-hydroxy-17.-methyl-androst-1,4- dien-3-one);
(10) .1-dihydrotestosterone (a.k.a. '1-testosterone') (17.-hydroxy-5.-androst-1-en- 3-one);
(11) 4-dihydrotestosterone (17.-hydroxy-androstan-3-one);
(12) Drostanolone (17.-hydroxy-2.-methyl -5.-androstan-3-one);
(13) Ethylestrenol (17.-ethyl-17.-hydroxyestr-4-ene);
(14) Fluoxymesterone (9-fluoro-17.-methyl -11.,17.-dihydroxyandrost-4-en-3-one);
(15) Formebolone (2-formyl-17.-methyl- 11.,17.-dihydroxyandrost-1,4-dien-3-one);
(16) Furazabol (17.-methyl-17.-hydroxyandrostano[2,3-c]- furazan);
(17) 13.-ethyl-17.-hydroxygon-4-en-3-one;
(18) 4-hydroxytestosterone (4,17.-dihydroxy-androst-4-en-3-one);
(19) 4-hydroxy-19-nortestosterone (4,17.-dihydroxy-estr-4-en-3-one);
(20) Mestanolone (17.-methyl-17.-hydroxy- 5.-androstan-3-one);
(21) Mesterolone (1.-methyl-17.-hydroxy- [5.]-androstan-3-one);
(22) Methandienone (17.-methyl-17.-hydroxyandrost-1,4-dien- 3-one);
(23) Methandriol (17.-methyl-3.,17.- dihydroxyandrost-5-ene);
(24) Methenolone (1-methyl-17.-hydroxy-5.-androst-1-en-3- one);
(25) 17.-methyl- 3.,17.-dihydroxy-5a-androstane;
(26) 17.-methyl- 3.,17.-dihydroxy-5a-androstane;
(27) 17.-methyl- 3.,17.-dihydroxyandrost-4-ene;
(28) 17.-methyl-4-hydroxynandrolone (17.-methyl-4-hydroxy- 17.-hydroxyestr-4- en-3-one);
(29) Methyldienolone (17.-methyl-17.-hydroxyestra-4,9(10)- dien-3-one);
(30) Methyltrienolone (17.-methyl-17.-hydroxyestra-4,9-11- trien-3-one);
(31) Methyltestosterone (17.-methyl-17. -hydroxyandrost-4-en-3-one);
(32) Mibolerone (7.,17.-dimethyl-17.- hydroxyestr-4-en-3-one);
(33) 17.-methyl-.1- dihydrotestosterone (17b.-hydroxy-17.-methyl-5.-androst- 1-en-3-one)
(also known as 17-.-methyl-1-testosterone);
(34) Nandrolone (17.-hydroxyestr-4-en-3-one);
(35) Norandrostenediol:
(a) 19-nor-4-androstenediol (3.,17.-dihydroxyestr-4-ene);
(b) 19-nor-4-androstenediol (3.,17.-dihydroxyestr-4-ene);
(c) 19-nor-5-androstenediol (3.,17.-dihydroxyestr-5-ene);
(d) 19-nor-5-androstenediol (3.,17.-dihydroxyestr-5-ene);
(36) Norandrostenedione:
(a) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(b) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(37) Norbolethone (13.,17.-diethyl-17. -hydroxygon-4-en-3-one);
(38) Norclostebol (4-chloro-17.-hydroxyestr-4-en-3-one);
(39) Norethandrolone (17.-ethyl-17.-hydroxyestr-4-en-3-one);
(40) Normethandrolone (17.-methyl-17.-hydroxyestr-4-en-3-one);
(41) Oxandrolone (17.-methyl-17.-hydroxy -2-oxa-[5.]-androstan-3-one);
(42) Oxymesterone (17.-methyl-4,17.-dihydroxyandrost-4-en- 3-one);
(43) Oxymetholone (17.-methyl-2-hydroxymethylene-17.-hydroxy-[5.]-androstan- 3-one);
(44) Stanozolol (17.-methyl-17.-hydroxy-[5.]- androst-2-eno[3,2-c]-pyrazole);
(45) Stenbolone (17.-hydroxy-2-methyl-[5.]-androst-1-en-3-one);
(46) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(47) Testosterone (17.-hydroxyandrost-4-en-3-one);
(48) Tetrahydrogestrinone (13.,17.-diethyl-17.- hydroxygon-4,9,11-trien-3-one);
(49) Trenbolone (17.-hydroxyestr-4,9,11-trien-3-one);
(50) Boldione (androsta-1,4-diene-3,17-dione);
(51) Desoxymethyltestosterone (17.-methyl-5.-androst-2-en-17.-ol) (also known as madol);
(52) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
(53) Prostanozol (17.-hydroxy-5.-androstano[3,2-c]pyrazole);
(54) Methasterone (2.,17.-dimethyl-5.- androstan-17.-ol-3-one); and
(55) 5a-Androstan-3,6,17-trione;
(56) 6-bromo-androstan-3,17-dione;
(57) 6-bromo-androsta-1,4-diene-3,17-dione;
(58) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;
(59) 4-chloro-17a-methyl-androst-4-ene-3b,17b-diol;
(60) 4-chloro-17a-methyl-17b-hydroxy-androst-4-en-3-one;
(61) 4-chloro-17a-methyl-17b-hydroxy-androst-4-ene-3,11-dione;
(62) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;
(63) 2a,17a-dimethyl-17b-hydroxy-5a-androstan-3-one;
(64) 2a,17a-dimethyl-17b-hydroxy-5b-androstan-3-one;
(65) 2a,3a-epithio-17a-methyl-5a-androstan-17b-ol;
(66) [3,2-c]-furazan-5a-androstan-17b-ol;
(67) 3b-hydroxy-estra-4,9,11-trien-17-one;
(68) 17a-methyl-androst-2-ene-3,17b-diol;
(69) 17a-methyl-androsta-1,4-diene-3,17b-diol;
(70) Estra-4,9,11-triene-3,17-dione;
(71) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;
(72) 6a-Methyl-androst-4-ene-3,17-dione;
(73) 17a-Methyl-androstan-3-hydroxyimine-17b-ol;
(74) 17a-Methyl-5a-androstan-17b-ol;
(75) 17b-Hydroxy-androstano[2,3-d]isoxazole;
(76) 17b-Hydroxy-androstano[3,2-c]isoxazole;
(77) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-c]pyrazole-5a-androstan-17b-ol;
(78) [3,2-c]pyrazole-androst-4-en-17b-ol;
(79) [3,2-c]pyrazole-5a-androstan-17b-ol; and
(80) Any salt, ester, or ether of a drug or substance described or listed in this section, if that
salt, ester, or ether promotes muscle growth.
The term, anabolic steroid, as defined in this section, does not include an anabolic steroid which
is expressly intended for administration through implants to cattle or other nonhuman species.
However, if any person prescribes, dispenses, or distributes such a steroid for human use, the person
shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the
meaning of this section.
Section 2. That § 34-20B-13 be amended to read:
34-20B-13. Any of the following opium derivatives, 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) Acetylcodone;
(2) Benzylmorphine;
(3) Codeine methylbromide;
(4) Codeine-N-Oxide;
(5) Desomorphine;
(6) Drotebanol;
(7) Heroin;
(8) Hydromorphinol;
(9) Methydesorphine;
(10) Methylhydromorphine;
(11) Morphine methylbromide;
(12) Morphine methylsulfonate;
(13) Morphine-N-Oxide;
(14) Myrophine;
(15) Nicocodeine;
(16) Nicomorphine;
(17) Normorphine;
(18) Thebacon;
(19) 3-Methylfentanyl;
(20) Fentanyl analogs, except those which are specifically listed in other schedules including
acetyl fentanyl, N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide;
(21) 1-Methyl-4-phenyl-4-propionoxypiperidine; and
(22) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine.
Section 3. That § 34-20B-16 be amended to read:
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, and naloxegol;
(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; and
(19) Tapentadol; and
(20) Ioflupane.
Section 4. That § 34-20B-25 be amended to read:
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;
(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; and
(51) Eluxadoline,(5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid)
including its optical isomers and its salts, isomers, and salts of isomers.
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 February 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\175.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\176.wpd
CHAPTER 176
(HB 1157)
Additional information to be provided
before performing an abortion.
ENTITLED, An Act to require that a doctor provide a woman additional information as a part of
informed consent prior to performing an abortion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-23A-10.1 be amended to read:
34-23A-10.1. No abortion may be performed unless the physician first obtains a voluntary and
informed written consent of the pregnant woman upon whom the physician intends to perform the
abortion, unless the physician determines that obtaining an informed consent is impossible due to
a medical emergency and further determines that delaying in performing the procedure until an
informed consent can be obtained from the pregnant woman or her next of kin in accordance with
chapter 34-12C is impossible due to the medical emergency, which determinations shall then be
documented in the medical records of the patient. A consent to an abortion is not voluntary and
informed, unless, in addition to any other information that must be disclosed under the common law
doctrine, the physician provides that pregnant woman with the following information:
(1) A statement in writing providing the following information:
(a) The name of the physician who will perform the abortion;
(b) That the abortion will terminate the life of a whole, separate, unique, living human
being;
(c) That the pregnant woman has an existing relationship with that unborn human
being and that the relationship enjoys protection under the United States
Constitution and under the laws of South Dakota;
(d) That by having an abortion, her existing relationship and her existing constitutional
rights with regards to that relationship will be terminated;
(e) A description of all known medical risks of the procedure and statistically
significant risk factors to which the pregnant woman would be subjected,
including:
(i) Depression and related psychological distress;
(ii) Increased risk of suicide ideation and suicide;
(iii) A statement setting forth an accurate rate of deaths due to abortions,
including all deaths in which the abortion procedure was a substantial
contributing factor;
(iv) All other known medical risks to the physical health of the woman,
including the risk of infection, hemorrhage, danger to subsequent
pregnancies, and infertility;
(f) The probable gestational age of the unborn child at the time the abortion is to be
performed, and a scientifically accurate statement describing the development of
the unborn child at that age; and
(g) The statistically significant medical risks associated with carrying her child to term
compared to undergoing an induced abortion;
(h) That even after a pregnant mother takes Mifepristone it is still possible to
discontinue a drug-induced abortion by not taking the prescribed Misoprostol; and
(i) That information on discontinuing a drug-induced abortion is available on the
Department of Health website.
The disclosures set forth above shall be provided to the pregnant woman in writing and
in person no later than two hours before the procedure is to be performed. The physician
shall ensure that the pregnant woman signs each page of the written disclosure with the
certification that she has read and understands all of the disclosures, prior to the patient
signing a consent for the procedure. If the pregnant woman asks for a clarification or
explanation of any particular disclosure, or asks any other question about a matter of
significance to her, the explanation or answer shall be made in writing and be given to the
pregnant woman before signing a consent for the procedure and shall be made part of the
permanent medical record of the patient;
(2) A statement by telephone or in person, by the physician who is to perform the abortion,
or by the referring physician, or by an agent of both, at least twenty-four hours before the
abortion, providing the following information:
(a) That medical assistance benefits may be available for prenatal care, childbirth, and
neonatal care;
(b) That the father of the unborn child is legally responsible to provide financial
support for her child following birth, and that this legal obligation of the father
exists in all instances, even in instances in which the father has offered to pay for
the abortion;
(c) The name, address, and telephone number of a pregnancy help center in reasonable
proximity of the abortion facility where the abortion will be performed; and
(d) That she has a right to review all of the material and information described in § 34-23A-1, §§ 34-23A-1.2 to 34-23A-1.7, inclusive, § 34-23A-10.1, and § 34-23A-10.3, as well as the printed materials described in § 34-23A-10.3, and the website
described in § 34-23A-10.4. The physician or the physician's agent shall inform the
pregnant woman, orally or in writing, that the materials have been provided by the
State of South Dakota at no charge to the pregnant woman. If the pregnant woman
indicates, at any time, that she wants to review any of the materials described, such
disclosures shall be either given to her at least twenty-four hours before the
abortion or mailed to her at least seventy-two hours before the abortion by certified
mail, restricted delivery to addressee, which means the postal employee can only
deliver the mail to the addressee;
(3) A written statement that sex-selective abortions are illegal in the State of South Dakota
and that a pregnant mother cannot have an abortion, either solely or partly, due to the
unborn child's sex, regardless of whether that unborn child is a girl or a boy or whether
it is of the pregnant mother's free will or the result of the use of pressure and coercion.
Prior to the pregnant woman signing a consent to the abortion, she shall sign a written statement
that indicates that the requirements of this section have been complied with. Prior to the performance
of the abortion, the physician who is to perform the abortion shall receive a copy of the written
disclosure documents required by this section, and shall certify in writing that all of the information
described in those subdivisions has been provided to the pregnant woman, that the physician is, to
the best of his or her ability, satisfied that the pregnant woman has read the materials which are
required to be disclosed, and that the physician believes she understands the information imparted.
Section 2. That § 34-23A-10.4 be amended to read:
34-23A-10.4. The Department of Health shall, by January 1, 2004, develop and maintain a
multi-media website that contains web pages covering each of the following topics:
(1) Embryonic and fetal development at various gestational stages;
(a) Anatomical and physiological characteristics; and
(b) Survival possibilities of the unborn child;
(2) Abortion methods commonly used for each trimester of pregnancy;
(3) Statistically significant abortion method risks, including infection, hemorrhage, danger
to subsequent pregnancies, and infertility;
(4) Important pre-abortion procedures;
(a) Confirmation of pregnancy via sonogram; and
(b) Counseling and discussion of medical history to detect possible abortion risks;
(5) Post-abortion psychological and emotional complications;
(6) Parental notification as required by 34-23A-7;
(7) Assistance, benefits, and services:
(a) Names and contact information of public and private agencies; and
(b) Types and availability of public medical benefits and services;
(8) Responsibility of the father of the unborn child;
(9) Statistically significant pregnancy risks;
(10) Adoption options:
(a) Names and contact information of public and private agencies; and
(b) Description of services;
(11) Information on discontinuing a drug-induced abortion.
The state shall collect and maintain web statistics regarding the website developed and
maintained pursuant to this section. However, no personal information may be collected.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\176.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\177.wpd
CHAPTER 177
(SB 24)
Sale of fetal body parts made a felony.
ENTITLED, An Act to prohibit the sale of fetal body parts and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-23A-17 be amended to read:
34-23A-17. An Any tissue, organ, or body part of an unborn or newborn child who has been
subject to an induced abortion, other than an abortion necessary to prevent the death of the mother
or any tissue or organ thereof, may not be used in animal or human research or for animal or human
transplantation. This section may not be construed to preclude Nothing in this section precludes any
therapy intended to directly benefit the unborn or newborn child who has been subject to the
abortion. This section does not prohibit the use for human transplantation of an unborn child or any
tissue or organ thereof if removed in the course of removal of an ectopic or a molar pregnancy. Any
person who knowingly and for consideration provides, acquires, receives, or otherwise transfers any
fetal tissue, organ, or body part in violation of this section is guilty of a Class 6 felony.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\177.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\178.wpd
CHAPTER 178
(HB 1123)
Department of Health to include information
regarding inspections of abortion facilities.
ENTITLED, An Act to require the Department of Health to include certain information regarding
the inspection of an abortion facility on the department's website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Department of Health shall include information regarding each inspection of an abortion
facility on the department's public website no later than forty-five days after the inspection. The
information posted on the website must include the date and the result of each inspection. If the
result of the inspection requires an abortion provider to take corrective action, the information must
include the details of the required corrective action.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\178.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\179.wpd
CHAPTER 179
(HB 1212)
Pregnancy help center licensure revisions.
ENTITLED, An Act to revise requirements related to pregnancy help centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-23A-58.1 be amended to read:
34-23A-58.1. On or before January 2, 2013, each pregnancy help center which has been placed
on the registry of pregnancy help centers maintained by the Department of Health before January 1,
2012, as a condition to remain on the state registry of pregnancy help centers, shall submit a
supplemental affidavit that certifies that:
(1) It has available either on staff, or pursuant to a collaborative agreement, a licensed
counselor, or licensed psychologist, or licensed certified social worker, or licensed social
worker, or licensed nurse, or licensed marriage and family therapist, or licensed physician,
to provide the counseling related to the assessment for coercion and the associated
imparting of information described in §§ 34-23A-53 to 34-23A-62 34-23A-59.2,
inclusive; and
(2) It shall strictly adhere to the confidentiality requirements set forth in §§ 34-23A-53 to
34-23A-62 34-23A-59.2, inclusive.
Section 2. That § 34-23A-59.1 be amended to read:
34-23A-59.1. Any pregnancy help center listed on the Department of Health registry of
pregnancy help centers prior to January 1, 2012, shall, beginning on January 1, 2013, have available
either on staff or pursuant to a collaborative agreement, a licensed counselor, or licensed
psychologist, or licensed certified social worker, or licensed social worker, or licensed nurse, or
licensed marriage and family therapist, or a licensed physician to meet privately with the pregnant
mother to provide the counseling and meeting required by §§ 34-23A-53 to 34-23A-61 34-23A-59.2,
inclusive. Any pregnancy help center placed on the state registry on or after January 1, 2012, shall
have one or more such licensed professionals available on staff or pursuant to collaborative
agreement for such purposes beginning on January 1, 2012.
Section 3. That § 34-23A-59 be amended to read:
34-23A-59. A pregnancy help center consultation required by §§ 34-23A-53 to 34-23A-61 34-23A-59.2, inclusive, shall be implemented as follows:
(1) The pregnancy help center shall be permitted to interview the pregnant mother to
determine whether the pregnant mother has been subject to any coercion to have an
abortion, or is being pressured into having an abortion, and shall be permitted to inform
the pregnant mother in writing or orally, or both, what counseling, education, and
assistance that is available to the pregnant mother to help her maintain her relationship
with her unborn child and help her care for the child both through the pregnancy help
center or any other organization, faith-based program, or governmental program. The
pregnancy help center may, if it deems it appropriate, discuss matters pertaining to
adoption;
(2) During the consultation interviews provided for by §§ 34-23A-53 to 34-23A-62 34-23A-59.2, inclusive, no pregnancy help center, its agents or employees, may discuss with any
pregnant mother religion or religious beliefs, either of the mother or the counselor, unless
the pregnant mother consents in writing;
(3) The pregnancy help center is under no obligation to communicate with the abortion
provider in any way, and is under no obligation to submit any written or other form of
confirmation that the pregnant mother consulted with the pregnancy help center. The
pregnancy help center may voluntarily provide a written statement of assessment to the
abortion provider, whose name the woman shall give to the pregnancy help center, if the
pregnancy help center obtains information that indicates that the pregnant mother has
been subjected to coercion or that her decision to consider an abortion is otherwise not
voluntary or not informed. The physician shall make the physician's own independent
determination whether or not a pregnant mother's consent to have an abortion is voluntary,
uncoerced, and informed before having the pregnant mother sign a consent to an abortion.
The physician shall review and consider any information provided by the pregnancy help
center as one source of information, which in no way binds the physician, who shall make
an independent determination consistent with the provisions of §§ 34-23A-53 to 34-23A-62 34-23A-59.2, inclusive, the common law requirements, and accepted medical
standards;
(4) Any written statement or summary of assessment prepared by the pregnancy help center
as a result of counseling of a pregnant mother as a result of the procedures created by
§§ 34-23A-53 to
34-23A-62 34-23A-59.2, inclusive, may be forwarded by the pregnancy
help center, in its discretion, to the abortion physician. If forwarded to the physician, the
written statement or summary of assessment shall be maintained as a permanent part of
the pregnant mother's medical records. Other than forwarding such documents to the
abortion physician, no information obtained by the pregnancy help center from the
pregnant mother may be released, without the written signed consent of the pregnant
mother or unless the release is in accordance with federal, state, or local law;
(5) Commencing on September 1, 2016, the counseling authorized pursuant to this section
shall be conducted in accordance with the Uniform Policy and Procedures Guidelines
developed and promulgated by the South Dakota Association of Registered Pregnancy
Help Centers and adopted in 2015.
Nothing in §§ 34-23A-53 to
34-23A-62 34-23A-59.2, inclusive, may be construed to impose any
duties or liability upon a pregnancy help center.
However, the failure of a pregnancy help center to
comply with the conditions of this Act for being authorized to provide the pregnancy help center
counseling, if uncorrected, may result in the Department of Health removing the pregnancy help
center from the state's registry of pregnancy help centers.
Section 4. That § 34-23A-10.1 be amended to read:
34-23A-10.1. No abortion may be performed unless the physician first obtains a voluntary and
informed written consent of the pregnant woman upon whom the physician intends to perform the
abortion, unless the physician determines that obtaining an informed consent is impossible due to
a medical emergency and further determines that delaying in performing the procedure until an
informed consent can be obtained from the pregnant woman or her next of kin in accordance with
chapter 34-12C is impossible due to the medical emergency, which determinations shall then be
documented in the medical records of the patient. A consent to an abortion is not voluntary and
informed, unless, in addition to any other information that must be disclosed under the common law
doctrine, the physician provides that pregnant woman with the following information:
(1) A statement in writing providing the following information:
(a) The name of the physician who will perform the abortion;
(b) That the abortion will terminate the life of a whole, separate, unique, living human
being;
(c) That the pregnant woman has an existing relationship with that unborn human
being and that the relationship enjoys protection under the United States
Constitution and under the laws of South Dakota;
(d) That by having an abortion, her existing relationship and her existing constitutional
rights with regards to that relationship will be terminated;
(e) A description of all known medical risks of the procedure and statistically
significant risk factors to which the pregnant woman would be subjected,
including:
(i) Depression and related psychological distress;
(ii) Increased risk of suicide ideation and suicide;
(iii) A statement setting forth an accurate rate of deaths due to abortions,
including all deaths in which the abortion procedure was a substantial
contributing factor;
(iv) All other known medical risks to the physical health of the woman,
including the risk of infection, hemorrhage, danger to subsequent
pregnancies, and infertility;
(f) The probable gestational age of the unborn child at the time the abortion is to be
performed, and a scientifically accurate statement describing the development of
the unborn child at that age; and
(g) The statistically significant medical risks associated with carrying her child to term
compared to undergoing an induced abortion.
The disclosures set forth above shall be provided to the pregnant woman in writing and
in person no later than two hours before the procedure is to be performed in full
compliance with § 34-23A-56. The physician shall ensure that the pregnant woman signs
each page of the written disclosure with the certification that she has read and understands
all of the disclosures, prior to the patient signing a consent for the procedure. If the
pregnant woman asks for a clarification or explanation of any particular disclosure, or
asks any other question about a matter of significance to her, the explanation or answer
shall be made in writing and be given to the pregnant woman before signing a consent for
the procedure and shall be made part of the permanent medical record of the patient;
(2) A statement by telephone or in person, by the physician who is to perform the abortion,
or by the referring physician, or by an agent of both, at least twenty-four hours before the
abortion, providing the following information:
(a) That medical assistance benefits may be available for prenatal care, childbirth, and
neonatal care;
(b) That the father of the unborn child is legally responsible to provide financial
support for her child following birth, and that this legal obligation of the father
exists in all instances, even in instances in which the father has offered to pay for
the abortion;
(c) The name, address, and telephone number of a pregnancy help center in reasonable
proximity of the abortion facility where the abortion will be performed; and
(d) That she has a right to review all of the material and information described in § 34-23A-1, §§ 34-23A-1.2 to 34-23A-1.7, inclusive, § 34-23A-10.1, and § 34-23A-10.3, as well as the printed materials described in § 34-23A-10.3, and the website
described in § 34-23A-10.4. The physician or the physician's agent shall inform the
pregnant woman, orally or in writing, that the materials have been provided by the
State of South Dakota at no charge to the pregnant woman. If the pregnant woman
indicates, at any time, that she wants to review any of the materials described, such
disclosures shall be either given to her at least twenty-four hours before the
abortion or mailed to her at least seventy-two hours before the abortion by certified
mail, restricted delivery to addressee, which means the postal employee can only
deliver the mail to the addressee;
(3) A written statement that sex-selective abortions are illegal in the State of South Dakota
and that a pregnant mother cannot have an abortion, either solely or partly, due to the
unborn child's sex, regardless of whether that unborn child is a girl or a boy or whether
it is of the pregnant mother's free will or the result of the use of pressure and coercion.
Prior to the pregnant woman signing a consent to the abortion, she shall sign a written statement
that indicates that the requirements of this section have been complied with. Prior to the performance
of the abortion, the physician who is to perform the abortion shall receive a copy of the written
disclosure documents required by this section, and shall certify in writing that all of the information
described in those subdivisions has been provided to the pregnant woman, that the physician is, to
the best of his or her ability, satisfied that the pregnant woman has read the materials which are
required to be disclosed, and that the physician believes she understands the information imparted.
Section 5. That § 34-23A-20 be amended to read:
34-23A-20. If a part of this chapter is invalid, all valid parts that are severable from the invalid
part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part
remains in effect in all valid applications that are severable from the invalid applications. If any part
or provision of this chapter is determined to be invalid, or is preliminarily enjoined, all other parts
not determined to be invalid or enjoined are severable from the invalid parts and remain in effect.
If any part or provision of this chapter is determined to be invalid, or is preliminarily enjoined in one
or more of its applications, all other parts or provisions not determined to be invalid or preliminarily
enjoined are severable from the invalid or preliminarily enjoined application and remain in effect.
Section 6. That § 34-23A-66 be repealed.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\179.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\180.wpd
CHAPTER 180
(SB 72)
Late term abortion prohibited.
ENTITLED, An Act to prohibit the abortion of an unborn child who is capable of experiencing pain
and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that:
(1) The state has a compelling state interest in protecting the lives of unborn children from
the stage at which substantial medical evidence indicates that they are capable of feeling
pain;
(2) There is substantial medical evidence that an unborn child is capable of experiencing pain
by twenty weeks after fertilization.
Section 2. That chapter 34-23A be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Post-fertilization age," the age of an unborn child as calculated from fertilization;
(2) "Probable post-fertilization age of the unborn child," what, in reasonable medical
judgment, will with reasonable probability be the post-fertilization age of the unborn child
at the time the abortion is planned to be performed or induced;
(3) "Reasonable medical judgment," a medical judgment that would be made by a reasonably
prudent physician, knowledgeable about the case and the treatment possibilities with
respect to the medical conditions involved;
(4) "Woman," a female human being whether or not she has reached the age of majority.
Section 3. That chapter 34-23A be amended by adding a NEW SECTION to read:
It is a Class 1 misdemeanor to intentionally or recklessly perform, or attempt to perform, an
abortion of an unborn child capable of feeling pain unless it is a medical emergency. No penalty may
be assessed against the woman upon whom the abortion is performed, or attempted to be performed.
Section 4. That chapter 34-23A be amended by adding a NEW SECTION to read:
For purposes of this Act, an unborn child is capable of feeling pain when the physician
performing, or attempting to perform, the abortion or another physician upon whose determination
that physician relies, determines that the probable post-fertilization age of the unborn child is twenty
or more weeks.
In determining the post-fertilization age of the unborn child, the physician shall make inquiries
of the pregnant woman and perform medical examinations and tests that a reasonably prudent
physician would perform to accurately diagnose the post-fertilization age of an unborn child.
Section 5. That chapter 34-23A be amended by adding a NEW SECTION to read:
No medical emergency may form the basis for an exception to section 3 if it is based on a claim
or diagnosis that the pregnant mother will engage in conduct which she intends to result in her death
or other self harm.
Section 6. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as
follows:
When an abortion of an unborn child capable of feeling pain is necessary due to a medical
emergency, the physician shall deliver the child in the manner which, in reasonable medical
judgment, provides the best opportunity for the unborn child to survive, but only if it is consistent
with preserving the pregnant mother's life and preventing an irreversible impairment of a major
bodily function of the pregnant woman.
Section 7. That § 34-23A-34 be amended to read as follows:
34-23A-34. The Department of Health shall prepare a reporting form for physicians which shall
provide for the collection of the following information:
(1) The month, day, and year of the induced abortion;
(2) The method of abortion used for each induced abortion;
(3) The approximate gestational age, in weeks, of the unborn child involved in the abortion;
(4) The age of the mother at the time of the abortion and, if the mother was younger than
sixteen years of age at the time the child was conceived, the age of the father, if known;
(5) The specific reason for the induced abortion, including the following:
(a) The pregnancy was a result of rape;
(b) The pregnancy was a result of incest;
(c) The mother could not afford the child;
(d) The mother did not desire to have the child;
(e) The mother's emotional health was at risk;
(f) The mother would suffer substantial and irreversible impairment of a major bodily
function if the pregnancy continued;
(g) Other, which shall be specified;
(6) Whether the induced abortion was paid for by:
(a) Private insurance;
(b) Public health plan;
(c) Other, which shall be specified;
(7) Whether coverage was under:
(a) A-fee-for-service insurance company;
(b) A managed care company; or
(c) Other, which shall be specified;
(8) A description of the complications, if any, for each abortion and for the aftermath of each
abortion;
(9) The fee collected for performing or treating the abortion;
(10) The type of anesthetic, if any, used for each induced abortion;
(11) The method used to dispose of fetal tissue and remains;
(12) The specialty area of the physician;
(13) Whether the physician performing the induced abortion has been subject to license
revocation or suspension or other professional sanction;
(14) The number of previous abortions the mother has had;
(15) The number of previous live births of the mother, including both living and deceased;
(16) The date last normal menses began for the mother;
(17) The name of physician performing the induced abortion;
(18) The name of hospital or physician office where the induced abortion was performed;
(19) A unique patient number that can be used to link the report to medical report for
inspection, clarification, and correction purposes but that cannot, of itself, reasonably lead
to the identification of any person obtaining an abortion;
(20) Certain demographic information including:
(a) State, county, and city of occurrence of abortion;
(b) State, county, and city of residence of mother;
(c) Marital status of mother;
(d) Education status of mother;
(e) Race and hispanic origin of mother;
(21) Certain Rhesus factor (Rh) information including:
(a) Whether the mother received the Rh test;
(b) Whether the mother tested positive for the Rh-negative factor;
(c) Whether the mother received a Rho(D) immune globulin injection; and
(22) The sex of the unborn child and the following information:
(a) Whether the pregnant mother used a sex-determining test;
(b) What type of sex-determining test the pregnant mother used; and
(c) The approximate gestational age of the unborn child, in weeks, when the test was
taken;
(23) The post-fertilization age of the unborn child and the following information:
(a) How the post-fertilization age was determined or if a determination was not made,
the basis of the determination that an exception existed;
(b) Whether an intra-fetal injection was used in an attempt to induce fetal demise;
(c) If the unborn child was deemed capable of experiencing pain, pursuant to section
4 of this Act, the basis of the determination that it is a medical emergency;
(d) If the unborn child was deemed capable of experiencing pain pursuant to section
4 of this Act, whether the method of the abortion used was that, in reasonable
medical judgment, provided the best opportunity for the unborn child to survive
and, if such a method was not used, the basis of the determination that termination
of the pregnancy in that manner would pose a greater risk either of the death of the
pregnant woman or of the substantial and irreversible physical impairment of a
major bodily function, not including a psychological or emotional condition, of the
woman than other available methods.
Section 8. That chapter 34-23A be amended by adding a NEW SECTION to read:
Nothing in this Act repeals, by implication or otherwise, any provision not explicitly repealed.
Section 9. That § 34-23A-4 be amended to read:
34-23A-4. An abortion may be performed following the twelfth week of pregnancy and through
the twenty-fourth through the twenty-second week of pregnancy by a physician only in a hospital
licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this
state, or any department, agency, or political subdivision of either or in the case of hospital facilities
not being available, in the licensed physician's medical clinic or office of practice subject to the
requirements of § 34-23A-6.
Section 10. That § 34-23A-5 be amended to read:
34-23A-5. An abortion may be performed following the twenty-fourth twenty-second week of
pregnancy by a physician only in a hospital authorized under § 34-23A-4 and only if there is
appropriate and reasonable medical judgment that performance of an abortion is necessary to
preserve the life or health of the mother in the case of a medical emergency.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\180.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\181.wpd
CHAPTER 181
(HB 1030)
Fire safety codes updated.
ENTITLED, An Act to revise certain codes and standards regarding fire prevention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-25-15 be amended to read:
13-25-15. For new construction after July 1, 2010 2016, any rules adopted by the department
Department of Public Safety shall use as a basis for their development the International Building
Code, the International Fire Code, and the International Mechanical Code, 2009 2015 editions, and
referenced standards which may be modified, amended, or deleted if the secretary finds that strict
application of the code is impractical and, furthermore, that the modification is in conformity with
the intent and purpose of the code or standards.
Section 2. That § 34-29B-2 be amended to read:
34-29B-2. The State Fire Marshal shall establish a program of fire prevention, fire investigation,
fire training, and public fire education. The secretary of public safety may promulgate rules, pursuant
to chapter 1-26, to protect the health or safety of persons from fire and like emergencies, based on
codes and standards set forth by the International Building Code, the International Fire Code, and
the International Mechanical Code, 2009 2015 editions, and referenced standards except such
portions as are deleted, modified, or amended, unless the secretary finds that the strict application
of the code is impractical and that the modification is in conformity with the intent and purpose of
the code or standards. The rules may be adopted in the following areas:
(1) The prevention of fires including:
(a) Fire safety regulations governing buildings used by the general public with the
exception of health care facilities inspected by the Department of Health;
(b) Fire safety regulations governing lodging and eating establishments;
(c) Fire safety regulations governing multifamily residences housing six or more
families. However, if a municipality has adopted regulations regarding multifamily
residences that are in conformity with this chapter, they those regulations are the
applicable regulations;
(d) Fire safety regulations governing publicly owned buildings;
(e) Fire safety regulations governing detention or correctional facilities, regardless of
ownership; and
(f) Fire safety regulations governing day care facilities;
(2) The manufacture, transportation, storage, sale, and use of combustible or flammable
liquids or liquefied petroleum gases;
(3) The means and adequacy of exit in case of fire;
(4) The investigation of the cause, origin, and circumstances of fires and explosions;
(5) The maintenance of fire cause and loss records;
(6) The maintenance of a record of fire prevention inspections;
(7) A program of fire service training and public fire education;
(8) The review and approval of plans and specifications to determine compliance with
applicable fire codes and statutes as it pertains to facilities dealing with combustible or
flammable liquids and or liquid petroleum gases; and
(9) The abatement of unsafe buildings or structures regulated by this chapter which constitute
a hazard to safety, health, or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster, or abandonment.
Section 3. That § 34-38-26 be amended to read:
34-38-26. Except as otherwise provided in this chapter, aboveground storage tanks shall comply
with the applicable provisions of chapter 34 57 of the International Fire Code, 2009 2015 edition.
Section 4. That § 34-38-29 be amended to read:
34-38-29. Spill control shall be provided in accordance with chapter 34 57 of the International
Fire Code, 2009 2015 edition.
Section 5. That § 34-38-33 be amended to read:
34-38-33. Any portion of a tank piping system that is in contact with the soil shall be protected
from corrosion in accordance with chapter 34 57 of the International Fire Code, 2009 2015 edition.
Section 6. That § 34-38-34 be amended to read:
34-38-34. Delivery operations shall comply with applicable requirements of chapter 34 57 of the
International Fire Code, 2009 2015 edition. Dispensing operations shall comply with the provisions
of chapter 34 57 of the International Fire Code, 2009 2015 edition.
The delivery vehicle shall be separated from any aboveground tank by at least twenty-five feet.
Means shall be provided for determining the liquid level in each tank and this means shall be
accessible to the delivery operator. Provisions shall be made either to automatically stop the delivery
of fuel to the tank if the liquid level in the tank reaches ninety-five percent
of capacity or to sound
an audible alarm if the liquid level in the tank reaches ninety percent capacity.
A check valve, gate valve with quick-connect coupling, or a dry-break valve shall be installed
in the piping at the point where connection and disconnection is made for delivery from a vehicle
to any aboveground tank. This device shall be protected against tampering and physical damage.
If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped
with a tight-fill device for connecting the hose to the tank.
Section 7. That § 34-38-35 be amended to read:
34-38-35. For the purpose of implementing this chapter, the department may promulgate rules,
pursuant to chapter 1-26, to protect the health and safety of persons from fire, explosion and like
emergencies based on codes and standards set forth by the International Building Code, the
International Fire Code, and the International Mechanical Code, 2009 2015 editions, and referenced
standards except such portions as are deleted, modified, or amended.
Section 8. That § 34-38-38 be amended to read:
34-38-38. The provisions of this chapter apply to facilities constructed after July 1, 2010 2016.
Existing installations shall be permitted only if, in the opinion of local and state authorities, the
existing installation does not constitute a distinct hazard to life or property.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\181.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\182.wpd
CHAPTER 182
(HB 1020)
Forest fire prevention and control, updated.
ENTITLED, An Act to revise certain provisions concerning fire prevention and compacts related to
the prevention and control of forest fires.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-35-12.1 be amended to read:
34-35-12.1. Any person who negligently causes a fire to be started or who does not take
reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the
person's control is liable for all fire suppression and extinguishment costs that were caused by the
fire and that are collectable by the secretary of agriculture or his designee under §§ 41-20-4 and 41-20-8 §§ 41-20A-6 and 41-20A-10. For purposes of this section, the term, person, includes public
utilities, railroads, and private utilities.
Section 2. That § 41-20A-10 be amended to read:
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; any ministry of a Canadian province; 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 3. That § 34-35-20 be amended to read:
34-35-20. The Governor of South Dakota may execute a compact on behalf of the state with any
one or more states who may by their legislative bodies, authorize a compact, in form substantially
as follows:
ARTICLE I
The purpose of this compact is to promote effective prevention and control of forest fires in the
great plains region of the United States by the maintenance of adequate forest fire fighting services
by the member states, and by providing for reciprocal aid in fighting forest fires among the
compacting states of the region
, including South Dakota, North Dakota, Wyoming, Colorado and
any adjoining state of a current member state.
Subject to the consent of the Congress of the United
States, any province of Canada which is contiguous to a compact member state may become a party
to this compact by taking such action as its laws and the laws of Canada prescribe for ratification.
The term, state, in this compact includes within its meaning the term, province, and the procedures
prescribed shall be applied to a province, in accordance with the forms and practices of the Canadian
government.
ARTICLE II
This compact is operative immediately as to those states ratifying it if any two or more of the
member states have ratified it.
ARTICLE III
In each state, the state forester or officer holding the equivalent position who is responsible for
forest fire control may act as compact administrator for that state and may consult with like officials
of the other member states and may implement cooperation between the states in forest fire
prevention and control. The compact administrators of the member states may organize to coordinate
the services of the member states and provide administrative integration in carrying out the purposes
of this compact. Each member state may formulate and put in effect a forest fire plan for that state.
ARTICLE IV
If the state forest fire control agency of a member state requests aid from the state forest fire
control agency of any other member state in combating, controlling, or preventing forest fires, the
state forest fire control agency of that state may render all possible aid to the requesting agency,
consonant with the maintenance of protection at home.
ARTICLE V
If the forces of any member state are rendering outside aid pursuant to the request of another
member state under this compact, the employees of the state shall, under the direction of the officers
of the state to which they are rendering aid, have the same powers (except the power of arrest),
duties, rights, privileges, and immunities as comparable employees of the state to which they are
rendering aid.
No member state or its officers or employees rendering outside aid pursuant to this compact is
liable on account of any act or omission on the part of such forces while so engaged, or on account
of the maintenance or use of any equipment or supplies in connection with rendering the outside aid.
All liability, except as otherwise provided in this compact, that may arise either under the laws
of the requesting state or under the laws of the aiding state or under the laws of a third state on
account of or in connection with a request for aid, shall be assumed and borne by the requesting
state.
Any member state rendering outside aid pursuant to this compact shall be reimbursed by the
member state receiving the aid for any loss or damage to, or expense incurred in the operation of any
equipment answering a request for aid, and for the cost of all materials, transportation, wages,
salaries, and maintenance of employees and equipment incurred in connection with such request.
However, nothing in this compact prevents any assisting member state from assuming such loss,
damage, expense, or other cost or from loaning such equipment or from donating such services to
the receiving member state without charge or cost.
Each member state shall assure that workers compensation benefits in conformity with the
minimum legal requirements of the state are available to all employees and contract firefighters sent
to a requesting state pursuant to this compact.
For the purposes of this compact the term, employee, includes any volunteer or auxiliary legally
included within the forest fire fighting forces of the aiding state under the laws of the aiding state.
The compact administrators may formulate procedures for claims and reimbursement under the
provisions of this article, in accordance with the laws of the member states.
ARTICLE VI
Ratification of this compact does not affect any existing statute so as to authorize or permit
curtailment or diminution of the forest fighting forces, equipment, services, or facilities of any
member state.
Nothing in the compact authorizes or permits any member state to curtail or diminish its forest
fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate
forest fire fighting forces and equipment to meet demands for forest fire protection within its borders
in the same manner and to the same extent as if this compact were not operative.
Nothing in this compact limits or restricts the powers of any state ratifying the compact to
provide for the prevention, control, and extinguishment of forest fires, or to prohibit the enactment
or enforcement of state laws, rules, or regulations intended to aid in the prevention, control, and
extinguishment in the state.
Nothing in this compact affects any existing or future cooperative relationship or arrangement
between the United States Forest Service and a member state or states.
ARTICLE VII
Representatives of the United States Forest Service may attend meetings of the compact
administrators.
ARTICLE VIII
The provisions of Articles IV and V of this compact that relate to reciprocal aid in combating,
controlling, or preventing forest fires are operative as between any state party to this compact and
any other state which is party to this compact and any other state that is party to a regional forest fire
protection compact in another region if the Legislature of the other state has given its assent to the
mutual aid provisions of this compact.
ARTICLE IX
This compact shall continue in force and remain binding on each state ratifying it until the
Legislature or the Governor of the state takes action to withdraw from the compact. Such action is
not effective until six months after notice of the withdrawal has been sent by the chief executive of
the state desiring to withdraw to the chief executives of all states then parties to the compact.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\182.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\183.wpd
CHAPTER 183
(HB 1031)
Weights and measures regulatory authority updated.
ENTITLED, An Act to revise certain provisions pertaining to weights and measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-39-6 be amended to read:
34-39-6. All liquid gas meters shall be of a positive displacement type equipped with vapor
separator or provided with such other equipment which will positively eliminate all air and vapor
from passing through the meter with the liquid gas, and differential pressure regulator and such
meters. A liquid gas meter, except a meter dispensing at a rate of twenty gallons per minute or less,
shall be corrected, prior to use, to sixty degrees Fahrenheit liquid gas temperature and all deliveries
of liquid gas through such meters the meter shall, at the time and place of such delivery, be
temperature corrected from sixty degrees Fahrenheit to the temperature of the liquid gas at the time
and place of delivery and the customer billed accordingly. It is a Class 1 misdemeanor to make
wholesale or retail sales to customers from any bulk delivery vehicle unless such the bulk delivery
vehicle is equipped with and dispenses said the liquid petroleum gas through a liquid gas meter as
herein provided. Liquid meters shall not. No liquid gas meter may be equipped with a bypass around
said the liquid gas meter; provided, however, that. However, the prohibition of a bypass is not
intended to prohibit the use of an equalization line.
Section 2. That § 34-39-2 be amended to read:
34-39-2. It is a Class 2 misdemeanor to sell or offer for sale, either at wholesale or retail, any
liquefied petroleum gas, either in liquid or vapor form, except by weights and measures that are
approved by the Division of Commercial Inspection and Licensing department.
Section 3. That § 34-39-3 be amended to read:
34-39-3. The Department of Public Safety department may test all weighing and measuring
devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form,
and shall condemn or reject for repair, any device which is found either to be inaccurate or does not
clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds,
gallons, cubic feet, or other unit approved by the department.
The department shall charge and collect a
sixty-eight dollar fee for each test.
From July 1, 2007,
through June 30, 2008, the fee is thirty-six dollars. From July 1, 2008, through June 30, 2009, the
fee is fifty-two dollars. On July 1, 2009, and thereafter, the fee is sixty-eight dollars. Revenue from
the fee shall be deposited into the state general fund.
Any inspector employed by the department may enter and examine any liquefied petroleum gas
plant for safety standard purposes no more than every two years, except for any reinspection resulting
from a deficiency. The department shall charge and collect a
ninety-four dollar fee for each
inspection.
From July 1, 2007, through June 30, 2008, the fee is fifty-eight dollars. From July 1,
2008, through June 30, 2009, the fee is seventy-six dollars. On July 1, 2009, and thereafter, the fee
is ninety-four dollars.
For the purposes of this section, a liquefied petroleum gas plant is a retail distribution facility
with a capacity of at least eight thousand gallons.
Revenue from the fees imposed by this section shall be deposited into the general fund. It is the
intent of the Legislature that one-half of the inspection program funding may be derived from the
general fund and the other half from the fees collected pursuant to this section and §§ 37-21-9.1, 37-21A-3, 37-21A-7, and 37-22-10, through the General Appropriations Act.
Section 4. That § 34-39-3.1 be amended to read:
34-39-3.1. The Division of Commercial Inspection and Licensing of the Department of Public
Safety department shall perform the functions previously performed by the state inspector and sealer
of weights and measures pursuant to required by this chapter.
Section 5. That § 34-39-4 be amended to read:
34-39-4. The Division of Commercial Inspection and Licensing department shall conspicuously
mark all condemned or rejected for repair devices. It is a Class 2 misdemeanor to remove or deface
such a the mark except upon authorization of the division department.
Section 6. That § 34-39-5 be amended to read:
34-39-5. It is a Class 1 misdemeanor to use a weighing or measuring device for determining
quantities of liquefied petroleum gas, either in liquid or vapor form, which has been condemned by
the Division of Commercial Inspection and Licensing department.
Section 7. That § 34-39-7 be amended to read:
34-39-7. The Division of Commercial Inspection and Licensing is hereby authorized to secretary
may promulgate and adopt, in compliance with rules, pursuant to chapter 1-26, such rules and
regulations and to establish tolerances within a maximum of two percent plus or minus, which may
be necessary for the enforcement of §§ 34-39-1 to 34-39-6, inclusive.
Section 8. That § 37-2-5 be amended to read:
37-2-5. Terms used throughout §§ 37-2-5 to 37-2-24, inclusive, in this chapter mean:
(1) "Alcohol," a colorless volatile flammable liquid containing no more than 1.25 percent of
water used for the purpose of blending or mixing with gasoline for use in motor vehicles
and commonly known as alcohol, ethanol, or methanol;
(2) "ASTM," the American Society for Testing and Materials;
(3) "Aviation gasoline," a volatile hydrocarbon fuel free from suspended water and sediment
matter and that is suitable for use as a fuel in an aviation spark ignition internal
combustion engine designed for use in an aircraft;
(3A) "Biodiesel," a fuel comprised of mono-alkyl esters of long chain fatty acids derived from
vegetable oils or animal fats, designated B100, and meeting the requirements of the
American Society of Testing and Materials D 6751 as of January 1, 2005 2015, and is
registered with the United States Environmental Protection Agency as a fuel and fuel
additive under section 211(b) of the Clean Air Act in effect on January 1, 2006;
(3B) "Biodiesel blend," a special blended fuel comprised of at least two percent by volume of
biodiesel blended with petroleum-based diesel fuel, designated BXX. In the abbreviation
BXX, the XX represents the volume percentage of biodiesel fuel in the blend;
(4) "Department," the Department of Public Safety;
(5) "Diesel fuel," a refined middle distillate hydrocarbon fuel free from suspended water and
sediment matter that is suitable for use as a fuel in a compression-ignition (diesel) internal
combustion engine;
(5A) "Ether," methyl tertiary butyl ether;
(6) "Flash test" and "flash point," the flash point as determined by the method of the
American Society for Testing Materials, using the instrument known as the Tagliabue
closed cup tester;
(7) "Gasoline," a volatile hydrocarbon fuel free from suspended water and sediment matter
that is practicable and suitable used as fuel in a spark ignition internal combustion engine;
(8) "Inspector," the secretary of the Department of Public Safety or any deputy or assistant
appointed by the secretary for the purpose of enforcing the provisions of this chapter;
(9) "Kerosene," a hydrocarbon fuel intended for use in heating and illumination and having
an American Petroleum Institute gravity of not less than forty degrees. Kerosene shall also
include coal oil and burner oil;
(9A) "NIST," the National Institute of Standards and Technology;
(10) "Petroleum products," gasoline, alcohol blended fuels, kerosene, diesel fuel, aviation
gasoline, burner oil, naphtha and lubricating oils;
(11) "Secretary," the secretary of the Department of Public Safety.
Section 9. That § 37-2-6 be amended to read:
37-2-6. The secretary of the Department of Public Safety may, pursuant to chapter 1-26, and in
general conformity with ASTM and NIST standards in effect on January 1, 2005 2015, promulgate
rules:
(1) Establishing standards for the maximum volume percentages of ethanol, methanol, ether,
and cosolvents in alcohol blended fuels;
(2) Establishing a program for and prescribing the methods to be used for the inspection and
testing of alcohol blended fuels, petroleum products, biodiesel, and biodiesel blends;
(3) Requiring labeling of devices dispensing alcohol blended fuels, biodiesel, and biodiesel
blends;
(4) Establishing standards setting the specifications and tolerance requirements for petroleum
products, biodiesel, and biodiesel blends; and
(5) Regulating the filtering system to be used on devices dispensing alcohol blended fuels.
Section 10. That § 37-2-7 be amended to read:
37-2-7. Specifications and methods for the examination and test of petroleum products shall be
determined by the Division of Legal and Regulatory Services department and shall be based upon
standards from the American Society for Testing and Materials ASTM and the National Institute for
Standards and Technology NIST as of January 1, 2005 2015. If promulgated as rules of the division
department in accordance with the provisions of chapter 1-26, the specifications shall be the
specifications for such petroleum products sold in this state and official tests of the petroleum
products shall be based upon test specifications so determined, adopted, and promulgated.
Section 11. That § 37-2-8 be amended to read:
37-2-8. The director of the State Health Laboratory, or other Any qualified laboratory, shall may
make an analysis as may be requested by the secretary of the Department of Public Safety.
Distillation tests shall be made in accordance with pursuant to the methods for the tests adopted by
the American Society for Testing and Materials ASTM.
Section 12. That § 37-2-9 be amended to read:
37-2-9. The inspector shall is not be required to make a thorough analysis of all petroleum
products to ascertain every each form of impurity, but may do so whenever, in his opinion, it may
be necessary; and, if upon such. However, if the inspector performs an analysis it is demonstrated
that demonstrates the requirements of this chapter are not met or that there exists therein some an
impurity or imperfection not specified in this chapter which renders such a petroleum products
product unsuitable, it shall be his duty to reject the same the inspector may reject the petroleum
product.
Section 13. That § 37-2-11 be amended to read:
37-2-11. No person shall may display any sign, label, or other designating mark which describes
any lubricating oil or gasoline for internal combustion engines not actually sold or offered for sale
or delivered at the location at which the sign, label, or other designating mark is displayed, or. No
person may display any label upon any container which label names or describes any lubricating oil
or gasoline for internal combustion engines not actually contained therein in the container, but
offered for sale or sold as such lubricating oil or gasoline. This section does not apply to any person
utilizing a sign in a decorative manner. No place of business may use a decorative sign in a manner
that misleads a consumer as to the products sold at that location.
Section 14. That § 37-2-24 be amended to read:
37-2-24. The expense of all inspections, collections, and refunds in connection with the safety
and taxation of all petroleum products shall be paid out of from the collection of taxes or licenses
therefrom by the state treasurer, upon bills, vouchers, and payrolls approved by the Division of
Commercial Inspection and Licensing department and the commissioner of finance and management.
The allocation of funds from the net collections of taxes and licenses on all petroleum products
shall be made by the state treasurer
in the manner and in the amounts prescribed by pursuant to law.
Section 15. That § 37-2-44 be amended to read:
37-2-44. In general conformity with ASTM D4814 and the adoption of NIST Handbook 130,
2005 2015, in rules promulgated pursuant to this chapter, the minimum (R+M)/2 octane rating
grades of petroleum products, as defined by subdivision 37-2-5(10) in the counties of Butte, Custer,
Fall River, Harding, Lawrence, Meade, Oglala Lakota, Pennington, and Perkins shall be no less than
the following:
(1) Regular, unleaded, regular unleaded 85;
(2) Midgrade, plus, or super unleaded 87, 88, 89, or 90; and
(3) Premium, supreme, high test unleaded 91.
Section 16. That § 37-20-2 be amended to read:
37-20-2. The secretary of the Department of Public Safety shall take charge of the standards
adopted by this chapter as the reference standards of the state, keep the and take necessary
precautions for the safekeeping of the standards. The standards shall be kept in a fireproof building
belonging to controlled by the state from which they the standards may not be removed except for
repairs, and take all other necessary precautions for their safekeeping or calibrations. The secretary
shall maintain the state reference standards in good order. The secretary shall keep a complete record
of the standards, balances, and other apparatus belonging to the state. The state reference standards
shall may only be used only for testing any duplicate standards that may be required in the
enforcement of chapters 37-20 to 37-22, inclusive.
Section 17. That § 37-20-3 be amended to read:
37-20-3. In addition to the state reference standards of weights and measures provided for by law,
the state shall supply at least one complete set of duplicate standards, which shall be kept at all times
in the Division of Commercial Inspection and Licensing and department. The duplicate standard
shall be known as the working standards; and such. The other weights, measures, and apparatus
which are necessary to carry out the provisions of chapters 37-20 to 37-22, inclusive, to shall be
known as field standards.
Section 18. That § 37-20-5 be amended to read:
37-20-5. The working standards shall be used in making all comparisons of weights and
measures and weighing and measuring devices submitted for testing in the Division of Commercial
Inspection and Licensing department.
Section 19. That § 37-20-34 be amended to read:
37-20-34. The secretary of the Department of Public Safety may promulgate rules, pursuant to
chapter 1-26, for the enforcement of the provisions of chapter 37-20 in the following areas:
(1) Tolerances, specifications, and requirements for testing standards to be used in South
Dakota; and
(2) Required compliance with standards issued by the National Institute of Standards and
Technology in effect January 1,
2005 2015.
Section 20. That § 37-21-1 be amended to read:
37-21-1. The Division of Commercial Inspection and Licensing department shall have and keep
a general supervision of the weights, measures, and weighing or measuring devices offered for sale,
sold, or in use in the state.
Section 21. That § 37-21-1.1 be repealed.
Section 22. That § 37-21-2 be amended to read:
37-21-2. The secretary of the Department of Public Safety hereby made is the ex officio inspector
and sealer of weights and measures and is hereby charged with the duty of carrying into force and
effect shall enforce the provisions of chapters 37-20 and 37-21.
The deputies, assistants, and inspectors, A deputy, assistant, or inspector appointed
for the
purpose or entrusted with such duties by the secretary
, shall have has the same powers and duties
as
are provided
for such director to the secretary when acting in performance of duties assigned
to them
by him by the secretary under the provisions of this chapter.
Section 23. That § 37-21-6 be amended to read:
37-21-6. Regulations pursuant to § 37-21-5 may include specifications and tolerances for any
weight, measure, or weighing or measuring device of the character of those specified in § 37-21-9.
The rules shall prohibit the use of any weight, measure, or weighing or measuring device which is
not accurate, which is of such construction that it is not reasonably permanent in its adjustment,
which will not repeat its indications correctly, or which facilitates the perpetration of fraud. Such The
specifications and tolerances shall be in conformity with the code of specifications, tolerances, and
regulations for commercial weighing and measuring devices issued and recommended by the
National Institute of Standards and Technology of the United States Department of Commerce and
in effect on January 1, 2005 2015.
Section 24. That § 37-21-9 be amended to read:
37-21-9. When not otherwise provided for by law, the director of commercial inspection and
licensing secretary shall have the power, and it shall be his duty to inspect, test, try, and ascertain if
they are correct, that all weights, measures, and weighing and measuring devices kept, offered, or
exposed for sale, sold or used or employed by any proprietor, agent, lessee, or employee person in
proving or ascertaining the size, quantity, extent, area, or measurement of quantities, things, produce,
or articles of distribution or consumption purchased or offered or submitted by such person or
persons for sale, hire, or award are correct.
Section 25. That § 37-21-9.1 be amended to read:
37-21-9.1. The Division of Commercial Inspection and Licensing department shall charge and
collect a fee of twenty-eight dollars for each inspection and testing of any weight, measure, and
weighing and measuring device up to one thousand pounds. From July 1, 2007, through June 30,
2008, the fee is sixteen dollars. From July 1, 2008, through June 30, 2009, the fee is twenty-two
dollars. On July 1, 2009, and thereafter, the fee is twenty-eight dollars. The fee shall be paid upon
demand of the division department by the person, firm, or corporation owning or operating the
weight, measure, or weighing or measuring device inspected or tested. A fee of fourteen dollars shall
be charged and collected for each inspection and testing of gasoline and diesel stationary fuel pump
meters. From July 1, 2007, through June 30, 2008, the fee is eight dollars. From July 1, 2008,
through June 30, 2009, the fee is eleven dollars. On July 1, 2009, and thereafter, the fee is fourteen
dollars. A fee of forty-six dollars shall be charged and collected for each inspection and testing of
gasoline and diesel high speed stationary fuel pump meters and for refined fuel truck meters. From
July 1, 2007, through June 30, 2008, the fee is twenty-five dollars. From July 1, 2008, through June
30, 2009, the fee is thirty-six dollars. On July 1, 2009, and thereafter, the fee is forty-six dollars. If
a special or emergency inspection is requested, a charge, not to exceed the actual cost of such the
inspection, including costs for personnel, equipment, and mileage, shall be made and assessed
against the requesting individual person or device owner.
It is the intent of the Legislature that one-half of the inspection program funding may be derived
from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21A-3, 37-21A-7, and 37-22-10, through the General Appropriations Act.
Section 26. That § 37-21-10 be amended to read:
37-21-10. Whenever If a complaint shall be is made to the director of commercial inspection and
licensing secretary that any false or incorrect scales, weights, or measures are being made use of by
any person, firm, or corporation in the purchase or sale of merchandise or other commodities or in
weighing any article or commodity, the piece price for which is determined by weight or measure,
it shall be his duty to cause the same to be inspected the secretary shall investigate the complaint as
soon as the duties of his office will permit, and he possible. The secretary shall make such other
inspections of the weights and measures as in his the secretary's judgment are necessary or proper
to be made, except where inspection is provided for by chapter 37-22 or chapter 37-22A.
Section 27. That § 37-21-12 be amended to read:
37-21-12. Any person who impersonates in any way the secretary of the Department of Public
Safety, his deputy, or inspectors, or an employee of the department in the performance of his or their
the person's official duties, is guilty of a Class 1 misdemeanor.
Section 28. That § 37-21-13 be amended to read:
37-21-13. If the director of commercial inspection and licensing secretary compares weights,
measures, or weighing or measuring devices and finds that they correspond with the state standards,
the director secretary shall seal or mark the weights, measures, or weighing or measuring devices
with appropriate seals or marks.
Section 29. That § 37-21-15 be amended to read:
37-21-15. The director of commercial inspection and licensing shall have the power to, and shall,
from time to time, secretary may weigh or measure and inspect packages or amounts of commodities
of whatsoever whatever kind kept for the purpose of sale, offered or exposed for sale, sold, or in the
process of delivery, in order to determine whether the same packages or commodities contain the
amounts represented, and whether they be the packages or commodities are being offered for sale
or sold in a manner in accordance with pursuant to law.
