STATE AFFAIRS AND GOVERNMENT
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CHAPTER 1
(SJR 1)
Proposing an amendment to the Constitution.
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an
amendment to the Constitution of the State of South Dakota, relating to amendments to the
Constitution.
BE IT RESOLVED BY THE SENATE OF THE STATE OF SOUTH DAKOTA, THE HOUSE OF
REPRESENTATIVES CONCURRING THEREIN:
Section 1. That at the next general election held in the state, the following amendment to Article
XXIII, section 3 of the Constitution of the State of South Dakota, as set forth in section 2 of this
Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for
approval.
Section 2. That Article XXIII, section 3 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 3. Any constitutional amendment or revision must be submitted to the voters and shall become
a part of the Constitution only when approved by a majority not less than fifty-five percent of the
votes cast thereon on the amendment or revision. The Legislature may provide for the withdrawal
by its sponsors of an initiated amendment at any time prior to its submission to the voters.
Filed March 6, 2018
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CHAPTER 2
(HJR 1004)
Marsy's law revised.
A JOINT RESOLUTION, Proposing and submitting to the electors at the next election a
Constitutional amendment to revise certain provisions relating to the rights of crime victims.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH
DAKOTA, THE SENATE CONCURRING THEREIN:
Section 1. That at the next election held in the state, the following amendment to Article VI,
section 29 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint
Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.
Section 2. That Article VI, section 29 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 29. A victim shall have the following rights
, beginning at the time of victimization:
1. The right to due process and to be treated with fairness and respect for the victim's dignity;
2. The right to be free from intimidation, harassment and abuse;
3. The right to be reasonably protected from the accused and any person acting on behalf of the
accused;
4. The right to have the safety and welfare of the victim and the victim's family considered when
setting bail or making release decisions;
5. The right
, upon request, to prevent the disclosure
to the public, or the defendant or anyone
acting on behalf of the defendant in the criminal case, of information or records that could be used
to locate or harass the victim or the victim's family, or which could disclose confidential or
privileged information about the victim, and to be notified of any request for such information or
records
. This does not limit law enforcement from sharing information with the public for the
purposes of enlisting the public's help in solving a crime;
6. The right
, upon request, to privacy, which includes the right to refuse an interview, deposition
or other discovery request, and to set reasonable conditions on the conduct of any such interaction
to which the victim consents;
7. The right
, upon request, to reasonable, accurate and timely notice of, and to be present at, all
proceedings involving the criminal or delinquent conduct, including release, plea, sentencing,
adjudication and disposition, and any proceeding during which a right of the victim is implicated;
8. The right
, upon request, to be promptly notified of any release or escape of the accused;
9. The right to be heard in any proceeding involving release, plea, sentencing, adjudication,
disposition or parole, and any proceeding during which a right of the victim is implicated;
10. The right
, upon request, to confer with the attorney for the government;
11. The right to provide information regarding the impact of the offender's conduct on the victim
and the victim's family to the individual responsible for conducting any pre-sentence or disposition
investigation or compiling any pre-sentence investigation report or plan of disposition, and to have
any such information considered in any sentencing or disposition recommendations;
12. The right
, upon request, to receive a copy of any pre-sentence report or plan of disposition,
and any other report or record relevant to the exercise of a victim's right, except for those portions
made confidential by law;
13. The right
, upon request, to the prompt return of the victim's property when no longer needed
as evidence in the case;
14. The right to full and timely restitution in every case and from each offender for all losses
suffered by the victim as a result of the criminal conduct and as provided by law for all losses
suffered as a result of delinquent conduct
. All monies and property collected from any person who
has been ordered to make restitution shall be first applied to the restitution owed to the victim before
paying any amounts owed to the government;
15. The right to proceedings free from unreasonable delay, and to a prompt and final conclusion
of the case and any related post-judgment proceedings;
16. The right
, upon request, to be informed of the conviction, adjudication, sentence, disposition,
place and time of incarceration, detention or other disposition of the offender, any scheduled release
date of the offender, and the release of or the escape by the offender from custody;
17. The right
, upon request, to be informed in a timely manner of all post-judgment processes
and procedures, to participate in such processes and procedures, to provide information to the release
authority to be considered before any release decision is made, and to be notified of any release
decision regarding the offender. Any parole authority shall extend the right to be heard to any person
harmed by the offender;
18. The right
, upon request, to be informed in a timely manner of clemency and expungement
procedures, to provide information to the Governor, the court, any clemency board and other
authority in these procedures, and to have that information considered before a clemency or
expungement decision is made, and to be notified of such decision in advance of any release of the
offender; and
19. The right to be informed of these rights, and to be informed that a victim can seek the advice
of an attorney with respect to the victim's rights. This information shall be made available to the
general public and provided to each crime victim in what is referred to as a Marsy's Card.
The victim, the retained attorney of the victim, a lawful representative of the victim, or the
attorney for the government, upon request of the victim, may assert and seek enforcement of the
rights enumerated in this section and any other right afforded to a victim by law in any trial or
appellate court, or before any other authority with jurisdiction over the case, as a matter of right. The
court or other authority with jurisdiction shall act promptly on such a request, affording a remedy
by due course of law for the violation of any right and ensuring that victims' rights and interests are
protected in a manner no less vigorous than the protections afforded to criminal defendants and
children accused of delinquency. The reasons for any decision regarding the disposition of a victim's
right shall be clearly stated on the record.
The granting of these rights to any victim shall ensure the victim has a meaningful role
throughout the criminal and juvenile justice systems and may not be construed to deny or disparage
other rights possessed by victims.
All provisions of this section apply throughout criminal and
juvenile justice processes, are self-enabling and require no further action by the Legislature. The
Legislature, or the people by initiative or referendum, have the authority to enact substantive and
procedural laws to further define, implement, preserve, and protect the rights guaranteed to victims
by this section.
As used in this section, the term, victim, means a person
who suffers direct or threatened
physical, psychological, or financial harm as a result of the commission or attempted commission
of a crime or delinquent act or against whom
the a crime or delinquent act is committed.
The In the
case of a victim who is killed or incapacitated as a result of the crime or delinquent act, or who is
a minor, the term also includes any spouse, parent,
child, sibling, or as designated by the court,
grandparent,
child, sibling, grandchild, or guardian
, and any person with a relationship to the victim
that is substantially similar to a listed relationship, and includes a lawful representative of a victim
who is deceased, incompetent, a minor, or physically or mentally incapacitated. The term does not
include the accused or a person whom the court finds would not act in the best interests of a
deceased, incompetent, minor or incapacitated victim.
Nothing in this section or any law enacted under this section creates a cause of action for
damages against the state or any political subdivision of the state, or any officer, employee, or agent
of the state or of any political subdivision of the state.
Filed March 9, 2018
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CHAPTER 3
(HB 1162)
Appropriation to fund Mary's Law amendment
election for June primary.
ENTITLED, An Act to provide for the placement of a proposed constitutional amendment on the
ballot at a special election held at the same time as the next primary election, 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 proposed amendment to the Constitution contained in House Joint Resolution
1004 as previously adopted by the Ninety-third Legislature shall be on the ballot for consideration
at the primary election to be held on June 5, 2018.
Section 2. Notwithstanding § 12-13-1, the deadline for the secretary of state to deliver a certified
copy of the proposed amendment to the Constitution contained in House Joint Resolution 1004 as
previously adopted by the Ninety-third Legislature together with a statement, title, explanation, and
recitation of the effect of a "Yes" or "No" vote to be published preceding the text of the proposed
amendment is April 11, 2018.
Section 3. Notwithstanding § 12-13-9, the deadline for the attorney general to provide the
statement, title, explanation, and recitation of a "Yes" or "No" vote for the amendment contained in
House Joint Resolution 1004 as previously adopted by the Ninety-third Legislature shall be
March 27, 2018.
Section 4. Notwithstanding § 12-13-2, the deadline for county auditors to mail to each official
newspaper of the county a copy of the amendment contained in House Joint Resolution 1004 as
previously adopted by the Ninety-third Legislature shall be May 1, 2018.
Section 5. 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 Office of the Secretary of State
for the purposes of this Act.
Section 6. The secretary of state 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 9, 2018
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CHAPTER 4
(HJR 1006)
An amendment to the Constitution
relating to amending the Constitution.
A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an
amendment to the Constitution of the State of South Dakota, relating to amendments to the
Constitution.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH
DAKOTA, THE SENATE CONCURRING THEREIN:
Section 1. That at the next general election held in the state, the following amendment to Article
XXIII, section 1 of the Constitution of the State of South Dakota, as set forth in section 2 of this
Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for
approval.
Section 2. That Article XXIII, section 1 of the Constitution of the State of South Dakota, be
amended to read as follows:
§ 1. Amendments to this Constitution may be proposed by initiative or by a majority vote of all
members of each house of the Legislature. An amendment proposed by initiative shall require a
petition signed by qualified voters equal in number to at least ten percent of the total votes cast for
Governor in the last gubernatorial election. The petition containing the text of the proposed
amendment and the names and addresses of its sponsors shall be filed at least one year before the
next general election at which the proposed amendment is submitted to the voters. A proposed
amendment may amend one or more articles and related subject matter in other articles as necessary
to accomplish the objectives of the amendment; however, no proposed amendment may embrace
more than one subject. If more than one amendment is submitted at the same election, each
amendment shall be so prepared and distinguished that it can be voted upon separately.
Filed March 9, 2018
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CHAPTER 5
(SB 204)
Designate Peter Norbeck Day as a working holiday.
ENTITLED, An Act to create and designate Peter Norbeck Day as a working holiday.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 1-5 be amended by adding a NEW SECTION to read:
The twenty-seventh day of August, to be known as Peter Norbeck Day, shall be observed in this
state as a working holiday. Peter Norbeck Day is dedicated to the remembrance and recognition of
South Dakota's first native-born governor and the founder of Custer State Park, Peter Norbeck.
Signed March 21, 2018
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CHAPTER 6
(HB 1102)
The use and display of the great seal of South Dakota.
ENTITLED, An Act to revise certain provisions regarding the use and display of the great seal of
South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-6-1 be amended to read:
1-6-1. There is hereby adopted as the official colored seal of the State of South Dakota, a
reproduction of the seal, described in article XXI, section 1 of the Constitution of the State of South
Dakota, and made in conformity therewith but whose with the Constitution. The proportions and
colored detail are set out specifically in accord with an original painting of the great seal produced
by John G. Moisan of Fort Pierre and shall be the basis for all reproductions of the great seal of the
State of South Dakota. Any replica, facsimile, or reproduction of the state seal that is greater than
one inch in diameter and used for an official purpose or a for-profit commercial use shall be a
representation of the full and complete seal based upon S.D. Const., Art. XXI, § 1 and this section
and shall include the state motto "Under God The People Rule." These requirements do not infringe
upon or limit any artistic or satirical use of the seal. The secretary of state shall conduct an
investigation for any violation of this section. If the secretary of state confirms that a violation has
been committed, the secretary of state shall issue a cease and desist letter.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any use of the state seal by a state agency after July 1, 2018, shall comply with S.D. Const., Art.
XXI, § 1 and §§ 1-6-1 and 1-6-2. Any use of the seal existing prior to that date may continue to be
used.
Signed February 14, 2018
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CHAPTER 7
(SB 96)
Chislic.
ENTITLED, An Act to designate chislic as the official nosh of the State 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:
Chislic is hereby designated as the official nosh of South Dakota.
Signed March 8, 2018
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CHAPTER 8
(HB 1318)
The South Dakota Health and Educational Facilities Authority
may transfer or grant excess reserves to another entity.
ENTITLED, An Act to authorize the South Dakota Health and Educational Facilities Authority to
transfer or grant excess reserves to any South Dakota governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-16A-15 be amended to read:
1-16A-15. The authority shall have has the following powers together with all powers incidental
thereto or necessary for the performance thereof:
(1) To have perpetual succession as a body politic and corporate;
(2) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(3) To sue and be sued and to prosecute and defend, at law or in equity, in any court having
jurisdiction of the subject matter and of the parties;
(4) To have and to use a corporate seal and to alter the same at pleasure;
(5) To maintain an office at such place or places as it may designate;
(6) To do all things necessary and convenient to carry out the purposes of this chapter;
(7) To establish a minimum amount of cash and investment reserves; and
(8) To transfer or grant, or otherwise use, funds in excess of the minimum amount of reserves
to any South Dakota governmental entity to further any purpose of the authority, including
any purpose set forth in § 1-16A-1. This subdivision is repealed July 1, 2019.
Section 2. That chapter 1-16A be amended by adding a NEW SECTION to read:
Any determination of a minimum amount of cash and investment reserves and the existence of
excess funds available for transfer, grant, or use pursuant to subdivision 1-16A-15(7), shall be
evidenced by a resolution of the authority. In establishing the minimum amount of cash and
investment reserves the authority shall include in the minimum amount of cash and investment
reserves:
(1) Any funds that the authority determines are necessary for any expected operating expenses
of the authority; and
(2) Any funds that are pledged to or otherwise reserved for payment of any amounts in
respect of any issue of bonds or other obligations issued by the authority.
The authority may require further findings or procedures that the authority deems necessary or
appropriate regarding the establishment of a minimum amount of cash and investment reserves.
Signed March 9, 2018
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CHAPTER 9
(SB 18)
The South Dakota Board of Technical Education, revised.
ENTITLED, An Act to revise certain provisions regarding the South Dakota Board of Technical
Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-16A-95 be amended to read:
1-16A-95. The issuance of any additional bonds, notes, or other obligations of the authority
which that are payable out of receipts, rentals, and other payments made pursuant to lease purchase
agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake
Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Technical
Education under the authority of chapter 13-39A shall be approved by the Legislature before
issuance. The South Dakota Board of Technical Education board shall approve the issuance of
additional bonds, notes, or other obligations prior to issuance. The Legislature in accordance with
§§ 1-16A-93 and 1-16A-94 and applicable administrative rules shall consider the Department of
Education's board's analysis prior to authorizing any additional bonds, notes, or other obligations.
The requirement, however, for approval by the Legislature before issuance does not apply to the
issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other
obligations.
Section 2. That § 13-1-62 be amended to read:
13-1-62. The Board of Regents and the South Dakota Board of Technical Education Standards
shall each compile the information received pursuant to §§ 13-1-60 and 13-1-61 and provide it the
information to the Executive Board of the Legislative Research Council no later than November
fifteenth of each year.
Section 3. That § 13-55-9.4 be amended to read:
13-55-9.4. Any person desiring to avail himself of applying for the benefits of provided by § 13-55-9.2 shall make submit an application to the Board of Regents or the South Dakota Board of
Technical Education Standards therefor, and it shall be the duty of the. The respective boards to
board receiving the application shall determine whether such the person so applying is entitled to the
benefits of provided by § 13-55-9.2, at institutions under their an institution under the board's
respective jurisdiction or control, and to that end the boards are authorized and empowered to. Each
board may promulgate rules and regulations not inconsistent therewith in order to accomplish the
purposes of §§ 13-55-9.1 to 13-55-9.7, inclusive, pursuant to chapter 1-26, to establish the
application process and the process to determine an applicant's eligibility for the benefits.
Section 4. That § 13-48-40 be amended to read:
13-48-40. The Office of Attorney General, Division of Consumer Protection, shall review and
act on complaints any complaint, as such the term is defined by § 13-48-34, concerning
postsecondary institutions providing educational programs at physical locations in the state,
including, as necessary, requiring a postsecondary institution to cease its operations in the state. If
a complaint relates to a postsecondary institution controlled by the Board of Regents, the attorney
general shall refer the matter to the Board of Regents. If a complaint relates to a postsecondary
institution with oversight by the South Dakota Board of Technical Education, the attorney general
shall refer the matter to the South Dakota Board of Technical Education. In all other cases, the
attorney general shall refer the complaint to the institution and provide the institution with no less
than thirty days to respond to the matters set forth in the complaint, including an opportunity to
demonstrate any actions it the institution has taken or plans to take in response to the complaint, and
to consider whether the complainant has exhausted all available administrative remedies within the
institutions's policies and procedures. In administering the requirements of this section, the attorney
general may refer a complaint to an institution's accrediting agency for review and investigation, with
the accrediting agency providing a report of its the agency's investigation to the attorney general for
further disposition. In enforcing this chapter, the attorney general has all the enforcement powers,
authorities, and remedies provided by chapter 37-24.
Signed February 5, 2018
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CHAPTER 10
(SB 81)
The Building South Dakota fund and the programs revised.
ENTITLED, An Act to revise certain provisions regarding the building South Dakota fund and the
programs funded thereunder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-16G-47 be repealed.
Section 2. That § 1-16G-48 be repealed.
Section 3. That § 1-16G-49 be amended to read:
1-16G-49. Each department administering the funds received from § 1-16G-48 shall report
annually to the Government Operations and Audit Committee about the operations and results of the
building South Dakota fund programs.
Section 4. That § 4-7-42 be repealed.
Section 5. That § 4-7-43 be repealed.
Section 6. That § 4-7-44 be repealed.
Section 7. That § 1-16G-47.1 be amended to read:
1-16G-47.1. Before the transfer of money to any fund under § 1-16G-48, the The commissioner
of the Bureau of Finance and Management Governor's Office of Economic Development shall
authorize and disburse money from the building South Dakota fund programs provided under §§ 1-16G-50 and 1-16G-51 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 the local infrastructure
improvement grant 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 the local infrastructure
improvement grant program. The administrative expenses are limited to the salary and
benefits of any personnel directly responsible for the administration of the programs.
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 provide grants for the purposes of providing secondary career and technical
education programs; and
(3) Provide one-time funding to the Department of Education for one-time education
enhancement programs that are defined annually and approved by the Legislature.
Any general funds appropriated to the workforce education program shall be transferred into the
workforce education fund. 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. Beginning
in fiscal year 2017, money from the workforce education fund shall be disbursed as follows:
(1) Two million five hundred thousand dollars shall be distributed to fund new and existing
secondary career and technical education programs of which. In any fiscal year, up to 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 after the distribution in subdivision (1) is made shall
be allocated to the Department of Education for one-time education enhancement
programs that are defined annually and approved by the Legislature.
Section 10. That § 1-16G-50 be amended to read:
1-16G-50. There is hereby created in the state treasury the local infrastructure improvement grant
fund. The Board of Economic Development may award grants to any political subdivision of this
state, tribal government, or local development corporation from the fund to construct or reconstruct
infrastructure for the purpose of serving an economic development project. The board shall consult
state agencies to evaluate the feasibility and merits of the proposed infrastructure improvements. The
board shall consider the funding mechanisms available to and utilized by the applicant when making
a decision to award a grant. Any general funds appropriated to the local infrastructure improvement
program shall be transferred into the local infrastructure improvement grant fund. Interest earned on
money in the fund shall be deposited into the fund. Any money in the local infrastructure
improvement grant fund is continuously appropriated. Any money deposited into and distributed
from the fund shall be set forth in an informational budget as described in § 4-7-7.2.
Section 11. That § 1-16G-51 be amended to read:
1-16G-51. There is hereby created in the state treasury the economic development partnership
fund. The Board of Economic Development may award grants to any nonprofit development
corporation, tribal government, municipality, county, or other political subdivision of this state from
the fund on a matching basis as provided in §§ 1-16G-52 and 1-16G-53. Interest earned on money
in the fund shall be deposited into the fund. Any money in the economic development partnership
fund is continuously appropriated. Any money deposited into and distributed from the fund shall be
set forth in an informational budget as described in § 4-7-7.2.
Section 12. That § 11-13-2 be amended to read:
11-13-2. There is hereby created the South Dakota housing opportunity fund to be administered
by the South Dakota Housing Development Authority for the purpose of preserving and expanding
sustainable, affordable, and safe housing that is targeted to low and moderate income families and
individuals in South Dakota. The authority may accept and expend for the purposes of this chapter
any funds obtained from appropriations or any other source. Any money in the South Dakota housing
opportunity 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. Any general funds
appropriated to the housing opportunity program shall be transferred into the housing opportunity
fund. Disbursement of funds to the authority shall be made after South Dakota housing opportunity
funds have been obligated by the oversight commission created pursuant to § 11-13-8. Interest
earned on money in the fund shall be deposited into the fund.
Section 13. That § 11-13-8 be amended to read:
11-13-8. Awards from the fund shall be made through a competitive process during an
application cycle each year process. 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 is encouraged to leverage the money for any project or program with other
public and private dollars. Any program income or loan payments received shall be deposited into
the account held by the South Dakota Housing Authority.
Section 14. That § 1-7-10 be amended to read:
1-7-10. There is hereby established in the state treasury a private activity bond fees fund. Any
receipts or revenues into this fund are to be expended only if recommended by the Governor and
approved by majority vote of the special committee created in chapter 4-8A or appropriated by an
act of the Legislature. Each year, the fees from the private activity bond fees fund shall be transferred
to the South Dakota housing opportunity fund. All money in the fund shall be expended in
accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the
Governor.
Signed March 21, 2018
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CHAPTER 11
(SB 40)
Surplus real estate transferred
to the Ellsworth Development Authority.
ENTITLED, An Act to authorize the transfer of certain surplus real estate in Rapid City to the
Ellsworth Development Authority 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:
The Commissioner of School and Public Lands shall transfer to the Ellsworth Development
Authority all or any portion of the following real estate and any related personal property and
improvements located on the property:
Certain property described generally as Tract B in the Northeast Quarter of the Southeast
Quarter and in the Southeast Quarter of the Southeast Quarter of Section 5, Township 1
North, Range 8 East of the Black Hills Meridian, City of Rapid City, Pennington County,
South Dakota.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any real estate and related personal property and improvements on the property which are
generally considered a part of the tracts described in this Act but not specifically included in the legal
description set out in this Act may be transferred as provided in this Act as though the property and
improvements were specifically described in this Act.
Section 3. That the code be amended by adding a NEW SECTION to read:
Any transfer pursuant to this Act is subject to approval by the Governor and subject to all
applicable constitutional reservations.
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 5, 2018
_______________
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CHAPTER 12
(HB 1018)
State agencies and the employment of public employees,
references revised.
ENTITLED, An Act to update and revise certain references and provisions regarding state agencies
and the employment of certain public employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-18B-3 be amended to read:
1-18B-3. The secretary of education may, in accordance with the provisions of chapter 3-6A and
within available appropriations, employ and compensate such personnel as it shall deem desirable
and, pursuant to chapter 3-6D, as the secretary deems necessary and provide such supplies and
equipment as may be necessary.
Section 2. That § 1-45-6.6 be repealed.
Section 3. That subdivision (12) of § 2-14-2 be amended to read:
(12) "Full-time equivalent" or "FTE," a number which that designates staffing level where one
full-time equivalent position is equal to the number of days, Monday through Friday, in
a fiscal year, multiplied by eight hours per day. It The term excludes: paid overtime hours;
hours paid to an employee assigned to a light duty position as approved by the
commissioner of the Bureau of Human Resources due to a temporary partial disability as
defined in subdivision 62-1-1(8); hours paid for accumulated annual leave and sick leave
upon employee termination; hours paid to patient employees of the institutions under the
control of the Department of Human Services or the Department of Social Services and
the Department of Veterans Affairs; hours paid to work-study students enrolled in
postsecondary educational institutions or postsecondary students employed pursuant to
chapter 3-6B § 1-33-10.1; hours paid to students enrolled in and employed by
postsecondary educational institutions; and hours paid to members of boards and
commissions pursuant to § 4-7-10.4. For purposes of salary computation a nine month or
more per year full-time teaching or research faculty person, or the equivalent thereof, at
the institutions under the jurisdiction of the Board of Regents shall be considered one full-time equivalent;
Section 4. That § 3-6D-15 be amended to read:
3-6D-15. If a grievance remains unresolved after exhaustion of a departmental grievance
procedure, an employee may demand a hearing before the Civil Service Commission as provided for
in contested cases in chapter 1-26; and. The proceedings shall be held as provided in chapter 1-26.
The Civil Service Commission commission shall provide notice of the hearing within thirty calendar
days of an employee's request for a hearing. The commission shall conduct a hearing within thirty
calendar days of the notice of the hearing unless the hearing is continued for good cause or unless
the commission determines, upon the motion of any party, that the pleadings, depositions, answers
to interrogatories, and admissions on file, together with the affidavits, if any, show that a grievance,
defense, or claim presents no genuine issue as to any material fact and a party is entitled to a
judgment as a matter of law. The commission, upon the motion of any party, may dispose of any
grievance, defense, or claim at the close of the evidence offered by the proponent of the grievance,
defense, or claim if it the commission determines that the evidence offered by the proponent of the
grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim. The
commissioner shall schedule the hearing to ensure compliance with the time frames provided in this
section. If the grievant agrees, the commissioner may appoint a hearing examiner as authorized in
§ 1-26-18.1 § 1-26-18.3.
Any final action or decision may be appealed pursuant to chapter 1-26.
Section 5. That § 3-18-15.2 be amended to read:
3-18-15.2. If, after following the grievance procedure enacted by the governing body, the
grievance remains unresolved, except in cases provided for in § 3-6A-38 § 3-6D-15, it the grievance
may be appealed to the Department of Labor and Regulation, if notice of appeal is filed by filing an
appeal with the department within thirty days after the final decision by the governing body is mailed
or delivered to the employee. The Department of Labor and Regulation department shall conduct an
investigation and hearing and shall issue an order covering the points raised, which order is binding
on the employees employee and the governmental agency. However, the department, upon the
motion of any party, may dispose of any grievance, defense, or claim:
(1) If the pleadings, depositions, answers to interrogatories, and admissions on file, together
with the affidavits, if any, show that there is no genuine issue as to any material fact and
a party is entitled to a judgment as a matter of law; or
(2) At the close of the evidence offered by the proponent of the grievance, defense, or claim
if it the department determines that the evidence offered by the proponent of the
grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or
claim.
Nothing in this section
may be interpreted as giving gives the department power to grant tenure
or promotion to a faculty member employed by the Board of Regents.
Section 6. That § 13-47-1 be amended to read:
13-47-1. There is created the South Dakota Board of Directors for Educational
Telecommunications, which shall consist of the commissioner of information and
telecommunications or an authorized representative, the executive director of the Board of Regents
or an authorized representative, a representative of the Bureau of Information and
Telecommunications selected by the secretary commissioner, and six others appointed by the
Governor. At least one of the appointive members shall be representative of the nonpublic
institutions of higher education in the state. The terms of the appointive members of the board shall
be for a period of three years, two terms expiring each year. Not more than four of the appointive
members may be from the same political party.
Section 7. That § 13-47-4 be amended to read:
13-47-4. The commissioner of information and telecommunications is hereby empowered and
authorized to may employ such clerical help and assistants as may be necessary for the educational
telecommunications office, subject to chapter 3-6A, and the 3-6D. The board is hereby empowered
and authorized to may purchase such supplies and equipment as may be deemed necessary.
Section 8. That § 23-3-7 be amended to read:
23-3-7. The attorney general shall have authority to may employ such personnel as he may
require the attorney general requires to perform the duties of the Division of Criminal Investigation.
Such The personnel, other than the chief agent, shall be selected from those the persons so classified
as eligible in pursuance to § 3-7-6, pursuant to § 3-6D-10 and shall be compensated for their services
as provided in § 3-7-7 pursuant to § 3-6D-11.
Section 9. That § 24-15-14 be amended to read:
24-15-14. The Department of Corrections shall exercise supervision over all paroled prisoners,
and shall, subject to chapter 3-6A,. The secretary of corrections shall employ or appoint such officers
and employees, pursuant to chapter 3-6D, as may be necessary to accomplish the proper supervision
of parolees, persons on parole under a suspended sentence, and inmates on work release or house
arrest.
Section 10. That § 28-9-27 be amended to read:
28-9-27. The director of rehabilitation services shall employ, in accordance with chapter 3-6A,
such 3-6D, personnel as he the director deems necessary for the efficient performance of the Division
of Rehabilitation Services.
Section 11. That § 28-10-6 be amended to read:
28-10-6. The director of service to the blind and visually impaired shall employ, in accordance
with chapter 3-6A such pursuant to chapter 3-6D, personnel as he the director deems necessary for
the efficient performance of the Division of Service to the Blind and Visually Impaired.
Section 12. That § 32-2-3 be amended to read:
32-2-3. The Department of Public Safety shall establish an adequate highway patrol by the
employment of such full-time employees as it deems adequate, which. The employees shall be
known and commissioned as agents of the Division of Highway Patrol. Such Each full-time
employees shall be employee is required to pass suitable examinations and are is subject to all of the
provisions contained in this chapter and chapter 3-7 3-6D pertaining to qualifications of such
employees the employee.
Section 13. That § 34-1-9 be amended to read:
34-1-9. The secretary of health shall establish such divisions as may be necessary for the proper
functioning of the State Department of Health and shall appoint all personnel necessary in the
operation of the department in accordance with pursuant to chapter 3-6A 3-6D.
Section 14. That § 34-48A-4 be amended to read:
34-48A-4. The secretary of public safety may employ such technical, clerical, stenographic, and
other personnel pursuant to chapter 3-6A, and 3-6D. The secretary may make expenditures from the
appropriation therefor, or from other funds made available to him the secretary for purposes of
emergency management, as may be necessary to carry out the purposes of this chapter.
Section 15. That § 36-11-63 be amended to read:
36-11-63. All fees shall be paid to the secretary of the State Board of Pharmacy, and out. Out of
the funds so collected the board may, in conformity with pursuant to chapter 3-6A 3-6D, employ
such agents, inspectors, and clerical assistance and pay such expenses as may be necessary for the
enforcement of the provisions of this chapter.
Section 16. That § 36-19-7 be amended to read:
36-19-7. The State Board of Funeral Service may, in accordance with pursuant to chapter 3-6A
3-6D, determine the compensation of the secretary and such other assistants as may be necessary to
carry out the provisions of this chapter, and of the any rules and regulations adopted promulgated
under it, and this chapter. The board may incur such other expenses as may be necessary. The
compensation of the members and the other expenses of the board shall be paid out of the fees
received from applicants and licensees.
Section 17. That § 36-24-9.1 be amended to read:
36-24-9.1. Board members Each board member shall receive a per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.
In accordance with chapter 3-6A, the The board, pursuant to chapter 3-6D, may hire office personnel
necessary to carry on its perform the board's official duties.
Section 18. That § 36-26-2 be amended to read:
36-26-2. Since the profession of social work profoundly affects the lives of the people of this
state, it is the purpose of this chapter to protect the public by setting standards of qualification,
education, training, and experience for
those who seek to engage each person engaging in the
practice of social work and to promote high standards of professional performance for
those any
person engaged in the profession of social work
except that. However, the provisions of this chapter
shall do not apply to
employees any employee of state government who
are is covered by the
provisions of chapter
3-6A 3-6D.
Section 19. That § 36-26-8 be amended to read:
36-26-8. The board members Each board member shall receive per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in their the
board's official duties. The secretary-treasurer shall be paid such additional compensation for his the
secretary-treasurer's services as shall be unanimously agreed to by the full board membership. In
accordance with chapter 3-6A, the The board shall have authority to, pursuant to chapter 3-6D, may
hire office personnel deemed necessary by it the board for carrying on its the board's official duties
and shall set the compensation to be paid said the personnel.
Section 20. That § 36-32-7 be amended to read:
36-32-7. The board members Each board member shall receive per diem set pursuant to § 4-7-10.4 and expenses at the same rate as other state employees while actually engaged in official duties.
The board may either hire, in accordance with pursuant to chapter 3-6A 3-6D, office personnel or
may enter into a contractual agreement to carry on its the board's official duties.
Section 21. That § 40-3-7 be amended to read:
40-3-7. The compensation and duties of the executive secretary and other assistants and
employees of the Animal Industry Board shall be fixed by the board in accordance with pursuant to
chapter 3-6A 3-6D. The members of the board Each board member shall receive as compensation
for their the board's services the amount provided by law for each day necessarily employed in the
performance of their the board's duties and such compensation and the expenses of members,
secretaries, assistants, and employees, necessarily incurred in performance of public duty shall be
paid from public funds.
Section 22. That § 40-18-9 be amended to read:
40-18-9. The board may in accordance with, pursuant to chapter 3-6A 3-6D, employ such
persons as it may consider the board deems necessary to properly carry out the provisions of chapters
40-18 to 40-22, inclusive, and chapter 40-29, under the supervision and control of the board, and.
The board may fix the salaries and compensation of such the persons employed and may make such
expenditures as are necessary properly to carry out the provisions of chapters 40-18 to 40-22,
inclusive, and chapter 40-29.
Section 23. That § 41-2-11 be amended to read:
41-2-11. The Department of Game, Fish and Parks may employ an adequate force of
conservation officers to enforce the provisions of this title. Conservation officers Each conservation
officer shall meet requirements as to education and training of law enforcement officers provided
pursuant to chapter 23-3. The provisions of chapter 3-6A 3-6D apply to each conservation officers
so employed officer.
Section 24. That § 51A-2-6 be amended to read:
51A-2-6. The division may employ such examiners and special examiners, legal counsel, clerks,
stenographers and such other aides as it may deem deemed necessary to assist the director in the
performance of his the director's duties. The division shall fix the compensation of each employee
and may dismiss any employee not subject to the provisions of chapter 3-6A 3-6D at will.
Each person hired by the Division of Banking, in any capacity, shall agree to submit to a
background investigation, by means of fingerprint checks by the Division of Criminal Investigation
and the Federal Bureau of Investigation. The division 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 from the background investigation. The
division may, without liability, withdraw its offer of employment or terminate the temporary
employment without notice if the report reveals that the person has been convicted of any financial
crime, or any crime that otherwise reveals circumstances that reasonably suggest that the person
should not be employed by the division.
Signed February 22, 2018
_______________
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CHAPTER 13
(HB 1037)
The South Dakota State Fair.
ENTITLED, An Act to revise certain provisions regarding the South Dakota State Fair.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-21-6 be amended to read:
1-21-6. The secretary of agriculture has supervision and control of the state fairgrounds
throughout the year, the holding of an annual fair on the fairgrounds, the collection of exhibits for
the fair and the promotion of agriculture, horticulture, manufacturing, and the domestic arts.
Section 2. That § 1-21-9 be amended to read:
1-21-9. The secretary of agriculture shall hold one state fair each year upon on the grounds
provided for such purposes by the state at in the city of Huron.
The term, fair, as used in this chapter means a bona fide exhibit of
the four principal classes of
livestock
and of poultry, together with; mineral, agricultural, and horticultural products
,; machinery
,;
mechanical
,; and fine arts.
Section 3. That § 1-21-10 be amended to read:
1-21-10. The Department of Agriculture may hold a state fairs fair and other activities at in the
city of Huron at such times as it may determine. The secretary of agriculture may promulgate rules
pursuant to chapter 1-26 concerning:
(1) Traffic and camping regulation;
(2) Advertising on the fairgrounds;
(3) Admission policies;
(4) Employee policies;
(5) Exhibitor policies;
(6) Maintenance responsibilities;
(7) Entry requirements;
(8) Department superintendent duties;
(9) Health and heredity requirements for animals;
(10) The provision of feed and forage;
(11) Administration of stalls;
(12) Judges and judging;
(13) Protests and appeals;
(14) Premiums and awards;
(15) Space rental provisions and requirements;
(16) The establishment of opening and closing dates;
(17) The establishment and collection of fees for admission, parking, camping, entry, and
exhibits, solicitation booths, and commercial exhibits; and
(18) Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities when
the state fair is not in progress.
The department may collect exhibits, offer and pay premiums, fix the terms and times of
admission to the grandstand and outside gate, appoint judges, employ personnel, and do any act
necessary in the conduct of the state fairs and other activities. The department may adopt special
rules governing specific premiums, awards, entry, and exhibit requirements and related policies
pursuant to subdivision 1-26-1(8) within the scope of the general rules authorized pursuant to this
section.
Signed February 5, 2018
_______________
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CHAPTER 14
(HB 1172)
Meeting requirements of certain public bodies.
ENTITLED, An Act to revise certain provisions regarding meetings of certain public bodies.
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 that 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.
The chair of the public body shall reserve at every official meeting by the public body a period
for public comment, limited at the chair's discretion, but not so limited as to provide for no public
comment.
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.
Signed March 22, 2018
_______________
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CHAPTER 15
(SB 212)
Bureau of Information and Telecommunications
assistance to schools.
ENTITLED, An Act to revise certain provisions regarding the Bureau of Information and
Telecommunications assistance to schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-33-43 be amended to read:
1-33-43. The Bureau of Information and Telecommunications shall perform functions to include,
but not be limited to:
(1) Providing technical and management assistance to state agencies and institutions as to
systems or methods to be used to meet information and communication requirements
efficiently and effectively;
(2) Developing and proposing operational technical standards for the state information
systems which will ensure the interconnection of computer networks and information of
state agencies;
(3) Purchasing from, or contracting with, suppliers and communications common carriers for
communications facilities or services;
(4) Cooperating with any federal, state, or local emergency management agency in providing
for emergency communication and information services;
(5) Providing, where deemed feasible, a means whereby local governmental agencies, the
association authorized by § 13-8-10.1, and the school administrators of South Dakota may
utilize the state communication and information systems and service; and
(6) In cooperation with the appropriate state agencies, plan, design, and conduct experiments
in information services, equipment, and technology, and to implement enhancements in
the state information system; and
(7) Providing, where deemed feasible, any tribally controlled school or Bureau of Indian
Education school a means to utilize the state communication and information systems and
service at the school's expense and purchase bandwidth at the same rate as other agencies
listed in this chapter.
Signed March 9, 2018
_______________
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CHAPTER 16
(SB 17)
The Division of Adult Services and Supports.
ENTITLED, An Act to revise certain provisions regarding a division under the Department of
Human Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-36-36 be amended to read:
1-36-36. Each person hired by the Department of Social Services to serve as a social service aide,
family services specialist, family services specialist supervisor, and regional manager in the Division
of Child Protection Services or by the Department of Human Services as a home health aide, adult
services and aging long term services and supports specialist, social services long term services and
supports supervisor, and regional manager in the Division of Adult Services and Aging Long Term
Services and Supports 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
department 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 department may, without liability,
withdraw its offer of employment or terminate the temporary employment without notice if the report
reveals a disqualifying record. Any person whose employment is subject to the requirements of this
section shall pay any fees charged for the criminal record check.
Section 2. That § 1-36A-1.3 be amended to read:
1-36A-1.3. The Department of Human Services shall consist of the following agencies:
(1) The Division of Developmental Disabilities;
(2) South Dakota Developmental Center--Redfield;
(3) The Division of Rehabilitation Services;
(4) The Division of Service to the Blind and Visually Impaired; and
(5) The Division of Adult Services and Aging Long Term Services and Supports.
Signed February 5, 2018
_______________
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CHAPTER 17
(SB 60)
Revised administrative rule-making authority
for the Department of Human Services.
ENTITLED, An Act to revise the administrative rule-making authority for the Department of Human
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-36A-26 be amended to read:
1-36A-26. The secretary may promulgate reasonable and necessary rules, pursuant to chapter 1-26, for the administration and operation of the program for adults and the elderly relating to the
following areas:
(1) Services to enable recipients to remain in their own home and services to older persons
in institutional and noninstitutional care;
(2) Legal services;
(3) Transportation services;
(4) Nutrition services;
(5) Information and referral services to help the elderly gain access to programs for their
benefit;
(6) Eligibility for services;
(7) Amount, scope, and duration of services;
(8) The basis of payment to and the qualifications for providers of services;
(9) Administration of public grants, record keeping, and audit requirements;
(10) Requirements to obtain federal financial participation and ensure efficient operation and
administration of the program;
(11) Adult protective services;
(12) Ombudsman services; and
(13) Payments for elderly, blind, and disabled persons residing in adult foster care or assisted
living centers the person's own home or in an institutional or noninstitutional setting; and
(14) Preadmission Screening/Annual Resident Review (PASARR) as defined in § 27B-1-17.
Signed February 8, 2018
_______________
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CHAPTER 18
(SB 89)
Term limits for members of the Board of Education Standards.
ENTITLED, An Act to establish term limits for members of the Board of Education Standards.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-45-6.1 be amended to read:
1-45-6.1. There is created within the Department of Education the South Dakota Board of
Education Standards. The South Dakota Board of Education Standards shall consist of seven
members. The members shall be appointed by the Governor with the advice and consent of the
Senate. The terms of office for each member shall be four years and shall terminate December thirty-first of the fourth year. No member appointed after July 1, 2018, and without any previous service
on the board, may serve more than three consecutive terms. However, after serving three consecutive
terms, a member may be reappointed after at least two years have passed since the expiration of the
member's last term. Any partial term to fill a vacancy on the board may not count against the three-term limit.
Signed March 8, 2018
_______________
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CHAPTER 19
(HB 1166)
Waiver authority revised for recommendations
by the School Finance Accountability Board.
ENTITLED, An Act to revise certain provisions regarding waivers recommended by the School
Finance Accountability Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 1-45-38 be amended to read:
1-45-38. 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 § 13-13-73.5 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 § 13-13-73.6
be waived, in whole or in part, if the district can demonstrate that its failure to comply with § 13-13-73.6 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 § 13-13-73.6, 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 The Joint Committee on Appropriations or the Interim Committee on Appropriations shall
review any waivers of § 13-13-73.5 or 13-13-73.6 recommended by the School Finance
Accountability Board
must be approved by the Joint Committee on Appropriations or the Interim
Committee on Appropriations.
For a waiver recommended by the board under this section, the
committee may provide any suggested change to the waiver. Not more than thirty days following
receipt of a suggested change from the committee, the board may amend the recommended waiver
in accordance with the suggested change and shall resubmit the recommended waiver. The Joint
Committee on Appropriations or the Interim Committee on Appropriations shall approve, amend,
or deny any waiver recommended by the board. The Department of Education shall annually report
to the Governor and the Legislature the information collected pursuant to §§ 13-8-47 and 13-13-73.6.
Signed March 23, 2018
_______________
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CHAPTER 20
(SB 76)
Department of Tribal Relations
to assist with the Help America Vote Act.
ENTITLED, An Act to revise certain provisions regarding voter registration.
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 Department of Tribal Relations, in off-election years, shall in cooperation with the secretary
of state, counties, and tribes assist with the Help America Vote Act and assist with election grants,
education, and satellite-voting center locations on Indian reservations.
Certified March 26, 2018.
CODE COUNSEL NOTE: This bill was certified in accordance with section 4 of Article
4 of the Constitution of the State of South Dakota.
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LEGISLATURE AND STATUTES
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CHAPTER 21
(HB 1177)
The circulation of a petition for an initiated measure.
ENTITLED, An Act to revise certain provisions relating to the circulation of a petition for an
initiated measure.
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 name and address of each petition 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;
any fiscal note prepared pursuant to § 2-9-31; the name, phone number, and email address of each
petition sponsor;
the name, phone number, and email address of the petition circulator; 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 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 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 name and address of each petition 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; any fiscal note
prepared pursuant to § 2-9-31; the name, phone number, and email address of each petition sponsor;
the name, phone number, and email address of the petition circulator; 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 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 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 § 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; any fiscal note or summary of a fiscal note obtained pursuant to § 2-9-32;
the name, phone number, and email address of each petition sponsor;
the name, phone number, and
email address of the petition circulator; 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.
Signed March 23, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\022.wpd
CHAPTER 22
(HB 1196)
Verification of residency of petition circulators.
ENTITLED, An Act to revise certain provisions regarding verification of residency of petition
circulators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-1.3 be amended to read:
2-1-1.3. 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 the same as the term is defined under
§ 12-1-3;
(2) "Petition sponsor," any person who proposes the placement of a statewide ballot measure
on the ballot.