Section 30. That § 37-21-16 be amended to read:
37-21-16. The director of commercial inspection and licensing secretary may for the purposes
mentioned in § 37-21-15, and in the general performance of official duties, enter and go into or upon,
without formal warrant, any stand, place, building, or premises, or stop any vendor or any dealer for
the purpose of making proper tests.
Section 31. That § 37-21-18 be amended to read:
37-21-18. Any person who:
(1) Offers or exposes for sale, sells, uses in buying or selling of any commodity or thing, or
for hire or award, or retains in possession a false weight or measure or measuring or
weighing device, or any weight or measure or weighing or measuring device that has not
been sealed by the Division of Commercial Inspection and Licensing department within
two years;
(2) Disposes of any condemned weight, measure, or weighing or measuring device contrary
to law;
(3) Removes any tag placed thereon by the Division of Commercial Inspection and Licensing
department;
(4) Sells, offers, or exposes for sale less than the quantity the person represents;
(5) Takes or attempts to take more than the quantity the person represents, when as the buyer,
the person furnished the weight, measure, or weighing or measuring device by means of
which the amount of the commodity is determined;
(6) Keeps for the purpose of sale, offers or exposes for sale, or sells any commodity in a
manner contrary to law;
(7) Violates any provision of chapters 37-20 to 37-22, inclusive, for which a specific penalty
has not been provided; or
(8) Sells, offers to sell, uses, or has in possession for the purpose of selling or using any
device or instrument to be used, or calculated to falsify any weight or measure;
is guilty of a Class 2 misdemeanor.
Section 32. That § 37-21-21 be amended to read:
37-21-21. The director of commercial inspection and licensing secretary and any deputy,
assistant, or inspector may request the assistance of local law enforcement in the arrest of any
violator of the statutes law in relation to weights and measures, enter a complaint before any court
of competent jurisdiction, and seize and use as evidence, without formal warrant, any false or
unsealed weight, measure, or weighing or measuring device or package or amount of commodities
found to be used, retained, or offered or exposed for sale or sold in violation of law.
Section 33. That § 37-21A-1 be amended to read:
37-21A-1. Terms as used in this chapter mean:
(1) "Division," the secretary of the "Department," the Department of Public Safety;
(2) "Placed in service report," a report submitted to the Office of Weights and Measures by
a registered service agent or agency, certifying that the subject device meets the applicable
state requirements and is legal for trade;
(3) "Registered service agency," any agency, firm, company, or corporation which, for hire,
award, commission, or any other payment of any kind, installs, services, repairs, or
reconditions a weighing or measuring device, and which voluntarily registers itself as
such with the secretary. Under agency registration, identification of individual servicemen
shall may not be required;
(4) "Registered service agent," any individual who for hire, award, commission, or any other
payment of any kind, installs, services, repairs, or reconditions a weighing or measuring
device, and who voluntarily registers as such with the secretary;
(5) "Secretary," the secretary of the Department of Public Safety.
Section 34. That § 37-21A-2 be amended to read:
37-21A-2. An individual or agency Any person may apply for voluntary registration to service
weighing or measuring devices on an application form supplied by the director. Said department. The
applicant shall submit a form, duly signed and witnessed, shall include certification by the applicant
that the individual or agency certifying that the applicant is fully qualified to install, service, repair,
or recondition whatever the weighing and measuring devices for the service of which competence
is being registered; has in possession, or available for use, all. The applicant shall certify that the
applicant has the necessary testing equipment and standards; and has full and knowledge of all
appropriate weights and measures laws, orders, rules, and regulations. An applicant also shall submit
appropriate evidence or references as to demonstrating the qualifications of the applicant.
Section 35. That § 37-21A-3 be amended to read:
37-21A-3. The director secretary shall charge an annual registration fee of sixty-nine dollars for
each service agencies agency and ten dollars for each registered servicemen service agent to cover
administrative costs. From July 1, 2007, through June 30, 2008, the fee for each agency is forty
dollars and the fee for each serviceman is seven dollars. From July 1, 2008, through June 30, 2009,
the fee for each agency is fifty-five dollars and the fee for each serviceman is eight dollars. On July
1, 2009, and thereafter, the fee for each agency is sixty-nine dollars and the fee for each serviceman
is ten dollars. The fee shall be paid when the registration or renewal application is made.
It is the intent of the Legislature that one-half of the inspection program funding may be derived
from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21-9.1, 37-21A-7, and 37-22-10, through the General Appropriations Act.
Section 36. That § 37-21A-4 be amended to read:
37-21A-4. Upon receipt and acceptance of a properly executed application form, the director
secretary shall issue to the applicant a "certificate of registration," including an assigned registration
number, which shall remain. The certificate of registration remains effective until either returned by
the applicant or withdrawn by the director secretary.
Section 37. That § 37-21A-5 be amended to read:
37-21A-5. A bearer of a certificate of registration may:
(1) Remove an official rejection or condemnation tag or mark placed on a weighing or
measuring device by the authority of the Division of Commercial Inspection and
Licensing department;
(2) Place in service, until such time as an official examination can be made, a weighing or
measuring device that has been officially rejected or condemned; and
(3) Place in service, until such time as an official examination can be made, a new or used
weighing or measuring device.
Section 38. That § 37-21A-7 be amended to read:
37-21A-7. A registered serviceman service agent and a registered service agency shall submit,
annually to the director secretary, for examination and certification, any standards and testing
equipment that are used, or are to be used, in the performance of the service and testing functions
with respect to weighing and measuring devices for which competence is registered. No registered
service person agent or agency may use in servicing any commercial weighing or measuring device
any standards or testing equipment that have not been certified by the director secretary. The
Department of Public Safety department shall charge a ninety-six dollar per hour fee for such the
examination and certification. From July 1, 2007, through June 30, 2008, the fee is sixty-two dollars
per hour. From July 1, 2008, through June 30, 2009, the fee is seventy-nine dollars per hour. On July
1, 2009, and thereafter, the fee is ninety-six dollars per hour.
It is the intent of the Legislature that one-half of the inspection program funding may be derived
from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21-9.1, 37-21A-3, and 37-22-10, through the General Appropriations Act.
Section 39. That § 37-21A-8 be amended to read:
37-21A-8. The director secretary may, for good cause, after careful investigation and
consideration, deny, suspend, or revoke a certificate of registration. Good cause may include any
violation of a weights and measures statute, failure to submit annual calibration documentation for
all weighing and measuring devices used in servicing equipment, or calculated misrepresentations
with regard to a service agent's competence, equipment, or reports.
Section 40. That § 37-21A-10 be amended to read:
37-21A-10. The director secretary may enter into an informal reciprocal agreement with any
other state that has voluntary registration policies similar to the policies of South Dakota. Under such
the agreement, the a registered servicemen service agent and the or a registered service agencies of
any agency of a state party to the reciprocal agreement are is granted full reciprocal authority,
including reciprocal recognition of certification of standards and testing equipment, in any state party
to the agreement if the registered service agency voluntarily registers in South Dakota and pays the
corresponding fee.
Section 41. That § 37-22-1 be amended to read:
37-22-1. All track scales and all other scales in this state used by common carriers or by shippers
for the purpose of weighing cars or freight offered for shipment in car lots and all scales and
weighing devices in public warehouses and grain elevators and all stock scales at stockyards and all
private, farm, and town and city municipal scales used in weighing hay, grain, wood, coal, and like
subjects of commerce shall be are under the supervision and control of the Division of Commercial
Inspection and Licensing department and be are subject to inspection by it the department. Farm
scales shall may only be inspected only at the request of the owner.
Section 42. That § 37-22-1.1 be repealed.
Section 43. That § 37-22-3 be amended to read:
37-22-3. The Division of Commercial Inspection and Licensing secretary shall promulgate rules,
pursuant to chapter 1-26, for:
(1) The installation, testing, and maintenance of all heavy scales, including specifications in
conformance with standards published by the National Institute for Standards and
Technology in effect January 1, 2005 2015;
(2) The frequency of inspection of such heavy scales; and
(3) The schedule and procedure for the correction of any deficiencies.
Section 44. That § 37-22-4 be amended to read:
37-22-4. The jurisdiction of the Division of Commercial Inspection and Licensing department
has exclusive jurisdiction over the scales designated in §§ 37-22-1 and 37-22-3 shall be exclusive
and. The inspection thereof shall of the scales may only be made only by and under the direction of
the division department.
Section 45. That § 37-22-5 be amended to read:
37-22-5. The Division of Commercial Inspection and Licensing department may appoint suitable
and competent inspectors to aid the division department in making inspections of scales under its
jurisdiction.
Section 46. That § 37-22-7 be amended to read:
37-22-7. The Division of Commercial Inspection and Licensing department may acquire such
standard weights and measures and such additional facilities and equipment including motor vehicles
or other means of conveyance it deems deemed necessary and suitable in carrying on the work of
inspecting, testing, and correcting scales and performing generally the duties entailed upon it
established by this chapter.
Section 47. That § 37-22-9 be amended to read:
37-22-9. The Division of Commercial Inspection and Licensing department or any agent,
employee, or scale inspector of the division department may at any time, without notice, enter any
place maintaining a scale subject to the provisions of this chapter and test and seal all weighing
scales and measures used in conducting such the business.
Section 48. That § 37-22-10 be amended to read:
37-22-10. The Division of Commercial Inspection and Licensing department shall charge and
collect a fee for each inspection or testing of scales. The fee shall be paid upon demand of the
division department by the person, firm, or corporation owning or operating the scale inspected or
tested. The schedule of fees is as follows:
(1) Up to and including 1,001 to 2,000 pounds capacity:, inclusive, twenty-nine dollars;
(a) From July 1, 2007, through June 30, 2008--twenty dollars;
(b) From July 1, 2008, through June 30, 2009--twenty-four dollars;
(c) Beginning July 1, 2009--twenty-nine dollars;
(2) 2,001 to 5,000 pounds capacity, inclusive:, forty-eight dollars;
(a) From July 1, 2007, through June 30, 2008--thirty-three dollars;
(b) From July 1, 2008, through June 30, 2009--forty-one dollars;
(c) Beginning July 1, 2009--forty-eight dollars;
(3) 5,001 to 40,000 pounds capacity, inclusive:, eighty-two dollars;
(a) From July 1, 2007, through June 30, 2008--sixty-seven dollars;
(b) From July 1, 2008, through June 30, 2009--seventy-five dollars;
(c) Beginning July 1, 2009--eighty-two dollars;
(4) Over 40,000 pounds capacity:, one hundred three dollars;
(a) From July 1, 2007, through June 30, 2008--eighty-four dollars;
(b) From July 1, 2008, through June 30, 2009--ninety-four dollars;
(c) Beginning July 1, 2009--one hundred three dollars;
(5) All livestock scales:, one hundred seventy-three dollars.
(a) From July 1, 2007, through June 30, 2008--one hundred twenty-four dollars;
(b) From July 1, 2008, through June 30, 2009--one hundred forty-eight dollars;
(c) Beginning July 1, 2009--one hundred seventy-three dollars.
If a special or emergency inspection is requested, a charge, not to exceed the actual cost of
such
the inspection, including costs for personnel, equipment, and mileage, shall be made and assessed
against the requesting
individual person or device owner.
It is the intent of the Legislature that one-half of the inspection program funding may be derived
from the general fund and the other half from the fees collected pursuant to this section and 34-39-3,
37-21-9.1, 37-21A-3, and 37-21A-7, through the General Appropriations Act.
Section 49. That § 37-22-12 be amended to read:
37-22-12. Whenever If a request is made by the owner to test a scale outside of the regular route
or regular tour of inspection of any scale inspector or inspectors and it is found necessary by the
Division of Commercial Inspection and Licensing department to send and dispatch a scale inspector
or inspectors with the scale inspection truck and its scale testing equipment, a charge, based upon
the number of hours it takes for such the travel from the point of departure to the place where such
the scale inspection and testing is to be made and return to the point of departure, shall be made and
assessed against the owner of such the scale and collection made as provided in. The fee shall be
charged and collected pursuant to the provisions of § 37-22-10. Such The per hour charge shall be
fixed and collected by the division department.
Section 50. That § 37-22-13 be amended to read:
37-22-13. If the person making an inspection pursuant to § 37-22-9 finds any scales scale in use
in such place inaccurate, the inspector shall condemn, or reject for repair, the scales scale and attach
thereto to the scale a card, notice, or other device, indicating that the scales are scale is condemned
or rejected. It is a Class 2 misdemeanor for any person to remove, deface, or destroy such the card,
notice, or other device placed upon the condemned or rejected scales. Scales scale. Any scale tagged
as ", condemned for repairs", shall be repaired or corrected within sixty days, and they. The scale
may not be used for any purpose until they have the scale has been repaired, retested, found to be
correct, and are is placed in service by a registered service agency or agent or until the Division of
Commercial Inspection and Licensing shall consent department has consented to the further use of
such scales the scale. The owner or operator of any weighing device tagged or marked ", rejected for
repair", may continue to use the device but shall have the device repaired or corrected within thirty
days by a registered service agency or agent.
Section 51. That § 37-22-16 be amended to read:
37-22-16. All fees and funds of any kind Any money collected under the provisions of this
chapter shall be by the Division of Commercial Inspection and Licensing deposited with the state
treasurer and by him credited to deposited in the general fund.
Section 52. That § 37-22-17 be amended to read:
37-22-17. Except as otherwise provided in this chapter, any person:
(1) Neglecting to install a seal for the preservation of adjustment as required by this chapter,
upon any scale under the jurisdiction of the Division of Commercial Inspection and
Licensing department, after thirty days' notice so to do;
(2) Removing, defacing, or destroying any seal placed upon any scale by any agent,
employee, or scale inspector of the division department for the purpose of fixing or
preserving the adjustment of the scale in order to ensure its accuracy;
(3) Removing, defacing, or destroying any seal, tag, card, notice, or other device placed upon
any scale by any agent, employee, or scale inspector of the division department for the
purpose of indicating that the scale has been condemned, and must may not be used;
(4) Using or permitting the use of any scale that has been tested and found to be incorrect,
before it is again tested and found to be correct and the further use thereof of the scale is
authorized or consented to by the division department;
(5) Preventing or attempting to prevent or in any way interfering with any member, inspector,
agent, or employee, or scale inspector of the division department from entering the
premises where such scales a scale may be kept, or inspecting or testing such scales a
scale; or
(6) Neglecting to observe any rule or regulation of the
division department relating to
scales
a scale;
is guilty of a Class 2 misdemeanor.
Section 53. That § 37-22-18 be amended to read:
37-22-18. The director of the Division of Commercial Inspection and Licensing secretary may
grant a variance, upon request from a scale owner or operator, to any rules or specifications
governing the scale except those specifying a tolerance or the value of a minimum division. The
owner or operator shall demonstrate the variance is needed due to economic unfeasibility or
impossibility of conformance with specifications. The variance shall be consistent with good
commercial practices in South Dakota and, under normal circumstances, the weighing equipment
shall remain accurate and reliable and the variance may not harm the owner, operator, or customers
any customer. The secretary of the Department of Public Safety shall, pursuant to chapter 1-26,
promulgate rules for the application process and criteria to be used in granting or rejecting a
variance.
Section 54. That § 37-22A-3 be amended to read:
37-22A-3. Each scale ticket issued by vehicle scales used in commercial trade shall show the
name of the agency performing the weighing service, the date of the weighing, the number of the
scale or other information identifying the scale upon which the weighing is performed, the name of
the person or firm having a vehicle weighed, and the name of the weighmaster, or understandable
abbreviations of such the names. Scale tickets Each scale ticket issued under this chapter shall be
in duplicate form, and serially numbered, and if such tickets are. If the ticket is used on a
type-registering weighbeam they, the ticket shall conform to specifications set by the Division of
Commercial Inspection and Licensing department. One copy of such the scale ticket shall be retained
by the agency performing the weighing service, and one copy of such the scale ticket shall be
furnished to the person or firm having the vehicle weighed. No change of weight shall may be made
on any such ticket.
Section 55. That § 37-22A-4 be amended to read:
37-22A-4. In case of error of the weighmaster in preparing a scale ticket, he the weighmaster
shall prepare a corrected ticket showing the corrections correction made and stating on the back
thereof the reasons for such changes. In event of of the ticket the reason for the change. If an error
in the preparation of such the ticket, other than the weight, due to misinformation having been
furnished to the weighmaster by the person or firm having a vehicle weighed, the weighmaster upon
request of such the person or firm shall issue another ticket bearing the appropriate corrections
correction or a correction slip which shall show thereon the changes shows any change made and on
the back thereof the reasons for such changes of the ticket and the reason for the change. Before such
the correction ticket or slip shall be is issued the weighmaster shall require the person requesting the
change to sign such the ticket or slip. The correction ticket or slip shall be attached to the original
ticket, bear the same serial number, and show on its face that it is a correction ticket or slip.
Section 56. That § 37-22A-5 be amended to read:
37-22A-5. The provisions of chapter 37-22, relating to heavy scales and defining the duties and
powers of the Division of Commercial Inspection and Licensing shall department apply to and
govern the administration and enforcement of this chapter.
Section 57. That chapter 34-39 be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) "Department," the Department of Public Safety;
(2) "Secretary," the secretary of the Department of Public Safety.
Section 58. That chapter 37-20 be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) "Department," the Department of Public Safety;
(2) "Secretary," the secretary of the Department of Public Safety.
Section 59. That chapter 37-21 be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) "Department," the Department of Public Safety;
(2) "Secretary," the secretary of the Department of Public Safety.
Section 60. That chapter 37-22 be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) "Department," the Department of Public Safety;
(2) "Secretary," the secretary of the Department of Public Safety.
Section 61. That chapter 37-22A be amended by adding a NEW SECTION to read:
Terms used in this chapter mean:
(1) "Department," the Department of Public Safety;
(2) "Secretary," the secretary of the Department of Public Safety.
Signed February 18, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\184.wpd
CHAPTER 184
(SB 120)
Appropriation for health care 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 five hundred eighteen
thousand six hundred dollars ($518,600), or so much thereof as may be necessary, to the Department
of Health for the purpose of reimbursing three family physicians, one dentist, two physician
assistants, and three 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 7, 2016
_______________
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CHAPTER 185
(HB 1170)
Appropriation for the
rural health care facility recruitment assistance program.
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 seventy-seven thousand five hundred dollars ($277,500), 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 25, 2016
_______________
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ALCOHOLIC BEVERAGES
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\186.wpd
CHAPTER 186
(HB 1052)
Alcoholic beverage license restrictions
on Department of Revenue employees.
ENTITLED, An Act to revise certain alcoholic beverage business restrictions on Department of
Revenue employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-1-3 be amended to read:
35-1-3. Neither the secretary nor any of the secretary's employees may, directly or indirectly,
employee of the division within the department that issues any alcoholic beverage license may have
any interest, financial or otherwise, in the production, transportation, storage, or sale of alcoholic
beverages.
Signed February 12, 2016
_______________
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CHAPTER 187
(SB 102)
Limited alcoholic beverage licenses on higher education campus.
ENTITLED, An Act to allow certain alcoholic beverage licenses and special event alcoholic
beverage licenses to be issued on certain lands and facilities located on state educational
institution campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-2-6.1 be amended to read:
35-2-6.1. No on-sale or off-sale license may be granted under this title to operate on the campus
of any state educational institution. However, if the outside boundary of any state educational
institution is extended this section does not apply to any license granted previous to the extension.
The provisions of this section do not apply to the school for the deaf established by chapter 13-62.
For the purpose of this section, " the term, campus" shall mean, means only the area immediately
surrounding the buildings used for classrooms, administrative offices, athletic facilities, and housing.
Notwithstanding the provisions of this section:
(1) An alcoholic beverage license may be issued pursuant to subdivisions 35-4-2(12), (16),
and (20) for the sole purpose of permitting the licensee to engage in the periodic retail sale
of malt beverages or wine for consumption on-site at a location and time, authorized by
the Board of Regents, that involves the performing arts, intercollegiate athletics, fund
raising, a reception, a conference, or an occasional or scheduled event at a facility used
for performing arts, intercollegiate athletics, events, or receptions; and
(2) A special events license may be issued pursuant to §§ 35-4-124, 35-4-124.1, and 35-4-125
for a special event authorized by the Board of Regents that involves the performing arts,
intercollegiate athletics, fund raising, a reception, a conference, or an occasional or
scheduled event.
Signed March 10, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\188.wpd
CHAPTER 188
(HB 1210)
On-sale alcoholic beverage licenses for municipal auditoriums.
ENTITLED, An Act to revise certain provisions regarding on-sale alcoholic beverage licenses for
municipal auditoriums and convention halls and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-14.1 be amended to read:
35-4-14.1. Notwithstanding the provisions of § 35-4-11, any municipality with a population in
excess of thirty-five thousand may issue an on-sale license pursuant to subdivision 35-4-2(4) to a
municipal auditorium operated pursuant to chapter 9-52 or to a public convention hall operated
pursuant to chapter 9-53 for use during a convention activity or an entertainment event, including
any theatrical or musical performance, rodeo, sporting event, or show. The selling, serving, or
dispensing of any alcoholic beverage at the municipal auditorium may not occur more than one hour
before the commencement of the event or at any time after the event is concluded. A license issued
pursuant to this section may not be transferred.
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 February 18, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\189.wpd
CHAPTER 189
(HB 1092)
Local permits revised
for the sale and consumption of alcoholic beverages.
ENTITLED, An Act to revise requirements for local permits for the sale and consumption of
alcoholic beverages on certain property abutting licensed establishments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-77.1 be amended to read:
35-4-77.1. Notwithstanding the provisions of § 35-4-75, the governing body of the municipality
charged with the approval of alcoholic beverage license issuance may, by ordinance, permit the sale
and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-way
abutting a licensed premises, provided that the license holder derives more than fifty percent of its
gross receipts from the sale of prepared food for consumption on the licensed premises. The sidewalk
or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the
licensed premises. This section does not apply to any federal-aid eligible highway unless approved
in accordance with the applicable requirements for the receipt of federal aid.
Nothing
contained in this section prevents the governing body from imposing conditions or
restrictions that it deems appropriate.
The sidewalk or walkway subject to a public right-of-way where the sale and consumption of
alcoholic beverages is permitted does not constitute a public place as defined in § 35-1-5.3, if the
sidewalk or walkway subject to a public right-of-way has been properly authorized for sale and
consumption of alcoholic beverages pursuant to this section. The hours of authorized sale and
consumption on the sidewalk or walkway subject to a public right-of-way as provided by this section
shall be consistent with the hours permitted for the on-sale license.
A violation of any provision of Title 35 by an alcoholic beverage license holder conducting
business on a sidewalk or walkway subject to a public right-of-way pursuant to this section
constitutes a violation of Title 35 as if the violation had occurred in or on the licensed premises.
Signed March 7, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\190.wpd
CHAPTER 190
(SB 2)
Alcoholic beverage tax revenue, distribution revised.
ENTITLED, An Act to revise the distribution of the revenue from the alcoholic beverage fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-5-22 be amended to read:
35-5-22. Twenty-five percent of all of the revenues deposited in the alcoholic beverage fund shall
revert to the municipalities.
The Each municipality's share of
each municipality of such the fund shall
be determined by the ratio
of the population of
such each municipality
has to the total population of
all the municipalities sharing in the receipts
from such tax. The Department of Revenue shall make
such the reversion by remitting not later than November first, February first, May first, and August
first, of each year to the finance officer of each
such municipality its share of
such fund, and the
fund. The amount
so received by
such each municipality shall be deposited in
its the municipality's
general fund.
Section 2. That chapter 35-5 be amended by adding a NEW SECTION to read:
Twenty-five percent of all of the revenues deposited in the alcoholic beverage fund shall revert
to the counties. Twenty-five percent of such alcoholic beverage fund so distributed to counties shall
be divided equally by all counties. The remaining seventy-five percent shall be allocated to counties
by the ratio of the population of each county to the total population of all the counties sharing in the
receipts. The Department of Revenue shall make the reversion by remitting not later than November
first, February first, May first, and August first, of each year to the county auditor of each county its
share of the fund. The amount received by each county shall be deposited in the county's general
fund to be dedicated to expenses related to county law enforcement, jails, state's attorneys, public
defenders, and court-appointed attorneys.
Signed March 15, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\191.wpd
CHAPTER 191
(HB 1078)
Limited immunity from arrest and prosecution
for alcohol related offenses for someone who assists a person.
ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol
related offenses to persons who assist a person in need of emergency assistance or who are
themselves in need of emergency assistance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
No person may be arrested or prosecuted for any misdemeanor offense of underage consumption,
open container, or public intoxication, arising out of underage consumption of alcohol if that person
contacts any law enforcement or emergency medical services and reports that a person is in need of
emergency medical assistance due to alcohol consumption and that person:
(1) Assists the person in need of emergency medical assistance until assistance arrives; and
(2) Remains and cooperates with medical assistance and law enforcement personnel on the
scene.
Section 2. That the code be amended by adding a NEW SECTION to read:
No person under the age of twenty-one years may be prosecuted for any misdemeanor offense
of underage consumption, open container, or public intoxication, arising out of underage
consumption of alcohol if that person contacts law enforcement or emergency medical services and
reports that he or she is in need of medical assistance due to alcohol consumption and that person
remains and cooperates with medical assistance and law enforcement personnel on the scene.
Signed March 15, 2016
_______________
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PROFESSIONS AND OCCUPATIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\192.wpd
CHAPTER 192
(SB 37)
Uniform Plumbing Code updated.
ENTITLED, An Act to adopt the 2015 edition of the Uniform Plumbing Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-25-15 be amended to read:
36-25-15. The commission shall, in compliance with chapter 1-26, adopt and publish minimum
standards relative to the design, construction, installation, improvement, extension, and alteration
of materials, piping, venting, fixtures, appliances, and appurtenances in relation to plumbing and
plumbing systems. All plumbing and plumbing systems shall be designed, constructed, installed,
improved, extended, and altered in substantial accord with the requirements of the 2009 2015
Uniform Plumbing Code, International Association of Plumbing and Mechanical Officials, as in
effect January 1, 2009 2015, and such amendments or revision adopted by the commission to protect
the health, life, safety, and welfare of persons and property in this state.
Signed February 8, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\193.wpd
CHAPTER 193
(HB 1104)
Dental hygienist licensing revisions.
ENTITLED, An Act to revise certain provisions regarding the practice of dental hygiene.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-6A-1 be amended to read:
36-6A-1. 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) "Oral health review," a limited assessment of a person's oral health through a dentist's
review of dental and medical history following a limited clinical inspection by a dental
hygienist working under collaborative supervision;
(25) "Patient of record," a patient who has undergone a complete evaluation performed by a
dentist;
(25)(26) "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)(27) "Practitioner," a dentist or dental hygienist;
(27)(28) "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)(29) "Registrant," a dental radiographer or registered dental assistant;
(29)(30) "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)(31) "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-40 be amended to read:
36-6A-40. 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 diagnostic, therapeutic, or preventive in nature and are authorized by the 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. The services shall be
performed under the supervision of a dentist.
A dental hygienist may perform preventive and therapeutic services under general supervision
if all individuals treated are patients of record 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
or
an oral health review 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.
Signed March 7, 2016
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\194.wpd
CHAPTER 194
(SB 29)
Nurse practice act, licensure and Interstate Compact, updated.
ENTITLED, An Act to update the nurse practice act and to adopt a new Interstate Nurse Licensure
Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-9-1 be amended to read:
36-9-1. Terms as used in this chapter, unless the context otherwise requires, mean:
(1) "Advanced practice registered nurse" or "APRN," any person licensed by the board in the
role of a clinical nurse specialist or a certified registered nurse anesthetist;
(2) "Approved program," any educational program of study which meets the requirements
established by this chapter and by the board for licensure or certification under this
chapter;
(2)(3) "Board," the South Dakota Board of Nursing;
(3)(4) "Certified registered nurse anesthetist," any person authorized under this chapter to
practice the nursing specialty of nurse anesthesia as defined in § 36-9-3.1;
(4)(5) "Clinical nurse specialist," any person authorized under this chapter to practice the
nursing specialty of a clinical nurse specialist as defined in § 36-9-87;
(5)(6) "Collaboration," communication with a physician licensed under chapter 36-4, prior to
before care being is provided, to set goals and objectives for the client to assure quality
and appropriateness of services rendered.
(6) "Employment," being employed as a nurse for at least one hundred forty hours in any one
calendar year;
(7) "Comprehensive nursing assessment," collection, analysis, and synthesis of data
performed by the registered nurse used to establish a health status baseline, nursing
diagnosis, plan nursing care, and address changes in a patient's condition;
(8) "Focused nursing assessment," recognizing patient characteristics by a licensed practical
nurse that may affect the patient's health status, gathering and recording assessment data,
and demonstrating attentiveness by observing, monitoring, and reporting signs, symptoms,
and changes in patient condition in an ongoing manner to the supervising health care
provider as defined in § 36-9-4;
(9) "Licensed," written authorization by the board to practice either as a registered nurse, or
a licensed practical nurse, certified nurse anesthetist, or clinical nurse specialist;
(8)(10) "Licensed practical nurse," any person duly authorized under this chapter to
practice practical nursing as defined in § 36-9-4;
(9) "Nursing diagnosis," the identification of and discrimination between physical and
psychological signs or symptoms essential to the effective execution and management of
a nursing regimen;
(11) "Patient" or "client," a recipient of care and may be an individual, family, group, or
community;
(10)(12) "Public member," any person who is not licensed by the board, but is a user of the
services regulated by the board;
(11)(13) "Registered nurse," any person authorized under this chapter to practice nursing as
defined in § 36-9-3;
(12) "Advanced practice registered nurse," or "APRN," any person licensed by the board in the
role of a clinical nurse specialist or a certified registered nurse anesthetist.
For the purposes of this chapter, words used in the feminine gender include the masculine.
Section 2. That § 36-9-3 be amended to read:
36-9-3. As used in this chapter, the practice of nursing by a registered nurse means the:
(1) Nursing diagnosis of human responses to actual or potential health problems of
individuals or groups, providing preventative, restorative and supportive care, health
teaching and counseling, case finding and referral; and
(2) Administration, supervision, delegation, evaluation and teaching of health and nursing
practice; which require substantial specialized knowledge, judgment and skill based upon
the principles of the biological, physiological, behavioral and sociological sciences, and
for which the registered nurse bears responsibility and accountability.
The registered nurse may perform in addition to the foregoing, those acts which require
additional education which shall be authorized by the board through its rules.
The practice of a
registered nurse includes:
(1) Providing comprehensive nursing assessment of health status of patients;
(2) Collaborating with the health care team to develop and coordinate an integrated
patient-centered health care plan;
(3) Developing the comprehensive patient-centered health care plan, including:
(a) Establishing nursing diagnosis;
(b) Setting goals to meet identified health care needs; and
(c) Prescribing nursing interventions;
(4) Implementing nursing care through the execution of independent nursing strategies and
the provision of regimens requested, ordered, or prescribed by authorized health care
providers;
(5) Evaluating responses to interventions and the effectiveness of the plan of care;
(6) Designing and implementing teaching plans based on patient needs;
(7) Delegating and assigning nursing interventions to implement the plan of care;
(8) Providing for the maintenance of safe and effective nursing care rendered directly or
indirectly;
(9) Advocating for the best interest of the patient;
(10) Communicating and collaborating with other health care providers in the management of
health care and the implementation of the total health care regimen within and across
settings;
(11) Managing, supervising, and evaluating the practice of nursing;
(12) Teaching the theory and practice of nursing;
(13) Participating in development of health care policies, procedures, and systems; and
(14) Other acts that require education and training consistent with professional standards as
prescribed by the board, by rules promulgated pursuant to chapter 1-26, and
commensurate with the registered nurse's education, demonstrated competence, and
experience.
Section 3. That § 36-9-4 be amended to read:
36-9-4. As used in this chapter, the practice of licensed practical nursing means:
(1) The performance of any acts in the care, treatment, or observation of the ill, injured or
infirm;
(2) Maintenance of health of others and promotion of health care;
(3) Assisting with health counseling and teaching; and
(4) Applying procedures to safeguard life and health, including the administration of
medications and treatments consistent with the practical nurse's education and preparation
under the direction of a physician licensed or exempt from licensing pursuant to chapter
36-4, dentist or registered nurse. A licensed practical nurse practices under the supervision
of a registered nurse, advanced practice registered nurse, licensed physician, or other
health care provider authorized by the state. A licensed practical nurse is guided by
nursing standards established or recognized by the board and includes:
(1) Collecting data and conducting a focused nursing assessment of the health status of a
patient;
(2) Participating with other health care providers in the development and modification of the
patient-centered health care plan;
(3) Implementing nursing interventions within a patient-centered health care plan;
(4) Assisting in the evaluation of responses to interventions;
(5) Providing for the maintenance of safe and effective nursing care rendered directly or
indirectly;
(6) Advocating for the best interest of the patient;
(7) Communicating and collaborating with patients and members of the health care team;
(8) Assisting with health counseling and teaching;
(9) Delegating and assigning nursing interventions to implement the plan of care; and
(10) Other acts that require education and training consistent with professional standards as
prescribed by the board, by rules promulgated pursuant to chapter 1-26, and
commensurate with the licensed practical nurse's education, demonstrated competence,
and experience.
Section 4. That § 36-9-5 be amended to read:
36-9-5. The Governor shall appoint a board of eleven consisting of six seven registered nurses,
three two licensed practical nurses, and two public members.
Section 5. That § 36-9-6 be amended to read:
36-9-6. Each member of the board shall be a citizen of the United States, and a resident of this
state for two years, and shall file with the secretary of state an oath of office before beginning her
a term of office.
Section 6. That § 36-9-7 be amended to read:
36-9-7. Registered Each registered nurse members member of the Board of Nursing board shall
be licensed in good standing as a registered nurses nurse in this state, shall be graduates a graduate
from an approved program for the preparation of registered nurses, shall have had at least five years'
years experience since graduation in the practice of nursing, and shall have been actively engaged
in nursing for at least three of the last four years preceding appointment.
Of the
six seven registered nurse members,
at least two shall be from nursing service or practice
and, two from nursing education
. Of the two registered nurse members from nursing service or
practice,
and at least one shall be a certified registered nurse anesthetist, a certified nurse practitioner,
a certified nurse midwife, or a clinical nurse specialist.
Of the two members from nursing education, one shall be a faculty member or administrator of
a practical
school of nursing
program and one shall be a faculty member or an administrator of a
professional school of nursing registered nursing program.
The composition of the registered nurse members of the board shall, as nearly as practicable,
reflect the educational backgrounds of registered nurses as a whole in the state; and the members
shall possess the expertise necessary to fulfill the statutory responsibilities of the board.
Section 7. That § 36-9-8 be amended to read:
36-9-8. Licensed Each licensed practical nurse members member of the board shall be licensed
in good standing as a practical nurses nurse in this state, shall be graduates a graduate of an approved
program for the preparation of licensed practical nurses, shall have had at least five years' successful
years experience since graduation as a licensed practical nurse, and shall have been actively engaged
in practical nursing for at least three of the last four years preceding appointment.
Section 8. That § 36-9-8.1 be amended to read:
36-9-8.1. No person may qualify for appointment as a public member if that person or any
member of her immediate family is then serving serves as a member of any other state licensing
board or is engaged for compensation in the provision of health services or the provision of health
research, instruction, or insurance.
Section 9. That § 36-9-9 be amended to read:
36-9-9. The term of office for the members of the Board of Nursing each member of the board
is three years and expires on October thirtieth. Each member shall serve until a successor has been
appointed and qualified. No member may be appointed to more than three consecutive full terms.
However, appointment of a person to an unexpired term is not considered a full term for this
purpose.
At the expiration of a term, or if a vacancy occurs, the Governor shall appoint a new board
member. The Governor may stagger terms to enable the board to have different terms expire each
year.
The appointee's term expires on October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the
year the term is to expire.
Section 10. That § 36-9-12 be amended to read:
36-9-12. The board may determine the qualifications, and employ in accordance with chapter 3-6A 3-6D, a person who is not a member of the board to serve as executive secretary director.
Section 11. That § 36-9-14 be amended to read:
36-9-14. The board may, in conformity with chapter 3-6A 3-6D, define the duties of, and fix the
compensation for, the executive secretary director.
Section 12. That § 36-9-15 be amended to read:
36-9-15. The board may delegate to the executive secretary director those activities that will
expedite the functions of the board.
Section 13. That § 36-9-21 be amended to read:
36-9-21. The Board of Nursing board shall promulgate rules pursuant to chapter 1-26 pertaining
to:
(1) Licensing and licenses;
(2) The practice of nursing;
(3) Scope of nursing practice;
(4) Except as otherwise provided in § 36-9-28, the delegation of nursing functions to
unlicensed assistive personnel under the supervision of a licensed nurse;
(5) Except as otherwise provided in § 36-9-28, the training, registration, and supervisory
requirements for unlicensed personnel performing delegated nursing functions under the
supervision of a licensed nurse;
(6) Disciplinary proceedings;
(7) Certification of nurse anesthetists;
(8) Fees; and
(9)(8) Approval of nursing education and clinical enrichment programs.
Section 14. That § 36-9-24 be amended to read:
36-9-24. All fees received by the Board of Nursing board, and money collected under this
chapter, shall be deposited in the bank as authorized by the board. However, the board may require
any applicant who is taking a nationally administered examination to remit the portion of the
licensing fee covering the cost of such examination directly to the organization administering the
examination. The funds may be withdrawn by the executive secretary director as authorized by the
board. A report of all receipts and expenditures of the funds shall be made at the close of each fiscal
year to the state auditor and filed in his office. All compensation and expenditures made by the board
shall be paid from the fees received under the provisions of this chapter.
Section 15. That § 36-9-28 be amended to read:
36-9-28. This chapter does not prohibit:
(1) Any nursing assistance in an emergency;
(2) The practice of nursing included in a program of study by a student enrolled in an
approved prelicensure program for the preparation of registered nurses or licensed
practical nurses;
(3) The practice of a legally qualified nurse from another state employed by the United States
government and performing her the nurse's official duty in this state;
(4) Gratuitous care of friends or members of the family;
(5) Domestic administration of family remedies, or care of the sick by domestic servants,
housekeepers, companions, or household aides of any type, whether employed regularly
or because of an emergency or illness, but who shall may not in any way assume to
practice nursing as defined in this chapter;
(6) The nursing or care of the sick, with or without compensation, when done in connection
with the practice of the religious tenets of any church by adherents thereof, so long as they
do the person does not engage in the practice of nursing as defined in this chapter;
(7) The practice of nursing in this state by a nurse currently licensed in another state or
territory whose employment requires her the nurse to accompany and care for a patient
in South Dakota during one such employment not to exceed three months in length;
provided, however, that such person shall. However, the nurse may not hold herself or
himself out to be licensed in this state;
(8) The practice of the functions of a certified registered nurse anesthetist by a registered
nurse enrolled as a student in an approved program for the preparation of certified
registered nurse anesthetists;
(9) The practice of nursing in this state by a nurse currently licensed in another state, territory,
or foreign country who is present in this state to lecture provide education relative to the
practice of nursing for a period of not more than five days;
(10) The administration of medications, other than by the parenteral route, by staff of
community support providers, group homes, and supervised apartments certified or
approved by the Department of Human Services, when under the supervision of a licensed
registered nurse. The Department of Human Services, in consultation with the South
Dakota Board of Nursing board, shall promulgate rules pursuant to chapter 1-26 for
administration of medications by such staff;
(11) The assistance with or performance of bowel and bladder care, other than the insertion or
removal of suprapubic and foley catheters, by domestic servants, housekeepers,
companions, or household aides, at the direction of a person needing such care who
resides independently outside of any hospital, nursing or health care facility, or other
similar institutional setting;
(12) The administration of medications, other than by the parenteral route, by staff of
community mental health centers, community mental health residential facilities, and
community support services programs certified or approved by the Department of Social
Services. The administration of medications shall be under the direct or indirect
supervision of a registered nurse. The Department of Social Services and the South
Dakota Board of Nursing board shall promulgate rules pursuant to chapter 1-26 for
administration of medications by such staff;
(13) The services performed in accordance with § 28-8A-10 by a personal attendant when
acting at the direction of a person with a disability; and
(14) The practice of nursing included in a program of study by a registered nurse enrolled in
an approved program for the preparation of a clinical nurse specialist.
Section 16. That § 36-9-29 be amended to read:
36-9-29. The Board of Nursing board may examine, license, and renew the licenses of duly
qualified applicants. The board may certify and renew the certification of qualified applicants.
Section 17. That § 36-9-30.1 be amended to read:
36-9-30.1. An applicant for certification licensure as a certified registered nurse anesthetist shall
submit to the Board of Nursing board written evidence, verified by oath, that said the applicant:
(1) Is currently licensed
by the board or has a privilege to practice in this state as a registered
nurse;
(2) Has completed an approved program for the preparation of registered nurse anesthetists;
and
(3) Has passed any examination, written or oral, or both, which the board in its discretion
may require current certification from a national certifying body recognized by the board;
and
(4) Is otherwise qualified under § 36-9-49.
Section 18. That § 36-9-31 be amended to read:
36-9-31. Upon application and payment of the required fee, the applicant for a license to practice
as a registered nurse shall pass a written examination approved by the board. Upon achieving the
passing score standard as determined by the board and if otherwise qualified under § 36-9-49, the
board shall issue to the applicant a license to practice as a registered nurse.
Section 19. That § 36-9-32 be amended to read:
36-9-32. Upon application and payment of the required fee, the Board of Nursing board may
issue a license to practice as a registered nurse by endorsement to an applicant who has been licensed
as a registered nurse under the laws of another state, territory, or foreign country, if, in the opinion
of the board, the applicant meets the qualifications required of registered nurses in this state at the
time of original licensure. However, if any applicant for licensure by endorsement has not been
employed as a nurse for more than engaged in the practice of nursing in the past six years, the board
may establish reentry standards, by rules promulgated pursuant to chapter 1-26, and may require such
written evidence, verified by oath, as may be deemed necessary to determine compliance with such
the standards.
Section 20. That § 36-9-35 be amended to read:
36-9-35. The Board of Nursing board shall promulgate by rule, pursuant to chapter 1-26, the
following nonrefundable registered nurse fees which the board shall collect in advance from
applicants:
(1) For initial licensure by examination or endorsement, not more than two hundred dollars,
exclusive of any fee which may be required for a nationally administered examination;
(2) For reexamination, not more than the amount then required for licensure by examination;
(3) For endorsement verification of licensure to another state, territory, or foreign country,
not more than thirty dollars;
(4) For initial certified registered nurse anesthetist certification licensure, not more than two
hundred dollars;
(5) For issuance of any temporary or limited permit, not more than fifty dollars;
(6) For biennial renewal of license, not more than one hundred fifty dollars;
(7) For reinstatement of a lapsed license or certified registered nurse anesthetist certification,
the current renewal fee plus not more than one hundred dollars;
(8) For providing a transcript, not more than five dollars;
(9) For effecting a name change upon the records of a licensee or certified registered nurse
anesthetist certificate holder, not more than twenty dollars;
(10) For issuing a duplicate license or certified registered nurse anesthetist certificate, not more
than thirty dollars;
(11) For biennial renewal of certified registered nurse anesthetist certification license, not more
than one hundred fifty dollars;
(12) For placing a license or certified registered nurse anesthetist certification on inactive
status, not more than twenty dollars;
(13) For issuance of any limited license, not more than thirty dollars.
Section 21. That § 36-9-38 be amended to read:
36-9-38. Upon application and payment of the required fee, the applicant for a license to practice
as a licensed practical nurse shall pass a written examination approved by the board. Upon achieving
the passing score standard as determined by the board and if otherwise qualified under § 36-9-49,
the board shall issue to the applicant a license to practice as a licensed practical nurse.
Section 22. That § 36-9-39 be amended to read:
36-9-39. Upon application and payment of the required fee, the Board of Nursing board may
issue a license to practice as a licensed practical nurse by endorsement to any applicant who is a
graduate of an approved program or has met the requirements by equivalency and has been licensed
as a licensed practical nurse or licensed vocational nurse under the laws of another state, territory,
or foreign country, if, in the opinion of the board, the applicant meets the qualifications required of
licensed practical nurses in this state at the time of original licensure. However, if any applicant for
licensure by endorsement has not been employed as a nurse for more than engaged in the practice
of nursing in the past six years, the board may establish reentry standards, by rules promulgated
pursuant to chapter 1-26, and may require such written evidence, verified by oath, as may be deemed
necessary to determine compliance with such the standards.
Section 23. That § 36-9-43 be amended to read:
36-9-43. The Board of Nursing board shall promulgate by rule, pursuant to chapter 1-26, the
following nonrefundable licensed practical nurse fees which the board shall collect in advance from
applicants:
(1) For initial licensure by examination or endorsement, not more than two hundred dollars,
exclusive of any fee which may be required for a nationally administered examination;
(2) For reexamination, not more than the amount then required for licensure by examination;
(3) For endorsement verification of licensure to another state, territory, or foreign country,
not more than thirty dollars;
(4) For issuance of any temporary or limited permit, not more than fifty dollars;
(5) For biennial renewal of license, not more than one hundred fifty dollars;
(6) For reinstatement of a lapsed license, the current renewal fee plus not more than one
hundred dollars;
(7) For providing a transcript, not more than five dollars;
(8) For effecting a name change upon the records of a licensee, not more than twenty dollars;
(9) For issuing a duplicate license, not more than thirty dollars;
(10) For placing a license on inactive status, not more than twenty dollars.
Section 24. That § 36-9-45 be amended to read:
36-9-45. The license of any person licensed under the provisions of this chapter shall be renewed
biennially, except as provided in § 36-9-46. The expiration date shall be established by the rules of
the board pursuant to chapter 1-26. The board shall mail provide a notice for renewal of license to
each licensee at least ninety days prior to the expiration date of the person's license. The licensee
shall return submit the required fee to the board before the expiration date. Upon receipt of the fee,
the board shall issue to the licensee a certificate of renewal renew the license. The renewal shall
render the license holder thereof a legal practitioner of nursing as designated thereon for the period
stated on the renewal certificate renewed license. However, if any applicant for renewal of a license
has not been employed as a nurse for more than engaged in the practice of nursing in the past six
years, the board may establish reentry standards, by rules promulgated pursuant to chapter 1-26, and
may require such written evidence, verified by oath, as may be deemed necessary to determine
compliance with such the standards.
Section 25. That § 36-9-45.1 be repealed.
Section 26. That § 36-9-46 be amended to read:
36-9-46. A licensee or certificate holder at any time the licensee or certification is current may
file written application with the Board of Nursing board, accompanied by the required fee, requesting
inactive status and stating the reasons therefor. Upon receipt of the fee, the board shall place the
license on inactive status.
Section 27. That § 36-9-47 be amended to read:
36-9-47. Any licensee or certificate holder who allows her a license or certification to lapse by
failure to renew the same license as provided in §§ 36-9-45 and 36-9-45.1 may be reinstated by the
Board of Nursing board on satisfactory explanation for such failure to renew and payment of the
required fee.
Section 28. That § 36-9-47.1 be amended to read:
36-9-47.1. After a license has been lapsed or inactive for at least six years and the licensee has
not engaged in the practice of nursing for the past six years, the Board of Nursing board may require
written evidence, verified by oath, of the licensee's successful completion of such the reentry
requirements as the board may, by rule establish by rules promulgated pursuant to chapter 1-26,
establish. At any time after certification has been lapsed or inactive, the board may require evidence
of the certificate holder's current nursing knowledge and skill before reinstating the certificate holder
to the status of active practice.
Section 29. That § 36-9-47.2 be amended to read:
36-9-47.2. Upon application and payment of the required fee, the Board of Nursing board may
issue a limited license to any nurse enrolled in a reentry program to practice only under the direct,
personal supervision of a licensed registered nurse. Each limited license shall bear an issuance date
and a termination date and may not be valid for more than ninety days. Upon successful completion
of a reentry program, the nurse may apply for a license or current renewal certificate renewal of a
license.
Section 30. That § 36-9-49 be amended to read:
36-9-49. In compliance with chapter 1-26, the Board of Nursing board may deny an application
for licensure or certification or may deny, revoke, or suspend a license or certificate and may take
other disciplinary or corrective action it the board considers appropriate in addition to or in lieu of
such an action upon proof that the applicant, or licensee, or certificate holder has:
(1) Committed fraud, deceit, or misrepresentation in procuring or attempting to procure
licensure or certification;
(2) Been convicted of a felony. The conviction of a felony means the conviction of any
offense which, if committed within the State of South Dakota, would constitute a felony
under its laws;
(3) Engaged in the practice of nursing under a false or incorrect name or under a fictitious or
assumed business name which has not been registered pursuant to chapter 37-11 or
impersonated another licensee or certificate holder of a like or different name;
(4) Become addicted to the habitual use of intoxicating liquors or controlled drugs as defined
by chapter 34-20B to such an extent as to result in incapacitation from the performance
of professional duties Committed an alcohol or drug related act or offense that interferes
with the ability to practice nursing safely;
(5) Negligently, willfully, or intentionally acted in a manner inconsistent with the health or
safety of persons a person entrusted to his or her the applicant's or licensee's care;
(6) Had a license, certificate, or privilege to practice as a registered nurse, licensed practical
nurse, certified registered nurse anesthetist, or clinical nurse specialist denied, revoked,
or suspended or had other disciplinary action taken in another state, territory, or foreign
country;
(7) Violated any provisions of this chapter or the rules promulgated under it;
(8) Aided or abetted an unlicensed or uncertified person to practice nursing;
(9) Engaged in the practice of nursing during a time his or her the applicant's or licensee's
license or certificate is lapsed, on inactive status, suspended, or revoked;
(10) Been guilty of incompetence Engaged in unsafe nursing practice, substandard care, or
unprofessional or dishonorable conduct;
(11) Exercised influence within the nurse-patient relationship for the purpose of engaging a
patient in sexual activity. For the purpose of this subdivision, the patient is presumed
incapable of giving free, full, and informed consent to sexual activity with the nurse; or
(12) Engaged in gross sexual harassment or sexual contact.
Section 31. That § 36-9-49.1 be amended to read:
36-9-49.1. In addition to the provisions for summary suspension in § 1-26-29, the board may take
action pursuant to § 36-9-49 upon a showing that the physical or mental condition of the licensee,
certificate holder or applicant endangers the health or safety of those persons a person who are is or
will be entrusted to her the licensee's or applicant's care. A majority of the board may demand an
examination of the licensee, certificate holder or applicant by a competent medical or psychological
examiner selected by the board at the board's expense. If the licensee, certificate holder or applicant
fails to submit to the examination, the board may immediately suspend her the license or certification
or deny her the application.
Section 32. That § 36-9-51.1 be amended to read:
36-9-51.1. Any license or certification may be suspended, revoked, or reissued only after a
hearing conducted by a hearing examiner appointed by the board or by a majority of the members
of the board.
Section 33. That § 36-9-51.2 be amended to read:
36-9-51.2. Any proceeding relative to the revocation or suspension of a license or certification
shall otherwise conform to the procedure set forth in chapter 1-26.
Section 34. That § 36-9-51.3 be amended to read:
36-9-51.3. Any decision of the board to suspend, revoke, or reissue a license or certification
requires a majority vote of the board membership.
Section 35. That § 36-9-51.4 be amended to read:
36-9-51.4. Any party aggrieved by any act, ruling, or decision of the board relating to the refusal
to grant, the denial, revocation, suspension, or reissuance of a license or certification may appeal
pursuant to chapter 1-26.
Section 36. That § 36-9-57 be amended to read:
36-9-57. Any revoked or suspended license or certification may be reissued at the discretion of
the board upon a finding of good cause.
Section 37. That § 36-9-58 be amended to read:
36-9-58. The board may approve curricula and standards for educational programs preparing
persons for licensure and certification under this chapter.
Section 38. That § 36-9-68 be amended to read:
36-9-68. No person may:
(1) Sell or fraudulently obtain or furnish a diploma, license, certificate, renewal of license or
certificate, or any other record necessary to practice nursing under this chapter or aid or
abet in such actions;
(2) Practice nursing as defined in this chapter under cover of any diploma, license, renewal
of license or certificate, or other record necessary to practice nursing under this chapter
that was illegally or fraudulently obtained or signed or that was issued unlawfully or under
fraudulent representation;
(3) Practice or offer to practice as a registered nurse, licensed practical nurse, registered nurse
anesthetist, or clinical nurse specialist without being licensed or certified under this
chapter;
(4) Use in connection with the person's name a sign, card, device, or other designation
tending to imply that the person is a registered nurse, a licensed practical nurse, a certified
registered nurse anesthetist, or a clinical nurse specialist without being licensed or
certified under this chapter;
(5) Practice nursing as defined in this chapter during any time that the person's license or
certificate is lapsed, on inactive status, suspended, or revoked;
(6) Conduct a nursing education program for the preparation of registered nurses, licensed
practical nurses, certified registered nurse anesthetists, or clinical nurse specialists unless
the program has been approved by the Board of Nursing board; or
(7) Otherwise violate any of the provisions of this chapter.
A violation of this section is a Class 1 misdemeanor.
Section 39. That § 36-9-72 be amended to read:
36-9-72. The Board of Nursing board may in the name of the people of the State of South
Dakota, through the attorney general of the State of South Dakota, or in its the board's own name
apply for an injunction in the circuit court for the county of the person's residence to enjoin any
person who:
(1) Is unlawfully practicing nursing as defined in this chapter without a license or certification
issued by the board;
(2) Is practicing nursing as defined in this chapter under a license or certification that is
lapsed, on inactive status, suspended, or revoked;
(3) Is endangering, or threatening to endanger, the health or safety of those entrusted to that
person's the licensee's or applicant's care in the practice of nursing as defined in this
chapter.
An action for injunction is an alternate to criminal proceedings, and the commencement of one
proceeding by the board constitutes an election. Upon the filing of a verified complaint, the court,
if satisfied by affidavit or otherwise, that the person is or has been engaging in unlawful or dangerous
practice as
above described in this section, may issue a temporary injunction, without notice or bond,
enjoining the defendant from further practice as a registered nurse, licensed practical nurse, certified
registered nurse anesthetist, or clinical nurse specialist.
Section 40. That § 36-9-86 be amended to read:
36-9-86. An applicant for licensure as a clinical nurse specialist shall submit to the Board of
Nursing board written evidence, verified by oath, that the applicant:
(1) Is currently licensed by the board as a registered nurse or has a privilege to practice in this
state;
(2) Holds a masters degree in nursing by completion of an approved program; and Has
completed an accredited graduate or post-graduate level advanced practice registered
nurse program in the clinical nurse specialist role;
(3) Has completed an examination approved by the board Is currently certified by a national
certifying body recognized by the board in the clinical nurse specialist role; and
(4) Is otherwise qualified under § 36-9-49.
Any person licensed pursuant to §§ 36-9-85 to 36-9-91, inclusive, prior to July 1, 1996, is
exempt from subdivision (3) of this section. The
Board of Nursing board may
adopt promulgate
rules
, pursuant to chapter 1-26
, regarding the application and examination process for licensure as
a clinical nurse specialist.
Section 41. That § 36-9-91 be amended to read:
36-9-91. The Board of Nursing board shall promulgate rules, pursuant to chapter 1-26, to
establish the following fees for clinical nurse specialists:
(1) For initial licensure by examination or endorsement, not more than two hundred dollars,
exclusive of any fee which may be required for a nationally administered examination;
(2) For endorsement verification of licensure to another state, territory, or foreign country,
not more than thirty dollars;
(3) For issuance of a temporary permit, not more than fifty dollars;
(4) For biennial renewal of license, not more than one hundred fifty dollars;
(5) For reinstatement of a lapsed license, the current renewal fee plus not more than one
hundred dollars;
(6) For providing a transcript, not more than five dollars;
(7) For issuing a duplicate license, not more than thirty dollars;
(8) For placing a license on inactive status, not more than twenty dollars; and
(9) For effecting a name change upon the records of a license, not more than twenty dollars.
The fees shall be paid in advance and are not refundable.
Section 42. That chapter 36-9 be amended by adding a NEW SECTION to read:
The Nurse Licensure Compact is enacted into law and entered into with all other jurisdictions
that legally join the compact, which is substantially as follows:
ARTICLE I
Finding and Declaration of Purpose
(a) The party states find that:
(1) The health and safety of the public are affected by the degree of compliance with and the
effectiveness of enforcement activities related to state nurse licensure laws;
(2) Violations of nurse licensure and other laws regulating the practice of nursing may result
in injury or harm to the public;
(3) The expanded mobility of nurses and the use of advanced communication technologies
as part of our nation's health care delivery system require greater coordination and
cooperation among states in the areas of nurse licensure and regulation;
(4) New practice modalities and technology make compliance with individual state nurse
licensure laws difficult and complex;
(5) The current system of duplicative licensure for nurses practicing in multiple states is
cumbersome and redundant for both nurses and states; and
(6) Uniformity of nurse licensure requirements throughout the states promotes public safety
and public health benefits.
(b) The general purposes of this compact are to:
(1) Facilitate the states' responsibility to protect the public's health and safety;
(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and
regulation;
(3) Facilitate the exchange of information between party states in the areas of nurse
regulation, investigation, and adverse actions;
(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction;
(5) Invest all party states with the authority to hold a nurse accountable for meeting all state
practice laws in the state in which the patient is located at the time care is rendered
through the mutual recognition of party state licenses;
(6) Decrease redundancies in the consideration and issuance of nurse licenses; and
(7) Provide opportunities for interstate practice by nurses who meet uniform licensure
requirements.
(a) "Adverse action, " means any administrative, civil, equitable, or criminal action permitted
by a state's laws which is imposed by a licensing board or other authority against a nurse,
including actions against an individual's license or multistate licensure privilege such as
revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's
practice, or any other encumbrance on licensure affecting a nurse's authorization to
practice, including issuance of a cease and desist action.
(b) "Alternative program," means a nondisciplinary monitoring program approved by a
licensing board.
(c) "Coordinated licensure information system," means an integrated process for collecting,
storing, and sharing information on nurse licensure and enforcement activities related to
nurse licensure laws that is administered by a nonprofit organization composed of and
controlled by licensing bodies.
(d) "Current significant investigative information," means:
(1) Investigative information that a licensing board, after a preliminary inquiry that
includes notification and an opportunity for the nurse to respond, if required by
state law, has reason to believe is not groundless and, if proved true, would indicate
more than a minor infraction; or
(2) Investigative information that indicates that the nurse represents an immediate
threat to public health and safety regardless of whether the nurse has been notified
and had an opportunity to respond.
(e) "Encumbrance," means a revocation or suspension of, or any limitation on, the full and
unrestricted practice of nursing imposed by a licensing board.
(f) "Home state," means the party state which is the nurse's primary state of residence.
(g) "Licensing board," means a party state's regulatory body responsible for issuing nurse
licenses.
(h) "Multistate license," means a license to practice as a registered or a licensed
practical/vocational nurse (LPN/VN) issued by a home state licensing board that
authorizes the licensed nurse to practice in all party states under a multistate licensure
privilege.
(i) "Multistate licensure privilege," means a legal authorization associated with a multistate
license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in
a remote state.
(j) "Nurse," means RN or LPN/VN, as those terms are defined by each party state's practice
laws.
(k) "Party state," means any state that has adopted this compact.
(l) "Remote state," means a party state, other than the home state.