Section 2. 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)(5) "Electronic pollbook," an electronic system containing both the registration list and
pollbook;
(5)(6) "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;
(5A)(7) "Paid circulator," any person who receives money or anything of value for
collecting signatures for a petition;
(6)(8) "Party office," an office of a political party organization as distinct from a public office;
(7)(9) "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)(10) "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)(11) "Petition circulator," a resident of the State of South Dakota as defined under § 12-1-4, 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)(12) "Political party," a party whose candidate for any statewide office at the last
preceding general election received at least two and one-half percent of the total
votes cast for that statewide office;
(10A)(13) "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)(14) "Polling place," a designated place voters may go to vote;
(11)(15) "Primary" or "primary election," an election held at which candidates are
nominated for public office;
(12)(16) "Public office," an elected position in government;
(12A)(17) "Registration list," a list of eligible voters;
(13)(18) "Registered mail," does not include certified mail;
(14)(19) "Registration officials," the county auditor and deputies and other persons
authorized to assist in registration pursuant to chapter 12-4;
(14A)(20) "Vote center," a polling place when the precinct has been defined as the entire
jurisdiction and an electronic pollbook is utilized;
(15)(21) "Voter," a person duly registered to vote or one who is performing the act of
voting;
(16)(22) "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)(23) "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)(24) "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 3. 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 name and address of each petition 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;
any fiscal note prepared pursuant to § 2-9-31; 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 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
notarized sworn affidavit
form, signed by at least two-thirds of the petition sponsors,
containing information required for each petition circulator as
required under section 6 of this Act and 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 4. 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 name and address of each petition 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; any fiscal note
prepared pursuant to § 2-9-31; 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 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 notarized sworn affidavit form, signed by at least two-thirds of the petition sponsors,
containing information required for each petition circulator as required under section 6 of this Act
and 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 5. 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,
containing information required for each petition circulator as required under
section 6 of this Act and 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; any fiscal note or summary of a fiscal note obtained pursuant to § 2-9-32;
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 6. That chapter 2-1 be amended by adding a NEW SECTION to read:
A sworn affidavit filed with the secretary of state pursuant to § 2-1-1.1, 2-1-1.2, or 2-1-3.1 shall
include information attesting to residency as defined in § 12-1-4 of each petition circulator. The
following information shall be included in the affidavit:
(1) Current state in which the petition circulator is licensed to drive, driver license number,
and expiration date;
(2) Current state of voter registration;
(3) Length of time at current physical street address and previous two addresses, and whether
the prior addresses were located in South Dakota;
(4) A sworn statement by the petition circulator indicating the circulator's intention to stay
in the state after the petition circulation deadline;
(5) Any other information relevant to indicate residency, including a library card or utility
bill;
(6) Whether the petition circulator pays in-state tuition at any public postsecondary
educational institution, if applicable; and
(7) Whether the petition circulator obtains any resident hunting or resident fishing license of
any kind, if applicable.
The information included in the affidavit are factors in determining residency but are not
determinative. The contents under this section of any affidavit filed with the secretary of state shall
be held confidential by the secretary of state, and the secretary of state may release the contents only
to an interested person for purposes of § 2-1-18 and to the attorney general. Failure to substantially
comply with the provisions of this section shall disqualify the petitions from a petition circulator not
in substantial compliance with this section from being considered.
Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:
If any petition sponsor, or any person or entity compensated by the petition sponsor or a ballot
question committee for purposes of petition circulation, knowingly or with reckless disregard
commits multiple violations of the law regarding petition circulation, residency of a petition
circulator, or campaign finance regulation, the petition sponsor, person, or entity, including any
person serving as a member of the board or as an officer of the entity, is prohibited from being a
petition sponsor or petition circulator, and from performing any work for any ballot question
committee for a period of four years in addition to any other penalty imposed under state or federal
law. Any violation of the provisions of this section shall also result in a civil penalty of up to five
thousand dollars to be deposited into the state general fund.
Section 8. That § 2-1-10 be amended to read:
2-1-10. Each person, who circulates and secures signatures to Before filing a petition to initiate
a constitutional amendment or other an amendment to the Constitution, initiated measure, or to refer
legislation to the electors, shall sign a verification before filing the petition referred law with the
officer in whose office it the petition is by law required to be filed. The verification shall prescribe,
each petition circulator shall sign a verification attesting that the circulator personally circulated the
petition and is not attesting to any signature obtained by any other person, that the petition circulator
is a resident of South Dakota, that the circulator made reasonable inquiry and, to the best of the
circulator's knowledge, each person signing the petition is a qualified voter of the state in the county
indicated on the signature line and that no state statute regarding the circulation of petitions was
knowingly violated. The State Board of Elections shall prescribe the form for the verification. The
verification shall be complete and the affixing of the circulator's signature on the verification shall
be witnessed and notarized by a notary public commissioned in South Dakota or other officer
authorized to administer oaths pursuant to § 18-3-1. Any person who falsely swears attests to the
verification provided for in under this section is guilty of a Class 1 misdemeanor.
Signed March 23, 2018
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CHAPTER 23
(HB 1007)
Initiated measure may embrace only one subject.
ENTITLED, An Act to require any initiated measure to embrace only one subject.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 2-1 be amended by adding a NEW SECTION to read:
No initiated measure may embrace more than one subject, which shall be expressed in the title.
Signed March 9, 2018
_______________
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CHAPTER 24
(HB 1304)
Challenges to petition signatures.
ENTITLED, An Act to revise certain provisions regarding challenges to petition signatures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-1-17.1 be amended to read:
2-1-17.1. Within Not more than thirty days after a statewide petition for an initiated
constitutional amendment to the Constitution, initiated measure, or referendum referred law has been
validated and filed, any interested person who has researched the signatures contained on the petition
may submit an a sworn affidavit to the Office of Secretary of State to challenge the petition. The
sworn affidavit shall include an itemized listing of each specific deficiency in question. Any
challenge to the following items is prohibited under this challenge process other than the following:
(1) Signer does not live at address listed on the petition;
(2) Circulator does not live at address listed on the petition;
(3) Circulator listed a residence address in South Dakota but is not a South Dakota resident;
(4) Circulator did not witness the signers;
(5) Signatures not included in the random sample; and
(6) Petition that was originally rejected.
Any challenge by the same person or party in interest shall be included in one
sworn affidavit.
The original
signed sworn affidavit shall be received by the Office of Secretary of State by 5:00
p.m. central time on the
deadline date. If the
sworn affidavit challenges any
item deficiency that is
prohibited by under this section, only that line item deficiency shall summarily be rejected. A
challenge to a line item deficiency is not a challenge to the petition as a whole.
The secretary of state's decision regarding a challenge No deficiency may
not be challenged a
second time with the secretary of state
, but. The secretary of state's decision regarding a challenge
under this section may be appealed to the circuit court of Hughes County.
If a Any person
fails to
who does not challenge a petition pursuant to this section,
it does not deny that person any other legal
remedy to challenge the filing of an initiative or referendum petition in circuit court. A challenge to
a petition in circuit court may include items prohibited in this section may bring a challenge pursuant
to § 2-1-18.
Section 2. That § 2-1-18 be amended to read:
2-1-18. Nothing in §§ 2-1-15 to 2-1-18, inclusive, prohibits any interested person who has
researched the signatures contained on a validated petition from challenging in circuit court the
validity of signatures any signature, the veracity of the petition circulator's attestation, or any other
information required on a petition by statute or administrative rule. A challenge to a petition in
circuit court may include items, including any deficiency that is prohibited in from challenge under
§ 2-1-17.1. The results of the process of signature verification by the Office of the Secretary of State
under chapter 2-1 shall be presumed valid as applied to all signatures for purposes of considering
any additional ground for disqualifying petition signatures, including any ground listed in
subdivisions 2-1-17.1(1) to 2-1-17.1(4), inclusive, and cumulating total valid signatures to determine
the results of an appeal under § 2-1-17.1. The summons and complaint for a challenge under this
section shall be served on each petition sponsor as a party defending the validated petition being
challenged. Any appearance by the attorney general at a challenge under this section shall be limited
to the process of signature verification by the Office of the Secretary of State under chapter 2-1.
Signed March 21, 2018
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CHAPTER 25
(HB 1311)
Legislator salaries,
ENTITLED, An Act to revise certain provisions regarding legislator salaries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-4-2 be amended to read:
2-4-2. The salary of each member of the Legislature is six thousand dollars equal to one-fifth of
the South Dakota median household income reported by the United States Census Current
Population Survey, as ascertained and adjusted each year by the State Board of Finance to take effect
on the first day of January of each year for every regular legislative session. In addition, each
legislator shall receive:
(1) Reimbursement to be paid after the legislative session for actual mileage or its equivalent
traveled to and from home not more than once each weekend or between days of recess
during the regular legislative session, at state rates established by the Board of Finance;
(2) Expenses of one hundred twenty-three dollars per day for each day of a regular or special
legislative session as prepaid reimbursement for living expenses, including meals and
lodging, laundry, cleaning and pressing of clothing, and all other uncompensated expenses
as defined in § 2-4-2.1 incident to the performance of legislative services, or at the
amount fixed for the per diem allowance that is authorized by the United States Internal
Revenue Service to be excluded from the gross income without itemization as of October
first each year, whichever of the two is greater; and
(3) Five cents once each session for every mile of necessary travel in going to and returning
from the place of meeting of the Legislature by the most usual route.
For each day's attendance at special sessions, each member, in addition to mileage and expenses,
shall receive a per diem calculated by the director of the Legislative Research Council equal to the
normal daily compensation for the regular session immediately preceding the special session.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\026.wpd
CHAPTER 26
(SB 125)
Authority of the Government Operations Committee revised.
ENTITLED, An Act to clarify the authority of the Government Operations and Audit Committee to
issue a subpoena.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-6-4 be amended to read:
2-6-4. The Government Operations and Audit Committee may examine all records and vouchers,
summon witnesses by request or by issuing a subpoena, and thoroughly examine all expenditures
and the general management of each department of state government. The Government Operations
and Audit Committee may issue a subpoena for the person, documents, or both and use the procedure
provided in chapter 21-34 to enforce its subpoena when the subject of the subpoena refuses to
comply with the command to appear and testify before the committee. However, no subpoena may
be issued until the decision to issue a subpoena by the Government Operations and Audit Committee
has been ratified by the Executive Board of the Legislative Research Council.
Section 2. That chapter 2-6 be amended by adding a NEW SECTION to read:
Before a subpoena may be issued by the Government Operations and Audit Committee, the
committee shall determine that:
(1) A legislative purpose exists pursuant to §§ 2-6-2 and 2-6-4;
(2) The subpoenaed person or documents are relevant and material to accomplish the
legislative purpose; and
(3) The information sought is not otherwise practically available.
It is not a legislative purpose to subpoena a person or documents to collect information that may
be used for a criminal proceeding or to legislatively determine guilt or inflict punishment upon an
identifiable person.
Signed March 23, 2018
_______________
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CHAPTER 27
(SB 9)
Fiscal notes for certain initiated measures
and initiated amendments to the Constitution.
ENTITLED, An Act to require fiscal notes for certain initiated measures and initiated amendments
to the Constitution.
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:
For any initiated measure or initiated amendment to the Constitution submitted to the director
of the Legislative Research Council pursuant to § 12-13-25 prior to July 1, 2017, and certified by
the secretary of state pursuant to § 2-1-17 for placement on the ballot during the general election of
2018, the secretary of state shall request a determination from the director under § 2-9-30. If the
director of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the
initiated measure or initiated amendment to the Constitution has no impact, the director shall notify
the sponsor and the secretary of state that the measure or amendment has no impact. If the director
of the Legislative Research Council makes a determination pursuant to § 2-9-30 that the measure or
amendment has an impact, the director shall prepare a fiscal note pursuant to § 2-9-31. The secretary
of state shall include the fiscal note, if any, on the ballot pursuant to § 12-13-25.1.
Signed March 8, 2018
_______________
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CHAPTER 28
(HB 1137)
The registration of lobbyists.
ENTITLED, An Act to revise certain provisions regarding the registration of lobbyists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-12-2 be amended to read:
2-12-2. The secretary of state shall prepare and keep a directory of registered lobbyists, in
conformity with the provisions of this chapter, in which shall be entered the names of all persons
employed for any purpose in connection with any legislation included within the terms of this
chapter. The directory shall contain the name and business address of the employer, the name, city
and state of residence, email address, phone number, and occupation of the person employed, the
date of the employment or agreement therefor, the length of time the employment is to continue, if
such time can be determined, and the special subject or subjects of legislation, if any, to which the
employment relates. The directory shall be a public record and open to the inspection of any citizen,
upon demand, at any time during the regular business hours of the Office of the Secretary of State.
Signed March 7, 2018
_______________
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CHAPTER 29
(HB 1129)
Revise definition for full-time-equivalent.
ENTITLED, An Act to revise certain provisions regarding full-time equivalent positions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 2-14-2 be amended to read:
2-14-2. Terms used throughout the code of laws enacted by § 2-16-13, mean:
(1) "According to usage," that which is usual and customary;
(2) "Adult," any person who is not a minor as defined in chapter 26-1;
(3) "Children" includes children by birth and by adoption;
(4) "Compound interest," interest added to the principal as the interest becomes due, and
thereafter made to bear interest;
(5) "Corporate surety," a corporation acting as surety for a principal obligor, and which
corporation is duly authorized under the laws of this state to transact business which
involves acting as such surety;
(6) "Creditor," except as defined and used in chapters 54-1 and 54-9, everyone to whom is
owed the performance of an obligation;
(7) "Day," the period from midnight to midnight;
(8) "Debtor," except as defined and used in chapters 54-1 and 54-9, everyone who owes to
another the performance of an obligation;
(9) "Decree," the same meaning as the word "judgment";
(10) "Depose," every mode of written statement under oath or affirmation;
(11) "Folio," one hundred words, counting every series of figures necessarily used, as a word;
and any portion of a folio when in the whole draft or paper there shall not be a complete
folio and when there shall be any excess of the last folio;
(12) "Full-time equivalent" or "FTE," a number which designates staffing level where one full-time equivalent position is equal to the number of days, Monday through Friday, in a
fiscal year, multiplied by eight hours per day. It excludes: paid overtime hours; hours paid
to an employee assigned to a light duty position as approved by the commissioner of the
Bureau of Human Resources due to a temporary partial disability as defined in
subdivision 62-1-1(8); hours paid for accumulated annual leave and sick leave upon
employee termination; hours paid to patient employees of the institutions under the
control of the Department of Human Services or the Department of Social Services and
the Department of Veterans Affairs; hours paid to work-study students enrolled in
postsecondary educational institutions or postsecondary students employed
pursuant to
chapter 3-6B through internships in the legislative branch, judicial branch, or the
executive branch; hours paid to students enrolled in and employed by postsecondary
educational institutions; and hours paid to members of boards and commissions pursuant
to § 4-7-10.4. For purposes of salary computation a nine month or more per year full-time
teaching or research faculty person, or the equivalent thereof, at the institutions under the
jurisdiction of the Board of Regents shall be considered one full-time equivalent;
(13) "Good faith," an honest intention to abstain from taking any unconscientious advantage
of another, even through the forms or technicalities of law, together with an absence of
all information or belief of facts which would render the transaction unconscientious;
(14) "Indian tribe," any government of any Indian tribe which is located either wholly or
partially within the State of South Dakota and which has a constitution or a charter
approved by the secretary of the Department of the Interior and which possesses the
powers of self-government;
(15) "Month," a calendar month;
(16) "Municipality," any municipality organized as provided in Title 9;
(17) "Oath" includes affirmation;
(18) "Person" includes natural persons, partnerships, associations, cooperative corporations,
limited liability companies, and corporations;
(19) "Personal property" includes money, goods, chattels, things in action, and evidences of
debt;
(20) "Population," the number of inhabitants as determined by the last preceding federal
census;
(21) "Property" includes property, real and personal;
(22) "Real property" is coextensive with lands, tenements, and hereditaments;
(23) "Seal" includes an impression of the seal upon the paper alone, as well as upon wax or a
wafer affixed to the paper, and also the word "seal" written or printed on such paper;
(24) "Several," in relation to number, two or more;
(25) "Signature or subscription" includes mark, if the person cannot write, the person's name
being written near such mark, and written by a person who writes the person's own name
as a witness;
(26) "State," the State of South Dakota;
(27) "Testify," every mode of oral statement under oath or affirmation;
(28) "Third persons" includes all who are not parties to the obligation or transaction
concerning which the phrase is used;
(29) "Township boards," the board of supervisors of any organized township;
(30) "Usual and customary," according to usage; usage is a reasonable and lawful public
custom concerning transactions of the same nature as those which are to be affected
thereby, existing at the place where the obligation is to be performed, and either known
to the parties, or so well established, general, and uniform, that they must be presumed
to have acted with reference thereto;
(31) "Valuable consideration," a thing of value parted with, or a new obligation assumed at the
time of obtaining the thing, which is a substantial compensation for that which is obtained
thereby. It is also called simply "value";
(32) "Verdict" includes not only the verdict of a jury, but also the finding upon the facts of a
judge, or of a referee appointed to determine the issues in a cause;
(33) "Voter," a person duly registered to vote or one who is performing the act of voting;
(34) "Will" includes a codicil or codicils;
(35) "Writing" and "written" include typewriting and typewritten, printing and printed, except
in the case of signatures, and where the words are used by way of contrast to typewriting
and printing. Writing may be made in any manner, except that when a person entitled to
require the execution of a writing demands that it be made with ink, it must be so made;
(36) "Year," a calendar year.
Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\029.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\030.wpd
CHAPTER 30
(SB 10)
Resolution of conflicts by multiple measures
and amendments adopted at the same election.
ENTITLED, An Act to provide for the resolution of conflicts by multiple initiated measures and
amendments to the Constitution adopted at the same election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 2-14 be amended by adding a NEW SECTION to read:
If two or more initiated measures or amendments to the Constitution are approved by the voters
at the same election, each initiated measure or amendment shall be given effect, unless the initiated
measures or amendments conflict or a contrary intent plainly appears. For purposes of any conflict
or the determination of intent under this section, the initiated measure or amendment receiving the
greatest number of affirmative votes at the election shall be given effect.
Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\030.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\031.wpd
CHAPTER 31
(HB 1017)
Legislation enacted in 2017, codified.
ENTITLED, An Act to codify legislation enacted in 2017.
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 2016 revision of volume 12;
(14) The 2004 revision of volume 13;
(15) The 2006 2017 revision of volume 14;
(16) The 2016 revision of volume 15;
(17) The 2013 revision of volume 16;
(18) The 2016 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 2015 revision of volume 22;
(25) The 2015 revision of volume 22A;
(26) The 2004 revision of volume 23;
(27) The 2004 revision of volume 24;
(28) The 2004 revision of volume 25;
(29) The 2004 revision of volume 26;
(30) The 2007 revision of volume 27;
(31) The 2004 revision of volume 28;
(32) The 2004 2017 revision of volume 29;
(33) The 2012 revision of volume 30;
(34) The 2012 revision of volume 31;
(35) The 2004 revision of volume 32;
(36) The 2004 revision of volume 33;
(37) The 2015 revision of volume 34;
(38) The 2004 revision of the Parallel Tables volume;
(39) The December 2016 2017 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
(40) The
2016 2017 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, 2017 2018, 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 2017 2018 session of the Legislature
shall be deemed to have been enacted subsequently to the enactment of this code. If any statute
repeals, amends, contravenes, or is inconsistent with the provisions of this code, the provisions of
the statute shall prevail. Any enactment in the 2017 2018 session of the Legislature that 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 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\031.wpd
PUBLIC OFFICERS AND EMPLOYEES
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\032.wpd
CHAPTER 32
(SB 35)
Correctional security staff revisions
in the South Dakota Retirement System.
ENTITLED, An Act to revise the classification of juvenile corrections agents in the South Dakota
Retirement System and to revise certain terminology regarding correctional staff.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (18) of § 3-12-47 be amended to read:
(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 security staff, parole agent, air rescue firefighter, campus security
officer, court services officer, juvenile corrections agent, conservation officer, or park
ranger and is either a foundation member or a generational member;
Section 2. That § 3-12-47 be amended by adding a NEW SUBDIVISION to read:
(26A) "Correctional security staff," the warden, deputy warden, and any other correctional staff
holding a security position as verified by the Department of Corrections and approved by
the Bureau of Human Resources and the Bureau of Finance and Management, and
determined by the board as Class B members;
Section 3. That § 3-12-47 be amended by adding a NEW SUBDIVISION to read:
(50A) "Juvenile corrections agent," a designee of the secretary of corrections charged with the
care, custody, and control of juveniles committed to the Department of Corrections until
the age of twenty-one;
Section 4. That subdivision (64) of § 3-12-47 be amended to read:
(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;
Section 5. That § 3-12-92.1 be amended to read:
3-12-92.1. For purposes of determining the benefits of a penitentiary correctional security staff,
for credited service earned prior to July 1, 1978, the benefits shall be calculated pursuant to § 3-12-91 and for credited service after July 1, 1978, the benefits shall be calculated pursuant to § 3-12-92.
Section 6. 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 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 security staff member
before July 1, 1978; credited service as a conservation officer before July 1, 1983; credited service
as a parole agent before July 1, 1991; and credited service as an air rescue firefighter 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
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 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 after 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, the jailer is eligible to convert prior credited
service as a jailer under this section.
Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\032.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\033.wpd
CHAPTER 33
(SB 36)
Revisions for the South Dakota Retirement System.
ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (2) of § 3-12-47 be amended to read:
(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;
Section 2. That subdivision (5) of § 3-12-47 be amended to read:
(5) "Actuarial value of assets," the total assets of the system, taking market appreciation into
account on a rational and systematic basis equal to the fair value of assets;
Section 3. That § 3-12-47 be amended by adding a NEW SUBDIVISION to read:
(5A) "Actuarially determined contribution rate," the fixed, statutory contribution rate, no less
than the normal cost rate with expenses assuming the minimum COLA, and no greater
than the normal cost rate with expenses assuming the maximum COLA;
Section 4. That subdivision (21) of § 3-12-47 be amended to read:
(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 3-6D, employees of public corporations, employees of chartered
governmental units, and all other participating employees not elsewhere provided for in
this chapter;
Section 5. That subdivision (50) of § 3-12-47 be amended to read:
(50) "Internal Revenue Code," or "code," the Internal Revenue Code as in effect as of January
1, 2017 2018;
Section 6. That subdivision (85) of § 3-12-47 be amended to read:
(85) "Supplemental pension participant," any member who is a retiree receiving a benefit from
the system, or, if the member is deceased, the member's surviving spouse who is receiving
a benefit from the system, and who chooses to purchase a supplemental pension benefit
pursuant to the provisions of this chapter;
Section 7. That § 3-12-48 be amended to read:
3-12-48. There is created a governing authority of the system to consist of a board known as the
Board of Trustees. Voting representation on the board shall be the following:
(1) Two state employee members;
(2) Two teacher members;
(3) A participating municipality member;
(4) A participating county member;
(5) A participating classified employee member;
(6) A current contributing Class B member other than a justice, judge, or magistrate judge;
(7) A justice, judge, or magistrate judge;
(8) One head of a principal department established pursuant to § 1-32-2, or one head of a
bureau under the Department of Executive Management established pursuant to § 1-33-3
appointed by the Governor;
(9) An individual appointed by the Governor;
(10) A county commissioner of a participating county;
(11) A school district board member;
(12) An elected municipal official of a participating municipality;
(13) A retiree; and
(14) A faculty or administrative member employed by the Board of Regents and not subject
to the provisions of chapter 3-6A 3-6D.
A representative of the State Investment Council shall serve as an ex officio nonvoting member.
Section 8. That § 3-12-57.1 be amended to read:
3-12-57.1. Any person aggrieved by a final determination made by the system's staff may request
review of the final determination and a decision by the executive director if the request is made in
writing within thirty days after receiving the final determination. The person, if then aggrieved by
the executive director's decision, may appeal the decision, if the person files a written notice of
appeal with the 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
executive director shall accept, reject, or modify those the findings, conclusions, and decision of the
hearing examiner and such action constitutes the final agency decision. Alternatively, the executive
director may appoint the hearing examiner to make the final agency decision. The executive director
may arrange for the assistance of private counsel throughout the executive director's review of the
proposal. The executive director's action constitutes the final agency decision. The final agency
decision may be appealed to circuit court pursuant to chapter 1-26. The executive director may
arrange for the assistance of private counsel throughout the appeal process.
Section 9. That § 3-12-76 be amended to read:
3-12-76. A member terminating who terminates public service is entitled to may withdraw the
sum of the member's accumulated contributions upon application to the system in lieu of retaining.
A member who withdraws the member's accumulated contributions pursuant to this section forfeits
all credited service and benefits provided in this chapter.
The right to withdraw accumulated contributions ceases
within ninety days of a return if the
member returns to employment with a participating unit.
Section 10. That § 3-12-76.1 be repealed.
Section 11. That chapter 3-12 be amended by adding a NEW SECTION to read:
For purposes of § 3-12-115, the system shall determine if a domestic relations order is a qualified
domestic relations order. Upon receipt of a domestic relations order, the system shall promptly issue
a written notice of receipt to the member and any alternate payee. Within a reasonable period of time,
the system shall issue a determination indicating if the domestic relations order qualifies as a plan-approved domestic relations order in accordance with § 414(p) of the Internal Revenue Code.
No order may require the payment of benefits to an alternate payee before the retirement of a
member or the withdrawal of a member's accumulated contributions for a distribution to an alternate
payee. In addition, no order may require the payment of monthly benefits to an alternate payee after
the death of the member.
No order approved after July 1, 2018, may require the payment of benefits to the alternate payee's
estate after the death of the alternate payee. The amount paid in monthly benefits to the alternate
payee shall be paid to the member after the death of the alternate payee.
Section 12. That § 3-12-120 be amended to read:
3-12-120. To determine and verify the adequacy of the members member and employer
contributions to the system, an actuarial valuation of the system shall be made annually by an
approved actuary annually.
The actuarial valuation shall include:
(1) A demonstration of the relationship of the current member and employer contributions,
expressed as a percentage of payroll, to the minimum actuarial requirement to support
benefits; and
(2) The current year's funded ratio as well as the ratios from the prior actuarial valuations
performed after July 1, 1974.
Section 13. That chapter 3-12 be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the phrase, minimum actuarial requirement to support benefits,
means the normal cost and the interest on and amortization of the unfunded actuarial accrued liability
over a period not to exceed twenty years, all expressed in terms of a percentage of covered payroll
and based on the baseline COLA or the restricted COLA, as applicable. If the actuarial value of
assets exceeds the actuarial accrued liability, the minimum actuarial requirement to support benefits
includes a thirty year amortization of the amount by which the actuarial value of assets exceeds the
actuarial accrued liability.
Section 14. 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 the funding of the system does not meet both of
the following conditions:
(1) The fair value funded ratio is greater than or equal to one hundred percent; and
(2) The contribution rate meets or exceeds the
actuarially determined contribution rate
including an amortization of the difference, positive or negative, between the actuarial
accrued liability and the fair value of assets according to the board's funding policy
minimum actuarial requirement to support benefits.
The report shall include recommendations for the circumstances and timing for any
benefit
changes, contribution changes, or any other corrective action,
or any combination of actions
including benefit changes, to improve the conditions in subdivisions (1) and (2). 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 in
subdivisions (1) and (2).
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 in subdivisions (1) and
(2).
Section 15. That § 3-12-191 be amended to read:
3-12-191. A member who is a retiree receiving a benefit from the system, or, if the member is
deceased, the member's surviving spouse who is receiving a benefit from the system and is a
beneficiary of the funds subject to this section, 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 16. That § 3-12-192 be amended to read:
3-12-192. A supplemental pension participant who is a retiree receiving a benefit from the
system shall receive one of three types of supplemental pension benefits:
(1) A supplemental pension benefit payable monthly for the lifetime of the participant;
(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 a retiree receiving a benefit from the system may contract for any of the three
types of supplemental pension benefits provided in this section.
A participant who is the member's
surviving spouse may contract only for a supplemental pension benefit payable monthly for the
lifetime of the surviving spouse. The contract shall be signed by both the supplemental pension
participant and the
supplemental pension spouse
of the participant, if applicable, and each signature
shall be witnessed by a representative of the system or notarized.
Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\033.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\034.wpd
CHAPTER 34
(SB 37)
Automatic enrollment for the deferred compensation plan.
ENTITLED, An Act to revise the automatic enrollment provisions of the deferred compensation plan
of the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-13-56 be amended to read:
3-13-56. The board may establish an automatic enrollment feature within the plan by rules
promulgated pursuant to chapter 1-26 and § 3-13-54. Any automatic enrollment feature established
by the board shall include:
(1) A provision that automatic enrollment shall apply only to newly-employed members hired
after a specified future date, any state employees not participating in the deferred
compensation plan as of June 30, 2019, and employees of any other automatic enrollment
unit that elects automatic enrollment for its employees not participating in the deferred
compensation plan;
(2) A provision that automatic enrollment shall apply only to the employees of those
participating units that choose the automatic enrollment feature for the unit's employees;
(3) A provision that automatic enrollment may not require more than an established
maximum contribution per month per automatically-enrolled participant;
(4) A provision that a participant who is automatically enrolled shall have as long as ninety
days after the start of employment to discontinue participation in the plan;
(5) A provision that an automatically-enrolled participant who discontinues participation in
the plan within ninety days of enrollment shall receive a refund of the participant's
account within thirty days after discontinuing participation;
(6) A provision that the state investment officer shall select a default investment fund to
receive contributions by any automatically-enrolled participant who does not choose an
investment alternative to receive the participant's contributions;
(7) A provision authorizing participating units and the system to make contributions to the
plan for the benefit of participants;
(8) A provision that the plan shall adhere to notice requirements to automatically-enrolled
participants in accord with Internal Revenue Service Rulings 98-30 and 2000-8;
(9) A provision that automatic enrollment does not require advance authorization by a
participant, which is hereby deemed to be an exception to the provisions of any state law
requiring employee authorization for a payroll deduction or any similar ordinance of a
local participating unit; and
(10) A provision that the amount of compensation deferred by an automatically-enrolled
participant shall automatically increase by a specified amount each year unless the
participant elects not to participate in automatic escalation or elects to defer a different
amount than specified.
If a participant discontinues participation pursuant to subdivision (4), that act is a permissive
withdrawal pursuant to § 414(w) of the Internal Revenue Code.
Section 2. That ARSD 62:03:07:02 be amended to read:
62:03:07:02...Automatic enrollment. Any person who becomes a permanent employee of a
participating employer after the participating employer becomes an automatic enrollment unit
becomes an automatic enrollee in the plan.
Any permanent employee of the state who is not a
participant in the plan on June 30, 2019, becomes an automatic enrollee in the plan on July 1, 2019,
unless the employee elects not to participate. Any other permanent employee who is not a participant
in the plan and who is employed by an automatic enrollment unit that elects automatic enrollment
pursuant to § 62:03:07:02.01 becomes an automatic enrollee in the plan, unless the employee elects
not to participate.
Section 3. That a NEW SECTION be added to ARSD chapter 62:03:07 to read:
62:03:07:02.01. Members employed by participating employers other than the state before
automatic enrollment established. An automatic enrollment unit other than the state may elect to
automatically enroll the unit's permanent employees who are not participating in the deferred
compensation plan. The automatic enrollment unit may elect to commence automatic enrollment for
these employees on the January or July immediately after the automatic enrollment unit's decision
is delivered in writing to the system as long as notice of the decision is received no later than
September 15 for a January start or March 15 for a July start.
Signed February 14, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\035.wpd
CHAPTER 35
(SB 38)
The process to establish the compensation
of the executive director.
ENTITLED, An Act to revise the process for establishing the compensation of the executive director
of the South Dakota Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 3-12-55 be amended to read:
3-12-55. The board shall appoint an executive director, qualified by training and experience, to
serve at the pleasure of the board. The board may adjust the salary of the executive director annually
in accordance with the state employee salary policy as enacted by the Legislature in each
corresponding year. The board shall fix the compensation for the executive director. The
compensation shall be based on a compensation policy, adopted by the board, that considers an
analysis of the compensation and responsibilities of executive directors of regional statewide
retirement systems. The board may adjust the salary of the executive director annually in accordance
with the state employee salary policy as enacted by the Legislature in each corresponding year.
The board shall report any change in the executive director's compensation above the state
employee salary policy to the Retirement Laws Committee before July first for the upcoming fiscal
year. The change in compensation above the state employee salary policy is effective if approved by
the majority vote of the Retirement Laws Committee.
The board may recommend a salary adjustment that is in addition to the state employee salary
policy. Any such adjustment shall be recommended before July first and is effective for the
upcoming fiscal year if approved by a majority vote of the members of the Retirement Laws
Committee. The 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 executive director in an amount set by the board
which
that shall be included under the state employees' blanket bond. The premium may be charged to the
fund.
Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\035.wpd
PUBLIC FISCAL ADMINISTRATION
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\036.wpd
CHAPTER 36
(HB 1320)
Appropriation for the ordinary expenses of state government.
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, 2019.
|
|
|
GENERAL
|
FEDERAL
|
OTHER
|
TOTAL
|
|
|
|
FUNDS
|
FUNDS
|
FUNDS
|
FUNDS
|
|
SECTION 2. OFFICE OF THE GOVERNOR
|
|
(1) Office of the Governor
|
|
|
Personal Services
|
$1,918,003
|
$0
|
$0
|
$1,918,003
|
|
|
Operating Expenses
|
$452,935
|
$0
|
$0
|
$452,935
|
|
|
|
|
|
|
|
|
|
Total
|
$2,370,938
|
$0
|
$0
|
$2,370,938
|
|
|
F.T.E.
|
|
|
|
21.5
|
|
|
|
|
|
|
|
|
(2) Governor's Contingency Fund
|
|
|
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
|
$1,957,232
|
$554,765
|
$660,059
|
$3,172,056
|
|
|
Operating Expenses
|
$4,825,177
|
$8,925,489
|
$34,053,234
|
$47,803,900
|
|
|
|
|
|
|
|
|
|
Total
|
$6,782,409
|
$9,480,254
|
$34,713,293
|
$50,975,956
|
|
|
F.T.E.
|
|
|
|
42.6
|
|
|
|
|
|
|
|
|
(4) SD Housing Development Authority - Informational
|
|
|
Personal Services
|
$0
|
$1,301,892
|
$3,634,246
|
$4,936,138
|
|
|
Operating Expenses
|
$0
|
$711,419
|
$6,847,411
|
$7,558,830
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$2,013,311
|
$10,481,657
|
$12,494,968
|
|
|
F.T.E.
|
|
|
|
65.0
|
|
|
|
|
|
|
|
|
(5) SD Science and Tech Authority - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$183,200
|
$183,200
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,606,197
|
$3,606,197
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,789,397
|
$3,789,397
|
|
|
F.T.E.
|
|
|
|
0.3
|
|
|
|
|
|
|
|
|
(6) Ellsworth Authority - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$698,254
|
$698,254
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$698,254
|
$698,254
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(7) Building South Dakota - REDI Grants
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,074,384
|
$2,074,384
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,074,384
|
$2,074,384
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(8) Building South Dakota - Local Infrastructure Improvement
|
|
|
Operating Expenses
|
$1,470,000
|
$0
|
$1,470,000
|
$2,940,000
|
|
|
|
|
|
|
|
|
|
Total
|
$1,470,000
|
$0
|
$1,470,000
|
$2,940,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(9) Building South Dakota - Economic Development Partnership
|
|
|
Operating Expenses
|
$0
|
$0
|
$375,000
|
$375,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$375,000
|
$375,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(10) Building South Dakota - SD Housing Opportunity
|
|
|
Operating Expenses
|
$1,040,000
|
$0
|
$2,940,000
|
$3,980,000
|
|
|
|
|
|
|
|
|
|
Total
|
$1,040,000
|
$0
|
$2,940,000
|
$3,980,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(11) Building South Dakota - Workforce Education
|
|
|
Operating Expenses
|
$490,000
|
$0
|
$0
|
$490,000
|
|
|
|
|
|
|
|
|
|
Total
|
$490,000
|
$0
|
$0
|
$490,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(12) Lt. Governor
|
|
|
Personal Services
|
$21,966
|
$0
|
$0
|
$21,966
|
|
|
Operating Expenses
|
$13,501
|
$0
|
$0
|
$13,501
|
|
|
|
|
|
|
|
|
|
Total
|
$35,467
|
$0
|
$0
|
$35,467
|
|
|
F.T.E.
|
|
|
|
0.5
|
|
|
|
|
|
|
|
|
(13) DEPARTMENT TOTAL, OFFICE OF THE GOVERNOR
|
|
|
Personal Services
|
$3,897,201
|
$1,856,657
|
$4,477,505
|
$10,231,363
|
|
|
Operating Expenses
|
$8,366,613
|
$9,636,908
|
$52,064,480
|
$70,068,001
|
|
|
|
|
|
|
|
|
|
Total
|
$12,263,814
|
$11,493,565
|
$56,541,985
|
$80,299,364
|
|
|
F.T.E.
|
|
|
|
129.9
|
|
|
|
|
|
|
|
|
SECTION 3. BUREAU OF FINANCE AND MANAGEMENT (BFM)
|
|
(1) Bureau of Finance and Management
|
|
|
Personal Services
|
$713,011
|
$0
|
$2,476,427
|
$3,189,438
|
|
|
Operating Expenses
|
$245,256
|
$0
|
$2,871,726
|
$3,116,982
|
|
|
|
|
|
|
|
|
|
Total
|
$958,267
|
$0
|
$5,348,153
|
$6,306,420
|
|
|
F.T.E.
|
|
|
|
36.0
|
|
|
|
|
|
|
|
|
(2) Computer Services and Development
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,000,000
|
$2,000,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,000,000
|
$2,000,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(3) Building Authority - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$2,500
|
$2,500
|
|
|
Operating Expenses
|
$0
|
$0
|
$562,047
|
$562,047
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$564,547
|
$564,547
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(4) Health and Education Facilities Authority - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$470,425
|
$470,425
|
|
|
Operating Expenses
|
$0
|
$0
|
$219,750
|
$219,750
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$690,175
|
$690,175
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
(5) Employee Compensation and Billing Pools
|
|
|
Personal Services
|
$4,786,989
|
$2,498,371
|
$5,602,902
|
$12,888,262
|
|
|
Operating Expenses
|
$623,245
|
$338,345
|
$542,269
|
$1,503,859
|
|
|
|
|
|
|
|
|
|
Total
|
$5,410,234
|
$2,836,716
|
$6,145,171
|
$14,392,121
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(6) Educational Enhancement Funding Corporation - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$0
|
$139,605
|
$139,605
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$139,605
|
$139,605
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(7) DEPARTMENT TOTAL, BUREAU OF FINANCE AND MANAGEMENT (BFM)
|
|
|
Personal Services
|
$5,500,000
|
$2,498,371
|
$8,552,254
|
$16,550,625
|
|
|
Operating Expenses
|
$868,501
|
$338,345
|
$6,335,397
|
$7,542,243
|
|
|
|
|
|
|
|
|
|
Total
|
$6,368,501
|
$2,836,716
|
$14,887,651
|
$24,092,868
|
|
|
F.T.E.
|
|
|
|
42.0
|
|
|
|
|
|
|
|
|
SECTION 4. BUREAU OF ADMINISTRATION (BOA)
|
|
(1) Administrative Services
|
|
|
Personal Services
|
$0
|
$0
|
$394,238
|
$394,238
|
|
|
Operating Expenses
|
$683
|
$0
|
$113,109
|
$113,792
|
|
|
|
|
|
|
|
|
|
Total
|
$683
|
$0
|
$507,347
|
$508,030
|
|
|
F.T.E.
|
|
|
|
3.5
|
|
|
|
|
|
|
|
|
(2) Central Services
|
|
|
Personal Services
|
$193,135
|
$0
|
$7,092,737
|
$7,285,872
|
|
|
Operating Expenses
|
$210,393
|
$0
|
$19,220,037
|
$19,430,430
|
|
|
|
|
|
|
|
|
|
Total
|
$403,528
|
$0
|
$26,312,774
|
$26,716,302
|
|
|
F.T.E.
|
|
|
|
135.5
|
|
|
|
|
|
|
|
|
(3) State Engineer
|
|
|
Personal Services
|
$0
|
$0
|
$1,160,901
|
$1,160,901
|
|
|
Operating Expenses
|
$0
|
$0
|
$242,469
|
$242,469
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,403,370
|
$1,403,370
|
|
|
F.T.E.
|
|
|
|
15.0
|
|
|
|
|
|
|
|
|
(4) Statewide Maintenance and Repair
|
|
|
Operating Expenses
|
$14,798,063
|
$500,000
|
$4,089,246
|
$19,387,309
|
|
|
|
|
|
|
|
|
|
Total
|
$14,798,063
|
$500,000
|
$4,089,246
|
$19,387,309
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(5) Office of Hearing Examiners
|
|
|
Personal Services
|
$271,543
|
$0
|
$0
|
$271,543
|
|
|
Operating Expenses
|
$74,812
|
$0
|
$0
|
$74,812
|
|
|
|
|
|
|
|
|
|
Total
|
$346,355
|
$0
|
$0
|
$346,355
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
(6) Obligation Recovery Center
|
|
|
Operating Expenses
|
$720,000
|
$0
|
$0
|
$720,000
|
|
|
|
|
|
|
|
|
|
Total
|
$720,000
|
$0
|
$0
|
$720,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(7) Risk Management Administration - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$628,525
|
$628,525
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,453,047
|
$3,453,047
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,081,572
|
$4,081,572
|
|
|
F.T.E.
|
|
|
|
8.0
|
|
|
|
|
|
|
|
|
(8) Risk Management Claims - Informational
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,222,898
|
$2,222,898
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,222,898
|
$2,222,898
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(9) Captive Insurance Pool
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,836,000
|
$1,836,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,836,000
|
$1,836,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(10) DEPARTMENT TOTAL, BUREAU OF ADMINISTRATION (BOA)
|
|
|
Personal Services
|
$464,678
|
$0
|
$9,276,401
|
$9,741,079
|
|
|
Operating Expenses
|
$15,803,951
|
$500,000
|
$31,176,806
|
$47,480,757
|
|
|
|
|
|
|
|
|
|
Total
|
$16,268,629
|
$500,000
|
$40,453,207
|
$57,221,836
|
|
|
F.T.E.
|
|
|
|
165.0
|
|
|
|
|
|
|
|
|
SECTION 5. BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)
|
|
(1) Data Centers
|
|
|
Personal Services
|
$0
|
$0
|
$5,343,420
|
$5,343,420
|
|
|
Operating Expenses
|
$0
|
$0
|
$4,228,372
|
$4,228,372
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$9,571,792
|
$9,571,792
|
|
|
F.T.E.
|
|
|
|
64.0
|
|
|
|
|
|
|
|
|
(2) Development
|
|
|
Personal Services
|
$0
|
$0
|
$12,542,288
|
$12,542,288
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,098,895
|
$2,098,895
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$14,641,183
|
$14,641,183
|
|
|
F.T.E.
|
|
|
|
153.0
|
|
|
|
|
|
|
|
|
(3) Telecommunications Services
|
|
|
Personal Services
|
$0
|
$0
|
$6,791,350
|
$6,791,350
|
|
|
Operating Expenses
|
$0
|
$0
|
$11,841,390
|
$11,841,390
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$18,632,740
|
$18,632,740
|
|
|
F.T.E.
|
|
|
|
86.0
|
|
|
|
|
|
|
|
|
(4) South Dakota Public Broadcasting
|
|
|
Personal Services
|
$2,902,153
|
$0
|
$1,054,318
|
$3,956,471
|
|
|
Operating Expenses
|
$1,260,037
|
$422,484
|
$2,749,692
|
$4,432,213
|
|
|
|
|
|
|
|
|
|
Total
|
$4,162,190
|
$422,484
|
$3,804,010
|
$8,388,684
|
|
|
F.T.E.
|
|
|
|
61.5
|
|
|
|
|
|
|
|
|
(5) BIT Administration
|
|
|
Personal Services
|
$0
|
$0
|
$1,421,462
|
$1,421,462
|
|
|
Operating Expenses
|
$0
|
$0
|
$325,059
|
$325,059
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,746,521
|
$1,746,521
|
|
|
F.T.E.
|
|
|
|
15.0
|
|
|
|
|
|
|
|
|
(6) State Radio Engineering
|
|
|
Personal Services
|
$764,986
|
$121,179
|
$11,979
|
$898,144
|
|
|
Operating Expenses
|
$2,304,315
|
$91,573
|
$143,927
|
$2,539,815
|
|
|
|
|
|
|
|
|
|
Total
|
$3,069,301
|
$212,752
|
$155,906
|
$3,437,959
|
|
|
F.T.E.
|
|
|
|
11.0
|
|
|
|
|
|
|
|
|
(7) DEPARTMENT TOTAL, BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)
|
|
|
Personal Services
|
$3,667,139
|
$121,179
|
$27,164,817
|
$30,953,135
|
|
|
Operating Expenses
|
$3,564,352
|
$514,057
|
$21,387,335
|
$25,465,744
|
|
|
|
|
|
|
|
|
|
Total
|
$7,231,491
|
$635,236
|
$48,552,152
|
$56,418,879
|
|
|
F.T.E.
|
|
|
|
390.5
|
|
|
|
|
|
|
|
|
SECTION 6. BUREAU OF HUMAN RESOURCES (BHR)
|
|
(1) Personnel Management/Employee Benefits
|
|
|
Personal Services
|
$218,234
|
$0
|
$4,732,320
|
$4,950,554
|
|
|
Operating Expenses
|
$63,795
|
$0
|
$2,060,297
|
$2,124,092
|
|
|
|
|
|
|
|
|
|
Total
|
$282,029
|
$0
|
$6,792,617
|
$7,074,646
|
|
|
F.T.E.
|
|
|
|
73.5
|
|
|
|
|
|
|
|
|
(2) DEPARTMENT TOTAL, BUREAU OF HUMAN RESOURCES (BHR)
|
|
|
Personal Services
|
$218,234
|
$0
|
$4,732,320
|
$4,950,554
|
|
|
Operating Expenses
|
$63,795
|
$0
|
$2,060,297
|
$2,124,092
|
|
|
|
|
|
|
|
|
|
Total
|
$282,029
|
$0
|
$6,792,617
|
$7,074,646
|
|
|
F.T.E.
|
|
|
|
73.5
|
|
|
|
|
|
|
|
|
SECTION 7. DEPARTMENT OF REVENUE
|
|
(1) Administration, Secretary of Revenue
|
|
|
Personal Services
|
$0
|
$0
|
$2,226,783
|
$2,226,783
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,652,742
|
$1,652,742
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,879,525
|
$3,879,525
|
|
|
F.T.E.
|
|
|
|
29.0
|
|
|
|
|
|
|
|
|
(2) Business Tax
|
|
|
Personal Services
|
$0
|
$0
|
$3,514,781
|
$3,514,781
|
|
|
Operating Expenses
|
$0
|
$0
|
$890,544
|
$890,544
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,405,325
|
$4,405,325
|
|
|
F.T.E.
|
|
|
|
57.5
|
|
|
|
|
|
|
|
|
(3) Motor Vehicles
|
|
|
Personal Services
|
$0
|
$0
|
$2,543,837
|
$2,543,837
|
|
|
Operating Expenses
|
$0
|
$300,000
|
$6,451,022
|
$6,751,022
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$300,000
|
$8,994,859
|
$9,294,859
|
|
|
F.T.E.
|
|
|
|
47.0
|
|
|
|
|
|
|
|
|
(4) Property and Special Taxes
|
|
|
Personal Services
|
$1,038,636
|
$0
|
$0
|
$1,038,636
|
|
|
Operating Expenses
|
$264,230
|
$0
|
$0
|
$264,230
|
|
|
|
|
|
|
|
|
|
Total
|
$1,302,866
|
$0
|
$0
|
$1,302,866
|
|
|
F.T.E.
|
|
|
|
15.0
|
|
|
|
|
|
|
|
|
(5) Audits
|
|
|
Personal Services
|
$0
|
$0
|
$3,794,249
|
$3,794,249
|
|
|
Operating Expenses
|
$0
|
$0
|
$624,867
|
$624,867
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,419,116
|
$4,419,116
|
|
|
F.T.E.
|
|
|
|
55.0
|
|
|
|
|
|
|
|
|
(6) Instant and On-line Operations - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,465,273
|
$1,465,273
|
|
|
Operating Expenses
|
$0
|
$0
|
$36,940,493
|
$36,940,493
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$38,405,766
|
$38,405,766
|
|
|
F.T.E.
|
|
|
|
21.0
|
|
|
|
|
|
|
|
|
(7) Video Lottery
|
|
|
Personal Services
|
$0
|
$0
|
$731,463
|
$731,463
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,942,690
|
$1,942,690
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,674,153
|
$2,674,153
|
|
|
F.T.E.
|
|
|
|
10.0
|
|
|
|
|
|
|
|
|
(8) Commission on Gaming - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,070,240
|
$1,070,240
|
|
|
Operating Expenses
|
$0
|
$0
|
$9,611,060
|
$9,611,060
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$10,681,300
|
$10,681,300
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
(9) DEPARTMENT TOTAL, DEPARTMENT OF REVENUE
|
|
|
Personal Services
|
$1,038,636
|
$0
|
$15,346,626
|
$16,385,262
|
|
|
Operating Expenses
|
$264,230
|
$300,000
|
$58,113,418
|
$58,677,648
|
|
|
|
|
|
|
|
|
|
Total
|
$1,302,866
|
$300,000
|
$73,460,044
|
$75,062,910
|
|
|
F.T.E.
|
|
|
|
250.5
|
|
|
|
|
|
|
|
|
SECTION 8. DEPARTMENT OF AGRICULTURE...............
|
|
(1) Administration, Secretary of Agriculture
|
|
|
Personal Services
|
$706,639
|
$43,421
|
$78,221
|
$828,281
|
|
|
Operating Expenses
|
$188,327
|
$18,665
|
$93,841
|
$300,833
|
|
|
|
|
|
|
|
|
|
Total
|
$894,966
|
$62,086
|
$172,062
|
$1,129,114
|
|
|
F.T.E.
|
|
|
|
9.5
|
|
|
|
|
|
|
|
|
(2) Agricultural Services and Assistance
|
|
|
Personal Services
|
$1,699,333
|
$1,573,014
|
$1,229,637
|
$4,501,984
|
|
|
Operating Expenses
|
$613,263
|
$2,082,327
|
$1,930,945
|
$4,626,535
|
|
|
|
|
|
|
|
|
|
Total
|
$2,312,596
|
$3,655,341
|
$3,160,582
|
$9,128,519
|
|
|
F.T.E.
|
|
|
|
79.9
|
|
|
|
|
|
|
|
|
(3) Agricultural Development and Promotion
|
|
|
Personal Services
|
$1,312,604
|
$470,739
|
$150,901
|
$1,934,244
|
|
|
Operating Expenses
|
$469,390
|
$1,051,592
|
$627,775
|
$2,148,757
|
|
|
|
|
|
|
|
|
|
Total
|
$1,781,994
|
$1,522,331
|
$778,676
|
$4,083,001
|
|
|
F.T.E.
|
|
|
|
29.0
|
|
|
|
|
|
|
|
|
(4) Animal Industry Board
|
|
|
Personal Services
|
$1,781,793
|
$1,114,263
|
$137,300
|
$3,033,356
|
|
|
Operating Expenses
|
$345,104
|
$623,830
|
$3,487,106
|
$4,456,040
|
|
|
|
|
|
|
|
|
|
Total
|
$2,126,897
|
$1,738,093
|
$3,624,406
|
$7,489,396
|
|
|
F.T.E.
|
|
|
|
41.0
|
|
|
|
|
|
|
|
|
(5) American Dairy Association - Informational
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,712,220
|
$2,712,220
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,712,220
|
$2,712,220
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(6) Wheat Commission - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$243,580
|
$243,580
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,334,600
|
$1,334,600
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,578,180
|
$1,578,180
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
(7) Oilseeds Council - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,615
|
$1,615
|
|
|
Operating Expenses
|
$0
|
$0
|
$388,000
|
$388,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$389,615
|
$389,615
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(8) Soybean Research and Promotion Council - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$525,225
|
$525,225
|
|
|
Operating Expenses
|
$0
|
$0
|
$10,523,907
|
$10,523,907
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$11,049,132
|
$11,049,132
|
|
|
F.T.E.
|
|
|
|
8.0
|
|
|
|
|
|
|
|
|
(9) Brand Board - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,710,813
|
$1,710,813
|
|
|
Operating Expenses
|
$0
|
$0
|
$592,332
|
$592,332
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$2,303,145
|
$2,303,145
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
|
(10) Corn Utilization Council - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$114,325
|
$114,325
|
|
|
Operating Expenses
|
$0
|
$0
|
$6,845,000
|
$6,845,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$6,959,325
|
$6,959,325
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
|
(11) Board of Veterinary Medical Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$2,655
|
$2,655
|
|
|
Operating Expenses
|
$0
|
$0
|
$56,624
|
$56,624
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$59,279
|
$59,279
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(12) Pulse Crops Council - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,200
|
$1,200
|
|
|
Operating Expenses
|
$0
|
$0
|
$27,200
|
$27,200
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$28,400
|
$28,400
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(13) State Fair
|
|
|
Personal Services
|
$0
|
$0
|
$935,647
|
$935,647
|
|
|
Operating Expenses
|
$323,539
|
$0
|
$2,290,289
|
$2,613,828
|
|
|
|
|
|
|
|
|
|
Total
|
$323,539
|
$0
|
$3,225,936
|
$3,549,475
|
|
|
F.T.E.
|
|
|
|
19.5
|
|
|
|
|
|
|
|
|
(14) DEPARTMENT TOTAL, DEPARTMENT OF AGRICULTURE...............
|
|
|
Personal Services
|
$5,500,369
|
$3,201,437
|
$5,131,119
|
$13,832,925
|
|
|
Operating Expenses
|
$1,939,623
|
$3,776,414
|
$30,909,839
|
$36,625,876
|
|
|
|
|
|
|
|
|
|
Total
|
$7,439,992
|
$6,977,851
|
$36,040,958
|
$50,458,801
|
|
|
F.T.E.
|
|
|
|
223.9
|
|
|
|
|
|
|
|
|
SECTION 9. DEPARTMENT OF TOURISM
|
|
(1) Tourism
|
|
|
Personal Services
|
$0
|
$0
|
$1,993,834
|
$1,993,834
|
|
|
Operating Expenses
|
$0
|
$0
|
$13,724,841
|
$13,724,841
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$15,718,675
|
$15,718,675
|
|
|
F.T.E.
|
|
|
|
33.7
|
|
|
|
|
|
|
|
|
(2) Arts
|
|
|
Personal Services
|
$0
|
$0
|
$268,839
|
$268,839
|
|
|
Operating Expenses
|
$0
|
$878,000
|
$679,021
|
$1,557,021
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$878,000
|
$947,860
|
$1,825,860
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
(3) DEPARTMENT TOTAL, DEPARTMENT OF TOURISM
|
|
|
Personal Services
|
$0
|
$0
|
$2,262,673
|
$2,262,673
|
|
|
Operating Expenses
|
$0
|
$878,000
|
$14,403,862
|
$15,281,862
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$878,000
|
$16,666,535
|
$17,544,535
|
|
|
F.T.E.
|
|
|
|
36.7
|
|
|
|
|
|
|
|
|
SECTION 10. DEPARTMENT OF GAME, FISH AND PARKS
|
|
(1) Administration, Secretary of Game, Fish and Parks
|
|
|
Personal Services
|
$138,708
|
$0
|
$2,123,374
|
$2,262,082
|
|
|
Operating Expenses
|
$824,882
|
$0
|
$1,153,769
|
$1,978,651
|
|
|
|
|
|
|
|
|
|
Total
|
$963,590
|
$0
|
$3,277,143
|
$4,240,733
|
|
|
F.T.E.
|
|
|
|
27.6
|
|
|
|
|
|
|
|
|
(2) Wildlife - Informational
|
|
|
Personal Services
|
$0
|
$4,209,722
|
$14,963,745
|
$19,173,467
|
|
|
Operating Expenses
|
$0
|
$13,702,941
|
$16,007,880
|
$29,710,821
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$17,912,663
|
$30,971,625
|
$48,884,288
|
|
|
F.T.E.
|
|
|
|
294.0
|
|
|
|
|
|
|
|
|
(3) Wildlife, Development, and Improvement - Informational
|
|
|
Operating Expenses
|
$0
|
$2,775,570
|
$904,775
|
$3,680,345
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$2,775,570
|
$904,775
|
$3,680,345
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(4) State Parks and Recreation
|
|
|
Personal Services
|
$2,733,293
|
$947,236
|
$7,255,539
|
$10,936,068
|
|
|
Operating Expenses
|
$2,465,824
|
$2,758,743
|
$9,074,957
|
$14,299,524
|
|
|
|
|
|
|
|
|
|
Total
|
$5,199,117
|
$3,705,979
|
$16,330,496
|
$25,235,592
|
|
|
F.T.E.
|
|
|
|
248.2
|
|
|
|
|
|
|
|
|
(5) State Parks and Recreation - Development and Improvement
|
|
|
Personal Services
|
$0
|
$0
|
$0
|
$0
|
|
|
Operating Expenses
|
$0
|
$3,185,750
|
$6,600,000
|
$9,785,750
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$3,185,750
|
$6,600,000
|
$9,785,750
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(6) Snowmobile Trails - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$397,814
|
$397,814
|
|
|
Operating Expenses
|
$0
|
$0
|
$909,385
|
$909,385
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,307,199
|
$1,307,199
|
|
|
F.T.E.
|
|
|
|
9.1
|
|
|
|
|
|
|
|
|
(7) DEPARTMENT TOTAL, DEPARTMENT OF GAME, FISH AND PARKS
|
|
|
Personal Services
|
$2,872,001
|
$5,156,958
|
$24,740,472
|
$32,769,431
|
|
|
Operating Expenses
|
$3,290,706
|
$22,423,004
|
$34,650,766
|
$60,364,476
|
|
|
|
|
|
|
|
|
|
Total
|
$6,162,707
|
$27,579,962
|
$59,391,238
|
$93,133,907
|
|
|
F.T.E.
|
|
|
|
578.9
|
|
|
|
|
|
|
|
|
SECTION 11. DEPARTMENT OF TRIBAL RELATIONS
|
|
(1) Office of Tribal Relations
|
|
|
Personal Services
|
$426,277
|
$0
|
$0
|
$426,277
|
|
|
Operating Expenses
|
$99,664
|
$0
|
$20,000
|
$119,664
|
|
|
|
|
|
|
|
|
|
Total
|
$525,941
|
$0
|
$20,000
|
$545,941
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
(2) DEPARTMENT TOTAL, DEPARTMENT OF TRIBAL RELATIONS
|
|
|
Personal Services
|
$426,277
|
$0
|
$0
|
$426,277
|
|
|
Operating Expenses
|
$99,664
|
$0
|
$20,000
|
$119,664
|
|
|
|
|
|
|
|
|
|
Total
|
$525,941
|
$0
|
$20,000
|
$545,941
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
SECTION 12. DEPARTMENT OF SOCIAL SERVICES
|
|
(1) Administration, Secretary of Social Services
|
|
|
Personal Services
|
$4,324,220
|
$5,634,584
|
$10,453
|
$9,969,257
|
|
|
Operating Expenses
|
$4,669,892
|
$10,988,161
|
$9,451
|
$15,667,504
|
|
|
|
|
|
|
|
|
|
Total
|
$8,994,112
|
$16,622,745
|
$19,904
|
$25,636,761
|
|
|
F.T.E.
|
|
|
|
176.7
|
|
|
|
|
|
|
|
|
(2) Economic Assistance
|
|
|
Personal Services
|
$8,219,927
|
$11,887,832
|
$24,304
|
$20,132,063
|
|
|
Operating Expenses
|
$17,631,603
|
$65,469,444
|
$317,023
|
$83,418,070
|
|
|
|
|
|
|
|
|
|
Total
|
$25,851,530
|
$77,357,276
|
$341,327
|
$103,550,133
|
|
|
F.T.E.
|
|
|
|
320.5
|
|
|
|
|
|
|
|
|
(3) Medical Services
|
|
|
Personal Services
|
$869,623
|
$2,554,085
|
$0
|
$3,423,708
|
|
|
Operating Expenses
|
$230,543,367
|
$417,237,050
|
$280,701
|
$648,061,118
|
|
|
|
|
|
|
|
|
|
Total
|
$231,412,990
|
$419,791,135
|
$280,701
|
$651,484,826
|
|
|
F.T.E.
|
|
|
|
52.0
|
|
|
|
|
|
|
|
|
(4) Children's Services
|
|
|
Personal Services
|
$12,500,531
|
$9,974,794
|
$1,741,862
|
$24,217,187
|
|
|
Operating Expenses
|
$35,322,302
|
$38,705,073
|
$3,063,314
|
$77,090,689
|
|
|
|
|
|
|
|
|
|
Total
|
$47,822,833
|
$48,679,867
|
$4,805,176
|
$101,307,876
|
|
|
F.T.E.
|
|
|
|
359.8
|
|
|
|
|
|
|
|
|
(5) Behavioral Health
|
|
|
Personal Services
|
$33,087,854
|
$8,164,414
|
$2,011,602
|
$43,263,870
|
|
|
Operating Expenses
|
$51,496,862
|
$29,550,243
|
$1,413,790
|
$82,460,895
|
|
|
|
|
|
|
|
|
|
Total
|
$84,584,716
|
$37,714,657
|
$3,425,392
|
$125,724,765
|
|
|
F.T.E.
|
|
|
|
636.0
|
|
|
|
|
|
|
|
|
(6) Board of Counselor Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$3,068
|
$3,068
|
|
|
Operating Expenses
|
$0
|
$0
|
$90,083
|
$90,083
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$93,151
|
$93,151
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(7) Board of Psychology Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$3,819
|
$3,819
|
|
|
Operating Expenses
|
$0
|
$0
|
$73,307
|
$73,307
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$77,126
|
$77,126
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(8) Board of Social Work Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$3,135
|
$3,135
|
|
|
Operating Expenses
|
$0
|
$0
|
$98,747
|
$98,747
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$101,882
|
$101,882
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(9) Board of Addiction and Prevention Professionals - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$112,236
|
$112,236
|
|
|
Operating Expenses
|
$0
|
$0
|
$58,194
|
$58,194
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$170,430
|
$170,430
|
|
|
F.T.E.
|
|
|
|
1.3
|
|
|
|
|
|
|
|
|
(10) DEPARTMENT TOTAL, DEPARTMENT OF SOCIAL SERVICES
|
|
|
Personal Services
|
$59,002,155
|
$38,215,709
|
$3,910,479
|
$101,128,343
|
|
|
Operating Expenses
|
$339,664,026
|
$561,949,971
|
$5,404,610
|
$907,018,607
|
|
|
|
|
|
|
|
|
|
Total
|
$398,666,181
|
$600,165,680
|
$9,315,089
|
$1,008,146,950
|
|
|
F.T.E.
|
|
|
|
1,546.3
|
|
|
|
|
|
|
|
|
SECTION 13. DEPARTMENT OF HEALTH
|
|
(1) Administration, Secretary of Health
|
|
|
Personal Services
|
$764,042
|
$1,074,896
|
$639,709
|
$2,478,647
|
|
|
Operating Expenses
|
$219,888
|
$712,750
|
$875,455
|
$1,808,093
|
|
|
|
|
|
|
|
|
|
Total
|
$983,930
|
$1,787,646
|
$1,515,164
|
$4,286,740
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
|
(2) Health Systems Development and Regulation
|
|
|
Personal Services
|
$2,138,613
|
$3,574,935
|
$65,889
|
$5,779,437
|
|
|
Operating Expenses
|
$1,627,151
|
$7,044,074
|
$1,150,152
|
$9,821,377
|
|
|
|
|
|
|
|
|
|
Total
|
$3,765,764
|
$10,619,009
|
$1,216,041
|
$15,600,814
|
|
|
F.T.E.
|
|
|
|
70.0
|
|
|
|
|
|
|
|
|
(3) Family and Community Health
|
|
|
Personal Services
|
$2,262,359
|
$10,315,131
|
$1,368,901
|
$13,946,391
|
|
|
Operating Expenses
|
$2,031,737
|
$15,847,971
|
$5,323,452
|
$23,203,160
|
|
|
|
|
|
|
|
|
|
Total
|
$4,294,096
|
$26,163,102
|
$6,692,353
|
$37,149,551
|
|
|
F.T.E.
|
|
|
|
191.5
|
|
|
|
|
|
|
|
|
(4) Laboratory Services
|
|
|
Personal Services
|
$0
|
$628,472
|
$1,567,380
|
$2,195,852
|
|
|
Operating Expenses
|
$0
|
$2,715,348
|
$1,928,525
|
$4,643,873
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$3,343,820
|
$3,495,905
|
$6,839,725
|
|
|
F.T.E.
|
|
|
|
29.0
|
|
|
|
|
|
|
|
|
(5) Correctional Health
|
|
|
Personal Services
|
$0
|
$0
|
$7,354,628
|
$7,354,628
|
|
|
Operating Expenses
|
$0
|
$0
|
$17,190,617
|
$17,190,617
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$24,545,245
|
$24,545,245
|
|
|
F.T.E.
|
|
|
|
92.9
|
|
|
|
|
|
|
|
|
(6) Tobacco Prevention
|
|
|
Personal Services
|
$0
|
$247,873
|
$0
|
$247,873
|
|
|
Operating Expenses
|
$0
|
$1,315,157
|
$4,500,215
|
$5,815,372
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$1,563,030
|
$4,500,215
|
$6,063,245
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
(7) Board of Chiropractic Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$64,504
|
$64,504
|
|
|
Operating Expenses
|
$0
|
$0
|
$48,489
|
$48,489
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$112,993
|
$112,993
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
|
(8) Board of Dentistry - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$7,263
|
$7,263
|
|
|
Operating Expenses
|
$0
|
$0
|
$350,917
|
$350,917
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$358,180
|
$358,180
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(9) Board of Hearing Aid Dispensers and Audiologists - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,215
|
$1,215
|
|
|
Operating Expenses
|
$0
|
$0
|
$25,815
|
$25,815
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$27,030
|
$27,030
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(10) Board of Funeral Service - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$9,417
|
$9,417
|
|
|
Operating Expenses
|
$0
|
$0
|
$64,496
|
$64,496
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$73,913
|
$73,913
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(11) Board of Medical and Osteopathic Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$422,166
|
$422,166
|
|
|
Operating Expenses
|
$0
|
$0
|
$616,972
|
$616,972
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,039,138
|
$1,039,138
|
|
|
F.T.E.
|
|
|
|
8.0
|
|
|
|
|
|
|
|
|
(12) Board of Nursing - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$669,730
|
$669,730
|
|
|
Operating Expenses
|
$0
|
$0
|
$783,293
|
$783,293
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,453,023
|
$1,453,023
|
|
|
F.T.E.
|
|
|
|
9.0
|
|
|
|
|
|
|
|
|
(13) Board of Nursing Home Administrators - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$2,356
|
$2,356
|
|
|
Operating Expenses
|
$0
|
$0
|
$58,636
|
$58,636
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$60,992
|
$60,992
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(14) Board of Examiners in Optometry - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,124
|
$1,124
|
|
|
Operating Expenses
|
$0
|
$0
|
$70,850
|
$70,850
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$71,974
|
$71,974
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(15) Board of Pharmacy - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$509,093
|
$509,093
|
|
|
Operating Expenses
|
$0
|
$0
|
$649,308
|
$649,308
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,158,401
|
$1,158,401
|
|
|
F.T.E.
|
|
|
|
6.4
|
|
|
|
|
|
|
|
|
(16) Board of Podiatry Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$288
|
$288
|
|
|
Operating Expenses
|
$0
|
$0
|
$21,222
|
$21,222
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$21,510
|
$21,510
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(17) Board of Massage Therapy - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$830
|
$830
|
|
|
Operating Expenses
|
$0
|
$0
|
$66,170
|
$66,170
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$67,000
|
$67,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(18) Board of Examiners for Speech Language Pathology - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,128
|
$1,128
|
|
|
Operating Expenses
|
$0
|
$0
|
$45,128
|
$45,128
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$46,256
|
$46,256
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(19) Board of Certified Professional Midwives - Informational
|
|
|
Operating Expenses
|
$0
|
$0
|
$20,000
|
$20,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$20,000
|
$20,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(20) DEPARTMENT TOTAL, DEPARTMENT OF HEALTH
|
|
|
Personal Services
|
$5,165,014
|
$15,841,307
|
$12,685,621
|
$33,691,942
|
|
|
Operating Expenses
|
$3,878,776
|
$27,635,300
|
$33,789,712
|
$65,303,788
|
|
|
|
|
|
|
|
|
|
Total
|
$9,043,790
|
$43,476,607
|
$46,475,333
|
$98,995,730
|
|
|
F.T.E.
|
|
|
|
443.8
|
|
|
|
|
|
|
|
|
SECTION 14. DEPARTMENT OF LABOR AND REGULATION
|
|
(1) Administration, Secretary of Labor
|
|
|
Personal Services
|
$40,503
|
$3,290,789
|
$176,599
|
$3,507,891
|
|
|
Operating Expenses
|
$518,040
|
$7,778,249
|
$137,086
|
$8,433,375
|
|
|
|
|
|
|
|
|
|
Total
|
$558,543
|
$11,069,038
|
$313,685
|
$11,941,266
|
|
|
F.T.E.
|
|
|
|
52.6
|
|
|
|
|
|
|
|
|
(2) Unemployment Insurance Service
|
|
|
Personal Services
|
$0
|
$4,178,467
|
$0
|
$4,178,467
|
|
|
Operating Expenses
|
$0
|
$2,635,559
|
$0
|
$2,635,559
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$6,814,026
|
$0
|
$6,814,026
|
|
|
F.T.E.
|
|
|
|
74.0
|
|
|
|
|
|
|
|
|
(3) Field Operations
|
|
|
Personal Services
|
$541,440
|
$9,503,588
|
$0
|
$10,045,028
|
|
|
Operating Expenses
|
$114,798
|
$2,572,292
|
$0
|
$2,687,090
|
|
|
|
|
|
|
|
|
|
Total
|
$656,238
|
$12,075,880
|
$0
|
$12,732,118
|
|
|
F.T.E.
|
|
|
|
166.0
|
|
|
|
|
|
|
|
|
(4) State Labor Law Administration
|
|
|
Personal Services
|
$628,709
|
$236,836
|
$255,162
|
$1,120,707
|
|
|
Operating Expenses
|
$97,528
|
$60,996
|
$246,444
|
$404,968
|
|
|
|
|
|
|
|
|
|
Total
|
$726,237
|
$297,832
|
$501,606
|
$1,525,675
|
|
|
F.T.E.
|
|
|
|
15.3
|
|
|
|
|
|
|
|
|
(5) Board of Accountancy - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$154,304
|
$154,304
|
|
|
Operating Expenses
|
$0
|
$0
|
$176,076
|
$176,076
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$330,380
|
$330,380
|
|
|
F.T.E.
|
|
|
|
2.6
|
|
|
|
|
|
|
|
|
(6) Board of Barber Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$4,495
|
$4,495
|
|
|
Operating Expenses
|
$0
|
$0
|
$26,567
|
$26,567
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$31,062
|
$31,062
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(7) Cosmetology Commission - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$200,604
|
$200,604
|
|
|
Operating Expenses
|
$0
|
$0
|
$124,274
|
$124,274
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$324,878
|
$324,878
|
|
|
F.T.E.
|
|
|
|
3.7
|
|
|
|
|
|
|
|
|
(8) Plumbing Commission - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$427,865
|
$427,865
|
|
|
Operating Expenses
|
$0
|
$0
|
$201,921
|
$201,921
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$629,786
|
$629,786
|
|
|
F.T.E.
|
|
|
|
7.1
|
|
|
|
|
|
|
|
|
(9) Board of Technical Professions - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$198,651
|
$198,651
|
|
|
Operating Expenses
|
$0
|
$0
|
$183,670
|
$183,670
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$382,321
|
$382,321
|
|
|
F.T.E.
|
|
|
|
3.6
|
|
|
|
|
|
|
|
|
(10) Electrical Commission - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$1,436,260
|
$1,436,260
|
|
|
Operating Expenses
|
$0
|
$0
|
$498,698
|
$498,698
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,934,958
|
$1,934,958
|
|
|
F.T.E.
|
|
|
|
23.1
|
|
|
|
|
|
|
|
|
(11) Real Estate Commission - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$358,038
|
$358,038
|
|
|
Operating Expenses
|
$0
|
$0
|
$231,150
|
$231,150
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$589,188
|
$589,188
|
|
|
F.T.E.
|
|
|
|
5.1
|
|
|
|
|
|
|
|
|
(12) Abstracters Board of Examiners - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$7,221
|
$7,221
|
|
|
Operating Expenses
|
$0
|
$0
|
$38,610
|
$38,610
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$45,831
|
$45,831
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(13) South Dakota Athletic Commission - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$10,556
|
$10,556
|
|
|
Operating Expenses
|
$0
|
$0
|
$47,370
|
$47,370
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$57,926
|
$57,926
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(14) Banking
|
|
|
Personal Services
|
$0
|
$0
|
$2,973,073
|
$2,973,073
|
|
|
Operating Expenses
|
$0
|
$0
|
$926,015
|
$926,015
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,899,088
|
$3,899,088
|
|
|
F.T.E.
|
|
|
|
34.5
|
|
|
|
|
|
|
|
|
(15) Trust Captive Insurance Company - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$18,485
|
$18,485
|
|
|
Operating Expenses
|
$0
|
$0
|
$154,561
|
$154,561
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$173,046
|
$173,046
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(16) Insurance
|
|
|
Personal Services
|
$0
|
$20,482
|
$2,521,001
|
$2,541,483
|
|
|
Operating Expenses
|
$0
|
$20,000
|
$827,939
|
$847,939
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$40,482
|
$3,348,940
|
$3,389,422
|
|
|
F.T.E.
|
|
|
|
37.7
|
|
|
|
|
|
|
|
|
(17) DEPARTMENT TOTAL, DEPARTMENT OF LABOR AND REGULATION
|
|
|
Personal Services
|
$1,210,652
|
$17,230,162
|
$8,742,314
|
$27,183,128
|
|
|
Operating Expenses
|
$730,366
|
$13,067,096
|
$3,820,381
|
$17,617,843
|
|
|
|
|
|
|
|
|
|
Total
|
$1,941,018
|
$30,297,258
|
$12,562,695
|
$44,800,971
|
|
|
F.T.E.
|
|
|
|
425.3
|
|
|
|
|
|
|
|
|
SECTION 15. DEPARTMENT OF TRANSPORTATION
|
|
(1) General Operations
|
|
|
Personal Services
|
$522,668
|
$11,345,533
|
$60,002,356
|
$71,870,557
|
|
|
Operating Expenses
|
$25,502
|
$30,121,451
|
$95,286,998
|
$125,433,951
|
|
|
|
|
|
|
|
|
|
Total
|
$548,170
|
$41,466,984
|
$155,289,354
|
$197,304,508
|
|
|
F.T.E.
|
|
|
|
1,014.3
|
|
|
|
|
|
|
|
|
(2) Construction Contracts - Informational
|
|
|
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, DEPARTMENT OF TRANSPORTATION
|
|
|
Personal Services
|
$522,668
|
$11,345,533
|
$60,002,356
|
$71,870,557
|
|
|
Operating Expenses
|
$25,502
|
$377,190,324
|
$239,831,283
|
$617,047,109
|
|
|
|
|
|
|
|
|
|
Total
|
$548,170
|
$388,535,857
|
$299,833,639
|
$688,917,666
|
|
|
F.T.E.
|
|
|
|
1,014.3
|
|
|
|
|
|
|
|
|
SECTION 16. DEPARTMENT OF EDUCATION
|
|
(1) Administration, Secretary of Education
|
|
|
Personal Services
|
$1,602,243
|
$962,841
|
$77,013
|
$2,642,097
|
|
|
Operating Expenses
|
$1,069,278
|
$3,698,184
|
$136,137
|
$4,903,599
|
|
|
|
|
|
|
|
|
|
Total
|
$2,671,521
|
$4,661,025
|
$213,150
|
$7,545,696
|
|
|
F.T.E.
|
|
|
|
35.0
|
|
|
|
|
|
|
|
|
(2) Workforce Education Fund
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,125,000
|
$1,125,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,125,000
|
$1,125,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(3) State Aid to General Education
|
|
|
Operating Expenses
|
$467,381,046
|
$0
|
$0
|
$467,381,046
|
|
|
|
|
|
|
|
|
|
Total
|
$467,381,046
|
$0
|
$0
|
$467,381,046
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(4) State Aid to Special Education
|
|
|
Operating Expenses
|
$68,548,042
|
$0
|
$0
|
$68,548,042
|
|
|
|
|
|
|
|
|
|
Total
|
$68,548,042
|
$0
|
$0
|
$68,548,042
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(5) Sparsity Payments
|
|
|
Operating Expenses
|
$2,011,464
|
$0
|
$0
|
$2,011,464
|
|
|
|
|
|
|
|
|
|
Total
|
$2,011,464
|
$0
|
$0
|
$2,011,464
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(6) National Board Certified Teachers and Counselors
|
|
|
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
|
|
|
Operating Expenses
|
$12,237,948
|
$0
|
$1,875,633
|
$14,113,581
|
|
|
|
|
|
|
|
|
|
Total
|
$12,237,948
|
$0
|
$1,875,633
|
$14,113,581
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(8) Postsecondary Vocational Education
|
|
|
Personal Services
|
$234,356
|
$0
|
$43,645
|
$278,001
|
|
|
Operating Expenses
|
$23,380,382
|
$0
|
$138,472
|
$23,518,854
|
|
|
|
|
|
|
|
|
|
Total
|
$23,614,738
|
$0
|
$182,117
|
$23,796,855
|
|
|
F.T.E.
|
|
|
|
2.0
|
|
|
|
|
|
|
|
|
(9) Postsecondary Voc Ed Tuition Assistance
|
|
|
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 Enhancement
|
|
|
Operating Expenses
|
$3,030,000
|
$0
|
$0
|
$3,030,000
|
|
|
|
|
|
|
|
|
|
Total
|
$3,030,000
|
$0
|
$0
|
$3,030,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(11) Education Resources
|
|
|
Personal Services
|
$2,072,591
|
$3,638,054
|
$377,246
|
$6,087,891
|
|
|
Operating Expenses
|
$7,646,672
|
$175,478,098
|
$604,572
|
$183,729,342
|
|
|
|
|
|
|
|
|
|
Total
|
$9,719,263
|
$179,116,152
|
$981,818
|
$189,817,233
|
|
|
F.T.E.
|
|
|
|
83.5
|
|
|
|
|
|
|
|
|
(12) History
|
|
|
Personal Services
|
$991,957
|
$417,857
|
$1,342,732
|
$2,752,546
|
|
|
Operating Expenses
|
$1,232,555
|
$805,823
|
$998,812
|
$3,037,190
|
|
|
|
|
|
|
|
|
|
Total
|
$2,224,512
|
$1,223,680
|
$2,341,544
|
$5,789,736
|
|
|
F.T.E.
|
|
|
|
44.0
|
|
|
|
|
|
|
|
|
(13) Library Services
|
|
|
Personal Services
|
$1,057,659
|
$355,382
|
$0
|
$1,413,041
|
|
|
Operating Expenses
|
$863,830
|
$892,291
|
$27,900
|
$1,784,021
|
|
|
|
|
|
|
|
|
|
Total
|
$1,921,489
|
$1,247,673
|
$27,900
|
$3,197,062
|
|
|
F.T.E.
|
|
|
|
22.5
|
|
|
|
|
|
|
|
|
(14) DEPARTMENT TOTAL, DEPARTMENT OF EDUCATION
|
|
|
Personal Services
|
$5,958,806
|
$5,374,134
|
$1,840,636
|
$13,173,576
|
|
|
Operating Expenses
|
$589,383,037
|
$180,874,396
|
$4,906,526
|
$775,163,959
|
|
|
|
|
|
|
|
|
|
Total
|
$595,341,843
|
$186,248,530
|
$6,747,162
|
$788,337,535
|
|
|
F.T.E.
|
|
|
|
187.0
|
|
|
|
|
|
|
|
|
SECTION 17. DEPARTMENT OF PUBLIC SAFETY
|
|
(1) Administration, Secretary of Public Safety
|
|
|
Personal Services
|
$131,555
|
$162,586
|
$693,947
|
$988,088
|
|
|
Operating Expenses
|
$14,624
|
$4,250
|
$129,750
|
$148,624
|
|
|
|
|
|
|
|
|
|
Total
|
$146,179
|
$166,836
|
$823,697
|
$1,136,712
|
|
|
F.T.E.
|
|
|
|
10.5
|
|
|
|
|
|
|
|
|
(2) Highway Patrol
|
|
|
Personal Services
|
$599,930
|
$1,584,954
|
$17,354,940
|
$19,539,824
|
|
|
Operating Expenses
|
$759,653
|
$5,673,388
|
$7,419,972
|
$13,853,013
|
|
|
|
|
|
|
|
|
|
Total
|
$1,359,583
|
$7,258,342
|
$24,774,912
|
$33,392,837
|
|
|
F.T.E.
|
|
|
|
275.0
|
|
|
|
|
|
|
|
|
(3) Emergency Services & Homeland Security
|
|
|
Personal Services
|
$1,000,085
|
$1,451,508
|
$74,874
|
$2,526,467
|
|
|
Operating Expenses
|
$377,295
|
$8,014,755
|
$234,264
|
$8,626,314
|
|
|
|
|
|
|
|
|
|
Total
|
$1,377,380
|
$9,466,263
|
$309,138
|
$11,152,781
|
|
|
F.T.E.
|
|
|
|
30.5
|
|
|
|
|
|
|
|
|
(4) Legal and Regulatory Services
|
|
|
Personal Services
|
$183,118
|
$160,056
|
$4,963,505
|
$5,306,679
|
|
|
Operating Expenses
|
$1,323,980
|
$8,459,728
|
$3,521,261
|
$13,304,969
|
|
|
|
|
|
|
|
|
|
Total
|
$1,507,098
|
$8,619,784
|
$8,484,766
|
$18,611,648
|
|
|
F.T.E.
|
|
|
|
101.5
|
|
|
|
|
|
|
|
|
(5) 911 Coordination Board - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$112,966
|
$112,966
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,795,734
|
$3,795,734
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,908,700
|
$3,908,700
|
|
|
F.T.E.
|
|
|
|
1.0
|
|
|
|
|
|
|
|
|
(6) DEPARTMENT TOTAL, DEPARTMENT OF PUBLIC SAFETY
|
|
|
Personal Services
|
$1,914,688
|
$3,359,104
|
$23,200,232
|
$28,474,024
|
|
|
Operating Expenses
|
$2,475,552
|
$22,152,121
|
$15,100,981
|
$39,728,654
|
|
|
|
|
|
|
|
|
|
Total
|
$4,390,240
|
$25,511,225
|
$38,301,213
|
$68,202,678
|
|
|
F.T.E.
|
|
|
|
418.5
|
|
|
|
|
|
|
|
|
SECTION 18. BOARD OF REGENTS
|
|
(1) Board of Regents Central Office
|
|
|
Personal Services
|
$4,501,684
|
$0
|
$1,874,129
|
$6,375,813
|
|
|
Operating Expenses
|
$14,981,739
|
$574,447
|
$47,544,089
|
$63,100,275
|
|
|
|
|
|
|
|
|
|
Total
|
$19,483,423
|
$574,447
|
$49,418,218
|
$69,476,088
|
|
|
F.T.E.
|
|
|
|
70.3
|
|
|
|
|
|
|
|
|
(2) Research Pool
|
|
|
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
|
|
|
Operating Expenses
|
$6,720,046
|
$0
|
$0
|
$6,720,046
|
|
|
|
|
|
|
|
|
|
Total
|
$6,720,046
|
$0
|
$0
|
$6,720,046
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(4) University of South Dakota
|
|
|
Personal Services
|
$31,833,009
|
$6,408,753
|
$51,325,695
|
$89,567,457
|
|
|
Operating Expenses
|
$3,281,890
|
$2,428,465
|
$44,574,506
|
$50,284,861
|
|
|
|
|
|
|
|
|
|
Total
|
$35,114,899
|
$8,837,218
|
$95,900,201
|
$139,852,318
|
|
|
F.T.E.
|
|
|
|
1,079.9
|
|
|
|
|
|
|
|
|
(5) University of South Dakota Law School
|
|
|
Personal Services
|
$1,570,706
|
$70,044
|
$2,236,593
|
$3,877,343
|
|
|
Operating Expenses
|
$205,240
|
$2,483
|
$828,511
|
$1,036,234
|
|
|
|
|
|
|
|
|
|
Total
|
$1,775,946
|
$72,527
|
$3,065,104
|
$4,913,577
|
|
|
F.T.E.
|
|
|
|
33.3
|
|
|
|
|
|
|
|
|
(6) University of South Dakota School of Medicine
|
|
|
Personal Services
|
$19,411,937
|
$4,700,533
|
$12,205,990
|
$36,318,460
|
|
|
Operating Expenses
|
$3,382,445
|
$6,581,558
|
$10,890,906
|
$20,854,909
|
|
|
|
|
|
|
|
|
|
Total
|
$22,794,382
|
$11,282,091
|
$23,096,896
|
$57,173,369
|
|
|
F.T.E.
|
|
|
|
326.5
|
|
|
|
|
|
|
|
|
(7) South Dakota State University
|
|
|
Personal Services
|
$41,625,885
|
$9,400,000
|
$94,888,282
|
$145,914,167
|
|
|
Operating Expenses
|
$5,463,199
|
$14,600,000
|
$79,154,433
|
$99,217,632
|
|
|
|
|
|
|
|
|
|
Total
|
$47,089,084
|
$24,000,000
|
$174,042,715
|
$245,131,799
|
|
|
F.T.E.
|
|
|
|
1,647.7
|
|
|
|
|
|
|
|
|
(8) SDSU Extension
|
|
|
Personal Services
|
$8,314,279
|
$2,978,015
|
$1,014,113
|
$12,306,407
|
|
|
Operating Expenses
|
$79,152
|
$3,027,811
|
$1,011,053
|
$4,118,016
|
|
|
|
|
|
|
|
|
|
Total
|
$8,393,431
|
$6,005,826
|
$2,025,166
|
$16,424,423
|
|
|
F.T.E.
|
|
|
|
190.4
|
|
|
|
|
|
|
|
|
(9) Agricultural Experiment Station
|
|
|
Personal Services
|
$11,671,476
|
$4,897,846
|
$4,783,901
|
$21,353,223
|
|
|
Operating Expenses
|
$627,155
|
$5,960,000
|
$9,151,544
|
$15,738,699
|
|
|
|
|
|
|
|
|
|
Total
|
$12,298,631
|
$10,857,846
|
$13,935,445
|
$37,091,922
|
|
|
F.T.E.
|
|
|
|
241.3
|
|
|
|
|
|
|
|
|
(10) SD School of Mines and Technology
|
|
|
Personal Services
|
$15,839,619
|
$6,694,897
|
$22,501,885
|
$45,036,401
|
|
|
Operating Expenses
|
$945,713
|
$8,528,272
|
$18,739,957
|
$28,213,942
|
|
|
|
|
|
|
|
|
|
Total
|
$16,785,332
|
$15,223,169
|
$41,241,842
|
$73,250,343
|
|
|
F.T.E.
|
|
|
|
433.4
|
|
|
|
|
|
|
|
|
(11) Northern State University
|
|
|
Personal Services
|
$13,655,976
|
$1,407,280
|
$13,014,654
|
$28,077,910
|
|
|
Operating Expenses
|
$1,029,910
|
$572,574
|
$11,656,163
|
$13,258,647
|
|
|
|
|
|
|
|
|
|
Total
|
$14,685,886
|
$1,979,854
|
$24,670,817
|
$41,336,557
|
|
|
F.T.E.
|
|
|
|
363.0
|
|
|
|
|
|
|
|
|
(12) Black Hills State University
|
|
|
Personal Services
|
$8,934,040
|
$1,562,387
|
$20,353,696
|
$30,850,123
|
|
|
Operating Expenses
|
$741,622
|
$2,714,780
|
$13,920,315
|
$17,376,717
|
|
|
|
|
|
|
|
|
|
Total
|
$9,675,662
|
$4,277,167
|
$34,274,011
|
$48,226,840
|
|
|
F.T.E.
|
|
|
|
418.5
|
|
|
|
|
|
|
|
|
(13) Dakota State University
|
|
|
Personal Services
|
$9,172,586
|
$1,179,603
|
$16,529,880
|
$26,882,069
|
|
|
Operating Expenses
|
$570,667
|
$1,807,953
|
$11,972,223
|
$14,350,843
|
|
|
|
|
|
|
|
|
|
Total
|
$9,743,253
|
$2,987,556
|
$28,502,103
|
$41,232,912
|
|
|
F.T.E.
|
|
|
|
291.8
|
|
|
|
|
|
|
|
|
(14) SD School for the Deaf
|
|
|
Personal Services
|
$1,859,599
|
$0
|
$0
|
$1,859,599
|
|
|
Operating Expenses
|
$1,012,893
|
$0
|
$667,256
|
$1,680,149
|
|
|
|
|
|
|
|
|
|
Total
|
$2,872,492
|
$0
|
$667,256
|
$3,539,748
|
|
|
F.T.E.
|
|
|
|
24.5
|
|
|
|
|
|
|
|
|
(15) SD School for the Blind and Visually Impaired
|
|
|
Personal Services
|
$2,734,709
|
$34,307
|
$195,000
|
$2,964,016
|
|
|
Operating Expenses
|
$311,968
|
$37,119
|
$299,799
|
$648,886
|
|
|
|
|
|
|
|
|
|
Total
|
$3,046,677
|
$71,426
|
$494,799
|
$3,612,902
|
|
|
F.T.E.
|
|
|
|
48.6
|
|
|
|
|
|
|
|
|
(16) DEPARTMENT TOTAL, BOARD OF REGENTS
|
|
|
Personal Services
|
$171,125,505
|
$39,333,665
|
$240,923,818
|
$451,382,988
|
|
|
Operating Expenses
|
$40,353,639
|
$46,835,462
|
$250,410,755
|
$337,599,856
|
|
|
|
|
|
|
|
|
|
Total
|
$211,479,144
|
$86,169,127
|
$491,334,573
|
$788,982,844
|
|
|
F.T.E.