(m) "Single-state license," means a nurse license issued by a party state that authorizes
practice only within the issuing state and does not include a multistate licensure privilege
to practice in any other party state.
(n) "State," means a state, territory, or possession of the United States and the District of
Columbia.
(o) "State practice laws," means a party state's laws, rules, and regulations that govern the
practice of nursing, define the scope of nursing practice, and create the methods and
grounds for imposing discipline. State practice laws do not include requirements
necessary to obtain and retain a license, except for qualifications or requirements of the
home state.
ARTICLE III
General Provisions and Jurisdiction
(a) A multistate license to practice registered or licensed practical/vocational nursing issued by
a home state to a resident in that state will be recognized by each party state as authorizing a nurse
to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under
a multistate licensure privilege, in each party state.
(b) A state must implement procedures for considering the criminal history records of applicants
for initial multistate license or licensure by endorsement. Such procedures shall include the
submission of fingerprints or other biometric-based information by applicants for the purpose of
obtaining an applicant's criminal history record information from the Federal Bureau of Investigation
and the agency responsible for retaining the state's criminal records.
(c) Each party state shall require the following for an applicant to obtain or retain a multistate
license in the home state:
(1) Meets the home state's qualifications for licensure or renewal of licensure, as well as all
other applicable state laws;
(2) (i) Has graduated or is eligible to graduate from a licensing board-approved RN or
LPN/VN prelicensure education program; or
(ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that
(a) has been approved by the authorized accrediting body in the applicable country
and (b) has been verified by an independent credentials review agency to be
comparable to a licensing board-approved prelicensure education program;
(3) Has, if a graduate of a foreign prelicensure education program not taught in English or if
English is not the individual's native language, successfully passed an English proficiency
examination that includes the components of reading, speaking, writing, and listening;
(4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized
predecessor, as applicable;
(5) Is eligible for or holds an active, unencumbered license;
(6) Has submitted, in connection with an application for initial licensure or licensure by
endorsement, fingerprints or other biometric data for the purpose of obtaining criminal
history record information from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records;
(7) Has not been convicted or found guilty, or has entered into an agreed disposition, of a
felony offense under applicable state or federal criminal law;
(8) Has not been convicted or found guilty, or has entered into an agreed disposition, of a
misdemeanor offense related to the practice of nursing as determined on a case-by-base
basis;
(9) Is not currently enrolled in an alternative program;
(10) Is subject to self-disclosure requirements regarding current participation in an alternative
program; and
(11) Has a valid United States social security number.
(d) All party states shall be authorized, in accordance with existing state due process law, to take
adverse action against a nurse's multistate licensure privilege such as revocation, suspension,
probation or any other action that affects a nurse's authorization to practice under a multistate
licensure privilege, including cease and desist actions. If a party state takes such action, it shall
promptly notify the administrator of the coordinated licensure information system. The administrator
of the coordinated licensure information system shall promptly notify the home state of any such
actions by remote states.
(e) A nurse practicing in a party state must comply with the state practice laws of the state in
which the client is located at the time service is provided. The practice of nursing is not limited to
patient care, but shall include all nursing practice as defined by the state practice laws of the party
state in which the client is located. The practice of nursing in a party state under a multistate
licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the
laws of the party state in which the client is located at the time the service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a party state's
single-state license as provided under the laws of each party state. However, the single-state license
granted to these individuals will not be recognized as granting the privilege to practice nursing in
any other party state. Nothing in this compact shall affect the requirements established by a party
state for the issuance of a single-state license.
(g) Any nurse holding a home state multistate license, on the effective date of this compact may
retain and renew the multistate license issued by the nurse's then-current home state, provided that:
(1) A nurse, who changes primary state of residence after this compact's effective date, must
meet all applicable Article III(c) requirements to obtain a multistate license from a new
home state; and
(2) A nurse who fails to satisfy the multistate licensure requirements in Article III(c) due to
a disqualifying event occurring after this compact's effective date shall be ineligible to
retain or renew a multistate license, and the nurse's multistate license shall be revoked or
deactivated in accordance with applicable rules adopted by the Interstate Commission of
Nurse Licensure Compact Administrators (commission).
ARTICLE IV
Application for Licensure in a Party State
(a) Upon application for a multistate license, the licensing board in the issuing party state shall
ascertain, through the coordinated licensure information system, whether the applicant has ever held,
or is the holder of, a license issued by any other state, whether there are any encumbrances on any
license or multistate licensure privilege held by the applicant, whether any adverse action has been
taken against any license or multistate licensure privilege held by the applicant and whether the
applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a
time.
(c) If a nurse changes primary state of residence by moving between two party states, the nurse
must apply for licensure in the new home state, and the multistate license issued by the prior home
state will be deactivated in accordance with applicable rules adopted by the commission.
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license shall not be issued by the new home state until the nurse provides
satisfactory evidence of a change in primary state of residence to the new home state and
satisfies all applicable requirements to obtain a multistate license from the new home
state.
(d) If a nurse changes primary state of residence by moving from a party state to a nonparty state,
the multistate license issued by the prior home state will convert to a single-state license, valid only
in the former home state.
ARTICLE V
Additional Authorities Invested in Party State Licensing Boards
(a) In addition to the other powers conferred by state law, a licensing board shall have the
authority to:
(1) Take adverse action against a nurse's multistate licensure privilege to practice within that
party state;
(i) Only the home state shall have the power to take adverse action against a nurse's
license issued by the home state;
(ii) For purposes of taking adverse action, the home state licensing board shall give the
same priority and effect to reported conduct received from a remote state as it
would if such conduct had occurred within the home state. In so doing, the home
state shall apply its own state laws to determine appropriate action;
(2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice
within that party state;
(3) Complete any pending investigations of a nurse who changes primary state of residence
during the course of such investigations. The licensing board shall also have the authority
to take appropriate action and shall promptly report the conclusions of such investigations
to the administrator of the coordinated licensure information system. The administrator
of the coordinated licensure information system shall promptly notify the home state of
any such actions;
(4) Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, as well as the production of evidence. Subpoenas issued by a
licensing board in a party state for the attendance and testimony of witnesses or the
production of evidence from another party state shall be enforced in the latter state by any
court of competent jurisdiction, according to the practice and procedure of that court
applicable to subpoenas issued in proceedings pending before it. The issuing authority
shall pay any witness fees, travel expenses, mileage, and other fees required by the service
statutes of the state in which the witnesses or evidence are located;
(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based
information to the Federal Bureau of Investigation for criminal background checks,
receive the results of the Federal Bureau of Investigation record search on criminal
background checks and use the results in making licensure decisions;
(6) If otherwise permitted by state law, recover from the affected nurse the costs of
investigation and disposition of cases resulting from any adverse action taken against that
nurse;
(7) Take adverse action based on the factual findings of the remote state, provided that the
licensing board follows its own procedures for taking such adverse action.
(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's
multistate licensure privilege to practice in all other party states shall be deactivated until all
encumbrances have been removed from the multistate license. All home state disciplinary orders that
impose adverse action against a nurse's multistate license shall include a statement that the nurse's
multistate licensure privilege is deactivated in all party states during the pendency of the order.
(c) Nothing in this compact shall override a party state's decision that participation in an
alternative program may be used in lieu of adverse action. The home state licensing board shall
deactivate the multistate licensure privilege under the multistate license of any nurse for the duration
of the nurse's participation in an alternative program.
ARTICLE VI
Coordinated Licensure Information System and Exchange of Information
(a) All party states shall participate in a coordinated licensure information system of all licensed
registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will
include information on the licensure and disciplinary history of each nurse, as submitted by party
states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The commission, in consultation with the administrator of the coordinated licensure
information system, shall formulate necessary and proper procedures for the identification,
collection, and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system
any adverse action, any current significant investigative information, denials of applications, with
the reasons for such denials, and nurse participation in alternative programs known to the licensing
board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential
alternative programs shall be transmitted through the coordinated licensure information system only
to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing
information to the coordinated licensure information system may designate information that may not
be shared with nonparty states or disclosed to other entities or individuals without the express
permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information
system by a party state licensing board shall not be shared with nonparty states or disclosed to other
entities or individuals except to the extent permitted by the laws of the party state contributing the
information.
(g) Any information contributed to the coordinated licensure information system that is
subsequently required to be expunged by the laws of the party state contributing that information
shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set to the compact
administrator of each other party state, which shall include, at a minimum:
(1) Identifying information;
(2) Licensure data;
(3) Information related to alternative program participation; and
(4) Other information that may facilitate the administration of this compact, as determined
by commission rules.
(i)The compact administrator of a party state shall provide all investigative documents and
information required by another party state.
ARTICLE VII
Establishment of the Interstate Commission of Nurse Licensure Compact Administration
(a) The party states hereby create and establish a joint public entity known as the Interstate
Commission of Nurse Licensure Compact Administrators.
(1) The commission is an instrumentality of the party states.
(2) Venue is proper, and judicial proceedings by or against the commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal office of
the commission is located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution
proceedings.
(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings:
(1) Each party state shall have and be limited to one administrator. The head of the state
licensing board or designee shall be the administrator of this compact for each party state.
Any administrator may be removed or suspended from office as provided by the law of
the state from which the administrator is appointed. Any vacancy occurring in the
commission shall be filled in accordance with the laws of the party state in which the
vacancy exists.
(2) Each administrator shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the commission. An administrator shall vote in person or by such
other means as provided in the bylaws. The bylaws may provide for an administrator's
participation in meetings by telephone or other means of communication.
(3) The commission shall meet at least once during each calendar year. Additional meetings
shall be held as set forth in the bylaws or rules of the commission.
(4) All meetings shall be open to the public and public notice of meetings shall be given in
the same manner as required under the rulemaking provisions in Article VIII.
(5) The commission may convene in a closed, nonpublic meeting if the commission must
discuss:
(i) Noncompliance of a party state with its obligations under this compact;
(ii) The employment, compensation, discipline, or other personnel matters, practices
or procedures related to specific employees or other matters related to the
commission's internal personnel practices and procedures;
(iii) Current, threatened, or reasonably anticipated litigation;
(iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;
(v) Accusing any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigatory records compiled for law enforcement purposes;
(ix) Disclosure of information related to any reports prepared by or on behalf of the
commission for the purpose of investigation of compliance with this compact; or
(x) Matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision. The commission shall keep minutes
that fully and clearly describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore, including a description
of the views expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the commission or order of a court of
competent jurisdiction.
(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to
govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the
powers of this compact, including but not limited to:
(1) Establishing the fiscal year of the commission;
(2) Providing reasonable standards and procedures;
(i) For the establishment and meetings of other committees; and
(ii) Governing any general or specific delegation of any authority or function of the
commission;
(3) Providing reasonable procedures for calling and conducting meetings of the commission,
ensuring reasonable advance notice of all meetings and providing an opportunity for
attendance of such meetings by interested parties, with enumerated exceptions designed
to protect the public's interest, the privacy of individuals, and proprietary information,
including trade secrets. The commission may meet in closed session only after a majority
of the administrators vote to close a meeting in whole or in part. As soon as practicable,
the commission must make public a copy of the vote to close the meeting revealing the
vote of each administrator, with no proxy votes allowed;
(4) Establishing the titles, duties, and authority and reasonable procedures for the election of
the officers of the commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel
policies and programs of the commission. Notwithstanding any civil services or other
similar laws of any party state, the bylaws shall exclusively govern the personnel policies
and programs of the commission; and
(6) Providing a mechanism for winding up the operations of the commission and the
equitable disposition of any surplus funds that may exist after the termination of this
compact after the payment or reserving of all of its debts and obligation.
(d) The commission shall publish its bylaws and rules, and any amendments thereto, in a
convenient form on the website of the commission.
(e) The commission shall maintain its financial records in accordance with the bylaws.
(f) The commission shall meet and take such actions as are consistent with the provisions of this
compact and the bylaws.
(g) The commission shall have the following powers:
(1) To promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and shall
be binding in all party states;
(2) To bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any licensing board to sue or be sued under applicable law
shall not be affected;
(3) To purchase and maintain insurance and bonds;
(4) To borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a party state or nonprofit organizations;
(5) To cooperate with other organizations that administer state compacts related to the
regulation of nursing, including but not limited to sharing administrative or staff
expenses, office space, or other resources;
(6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of this compact, and to
establish the commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel, and other related personnel matters;
(7) To accept any and all appropriate donations, grants and gifts of money, equipment,
supplies, materials and services, and to receive, utilize, and dispose of the same, provided
that at all times the commission shall avoid any appearance of impropriety or conflict of
interest;
(8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve, or use, any property, whether real, personal or mixed, provided that at all times
the commission shall avoid any appearance of impropriety;
(9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property, whether real, personal, or mixed;
(10) To establish a budget and make expenditures;
(11) To borrow money;
(12) To appoint committees, including advisory committees comprised of administrators, state
nursing regulators, state legislators or their representatives, consumer representatives, and
other such interested parties;
(13) To provide and receive information from, and to cooperate with, law enforcement
agencies;
(14) To adopt and use an official seal; and
(15) To perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of nurse licensure and
practice.
(h) Financing of the commission:
(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its
establishment, organization, and ongoing activities.
(2) The commission may also levy on and collect an annual assessment from each party state
to cover the cost of its operation, activities, and staff in its annual budget as approved each
year. The aggregate annual assessment amount, if any, shall be allocated based upon a
formula to be determined by the commission, which shall promulgate a rule that is
binding upon all party states.
(3) The commission shall not incur obligations of any kind prior to securing the funds to
adequately meet the same, nor shall the commission pledge the credit of any of the party
states, except by, and with the authority of, such party state.
(4) The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.
(i) Qualified immunity, defense, and indemnification:
(1) The administrators, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error, or omission that
occurred, or that the person against whom the claim is made had a reasonable basis for
believing occurred, within the scope of commission employment, duties, or
responsibilities, provided that nothing in this paragraph shall be construed to protect any
such person from suit or liability for any damage, loss, injury, or liability caused by the
intentional, willful, or wanton misconduct of that person.
(2) The commission shall defend any administrator, officer, executive director, employee, or
representative of the commission in any civil action seeking to impose liability arising out
of any actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the person against whom the
claim is made had a reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities, provided that nothing herein shall
be construed to prohibit that person from retaining his or her own counsel, and provided
further that the actual or alleged act, error, or omission did not result from that person's
intentional, willful, or wanton misconduct.
(3) The commission shall indemnify and hold harmless any administrator, officer, executive
director, employee, or representative of the commission for the amount of any settlement
or judgement obtained against that person arising out of any actual or alleged act, error,
or omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from the intentional, willful, or wanton
misconduct of that person.
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this
Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date
specified in each rule or amendment and shall have the same force and effect as provisions of this
compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the
commission.
(c) Prior to promulgation and adoption of a final rule or rules by the commission, and at least
sixty days in advance of the meeting at which the rule will be considered and voted upon, the
commission shall file a notice of proposed rulemaking:
(1) On the website of the commission; and
(2) On the website of each licensing board or the publication in which each state would
otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include:
(1) The proposed time, date, and location of the meeting in which the rule will be considered
and voted upon;
(2) The text of the proposed rule or amendment and the reason for the proposed rule;
(3) A request for comments on the proposed rule from any interested person; and
(4) The manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
(e) Prior to adoption of a proposed rule, the commission shall allow persons to submit written
data, facts, opinions, and arguments, which shall be made available to the public.
(f) The commission shall grant an opportunity for a public hearing before it adopts a rule or
amendment.
(g) The commission shall publish the place, time, and date of the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each person who wishes to comment
a fair and reasonable opportunity to comment orally or in writing. All hearings will be
recorded, and a copy will be made available upon request.
(2) Nothing in this section shall be construed as requiring a separate hearing on each rule.
Rules may be grouped for the convenience of the commission at hearings required by this
section.
(h) If no one appears at the public hearing, the commission may proceed with promulgation of
the proposed rules.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing
date if the hearing was not held, the commission shall consider all written and oral comments
received.
(j)The commission shall, by majority vote of all administrators, take final action on the proposed
rule and shall determine the effective date of the rule, if any, based on the rule-making record and
the full text of the rule.
(k) Upon determination that an emergency exists, the commission may consider and adopt an
emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual
rule-making procedures provided in this compact and in this section shall be retroactively applied
to the rule as soon as reasonably possible, in no event later than ninety days after the effective date
of the rule. For the purpose of this provision, an emergency rule is one that must be adopted
immediately in order to:
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or party state funds; or
(3) Meet a deadline for the promulgation of an administrative rule that is required by federal
law or rule.
(l) The commission may direct revisions to a previously adopted rule or amendment for purposes
of correcting typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the commission. The revision shall
be subject to challenge by any person for a period of thirty days after posting. The revision may be
challenged only on grounds that the revision results in a material change to a rule. A challenge shall
be made in writing, and delivered to the commission prior to the end of the notice period. If no
challenge is made, the revision will take effect without further action. If the revision is challenged,
the revision may not take effect without the approval of the commission.
ARTICLE IX
Oversight, Dispute Resolution, and Enforcement
(1) Each party state shall enforce this compact and take all actions necessary and appropriate
to effectuate this compact's purposes and intent.
(2) The commission shall be entitled to receive service of process in any proceeding that may
affect the powers, responsibilities, or actions of the commission, and shall have standing
to intervene in such a proceeding for all purposes. Failure to provide service of process
in such proceedings to the commission shall render a judgement or order void as to the
commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination:
(1) If the commission determines that a party state has defaulted in the performance of its
obligations or responsibilities under this compact or the promulgated rules, the
commission shall:
(i) Provide written notice to the defaulting state and other party states of the nature of
the default, the proposed means of curing the default, or any other action to be
taken by the commission; and
(ii) Provide remedial training and specific technical assistance regarding the default.
(2) If a state in default fails to cure the default, the defaulting state's membership in this
compact may be terminated upon an affirmative vote of a majority of the administrators,
and all rights, privileges, and benefits conferred by this compact may be terminated 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 default.
(3) Termination of membership in this compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the Governor of the defaulting state and to the
executive officer of the defaulting state's licensing board and each of the party states.
(4) A state whose membership in this compact has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.
(5) The commission shall not bear any costs related to a state that is found to be in default or
whose membership in this compact has been terminated unless agreed upon in writing
between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the commission by petitioning the U.S.
District Court for the District of Columbia or the federal district in which the commission
has its principal offices. The prevailing party shall be awarded all costs of such litigation,
including reasonable attorneys' fees.
(1) Upon request by a party state, the commission shall attempt to resolve disputes related to
the compact that arise among party states and between party and nonparty states.
(2) The commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes, as appropriate.
(3) In the event the commission cannot resolve disputes among party states arising under this
compact:
(i) The party states may submit the issues in dispute to an arbitration panel, which will
be comprised of individuals appointed by the compact administrator in each of the
affected party states and an individual mutually agreed upon by the compact
administrators of all the party states involved in the dispute.
(ii) The decision of a majority of the arbitrators shall be final and binding.
(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions
and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the U.S. District Court for
the District of Columbia or the federal district in which the commission has its principal
offices against a party state that is in default to enforce compliance with the provisions
of this compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded the costs of such litigation, including reasonable
attorneys' fees.
(3) The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
ARTICLE X
Effective Date, Withdrawal, and Amendment
(a) This compact shall become effective and binding on the earlier of the date of legislative
enactment of this compact into law by no less than twenty-six states or December 31, 2018. All party
states to this compact that were parties to the prior Nurse Licensure Compact, superseded by this
compact (prior compact), shall be deemed to have withdrawn from said prior compact within six
months after the effective date of this compact.
(b) Each party state to this compact shall continue to recognize a nurse's multistate licensure
privilege to practice in that party state issued under the prior compact until such party state has
withdrawn from the prior compact.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same. A
party state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(d) A party state's withdrawal or termination shall not affect the continuing requirement of the
withdrawing or terminated state's licensing board to report adverse actions and significant
investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse
licensure agreement or other cooperative arrangement between a party state and a nonparty state that
is made in accordance with the other provisions of this compact.
(f) This compact may be amended by the party states. No amendment to this compact shall
become effective and binding upon the party state unless and until it is enacted into the laws of all
party states.
(g) Representatives of nonparty states to this compact shall be invited to participate in the
activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
ARTICLE XI
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions
of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact
is declared to be contrary to the Constitution of any party state or of the United States, or if the
applicability thereof to any government, agency, person, or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to any government agency, person, or
circumstance shall not be affected thereby. If this compact shall be held to be contrary to the
Constitution of any party state, this compact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the party state affected as to all severable matters.
Section 43. That chapter 36-9 be amended by adding a NEW SECTION to read:
No state general funds shall be used to support the Nurse Licensure Compact.
Signed February 12, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\194.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\195.wpd
CHAPTER 195
(SB 41)
Board of Technical Professions, authority revised.
ENTITLED, An Act to revise certain provisions related to the Board of Technical Professions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-18A-4 be amended to read:
36-18A-4. For the purposes of this chapter, the term, practice of land surveying, means the
practice or offering to practice professional services such as consultation, investigation, testimony
evaluation, expert technical testimony, land-use studies, planning, mapping, assembling, interpreting
reliable scientific measurements and information relative to the location, size, shape, or physical
features of the earth, improvements on the earth, the space above the earth, or any part of the earth,
and utilization and development of these facts and interpretation into an orderly survey map, plan,
report, description, or project.
The practice of land surveying includes any of the following:
(1) Locates, relocates, establishes, reestablishes, lays out, or retraces any property line or
boundary of any tract of land or any road, right-of-way, easement, alignment, or elevation
of any of the fixed works embraced within the practice of land surveying;
(2) Makes any survey for the subdivision of any tract of land;
(3) Determines, by the use of principles of land surveying, the position for any survey
monument or reference point; or sets, resets, or replaces any such monument or reference
point;
(4) Determines the configuration or contour of the earth's surface or the position of fixed
objects on the earth's surface by measuring lines and angles and applying the principles
of mathematics;
(5) Geodetic surveying which includes surveying for determination of the size and shape of
the earth utilizing angular and linear measurements through spatially oriented spherical
geometry; or
(6) Creates, prepares, or modifies electronic or computerized data, including land formation
systems and geographic information systems, relative to the performance of the activities
in subdivisions (1) to (5), inclusive, of this section.
Section 2. That § 36-18A-5 be amended to read:
36-18A-5. For the purposes of this chapter, the term, practice of landscape architecture, means
the practice or offering to practice landscape architecture projects, including preparing preliminary
studies, providing land-use studies, developing design concepts, giving expert technical testimony,
planning for the relationships of physical improvements and intended uses of the site, establishing
form and aesthetic elements, analyzing and providing for life safety requirements, developing those
construction details on the site which are exclusive of any building or structure and do not require
the seal of an engineer or architect, preparing and coordinating technical submissions, and
conducting site observation of landscape architecture projects.
Landscape architecture, for the purposes of landscape preservation, development, and
enhancement, includes: investigation, selection, and allocation of land and water resources for
appropriate use; feasibility studies; formulation of graphic and written criteria to govern the planning
and design of land construction programs; preparation, review, and analysis of master plans for land
use and development; production of overall site plans, landscape grading and landscape drainage
plans, irrigation plans, planting plans, and construction details; specifications; cost estimates and
reports for land development; collaboration in design of roads, bridges, and structures with respect
to the functional and aesthetic requirements of the areas on which they are to be placed; negotiation
and arrangement for execution of land area projects; field observation and inspection of land area
construction, restoration, and maintenance.
Section 3. That § 36-18A-9 be amended to read:
36-18A-9. This chapter does not apply to:
(1) Any person engaged in military engineering while rendering service exclusively for any
of the armed forces of the United States or this state;
(2) Any person engaged in the practice of
professional engineer or engineering, architecture
,
landscape architecture, or land surveying in the employ of the United States government
but only while exclusively engaged as a United States government employee on such
government project or projects which lie within federally-owned land;
(3) Any person engaged in the practice of professional engineering, architecture, landscape
architecture, or land surveying in the employ of the state and any of its political
subdivisions but only while rendering service exclusively to such employer. Any building
project resulting from the practice of professional engineering, architecture, landscape
architecture, or land surveying under this subdivision is subject to the size limitation
imposed under the exemptions in subdivision (8) of this section;
(4) Any employee who prepares technical submissions or administers construction contracts
for a person or organization lawfully engaged in the practice of engineering, architecture,
landscape architecture, or land surveying, if the employee is under the direct supervision
of a registered professional engineer, architect, landscape architect, or land surveyor;
(5) Any full-time employee of a corporation, partnership, firm, business entity, or public
utility while exclusively doing work for the corporation, partnership, firm, business entity,
or public utility, if the work performed is in connection with the property, products, and
services utilized by the employer and not for any corporation, partnership, firm, or
business entity practicing or offering to practice architectural, engineering, landscape
architecture, or land surveying services to the public. The provisions of this subdivision
do not apply to any building or structure if the primary use is occupancy by the public;
(6) Any person engaged in the preparation of plans and specifications for the erection,
enlargement, or alteration of any of the following buildings:
(a) Any dwelling for a single family, and any outbuilding in connection therewith,
such as a barn or private garage;
(b) Any two, three, or four family dwelling;
(c) Any five to sixteen family dwelling, inclusive, located in a governmental
subdivision of this state which provides a detailed building code review of building
projects by a building inspection department which is a Class A member of the
International Conference of Building Officials governmental member of the
International Code Council (ICC) or an ICC certified plans examiner;
(d) Any farm or ranch building or accessory thereto except any building regularly used
for public purposes; or
(e) Any temporary building or shed used exclusively for construction purposes, not
exceeding two stories in height, and not used for living quarters;
(7) Any person who prepares detailed or shop plans required to be furnished by a contractor
to a registered professional engineer or architect, and any construction superintendent
supervising the execution of work designed by an architect or professional engineer
registered in accordance with this chapter;
(8) Any person engaged in the preparation of plans and specifications for the new
construction, the enlargement or the alteration of any of the following buildings:
(a) Any building occupied as a hospital, hotel, motel, restaurant, library, medical
office, nursing facility, assisted living facility, jail, retirement home, or mortuary,
if the gross square footage of the new construction, the enlargement, or the
alteration is four thousand square feet or less;
(b) Any building occupied as an auditorium, church, school, or theater if the gross
square footage of the new construction, the enlargement, or the alteration is five
thousand square feet or less;
(c) Any building occupied as a bowling alley, office, shopping center, bank, fire
station, service station, or store if the gross square footage of the new construction,
the enlargement, or the alteration is seven thousand square feet or less;
(d) Any building occupied as an industrial plant or public garage if the gross square
footage of the new construction, the enlargement, or the alteration is eleven
thousand square feet or less;
(e) Any building occupied as a warehouse if the gross square footage of the new
construction, the enlargement, or the alteration is twenty thousand square feet or
less;
(f) Any building with an occupancy other than those listed in subsections (a) to (e),
inclusive, of this subdivision if the gross square footage of the new construction,
the enlargement, or the alteration is four thousand square feet of less; or
(g) Any preengineered or predesigned building, or any preengineered or predesigned
building with a predesigned system, designed for the intended use of that building,
including building structure, electrical, plumbing, and mechanical systems, if the
buildings and systems are supplied directly, or indirectly, by a company engaged
in the business of designing and supply such buildings and systems and if the
company has in its employ one or more engineers or architects licensed in South
Dakota, who prepare all designs for such buildings and systems.
No person exempted may use the title of professional engineer, architect,
landscape architect, or
land surveyor, or any other word, words, letters, or signs in connection with the person's name that
may falsely convey the impression that the person is a licensed professional engineer, architect,
landscape architect, or land surveyor.
Section 4. That § 36-18A-37 be amended to read:
36-18A-37. The license shall be displayed in a conspicuous place in the licensee's principal
office, place of business, or place of employment within the state. A new duplicate license to replace
a lost, destroyed, or mutilated license shall be issued upon payment of a fee established by the board
pursuant to chapter 1-26.
Section 5. That § 36-18A-46 be amended to read:
36-18A-46. No person other than an architect or professional engineer may provide architectural
and engineering services which include construction administration services on projects that are not
exempt pursuant to §§ 36-18A-2 and 36-18A-3 may provide construction administration services
on an architecture portion of a project that is not exempt pursuant to § 36-18A-2. No person other
than a professional engineer may provide construction administration services on an engineering
portion of a project that is not exempt pursuant to § 36-18A-3. The architect or professional engineer
of record, or another designated architect or professional engineer without conflict of interest, shall
provide a written report of observed deficiencies or variations from the submitted plans and
specifications to the building official, owner, and builder before project completion. The board may
promulgate rules pursuant to chapter 1-26 to establish construction administration services criteria
including coordinating and prime professional criteria for persons licensed by the board.
Section 6. That § 36-18A-46.1 be amended to read:
36-18A-46.1. If determined by the board that a licensee in responsible charge of the work is
unavailable to complete the work, a successor licensee may take responsible charge by performing
all professional services to include developing a complete design file with work or design criteria,
calculations, code research, and any necessary and appropriate changes to the work. The
nonprofessional services, such as drafting, need not be redone by the successor licensee but shall
clearly and accurately reflect the successor licensee's work. The burden is on the successor licensee
to show compliance. The successor licensee shall sign, date, and seal all original documents. The
successor licensee shall have control of and responsibility for the work product and the signed and
sealed originals of all documents.
Signed February 8, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\196.wpd
CHAPTER 196
(SB 40)
Board of Technical Professions,
signature and seal requirements changed.
ENTITLED, An Act to revise signature and seal requirements for the Board of Technical
Professions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-18A-44 be amended to read:
36-18A-44. Any licensed professional engineer, architect, land surveyor, and landscape architect
shall procure and use an appropriate seal. The seal shall contain the following information:
(1) The name, South Dakota;
(2) Licensee's name;
(3) License number; and
(4) The appropriate title or combination of titles: Professional Engineer, Architect, Land
Surveyor, Landscape Architect.
The seal shall
be legible and shall have an outer circle with a
two-inch diameter
measuring at
least one inch and no greater than two inches and an inner circle with a
one and one-fourth inch
diameter
measuring five-eighths of the diameter of the outer circle. Titles may be prefixed with the
words, Licensed or Registered. The seal may be an embossed seal, a rubber stamp, a computer-generated seal, or other facsimile found acceptable to the board. The licensee's
original written
signature and the date shall be adjacent to or across the seal. Petroleum release assessors and
remediators, or interns, may not
obtain or use
any a seal.
Section 2. That § 36-18A-45 be amended to read:
36-18A-45. The application of the licensee's seal and signature and the date constitutes
certification that the work on which it was applied was done by the licensee or under the licensee's
responsible charge. The seal, signature, and date shall be placed in such a manner that can be legibly
reproduced on the following:
(1) All originals, copies, tracings,
electronic submittals, or other
reproducibles reproductions
of all final drawings, specifications, reports, plats, plans, land surveys, design information,
and calculations prepared by the licensee or under the licensee's responsible charge when
presented to a client or any public or governmental agency. A licensee may not review or
check technical submissions of another licensed professional or unlicensed person and
seal the documents as the licensee's own work;
(2) Preliminary work shall contain a note that the submittal is Not for Construction,
Preliminary, or other such explanation that it is not final; and
(3) In the case of multiple seals documents for projects which involve multiple licensees of
more than one technical profession, the title or index sheet may shall be sealed, signed,
and dated by all involved the prime professional in responsible charge of coordinating the
various technical professions involved in the project. In addition, each sheet shall be
sealed, signed, and dated by the licensee or licensees who prepared or who are in
responsible for charge of that sheet;
(4) Drawings that are transmitted electronically to a client or governmental agency shall have
the computer-generated seal removed from the original file. The electronic media shall
have the following inserted in lieu of the seal, signature, and date: This document
originally issued and sealed by (name of licensee/sealer), (title), (license number), on (date
of sealing). This media should not be considered a certified document;
(5) Drawings, reports, or documents that are signed and sealed using a digital method shall
have an electronic authentication process attached to or logically associated with the
electronic documents. The digital signature shall be:
(a) Unique to the person using it;
(b) Capable of verification;
(c) Under the sole control of the person using it; and
(d) Linked to a document in such a manner that the digital signature is invalidated if
any data in the document is changed.
Section 3. That § 36-18A-45.1 be amended to read:
36-18A-45.1. Each drawing, report, or document that is signed and sealed using a digital
signature shall have an electronic authentication process attached to or logically associated with the
electronic document. The licensee's use of a digital signature is optional and, if used, shall be:
(1) Unique to the licensee;
(2) Capable of verification;
(3) Under the sole control of the licensee using it; and
(4) Linked to a document in such a manner that the digital signature is invalidated if any data
in the document is changed.
A digital signature that uses a process approved by the board is presumed to meet the criteria
set
forth in subdivision 36-18A-45(5) provided in this section. Any hard copy printed from the
transmitted electronic file shall bear the facsimile of the signature and seal and shall be a
confirmation that the electronic file was not altered after the initial digital signing of the file. Any
alterations to the file shall cause the facsimile of the signature to be voided.
Signed February 8, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\196.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\197.wpd
CHAPTER 197
(HB 1027)
Massage therapists' licensure revised.
ENTITLED, An Act to revise certain provisions regarding licensure of massage therapists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-35-1 be amended to read:
36-35-1. Terms in this chapter mean:
(1) "Board," the Board of Massage Therapy;
(2) "Licensee," a person who meets the qualifications for licensure pursuant to this chapter
and holds a valid license to practice massage therapy;
(3) "Massage," the systematic mobilization of the soft tissues of the body through the
application of hands, feet, or devices for the purposes of therapy, relaxation, or education
through means which include:
(a) Pressure, friction, stroking, rocking, kneading, percussion, compression, or
stretching;
(b) External application of water, heat, cold, lubricants, or other topical agents; or
(c) The use of devices that mimic or enhance the actions done by of human hands or
feet; and
(3)(4) "Practice of massage therapy," the performance of massage for a fee or other
compensation or holding oneself out to the public as performing massage.
Section 2. That § 36-35-2 be amended to read:
36-35-2. The board consists of five members appointed by the Governor. The terms of the initial
members of the board shall be staggered by the drawing of lots with three of the initial members
serving a term of three years, two of the initial members serving a term of two years, and one of the
initial members serving a term of one year. Any subsequent term on the term of a board member is
three years. One member of the board shall be a person not licensed by the board. Four members of
the board shall be persons licensed by the board. The Governor shall fill any vacancy by appointment
to complete the unexpired portion of that member's term the vacancy. No person may serve more
than three consecutive full terms on the board. The appointment to an unexpired term is not
considered a full term.
The terms of members begin on October thirty-first of the calendar year in which the Governor
appoints the member, unless otherwise designated by the Governor. The appointee's term expires on
October thirtieth in the third year of appointment.
Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the
year the term is to expire.
Section 3. That § 36-35-4 be amended to read:
36-35-4. The board shall select annually elect from its members a president, vice-president, and
secretary at its annual meeting. The board may hire an executive secretary to perform any
managerial, clerical, or other duties directed by the board.
Section 4. That § 36-35-5 be amended to read:
36-35-5. The board shall hold an annual meeting at least two meetings per year at a place and
time set by the board. The board may hold special additional meetings at a time and place set by the
president or a majority of the board by giving written notice to the board prior to the meeting.
Section 5. That § 36-35-8 be amended to read:
36-35-8. Any person engaged in the practice of massage in this state shall conspicuously display
a valid license from the board in the person's licensee's regular place of business. If the licensee is
providing massage therapy outside of the licensee's regular place of business, the licensee shall, upon
request, produce photo identification and proof of licensure. Failure to comply with this section is
a petty offense.
Section 6. That § 36-35-10 be amended to read:
36-35-10. Any person who engages in the practice of massage or holds himself or herself out to
the public as engaged in the practice of massage without a license issued pursuant to this chapter,
or owns, operates or manages a business which knowingly employs or contracts with any unlicensed
person to offer or provide massage therapy, is guilty of a Class 1 misdemeanor. The board may file
bring a civil action to enjoin any person engaging in the practice of massage without a license
violation of this chapter.
Section 7. That § 36-35-12.1 be amended to read:
36-35-12.1. Upon application and payment of a an application fee not to exceed seventy-five
dollars, the board may issue a temporary permit to practice as a licensed massage therapist massage
therapy to an applicant who has met the requirements of subdivision 36-35-12(1) to (4), inclusive,
pending completion and results of the examination required pursuant to subdivision 36-35-12(5), if
the applicant intends to practice massage therapy in the state during the time the permit is valid. A
temporary license permit may be issued no more than twice and is effective for a term of not more
than one hundred eighty ninety days. A temporary license permit automatically 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 8. That § 36-35-12.2 be repealed.
Section 9. That § 36-35-12.3 be amended to read:
36-35-12.3. Unless automatically issued pursuant to this section, a A license issued under this
chapter is valid until September thirtieth following the date it is issued and automatically expires
unless it is renewed.
Section 10. That § 36-35-13 be amended to read:
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; or
(9) Engaging in any act that aids, abets, facilitates, or promotes a violation of this chapter.
Section 11. That § 36-35-14 be repealed.
Section 12. That § 36-35-15 be amended to read:
36-35-15. Any person holding a valid license or registration to practice massage from another
state whose requirements for licensure or registration are not less restrictive than this state is
exempted from the requirement for any examination for licensure by § 36-35-12. Any person
applying for a license under this section shall submit an application as required by § 36-35-12 along
with proof of a current license. Notwithstanding the provisions of § 36-35-12, the board may issue
a license to an applicant licensed to practice massage therapy in another state if the applicant
demonstrates the following qualifications:
(1) Eighteen years of age or older;
(2) Absence of unprofessional conduct;
(3) Professional liability insurance pursuant to § 36-35-21;
(4) Verification from the authority that issued the applicant's license indicating the applicant
is in good standing and currently licensed to practice; and
(5) Experience and competency in massage indicated by education that substantially complies
with subdivision 36-35-12(2) or verification of an active massage therapy practice in the
state of licensure in the two years immediately preceding the date of application for
licensure.
For the purpose of this section, the term, active massage therapy practice, means the applicant
has had at least two hundred hours of patient contact in the preceding two-year period.
Section 13. That § 36-35-16 be amended to read:
36-35-16. Any
person licensee holding a valid license under this chapter may renew that license
by
making application for renewal, paying the required renewal fee
, and providing proof of
compliance with the continuing education requirements set by the board. If the board has not
received a license renewal
application by the expiration date, the board shall notify the licensee
within five days that the renewal
application has not been received and that the licensee may not
practice until the license is renewed. Any person who submits a license renewal
application and
provides proof of compliance with the continuing education requirements set by the board within
thirty days after the expiration date
shall may be granted a license renewal.
Section 14. That § 36-35-18.1 be amended to read:
36-35-18.1. The board may issue an inactive massage therapist place a massage therapy license
on inactive status upon submission of an application and payment of the application fee.
Section 15. That § 36-35-20 be amended to read:
36-35-20. The board shall may receive and may investigate any complaint filed with the board
alleging that any licensed massage therapist has violated the requirements a violation of this chapter.
The board may inspect the place of business of any person with a license issued pursuant to this
chapter the licensee named in a complaint pursuant to this section during normal business hours or
upon written notice.
Section 16. That § 36-35-22 be amended to read:
36-35-22. The board may cancel, suspend, or revoke a license following a contested case hearing
in compliance with chapter 1-26 upon satisfactory proof of incompetence, unprofessional conduct,
or a violation of any provision of this chapter. The board may waive the requirement of prior notice
and an informal meeting set forth in § 1-26-29 if the licensee presents an immediate threat to the
public or has engaged in willful misconduct. Any person licensee may appeal the cancellation,
suspension, or revocation of a license in compliance with chapter 1-26.
Section 17. That § 36-35-24 be amended to read:
36-35-24. The board may promulgate rules pursuant to chapter 1-26 in the following areas to
establish:
(1) The form and information required for any license application;
(2) A list of recognized facilities or instructors who may provide training or instruction
required for licensure or continuing education requirements;
(3) The amount of license fees;
(4) The procedures for conducting disciplinary proceedings;
(5) The procedures for conducting complaint investigations;
(6) The procedures for applying for an inactive placing a license on inactive status and the
procedures to regain active licensure; and
(7)(5) Approval of national competency examinations.
Section 18. That § 36-35-25 be amended to read:
36-35-25. The provisions of this chapter do not apply to any person performing massage for
compensation if the massage is done under one of the following circumstances:
(1) As part of a licensed practice as a physician, physician assistant, chiropractor, nurse,
physical therapist, athletic trainer, or other health care profession licensed or certified
under Title title 36;
(2) As part of a licensed practice pursuant to chapter 36-14 or 36-15, if the licensee is
performing within the scope of the licensed practice and the licensee does not hold
himself or herself out to be a massage therapist or to be engaged in the practice of
massage therapy;
(3) In furtherance of duties as an employee of the United States;
(4) As part of a course of study with a facility or instructor recognized and approved by the
board to provide training in massage or the provision of such instruction;
(5) As part of providing a course of instruction or continuing education by a licensed massage
therapist from another state or provider preapproved by the board, in the practice of
massage therapy on a temporary basis not in excess of ten days per calendar year; or
(6) Manipulation of the soft tissues of the human body is restricted to the hands, feet, or ears
and the person does not hold himself or herself out to be a massage therapist or to be
engaged in the practice of massage therapy.
Section 19. That chapter 36-35 be amended by adding a NEW SECTION to read:
(1) Administer, coordinate, and enforce the provisions of this chapter;
(2) Evaluate the qualifications of applicants for licensure and permits and issue and renew
licenses and permits;
(3) Maintain the names of persons that meet the qualifications for licensure;
(4) Conduct all disciplinary proceedings under this chapter;
(5) Maintain a record of each complaint received by the board;
(6) Establish standards for the safe and qualified practice of massage therapy;
(7) Report licensing actions and status to relevant state and federal governing bodies as may
be required, or as the board deems appropriate; and
(8) Employ or contract with personnel and enter into contracts pursuant to law to carry out
the board's responsibilities.
Signed February 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\197.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\198.wpd
CHAPTER 198
(HB 1069)
Genetic counselor licensure.
ENTITLED, An Act to revise certain provisions related to genetic counselor licensure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-36-1 be amended to read:
36-36-1. Terms used in this chapter mean:
(1) "ABGC," the American Board of Genetic Counseling;
(2) "ABMG," the American Board of Medical Genetics "ABMGG," the American Board of
Medical Genetics and Genomics;
(3) "ACGC," the Accreditation Council for Genetic Counseling;
(4) "Board," The South Dakota Board of Medical and Osteopathic Examiners;
(4)(5) "Genetic counselor," a person licensed under this chapter to engage in the practice of
genetic counseling;
(5)(6) "Referral," a written or telecommunicated authorization for genetic counseling services
from a licensed physician or a licensed certified nurse midwife, licensed certified nurse
practitioner, licensed clinical nurse specialist, or a licensed physician assistant, who has
an agreement and signed protocols with a licensed physician who authorizes referrals to
a genetic counselor; and
(6)(7) "Supervision," the ongoing direct clinical review, for the purposes of training or teaching,
by a supervisor approved by the board who monitors the performance or a person's
supervised interaction with a client and provides regular documented face-to-face
consultation, guidance, and instructions with respect to the clinical skills and
competencies of the person supervised. This supervision may be by personal contact or
indirect contact by telecommunication.
Section 2. That § 36-36-2 be amended to read:
36-36-2. For the purposes of this chapter, genetic counseling is a communication process,
conducted by appropriately trained persons that includes:
(1) Assisting a person, the person's family, a health care provider, or the public with
comprehending the issues inherent to genetic counseling. Such The assistance may
include the following:
(a) Appreciating the medical, psychological, and social implications of a disorder
including features, variability, usual course, and management options;
(b) Learning how genetic factors contribute to the disorder and affect the chance for
recurrence of the condition in other family members;
(c) Understanding available options for coping with, preventing, or reducing the
chance of occurrence or recurrence of a condition;
(d) Selecting the most appropriate, accurate, and cost-effective methods of diagnosis,
including the ordering of genetic tests consistent with the referral and reporting
requirements of this chapter; or
(e) Understanding genetic tests, including diagnostic genetic tests, screening tests, or
predispositional genetic tests, coordinating testing for inherited disorders, and
interpreting complex genetic test results;
(2) Assessing the likelihood of the occurrence or recurrence of an abnormality in the fetus in
structure, function, or metabolism or of any potentially inherited or genetically influenced
condition. Such The assessment may include the following:
(a) Obtaining and analyzing a complete health history of a person and the person's
family;
(b) Reviewing pertinent medical records;
(c) Evaluating the risks from exposure to possible mutagens or teratogens; or
(d) Discussing Ordering genetic testing or other evaluations, consistent with the
referral and reporting requirements of this chapter, to diagnose a condition or
determine the carrier status of one or more family members; and
(3) Facilitating an individual's or family's:
(a) Exploration of the perception of risk and burden associated with a genetic disorder;
(b) Decision-making regarding testing or medical interventions consistent with the
individual's or family's beliefs, goals, needs, resources, or cultural, ethical, or moral
views; and
(c) Adjustment and adaptation to the condition or the genetic risk by addressing needs
for psychological, social, and medical support.
Section 3. That § 36-36-3 be amended to read:
36-36-3. For the purposes of this chapter, the practice of genetic counseling is the process of
helping people understand and adapt to the medical, psychological, and familial implications of
genetic contributions to disease performed pursuant to a referral. This process integrates the
following:
(1) Interpretation of family and medical histories to assess the chance of disease occurrence
or recurrence;
(2) Education about inheritance, testing, management, prevention, resources, and research;
and
(3) Ordering genetic testing consistent with the referral and reporting requirements of this
chapter; and
(4) Counseling to promote informed decisions and adaptation to the risk or condition.
Section 4. That § 36-36-5 be amended to read:
36-36-5. Any person desiring to engage in the practice of genetic counseling in this state shall
apply to the board for a license and pay the license fee. The application shall contain
such the
information
as the board may require. The license fee shall be established by the board by rules
promulgated pursuant to chapter 1-26. The license fee may not exceed two hundred dollars. The
board may grant a license to any applicant who gives satisfactory proof of being of at least eighteen
years of age and who is of good moral character and also fulfills the following requirements:
(1) Education at one of the following levels:
(a) Master's degree from a genetic counseling training program that is accredited by
the ABGC ACGC and approved by the board; or
(b) Doctoral degree from a medical genetics training program that is accredited by the
ABMG ABMGG and approved by the board; and
(2) Successful completion of all requirements of the certification examination within a period
not to exceed four years from initial examination to successful completion and with no
more than two attempts.
Section 5. That § 36-36-7 be amended to read:
36-36-7. No licensed genetic counselor may provide genetic counseling to individuals, couples,
groups, or families without a documented referral from a physician, certified nurse midwife, licensed
certified nurse practitioner, licensed clinical nurse specialist, or a licensed physician assistant. The
licensed physician, certified nurse midwife, licensed certified nurse practitioner, licensed clinical
nurse specialist, or licensed physician assistant shall maintain supervision of the patient, including
the regular review of orders of genetic tests. The licensed genetic counselor shall submit reports to
the physician, certified nurse midwife, licensed certified nurse practitioner, licensed clinical nurse
specialist, or licensed physician assistant on any services provided, including genetic testing. No
genetic testing may be provided unless ordered by a licensed genetic counselor, physician, certified
nurse midwife, licensed certified nurse practitioner, licensed clinical nurse specialist, or licensed
physician assistant.
Section 6. That § 36-36-9 be amended to read:
36-36-9. The board may issue a temporary license to an applicant who has paid the temporary
license fee, meets all the qualifications for licensure as established in § 36-36-5 with the exception
of certification by the ABMG ABMGG or ABGC, and has submitted evidence to the board that the
applicant is a candidate accepted to write the examination or is awaiting the results of the first
examination for which the applicant is eligible after graduation from an approved genetic counseling
program. The board shall establish a temporary license fee by rules promulgated pursuant to chapter
1-26. The temporary license fee may not exceed one hundred dollars. A temporary licensee shall take
the next available examination. If any temporary licensee fails the first sitting of ABGC or ABMG
ABMGG certification examination or the temporary license expires, then he or she the applicant may
reapply for a second temporary license. A temporary license may not be issued if the applicant has
failed the ABGC or ABMG ABMGG certification examination more than twice. A temporary
license expires on the occurrence of the following:
(1) Issuance of a regular license;
(2) Failure to pass the board-approved examination; or
(3) Expiration of the term for which the temporary license was issued.
Section 7. That § 36-36-10 be amended to read:
36-36-10. Any licensee practicing pursuant to the authority of a temporary license shall practice
under the supervision of a licensed genetic counselor or a physician approved by the board with
current
ABMG ABMGG certification in clinical genetics.
Section 8. That § 36-36-11 be amended to read:
36-36-11. Each license issued pursuant to this chapter shall be renewed annually on a date set
by the board. The board shall renew a license upon payment of the renewal fee, submission of a
renewal application in a form approved by the board, and evidence satisfactory to the board of the
applicant's successful completion, within a three year period prior to the application for license
renewal of five continuing education units or fifty contact hours. Any genetic counselor who
maintains current certification by the ABGC or ABMG may document compliance with this
requirement by providing proof of current certification by the ABGC or ABMG of continuing
education requirements. The board shall establish the renewal fee by rules promulgated pursuant to
chapter 1-26. The fee may not exceed one hundred dollars.
Section 9. That § 36-36-12 be amended to read:
36-36-12. The board shall promulgate rules pursuant to chapter 1-26 pertaining to fees, licensure,
investigations, and disciplinary proceedings, and continuing education.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\198.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\199.wpd
CHAPTER 199
(HB 1141)
Licensing for persons
offering applied behavior analysis services to the public.
ENTITLED, An Act to license persons offering applied behavior analysis services to the public.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Applied behavior analysis," as provided in subdivision 58-17-154(1);
(2) "Behavior analyst," a person who meets the qualifications of subdivision 58-17-159(2),
who is licensed as a behavior analyst by the board only for the provision of applied
behavior analysis as defined in sections 2 and 3 of this Act, and who holds himself or
herself out to the public by any title or description of services which uses the words
behavior analyst or applied behavior analyst;
(3) "Board," the Board of Social Work Examiners, as established in chapter 36-26.
Section 2. That the code be amended by adding a NEW SECTION to read:
The term, practice of applied behavior analysis, is the application of principles, methods, and
procedures of the analysis of behavior including principles of operant and respondent learning. The
term includes applications of those principles, methods, and procedures to:
(1) Design, supervise, evaluate, and modify treatment programs to change the behavior of
individuals diagnosed with an autism spectrum disorder;
(2) Design, supervise, evaluate, and modify treatment programs to change the behavior of
individuals;
(3) Design, supervise, evaluate, and modify treatment programs to change the behavior of
groups; and
(4) Consult with individuals and organizations.
Section 3. That the code be amended by adding a NEW SECTION to read:
The term, practice of applied behavior analysis, does not include diagnosis, counseling,
psychological testing, personality assessment, intellectual assessment, neuropsychological
assessment, psychotherapy, cognitive therapy, sex therapy, family therapy, coordination of care,
psychoanalysis, hypnotherapy, or long-term counseling as a treatment modality.
Section 4. That the code be amended by adding a NEW SECTION to read:
The Governor shall appoint an applied behavior analyst advisory committee composed of three
members. Two of the members shall be behavior analysts licensed under this Act and the other
member shall represent the public and be unaffiliated with the profession.
Each committee member shall serve a term of three years. However, the terms of the initial
appointees shall be staggered so that no more than one member's term expires in any one year. No
committee member may be appointed to more than three consecutive full terms. If a vacancy occurs,
the Governor shall appoint a person to fill the unexpired term. The appointment of a member to an
unexpired term is not considered a full term. The committee shall meet at least annually or as
necessary to conduct business. The advisory committee shall assist the board in the regulation of
behavior analysts pursuant to this Act. The committee shall also make recommendations to the board
regarding rules promulgated pursuant to this Act.
The terms of a member begins on October thirty-first of the calendar year in which the Governor
appoints the member, unless otherwise designated by the Governor. The term of a member expires
on October thirtieth in the third year of appointment.
Section 5. That the code be amended by adding a NEW SECTION to read:
The provisions of this Act do not apply to any:
(1) Employee of a regionally accredited academic institution while performing teaching,
training, or research duties;
(2) Provider who is not a resident of this state, and who has established an office in this state,
who provides behavior analyst services in this state for a period which does not exceed
an aggregate of more than twenty days during any one year if the provider is authorized
under the laws of the state or country of residence to perform these activities and services.
If the provider exceeds twenty consecutive days of practice in this state in any calendar
year the provider shall report to the board, in writing, the nature and extent of the
provider's practice in this state;
(3) Qualified physician, surgeon, psychologist, dentist, osteopath, optometrist, chiropractor,
podiatrist, registered nurse, attorney, court employee, marriage counselor, family
counselor, member of the clergy, mental health counselor, school counselor, rehabilitation
counselor, employment counselor, guidance counselor, social worker, or licensed
professional counselor doing work within the standards and ethics of the person's
respective profession who does not hold himself or herself out to the public by any title
incorporating the term behavior analyst;
(4) Matriculated college or university student whose applied behavior analysis activity is part
of a defined program of study, course, practicum, internship, or postdoctoral traineeship,
if the applied behavior analysis activities under this exemption are directly supervised by
a behavior analyst in this state, an instructor in a course sequence approved by the
certifying entity, or another qualified faculty member. The individual student may not
represent himself or herself as a behavior analyst and shall use a title that clearly indicates
the student's training status, such as student, intern, or trainee;
(5) Family member of a recipient of applied behavior analysis services implementing
behavior analysis treatment plans with the recipient under the extended authority and
direction of a behavior analyst. The family member may not represent himself or herself
as a behavior analyst;
(6) Assistant behavior analyst or paraprofessional who delivers applied behavior analysis
services under the extended authority and direction of a behavior analyst provided that the
services are supervised in accordance with the requirements of the Behavior Analyst
Certification Board, Inc. The assistant behavior analyst or paraprofessional may not
represent himself or herself as a behavior analyst, and shall use a title that indicates
assistant or paraprofessional status, such as an assistant behavior analyst, ABA technician,
behavior technician, tutor, or line therapist. The assistant behavior analyst or
paraprofessional shall submit to a criminal background check and fingerprint checks
pursuant to the provisions of this Act;
(7) Behavior analyst who practices with nonhumans, including an applied animal behaviorist
and animal trainer;
(8) Professional who provides general applied behavior analysis services to an organization,
so long as the services are for the benefit of the organization and do not involve direct
services to any person;
(9) Unlicensed person pursuing experience in applied behavior analysis consistent with the
experience requirements of the Behavior Analyst Certification Board, Inc., if the
experience is supervised in accordance with the requirements of the Behavior Analyst
Certification Board, Inc. The person may not represent himself or herself as a behavior
analyst and shall use a title that clearly indicates the person's training status, such as
student, intern, or trainee;
(10) Person employed by a school board performing the duties of a position for the school. The
person may not represent himself or herself as a behavior analyst, unless the person holds
a license under this Act; or
(11) Any person who meets the requirements set out in subdivision 58-17-159(1).
Section 6. That the code be amended by adding a NEW SECTION to read:
No person may represent himself or herself as a behavior analyst, or engage in the practice of,
or attempt to practice applied behavior analysis unless licensed pursuant to the provisions of this Act
as an applied behavior analyst or exempted under the provisions of this Act.
Section 7. That the code be amended by adding a NEW SECTION to read:
The board may grant a license as a behavior analyst to an applicant who:
(1) Has earned a master's degree or a doctoral degree;
(2) Holds a current certification as a board certified behavior analyst by the Behavior Analyst
Certification Board, Inc., or any successor in interest to that organization;
(3) Has not been convicted of a felony or a misdemeanor involving moral turpitude as defined
in subdivision 22-1-2(25) during the past five years; and
(4) Has submitted verification that the applicant is not subject to any disciplinary proceeding
or pending complaint before any other licensing board unless the board considers such
proceeding or complaint and agrees to licensure.
Section 8. That the code be amended by adding a NEW SECTION to read:
The application fee for a license to practice applied behavior analysis shall be set by the board
in rules promulgated pursuant to chapter 1-26. The fee may not exceed three hundred dollars. The
applicant shall pay fees for the cost of certification directly to the Behavior Analyst Certification
Board, Inc. No fee assessed on a licensed social worker may be increased to support the licensure
of a behavior analyst as required under this Act.
Section 9. That the code be amended by adding a NEW SECTION to read:
In applying for licensing, an applicant shall apply on a form prescribed by the board. The
application shall be witnessed and notarized by a notary public. The license fee shall accompany the
application. The application and all supporting evidence shall be public record as provided in chapter
1-27.
Section 10. That the code be amended by adding a NEW SECTION to read:
After a behavior analyst applicant presents evidence of certification, the applicant shall pay a fee
for initial licensure set by the board, in rules promulgated pursuant to chapter 1-26, not to exceed
three hundred fifty dollars.
Section 11. That the code be amended by adding a NEW SECTION to read:
The board shall adopt a code of ethics for behavior analysts licensed under this Act.
Section 12. That the code be amended by adding a NEW SECTION to read:
The board may deny, revoke, suspend, or cancel any license or application for licensure to
practice as a behavior analyst and may take other disciplinary or corrective action as the board deems
appropriate upon any of the following grounds:
(1) The licensee or applicant is guilty of fraud in the practice of applied behavior analysis or
fraud or deceit in the licensee's admission to practice applied behavior analysis;
(2) The licensee or applicant has been convicted of a felony or misdemeanor involving moral
turpitude as defined in subdivision 22-1-2(25) during the past five years;
(3) The licensee or applicant is or has been engaged in the practice of applied behavior
analysis 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 an extent as to incapacitate the licensee or applicant from the performance
of the licensee's or applicant's professional duties;
(5) The physical or mental condition of the licensee or applicant is determined, by a
competent medical examiner, to jeopardize or endanger a person who seeks relief of the
licensee or applicant. A majority of the entire 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 constitutes
immediate grounds for suspension of the licensee's license or denial of the application for
licensure;
(6) The licensee or applicant for licensure has been found in violation of the code of ethics
adopted by the board;
(7) The licensee or applicant has obtained or attempted to obtain a license, certificate, or
renewal thereof by bribery or fraudulent representation;
(8) The licensee or applicant knowingly made a false statement in connection with any
application required by this Act;
(9) The licensee or applicant knowingly made a false statement on any form promulgated
pursuant to this Act;
(10) The licensee or applicant has violated any provision of this Act or the rules promulgated
under this Act; or
(11) The licensee's or applicant's certificate, license, or permit has been cancelled, revoked,
suspended, or rejected for renewal in any other state for any cause.
Section 13. That the code be amended by adding a NEW SECTION to read:
If the board has information that any licensee may be guilty of any misconduct as provided in
section 12 of this Act or is guilty of gross incompetence or unprofessional or dishonorable conduct,
the board may institute proceedings for cancellation or revocation of the license.
Section 14. That the code be amended by adding a NEW SECTION to read:
Each proceeding relative to the cancellation, revocation, or suspension of a license, or relative
to reissuing a license which has been cancelled, revoked, or suspended may only be held if a majority
of the members of the board are present at the hearing. The decision of the board to suspend, revoke,
or cancel a license requires a majority vote of all of the board members.
Section 15. That the code be amended by adding a NEW SECTION to read:
All proceedings relative to the cancellation, revocation, or suspension of a license shall conform
to the procedure set forth in chapter 1-26.