|
|
|
|
5,169.2
|
|
|
|
|
|
|
|
|
SECTION 19. DEPARTMENT OF THE MILITARY
|
|
(1) Adjutant General
|
|
|
Personal Services
|
$433,247
|
$0
|
$0
|
$433,247
|
|
|
Operating Expenses
|
$132,955
|
$10,306
|
$29,254
|
$172,515
|
|
|
|
|
|
|
|
|
|
Total
|
$566,202
|
$10,306
|
$29,254
|
$605,762
|
|
|
F.T.E.
|
|
|
|
5.3
|
|
|
|
|
|
|
|
|
(2) Army Guard
|
|
|
Personal Services
|
$415,042
|
$3,113,934
|
$0
|
$3,528,976
|
|
|
Operating Expenses
|
$2,742,003
|
$12,684,957
|
$0
|
$15,426,960
|
|
|
|
|
|
|
|
|
|
Total
|
$3,157,045
|
$15,798,891
|
$0
|
$18,955,936
|
|
|
F.T.E.
|
|
|
|
63.1
|
|
|
|
|
|
|
|
|
(3) Air Guard
|
|
|
Personal Services
|
$202,725
|
$2,832,193
|
$0
|
$3,034,918
|
|
|
Operating Expenses
|
$234,687
|
$2,678,761
|
$0
|
$2,913,448
|
|
|
|
|
|
|
|
|
|
Total
|
$437,412
|
$5,510,954
|
$0
|
$5,948,366
|
|
|
F.T.E.
|
|
|
|
48.0
|
|
|
|
|
|
|
|
|
(4) DEPARTMENT TOTAL, DEPARTMENT OF THE MILITARY
|
|
|
Personal Services
|
$1,051,014
|
$5,946,127
|
$0
|
$6,997,141
|
|
|
Operating Expenses
|
$3,109,645
|
$15,374,024
|
$29,254
|
$18,512,923
|
|
|
|
|
|
|
|
|
|
Total
|
$4,160,659
|
$21,320,151
|
$29,254
|
$25,510,064
|
|
|
F.T.E.
|
|
|
|
116.4
|
|
|
|
|
|
|
|
|
SECTION 20. DEPARTMENT OF VETERANS' AFFAIRS
|
|
(1) Veterans' Benefits and Services
|
|
|
Personal Services
|
$1,141,644
|
$157,332
|
$0
|
$1,298,976
|
|
|
Operating Expenses
|
$455,291
|
$48,557
|
$61,000
|
$564,848
|
|
|
|
|
|
|
|
|
|
Total
|
$1,596,935
|
$205,889
|
$61,000
|
$1,863,824
|
|
|
F.T.E.
|
|
|
|
20.0
|
|
|
|
|
|
|
|
|
(2) State Veterans' Home
|
|
|
Personal Services
|
$2,534,599
|
$3,274,704
|
$952,685
|
$6,761,988
|
|
|
Operating Expenses
|
$0
|
$0
|
$3,209,528
|
$3,209,528
|
|
|
|
|
|
|
|
|
|
Total
|
$2,534,599
|
$3,274,704
|
$4,162,213
|
$9,971,516
|
|
|
F.T.E.
|
|
|
|
118.2
|
|
|
|
|
|
|
|
|
(3) State Veterans' Cemetery
|
|
|
Operating Expenses
|
$150,000
|
$0
|
$0
|
$150,000
|
|
|
|
|
|
|
|
|
|
Total
|
$150,000
|
$0
|
$0
|
$150,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(4) DEPARTMENT TOTAL, DEPARTMENT OF VETERANS' AFFAIRS
|
|
|
Personal Services
|
$3,676,243
|
$3,432,036
|
$952,685
|
$8,060,964
|
|
|
Operating Expenses
|
$605,291
|
$48,557
|
$3,270,528
|
$3,924,376
|
|
|
|
|
|
|
|
|
|
Total
|
$4,281,534
|
$3,480,593
|
$4,223,213
|
$11,985,340
|
|
|
F.T.E.
|
|
|
|
138.2
|
|
|
|
|
|
|
|
|
SECTION 21. DEPARTMENT OF CORRECTIONS
|
|
(1) Administration, Corrections Central Office
|
|
|
Personal Services
|
$1,699,779
|
$102,771
|
$0
|
$1,802,550
|
|
|
Operating Expenses
|
$1,171,234
|
$866,539
|
$0
|
$2,037,773
|
|
|
|
|
|
|
|
|
|
Total
|
$2,871,013
|
$969,310
|
$0
|
$3,840,323
|
|
|
F.T.E.
|
|
|
|
22.0
|
|
|
|
|
|
|
|
|
(2) Mike Durfee State Prison
|
|
|
Personal Services
|
$11,974,364
|
$114,643
|
$0
|
$12,089,007
|
|
|
Operating Expenses
|
$6,516,007
|
$56,414
|
$0
|
$6,572,421
|
|
|
|
|
|
|
|
|
|
Total
|
$18,490,371
|
$171,057
|
$0
|
$18,661,428
|
|
|
F.T.E.
|
|
|
|
206.0
|
|
|
|
|
|
|
|
|
(3) State Penitentiary
|
|
|
Personal Services
|
$17,818,225
|
$114,326
|
$0
|
$17,932,551
|
|
|
Operating Expenses
|
$6,648,422
|
$64,747
|
$0
|
$6,713,169
|
|
|
|
|
|
|
|
|
|
Total
|
$24,466,647
|
$179,073
|
$0
|
$24,645,720
|
|
|
F.T.E.
|
|
|
|
304.0
|
|
|
|
|
|
|
|
|
(4) Women's Prison
|
|
|
Personal Services
|
$3,981,182
|
$59,664
|
$0
|
$4,040,846
|
|
|
Operating Expenses
|
$1,828,176
|
$21,655
|
$0
|
$1,849,831
|
|
|
|
|
|
|
|
|
|
Total
|
$5,809,358
|
$81,319
|
$0
|
$5,890,677
|
|
|
F.T.E.
|
|
|
|
69.0
|
|
|
|
|
|
|
|
|
(5) Pheasantland Industries
|
|
|
Personal Services
|
$0
|
$0
|
$1,036,691
|
$1,036,691
|
|
|
Operating Expenses
|
$0
|
$0
|
$2,427,686
|
$2,427,686
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$3,464,377
|
$3,464,377
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
(6) Inmate Services
|
|
|
Personal Services
|
$2,933,671
|
$80,710
|
$0
|
$3,014,381
|
|
|
Operating Expenses
|
$29,352,607
|
$995,534
|
$0
|
$30,348,141
|
|
|
|
|
|
|
|
|
|
Total
|
$32,286,278
|
$1,076,244
|
$0
|
$33,362,522
|
|
|
F.T.E.
|
|
|
|
48.0
|
|
|
|
|
|
|
|
|
(7) Parole Services
|
|
|
Personal Services
|
$3,691,094
|
$0
|
$0
|
$3,691,094
|
|
|
Operating Expenses
|
$2,029,790
|
$0
|
$0
|
$2,029,790
|
|
|
|
|
|
|
|
|
|
Total
|
$5,720,884
|
$0
|
$0
|
$5,720,884
|
|
|
F.T.E.
|
|
|
|
59.0
|
|
|
|
|
|
|
|
|
(8) Juvenile Community Corrections
|
|
|
Personal Services
|
$2,119,299
|
$0
|
$0
|
$2,119,299
|
|
|
Operating Expenses
|
$10,280,349
|
$3,511,186
|
$0
|
$13,791,535
|
|
|
|
|
|
|
|
|
|
Total
|
$12,399,648
|
$3,511,186
|
$0
|
$15,910,834
|
|
|
F.T.E.
|
|
|
|
32.0
|
|
|
|
|
|
|
|
|
(9) DEPARTMENT TOTAL, DEPARTMENT OF CORRECTIONS
|
|
|
Personal Services
|
$44,217,614
|
$472,114
|
$1,036,691
|
$45,726,419
|
|
|
Operating Expenses
|
$57,826,585
|
$5,516,075
|
$2,427,686
|
$65,770,346
|
|
|
|
|
|
|
|
|
|
Total
|
$102,044,199
|
$5,988,189
|
$3,464,377
|
$111,496,765
|
|
|
F.T.E.
|
|
|
|
756.0
|
|
|
|
|
|
|
|
|
SECTION 22. DEPARTMENT OF HUMAN SERVICES
|
|
(1) Administration, Secretary of Human Services
|
|
|
Personal Services
|
$804,369
|
$821,767
|
$0
|
$1,626,136
|
|
|
Operating Expenses
|
$311,775
|
$164,248
|
$1,430
|
$477,453
|
|
|
|
|
|
|
|
|
|
Total
|
$1,116,144
|
$986,015
|
$1,430
|
$2,103,589
|
|
|
F.T.E.
|
|
|
|
23.0
|
|
|
|
|
|
|
|
|
(2) Developmental Disabilities
|
|
|
Personal Services
|
$721,670
|
$733,169
|
$0
|
$1,454,839
|
|
|
Operating Expenses
|
$60,018,078
|
$82,990,339
|
$5,591,583
|
$148,600,000
|
|
|
|
|
|
|
|
|
|
Total
|
$60,739,748
|
$83,723,508
|
$5,591,583
|
$150,054,839
|
|
|
F.T.E.
|
|
|
|
20.5
|
|
|
|
|
|
|
|
|
(3) South Dakota Developmental Center - Redfield
|
|
|
Personal Services
|
$8,600,315
|
$11,162,885
|
$0
|
$19,763,200
|
|
|
Operating Expenses
|
$2,272,183
|
$2,756,091
|
$857,224
|
$5,885,498
|
|
|
|
|
|
|
|
|
|
Total
|
$10,872,498
|
$13,918,976
|
$857,224
|
$25,648,698
|
|
|
F.T.E.
|
|
|
|
352.6
|
|
|
|
|
|
|
|
|
(4) Long Term Services and Supports
|
|
|
Personal Services
|
$2,447,160
|
$4,367,632
|
$24,338
|
$6,839,130
|
|
|
Operating Expenses
|
$85,708,176
|
$106,338,255
|
$815,542
|
$192,861,973
|
|
|
|
|
|
|
|
|
|
Total
|
$88,155,336
|
$110,705,887
|
$839,880
|
$199,701,103
|
|
|
F.T.E.
|
|
|
|
99.0
|
|
|
|
|
|
|
|
|
(5) Rehabilitation Services
|
|
|
Personal Services
|
$894,565
|
$5,719,702
|
$0
|
$6,614,267
|
|
|
Operating Expenses
|
$3,967,352
|
$13,115,248
|
$2,351,015
|
$19,433,615
|
|
|
|
|
|
|
|
|
|
Total
|
$4,861,917
|
$18,834,950
|
$2,351,015
|
$26,047,882
|
|
|
F.T.E.
|
|
|
|
102.1
|
|
|
|
|
|
|
|
|
(6) Telecommunication Devices for the Deaf
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,301,680
|
$1,301,680
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,301,680
|
$1,301,680
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(7) Service to the Blind and Visually Impaired
|
|
|
Personal Services
|
$507,451
|
$1,260,983
|
$184,803
|
$1,953,237
|
|
|
Operating Expenses
|
$463,046
|
$1,409,185
|
$303,425
|
$2,175,656
|
|
|
|
|
|
|
|
|
|
Total
|
$970,497
|
$2,670,168
|
$488,228
|
$4,128,893
|
|
|
F.T.E.
|
|
|
|
29.2
|
|
|
|
|
|
|
|
|
(8) DEPARTMENT TOTAL, DEPARTMENT OF HUMAN SERVICES
|
|
|
Personal Services
|
$13,975,530
|
$24,066,138
|
$209,141
|
$38,250,809
|
|
|
Operating Expenses
|
$152,740,610
|
$206,773,366
|
$11,221,899
|
$370,735,875
|
|
|
|
|
|
|
|
|
|
Total
|
$166,716,140
|
$230,839,504
|
$11,431,040
|
$408,986,684
|
|
|
F.T.E.
|
|
|
|
626.4
|
|
|
|
|
|
|
|
|
SECTION 23. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
|
|
(1) Financial and Technical Assistance
|
|
|
Personal Services
|
$2,202,188
|
$1,691,253
|
$744,188
|
$4,637,629
|
|
|
Operating Expenses
|
$357,855
|
$626,705
|
$288,614
|
$1,273,174
|
|
|
|
|
|
|
|
|
|
Total
|
$2,560,043
|
$2,317,958
|
$1,032,802
|
$5,910,803
|
|
|
F.T.E.
|
|
|
|
56.5
|
|
|
|
|
|
|
|
|
(2) Environmental Services
|
|
|
Personal Services
|
$3,475,843
|
$3,896,494
|
$2,606,374
|
$9,978,711
|
|
|
Operating Expenses
|
$598,755
|
$2,128,344
|
$880,254
|
$3,607,353
|
|
|
|
|
|
|
|
|
|
Total
|
$4,074,598
|
$6,024,838
|
$3,486,628
|
$13,586,064
|
|
|
F.T.E.
|
|
|
|
119.0
|
|
|
|
|
|
|
|
|
(3) Regulated Response Fund - Informational
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,750,001
|
$1,750,001
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$1,750,001
|
$1,750,001
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(4) Livestock Cleanup Fund - Informational
|
|
|
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
|
$413,662
|
$413,662
|
|
|
Operating Expenses
|
$0
|
$0
|
$70,550
|
$70,550
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$484,212
|
$484,212
|
|
|
F.T.E.
|
|
|
|
5.0
|
|
|
|
|
|
|
|
|
(6) Petroleum Release Compensation - Informational
|
|
|
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, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
|
|
|
Personal Services
|
$5,678,031
|
$5,587,747
|
$3,764,224
|
$15,030,002
|
|
|
Operating Expenses
|
$956,610
|
$2,755,049
|
$5,854,419
|
$9,566,078
|
|
|
|
|
|
|
|
|
|
Total
|
$6,634,641
|
$8,342,796
|
$9,618,643
|
$24,596,080
|
|
|
F.T.E.
|
|
|
|
180.5
|
|
|
|
|
|
|
|
|
SECTION 24. SOUTH DAKOTA RETIREMENT SYSTEM
|
|
(1) South Dakota Retirement System
|
|
|
Personal Services
|
$0
|
$0
|
$2,611,873
|
$2,611,873
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,913,766
|
$1,913,766
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,525,639
|
$4,525,639
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
|
(2) DEPARTMENT TOTAL, SOUTH DAKOTA RETIREMENT SYSTEM
|
|
|
Personal Services
|
$0
|
$0
|
$2,611,873
|
$2,611,873
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,913,766
|
$1,913,766
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$4,525,639
|
$4,525,639
|
|
|
F.T.E.
|
|
|
|
33.0
|
|
|
|
|
|
|
|
|
SECTION 25. PUBLIC UTILITIES COMMISSION
|
|
(1) Public Utilities Commission (PUC)
|
|
|
Personal Services
|
$524,164
|
$159,736
|
$2,335,351
|
$3,019,251
|
|
|
Operating Expenses
|
$53,705
|
$70,236
|
$1,633,245
|
$1,757,186
|
|
|
|
|
|
|
|
|
|
Total
|
$577,869
|
$229,972
|
$3,968,596
|
$4,776,437
|
|
|
F.T.E.
|
|
|
|
31.2
|
|
|
|
|
|
|
|
|
(2) DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION
|
|
|
Personal Services
|
$524,164
|
$159,736
|
$2,335,351
|
$3,019,251
|
|
|
Operating Expenses
|
$53,705
|
$70,236
|
$1,633,245
|
$1,757,186
|
|
|
|
|
|
|
|
|
|
Total
|
$577,869
|
$229,972
|
$3,968,596
|
$4,776,437
|
|
|
F.T.E.
|
|
|
|
31.2
|
|
|
|
|
|
|
|
|
SECTION 26. UNIFIED JUDICIAL SYSTEM
|
|
(1) State Bar Association - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$241,032
|
$241,032
|
|
|
Operating Expenses
|
$0
|
$0
|
$334,689
|
$334,689
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$575,721
|
$575,721
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
(2) Unified Judicial System
|
|
|
Personal Services
|
$39,830,656
|
$403,731
|
$2,696,065
|
$42,930,452
|
|
|
Operating Expenses
|
$4,846,124
|
$415,173
|
$6,549,432
|
$11,810,729
|
|
|
|
|
|
|
|
|
|
Total
|
$44,676,780
|
$818,904
|
$9,245,497
|
$54,741,181
|
|
|
F.T.E.
|
|
|
|
579.4
|
|
|
|
|
|
|
|
|
(3) Equal Access To Our Courts
|
|
|
Operating Expenses
|
$0
|
$0
|
$200,000
|
$200,000
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$200,000
|
$200,000
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(4) DEPARTMENT TOTAL, UNIFIED JUDICIAL SYSTEM
|
|
|
Personal Services
|
$39,830,656
|
$403,731
|
$2,937,097
|
$43,171,484
|
|
|
Operating Expenses
|
$4,846,124
|
$415,173
|
$7,084,121
|
$12,345,418
|
|
|
|
|
|
|
|
|
|
Total
|
$44,676,780
|
$818,904
|
$10,021,218
|
$55,516,902
|
|
|
F.T.E.
|
|
|
|
582.4
|
|
|
|
|
|
|
|
|
SECTION 27. LEGISLATIVE BRANCH
|
|
(1) Legislative Operations
|
|
|
Single Line Item Appropriation
|
$6,805,998
|
$0
|
$0
|
$6,805,998
|
|
|
|
|
|
|
|
|
|
Total
|
$6,805,998
|
$0
|
$0
|
$6,805,998
|
|
|
F.T.E.
|
|
|
|
31.6
|
|
|
|
|
|
|
|
|
(2) Legislative Priority Pilot Program Contingency Fund
|
|
|
Single Line Item Appropriation
|
$0
|
$0
|
$755,040
|
$755,040
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$755,040
|
$755,040
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(3) Auditor General
|
|
|
Personal Services
|
$3,346,624
|
$0
|
$0
|
$3,346,624
|
|
|
Operating Expenses
|
$371,960
|
$0
|
$0
|
$371,960
|
|
|
|
|
|
|
|
|
|
Total
|
$3,718,584
|
$0
|
$0
|
$3,718,584
|
|
|
F.T.E.
|
|
|
|
40.0
|
|
|
|
|
|
|
|
|
(4) DEPARTMENT TOTAL, LEGISLATIVE BRANCH
|
|
|
Personal Services
|
$3,346,624
|
$0
|
$0
|
$3,346,624
|
|
|
Operating Expenses
|
$371,960
|
$0
|
$0
|
$371,960
|
|
|
Single Line Item Appropriation
|
$6,805,998
|
$0
|
$755,040
|
$7,561,038
|
|
|
|
|
|
|
|
|
|
Total
|
$10,524,582
|
$0
|
$755,040
|
$11,279,622
|
|
|
F.T.E.
|
|
|
|
71.6
|
|
|
|
|
|
|
|
|
SECTION 28. OFFICE OF THE ATTORNEY GENERAL
|
|
(1) Legal Services Program
|
|
|
Personal Services
|
$4,465,667
|
$340,630
|
$1,495,847
|
$6,302,144
|
|
|
Operating Expenses
|
$597,483
|
$491,871
|
$1,059,403
|
$2,148,757
|
|
|
|
|
|
|
|
|
|
Total
|
$5,063,150
|
$832,501
|
$2,555,250
|
$8,450,901
|
|
|
F.T.E.
|
|
|
|
70.0
|
|
|
|
|
|
|
|
|
(2) Criminal Investigation
|
|
|
Personal Services
|
$4,516,896
|
$1,136,812
|
$2,863,338
|
$8,517,046
|
|
|
Operating Expenses
|
$1,432,576
|
$2,052,759
|
$2,902,668
|
$6,388,003
|
|
|
|
|
|
|
|
|
|
Total
|
$5,949,472
|
$3,189,571
|
$5,766,006
|
$14,905,049
|
|
|
F.T.E.
|
|
|
|
100.5
|
|
|
|
|
|
|
|
|
(3) Law Enforcement Training
|
|
|
Personal Services
|
$0
|
$0
|
$859,986
|
$859,986
|
|
|
Operating Expenses
|
$498,079
|
$0
|
$1,094,814
|
$1,592,893
|
|
|
|
|
|
|
|
|
|
Total
|
$498,079
|
$0
|
$1,954,800
|
$2,452,879
|
|
|
F.T.E.
|
|
|
|
13.5
|
|
|
|
|
|
|
|
|
(4) 911 Training
|
|
|
Personal Services
|
$0
|
$0
|
$128,807
|
$128,807
|
|
|
Operating Expenses
|
$0
|
$0
|
$99,723
|
$99,723
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$228,530
|
$228,530
|
|
|
F.T.E.
|
|
|
|
2.0
|
|
|
|
|
|
|
|
|
(5) Insurance Fraud Unit - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$193,615
|
$193,615
|
|
|
Operating Expenses
|
$0
|
$0
|
$71,515
|
$71,515
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$265,130
|
$265,130
|
|
|
F.T.E.
|
|
|
|
3.0
|
|
|
|
|
|
|
|
|
(6) DEPARTMENT TOTAL, OFFICE OF THE ATTORNEY GENERAL
|
|
|
Personal Services
|
$8,982,563
|
$1,477,442
|
$5,541,593
|
$16,001,598
|
|
|
Operating Expenses
|
$2,528,138
|
$2,544,630
|
$5,228,123
|
$10,300,891
|
|
|
|
|
|
|
|
|
|
Total
|
$11,510,701
|
$4,022,072
|
$10,769,716
|
$26,302,489
|
|
|
F.T.E.
|
|
|
|
189.0
|
|
|
|
|
|
|
|
|
SECTION 29. SCHOOL AND PUBLIC LANDS
|
|
(1) Administration of School and Public Lands
|
|
|
Personal Services
|
$416,237
|
$0
|
$28,373
|
$444,610
|
|
|
Operating Expenses
|
$142,468
|
$0
|
$296,627
|
$439,095
|
|
|
|
|
|
|
|
|
|
Total
|
$558,705
|
$0
|
$325,000
|
$883,705
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
(2) DEPARTMENT TOTAL, SCHOOL AND PUBLIC LANDS
|
|
|
Personal Services
|
$416,237
|
$0
|
$28,373
|
$444,610
|
|
|
Operating Expenses
|
$142,468
|
$0
|
$296,627
|
$439,095
|
|
|
|
|
|
|
|
|
|
Total
|
$558,705
|
$0
|
$325,000
|
$883,705
|
|
|
F.T.E.
|
|
|
|
6.0
|
|
|
|
|
|
|
|
|
SECTION 30. SECRETARY OF STATE
|
|
(1) Secretary of State
|
|
|
Personal Services
|
$673,343
|
$88,178
|
$315,618
|
$1,077,139
|
|
|
Operating Expenses
|
$381,841
|
$1,212,019
|
$359,249
|
$1,953,109
|
|
|
|
|
|
|
|
|
|
Total
|
$1,055,184
|
$1,300,197
|
$674,867
|
$3,030,248
|
|
|
F.T.E.
|
|
|
|
15.6
|
|
|
|
|
|
|
|
|
(2) DEPARTMENT TOTAL, SECRETARY OF STATE
|
|
|
Personal Services
|
$673,343
|
$88,178
|
$315,618
|
$1,077,139
|
|
|
Operating Expenses
|
$381,841
|
$1,212,019
|
$359,249
|
$1,953,109
|
|
|
|
|
|
|
|
|
|
Total
|
$1,055,184
|
$1,300,197
|
$674,867
|
$3,030,248
|
|
|
F.T.E.
|
|
|
|
15.6
|
|
|
|
|
|
|
|
|
SECTION 31. STATE TREASURER
|
|
(1) Treasury Management
|
|
|
Personal Services
|
$395,182
|
$0
|
$0
|
$395,182
|
|
|
Operating Expenses
|
$147,351
|
$0
|
$0
|
$147,351
|
|
|
|
|
|
|
|
|
|
Total
|
$542,533
|
$0
|
$0
|
$542,533
|
|
|
F.T.E.
|
|
|
|
5.2
|
|
|
|
|
|
|
|
|
(2) Unclaimed Property - Informational
|
|
|
Personal Services
|
$0
|
$0
|
$296,898
|
$296,898
|
|
|
Operating Expenses
|
$0
|
$0
|
$28,623,845
|
$28,623,845
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$28,920,743
|
$28,920,743
|
|
|
F.T.E.
|
|
|
|
3.8
|
|
|
|
|
|
|
|
|
(3) Investment of State Funds
|
|
|
Personal Services
|
$0
|
$0
|
$6,803,180
|
$6,803,180
|
|
|
Operating Expenses
|
$0
|
$0
|
$1,994,888
|
$1,994,888
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$8,798,068
|
$8,798,068
|
|
|
F.T.E.
|
|
|
|
34.3
|
|
|
|
|
|
|
|
|
(4) Performance Based Compensation
|
|
|
Personal Services
|
$0
|
$0
|
$11,302,056
|
$11,302,056
|
|
|
|
|
|
|
|
|
|
Total
|
$0
|
$0
|
$11,302,056
|
$11,302,056
|
|
|
F.T.E.
|
|
|
|
0.0
|
|
|
|
|
|
|
|
|
(5) DEPARTMENT TOTAL, STATE TREASURER
|
|
|
Personal Services
|
$395,182
|
$0
|
$18,402,134
|
$18,797,316
|
|
|
Operating Expenses
|
$147,351
|
$0
|
$30,618,733
|
$30,766,084
|
|
|
|
|
|
|
|
|
|
Total
|
$542,533
|
$0
|
$49,020,867
|
$49,563,400
|
|
|
F.T.E.
|
|
|
|
43.3
|
|
|
|
|
|
|
|
|
SECTION 32. STATE AUDITOR
|
|
(1) State Auditor
|
|
|
Personal Services
|
$1,137,254
|
$0
|
$0
|
$1,137,254
|
|
|
Operating Expenses
|
$151,205
|
$0
|
$0
|
$151,205
|
|
|
|
|
|
|
|
|
|
Total
|
$1,288,459
|
$0
|
$0
|
$1,288,459
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
(2) DEPARTMENT TOTAL, STATE AUDITOR
|
|
|
Personal Services
|
$1,137,254
|
$0
|
$0
|
$1,137,254
|
|
|
Operating Expenses
|
$151,205
|
$0
|
$0
|
$151,205
|
|
|
|
|
|
|
|
|
|
Total
|
$1,288,459
|
$0
|
$0
|
$1,288,459
|
|
|
F.T.E.
|
|
|
|
16.0
|
|
|
|
|
|
|
|
|
SECTION 33. STATE TOTAL
|
|
|
Personal Services
|
$392,388,478
|
$185,167,465
|
$491,124,423
|
$1,068,680,366
|
|
|
Operating Expenses
|
$1,234,633,866
|
$1,502,780,527
|
$874,324,098
|
$3,611,738,491
|
|
|
Single Line Item Appropriation
|
$6,805,998
|
$0
|
$755,040
|
$7,561,038
|
|
|
|
|
|
|
|
|
|
Total
|
$1,633,828,342
|
$1,687,947,992
|
$1,366,203,561
|
$4,687,979,895
|
|
|
F.T.E.
|
|
|
|
13,906.9
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Section 34. 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
|
$3,259,837
|
|
Governor's Office Operations
|
$108,255
|
|
From the game, fish and parks fund:
|
|
|
Radio Communications Operations
|
$359,817
|
|
From the game, fish and parks administrative revolving fund:
|
|
Governor's Office Operations
|
$18,228
|
|
From the motor vehicle fund:
|
|
|
Radio Communications Operations
|
$572,221
|
Section 35. The state treasurer shall transfer to the state general fund two million dollars
($2,000,000) from the veterans home operating fund created by § 33A-4-24.
Section 36. 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 37. 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 38. 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 39. The state treasurer shall transfer to the state animal disease research and diagnostic
laboratory bond redemption and operations fund three million three hundred fifty thousand dollars
($3,350,000) from the state general fund.
Section 40. The South Dakota Housing Development Authority shall transfer to the South
Dakota housing opportunity fund one million five hundred thousand dollars ($1,500,000) from the
homeownership mortgage bonds fund.
Section 41. The state treasurer shall transfer to the precision agriculture fund nine hundred
thousand dollars ($900,000) from the state general fund.
Section 42. All members of state boards, councils, commissions, and advisory bodies listed in
this section, or created by law during the Ninety-third and Ninety-fourth 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 2019 & 2020
|
|
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 Enhancement Funding Corporation
|
$ 0
|
|
Educational Telecommunications, Board of Directors for
|
$60
|
|
Health and Education Facilities Authority
|
$ 0
|
|
Health Care Solutions Coalition
|
$ 0
|
|
Housing Development Authority
|
$75
|
|
Internal Control, State Board of
|
$ 0
|
|
Public Safety Communications Council
|
$ 0
|
|
Records Destruction Board
|
$ 0
|
|
Research and Commercialization Council
|
$ 0
|
|
Science and Technology Authority, Board of
|
$75
|
|
SD Ellsworth Authority
|
$ 0
|
|
REVENUE
|
|
|
Gaming, Commission on
|
$75
|
|
SD Lottery Commission
|
$75
|
|
AGRICULTURE
|
|
|
American Dairy Association of SD
|
$60
|
|
Animal Industry Board
|
$60
|
|
Brand Board
|
$60
|
|
Corn Utilization Council
|
$60
|
|
Nutrient Research and Education Council
|
$ 0
|
|
Oilseeds Council
|
$60
|
|
Seed Certification Board
|
$ 0
|
|
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
|
|
|
Boundary Waters Commission - SD - MN
|
$ 0
|
|
Game, Fish, and Parks Commission
|
$75
|
|
Governor's Commission on Ft. Sisseton
|
$ 0
|
|
SD Recreation Trail Advisory Board
|
$ 0
|
|
SD Snowmobile Advisory Council
|
$ 0
|
|
TRIBAL RELATIONS
|
|
|
SD Geographic Names, Board of
|
$ 0
|
|
SOCIAL SERVICES
|
|
|
Behavioral Health Advisory Council
|
$ 0
|
|
Board of Addiction and Prevention Professionals
|
$60
|
|
Commission on Child Support
|
$ 0
|
|
Counselor and Marriage and Family Therapists Examiners, Board of
|
$60
|
|
Human Services Center Advisory Board
|
$ 0
|
|
Medicaid Pharmaceutical and Therapeutics Committee
|
$60
|
|
Medical Advisory Committee
|
$ 0
|
|
Psychology Examiners, Board of
|
$60
|
|
Social Services, Board of
|
$60
|
|
Social Workers Examiners, Board of
|
$60
|
|
Visitation Grant Advisory Group
|
$ 0
|
|
HEALTH
|
|
|
Certified Professional Midwives, Board of
|
$60
|
|
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 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 Examiners, Board of
|
$60
|
|
Pharmacy, Board of
|
$60
|
|
Preventive Health and Human Services Block Grant Advisory
Committee
|
$ 0
|
|
Podiatry Examiners, Board of
|
$60
|
|
Prescription Opioid Abuse Advisory Committee
|
$ 0
|
|
Ryan White Care Council
|
$ 0
|
|
Sexual Violence Prevention Planning Committee
|
$ 0
|
|
Speech Language Pathology Examiners, Board of
|
$60
|
|
Tobacco Prevention Advisory Committee
|
$ 0
|
|
PUBLIC SAFETY
|
|
|
Crime Victims Compensation Board
|
$60
|
|
Fire Marshal's Advisory Board
|
$ 0
|
|
SD Homeland Security Senior Advisory Committee
|
$ 0
|
|
SD 9-1-1 Coordination Board
|
$ 0
|
|
TRANSPORTATION
|
|
|
Aeronautics Commission
|
$60
|
|
Railroad Board, SD
|
$60
|
|
Transportation Commission, State
|
$75
|
|
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
|
|
Teacher Compensation Review Board
|
$60
|
|
Title III Coordinators Advisory Panel
|
$ 0
|
|
Technical Education, Board of
|
$75
|
|
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
|
|
Public Deposit Protection Commission
|
$ 0
|
|
Real Estate Commission
|
$60
|
|
SD Athletic Commission
|
$60
|
|
SD Work Force Development Council
|
$60
|
|
State Workers' Compensation Advisory Council
|
$ 0
|
|
Technical Professions, Board of
|
$60
|
|
Unemployment Insurance Advisory Council
|
$60
|
|
REGENTS
|
|
|
Critical Teaching Needs Scholarship Board
|
$ 0
|
Deaf or Hard-of-Hearing Language Development Milestones
Advisory Committee
|
$ 0
|
|
Regents, Board of
|
$75
|
|
MILITARY
|
|
|
Military Affairs, Board of
|
$60
|
|
VETERANS AFFAIRS
|
|
|
Veterans' Commission
|
$60
|
|
CORRECTIONS
|
|
|
Corrections Commission
|
$ 0
|
|
Council of Juvenile Services
|
$ 0
|
|
Interstate Adult Supervision, State Council for
|
$ 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
|
|
|
Aging, Advisory Council on
|
$60
|
|
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
|
|
SD RETIREMENT SYSTEM
|
|
|
SD Retirement Board of Trustees
|
$75
|
|
PUBLIC UTILITIES COMMISSION
|
|
|
One Call Notification Board
|
$ 0
|
|
UNIFIED JUDICIAL SYSTEM
|
|
|
Court Appointed Special Advocate Commission
|
$60
|
|
Equal Access to Our Courts, Commission on
|
$ 0
|
|
Interstate Commission for Juveniles, Council for the
|
$ 0
|
|
Judicial Qualifications Commission
|
$60
|
|
Juvenile Justice Public Safety Improvement Act Oversight Council
|
$ 0
|
Oversight Council for Improving Criminal Justice Responses for
Persons with Mental Illness
|
$ 0
|
|
Public Safety Improvement Act Oversight Council
|
$ 0
|
|
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
|
|
Government Accountability Board
The salary or per diem compensation for members of the Government
Accountability Board is set by § 3-24-1.
|
|
Law Enforcement Officers Standards Commission
|
$60
|
|
Open Meeting Commission
|
$60
|
|
SCHOOL AND PUBLIC LANDS
|
|
|
Appraisal, Board of
|
$ 0
|
|
SECRETARY OF STATE
|
|
|
Elections, State Board of
|
$60
|
|
Finance, Board of
|
$ 0
|
|
Help America Vote Act Board
|
$ 0
|
|
STATE TREASURER
|
|
|
Investment Council
|
$75
|
|
Public Deposit Protection Commission
|
$ 0
|
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\036.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\037.wpd
CHAPTER 37
(HB 1044)
Revise the General Appropriations Act for fiscal year 2018.
ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2018.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 2 of chapter 33 of the 2017 Session Laws be amended to read:
GOVERNOR'S OFFICE
(1) Office of the Governor
Operating Expenses, General Funds, delete "$445,067" and insert "$445,443"
(12) Lt. Governor
Operating Expenses, General Funds, delete "$13,268" and insert "$13,280"
Section 2. That section 3 of chapter 33 of the 2017 Session Laws be amended to read:
BUREAU OF FINANCE AND MANAGEMENT (BFM)
(1) Bureau of Finance and Management
Operating Expenses, General Funds, delete "$244,607" and insert "$245,374"
Operating Expenses, Other Funds, delete "$2,488,248" and insert "$2,526,830"
(5) Employee Compensation and Billing Pools
Personal Services, General Funds, delete "$420,113" and insert "$5,890,734"
Personal Services, Federal Funds, delete "$200,790" and insert "$2,288,312"
Personal Services, Other Funds, delete "$451,790" and insert "$4,189,953"
Operating Expenses, General Funds, delete "$218,911" and insert "$447,858"
Operating Expenses, Federal Funds, delete "$91,105" and insert "$189,614"
Operating Expenses, Other Funds, delete "$187,217" and insert "$366,385"
Section 3. That section 4 of chapter 33 of the 2017 Session Laws be amended to read:
BUREAU OF ADMINISTRATION (BOA)
(6) Obligation Recovery Center
Operating Expenses, General Funds, delete "$450,000" and insert "$770,000"
Section 4. That section 5 of chapter 33 of the 2017 Session Laws be amended to read:
BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)
(1) Data Centers
Operating Expenses, Other Funds, delete "$4,416,363" and insert "$4,421,443"
(2) Development
Operating Expenses, Other Funds, delete "$2,216,011" and insert "$2,226,647"
(3) Telecommunications Services
Operating Expenses, Other Funds, delete "$10,969,202" and insert "$10,975,294"
(4) South Dakota Public Broadcasting
Operating Expenses, General Funds, delete "$1,259,461" and insert "$1,262,190"
Operating Expenses, Other Funds, delete "$2,749,692" and insert "$2,752,559"
(5) BIT Administration
Operating Expenses, Other Funds, delete "$324,514" and insert "$326,284"
(6) State Radio Engineering
Operating Expenses, General Funds, delete "$2,293,588" and insert "$2,594,411"
Operating Expenses, Federal Funds, delete "$91,573" and insert "$91,636"
Section 5. That section 8 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF AGRICULTURE...............