Section 16. That the code be amended by adding a NEW SECTION to read:
Any party aggrieved by any acts, rulings, or decisions of the board relating to refusal to grant or
to cancellation, revocation, or suspension of a license may appeal pursuant to chapter 1-26.
Section 17. That the code be amended by adding a NEW SECTION to read:
Upon written application establishing compliance with existing licensing requirements and for
reasons the board deems sufficient, the board, for good cause by majority vote, may reinstate or
reissue a license that has been canceled, suspended, or revoked. However, upon suspension of a
license, the board in the order may provide for automatic reinstatement after a fixed period of time
as provided in the order.
Section 18. That the code be amended by adding a NEW SECTION to read:
The secretary-treasurer of the board shall keep a record of each person who has been granted a
license pursuant to the provisions of this Act, the license number, and the date the license was issued
or renewed. The record may be admitted as evidence in any court.
Section 19. That the code be amended by adding a NEW SECTION to read:
Any person who practices as a behavior analyst in this state without a license issued by the board
is guilty of a Class 2 misdemeanor.
Section 20. That the code be amended by adding a NEW SECTION to read:
In addition to the duties set forth elsewhere in this Act, the board shall:
(1) Recommend prosecution for any violation of this Act to the appropriate state's attorney;
or
(2) Recommend to the attorney general the bringing of a civil action to seek injunction and
other relief against any violation of this Act.
Section 21. That the code be amended by adding a NEW SECTION to read:
The board shall investigate each suspected violation of this Act and shall report the violation to
the proper law enforcement official where the act is committed. The board is authorized to employ
special counsel subject to the supervision, control, and direction of the attorney general to assist in
the prosecution of violations of this Act, and to expend the necessary funds for such purpose.
Section 22. That the code be amended by adding a NEW SECTION to read:
Any person violating the provisions of this Act may be enjoined from further violations at the
suit of the state's attorney of the county where the violations occurred or suit may be brought by any
citizen of this state. An action for injunction shall be an alternate to criminal proceedings, and the
commencement of one proceeding by the board constitutes an election.
Section 23. That the code be amended by adding a NEW SECTION to read:
Any money coming into the custody of the board pursuant to this Act shall be credited to the
South Dakota Board of Social Work Examiners fund established under § 36-26-43.
Section 24. That the code be amended by adding a NEW SECTION to read:
The relations and communications between a licensed behavior analyst and a person consulting
a licensed behavior analyst in the person's professional capacity are confidential. Nothing in this Act
may be construed to require the person's confidential communications to be disclosed.
Section 25. That the code be amended by adding a NEW SECTION to read:
Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis
services under the extended authority and direction of a behavior analyst shall submit to a criminal
background investigation, by means of fingerprint checks by the Division of Criminal Investigation
and the Federal Bureau of Investigation. If no disqualifying record is identified at the state level, the
fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of
Investigation for a national criminal history check. The behavior analyst who supervises the assistant
behavior analyst or paraprofessional is responsible for any fees charged for the cost of fingerprinting
or the criminal background investigation as required by this section. Each criminal record provided
to the board under this section is confidential. The board may use the records only in determining
an assistant behavior analyst's or paraprofessional's eligibility to be supervised by an applied
behavior analyst for the delivery of applied behavior analysis.
Section 26. That the code be amended by adding a NEW SECTION to read:
No assistant behavior analyst or paraprofessional who has been convicted of a felony or
misdemeanor involving moral turpitude as defined in subdivision 22-1-2(25) during the past five
years may deliver applied behavior analysis services under the direction of a behavior analyst.
Section 27. That the code be amended by adding a NEW SECTION to read:
The board may promulgate rules, pursuant to chapter 1-26, that delineate qualifications for
licensure, specify requirements for the annual renewal of licensure, establish standards of
professional conduct, specify procedures for violations of professional conduct, permit inactive
licensures, establish procedures for collection and management of fees and payments, establish fees
for initial applications and annual licensure not to exceed the amounts specified in this Act,
delineate activities that may or may not be delegated to an assistant behavior analyst or
paraprofessional, and specify requirements for supervision of assistant behavior analysts and
paraprofessionals.
Section 28. This Act is repealed on July 1, 2024.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\199.wpd
AGRICULTURE AND HORTICULTURE
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\200.wpd
CHAPTER 200
(HB 1018)
Commercial fertilizer revisions.
ENTITLED, An Act to define certain terms related to commercial fertilizer and soil amendments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-19-1 be amended to read:
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, including manipulated manure, 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;
(13A) "Manipulated manure," any animal or vegetable manure collected or stored in a manner
consistent with practices commonly implemented in agricultural production that has been
subjected to practices including composting, mechanical dewatering, or pelletizing or
altered in any way to change chemical, physical, or biological characteristics;
(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;
(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;
(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;
(27) "Ton," a net weight of two thousand pounds avoirdupois.
Section 2. That § 38-19A-1 be amended to read:
38-19A-1. Terms as used in this chapter, unless the context otherwise requires, shall mean:
(1) "Brand," any trademark, product name, or other specific designation under which any
individual soil amendment is offered for sale;
(2) "Bulk," nonpackaged form;
(3) "Distributing," importing, consigning, manufacturing, producing, compounding, mixing
or blending any soil amendment, or offering for sale, selling, bartering, or otherwise
supplying any soil amendment in this state;
(4) "Distributor," any person who distributes any soil amendment in this state;
(5) "Investigational allowance," any allowance for variations inherent in the taking,
preparation and analysis of an official sample of a soil amendment;
(6) "Label," any display of all written, printed, or graphic matter upon the immediate
container or statement accompanying a soil amendment;
(7) "Labeling," any written, printed, or graphic matter, upon or accompanying any soil
amendment, or advertisements, brochures, posters, or television or radio announcements
used in promoting the sale of such soil amendment;
(7A) "Manipulated manure," any animal or vegetable manure collected or stored in a manner
consistent with practices commonly implemented in agricultural production that has been
subjected to practices including composting, mechanical dewatering, or pelletizing or
altered in any way to change chemical, physical, or biological characteristics;
(7B) "Microbe," any microbiological organism or mixture of microbiological organisms
intended to produce any physical, chemical, biochemical, biological, or other change in
the soil;
(8) "Minimum percentage," that percentage of soil amendment ingredient that shall be present
in a product before the product may be accepted for registration when distributed in any
form or manner;
(9) "Official sample," any sample of a soil amendment taken by the secretary and so
designated;
(10) "Percent," percentage by weight;
(11) "Registrant," any person who shall register any soil amendments under the provisions of
this chapter;
(12) "Secretary," the secretary of the Department of Agriculture of the State of South Dakota;
(13) "Soil amending ingredient," any substance which will improve the physical, chemical, or
other characteristic of the soil or improve crop production;
(14) "Soil amendment," any substance which is intended to improve the physical, chemical,
or other characteristics of the soil or improve crop production, except the following:
commercial fertilizer, unmanipulated animal manures, unmanipulated vegetable manures,
pesticides, lime or lime sludge produced by a water treatment facility, sewage sludge, as
defined in § 38-19-1, and compost as defined in § 38-19-1;
(15) "Soil ingredient form," any ingredient or the chemical compound of an ingredient;
(16) "Ton," two thousand pounds avoirdupois net weight;
(17) "Weight," the weight of that material offered for sale.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\200.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\201.wpd
CHAPTER 201
(HB 1094)
Commercial fertilizer inspection fee increased
for fertilizer-related research.
ENTITLED, An Act to increase the commercial fertilizer inspection fee for purposes of fertilizer-related research and education and to create the Nutrient Research and Education Council to
promote such research and education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-19-10 be amended to read:
38-19-10. There is paid Each licensed distributor of commercial fertilizer shall pay to the
secretary of agriculture for all commercial fertilizer distributed in this state an inspection fee of up
to twenty-five cents per ton in accordance with the provisions of § 38-19-12, not to exceed seventy-five cents per ton. The secretary of agriculture shall promulgate rules pursuant to chapter 1-26 to
establish the inspection fee.
Section 2. That ARSD 12:44:06:01 be amended to read:
12:44:06:01. Commercial fertilizer tonnage inspection fee. The commercial fertilizer tonnage
inspection fee is
fifteen sixty-five cents a ton, except the fee is
five fifty-five cents a ton on products
that are made up entirely of manipulated animal manure.
Section 3. That § 38-19-14 be amended to read:
38-19-14. Fees collected pursuant to this chapter shall be deposited with the state treasurer in a
special revenue fund known as the fertilizer fund. This fund shall consist of moneys from public and
private sources including legislative appropriations, federal grants, gifts, and the fees received
pursuant to this chapter. The fund shall be maintained separately and be administered by the
department in order to defray the expenses of all activities associated with administering the fertilizer
program and to provide funding for fertilizer-related, nutrient-related, and water quality-related
research and education-related purposes as provided in section 4 of this Act. Expenditures from the
fund shall be appropriated through the normal budget process. Unexpended funds and interest shall
remain in the fund until appropriated by the Legislature.
Section 4. That chapter 38-19 be amended by adding a NEW SECTION to read:
From each fee collected pursuant to § 38-19-10, fifty cents shall be deposited into the nutrient
research and education fund created in section 7 of this Act. The nutrient and education fund shall
be disbursed as follows:
(1) The Agriculture Experiment Station may use an amount not to exceed five percent of the
revenue deposited in the fund for administrative expenses necessary to carry out the
functions of this Act;
(2) The balance of the fund shall be used for fertilizer-related, nutrient-related, and water
quality-related research and education purposes in conjunction with the Nutrient Research
and Education Council; and
(3) Beginning in fiscal year 2020, a minimum of ten percent of the fund shall be used to
support water quality projects.
Section 5. That chapter 38-19 be amended by adding a NEW SECTION to read:
The Nutrient Research and Education Council is hereby established. The council shall consist
of nine voting members, including three representing the fertilizer industry, two representing grower
organizations, one representing the state's largest commodity organization, one representing the
specialty fertilizer industry, one representing the certified agronomy association, and one farmer
member of the State Conservation Commission. The council shall also include five nonvoting
members: two representing environmental organizations, one representing the director of the South
Dakota Agricultural Experiment Station, one representing the secretary of the Department of
Agriculture, and one representing the secretary of the Department of Environment and Natural
Resources. The certified agronomy association and any association or organization representing the
fertilizer industry, growers, and the environment may submit nominations to the secretary of
agriculture for their respective members. The secretary shall select from these nominations the
members of the council. Members of the council may receive no compensation, but members may
be reimbursed for travel and subsistence expense in accordance with rules promulgated by the State
Board of Finance. The council shall meet at least twice each year. The council shall be administered
under the direction and supervision of the South Dakota Agricultural Experiment Station, but retains
the respective quasi-judicial, quasi-legislative, advisory, other nonadministrative and special
budgetary functions as defined in § 1-32-1 otherwise vested in the council. The council shall exercise
those functions independently of the South Dakota Agricultural Experiment Station.
Section 6. That chapter 38-19 be amended by adding a NEW SECTION to read:
The Nutrient Research and Education Council established in section 5 of this Act, acting in
cooperation and conjunction with the South Dakota Agricultural Experiment Station, shall:
(1) Prioritize nutrient research, water quality research, and education proposals and solicit
research proposals to generate findings and make recommendations to the council based
on the findings;
(2) Evaluate the proposed budget for each research project and make recommendations as
necessary;
(3) Arrange for peer review of all research proposals for scientific merit and methods;
(4) Disseminate the findings of all research projects to the appropriate agricultural sector in
the manner deemed most effective; and
(5) Cooperate with other programs with similar goals, if practicable.
The council shall publish an annual financial and activities report, including the amount of funds
collected and expenditures for nutrient programs.
Section 7. That chapter 38-19 be amended by adding a NEW SECTION to read:
There is hereby created a nutrient research and education fund for the purpose of advancing
fertilizer-related, nutrient-related, and water quality-related purposes as provided in section 4 of this
Act. Any money in the nutrient research and education fund is continuously appropriated to the
Agriculture Experiment Station. The state may accept and expend for the purposes of this Act funds
obtained from appropriations or any other source. Interest earned on money in the fund shall be
deposited into the fund. Any money deposited into and distributed from the fund shall be set forth
in an informational budget as described in § 4-7-7.2.
Signed March 16, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\201.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\202.wpd
CHAPTER 202
(SB 16)
Nursery inspection fees increased.
ENTITLED, An Act to establish a fee for a nursery license and to increase fees for nursery
inspection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-24B-7 be amended to read:
38-24B-7. The Department of Agriculture department may issue a certificate of inspection
license to any nurseryman, operating as a resident nurseryman or dealer, whose nursery stock has
been officially inspected and found to be viable and free from pests. The biennial annual fee for the
inspection and certification license is as follows:
(1) Resident nurseryman: three hundred fifty dollars plus ten two hundred dollars for each
acre over one acre of field-grown inspected plants and ten dollars for each ten thousand
square feet of container-grown plants, except. However, the fee for a resident nurseryman
with less than five thousand dollars in gross sales on nursery stock is seventy-five forty-two dollars plus ten dollars for each acre over one of field-grown inspected plants and ten
dollars for each ten thousand square feet of container-grown plants and fifty cents;
(2) Nursery stock dealer with less than five thousand dollars annual gross sales of nursery
stock: one hundred twenty-five seventy dollars;
(3) Nursery stock dealer with more than five thousand but less than twenty thousand dollars
annual gross sales of nursery stock: two hundred one hundred fifteen dollars; or
(4) Nursery stock dealer with more than twenty thousand dollars annual gross sales of nursery
stock:
three hundred fifty two hundred dollars .
Section 2. The department may issue a certificate of inspection to any nurseryman or dealer
whose nursery stock has been officially inspected and found to be viable and free from pests. The
inspection fee shall be two hundred and fifteen dollars per inspection.
Section 3. That § 38-24B-5 be amended to read:
38-24B-5. No person may sell, offer for sale, or distribute any nursery stock which has not been
officially inspected and for which a certificate of inspection has not been granted until the person has
obtained a license from the secretary. A violation of this section is a Class 2 misdemeanor.
Section 4. That § 38-24B-6 be amended to read:
38-24B-6. Any nurseryman desiring to sell or ship nursery stock in the state shall make
application before the first day of March to the Department of Agriculture for inspection of his
nursery stock, and anyone failing to comply with this section is liable for extra charges to cover
travel expenses for the department for a license.
Section 5. That § 38-24B-8 be amended to read:
38-24B-8. A separate certificate of inspection license shall be obtained from the department for
each location before selling, offering, or exposing nursery stock for sale. The certificate of inspection
license shall be displayed in a prominent manner wherever nursery stock is offered for sale. A
violation of this section is a Class 2 misdemeanor.
Section 6. That § 38-24B-11 be amended to read:
38-24B-11. No certificate of inspection or license may be issued to an applicant who purchases
his nursery stock from an uncertified nursery in this state or from a nonresident nursery or nursery
stock dealer whose stock has not been inspected and certified by the regulatory official of the state
of origin.
Section 7. That § 38-24B-12 be amended to read:
38-24B-12. Any grower or dealer of decorative plants, annual plants, sod, or related plant
products may apply to the department for a certificate of inspection. The Department of Agriculture
department may issue a certificate of inspection to the person whose decorative plants, annual plants,
sod, or related plant products have been officially inspected and found free from pests. The fee for
inspection and certification is two hundred fifty one hundred forty dollars plus five dollars for each
acre of growing field and five dollars for each ten thousand square feet of growing greenhouse.
Section 8. That § 38-24B-13 be amended to read:
38-24B-13. The secretary of agriculture may revoke a certificate of inspection license for cause
following a hearing pursuant to chapter 1-26. The secretary may issue a temporary cease and desist
order pending the hearing. At least ten days notice shall be given prior to conducting a hearing
pursuant to this section.
Section 9. That § 38-24B-14 be amended to read:
38-24B-14. A certificate license issued pursuant to the provisions of this chapter is in effect for
a period not to exceed two years one year and expires on December thirty-first of the year following
the date of issue.
Section 10. That § 38-24B-29 be amended to read:
38-24B-29. If a nurseryman violates the provisions of this chapter, he may have his certificate
of inspection the nurseryman's license may be cancelled or revoked pursuant to chapter 1-26. In
addition, any person is liable in a civil action for all damage that is occasioned or caused by a
violation of this chapter.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\202.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\203.wpd
CHAPTER 203
(SB 17)
Appropriation to suppress wildfires.
ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires 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 one million three
hundred thousand dollars ($1,300,000), or so much thereof as may be necessary, to the state fire
suppression special revenue fund for costs related to the suppression of wildfires in South Dakota.
Section 2. The secretary 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 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\203.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\204.wpd
CHAPTER 204
(HB 1080)
Appropriation to fund a design study
for the State Animal Disease Research and Diagnostic Laboratory.
ENTITLED, An Act to make an appropriation and to transfer certain money to the Bureau of
Administration to fund a design study for a potential expansion and upgrade to the State Animal
Disease Research and Diagnostic Laboratory and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated the sum of one million five hundred seventy-five
thousand dollars ($1,575,000), or so much thereof as may be necessary, in other fund expenditure
authority to the Bureau of Administration to be used for a design study for a potential expansion and
upgrade to the State Animal Disease Research and Diagnostic Laboratory.
Section 2. Notwithstanding the provisions of § 40-15-38, the state treasurer shall transfer from
the livestock disease emergency fund the sum of one million five hundred seventy-five thousand
dollars to the Bureau of Administration.
Section 3. 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 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 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\204.wpd
ANIMALS AND LIVESTOCK
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\205.wpd
CHAPTER 205
(HB 1019)
Milk sampling, grading, and licensing.
ENTITLED, An Act to revise certain provisions related to milk sampling and grading licenses and
tester and grader licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 40-32-13 be amended to read:
40-32-13. Applications An application for a sampling and grading license shall be made on forms
prescribed and provided by the secretary of agriculture. A fee of fifty dollars shall be submitted with
the application. A license shall be issued to persons for sampling and grading of milk at a milk plant,
or for the operator of a bulk tank truck picking up milk at the farm, upon satisfactory completion of
that part of the an examination pertaining to sampling and grading, and upon receipt of the
application and a fee of fifty dollars. These licenses and an evaluation of sampling methods. Each
license shall be stamped, "For sampling and grading only." "Sampler Only" or "Bulk Hauler."
Section 2. That § 40-32-14 be amended to read:
40-32-14. After successful completion of the examination required by §§ 40-32-12 and 40-32-13,
the secretary of agriculture shall issue a tester and grader's license which shall be valid for one year
from date of issue, unless suspended or revoked. Should any applicant fail to qualify, the secretary
shall refund three dollars of the fee advanced as license fee or sampling and grading license. Each
license is valid for one year or any fraction thereof and terminated on July first of each year.
Section 3. That § 40-32-15 be amended to read:
40-32-15. The secretary of agriculture may withhold a tester and grader's license or a sampling
and grading license from any applicant he may deem unworthy who does not meet the licensing
requirements.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\205.wpd
GAME, FISH, PARKS, AND FORESTRY
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\206.wpd
CHAPTER 206
(HB 1010)
Department of Game, Fish and Parks
may make capital improvements.
ENTITLED, An Act to revise certain provisions relating to the development of park and recreational
improvements on lands leased to the Department of Game, Fish and Parks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-2-25 be amended to read:
41-2-25. The Department of Game, Fish and Parks shall may make capital improvements that
the Game, Fish and Parks Commission deems necessary or proper for the extension, improvement,
or development of state parks and recreation areas on all leased lands owned by the United States
government and the State of South Dakota that the Game, Fish and Parks Commission deems
necessary or proper for the extension, improvement, or development of state parks and recreation
areas. However, the capital expenditures for such capital improvements on leased lands, other than
those owned by the United States government or State of South Dakota, may not exceed the sum of
one thousand five hundred dollars for any leased area upon which twenty-five years or less remain
on the lease. No capital expenditures may be made on leased lands for the purposes of this title that
lie within the boundaries of the Black Hills Fire Protection District. The authority provided in this
section is in addition to the limits prescribed under § 5-14-10 land leased by the department. The
provisions of § 5-14-10 do not apply to this section.
Signed February 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\206.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\207.wpd
CHAPTER 207
(HB 1011)
Game preserve and refuges unnecessary statutes repealed.
ENTITLED, An Act to repeal certain obsolete and unnecessary statutes concerning game preserves
and refuges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-5-5 be repealed.
Section 2. That § 41-5-6 be repealed.
Section 3. That § 41-5-7 be repealed.
Section 4. That § 41-5-8 be repealed.
Section 5. That § 41-5-9 be repealed.
Signed February 18, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\207.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\208.wpd
CHAPTER 208
(SB 71)
Veterans reduced fee hunting licenses.
ENTITLED, An Act to revise the provisions regarding the issuance of small game licenses and
fishing licenses to certain veterans at reduced fees and to revise certain provisions regarding
special pheasant hunts for disabled veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-6-10.2 be amended to read:
41-6-10.2. Any resident who meets the requirements of this section may apply to the licensing
office of the Department of Game, Fish and Parks in Pierre and receive a resident small game license
and a resident fishing license upon payment of a reduced fee to be established by the Game, Fish and
Parks Commission in rules promulgated pursuant to chapter 1-26. A resident is eligible for the
reduced fee if the resident:
(1) Receives a veterans allotment for a total forty percent or more disability which is deemed
a service-connected injury or has received the United States Veterans' Administration K
Award;
(2) Has served on active duty in the armed forces of the United States or has served as a
member of the armed forces reserve or national guard, and the resident is totally forty
percent or more disabled for the purposes of receiving social security benefits;
(3) Was held as a prisoner of war; or
(4) Has a total disability as defined by rules promulgated by the Game, Fish and Parks
Commission.
The resident small game license and the resident fishing license are valid for a period of four
calendar years if the licensee remains a resident of the state. A veteran may provide proof at the time
of application of receipt of such an allotment, social security disability benefits, or award. Any other
applicant shall provide proof of
total any disability on a form provided by the Department of Game,
Fish and Parks.
Section 2. That § 41-11-5.5 be amended to read:
41-11-5.5. Any nonprofit organization may establish a special one-day one-or-two-day pheasant
hunt in which disabled veterans of the United States Armed Forces may participate. The special
one-day one-or-two-day pheasant hunt may be held before or during the regular pheasant season. No
fee may be charged to participants in any such special one-day one-or-two-day pheasant hunt, by
either the state or the sponsoring organization. The Game, Fish and Parks Commission shall
promulgate rules, pursuant to chapter 1-26, to administer the special one-day one-or-two-day
pheasant hunts authorized in this section.
For the purposes of this section a disabled veteran of the United States Armed Forces is a
resident or nonresident who meets one of the criteria established in subdivisions 41-6-10.2(1) or (2).
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\208.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\209.wpd
CHAPTER 209
(SB 58)
Restrictions for the use of night-vision equipment for hunting.
ENTITLED, An Act to revise certain restrictions for the use of night-vision equipment for hunting
under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-8-17 be amended to read:
41-8-17. During the time from sunset to sunrise, no person may use or possess night-vision
equipment or throw or cast the rays of a spotlight, headlight, or other artificial light on any highway,
or in any field, pasture, woodland, forest, or prairie, for the purpose of spotting, locating, or taking
or attempting to take or hunt any animal while having in possession or control any firearm, bow or
other implement whereby any game could be killed. However:
(1) A person may use a hand held light while on foot, to take raccoons after they have been
treed by dogs;
(2) A landowner or occupant and one guest no more than two guests accompanied by the
landowner or occupant may use an artificial light and night vision equipment on the
owner's or occupant's land, with a shotgun using shot shells only or a firearm using a
rimfire cartridge in the taking of jackrabbits, coyotes, beaver during its hunting season,
foxes, raccoons, opossums, badgers, skunks, or rodents; and
(3) A landowner or occupant, eighteen years of age or older, and no more than two guests
accompanied by the landowner or occupant may use night vision equipment on the
owner's or occupant's land, a firearm using a cartridge with a bullet diameter below .225
inches, in the taking of jackrabbits, coyotes, beaver during its hunting season, foxes,
raccoons, opossums, badgers, skunks, or rodents; and
(4) Any person employed by the Department of Game, Fish and Parks performing animal
damage control may use night-vision equipment and artificial lights in the performance
of the person's duty. In the taking of animals causing damage the employee shall obtain
permission from the owner or lessee of such land.
For the purposes of this section, night-vision equipment is an optical device utilizing light
amplifying circuits that are electrical or battery powered. The provisions of this section do not apply
to a law enforcement officer in the performance of the officer's duty.
A violation of this section is a Class 2 misdemeanor.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\209.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\210.wpd
CHAPTER 210
(SB 107)
Safety zone restrictions on hunting.
ENTITLED, An Act to clarify certain safety zone restrictions on hunting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-9-1.1 be amended to read:
41-9-1.1. Except for controlled access facilities as defined in § 31-8-1, interstate highways,
unimproved section lines not commonly used as public rights-of-way, and highways within parks
or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction
of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, § 41-9-1
does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this
state that meet the requirements of § 41-9-1.3. For purposes of this section, hunting on highways or
other public rights-of-way includes:
(1) The shooting at or taking by legal methods of small game, except mourning dove, that are
located within the boundaries of the highway or public right-of-way; and
(2) The shooting at or taking by legal methods of small game, except mourning dove, that are
in flight over private land if the small game has either originated from or has taken flight
from the highway or public right-of-way or if the small game is in the process of flying
over the highway or public right-of-way.
If subdivision (2) of this section is declared by an advisory opinion or adjudication of the South
Dakota Supreme Court to be a taking of private property requiring compensation, subdivision (2)
is void.
No person, except the adjoining landowner or any person receiving written permission from the
adjoining landowner,
Only the owner of the occupied dwelling, church, or schoolhouse; the owner
of livestock; or a person who has written permission from the owner of the occupied dwelling,
church, or schoolhouse, or the owner of the livestock may use such highways or rights-of-way for
the purposes of discharging any firearm or for the purposes of hunting defined in this title within a
six hundred sixty-foot safety zone surrounding an occupied dwelling, a church, schoolhouse, or
livestock.
Neither the person discharging No other person may discharge a firearm at small game
nor
the small game being shot at may be within the safety zone. No person, except the adjoining
landowner or any person receiving written permission from the adjoining landowner, may use such
highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied
dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person
is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied
dwelling, church, or schoolhouse for which
such that distance has been clearly and accurately
marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting
privileges for a period of one year from the date of conviction. The sentencing court may order the
revocation of hunting privileges authorized by this section to be served consecutively with any other
revocation of the person's hunting privileges imposed for a violation for which the person is
convicted and for which revocation of the privileges is authorized under this title.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\210.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\211.wpd
CHAPTER 211
(HB 1075)
Nonresident waterfowl licenses, rule amended.
ENTITLED, An Act to revise the area for certain open units where nonresident waterfowl licenses
are issued.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That ARSD 41:06:16:11 be amended to read:
41:06:16:11. Maximum number of nonresident waterfowl licenses -- Open units -- Dates --
License restrictions. The maximum number of nonresident waterfowl licenses to be issued by lottery
is 4,000 special nonresident waterfowl licenses, 2,000 early fall Canada goose temporary nonresident
licenses, 2,000 fall three-day temporary nonresident waterfowl licenses, 100 nonresident youth
waterfowl licenses, and 10,000 spring snow goose temporary nonresident licenses divided for
administrative purposes as follows:
(1) Unit NRW-00A: the counties of Union, Clay, Yankton, Bon Homme, and Charles Mix. No
more than 250 special nonresident waterfowl licenses may be issued;
(2) Unit NRW-00B: all open counties not in Units NRW-00A or NRW-11A. No more than
3,725 special nonresident waterfowl licenses may be issued;
(3) Unit NRW-00C: those counties as described in § 41:06:50:02. No more than 2,000 early fall
Canada goose temporary nonresident waterfowl licenses may be issued;
(4) Unit NRW-11A: Bennett County. No more than 25 special nonresident waterfowl licenses
may be issued. The season in this unit is open for 65 consecutive days beginning on the third
Saturday of October and during any period that Bennett County is open in January as described in
subdivision 41:06:16:07(3);
(5) Unit NRW-00X: the counties of Campbell, Edmunds, Faulk, McPherson, Walworth, Potter,
Stanley, Sully, Hughes, and Lyman. No more than 1,500 fall three-day temporary nonresident
waterfowl licenses may be issued. These The licenses issued pursuant to this subdivision in Potter,
Stanley, Sully, Hughes, and Lyman are valid only on private property as provided by SDCL
41-6-18.4;
(6) Unit NRW-00Y: the counties of Brown, Marshall, Roberts, Day, Grant, Clark, Codington,
Deuel, and Hamlin. No more than 500 three-day temporary nonresident waterfowl licenses may be
issued;
(7) Unit NRW-ST1: statewide. No more than 10,000 spring snow goose temporary nonresident
licenses may be issued. These The licenses issued pursuant to this subdivision are valid only during
a Conservation Order;
(8) Unit NYW-YW1: statewide. No more than 100 nonresident youth waterfowl licenses may
be issued for the youth waterfowl season established in Chapter 41:06:09. A nonresident youth may
also hunt during the youth waterfowl season with a valid waterfowl hunting license as provided for
in this section.
Licenses issued under this section are valid only in the unit for which they are issued. Licenses
for Unit NRW-11A include two tags for Canada geese. Each tag is valid for taking one Canada goose
consistent with the provisions of § 41:06:16:09. Each goose must shall be tagged immediately upon
retrieval. The tag must shall be attached to the goose as instructed on each tag.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\211.wpd
RECREATION AND SPORTS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\212.wpd
CHAPTER 212
(HB 1057)
South Dakota Commission on Gaming rule-making revised.
ENTITLED, An Act to revise the rule-making authority of the South Dakota Commission on
Gaming.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 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, slot machines, craps, roulette, and keno as allowed and
regulated by this chapter;
(6A) "Gaming device," a poker table, 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 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 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;
(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 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 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, craps tables, roulette tables, or a keno number selection device, engages in the
business of placing and operating poker tables, blackjack tables, slot machines, craps
tables, roulette tables, or a keno number selection device within the 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 2. 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 limited card
games, slot machines, craps, roulette, or keno that may be placed in any building or retail business,
conduct, and operation of limited card games, slot machines, craps, roulette, or keno, variations of
limited card games, craps or roulette, 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 deems
necessary and proper. 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.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\212.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\213.wpd
CHAPTER 213
(SB 42)
South Dakota Athletic Commission fees revised.
ENTITLED, An Act to increase certain fees for boxing, kickboxing, and mixed martial arts
competitions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-12-10 be amended to read:
42-12-10. The commission shall promulgate rules, pursuant to chapter 1-26, to:
(1) Govern the conduct of boxing, kickboxing, and mixed martial arts competitions, and
sparring exhibitions;
(2) Establish registration criteria and registration fees for all boxers, kickboxers, and mixed
martial artists who participate in competitions and sparring exhibitions governed by the
commission;
(3) Establish license criteria and license fees for all promoters, managers, and matchmakers
of boxing, kickboxing, or mixed martial arts competitions;
(4) Establish registration requirements for all boxing, kickboxing, or mixed martial arts
competitions or sparring exhibitions held in the state;
(5) Establish the written records to be maintained for all competitions and sparring
exhibitions conducted in the state;
(6) Establish a fee based on the percentage of gross revenues from any boxing, kickboxing,
or mixed martial arts competition or sparring exhibition held in the state to cover the
expenses of the South Dakota Athletic Commission. The fee established under this
subdivision may not exceed five percent of the gross revenues of the exhibition from any
and all sources including cable television and pay-per-view telecasts of the event,
exclusive of any federal tax. However, in no event may the fee be less than one thousand
dollars the commission may establish and impose a minimum exhibition fee not to exceed
five thousand dollars to cover the expenses of the South Dakota Athletic Commission;
(7) Establish criteria for approved bona fide educational institutions or national amateur
boxing, kickboxing, or mixed martial arts associations for purposes of being exempted
from the provisions of this chapter;
(8) Establish procedures for disciplinary proceedings; and
(9) Establish procedures for receiving and conducting complaint investigations.
Section 2. That ARSD 20:81:02:03 be amended to read:
20:81:02:03. Contest fees. For each approved contest, the promoter shall pay a fee of
one three
thousand dollars or five percent of the gross revenue of the contest, whichever is greater. At the time
of application to register a contest, the promoter applying for registration shall submit a fee of one
thousand dollars. The fee is refundable if the application is denied. If the application is approved,
the submitted fee shall be applied to any the remaining contest fee owed to the commission.
The commission shall provide forms for the calculation and payment of contest fees due
to the
commission based on the gross revenue of the contest as set forth in § 20:81:07:05.
The promoter shall pay the remaining contest fee due to the commission within thirty days
of the
completion of the event.
Signed March 9, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\213.wpd
PROPERTY
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\214.wpd
CHAPTER 214
(HB 1082)
The list of navigable streams requiring gates, codified.
ENTITLED, An Act to codify the list of navigable streams requiring gates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-17-34 be amended to read:
43-17-34. A stream, or portion of a stream, is navigable if it can support a vessel capable of
carrying one or more persons throughout the period between the first of May to the thirtieth of
September, inclusive, in two out of every ten years. A dry draw, as defined in § 46-1-6, is not
navigable. This section does not apply to any stream or portion of a stream which is navigable
pursuant to federal law. Any person may petition the Water Management Board for a declaratory
ruling as to the navigability of any stream, or portion of a stream, in this state. The Water
Management Board may charge the petitioner a fee not to exceed two hundred fifty dollars to defray
the costs of preparing the declaratory ruling. Neither this section nor any declaratory ruling made
pursuant to this section grants, creates, recognizes, conveys, removes, or diminishes The provisions
of §§ 43-17-34 to 43-17-36, inclusive, and § 43-17-38 do not grant, create, recognize, convey,
remove, or diminish any right or title to property. The provisions of this section apply only to the
implementation of §§ 43-17-35 to 43-17-37 and 43-17-38, inclusive.
Section 2. That § 43-17-37 be repealed.
Section 3. That § 43-17-38 be amended to read:
43-17-38. A gate or opening constructed pursuant to § 43-17-36 is required in any fence that
crosses any stream or portion of any stream that is navigable pursuant to § 43-17-34 and that has
been designated by the Water Management Board as requiring a gate or opening pursuant to § 43-17-39. A gate or opening constructed pursuant to § 43-17-36 is required in any fence that may be
constructed across any of the following streams or portions of such streams:
(1) Big Sioux River from the Grant-Codington County boundary to a point five miles north
of the Missouri River in Union County;
(2) Turtle creek, from Highway 26 to the James River, located in Spink County;
(3) Elm River, from Elm Lake to the James River, located in Brown County;
(4) Moccasin Creek, from 18th Avenue southwest to 8th Avenue northwest in the City of
Aberdeen, located in Brown County;
(5) North fork of Whetstone River, from Highway 15 near Wilmot to the Minnesota state
boundary, located in Roberts and Grant Counties;
(6) Flandreau Creek, from the Minnesota state boundary to the Big Sioux River, located in
Moody County;
(7)(6) Vermillion River, from Lake Vermillion to the Missouri River;
(8)(7) East fork of the Vermillion River, from Interstate 90 to Lake Vermillion, located in
McCook County;
(9)(8) Splitrock Creek, from the Minnesota state boundary to the Big Sioux River, located in
Minnehaha County;
(10)(9) Firesteel Creek, that portion located in Davison County;
(11)(10) Little White River, from the Bennett-Todd County boundary to the White River,
located in Todd and Mellette Counties;
(12)(11) White River, from the Nebraska state boundary to the Missouri River;
(13)(12) Bad River, from the Stanley-Jones County boundary to the Missouri River, located
in Stanley County;
(14)(13) Cheyenne River, from the Wyoming state boundary Hat Creek to the Angostura
Dam in Fall River County, and from Custer-Fall River County boundary to
Highway 44 in Pennington County, and from the confluence of the Belle Fourche-Cheyenne Rivers to the Missouri River;
(15)(14) Moreau River, from Highway 63 to the Missouri River;
(16)(15) Grand River, from Shadehill Reservoir to the Missouri River;
(17) Little Missouri River, from the Montana state boundary to the North Dakota state
boundary, located in Harding County;
(18) Belle Fourche River, from the Wyoming state boundary to the Belle Fourche irrigation
project diversion dam and from Highway 79 to the Cheyenne River;
(19) Little Minnesota River, from Highway 10 to Lake Traverse, located in Roberts County;
and
(20)(16) Redwater River, from Highway 85 to the Belle Fourche River, located in Butte
County.
Because the Missouri River, James River, Boise des Sioux River, and the lower five miles of the
Big Sioux River have been designated as navigable pursuant to federal law, this chapter does not
permit fencing, with or without gates, across the federally-navigable portions of these rivers.
The extent of the public's use shall be the determining factor in designating a stream or portion
of a stream pursuant to this section or § 43-17-39. The public's right to the use of such designated
streams as public highways pursuant to § 43-17-2 may be impaired if a gate or opening is not
provided in each fence across the streams. Construction of a fence in violation of this section is a
Class 2 misdemeanor.
The public's interest in or right to use other streams navigable pursuant to § 43-17-34 but not
designated pursuant to this section
or § 43-17-39 is not impaired or unduly restricted if fences
crossing such other navigable streams are not provided with a gate or opening. This
section and § 43-17-39 do does not diminish the public's interest in or right to use streams that are navigable pursuant
to § 43-17-34 but that are not designated pursuant to this section
or § 43-17-39.
Section 4. That § 43-17-39 be repealed.
Section 5. That ARSD 74:02:10:04 be repealed.
Section 6. That ARSD 74:02:10:05 be repealed.
Section 7. That ARSD 74:02:10:06 be repealed.
Section 8. That ARSD 74:02:10:07 be repealed.
Signed February 25, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\214.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\215.wpd
CHAPTER 215
(HB 1058)
Abandoned mineral interests recovery procedure revised.
ENTITLED, An Act to revise the procedure for recovery of abandoned mineral interests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-30A-2 be amended to read as follows:
43-30A-2. A mineral interest shall, if unused for twenty-three years, be deemed to be abandoned,
unless a statement of claim is recorded in accordance with § 43-30A-4 is abandoned if it has not
been used for a period of twenty-three years or more. Title to an abandoned mineral interest shall
vest vests in the owner of the surface estate in the land in, or under, which the mineral interest is
located on the date of abandonment.
Section 2. That § 43-30A-3 be amended to read as follows:
43-30A-3. A mineral interest is deemed to be used if:
(1) Minerals are produced under that by or with the express permission of the record owner
of the mineral interest;
(2) Operations are conducted thereon for injection, withdrawal, storage, or disposal of water,
gas, or other fluid substances to produce or enhance the production of minerals by or with
the express permission of the record holder of the mineral interest;
(3) In the case of For solid minerals, there is production from a common vein or seam by the
owners or with the express permission of the record owner of the mineral interest;
(4) Any valid conveyance, valid lease, mortgage, assignment, order in an estate settlement
proceeding, inheritance tax determination affidavit, probate distribution, termination of
joint tenancy interest affidavit, termination of life estate affidavit, transfer on death deed,
or any judgment or decree that makes specific reference to the record owner's mineral
interest is recorded within the last twenty-three years in the office of the register of deeds
for the county in which the mineral interest is located;
(5) The mineral interest is subject to an order or an agreement to pool or unitize;
(6) Taxes are paid on the mineral interest on behalf of the owner;
(7) A statement of claim is recorded in compliance with § 43-30A-4; or
(8)(7) A proper instrument describing the mineral interest has been recorded prior to an affidavit
recorded under prior law pursuant to § 43-30-7, in the office of the register of deeds for
the county in which the mineral interest is located.
Section 3. That § 43-30A-4 be amended to read:
43-30A-4. A statement of claim shall:
(1) Be recorded for the record owner of the mineral interest prior to the end of the twenty-three-year period set forth in § 43-30A-2. A joint tenant, but not a tenant in common, may
record a claim on behalf of himself and other joint tenants;
(2) Contain the name and mailing address of the record owner of the mineral interest and a
legal description of the land on or under which the mineral interest is located; and
(3) Be recorded in the office of the register of deeds for the county in which the mineral
interest is located.
A mineral interest is
deemed to be in use on the date of recording if the recording is made within
the time provided by this section.
A statement of claim filed after July 31, 2013, by a person other
than the owner of record of the mineral interest is not effective to preserve a mineral interest unless
accompanied by a reference to the name of the record owner under whom the owner of the mineral
interest claims.
Section 4. That § 43-30A-5 be amended to read as follows:
43-30A-5. Failure to record the statement of claim within the time period provided in § 43-30A-4
does not cause a mineral interest to be extinguished if:
(1) The owner of record abandoned if the record owner of the mineral interest satisfies either
one of the following requirements records a statement of claim pursuant to § 43-30A-4
within sixty days after first completion of the publication of the notice provided for in of
lapse pursuant to § 43-30A-6:
(a) Files with the county register of deeds a statement of claim as required in § 43-30A-4; or
(b) Files with the county register of deeds documentation that at least one of the
activities under § 43-30A-3 took place during the twenty-year period immediately
preceding the first publication of notice;
(2) A person other than the owner of record of the mineral interest files with the county
register of deeds within sixty days after the first publication of the notice provided for in
§ 43-30A-6 an affidavit under oath or a declaration under oath which includes an
explanation of the factual and legal basis for the person's assertion of title to the mineral
interest. This explanation shall be accompanied by documentation supporting the
assertion or an explanation why documentation is unavailable.
Section 5. That § 43-30A-6 be amended to read as follows:
43-30A-6. In order to succeed to the ownership of a an abandoned mineral interest upon its lapse,
a surface owner shall give notice of the lapse of the mineral interest by publication. The publication
shall be made once each week for three weeks in the official newspaper of the county in which the
mineral interest is located. If the address of the mineral interest owner is of record or can be
determined upon reasonable inquiry, notice Notice shall also be made given by mailing a copy of the
notice by registered or certified mail, return receipt requested, to the record owner of the mineral
interest within at the record owner's address of record no later than ten days after the last publication
is made.
The surface owner may rely upon the record mineral owner's last address of record in the office
of county register of deeds in which the mineral interest is located. It is the record mineral owner's
obligation to maintain an address of record in the office of the register of deeds in the county in
which their mineral interest is located. Failure to maintain an address of record is a waiver by the
record mineral owner of the requirement to mail a copy of the notice of lapse to the record mineral
owner.
The notice shall state the name of the record owner of the mineral interest,
a the legal description
of the land on or under which the mineral interest involved is located, and the name of the person
giving the notice.
A Recording a copy of the notice and an affidavit of its
service, if recorded publication and any
mailing in the office of the register of deeds for the county in which the mineral interest is located,
is prima facie evidence
in any legal proceeding that
such the notice has been
properly given.
Section 6. That § 43-30A-6.1 be repealed.
Section 7. That § 43-30A-11 be repealed.
Section 8. That § 43-30A-12 be repealed.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\215.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\216.wpd
CHAPTER 216
(SB 93)
Homestead exemption revised.
ENTITLED, An Act to revise certain provisions regarding the homestead exemption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-31-31 be amended to read:
43-31-31. Terms as used in this act mean:
(1) "Base year," for those heads of households who reached seventy years of age in or prior
to 1994, the base year is 1994. For those heads of households who will reach seventy
years of age subsequent to 1994, the base year is the year in which they will reach the age
of seventy. In the case of a surviving spouse, the base year is the year which would have
been the base year of the deceased spouse;
(2) "Department," the Department of Revenue;
(3) "Head of household," a married person, a single person, a widow or widower, or a
divorced person;
(4) "Household," the association of persons who live in the same dwelling, sharing its
furnishings, facilities, and accommodations, but not including bona fide lessees, tenants,
or roomers and boarders on contract;
(5) "Secretary," the secretary of the Department of Revenue;
(6) "Single-family dwelling," a house, condominium apartment, or manufactured home as
defined in § 32-3-1 which is assessed and taxed as a separate unit including the platted
lot upon which the structure is situated or one acre, whichever is less, and the garage,
whether attached or unattached;
(7) "Surviving spouse," the spouse of a deceased head of household who has not remarried.
Section 2. That § 43-31-33 be amended to read:
43-31-33. Applications for a prohibition on the collections of real property taxes under §§ 43-31-31 to 43-31-41, inclusive, shall be made annually on or before May April first on forms prescribed
by the secretary of revenue. Forms shall be made available to county treasurers who shall, upon
request of an applicant, assist the applicant in completing the forms.
Section 3. That § 43-31-41 be amended to read:
43-31-41. If any head of household person, entity, or trust chooses to pay any property taxes
which have not been collected pursuant to §§ 43-31-31 to 43-31-41, inclusive, such payments shall
apply to the oldest property taxes and the interest thereon. If a person qualifies for a prohibition on
the collection of real property taxes pursuant to §§ 43-31-31 to 43-31-41, inclusive, nothing in those
sections may be construed to prohibit a county treasurer from accepting payment for the real property
taxes from any person, entity, or trust that submits payment to a county treasurer.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\216.wpd
WATER MANAGEMENT
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\217.wpd
CHAPTER 217
(SB 116)
Water development districts, residents and voters
to participate in actions.
ENTITLED, An Act to remove any reference to land ownership being a requirement for participation
in any actions pertaining to the creation of or withdrawal from a water development district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 46A-3A-8 be amended to read:
46A-3A-8. Fifteen percent of the owners of real property residents and voters in a geographical
area, as shown by the records in the offices of the register of deeds of the county wherein the real
property is situated, may petition the Board of Water and Natural Resources to submit to an election
the question of whether the geographical area shall become a water development district. If land is
sold under a contract for deed, which is of record in the office of the register of deeds in the county
wherein the land is situated, both the landowner and the landowner's individual purchaser of the land,
as named in the contract for deed, shall be treated as owners of real property.
Section 2. That § 46A-3A-14 be amended to read:
46A-3A-14. If in some, but not all of the election districts within a proposed water development
district, sixty percent or more of the votes cast are in favor of the formation of the water development
district, the Board of Water and Natural Resources shall by resolution establish a water development
district consisting of only those election districts wherein the requisite vote approving the formation
of a water development district was cast. In the event of the creation of such a water development
district, any of the election districts may withdraw from the water development district by filing with
the board within sixty days thereafter, a petition requesting such withdrawal, signed by fifteen
percent of the owners of land residents and voters in such the election district. The petition shall
contain the same information with respect to the signers and be verified in the same manner as in the
case of a petition to establish a water development district. The question of whether an election
district shall withdraw shall be referred to the voters of such the election district at the next general
election, the procedure to be is the same as required to establish a water development district.
Section 3. That § 46A-3B-9 be amended to read:
46A-3B-9. Directors shall take office on the first day of January of the year following their
election, or not later than sixty days after election in the case of a special election. Vacancies that
may occur on the water development district board of directors by reason of death, disability, failure
to be a resident and property owner voter, resignation, or other cause pursuant to § 3-4-1, or upon
expiration of term of office if no qualifying petitions have been filed or if no successor has qualified
for the office, unless otherwise provided in chapters 46A-3A to 46A-3E, inclusive, shall be declared
to exist and shall be filled by elective action of the remaining directors from candidates proposed by
nominating petitions signed by at least twenty-five eligible voters in the director area for which a
vacancy exists.
Signed March 10, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\217.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\218.wpd
CHAPTER 218
(SB 68)
Appropriations from the water and environment fund
and its revolving fund subfunds.
ENTITLED, An Act to make appropriations from the water and environment fund and its revolving
fund subfunds for various water and environmental purposes, to revise solid waste management
program recycling provisions, to revise water and environment fund loan terms, and to declare
an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the South Dakota water and environment fund,
established pursuant to § 46A-1-60, the sum of two million thirty-six thousand three hundred
seventy-five dollars ($2,036,375), or so much thereof as may be necessary, to the South Dakota
Board of Water and Natural Resources for the purpose of providing a grant to the project sponsors
to be used for the engineering design, right-of-way acquisition, preconstruction activities, and
construction of the Sioux Falls flood control project as authorized in section 17 of chapter 254 of the
1992 Session Laws. Funds shall be provided according to terms and conditions established by the
Board of Water and Natural Resources.
Section 2. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of seven hundred fifty thousand dollars ($750,000), 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 grant to the Department of Environment and
Natural Resources for the purpose of contracting for the development of a hydrologic model of the
Big Sioux River Basin in eastern South Dakota. 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 the grant for up to one hundred percent of the nonfederal share of
expenditures for the hydrologic study.
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 twenty-five thousand one hundred
twenty-five dollars ($225,125), or so much thereof as may be necessary, to the South Dakota Board
of Water and Natural Resources for the purpose of providing a grant to the project sponsors to be
used for the feasibility level study update of the Big Sioux flood control study (Watertown and
vicinity) to be completed by the United States Army Corps of Engineers. Funds shall be provided
according to terms and conditions established by the Board of Water and Natural Resources.
Section 4. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of five million two hundred fifty thousand dollars
($5,250,000), or so much thereof as may be necessary, to the South Dakota Board of Water and
Natural Resources for the purpose of providing grants 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. That § 34A-6-85 be amended to read:
34A-6-85. Twenty-five percent of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall
be deposited in the environment and natural resources fee fund established in § 1-40-30 and shall
be used to defray costs of administering the solid waste management program requirements of
chapter 34A-6. All fees received pursuant to §§ 34A-6-83 and 34A-6-84 and seventy-five percent
of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall be deposited in the water and
environment fund established in § 46A-1-60, and their expenditures shall be limited to the solid
waste source reduction, recycling, and waste management program established in § 46A-1-83. Grants
or loans from the water and environment fund shall be administered by the Board of Water and
Natural Resources in accordance with the rules established for solid waste management grants or
loans in § 46A-1-84. The board shall offer a grant or loan preference to tire management projects
utilizing fees originating pursuant to § 34A-6-83, including waste tire shredding and transporting.
The board shall award financial assistance to projects for waste tire shredding and transporting until
there is capacity in the private sector to fully utilize all new waste tires generated in this state on an
annual basis. Financial assistance for waste tire shredding and transporting may total no more than
two hundred fifty thousand dollars in any one fiscal year, but such financial assistance may not be
awarded to any state agency. The board shall offer a grant or loan preference to any municipal solid
waste landfill facility using volume-based fees reflecting full and true disposal cost. After deducting
the amounts provided for waste tire activities provided for by this section and § 34A-6-85.1, at least
fifty percent of the amount remaining from the fees imposed pursuant to §§ 34A-6-81 to 34A-6-84,
inclusive, shall be awarded as recycling grants or loans projects.
Section 6. That § 46A-1-67 be amended to read:
46A-1-67. Loans from the South Dakota water and environment fund shall be for a term of years
established by the conservancy district, board but the term may not exceed seven years for loans for
purposes other than actual construction of water resources projects nor forty years for loans for actual
construction loans except as provided in § 46A-1-69, the useful life of the equipment for equipment
loans, or seven years for loans for other purposes. Loans made for purposes other than construction
may, however, be capitalized and refinanced as construction loans when the project proceeds to
construction.
Section 7. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of two million four hundred thousand dollars
($2,400,000), or so much thereof that may be necessary, to the South Dakota Board of Water and
Natural Resources for the purpose of providing grants and loans to project sponsors under the solid
waste management program established pursuant to § 46A-1-83. Funds shall be provided according
to the terms and conditions established by the Board of Water and Natural Resources.
The Department of Environment and Natural Resources may use up to two hundred fifty
thousand dollars of the funds appropriated by this section, to contract for the statewide cleanup of
waste tires and solid waste. Notwithstanding § 46A-1-61, the department may fund up to one
hundred percent of the nonfederal share of statewide waste tires and solid waste cleanup projects.
Section 8. 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 three hundred thousand dollars ($1,300,000), 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 9. 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 10. 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 fifty thousand dollars ($50,000), 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 11. 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
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 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 12. There is hereby appropriated from federal subsidy payments deposited in the South
Dakota state water pollution control revolving fund program subfund established pursuant to
§ 46A-1-60.1, the sum of two million seven hundred fifty thousand dollars ($2,750,000), or so much
thereof as may be necessary, to the South Dakota Board of Water and Natural Resources for the
purpose of providing wastewater 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 13. There is hereby appropriated from federal subsidy payments deposited in the South
Dakota state drinking water revolving fund program subfund established pursuant to § 46A-1-60.1,
the sum of one million two hundred fifty thousand dollars ($1,250,000), or so much thereof as may
be necessary, to the South Dakota Board of Water and Natural Resources for the purpose of
providing grants for the construction of drinking water facilities 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. The secretary of environment and natural resources shall approve vouchers and the
state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 15. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 16. 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 18, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\219.wpd
CHAPTER 219
(SB 18)
Appropriation to the State Conservation Commission.
ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation
fund to the State Conservation Commission and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the coordinated natural resources conservation fund
the sum of one million dollars ($1,000,000), 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 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 18, 2016
_______________
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CORPORATIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\220.wpd
CHAPTER 220
(SB 98)
Pork production regulation.
ENTITLED, An Act to revise and repeal certain provisions regarding pork production.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 47-9A be amended by adding a NEW SECTION to read:
The production of pork is subject to the same provisions which apply to livestock feeding,
breeding stock, dairies, and poultry and egg operations under this chapter.
Section 2. That § 47-9A-13.1 be repealed.
Signed March 16, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\221.wpd
CHAPTER 221
(HB 1068)
South Dakota Nonprofit Corporation Act, revisions and updates.
ENTITLED, An Act to revise provisions related to the conversion of nonprofit corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 47-22-4 be amended to read:
47-22-4. Corporations may be organized under this chapter for any lawful purpose, including,
but not limited to, any one or more of the following purposes:
(1) Agricultural;
(2) Animal husbandry;
(3) Athletic;
(4) Benevolent;
(5) Charitable;
(6) Civic;
(7) Cultural;
(8) Educational;
(9) Eleemosynary;
(10) Fraternal;
(11) Horticultural;
(12) Literary;
(13) Patriotic;
(14) Political;
(15) Religious;
(16) Scientific;
(17) Social; and
(18) Professional, commercial, industrial, or trade association. However, labor unions,
cooperative organizations, other than housing cooperatives, communals, and
organizations subject to any of the provisions of the banking laws of this state may not be
organized under this chapter. Notwithstanding any other provision of this title, any
insurance organization formed under this chapter is subject to Title 58.
Section 2. That § 47-22-5 be amended to read:
47-22-5. Three One or more natural persons of the age of majority may act as incorporators of
a corporation by delivering to the secretary of state the articles of incorporation for such corporation.
Delivery may be made by electronic transmission if and to the extent permitted by the Office of the
Secretary of State. If the document is filed in typewritten or printed form and not transmitted
electronically, the Office of the Secretary of State may require one exact or conformed copy to be
delivered with the document.
Section 3. That chapter 47-22 be amended by adding a NEW SECTION to read:
Notwithstanding any provision to the contrary in chapters 47-22 to 47-28, inclusive, filings with
the Office of Secretary of State may be made by electronic transmission if and to the extent permitted
by the Office of Secretary of State.
Section 4. That chapter 47-22 be amended by adding a NEW SECTION to read:
Notwithstanding any provision to the contrary in chapters 47-22 to 47-28, inclusive, filings with
the Office of Secretary of State may specify delayed effective time and date, and if it does so the
document becomes effective at the time and date specified. If a delayed effective date is indicated,
but no time is specified, the document is effective at the close of business on that date. A delayed
effective date for a document may not be later than the ninetieth day after the date it is filed.
Section 5. That § 47-23-2.1 be amended to read:
47-23-2.1. No director, trustee, committee member, or officer serving without compensation,
other than reimbursement for actual expenses, of any corporation organized under this chapter or
under similar laws of another state, and which is exempt from taxation pursuant to Section 501(a)
of the Internal Revenue Code, 26 U.S.C. Section 501(a) and is listed as an exempt organization in
Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), or any hospital organized
pursuant to chapter 34-8, 34-9, or 34-10 is liable, and no cause of action may be brought, for
damages resulting from the exercise of judgment or discretion in connection with the duties or
responsibilities of such director, trustee, committee member, or officer while acting in an official
capacity as such director, trustee, committee member, or officer, unless the act or omission involved
willful or wanton misconduct. The immunity provided by this section applies to any member of an
advisory board, serving without compensation, other than reimbursement for actual expenses, of any
corporation described by this section.
Section 6. That § 47-23-4 be amended to read:
47-23-4. An annual meeting of the members of a corporation shall be held at such time as may
be provided in the bylaws. Failure to hold the annual meeting at the designated time shall not work
a forfeiture or dissolution of the corporation. The articles of incorporation or bylaws may provide
that an annual or regular meeting of members does not need to be held at a geographic location and
may instead be held by any means of electronic communication which allows the members to read
or hear the proceedings substantially concurrently with their occurrence, vote on matters submitted
to the members, pose questions, and make comments.
Section 7. That § 47-23-6 be amended to read:
47-23-6. Any action required by chapters 47-22 to 47-28, inclusive, to be taken at a meeting of
the members or directors of a corporation, or any action which may be taken at a meeting of the
members or directors or of a committee of directors, may be taken without a meeting if a consent in
writing, setting forth the action so taken, shall be signed by all the members entitled to vote with
respect to the subject matter thereof, or all of the directors, or all of the members of the committee
of directors, as the case may be. If permitted in the articles of incorporation or the bylaws, such
consent and signature may be transmitted by any reasonable means including, but not limited to,
traditional mail, hand delivery, email, or electronic facsimile.
Such consent shall have the same force and effect as a unanimous vote, and may be stated as such
in any articles or document filed with the secretary of state under chapters 47-22 to 47-28, inclusive.
Section 8. That § 47-23-7 be amended to read:
47-23-7. Unless otherwise provided in the articles of incorporation or the bylaws, written notice
stating the place, day, and hour of the meeting and, in the case of a special meeting, the purpose or
purposes for which the meeting is called, shall be delivered not less than ten nor more than fifty days
before the date of the meeting, either personally or by mail, by or at the direction of the president,
or the secretary, or the officers or persons calling the meeting, to each member entitled to vote at
such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United
States mail addressed to the member at his address as it appears on the records of the corporation,
with postage thereon prepaid. If permitted in the articles of incorporation or the bylaws, notice of
meetings may be given by any reasonable means including, but not limited to, traditional mail, hand
delivery, email, or electronic facsimile.
Section 9. That § 47-23-9 be amended to read:
47-23-9. A member entitled to vote may vote in person or, unless the articles of incorporation
or the bylaws otherwise provide, may vote by proxy executed in writing by the member or by his
duly authorized attorney in fact. No proxy shall be valid after eleven months from the date of its
execution, unless otherwise provided in the proxy. Where directors or officers are to be elected by
members, the bylaws may provide that such elections may be conducted by mail. Except as otherwise
provided in the articles of incorporation or bylaws, any action that may be taken at any annual,
regular, or special meeting of members may be taken without a meeting if the corporation delivers
a ballot to every member entitled to vote on the matter. Each ballot must:
(1) Set forth each proposed action;
(2) Provide an opportunity to vote for or against, or withhold a vote for, each proposed
action;
(3) Be delivered to each member by any means of transmission set forth in the bylaws or
articles of incorporation. If no method is set forth in the bylaws or articles of
incorporation, ballots may be delivered by any reasonable means, including, but not
limited to, traditional mail, hand delivery, email, or electronic facsimile;
(4) Indicate the number of responses needed to meet the quorum requirements;
(5) State the percentage of approvals necessary to approve each matter other than election of
directors; and
(6) Specify the time by which a ballot must be received in order to be counted.