(4) Animal Industry Board
Operating Expenses, Other Funds, delete "$141,642" and insert "$3,491,355"
Section 6. That section 10 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF GAME, FISH AND PARKS
(1) Administration, Secretary of Game, Fish and Parks
Operating Expenses, Other Funds, delete "$1,142,473" and insert "$1,146,377"
(2) Wildlife - Informational
Operating Expenses, Other Funds, delete "$15,490,307" and insert "$15,518,003"
(4) State Parks and Recreation
Operating Expenses, Federal Funds, delete "$2,673,766" and insert "$2,673,818"
Operating Expenses, Other Funds, delete "$8,541,062" and insert "$8,546,786"
(6) Snowmobile Trails - Informational
Operating Expenses, Other Funds, delete "$931,111" and insert "$931,359"
Section 7. That section 11 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF TRIBAL RELATIONS
(1) Office of Tribal Relations
Operating Expenses, General Funds, delete "$98,872" and insert "$99,220"
Section 8. That section 12 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF SOCIAL SERVICES
(1) Administration, Secretary of Social Services
Operating Expenses, General Funds, delete "$4,681,343" and insert "$4,827,122"
Operating Expenses, Federal Funds, delete "$10,993,782" and insert "$11,215,977"
(2) Economic Assistance
Operating Expenses, General Funds, delete "$17,380,471" and insert "$16,498,583"
Operating Expenses, Federal Funds, delete "$48,640,469" and insert "$48,464,745"
Operating Expenses, Other Funds, delete "$317,023" and insert "$1,087,622"
(3) Medical and Adult Services
Personal Services, General Funds, delete "$3,298,769" and insert "$3,498,769"
Operating Expenses, General Funds, delete "$316,115,592" and insert "$304,738,720"
Operating Expenses, Federal Funds, delete "$505,567,852" and insert "$504,002,472"
Operating Expenses, Other Funds, delete "$1,626,148" and insert "$4,626,209"
(4) Children's Services
Operating Expenses, General Funds, delete "$32,602,266" and insert "$30,195,690"
Operating Expenses, Federal Funds, delete "$37,842,688" and insert "$43,243,359"
(5) Behavioral Health
Personal Services, General Funds, delete "$31,864,181" and insert "$31,962,676"
Personal Services, Other Funds, delete "$1,737,131" and insert "$1,880,472"
Operating Expenses, General Funds, delete "$48,911,224" and insert "$48,031,367"
Operating Expenses, Federal Funds, delete "$27,865,692" and insert "$28,340,709"
Operating Expenses, Other Funds, delete "$1,406,841" and insert "$1,409,450"
F.T.E, delete "636.0" and insert "637.5"
Section 9. That section 13 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF HEALTH
(1) Administration, Secretary of Health
Operating Expenses, General Funds, delete "$213,777" and insert "$215,705"
Operating Expenses, Federal Funds, delete "$697,133" and insert "$697,420"
Operating Expenses, Other Funds, delete "$875,473" and insert "$877,022"
(2) Health Systems Development and Regulation
Operating Expenses, General Funds, delete "$1,446,676" and insert "$1,449,370"
Operating Expenses, Federal Funds, delete "$6,810,906" and insert "$6,814,907"
Operating Expenses, Other Funds, delete "$3,100,155" and insert "$3,100,815"
(3) Family and Community Health
Personal Services, Federal Funds, delete "$10,302,648" and insert "$10,377,648"
Personal Services, Other Funds, delete "$1,366,631" and insert "$1,291,631"
Operating Expenses, General Funds, delete "$1,890,927" and insert "$1,895,674"
Operating Expenses, Federal Funds, delete "$14,546,382" and insert "$14,566,636"
Operating Expenses, Other Funds, delete "$4,773,441" and insert "$4,778,260"
(4) Laboratory Services
Operating Expenses, Federal Funds, delete "$2,713,775" and insert "$2,713,892"
Operating Expenses, Other Funds, delete "$1,925,061" and insert "$1,927,983"
(5) Correctional Health
Personal Services, Other Funds, delete "$7,346,842" and insert "$7,696,842"
Operating Expenses, Other Funds, delete "$16,118,597" and insert "$16,101,311"
(6) Tobacco Prevention
Operating Expenses, Federal Funds, delete "$1,315,025" and insert "$1,315,245"
Section 10. That section 14 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF LABOR AND REGULATION
(1) Administration, Secretary of Labor
Operating Expenses, General Funds, delete "$618,040" and insert "$619,172"
Operating Expenses, Federal Funds, delete "$8,188,728" and insert "$8,031,256"
Operating Expenses, Other Funds, delete "$137,116" and insert "$138,007"
(2) Unemployment Insurance Service
Operating Expenses, Federal Funds, delete "$2,635,559" and insert "$2,643,675"
(3) Field Operations
Operating Expenses, Federal Funds, delete "$2,321,321" and insert "$2,324,931"
(4) State Labor Law Administration
Operating Expenses, Federal Funds, delete "$60,861" and insert "$60,972"
Operating Expenses, Other Funds, delete "$246,289" and insert "$247,733"
(14) Banking
Operating Expenses, Other Funds, delete "$647,745" and insert "$810,252"
(16) Securities
Operating Expenses, Other Funds, delete "$97,503" and insert "$97,592"
(17) Insurance
Operating Expenses, Other Funds, delete "$730,801" and insert "$731,344"
Section 11. That section 15 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF TRANSPORTATION
(1) General Operations
Operating Expenses, Other Funds, delete "$95,097,500" and insert "$95,304,417"
Section 12. That section 16 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF EDUCATION
(1) Administration, Secretary of Education
Operating Expenses, General Funds, delete "$1,045,285" and insert "$1,046,512"
Operating Expenses, Federal Funds, delete "$3,696,876" and insert "$3,697,506"
Operating Expenses, Other Funds, delete "$136,107" and insert "$136,123"
(3) State Aid to General Education
Operating Expenses, General Funds, delete "$449,193,574" and insert "$459,369,009"
(4) State Aid to Special Education
Operating Expenses, General Funds, delete "$63,646,857" and insert "$67,717,175"
(5) Sparsity Payments
Operating Expenses, General Funds, delete "$2,011,501" and insert "$2,002,951"
(7) Technology and Innovation in Schools
Operating Expenses, General Funds, delete "$12,207,711" and insert "$12,224,133"
Operating Expenses, Other Funds, delete "$1,872,827" and insert "$1,879,251"
(8) Postsecondary Vocational Education
Operating Expenses, General Funds, delete "$22,316,237" and insert "$22,924,706"
(11) Education Resources
Personal Services, Federal Funds, delete "$3,738,724" and insert "$3,625,944"
Personal Services, Other Funds, delete "$311,945" and insert "$424,725"
Operating Expenses, General Funds, delete "$6,607,795" and insert "$7,289,994"
Operating Expenses, Federal Funds, delete "$175,477,424" and insert "$175,481,644"
Operating Expenses, Other Funds, delete "$699,225" and insert "$904,952"
(12) History
Operating Expenses, General Funds, delete "$1,211,763" and insert "$1,213,371"
Operating Expenses, Federal Funds, delete "$804,628" and insert "$805,062"
Operating Expenses, Other Funds, delete "$998,127" and insert "$999,100"
(13) Library Services
Operating Expenses, General Funds, delete "$858,923" and insert "$859,722"
Operating Expenses, Federal Funds, delete "$890,683" and insert "$891,118"
Section 13. That section 17 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF PUBLIC SAFETY
(1) Administration, Secretary of Public Safety
Operating Expenses, General Funds, delete "$14,624" and insert "$14,708"
Operating Expenses, Other Funds, delete "$116,247" and insert "$116,845"
(2) Highway Patrol
Operating Expenses, General Funds, delete "$809,496" and insert "$709,993"
Operating Expenses, Federal Funds, delete "$5,672,963" and insert "$5,675,466"
Operating Expenses, Other Funds, delete "$7,384,880" and insert "$7,398,602"
(3) Emergency Services & Homeland Security
Operating Expenses, General Funds, delete "$376,062" and insert "$376,861"
Operating Expenses, Federal Funds, delete "$8,221,777" and insert "$8,223,961"
Operating Expenses, Other Funds, delete "$202,953" and insert "$203,369"
(4) Legal and Regulatory Services
Operating Expenses, General Funds, delete "$763,139" and insert "$763,203"
Operating Expenses, Federal Funds, delete "$321,744" and insert "$1,322,734"
Operating Expenses, Other Funds, delete "$2,989,493" and insert "$3,000,057"
(5) 911 Coordination Board - Informational
Operating Expenses, Other Funds, delete "$3,795,701" and insert "$3,795,759"
Section 14. That section 18 of chapter 33 of the 2017 Session Laws be amended to read:
BOARD OF REGENTS
(1) Board of Regents Central Office
Operating Expenses, General Funds, delete "$13,917,124" and insert "$13,546,468"
(4) University of South Dakota
Personal Services, Other Funds, delete "$50,605,547" and insert "$52,105,547"
Operating Expenses, General Funds, delete "$3,302,488" and insert "$3,342,328"
Operating Expenses, Other Funds, delete "$46,001,557" and insert "$46,501,557"
(6) South Dakota State University
Operating Expenses, General Funds, delete "$4,756,603" and insert "$4,827,623"
(9) SD School of Mines and Technology
Operating Expenses, General Funds, delete "$863,578" and insert "$896,987"
Operating Expenses, Other Funds, delete "$17,929,737" and insert "$20,429,737"
(10) Northern State University
Operating Expenses, General Funds, delete "$1,060,471" and insert "$1,082,303"
(11) Black Hills State University
Operating Expenses, General Funds, delete "$619,261" and insert "$692,398"
Operating Expenses, Other Funds, delete "$12,415,498" and insert "$13,415,498"
(12) Dakota State University
Personal Services, Other Funds, delete "$14,995,487" and insert "$15,120,487"
Operating Expenses, General Funds, delete "$623,668" and insert "$628,926"
Operating Expenses, Other Funds, delete "$10,642,869" and insert "$10,917,869"
(13) SD School for the Deaf
Operating Expenses, General Funds, delete "$1,126,295" and insert "$1,144,522"
(14) SD School for the Blind and Visually Impaired
Operating Expenses, General Funds, delete "$247,403" and insert "$249,444"
Section 15. That section 19 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF THE MILITARY
(1) Adjutant General
Operating Expenses, General Funds, delete "$132,216" and insert "$132,562"
Operating Expenses, Other Funds, delete "$29,254" and insert "$29,265"
(2) Army Guard
Operating Expenses, General Funds, delete "$2,718,086" and insert "$2,726,519"
Operating Expenses, Federal Funds, delete "$12,587,358" and insert "$12,615,548"
(3) Air Guard
Operating Expenses, General Funds, delete "$214,231" and insert "$227,844"
Operating Expenses, Federal Funds, delete "$2,617,602" and insert "$2,658,050"
Section 16. That section 20 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF VETERANS' AFFAIRS
(1) Veterans' Benefits and Services
Operating Expenses, General Funds, delete "$425,779" and insert "$426,473"
Operating Expenses, Federal Funds, delete "$48,321" and insert "$48,598"
(2) State Veterans' Home
Personal Services, Other Funds, delete "$1,093,075" and insert "$1,143,075"
Operating Expenses, Other Funds, delete "$3,393,425" and insert "$3,310,152"
Section 17. That section 21 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF CORRECTIONS
(1) Administration, Corrections Central Office
Operating Expenses, General Funds, delete "$1,170,309" and insert "$1,175,866"
Operating Expenses, Federal Funds, delete "$866,560" and insert "$866,598"
(2) Mike Durfee State Prison
Personal Services, General Funds, delete "$12,064,273" and insert "$12,095,488"
Operating Expenses, General Funds, delete "$5,957,092" and insert "$6,188,210"
Operating Expenses, Federal Funds, delete "$45,292" and insert "$71,466"
(3) State Penitentiary
Personal Services, General Funds, delete "$17,912,693" and insert "$17,953,624"
Operating Expenses, General Funds, delete "$6,619,221" and insert "$6,634,098"
Operating Expenses, Federal Funds, delete "$64,747" and insert "$160,052"
(4) Women's Prison
Personal Services, General Funds, delete "$3,970,020" and insert "$4,060,236"
Operating Expenses, General Funds, delete "$1,703,930" and insert "$1,796,407"
Operating Expenses, Federal Funds, delete "$9,655" and insert "$25,203"
(5) Pheasantland Industries
Operating Expenses, Other Funds, delete "$2,674,025" and insert "$2,676,627"
(6) Inmate Services
Operating Expenses, General Funds, delete "$26,826,730" and insert "$26,833,254"
(7) Parole Services
Operating Expenses, General Funds, delete "$2,026,766" and insert "$2,039,364"
(8) Juvenile Community Corrections
Operating Expenses, General Funds, delete "$11,088,297" and insert "$10,722,868"
Operating Expenses, Federal Funds, delete "$4,204,854" and insert "$3,674,567"
(9) State Treatment and Rehabilitation Academy
Operating Expenses, General Funds, delete "$315,169" and insert "$145,784"
Section 18. That section 22 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF HUMAN SERVICES
(1) Administration, Secretary of Human Services
Operating Expenses, General Funds, delete "$295,789" and insert "$297,571"
Operating Expenses, Federal Funds, delete "$148,606" and insert "$149,525"
(2) Developmental Disabilities
Operating Expenses, General Funds, delete "$59,987,425" and insert "$60,100,769"
Operating Expenses, Federal Funds, delete "$79,496,471" and insert "$79,652,397"
Operating Expenses, Other Funds, delete "$5,623,926" and insert "$5,651,336"
(3) South Dakota Developmental Center - Redfield
Personal Services, General Funds, delete "$9,079,302" and insert "$8,452,214"
Personal Services, Federal Funds, delete "$11,228,108" and insert "$10,454,196"
Operating Expenses, General Funds, delete "$2,228,967" and insert "$2,230,716"
Operating Expenses, Federal Funds, delete "$2,787,866" and insert "$2,788,501"
Operating Expenses, Other Funds, delete "$794,724" and insert "$795,822"
(4) Rehabilitation Services
Personal Services, Federal Funds, delete "$5,513,017" and insert "$5,713,017"
Operating Expenses, General Funds, delete "$3,783,180" and insert "$3,798,504"
Operating Expenses, Federal Funds, delete "$11,941,550" and insert "$12,766,744"
Operating Expenses, Other Funds, delete "$1,551,015" and insert "$2,351,015"
(6) Service to the Blind and Visually Impaired
Operating Expenses, General Funds, delete "$462,563" and insert "$462,946"
Operating Expenses, Federal Funds, delete "$1,404,748" and insert "$1,407,206"
Operating Expenses, Other Funds, delete "$203,165" and insert "$303,330"
Section 19. That section 23 of chapter 33 of the 2017 Session Laws be amended to read:
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(1) Financial and Technical Assistance
Operating Expenses, General Funds, delete "$357,046" and insert "$357,510"
Operating Expenses, Federal Funds, delete "$625,504" and insert "$626,062"
Operating Expenses, Other Funds, delete "$287,469" and insert "$287,930"
(2) Environmental Services
Operating Expenses, General Funds, delete "$597,006" and insert "$599,291"
Operating Expenses, Federal Funds, delete "$2,125,343" and insert "$2,127,012"
Operating Expenses, Other Funds, delete "$879,459" and insert "$880,697"
Section 20. That section 24 of chapter 33 of the 2017 Session Laws be amended to read:
SOUTH DAKOTA RETIREMENT SYSTEM
(1) South Dakota Retirement System
Operating Expenses, Other Funds, delete "$1,782,208" and insert "$1,903,418"
Section 21. That section 26 of chapter 33 of the 2017 Session Laws be amended to read:
UNIFIED JUDICIAL SYSTEM
(2) Unified Judicial System
Operating Expenses, General Funds, delete "$4,692,284" and insert "$4,696,286"
Operating Expenses, Other Funds, delete "$6,322,104" and insert "$6,324,377"
Section 22. That section 28 of chapter 33 of the 2017 Session Laws be amended to read:
OFFICE OF THE ATTORNEY GENERAL
(1) Legal Services Program
Operating Expenses, General Funds, delete "$590,680" and insert "$593,759"
Operating Expenses, Federal Funds, delete "$490,225" and insert "$491,613"
Operating Expenses, Other Funds, delete "$1,057,373" and insert "$1,059,781"
(2) Criminal Investigation
Operating Expenses, General Funds, delete "$1,364,880" and insert "$1,370,538"
Operating Expenses, Federal Funds, delete "$2,052,247" and insert "$2,052,401"
Operating Expenses, Other Funds, delete "$2,866,028" and insert "$3,386,197"
(3) Law Enforcement Training
Operating Expenses, Other Funds, delete "$1,012,296" and insert "$1,014,500"
(4) 911 Training
Operating Expenses, Other Funds, delete "$99,059" and insert "$99,093"
(5) Insurance Fraud Unit - Informational
Operating Expenses, Other Funds, delete "$71,354" and insert "$71,559"
Section 23. That section 29 of chapter 33 of the 2017 Session Laws be amended to read:
SCHOOL AND PUBLIC LANDS
(1) Administration of School and Public Lands
Operating Expenses, Other Funds, delete "$246,150" and insert "$325,000"
Section 24. That section 30 of chapter 33 of the 2017 Session Laws be amended to read:
SECRETARY OF STATE
(1) Secretary of State
Operating Expenses, Federal Funds, delete "$1,211,931" and insert "$3,256,246"
Operating Expenses, Other Funds, delete "$386,701" and insert "$473,701"
Section 25. That section 31 of chapter 33 of the 2017 Session Laws be amended to read:
STATE TREASURER
(1) Treasury Management
Operating Expenses, General Funds, delete "$147,076" and insert "$147,420"
(2) Unclaimed Property - Informational
Operating Expenses, Other Funds, delete "$20,623,579" and insert "$20,623,966"
(3) Investment of State Funds
Operating Expenses, Other Funds, delete "$1,864,577" and insert "$1,866,910"
Section 26. That section 32 of chapter 33 of the 2017 Session Laws be amended to read:
STATE AUDITOR
(1) State Auditor
Operating Expenses, General Funds, delete "$147,353" and insert "$147,477"
Section 27. Adjust all totals accordingly in sections 1 to 26, inclusive, of this Act.
Section 28. That section 35 of chapter 33 of the 2017 Session Laws be amended to read:
[Section 35.] The state treasurer shall transfer to the state general fund one million two million
one hundred twenty thousand dollars ($1,000,000) ($2,120,000) from the veterans home operating
fund created by § 33A-4-24.
Section 29. That chapter 33 of the 2017 Session Laws be amended by adding thereto NEW
SECTIONS to read:
[Section 40.] The state treasurer shall transfer to the attorney general other fund one hundred
eighty-one thousand one hundred ninety-two dollars ($181,192) from the court automation fund.
[Section 41.] The state treasurer shall transfer to the state general fund one million three hundred
thousand dollars ($1,300,000) from the petroleum release compensation fund.
[Section 42.] The state treasurer shall transfer to the state general fund seven hundred ninety-two
thousand seven hundred twenty-nine dollars ($792,729) from the workforce education fund.
[Section 43.] The state treasurer shall transfer to the state general fund seven hundred fifty
thousand dollars ($750,000) from the telecommunication fund for the deaf.
[Section 44.] The state treasurer shall transfer to the state general fund seven hundred fifty
thousand dollars ($750,000) from the prescription drug plan fund.
[Section 45.] The state treasurer shall transfer to the state general fund five hundred thousand
dollars ($500,000) from the technology fund of the Department of Education.
[Section 46.] The state treasurer shall transfer to the state general fund five hundred thousand
dollars ($500,000) from the video lottery operating fund.
[Section 47.] The state treasurer shall transfer to the state general fund five hundred thousand
dollars ($500,000) from the court automation fund.
[Section 48.] The state treasurer shall transfer to the state general fund four hundred eighty
thousand seven hundred forty-three dollars ($480,743) from the private activities bond fund.
[Section 49.] The state treasurer shall transfer to the state general fund two hundred sixty-one
thousand three hundred ninety-six dollars ($261,396) from the budgetary accounting fund.
[Section 50.] The state treasurer shall transfer to the state general fund three million eight
hundred seventy-one thousand four hundred thirty-seven dollars ($3,871,437) from the Department
of Revenue agency fund clearing account.
Section 30. Funds appropriated by this Act which are unspent at the end of fiscal year 2018 may
be carried over to fiscal year 2019.
Section 31. This Act is effective June 25, 2018.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\038.wpd
CHAPTER 38
(HB 1045)
Transfer funds from the budget reserve fund
to support state aid to education.
ENTITLED, An Act to transfer funds from the budget reserve fund to support state aid to education
and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The state treasurer shall transfer the sum of five million eight hundred fifty-five
thousand seven hundred ten dollars ($5,855,710) from the budget reserve fund to the general fund.
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 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\039.wpd
CHAPTER 39
(SB 28)
Appropriation for costs related to suppression of 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 seven hundred sixty-six
thousand one hundred fifty-seven dollars ($766,157), 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 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 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\040.wpd
CHAPTER 40
(HB 1098)
Appropriation for various water and environmental purposes.
ENTITLED, An Act to make an appropriation from the water and environment fund and its
revolving fund subfunds for various water and environmental purposes and to declare an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of seven million five hundred thousand dollars
($7,500,000), or so much thereof as may be necessary, to the 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 2. There is hereby appropriated from the South Dakota water and environment fund
established pursuant to § 46A-1-60, the sum of two million five hundred thousand dollars
($2,500,000), or so much thereof as may be necessary, to the 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 terms and
conditions established by the Board of Water and Natural Resources.
Section 3. There is hereby appropriated from administrative expense surcharge fees deposited
in the South Dakota state water pollution control revolving fund program established pursuant to
§ 46A-1-60.1, the sum of one million dollars ($1,000,000), or so much thereof as may be necessary,
to the 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 4. There is hereby appropriated from administrative expense surcharge fees deposited
in the 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 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 5. There is hereby appropriated from administrative expense surcharge fees deposited
in the state drinking water revolving fund program subfund established pursuant to § 46A-1-60.1,
the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, to the
Board of Water and Natural Resources for the purpose of providing small system technical assistance
grants and 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 6. There is hereby appropriated from administrative expense surcharge fees deposited
in the state drinking water revolving fund program subfund established pursuant to § 46A-1-60.1,
the sum of one million five hundred thousand dollars ($1,500,000), or so much thereof as may be
necessary, to the 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 7. There is hereby appropriated from federal funds deposited in the 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 Board of Water and
Natural Resources for the purpose of providing small system technical assistance set-aside grants
to project sponsors under the state drinking water revolving fund program established pursuant to
§ 46A-1-60.1. Funds shall be provided according to terms and conditions established by the Board
of Water and Natural Resources.
Section 8. 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 9. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 10. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed February 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\041.wpd
CHAPTER 41
(SB 27)
Appropriation from the
coordinated natural resources conservation fund.
ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation
fund to the State Conservation Commission and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the coordinated natural resources conservation fund
the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the State
Conservation Commission in accordance with subdivision 10-47B-149(5).
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 5, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\042.wpd
CHAPTER 42
(SB 54)
Appropriation for the payment
of extraordinary litigation expenses.
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 four hundred twenty-three thousand five hundred ninety-eight dollars ($423,598), 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 6, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\043.wpd
CHAPTER 43
(HB 1178)
Penalty for the failure to complete timely audits.
ENTITLED, An Act to provide a penalty for the failure to complete timely audits by certain entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 4-2 be amended by adding a NEW SECTION to read:
The Department of Legislative Audit shall cause to be published in a legal newspaper designated
as the official newspaper of the entity in this section and on the website maintained by the
department, notice of the failure to submit a timely audit report to the department by a school district
under § 4-11-7.1, municipality under § 4-11-4, hospital district board under § 34-10-29, waste
management district under § 34A-16-31, water development district under § 46A-3D-4, water user
district under § 46A-9-68, or consumer power district under § 49-38-2. If an entity has not
designated an official newspaper, notice shall be published in a legal newspaper designated as the
official newspaper of each municipality or county in which the entity is located. The cost of
publication under this section shall be paid by the entity.
Section 2. That chapter 4-2 be amended by adding a NEW SECTION to read:
A school board, municipality, board, or district under section 1 of this Act that fails to submit
a timely audit report to the department shall be subject to a penalty of ten dollars per day for each
day of delinquency. Upon submission of an untimely audit report to the department by a school
board, municipality, board, or district, the auditor-general shall notify the attorney general of the
appropriate penalty to be imposed under this section. If an audit report remains untimely for longer
than one month, the auditor-general shall notify the attorney general of the appropriate penalty to be
imposed each month until the untimely report is submitted to the department. The attorney general
shall impose any penalty under this section. The proceeds of any penalty shall be deposited into the
state general fund. The attorney general may waive the imposition of any penalty against any school
board, municipality, board, or district for good cause shown.
Section 3. That chapter 4-2 be amended by adding a NEW SECTION to read:
For purposes of this Act, an audit is timely if the audit report is submitted to the Department of
Legislative Audit not later than eighteen months following the end of the entity's fiscal year. If the
entity is performing a two-year audit, the audit is timely if the audit report is submitted to the
department not later than eighteen months following the end of the entity's second fiscal year covered
by the audit.
Section 4. The provisions of this Act are effective for audits of periods ending on or after
June 30, 2018.
Signed March 7, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\044.wpd
CHAPTER 44
(SB 100)
Grant monitoring and review.
ENTITLED, An Act to establish certain provisions related to grant monitoring and review and to
revise certain record retention policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 4-11-7.2 be amended to read:
4-11-7.2. Not less than ten days after the date of filing the audit reports, the Department of
Legislative Audit or the private auditing firm, whichever performed the audit, shall publish for two
issues in each of the official papers of the school district a brief statement of the fact that the audit
was made, where the audit may be found on file for public inspection, and a brief recital of the
substantial items of error, irregularity, or loss which were discovered, but with enough detail so that
the public is informed of the important findings of the audit. The Department of Legislative Audit
or the private auditing firm, whichever made the audit, shall furnish a copy of the report of the audit
to the person designated by the school board to receive the report. The designated person shall
furnish a copy of the report of the audit to each member of the school board. The expense of the
publication shall be paid at the legal rate by the school district.
Section 2. That § 4-11-12 be amended to read:
4-11-12. Not less than ten days after the date of filing the reports on audit in any public office
the auditor-general shall cause to be published for two issues in each of the official papers of any
municipality, school district or county, the audit of which has been completed, a brief statement of
the fact that he has made the audit and where the same may be found on file for public inspection
and also a brief recital of the substantial items of error, irregularity, or loss which he has discovered
but with sufficient detail so that the public may be informed of the important findings of the audit.
Expense of such publication is to be paid at legal rate by the said municipality, school district, or
county. Any county, city, or school district who receives an independent audit shall make the audit
report available on the entity's website.
Section 3. That § 1-56-10 be amended to read:
1-56-10. 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.
Any sub-recipient evaluation report or program evaluation report completed by a state agency
for the federal government for a grant where a state agency serves as a pass-through entity to a
nonstate agency shall be posted on the website created pursuant to § 1-27-45. Any information in
the report that would be exempt from public disclosure under chapter 1-27 may be redacted prior to
posting.
Any conflict of interest as outlined in the organization's conflict of interest policy as required by
§ 1-56-10 within the recipient or sub-recipient's organization to which § 1-56-10 applies shall be
disclosed to the state agency and displayed on the website created pursuant to § 1-27-45 with its
corresponding grant agreement.
Section 4. That chapter 5-18A be amended by adding a NEW SECTION to read:
No person involved in the determination of the recipient of a grant or contract from a state
agency may be awarded the grant or contract. No recipient or sub-recipient of a grant or contract
from a state agency may conduct any external evaluation of the performance of the grant or contract.
Section 5. That chapter 5-18A be amended by adding a NEW SECTION to read:
Any person holding a statewide office as defined in § 12-27-1, and any head of an agency in the
executive branch, shall annually sign a form, as created by the Bureau of Human Resources,
acknowledging that the person has reviewed the state conflict of interest policy and disclosing any
conflicts that have not previously been disclosed. The Bureau of Human Resources shall compile
the forms and present them annually for review by the Government Operations and Audit
Committee.
Section 6. That § 1-27-46 be amended to read:
1-27-46. The state shall display on the searchable internet website created pursuant to § 1-27-45
copies of each written contract for supplies, services, or professional services of ten thousand dollars
or more, each written contract filed with the state auditor pursuant to § 1-24A-1, and each written
contract filed with the attorney general pursuant to § 1-11-15. Each contract shall be displayed
electronically not less than sixty days after commencement of the contract term and for not less than
one year following the end of the contract term the retention period prescribed by § 1-27-4.1.
Section 7. That § 1-56-10 be amended to read:
1-56-10. 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 for not less than the retention period prescribed by § 1-27-4.1.
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 8. That § 1-27-13 be amended to read:
1-27-13. The head of each agency shall submit to the commissioner of administration, in
accordance with the rules, standards, and procedures established by the commission, schedules
proposing the length of time each state record series warrants retention for administrative, legal, or
fiscal purposes after it has been received by the agency. However, original invoices and vouchers
submitted to the state auditor for payment shall be retained for at least seven years.
Signed March 22, 2018
_______________
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PUBLIC PROPERTY, PURCHASES AND CONTRACTS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\045.wpd
CHAPTER 45
(SB 39)
Improvements permitted on school and public lands.
ENTITLED, An Act to revise certain provisions regarding permitted improvements on school and
public lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-5-29 be amended to read:
5-5-29. When improvements are shown to be If any permitted improvement is located on any
school or endowment lands which have been under lease, and which have land and the land has been
offered for re-leasing lease or sale, and a person other than the owner of the improvements thereon
improvement is the highest bidder therefor, such bidder, before a lease or conveyance shall issue,
the bidder shall deposit with the county auditor his a receipt showing payment of the amount of
rental due, and in before the lease or sale is made. In addition thereto a receipt showing that he has
deposited, the highest bidder shall deposit with the county treasurer an amount equal to the appraised
value of such improvements, as shown by the report of each improvement as determined by the
board of appraisal hereinafter provided for, or an amount agreed upon between such the successful
bidder and the owner of such improvements, or proof that the the improvement. The owner elects
of the improvement may elect to remove all of such improvements the improvement.
Section 2. That § 5-5-30 be amended to read:
5-5-30. If the owner of the
improvements improvement described in § 5-5-29 elects not to
remove
them and he cannot the improvement and the owner does not agree with the successful
bidder on the value of
such improvements, he the improvement, the owner shall within five
business
days from the date on which the land is offered for
re-leasing lease or sale make application to the
county auditor asking for the
appraisement of such improvements appraisal of the improvement by
a board of appraisal
appointed by the. The county auditor
in the manner hereinafter provided. Such
shall appoint the board members pursuant to § 5-5-31. The owner shall
be required to make a deposit
sufficient to cover the cost of appraisal as determined by the county auditor
, the. The board
of
appraisal to members shall be paid by the county auditor
out of such deposit from the amount
deposited by the owner.
Section 3. That § 5-5-31 be amended to read:
5-5-31. All improvements Any improvement on any school or endowment lands land shall be
appraised by a board of three disinterested freeholders who shall be residents of the county wherein
where the property is situated located. The board of appraisal shall be constituted as follows: the
owner of the improvements improvement shall nominate a person to represent him; the owner, the
new lessee or purchaser shall nominate a person to represent him; these two the lessee or purchaser,
and the two nominees shall nominate a person to serve with them on the board. The county auditor
shall appoint these three persons as a board of appraisal.
The commissioner of school and public lands shall provide the board with an itemized list of
each permitted improvement. Each improvement shall be appraised based on the original cost basis
less any depreciation as determined by the board. The original cost of the improvement may include
only the actual out-of-pocket expenses paid by the lessee for the improvement. The original cost may
not include the amount of any grant, subsidy, or contribution toward the expense of the improvement
from another source. The board shall file with the county auditor an itemized report of the appraisal,
signed by at least two members of the board. The county auditor shall keep a record of the
appraisement. The board
of appraisal shall be paid at the state rate established pursuant to chapter
3-9 for per diem and mileage necessarily traveled in making the appraisal.
The members of the board are 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 the board's duties or responsibilities. Nothing in this section may be construed to protect
any person from suit or liability for any damage, loss, injury, or liability caused by the intentional,
willful, or wanton misconduct of that person.
Section 4. That § 5-5-32 be amended to read:
5-5-32. In case such improvements are so If any permitted improvement is appraised pursuant
to § 5-5-31, the owner of such improvements the improvement shall accept or reject such
appraisement the appraisal by written notice to the county auditor within five business days from the
date of appraisement or such the appraisal or the appraisal shall be is deemed rejected and a lease
or conveyance shall issue be made.
Signed February 8, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\046.wpd
CHAPTER 46
(HB 1100)
A name to be printed on public contracts.
ENTITLED, An Act to require a name be printed on public contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-18A-21 be amended to read:
5-18A-21. Each contract shall be in writing, shall have the printed name of any individual
signing the contract, and shall be signed on behalf of the purchasing agency by the authorized
officials. Failure to comply with the requirement for a printed name under this section does not void
the terms or purpose of the contract.
Section 2. That § 5-18D-10 be amended to read:
5-18D-10. The attorney general shall draw all state contracts for supplies let under the provisions
of this chapter and chapters 5-18A, 5-18B, and 5-18C. Each contract shall be signed by the
commissioner of administration or a designee, on the part of the state, and by the party to whom the
contract has been awarded. Each contract shall have the printed name of any individual signing the
contract. Each contract and any required bond shall be filed in the Bureau of Administration. Failure
to comply with the requirement for a printed name under this section does not void the terms or
purpose of the contract.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\047.wpd
CHAPTER 47
(HB 1050)
Prompt payment act revised.
ENTITLED, An Act to revise certain provisions regarding the prompt payment act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-26-3 be amended to read:
5-26-3. Proper invoices Any proper invoice not paid within forty-five days shall accrue interest
beginning on the thirtieth day after receipt of property or service and receipt of the invoice covering
the delivered items or services. Interest shall accrue and be charged on payments any payment
overdue under § 5-26-2 at one and one-half percent per month the Category B rate of interest as
established in § 54-3-16 or at the rate specified by contract.
Interest which is unpaid at the end of each sixty-day period or at the end of any specified period
provided by contract shall be added to the principal amount of the debt and shall thereafter
accumulate interest.
Section 2. That § 5-26-5 be amended to read:
5-26-5.
This No interest accrues under this chapter
is not applicable if an agency's failure to
timely pay interest required by § 5-26-3 is the result of a dispute between the agency and the business
over the amount due or over compliance with the contract. In case of dispute, the agency shall,
within
ten thirty days of receipt of property or services and receipt of invoice, give written notice to
the business of disagreement with property or services. The notice shall include the reasons for and
other pertinent details of the dispute and a copy of the notice shall be
timely filed with the state
auditor or treasurer or finance officer of kept on file with the agency.
Section 3. That § 5-26-6 be amended to read:
5-26-6. Upon payment by an agency, a business which that has acquired under contract, property
or services in connection with its the business's contract with such the agency from a subcontractor
or supplier, shall pay the subcontractor or supplier within thirty days after receiving payment from
the agency. Interest at the rate of one and one-half percent per month Category B rate of interest as
established in § 54-3-16 shall accrue and is due any subcontractor or supplier who is not paid within
thirty days after the business receives payment from the agency, unless otherwise provided by
contract between the business and the subcontractor or supplier. Interest begins to accrue on the
thirty-first day at the rate specified in this section. Payment shall be is due when the subcontractor
or material supplier have has satisfied the terms of their the contract or material delivery agreement.
Signed February 28, 2018
_______________
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LOCAL GOVERNMENT GENERALLY
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\048.wpd
CHAPTER 48
(SB 86)
Local unit of government sale of surplus property
through a real estate broker.
ENTITLED, An Act to revise certain requirements when a local unit of government sells surplus
property through a real estate broker.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 6-13-5.2 be amended to read:
6-13-5.2. In lieu of receiving sealed bids as required by this chapter, a school district,
municipality, or county may sell real property at public auction or by listing the property with one
or more licensed real estate brokers. The governing body may accept any offer for purchase of real
property provided the offer exceeds ninety percent of the appraised value of the real property as
required by § 6-13-2. If a governing body sells real property by public auction or through a real estate
broker, the governing body shall give notice of the sale of the real property and the appraised value
of the real property from the appraisal report on file with the fiscal offices of the governing body as
required by § 6-13-4.
Signed March 8, 2018
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MUNICIPAL GOVERNMENT
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\049.wpd
CHAPTER 49
(HB 1169)
The commissioner form of municipal government.
ENTITLED, An Act to revise certain provisions regarding the commissioner form of municipal
government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-9-2 be amended to read:
9-9-2. No person shall be eligible to nomination or election as a member of the board unless he
shall be A person may be nominated, elected, or appointed as a mayor or as a commissioner if the
person is a citizen of the United States and shall be a resident and voter and resident of the
municipality.
Section 2. That § 9-9-3 be amended to read:
9-9-3. No term of office of the members of the board including the mayor may exceed five years
as determined by ordinance The term of office of the mayor and commissioners shall be not less than
two or more than five years as determined by ordinance, except that at the first election after the
adoption of the commission form of government the mayor's term shall be for five years and the
commissioners shall determine by lot their respective be elected for staggered terms. If the number
of commissioners is four, one shall serve be elected for one year, one for two years, one for three
years, and one for four years. If the number of commissioners is two, one shall serve be elected for
two years and one for four years. At the annual election preceding the expiration of the term of office
of the mayor or any commissioner, a successor shall be elected for a term not to exceed five years
as determined by ordinance. A vacancy on the commission shall be filled as provided in § 9-13-14.1
or 9-13-14.2.
Section 3. That § 9-9-4 be repealed.
Section 4. That § 9-9-5 be repealed.
Section 5. That § 9-9-6 be amended to read:
9-9-6. The resignation of If the mayor or any a commissioner resigns, the resignation shall be
submitted in writing to the board.
The permanent removal of If the mayor or
any a commissioner
from the territorial moves his or
her permanent residence outside the corporate limits of the
first or second class municipality
creates
a vacancy in, the office
is immediately vacated.
In case of any vacancy from any cause If there is a vacancy in the office of mayor
, the vacancy
shall be filled by appointment pursuant to § 9-9-8 until the position is filled by election at the next
annual municipal election or by special election as provided in § 9-13-14.2. A vacancy on the
commission board shall be filled as provided in § 9-13-14.1 or as provided in § 9-13-14.2.
Section 6. That § 9-9-8 be amended to read:
9-9-8. In case If the mayor is unable to perform the duties of his office by reason of absence or
sickness, the board shall appoint by a majority vote of all members thereof one of its members to act
in his stead, whose as mayor. The appointed commissioner's official designation shall be "acting
president of the board of commissioners." The commissioner so appointed shall be acting president
is invested with all the powers and shall perform all the duties of the mayor during such the mayor's
absence or sickness. The acting president has only one vote as a commissioner and is not entitled to
vote as acting president.
In case of a vacancy in If the office of mayor
is vacated, the board of commissioners shall appoint
by a majority vote
of all the members thereof one of its
number commissioners as acting mayor
, who
shall be. The acting mayor is invested with all the powers and shall perform all the duties of the
mayor, until the election of a mayor.
The acting mayor has only one vote as a commissioner and is not entitled to vote as acting
mayor.
Section 7. That § 9-9-9 be amended to read:
9-9-9. The board constituted of the mayor and the commissioners shall have control of controls
all departments of the first or second class municipality and to that end shall have power to may
make and enforce such rules and regulations as it may see fit and proper for the organization,
management, and operation of the departments of the municipality and of whatever agencies any
agency that may be created for the administration of its the board's affairs.
Section 8. That § 9-9-10 be amended to read:
9-9-10. The board of commissioners shall have the power has the authority to summon and
compel the attendance of witnesses and the production of books and papers whenever if it may be
is necessary for the effective discharge of its the board's duties. All Any process necessary to enforce
the powers conferred by this section and § 9-9-9 shall be signed by the mayor and attested by the
auditor finance officer, and shall be served by its policeman a municipal law enforcement officer or
by the sheriff of the county.
Section 9. That § 9-9-11 be amended to read:
9-9-11. The board shall meet at least once every each week, or as otherwise determined by
ordinance, in regular meeting at such a time and place as shall be fixed by the board, at the city hall
or other designated place, to consider, take under advisement, and act upon such on the business as
may come before it the board.
Section 10. That § 9-9-12 be amended to read:
9-9-12. Special meetings A special meeting may be called by the mayor or by any two
commissioners at any time, to consider only such matters as shall be only consider the matter
mentioned in the call for such the meeting by written notice thereof given to each member of the
board then in the first or second class municipality. A notice of a special meeting shall be given
pursuant to § 1-25-1.1 and shall be provided to each commissioner.
Section 11. That § 9-9-13 be amended to read:
9-9-13. All sessions of the board shall be open to the public.
It shall keep a journal of its proceedings.
Each meeting of the board is open to the public and the
board shall keep a journal of its proceedings.
Section 12. That § 9-9-14 be amended to read:
9-9-14. A majority of the board shall constitute constitutes a quorum for the transaction of all
business, but a less number may adjourn from time to time and to do business. If a seat on the board
is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the
majority of the remaining commissioners who are qualified to serve by election or appointment
pursuant to chapter 9-13. The board may compel the attendance of absentees any absentee under such
penalties as may be prescribed by ordinance.
No action of the board
shall be is effective unless upon a vote of a majority of
such quorum the
board.
Section 13. That chapter 9-9 be amended by adding a NEW SECTION to read:
The board shall determine the board's rules of procedure, and may punish the board's members
for disorderly conduct. The board may, by resolution, establish requirements for attendance at regular
meetings and provide for the expulsion of a member in violation of the attendance requirements.
Section 14. That § 9-9-15 be repealed.
Section 15. That § 9-9-16 be amended to read:
9-9-16. The yeas and nays shall be taken upon the passage of all ordinances and upon any
proposals to create a liability against the first or second class municipality or for the expenditure or
appropriation of its money, each ordinance and for any proposal to expend or appropriate money and
in all any other cases case at the request of any member, and commissioner. Each vote shall be
entered on the journal of its the board's proceedings. A two-thirds vote of the board is required to
sell any municipal real property.
Section 16. That § 9-9-17 be repealed.
Section 17. That § 9-9-18 be amended to read:
9-9-18. In a municipality governed by a board of five commissioners, the commissioners shall
designate by a majority vote one member who shall be known as commissioner to be the "
commissioner of public safety commissioner,", one who shall be known as commissioner to be the
"commissioner of public works," one who shall be known as commissioner to be the " commissioner
of utilities commissioner,", and one who shall be known as commissioner to be the "commissioner
of finance and revenue."
Section 18. That § 9-9-19 be amended to read:
9-9-19. In municipalities In any municipality governed by a board consisting of five members
commissioners, the mayor and the commissioners shall have the powers and duties described in
§§ 9-9-20 to 9-9-24, inclusive. In addition, each commissioner shall supervise any other department
assigned or apportioned by resolution of the governing board, adopted by a majority vote at the first
meeting of the board in the month following the election year. Each commissioner is in charge of
the apparatus, personnel, and personal property used by departments under that commissioner's
supervision.
Section 19. That § 9-9-20 be amended to read:
9-9-20. In a If any municipality is governed by a board consisting of five members
commissioners, the mayor shall have and may exercise all the powers and perform all the duties
provided by the laws of this state or the ordinances of the municipality not in conflict therewith. He
shall be with the laws of the state. The mayor is the chief executive officer of the municipality, shall
preside presides at all meetings of the board, and shall have has general supervision over all
departments and officers. In the absence or inability of a commissioner he, the mayor shall
temporarily take charge of the department of such that commissioner. He The mayor shall see that
enforce all the laws of the municipality are enforced and require that the conditions of the grant of
any franchise or privilege are faithfully complied with and performed. He The mayor shall grant all
licenses or permits, except as such are required by ordinance to be granted by the board or by some
other department or officer. He The mayor shall have under his special charge the supervision of all
supervise each public buildings building of the municipality and of all each city parks park except
in municipalities having any municipality that has a park board, and the lighting of the streets, alleys,
and public buildings of the municipality. He The mayor shall annually and from time to time give
the board information relative to the affairs of the municipality and shall recommend for its the
board's consideration such measures as he may deem any measure the mayor deems expedient.
Section 20. That § 9-9-21 be amended to read:
9-9-21. In a If any municipality is governed by a board consisting of five members
commissioners, the commissioner of public safety commissioner shall supervise the enforcement of
all police regulations of the municipality and general supervision of the police and fire departments
and their the departments' officers and employees. The public safety commissioner shall supervise
employees and all other departments assigned or apportioned by resolution of the governing board,
adopted by a majority thereof at the first meeting of the board in the month following the election
each year. The public safety commissioner shall have charge of all apparatus and personal property
used by these departments. The commissioner of public safety commissioner shall also have is also
in charge of the municipal pound and supervision of the public weigher and measurer animal control
within the municipality, including animal impoundments and shelter.
Section 21. That § 9-9-22 be amended to read:
9-9-22. In If a municipality is governed by a board consisting of five members commissioners,
the commissioner of public works shall supervise the streets, alleys, public grounds, and municipal
improvements thereof, and all public property, except as otherwise specially provided, and. The
commissioner shall maintain such the property in a clean and sanitary condition, and the enforcement
of enforce all contracts, rules, and regulations necessary. The public works commissioner shall
supervise all other departments assigned or apportioned by resolution of the governing board,
adopted by a majority thereof at the first meeting of the board in the month following the election
each year.
Section 22. That § 9-9-23 be amended to read:
9-9-23. In If a municipality is governed by a board consisting of five members commissioners,
the commissioner of utilities commissioner shall supervise the construction, maintenance, and
operation of the waterworks, sewerage, and any other utility departments of the municipality. The
utilities commissioner shall supervise all other departments assigned or apportioned by resolution
of the governing board, adopted by a majority thereof at the first meeting of the board in the month
following the election each year. The commissioner of utilities commissioner shall enforce all
regulations with respect to that department and its revenue.
Section 23. That § 9-9-24 be amended to read:
9-9-24. In If a municipality is governed by a board consisting of five members commissioners,
the commissioner of finance and revenue shall enforce all laws for the assessment and collection of
taxes of every kind and collection of all revenues belonging to the municipality from whatever
source derived. The finance and revenue commissioner shall examine into and keep the board
informed on the finances of the municipality and its assets and property. The finance and revenue
commissioner shall also supervise all other departments assigned or apportioned by resolution of the
governing board, adopted by a majority thereof at the first meeting of the board in the month
following the election each year.
Section 24. That § 9-9-25 be amended to read:
9-9-25. In municipalities If a municipality is governed by a board consisting of three members
commissioners, the mayor and commissioners shall have the powers and duties described in §§ 9-9-26 and 9-9-27.
Section 25. That § 9-9-26 be amended to read:
9-9-26. In If a municipality is governed by a board consisting of three members commissioners,
the mayor shall have the same powers and duties as the mayor in a municipality governed by a board
consisting of five members except as to the city parks and the lighting of the streets, alleys, and
public buildings of the municipality. In addition he shall have under his special charge the
supervision of the police and fire departments, the public health department, and all matters relating
to the public welfare of the municipality exercise all the powers and perform all the duties provided
by the laws of this state or the ordinances of the municipality not in conflict with state law. The
mayor shall be the chief executive officer of the municipality, shall preside at all meetings of the
board, and has general supervision over all departments and officers. In the absence or inability of
a commissioner, the mayor shall temporarily take charge of the department of the commissioner. The
mayor shall see that all the laws of the municipality are enforced and that the conditions of the grant
of any franchise or privilege are faithfully complied with and performed. The mayor shall grant all
licenses or permits, except as required by ordinance to be granted by the board or by some other
department or officer.
Section 26. That § 9-9-27 be amended to read:
9-9-27. In If a municipality is governed by a board consisting of three members commissioners,
all matters relating to public parks, except in municipalities having a park board, streets, alleys, and
public grounds, the sanitary condition thereof, property in connection therewith, and the lighting
thereof; the construction, maintenance, and operation of sewers; the finances and revenues and the
collection thereof; the assessment and collection of all taxes; the appropriation of all moneys; the
general finances and accounting systems of the municipality; and all other matters relating to the
management of the affairs of the municipality not specifically assigned as duties of the mayor under
§ 9-9-26 not designated to the mayor shall be assigned or apportioned as equally as may be between
the members commissioners by resolution of the board adopted by a majority thereof vote at the first
meeting of the board in the month following the election each year.
Signed March 21, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\050.wpd
CHAPTER 50
(HB 1163)
Municipal publication deadlines revised.
ENTITLED, An Act to revise certain provisions regarding municipal publication deadlines.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-18-1 be amended to read:
9-18-1. The governing body of
every each municipality shall
cause to be published in the official
legal newspaper therein, or, if no official legal newspaper is published therein, in any legal
newspaper which serves such municipality, within thirty days after each meeting thereof a full
account of the proceedings at such publish, within twelve business days, the minutes for each
meeting
, giving a of the governing body including a detailed statement of all expenditures of money
,
the names of the persons to whom payment is made, and showing the service rendered therefor. It
and the name of each person paid and the service provided. The municipality shall pay for
publishing
such proceedings the publication of the minutes 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
§ 17-2-19.
Section 2. That § 9-18-1.1 be amended to read:
9-18-1.1. The auditor or clerk responsible for keeping a record of proceedings required to be
finance officer shall maintain a record of the minutes published pursuant to § 9-18-1 shall cause a
copy to be delivered and deliver a copy to the official newspaper within one week five business days
from the time such date the meeting is was held.
Signed March 7, 2018
_______________
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CHAPTER 51
(HB 1183)
The deadline to certify certain municipal ballot language.
ENTITLED, An Act to revise the deadline for the certification of certain municipal ballot language
to the county auditor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-20-11.2 be amended to read:
9-20-11.2. If a municipality submits a question to the electors at the next general election
pursuant to § 9-20-11, the municipality shall certify the ballot language to the county auditor by the
second first Tuesday in August of the year of the general election. However, the county auditor may
extend the certification deadline for the municipality, if the county auditor determines that the
extension will not prevent absentee ballots from being available by the date to begin absentee voting.
Signed March 7, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\052.wpd
CHAPTER 52
(HB 1154)
Municipal lease-purchase agreement revisions.
ENTITLED, An Act to revise certain provisions regarding municipal lease-purchase agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-21-18.1 be amended to read:
9-21-18.1. The provisions of § 9-21-18 or any other provision of law notwithstanding, any
municipality may enter into a lease-purchase agreement for a term of years, not exceeding ten
years
for equipment and twenty years for an improvement to real property, for the purchase or lease by the
municipality of real or personal property. Any lease-purchase agreement for a term exceeding one
year requires the approval of more than sixty percent of the members-elect of the governing body
of the municipality.
Signed February 27, 2018
_______________
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CHAPTER 53
(SB 126)
Municipal government annual reports.
ENTITLED, An Act to revise certain provisions regarding municipal annual reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-22-21 be amended to read:
9-22-21. The auditor, financial officer, or clerk shall report to the governing body at no later than
the first regular meeting of March May of each year, the receipts, expenses and financial condition
of the municipality, including. The report shall include the amount of funds in the treasury at the
time of making the report is made and where and in what amounts the funds are deposited or
invested. The report shall be published in the official newspaper, or any other newspaper as the
governing body may direct within thirty days thereafter or upon after the report is made to the
governing body or on completion of an annual audit in the official newspaper, or other newspaper
as the governing body may direct. Immediately after the report to the governing body, the auditor,.
By the last day of May each year the financial officer, or clerk, of municipalities of the first and
second class, shall file a copy of the report with the State Department of Legislative Audit. The
auditor-general, upon the request of the auditor, financial officer or clerk, with the approval of the
local governing body, may grant a thirty day extension of the reporting and filing dates provided by
this section.
Signed March 6, 2018
_______________
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CHAPTER 54
(SB 30)
Regulation of microblading by municipalities.
ENTITLED, An Act to provide for the regulation of microblading by municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-34-17 be amended to read:
9-34-17. Any municipality may regulate the practice of tattooing and body piercing by licensing
tattoo artists and practitioners of body piercing, inspecting tattoo and body piercing establishments,
and establishing standards for sanitation that are at least as stringent as those adopted by the
Department of Health pursuant to § 34-1-17. The term, "tattoo", means to make permanent marks
or designs on into the skin by puncturing it and inserting indelible colors. Tattooing includes
microblading and similar techniques used to partially or fully simulate natural hair. The term, "body
piercing", means to place a permanent or temporary foreign object in a person's body such as ears,
nose, lips, genitals, nipples, or parts thereof for a decorative or other nonmedical purpose by a person
not directly under the supervision of a licensed physician as defined by § 36-4-11.
Signed February 14, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\055.wpd
CHAPTER 55
(SB 16)
Curb ramp construction specifications for municipalities repealed.
ENTITLED, An Act to repeal certain curb ramp construction specifications for municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-46-1.2 be repealed.
Signed February 27, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\056.wpd
CHAPTER 56
(HB 1074)
Business improvement districts.
ENTITLED, An Act to revise certain provisions regarding the creation of business improvement
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 9-55-4 be amended to read:
9-55-4. A municipality may create a business improvement district may only be created as
provided by this chapter and shall be. A municipality that has not adopted any zoning ordinance
pursuant to § 9-12-13 may create a business improvement district anywhere within the boundaries
of the municipality. If a municipality has adopted a zoning ordinance pursuant to § 9-12-13, the
municipality may create a business improvement district only within the boundaries of an established
business area of the municipality that is zoned for business, public, or commercial purposes. For the
purposes of this chapter, an established business area, may also include noncontiguous property
within the incorporated municipality that has a common zoning designation. Any business
improvement district that includes noncontiguous property pursuant to this section, may, by
resolution of the governing body, add qualifying property to the business improvement district.
Signed February 22, 2018
_______________
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TAXATION
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\057.wpd
CHAPTER 57
(HB 1049)
References updated to the Internal Revenue Code.
ENTITLED, An Act to revise certain references to the Internal Revenue Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-1-47 be amended to read:
10-1-47. 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, 2017 2018. 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).
Signed February 5, 2018
_______________
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CHAPTER 58
(HB 1143)
Tax exemption for certain school owned property.
ENTITLED, An Act to revise certain provisions regarding the tax exemption of certain school
owned property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-4-13 be amended to read:
10-4-13. All property owned by any educational institution in this state as a school which is
accredited or approved as a school by the accreditation division within the Department of Education,
by the board of regents or by a nationally recognized accreditation service is exempt from taxation.
However, if any such property consists of agricultural land or improved or unimproved municipal
property not occupied by a certified teacher or directly used in carrying out the primary object of the
educational institution owning the same, it shall be taxed the same as other property of the same
class is taxed. However, if any such educational institution is operated for profit, this exemption
applies only to that portion of property which is used exclusively for student housing, student and
administrative parking and instructional or administrative purposes.
Signed February 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\059.wpd
CHAPTER 59
(SB 90)
Payment of taxes and fees before transferring title
of mobile or manufactured homes.
ENTITLED, An Act to revise certain provisions regarding the payment of taxes and fees before
transferring title of mobile homes or manufactured homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-4-2.5 be amended to read:
10-4-2.5. Any transfer or reassignment of a manufactured home classified as real property
pursuant to § 10-4-2.4 shall be accompanied by an affidavit, issued by the county treasurer of the
county in which the manufactured home is assessed, stating the current year's real property taxes that
are due and payable at the time of transfer have been paid in full. No title may be transferred unless
the real property taxes under §§ 10-9-3 and 10-21-4 are paid.
Section 2. That § 10-21-37 be amended to read:
10-21-37. If a manufactured home is purchased or moved to a specific site on or before
November first and the property has been assessed as real property and the owner of the
manufactured home plans to move, sell, transfer, or reassign or destroy the manufactured home
before November first in the following year, the county auditor shall levy a tax by applying the tax
levy used for taxes payable during the current year on other property in the same taxing district. The
owner shall pay such the tax in full for the current year, not on a pro rata basis. If the taxes are paid
in full, the county treasurer shall issue an affidavit stating that the current year's taxes are paid. If the
manufactured home has been destroyed, the owner shall submit a landfill ticket or proof of
destruction to the director of equalization.
Section 3. That § 10-21-38 be amended to read:
10-21-38. If a manufactured home has been assessed as real property and taxes are payable and
the owner of the manufactured home plans to move, sell, transfer, or reassign or destroy the
manufactured home before all the current taxes are paid, then the owner shall pay the current taxes
in full, not on a pro rata basis. If the taxes are paid in full, the county treasurer shall issue an affidavit
stating that the current year's taxes are paid. If the manufactured home has been destroyed, the owner
shall submit a landfill ticket or proof of destruction to the director of equalization.
Section 4. That § 10-9-3.2 be amended to read:
10-9-3.2. Any transfer or reassignment of a mobile home title shall be accompanied by an
affidavit issued by the county treasurer of the county in which the mobile home is registered, stating
that the current year's real property taxes that are paid due and payable at the time of transfer have
been paid in full. No title will may be transferred or license plate issued other than on a new mobile
home registration until the taxes under § 10-9-3 are paid. No transfer of title shall may be completed
unless the mobile home is registered as provided in § 10-9-3.
Section 5. That § 32-7A-17 be amended to read:
32-7A-17. Any transfer or reassignment of a mobile home or manufactured home title shall be
accompanied by an affidavit issued by the county treasurer of the county in which the mobile home
or manufactured home is registered, stating that the current year's taxes are paid. The county treasurer
shall apply the requirements of §§ 10-21-36 to 10-21-39, inclusive, to determine if the current year's
taxes that are paid due and payable at the time of transfer have been paid in full. No title may be
transferred until the taxes under § 10-9-3 or 10-21-4 are paid. No transfer of title may be completed
unless the mobile home or manufactured home is registered as provided in § 10-9-3 or 10-4-2.6. In
any event the The title or manufacturer's statement of origin shall be transferred within forty-five
days of delivery of the manufactured home or mobile home pursuant to the provisions of §§ 32-3-3.1
and 32-3-27. A violation of this section is a Class 2 misdemeanor.
Section 6. That the code be amended by adding a NEW SECTION to read:
If a manufactured home being sold is reclassified as exempt property, in addition to taxes due
and payable at the time of the sale, the current year's real property taxes shall be paid at the time of
title transfer.
Certified March 26, 2018.
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\93-2018\SessionLaws\059.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\060.wpd
CHAPTER 60
(HB 1119)
Riparian buffer strips.
ENTITLED, An Act to revise certain provisions regarding riparian buffer strips.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-6-31.7 be amended to read:
10-6-31.7. Any agricultural land within one hundred twenty feet of:
(1) A lake assigned immersion recreation or limited contact recreational beneficial uses in
ARSD 74:51:02:02 and listed in ARSD 74:51:02:04; or
(2) A river or stream assigned any of the warmwater or coldwater fish life propagation
beneficial uses in ARSD 74:51:03:02 and listed in ARSD 74:51:03:04 to 74:51:03:27,
inclusive;
that meets the requirements of § 10-6-31.8 is specifically classified for the purpose of taxation as a
riparian buffer strip. The riparian buffer strip shall be assessed at sixty percent of its agricultural
income value as determined by §§ 10-6-33.28 to 10-6-33.34, inclusive.
In addition, the board of county commissioners may, by resolution, authorize the director of
equalization to treat any agricultural land within one hundred twenty feet of a tributary to any lake,
river, or stream specified in subdivision (1) and (2) as a riparian buffer strip for the purposes of
taxation. The riparian buffer strip shall meet the requirements of § 10-6-31.8 and shall be assessed
at sixty percent of its agricultural income value as determined by §§ 10-6-33.28 to 10-6-33.34,
inclusive.
Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\060.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\061.wpd
CHAPTER 61
(HB 1076)
Township's tax levy for emergency medical services.
ENTITLED, An Act to authorize townships to use a tax levy for emergency medical services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-12-28.1 be amended to read:
10-12-28.1. If the allowable tax levy for a township in § 10-12-28 is insufficient to meet other
allowable expenses and, fire protection expenses, and expenses for emergency medical services, an
additional annual tax for the purpose of providing fire protection and emergency medical services
may be levied. However, such the additional levy may not exceed one dollar and twenty cents per
thousand dollars of taxable valuation within the township.
Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\061.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\062.wpd
CHAPTER 62
(SB 56)
Appropriation to fund tax refunds
for elderly or disabled persons.
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
chapter 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,
2019, 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
|
$5,630 5,810
|
35%
|
5,631 5,811
|
5,890 6,070
|
34%
|
5,891 6,071
|
6,150 6,330
|
33%
|
6,151 6,331
|
6,410 6,590
|
32%
|
6,411 6,591
|
6,670 6,850
|
31%
|
6,671 6,851
|
6,930 7,110
|
30%
|
6,931 7,111
|
7,190 7,370
|
29%
|
7,191 7,371
|
7,450 7,630
|
28%
|
7,451 7,631
|
7,710 7,890
|
27%
|
7,711 7,891
|
7,970 8,150
|
26%
|
7,971 8,151
|
8,230 8,410
|
25%
|
8,231 8,411
|
8,490 8,670
|
24%
|
8,491 8,671
|
8,750 8,930
|
23%
|
8,751 8,931
|
9,010 9,190
|
22%
|
9,011 9,191
|
9,270 9,450
|
21%
|
9,271 9,451
|
9,530 9,710
|
20%
|
9,531 9,711
|
9,790 9,970
|
19%
|
9,791 9,971
|
10,050 10,230
|
18%
|
10,051 10,231
|
10,310 10,490
|
17%
|
10,311 10,491
|
10,570 10,750
|
16%
|
10,571 10,751
|
10,830 11,010
|
15%
|
10,831 11,011
|
11,090 11,270
|
14%
|
11,091 11,271
|
11,350 11,530
|
13%
|
11,351 11,531
|
11,610 11,790
|
12%
|
11,611 11,791
|
11,880 12,060
|
11%
|
over 11,880 12,060
|
|
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
|
$9,520 9,740
|
55%
|
9,521 9,741
|
9,881 10,101
|
53%
|
9,882 10,102
|
10,242 10,462
|
51%
|
10,243 10,463
|
10,603 10,823
|
49%
|
10,604 10,824
|
10,964 11,184
|
47%
|
10,965 11,185
|
11,325 11,545
|
45%
|
11,326 11,546
|
11,686 11,906
|
43%
|
11,687 11,907
|
12,047 12,267
|
41%
|
12,048 12,268
|
12,408 12,628
|
39%
|
12,409 12,629
|
12,769 12,989
|
37%
|
12,770 12,990
|
13,130 13,350
|
35%
|
13,131 13,351
|
13,491 13,711
|
33%
|
13,492 13,712
|
13,852 14,072
|
31%
|
13,853 14,073
|
14,213 14,433
|
29%
|
14,214 14,434
|
14,574 14,794
|
27%
|
14,575 14,795
|
14,935 15,155
|
25%
|
14,936 15,156
|
15,296 15,516
|
23%
|
15,297 15,517
|
15,657 15,877
|
21%
|
15,658 15,878
|
16,020 16,240
|
19%
|
over 16,020 16,240
|
|
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 six hundred thirty five thousand eight hundred
ten dollars or less, a sum of two hundred fifty-eight dollars;
(2) If the claimant's income is five thousand six hundred thirty five thousand eight hundred
ten dollars and not more than eleven thousand eight hundred eighty twelve thousand sixty
dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference
between eleven thousand eight hundred eighty twelve thousand sixty dollars and the
income of the claimant; and
(3) If the claimant's income is more than
eleven thousand eight hundred eighty twelve
thousand sixty 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 five hundred twenty nine thousand seven hundred
forty dollars or less, the sum of five hundred eighty-one dollars;
(2) If household income is nine thousand five hundred twenty nine thousand seven hundred
forty dollars and not more than sixteen thousand twenty sixteen thousand two hundred
forty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the
difference between sixteen thousand twenty sixteen thousand two hundred forty dollars
and total household income; and
(3) If household income is more than
sixteen thousand twenty sixteen thousand two hundred
forty 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 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\062.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\063.wpd
CHAPTER 63
(HB 1147)
Property tax collections, delinquent property taxes,
tax certificates, and tax deeds, revised.
ENTITLED, An Act to revise certain provisions concerning property tax collections, delinquent
property taxes, tax certificates, and tax deeds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-21-1 be amended to read:
10-21-1. The county treasurer shall be the collector of collect all property taxes extended upon
the tax list of the county, and all delinquent taxes whether levied for by the state, county, township,
municipality, school, or other purposes, anything in the charter of any municipality to the contrary
notwithstanding, and he shall proceed to collect the same according to law, and to place the same
when collected to the credit of the proper funds or any of its taxing districts.
Section 2. That § 10-21-1.1 be amended to read:
10-21-1.1. The county treasurer shall mail or transmit electronically a written tax bill to each
taxpayer against whom a property tax has been assessed. The property tax bill sent to each taxpayer
may reflect the breakdown of the tax by tax levies. However, the property tax bill shall at least
provide a tax total for each taxing district. A definition shall be provided for any abbreviation used
to describe any entity imposing a tax or special assessment. The property tax bill shall also separately
state the amount of any taxes due as a result of a local decision to exceed the tax increase limits set
forth in § 10-13-36 or 10-12-43 and shall be marked by an asterisk. The notice shall include the
statement: "INDICATES A LOCAL DECISION TO OPT OUT OF THE TAX LIMITATION." If
the local vote to increase taxes had not passed, your the taxes would not have included the items
marked with an asterisk (*). If the treasurer does not mail the property tax receipts described in § 10-21-14, the treasurer shall indicate in the property tax bill or a notice enclosed with the bill that the
treasurer does not intend to send a receipt unless requested by the taxpayer. The county treasurer
shall provide to a taxpayer a tax levy sheet, if If the tax levy breakdown is not shown on the tax bill,
or upon the treasurer on the taxpayer's request shall provide a tax levy sheet to the taxpayer. The
annual tax levy sheet shall contain an example of the computation of the total tax for an individual.
The secretary of revenue shall prescribe a uniform form which shall be used by the county treasurer
for notification of taxpayers as required by this section.
Section 3. That § 10-21-2 be amended to read:
10-21-2. No demand for taxes shall be is necessary in order to fix the liability of the person
against whom they the taxes are assessed, but it shall be is the duty of every person subject to
taxation under this chapter to pay or cause to be paid to the county treasurer the amount thereof due.
Section 4. That § 10-21-4 be amended to read:
10-21-4. Except as provided in § 10-9-10, all taxes shall become are due on the first day of
January first of each year next following assessment, levy, or extension of the taxes and as between
vendor and vendee shall become a lien upon on the real property on and after such date January first.
Section 5. That § 10-21-5 be amended to read:
10-21-5. In all cases where If a receiver shall be is appointed, or an assignment for benefit of
creditors made, or bankruptcy proceedings instituted, or administration of trusts or estates or similar
court administration invoked, of, for, or in on behalf of any person, firm, or corporation in any court
in this state, the personal property taxes of such the person, firm, or corporation shall be a is the first
and preferred claim and charge and paid as part of the expense of administration out of the first funds
or property accruing,. This claim and charge is subject only to the actual court costs and fees allowed
by the court necessary for conducting the administration, and subject also to any absolute exemptions
and family allowance provided by law.
Section 6. That § 10-21-6 be repealed.
Section 7. That § 10-21-7 be amended to read:
10-21-7. The board of county commissioners of any county may authorize the county treasurer
to accept partial payments of taxes, upon application, thereof, any time after January first to apply
against the taxes due. In cases where If the applicant for partial payment owes taxes on more than
one tract or parcel of real property, he must the applicant shall, at the time of application for the
privilege of partial payment, designate the tract or parcel of real property upon which said the partial
payments are payment is to be first applied.
Section 8. That § 10-21-7.1 be amended to read:
10-21-7.1. The board of county commissioners may permit any person to remit property taxes
by electronic transmission in ten equal monthly installments. The first payment shall be made on
January first and the final payment shall be made by October first in the year the taxes are payable.
The board of county commissioners shall by resolution establish the criteria for determining which
taxpayers may remit property taxes by electronic transmission.
Section 9. That § 10-21-7.2 be amended to read:
10-21-7.2. Any remittance transmitted electronically pursuant to § 10-21-7.1 shall be made on
or before the first day of the month and are considered to have been made on the date that the
remittance is credited to the bank account designated by the county treasurer. For purposes of making
any electronic transfers of remittances transfer of remittance pursuant to §§ 10-21-7.1 to 10-21-7.3,
inclusive, the first day of the month means the first day of the month that is not, unless the first day
of the month is a Saturday or, Sunday, or a state or federal a legal holiday enumerated in § 1-5-1, or
a day which the Federal Reserve Bank is closed, then the electronic transfer of remittance is due on
the next succeeding day that is not a Saturday, Sunday, a legal holiday enumerated in § 1-5-1, or a
day which the Federal Reserve Bank is closed.
Section 10. That § 10-21-7.3 be amended to read:
10-21-7.3. Any property taxes remitted by electronic transmission pursuant to § 10-21-7.1 are
delinquent if not remitted by the third day of the month following the month the taxes are due.
However, notwithstanding the provisions of § 10-21-23, the first half of property taxes are not
delinquent if the fifth payment made monthly pursuant to §§ 10-21-7.1 to 10-21-7.3, inclusive, is
credited to the bank account designated by the county treasurer on or before May first. If taxes
become delinquent pursuant to this section, interest shall be added to the delinquent taxes at the
Category G rate as established pursuant to § 54-3-16 for each day the taxes are delinquent.
Section 11. That § 10-21-7.4 be amended to read:
10-21-7.4. The county treasurer is not required to provide a duplicate tax receipt pursuant to
§ 10-21-14 for each tax payment made monthly pursuant to §§ 10-21-7.1 to 10-21-7.3, inclusive. The
county treasurer may provide a receipt for taxes paid when the entire year's taxes are for an entire
year once paid in full. The county treasurer shall provide a receipt if requested by any person who
has paid the entire year's taxes for an entire year in full.
Section 12. That § 10-21-11 be repealed.
Section 13. That § 10-21-12 be repealed.
Section 14. That § 10-21-13 be repealed.
Section 15. That § 10-21-14 be amended to read:
10-21-14. The county treasurer shall make duplicate receipts for tax payments. One receipt may
be delivered to the person paying the taxes and the other shall, within one week, be filed with the
county auditor. The county auditor's copy of the receipt shall specify the property on which the tax
was assessed, the amount of taxes collected for state purposes including the levy for state highways,
the amount of each separate and distinct fund the tax is allocated to, and the years for which any of
the real property described has been sold for taxes and not redeemed, unless the certificates for such
the tax sales are more than six years old.
Any county auditor who fails to enter
upon on any tax receipt the amount of taxes for state
purposes, or any
county treasurer who fails to specify on the
duplicate tax receipt the information
required by this section, is guilty of a Class 2 misdemeanor.
Section 16. That § 10-21-16 be amended to read:
10-21-16. All tax receipts issued by the county treasurer shall be bound in books of convenient
size, or in such the form as may be prescribed by the auditor-general and numbered consecutively,
commencing with number one on the first receipt issued for the taxes of any one year, and he shall
not receipt for more than one year's taxes on the same property in one tax receipt, nor shall more than
one series of numbers be used for any one year's taxes, but a. A separate and distinct series of
numbers of receipts shall be kept and issued for the taxes of each year for which the same taxes have
been levied and assessed.
Section 17. That § 10-21-17 be amended to read:
10-21-17. A county treasurer or his deputy or any other person who intentionally issues a tax
receipt or duplicate tax receipt which states that any part of the amount thereof was paid in warrants
or orders when the same by a warrant or order if the tax was paid in cash is guilty of a theft.
Section 18. That § 10-21-18 be amended to read:
10-21-18. A county treasurer or his deputy, or any other person, who intentionally issues a tax
receipt, or duplicate tax receipt, required by this title, by fraudulently making the tax receipt and its
duplicate, or the paper document purporting to be its duplicate, different from each other, with intent
to defraud the state, any county, or any person, is guilty of theft.
Section 19. That § 10-21-19 be amended to read:
10-21-19. Whenever If any taxes are paid, the county shall record in the tax list, opposite on the
record of the description of the real property whereon the same for which the taxes were levied, the
date of such the payment and the name of the person paying the same taxes.
Section 20. That § 10-21-20 be amended to read:
10-21-20. Upon After payment in full of all taxes upon on any tract of land real property which
has been subdivided, rearranged, or platted into lots, it shall be the duty of the county treasurer of
the county in which such tract is situated to attach to shall sign the plat of such subdivision his
certificate to certify that all taxes which are liens upon the tract so subdivided as shown by the
records of his office have been fully paid, for which certificate the treasurer shall receive no fee paid
in full.
Section 21. That § 10-21-21 be amended to read:
10-21-21. The county shall establish a system of procedures to ensure that the proper amount of
taxes have been is collected, receipted into accountability, and deposited in the proper amount. If it
appears that the treasurer has not collected the full the amount of taxes and interest which according
deposited by the treasurer is less than the receipts shown to be collected pursuant to the tax list and
the terms of the receipt the treasurer should have collected, the county auditor shall forthwith charge
the treasurer with the amount such receipt falls that the deposits fall short of the true amount, and
the treasurer shall be liable on the official bond to account for and pay over the same collected.
Section 22. That § 10-21-23 be amended to read:
10-21-23. On the first day of May first of the year after which taxes have been assessed, one-half
of all unpaid real estate property taxes are delinquent. However, all real estate property taxes totaling
fifty dollars or less shall be paid in full on or before April thirtieth. On May first and the first day of
each month thereafter there shall be added as interest on the delinquent taxes at the Category G rate
of interest as established in § 54-3-16. If the other half is not paid on or before the thirty-first day of
October thirty-first of the same year, that amount also becomes delinquent on November first and
the same interest shall attach in the same manner. If the last day of April or October falls on a
Saturday or Sunday, the tax is due and payable on the last working day of that month. The tax
payment shall either be received in the office on the last working day or the tax payment shall be
postmarked by the last day prior to before the taxes becoming become delinquent.
Section 23. That § 10-21-25 be amended to read:
10-21-25. All penalty and interest provided for in § 10-21-23 shall be collected by the treasurer
in addition to the principal amount thereof.
Section 24. That § 10-21-26 be repealed.
Section 25. That § 10-21-27 be amended to read:
10-21-27. The county treasurer auditor shall pay over to the treasurer of any municipality,
township, or school district, on the order of the county auditor, to each taxing district all money
received by him the treasurer arising from taxes levied and collected, belonging to such municipality,
township, or school district, and shall require the treasurer to whom such payment is made to receipt
upon the back of such order for the same, or the county treasurer may, on written order, duly signed
and acknowledged by any municipality, township, or school district treasurer, either transmit the
money by mail or deposit the money to the credit of the local treasurer in the bank in which his
account of tax money is kept on behalf of the taxing district.
Section 26. That § 10-21-28 be repealed.
Section 27. That § 10-21-29 be repealed.
Section 28. That § 10-21-30 be repealed.
Section 29. That § 10-21-31 be amended to read:
10-21-31. The county auditor, upon notification by the director of equalization of any unreported
improvements improvement pursuant to § 10-6-36.1, shall notify the owner of such the real property
that the improvements improvement shall be added to the tax roll for each year that the
improvements were improvement was made to the real property and that taxes and interest shall be
are due on such improvements the improvement from the first assessment date after such
improvements were the improvement was made. The notice shall describe the real property in
general terms, describe the improvements improvement to be added to the tax roll with their the
value, the years that such improvements shall be the improvement is added to, specify the amount
of tax and interest that shall be is owed, and inform the person when he shall to appear before the
county auditor to show cause why such improvements the improvement should not be added to the
tax roll. The notice shall be sent at least fifteen days before the hearing to the last known address of
the owner of the real property.
Section 30. That § 10-21-32 be amended to read:
10-21-32. If, after the hearing required by § 10-21-31, the owner of such the real property has
not shown cause why such improvements the improvement should not be added to the tax roll, the
county auditor shall add such improvements the improvement to the tax roll for each year that such
improvements the improvement existed and the county treasurer shall collect the taxes and interest
owed on such improvements the improvement. The interest provided in § 10-21-23 shall apply
applies to the taxes owed on improvements added to the tax roll pursuant to this section from the
first assessment date after the real property was improved.
Section 31. That § 10-21-33 be amended to read:
10-21-33. Taxes upon on real property and any penalty and interest imposed thereon shall be is
a perpetual lien thereon against all persons and bodies corporate, except the United States and this
state.
Section 32. That § 10-21-35 be amended to read:
10-21-35. Any person who has purchased an interest in any real estate property causing the
property to be divided and has filed files all legal documents with the register of deeds may request
the director of equalization to divide the assessed value between each property. The person
requesting the assessed value to be divided shall pay the share of taxes against such the real estate
property without requiring the immediate payment of the taxes charged against the remaining
property. The taxes shall be divided according to any agreement made by the purchaser and seller;
if there is no agreement, the taxes shall be divided by the proportionate area purchased. The tax
receipt shall show the portion of the taxes paid and the name and address of the person paying the
tax.
Section 33. That chapter 10-21 be amended by adding a NEW SECTION to read:
For purposes of chapters 10-21 to 10-26, inclusive, the following terms mean:
(1) "Courthouse," the county courthouse, the administrative building where the county office
of treasurer is located, or a building where the board of county commissioners meet;
(2) "Treasurer," the county treasurer.
Section 34. That § 10-22-1 be amended to read:
10-22-1. Between the first and fifteenth day of November in each year, the county treasurer shall
prepare and mail or transmit electronically a statement to each person owing mobile home taxes or
taxes on a building located on a leased site which are delinquent, except those entered any person
on the uncollectible mobile home tax list or owing by persons known to the treasurer to be dead. The
statement shall show the amount of the delinquent mobile home taxes or delinquent taxes on a
building located on a leased site computed to the date of the statement and shall notify the person
owing the delinquent taxes that unless the delinquent taxes are paid in full on or before the thirtieth
day of November December first, a penalty of one dollar five dollars shall be added each year to the
delinquent taxes and a notice published of the delinquent taxes. The notice shall be published in the
official newspapers of the county during the week next preceding the third Monday in December.
Section 35. That § 10-22-2 be amended to read:
10-22-2. During the week next preceding the third Monday in December in each year, the county
treasurer shall publish in each of the official newspapers of the county, the name of each person
whose mobile home taxes or taxes on a building located on a leased site are delinquent. The notice
shall contain the name of each taxpayer owing delinquent mobile home taxes or delinquent taxes on
a building located on a leased site and the aggregate amount, including interest and penalty,
remaining unpaid. The notice does not need to include the name of any delinquent taxpayer known
to the county treasurer to be dead deceased. The county treasurer shall charge and collect in addition
to the taxes, penalty, and interest, the sum of one dollar against each person whose name appears in
the publication. The county treasurer shall deposit the money collected into the county treasury
general fund. The county shall pay the publisher of the notice the sum of thirty-three cents for each
name appearing in the notice.
Section 36. That § 10-22-5 be amended to read:
10-22-5. If the owner of any bill or claim against the county, other than salary, which that has
been allowed either in whole or in part by the board of county commissioners, owes any delinquent
real property taxes or delinquent mobile home taxes in that county, the county auditor of that county
shall deduct the amount of such the delinquent taxes from the amount so allowed, and. The treasurer
shall issue to the owner of the bill or claim a warrant payment for the balance, if any. In case If the
amount due for delinquent real property taxes or delinquent mobile home taxes exceeds the amount
allowed on that bill or claim, the county auditor shall apply the whole amount allowed toward the
payment of such the delinquent taxes.
Section 37. That § 10-22-7 be amended to read:
10-22-7. Whenever If the county auditor shall deduct or apply deducts or applies any amount to
taxes pursuant to § 10-22-5 he, the county auditor shall issue and deliver to the county treasurer a
warrant for the amount so deducted or applied, and. The county auditor shall write mark on the face
of such the warrant, in red ink, the following: "Issued in payment (or part payment) of delinquent
taxes of ________," giving the name of the person whose delinquent taxes are thus were paid or
partly paid.
Section 38. That § 10-22-8 be amended to read:
10-22-8. The county treasurer may issue a distress warrant against any person whose mobile
home taxes or taxes on a building on a leased site are delinquent at any time and he. The treasurer
shall issue a distress warrant against any person whose mobile home taxes or taxes on a building on
a leased site are delinquent when requested by any county commissioner or sheriff of the county.
Section 39. That § 10-22-9 be amended to read:
10-22-9. County treasurers' A treasurer's distress warrants warrant shall be addressed to the
sheriff of the county and shall be in substantially the following form:
I hereby certify that the mobile home taxes
or taxes on a building on a leased site for the year
________, assessed against ________ in the sum of ________ dollars, are unpaid, and I
desire such
request the taxes to be collected, and authorize and direct the sheriff of this county to proceed
forthwith to collect the same with the collection of the taxes.
Given under my hand this ________ day of ________, 20 ____.
__________ County treasurer Treasurer of _______ county
Section 40. That § 10-22-10 be amended to read:
10-22-10. The county treasurer shall issue and deliver the distress warrant in duplicate to the
sheriff. Such The distress warrant shall constitute constitutes the sheriff's authority and he the sheriff
shall immediately proceed to execute the same, and distress warrant. The sheriff shall collect the tax
by seizure of personal property of such the person to in an amount sufficient to pay such the tax, with
accrued penalty and interest, if any, and all accruing costs, wherever the same may be found in the
county.
Section 41. That § 10-22-11 be amended to read:
10-22-11. No property shall be is exempt from such the seizure except personal property
absolutely exempt from execution.
Section 42. That § 10-22-12 be amended to read:
10-22-12. The sheriff shall, upon receipt of any distress warrants warrant from the treasurer
showing delinquent mobile home taxes or taxes on a building on a leased site, immediately proceed
with due diligence to collect all taxes shown by each of said distress warrants warrant to be
delinquent in accordance with the provisions of §§ 10-22-14 to 10-22-27, inclusive. The failure of
the sheriff to so proceed constitutes nonfeasance in office and shall subject such subjects the sheriff
to removal from office in the manner provided in § 10-22-13.
Section 43. That § 10-22-13 be amended to read:
10-22-13. If the sheriff of any county fails to proceed in the collection of delinquent mobile home
taxes or taxes on a building on a leased site as provided in § 10-22-12, the state's attorney of said the
county shall, upon resolution of the board of county commissioners, institute proceedings a special
proceeding in the circuit court for his the county, which shall constitute a special proceeding. Such.
The proceeding shall be instituted by petition of the state's attorney to the circuit court who shall
thereupon issue its an order fixing the time and place location of a hearing on said the petition. Said
The order and copy of said the petition shall be served upon said the sheriff not less than ten days
prior to before the date fixed for hearing. Upon such hearing, if If the court finds such the sheriff
guilty of nonfeasance of office as defined in § 10-22-12, the court shall, by appropriate order, remove
such the sheriff from office and the vacancy thereby created shall be filled as provided by law.
Section 44. That § 10-22-14 be amended to read:
10-22-14. Before making seizure of seizing any property the sheriff shall ascertain from the
records in the office of the register of deeds, the:
(1) The amount of any mortgages, conditional sales contracts, or other liens upon the
property, and also the; and
(2) The names and addresses of the
lien holders and shall also procure from the county
auditor a copy of the assessment blank upon which the tax is based, if the same is then on
file with such county auditor lienholders.
Section 45. That § 10-22-15 be amended to read:
10-22-15. In making the seizure of property, the sheriff shall first seize such property as that is
not encumbered by any lien of record but nothing herein contained shall prevent the sheriff from
seizing any property for the tax based on that specific property, nor from seizing sufficient
encumbered property to exact the proportion of the whole tax to be collected, which the value of
such encumbered property bears to all of the available property subject to the distress warrant, nor
shall anything herein contained prevent the sheriff from resorting to encumbered property for
collection of all of said tax, if the same is otherwise liable, and if the. The sheriff is unable may seize
encumbered property if, after due diligence, the sheriff is unable to collect the said tax as
hereinbefore otherwise specified taxes due from unencumbered property. Any unpaid mobile home
taxes or taxes on a building on a leased site shall be a first lien on the mobile home or building on
a leased site. This tax lien has a priority over any other lien including a lien that was attached before
the tax lien. Nothing provided in this section prevents the sheriff from first seizing an encumbered
mobile home or building on a leased site for which the delinquent taxes are based.
Section 46. That § 10-22-16 be amended to read:
10-22-16. The distress warrant shall be executed by service of a copy of the same together
distress warrant with a notice of the levy upon the owner of the property, or if he. If the owner cannot
be conveniently found by service of the same upon the person from whose possession the property
is taken, and mailing copies of the same served in person, the sheriff may mail the distress warrant
to the last known address of the owner, and if no one in possession can. If the owner cannot be
found, nor any address of the owner be ascertained, then by seizure of the property, and posting a
copy of the distress warrant and the notice of levy upon shall be posted on the bulletin board at the
front door of the courthouse of the county.
Section 47. That § 10-22-17 be amended to read:
10-22-17. If the property consists of bulky materials or property which cannot be practicably or
conveniently moved, the sheriff may hold the same and the sale thereof and sell the materials and
property at the place where it is located, and in such cases. In this case, the sheriff, in addition to the
service and notice specified in § 10-22-16, he shall file a copy of his the notice of levy in the office
of the register of deeds of the county, stating among other things the:
(1) The name of the person against whom the distress warrant was issued, the;
(2) The description of the property, the;
(3) The amount of the tax claim, and a; and
(4) A description of the real
estate property where the property is located.
Section 48. That § 10-22-18 be amended to read:
10-22-18. The sheriff shall forthwith fix a time and place location for sale of the property seized,
which time must be not may not be less than ten nor more than thirty days after the seizure, and
which place. The location for the sale may be at any public place location within the county or where
the property is located in the case of bulky material or property incapable of being conveniently
moved. Notice of the sale shall be given by posting the same notice in three public places locations
in the county, at least ten days before the date of the sale. The notice shall state the:
(1) The time and place location of the sale; the
(2) The name of the person against whom the distress warrant was issued; a
(3) A description of the property; and the
(4) The amount of the tax claim, and.
The notice shall identify the particular taxes for which the sale is to be made
; it shall and also
refer to the
distress warrant under which the sale is to be held.
Copies A copy of the notice shall also
be mailed to
all encumbrancers any lienholder of record at
their addresses the address as shown by
the
encumbrances lien of record
and if. If no address appears in
such encumbrances a lien of record,
mailing of notice
shall is not
be required. The failure
so to mail notice
shall does not invalidate the
sale
but. However, the
encumbrancer shall lienholder does have recourse against the sheriff for any
damage
he the lienholder may show.
Section 49. That § 10-22-19 be amended to read:
10-22-19. If upon seizure being made and any time before sale, the property owner, or any person
interested, or anyone in his on the owner's behalf shall pay pays to the sheriff the amount of the tax
with the legal interest, penalty, and other costs then due after the property has been seized and before
the sale, the levy or seizure shall be is abated, and the. The property shall be released to the owner,
at the place it may then be location the property is located, and receipt shall be given for the taxes
so paid.
Section 50. That § 10-22-20 be amended to read:
10-22-20. The county treasurer shall furnish the sheriff with triplicate receipts having the
following words printed thereon: "Sheriff's receipt for mobile home taxes." Upon a receipt of taxes
paid. After the collection of any taxes, interest, penalties, fees, or other costs, the sheriff shall issue
receipts therefor, the a receipt for the money collected. The original to receipt shall be delivered to
the payor and the duplicate receipt to shall be filed with the treasurer. The treasurer shall cancel such
remove the tax upon from the duplicate tax list in his the office and enter thereon the date and
number of the sheriff's receipt. The treasurer shall issue a regular tax receipt for the full amount and
promptly deliver the receipt to the tax debtor.
Section 51. That § 10-22-21 be amended to read:
10-22-21. If the tax, penalty, interest, and other costs are not paid before the time fixed for sale,
the sheriff shall sell the property, or so as much thereof of the property as may be necessary, at the
time and place fixed location in the notice, at public auction to the highest bidder for cash. The sale
shall be is absolute and without right of redemption. The sheriff shall give to the purchaser, if
demanded, a bill or certificate of the sale which shall transfer to said purchaser transfers the property
to the purchaser with the same legal effect as if executed by the owner and same. The certificate of
sale shall be accepted as evidence of such the title by all public officials, courts, and departments of
the state or any of its political subdivisions, and in the courts thereof.
Section 52. That § 10-22-22 be amended to read:
10-22-22. The sheriff may adjourn the sale from time to time, not exceeding for a period not to
exceed three days, and shall adjourn at least once if there are no bidders. The adjournment shall be
made by public announcement at the time and place location of the sale and by posting a notice
thereof at such of the adjournment at the time and place location of the sale.
Section 53. That § 10-22-23 be amended to read:
10-22-23. If the property cannot be sold for want of bidders does not sell, the sheriff shall return
the property to the possession of the person from whom or to the place where he the sheriff took the
same property and the taxes shall be returned as remain unpaid.
Section 54. That § 10-22-24 be amended to read:
10-22-24. The sheriff shall make returns submit a return to the county treasurer on all each
distress warrants warrant as soon as executed, and at least within one year six months after date of
issue of the same distress warrant, stating the amounts, if any, which that have been collected upon
the distress warrant, or that upon. After the sheriff has completed a diligent search and no property
could be found whereof is found to collect for the same, and showing distress warrant, the sheriff
shall report the number of miles actually and necessarily traveled in executing each distress warrant
and the number of distress warrants executed on each trip. If a sale was made under any distress
warrant he, the sheriff shall show the procedure thereof of serving the distress warrant, including the
giving of notice as required and, the time and place location of the sale, names, amounts the name
of each purchaser, the amount bid and paid by purchasers each purchaser, and the property struck
and sold to each purchaser.
Section 55. That § 10-22-25 be amended to read:
10-22-25. At the time of making each When submitting the return to the treasurer, the sheriff
shall turn over to the county treasurer the full amount collected together with his duplicate and
provide a receipt therefor, and shall take a receipt from the treasurer for the same for the amount. The
treasurer shall issue a receipt to the sheriff for the amount received.
Section 56. That § 10-22-26 be amended to read:
10-22-26. The balance remaining due on any tax after deducting the net collections made by the
sheriff as shown by his the return on the distress warrant shall remain remains collectible as a tax
with the same force and effect as before the distress warrant was issued and. A subsequent distress
warrants warrant may be issued therefor for the balance due or other remedies for collection may be
invoked.
Section 57. That § 10-22-27 be amended to read:
10-22-27. Any surplus remaining after paying the taxes, penalty, interest, and other costs, shall
be returned to the owner and if he. If the owner cannot be found within one year, the surplus shall
be deposited with the clerk of courts for the benefit of any person who may be entitled thereto in the
county general fund.
Section 58. That § 10-22-28 be amended to read:
10-22-28. The sheriff is allowed for collecting taxes the following fees: twenty-five dollars for
making the sheriff's return on the sheriff's warrant of authority; fifteen dollars for each levy;
and ten
dollars for each sale and necessary costs of
distress and the sale
, which. The fees and costs shall be
collected from the tax debtor or the tax debtor's property. If actual travel is made in collecting taxes,
the sheriff shall also collect from the tax debtor or the tax debtor's property an additional penalty,
in lieu of mileage, equal to fifteen percent of the amount of tax and interest due
, which, with all. The
fees and costs collected
, pursuant to this section shall be
credited to the general fund of deposited
in the county
general fund. The sheriff shall receive from the county mileage for each mile actually
and necessarily traveled at the rate provided by law. However, the sheriff is not allowed mileage for
collecting taxes within the corporate limits of the county seat.
Section 59. That § 10-22-29 be repealed.
Section 60. That § 10-22-30 be amended to read:
10-22-30. On the first day of each regular meeting of the board of county commissioners, the The
treasurer shall present all to the board of county commissioners each distress warrants warrant
returned by the sheriff uncollected. The board shall then examine such returns and, if satisfied from
any report of the sheriff or treasurer or facts in its own knowledge, that each return. If the taxes
described in any such distress warrant cannot be collected, it the board shall declare the same taxes
to be uncollectible and the treasurer shall thereupon place the same taxes on the uncollectible list in
a book provided for that purpose, and no. A distress warrant shall thereafter may be issued therefor
except on reissued for the taxes by the order of the board of county commissioners or on written
demand of the sheriff. The treasurer does not need to make an additional effort to collect any mobile
home taxes or taxes on a building on a leased site declared to be uncollectible until it is determined
either by the board of county commissioners or the treasurer that the tax has become or may become
collectible.
Section 61. That § 10-22-31 be repealed.
Section 62. That § 10-22-32 be repealed.
Section 63. That § 10-22-33 be amended to read:
10-22-33. The treasurer shall issue distress warrants covering all taxes not declared uncollectible
unless other remedies be are pursued for the collection thereof of the taxes as provided by law.
Section 64. That § 10-22-53 be amended to read:
10-22-53. When If any mobile home taxes heretofore or hereafter levied shall stand charged or
taxes on a building on a leased site are levied against any person, and the same is taxes are not paid
within the time prescribed by law, the county treasurer whose duty it is to collect such taxes, in
addition to any other remedy provided by law for the collection of such taxes, may enforce the
collection thereof of the taxes by a civil action in the circuit court for his the county, in his name as
such treasurer, against such person for the recovery of such unpaid taxes. The venue of such the
action shall remain in the county where the tax is of record regardless of the residence of the parties
and such the action may be so maintained against nonresidents of the state.
Section 65. That § 10-22-54 be amended to read:
10-22-54. The county treasurer may also, upon securing approval of the board of county
commissioners, institute and maintain such an action in another state or in the federal courts, at his
election.
Section 66. That § 10-22-55 be amended to read:
10-22-55. The
county treasurer may
invoke all ancillary remedies and proceedings, including
attachment, garnishment, receivership, and others use any ancillary remedy or proceeding provided
by law of this or any jurisdiction in which an action under § 10-22-53 or 10-22-54 may be brought.
Section 67. That § 10-22-56 be amended to read:
10-22-56. It shall be is sufficient for such the treasurer to allege in his a complaint that the taxes
stand charged against the defendant, that the same taxes are delinquent and unpaid, stating the year
or years and the amount for each year, and such. The treasurer shall is not be required to set forth in
his the complaint or by a bill of particulars any other or further matter relating thereto and the
duplicate to the delinquent taxes. The tax list or lists shall be is prima facie evidence of the amount
and validity of such the taxes appearing due and unpaid thereon, and of and the nonpayment of the
same; and if, taxes. If, on the trial of the action, it shall be is found that such the person is so indebted
owes taxes, judgment shall be rendered in favor of such the treasurer so prosecuting such the action
as in other cases, and the. The judgment debtor shall not be is not entitled to the benefit of any
exemptions other than those made absolute.
Section 68. That § 10-22-57 be amended to read:
10-22-57. The In an answer, the defendant may set up by way of answer assert any defense which
he the defendant may have to the collection of the taxes. If the defendant claims the taxes to be void,
the court must in the action shall ascertain the just correct amount of mobile home taxes due from
the person for the year or years for which it is claimed the taxes are delinquent, and if, in its. If, in
the court's opinion, the assessment or any subsequent proceeding has been rendered is void or is
voidable by the omission or commission of any act required or prohibited, the court shall reassess
the property or order it the property to be reassessed by the director of equalization acting at the time
of such the order, and shall thereupon. The court shall render judgment for the just correct amount
of taxes due from the defendant for that year or years.
Section 69. That § 10-22-58 be amended to read:
10-22-58. When If any person having who owes delinquent mobile home taxes charged against
him or taxes on a building on a leased site leaves the state and establishes residence outside the state,
the board of county commissioners of the county wherein such taxes were levied, may employ
assistance outside of this state to collect such the delinquent taxes, and. The board may pay out of
the funds of the county for such delinquent taxes collected for the collection services a commission
of not to exceed fifty percent of the amount collected.
Section 70. That § 10-22-59 be amended to read:
10-22-59. The courts of this state shall recognize and enforce the liability for taxes lawfully
imposed by the laws of any other state which extends like comity in respect of that recognize and
enforce the liability for taxes lawfully imposed by the laws of this state. The officials of such the
other state are authorized to bring action in the courts of this state for the collection of such taxes.
The certificate of the secretary of state of such the other state that such officials have an official has
the authority to collect the taxes so to be collected by such action shall be is conclusive proof of that
authority.
Section 71. That § 10-22-60 be amended to read:
10-22-60. The term, taxes, as used in §§ 10-22-59 and 10-22-61 shall include means:
(1) Any and all tax assessments lawfully made whether they be the taxes are based upon a
return or other disclosure of the taxpayer, upon the information and belief of the taxing
authority, or otherwise;
(2) Any and all penalties lawfully imposed pursuant to a taxing statute; and
(3) Interest charges lawfully added to the tax liability which constitutes the subject of the
action.
Section 72. That § 10-22-61 be amended to read:
10-22-61. The attorney general of this state is empowered to may bring action in the courts of
other states to collect taxes legally due this state.