Unless otherwise provided in the articles of incorporation or bylaws, approval by ballot, pursuant
to this section, of action other than election of directors is valid only when the number of votes cast
by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action,
and the number of approvals equals or exceeds the number of votes that would be required to
approve the matter at a meeting at which the total number of votes cast was the same as the number
of votes cast by ballot. Except as otherwise provided in the articles of incorporation or bylaws, a
ballot may not be revoked.
Section 10. That § 47-23-13 be amended to read:
47-23-13.
The Except as authorized by § 47-23-22, the affairs of a corporation shall be managed
by a board of directors. Directors need not be members of the corporation unless the articles of
incorporation or the bylaws so require. The articles of incorporation or the bylaws may prescribe
other qualifications for directors.
Section 11. That § 47-23-22 be amended to read:
47-23-22. If the articles of incorporation or the bylaws so provide, the board of directors, by
resolution adopted by a majority of the directors in office, may designate one or more committees
each of which shall consist of two one or more directors, which and such additional members as
specified in the resolution which such additional members need not be a director or member of the
nonprofit corporation, or resident of the state. Such committees, to the extent provided in such
resolution, in the articles of incorporation or in the bylaws of the corporation, shall have and exercise
the authority or function of the board of directors in the management of the corporation; but the. The
designation of such committees and the delegation thereto of authority shall not operate to relieve
the board of directors, or any individual director of any responsibility imposed upon it or him any
individual director by law except those responsibilities related to the authority or function the
committee is authorized to exercise. Other committees not having and exercising the authority of the
board of directors in the management of the corporation may be designated by a resolution adopted
by a majority of the directors present at a meeting at which a quorum is present. Members of
committees created under this section have the same rights of indemnification and immunity as are
provided to the board of directors in chapters 47-22 to 47-28, inclusive, unless otherwise provided
in the articles of incorporation or bylaws.
Section 12. That § 47-24-1 be amended to read:
47-24-1. Each corporation shall keep correct and complete books and records of account and
shall keep minutes of the proceedings of its members, board of directors, and committees having any
of the authority of the board of directors; and shall keep at its registered office or principal office a
record of the names and addresses of its members entitled to vote. If authorized by the articles of
incorporation or bylaws, the records required by this section may be kept in electronic format.
Section 13. That § 47-24-17 be amended to read:
47-24-17. Upon At least ten days prior to the sale, transfer, conversion, or merger of at least
thirty percent of the assets of a nonprofit corporation, the corporation shall give written notice to the
attorney general. The following information shall, within sixty days of such sale, transfer, or merger,
be submitted to the secretary of state:
(1) Name and address of the parties involved in the sale, transfer, conversion, or merger;
(2) Terms and conditions of the sale, transfer, conversion, or merger;
(3) Dollar value of the assets being sold, transferred, converted, or merged, including an
account of how the value was determined; and
(4) An explanation of how the sale, transfer, conversion, or merger furthers the purpose of
the nonprofit corporation.
The information shall be submitted on forms provided by the secretary of state.
Section 14. That the code be amended by adding a NEW SECTION to read:
At least ten days prior to a meeting to dissolve under chapter 47-26, or conversion from a
nonprofit corporation to a domestic business corporation or other business entity authorized by law,
the corporation shall provide notice to the attorney general which notice shall include a copy of the
plan for distribution of assets required pursuant to § 47-26-6 or plan of conversion pursuant to
section 23 or 24 of this Act.
Section 15. That the code be amended by adding a NEW SECTION to read:
If so provided in the articles of incorporation or bylaws of the corporation, any written notice
required to be provided to any member or director pursuant to any provision of chapters 47-22 to
47-28, inclusive, may be sent by any reasonable means of transmission set forth in the articles of
incorporation or bylaws of the corporation, including, but not limited to, traditional mail, hand
delivery, email, or electronic facsimile.
Section 16. That the code be amended by adding a NEW SECTION to read:
Terms used in sections 16 to 37, inclusive, of this Act, mean:
(1) "Conversion," a transaction authorized by sections 23 to 37, inclusive, of this Act;
(2) "Converting corporation," the domestic or foreign nonprofit or business corporation that
approves a conversion pursuant to sections 23 to 37, inclusive, of this Act, or the
applicable laws of the foreign jurisdiction;
(3) "Converting entity," the domestic or foreign entity that approves a conversion pursuant
to sections 23 to 37, inclusive, of this Act;
(4) "Domesticated corporation," the domesticating corporation as it continues in existence
after a domestication;
(5) "Domesticating corporation," the domestic nonprofit corporation that adopts a plan of
domestication pursuant to sections 18 to 22, inclusive, of this Act, or the foreign nonprofit
corporation that approves a domestication pursuant to the applicable laws of the foreign
jurisdiction;
(6) "Domestication," a transaction authorized by sections 18 to 22, inclusive, of this Act;
(7) "Surviving corporation," the corporation as it continues in existence immediately after
consummation of a for-profit conversion pursuant to sections 18 to 37, inclusive, of this
Act;
(8) "Surviving entity," the unincorporated entity as it continues in existence immediately after
consummation of an entity conversion pursuant to sections 18 to 37, inclusive, of this Act.
Section 17. That the code be amended by adding a NEW SECTION to read:
If a domestic or foreign nonprofit corporation may not be a party to a merger or sale of its assets
without the approval of the attorney general, the Division of Insurance, or the Public Utilities
Commission, the corporation may not be a party to a conversion or domestication without the prior
approval of that agency.
Section 18. That the code be amended by adding a NEW SECTION to read:
(a) A foreign nonprofit corporation may become a domestic nonprofit corporation only if the
domestication is authorized by the laws of the foreign jurisdiction.
(b) A domestic nonprofit corporation may become a foreign nonprofit corporation if the
domestication is permitted by the laws of the foreign jurisdiction. Regardless of whether the laws
of the foreign jurisdiction require the adoption of a plan of domestication, the domestication must
be approved by the adoption by the corporation of a plan of domestication.
(c) The plan of domestication must include:
(1) A statement of the jurisdiction in which the corporation is to be domesticated;
(2) The terms and conditions of the domestication;
(3) The manner and basis of canceling or reclassifying the memberships of the corporation
following its domestication into memberships, obligations, rights to acquire memberships,
cash, other property, or any combination of the foregoing; and
(4) Any desired amendments to the articles of incorporation or bylaws of the corporation
following its domestication.
(d) The plan of domestication may also include a provision that the plan may be amended prior
to filing the document required by the laws of this state or the other jurisdiction to consummate the
domestication; except that, subsequent to approval of the plan by the members, the plan may not be
amended without the approval of the members to change:
(1) The amount or kind of memberships, obligations, rights to acquire memberships, cash,
or other property to be received by the members under the plan;
(2) The articles of incorporation to be in effect immediately following the domestication; or
(3) Any of the other terms or conditions of the plan if the change would adversely affect any
of the members in any material respect.
(e) If any debt security, note or similar evidence of indebtedness for money borrowed, whether
secured or unsecured, or a contract of any kind, issued, incurred or executed by a domestic nonprofit
corporation before the effective date of this Act contains a provision applying to a merger of the
corporation and the document does not refer to a domestication of the corporation, the provision
shall be deemed to apply to a domestication of the corporation until such time as the provision is
amended subsequent to that date.
Section 19. That the code be amended by adding a NEW SECTION to read:
In the case of a domestication of a domestic nonprofit corporation in a foreign jurisdiction:
(1) The plan of domestication must be adopted by the board of directors;
(2) After adopting the plan of domestication the board of directors must submit the plan to
the members for their approval, if there are members entitled to vote on the plan. The
board of directors must also transmit to the members a recommendation that the members
approve the plan, unless the board of directors makes a determination that because of
conflicts of interest or other special circumstances it should not make such a
recommendation, in which case the board of directors must transmit to the members the
basis for that determination;
(3) The board of directors may condition its submission of the plan of domestication to the
members on any basis;
(4) If the approval of the members is to be given at a meeting, the corporation must notify
each member, whether or not entitled to vote, of the meeting of members at which the
plan of domestication is to be submitted for approval. The notice must state that the
purpose, or one of the purposes, of the meeting is to consider the plan and must contain
or be accompanied by a copy or summary of the plan. The notice must include or be
accompanied by a copy of the proposed articles of incorporation and bylaws to be in effect
immediately after the domestication;
(5) Unless the articles of incorporation or bylaws, or the board of directors acting pursuant
to subdivision (3) of this section, requires a greater vote or a greater number of votes to
be present, the approval of the plan of domestication by the members requires the
approval of the members at a meeting at which a quorum exists, and, if any class of
members is entitled to vote as a separate group on the plan, the approval of each such
separate class at a meeting at which a quorum of the class exists;
(6) Separate voting by classes is required by each class of members that:
(i) Are to be reclassified under the plan of domestication into a different class of
memberships, or into obligations, rights to acquire memberships, cash, other
property, or any combination of the foregoing;
(ii) Would be entitled to vote as a separate group on a provision of the plan that, if
contained in a proposed amendment to articles of incorporation, would require
action by separate classes; or
(iii) Is entitled under the articles of incorporation or bylaws to vote as a class to approve
an amendment of the articles of incorporation;
(7) If any provision of the articles of incorporation, bylaws, or an agreement to which any of
the directors, members of a designated body, or members are parties, adopted or entered
into before the effective date of this Act, applies to a merger of the corporation and that
document does not refer to a domestication of the corporation, the provision shall be
deemed to apply to a domestication of the corporation until such time as the provision is
amended subsequent to that date.
Section 20. That the code be amended by adding a NEW SECTION to read:
(a) Articles of domestication must be signed on behalf of the domesticating corporation by any
officer or other duly authorized representative. The articles of domestication must set forth:
(1) The name and jurisdiction of incorporation of the domesticating corporation;
(2) The name and jurisdiction of incorporation of the domesticated entity; and
(3) If the domesticating corporation is a domestic nonprofit corporation, a statement that the
plan of domestication was approved in accordance with the laws of this state, or, if the
domesticating corporation is a foreign nonprofit corporation, a statement that the
domestication was approved in accordance with the laws of its jurisdiction of
incorporation.
(b) If the domesticated corporation is a domestic nonprofit corporation, the articles of
domestication shall contain all of the provisions required to be contained in the articles of
incorporation of a nonprofit corporation as set forth in § 47-22-6. The name of the domesticated
corporation must satisfy the requirements of §§ 47-22-7 and 47-22-8.1.
(c) The articles of domestication must be delivered to the Office of the Secretary of State for
filing.
(d) If the domesticating corporation is a qualified foreign nonprofit corporation, its certificate of
authority is cancelled automatically on the effective date of its domestication.
Section 21. That the code be amended by adding a NEW SECTION to read:
(a) Except as otherwise prohibited by law, when a domestication becomes effective:
(1) The title to all real and personal property, both tangible and intangible, of the
domesticating corporation remains in the domesticated corporation without reversion or
impairment;
(2) The liabilities of the domesticating corporation remain the liabilities of the domesticated
corporation;
(3) An action or proceeding pending against the domesticating corporation continues against
the domesticated corporation as if the domestication had not occurred;
(4) The articles of domestication, or the articles of incorporation attached to the articles of
domestication, constitute the articles of incorporation of a foreign corporation
domesticating in this state;
(5) The memberships in the domesticating corporation are reclassified into memberships,
obligations, rights to acquire memberships, or cash or other property in accordance with
the terms of the domestication, and the members are entitled only to the rights provided
by those terms; and
(6) The domesticating corporation is deemed to:
(i) Be incorporated under and subject to the same body of law of as the domesticated
corporation for all purposes; and
(ii) Be the same corporation without interruption as the domesticating corporation.
(b) The personal liability of a member in a foreign nonprofit corporation that is domesticated in
this state is as follows:
(1) The domestication does not discharge any personal liability under the laws of the foreign
jurisdiction to the extent any such personal liability arose before the effective time of the
articles of domestication;
(2) The member does not have personal liability under the laws of the foreign jurisdiction for
any debt, obligation, or liability of the corporation that arises after the effective time of
the articles of domestication;
(3) The provisions of the laws of the foreign jurisdiction continue to apply to the collection
or discharge of any personal liability preserved by subdivision (1), as if the domestication
had not occurred;
(4) The member has whatever rights of contribution from other members are provided by the
laws of the foreign jurisdiction with respect to any personal liability preserved by
subdivision (1), as if the domestication had not occurred.
Section 22. That the code be amended by adding a NEW SECTION to read:
(a) Unless otherwise provided in a plan of domestication of a domestic nonprofit corporation,
after the plan has been adopted and approved, and at any time before the domestication has become
effective, it may be abandoned by the board of directors without action by the members.
(b) If a domestication is abandoned under paragraph (a) after articles of domestication have been
filed with the Office of the Secretary of State but before the domestication has become effective, a
statement that the domestication has been abandoned in accordance with this section, signed by an
officer or other duly authorized representative, must be delivered to the Office of the Secretary of
State for filing prior to the effective date of the domestication. The statement takes effect upon filing
and the domestication is abandoned and does not become effective.
(c) If the domestication of a foreign nonprofit corporation in this state is abandoned in
accordance with the laws of the foreign jurisdiction after articles of domestication are filed with the
Office of the Secretary of State, a statement that the domestication has been abandoned, signed by
an officer or other duly authorized representative, must be delivered to the Office of the Secretary
of State for filing. The statement takes effect upon filing and the domestication is abandoned and
does not become effective.
Section 23. That the code be amended by adding a NEW SECTION to read:
(a) A domestic nonprofit corporation may become a domestic business corporation pursuant to
a plan of for-profit conversion.
(b) A domestic nonprofit corporation may become a foreign business corporation if the for-profit
conversion is permitted by the laws of the foreign jurisdiction. Regardless of whether the laws of the
foreign jurisdiction require the adoption of a plan of for-profit conversion, the foreign for-profit
conversion shall be approved by the adoption by the domestic nonprofit corporation of a plan of
for-profit conversion.
(c) The plan of for-profit conversion must include:
(1) The terms and conditions of the conversion;
(2) The manner and basis of:
(i) Issuing at least one share in the corporation following its conversion; and
(ii) Otherwise reclassifying the memberships in the corporation, if any, following its
conversion into shares and other securities, obligations, rights to acquire shares or
other securities, cash, other property, or any combination of the foregoing;
(3) Any desired amendments to the articles of incorporation or bylaws of the corporation
following its conversion; and
(4) If the domestic nonprofit corporation is to be converted to a foreign business corporation,
a statement of the jurisdiction in which the corporation will be incorporated after the
conversion.
(d) The plan of for-profit conversion may also include a provision that the plan may be amended
prior to filing articles of for-profit conversion, except that subsequent to approval of the plan by the
members the plan may not be amended without the approval of the members to change:
(1) The amount or kind of shares and other securities, obligations, rights to acquire shares or
other securities, cash, or other property to be received by the members under the plan;
(2) The articles of incorporation to be in effect immediately following the conversion; or
(3) Any of the other terms or conditions of the plan if the change would adversely affect any
of the members in any material respect.
(e) If any debt security, note, or similar evidence of indebtedness for money borrowed, whether
secured or unsecured, or a contract of any kind, issued, incurred, or executed by a domestic nonprofit
corporation before the effective date of this Act contains a provision applying to a merger of the
corporation and the document does not refer to a for-profit conversion of the corporation, the
provision shall be deemed to apply to a for-profit conversion of the corporation until such time as
the provision is amended subsequent to that date.
(f) The attorney general shall be provided with notice of the proposed for-profit conversion at
least ten days prior to any conversion.
Section 24. That the code be amended by adding a NEW SECTION to read:
In the case of a conversion of a domestic nonprofit corporation to a domestic or foreign business
corporation:
(1) The plan of for-profit conversion must be adopted by the board of directors;
(2) After adopting the plan of for-profit conversion, the board of directors must submit the
plan to the members for their approval if there are members entitled to vote on the plan.
The board of directors must also transmit to the members a recommendation that the
members approve the plan, unless the board of directors makes a determination that
because of conflicts of interest or other special circumstances it should not make such a
recommendation, in which case the board of directors must transmit to the members the
basis for that determination;
(3) The board of directors may condition its submission of the plan of for-profit conversion
to the members on any basis;
(4) If the approval of the members is to be given at a meeting, the corporation must notify
each member of the meeting of members at which the plan of for-profit conversion is to
be submitted for approval. The notice must state that the purpose, or one of the purposes,
of the meeting is to consider the plan and must contain or be accompanied by a copy or
summary of the plan. The notice shall include or be accompanied by a copy of the
proposed articles of incorporation to be in effect immediately after the for-profit
conversion;
(5) Unless the articles of incorporation, or the board of directors acting pursuant to
subdivision (3), require a greater vote or a greater number of votes to be present, the
approval of the plan of for-profit conversion by the members requires the approval of each
class of members of the corporation voting as a separate class at a meeting at which a
quorum of the class exists; and
(6) If any provision of the articles of incorporation, bylaws, or an agreement to which any of
the directors or members are parties, adopted or entered into before the effective date of
this Act, applies to a merger of the corporation and the document does not refer to a
for-profit conversion of the corporation, the provision shall be deemed to apply to a
for-profit conversion of the corporation until such time as the provision is amended
subsequent to that date.
Section 25. That the code be amended by adding a NEW SECTION to read:
(a) Articles of for-profit conversion must be signed on behalf of the converting corporation by
any officer or other duly authorized representative. The articles must set forth:
(1) If the surviving corporation is a domestic business corporation, the name of the
corporation immediately before the filing of the articles of for-profit conversion and if that
name does not satisfy the requirements of the business corporation act, or the corporation
desires to change its name in connection with the conversion, a name that satisfies the
requirements of the business corporation act;
(2) If the surviving corporation is a foreign business corporation, its name after the
conversion and its jurisdiction of incorporation; and
(3) A statement that the plan of for-profit conversion was duly approved by the members in
the manner required by this Act and the articles of incorporation.
(b) If the surviving corporation is a domestic business corporation, the articles of for-profit
conversion shall either contain all of the provisions that the business corporation act requires to be
set forth in the articles of incorporation of a domestic business corporation and any other desired
provisions permitted by the business corporation act, or shall have attached articles of incorporation
that satisfy the requirements of the business corporation act. In either case, provisions that would not
be required to be included in restated articles of incorporation of a domestic business corporation
may be omitted, except that the name and address of the initial registered agent of the business
corporation must be included.
(c) The articles of for-profit conversion must be delivered to the Office of the Secretary of State
for filing.
Section 26. That the code be amended by adding a NEW SECTION to read:
(a) Except as otherwise prohibited by law, when a conversion of a domestic nonprofit
corporation to a domestic or foreign business corporation becomes effective:
(1) The title to all real and personal property, both tangible and intangible, of the corporation
remains in the corporation without reversion or impairment;
(2) The liabilities of the corporation remain the liabilities of the corporation;
(3) An action or proceeding pending against the corporation continues against the corporation
as if the conversion had not occurred;
(4) The articles of incorporation of the domestic or foreign business corporation become
effective;
(5) The memberships of the corporation are reclassified into shares or other securities,
obligations, rights to acquire shares or other securities, or into cash or other property in
accordance with the plan of conversion, and the members are entitled only to the rights
provided in the plan of for-profit conversion; and
(6) The corporation is deemed to:
(i) Be a domestic or foreign business corporation for all purposes; and
(ii) Be the same corporation without interruption as the nonprofit corporation.
(b) The personal liability of a member in a domestic nonprofit corporation that converts to a
domestic business corporation is as follows:
(1) The conversion does not discharge any personal liability of the member as a member of
the nonprofit corporation to the extent any such personal liability arose before the
effective time of the articles of for-profit conversion;
(2) The member does not have personal liability for any debt, obligation, or liability of the
business corporation that arises after the effective time of the articles of for-profit
conversion;
(3) The laws of this state continue to apply to the collection or discharge of any personal
liability preserved by subdivision (1), as if the conversion had not occurred;
(4) The member has whatever rights of contribution from other members are provided by the
laws of this state with respect to any personal liability preserved by subdivision (1), as if
the conversion had not occurred.
(c) A member who becomes subject to personal liability for some or all of the debts, obligations,
or liabilities of the business corporation has personal liability only for those debts, obligations, or
liabilities of the business corporation that arise after the effective time of the articles of for-profit
conversion.
Section 27. That the code be amended by adding a NEW SECTION to read:
(a) Unless otherwise provided in a plan of for-profit conversion of a domestic nonprofit
corporation, after the plan has been adopted and approved, and at any time before the for-profit
conversion has become effective, it may be abandoned by the board of directors without action by
the members.
(b) If a for-profit conversion is abandoned under paragraph (a) after articles of for-profit
conversion are filed with the Office of the Secretary of State but before the for-profit conversion has
become effective, a statement that the for-profit conversion has been abandoned in accordance with
this section, signed by an officer or other duly authorized representative, must be delivered to the
Office of the Secretary of State for filing prior to the effective date of the for-profit conversion. The
statement takes effect upon filing and the for-profit conversion is abandoned and does not become
effective.
Section 28. That the code be amended by adding a NEW SECTION to read:
A foreign business corporation may become a domestic nonprofit corporation if the
domestication and conversion is permitted by the laws of the foreign jurisdiction.
Section 29. That the code be amended by adding a NEW SECTION to read:
(a) After the conversion of a foreign business corporation to a domestic nonprofit corporation
is authorized as required by the laws of the foreign jurisdiction, articles of domestication and
conversion shall be signed by any officer or other duly authorized representative. The articles shall
set forth:
(1) The name of the corporation immediately before the filing of the articles of domestication
and conversion and, if that name is unavailable for use in this state or the corporation
desires to change its name in connection with the domestication and conversion, a name
that satisfies the requirements §§ 47-22-7 and 47-22-8.1;
(2) The jurisdiction of incorporation of the corporation immediately before the filing of the
articles of domestication and conversion and the date the corporation was incorporated
in that jurisdiction; and
(3) A statement that the domestication and conversion of the corporation in this state was
duly authorized as required by the laws of the jurisdiction in which the corporation was
incorporated immediately before its domestication and conversion in this state.
(b) The articles of domestication and conversion shall contain all of the provisions required to
be contained in the articles of incorporation of a nonprofit corporation as set forth in § 47-22-6. The
name of the domesticated corporation must satisfy the requirements of §§ 47-22-7 and 47-2-2-8.1.
(c) The articles of domestication and conversion must be delivered to the Office of the Secretary
of State for filing.
Section 30. That the code be amended by adding a NEW SECTION to read:
(a) When a domestication and conversion of a foreign business corporation to a domestic
nonprofit corporation becomes effective:
(1) The title to all real and personal property, both tangible and intangible, of the corporation
remains in the corporation without reversion or impairment;
(2) The liabilities of the corporation remain the liabilities of the corporation;
(3) An action or proceeding pending against the corporation continues against the corporation
as if the domestication and conversion had not occurred;
(4) The articles of domestication and conversion, or the articles of incorporation attached to
the articles of domestication and conversion, constitute the articles of incorporation of the
corporation;
(5) Memberships, securities, obligations, rights to acquire memberships or securities of the
corporation, or cash or other property shall be issued or paid as provided pursuant to the
laws of the foreign jurisdiction; and
(6) The corporation is deemed to:
(i) Be a domestic corporation for all purposes; and
(ii) Be the same corporation without interruption as the foreign business corporation.
(b) The personal liability of a shareholder of the foreign business corporation who becomes a
member of the domestic nonprofit corporation in the domestication and conversion is as follows:
(1) The domestication and conversion does not discharge any personal liability under the laws
of the foreign jurisdiction to the extent any such personal liability arose before the
effective time of the articles of domestication and conversion;
(2) The member does not have personal liability under the laws of the foreign jurisdiction for
any debt, obligation, or liability of the corporation that arises after the effective time of
the articles of domestication and conversion;
(3) The provisions of the laws of the foreign jurisdiction continue to apply to the collection
or discharge of any personal liability preserved by subdivision (1), as if the domestication
and conversion had not occurred;
(4) The member has whatever rights of contribution from other members are provided by the
laws of the foreign jurisdiction with respect to any personal liability preserved by
subdivision (1), as if the domestication and conversion had not occurred.
(c) A shareholder of a foreign business corporation who becomes subject to personal liability for
some or all of the debts, obligations, or liabilities of the corporation as a result of its domestication
and conversion in this state has personal liability only for those debts, obligations, or liabilities of
the corporation that arise after the effective time of the articles of domestication and conversion.
Section 31. That the code be amended by adding a NEW SECTION to read:
If the domestication and conversion of a foreign business corporation to a domestic nonprofit
corporation is abandoned in accordance with the laws of the foreign jurisdiction after articles of
domestication and conversion have been filed with the Office of the Secretary of State, a statement
that the domestication and conversion has been abandoned, signed by an officer or other duly
authorized representative, must be delivered to the Office of the Secretary of State for filing. The
statement takes effect upon filing and the domestication and conversion is abandoned and does not
become effective.
Section 32. That the code be amended by adding a NEW SECTION to read:
(a) Except as otherwise prohibited by law, when a conversion under sections 28 to 37, inclusive,
of this Act, becomes effective:
(1) The title to all real and personal property, both tangible and intangible, of the converting
entity remains in the surviving entity without reversion or impairment;
(2) The liabilities of the converting entity remain the liabilities of the surviving entity;
(3) An action or proceeding pending against the converting entity continues against the
surviving entity as if the conversion had not occurred;
(4) In the case of a surviving entity that is a filing entity, its articles of incorporation or
governing documents and rules become effective;
(5) The memberships or interests of the converting entity are reclassified into memberships,
interests, other securities, obligations, rights to acquire memberships, interests or
securities, or into cash or other property in accordance with the plan of conversion; and
the members or of the converting entity are entitled only to the rights provided to them
under the terms of the conversion and to any appraisal rights they may have under the
governing law of the converting entity; and
(6) The surviving entity is deemed to:
(i) Be incorporated or organized under and subject to the governing law of the
converting entity for all purposes; and
(ii) Be the same nonprofit corporation or unincorporated entity without interruption as
the converting entity.
(b) A member who is subject to personal liability for some or all of the debts, obligations, or
liabilities of the surviving entity has personal liability only for those debts, obligations, or liabilities
of the surviving entity that arise after the effective time of the articles of entity conversion.
Section 33. That the code be amended by adding a NEW SECTION to read:
(a) Unless otherwise provided in a plan of entity conversion of a domestic nonprofit corporation,
after the plan is adopted and at any time before the entity conversion has become effective, it may
be abandoned by the board of directors without action by the members.
(b) If an entity conversion is abandoned after articles of entity conversion are filed with the
Office of the Secretary of State but before the entity conversion becomes effective, a statement that
the entity conversion has been abandoned in accordance with this section, signed by an officer or
other duly authorized representative, must be delivered to the Office of the Secretary of State for
filing prior to the effective date of the entity conversion. Upon filing, the statement takes effect and
the entity conversion is abandoned and does not become effective.
Section 34. That the code be amended by adding a NEW SECTION to read:
A domestic business corporation may become a domestic nonprofit corporation pursuant to a
plan of nonprofit conversion only if incorporating pursuant to this Act is not prohibited by any other
law of this state. If the law of a domestic business corporation does not provide procedures for the
approval of either a nonprofit conversion or a merger, a plan of nonprofit conversion must be
adopted and approved, and the conversion effectuated in accordance with this Act.
Section 35. That the code be amended by adding a NEW SECTION to read:
(a) The plan of nonprofit conversion must be adopted by the shareholders. The plan for nonprofit
conversion must include:
(1) The terms and conditions of the conversion;
(2) The manner and basis of reclassifying the shareholders in the corporation;
(3) Any desired amendments to the articles of incorporation or bylaws of the corporation
following its conversion;
(4) The articles of incorporation to be in effect immediately following the conversion; and
(5) Any of the terms or conditions of the plan if the change would adversely affect any of the
shareholders in any material respect.
The plan for nonprofit conversion may also include a provision that the plan may be amended
prior to filing articles of nonprofit conversion.
(b) After the plan for nonprofit conversion is authorized, the articles of conversion must be
signed on behalf of the converting corporation by any officer or other duly authorized representative.
The articles shall set forth:
(1) The name of the corporation immediately before the filing of the articles of conversion
and, if that name is unavailable for use in this state or the corporation desires to change
its name in connection with the conversion, a name that satisfies the requirements of §§
47-22-7 and 47-2-8.1;
(2) The jurisdiction of incorporation of the corporation immediately before the filing of the
articles of conversion and the date the corporation was incorporated; and
(3) A statement that the conversion of the corporation in this state was duly authorized as
required by the laws of this state.
(c) The articles of conversion shall contain all of the provisions required to be contained in the
articles of incorporation of a nonprofit corporation as set forth in § 47-22-6 and any other desired
provisions permitted to be included. Provisions that would not be required to be included in restated
articles of incorporation may be omitted, except that the name and address of the initial registered
agent of the domestic business corporation must be included.
(d) The articles of nonprofit conversion must be delivered to the Office of the Secretary of State
for filing.
Section 36. That the code be amended by adding a NEW SECTION to read:
(a) When a conversion of a domestic business corporation to a domestic nonprofit corporation
becomes effective:
(1) The title to all real and personal property, both tangible and intangible, of the corporation
remains in the corporation without reversion or impairment;
(2) The liabilities of the corporation remain the liabilities of the corporation;
(3) An action or proceeding pending against the corporation continues against the corporation
as if the conversion had not occurred;
(4) The articles of conversion, or the articles of incorporation attached to the articles of
conversion, constitute the articles of incorporation of the corporation;
(5) Memberships, securities, obligations, rights to acquire memberships or securities of the
corporation, or cash or other property shall be issued or paid as provided pursuant to the
laws of this state; and
(6) The corporation is deemed to:
(i) Be a domestic nonprofit corporation for all purposes; and
(ii) Be the same corporation without interruption.
(b) The personal liability of a shareholder of the domestic business corporation who becomes a
member of the domestic nonprofit corporation in the conversion is as follows:
(1) The conversion does not discharge any personal liability under the laws of this state to the
extent any such personal liability arose before the effective time of the articles of
conversion;
(2) The member does not have personal liability under the laws of this state for any debt,
obligation, or liability of the corporation that arises after the effective time of the articles
of conversion;
(3) The provisions of the laws of this state continue to apply to the collection or discharge of
any personal liability preserved by subdivision (1), as if the conversion had not occurred;
(4) The member has whatever rights of contribution from other members are provided by the
laws of this state with respect to any personal liability preserved by subdivision (1), as if
the conversion had not occurred.
(c) A shareholder of a domestic business corporation who becomes subject to personal liability
for some or all of the debts, obligations, or liabilities of the corporation as a result of its conversion
in this state has personal liability only for those debts, obligations, or liabilities of the corporation
that arise after the effective time of the articles of conversion.
Section 37. That the code be amended by adding a NEW SECTION to read:
If the conversion of a domestic business corporation to a domestic nonprofit corporation is
abandoned in accordance with the laws of this state after articles of conversion have been filed with
the Office of the Secretary of State, a statement that the conversion has been abandoned, signed by
an officer or other duly authorized representative, must be delivered to the Office of the Secretary
of State for filing. The statement takes effect upon filing and the conversion is abandoned and does
not become effective.
Signed March 15, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\221.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\222.wpd
CHAPTER 222
(SB 46)
Uniform securities act filing fees revised
for certain management companies.
ENTITLED, An Act to revise the notice filing fee for open-end management companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 47-31B-302 be amended to read:
47-31B-302. (a) Required filing of records. With respect to a federal covered security, as defined
in Section 18(b)(2) of the Securities Act of 1933 (15 U.S.C. § 77r(b)(2)), that is not otherwise
exempt under §§ 47-31B-201 through 47-31B-203, a rule adopted or order issued under this chapter
may require the filing of any or all of the following records:
(1) Before the initial offer of a federal covered security in this state, all records that are part
of a federal registration statement filed with the Securities and Exchange Commission
under the Securities Act of 1933 and a consent to service of process complying with § 47-31B-611 signed by the issuer and the payment of a fee of five hundred dollars for open-end management companies with total net assets of fifty million dollars or less, or a filing
fee of one thousand dollars for open-end management companies with total net assets of
more than fifty million dollars but less than two hundred fifty million dollars, or a filing
fee of two thousand dollars for open-end management companies with total net assets
equal to or greater than two hundred fifty million dollars; two hundred and fifty dollars
for any closed end management companies company; or a filing fee of one hundred fifty
dollars for any unit investment trusts trust. A renewal filing is required annually, including
those documents that the director by rule or order may require and a fee as provided in
this subparagraph a(1). An initial or renewal filing includes a separate fee for each
portfolio, series, class, or other designation. An initial or renewal filing shall include the
most recent financial statement showing the nets assets of each portfolio, series, class, or
other designation, unless the maximum fee of two thousand dollars is paid.
(2) After the initial offer of the federal covered security in this state, all records that are part
of an amendment to a federal registration statement filed with the Securities and
Exchange Commission under the Securities Act of 1933. Any amendment that includes
a name change to any filing, including any portfolio, series, class, or other designation,
must include a fifty dollar filing fee for each name change of each portfolio, series, class,
or other designation.
(b) Notice filing effectiveness and renewal. A notice filing under subsection (a) is effective for
one year commencing on the later of the notice filing or the effectiveness of the offering filed with
the Securities and Exchange Commission. On or before expiration, the issuer may renew a notice
filing by filing a copy of those records filed by the issuer with the Securities and Exchange
Commission that are required by rule or order under this chapter to be filed and by paying a renewal
fee as set forth in subsection a(1). A previously filed consent to service of process complying with
§ 47-31B-611 may be incorporated by reference in a renewal. A renewed notice filing becomes
effective upon the expiration of the filing being renewed.
(c) Notice filings for federal covered securities under Section 18(b)(4) (D). With respect to a
security that is a federal covered security under Section 18(b)(4)(D) of the Securities Act of 1933
(15 U.S.C. § 77r(b)(4)(D)), a rule under this chapter may require a notice filing by or on behalf of
an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and
Exchange Commission, and a consent to service of process complying with § 47-31B-611 signed
by the issuer not later than fifteen days after the first sale of the federal covered security in this state
and the payment of a fee of two hundred fifty dollars; and the payment of a fee of two hundred
seventy-five dollars for any late filing.
(d) Stop orders. Except with respect to a federal security under Section 18(b)(1) of the Securities
Act of 1933 (15 U.S.C. § 77r(b)(1)), if the director finds that there is a failure to comply with a
notice or fee requirement of this section, the director may issue a stop order suspending the offer and
sale of a federal covered security in this state. If the deficiency is corrected, the stop order is void as
of the time of its issuance and no penalty may be imposed by the director.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\222.wpd
PUBLIC UTILITIES AND CARRIERS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\223.wpd
CHAPTER 223
(SB 127)
Utility placement across a railroad right-of-way, regulated.
ENTITLED, An Act to revise certain provisions regarding the requirements for placement of a utility
facility across a railroad right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-16A-100.2 be amended to read:
49-16A-100.2. Terms used in §§ 49-16A-100.2 to 49-16A-100.10, inclusive, mean:
(1) "Railroad," any nonpublic association or corporation, or other entity, engaged in operating
a common carrier by rail or any other entity responsible for the management of crossings
or collection of fees for the railroad;
(2) "Rural water system," an entity engaged in the treatment, distribution, and sale of water
to rural consumers that was created by chapters 34A-5, 46A-3A, or 46A-9 or any
nonprofit corporation engaged in such activity;
(3) "Utility," electric utility, public utility, gas utility, municipal utility, municipal power
agency, joint action agency, consumers power district, pipeline company,
telecommunications company, and rural water system;
(4) "Crossing," the construction, operation, repair, or maintenance of a facility, over, under,
or across a railroad right-of-way by a utility. The term does not include longitudinal
occupancy of railroad right-of-way;
(5) "Facility," any item of personal property placed over, across, or underground for use in
connection with the storage or conveyance of water; sewage; electronic, telephone, or
telegraphic communications; fiber optics; cablevision; electric energy; oil; gas; hazardous
liquids; or other substances including pipes, sewers, conduits, cables, valves, lines, wires,
manholes, or attachments;
(6) "Special circumstances," includes the railroad crossing's relationship to other property,
location of the crossing in urban or other developed areas, the existence of unique
topography or natural resources, or other dangers inherent in the particular crossing.
Section 2. That § 49-16A-100.3 be amended to read:
49-16A-100.3. Any utility that intends to place a facility across a railroad right-of-way shall
request prior permission for such provide to the railroad notice of the placement at least thirty days
before the placement from the railroad. The request notice shall be in the form of include a
completed crossing application, including a drawing showing the location of the proposed crossing
and the railroad's property, tracks, and wires that the utility will cross. The utility shall submit the
crossing application on a form provided or approved by the railroad, if available. The crossing
application shall be sent to the railroad by certified mail, return receipt requested. The application
shall be accompanied by the crossing fee as set forth in § 49-16A-100.5, and a certificate of
insurance as required by § 49-16A-100.6.
Section 3. That § 49-16A-100.4 be amended to read:
49-16A-100.4. Beginning thirty Thirty days after the receipt by the railroad of the completed
crossing application, the fee, and certificate of insurance, the utility may commence the construction
of the crossing, unless the railroad notifies the utility in writing that the information contained in the
crossing application is incomplete or inadequate or that special circumstances exist. For purposes
of §§ 49-16A-100.2 to 49-16A-100.10, inclusive, special circumstances include the railroad
crossing's relationship to other property, location of the crossing in urban or other developed areas,
the existence of unique topography or natural resources, or other dangers inherent in the particular
crossing proposed crossing is a serious threat to the safe operations of the railroad or to the current
use of the railroad right-of-way. In all other instances the utility shall be deemed to have
authorization to commence construction of the facility.
Section 4. That § 49-16A-100.5 be amended to read:
49-16A-100.5. Unless otherwise agreed by the parties, a utility that crosses a railroad right-of-way, other than a crossing within the public right-of-way, shall pay the railroad a one-time standard
crossing fee of seven hundred fifty dollars for each crossing. The standard crossing fee is in lieu of
any license, permit, application, processing fee, or any other fees or charges to reimburse the railroad
for the direct expenses incurred by the railroad as a result of the crossing. No other fee may be
assessed by the railroad or by any railroad agent, contractor, or assignee to the utility or to any agent
or contractor of the utility. The utility shall also reimburse the railroad for any reasonable and
necessary flagging expense associated with a crossing, based on the railroad traffic at the crossing,
in addition to the standard crossing fee. No crossing fee is required if the crossing is located within
a public right-of-way.
Section 5. That § 49-16A-100.6 be amended to read:
49-16A-100.6. The certificate of insurance or coverage submitted by a municipality shall include
commercial general liability insurance or equivalent form with a limit of not less than one million
dollars for each occurrence and an aggregate of not less than two million dollars. The certificate of
insurance submitted by any other utility other than a gas or hazardous materials pipeline utility shall
include commercial general liability insurance with a combined single limit of a minimum of two
million dollars for each occurrence and an aggregate limit of at least four million dollars. The
certificate of insurance submitted by a gas or hazardous materials pipeline utility shall include
commercial general liability insurance with a combined single limit of a minimum of five million
dollars for each occurrence and an aggregate limit of at least ten million dollars. The railroad may
require protective liability insurance with a combined single limit of two million dollars for each
occurrence and four million dollars aggregate. The coverage may be provided by a blanket railroad
protective liability insurance policy if the coverage, including the coverage limits, applies separately
to each individual crossing. The coverage shall be required only during the period of construction,
repair, or replacement of the facility.
Section 6. That § 49-16A-100.7 be amended to read:
49-16A-100.7. If a railroad objects to the adequacy of the information contained in the crossing
application or asserts that special circumstances exist proposed crossing due to the proposal being
a serious threat to the safe operations of the railroad or to the current use of the railroad right-of-way,
the railroad shall provide notice of the objection and the specific basis of the objection to the utility
by certified mail, return receipt requested. If the parties are unable to resolve the objection, either
party may petition the Public Utilities Commission for additional requirements or for modification
of the standard crossing fee resolution of the disputed crossing application within sixty thirty days
from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an
attempt to resolve the objection. If a petition is filed, the Public Utilities Commission shall
determine, after notice and opportunity for hearing, whether special circumstances exist that
necessitate additional requirements for the placement or modification of the standard crossing fee
must issue an order within one hundred twenty sixty days of filing of the petition, during which time
the crossing shall be stayed. The order may be appealed pursuant to chapter 1-26. The Public
Utilities Commission shall assess its costs associated with a petition equitably against the parties.
Section 7. That § 49-16A-100.8 be amended to read:
49-16A-100.8. If a railroad asserts in writing by certified mail return receipt requested that
special circumstances exist, or imposes additional requirements upon a utility for crossing its lines,
other than the proposed crossing being a serious threat to the safe operations of the railroad or to the
current use of the railroad right-of-way, the utility may object to one or more of the requirements.
In such event, the utility shall provide notice of the objection and the specific basis of the objection
to the railroad by certified mail, return receipt requested. If the parties are unable to resolve the
objection, either party may petition the Public Utilities Commission for resolution or modification
of the additional requirements objection within sixty thirty days from receipt of the objection. Before
filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a
petition is filed, the Public Utilities Commission, within one hundred twenty ninety days of filing
the petition, shall determine, after notice and opportunity for hearing, whether special circumstances
exist that necessitate additional requirements for the placement of the crossing. The order may be
appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess its costs associated
with a petition equitably against the parties.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\223.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\224.wpd
CHAPTER 224
(HB 1064)
Damages and bad acts to tourist railroads that carry passengers.
ENTITLED, An Act to apply certain penalties regarding damages, tampering, and malicious acts to
certain railroads that carry passengers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 49-16A be amended by adding a NEW SECTION to read:
The provisions of §§ 49-16A-107 and 49-16A-108 apply to a tourist railroad carrier. A tourist
railroad carrier is any person who is engaged in the business of selling tickets or admission to
transport passengers by rail in this state primarily as a visitor attraction and the person owns, leases,
or uses a minimum of five miles of railroad track.
Signed March 15, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\224.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\225.wpd
CHAPTER 225
(SB 35)
References to federal motor carrier regulations updated.
ENTITLED, An Act to update references to certain federal motor carrier regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-28A-3 be amended to read:
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, 2015 2016, 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, 2015 2016, 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 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 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\225.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\226.wpd
CHAPTER 226
(HB 1038)
Federal regulations regarding pipeline safety inspections updated.
ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety
inspections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (8) of § 49-34B-1 be amended to read:
(8) "Interstate pipeline," pipeline facilities used in the transportation of gas which are subject
to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas
Act, United States Code, Title 15, sections 717 to 717z, inclusive, as amended to January
12, 2012 January 1, 2016, except that it does not include any pipeline facilities within this
state which transport gas from an interstate gas pipeline to a direct sales customer within
this state purchasing gas for its own consumption;
Section 2. That § 49-34B-2 be amended to read:
49-34B-2. Any rural gathering facility as defined in 49 C.F.R. 192.8 as of January 12, 2012
amended to January 1, 2016, is exempt from this chapter.
Section 3. That § 49-34B-3 be amended to read:
49-34B-3. There is created a pipeline safety inspection program. The federal safety standards
adopted as Code of Federal Regulations, title 49 appendix, parts 191, 192, 193, and 199 as amended
to January 12, 2012 January 1, 2016, are adopted as minimum safety standards for this chapter. The
commission shall establish and implement a compliance program to enforce these safety standards.
The program shall be established and implemented in a manner that fully complies with requirements
for state certification under the United States Code, title 49, section 60105, as amended to January
12, 2012 January 1, 2016.
Section 4. That § 49-34B-4 be amended to read:
49-34B-4. The commission may, by rules promulgated pursuant to chapter 1-26, establish safety
standards, but not more stringent than federal safety standards as provided by § 49-34B-3, for the
intrastate transportation of gas and gas pipeline facilities. The standards may apply to the design,
installation, inspection, testing, construction, extension, operation, replacement, and maintenance
of gas pipeline facilities. Standards affecting the design, installation, construction, initial inspection,
and initial testing do not apply to pipeline facilities in existence on the date the standards are adopted
by either this state or the federal government. The safety standards shall be practicable and designed
to meet the need for pipeline safety. In prescribing the standards, the commission shall consider:
(1) Relevant available pipeline safety data;
(2) Whether the standards are appropriate for the particular type of pipeline transportation of
gas;
(3) The reasonableness of any proposed standards;
(4) The extent to which the standard will contribute to public safety; and
(5) The existing standards established by the secretary of the United States Department of
Transportation pursuant to the United States Code, title 49, section 60101 et seq. as
amended to
January 12, 2012 January 1, 2016.
Section 5. That § 49-34B-13 be amended to read:
49-34B-13. No person is subject to civil penalties under this chapter if prior civil penalties have
been imposed under the United States Code, title 49, section 60101 et seq. as amended to January
12, 2012 January 1, 2016, for conduct that may give rise to a violation of both acts. Nothing in this
chapter limits the powers of the commission, or precludes the pursuit of any other administrative,
civil, injunctive, or criminal remedies by the commission or any other person. Administrative
remedies need not be exhausted in order to proceed under this chapter. The remedies provided by
this chapter are in addition to those provided under existing statutory or common law.
Section 6. That § 49-34B-14 be amended to read:
49-34B-14. The commission may, to the extent authorized by agreement with the secretary of
the United States Department of Transportation, act as agent for the secretary of transportation to
implement the United States Code, title 49, section 60101 et seq. as amended to January 12, 2012
January 1, 2016, and any federal pipeline safety regulations promulgated thereto with respect to
interstate gas pipelines located within this state, as necessary to obtain annual federal certification.
The commission shall, to the extent authorized by federal law, inspect pipelines in the state as
authorized by the provisions of this chapter.
Section 7. That § 49-34B-15 be amended to read:
49-34B-15. The commission may seek and accept federal designation of the commission's
pipeline inspectors as federal agents for the purposes of inspection pursuant to the United States
Code, title 49, section 60101 et seq. as amended to January 12, 2012 January 1, 2016, and federal
rules adopted to implement those acts. If the Department of Transportation delegates inspection
authority to the state as provided in this section, the commission shall do what is necessary to carry
out its delegated federal authority.
Section 8. That § 49-34B-19 be amended to read:
49-34B-19. The commission may promulgate pipeline inspection and safety rules, pursuant to
chapter 1-26, to the extent necessary to enable the state to qualify for annual federal certification to
operate the federal pipeline inspection program of intrastate and interstate gas pipelines as authorized
by the United States Code, title 49, section 60101 et seq. as amended to January 12, 2012 January 1,
2016.
Section 9. That § 49-34B-22 be amended to read:
49-34B-22. All information reported to or obtained by the commission under this chapter that
contains or relates to a trade secret referred to in United States Code, title 18, section 1905, as
amended to
January 12, 2012 January 1, 2016, or that is granted by chapter 37-29 is confidential for
the purpose of that section, except that the information may be disclosed to the commission or
commission employee or agent concerned with enforcing this chapter. Nothing in this section
authorizes the withholding of information by the commission from a committee of the Legislature.
Signed February 12, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\226.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\227.wpd
CHAPTER 227
(HB 1046)
Railroad trust fund appropriation.
ENTITLED, An Act to make an appropriation to the railroad trust fund and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the general fund the sum of one million dollars
($1,000,000), or so much thereof as may be necessary, to the railroad trust fund created by § 49-16C-1 for the purposes of planning, enlarging, maintaining, equipping, and protecting railroads and
railroad facilities.
Section 2. The secretary of the Department of Transportation shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed March 15, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\227.wpd
BANKS AND BANKING
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\228.wpd
CHAPTER 228
(HB 1042)
Appropriation to establish the trust company receivership and
liquidation captive insurance company fund.
ENTITLED, An Act to establish the trust company receivership and liquidation captive insurance
company fund and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the banking special revenue fund established in
§ 51A-2-30 the sum of two million two hundred twenty thousand dollars ($2,220,000), or so much
thereof as may be necessary, to the Department of Labor and Regulation for the purpose of making
a grant to a captive insurance company controlled entirely by the state for the purpose of trust
company receivership and liquidation coverage.
Section 2. The secretary of the Department of Labor and Regulation 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 trust company receivership and
liquidation captive insurance company fund. The Department of Labor and Regulation may enter into
an agreement with a captive insurance company for the management of the fund. Money in the fund
may be used to pay for trust company receivership and liquidation costs for trust companies
chartered and regulated by the Division of Banking as well as administrative and reinsurance costs
for the 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
trust company receivership and liquidation 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.
Signed March 14, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\228.wpd
DEBTOR AND CREDITOR
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\229.wpd
CHAPTER 229
(SB 57)
Contracts between a debtor and creditor.
ENTITLED, An Act to redefine the term, written agreement, relating to contracts between a debtor
and creditor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-3-1.1 be amended to read:
54-3-1.1. Unless a maximum interest rate or charge is specifically established elsewhere in the
code, there is no maximum interest rate or charge, or usury rate restriction between or among
persons, corporations, limited liability companies, estates, fiduciaries, associations, or any other
entities if they establish the interest rate or charge by written agreement. A written agreement is a
document in writing, whether in physical or electronic form, in which the parties have demonstrated
their agreement to the terms and conditions of an extension of credit, including the rate of interest.
A written agreement includes the contract created by § 54-11-9.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\229.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\230.wpd
CHAPTER 230
(HB 1242)
A representative may request a security freeze
for a protected person's credit report.
ENTITLED, An Act to authorize certain persons to request a security freeze on the credit report of
a protected consumer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Protected consumer," a person who is under the age of sixteen years at the time a request
for the placement of a security freeze is made or an incapacitated person or a protected
person for whom a guardian or conservator has been appointed;
(2) "Record," a compilation of information that is created by a consumer reporting agency
solely for the purpose of complying with this section, identifies a protected consumer, and
may not be used to consider the protected consumer's credit worthiness, credit standing,
credit capacity, character, general reputation, personal characteristics, or mode of living;
(3) "Representative," a person who provides to a consumer reporting agency sufficient proof
of authority to act on behalf of a protected consumer;
(4) "Security freeze," a notice placed on a consumer's credit report that prohibits a consumer
reporting agency from releasing the consumer's credit report relating to the extension of
credit involving that consumer's report, without the express authorization of the protected
person's representative;
(5) "Sufficient proof of authority," documentation that shows a representative has authority
to act on behalf of a protected consumer and includes an order issued by a court of law,
a lawfully executed and valid power of attorney, or a notarized statement signed by a
representative that expressly describes the authority of the representative to act on behalf
of a protected consumer;
(6) "Sufficient proof of identification," information or documentation that identifies a
protected consumer or a representative of a protected consumer and includes a social
security number or a copy of a social security card issued by the social security
administration, a certified or official copy of a birth certificate, or a copy of a driver
license, an identification card issued by the motor vehicle administration, or any other
government issued identification.
Section 2. That the code be amended by adding a NEW SECTION to read:
A consumer reporting agency shall place a security freeze for a protected consumer if the agency
receives a request from the protected consumer's representative for the placement of the security
freeze under this section and the protected consumer's representative:
(1) Submits the request to the agency in the manner specified by the agency;
(2) Provides to the agency sufficient proof of identification of the protected consumer and the
representative;
(3) Provides to the agency sufficient proof of authority to act on behalf of the protected
consumer; and
(4) Pays to the agency a fee as provided in section 9 of this Act.
If a consumer reporting agency does not have a file pertaining to a protected consumer when the
consumer reporting agency receives a request under this section, the consumer reporting agency shall
create a record for the protected consumer.
Section 3. That the code be amended by adding a NEW SECTION to read:
This Act does not apply to the use of a protected consumer's credit report or record by:
(1) A person administering a credit file monitoring subscription service to which the
protected consumer has subscribed or the representative of the protected consumer has
subscribed on behalf of the protected consumer;
(2) A person providing the protected consumer or the protected consumer's representative
with a copy of the protected consumer's credit report on request of the protected consumer
or the protected consumer's representative; or
(3) A check services or fraud prevention services company that issues reports on incidents
of fraud or authorizations for the purpose of approving or processing negotiable
instruments, electronic funds transfers, or similar payment methods;
(4) A deposit account information service company that issues reports regarding account
closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar
negative information regarding a consumer to inquiring financial institutions for use only
in reviewing a consumer request for a deposit account at the inquiring financial
institution;
(5) An insurance company for the purpose of conducting its ordinary business;
(6) A consumer reporting agency that acts only to resell credit information by assembling and
merging information contained in a database of one or more consumer reporting agencies
and does not maintain a permanent database of credit information from which new credit
reports are produced; and
(7) A consumer reporting agency's database that consists of information used for criminal
record information, fraud prevention or detection, personal loss history information, or
employment, tenant, or individual background screening, but not for credit granting
services.
Section 4. That the code be amended by adding a NEW SECTION to read:
Within thirty days after receiving a request that meets the requirements of this Act, a consumer
reporting agency shall place a security freeze for the protected consumer.
Section 5. That the code be amended by adding a NEW SECTION to read:
Unless a security freeze for a protected consumer is removed in accordance with sections 7 or
10 of this Act, a consumer reporting agency may not release the protected consumer's credit report,
any information derived from the protected consumer's credit report, or any record created for the
protected consumer.
Section 6. That the code be amended by adding a NEW SECTION to read:
A security freeze for a protected consumer placed under section 4 of this Act shall remain in
effect until:
(1) The protected consumer or the protected consumer's representative requests the consumer
reporting agency to remove the security freeze in accordance with section 7 of this Act;
or
(2) The security freeze is removed in accordance with section 10 of this Act.
Section 7. That the code be amended by adding a NEW SECTION to read:
If a protected consumer or a protected consumer's representative wishes to remove a security
freeze for the protected consumer, the protected consumer or the protected consumer's representative
shall submit a request for the removal of the security freeze to the consumer reporting agency in the
manner specified by the agency. If the request is made by the protected consumer, the requestor shall
provide to the consumer reporting agency proof that the authority for the protected consumer's
representative is no longer valid and sufficient proof of the identification of the protected consumer.
If the request is made by the protected consumer's representative, the requestor shall provide to the
consumer reporting agency sufficient proof of identification of the protected consumer and the
representative, and sufficient proof of authority to act on behalf of the protected consumer.
The requestor shall pay to the consumer reporting agency a fee as provided in section 9 of this
Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
Within thirty days after receiving a request that meets the requirements of section 7 of this Act,
the consumer reporting agency shall remove the security freeze for the protected consumer.
Section 9. That the code be amended by adding a NEW SECTION to read:
A consumer reporting agency may charge a reasonable fee, not exceeding five dollars, for each
placement or removal of a security freeze for a protected consumer. However, no consumer reporting
agency may charge a fee under this section if the protected consumer's representative provides a
police report or affidavit of alleged identity fraud against the protected consumer to the consumer
reporting agency, or a request for the placement or removal of a security freeze is for a protected
consumer who is under the age of sixteen years at the time of the request, and the agency has a
consumer report pertaining to the protected consumer. No consumer reporting agency may charge
a fee for any other service performed under this Act.
Section 10. That the code be amended by adding a NEW SECTION to read:
A consumer reporting agency may remove a security freeze for a protected consumer or delete
a record of a protected consumer if the security freeze was placed or the record was created based
on a material misrepresentation of fact by the protected consumer or the protected consumer's
representative.
Signed March 22, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\230.wpd
FIDUCIARIES AND TRUSTS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\231.wpd
CHAPTER 231
(HB 1039)
Trust and trust company oversight revised.
ENTITLED, An Act to revise various trust and trust company provisions and to establish and
regulate South Dakota special spousal trusts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 51A-6A-1 be amended to read:
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) "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;
(6) "Director," the director of the Division of Banking;
(7) "Fiduciary for hire," acting as 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;
(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);
(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:
51A-6A-2. For the purposes of this chapter, confidential information includes the names of
stockholders or owners, names and addresses of the members of a private trust company's governing
board, 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.
Section 3. That § 51A-6A-7 be amended to read:
51A-6A-7. Any three or more persons may organize a public trust company and make and file
articles as provided by the laws of this state. Any one or more persons may organize a private trust
company and make and file articles as provided by the laws of this state. No trust company may be
organized or incorporated to engage in business as such until the articles have been submitted and
approved in accordance with § 51A-6A-4. The name selected for the trust company may not be the
name of any other trust company doing business in the state, and the director shall accept or reject
the name. However, the approval of a trust company name by the director may not supersede any
person's rights pursuant to state or federal trademark law. The articles, in addition to any other
information required by law, shall state:
(1) That the corporation or limited liability company is formed for the purpose of engaging
in the trust company business; and
(2) The period for which such corporation or limited liability company is organized, which
may be perpetual.
The articles may contain any other provisions as are consistent with law. The articles shall be
subscribed by one or more of the organizers of the proposed trust company and shall be
acknowledged by them. The full amount of the capital required by § 51A-6A-19 shall be subscribed
before the articles are filed.
Section 4. That § 51A-6A-11.1 be amended to read:
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 quarterly governing board meetings with a majority physically
present in South Dakota annually each calendar year;
(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 5. That chapter 51A-6A be amended by adding a NEW SECTION to read:
For purposes of § 51A-6A-11.1, office space in South Dakota for each public trust company
shall:
(1) Be in premises distinct and divided from the office space of any other entity;
(2) Have the name, charter, and certificate of authority of the trust company prominently
displayed;
(3) Have access to premises in or adjacent to the office space sufficient to facilitate onsite
examinations by the division;
(4) To the extent the trust company maintains hard copies of any documents required to be
maintained pursuant to § 51A-6A-30, have a secure fireproof file cabinet that contains all
such hard copies; and
(5) To the extent the trust company maintains any record electronically, have a secure
computer terminal or other secure electronic device that provides access to such records,
including account information, as necessary to facilitate an efficient and effective
examination.
For public trust companies chartered in South Dakota prior to July 1, 2016, the division shall
determine full compliance with the provisions of this section at the first regular examination after
June 30, 2018.
Section 6. That chapter 51A-6A be amended by adding a NEW SECTION to read:
Upon application by a trust company, the director may approve office space that does not meet
the requirements of section 6 of this Act if the director determines the nature and degree of risks
presented by the trust company are low based upon a review of the size, nature, and number of
accounts administered by the trust company, the structure and business plan of the trust company
approved by the division, and the number of employees or persons performing services for the trust
company in South Dakota.
If the size, risk profile, or rate of growth of a trust company changes, or if a trust company's
office space is insufficient to facilitate onsite examinations by the division, the director may impose
additional office space requirements.
Section 7. That § 51A-6A-15 be amended to read:
51A-6A-15. The governing board shall hold at least four regular meetings each year, at least one
of which shall be held during each calendar quarter. Unless otherwise provided in the trust
company's organizational documents, the governing board or an authorized committee may conduct,
or permit any member to participate in, a regular or special meeting through the use of any means
of communication by which all members participating may simultaneously hear each other during
the meeting. A member participating in a meeting by this means is considered present in person at
the meeting. The governing board or an auditor selected by them shall make a thorough examination
of the books, records, funds, and securities held by the trust company at each of the quarterly
meetings. The result of the examination shall be recorded in detail. If the governing board selects an
auditor, the auditor's findings shall be reported directly to the governing board. In lieu of the required
four quarterly examinations, the governing board may accept one annual audit by a certified public
accountant or an independent auditor approved by the director.
The provisions of this section do not alter, amend, or change the requirement of a public trust
company to hold no less than two quarterly governing board meetings with a majority physically
present in South Dakota each calendar year pursuant to § 51A-6A-11.1.