Section 73. That § 10-22-62 be amended to read:
10-22-62. The provisions of this chapter shall apply to the collection of the taxes and interest
owed on improvements a mobile home, a building on a leased site, and any improvement added to
the tax roll pursuant to §§ 10-6-36.1 to 10-6-36.3, inclusive, and §§ 10-21-31 and 10-21-32.
Section 74. That § 10-23-1 be amended to read:
10-23-1. Whenever If delinquent special assessments levied in any municipality shall be are
certified to the county auditor as provided in Title 9, it shall be the duty of such title 9, the county
auditor immediately to shall certify the same delinquent special assessments to the county treasurer,
and such. The delinquent special assessments shall be collected by the county treasurer, by sale of
the lots or parcels of land so assessed real property subject to the special assessment at the next
succeeding sale of real property for delinquent taxes,. The sale of the real property shall be conducted
in the same manner and at the same, time, and place location as it is for real property being sold for
delinquent property taxes.
Section 75. That § 10-23-2 be amended to read:
10-23-2. The treasurer shall give notice of the sale of real property for taxes or assessments the
tax certificate by publication thereof of the sale once during the week before the sale in the official
newspapers of the county as designated by the board of county commissioners. If there is no
newspaper published in the county, the treasurer shall give notice by written or printed notice posted
at the door of the courthouse or building in which the circuit court is commonly held, or the usual
place of meeting of the county commissioners, for two weeks previous to before the sale. The county
auditor shall reconcile the published list of unpaid taxes to the unpaid taxes in the tax list.
Section 76. That § 10-23-2.1 be amended to read:
10-23-2.1. In addition to the notice required by § 10-23-2, the county treasurer shall send the
notice containing the information set forth provided in §§ 10-23-2.5 and 10-23-3 by first class mail
or by electronic means to:
(1) Any owner of the real property at the owner's last known address;
(2) Any person holding a special assessment certificate which is a lien upon the real estate
property; and
(3) If bonds have been issued in lieu of assessments certificates, to the holder of the bond last
maturing; and
(4) If the property is located in a municipality, to the auditor, clerk, or The municipal finance
officer of the municipality, if the property is located in a municipality.
The
county treasurer shall mail or transmit electronically the notice at least fourteen days before
the day of sale. The
county treasurer shall certify, on the tax certificate
record book records for that
tax year, that notice was given in the manner prescribed by this section.
Section 77. That § 10-23-2.2 be repealed.
Section 78. That § 10-23-2.3 be amended to read:
10-23-2.3. The board of county commissioners may by resolution require that the name, address,
and the amount of taxes, penalty, and interest due, and the years the taxes are due of any delinquent
taxpayer whose real property tax certificate was sold or offered for sale at a tax certificate sale
pursuant to this chapter be published each year that a tax certificate is outstanding until such time
as a the tax deed is issued.
Section 79. That § 10-23-2.4 be amended to read:
10-23-2.4. The county treasurer shall notify both the seller and the buyer under a contract for
deed of delinquent property taxes if the contract has been recorded in the Office of the Register of
Deeds. The notice shall include the years that the taxes are delinquent and the amount of delinquent
taxes. If the seller and buyer are not notified, the county may not impose an interest penalty on the
property because the taxes are delinquent.
Section 80. That § 10-23-2.5 be amended to read:
10-23-2.5. Any property owner of a homestead that receives a notice of delinquent taxes or a
notice pursuant to § 10-23-2.1 who will be seventy years of age or older by the date of the tax
certificate sale for the homestead shall notify the county treasurer prior to before the sale that the
owner occupies the home and meets the age requirement for the homestead exemption provided
pursuant to chapter 43-31. If the owner fails to notify the county treasurer that the owner occupies
the home and meets or will meet the age requirement for the homestead exemption, the owner shall
be held responsible for any costs incurred related to the sale of the tax certificate and the payment
of the taxes and interest on the tax certificate. The notice required by § 10-23-2.1 shall include a
statement informing the owner of the each requirement imposed by this section and the applicable
penalties.
Section 81. That § 10-23-3 be amended to read:
10-23-3. The notice required by § 10-23-2 shall contain a notification that all real property on
which the taxes of the preceding year or years remain unpaid that a tax certificate will be sold, and
of the. The notice shall include:
(1) The time and place of the sale and the notice must contain a;
(2) A list of the real property tax certificates to be sold on which the taxes of the preceding
year or years were unpaid as of the close of business on the first Monday of December,
the;
(3) The name of the parties, against whom it is the taxes are assessed, or current owner of
record; and the
(4) The amount of taxes due.
Section 82. That § 10-23-5 be amended to read:
10-23-5. The county treasurer shall charge and collect, in addition to the taxes and special
assessments, and interest and penalty, the sum of four dollars and fifty cents on each tract of real
property and on each municipal lot or group of municipal lots advertised for sale or published
pursuant to § 10-23-2.3, and each municipal lot or group of municipal lots, comprising a single
description, if the municipal lot or group of municipal lots are sold for delinquent special
assessments or published pursuant to § 10-23-2.3, which sum shall be paid into the county treasury.
The fee collected pursuant to this section shall be deposited in the county general fund. The county
shall pay the cost of publication for the information published pursuant to § 10-23-2.3.
Section 83. That § 10-23-6 be amended to read:
10-23-6. Within thirty days after the completed publication required by § 10-23-2, each official
newspaper in which any such the notice is was published, whether there be one, two, or three such
newspapers, shall receive one-third of the total sum fee charged to the delinquent lands property for
advertising. If the notice was published in one or two official newspapers, each newspaper may only
receive one-third of the fee charged and the balance shall be deposited in the county general fund.
Section 84. That § 10-23-7 be amended to read:
10-23-7. On the third Monday of December in each year, between the hours of nine a.m. and four
p.m. the treasurer shall offer at public sale at the courthouse, or at the place of holding circuit court
in his county, or at the treasurer's office where by law, the taxes are made payable, all lands, town
lots, or other a tax certificate for any real property which shall be that is liable for taxes of any
description for the preceding year or years, and which shall remain that remains due and unpaid, and
he. The treasurer may adjourn the sale from day to day until all the lands, lots, or other real property
tax certificates have been offered. No taxable property shall be is exempt from levy and sale for taxes
except as provided in § 43-31-1.
Section 85. That § 10-23-8 be amended to read:
10-23-8. Before making a sale of lands and town lots on which taxes have not been paid a tax
certificate, the treasurer shall offer a tax certificate for each separate tract parcel of real property for
sale in the numerical order in which it appears on the tax list and receive bids for it the tax certificate.
If any person bids the full amount of the taxes, interest, and costs due on the land or town lots,
stating in the bid the lowest rate of interest per year at which the bidder will pay the taxes assessed
and due against the land and lots property, the treasurer shall sell and issue to that person bidder the
land or town lots and shall issue a certificate of sale to the purchaser tax certificate. In no case may
the rate of interest exceed the rate named in the bid and the. The bid offered on the land or lots tax
certificate at the lowest rate of interest per year shall be is considered the best bid. No rate of interest
higher than ten percent per year is a valid bid pursuant to this section. Upon redemption of a tax
certificate that has been sold or assigned to a purchaser other than the county, a fee shall be deducted
from the proceeds paid to the holder of the tax certificate. The county commission may, by
resolution, establish a fee not to exceed fifty dollars. No property owner may be assessed this
additional fee. The fee shall be deposited in the county general fund. Nothing less than the entire
tract or lot may be sold.
Section 86. That § 10-23-9 be amended to read:
10-23-9. Should If any person bidding fail fails to pay the amount due, the treasurer may again
offer the land or town lot tax certificate for sale if the sale has not been closed, and if it. If the sale
has been closed, he the treasurer may again advertise it specially and by description the tax certificate
by one written or printed notice posted for two weeks on the door of the courthouse or place where
the circuit court is usually held, after which it. After the additional two week posting, the tax
certificate may be sold at public sale; or the treasurer may recover the amount by civil action,
brought in the name of the county in which the sale was held.
Section 87. That § 10-23-10 be amended to read:
10-23-10. Sales The sale of property a tax certificate made for the collection of delinquent special
assessments shall be conducted in the same manner as other tax certificate sales made by the county
treasurer and the owners. The owner of the property so sold shall have has the same length of time
in which to redeem the same tax certificate, and be is entitled to the same notice before used for the
issuance of a tax deed as in other cases of tax sales.
Section 88. That § 10-23-11 be amended to read:
10-23-11. On or before the last Monday of December following the sale of real property a tax
certificate, the treasurer is required to file in the office of the county auditor of his county a return
of his the sale, retaining and retain a copy in his the treasurer's office, showing the real property:
(1) Each tax certificate sold, the name of the purchasers;
(2) The name of each purchaser and the sums paid by them, and also a amount paid; and
(3) A copy of the notice of the sale, with a certificate of the advertisement, verified by an
affidavit, and such returns shall be evidence of the regularity of the proceedings an
affidavit of publication.
The description of the real property
represented in the tax certificate in
such each return shall be
entered in the same numerical order as
required in the tax list.
Section 89. That § 10-23-12 be amended to read:
10-23-12. After the tax certificate sale shall have has been closed, and after the treasurer has
made his filed the return thereto to with the county auditor, if any real property tax certificate
remains unsold for want of bidders, the treasurer is authorized and required to sell the same tax
certificate at private sale at his the treasurer's office to any person who will pay the amount of taxes,
penalty, and costs thereon for the same, and to due on the property. The treasurer shall deliver to
purchasers each purchaser a tax certificate as provided by law and to make out duplicate receipts a
receipt for the taxes on such real estate, and deliver one to the purchaser and the other to the real
property and file a receipt with the county auditor as in this title provided, with the additional
statement inserted in the certificate that such real property has been offered at public sale for taxes
but not sold for want of bidders, and in which certificate he is required to write "sold for taxes at
private sale." The treasurer is further authorized and required to sell as aforesaid all real property in
his county in which taxes remain unpaid and delinquent for any previous year or years.
Section 90. That § 10-23-13 be repealed.
Section 91. That § 10-23-14 be amended to read:
10-23-14. If real property a tax certificate is sold by mistake or wrongful act of the treasurer, the
county shall refund the purchaser, his the purchaser's heirs, assigns, or personal representatives the
amount paid upon the sale on the real property and any subsequent taxes paid to protect the tax sale
certificate, with interest at the Category A rate of interest as established in § 54-3-16 from the date
of the payment. The refund shall continue until paid or until notice is served by the county treasurer
of the county, either personally or by registered or certified mail, upon the purchaser, his the
purchaser's heirs, assigns, or personal representatives, demanding that the tax certificate be
surrendered in for cancellation. The treasurer and sureties on his official bond shall be liable to the
county for any amounts so refunded in cases where no tax was due and a sale was made by mistake
or wrongful act of the treasurer.
Section 92. That § 10-23-15 be amended to read:
10-23-15. When, after If any real property has been assessed, and the entry is canceled by the
United States government, or when a contract of sale upon school land has been canceled prior or
subsequent to tax sale or when a mortgage securing moneys belonging to the permanent school or
educational funds has been foreclosed and no redemption has been made prior or subsequent to tax
sale the state, and the same real property has been sold for taxes to an innocent a purchaser, the
county shall refund to such the purchaser, his the purchaser's heirs, assigns, or personal
representatives, the amount paid upon on the same real property and any subsequent taxes paid to
protect the tax sale certificate, with interest as provided in § 10-23-14.
Section 93. That § 10-23-16 be amended to read:
10-23-16. When If any real property upon on which taxes are refunded to the purchaser as
provided in §§ 10-23-14 and 10-23-15 shall have become liable to taxation subsequent to the
assessment for which it the real property was sold, the county auditor shall assess the same and
extend taxes legally chargeable thereto for the real property for each of the years year the owner or
owners thereof should have has paid taxes thereon and such on the real property. The taxes shall be
collected as other taxes upon real property.
Section 94. That § 10-23-17 be amended to read:
10-23-17. The taxes refunded as provided in §§ 10-23-14 and 10-23-15 shall be apportioned to
the respective taxing districts for which they the taxes were levied.
Section 95. That § 10-23-18 be amended to read:
10-23-18. The purchaser of any tract of real property a tax certificate sold by the county treasurer
for taxes shall be is entitled to a tax certificate describing the land so purchased real property, the
sum paid, and stating the time when the purchaser will be entitled to a deed, which. The tax
certificate shall be signed by the treasurer in his official capacity, and shall be is presumptive
evidence of the regularity of all prior proceedings.
Section 96. That § 10-23-19 be amended to read:
10-23-19. The treasurer shall collect five ten dollars for each tax certificate, and five dollars for
each deed made by him on such sale, and the fee for the notary public or other officer acknowledging
the deed or certificate. However, any number of parcels of land bought by one person may be
included in one deed or certificate, if desired by the purchaser, and whenever the treasurer. If the
treasurer makes a deed to any real property sold for taxes, he the treasurer shall make an entry thereof
of the real property in the sale book tax certificate records opposite the description of the real
property covered.
Section 97. That § 10-23-20 be amended to read:
10-23-20. In all each tax sales certificate sale made as provided in pursuant to this chapter the
treasurer shall make out the tax receipt and duplicate for the taxes of the real property mentioned in
such described in the tax certificate the same as in other cases, and shall write thereon "sold for taxes
at public sale.".
Section 98. That § 10-23-21 be amended to read:
10-23-21. Any tax certificate issued pursuant to § 10-23-18 shall be is assignable and any
assignment thereof must of the tax certificate shall be acknowledged before some an officer
authorized to take acknowledgments of deeds. Any The assignee of such the tax certificate acquires
the lien of the taxes on the real property; provided he if the assignee presents the assigned tax
certificate to the county treasurer for entry and such county. The treasurer shall enter on the record
of such the sale the fact that the tax certificate has been assigned, entering the name and address of
the assignee, and the date when such the assignment was presented for such entry.
Section 99. That § 10-23-22 be amended to read:
10-23-22. The purchaser at tax sale or assignee of
such the tax certificate may pay any taxes
levied on
such the real property
so purchased, whether levied for any year or years previous or
subsequent to
such the sale and still unpaid. The amount or amounts paid as subsequent taxes
shall
does not bear interest until on and after the date when the subsequent taxes
so paid
would become
delinquent. The purchaser or assignee shall have the same lien for
such the taxes paid subsequently
and may add
them the taxes to the amount paid under the original tax
sale certificate, provided that
he the purchaser or assignee informs the
county treasurer
when paying such taxes that he desires to
pay them as that the amount paid is subsequent to
such the tax certificate. The treasurer shall make
out the tax receipt
and duplicate for
such the taxes paid as subsequent, and shall write
thereon on the
tax certificate, "paid as subsequent taxes
" and." The treasurer shall enter on the record of the original
tax
certificate sale the payment of
such subsequent taxes, giving the name of the person
by whom
who paid
the subsequent taxes, the date when paid,
and the amount paid, and for what year
such the
subsequent tax was levied.
Section 100. That § 10-23-23 be amended to read:
10-23-23. All real property Any tax certificate sold for delinquent special assessments pursuant
to § 10-23-1 and not redeemed shall be entered by the county treasurer upon on the duplicate tax lists
of the county for the succeeding years and noted upon all duplicate tax receipts on the tax receipt for
the real property. The county treasurer shall add to the amount of each special assessment so certified
interest at the Category G rate of interest as established in § 54-3-16, and ten cents on each lot or
parcel of ground for the cost of advertising. No other costs or penalties may be added except as
provided by law for certificate of sale, deed, and acknowledgment.
Section 101. That § 10-23-24 be amended to read:
10-23-24. The county treasurer is authorized at all tax sales made under the laws of this state, in
case If there are no other bidders offering the amount due under a tax certificate sale, to the treasurer
may bid off all or any real property tax certificate offered at such the sale for the amount of taxes,
penalty, interest, and costs due and unpaid thereon on the property, in the name of the county in
which the sale takes place, such. The county acquiring may acquire all the rights, both legal and
equitable, that any purchaser could may acquire by reason of such the purchase.
Section 102. That § 10-23-25 be amended to read:
10-23-25. If the county treasurer of any county bids off any real property tax certificate in the
name of the county, the treasurer shall make out a issue a tax certificate of purchase to the county
in the same manner as if sale had been made to any other person. The tax certificate shall be retained
by the treasurer, but no tax receipt may be issued and no amount may be due the state, or any other
fund. No treasurer's commission may be paid by the county until redemption has been made from
the sale or the time of redemption has expired, or until the interest of the county has been assigned.
The tax certificate issued to the county shall bear interest at the Category G rate of interest as
established in § 54-3-16.
Section 103. That § 10-23-26 be amended to read:
10-23-26. Whenever If any county shall acquire acquires an interest or any rights in real property,
or any rights with respect thereto, by reason of the same having and the tax certificate has been bid
off in the name of the county as provided in § 10-23-24, such the real property shall may not be again
advertised and sold for delinquent taxes so long as the county retains its interest in and rights to such
the real property.
Section 104. That § 10-23-27 be amended to read:
10-23-27. All taxes subsequently accruing against such the real property, or that were unpaid at
the time of such the tax certificate sale and a lien thereon on the real property but not included in
such the bid, shall be is considered as " a subsequent tax," and before. Before the county can make
an assignment of such the interest in and rights to such the real property, or before an assignment of
the tax certificate of such the sale is made, all such taxes must shall be paid in full, including the
amount for which such real property the tax certificate was so bid off, unless a compromise thereof
is made as permitted by law, in which case the amount at which such compromise is made must be
paid.
Section 105. That § 10-23-28 be amended to read:
10-23-28. If any person is desirous of purchasing intends to purchase the interest of the county
in the real property tax certificate acquired by reason of the county treasurer buying the same for the
county, he the person may do so by paying pay to the treasurer the amount of the taxes, penalty,
interest, and costs of sale and transfer and all unpaid or subsequent taxes as specified in § 10-23-27,
up to the date he so pays, and thereupon the. The treasurer shall issue a tax receipt and duplicate for
such the taxes, penalty, interest, and costs, which shall be entered upon his cashbook as other tax
receipts; and he. The treasurer shall assign and deliver to such the purchaser the tax certificate of
purchase held by the county for such the real property, which assignment and transfer shall convey
unto such the purchaser all the rights of the county, both legal and equitable, in and to such real
property in the tax certificate as much so as if he had been the person was the original purchaser at
the tax certificate sale.
Section 106. That § 10-23-28.1 be amended to read:
10-23-28.1. Notwithstanding the provisions of chapters 10-23, 10-24, and 10-25, no county may
sell any tax certificate after July 1, 2006, unless the board of county commissioners adopts a
resolution waiving the provisions of this section that prohibit the sale of tax certificates. The county
shall be the holder of any tax certificate issued by the county after July 1, 2006, unless the board of
county commissioners adopts a resolution waiving the provisions of this section that prohibit the sale
of tax certificates. The county treasurer shall continue to serve notice on the owner of record of the
real property, publish notice, and attend to the other administrative provisions imposed by chapter
chapters 10-23, 10-24, and 10-25. Nothing in this section affects the holder of any existing tax
certificate, the method in which the tax certificate is redeemed, or the sale of real property for taxes
or assessments.
Section 107. That § 10-23-29 be amended to read:
10-23-29. No sale of any tax certificate on real property for nonpayment of taxes nor any
conveyance issued thereon shall be on the real property is invalid or voidable on account of such if
the real property having has been listed or charged on any tax list in any other name than that of the
rightful owner nor on account of neglect or failure of the treasurer or any other officer to collect the
tax for which the real property tax certificate was sold, by distraint and sale of personal property.
Section 108. That § 10-23-32 be amended to read:
10-23-32. The provisions of this chapter shall apply to the collection of the taxes and interest
owed on improvements added to the tax roll pursuant to §§ 10-6-36.1 to 10-6-36.3, inclusive, and
§§ 10-21-31 and 10-21-32.
Section 109. That § 10-23-33 be amended to read:
10-23-33. Any lot or parcel of tax certificate on real property upon which any tax is delinquent
pursuant to § 10-21-7.3 may be sold pursuant to this chapter.
Section 110. That § 10-24-1 be amended to read:
10-24-1. Any person may redeem a tax certificate on real property sold for taxes at any time
before issue of a tax deed for the property, by paying the treasurer, for the use of the purchaser or the
purchaser's heirs or assigns, the sum mentioned listed in the tax certificate, and the interest on the
sum at the rate at which that the real property was sold from the date of purchase, together with all
other taxes subsequently paid, whether for any year or years previous or subsequent to the sale, and
interest on the taxes at the same rate from the date of the payment. The treasurer shall enter a
memorandum of the redemption in the list of sales and give a receipt for the redemption to the
person redeeming the property tax certificate. The treasurer shall also file a duplicate of the receipt
with the county auditor as in other cases. The treasurer shall hold the money subject to the order of
the purchaser, the purchaser's agent, or the purchaser's attorney.
Section 111. That § 10-24-2 be amended to read:
10-24-2. If the person who desires to redeem redeems a tax certificate on real property does not
demand a receipt or tax certificate of redemption from the treasurer, the return of the tax certificate
of purchase for cancellation operates as a release of all claims to the tract or lot real property
described in the tax certificate, under or by virtue of the purchase, and under and by virtue of the
payment of any taxes subsequently paid in accordance with the provisions of law as to subsequent
payment of taxes. The county treasurer, upon after receiving the tax certificate of purchase, shall
mark on the tax certificate sale record opposite the description of the real property for which the tax
certificate of purchase has been issued, and opposite the record showing all payments of subsequent
taxes, "sale canceled by return of tax certificate."
Section 112. That § 10-24-3 be amended to read:
10-24-3. Any mentally ill or developmentally disabled person adjudged incompetent may redeem
any real property a tax certificate belonging to the person and sold for taxes, within one year after
the expiration of the person's disability person is adjudged competent. Any minor may redeem any
real property a tax certificate belonging to the minor and sold for taxes, within one year after the
minor reaches the age of eighteen. Nothing in this section prevents partition proceedings according
to law as to such real estate any tax certificate, by the tax deed holder or the holder's successor as to
any real estate to a tax certificate in which any such minor or any such person under disability may
have any interest.
Section 113. That § 10-24-5 be amended to read:
10-24-5. Any person may redeem property a tax certificate bid off by the treasurer in the name
of the county at a tax sale, at any time before the tax deed has been issued by paying the amount of
all delinquent taxes with penalty and interest up to the date of redemption and the costs of
advertising and selling the property. Upon tax certificate. After the payment of the taxes, penalties,
interests, and costs, the treasurer shall issue a tax receipt and duplicate for the taxes, penalty, interest,
and costs, which shall be entered in the treasurer's cashbook as other tax receipts. The treasurer shall
also mark upon on the tax duplicate in the treasurer's office opposite the description of the real estate
certificate record the word, redeemed, with the date and name of the person who redeemed the
property tax certificate.
Section 114. That § 10-24-6 be amended to read:
10-24-6. In cases where lands have If any tax certificate has been purchased by and certificates
of sale issued to the county at any tax certificate sale, and subsequent taxes have accrued and become
due against said lands the real property, and such certificates are still the tax certificate remains
owned by the county, any a person may pay the amount due on one or more years of such the
subsequent taxes without making full redemption from any such the sale, and without depriving the
county of its rights right to enforce its the county's tax liens under any such tax sale certificate. The
county treasurer in, after issuing a receipt for such payment, shall recite thereon state the years for
which prior taxes on said lands the real property remain unpaid, and shall mark upon the tax list
opposite the entry of the tax so paid, a notation showing for what year or years prior taxes remain
unpaid.
Section 115. That § 10-24-7 be amended to read:
10-24-7. Nothing contained in § 10-24-5 or 10-24-6 prevents the county from requiring payment
of any tax that the county requires from any owner or other person interested in the real property, if
the owner or interested person is seeking to redeem a tax certificate or pay a subsequent tax.
Section 116. That § 10-24-8 be amended to read:
10-24-8. Nothing contained in § 10-24-5 or 10-24-6 grants any a disinterested person redeeming
or paying taxes any a lien upon the on the real property or a claim against owners or lien claimants
lienholders, except such as the an agreement a disinterested person may have by contract with them
the owners or lienholders or by law.
Section 117. That § 10-24-9 be repealed.
Section 118. That § 10-24-10 be repealed.
Section 119. That § 10-24-11 be repealed.
Section 120. That § 10-24-12 be repealed.
Section 121. That § 10-24-13 be repealed.
Section 122. That § 10-24-14 be repealed.
Section 123. That § 10-24-15 be repealed.
Section 124. That § 10-24-16 be amended to read:
10-24-16. Any person having who has a lien upon on any real property sold or about to be sold
for taxes or on which the taxes are delinquent and unpaid may redeem from the tax sale if the real
property is still subject to redemption or may pay such the taxes, interest, penalty, and costs as that
are delinquent. The receipt of the county treasurer or the tax certificate of redemption constitutes an
increase of the amount of the lien held by the party paying the taxes or making the redemption. The
amount paid and the interest on the amount at the rate specified in the lien instrument, or if none is
specified then at the rate that such the taxes would bear according to law, shall be collected with, as
a part of, and in the same manner as the amount secured by the original lien.
Section 125. That § 10-24-17 be amended to read:
10-24-17. Immediately after redemption from any tax certificate sale, the county treasurer shall
notify the purchaser or present holder of the redeemed tax certificate of such the redemption. The
notice shall be sent by mail to the address as shown by the record of the tax certificate or assignment
of the purchaser or present holder. If there is no such address, the notice shall be sent to the last
known address of the purchaser or present holder. The notice shall give the description of the
property and amount of redemption. The county treasurer shall charge a fee in accordance with
pursuant to § 10-23-8 for each notice. The fee shall be deposited in the county general fund. If the
tax certificate has been assigned and assignment recorded, the notice shall be sent to the assignee
only.
Section 126. That § 10-25-1 be amended to read:
10-25-1. In the case of any real property If a tax certificate is sold for taxes and not yet redeemed,
the owner or holder of the tax certificate may conduct, or cause to be conducted, proceedings a
proceeding to procure a tax deed on the real property, as provided by §§ 10-25-2 to 10-25-12,
inclusive. The proceedings A proceeding shall be initiated no sooner than after three years from the
date of the tax certificate sale or at any time thereafter within six years from the date of the tax
certificate sale subject to the provisions of §§ 10-25-16 to 10-25-19, inclusive. The time period
applies equally to the county or any other purchaser of the tax certificate. Any assignee of a tax
certificate shall take the tax certificate subject to the time period of the first owner of the tax
certificate.
Section 127. That § 10-25-2 be amended to read:
10-25-2. A notice of intention to take a tax deed shall be signed by the lawful holder of the tax
sale certificate, or the holder's agent or attorney, stating the date of sale, the description of the real
property sold, the name of the purchaser, and the name of the assignee, if any. The notice shall also
state that the right of redemption will expire and a deed for the real property will be made upon the
expiration of sixty days from the completed service, unless the real property is redeemed as permitted
by law. If two or more certificates covering different descriptions of real property are held by the
same person, either by purchase or assignment or both, the descriptions may all be included in one
notice if the notice includes the information required in this section for each such description.
Section 128. That § 10-25-3 be amended to read:
10-25-3. The notice of intention to take a tax deed shall be served upon on the owner of record
of the real property so sold, upon, the person in possession thereof, upon of the real property, the
person in whose name the real property is taxed, upon and the mortgagee named in any unsatisfied
mortgage in force upon on the real property of record in the office of the register of deeds of the
county in which where the real property is located, and. However, if the mortgage has been assigned
and the assignment thereof is placed upon on record in the office of the register of deeds, then upon
notice shall be served on the assignee in lieu of the mortgagee named in the mortgage. The notice
of intention to take a tax deed shall also be served upon on any lienholder, any creditor of record,
and other interested person as may appear from the records in the office of the register of deeds, the
county treasurer, or the clerk of courts. The county treasurer may obtain any title information
necessary to identify persons who appear any person who appears from the records to be interested
in such have an interest in the real property as owners, mortgagees, lienholders the owner,
mortgagee, lienholder, or otherwise other interested person.
Section 129. That § 10-25-4 be amended to read:
10-25-4. If the real property is situated within a municipal corporation municipality, notice also
shall be served upon the following on:
(1) The holder of any special assessment certificate that is a lien upon the real estate property;
(2) The holder of any tax certificate issued upon sale for any special assessment; and
(3) If bonds have been issued in lieu of assessment certificates, upon the holder of the bond
last maturing; and
(4) The city auditor or town clerk of the municipal corporation finance officer.
The service provided for in this section may be made only upon
those persons each person
described in this section whose
names name and post-office
addresses are address is known to the
holder of the tax
certificates certificate or
can may be obtained from the
treasurer of the municipal
corporation or the county municipal finance officer or the treasurer, as provided
for in § 10-25-7.
Section 130. That § 10-25-5 be amended to read:
10-25-5. Personal service of the notice shall be served
upon on the owner of record of the real
property,
upon the person in possession of the real property, and
upon the person in whose name the
real property is taxed in the manner provided by law for the service of summons.
All other persons
mentioned Any other person listed in §§ 10-25-3 and 10-25-4 may be served in the manner provided
by law for the service of summons or the notice may be served by publishing the notice once a week
for at least two successive weeks in
a newspaper printed in the legal newspapers for the county
where the real property is situated, and if no newspaper is printed in the county, in the nearest legal
newspaper printed in the state. In addition to the service by publication, the holder of the tax
certificate shall send to any person served by publication a true copy of the notice through the United
States mails, properly addressed, to the last known address of the person. The notice to the
mortgagee or the mortgagee's assignee shall be directed to the mortgagee or assignee to the address
appearing in the mortgage of record, or in the assignment
thereof of the real property. The notice to
a lienholder or to any other interested person as may appear from the records in the office of the
register of deeds, the
county treasurer, or the clerk of courts shall be sent to the last known address
of the person. The notice shall be sent by registered or certified mail, return receipt requested
, with
all proper postage prepaid.
Section 131. That § 10-25-6 be amended to read:
10-25-6. If any of the persons on whom notice is required to be served by §§ 10-25-3 and 10-25-4 is deceased, the notice shall be served on the person's decedent's personal representative, foreign
or resident, or upon on the resident agent of a foreign personal representative, if any are known to
the certificate holder. If no such persons are person is known, the notice shall be served upon on any
known heirs, devisees, and legatees and beneficiaries of the decedent, in the same manner as if they
the heirs and beneficiaries were owners of record. For any unknown heirs, devisees, and legatees and
beneficiaries of the decedent, notice shall be served by including in and publishing the notice, the
same as required for nonresidents, as provided in § 10-25-5 and designating such unknown persons
as "the unknown personal representatives, heirs, devisees, legatees of _____________, and
beneficiaries of the deceased," naming the decedent. For unknown persons, no mailing is required.
The fact of whether the decedent, the decedent's personal representative or resident agent, or any
heirs, devisees, and legatees and beneficiaries are known or unknown shall be sufficiently established
for tax-deed proceedings by the affidavit of completed service of the certificate holder or the tax
certificate holder's agent or attorney conducting the proceedings.
Section 132. That § 10-25-7 be amended to read:
10-25-7. The notice to the holder of any special assessment certificate, or bond issued in lieu of
a special assessment certificate, shall be directed to the certificate holder or bondholder at the address
that appears for the certificate holder or bond holder in connection with the record of the certificate
or bond in the office of the treasurer of the municipal corporation with the finance officer of the
municipality. The notice shall be personally served or sent by registered or certified mail with all
proper postage prepaid, return receipt requested. A like notice, by personal service or registered or
certified mail, return receipt requested, shall be given sent to the holder of any tax certificate issued
upon a sale for any special assessment, by mailing to the tax certificate holder's address as the
address appears in the office of the county treasurer. Such service Service is not required for any tax
certificate holder or bondholder whose name and address do not appear in the record and for whom
an affidavit or tax certificate is made by the treasurer stating that the person's name or address is not
known to the treasurer, accompanied by an affidavit of the holder of the tax certificate that the holder
does not know the name and address of the person.
Section 133. That § 10-25-10 be amended to read:
10-25-10. The person demanding the tax deed shall purchase the assignment of all prior tax
certificates held by the county on the real property before the county treasurer may issue the tax deed.
Section 134. That § 10-25-11 be amended to read:
10-25-11. Immediately after the expiration of sixty days from the date of the filing of affidavit
of completed service of the notice provided in § 10-25-8, the treasurer shall prepare a deed for each
lot or parcel of real property
for the tax certificate sold and
remaining remains unredeemed. The deed
shall be signed by the
county treasurer and attested by the county auditor, under seal, and shall be
delivered to the purchaser or the purchaser's assignee upon the return of the certificate of tax sale.
The treasurer shall receive five dollars for each deed prepared by the treasurer on
such sales, but any
number of parcels of real property bought by one person may be included in one deed, as the holder
may desire a sale.
Section 135. That § 10-25-12 be amended to read:
10-25-12. Any deed issued pursuant to this chapter or chapter 10-26 vests in the grantee an
absolute estate in fee simple in the real property. However, the real property is subject to any claim
that the state may have in the real property for taxes, liens, or encumbrances. The real property is also
subject to any lien for past-due installments of special assessments for the financing of municipal
improvements levied pursuant to chapter 9-43, including principal and interest on the installments
except as provided by § 9-43-60 § 9-43-100. The holder of the deed or the holder's successor in
interest is entitled to immediate exclusive possession of the real estate property described in the deed
regardless of rights of any person to redeem or question exclusive possession thereafter.
Section 136. That § 10-25-13 be amended to read:
10-25-13. Such The tax deed shall be is prima facie evidence of the truth of all the facts therein
recited, and of the regularity of all proceedings from the valuation of the land real property by the
director of equalization up to the execution of the deed, and such. The tax deed shall be substantially
in the following form:
Whereas, _______________ did on the _______________ day ________________, 20_______
produce to the undersigned, _________________, treasurer of the county of ______________, in
the State of South Dakota, a certificate of tax sale, bearing date the _______________ day of
__________, 20________, signed by _______________, who at the last-mentioned date was
treasurer of said county, from which it appears that _______________ did on the _______________
day of _____________, 20________, purchase at public auction, at the place prescribed by law in
said county, the real property in this indenture described and which real property was sold to
_______________ for the sum of _______________, being the amount due thereon for the
nonpayment of taxes, penalties, interest, and costs for the year 20________, and it appearing that the
said _______________ is the legal owner of such certificate of tax sale; that such real property has
not been redeemed from such sale; that notice of the expiration of the right to redeem from such sale
has been given as required by law; that sixty days have expired since the completed service of such
notice; that the grantee named herein has purchased the assignment of all prior tax-sale certificates
held by the county on such real property; and that such real property was legally liable for taxation,
had been duly assessed and properly charged on the tax lists for the year 20________, and that the
same had been legally advertised for sale and was sold on the _______________ day of _________,
20________.
Now, therefore, this indenture made this _______________ day of _________, 20________,
between the State of South Dakota, by _________, treasurer of said county, party of the first part,
and the said _______________ of the second part, Witnesseth: that the said party of the first part,
for and in consideration of the premises and the sum of one dollar in hand paid, has granted,
bargained, and sold and by these presents does grant, bargain, sell, and convey unto the said party
of the second part, __________ heirs and assigns, forever, the real property mentioned in such
certificate and described as follows, to wit: (describe the land), to have and to hold, with the
appurtenances thereto belonging, to the said party of the second part, _______________ heirs and
assigns forever; in as full and ample manner as the treasurer of said county is empowered by law to
sell the same.
In testimony whereof the said _______________ treasurer of said county of _______________
has hereunto set his hand on the day and year first above written.
__________ Treasurer of __________ county.
Attest: _________________________ Auditor of __________ county.
(SEAL) include the following:
(1) The legal description of the real property;
(2) The amount due for nonpayment of taxes, penalties, interest, and costs;
(3) The date of the tax certificate sale;
(4) The name of the person who purchased the tax certificate;
(5) The amount paid for the tax certificate;
(6) A statement that notice of the tax certificate sale was given and legally advertised; and
(7) The seal of the treasurer.
Such The tax deed shall be acknowledged by the treasurer
before someone authorized by law to
take acknowledgments of deeds in the presence of the county auditor or a notary public.
Section 137. That § 10-25-14 be amended to read:
10-25-14. In case If the real property is sold at a private sale after being offered at a public sale
for taxes, there shall be inserted in the deed, in place of the words "Did on the _______________
day of _________, 20 ________, purchase at public auction at the place location prescribed by law,
in said county, the real property in this indenture described," the following: "Did on the
_______________ day of _________, 20 ________, purchase at private sale at the Office of the
County Treasurer in said county, the real property in this indenture described, which had been
offered at public sale for taxes but not sold for want of bidders." a statement that the property was
sold at a private sale as required by § 10-25-13.
Section 138. That § 10-25-15 be amended to read:
10-25-15. When If deeds are delivered by the county treasurer for real property sold for taxes,
the certificate therefor must shall be canceled and filed by the county auditor, and in. In case of loss
of any certificate, on being satisfied thereof by due proof, and bond being given to the state in stating
the sum equal to the value of the property conveyed, as in cases of lost notes or other commercial
paper, the county treasurer may execute and, deliver the proper conveyance, and file such the proof
and bond with the county auditor.
Section 139. That § 10-25-16 be amended to read:
10-25-16. If proceedings a proceeding to procure a tax deed are not commenced is not completed
within six years after the date of the tax sale certificate sale on which the proceedings are proceeding
is based, the tax sale certificate sale, the lien for taxes, the lien of any taxes paid by the holder of the
tax sale certificate as subsequent taxes, and all rights thereunder cease and are forever barred. The
county treasurer shall cancel the tax certificate on the treasurer's record and shall note on the sale
records and the tax books of the treasurer's office that the tax sale certificate and the lien of
subsequent tax receipts held by the owner of the tax sale certificate are barred and of no validity are
not valid.
Section 140. That § 10-25-17 be amended to read:
10-25-17. The provisions of § 10-25-16 do not apply to tax sale certificates that are held by the
county. If any such tax certificate is assigned by the county, and if the tax certificate is dated more
than four years preceding the date of its assignment, the purchaser of the tax certificate has one year
from the date of its assignment within which to commence proceedings a proceeding to procure a
tax deed.
Section 141. That § 10-25-18 be amended to read:
10-25-18. The commencement of proceedings a proceeding to procure a tax deed within the
periods limited in §§ 10-25-16 and 10-25-17 does not extend the lien of the holder of the tax sale
certificates more than six months beyond the expiration of the periods of limitations. If any such
proceedings proceeding, commenced within the time limited by §§ 10-25-16 and 10-25-17, are is
not completed, and the right of the party instituting the proceedings proceeding to receive a tax deed
under the provisions of §§ 10-25-1 to 10-25-12, inclusive, is not fully completed and established,
within six months after the expiration of six years from the date of the tax sale certificate upon sale
on which the proceedings are proceeding is based; allowing, however, to purchasers of tax sale
certificates assigned by the county the additional period of one year from the date of the assignment
within which to commence such proceedings and six months after the expiration of the period of one
year within which to complete the proceedings; then all rights under the proceedings proceeding
cease and are forever barred and the county. The treasurer shall cancel the tax sale certificate in the
manner provided in § 10-25-16. Thereupon However, the purchaser of a tax certificate assigned by
the county has an additional period of one year from the date of the assignment to commence the
proceeding and six months after the expiration of the period of one year to complete the proceeding.
If the tax certificate is cancelled, the lien of the holder of the tax sale certificate is extinguished and
all further proceedings on the tax sale certificate are barred.
Section 142. That § 10-25-19 be amended to read:
10-25-19. Commencement of proceedings a proceeding as provided for in §§ 10-25-16 to 10-25-18, inclusive, means any act done or record made by or for the certificate holder indicating that
proceedings have a proceeding has been commenced. Completion of proceedings as a proceeding
used in §§ 10-25-16 to 10-25-18, inclusive, means the completed service and filing of proof of
service in the office of the county treasurer so as to start which starts the running of the sixty days
allowed for redemption.
Section 143. That § 10-25-20 be amended to read:
10-25-20. If any real property has been bid in by the county treasurer in the name of the county
at the tax certificate sale and the tax certificate has not been redeemed from the sale or the county
has not assigned the by a certificate of purchase, and if sufficient time has elapsed since the tax sale
that a tax deed may be properly issue, issued, the treasurer may issue a tax deed for the real property
to the county. However, if the county treasurer fails, refuses, or neglects to take proceedings for the
issuance of a tax deed to the county, the county treasurer shall, upon written application of the county
commissioners, or the governing body of any municipal corporation municipality, school district,
or township within the county that would be beneficiaries a beneficiary of the tax for which the
property was sold, immediately may give notice of intention to take tax deed as required by law.
Upon such After the notice being has been given, if there is and no redemption has been made within
the time allowed by law, the county treasurer shall issue a tax deed for the real property to the county
as provided by law. If the county treasurer fails, refuses, or neglects to comply with the provisions
of this section, the county treasurer's duty to comply may be enforced by writ of mandamus.
Section 144. That § 10-25-21 be amended to read:
10-25-21. If any real property has been bid in by the county treasurer in the name of the county,
at tax certificate sale, and the tax certificate has not been redeemed from the sale, or the county has
not or assigned the by a certificate of sale, and sufficient time has elapsed since the sale that a tax
deed may be properly issue issued, the board of county commissioners may, in lieu of taking a tax
deed, procure from any person, firm, or corporation having who has any interest in the real property,
real or apparent, a transfer by deed of the interest. However, the consideration for the transfer may
not exceed the sum of fifteen dollars exclusive of taxes in connection with any one piece or parcel
of land real property.
Section 145. That § 10-25-22 be amended to read:
10-25-22. If title to real property has been acquired by the county under the provisions of § 10-25-21, the board of county commissioners may compromise, abate, or fully cancel any taxes
previously extended against the real property.
Section 146. That § 10-25-23 be amended to read:
10-25-23. Any sale or rental of real property acquired by a county by transfer in lieu of a tax-deed
proceedings proceeding, shall be made in the same manner as provided for sale or rental of real
property acquired by a tax deed, in this chapter.
Section 147. That § 10-25-24 be amended to read:
10-25-24. Any county that has acquired or may acquire title to any land real property by tax deed
may commence an action in the county to quiet the title to the land real property. In any such action,
several tracts of land parcels of real property, contiguous or noncontiguous, may be included in one
complaint and all persons any person claiming any title to, interest in, or lien upon any of the lands
real property may be joined as defendants a defendant. Upon request of If requested by the board of
county commissioners of the county, the state's attorney shall promptly commence and prosecute the
action to final judgment any such action.
Section 148. That § 10-25-25 be amended to read:
10-25-25. The procedure in such the action shall be as provided in commenced under § 10-25-24
shall be conducted pursuant to the provisions of chapter 21-41, except that the provisions of chapter
21-41 requiring the plaintiff to execute an indemnity bond, before entry of judgment, to the
defendants who are served by publication, are not applicable to the county.
Section 149. That § 10-25-26 be amended to read:
10-25-26. The board of county commissioners may procure from any person, firm, or corporation
having who has any interest in such land the real property, real or apparent, a transfer, assignment,
or satisfaction of the interest for the purpose of removing any cloud from the title of the land real
property. The authority granted in this section may be exercised either in lieu of an action to quiet
title or in connection with such an action. However, the consideration for the transfer, assignment,
or satisfaction may not exceed twenty-five dollars in connection with any one piece or parcel of land
real property, the title to which is sought to be quieted or cloud to the title removed. The board of
county commissioners may negotiate with any person having any interest, real or apparent, in any
such real estate property, for such transfers, assignments, or satisfactions and may pay for the
transfers, assignments, or satisfactions within the limitations provided in this section.
Section 150. That § 10-25-27 be amended to read:
10-25-27. The board of county commissioners shall have control of the rental of real property
acquired by their the county under tax deed. The rental proceeds from real estate property acquired
by counties a county under tax deed shall, after deducting the expenses of collecting the same
proceeds, be apportioned by the county officials controlling such the proceeds in the same manner
as taxes would be are apportioned from the said real estate if said land were real property if the real
property was still contributing in taxes.
Section 151. That § 10-25-39 be amended to read:
10-25-39. The proceeds of the sale, after deducting the expenses incurred by the county in the
proceedings proceeding to take tax deed and in the sale proceedings proceeding, shall be placed to
the credit pro rata of the various funds and taxing districts that are the beneficiaries of the tax for the
year for which the property was sold at tax sale. However, the county treasurer may distribute the
proceeds received from the sale of any real property under the provisions of this section distributed
by prorating the proceeds on the basis of the levy tax levies for any one the most recent year for
which the taxes are included in the proceeds of the sale, taking the year that represents the more
equitable basis for the distribution.