Section 8. That § 51A-6A-58 be amended to read:
51A-6A-58. After first applying for and obtaining the approval of the director, one or more trust
service offices may be established and operated by a trust company incorporated under the laws of
this state or by an out-of-state trust institution, if and to the extent that the state, territory, or district
in which the out-of-state trust institution is chartered or licensed to engage in a trust company
business grants authority for a trust company organized and doing business under the laws of this
state to establish an office in that state, territory, or district. An application to establish and operate
a trust service office or to relocate an existing trust service office shall be submitted and approved
in the manner set forth in § 51A-6A-4.
A trust company may establish a trust service office in another state, territory, or district and may
conduct any activities at that office that are permissible for a trust company under the laws of that
state, territory, or district subject to the laws of this state and subject to the rules, orders, or
declaratory rules of the commission or the director.
The provisions of this section do not apply to a private trust company unless the governing board
decides to establish a trust service office in another state, territory, or district.
Section 9. That § 55-1-12 be amended to read:
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 or by reason of the existence or exercise of a discretionary power described in
§ 55-1-36.1 with respect to the person. As used in this title, except as provided in § 55-1-26, the
term, power of appointment, means a power, including a withdrawal power as defined in
§ 55-1-24.2, to direct the disposition of trust property, but does not include the authority of a trustee
to make a distribution to a beneficiary. A power of appointment is held by the person to whom the
power has been given and once granted to a person, is not capable of appropriation or of manual
delivery. A power of appointment is a general power of appointment if it is exercisable in favor of
the person holding the power, the person's estate, the person's creditors, or the creditors of the
person's estate, whether or not the power is also exercisable in favor of others. A power of
appointment is a nongeneral power of appointment if it is not a general power of appointment. As
used in this section chapter, the term, person, has the meaning set forth in § 55-4-1.
Section 10. That § 55-1-24 be amended to read:
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) "Distribution beneficiary," a beneficiary who is an eligible distributee or permissible
distributee of trust income or principal;
(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;
(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 as
defined in § 55-1-12;
(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;
(6) "Remainder interest," an interest where a trust beneficiary receives the property outright
at some time during the future;
(7) "Reserved power," a power held by the settlor.
Section 11. That § 55-1-24.2 be amended to read:
55-1-24.2. A withdrawal power allows a beneficiary person a right to withdraw all or some part
of the trust property, whether from income or principal. The holder of a power of withdrawal power
is not deemed to be the settlor of the trust by failing to exercise a withdrawal power or letting a
withdrawal power lapse.
Section 12. That § 55-1-26 be amended to read:
55-1-26. Regardless of whether or not a trust contains a spendthrift provision:
(1) No beneficial interest, power of appointment, or reserved power in a trust may be
judicially foreclosed;
(2) No creditor may reach a power of appointment or a remainder interest at the trust level.
The creditor shall wait until the funds are distributed before the creditor may reach the
funds; and
(3) No power of appointment is a property or an interest in property.
For purposes of this section, power of appointment is held by a person to whom a power has been
given, not the settlor.
Section 13. That § 55-1-36.1 be amended to read:
55-1-36.1. Regardless of whether the transfer a disposition is a qualified transfer disposition
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 where a trustee is granted a discretionary power
by the terms of the trust instrument, or any provision of law, to pay directly to any taxing authority,
or to reimburse the person liable for, any tax imposed by a taxing authority on the person by reason
of the person being treated as the owner of all or any portion of the trust property pursuant to §§ 671
to 678, inclusive, of the Internal Revenue Code of 1986, 26 U.S.C. §§ 671 to 678, inclusive, as of
January 1, 2016, and the U.S. Treasury Regulations promulgated thereunder, as of January 1, 2016:
(1) A creditor of the person shall not satisfy a claim from the property of the trust solely
because of the existence or exercise of the discretionary power; and
(2) The use of trust property to pay the tax shall not be deemed a distribution or transfer of
trust property to the person for any purpose, and the amount paid from the trust to the
taxing authority or to the person in reimbursement of the person's payment of the tax is
not subject to the claims of a creditor of the person solely because of the existence or
exercise of the discretionary power.
Section 14. That chapter 55-1 be amended by adding a NEW SECTION to read:
A trust is valid and enforceable even though it may not be funded at a given time, or from time
to time, or does not initially have any res or corpus or otherwise contain any asset of any nature. A
trust is valid and enforceable even though its res is neither ascertainable nor identifiable at the time
of the trust's creation. No trustee, trust protector, or trust advisor has any duty prior to the time a trust
has a res, corpus, or any asset.
Section 15. That § 55-1B-1 be amended to read:
55-1B-1. Terms used in this chapter mean:
(1) "Instrument," any revocable or irrevocable trust document created inter vivos or
testamentary or any custodial account agreement;
(2) "Trust protector," any person whose appointment as protector is provided for in the
instrument. Such person may not be considered to be acting in a fiduciary capacity except
to the extent the governing instrument provides otherwise. However, a protector shall be
considered acting in a fiduciary capacity to the extent that the person exercises the
authority of an investment trust advisor or a distribution trust advisor;
(3) "Trust advisor," either an investment trust advisor or a distribution trust advisor;
(4) "Fiduciary," a trustee or custodian under any instrument, an executor, administrator, or
personal representative of a decedent's estate, or any other party, including a trust advisor,
a trust protector, or a trust committee, who is acting in a fiduciary capacity for any person,
trust, or estate;
(5) "Excluded fiduciary," any fiduciary excluded from exercising certain powers under the
instrument which powers may be exercised by the grantor, custodial account owner, trust
advisor, trust protector, trust committee, or other persons designated in the instrument;
(6) "Investment trust advisor," a fiduciary, given authority by the instrument to exercise all
or any portions of the powers and discretions set forth in § 55-1B-10;
(7) "Distribution trust advisor," a fiduciary, given authority by the instrument to exercise all
or any portions of the powers and discretions set forth in § 55-1B-11;
(8) "Custodial account," an account, established by a party with a bank as defined in 26
U.S.C. 408(n), as of January 1, 2006, or with another person approved by the Internal
Revenue Service as satisfying the requirements to be a nonbank trustee or a nonbank
passive trustee set forth in U.S. Treasury Regulations promulgated under 26 U.S.C. 408,
that is governed by an instrument concerning the establishment or maintenance, or both,
of an individual retirement account, qualified retirement plan, Archer medical savings
account, health savings account, Coverdell education savings account, or any similar
retirement or savings vehicle permitted under the Internal Revenue Code of 1986, as of
January 1, 2006;
(9) "Custodial account owner," any party who establishes a custodial account; or has the
power to designate the beneficiaries or appoint the custodian of the custodial account; or
otherwise is the party who possesses the power to direct the investment, disposition, or
retention of any assets in the custodial account or name an authorized designee to effect
the same;
(10) "Family advisor," any person whose appointment is provided for in the governing
instrument or by court order who is authorized to consult with or advise a fiduciary with
regard to fiduciary or nonfiduciary matters and actions, and who may also be authorized
by the governing instrument or court order to otherwise act in a nonfiduciary capacity.
Section 16. That § 55-1B-2 be amended to read:
55-1B-2. An excluded fiduciary is not liable, either individually or as a fiduciary, for any of the
following:
(1) Any loss that results from compliance with a direction of the trust advisor, custodial
account owner, or authorized designee of a custodial account owner, including any loss
from the trust advisor breaching fiduciary responsibilities or acting beyond the trust
advisor's scope of authority;
(2) Any loss that results from a failure to take any action proposed by an excluded fiduciary
that requires a prior authorization of the trust advisor if that excluded fiduciary timely
sought but failed to obtain that authorization;
(3) Any loss that results from any action or inaction, except for gross negligence or willful
misconduct, when an excluded fiduciary is required, pursuant to the trust agreement or
any other reason, to assume the role of trust advisor, trust protector, investment trust
advisor, or distribution trust advisor.
Any excluded fiduciary is also relieved from any obligation to review or evaluate any direction
from a distribution trust advisor or to perform investment or suitability reviews, inquiries, or
investigations or to make recommendations or evaluations with respect to any investments to the
extent the trust advisor, custodial account owner, or authorized designee of a custodial account
owner had authority to direct the acquisition, disposition, or retention of any such investment. If the
excluded fiduciary offers such communication to the trust advisor, trust protector, investment trust
advisor, or distribution trust advisor or any investment person selected by the investment trust
advisor, such action may not be deemed to constitute an undertaking by the excluded fiduciary to
monitor or otherwise participate in actions within the scope of the advisor's authority or to constitute
any duty to do so.
Any excluded fiduciary is also relieved of any duty to communicate with or warn or apprise any
beneficiary or third party concerning instances in which the excluded fiduciary would or might have
exercised the excluded fiduciary's own discretion in a manner different from the manner directed by
the trust advisor, trust protector, investment trust advisor, or distribution trust advisor.
Absent contrary provisions in the governing instrument, the actions of the excluded fiduciary
(such as any communications with the trust advisor and others and carrying out, recording, and
reporting actions taken at the trust advisor's direction) pertaining to matters within the scope of
authority of the trust advisor, trust protector, investment trust advisor, or distribution trust advisor
shall be deemed to be administrative actions taken by the excluded fiduciary solely to allow the
excluded fiduciary to perform those duties assigned to the excluded fiduciary under the governing
instrument, and such administrative actions may not be deemed to constitute an undertaking by the
excluded fiduciary to monitor, participate, or otherwise take any fiduciary responsibility for actions
within the scope of authority of the trust advisor, trust protector, investment trust advisor, or
distribution trust advisor.
Nothing in subdivision (2) imposes an obligation or liability with respect to a custodian of a
custodial account.
In an action against an excluded fiduciary pursuant to the provisions of this section, the burden
to prove the matter by clear and convincing evidence is on the person seeking to hold the excluded
fiduciary liable.
Section 17. That § 55-1B-6 be amended to read:
55-1B-6. The powers and discretions of a trust protector are as provided in the governing
instrument and may be exercised or not exercised, in the best interests of the trust, in the sole and
absolute discretion of the trust protector and are binding on all other persons. The powers and
discretion may include the following:
(1) Modify or amend the trust instrument to achieve favorable tax status or respond to
changes in the Internal Revenue Code, state law, or the rulings and regulations thereunder;
(2) Increase or decrease the interests of any beneficiaries to the trust;
(3) Modify the terms of any power of appointment granted by the trust. However, a
modification or amendment may not grant a beneficial interest to any individual or class
of individuals not specifically provided for under the trust instrument;
(4) Remove and appoint a trustee, a fiduciary provided for in the governing trust instrument,
trust advisor, investment committee member, or distribution committee member;
(5) Terminate the trust;
(6) Veto or direct trust distributions;
(7) Change situs or governing law of the trust, or both;
(8) Appoint a successor trust protector;
(9) Interpret terms of the trust instrument at the request of the trustee;
(10) Advise the trustee on matters concerning a beneficiary;
(11) Amend or modify the trust instrument to take advantage of laws governing restraints on
alienation, distribution of trust property, or the administration of the trust; and
(12) Provide direction regarding notification of qualified beneficiaries pursuant to § 55-2-13;
(13) Add to the trust an individual beneficiary or beneficiaries from a class of individuals
identified in the governing instrument;
(14) Add to the trust a charitable beneficiary or beneficiaries from a class of charities identified
in the trust instrument; and
(15) Provide other powers and discretions in the governing instrument.
The powers referenced in subdivisions (5), (6), and (11) may be granted notwithstanding the
provisions of §§ 55-3-24 to 55-3-28, inclusive.
Section 18. That chapter 55-1B be amended by adding a NEW SECTION to read:
The powers and discretions of a family advisor are as provided in the governing instrument or
by court order and may be exercised or not exercised, in the best interests of the trust, in the sole and
absolute discretion of the family advisor. The powers and discretions may only include the
following:
(1) Remove and appoint a trustee, a fiduciary provided for in the governing trust instrument,
trust advisor, investment committee member, or distribution committee member;
(2) Appoint a successor trust protector or a successor family advisor;
(3) Advise the trustee on matters concerning any beneficiary; receive trust accountings,
investment reports, and other information from the trustee or to which a beneficiary is
entitled; attend meetings whether in person or by any other means with the trustee,
investment trust advisors, distribution trust advisors, or other advisors whether in person
or by any means, electronic or otherwise; and to consult with a fiduciary regarding both
fiduciary and nonfiduciary matters or actions, all without any power or discretion to take
any action as a fiduciary; or
(4) Provide direction regarding notification of qualified beneficiaries pursuant to § 55-2-13.
A family advisor is not required to exercise any powers or discretions under any circumstances.
Every action or inaction by a family advisor is a nonfiduciary action or inaction and a family advisor
is absolutely excluded from liability to any other person for an action or inaction as a family advisor.
A court may review a family advisor's exercise of the powers described in subdivisions (1), (2), and
(4) only if the family advisor acts dishonestly or with an improper motive but may not review a
family advisor's failure to exercise any powers. A reasonableness standard may not be applied to any
action or inaction of a family advisor. Other than for the two circumstances listed above, a court has
no jurisdiction to review a family advisor's action or inaction.
A family advisor is entitled to compensation as provided in the governing instrument. If the
governing instrument does not provide for or establish compensation, a family advisor is entitled to
reasonable compensation for the exercise of the powers and discretions granted to the family advisor
pursuant to this chapter.
Section 19. That § 55-3-3 be amended to read:
55-3-3. When a trustee is appointed by a court or public officer as such, such a trustee, the court
or officer is the trustor. A court may otherwise establish or create a trust and may act as the trustor
of a trust.
Section 20. That § 55-3-7 be amended to read:
55-3-7. A trustee is a general agent for the trust and the trust property. His The trustee's authority
is such as the authority that is conferred upon him the trustee by the declaration of trust and by this
chapter and none other. His The trustee's acts, within the scope of his the trustee's authority, bind the
trust and the trust property to the same extent as the acts of an agent bind his the agent's principal.
Section 21. That § 55-3-23 be amended to read:
55-3-23. In addition to the methods specified in §§ 55-3-24 to 55-3-27, inclusive, a trust
terminates if:
(1) The term of the trust expires;
(2) The trust purpose if is fulfilled;
(3) The trust purpose becomes unlawful or impossible to fulfill; or
(4) The trust is revoked.
Section 22. That § 55-3-28 be amended to read:
55-3-28. On petition by a trustee or beneficiary, the court may reform the terms of the trust, based
upon a showing by the preponderance of the evidence and without any preliminary showing of an
ambiguity, to conform to the trustor's intention if the failure to conform was due to a mistake of fact
or law and the trustor's intent can be established. The terms of the trust may be construed or
modified, in a manner that does not violate the trustor's probable intention, to achieve the trustor's
tax objectives.
Section 23. That § 55-3-48 be amended to read:
55-3-48.
Except as otherwise expressly provided by the terms of a governing instrument
specifically addressing the governing law for trust administration or by court order Unless the
governing instrument or a court order expressly prohibits the change of the law of another
jurisdiction to govern the administration of the trust, the laws of South Dakota shall govern the
administration of a trust while the trust is administered in South Dakota.
Section 24. That § 55-16-10 be amended to read:
55-16-10. A cause of action or claim for relief with respect to a fraudulent transfer of a settlor's
assets under § 55-16-9 is extinguished unless the action under § 55-16-9 is brought by a creditor of
the settlor who meets one of the following requirements:
(1) Is a creditor of the settlor before the settlor's assets are transferred to the trust, and the
action under § 55-16-9 is brought within the later of:
(a) Two years after the transfer is made; or
(b) Six months after the transfer is or reasonably could have been discovered by the
creditor if the creditor:
(i) Can demonstrate that the creditor asserted a specific claim against the settlor
before the transfer; or
(ii) Files another action, other than an action under § 55-16-9, against the settlor
that asserts a claim based on an act or omission of the settlor that occurred
before the transfer, and the action described in this sub-subsection is filed
within two years after the transfer; or
(2) Becomes a creditor subsequent to the transfer into trust, and the action under § 55-16-9
is brought within two years after the transfer is made.;
(3) In any action described in § 55-16-9, the burden to prove the matter by clear and
convincing evidence is upon the creditor;
(4) A person is deemed to have discovered a transfer at the time a public record of the transfer
is made, including the conveyance of an interest in real property that is recorded in the
appropriate public filing office where the property is located, the filing of a financing
statement pursuant to chapter 57A-9, or the filing of a bill of sale or other transfer
instrument regarding personal property; or
(5) The filing of a bill of sale or other transfer instrument which conveys personal property
to a trust which is governed by this chapter shall be filed in the applicable public filing
office determined as follows:
(a) If the transferor is a natural person and is a resident of this state, the personal
property transfer instrument shall be recorded in the county in this state where the
transferor maintains the transferor's principal residence; and
(b) In all other cases, the personal property transfer instrument shall be recorded in the
county in this state where the trustee of the trust maintains a principal residence or
principal place of business.
Section 25. That § 55-16-11 be amended to read:
55-16-11. A qualified disposition that is made by means of a disposition by a transferor who is
a trustee is deemed to have been made as of the time, whether before, on, or after July 1, 2005, the
property that is the subject of the qualified disposition was originally transferred to the transferor,
or any predecessor trustee, making the qualified disposition in a form that meets the requirements
of subdivisions 55-16-2(2) and (3). Further, the provisions of this section apply to determine the date
the transfer is deemed to have been made, notwithstanding that the original transfer was to a trust
originally within or outside of the jurisdiction of South Dakota.
If property transferred to a spendthrift trust is conveyed to the settlor or to a beneficiary for the
purpose of obtaining a loan secured by a mortgage or deed of trust on the property and then
reconveyed to the trust within one hundred eighty days of recording the mortgage or deed of trust,
for purposes of subdivision 55-16-10(1), the transfer is disregarded and the reconveyance relates
back to the date the property was originally transferred to the trust. The mortgage or deed of trust on
the property is enforceable against the trust.
Section 26. That § 55-16-13 be amended to read:
55-16-13. Notwithstanding any other provision of law, no action of any kind, including an action
to enforce a judgment entered by a court or other body having adjudicative authority, may be brought
at law or in equity against the trustee, or advisor described in § 55-16-4, of a trust that is the subject
of a qualified disposition, or against any person involved in the counseling, drafting, preparation,
execution, or funding of a trust that is the subject of a qualified disposition, if, as of the date such
action is brought, an action by a creditor with respect to such qualified disposition would be barred
under §§ 55-16-9 to 55-16-12, inclusive. A court of this state has exclusive jurisdiction over an
action brought under a claim for relief that is based on a transfer of property to a trust that is the
subject of this section. A court of this state may award attorneys' fees and costs to the prevailing
party in such an action. In any action described in this section, the burden to prove the matter by clear
and convincing evidence is upon the creditor.
Section 27. That § 21-22-2 be amended to read:
21-22-2. This chapter applies to all trusts if any part of the trust estate has its situs within this
state or if the trustee or a beneficiary resides in this state, except as otherwise specifically provided
by statute or rule of court, the intent being to exclude therefrom such trusts as a statutory assignment
for the benefit of creditors, probate administrations, conservatorships, and all other trusts as to which
specific provision is made for court supervision. The provisions of §§ 55-3-24 to 55-3-44 55-3-48,
inclusive, are applicable to actions or proceedings relating to trusts supervised or administered under
this chapter.
Section 28. That § 21-22-28 be amended to read:
21-22-28. The privacy of those who have established a court trust or other trust shall be protected
in any court proceeding concerning the trust if the acting fiduciary, the trustor (if living), or any
beneficiary so petition the court. Upon the filing of such a any petition, the instrument on which the
trust is based, inventory, statement filed by any fiduciary, annual verified report of a fiduciary, final
report of a fiduciary, and all petitions relevant to trust administration and all court orders thereon
shall be sealed upon filing and may not be made a part of the public record of the proceeding, but
are available to the court, to the trustor, to any fiduciary, to any beneficiary, to their attorneys, and
to such other interested persons as the court may order upon a showing of the need.
Section 29. That the code be amended by adding a NEW SECTION to read:
An arrangement is a South Dakota special spousal trust if one or both spouses in a marriage
transfer property to a trust, the trust expressly declares that some or all the property transferred is
South Dakota special spousal property as provided in this section to section 42, inclusive, of this Act,
and at least one trustee is a qualified person. A South Dakota special spousal trust is enforceable
without consideration. Both spouses or either spouse may be a trustee. The trust must be signed by
both spouses. The trust may be revocable or irrevocable.
For purposes of this section, a qualified person is any person who meets the requirements of
§§ 55-3-41 and 55-3-39, but without regard to whether that person is the transferor.
Section 30. That the code be amended by adding a NEW SECTION to read:
A South Dakota special spousal trust shall contain the following language in capital letters at the
beginning of the trust:
THE CONSEQUENCES OF THIS TRUST MAY BE VERY EXTENSIVE, INCLUDING YOUR
RIGHTS WITH RESPECT TO CREDITORS AND OTHER THIRD PARTIES, AND YOUR
RIGHTS WITH YOUR SPOUSE BOTH DURING THE COURSE OF YOUR MARRIAGE, AT
THE TIME OF A DIVORCE, AND AT THE DEATH OF YOU OR YOUR SPOUSE.
ACCORDINGLY, THIS TRUST AGREEMENT SHOULD ONLY BE SIGNED AFTER
CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS TRUST
AGREEMENT, YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE.
Section 31. That the code be amended by adding a NEW SECTION to read:
Spouses may classify all or any of their property as special spousal property by transferring
property to a South Dakota special spousal trust established pursuant to sections 29 to 42, inclusive,
of this Act, and by expressly declaring in the trust that the property is community property.
Section 32. That the code be amended by adding a NEW SECTION to read:
A South Dakota special spousal trust may not be amended or revoked unless the trust agreement
provides for amendment or revocation, or unless the trust agreement is amended or revoked by a later
South Dakota special spousal trust. To amend or revoke the trust, the later South Dakota special
spousal trust is not required to declare any property held by the trustee as special spousal property.
The amended trust or the revocation is enforceable without consideration. However, notwithstanding
the other provisions of sections 29 to 42, inclusive, of this Act, unless the South Dakota special
spousal trust expressly provides otherwise, at any time after the death of the first spouse the
surviving spouse may amend the South Dakota special spousal trust with regard to the surviving
spouse's property to be disposed of at the surviving spouse's death. For purposes of this section, the
term, surviving spouse's property, means the property that consists of the surviving spouse's property
that is not South Dakota special spousal property and the surviving spouse's share of the special
spousal property determined as of the date of the first spouse's death.
Section 33. That the code be amended by adding a NEW SECTION to read:
For purposes of the application of § 1014(b)(6) of the Internal Revenue Code of 1986, 26 U.S.C.
§ 1014(b)(6), as of January 1, 2016, a South Dakota special spousal trust is considered a trust
established under the community property laws of South Dakota. For purposes of sections 29 to 42,
inclusive, of this Act, the term, special spousal property, means community property for those
purposes. Community property as classified by a jurisdiction other than South Dakota transferred
to a South Dakota special spousal trust retains its character as community property while in the trust.
If the trust is revoked and property is transferred on revocation of the trust, the community property
as classified by a jurisdiction other than South Dakota retains its character as community property
to the extent otherwise provided by South Dakota law.
Section 34. That the code be amended by adding a NEW SECTION to read:
A transfer to a South Dakota special spousal trust may also be a qualified disposition in trust if
the transfer complies with the provisions of chapter 55-16.
Section 35. That the code be amended by adding a NEW SECTION to read:
In addition to other transfers of property to a South Dakota special spousal trust, property is
considered transferred to a South Dakota special spousal trust if the property is subject to a
nonprobate transfer on death under an insurance policy, contract of employment, bond, mortgage,
promissory note, certificated or uncertificated security, account agreement, custodial agreement,
deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit
plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of a
similar nature and the South Dakota special spousal trust is designated as a beneficiary to receive the
property under the transfer. The property is considered the surviving spouse's property that is not
South Dakota special spousal property.
Section 36. That the code be amended by adding a NEW SECTION to read:
The trustee of a South Dakota special spousal trust shall maintain records that identify which
property held by the trust is South Dakota special spousal property and which property held by the
trust is not South Dakota special spousal property.
Section 37. That the code be amended by adding a NEW SECTION to read:
Except as provided in sections 38 and 39 of this Act, in a South Dakota special spousal trust,
spouses may agree on:
(1) The rights and obligations in the property transferred to the trust, notwithstanding when
and where the property is acquired or located;
(2) The management and control of the property transferred to the trust;
(3) The disposition of the property transferred to the trust on dissolution, death, or the
occurrence or nonoccurrence of another event;
(4) The choice of law governing the interpretation of the trust; and
(5) Any other matter that affects the property transferred to the trust and does not violate
public policy or a statute imposing a criminal penalty.
Section 38. That the code be amended by adding a NEW SECTION to read:
Notwithstanding anything contained in section 37 of this Act to the contrary, a South Dakota
special spousal trust may not adversely affect the right of a child to support.
Section 39. That the code be amended by adding a NEW SECTION to read:
Notwithstanding anything contained in section 37 of this Act to the contrary:
(1) A provision of a revocable South Dakota special spousal property trust does not
adversely affect the interest of a creditor unless the creditor has actual knowledge of the
trust when the obligation to the creditor is incurred. The interest of a creditor in an
irrevocable South Dakota special spousal property trust may be subject to the rights and
liabilities of a creditor with respect to transfers under chapter 55-16 as provided in section
34 of this Act;
(2) A spouse shall act in good faith with respect to the other spouse in matters involving
South Dakota special spousal property. The obligation under and effect of this section
may not be varied by a South Dakota special spousal property trust.
Section 40. That the code be amended by adding a NEW SECTION to read:
Notwithstanding anything contained in section 37 of this Act to the contrary:
(1) Notice of the existence of a South Dakota special spousal property trust, a marriage, or
the termination of a marriage does not affect the status of a purchaser as a bona fide
purchaser;
(2) Special spousal property purchased by a bona fide purchaser from a spouse having the
right to manage and control the property is acquired free of any claim of the other spouse.
The effect of this subsection may not be varied by a South Dakota special spousal
property trust.
Section 41. That the code be amended by adding a NEW SECTION to read:
For purposes of section 40 of this Act, the term, bona fide purchaser, means a purchaser of
property for value who has not knowingly been a party to fraud or illegality affecting the interest of
the spouses or other parties to the transaction, does not have notice of an adverse claim by a spouse,
and has acted in the transaction in good faith.
For purposes of this section, the term, purchaser, means a person who acquires property by sale,
lease, discount, negotiation, mortgage, pledge, or lien, or otherwise deals with property in a voluntary
transaction other than making a gift.
A purchaser gives value for property if the property is acquired:
(1) In return for a binding commitment to extend credit;
(2) As security for or in total or partial satisfaction of a preexisting claim;
(3) By accepting delivery under a preexisting contract for purchase; or
(4) In return for other consideration sufficient to support a contract.
Section 42. That the code be amended by adding a NEW SECTION to read:
A South Dakota special spousal trust executed during marriage is not enforceable if the spouse
against whom enforcement is sought proves that:
(1) The trust was unconscionable when made;
(2) The spouse against whom enforcement is sought did not execute the South Dakota special
spousal trust agreement voluntarily; or
(3) Before execution of the South Dakota special spousal trust agreement, the spouse against
whom enforcement is sought:
(a) Was not given a fair and reasonable disclosure of the property and financial
obligations of the other spouse;
(b) Did not voluntarily sign a written waiver expressly waiving right to disclosure of
the property and financial obligations of the other spouse beyond the disclosure
provided; and
(c) Did not have notice of the property or financial obligations of the other spouse.
Whether a South Dakota special spousal trust is unconscionable is determined by a court as a
matter of law.
Signed February 18, 2016
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\231.wpd
INSURANCE
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\232.wpd
CHAPTER 232
(HB 1040)
Risk retention group oversight implemented.
ENTITLED, An Act to revise and implement certain provisions regarding the regulation of risk
retention groups.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-6A be amended by adding a NEW SECTION to read:
Any retention group licensed before July 1, 2016, shall be in compliance with sections 2 to 15,
inclusive, of this Act, by July 1, 2017. Any risk retention group licensed after June 30, 2016, shall
be in compliance with sections 2 to 15, inclusive, of this Act, at licensure.
Section 2. That § 58-6A-1 be amended to read:
58-6A-1. Terms used in this chapter mean:
(1) "Board of directors" or "board," the governing body of the risk retention group as elected
by the shareholders or members to establish policy, elect or appoint officers and
committees, and make other governing decisions;
(2) "Completed operations liability," any liability arising out of the installation, maintenance,
or repair of any product at a site which is not owned or controlled by:
(a) Any person who performs that work installation, maintenance, or repair of any
product; or
(b) Any person who hires an independent contractor to perform that work installation,
maintenance, or repair of any product; but includes liability for activities which are
completed or abandoned before the date of the occurrence giving rise to the
liability;
(2)(3) "Director," the insurance director of South Dakota or the commissioner, director, or
superintendent of insurance in any other state;
(4) "Director of the risk retention group," an individual designated in the articles of the risk
retention group, or designated, elected, or appointed by any other manner, name, or title
to act as a director;
(3)(5) "Domicile," for purposes of determining the state in which a purchasing group is
domiciled:
(a) For a corporation, the state in which the purchasing group is incorporated; and
(b) For an unincorporated entity, the state of its principal place of business;
(4)(6) "Hazardous financial condition," based on its present or reasonably anticipated financial
condition, a risk retention group, although not yet financially impaired or insolvent, which
is unlikely to be able:
(a) To meet obligations to policyholders with respect to known claims and reasonably
anticipated claims; or
(b) To pay other obligations in the normal course of business;
(5)(7) "Insurance," primary insurance, excess insurance, reinsurance, surplus lines insurance,
and any other arrangement for shifting and distributing risk which is determined to be
insurance under the laws of this state;
(6)(8) "Liability," legal liability for damages, including costs of defense, legal costs and fees,
and other claims expenses because of injuries to other persons injury to a person, damage
to their the person's property, or other damage or loss to such any other persons person
resulting from or arising out of any business, whether profit or nonprofit, trade, product,
services, including professional services, premises or operations. It does not include
personal risk liability and an employer's liability with respect to its employees other than
legal liability under the Federal Employers' Liability Act (45 U.S.C. 51 et seq.);
(7)(9) "Personal risk liability," liability for damages because of injury to any person, damage to
property, or other loss or damage resulting from any personal, family or household
responsibilities or activities, rather than from responsibilities or activities referred to in
subdivision (6) of this section (8);
(8)(10) "Plan of operation or a feasibility study," an analysis which presents the expected
activities and results of a risk retention group including, at a minimum:
(a) The For each state in which the risk retention group intends to operate, the
coverages, deductibles, coverage limits, rates and rating classification systems for
each line of insurance the group intends to offer;
(b) Historical and expected loss experience of the proposed members and national
experience of similar exposures to the extent that this experience is reasonably
available;
(c) Pro forma financial statements and projections;
(d) Appropriate opinions by a qualified, independent casualty actuary, including a
determination of minimum premium or participation levels required to commence
operations and to prevent a hazardous financial condition;
(e) Identification of management, underwriting procedures, managerial oversight
methods, investment policies, and reinsurance agreements; and
(f)
Information sufficient to verify that the risk retention group's members are engaged
in businesses or activities similar or related with respect to the liability to which the
members are exposed by virtue of any related, similar, or common business, trade,
product, services, premises, or operations;
(g) Identification of each state in which the risk retention group has obtained, or sought
to obtain, a charter and license, and a description of its status in each state; and
(h) Such other Other matters as may be prescribed by the director, supervisor, or
commissioner of the state in which the risk retention group is chartered for liability
insurance companies authorized by the insurance laws of the that state in which the
risk retention group is chartered;
(9)(11) "Product liability," liability for damages because of any personal injury, death,
emotional harm, consequential economic damage, or property damage, including
damages resulting from the loss of use of property, arising out of the manufacture,
design, importation, distribution, packaging, labeling, lease, or sale of a product,
but does not include the liability of any person for those damages if the product
involved was in the possession of such a person when the incident giving rise to
the claim occurred;
(10)(12) "Purchasing group," any group which:
(a) Has as one of its purposes the purchase of liability insurance on a group basis;
(b) Purchases such insurance only for its group members and only to cover their
similar or related liability exposure, as described in subsection (c) herein;
(c) Is composed of members whose businesses or activities are similar or related with
respect to the liability to which members are exposed by virtue of any related,
similar, or common business, trade, product, services, premises, or operations; and
(d) Is domiciled in any state;
(11)(13) "Risk retention group," any corporation or other limited liability association formed
under the laws of any state, Bermuda, or the Cayman Islands:
(a) Whose primary activity consists of assuming and spreading all, or any portion, of
the liability exposure of its the group members;
(b) Which is organized for the primary purpose of conducting the activity described
under subsection (a);
(c) Which is chartered and licensed as a liability insurance company and authorized
to engage in the business of insurance under the laws of any state; or before
January 1, 1985, was chartered or licensed and authorized to engage in the business
of insurance under the laws of Bermuda or the Cayman Islands and, before such
date, had certified to the insurance director of at least one state that it satisfied the
capitalization requirements of such state, except that any such group shall be
considered to be a risk retention group only if it has been engaged in business
continuously since such date and only for the purpose of continuing to provide
insurance to cover product liability or completed operations liability;
(d) Which does not exclude any person from membership in the group solely to
provide for members of such a group a competitive advantage over such a person;
(e) Which has as its members only persons who have an ownership interest in the
group and which has as its owners only persons who are members who are
provided insurance by the risk retention group; or has as its sole member and sole
owner an organization which is owned by persons who are provided insurance by
the risk retention group;
(f) Whose members are engaged in businesses or activities similar or related with
respect to the liability of which such members are exposed by virtue of any related,
similar, or common business, trade, product, services, premises, or operations;
(g) Whose activities do not include the provision of insurance other than liability
insurance for assuming and spreading all or any portion of the liability of its group
members; and reinsurance with respect to the liability of any other risk retention
group or any members of such other group which is engaged in businesses or
activities so that such group or member meets the requirement described in
subsection (f) from membership in the risk retention group which provides such
reinsurance; and
(h) The name of which includes the term ", risk retention group";
(14) "Service provider," any auditor, accountant, actuary, investment advisor, lawyer,
managing general underwriter, or any other party responsible for underwriting,
determination of rates, collection of premiums, adjusting and settling a claim, or the
preparation of a financial statement. The term, lawyer, in this definition does not include
defense counsel retained by the risk retention group to defend claims, unless the amount
of fees paid to the lawyer is material as referenced in section 4 of this Act;
(12)(15) "State," any state of the United States or the District of Columbia.
Section 3. That chapter 58-6A be amended by adding a NEW SECTION to read:
The board of directors of the risk retention group shall have a majority of independent directors.
If the risk retention group is a reciprocal, then the attorney-in-fact shall adhere to the same standards
regarding independence of operation and governance as imposed on the risk retention group's board
of directors or subscriber's advisory committee under these standards. In addition, to the extent
permissible under state law, a service provider of a reciprocal risk retention group shall contract with
the risk retention group and not the attorney-in-fact.
No director of the risk retention group qualifies as independent unless the board of directors
affirmatively determines that the director of the risk retention group has no material relationship as
described in section 4 of this Act with the risk retention group. Each risk retention group shall
disclose these determinations to the group's domestic regulator, at least annually. For the purposes
of this section, any person that is a direct or indirect owner of or subscriber in the risk retention
group or is an officer, director of the risk retention group, or employee of such an owner and insured,
unless some other position of the officer, director of the risk retention group, or an employee
constitutes a material relationship, as contemplated by section 3901(a)(4)(E)(ii) of the Liability Risk
Retention Act in effect as of January 1, 2016, is considered to be independent.
Section 4. That chapter 58-6A be amended by adding a NEW SECTION to read:
A material relationship includes:
(1) The receipt in any one twelve-month period of compensation or payment of any other
item of value greater than or equal to five percent of the risk retention group's gross
written premium for the twelve-month period or two percent of the risk retention group's
surplus, whichever is greater, as measured at the end of any fiscal quarter falling in the
twelve-month period by a person with the risk retention group or:
(a) The person's immediate family member;
(b) A business with which the person is affiliated from the risk retention group; or
(c) A consultant or service provider to the risk retention group.
A person with the risk retention group or an immediate family member of the person is
not independent until one year after the person's compensation from the risk retention
group falls below the threshold;
(2) A relationship with an auditor where a director of the risk retention group or an immediate
family member of a director of the risk retention group who is affiliated with or employed
in a professional capacity by a present or former internal or external auditor of the risk
retention group is not independent until one year after the end of the affiliation,
employment, or auditing relationship; and
(3) A relationship with a related entity where a director of the risk retention group or an
immediate family member of a director of the risk retention group who is employed as an
executive officer of another company where any of the risk retention group's present
executives serve on that other company's board of directors is not independent until one
year after the end of the service or the employment relationship.
Section 5. That chapter 58-6A be amended by adding a NEW SECTION to read:
The term of any material service provider contract with the risk retention group may not exceed
five years. Any material service provider contract, or its renewal, requires the approval of the
majority of the risk retention group's independent directors. The risk retention group's board of
directors shall have right to terminate any service provider, audit, or actuarial contracts at any time
for cause after providing adequate notice as defined in the contract. The service provider contract
is deemed material if the amount to be paid for the contract is greater than or equal to five percent
of the risk retention group's annual gross written premium or two percent of its surplus, whichever
is greater.
Section 6. That chapter 58-6A be amended by adding a NEW SECTION to read:
No service provider contract meeting the criteria of material relationship contained in section 4
of this Act may be entered into unless the risk retention group has notified the director in writing of
the risk retention group's intention to enter into the contract at least thirty days before entering into
the transaction and the director has not disapproved the contract within that period.
Section 7. That chapter 58-6A be amended by adding a NEW SECTION to read:
The risk retention group's board of directors shall adopt a written policy in the plan of operation
as approved by the board that requires the board to:
(1) Assure that all owners and insureds of the risk retention group receive evidence of
ownership interest;
(2) Develop a set of governance standards applicable to the risk retention group;
(3) Oversee the evaluation of the risk retention group's management including the
performance of the managing general underwriter or any other party responsible for
underwriting, determination of rates, collection of premiums, adjusting or settling a claim,
or the preparation of a financial statement;
(4) Review and approve the amount to be paid for each material service provider; and
(5) Review and approve, at least annually:
(a) The risk retention group's goals and objectives relevant to the compensation of
officers and service providers;
(b) The officers' and service providers' performance in light of those goals and
objectives; and
(c) The continued engagement of the officers and material service providers.
Section 8. That chapter 58-6A be amended by adding a NEW SECTION to read:
The risk retention group shall have an audit committee composed of at least three independent
board members as defined in sections 3 and 4 of this Act. A nonindependent board member may
participate in the activities of the audit committee, if invited by the committee, but cannot be a
member of the audit committee.
Section 9. That chapter 58-6A be amended by adding a NEW SECTION to read:
The audit committee of the risk retention group shall have a written charter that defines the
committee's purpose, which, at a minimum, shall:
(1) Assist board oversight of the integrity of financial statements, the compliance with legal
and regulatory requirements, and the qualifications, independence, and performance of
the independent auditor and actuary;
(2) Discuss the annual audited financial statements and quarterly financial statements with
management;
(3) Discuss the annual audited financial statements with the group's independent auditor and,
if advisable, discuss the group's quarterly financial statements with the group's
independent auditor;
(4) Discuss policies with respect to risk assessment and risk management;
(5) Meet separately and periodically, either directly or through a designated representative of
the committee, with management and the independent auditor;
(6) Review with the independent auditor any audit problems or difficulties and management's
response;
(7) Set clear hiring policies of the risk retention group as to the hiring of employees or former
employees of the independent auditor;
(8) Require the external auditor to rotate the lead or coordinating audit partner having primary
responsibility for the risk retention group's audit as well as the audit partner responsible
for reviewing that audit so that neither individual performs audit services for more than
five consecutive fiscal years; and
(9) Report regularly to the board of directors.
Section 10. That chapter 58-6A be amended by adding a NEW SECTION to read:
The domestic regulator may waive the requirement to establish an audit committee composed
of independent board members if the risk retention group is able to demonstrate to the domestic
regulator that it is impracticable to do so and the risk retention group's board of directors itself is
otherwise able to accomplish the purposes of an audit committee, as described in section 9 of this
Act.
Section 11. That chapter 58-6A be amended by adding a NEW SECTION to read:
The board of directors shall adopt and disclose governance standards and make the information
available electronically through the risk retention group's website or by other means. The risk
retention group shall provide the governance standards to members or insureds on request. The
adopted governance standards shall include the following:
(1) Concerning the directors of the risk retention group:
(a) A process by which the directors are elected by the owners or insureds;
(b) Qualification standards;
(c) Responsibilities;
(d) Access to management and, as necessary and appropriate, independent advisors;
(e) Compensation; and
(f) Orientation and continuing education;
(2) The policies and procedures that are followed for management succession; and
(3) The policies and procedures that are followed for annual performance evaluation of the
board.
Section 12. That chapter 58-6A be amended by adding a NEW SECTION to read:
The board of directors shall adopt and disclose a code of business conduct and ethics for
directors, officers, and employees. Each director, officer, and employee shall promptly disclose to
the board of directors any waivers of the code. The code of business conduct and ethics shall include
the following topics:
(1) Conflicts of interest;
(2) Matters covered under the corporate opportunities doctrine under the state of domicile;
(3) Confidentiality;
(4) Fair dealing;
(5) Protection and proper use of risk retention group assets;
(6) Compliance with all applicable laws, rules, and regulations; and
(7) Requiring the reporting of any illegal or unethical behavior which affects the operation
of the risk retention group.
Section 13. That chapter 58-6A be amended by adding a NEW SECTION to read:
If the manager, president, or chief executive officer of the risk retention group becomes aware
of any material noncompliance with any standards described in sections 3 to 13, inclusive, of this
Act, the manager, president, or officer shall promptly notify the domestic regulator in writing.
Section 14. That § 58-6A-2 be amended to read:
58-6A-2. Any risk retention group seeking to be chartered in this state shall be chartered and
licensed as a liability insurance company authorized by the insurance laws of this state and, except
as provided
elsewhere in this chapter, shall comply with all of the laws, rules,
regulations, and
requirements applicable to such insurers chartered and licensed in this state. Before it may offer
insurance in any state, each risk retention group shall also submit for approval to the director of
insurance of this state a plan of operation or a feasibility study and revisions of such plan or study
if the group intends to offer any additional lines of liability insurance.
Immediately upon receipt of
an application for charter, this state If any subsequent material change is made to the plan of
operation or feasibility study, the risk retention group shall submit an appropriate revision to the
director within ten days of any change. No group may offer any additional lines of liability insurance
in this state or any other state until a revision of the plan or study is approved by the director.
When filing an application for charter, the risk retention group shall provide
to the director a
summary
of information
concerning the filing to the National Association of Insurance
Commissioners, including the name of the risk retention group, the identity of the initial members
of the group, the identity of those
individuals persons who organized the group or who will provide
administrative services or otherwise influence or control the activities of the group, the amount and
nature of initial capitalization, the coverages to be afforded, and the states in which the group intends
to operate.
Upon receipt, the director shall forward the information to the National Association of
Insurance Commissioners. Providing notification to the National Association of Insurance
Commissioners is in addition, and is not sufficient, to satisfy the requirements of this chapter.
Section 15. That § 58-6A-3 be amended to read:
58-6A-3. Before offering insurance in this state, a risk retention group not chartered in this state
shall submit to the director:
(1) A statement identifying the states in which the risk retention group is chartered and
licensed as a liability insurance company, date of chartering, its principal place of
business, and such other information, including information on its membership, as the
director of this state may require to verify that the risk retention group is qualified under
this chapter;
(2) A copy of its the group's plan of operations or a feasibility study and revisions of such the
plan or study submitted to its state of domicile. However, the provision relating to the
submission of a plan of operation or a feasibility study does not apply with respect to any
line or classification of liability insurance which was defined in the Product Liability Risk
Retention Act of 1981, before October 27, 1986, and was offered before such date by any
risk retention group which had been chartered and operating for not less than three years
before such date; and
(3) A statement of registration which designates the director as its the group's agent for the
purpose of receiving service of legal documents or process; and
(4) A copy of any material revision to the group's plan of operation or feasibility study within
thirty days of the date of the approval of the revision by the director of the group's
chartering state, or if no such approval is required, within thirty days of filing.
Section 16. That § 58-44-1 be amended to read:
58-44-1. Terms used in this chapter mean:
(1) "Accredited state," any state in which the insurance department or regulatory agency has
qualified as meeting the minimum financial regulatory standards promulgated and
established by the National Association of Insurance Commissioners (NAIC);
(2) "Control" or "controlled," as defined in chapter 58-5A;
(3) "Controlled insurer," any licensed insurer which is controlled, directly or indirectly, by
a broker;
(4) "Controlling broker," any person who, directly or indirectly, controls an insurer and for
any compensation, commission, or other thing of value, acts or aids in any manner in
soliciting, negotiating, or procuring the making of any insurance contract on behalf of an
insured other than the controlling broker;
(5) "Licensed insurer" or "insurer," any person duly licensed to transact a property and
casualty insurance business in this state. The following are not licensed insurers for the
purposes of this chapter:
(a) All risk retention groups as defined in the Superfund Amendments Reauthorization
Act of 1986, P.L. No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act,
15 U.S.C. Section 3901 et seq. (1982 & Supp. 1986) and chapter 58-6A; and
(b) All The term does not include any residual market pools and pool or any joint
underwriting authorities or associations authority or association.
Signed February 12, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\233.wpd
CHAPTER 233
(SB 38)
Bail bondsperson, requirements changed.
ENTITLED, An Act to revise certain provisions concerning bail bondspersons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-22 be amended by adding a NEW SECTION to read:
No bail bondsperson may post a corporate surety bond under the bondsperson's own license for
the licensee's release from incarceration.
Section 2. That chapter 58-22 be amended by adding a NEW SECTION to read:
The director retains the authority to enforce the provisions of and impose any penalty or remedy
authorized by this chapter and title 58 against any person who is under investigation for or charged
with any violation of this chapter or title 58 even if the person's license has been surrendered or has
lapsed by operation of law.
Section 3. That chapter 58-22 be amended by adding a NEW SECTION to read:
A person licensed under this chapter shall report any felony criminal prosecution of the person
taken in any jurisdiction to the director within thirty days of the initial pretrial hearing date. The
report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any
other relevant legal documents.
For purposes of this section, initial pretrial hearing means either a defendant's arraignment or the
first time that a defendant who is accused of a crime, or the defendant's attorney, appears before a
court in a criminal action in any jurisdiction, whichever occurs first.
Section 4. That § 58-22-14 be amended to read:
58-22-14. The applicant for any license under this chapter shall apply in writing, on forms
prepared and supplied by the director, and the director may propound any reasonable interrogatories
to an applicant for a license under this chapter or on any renewal thereof, relating to the applicant's
qualifications, residence, prospective place of business, and any other matters which, in the opinion
of the director, are deemed necessary or expedient in order to protect the public and ascertain the
qualifications of the applicant. The director may also conduct any reasonable inquiry or investigation
the director sees fit, relative to the determination of the applicant's fitness to be licensed or to
continue to be licensed including a criminal background check, and the applicant is responsible for
any costs associated with a criminal background check as charged by the appropriate agency
conducting and furnishing the background check. The applicant shall provide any necessary
authorization requested by the director to facilitate an inquiry or investigation.
As part of any application to obtain licensure as a bail bondsperson or runner under this chapter,
each applicant shall submit to a state and federal criminal background investigation by means of
fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation.
Upon application, the director shall submit completed fingerprint cards to the Division of Criminal
Investigation for purposes of conducting both the state and federal criminal background
investigation. Upon completion of the criminal background investigation the Division of Criminal
Investigation shall forward to the director all information obtained as a result of the criminal
background investigation. The applicant is responsible for any costs associated with background
investigations as charged by the appropriate agency conducting and furnishing any background
investigations. Failure to submit or cooperate with any criminal background investigation is grounds
for denial of an application for licensure under this chapter.
Section 5. That § 58-22-16 be amended to read:
58-22-16. The applicant shall be required to appear in person and take a written examination
prepared by the director, testing his the applicant's ability and qualifications to be a bail bondsman
bondsperson or runner.
Each applicant shall become eligible for examination during the first six months after the date
the application is received by the director, if the director is satisfied as to the applicant's fitness to
take the examination. Examinations Each examination shall be held at
such times and places a time
and place as designated by the director.
Signed March 3, 2016
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\234.wpd
CHAPTER 234
(SB 39)
Captive insurance companies, certain fees revised.
ENTITLED, An Act to revise certain provisions concerning fees for sponsored captive insurance
companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-46-6 be amended to read:
58-46-6. Each captive insurance company shall pay to the director a nonrefundable fee of two
thousand dollars for examining, investigating, and processing its application for certificate of
authority. Two or more captive insurance companies under common ownership or control shall pay
this fee for each application submitted to the director for a certificate of authority. A sponsored
captive insurance company shall pay an additional one thousand dollars for
every additional each
protected cell
application. However, no additional fee is required for the first protected cell
application submitted by a sponsored captive insurance company. The director may retain legal,
financial, and examination services from outside the department. The reasonable cost of the services
may be charged against the applicant with notice to the applicant. The provisions of chapter 58-3
apply to examinations, investigations, and processing conducted under the authority of this chapter.
Signed March 7, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\234.wpd
UNEMPLOYMENT COMPENSATION
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\235.wpd
CHAPTER 235
(SB 43)
Unemployment insurance,
failure to pay contributions penalty increased.
ENTITLED, An Act to increase the unemployment insurance penalty for failure to pay contributions
or make reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 61-5-58 be amended to read:
61-5-58. A penalty of five twenty-five dollars per month, or fractional part of a month shall be
due and payable upon imposition of the penalty by the department, for failure to pay contributions,
or for failure to submit required reports on or before the due date for such the contributions or reports
as fixed by the department. However, no penalty for any one delinquent contribution or report may
exceed the sum of thirty one hundred fifty dollars. Any penalty collected pursuant to this section
shall be paid into the employment security contingency fund.
Signed March 15, 2016
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\235.wpd
WORKERS' COMPENSATION
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\236.wpd
CHAPTER 236
(HB 1084)
Concurrent employment may be used
to calculate earnings in workers' compensation cases.
ENTITLED, An Act to define when concurrent employment may be used to calculate earnings in
workers' compensation cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
The Legislature finds that the aggregation of wages from concurrent employment was not within
the Legislature's intent when it enacted the definition of earnings in subdivision 62-1-1(6). Therefore,
the holding in Wheeler v. Cinna Bakers LLC, 2015, 864 N.W. 2d 17, 2015, regarding the
aggregation of wages is abrogated.
Section 2. That chapter 62-1 be amended by adding a NEW SECTION to read:
For a workers' compensation claim arising before May 6, 2015, an employee's earnings up to the
claimed date of injury are calculated exclusively on the wages earned at the place of employment
where the injury occurred.
Section 3. That chapter 62-1 be amended by adding a NEW SECTION to read:
For a workers' compensation claim arising after May 5, 2015, if an employee was working for
more than one employer, the employee's earnings used to calculate the employee's average weekly
wage in §§ 62-4-24, 62-4-25, or 62-4-26 shall include the amount of compensation for the number
of hours commonly regarded as a day's work for each employer in which the person was concurrently
employed at the time of the person's injury; however, an employee's earnings from concurrent
employment are aggregated only if the injury occurred when the employee was actively working in
the concurrent employment and when the injury prevents the employee from performing the
employee's duties at the employee's other concurrent employment.
Section 4. That subdivision (6) of § 62-1-1 be amended to read:
(6) "Earnings," the amount of compensation for the number of hours commonly regarded as
a day's work for the employment in which the employee was engaged working at the time
of his the employee's injury. It includes payment for all hours worked, including overtime
hours at straight-time pay, and does not include any sum which the employer has been
accustomed to pay the employee to cover any special expense entailed by him the
employee by the nature of his the employment; wherever allowances of any character
made to an employee in lieu of wages are specified as a part of the wage contract, they the
allowances shall be deemed a part of his the employee's earnings;
Section 5. That chapter 62-6 be amended by adding a NEW SECTION to read:
An employer which complies with this title shall produce, if demanded by any employer or
insurer against whom an injured employee has made a workers' compensation claim, the work-related records referring to its employee available for the fifty-two weeks preceding the employee's
claimed dates of injury, such as:
(1) The weeks in which the employee performed services;
(2) The earnings the employee received for the services, as defined in subdivision 62-1-1(6);
(3) Interruptions in employment if the employee was rehired or seasonally employed;
(4) Changes in the employee's grade of employment;
(5) The employee's job description; and
(6) Federal or state tax deductions.
The employer receiving this demand shall produce the employee's work-related records in ten
business days, and may charge a fee for the production of the records. The fee for the production of
the employee's work-related records may not exceed fifteen dollars.
An employee waives any right to privacy to these work-related records when the employee makes
a claim for workers' compensation benefits and the employee consents to the release of these work-related records to the employer or insurer against which the employee is making a claim for workers'
compensation benefits.
Section 6. That chapter 62-2 be amended by adding a NEW SECTION to read:
The Workers' Compensation Advisory Council shall include in its annual report data about the
average amount of disability or fatality benefits paid for a claim over the most recent calendar years,
the ratio of disability and fatality benefits to overall benefits paid, and any changes in premium base
rates directly attributable to including concurrent earnings in benefits. It shall report to the 2019
Legislature the impact of this Act.
Section 7. That § 58-20-3.1 be amended to read:
58-20-3.1. Premiums for workers' compensation insurance may not be based on wages paid to
employees while they are on vacation, holidays, or sick leave or on wages received from employment
not performed for the insured employer.
Signed February 18, 2016
_______________
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SUPREME COURT RULES AND ORDERS
_______________
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\237.wpd
CHAPTER 237
SCR 15-15
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-4(e) RULE 15-15
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on April 22, 2015, at Pierre, South Dakota, relating to the amendment of
SDCL 15-6-4(e), and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-6-4(e) be and it is hereby amended to read in its entirety as follows:
15-6-4(e). Service by leaving copy with resident of defendant's dwelling.Service in the following
manner shall also constitute personal service. If the defendant cannot be found conveniently, service
may be made by leaving a copy at his the defendant's dwelling house in the presence of a member
of his family with someone over the age of fourteen years or if the defendant resides in the family
of another, with a member of such age of the family with which he who resides there.
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2016.
DATED at Pierre, South Dakota, this 15th day of July, 2015.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\237.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\238.wpd
CHAPTER 238
SCR 15-16
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
EXPEDITED CIVIL ACTIONS RULE 15-16
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on April 22, 2015, at Pierre, South Dakota, relating to the adoption of a new
rule relating to expedited civil actions, 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 expedited civil actions be and it is hereby
adopted to read in its entirety as follows:
Expedited Civil Actions.
SOUTH DAKOTA RULES OF CIVIL PROCEDURE IN CIRCUIT COURTS
15-6-72. Expedited civil actions--General provisions.(1) Eligible actions. This article IX governs
"expedited civil actions" in which the sole relief sought is a money judgment and in which all claims
(other than compulsory counterclaims) for all damages by or against any one party total $75,000 or
less, including damages of any kind, penalties, and attorneys' fees, but excluding prejudgment
interest accrued prior to entry of judgment, post-judgment interest, and costs.
(2) Excluded actions. This article IX does not apply to small claims or domestic relations cases.
(3) Electing expedited procedures. An eligible plaintiff may elect to proceed by filing an
expedited civil action and by certifying that the sole relief sought is a money judgment and that all
claims (other than compulsory counterclaims) for all damages by or against any one party total
$75,000 or less, including damages of any kind, penalties, and attorneys' fees, but excluding
prejudgment interest accrued prior to entry of judgment, post-judgment interest, and costs. The
certification must be on a form approved by the Supreme Court and signed by all plaintiffs and their
attorneys if represented. (See Form 27). The certification is not admissible to prove a plaintiff's
damages in the expedited civil action or in any other proceeding.
(4) South Dakota Rules of Civil Procedure otherwise apply. Except as otherwise specifically
provided by this rule, the South Dakota Rules of Civil Procedure are applicable to expedited civil
actions.
(5) Limitation on damages. Except as provided in subdivision (6), a party proceeding under this
article IX may not recover a judgment in excess of $75,000, nor may a judgment be entered against
a party in excess of $75,000, excluding prejudgment interest that accrues prior to entry of judgment,
post-judgment interest, and costs. The jury, if any, must not be informed of the $75,000 limitation.
If the jury returns a verdict for damages in excess of $75,000 for or against a party, the court may
not enter judgment on that verdict in excess of $75,000, exclusive of prejudgment interest that
accrues prior to entry of judgment, post-judgment interest, and costs.
(6) Stipulated expedited civil action. In a civil action not eligible under subdivision (1) and not
excluded by subdivision (2), the parties may request to proceed as an expedited civil action upon the
parties' filing of a Joint Motion to Proceed as an Expedited Civil Action. (See Form 28). If the court
grants the parties' motion, and unless the parties have otherwise agreed, the parties will not be bound
by the $75,000 limitation on judgments in subdivision (5). The parties may enter into additional
stipulations regarding damages and attorneys' fees. Unless otherwise ordered, the joint motion and
any stipulations must not be disclosed to the jury.
(7) Termination of expedited civil action. Upon timely application of any party, the court may
terminate application of this rule and enter such orders as are appropriate under the circumstances
if:
(A) The moving party makes a specific showing of substantially changed circumstances or
other good cause sufficient to render the application of this rule unfair; or
(B) A party has in good faith filed a compulsory counterclaim that seeks relief other than that
allowed under subdivision (1).
(8) Permissive counterclaims. Permissive counterclaims are subject to the $75,000 limitation on
damages under subdivision (5), unless the court severs the permissive counterclaim.
(9) Side. As used throughout this article IX, the term "side" refers to all the litigants with
generally common interests in the litigation.
15-6-73. Discovery in expedited civil actions.(1) Discovery period. Except upon agreement of
the parties or leave of court granted upon a showing of good cause, all discovery must be completed
no later than 60 days before trial.
(2) Limited and simplified discovery procedures. Except upon agreement of the parties or leave
of court granted upon a showing of good cause, discovery in expedited civil actions is subject to the
following additional limitations:
(A) Interrogatories to parties. Each side may serve no more than 10 interrogatories, including
all discrete subparts, on any other side under § 15-6-33.
(B) Production of documents. Each side may serve no more than 10 requests for production,
including all discrete subparts, on any other side under § 15-6-34.
(C) Requests for admission. Each side may serve no more than 10 requests for admission,
including all discrete subparts, on any other side under § 15-6-36. This limit does not
apply to requests for admission of the genuineness of documents that the party intends to
offer into evidence at trial.
(D) Depositions upon oral examination.
(i) Parties. One deposition of each party may be taken. With regard to corporations,
partnerships, voluntary associations, or any other groups or entities named as a
party, one representative deponent may be deposed.
(ii) Other deponents. Each side may take the deposition of up to two nonparties.
(3) Number of expert witnesses. Each side is entitled to one retained expert, except upon
agreement of the parties or leave of court granted upon a showing of good cause.
(4) Motion for leave of court. A motion for leave of court to modify the limitations provided in
this section must be in writing and must set forth the proposed additional discovery and the reasons
establishing good cause for its use.
15-6-74. Motions.(1) Motions to dismiss. Any party may file any motion permitted by § 15-6-12(b). Unless the court orders a stay, the filing of a motion to dismiss will not eliminate or postpone
otherwise applicable pleading or disclosure requirements.
(2) Motions for summary judgment.
(A) Any party may file any motion permitted by § 15-6-56.
(B) Limited number. Each party may file no more than one motion for summary judgment
under § 15-6-56. The motion may include more than one ground.
(C) Deadline. Motions for summary judgment under § 15-6-56 must be filed no later than 90
days before trial.
15-6-75. Procedure for expedited trials.(1) Demand for jury trial. Any party who desires a jury
trial of any issue triable of right by a jury must file and serve upon the other parties a demand for jury
trial pursuant to § 15-6-38(b). Otherwise, expedited civil actions will be tried to the court.
(2) Trial setting. The court shall set the expedited civil action for trial on a date certain, which
will be a firm date except that the court may later reschedule the trial at the convenience of the
parties. Unless the court otherwise orders for good cause shown, expedited civil actions must be tried
within one year of filing.
(3) Pretrial submissions.
(A) The trial court shall provide for the timing and extent of such submissions by appropriate
pre-trial order, at the court's discretion.
(B) In addition to the pretrial submissions required by the trial court, the parties must file one
jointly proposed set of jury instructions and verdict forms. If a jury instruction or verdict
form is controverted, each side must include its specific objections, supporting authority,
and, if desired, a proposed alternative instruction or verdict form for the court's approval,
denial, or modification. Both stipulated and alternative proposed jury instructions and
verdict forms must be set forth in one document that is filed electronically in word
processing format with the court.
(4) Expedited civil jury trial. Unless otherwise ordered, the jury in an expedited civil jury trial
will consist of twelve persons selected from a panel of eighteen prospective jurors. Each side must
strike three prospective jurors. The parties may stipulate to a jury of fewer than twelve upon such
conditions as agreed to by the parties and the trial court.
(5) Expedited nonjury trial. The court trying an expedited civil action without a jury may, in its
discretion, dispense with findings of fact and conclusions of law and instead render judgment on a
general verdict, special verdicts, or answers to interrogatories that are accompanied by relevant legal
instructions that would be used if the action were being tried to a jury. When the court follows this
procedure, parties must make their record with respect to objections to or requests for instructions,
special verdicts, and answers to interrogatories as in a jury trial. Post-trial motions will be permitted
as in a jury trial except that the court may, in lieu of ordering a new trial, enter new verdicts or
answers to interrogatories on the existing trial record.
(6) Time limit for trial. Expedited civil actions should ordinarily be submitted to the jury within
two business days from the commencement of trial. Unless the court allows additional time for good
cause shown, each side is allowed no more than six hours to complete jury selection, opening
statements, presentation of evidence, examination and cross-examination of witnesses, and closing
arguments. Time spent on objections, bench conferences, and challenges for cause to a juror is not
included in the time limit.
(A) Stipulations. Parties should stipulate to factual and evidentiary matters to the greatest
extent possible.
(B) Documentary evidence admissible without custodian certification or testimony. The court
may overrule objections based on authenticity and hearsay to the admission of a
document, notwithstanding the absence of testimony or certification from a custodian or
other qualified witness, if:
(i) The party offering the document gives notice to all other parties of the party's
intention to offer the document into evidence at least 90 days in advance of trial.
The notice must be given to all parties together with a copy of any document
intended to be offered.
(ii) The document on its face appears to be what the proponent claims it is.
(iii) The document on its face appears not to be hearsay or appears to fall within a
hearsay exception set forth in South Dakota Rule of Evidence subdivision 19-19-803 (3), (4), (6), (7), (8), (9), (10), (11), (12), (13), or (18).
(iv) The objecting party has not raised a substantial question as to the authenticity or
trustworthiness of the document.
(v) Nothing in subdivision (7) (B) affects the operation of other South Dakota Rules
of Evidence such as §§ 19-19-402 to 19-19-404, inclusive.
(vi) Nothing in this section authorizes admission of a document that contains hearsay
within hearsay, unless the court determines from the face of the document that each
part of the combined statements conforms with an exception to the hearsay rule set
forth above.
(vii) Any authenticity or hearsay objections to a document as to which notice has been
provided under subdivision (7) (B) (i) must be made within 30 days after receipt
of the notice.
(C) Health care provider statement in lieu of testimony. A statement of a health care provider
in lieu of testimony shall be permitted in an expedited civil action and shall be governed
by the requirements of § 19-19-803.2.
15-6-76. Settlement conference--Alternative dispute resolution.Unless the parties have agreed
to engage in alternative dispute resolution or are required to do so by contract or statute, the court
may not, by order or local rule, require the parties to engage in a settlement conference or any other
form of alternative dispute resolution.
15-6-76.1. Claim preclusion--Issue preclusion.Judgments or orders in an expedited civil action
may not be relied upon to establish claim preclusion or issue preclusion unless the party seeking to
rely on a judgment or order for preclusive effect was either a party or in privity with a party in the
expedited civil action.
Form 27. Expedited civil action certification
STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
: SS
COUNTY OF __________ ) ________________ JUDICIAL CIRCUIT
__________, Civ. __________
Plaintiff,
v. EXPEDITED CIVIL ACTION CERTIFICATION
__________,
Defendant.
Plaintiff, ________________________________________, together with Plaintiff's attorney,
Name of Plaintiff
________________________________________, elect to bring this lawsuit as an Expedited
Name of attorney
Civil Action under article IX of the Rules of Civil Procedure.
Plaintiff certifies that the sole relief sought is a money judgment and that all claims (other than
compulsory counterclaims) for all damages by or against any one party total $75, 000 or less,
including damages of any kind, penalties, and attorneys' fees, but excluding prejudgment interest
accrued prior to entry of judgment, post judgment interest, and costs.
Plaintiff certifies the following:
1. I am a plaintiff in this action.
2. If I am represented by an attorney, I have conferred with my attorney about using the
Expedited Civil Action procedures available to parties in the State of South Dakota.
3. I understand that by electing to proceed under Expedited Civil Action procedures, the total
amount of my recovery will not exceed $75, 000, excluding prejudgment interest accrued prior to
entry of judgment, post judgment interest, and court costs. Additionally, no single defendant can be
liable for more than $75,000 to all plaintiffs combined, excluding prejudgment interest accrued prior
to entry of judgment, post judgment interest, and court costs.
4. I understand that if a jury were to award more than $75, 000 as damages to me, or if a jury
were to award more than $75, 000 in total against a single defendant, the trial judge would reduce
the amount of the judgment to $75, 000, plus any applicable interest and court costs to which I may
be entitled.
With this knowledge, I agree to proceed under the Expedited Civil Action procedures.
Dated this __________ day of __________, 20 __________.
__________
Plaintiff
Oath and Signatures
I, ______________________________, certify under penalty of perjury and pursuant to the
Print Plaintiff's Name
laws of the State of South Dakota that the preceding is true and correct.
______________ ______, 20__________,
Month Day Year
_____________________________ ___________________________________
Handwritten signature of Plaintiff Full name of Plaintiff; first, middle, last
____________________________________
Plaintiff's attorney's name, if applicable
_____________________________________
Signature of attorney, if applicable
_____________________________________
Law firm, if applicable
________________________________________________
Mailing address of attorney (or Plaintiff if unrepresented)
_________________________________________________
Telephone number of attorney (or Plaintiff if unrepresented)
_____________________________________________
Email address of attorney (or Plaintiff if unrepresented)
_____________________________________________
Additional email address, if available
Form 28. Joint motion to proceed as expedited civil action
STATE OF SOUTH DAKOTA ) IN CIRCUIT COURT
: SS
COUNTY OF __________ ) ________________ JUDICIAL CIRCUIT
__________, Civ. __________
Plaintiff,
v. JOINT MOTION TO PROCEED AS EXPEDITED
CIVIL ACTION
__________,
Defendant.
1. Pursuant to Supreme Court Rule 15-16 (article IX of the Rules of Civil Procedure), the parties
hereby move upon stipulation that this action proceed as an Expedited Civil Action.
2. All parties agree to this motion.
3. If the court grants this joint motion, the parties acknowledge and agree that this case will be
subject to the Expedited Civil Action rule, except for the limitations on damages as provided in 6-72(6).
Status of Trial Scheduling Order and Discovery Plan: Check one
* The parties have already filed a Trial Scheduling and Discovery Plan. This case has a current
trial date of __________. The parties wish to retain that trial date.
* The parties will be filing a Trial Scheduling and Discovery Plan in an Expedited Civil Action
case.
I certify that all parties and attorneys to this action have agreed to this Joint Motion and have
been served with a copy.
__________ __________, 20 __________,
Month Day Year
_________________________________________
Party's or attorney's signature
_________________________________________
Plaintiff's attorney's name, if applicable
_________________________________________
Signature of attorney, if applicable
_________________________________________
Law firm, if applicable
__________________________________________
Mailing address of attorney (or Plaintiff if unrepresented)
____________________________________________
Telephone number of attorney (or Plaintiff if unrepresented)
____________________________________________
Email address of attorney (or Plaintiff if unrepresented)
_____________________________________________
Additional email address, if available
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2016.
DATED at Pierre, South Dakota, this 15th day of July, 2015.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\238.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\239.wpd
CHAPTER 239
SCR 15-17
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENTS
TO SDCL TITLE 19 - EVIDENCE
CHAPTER 19-19 SOUTH DAKOTA RULES
OF EVIDENCE TO INCLUDE:
ARTICLE I. GENERAL PROVISIONS
ARTICLE II. JUDICIAL NOTICE
ARTICLE IV. RELEVANCE AND ITS LIMITS
ARTICLE VI. WITNESSES
ARTICLE VII. OPINIONS AND EXPERT
TESTIMONY
ARTICLE VIII. HEARSAY
ARTICLE IX. AUTHENTICATION AND
IDENTIFICATION
ARTICLE X. CONTENTS OF WRITINGS,
RECORDINGS, AND PHOTOGRAPHS RULES 15-17 through 15-72
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Hearings were held on January 13, 2015, and September 1, 2015, at Pierre, South Dakota,
relating to the amendments of SDCL Title 19 - Evidence, and the Court having considered the
proposed amendments and repeals thereto and being fully advised in the premises, now, therefore,
it is
ORDERED that certain rules in SDCL Title 19 - Evidence be and they are hereby amended to
read in their entirety as follows:
CHAPTER 19-19
SOUTH DAKOTA RULES OF EVIDENCE
ARTICLE I. GENERAL PROVISIONS
Rule 15-17. SDCL 19-19-101. Scope--definitions. (a) Scope. This chapter governs proceedings
in the courts of this state to the extent and with the exceptions stated in § 19-19-1101.
(b) Definitions. In these rules:
(1) "Civil case" means a civil action or proceeding;
(2) "Criminal case" includes a criminal proceeding;
(3) "Public office" includes a public agency;
(4) "Record" includes a memorandum, report, or data compilation;
(5) A "rule prescribed by the Supreme Court" means a rule adopted by the Supreme Court
under statutory authority; and
(6) A reference to any kind of written material or any other medium includes electronically
stored information.
Rule 15-18. SDCL 19-19-102. Purpose. This chapter should be construed so as to administer
every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of
evidence law, to the end of ascertaining the truth and securing a just determination.
Rule 15-19. SDCL 19-9-103. Rulings on evidence. (a) Preserving a claim of error. A party may
claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the
party and:
(1) If the ruling admits evidence, a party, on the record:
(A) Timely objects or moves to strike; and
(B) States the specific ground, unless it was apparent from the context; or
(2) If the ruling excludes evidence, a party informs the court of its substance by an offer of
proof, unless the substance was apparent from the context.
(b) Not needing to renew an objection or offer of proof. Once the court rules definitively on the
record---either before or at trial---a party need not renew an objection or offer of proof to preserve
a claim of error for appeal.
(c) Court's statement about the ruling; directing an offer of proof. The court may make any
statement about the character or form of the evidence, the objection made, and the ruling. The court
may direct that an offer of proof be made in question and answer form.
(d) Preventing the jury from hearing inadmissible evidence. To the extent practicable, the court
must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.
(e) Taking notice of plain error. A court may take notice of a plain error affecting a substantial
right, even if the claim of error was not properly preserved.
Rule 15-20. SDCL 19-19-104. Preliminary questions. (a) In general. The court must decide any
preliminary question about whether a witness is qualified, a privilege exists, or evidence is
admissible. In so deciding, the court is not bound by evidence rules, except those on privilege.
(b) Relevance that depends on a fact. When the relevance of evidence depends on whether a fact
exists, proof must be introduced sufficient to support a finding that the fact does exist. The court may
admit the proposed evidence on the condition that the proof be introduced later.
(c) Conducting a hearing so that the jury cannot hear it. The court must conduct any hearing on
a preliminary question so that the jury cannot hear it if:
(1) The hearing involves the admissibility of a confession;
(2) A defendant in a criminal case is a witness and so requests; or
(3) Justice so requires.
(d) Cross-examining a defendant in a criminal case. By testifying on a preliminary question, a
defendant in a criminal case does not become subject to cross-examination on other issues in the
case.
(e) Evidence relevant to weight and credibility. This section does not limit a party's right to
introduce before the jury evidence that is relevant to the weight or credibility of other evidence.
Rule 15-21. SDCL 19-19-105. Limiting evidence that is not admissible against other parties or
for other purposes. If the court admits evidence that is admissible against a party or for a purpose -
but not against another party or for another purpose - the court, on timely request, must restrict the
evidence to its proper scope and instruct the jury accordingly.
Rule 15-22. SDCL 19-19-106. Remainder of or related writings or recorded statements. If a
party introduces all or part of a writing or recorded statement, an adverse party may require the
introduction, at that time, of any other part - or any other writing or recorded statement - that in
fairness ought to be considered at the same time.
ARTICLE II. JUDICIAL NOTICE
Rule 15-23. SDCL 19-19-201. Judicial notice of adjudicative facts. (a) Scope. This section
governs judicial notice of an adjudicative fact only, not a legislative fact.
(b) Kinds of facts that may be judicially noticed. The court may judicially notice a fact that is not
subject to reasonable dispute because it:
(1) Is generally known within the trial court's territorial jurisdiction; or
(2) Can be accurately and readily determined from sources whose accuracy cannot reasonably
be questioned.
(c) Taking notice. The court:
(1) May take judicial notice on its own; or
(2) Must take judicial notice if a party requests it and the court is supplied with the necessary
information.
(d) Timing. The court may take judicial notice at any stage of the proceeding.
(e) Opportunity to be heard. On timely request, a party is entitled to be heard on the propriety of
taking judicial notice and the nature of the fact to be noticed. If the court takes judicial notice before
notifying a party, the party, on request, is still entitled to be heard.
(f) Instructing the jury. In a civil case, the court must instruct the jury to accept the noticed fact
as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the
noticed fact as conclusive.
ARTICLE IV. RELEVANCE AND ITS LIMITS
Rule 15-24. SDCL 19-19-401. Test for relevant evidence. Evidence is relevant if:
(a) It has any tendency to make a fact more or less probable than it would be without the
evidence; and
(b) The fact is of consequence in determining the action.
Rule 15-25. SDCL 19-19-403. Excluding relevant evidence for prejudice, confusion, waste of
time, or other reasons. The court may exclude relevant evidence if its probative value is substantially
outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues,
misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.
Rule 15-26. SDCL 19-19-404 Character evidence--crimes or other acts. (a) Character evidence.
(1) Prohibited uses. Evidence of a person's character or character trait is not admissible to
prove that on a particular occasion the person acted in accordance with the character or
trait.
(2) Exceptions for a defendant or victim in a criminal case. The following exceptions apply
in a criminal case:
(A) A defendant may offer evidence of the defendant's pertinent trait, and if the
evidence is admitted, the prosecutor may offer evidence to rebut it;
(B) Subject to the limitations in § 19-19-412, a defendant may offer evidence of an
alleged victim's pertinent trait, and if the evidence is admitted, the prosecutor may:
(i) Offer evidence to rebut it; and
(ii) Offer evidence of the defendant's same trait; and
(C) In a homicide case, the prosecutor may offer evidence of the alleged victim's trait
of peacefulness to rebut evidence that the victim was the first aggressor.
(3) Exceptions for a witness. Evidence of a witness's character may be admitted under §§
19-19-607 to 19-19-609, inclusive.
(b) Crimes, wrongs, or other acts.
(1) Prohibited uses. Evidence of a crime, wrong, or other act is not admissible to prove a
person's character in order to show that on a particular occasion the person acted in
accordance with the character.
(2) Permitted uses; notice in a criminal case. This evidence may be admissible for another
purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge,
identity, absence of mistake, or lack of accident. On request by a defendant in a criminal
case, the prosecutor must:
(A) Provide reasonable notice of the general nature of any such evidence that the
prosecutor intends to offer at trial; and
(B) Do so before trial-or during trial if the court, for good cause, excuses lack of
pretrial notice.
Rule 15-27. SDCL 19-19-405. Methods of proving character. (a) By reputation or opinion.
When evidence of a person's character or character trait is admissible, it may be proved by testimony
about the person's reputation or by testimony in the form of an opinion. On cross-examination of the
character witness, the court may allow an inquiry into relevant specific instances of the person's
conduct.
(b) By specific instances of conduct. When a person's character or character trait is an essential
element of a charge, claim, or defense, the character or trait may also be proved by relevant specific
instances of the person's conduct.
Rule 15-28. SDCL 19-19-406. Habit--routine practice. Evidence of a person's habit or an
organization's routine practice may be admitted to prove that on a particular occasion the person or
organization acted in accordance with the habit or routine practice. The court may admit this
evidence regardless of whether it is corroborated or whether there was an eyewitness.
Rule 15-29. SDCL 19-19-407. Subsequent remedial measures. When measures are taken that
would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures
is not admissible to prove:
(1) Negligence;
(2) Culpable conduct;
(3) A defect in a product or its design; or
(4) A need for a warning or instruction.
But the court may admit this evidence for another purpose, such as impeachment or - if disputed -
proving ownership, control, or the feasibility of precautionary measures.
Rule 15-30. SDCL 19-19-408. Compromise offers and negotiations. (a) Prohibited uses.
Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the
validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a
contradiction:
(1) Furnishing, promising, or offering - or accepting, promising to accept, or offering to
accept - a valuable consideration in compromising or attempting to compromise the
claim; and
(2) Conduct or a statement made during compromise negotiations about the claim - except
when offered in a criminal case and when the negotiations related to a claim by a public
office in the exercise of its regulatory, investigative, or enforcement authority.
(b) Exceptions. The court may admit this evidence for another purpose, such as proving a
witness's bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a
criminal investigation or prosecution.
Rule 15-31. SDCL 19-19-409. Offers to pay medical and similar expenses. Evidence of
furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from
an injury is not admissible to prove liability for the injury.
Rule 15-32. SDCL 19-19-410. Pleas, plea discussions, and related statements. (a) Prohibited
uses. In a civil or criminal case, evidence of the following is not admissible against the defendant
who made the plea or participated in the plea discussions:
(1) A guilty plea that was later withdrawn;
(2) A nolo contendere plea;
(3) A statement made during a proceeding on either of those pleas under §§ 23A-7-2 to
23A-7-15, inclusive; or
(4) A statement made during plea discussions with an attorney for the prosecuting authority
if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty
plea.
(b) Exceptions. The court may admit a statement described in this section in a criminal
proceeding for perjury or false statement, if the defendant made the statement under oath, on the
record, and with counsel present.
Rule 15-33. SDCL 19-19-411. Liability insurance. Evidence that a person was or was not
insured against liability is not admissible to prove whether the person acted negligently or otherwise
wrongfully. But the court may admit this evidence for another purpose, such as proving a witness'
bias or prejudice or proving agency, ownership, or control.
Rule 15-34. SDCL 19-19-412. Sex-offense cases--victim's sexual behavior or predisposition.
(a) Prohibited uses. The following evidence is not admissible in a civil or criminal proceeding
involving alleged sexual misconduct:
(1) Evidence offered to prove that a victim engaged in other sexual behavior; or
(2) Evidence offered to prove a victim's sexual predisposition.
(b) Exceptions.
(1) Criminal cases. The court may admit the following evidence in a criminal case:
(A) Evidence of specific instances of a victim's sexual behavior, if offered to prove that
someone other than the defendant was the source of semen, injury, or other
physical evidence;
(B) Evidence of specific instances of a victim's sexual behavior with respect to the
person accused of the sexual misconduct, if offered by the defendant to prove
consent or if offered by the prosecutor; and
(C) Evidence whose exclusion would violate the defendant's constitutional rights.
(2) Civil cases. In a civil case, the court may admit evidence offered to prove a victim's
sexual behavior or sexual predisposition if its probative value substantially outweighs the
danger of harm to any victim and of unfair prejudice to any party. The court may admit
evidence of a victim's reputation only if the victim has placed it in controversy.
(c) Procedure to determine admissibility.
(1) Motion. If a party intends to offer evidence under this section, the party must:
(A) File a motion that specifically describes the evidence and states the purpose for
which it is to be offered;
(B) Do so at least fourteen days before trial unless the court, for good cause, sets a
different time;
(C) Serve the motion on all parties; and
(D) Notify the victim or, when appropriate, the victim's guardian or representative.
(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera
hearing and give the victim and parties a right to attend and be heard. Unless the court
orders otherwise, the motion, related materials, and the record of the hearing must be and
remain sealed.
(d) Definition of "victim." In this section, "victim" includes an alleged victim.
ARTICLE VI. WITNESSES
Rule 15-35. SDCL 19-19-601. Competency to testify in general. Every person is competent to
be a witness unless otherwise provided in this chapter.
Rule 15-36. SDCL 19-19-602. Need for personal knowledge--exception for expert opinion. A
witness may testify to a matter only if evidence is introduced sufficient to support a finding that the
witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist
of the witness's own testimony. This rule does not apply to a witness's expert testimony under §
19-19-703.
Rule 15-37. SDCL 19-19-603. Oath or affirmation to testify truthfully. Before testifying, a
witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress
that duty on the witness's conscience.
Rule 15-38. SDCL 19-19-605. Judge's competency as a witness. The presiding judge may not
testify as a witness at the trial. A party need not object to preserve the issue.
Rule 15-39. SDCL 19-19-606. Juror's competency as a witness. (a) At the trial. A juror may not
testify as a witness before the other jurors at the trial. If a juror is called to testify, the court must give
a party an opportunity to object outside the jury's presence.
(b) During an inquiry into the validity of a verdict or indictment.
(1) Prohibited testimony or other evidence. During an inquiry into the validity of a verdict or
indictment, a juror may not testify about any statement made or incident that occurred
during the jury's deliberations; the effect of anything on that juror's or another juror's vote;
or any juror's mental processes concerning the verdict or indictment. The court may not
receive a juror's affidavit or evidence of a juror's statement on these matters.
(2) Exceptions. A juror may testify about whether:
(A) Extraneous prejudicial information was improperly brought to the jury's attention;
(B) An outside influence was improperly brought to bear on any juror; or
(C) A mistake was made in entering the verdict on the verdict form.
Rule 15-40. SDCL 19-19-607. Who may impeach a witness. Any party, including the party that
called the witness, may attack the witness's credibility.
Rule 15-41. SDCL 19-19-608. A witness's character for truthfulness or untruthfulness. (a)
Reputation or opinion evidence. A witness's credibility may be attacked or supported by testimony
about the witness's reputation for having a character for truthfulness or untruthfulness, or by
testimony in the form of an opinion about that character. But evidence of truthful character is
admissible only after the witness's character for truthfulness has been attacked.
(b) Specific instances of conduct. Except for a criminal conviction under § 19-19-609, extrinsic
evidence is not admissible to prove specific instances of a witness's conduct in order to attack or
support the witness's character for truthfulness. But the court may, on cross-examination, allow them
to be inquired into if they are probative of the character for truthfulness or untruthfulness of:
(1) The witness; or
(2) Another witness whose character the witness being cross-examined has testified about.
(c) Privilege against self-incrimination not waived by testimony on credibility. By testifying on
another matter, a witness does not waive any privilege against self-incrimination for testimony that
relates only to the witness's character for truthfulness.
Rule 15-42. SDCL 19-19-609. Impeachment by evidence of a criminal conviction. (a) In general.
The following rules apply to attacking a witness's character for truthfulness by evidence of a criminal
conviction:
(1) For a crime that, in the convicting jurisdiction, was punishable by death or by
imprisonment for more than one year, the evidence:
(A) Must be admitted, subject to § 19-19-403, in a civil case or in a criminal case in
which the witness is not a defendant; and
(B) Must be admitted in a criminal case in which the witness is a defendant, if the
probative value of the evidence outweighs its prejudicial effect to that defendant;
and
(2) For any crime regardless of the punishment, the evidence must be admitted if the court
can readily determine that establishing the elements of the crime required proving - or the
witness's admitting - a dishonest act or false statement.
(b) Limit on using the evidence after ten years. This subdivision (b) applies if more than ten years
have passed since the witness's conviction or release from confinement for it, whichever is later.
Evidence of the conviction is admissible only if:
(1) Its probative value, supported by specific facts and circumstances, substantially outweighs
its prejudicial effect; and
(2) The proponent gives an adverse party reasonable written notice of the intent to use it so
that the party has a fair opportunity to contest its use.
(c) Effect of a pardon, annulment, or certificate of rehabilitation. Evidence of a conviction is not
admissible under subdivisions (a) or (b) if:
(1) The conviction has been the subject of a pardon, annulment, certificate of rehabilitation,
or other equivalent procedure based on a finding that the person has been rehabilitated,
and the person has not been convicted of a later crime punishable by death or by
imprisonment for more than one year; or
(2) The conviction has been the subject of a pardon, annulment, or other equivalent procedure
based on a finding of innocence.
(d) Juvenile adjudications. Evidence of a juvenile adjudication is admissible under subdivision
(a) only if:
(1) It is offered in a criminal case;
(2) The adjudication was of a witness other than the defendant;
(3) An adult's conviction for that offense would be admissible to attack the adult's credibility;
and
(4) Admitting the evidence is necessary to fairly determine guilt or innocence.
(e) Pendency of an appeal. A conviction that satisfies this rule is admissible even if an appeal is
pending. Evidence of the pendency is also admissible.
Rule 15-43. SDCL 19-19-610. Religious beliefs or opinions. Evidence of a witness's religious
beliefs or opinions is not admissible to attack or support the witness's credibility.
Rule 15-44. SDCL 19-19-611. Mode and order of examining witnesses and presenting evidence.
(a) Control by the court; purposes. The court should exercise reasonable control over the mode and
order of examining witnesses and presenting evidence so as to:
(1) Make those procedures effective for determining the truth;
(2) Avoid wasting time; and
(3) Protect witnesses from harassment or undue embarrassment.
(b) Scope of cross-examination. Cross-examination should not go beyond the subject matter of
the direct examination and matters affecting the witness's credibility. The court may allow inquiry
into additional matters as if on direct examination.
(c) Leading questions. Leading questions should not be used on direct examination except as
necessary to develop the witness's testimony. Ordinarily, the court should allow leading questions:
(1) On cross-examination; and
(2) When a party calls a hostile witness, an adverse party, or a witness identified with an
adverse party.
Rule 15-45. SDCL 19-19-612. Writing used to refresh a witness's memory. (a) Scope. This
section gives an adverse party certain options when a witness uses a writing to refresh memory:
(1) While testifying; or
(2) Before testifying, if the court decides that justice requires the party to have those options.
(b) Adverse party's options; deleting unrelated matter. An adverse party entitled to have the
writing produced at the hearing under subdivision (a) is entitled to inspect it, to cross-examine the
witness about it, and to introduce in evidence any portion that relates to the witness's testimony. If
the producing party claims that the writing includes unrelated matter, the court must examine the
writing in camera, delete any unrelated portion, and order that the rest be delivered to the adverse
party. Any portion deleted over objection must be preserved for the record.
(c) Failure to produce or deliver the writing. If a writing is not produced or is not delivered as
ordered under subdivision (a) or (b), the court may issue any appropriate order. But if the prosecution
does not comply in a criminal case, the court must strike the witness's testimony or - if justice so
requires - declare a mistrial.
Rule 15-46. SDCL 19-19-613. Witness's prior statement. (a) Showing or disclosing the
statement during examination. When examining a witness about the witness's prior statement, a party
need not show it or disclose its contents to the witness. But the party must, on request, show it or
disclose its contents to an adverse party's attorney.
(b) Extrinsic evidence of a prior inconsistent statement. Extrinsic evidence of a witness's prior
inconsistent statement is admissible only if the witness is given an opportunity to explain or deny
the statement and an adverse party is given an opportunity to examine the witness about it, or if
justice so requires. This subdivision (b) does not apply to an opposing party's statement under
subdivision 19-19-801(d)(2).
Rule 15-47. SDCL 19-19-614. Court's calling or examining a witness. (a) Calling. The court
may call a witness on its own or at a party's request. Each party is entitled to cross-examine the
witness.
(b) Examining. The court may examine a witness regardless of who calls the witness.
(c) Objections. A party may object to the court's calling or examining a witness either at that time
or at the next opportunity when the jury is not present.
Rule 15-48. SDCL 19-19-615. Excluding witnesses. At a party's request, the court must order
witnesses excluded so that they cannot hear other witnesses' testimony. Or the court may do so on
its own. But this rule does not authorize excluding:
(a) A party who is a natural person;
(b) An officer or employee of a party that is not a natural person, after being designated as the
party's representative by its attorney;
(c) A person whose presence a party shows to be essential to resenting the party's claim or
defense;
(d) A person authorized by statute to be present; or
(e) A victim of a crime and his parent or guardian following the victim's testimony.
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 15-49. SDCL 19-19-701. Opinion testimony by lay witnesses. If a witness is not testifying
as an expert, testimony in the form of an opinion is limited to one that is:
(a) Rationally based on the witness's perception;
(b) Helpful to clearly understanding the witness's testimony or to determining a fact in issue;
and
(c) Not based on scientific, technical, or other specialized knowledge within the scope of §
19-19-702.
Rule 15-50. SDCL 19-19-702. Testimony by expert. A witness who is qualified as an expert by
knowledge, skill, experience, training, or education may testify in the form of an opinion or
otherwise if:
(a) The expert's scientific, technical, or other specialized knowledge will help the trier of fact
to understand the evidence or to determine a fact in issue;
(b) The testimony is based on sufficient facts or data;
(c) The testimony is the product of reliable principles and methods; and
(d) The expert has reliably applied the principles and methods to the facts of the case.
Rule 15-51. SDCL 19-19-703. Bases of opinion testimony by experts. An expert may base an
opinion on facts or data in the case that the expert has been made aware of or personally observed.
If experts in the particular field would reasonably rely on those kinds of facts or data in forming an
opinion on the subject, they need not be admissible for the opinion to be admitted. But if the facts
or data would otherwise be inadmissible, the proponent of the opinion may disclose them to the jury
only if their probative value in helping the jury evaluate the opinion substantially outweighs their
prejudicial effect.
Rule 15-52. SDCL 19-19-704. Opinion on an ultimate issue. In general - not automatically
objectionable. An opinion is not objectionable just because it embraces an ultimate issue.
Rule 15-53. SDCL 19-19-705. Disclosure of facts or data underlying expert opinion. Unless the
court orders otherwise, an expert may state an opinion--and give the reasons for it--without first
testifying to the underlying facts or data. But the expert may be required to disclose those facts or
data on cross-examination.
Rule 15-54. SDCL 19-19-706. Court-appointed expert witnesses. (a) Appointment process. On
a party's motion or on its own, the court may order the parties to show cause why expert witnesses
should not be appointed and may ask the parties to submit nominations. The court may appoint any
expert that the parties agree on and any of its own choosing. But the court may only appoint
someone who consents to act.
(b) Expert's role. The court must inform the expert of the expert's duties. The court may do so
in writing and have a copy filed with the clerk or may do so orally at a conference in which the
parties have an opportunity to participate. The expert:
(1) Must advise the parties of any findings the expert makes;
(2) May be deposed by any party;
(3) May be called to testify by the court or any party; and
(4) May be cross-examined by any party, including the party that called the expert.
(c) Compensation. The expert is entitled to a reasonable compensation, as set by the court. The
compensation is payable as follows:
(1) In a criminal case or in a civil case involving just compensation under the Fifth
Amendment, from any funds that are provided by law; and
(2) In any other civil case, by the parties in the proportion and at the time that the court
directs - and the compensation is then charged like other costs.
(d) Disclosing the appointment to the jury. The court may authorize disclosure to the jury that
the court appointed the expert.
(e) Parties' choice of their own experts. This rule does not limit a party in calling its own experts.
ARTICLE VIII. HEARSAY
Rule 15-55. SDCL 19-19-801. Definitions that apply to this article--exclusions from hearsay.
The following definitions apply under this article:
(a) Statement. "Statement" means a person's oral assertion, written assertion, or nonverbal
conduct, if the person intended it as an assertion.
(b) Declarant. "Declarant" means the person who made the statement.
(c) Hearsay. "Hearsay" means a statement that:
(1) The declarant does not make while testifying at the current trial or hearing; and
(2) A party offers in evidence to prove the truth of the matter asserted in the statement.
(d) Statements that are not hearsay. A statement that meets the following conditions is not
hearsay:
(1) A declarant-witness's prior statement. The declarant testifies and is subject to
cross-examination about a prior statement, and the statement:
(A) Is inconsistent with the declarant's testimony and was given under penalty
of perjury at a trial, hearing, or other proceeding or in a deposition;
(B) Is consistent with the declarant's testimony and is offered to rebut an express
or implied charge that the declarant recently fabricated it or acted from a
recent improper influence or motive in so testifying; or
(C) Identifies a person as someone the declarant perceived earlier.
(2) An opposing party's statement. The statement is offered against an opposing party
and:
(A) Was made by the party in an individual or representative capacity;
(B) Is one the party manifested that it adopted or believed to be true;
(C) Was made by a person whom the party authorized to make a statement on
the subject;
(D) Was made by the party's agent or employee on a matter within the scope of
that relationship and while it existed; or
(E) Was made by the party's coconspirator during and in furtherance of the
conspiracy.
The statement must be considered but does not by itself establish the declarant's authority under (C);
the existence or scope of the relationship under (D); or the existence of the conspiracy or
participation in it under (E).
Rule 15-56. SDCL 19-19-802. Rule against hearsay. Hearsay is not admissible unless any of the
following provide otherwise:
(1) A statute;
(2) These rules; or
(3) Other rules prescribed by the Supreme Court.
Rule 15-57. SDCL 19-19-803. Exceptions to the rule against hearsay--regardless of whether the
declarant is available as a witness. The statements described in this section are not excluded by the
rule against hearsay, regardless of whether the declarant is available as a witness:
(1) Present sense impression. A statement describing or explaining an event or condition,
made while or immediately after the declarant perceived it.
(2) Excited utterance. A statement relating to a startling event or condition, made while the
declarant was under the stress of excitement that it caused.
(3) Then-existing mental, emotional, or physical condition. A statement of the declarant's
then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or
physical condition (such as mental feeling, pain, or bodily health), but not including a
statement of memory or belief to prove the fact remembered or believed unless it relates
to the validity or terms of the declarant's will.
(4) Statement made for medical diagnosis or treatment. A statement that:
(A) Is made for - and is reasonably pertinent to - medical diagnosis or treatment; and
(B) Describes medical history; past or present symptoms or sensations; their inception;
or their general cause.
(5) Recorded recollection. A record that:
(A) Is on a matter the witness once knew about but now cannot recall well enough to
testify fully and accurately;
(B) Was made or adopted by the witness when the matter was fresh in the witness's
memory; and
(C) Accurately reflects the witness's knowledge.
If admitted, the record may be read into evidence but may be received as an exhibit only
if offered by an adverse party.
(6) Records of regularly conducted business activity. A record of an act, event, condition,
opinion, or diagnosis if:
(A) The record was made at or near the time by - or from information transmitted by
- someone with knowledge;
(B) The record was kept in the course of a regularly conducted activity of a business,
organization, occupation, or calling, whether or not for profit;
(C) Making the record was a regular practice of that activity;
(D) All these conditions are shown by the testimony of the custodian or another
qualified witness, or by a certification that complies with a rule or a statute
permitting certification; and
(E) The opponent does not show that the source of information or the method or
circumstances of preparation indicate a lack of trustworthiness.
(7) Absence of a record of a regularly conducted activity. Evidence that a matter is not
included in a record as described in subdivision (6) if:
(A) The evidence is admitted to prove that the matter did not occur or exist;
(B) A record was regularly kept for a matter of that kind; and
(C) The opponent does not show that the possible source of the information or other
circumstances indicate a lack of trustworthiness.
(8) Public records. A record or statement of a public office if:
(A) It sets out:
(i) The office's activities;
(ii) A matter observed while under a legal duty to report, but not including, in
a criminal case, a matter observed by law-enforcement personnel; or
(iii) In a civil case or against the government in a criminal case, factual findings
from a legally authorized investigation; and
(B) The opponent does not show that the source of information or other circumstances
indicate a lack of trustworthiness.
(9) Public records of vital statistics. A record of a birth, death, or marriage, if reported to a
public office in accordance with a legal duty.
(10) Absence of public record. Testimony -- or a certification under § 19-19-902 -- that a
diligent search failed to disclose a public record or statement if:
(A) The testimony or certification is admitted to prove that:
(i) The record or statement does not exist; or
(ii) A matter did not occur or exist, if a public office regularly kept a record or
statement for a matter of that kind; and
(B) In a criminal case, a prosecutor who intends to offer a certification provides written
notice of that intent at least fourteen days before trial, and the defendant does not
object in writing within seven days of receiving the notice - unless the court sets
a different time for the notice or the objection.
(11) Records of religious organizations concerning personal or family history. A statement of
birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage,
or similar facts of personal or family history, contained in a regularly kept record of a
religious organization.
(12) Certificates of marriage, baptism, and similar ceremonies. A statement of fact contained
in a certificate:
(A) Made by a person who is authorized by a religious organization or by law to
perform the act certified;
(B) Attesting that the person performed a marriage or similar ceremony or administered
a sacrament; and
(C) Purporting to have been issued at the time of the act or within a reasonable time
after it.
(13) Family records. A statement of fact about personal or family history contained in a family
record, such as a Bible, genealogy, chart, engraving on a ring, inscription on a portrait, or
engraving on an urn or burial marker.
(14) Records of documents that affect an interest in property. The record of a document that
purports to establish or affect an interest in property if:
(A) The record is admitted to prove the content of the original recorded document,
along with its signing and its delivery by each person who purports to have signed
it;
(B) The record is kept in a public office; and
(C) A statute authorizes recording documents of that kind in that office.
(15) Statements in documents that affect an interest in property. A statement contained in a
document that purports to establish or affect an interest in property if the matter stated
was relevant to the document's purpose - unless later dealings with the property are
inconsistent with the truth of the statement or the purport of the document.
(16) Statements in ancient documents. A statement in a document that is at least twenty years
old and whose authenticity is established.
(17) Market reports and similar commercial publications. Market quotations, lists, directories,
or other compilations that are generally relied on by the public or by persons in particular
occupations.
(18) Statements in learned treatises, periodicals, or pamphlets. A statement contained in a
treatise, periodical, or pamphlet if:
(A) The statement is called to the attention of an expert witness on cross-examination
or relied on by the expert on direct examination; and
(B) The publication is established as a reliable authority by the expert's admission or
testimony, by another expert's testimony, or by judicial notice.
If admitted, the statement may be read into evidence but not received as an exhibit.
(19) Reputation concerning personal or family history. A reputation among a person's family
by blood, adoption, or marriage - or among a person's associates or in the community
concerning the person's birth, adoption, legitimacy, ancestry, marriage, divorce, death,
relationship by blood, adoption, or marriage, or similar facts of personal or family history.
(20) Reputation concerning boundaries or general history. A reputation in a community -
arising before the controversy - concerning boundaries of land in the community or
customs that affect the land, or concerning general historical events important to that
community, state, or nation.
(21) Reputation concerning character. A reputation among a person's associates or in the
community concerning the person's character.
(22) Judgment of a previous conviction. Evidence of a final judgment of conviction if:
(A) The judgment was entered after a trial or guilty plea, but not a nolo contendere
plea;
(B) The conviction was for a crime punishable by death or by imprisonment for more
than a year;
(C) The evidence is admitted to prove any fact essential to the judgment; and
(D) When offered by the prosecutor in a criminal case for a purpose other than
impeachment, the judgment was against the defendant.
The pendency of an appeal may be shown but does not affect admissibility.
(23) Judgments involving personal, family, or general history, or a boundary. A judgment that
is admitted to prove a matter of personal, family, or general history, or boundaries, if the
matter:
(A) Was essential to the judgment; and
(B) Could be proved by evidence of reputation.
Rule 15-58. SDCL 19-19-804. Exceptions to rule against hearsay--when declarant unavailable
as witness. (a) Criteria for being unavailable. A declarant is considered to be unavailable as a witness
if the declarant:
(1) Is exempted from testifying about the subject matter of the declarant's statement because
the court rules that a privilege applies;
(2) Refuses to testify about the subject matter despite a court order to do so;
(3) Testifies to not remembering the subject matter;
(4) Cannot be present or testify at the trial or hearing because of death or a then-existing
infirmity, physical illness, or mental illness; or
(5) Is absent from the trial or hearing and the statement's proponent has not been able, by
process or other reasonable means, to procure:
(A) The declarant's attendance, in the case of a hearsay exception under subdivision
(b)(1); or
(B) The declarant's attendance or testimony, in the case of a hearsay exception under
subdivision (b)(2),(3), or (4).
But this subdivision (a) does not apply if the statement's proponent procured or wrongfully caused
the declarant's unavailability as a witness in order to prevent the declarant from attending or
testifying.
(b) Exceptions. The following are not excluded by the rule against hearsay if the declarant is
unavailable as a witness:
(1) Former testimony. Testimony that:
(A) Was given as a witness at a trial, hearing, or lawful deposition, whether given
during the current proceeding or a different one; and
(B) Is now offered against a party who had - or, in a civil case, whose predecessor in
interest had - an opportunity and similar motive to develop it by direct, cross-, or
redirect examination.
(2) Statement under the belief of imminent death. In a prosecution for homicide or in a civil
case, a statement that the declarant, while believing the declarant's death to be imminent,
made about its cause or circumstances.
(3) Statement against interest. A statement that:
(A) A reasonable person in the declarant's position would have made only if the person
believed it to be true because, when made, it was so contrary to the declarant's
proprietary or pecuniary interest or had so great a tendency to invalidate the
declarant's claim against someone else or to expose the declarant to civil or
criminal liability; and
(B) Is supported by corroborating circumstances that clearly indicate its
trustworthiness, if it is offered in a criminal case as one that tends to expose the
declarant to criminal liability.
(4) Statement of personal or family history. A statement about:
(A) The declarant's own birth, adoption, legitimacy, ancestry, marriage, divorce,
relationship by blood, adoption, or marriage, or similar facts of personal or family
history, even though the declarant had no way of acquiring personal knowledge
about that fact; or
(B) Another person concerning any of these facts, as well as death, if the declarant was
related to the person by blood, adoption, or marriage or was so intimately
associated with the person's family that the declarant's information is likely to be
accurate.
(5) Decedent's statements. In actions, suits, or proceedings by or against the representatives
of deceased persons including proceedings for the probate of wills, any statement of the
deceased whether oral or written shall not be excluded as hearsay, provided that the trial
judge shall first find as a fact that the statement was made by decedent, and that it was in
good faith and on decedent's personal knowledge.
(6) Statement offered against a party that wrongfully caused the declarant's unavailability. A
statement offered against a party that wrongfully caused - or acquiesced in wrongfully
causing - the declarant's unavailability as a witness, and did so intending that result.
Rule 15-59. SDCL 19-19-805. Hearsay within hearsay. Hearsay within hearsay is not excluded
by the rule against hearsay if each part of the combined statements conforms with an exception to
the rule.
Rule 15-60. SDCL 19-19-806. Attacking and supporting the declarant. When a hearsay
statement - or a statement described in subdivision 19-19-801(d)(2)(C), (D), or (E) -- has been
admitted in evidence, the declarant's credibility may be attacked, and then supported, by any
evidence that would be admissible for those purposes if the declarant had testified as a witness. The
court may admit evidence of the declarant's inconsistent statement or conduct, regardless of when
it occurred or whether the declarant had an opportunity to explain or deny it. If the party against
whom the statement was admitted calls the declarant as a witness, the party may examine the
declarant on the statement as if on cross-examination.
Rule 15-61. SDCL 19-19-807. Residual exception. (a) In general. Under the following
circumstances, a hearsay statement is not excluded by the rule against hearsay even if the statement
is not specifically covered by a hearsay exception in § 19-19-803 or 19-19-804.
(1) The statement has equivalent circumstantial guarantees of trustworthiness;
(2) It is offered as evidence of a material fact;
(3) It is more probative on the point for which it is offered than any other evidence that the
proponent can obtain through reasonable efforts; and
(4) Admitting it will best serve the purposes of these rules and the interests of justice.
(b) Notice. The statement is admissible only if, before the trial or hearing, the proponent gives
an adverse party reasonable notice of the intent to offer the statement and its particulars, including
the declarant's name and address, so that the party has a fair opportunity to meet it.
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Rule 15-62. SDCL 19-19-901. Authenticating or identifying evidence. (a) In general. To satisfy
the requirement of authenticating or identifying an item of evidence, the proponent must produce
evidence sufficient to support a finding that the item is what the proponent claims it is.
(b) Examples. The following are examples only - not a complete list - of evidence that satisfies
the requirement:
(1) Testimony of a witness with knowledge. Testimony that an item is what it is claimed to
be.
(2) Nonexpert opinion about handwriting. A nonexpert's opinion that handwriting is genuine,
based on a familiarity with it that was not acquired for the current litigation.
(3) Comparison by an expert witness or the trier of fact. A comparison with an authenticated
specimen by an expert witness or the trier of fact.
(4) Distinctive characteristics and the like. The appearance, contents, substance, internal
patterns, or other distinctive characteristics of the item, taken together with all the
circumstances.
(5) Opinion about a voice. An opinion identifying a person's voice - whether heard firsthand
or through mechanical or electronic transmission or recording - based on hearing the voice
at any time under circumstances that connect it with the alleged speaker.
(6) Evidence about a telephone conversation. For a telephone conversation, evidence that a
call was made to the number assigned at the time to:
(A) A particular person, if circumstances, including self-identification, show that the
person answering was the one called; or
(B) A particular business, if the call was made to a business and the call related to
business reasonably transacted over the telephone.
(7) Evidence about public records. Evidence that:
(A) A document was recorded or filed in a public office as authorized by law; or
(B) A purported public record or statement is from the office where items of this kind
are kept.
(8) Evidence about ancient documents or data compilations. For a document or data
compilation, evidence that it:
(A) Is in a condition that creates no suspicion about its authenticity;
(B) Was in a place where, if authentic, it would likely be; and
(C) Is at least twenty years old when offered.
(9) Evidence about a process or system. Evidence describing a process or system and showing
that it produces an accurate result.
(10) Methods provided by a statute or rule. Any method of authentication or identification
allowed by a state statute or a rule prescribed by the Supreme Court.
Rule 15-63. SDCL 19-19-902. Evidence that is self-authenticating. The following items of
evidence are self-authenticating. They require no extrinsic evidence of authenticity in order to be
admitted.
(1) Domestic public documents that are sealed and signed. A document that bears:
(A) A seal purporting to be that of the United States; any state, district, commonwealth,
territory, or insular possession of the United States; the former Panama Canal
Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of
these entities; or a department, agency, or officer of any entity named above; and
(B) A signature purporting to be an execution or attestation.
(2) Domestic public documents that are not sealed but are signed and certified. A document
that bears no seal if:
(A) It bears the signature of an officer or employee of an entity named in subdivision
(1)(A); and
(B) Another public officer who has a seal and official duties within that same entity
certifies under seal - or its equivalent - that the signer has the official capacity and
that the signature is genuine.
(3) Foreign public documents. A document that purports to be signed or attested by a person
who is authorized by a foreign country's law to do so. The document must be
accompanied by a final certification that certifies the genuineness of the signature and
official position of the signer or attester - or of any foreign official whose certificate of
genuineness relates to the signature or attestation or is in a chain of certificates of
genuineness relating to the signature or attestation. The certification may be made by a
secretary of a United States embassy or legation; by a consul general, vice consul, or
consular agent of the United States; or by a diplomatic or consular official of the foreign
country assigned or accredited to the United States. If all parties have been given a
reasonable opportunity to investigate the document's authenticity and accuracy, the court
may, for good cause, either:
(A) Order that it be treated as presumptively authentic without final certification; or
(B) Allow it to be evidenced by an attested summary with or without final certification.
(4) Certified copies of public records. A copy of an official record - or a copy of a document
that was recorded or filed in a public office as authorized by law - if the copy is certified
as correct by:
(A) The custodian or another person authorized to make the certification; or
(B) A certificate that complies with subdivision (1), (2) or (3), inclusive, or complying
with any law of the United States or state thereof.
(5) Official publications. A book, pamphlet, or other publication purporting to be issued by
a public authority.
(6) Newspapers and periodicals. Printed material purporting to be a newspaper or periodical.
(7) Trade inscriptions and the like. An inscription, sign, tag, or label purporting to have been
affixed in the course of business and indicating origin, ownership, or control.
(8) Acknowledged documents. A document accompanied by a certificate of acknowledgment
that is lawfully executed by a notary public or another officer who is authorized to take
acknowledgments.
(9) Commercial paper and related documents. Commercial paper, a signature on it, and
related documents, to the extent allowed by general commercial law.
(10) Presumptions under a statute. A signature, document, or anything else that a statute of this
state declares to be presumptively or prima facie genuine or authentic.
(11) Certified domestic records of a regularly conducted activity. The original or copy of a
domestic record that meets the requirements of subdivision 19-19-803(6)(A) - (C) as
shown by a certification of the custodian or another qualified person that complies with
a statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the
proponent must give an adverse party reasonable written notice of the intent to offer the
record - and must make the record and certification available for inspection - so that the
party has a fair opportunity to challenge them.
(12) Certified foreign records of a regularly conducted activity. In a civil case, the original or
copy of a foreign record that meets the requirements of subdivision(11), modified as
follows: the certification, rather than complying with a statute or Supreme Court rule,
must be signed in a manner that, if falsely made, would subject the maker to a criminal
penalty in the country where the certification is signed. The proponent must also meet the
notice requirements of subdivision (11).
Rule 15-64. SDCL 19-19-903. Subscribing witnesses. A subscribing witness's testimony is
necessary to authenticate a writing only if required by the law of the jurisdiction that governs its
validity.
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS AND PHOTOGRAPHS
Rule 15-65. SDCL 19-19-1001. Definitions that apply to this article. (a) A "writing" consists of
letters, words, numbers, or their equivalent set down in any form.
(b) A "recording" consists of letters, words, numbers, or their equivalent recorded in any manner.
(c) A "photograph" means a photographic image or its equivalent stored in any form.
(d) An "original" of a writing or recording means the writing or recording itself or any
counterpart intended to have the same effect by the person who executed or issued it. For
electronically stored information, "original" means any printout - or other output readable by sight
- if it accurately reflects the information. An "original" of a photograph includes the negative or a
print from it.
(e) A "duplicate" means a counterpart produced by a mechanical, photographic, chemical,
electronic, or other equivalent process or technique that accurately reproduces the original.
(f) "TDD," or "TTY," any auxiliary aids or services consisting of assistive listening or
transcription systems which allow the reception or transmission of aurally delivered communication
and materials for the benefit of individuals with hearing, speech, or physical impairments.
Rule 15-66. SDCL 19-19-1002. Requirement of the original. An original writing, recording, or
photograph is required in order to prove its content unless this chapter or rules adopted by the
Supreme Court of this state, or a state statute provides otherwise.
Rule 15-67. SDCL 19-19-1003. Admissibility of duplicates. A duplicate is admissible to the
same extent as the original unless a genuine question is raised about the original's authenticity or the
circumstances make it unfair to admit the duplicate.
Rule 15-68. SDCL 19-19-1004. Admissibility of other evidence of content. An original is not
required and other evidence of the content of a writing, recording, or photograph is admissible if:
(a) All the originals are lost or destroyed, and not by the proponent acting in bad faith;
(b) An original cannot be obtained by any available judicial process;
(c) The party against whom the original would be offered had control of the original; was at
that time put on notice, by pleadings or otherwise, that the original would be a subject of
proof at the trial or hearing; and fails to produce it at the trial or hearing; or
(d) The writing, recording, or photograph is not closely related to a controlling issue.
Rule 15-69. SDCL 19-19-1005. Copies of public records to prove content. The proponent may
use a copy to prove the content of an official record - or of a document that was recorded or filed in
a public office as authorized by law - if these conditions are met: the record or document is otherwise
admissible; and the copy is certified as correct in accordance with subdivision 19-19-902(4) or is
testified to be correct by a witness who has compared it with the original. If no such copy can be
obtained by reasonable diligence, then the proponent may use other evidence to prove the content.
Rule 15-70. SDCL 19-19-1006. Summaries to prove content. The proponent may use a
summary, chart, or calculation to prove the content of voluminous writings, recordings, or
photographs that cannot be conveniently examined in court. The proponent must make the originals
or duplicates available for examination or copying, or both, by other parties at a reasonable time and
place. And the court may order the proponent to produce them in court.
Rule 15-71. SDCL 19-19-1007. Testimony or statement of a third party to prove content. The
proponent may prove the content of a writing, recording, or photograph by the testimony, deposition,
or written statement of the party against whom the evidence is offered. The proponent need not
account for the original.
Rule 15-72. SDCL 19-19-1008. Functions of the court and jury. Ordinarily, the court determines
whether the proponent has fulfilled the factual conditions for admitting other evidence of the content
of a writing, recording, or photograph under § 19-19-1004 or 19-19-1005. But in a jury trial, the jury
determines--in accordance with subdivision 19-19-104(b)--any issue about whether:
(a) An asserted writing, recording, or photograph ever existed;
(b) Another one produced at the trial or hearing is the original; or
(c) Other evidence of content accurately reflects the content.
IT IS FURTHER ORDERED that rules 15-17 through 15-72 shall become effective January 1,
2016.
DATED at Pierre, South Dakota, this 19th day of October, 2015.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\239.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\240.wpd
CHAPTER 240
SCR 16-01
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
ESTABLISHING A JUVENILE
GRADUATED RESPONSE GRID RULE 16-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2016, at Pierre, South Dakota, relating to the adoption of a
new rule relating to establishing a juvenile graduated response grid, 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 establishing a juvenile graduated response
grid be and it is hereby adopted to read in its entirety as follows:
Section 1. Pursuant to SDCL 26-7A-125, the Supreme Court hereby adopts the following
juvenile graduated response grid and rules to guide court services officers in determining the
appropriate response to a violation or compliance with the conditions of juvenile probation. It is the
policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent
and reasonable manner by use of a graduated response grid. The use of graduated sanctions and
incentives is intended to achieve public safety by holding juvenile offenders accountable for their
behavior and reinforcing positive behavior.
Section 2. The response grids attached to this rule as Appendix A are hereby adopted for
statewide use by court services officers. The response grids shall be utilized statewide for all juvenile
delinquency and child in need of supervision (CHINS) cases supervised through court services.
Section 3. Court services officers should utilize the incentives grid to provide incentives for
compliance with the conditions of probation. Incentives should be individualized to the juvenile and
provided in a manner that acknowledges achievements and reinforces positive behavior.
Section 4. These response grids shall be made a standard condition of juvenile probation and the
juvenile probationer shall be informed that they may seek review of any moderate or serious sanction
imposed by requesting review by the chief court services officer for the judicial circuit. In the event
the supervising court services officer is the chief court services officer, the probationer may request
review of such determination by a chief court services officer from another judicial circuit which
shall be assigned by the director of trial court services. The decision made by the chief court services
officer concerning the imposition of a sanction is final. Any requests for review shall be documented
by the court services officer.
Section 5. The response grid applies to conduct that is a violation of the terms and conditions of
juvenile probation including an arrest for a new offense. If a juvenile probationer is arrested for a
violent offense or an offense that involves substantial threat of violence or a sex offense the court
services officer shall submit a probation violation report to the state's attorney and file a petition to
modify or revoke probation with the court. If a juvenile probationer's conduct demonstrates a
significant risk to public safety the court services officer shall immediately submit a probation
violation report.
Section 6. A court services officer shall respond to a violation through the application of the
sanctions grid by utilizing the appropriate cells based on the juvenile probationer's risk level and the
type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the
supervising court services officer. A court services officer may deviate up or down from the cell with
supervisor approval. Not all responses in each grid may be appropriate for all violations or for all
juvenile probationers. Graduated responses may be used individually or in combination and include
formal and informal responses to probation violations. The imposition of any sanction or incentive
shall be documented by the court services officer.
Section 7. Court services officers shall consider the risk the juvenile probationer poses to the
community, the severity of any violation, prior history on probation, previous violations or sanctions,
and the deterrent effect when imposing a sanction. The court services officer shall also employ
positive reinforcement for a probationer's compliance with the conditions of supervision and
completion of benchmarks during the term of supervision.
Section 8. Detention shall only be requested in conjunction with the filing of a formal petition
to modify or revoke probation.
Section 9. A sanction cannot extend the term of probation.
Section 10. There is hereby established a juvenile response grid oversight committee to consider
recommendations to the graduated response grid and make such changes as the committee
determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of
the South Dakota Supreme Court. The committee shall consist of nine members and be composed
of two judges, two chief court services officers, one deputy chief court services officer, two court
services officers that are not chief or deputy chief court services officers, one state's attorney and one
defense attorney. The director of trial court services shall also serve as a non-voting member of the
committee. The committee shall meet within 180 days from appointment and at least annually
thereafter.
Section 11. Nothing in this rule shall be construed to limit the sentencing court's ability to
respond to a probation violation or modify the terms and conditions of probation.
Section 12. This rule shall become effective February 1, 2016.
IT IS FURTHER ORDERED that this rule shall become effective immediately.
DATED at Pierre, South Dakota, this 22nd day of January, 2016.
APPENDIX
SOUTH DAKOTA'S JUVENILE SUPERVISORY RESPONSES (JSR)
-Sanctions-
Undesired Behavior -
Severity Level
|
Low/Admin Risk
Juvenile (YLS)
|
Medium Risk Juvenile
(YLS)
|
High Risk Juvenile
(YLS)
|
Minor
* Disruptive
Behaviors/Disobedience
* Dishonesty
* Failure to Complete
Assignment/Directive
* Truancy
* Failure to Attend
Probation Meeting
* Association with
Prohibited Peers
* Failure to Pay Court-
Ordered Financials
* Failure to Complete
Community Service
* School Infractions
* Runaway
* Driving without
Permission
* Positive Drug Test
* PBT of .07 or lower
* House Arrest Violation
*Intimidating/Threatening
Others
* Gang Association
(minor-colors, drawings,
etc.)
* Curfew Violation
* Missed Programming
Appointment (first time)
* Refusal to UA//PBT
* Admitted Ingestion
|
* Verbal Consequence
* Adjust Curfew
* Homework Verification
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Parent-Child
Conference
* Restrict
Privileges/Friends
* School Progress Reports
* Written Assignment
* Youth Proposed
Sanction
* Discretion of CSO,
Appropriate per Violation
|
* Verbal Consequence
* Adjust Curfew
* Homework Verification
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Parent-Child
Conference
* Restrict
Privileges/Friends
* School Progress Reports
* Written Assignment
* Youth Proposed
Sanction
* Behavior Modification
Group
* Discretion of CSO,
Appropriate per Violation
|
* Verbal Consequence
* Adjust Curfew
* Homework Verification
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Parent-Child
Conference
* Restrict
Privileges/Friends
* School Progress Reports
* Written Assignment
* Youth Proposed
Sanction
* Scheduled Problem-
solving meeting with
CSO
* Behavior Modification
Group
* Discretion of CSO,
Appropriate per Violation
|
Moderate
* Continuous or
Repetitive Undesired
Minor Behaviors
* New Nonviolent
Offense
* Gang Involvement-
Moderate Vandalism,
Graffiti, etc.
* Discharged
Unsuccessfully from
Programming
* PBT of .08 or higher
|
* Verbal Consequence
* Adjust Curfew
* Behavior Modification
Group
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* House Arrest
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Parent-Child
Conference
* Restrict
Privileges/Friends
* School Progress Reports
* Weekly Counseling
Reports
* Written Assignment
* Youth Proposed
Sanction
* Scheduled Problem-Solving Meeting with
CSO
* Review of Future
Sanctions if Behaviors
Continue
* Day/Evening Reporting
* Discretion of CSO,
Appropriate per Violation
|
* Verbal Consequence
* Adjust Curfew
* Behavior Modification
Group
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* House Arrest
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Restrict
Privileges/Friends
* School Progress Reports
* Weekly Counseling
Reports
* Written Assignment
* Youth Proposed
Sanction
* Scheduled Problem-Solving Meeting with
CSO
* Review of Future
Sanctions if Behaviors
Continue
* Day/Evening Reporting
* Electronic Monitoring
* Parent-Child
Conference
* Discretion of CSO,
Appropriate per Violation
|
* Verbal Consequence
* Adjust Curfew
* Behavior Modification
Group
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* House Arrest
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Restrict
Privileges/Friends
* School Progress Reports
* Weekly Counseling
Reports
* Written Assignment
* Youth Proposed
Sanction
* Scheduled Problem-Solving Meeting with
CSO
* Review of Future
Sanctions if Behaviors
Continue
* Day/Evening Reporting
* Electronic Monitoring
* Parent-Child
Conference
* Discretion of CSO,
Appropriate per Violation
|
Serious
* Continuous or
Repetitive Undesired
Minor Behaviors
* Continuous or
Repetitive Undesired
Moderate Behaviors
* Tampering with UA
* Positive UA other than
THC
* Contact with victim
Possession of
unauthorized weapon
* *New violent offense or
substantial threat of
violence
* *Sex offense
* *Abscond
|
* Verbal Consequence
* Adjust Curfew
* Behavior Modification
Group
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* House Arrest
* Electronic Monitoring
* Court Observation
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Parent-Child
Conference
* Restrict
Privileges/Friends
* School Progress Reports
* Weekly Counseling
Reports
* Written Assignment
* Youth Proposed
Sanction
* Scheduled Problem-Solving Meeting with
CSO
* Day/Evening Reporting
* Violation Report with
the Court-Detention
Request
* Increase in Risk
Level/Supervision Level
* Discretion of CSO,
Appropriate per Violation
|
* Verbal Consequence
* Adjust Curfew
* Behavior Modification
Group
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* House Arrest
* Electronic Monitoring
* Court Observation
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Parent-Child
Conference
* Restrict
Privileges/Friends
* School Progress Reports
* Weekly Counseling
Reports
* Written Assignment
* Youth Proposed
Sanction
* Scheduled Problem-Solving Meeting with
CSO
* Day/Evening Reporting
* Violation Report with
the Court-Detention
Request
* Discretion of CSO,
Appropriate per Violation
|
* Verbal Consequence
* Adjust Curfew
* Behavior Modification
Group
* CD Evaluation
* Community Service
* Counseling Service
* Support Parental Rules
* House Arrest
* Electronic Monitoring
* Court Observation
* Increase Face to Face
* Increase Phone Contact
* Limit Overnight with
Friends
* Parent Proposed
Sanction
* Parent-Child
Conference
* Restrict
Privileges/Friends
* School Progress Reports
* Weekly Counseling
Reports
* Written Assignment
* Youth Proposed
Sanction
* Scheduled Problem-Solving Meeting with
CSO
* Day/Evening Reporting
* Violation Report with
the Court-Detention
Request
* Discretion of CSO,
Appropriate per Violation
|
*Officer is required to submit a probation violation. For all other cells the officer has discretion to
submit a probation violation report as appropriate in response to behavior.
APPENDIX
SOUTH DAKOTA'S JUVENILE SUPERVISORY RESPONSES (JSR)
-Incentives-
Desired Behaviors
|
Low Level Incentive
|
Moderate Level
Incentive
|
High Level Incentive
|
Compliant
(Contemplation Stage of
Change)
(Preparation Stage of
Change)
Desired behavior would
be that the juvenile is
meeting the conditions of
probation or has shown
an improvement in
meeting those conditions.
- More problem
recognition
- Decisional balance
- Increased commitment
- Ready to make choices
- Sharing plans for change
- Change becomes
priority
- Shift in view from past
to future
|
* Verbal Praise
* Written Praise
* Drawing from a Prize
Bucket
* Encourage School Staff
Recognition for Child
* Decrease Phone Contact
* Parent and Juvenile
Recommended Incentives
|
* Verbal Praise
* Written Praise
* Drawing from a Prize
Bucket
* Encourage School Staff
Recognition for Child
* Decrease Phone Contact
* Parent and Juvenile
Recommended Incentives
* Reduce meetings
* Eliminate Electronic
Monitoring
* Allow overnights with
Friends
|
* Verbal Praise
* Written Praise
* Drawing from a Prize
Bucket
* Encourage School Staff
Recognition for Child
* Decrease Phone Contact
* Parent and Juvenile
Recommended Incentives
* Reduce meetings
* Eliminate Electronic
Monitoring
* Allow overnights with
Friends
* Reduced UAs/PBTs
* Job Shadowing
* Moderate Financial
Reward (gift cards,
activity fees, tickets,
recreational passes,
memberships under $15,
etc.)
* Reduced Probation
Condition
* Extend Curfew
|
Demonstrated
Improvement
(Action Stage of
Change)
Desired behavior would
be a juvenile's progress in
meeting the conditions of
probation and showing a
commitment for
improvement that goes
beyond mere compliance.
- Strategies for change are
chosen and pursued
- Active modification of
behavior, thoughts,
feelings, and environment
- Treatment and/or self
help
|
* Verbal Praise
* Written Praise
* Moderate Financial
Reward (gift cards,
activity fees, tickets,
recreational passes,
memberships under $15,
etc.)
* Reduced Probation
Condition
*Reduced UAs/PBTs
* Drawing from a Prize
Bucket
* Reduce Meetings
* Allow Overnights with
Friends
* Encourage School Staff
Recognition for Child
* Extend Curfew
* Decrease Phone Contact
* Graduation
Certificate/Ceremonies
for Accomplishments
* Reduce Telephone
Contact
* Higher Level Financial
Rewards (gift cards,
activity fees, tickets,
recreational passes,
memberships over $15
etc.)
* Job Shadowing
* Recommend Reduced
Probation Term
* Eliminate Electronic
Monitoring
* Acknowledgment by the
Judge for Positive
Behaviors
* Parent and Juvenile
Recommended Incentives
* College/Career Planning
Session
* School Spirit Wear
|
* Verbal Praise
* Written Praise
* Moderate Financial
Reward (gift cards,
activity fees, tickets,
recreational passes,
memberships under $15,
etc.)
* Reduced Probation
Condition
*Reduced UAs/PBTs
* Drawing from a Prize
Bucket
* Reduce Meetings
* Allow Overnights with
Friends
* Encourage School Staff
Recognition for Child
* Decrease Phone Contact
* Graduation
Certificate/Ceremonies
for Accomplishments
* Reduce Telephone
Contact
* Higher Level Financial
Rewards (gift cards,
activity fees, tickets,
recreational passes,
memberships over $15
etc.)
* Job Shadowing
* Eliminate Electronic
Monitoring
* Acknowledgment by the
Judge for Positive
Behaviors
* Parent and Juvenile
Recommended Incentives
* College/Career Planning
Session
* School Spirit Wear
* Backpack Program-food, school supplies
* Increase Driving
Privileges
* Extend Curfew
* Reduce Community
Service Hours
|
* Verbal Praise
* Written Praise
* Moderate Financial
Reward (gift cards,
activity fees, tickets,
recreational passes,
memberships under $15,
etc.)
* Reduced Probation
Condition
*Reduced UAs/PBTs
* Drawing from a Prize
Bucket
* Reduce Meetings
* Allow Overnights with
Friends
* Encourage School Staff
Recognition for Child
* Decrease Phone Contact
* Graduation
Certificate/Ceremonies
for Accomplishments
* Reduce Telephone
Contact
* Higher Level Financial
Rewards (gift cards,
activity fees, tickets,
recreational passes,
memberships over $15
etc.)
* Job Shadowing
* Recommend Reduced
Probation Term
* Eliminate Electronic
Monitoring
* Acknowledgment by the
Judge for Positive
Behaviors
* Parent and Juvenile
Recommended Incentives
* College/Career Planning
session
* School Spirit Wear
* Backpack Program-food, school supplies
* Increase Driving
Privileges
* Extend Curfew
* Reduce Community
Service Hours
|
Significant
Improvement
(Action Stage of
Change)
(Maintenance Stage of
Change)
Desired behavior would
indicate a demonstration
of commitment and
progress to meeting the
terms of probation and
would be associated with
a level of improvement
that shows effective
change by the juvenile.
- Sustaining new habits
- Working to prevent
relapses
- Taking personal
responsibilities and credit
for change
- Watching out for
dangerous people, places
and things
- Moving toward a
balanced lifestyle
|
* Verbal Praise
* Written Praise
* Moderate Financial
Reward (gift cards,
activity fees, tickets,
recreational passes,
memberships under $15,
etc.)
* Reduced Probation
Condition
* Reduced UAs/PBTs
* Drawing from a Prize
Bucket
* Reduce Meetings
* Allow Overnights with
Friends
* Encourage School Staff
Recognition for Child
* Backpack Program-food, school supplies
* Increase Driving
Privileges
* Extend Curfew
* Decrease Phone Contact
* Graduation
Certificate/Ceremonies
for Accomplishments
* Reduce Telephone
Contact
* Higher Level Financial
Rewards (gift cards,
activity fees, tickets,
recreational passes,
memberships over $15
etc.)
* Photo ID Costs
* Job Shadowing
* Recommend Reduced
Probation Term
* Eliminate Electronic
Monitoring
* Acknowledgment by the
Judge for Positive
Behaviors
* Parent and Juvenile
Recommended Incentives
* Reduce Community
Service Hours
* Recommend Court
Reduction in Fines or
Fees
* College/Career Planning
Session
* School Spirit Wear
|
* Verbal Praise
* Written Praise
* Moderate Financial
Reward (gift cards,
activity fees, tickets,
recreational passes,
memberships under $15,
etc.)
* Reduced Probation
Condition
* Reduced UAs/PBTs
* Drawing from a Prize
Bucket
* Reduce Meetings
* Allow Overnights with
Friends
* Encourage School Staff
Recognition for Child
* Backpack Program-food, school supplies
* Increase Driving
Privileges
* Extend Curfew
* Decrease Phone Contact
* Graduation
Certificate/Ceremonies
for Accomplishments
* Reduce Telephone
Contact
* Higher Level Financial
Rewards (gift cards,
activity fees, tickets,
recreational passes,
memberships over $15
etc.)
* Photo ID Costs
* Job Shadowing
* Recommend Reduced
Probation Term
* Eliminate Electronic
Monitoring
* Acknowledgment by the
Judge for Positive
Behaviors
* Parent and Juvenile
Recommended Incentives
* Reduce Community
Service Hours
* Recommend Court
Reduction in Fines or
Fees
* College/Career Planning
Session
* School Spirit Wear
|
* Verbal Praise
* Written Praise
* Moderate Financial
Reward (gift cards,
activity fees, tickets,
recreational passes,
memberships under $15,
etc.)
* Reduced Probation
Condition
* Reduced UAs/PBTs
* Drawing from a Prize
Bucket
* Reduce Meetings
* Allow Overnights with
Friends
* Encourage School Staff
Recognition for Child
* Backpack Program-food, school supplies
* Increase Driving
Privileges
* Extend Curfew
* Decrease Phone Contact
* Graduation
Certificate/Ceremonies
for Accomplishments
* Reduce Telephone
Contact
* Higher Level Financial
Rewards (gift cards,
activity fees, tickets,
recreational passes,
memberships over $15
etc.)
* Photo ID Costs
* Job Shadowing
* Recommend Reduced
Probation Term
* Eliminate Electronic
Monitoring
* Acknowledgment by the
Judge for Positive
Behaviors
* Parent and Juvenile
Recommended Incentives
* Reduce Community
Service Hours
* Recommend Court
Reduction in Fines or
Fees
* College/Career Planning
Session
* School Spirit Wear
|
|
* Payment for GED
Testing
|
* Payment for GED
Testing
|
* Payment for GED
Testing
|
* Incentives should be individualized to the juvenile and this list is not exclusive.
**Incentives should be applied with a 4:1 ratio when compared to Sanctions.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\240.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\241.wpd
CHAPTER 241
SCR 16-02
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-30(f) RULE 16-02
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2016, at Pierre, South Dakota, relating to the amendment of
SDCL 15-6-30(f), and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 15-6-30(f) be and it is hereby amended to read in its entirety as follows:
15-6-30(f). Certification and filing by officer--Exhibits--Copies.
(1) The officer shall certify on the deposition that the witness was duly sworn by the officer
and that the deposition is a true record of the testimony given by the witness. This
certificate must be in writing and accompany the record of the deposition. The officer
shall then securely seal the deposition in an envelope endorsed with the title of the action
and marked "Deposition of (here insert name of witness)" and shall promptly send it the
deposition to the attorney who arranged for the transcript or recording, who must store it
under conditions that will protect it against loss, destruction, tampering, or deterioration.
Documents and things produced for inspection during the examination of the witness,
shall, upon the request of a party, be marked for identification and annexed to and
returned with the deposition, and may be inspected and copied by any party, except that
(A) the person producing the materials may substitute copies to be marked for
identification, if he affords to all parties fair opportunity to verify the copies by
comparison with the originals, and (B) if the person producing the materials requests their
return, the officer shall mark them, give each party an opportunity to inspect and copy
them, and return them to the person producing them, and the materials may then be used
in the same manner as if annexed to and returned with the deposition. Any party may
move for an order that the original be annexed to and returned with the deposition to the
court, pending final disposition of the case.
(2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the
transcript or other recording of the deposition to any party or to the deponent.
(3) The party taking the deposition shall give prompt notice of its filing to all other parties.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2016.
DATED at Pierre, South Dakota, this 17th day of March, 2016.
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\242.wpd
CHAPTER 242
SCR 16-03
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL CH. 15-26A
APPENDIX OF FORMS, Form 3 RULE 16-03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2016, at Pierre, South Dakota, relating to the amendment of
SDCL Ch. 15-26A, Appendix of Forms, Form 3, and the Court having considered the proposed
amendment thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL Ch. 15-26A, Appendix of Forms, Form 3, be and it is hereby amended
to read in its entirety as follows:
SDCL Ch. 15-26A, APPENDIX OF FORMS, Form 3
Form 3 APPEAL TRANSCRIPTS
1. Appeal transcripts shall consist of volumes of 250 pages or less, prepared on 81/2" x 11" white
opaque paper with 25 prenumbered, double-spaced lines per page.
2. Each page shall have ruled margins with 3/4" top and bottom margins, a 11/2" left margin, and
a ½" right margin.
3. The transcript shall be typed using pica type with 10 characters per inch; questions shall start
with a "Q" flush at the left margin, with two spaces between "Q" and the text of the question;
answers shall start with an "A" flush at the left margin with two spaces between "A" and the
beginning of the text of the answer; colloquy, such as "THE COURT," "MR. JONES," etc., shall
start three spaces from the left margin.
4. The pages shall be consecutively numbered throughout the entire transcript (not according to
volume) located at the bottom center of each page upper right-hand corner.
5. Each volume shall be securely bound with a protective cover upon which or through which the
following shall appear: (a) a 11/2" blank space at the top of the page; (b) the trial court name,
location and case number; (c) the case name; (d) the type of proceeding; (e) the date of the
proceeding reported in that volume; (f) the name of the judge before whom the proceedings
occurred; (g) appearances; (h) the volume number and the pages included in the volume.
6. An index of witnesses, motions, and exhibits shall follow the cover page of the first volume of
each transcript; each major event of the proceeding shall be listed separately and identified by
the transcript page number at which it begins.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2016.
DATED at Pierre, South Dakota, this 17th day of March, 2016.
_______________
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Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\243.wpd
CHAPTER 243
SCR 16-04
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-12B-1.1 RULE 16-04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2016, 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 Two full-time magistrate judge judges;
(4) Fourth Circuit: One full-time and one part-time magistrate judge;
(5) Fifth Circuit: One full-time magistrate judge;
(6) Sixth Circuit: One full-time magistrate judge; and
(7) Seventh Circuit: Four full-time magistrate judges.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2016.
DATED at Pierre, South Dakota, this 17th day of March, 2016.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\243.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\244.wpd
CHAPTER 244
SCR 16-05
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 RELATING TO
ESSENTIAL ELIGIBILITY REQUIREMENT
FOR ADMISSION TO BE DESIGNATED
IMMEDIATELY BEFORE SDCL 16-16-2.3 RULE 16-05
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2016, at Pierre, South Dakota, relating to the adoption of a
new rule relating to the essential eligibility requirement for admission to be designated immediately
before SDCL 16-16-2.3, 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 the essential eligibility requirement for
admission be and it is hereby adopted to read in its entirety as follows:
16-16-1.1. Essential eligibility requirements for admission. Applicants must be able to
demonstrate the following essential eligibility requirements for the practice of law:
(1) The ability to be honest and candid with clients, lawyers, courts, the board, and others;
(2) The ability to reason, recall complex factual information, and integrate that information
with complex legal theories;
(3) The ability to communicate with clients, lawyers, courts, and others with a high degree
of organization and clarity;
(4) The ability to use good judgment on behalf of clients and in conducting one's professional
business;
(5) The ability to conduct oneself with respect for and in accordance with the law;
(6) The ability to avoid acts that exhibit disregard for the rights or welfare of others;
(7) The ability to comply with the requirements of the Rules of Professional Conduct,
applicable state, local, tribal, and federal laws, regulations, statutes, and any applicable
order of a court or tribunal;
(8) The ability to act diligently and reliably in fulfilling one's obligations to clients, lawyers,
courts, and others;
(9) The ability to use honesty and good judgment in financial dealings on behalf of oneself,
clients, and others; and
(10) The ability to comply with deadlines and time constraints.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2016.
DATED at Pierre, South Dakota, this 17th day of March, 2016.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\244.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\245.wpd
CHAPTER 245
SCR 16-06
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 19-19-1101 RULE 16-06
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2016, at Pierre, South Dakota, relating to the amendment of
SDCL 19-19-1101, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 19-19-1101 be and it is hereby amended to read in its entirety as follows:
19-19-1101. Applicability of chapter.Except as otherwise provided in this section, this chapter
applies to all actions and proceedings in the courts of this state. This chapter other than those
sections with respect to privileges does not apply in the following situations:
(1) The determination of questions of fact preliminary to admissibility of evidence when the
issue is to be determined by the court under subdivision 19-19-104(a).
(2) Small claims court proceedings.
(3) Proceedings for extradition or rendition.
(4) Sentencing, or granting or revoking probation.
(5) Issuance of warrants for arrest, criminal summonses, and search warrants.
(6) Proceedings with respect to release on bail or otherwise.
(7) Disposition hearings, temporary custody hearings and other hearings other than
adjudicatory hearings in juvenile court.
(8) Contempt proceedings in which the court may act summarily.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2016.
DATED at Pierre, South Dakota, this 29th day of March, 2016.
_______________
End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\245.wpd
Start Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\246.wpd
CHAPTER 246
SCR 16-07
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE ADOPTION
OF AMENDMENTS AND REPEALS IN
PART TO SDCL CH. 16-19
DISCIPLINE OF ATTORNEYS RULE 16-07 through 16-67
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on January 13, 2016, at Pierre, South Dakota, relating to the amendments and
repeals of SDCL Ch.16-19--Discipline of Attorneys, and the Court having considered the proposed
amendments and repeals thereto and being fully advised in the premises, now, therefore, it is
ORDERED that certain rules in SDCL Ch. 16-10--Discipline of Attorneys be and they are hereby
amended to read in part as follows:
SDCL CHAPTER 16-19
DISCIPLINE OF ATTORNEYS
Rule 16-07. SDCL 16-19-21. Attorneys subject to discipline by Supreme Court and board. Any
attorney admitted to practice law in this state and any attorney specially admitted by a court of this
state for a particular proceeding is subject to the inherent disciplinary jurisdiction of the Supreme
Court and the board established by § 16-19-24.
Rule 16-08. SDCL 16-19-22. Supreme Court exclusive power to disbar or suspend attorney. The
Supreme Court has the sole power to disbar and strike from the roster any attorney or to suspend any
attorney from the practice for such time not to exceed three years, to publicly censure an attorney,
and to impose probation or conditions as shall seem just for cause shown.
Rule 16-09. SDCL 16-19-23. Powers reserved to other courts to control proceedings. Nothing
contained in this chapter denies any court powers necessary for that court to maintain control over
proceedings conducted before it, including the power of contempt.
Rule 16-10. SDCL 16-19-24. Disciplinary board of State Bar--Appointment and terms of
members--Vacancies. There is hereby established a seven member board to be known as "the
disciplinary board of the State Bar of South Dakota" (hereinafter referred to as the "board"),
consisting of six active members of the State Bar appointed by the President of the State Bar and one
lay member who shall be a resident of South Dakota of twenty-one years of age or more, appointed
by the Chief Justice. Attorney vacancies shall be filled by the President of the State Bar, and a lay
vacancy shall be filled by the Chief Justice.
The term of service for members shall be one term of five years. Except as provided herein, no
member shall serve for more than five years. An appointment to fill an unexpired term shall not
constitute an appointment prohibiting an appointment for a subsequent term provided that the
appointment for an unexpired term does not exceed three years. It is the intent of this rule to provide
for the orderly and systematic rotation of board members such that not more than two lawyer
members complete terms each calendar year. In the event of death, disability or resignation, resulting
in multiple members completing terms in a single calendar year and in order to restore the orderly
and systematic rotation of board membership, the term of appointment by the appointing person may
be either shortened or extended, not to exceed two years' deviation from a five year term.
Rule 16-11. SDCL 16-19-25. Chairman and vice-chairman of the board. The President of the
State Bar shall designate one attorney member as chair of the board and may designate another
attorney member as vice-chair.
Rule 16-12. SDCL 16-19-26. Meetings of the board-Quorum-Vote required for action. The board
shall meet at least quarterly at times fixed by the chair. Four members shall constitute a quorum. The
board shall act only with the concurrence of four or more members. The board may meet by the use
of audio or visual medium.
Rule 16-13. SDCL 16-19-27. Compensation of members of the board. Attorney members of the
board shall receive no compensation for their services but may be reimbursed for their travel and
other expenses incidental to the performance of their duties. The lay member shall receive
compensation at the rate of one hundred dollars per day in addition to travel and other expenses
incidental to the performance of his or her duties.
Rule 16-14. SDCL 16-19-28. Disqualification of board members in particular proceedings--Ad
hoc appointments to restore full membership. Board members shall refrain from taking part in any
proceeding in which a judge, similarly situated, would be required to abstain. In the event of recusal
of attorney members of the board, the President of the State Bar shall appoint active members of the
State Bar, preferably members with previous service on the board to restore the board to full
membership. In the event of the recusal of the lay member, the Chief Justice shall appoint a lay
person having the qualifications set forth in subdivision 16-19-24. Each such member shall fulfill
all the responsibilities of the board member replaced.
Rule 16-15. SDCL 16-19-30. Complaints and testimony privileged--board and staff immune
from suit. Complaints submitted to the board or testimony with respect thereto shall be absolutely
privileged and no civil action predicated thereon may be instituted. Members of the board, the
board's counsel, board staff and any personnel or legal counsel appointed by the board shall be
immune from suit for any conduct in the course of their official duties.
Rule 16-16. SDCL 16-19-31. License to practice law as trust-Duty to conform to standards. A
license to practice law in this state is a privilege and a continuing proclamation by the Supreme
Court that a licensed attorney is an officer of the court, is fit to be entrusted with legal and judicial
matters, and to aid in the administration of justice. It is the duty of an attorney to act, both
professionally and personally, in conformity with the standards of conduct governing members of
the bar.
Rule 16-17. SDCL 16-19-32. Violations by attorneys as grounds for discipline. An act or
omission by an attorney, individually or in concert with others, which violate the attorney's oath of
office, the laws governing attorney conduct, or the Rules of Professional Conduct, or other
disciplinary rules adopted by the Supreme Court, is misconduct and is grounds for discipline,
whether or not the act or omission occurred in the course of an attorney-client relationship.
Rule 16-18. SDCL 16-19-33. Specific grounds for discipline of attorneys. The following shall
similarly constitute misconduct and shall be grounds for discipline:
(1) Conviction of a crime as set forth in § 16-19-36;
(2) Disobedience to, or violation of an order of the court requiring the attorney to act or
refrain from acting in a particular manner;
(3) Violation of any of the duties of an attorney or counselor as prescribed in chapter 16-18;
(4) Conviction of any of the offenses relating to attorneys or counselors set out in chapter
16-18;
(5) Violation of any bylaw, rule, or regulation duly adopted by the State Bar and approved by
the Supreme Court;
(6) Engaging or attempting to engage in the practice of law in this state, not being an active
member of the State Bar in good standing;
(7) Violation of the prohibitions of § 16-18-29;
(8) Violation of § 16-18-20.1 or 20.2;
(9) Violation of §§ 16-18-34 to 16-18-34.5, inclusive, by a supervising attorney or by a legal
assistant under the attorney's supervision;
(10) Violation of the South Dakota Code of Judicial Conduct, appendix to chapter 16-2.
Rule 16-19. SDCL 16-19-34. Deceit and collusion as grounds for disbarment--Treble damages.
An attorney and counselor who is guilty of deceit or collusion, or consents thereto, with intent to
deceive a court or judge, or party to an action or proceeding, is liable to discipline, and shall forfeit
to the injured party treble damages to be recovered in a civil action.
Rule 16-20. SDCL 16-19-35. Kinds of discipline authorized. Discipline for misconduct may be
imposed as follows:
(1) Disbarment by the Supreme Court;
(2) Suspension by the Supreme Court for a specific period not to exceed three years;
(3) Placement on a probationary status by the Supreme Court for such period and with such
conditions as the Supreme Court may specify;
(4) Public censure by the Supreme Court; and
(5) Private reprimand by the board.
Rule 16-21. SDCL 16-19-35.1. Petition by board for temporary suspension. The board may
petition the Supreme Court to temporarily suspend an attorney from the practice of law or to impose
restrictions or conditions on the attorney's practice pending full investigation and disposition, where
the attorney poses a risk or danger to clients, clients' property, or the public, where the board can
demonstrate a substantial likelihood that the attorney will ultimately be disciplined, and where the
charges under investigation, if ultimately proven, would likely result in a suspension or disbarment.
The board counsel shall serve a copy of the petition upon the respondent attorney by certified mail.
The respondent attorney shall file with the Supreme Court a response within ten days of service or
at such time as the Supreme Court may direct, and serve a copy of the response on the board counsel.
The Supreme Court may schedule a hearing before the Supreme Court or order a hearing to be
conducted by a referee. To the extent possible, these proceedings shall be conducted on an expedited
basis. The Supreme Court may deny the petition, suspend the attorney pending formal proceedings,
or impose such restrictions or conditions for the continued practice of law upon the respondent
attorney, or enter protective and remedial orders as the Supreme Court deems appropriate.
A temporarily suspended attorney shall not practice law or act as a legal assistant except as
provided by §§ 16-18-34.4 to 16-18-34.7, inclusive.
Rule 16-22. SDCL 16-19-36. Attorney's conviction of serious crime to be reported to Supreme
Court--Definition of serious crime. Any attorney and the clerk of any court in this state in which an
attorney is convicted of a serious crime, except those misdemeanor traffic offenses or traffic
ordinance violations not involving the use of alcohol or drugs, shall within ten days of said
conviction transmit a certificate thereof to the Supreme Court. The term "serious crime" includes any
felony and any lesser crime a necessary element of which, as determined by the statutory or common
law definition of such crime, involves improper conduct as an attorney, interference with the
administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax
returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or
solicitation of another to commit a serious crime.
Rule 16-23. SDCL 16-19-37. Suspension from practice on conviction of serious crime--Setting
aside order. If any attorney has been convicted of a serious crime as defined in § 16-19-36, the
Supreme Court may enter an order immediately suspending the attorney from engaging in the
practice of law, pending final disposition of a disciplinary proceeding to be commenced upon such
conviction. Upon good cause shown, the Supreme Court may set aside such order suspending the
attorney from engaging in the practice of law when it appears in the interest of justice so to do. An
order suspending an attorney from the practice of law pursuant to this section is a suspension of the
attorney for the purpose of §§ 16-19-74 to 16-19-82, inclusive, unless the Supreme Court shall
otherwise order.
Rule 16-24. SDCL 16-19-38. Reinstatement of suspended attorney on reversal of
conviction--Pending proceedings unaffected. An attorney suspended under the provisions of
§ 16-19-37 will be reinstated immediately upon the filing of a certificate demonstrating that the
underlying conviction of a serious crime has been reversed but the reinstatement will not terminate
any disciplinary proceeding then pending against the attorney.
Rule 16-25. SDCL 16-19-39. Reference for formal disciplinary proceedings on conviction of
serious crime. Upon the receipt of notice of conviction of an attorney for a serious crime, the
Supreme Court shall also refer the matter to the board for the institution of a formal proceeding in
which the sole issue to be determined shall be the extent of the final discipline to be imposed. A
disciplinary proceeding so instituted will not be brought to hearing until all appeals from the
conviction are concluded.
Rule 16-26. SDCL 16-19-40. Parties initiating investigations of attorney's conduct. An
investigation of an attorney's conduct as possible grounds for discipline may be initiated by:
(1) The Supreme Court;
(2) The board;
(3) The Attorney General; or
(4) An individual.
Rule 16-27. SDCL 16-19-41. Reference for investigation and report in proceeding initiated by
Supreme Court. If the investigation of an attorney's conduct is initiated by the Supreme Court the
matter shall be referred to the board for an investigation and report as provided in this chapter.
Rule 16-28. SDCL 16-19-42. Complaint and reference for investigation and report in proceeding
initiated by Attorney General. If the investigation of an attorney's conduct is initiated by the Attorney
General, the Attorney General shall file a written complaint with the Supreme Court which shall
refer the matter to the board for an investigation and report pursuant to §§ 16-19-45 to 16-19-64,
inclusive.
Rule 16-29. SDCL 16-19-43. Investigation or reference for investigation and report in proceeding
initiated by the board. If the investigation of an attorney's conduct is initiated by the board, it may
proceed to conduct an investigation pursuant to §§ 16-19-50 to 16-19-64, inclusive.
Rule 16-30. SDCL 16-19-44. Individual complaint filed with board or Supreme Court--Reference
for investigation and report.
(A) An individual may initiate an investigation of an attorney's conduct by filing a written and
signed complaint with the board secretary or designee in such form as the board may prescribe. The
board shall proceed on such complaint in accordance with §§ 16-19-50 to 16-19-64, inclusive.
(B) The board secretary or designee shall dismiss complaints outside the board's jurisdiction,
frivolous complaints and complaints which fail to allege facts which give rise to the board's
jurisdiction utilizing summary judgment standards set forth in chapter 15-6. Conclusions, opinions,
suppositions and arguments shall not be considered. Copies of such dismissals shall be provided to
the board. A complainant dissatisfied with such a dismissal may, within ten days of such dismissal
request in writing a review by the board which review shall be considered by the board at its next
regular or special meeting.
(C) In the alternative, an individual may initiate an investigation of an attorney's conduct by filing
with the clerk of the Supreme Court a written complaint. A complaint of attorney misconduct made
directly to the Supreme Court shall comply with the following requirements:
(1) The complaint shall be signed and sworn to by the complainant.
(2) The complaint shall fully state all the facts relied upon by the complainant and shall
identify all sources of the factual information. Conclusions, opinions, and suppositions
of the complainant shall not be considered.
(3) If the alleged misconduct arose in a criminal case, the complaint shall state the county,
court, and file number of the case file, whether there was a conviction, and the status of
all appellate review, including pending habeas corpus or other post-conviction relief.
Copies of any final decision of appellate or habeas corpus review, or post-conviction
proceedings, or if pending, of the petition, shall be attached.
(4) The complaint shall state whether complainant has previously filed a complaint with the
board alleging similar misconduct by the attorney. A copy of any board's disposition letter
shall be attached.
(D) If the complaint fails to comply with any of the requirements of subsection (C), the clerk of
the Supreme Court shall forward the complaint to the secretary-treasurer of the State Bar and the
complaint shall be treated as if it had been initiated with the board pursuant to § 16-19-44(A).
(E) In the event that all requirements of this rule have been met, the Supreme Court shall proceed
as follows:
(1) If the Supreme Court shall determine the alleged facts raise an issue of noncompliance
with the Rules of Professional Conduct, the Supreme Court shall refer the matter to either
the board or the Attorney General for an investigation and report pursuant to §§ 16-19-45
to 16-19-64, inclusive.
(2) Complaints that are frivolous, unfounded in fact, or fail to raise an issue of
noncompliance with applicable Rules of Professional Conduct shall be dismissed.
(3) Allegations of ineffective assistance of counsel or other attorney conduct which has been
raised on appeal or habeas is deemed to be res judicata to the extent addressed by the
reviewing court. The complaint process is neither a substitute for nor a precursor to a
habeas corpus or post-conviction petition and complaints alleging misconduct that would
appropriately be alleged in a habeas corpus or post-conviction petition shall be deemed
premature and dismissed.
(4) If the Supreme Court determines the board has previously investigated the complaint, the
Supreme Court may, in its discretion, order the board to file a report with the court
reporting the nature and results of the board's investigation. Upon receipt of the report,
the Supreme Court may determine whether the complaint presents new or additional facts
which warrant further investigation. If the Supreme Court determines it is warranted, it
may order further investigation, or, if not warranted, may dismiss the complaint.
Rule 16-31. SDCL 16-19-45. Investigation by board on reference--Report and recommendation
filed with Supreme Court. When an investigation of an attorney's conduct has been referred to the
board for investigation it shall proceed to make a thorough investigation as provided in this chapter.
Rule 16-32. SDCL 16-19-46. Proceedings not to be abated for failure to prosecute, settlement
or restitution. Failure of a complainant to sign a complaint or to prosecute a charge, or settlement
or compromise between the complainant and the attorney, shall not justify abatement of the
processing of any complaint.
Rule 16-33. SDCL 16-19-50. Accused attorney to be given opportunity to state position. Except
in matters dismissed in accordance with 16-19-44(B), no disposition shall be undertaken by the
board or recommendation made by the Attorney General until the accused attorney shall have been
afforded a reasonable opportunity to state the attorney's position with respect to the allegations.
Rule 16-34. SDCL 16-19-52. Notice to attorney of complaint and allegations. In an investigation
by the board or by the Attorney General, notification shall be given to the attorney that a complaint
has been made and the nature of the allegations of misconduct.
Rule 16-35. SDCL 16-19-53. Methods of investigation to be used-Informal conference. An
investigation by the board or by the Attorney General may entail inquiries by mail, consultation with
the accused attorney, taking sworn statements or depositions, and investigation by the board's
counsel or the Attorney General's staff.
Rule 16-36. SDCL 16-19-54. Attorney's duty to respond to board. Every attorney shall promptly
and appropriately respond to any complaint or letter provided by any member of the board. In the
event of failure to respond an attorney is subject to private reprimand by the board, or, after hearing
on recommendation of the board, to discipline by the Supreme Court.
Rule 16-37. SDCL 16-19-55. Subpoena power of board and Attorney General--Disobedience as
contempt. A member of the board, the board secretary, its counsel or the Attorney General may issue
a subpoena requiring any witness to attend at any place within the state and requiring such witness
to produce pertinent books, papers, and documents, including client files and records of client funds,
and may administer oaths and take testimony in regard to such matters. The willful failure of any
person to respond to a subpoena, or the willful refusal of any person to testify, is a contempt against
the Supreme Court and may be punished accordingly.
Rule 16-38. Repeal of SDCL 16-19-56. Subpoena of attorney's record of client funds. The
records required by § 16-18-20.1 may be subpoenaed by the attorney general or any member of the
Disciplinary Board or its counsel in connection with any disciplinary investigation.
Rule 16-39. SDCL 16-19-58. Certificate of conviction as evidence against attorney. A certificate
of conviction of an attorney for any crime shall be conclusive evidence of the commission of that
crime in any disciplinary proceeding based upon the conviction.
Rule 16-40. SDCL 16-19-59. Dismissal of complaint on finding not meritorious. If the board
determines after an investigation that the complaint is not meritorious, it shall dismiss the complaint
and notify the complainant, the accused attorney and such other persons as the board may deem
appropriate. If the Attorney General determines after an investigation that the complaint is not
meritorious, the Attorney General shall report such findings to the Supreme Court and recommend
dismissal.
Rule 16-41. SDCL 16-19-60. Conditions imposed on attorney on finding of meritorious
complaint--Dismissal on compliance. If it is determined after an investigation by the board that the
complaint is meritorious, but that formal disciplinary proceedings are not warranted, the board and
the attorney may agree in writing to hold the proceedings in abeyance for an appropriate period,
provided the attorney throughout the period complies with specified reasonable conditions, including
board access to the attorney's healthcare and medical information. Upon satisfactory compliance, the
board may thereafter dismiss the proceedings and notify the complainant and such other persons as
the board deems appropriate. If, after an investigation, the Attorney General finds such action
warranted, the Attorney General shall report the Attorney General's findings to the Supreme Court
and recommend that such action be taken by the board.
Rule 16-42. SDCL 16-19-61. Notice to attorney of report and proposal for private reprimand. If
it is determined after an investigation and hearing that the complaint is meritorious and a private
reprimand is warranted, a written report of the findings and proposed action shall be prepared and
sent by certified mail to an accused attorney.
Rule 16-43. SDCL 16-19-62. Response by attorney to proposal for private reprimand--Report
and findings by board. An accused attorney shall have twenty days in which to agree to, or object
to the findings and proposed action and demand that formal proceedings be initiated in lieu of a
private reprimand. Silence shall be deemed to be an agreement with the findings and proposed
action. After twenty days or upon the accused attorney's agreement the board shall report its findings
to the Supreme Court. Upon filing, the findings constitute a private reprimand.
Rule 16-44. Repeal of SDCL 16-19-63. Demand by attorney for formal proceedings in lieu of
private reprimand. If an attorney does not accede to a private reprimand either affirmatively or by
silence within the twenty-day period provided therefor in § 16-19-62, he may within that same
twenty-day period demand as of right that formal proceedings be initiated against him pursuant to
§ 16-19-67.
Rule 16-45. SDCL 16-19-65. Consent by attorney to disbarment-Contents of affidavit. An
attorney who is the subject of an investigation into, or a pending proceeding involving allegations
of misconduct may consent to disbarment, but only by delivering to the board an affidavit to be
prepared by the board in the following form:
IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA
In Re: )
______________________________) RESIGNATION
(Name) )
)
State of _______________________)ss
)
County of _____________________)
I, _______, being duly sworn on oath, depose and say that my business address is _______
(Building No. and Name, if any, or Box No.), _______ (Street address, if any), _______ (City),
_______ (State), _______ (Zip Code); that my residence address is _______ (No. Street), _______
(City), _______ (State), _______ (Zip Code), and that I hereby tender my resignation from
membership in the State Bar of South Dakota and request and consent to my removal from the roster
of those admitted to practice before the courts of this state and from membership in the State Bar.
I am aware that there is pending against me a formal complaint concerning alleged misconduct
and/or that complaints, allegations or instances of alleged misconduct by me are under investigation
by the State Bar Disciplinary Board and that such complaints, allegations and/or instances include:
(Brief description of alleged misconduct, including designation of provisions of the South Dakota
Rules of Professional Conduct and statutes, if any, violated--and incorporation by reference of any
formal complaint in a pending disciplinary proceeding.)
I do not desire to contest or defend against the above-described complaints, allegations or
instances of alleged misconduct. I am aware of the rules of the Supreme Court and of the bylaws and
rules of procedure of the State Bar of South Dakota with respect to admission, discipline, resignation
and reinstatement of members of the State Bar, including SDCL 16-19-80. I understand that I shall
not be permitted to practice law or act as a legal assistant within the State of South Dakota except
as provided by §§ 16-18-34.4 to 16-18-34.7, inclusive. I understand that any future application by
me for reinstatement will be treated as an application by one who has been disbarred for misconduct,
and that, on such application, I shall not be entitled to a reconsideration or reexamination of the facts,
complaints, allegations or instances of alleged misconduct upon which this resignation is predicated.
I am aware that the Supreme Court may impose judgment for costs pursuant to SDCL 16-19-70.1.
Dated at _______, this ____ day of _______, 20__.
______________________
(Signature of Attorney)
Subscribed and sworn to before me this ____ day of _______, 20__.
______________________________________
Notary Public
My Commission Expires: _______________
Rule 16-46. SDCL 16-19-67. Findings of fact, conclusions of law, and recommendation of
investigating agency shall constitute a formal accusation. Formal disciplinary proceedings shall be
conducted as follows:
(1) After investigation as provided in this chapter, the investigating agency may file with the
Supreme Court, findings of fact, conclusions of law or conclusions pertaining to
violations of applicable Rules of Professional Conduct, and a recommendation for formal
discipline. Such filing constitutes a formal accusation against the respondent attorney.
(2) A copy of the formal accusation shall be served upon the respondent attorney by certified
mail. Unless otherwise directed by the Supreme Court, the investigating agency shall
continue to prosecute the formal proceedings. If the recommendation is for suspension or
disbarment, it shall also include a finding as to the qualifications of the accused attorney
to act as a legal assistant and a recommendation as to the restrictions or conditions of
employment and supervision if the accused is allowed to act as a legal assistant under §§
16-18-34.4 to 16-18-34.7, inclusive.
(3) The respondent attorney shall answer the formal accusation within thirty days and admit
or deny the allegations therein. If the accused attorney admits the allegations or fails to
answer the Supreme Court may proceed to render judgment.
(4) If the issue is joined it shall be tried by the Supreme Court which may refer the matter for
the taking of testimony and the making of findings and recommendations.
(5) A reference may be to any circuit court judge or to a referee appointed by the Supreme
Court in the same manner as provided for reference of cases in the circuit court so far as
applicable.
(6) The reference shall include the files and records of the board's investigation of the accused
attorney, including the transcript of any hearing conducted by the board.
(7) If the referee recommends suspension or disbarment the referee shall also make a finding
as to the qualifications of the accused attorney to act as a legal assistant and a
recommendation as to restrictions or conditions or employment and supervision if the
accused is allowed to act as a legal assistant.
Rule 16-47. Repeal of SDCL 16-19-68. Answer by attorney to formal accusation--Reference to
receive evidence and recommend disposition--Judgment on admission by attorney. The accused
attorney shall answer the formal accusation within thirty days and admit or deny the allegations
therein; the issues joined thereon shall in all cases be tried by the Supreme Court, but the court may
refer said matter for the taking of testimony and the making of findings and recommendations. Such
reference may be to any circuit court judge in this state or to a referee or referees appointed by the
court in the same manner as provided by law for the reference of cases in the circuit court so far as
applicable. If the accused attorney admits the allegations or fails to answer the formal accusation,
the court shall proceed to render such judgment as the case requires. If the referee recommends
suspension or disbarment, the referee shall also make a finding as to the qualifications of the accused
attorney to act as a legal assistant and make a recommendation as to the restrictions or conditions
of employment and supervision if the accused is allowed to act as a legal assistant under
§§ 16-18-34.4 to 16-18-34.7, inclusive.
Rule 16-48. SDCL 16-19-70.1. Costs and expenses of Disciplinary proceedings.
(a) State Bar of South Dakota. Costs and expenses incurred by the Disciplinary Board of the State
Bar of South Dakota in the investigation or prosecution of any disciplinary or reinstatement
proceeding under this chapter shall be paid by the State Bar, provided, however, that the expenses
of a disciplinary proceeding may, in the discretion of the Supreme Court, be assessed against the
attorney who is the subject of such proceeding.
(b) Attorney General. The Attorney General shall pay the costs and expenses his office incurs
in the investigation or prosecution of any disciplinary proceeding under this chapter.
(c) Unified Judicial System. The Unified Judicial System shall pay the costs and expenses
incurred by the referee, the court reporter and witnesses when a disciplinary action is referred to a
referee under § 16-19-68.
Rule 16-49. SDCL 16-19-70.2. Allowable costs and expenses. Expenses incurred by the board,
the Attorney General, or the Unified Judicial System that were not covered by advance deposit and
that have not been previously paid by the attorney who is the subject of a disciplinary or
reinstatement proceeding may be assessed by the Supreme Court against said attorney in favor of the
State of South Dakota and/or the State Bar of South Dakota according to their respective interests
to cover the costs of a referee's mileage, meals, and rooms; a court reporter's mileage, meals, rooms,
and transcript preparation; disciplinary counsel's mileage, meals, rooms, telephone charges, copying
fees, and hourly charges for investigation and preparation for hearings, trials, and appeals, and
appearances at hearings, trials, and appeals; witnesses' fees and mileage; and the board members'
mileage, meals, and rooms, provided that proof of such costs shall be made as hereafter provided in
§ 16-19-70.3.
Rule 16-50. SDCL 16-19-71. Advice to Supreme Court of discipline in another
jurisdiction--Copy of order filed--Conclusive evidence of misconduct. All attorneys subjected to
professional discipline in another jurisdiction, shall promptly inform the clerk of the Supreme Court
and the board of such action. Upon being so informed, the clerk of the Supreme Court shall obtain
a certified copy of such disciplinary order and file the same with the Supreme Court. Except as
provided by § 16-19-74, a final adjudication in another jurisdiction that an attorney has been guilty
of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding
in this state.
Rule 16-51. SDCL 16-19-72. Notice to attorney of disciplinary order from other jurisdiction.
Upon receipt of a certified copy of an order demonstrating that an attorney admitted to practice in
this state has been disciplined in another jurisdiction, the Supreme Court shall forthwith issue a
notice directed to the attorney and a copy to the board containing:
(1) A copy of the order from the other jurisdiction; and
(2) An order directing that the attorney inform the Supreme Court, within thirty days from
service of the notice, of any claim by the attorney predicated upon the grounds set forth
in § 16-19-74 that the imposition of the identical discipline in this state would be
unwarranted and the reasons therefor.
(3) Any claim by the attorney that imposition of identical discipline is unwarranted may be
referred to the board for an investigation and report to the Supreme Court.
(4) In the event discipline imposed in another jurisdiction has been stayed, any reciprocal
discipline in this state shall be deferred until such stay expires.
Rule 16-52. Repeal of SDCL 16-19-73. Stay of reciprocal discipline on stay in other jurisdiction.
In the event the discipline imposed in the other jurisdiction has been stayed there, any reciprocal
discipline imposed in this state shall be deferred until such stay expires.
Rule 16-53. SDCL 16-19-74. Imposition of identical reciprocal discipline--Grounds for other
disposition. The Supreme Court shall impose the identical discipline unless the board or the attorney
demonstrates, and the Supreme Court finds that on the record upon which the discipline is predicated
it clearly appears:
(1) That the procedure was so lacking in notice or opportunity to be heard as to constitute a
deprivation of due process; or
(2) That there was such an infirmity of proof establishing the misconduct as to give rise to the
clear conviction that the Supreme Court could not, consistent with its duty, accept as final
the conclusion on that subject; or
(3) That the misconduct established warrants substantially different discipline in this state;
or
(4) That the attorney's conduct subject of discipline in another jurisdiction has been or is
currently under investigation by the board.
Where the Supreme Court determines that any of said elements exist, the Supreme Court shall
enter such other order as it deems appropriate.
Rule 16-54. SDCL 16-19-76. Notice to courts of suspension or disbarment--Order for protection
of clients. The clerk of the Supreme Court shall promptly transmit a certified copy of every order of
suspension or disbarment to all judges in this state, and the presiding judge of each judicial circuit
shall make such further order deemed necessary to fully protect the rights of the clients of the
suspended or disbarred attorney.
Rule 16-55. SDCL 16-19-77. Effective date of suspension or disbarment--New matters not to
be accepted--Winding up of pending business. Unless the Supreme Court shall otherwise order,
orders imposing suspension or disbarment shall be effective thirty days after entry. The disbarred or
suspended attorney, after entry of the order, shall not accept any new retainer or engage as an
attorney for another in any new case or legal matter of any nature. However, during the period from
the entry date of the order and its effective date the attorney may wind up and complete on behalf
of any client, all matters which were pending on the entry date.
Rule 16-56. SDCL 16-19-78. Notice to office clients of disbarment or suspension. A disbarred
or suspended attorney shall promptly notify, or cause to be notified, by certified mail, return receipt
requested, all clients being represented in pending matters, other than litigation or administrative
proceedings, of the attorney's disbarment or suspension and consequent inability to act as an attorney
after the effective date of the disbarment or suspension and shall advise such clients to seek legal
advice of the client's own choice elsewhere.
Rule 16-57. SDCL 16-19-79. Notice to opposing counsel and clients involved in litigation of
disbarment or suspension--Leave of court or agency to withdraw. A disbarred or suspended attorney
shall promptly notify, or cause to be notified, by certified mail, return receipt requested, each client
who is involved in pending litigation or administrative proceedings, and each attorney for an adverse
party in such cases, of the disbarment or suspension and the attorney's consequent inability to act as
an attorney after the effective date of the disbarment or suspension. The notice to be given to the
client shall advise the client of the desirability and importance of prompt substitution of another
attorney of the client's own choice.
In the event the client does not obtain substitute counsel before the effective date of the
disbarment or suspension, the disbarred or suspended attorney shall move in the court or agency in
which the proceeding is pending for leave to withdraw.
The notice to be given to the attorney or attorneys for an adverse party shall state the mailing
address and place of residence of the client of the disbarred or suspended attorney.
Rule 16-58. SDCL 16-19-80. Affidavit of compliance filed by disbarred or suspended attorney.
Within ten days after the effective date of disbarment or suspension the disbarred or suspended
attorney shall file with the Supreme Court an affidavit showing:
(1) That the attorney has fully complied with the provisions of the order and with this chapter;
and with
(2) All other state, federal, and administrative jurisdictions to which the attorney is admitted
to practice.
(3) Such affidavit shall also set forth the residence or other address of the disbarred or
suspended attorney where communications to the attorney may thereafter be directed.
Rule 16-59. SDCL 16-19-81. Record of compliance maintained by disbarred or suspended
attorney--Condition precedent to reinstatement. A disbarred or suspended attorney shall keep and
maintain records of the various steps taken under this chapter so that, in any subsequent proceeding,
proof of compliance with this chapter and with the disbarment or suspension order will be available.
Proof of compliance with this chapter is a condition precedent to any petition for reinstatement.
Rule 16-60. SDCL 16-19-82. Noncompliance by attorney as contempt. The failure of an attorney,
including an attorney who has been disbarred or suspended, to comply fully and promptly with any
of the provisions of this chapter or with any order or judgment entered in disciplinary proceedings
shall constitute contempt and shall be punishable as such by the Supreme Court.
Rule 16-61. SDCL 16-19-83. Reinstatement order required before resumption of practice--Time
of application--Waiting period after denial of reinstatement. No attorney suspended for more than
three months or disbarred may resume practice until reinstated by order of the Supreme Court. A
person who has been disbarred may not apply for reinstatement until the expiration of at least five
years from the effective date of the disbarment. No petition for reinstatement under § 16-19-87 may
be filed within one year following denial of a petition for reinstatement filed by or on behalf of the
same person. An attorney suspended or disbarred shall not be permitted to act as a legal assistant
except as provided by §§ 16-18-34.4 to 16-18-34.7, inclusive.
Rule 16-62. SDCL 16-19-84. Petition and hearing on reinstatement--Advance cost
deposit--Burden of proof. A petition for reinstatement by a disbarred or suspended attorney under
§ 16-19-87 may be filed with the secretary or designee of the board and shall be accompanied by a
deposit in an amount to be set by the board to cover prior proceedings and anticipated expenses of
the reinstatement proceeding. Upon receipt of the petition and the deposit the board shall promptly
schedule a hearing at which the petitioner shall have the burden of demonstrating by clear and
convincing evidence that the petitioner has the moral qualifications, competency and learning in law
required for admission to practice law in this state and that petitioner's resumption of the practice of
law within the state will not be detrimental to the integrity and standing of the bar or the
administration of justice, or subversive of the public interest.
Rule 16-63. SDCL 16-19-85. Participation by board counsel in hearing on
reinstatement--Appearance by and examination of petitioner. In all proceedings before the board
upon a petition for reinstatement, cross-examination of the witnesses and of the petitioner, and the
submission of evidence, if any, in opposition to the petition shall be conducted by the board's
counsel. Board members may inquire of the witnesses and of the petitioner into all matters required
by § 16-19-84 for petitioner's readmission. The petitioner shall be present in person at the hearing
and shall submit to such examination as the board deems proper.
Rule 16-64. SDCL 16-19-86. Board findings and recommendation on reinstatement--Placement
on Court calendar. After conducting a hearing on reinstatement, the board shall promptly file a report
with the Supreme Court containing its findings and recommendations, together with the record. The
Supreme Court shall then place the petition on the calendar for argument.
Rule 16-65. SDCL 16-19-87. Dismissal of petition or order of reinstatement--Conditions
imposed on petitioner. If the Supreme Court finds the petitioner for reinstatement unfit to resume
the practice of law, the petition shall be dismissed. If the Supreme Court finds the petitioner fit to
resume the practice of law, the Supreme Court shall enter a judgment of reinstatement. The judgment
may make reinstatement conditional upon:
(1) The payment of all or part of the expenses of the reinstatement and all prior proceedings;
and
(2) The making of partial or complete restitution to parties harmed by the misconduct which
led to petitioner's suspension or disbarment; and
(3) The furnishing of proof of competency as may be required in the discretion of the
Supreme Court, which proof may include certification by the bar examiners of petitioner's
successful completion of examinations for admission to practice after the suspension or
disbarment.
Rule 16-66. SDCL 16-19-100. Retention of files and records of disbarred, suspended, or
reinstated attorney. The board shall, unless otherwise ordered by the Supreme Court, retain its files
and records of any attorney who has been disbarred, suspended, placed on probationary status,
publicly censured, or who has been later reinstated after a prior discipline until such time as the
attorney dies, at which time the records may be expunged.
APPENDIX TO CHAPTER 16-19
SOUTH DAKOTA SUPREME COURT DISCIPLINARY RULES [SUPERSEDED]
RULES OF PROCEDURE OF THE DISCIPLINARY BOARD
OF THE STATE BAR OF SOUTH DAKOTA
Rule 16-67. These rules describe the usual procedures employed by the board in the discharge
of its duties to investigate complaints alleging attorney misconduct. However, procedures may vary
in individual cases according to the circumstances of the matter being investigated and the conduct
of the respondent attorney as the board may in its discretion determine to be appropriate. Questions
or requests for variance should be addressed to the member to whom a complaint has been assigned.
1. Each complaint received by the board secretary or designee that is not dismissed pursuant to
the provisions of § 16-19-44 shall be distributed to the members of the board and board counsel for
investigation and assigned by the secretary or designee to one member of the board who shall
administer the initial investigation. The secretary or designee shall:
(a) Acknowledge receipt and notify the complainant of the name and address of the board
member to whom the complaint has been assigned;
(b) Provide a copy of the complaint to the respondent attorney who is the subject of the
complaint along with the name and address of the assigned board member;
(c) Instruct the respondent attorney to respond in writing, not to exceed ten pages, to the
assigned board member within ten days along with nine copies of the response for
distribution; and
(d) Advise the complainant and the respondent attorney of the provisions of § 16-19-99
concerning confidentiality.
2. Upon receipt of the respondent attorney's written response the assigned board member shall
distribute copies to the board members and board counsel and shall mail a copy to the complainant
for a written reply.
3. The assigned member shall continue the investigation by mail or in person until the matter is
ready for board determination and may engage the assistance of board counsel.
4. The board may act on the complaint by mail or at a regular or special meeting as follows:
(a) Dismiss the complaint if the alleged facts do not constitute a violation of the rules
governing attorney conduct or the attorneys' oath. The board may, by a separate and
unanimous vote, expunge the respondent attorney's record of the dismissed complaint.
(b) Continue the investigation or take such further action with respect to the attorney's
conduct as the board deems appropriate.
5. In the event that the board deems it appropriate to have a hearing before the board concerning
the respondent attorney's alleged conduct, the hearing shall be conducted in the following manner:
(a) Notice shall be given to the respondent attorney by board counsel by certified mail, return
receipt requested, not less than ten days prior to the hearing and shall include a reference
to these rules and to the Rules of Professional Conduct.
(b) A transcript shall be kept by a court reporter.
(c) The chair or a member designated by the chair shall conduct the hearing with a quorum
of the board present.
(d) The chair shall advise the respondent attorney of the right to be heard, to offer witnesses,
to be represented by counsel and to have a record of the proceedings kept. The procedure
shall be as follows:
(1) The respondent attorney, after being sworn or the respondent's counsel may make
a statement and may examine the respondent attorney.
(2) Witnesses on behalf of the respondent attorney may testify after being sworn.
Witnesses will be first examined by respondent attorney or respondent's counsel
and thereafter by board counsel and members of the board.
(3) Respondent shall be examined by board counsel and board members.
(4) The complainant or other witnesses may be called and examined by board counsel
and members of the board with cross examination by respondent or respondent's
counsel.
(5) Respondent or respondent's counsel or both may make a closing statement subject
to such time limits as the board may require.
(6) The board shall consider the matter off the record and out of hearing of the
respondent and in closed session.
(e) The board may dismiss the complaint, caution or admonish the respondent attorney,
impose conditions on respondent attorney pursuant to § 16-19-60, impose a private
reprimand pursuant to § 16-19-61, or commence formal disciplinary proceedings pursuant
to § 16-19-67, et.seq.
(f) If the board's decision is within the purview of § 16-19-61 the respondent attorney may,
within ten days of receipt of the board's decision file written objections. The objections
will be considered by the board by means of written correspondence among the members
or at a special meeting if deemed appropriate.
(g) The board shall notify the respondent attorney by mail of changes, if any, in the findings
and recommendations made as a result of the objections.
(h) The board shall notify the complainant of the board's decision when it is final.
IT IS FURTHER ORDERED that these rules shall become effective July 1, 2016.
DATED at Pierre, South Dakota, this 29th day of March, 2016.
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End Included file Y:\LMDATA\SESSIONS\91-2016\SessionLaws\246.wpd