Section 152. That § 10-25-40 be amended to read:
10-25-40. After a county has sold and issued to a purchaser at any time prior or subsequent to
the effective date of this section a deed to any real property for which the county has taken tax title,
the county auditor shall forthwith cancel the taxes levied against said the real property prior to before
the sale by the county and enter such the cancellation on the records of the county treasurer. Should
If the tax deed to the county and the county deed to the purchaser be by a court of competent
jurisdiction decreed to be is declared void prior to by a court within three years after of the execution
of such the tax deed to the county, such the taxes shall be reinstated by the county auditor on the
records of the county auditor and the records of the county treasurer, and the treasurer shall again
become place a lien against said premises the real property.
Section 153. That § 10-25-41 be amended to read:
10-25-41. The county commissioners shall have authority to may authorize a reconveyance by
quitclaim deed to the record owner or his the record owner's assignees or successors only of any real
estate property held by the county under tax-deed title tax deed only, at any. The reconveyance shall
be for consideration not less than the total principal, interest, and costs of all taxes represented in the
tax deed and any other taxes and interest which are unpaid upon said on the real estate property.
Section 154. That § 10-25-42 be amended to read:
10-25-42. Nothing contained in § 10-25-41 limits the discretion of the county commissioners to
fix any a higher price for such the reconveyance or to annex to the reconveyance any such conditions
or qualifications as the county commissioners may decide establish.
Section 155. That § 10-25-43 be amended to read:
10-25-43. Reconveyance pursuant to § 10-25-41 may be authorized only by resolution of the
county commissioners duly published in their the minutes, and the reconveyance may be made only
after the time for appealing an appeal from the resolution has expired. The reconveyance shall be is
made by quitclaim deed substantially in the form provided by chapter 43-25 and may be made only
upon on payment in cash of the price fixed by the resolution of the county commissioners. The
quitclaim deed shall be is executed by the treasurer and attested by the county auditor under seal. The
quitclaim deed has the effect only of releasing the title and claim that the county and the taxing
districts represented by the county have under the tax deed and any of the taxes that are paid as a part
of the price fixed by the county commissioners.
Section 156. That § 10-25-44 be amended to read:
10-25-44. No action may be commenced by the former owner or by any person claiming under
him or her, to recover possession of any real property which has been sold and conveyed by deed for
nonpayment of taxes or to avoid such the deed, unless such action is commenced within one hundred
eighty days after the recording of such the deed. No defense may be interposed or maintained by the
former owner, or by any person claiming under him or her, in any action brought to quiet the title
in the grantee in any tax deed, or by any person claiming under such the grantee, in any tax deed
issued and delivered by any county treasurer of any county in this state, unless such the defense is
interposed within one hundred eighty days after the recording of such the tax deed in the Office of
the Register of Deeds of the county office of the register of deeds in which the real estate property
described in such the tax deed is located.
Signed March 5, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\064.wpd
CHAPTER 64
(SB 55)
Revise the tax on endoparasiticides and ectoparasiticides.
ENTITLED, An Act to revise certain provisions regarding the tax on endoparasiticides and
ectoparasiticides.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-45-16.1 be amended to read:
10-45-16.1. There are hereby specifically exempted from the provisions of this chapter and from
the computation of the amount of tax imposed by it, gross receipts from the sale of pesticides, as
defined in § 38-20A-1, to be used exclusively by the purchaser for agricultural purposes. Any
product or substance to be used in conjunction with the application or use of pesticides for
agricultural purposes is also exempt. The products or substances include adjuvants, surfactants,
ammonium sulfate, inoculants, drift retardants, water conditioners, seed treatments, foam markers,
and foam dyes. Equipment, other than farm machinery, attachment units, and irrigation equipment
used exclusively for agricultural purposes for the application of pesticides and related products and
substances is not exempt. The tax imposed by this chapter on endoparasiticides and ectoparasiticides
shall be deposited in the veterinary student tuition and animal disease research and diagnostic
laboratory fund to be used for veterinary student tuition grants and the operations and activities
conducted by the State Animal Disease Research and Diagnostic Laboratory established in § 13-58-13. The amount of funding dedicated for the tuition grants and the laboratory shall be based upon
the difference between in-state and out-of-state tuition for veterinary student grants plus an amount
of two hundred fifty thousand dollars to support the operations of the laboratory. The funding shall
be budgeted and expended through the general appropriations act pursuant to chapter 4-7.
Section 2. That § 10-46-17.5 be amended to read:
10-46-17.5. The use in this state of pesticides as defined in § 38-20A-1 to be used exclusively
for agricultural purposes is specifically exempted from the tax imposed by this chapter. Any product
or substance to be used in conjunction with the application or use of pesticides for agricultural
purposes is also exempt. These products or substances include adjuvants, surfactants, ammonium
sulfate, inoculants, drift retardants, water conditioners, seed treatments, foam markers, and foam
dyes. Equipment, other than farm machinery, attachment units, and irrigation equipment used
exclusively for agricultural purposes, for the application of pesticides and related products and
substances is not exempt. The tax imposed by this chapter on endoparasiticides and ectoparasiticides
shall be deposited in the veterinary student tuition and animal disease research and diagnostic
laboratory fund to be used for veterinary student tuition grants and the operations and activities
conducted by the State Animal Disease Research and Diagnostic Laboratory established in § 13-58-13. The amount of funding dedicated for the tuition grants and the laboratory shall be based upon
the difference between in-state and out-of-state tuition for veterinary student grants plus an amount
of two hundred fifty thousand dollars to support the operations of the laboratory. The funding shall
be budgeted and expended through the general appropriations act pursuant to chapter 4-7.
Signed February 27, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\065.wpd
CHAPTER 65
(SB 57)
Corrections for references to the contractor's excise tax.
ENTITLED, An Act to revise certain references regarding the contractor's excise tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-46A-1.2 be amended to read:
10-46A-1.2. The tax imposed upon contractors performing realty improvement contracts for
those persons subject to tax under chapter 10-28, 10-33, 10-34, 10-35, 10-36 or 10-36A or any
municipal telephone company subject to chapter 9-41 or any rural water system is not subject to this
chapter and the contracts are subject to the contractors' excise tax imposed by chapter 10-46B.
Notwithstanding the provisions of this section, the tax imposed by this chapter applies to the
construction of a power generation facility as defined by § 10-45B-1.
Section 2. That § 10-46B-1 be amended to read:
10-46B-1. There is imposed an excise tax upon the gross receipts of all prime contractors and
subcontractors engaged in realty improvement contracts for those persons subject to tax under
chapter 10-28, 10-33, 10-34, 10-35, 10-36, or 10-36A or any municipal telephone company subject
to chapter 9-41 or any rural water system, at the rate of two percent. Notwithstanding the provisions
of this section, the tax imposed by this chapter does not apply to the construction of a power
generation facility as defined by § 10-45B-1.
Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\065.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\066.wpd
CHAPTER 66
(HB 1068)
The collection of motor fuel tax from interstate fuel users.
ENTITLED, An Act to revise certain provisions regarding the collection of motor fuel tax from
interstate fuel users.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-47B-174 be amended to read:
10-47B-174. Each qualified special fuel powered vehicle which operates into or through this state
in interstate operations shall carry evidence of compliance with this chapter. For any carrier who is
permanently licensed, a copy
or, photocopy
, or electronic copy of the permanent license issued to
the carrier shall be carried in each vehicle operated by the licensee within this state.
The license
copies shall bear the vehicle unit number assigned by the operator. No other alterations to the license
or a copy
thereof may be of the license is allowed.
Notwithstanding any provision of this chapter, a permanent interstate fuel user licensee shall file
reports with the department and remit tax to the department on a quarterly basis. The reports and
remittance shall be due on the last day of the month following each quarterly period. If the due date
falls on a Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day on which the Federal
Reserve Bank is closed, the report or remittance is due on the next succeeding day which is not a
Saturday, Sunday, legal holiday enumerated in § 1-5-1, or a day on which the Federal Reserve Bank
is closed.
Section 2. That § 10-47B-179 be amended to read:
10-47B-179. If an interstate fuel user does not keep records adequate to verify either miles
traveled or fuel purchased, tax shall be calculated on fuel consumption using the average miles per
gallon (AMPG) allowance. The AMPG allowance is either four miles per gallon or a twenty percent
reduction of the miles per gallon reported for all miles attributable to established travel within South
Dakota. If no records exist to support miles driven during a tax reporting period, the period's mileage
shall be calculated based on the average mileage driven during the four preceding reporting periods.
Signed February 5, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\067.wpd
CHAPTER 67
(HB 1048)
Statements on auditing standards utilized by
the Department of Revenue, reference updated.
ENTITLED, An Act to revise certain provisions referring to the statements on auditing standards
utilized by the Department of Revenue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 10-59-35 be amended to read:
10-59-35. Any audit performed by the Department of Revenue shall be in accordance with
generally accepted auditing standards as published by the American Institute of Certified Public
Accountants in the publications entitled Statements on Auditing Standards in effect on January 1,
2015 2017. Prior to the issuance of a certificate of assessment, the department shall furnish the
taxpayer with a proposed list of taxable items. The list shall be in writing. The department shall hold
a conference with the taxpayer to review the list of taxable items, and the taxpayer may in writing
protest the inclusion of any of the proposed taxable items. The protest may be included in any appeal
of the department's certificate of assessment.
Signed February 5, 2018
_______________
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PLANNING, ZONING AND HOUSING PROGRAMS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\068.wpd
CHAPTER 68
(HB 1292)
Appeals of decisions regarding conditional use requests.
ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding
conditional use requests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 11-2 be amended by adding a NEW SECTION to read:
Any appeal of a decision relating to the grant or denial of a conditional use permit shall be
brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and,
notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari
standard regardless of the form of the approving authority. The court shall give deference to the
decision of the approving authority in interpreting the authority's ordinances.
Section 2. That chapter 11-4 be amended by adding a NEW SECTION to read:
Any appeal of a decision relating to the grant or denial of a conditional use permit shall be
brought under a petition, duly verified, for a writ of certiorari directed to the approving authority and,
notwithstanding any provision of law to the contrary, shall be determined under a writ of certiorari
standard regardless of the form of the approving authority. The court shall give deference to the
decision of the approving authority in interpreting the authority's ordinances.
Section 3. That § 7-8-30 be amended to read:
7-8-30. Such An appeal and transcript, if a transcript exists, shall be filed by the auditor by the
first day of the next term of circuit court, as soon as practicable and shall stand for trial at such term
as soon as possible.
All appeals thus Each appeal taken to the circuit court shall be docketed as other causes pending
therein and the same in circuit court. Each cause shall be heard and determined de novo
, except any
appeal relating to a conditional use permit determination. An appeal relating to a conditional use
permit determination shall be heard and determined pursuant to section 1 of this Act.
Section 4. That chapter 9-1 be amended by adding a NEW SECTION to read:
An appeal and transcript, if a transcript exists, shall be filed by the finance officer as soon as
practicable and shall stand for trial as soon as possible.
Each appeal taken to the circuit court shall be docketed as other causes pending in circuit court.
An appeal relating to a conditional use permit determination shall be heard and determined pursuant
to section 2 of this Act.
Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\068.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\069.wpd
CHAPTER 69
(SB 147)
Local governing bodies to establish the per diem rate
for housing and development commissions.
ENTITLED, An Act to authorize local governing bodies to establish the per diem rate for housing
and development commissions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 11-7-16 be amended to read:
11-7-16. Each commissioner may be reimbursed for expenses, including traveling expenses,
incurred in the performance of the commissioner's duties. In addition, each commissioner may
receive per diem not to exceed thirty-five dollars as established by the governing body for each day
of actual service for attending meetings or hearings.
Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\069.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\070.wpd
CHAPTER 70
(SB 58)
Tax increment financing districts.
ENTITLED, An Act to revise certain provisions regarding tax increment financing districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-13-10.2 be amended to read:
13-13-10.2. The assessed value as determined in § 13-13-10.1 of any property in a tax
incremental increment financing district formed on or before December 31, 1994, and created
pursuant to chapter 11-9 is the tax incremental increment base, as defined in § 11-9-19 until the tax
incremental district ceases to exist as provided in § 11-9-46. The assessed values, as determined in
§ 13-13-10.1 of any property in a tax incremental increment financing district formed after December
31, 1994, and created pursuant to chapter 11-9, is the total assessed value of the property determined
by the Department of Revenue pursuant to § 11-9-24, until the tax incremental district ceases to exist
as provided in § 11-9-46. The provisions of this chapter do not apply to any tax incremental
increment financing district created after December 31, 1994, for industrial purposes. For the
purposes of this chapter, the term, industrial, includes only those activities generally recognized as
industrial by zoning authorities within the state, including any factory or any business engaged
primarily in the manufacturing or assembly of goods, the processing of raw materials, and the
wholesale distribution of products for resale. The provisions of this chapter do not apply to any tax
incremental increment financing district created after December 31, 2003, for economic development
purposes. For the purposes of this chapter, the term, economic development, includes any area where
there is or will be one or more businesses engaged in any activity defined as commercial or industrial
by the governing body that has zoning authority over the land contained within the tax incremental
increment financing district.
This section applies to any tax increment financing district created before July 1, 2018.
Section 2. That chapter 13-13 be amended by adding a NEW SECTION to read:
For purposes of this chapter, the assessed value of any real property in a tax increment financing
district created pursuant to chapter 11-9 is the total assessed value of the real property as determined
by the Department of Revenue pursuant to § 11-9-24, until the tax increment financing district ceases
to exist as provided in § 11-9-46.
This section applies to tax increment financing districts created after June 30, 2018.
Section 3. That chapter 13-13 be amended by adding a NEW SECTION to read:
The provisions of subdivision 10-12-44(1) that require the county auditor to raise additional
revenue from real property taxes for the general fund and special education fund of any school
district located in a tax increment financing district and the provisions of section 2 of this Act, do
not apply to any tax increment financing district created for industrial, economic development, or
affordable housing purposes, as those terms are defined in section 4 of this Act.
For purposes of this chapter, the assessed value of any real property in a tax increment financing
district created for industrial, economic development, or affordable housing purposes is the tax
increment base as defined in § 11-9-19.
This section applies to tax increment financing districts created after June 30, 2018.
Section 4. That chapter 13-13 be amended by adding a NEW SECTION to read:
For the purposes of section 3 of this Act, the terms, industrial, and, economic development,
include only those areas where there is or will be one or more businesses engaged in any activity
defined as commercial or industrial by the governing body that has zoning authority over the real
property contained within the tax increment financing district.
For the purposes of section 3 of this Act, affordable housing is only those tax increment
financing districts where:
(1) The original selling price of any house in the district will be at or below the first-time
homebuyer purchase price limit being used by the South Dakota Housing Development
Authority as of the date the house is sold; or
(2) The monthly rental rate of all multifamily housing units in the district will be at or below
the calculated rent for the state's eighty percent area median income, being used by the
South Dakota Housing Development Authority, as of the date the district is created, for
a minimum of five years following the date of first occupancy.
This section applies to tax increment financing districts created after June 30, 2018.
Section 5. That chapter 11-9 be amended by adding a NEW SECTION to read:
The department may publish annually on its website a report of each tax increment financing
district in the state. Any municipality that has created a tax increment financing district shall provide
the department with any information requested to compile the report.
Section 6. That § 10-12-44 be amended to read:
10-12-44. The county auditor in each school district shall raise additional revenue, for the general
fund and special education funds, from real property taxes to compensate for tax abatement, tax
increment financing district, or discretionary formula as follows:
(1) For tax incremental increment financing districts created pursuant to chapter 11-9 and
formed after December 31, 1994, the county auditor shall levy an additional tax levy for
an amount not to exceed an amount equal to the sum of the levies in §§ 10-12-42 and 13-37-16 times the tax increment valuation as defined in § 11-9-1;
(2) For property subject to § 10-6-35.2, 10-6-35.24, 10-6-35.25, 10-6-54, 10-6-55, or 10-6-67
the county auditor shall levy an additional tax levy for an amount not to exceed the
amount of taxes that were not collected due to the reduction in valuation based on the
maximum levies pursuant to §§ 10-12-42 and 13-37-16;
(3) For abated taxes the county auditor shall levy an additional tax levy for an amount not to
exceed the amount of the school district's portion of the taxes that were abated pursuant
to chapter 10-18 during the previous tax year.
The levies in this section are not subject to the referendum provision of § 10-12-43 and these
levies shall maintain the same proportion to each other as represented in the mathematical
relationship at the maximum levies pursuant to § 10-12-42.
Section 7. That § 11-9-1 be amended to read:
11-9-1. Terms used in this chapter mean:
(1) "Department of Revenue," the South Dakota Department of Revenue;
(2) "District," a tax increment financing district;
(3) "Governing body," the board of trustees, the board of commissioners, the board of county
commissioners, or the common council of a municipality;
(3)(4) "Grant," the transfer of money or property to a transferee for a governmental purpose of
money or property to a transferee that is not a related party to or an agent of the
municipality;
(4)(5) "Municipality," any incorporated city or town in this state and, for purposes of this chapter
only, any county in this state;
(5)(6) "Planning commission," a planning commission created under chapter 11-6 or a municipal
planning committee of a governing body of a municipality which that has no planning
commission or, if the municipality is a county having no planning commission or
planning committee, its the board of county commissioners;
(6)(7) "Project plan," the properly approved plan for the development or redevelopment of a tax
incremental increment financing district including all properly approved amendments
thereto to the plan;
(7)(8) "Tax incremental increment financing district," a contiguous geographic area within a
municipality defined and created by resolution of the governing body;
(8)(9) "Taxable property," all real and personal taxable property located in a tax incremental
increment financing district;
(9)(10) "Tax increment valuation," is the total value of the tax
incremental increment
financing district minus the tax
incremental increment base
as determined pursuant
to § 11-9-19.
Section 8. That § 11-9-2 be amended to read:
11-9-2. A municipality may exercise those powers necessary and convenient to carry out the
purposes of this chapter, including the power to:
(1) Create tax incremental districts and to define their the boundaries;
(2) Prepare project plans, approve the plans, and implement the provisions and purposes of
the plans, including the acquisition by purchase or condemnation of real and personal
property within the tax incremental district and the sale, lease, or other disposition of such
property to private individuals, partnerships, corporations, or other entities at a price less
than the cost of such the acquisition and of any site improvements undertaken by the
municipality pursuant to a project plan;
(3) Issue tax incremental increment financing bonds;
(4) Deposit moneys into the special fund of any tax incremental district; and
(5) Enter into any
contracts or agreements contract or agreement, including
agreements an
agreement with bondholders, determined by the governing body to be necessary or
convenient to implement the provisions and effectuate the purposes of
a project
plans
plan.
The contracts or agreements A contract or agreement may include conditions,
restrictions, or covenants
which that run with the land or otherwise regulate the use of
land or
which that establish a minimum market value for the land and completed
improvements to be constructed
thereon until by a
specified specific date, which date may
not be later than the date of termination of the
tax incremental district pursuant to § 11-9-46. Any contract or agreement
which that provides for the payment of a
specified specific
sum of money at a
specified specific future date shall be
entered into in accordance with
made pursuant to the provisions of chapter 6-8B.
Section 9. That § 11-9-3 be amended to read:
11-9-3. In order to implement the provisions of this chapter, the The planning commission shall
hold a hearing at which interested parties are afforded a reasonable opportunity to express their views
on the proposed creation of a tax incremental district and its the district's proposed boundaries.
Notice of the hearing shall be published once, not less than ten nor more than thirty days prior to
before the date of the hearing in a legal newspaper having a general circulation in the redevelopment
area of the municipality. Prior to Before publication, a copy of the notice shall be sent by first class
mail to the chief executive officer of all each local governmental entities entity having the power to
levy taxes on property located within the proposed district and to the school board of any school
district which that has property located within the proposed district.
Section 10. That § 11-9-4 be amended to read:
11-9-4. In order to implement the provisions of this chapter, the The planning commission shall
designate the boundaries of a tax incremental district recommended by it to that the planning
commission recommends be created and. The planning commission shall submit the
recommendation to the governing body.
Section 11. That § 11-9-5 be amended to read:
11-9-5. In order to implement the provisions of this chapter, the The governing body shall adopt
a resolution which that:
(1) Describes the boundaries, which may
, but need not, be the same as those recommended
by the planning commission, of a
tax incremental district with sufficient definiteness to
identify with ordinary and reasonable certainty the territory included. The boundaries may
not split a whole unit of property which that is being used for a single purpose;
(2) Creates the district on a given date;
(3) Assigns a name to the district for identification purposes. The first district created in each
municipality shall be known as "Tax
Incremental Increment Financing District Number
One, City (or Town
, or County) of ____." Each subsequently created district shall be
assigned the next consecutive number.
Section 12. That § 11-9-6 be amended to read:
11-9-6. Subject to any agreement with bondholders, a tax incremental district may be created
which overlaps overlap with one or more existing districts if the boundaries of the districts are not
identical.
Section 13. That § 11-9-7 be amended to read:
11-9-7. In order to implement the provisions of this chapter, the The resolution required by § 11-9-5 shall contain a finding that the aggregate assessed value of the taxable property in the district
plus the tax incremental increment base of all other existing districts does not exceed ten percent of
the total assessed value of all taxable property in the municipality.
Section 14. That § 11-9-8 be amended to read:
11-9-8. To implement the provisions of this chapter, the The resolution required by § 11-9-5 shall
contain the following findings that:
(1) Not less than twenty-five percent, by area, of the real property within the district is a
blighted area or not less than fifty percent, by area, of the real property within the district
will stimulate and develop the general economic welfare and prosperity of the state
through the promotion and advancement of industrial, commercial, manufacturing,
agricultural, or natural resources development; and
(2) The improvement of the area is likely to significantly enhance significantly the value of
substantially all of the other real property in the district.
It is not necessary to identify the specific parcels meeting the criteria. No county may create a
tax incremental district located, in whole or in part, within a municipality, unless the governing body
of the municipality has consented
thereto to creation of a district by resolution.
Section 15. That § 11-9-12 be amended to read:
11-9-12. Upon On the creation of a tax incremental district or adoption of any amendment
subject to § 11-9-23, its the tax incremental increment base of the district shall be determined as
provided in §§ 11-9-20 to 11-9-25, inclusive.
Section 16. That § 11-9-13 be amended to read:
11-9-13. The planning commission shall adopt a project plan for each tax incremental district
and submit the plan to the governing body. The plan shall include a statement listing:
(1) The kind, number, and location of all proposed public works or improvements within the
district;
(2) An economic feasibility study;
(3) A detailed list of estimated project costs;
(4) A fiscal impact statement which that shows the impact of the tax increment district, both
until and after the bonds are repaid, upon on all entities levying taxes upon on property
in the district; and
(5) A description of the methods of financing all estimated project costs and the time when
related costs or monetary obligations are to be incurred.
No expenditure may be provided for in the plan more than five years after a district is created
unless an amendment is adopted by the governing body
under pursuant to § 11-9-23.
Section 17. That § 11-9-14 be amended to read:
11-9-14. "Project costs" For the purposes of this chapter, the term, project costs, are any
expenditures made or estimated to be made, or monetary obligations incurred or estimated to be
incurred, by a municipality which that are listed in a project plan as grants, or costs of public works,
or improvements within a tax incremental district, plus any incidental costs incidental thereto,
diminished by any income, special assessments, or other revenues, other than tax increments,
received, or reasonably expected to be received, by the municipality in connection with the
implementation of the plan.
Section 18. That § 11-9-15 be amended to read:
11-9-15. Project costs include:
(1) Capital costs, including the actual costs of the construction of public works or
improvements, buildings, structures, and permanent fixtures; the demolition, alteration,
remodeling, repair, or reconstruction of existing buildings, structures, and permanent
fixtures; the acquisition of equipment; the clearing and grading of land; and the amount
of interest payable on tax incremental increment bonds issued pursuant to this chapter
until such time as positive tax increments to be received from the district, as estimated by
the project plan, are sufficient to pay the principal of and interest on the tax incremental
increment bonds when due;
(2) Financing costs, including all interest paid to holders of evidences of indebtedness issued
to pay for project costs, any premium paid over the principal amount thereof because of
the redemption of such obligations prior to maturity and a reserve for the payment of
principal of and interest on such obligations in an amount determined by the governing
body to be reasonably required for the marketability of such obligations;
(3) Real property assembly costs, including the actual cost of the acquisition by a
municipality of real or personal property within a tax incremental district less any
proceeds to be received by the municipality from the sale, lease, or other disposition of
such property pursuant to a project plan;
(4) Professional service costs, including those costs incurred for architectural, planning,
engineering, and legal advice and services;
(5) Imputed administrative costs, including reasonable charges for the time spent by
municipal employees in connection with the implementation of a project plan;
(6) Relocation costs;
(7) Organizational costs, including the costs of conducting environmental impact and other
studies and the costs of informing the public of the creation of
tax incremental districts
a district and the implementation of project plans; and
(8) Payments and grants made, at the discretion of the governing body, which are found to
be necessary or convenient to the creation of
tax incremental districts a district, the
implementation of project plans, or to stimulate and develop the general economic welfare
and prosperity of the state.
No payment or grant may be used for any residential structure
pursuant to § 11-9-42.
Section 19. That § 11-9-16 be amended to read:
11-9-16. The project plan required by § 11-9-13 for each district shall also include:
(1) A map showing the existing uses and conditions of real property in the district;
(2) A map showing the proposed improvements and uses therein;
(3) A map showing the proposed changes of zoning ordinances;
(4) A statement listing changes needed in the master plan, map, building codes, and
municipal ordinances;
(5) A list of estimated nonproject costs; and
(6) A statement of a proposed method for the relocation of persons to be displaced.
Section 20. That § 11-9-17 be amended to read:
11-9-17. In order to implement the provisions of this chapter, the The governing body shall
approve a project plan for each district. The approval shall be by resolution which contains shall
contain findings that the plan is feasible and in conformity with the master plan, if any, of the
municipality.
Section 21. That § 11-9-19 be amended to read:
11-9-19. A "tax incremental base" For purposes of this chapter, the term, tax increment base, is
the aggregate assessed value of all taxable property located within a tax incremental district on the
date the district is created, as determined by § 11-9-20.
Section 22. That § 11-9-20 be amended to read:
11-9-20. Upon On application in writing by the municipal finance officer, on a form prescribed
by the Department of Revenue department, the department shall determine the aggregate assessed
value of the taxable property in the district, which aggregate assessed valuation, upon value, on
certification to the finance officer, shall constitute the tax incremental increment base of the district.
Except as provided for in § 11-9-20.1, the department shall use the valuations values as last
previously certified by the department adjusted for the value to the date the district was created for
any buildings or additions completed or removed and without regard to any reduction pursuant to
§§ 1-19A-20, 10-6-35.2, 10-6-35.21, and 10-6-35.22.
Section 23. That § 11-9-21 be amended to read:
11-9-21. The director of equalization shall identify indicate on the assessment roll required by
§§ 10-3-28 and 10-6-44 those parcels of each parcel of real property which are located within an
existing tax incremental a district, specifying including the name of each the district the parcel is
located in.
Section 24. That § 11-9-22 be amended to read:
11-9-22. It There is a rebuttable presumption that any property within a tax incremental district
acquired or leased as lessee by a municipality, or any agency or instrumentality thereof of the
municipality, within one year immediately preceding the date of the creation of the district was
acquired or leased in contemplation of the creation of the district. The presumption may be rebutted
by the municipality with proof that the real property was leased or acquired primarily for a purpose
other than to reduce the tax incremental increment base. If the presumption is not rebutted, in for
purposes of determining the tax incremental increment base of the district, but for no other purpose,
the taxable status of the real property shall be is determined as though such the lease or acquisition
had not occurred.
Section 25. 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 that includes additional project costs for which tax increments may be received by the
municipality, the tax incremental increment base for the district shall be redetermined pursuant to
§ 11-9-20. The tax incremental increment base as redetermined under this section is effective for the
purposes of this chapter only if it exceeds the original tax incremental increment base determined
under pursuant to § 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.
Section 26. That § 11-9-24 be amended to read:
11-9-24. The Department of Revenue department shall annually give notice to the auditor or
finance officer of all governmental entities having the power to levy taxes on real property within
a district of both the assessed value of the real property and the assessed value of the tax increment
base. The notice shall also explain that the taxes collected in excess of the base will be paid to the
municipality as provided in § 11-9-28. No change in the laws of the State of South Dakota this state
affecting taxation of real property may result in a lower assessed value of the real property and the
assessed value of the tax incremental increment base so long as the tax incremental if the district is
in force and until bonds issued pursuant to this chapter are retired.
Section 27. That § 11-9-25 be amended to read:
11-9-25. Positive tax increments of a tax incremental district shall be allocated to the
municipality which that created the district for each year from the date when the district is created
until the municipality or county has been reimbursed for expenditures previously made, has paid all
monetary obligations, and has retired all outstanding tax incremental increment bonds. However, in
no event may the positive tax increments be allocated longer than twenty years after the calendar year
of creation.
Section 28. That § 11-9-26 be amended to read:
11-9-26. A "tax increment" For purposes of this chapter, the term, tax increment, is that amount
obtained by multiplying the total county, municipal, school, and other local general real property
taxes levied on all taxable real property within a tax incremental district in any year by a fraction
having a numerator equal to that year's assessed value of all taxable real property in the district minus
the tax incremental increment base and a denominator equal to that year's assessed value of all
taxable real property in the district. In any year, a tax increment is "positive" deemed positive if the
tax incremental increment base is less than the aggregate assessed value of taxable real property. It
is "negative" A tax increment is deemed negative if the base exceeds such the aggregate assessed
value.
Section 29. That § 11-9-27 be amended to read:
11-9-27. With respect to the municipality, the county, school districts and any other local
governmental body having the power to levy taxes on
real property located within a
tax incremental
district, the calculation of the assessed
valuation value of taxable
real property in a
tax incremental
district, for purposes of computing the dollar and cents rates of such taxing units, may not exceed
the tax
incremental increment base of the district until the district is terminated. The dollar and cents
rates of all
such taxing units
so determined, however, shall be assessed and extended against all
taxable
real property in the
tax incremental district at its current assessed
valuation value. However,
no change in
South Dakota law the laws of this state affecting taxation of
real property may result
in a lesser rate for the tax
incremental increment base until the district is terminated pursuant to this
chapter.
Section 30. That § 11-9-28 be amended to read:
11-9-28. Notwithstanding any other provision of law, every each officer charged by law to collect
and pay over or retain local general real property taxes shall first, on the next settlement date
provided by law, pay over to the municipal treasurer or finance officer out of all such taxes which
he has collected that portion which that represents a tax increment allocable to such the municipality.
Section 31. That § 11-9-30 be amended to read:
11-9-30. Payment of project costs may be made by any of the following methods or by any
combination thereof of methods:
(1) Payment by the municipality from the special fund of the tax incremental district;
(2) Payment out of the municipality's funds;
(3) Payment out of the proceeds of the sale of municipal bonds issued by the municipality
under chapters chapter 10-52 or 10-52A, or both;
(4) Payment out of the proceeds of revenue bonds issued by the municipality under chapter
9-54; or
(5) Payment out of the proceeds of the sale of tax
incremental increment bonds issued by the
municipality under this chapter.
Section 32. That § 11-9-31 be amended to read:
11-9-31. All tax increments received in a tax incremental district shall, upon receipt by the
municipal treasurer or finance officer, be deposited into a special fund for the district. The municipal
treasurer or finance officer may deposit additional moneys into the fund pursuant to an appropriation
by the governing body. Subject to any agreement with bondholders, moneys in the fund may be
temporarily invested in the same manner as other municipal funds.
Section 33. That § 11-9-32 be amended to read:
11-9-32. Moneys shall be paid out of the special fund created under § 11-9-31 only to pay project
costs or grants of the district, to reimburse the municipality for the payments, or to satisfy claims of
holders of tax incremental increment bonds issued for the district.
Section 34. That § 11-9-33 be amended to read:
11-9-33. For the purpose of paying project costs, the governing body may issue tax incremental
increment bonds payable out of positive tax increments.
Section 35. That § 11-9-34 be amended to read:
11-9-34. Tax
incremental increment bonds, contracts, or agreements shall be authorized by
resolution of the governing body without
the necessity of any voter's a requirement of voter approval.
Section 36. That § 11-9-35 be amended to read:
11-9-35. Tax incremental increment bonds may not be issued in an amount exceeding the
aggregate project costs. The bonds may not mature later than twenty years from the date thereof the
district was created. The bonds may contain a provision authorizing the redemption thereof of the
bonds, in whole or in part, at stipulated prices, at the option of the municipality, on any interest
payment date and shall provide the method of selecting the bonds to be redeemed. The principal and
interest on the bonds may be payable at any time and at any place. The bonds may be payable to their
the bearer or may be registered as to the principal or principal and interest. The bonds may be in any
denominations.
Section 37. That § 11-9-36 be amended to read:
11-9-36. Tax incremental increment bonds are payable only out of the special fund created under
§ 11-9-31. Each bond shall contain such recitals as are necessary to show state that the bond is only
so payable out of the special fund and that the bond does not constitute a general indebtedness of the
municipality or a charge against its the municipality's general taxing power.
Section 38. That § 11-9-37 be amended to read:
11-9-37. The governing body shall irrevocably pledge all or a stated percentage of the special
fund created under § 11-9-31 to the payment of the bonds. The special fund or designated part
thereof may thereafter may be used only for the payment of the bonds and interest until they the
bonds have been fully paid, and any holder of the bonds or of any coupons appertaining related
thereto shall have a lien against the special fund for payment of the bonds and interest and may either
at law or in equity protect and enforce the lien.
Section 39. That § 11-9-38 be amended to read:
11-9-38. Each bond issued under the provisions of pursuant to this chapter and all interest
coupons appurtenant thereto are declared to be related to the bonds are negotiable instruments.
Bonds so issued are not general obligation bonds and are payable only from the tax increment of the
project as provided in this chapter.
Section 40. That § 11-9-39 be amended to read:
11-9-39. To increase the security and marketability of its tax incremental increment bonds, a
municipality may do either or both of the following:
(1) Create a lien for the benefit of the bondholders upon any public improvements or public
works financed thereby by the bonds or the revenues therefrom from the bonds; or
(2) Make covenants and do any and all acts, not inconsistent with the South Dakota
Constitution, necessary, convenient, or desirable in order to additionally secure bonds or
to make the bonds more marketable according to the best judgment of the governing body,
including the establishment of a reserve for the payment of principal of and interest on the
bonds funded from the proceeds of such the bonds or other revenues, including tax
increments, of the municipality; or
(3) Comply with both subdivisions (1) and (2) of this section.
Section 41. That § 11-9-40 be amended to read:
11-9-40. Tax
incremental increment bonds may be sold at public or private sale at a price
which
that the governing body deems in the best interests of the municipality.
Section 42. That § 11-9-41 be amended to read:
11-9-41. The exercise of the power of eminent domain in connection with tax increment districts
a district shall proceed in the same manner as a condemnation proceedings are proceeding is
conducted by the Department of Transportation under pursuant to the provisions of chapter 31-19.
Section 43. That § 11-9-44 be amended to read:
11-9-44. If the governing body finds that the redevelopment is not being carried out or
maintained in accordance with the contract terms and conditions, or there is a failure to prosecute
perform the work with diligence, or to assume its the work's completion on time, it the governing
body shall notify the purchaser or lessee and the surety in writing of the noncompliance. Unless the
purchaser or lessee complies with the terms of the agreement within twenty days from the date of
such the notice, the governing body may take over the work and may cause such the work to be done,
and the cost of the work shall be paid by the surety. The governing body may take possession of the
site of the work and utilize in completion of the work such the materials, appliances, and plant as
may be on the site of the work and necessary therefor to complete the work.
Section 44. That § 11-9-45 be amended to read:
11-9-45. After all project costs and all tax incremental increment bonds of the district have been
paid or provided for subject to any agreement with bondholders, if any moneys remain remaining
in the fund, they shall be paid to the treasurer of each county, school district, or other tax-levying
municipality or to the general fund of the municipality in such amounts as belong taxing district in
the amount belonging to each respectively, having with due regard for what portion of such the
moneys, if any, represents represent tax increments not allocated to the municipality and what
portion thereof, if any, represents voluntary deposits of the municipality into the fund.
Section 45. That § 11-9-46 be amended to read:
11-9-46. The existence of a tax incremental district shall terminate when:
(1) Positive tax increments are no longer allocable to a district under § 11-9-25; or
(2) The governing body, by resolution, dissolves the district, after payment or provision for
payment of all project costs, grants, and all tax
incremental increment bonds of the
district.
Section 46. That § 1-16G-59 be amended to read:
1-16G-59. The Board of Economic Development shall review the an application and make a
determination of whether the project shall be is approved or disapproved. The board shall consider
the likelihood that the project would have occurred without the reinvestment payment. The board
may approve a reinvestment payment that is equal to or less than South Dakota sales and use tax paid
on the project costs.
The board shall consider the following factors when making that determination:
(1) Has the county or municipality adopted a formula to reduce property taxation for the
project for five years under the discretionary formula pursuant to § 10-6-35.2;
(2) Has the county or municipality approved a tax incremental increment financing district
pursuant to chapter 11-9 for the area where the project will be located;
(3) Has the municipality approved a municipal sales tax refund pursuant § 10-52-10;
(4) Economic activity that may occur in the community, area, and state; and
(5) Criteria established by rules promulgated pursuant to § 1-16G-67.
Section 47. That § 9-55-18.1 be amended to read:
9-55-18.1. Any municipality which that has created a business improvement district as provided
by this chapter, and which has levied special assessments or general business occupation taxes, or
both, may issue and sell bonds payable from the special assessments, business occupation taxes, or
both, as provided in this section and chapter 6-8B if the owners of a majority of the assessable front
footage in the district or the users of a majority of the space in the district petition the municipality
to issue such the bonds. Unless the bonds are to be general obligations which pledge the full faith
and credit of the municipality, no election is required for the issuance of the bonds. The proceeds of
the bonds shall be used only for the purposes for which the collections of the special assessments or
general business occupation taxes from which the bonds are payable may be used under the
provisions of pursuant to this chapter, to fund a debt service reserve for bonds which that are not
general obligations of the municipality, to pay the interest estimated to accrue on the bonds until the
first collections of the special assessments or general business improvement taxes, and to pay the
costs of issuance of the bonds. The governing body shall, in the resolution or ordinance authorizing
the issuance of the bonds, agree that it the governing body shall keep the business improvement
district in effect, shall continue to impose and collect the special assessments and general business
occupation taxes so long as if the bonds are outstanding, and shall pledge so much of the collections
of the special assessments and general business occupation taxes as may be necessary to pay the
principal of, premium, if any, and interest on the bonds, and to maintain any debt service reserve
established for the bonds.
The municipality may also pledge any part of the collections of special assessments or general
business improvement taxes, in excess of those pledged to the payment of bonds issued under this
section, to the payment of utility revenue bonds issued under chapter 9-40 or tax
incremental
increment revenue bonds issued under chapters 11-8 and 11-9, but only if the proceeds of the utility
revenue bonds or tax
incremental increment revenue bonds are used to finance improvements
located, in whole or in part, in the business improvement district.
Section 48. That § 10-4-8.1 be amended to read:
10-4-8.1. Seven hundred fifty thousand dollars of the full and true value of the total amount of
real property or portion thereof of real property 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 seven hundred fifty thousand dollars shall be taxed as other real property
of the same class is taxed. No real property located in a tax incremental increment financing district,
created pursuant to chapter 11-9, may receive a property tax exemption pursuant to this section.
Signed March 6, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\071.wpd
CHAPTER 71
(HB 1161)
References to the International Building Code, updated.
ENTITLED, An Act to revise certain references to the International Building Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 11-10-5 be amended to read:
11-10-5. If the governing body of any local unit of government adopts any ordinance prescribing
standards for new construction, the ordinance shall comply with the 2015 2018 edition of the
International Building Code as published by the International Code Council, Incorporated. The
governing body may amend, modify, or delete any portion of the International Building Code before
enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal
ordinance may be made by the governing body and are effective upon their adoption and filing with
the municipal finance officer. Additional deletions, modifications, and amendments to the county
ordinance may be made by the governing body, and are effective upon their adoption and filing with
the county auditor. No ordinance may apply to mobile or manufactured homes as defined in chapter
32-7A which that are constructed in compliance with the applicable prevailing standards of the
United States Department of Housing and Urban Development at the time of construction. No
ordinance may require that any fire sprinkler be installed in a single family dwelling. No ordinance
may apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that
is constructed in compliance with the requirements of Group R-3 of the 2015 2018 edition of the
International Building Code.
Section 2. That § 11-10-6 be amended to read:
11-10-6. The design standard for any new construction commenced after July 1, 2015 2018,
within the boundaries of any local unit of government that has not adopted an ordinance prescribing
standards for new construction pursuant to § 11-10-5 shall be based on the 2015 2018 edition of the
International Building Code as published by the International Code Council, Incorporated. Each local
unit of government may adopt an ordinance allowing local administration and enforcement of the
design standard. The provisions of this section do not apply to new construction for any one or two
family dwelling, mobile or manufactured home, townhouse, or farmstead and any accessory structure
or building thereto. For purposes of this section the term, farmstead, means a farm or ranch,
including any structure or building located on the land. The provisions of this section do not apply
to any mobile or manufactured home as defined in chapter 32-7A which that is used for purposes
other than residential that is constructed in compliance with the applicable prevailing standards of
the United States Department of Housing and Urban Development at the time of construction if the
structure complies with applicable accessibility standards for the occupancy intended. The provisions
of this section do not apply to any specialty resort or vacation home establishment as defined in
chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2015
2018 edition of the International Building Code.
Section 3. That § 11-10-11 be amended to read:
11-10-11. If the governing body of any local unit of government adopts any ordinance
prescribing standards for maintenance of existing structures and premises, the ordinance shall
comply with the 2015 2018 edition of the International Property Maintenance Code as published by
the International Code Council, Incorporated. The governing body may amend, modify, or delete any
portion of the International Property Maintenance Code before enacting such an ordinance.
Additional deletions, modifications, and amendments to the municipal ordinance may be made by
the governing body and are effective upon their adoption and filing with the municipal finance
officer. Additional deletions, modifications, and amendments to the county ordinance may be made
by the governing body, and are effective upon their adoption and filing with the county auditor.
However, no ordinance may impose standards that conflict with the applicable prevailing standards
of the United States Department of Housing and Urban Development at the time of construction for
manufactured homes as defined in chapter 32-7A.
Signed March 21, 2018
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ELECTIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\072.wpd
CHAPTER 72
(SB 144)
Party affiliation on voter registration cards.
ENTITLED, An Act to revise certain provisions related to party affiliation on voter registration
cards.
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)(5) "Electronic pollbook," an electronic system containing both the registration list and
pollbook;
(5)(6) "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;
(5A)(7) "Paid circulator," any person who receives money or anything of value for
collecting signatures for a petition;
(6)(8) "Party office," an office of a political party organization as distinct from a public office;
(7)(9) "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)(10) "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)(11) "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)(12) "Political party," a party whose candidate for any statewide office at the last
preceding general election received at least two and one-half percent of the total
votes cast for that statewide office;
(10A)(13) "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)(14) "Polling place," a designated place voters may go to vote;
(11)(15) "Primary" or "primary election," an election held at which candidates are
nominated for public office;
(12)(16) "Public office," an elected position in government;
(12A)(17) "Registration list," a list of eligible voters;
(13)(18) "Registered mail," does not include certified mail;
(14)(19) "Registration officials," the county auditor and deputies and other persons
authorized to assist in registration pursuant to chapter 12-4;
(14A)(20) "Vote center," a polling place when the precinct has been defined as the entire
jurisdiction and an electronic pollbook is utilized;
(15)(21) "Voter," a person duly registered to vote or one who is performing the act of
voting;
(16)(22) "Independent (IND)" or "no party affiliation (NPA)," any currently registered 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 and any individual who is not currently registered to vote who
leaves the choice of party field blank on the voter registration form;
(17)(23) "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)(24) "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 § 12-4-15 be amended to read:
12-4-15. Any A person desiring to may designate or change that person's party affiliation, name,
or address may do so by completing a new registration card. For any registration card completed by
a person changing that person's party affiliation, name, or address, if the field for party affiliation is
left blank, the person's party affiliation shall be the most recent party affiliation registered for that
person. For any registration card completed by a person who is registering to vote for the first time
in this state, if the field for party affiliation is left blank, the party affiliation shall be registered as
independent or no party affiliation.
Section 3. This Act is effective July 1, 2019.
Signed March 9, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\073.wpd
CHAPTER 73
(HB 1012)
Political party definition, modified.
ENTITLED, An Act to revise certain provisions regarding political party status and to declare an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (10) of § 12-1-3 be amended to read:
(10) "Political party," beginning with the 2014 general election and each general election
thereafter, a party whose candidate for any statewide office at the last preceding general
election received at least two and one-half percent of the total votes cast for that statewide
office in either of the two previous general election cycles;
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 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\074.wpd
CHAPTER 74
(HB 1286)
Political parties to be classified under alternative political status.
ENTITLED, An Act to authorize certain political parties to be classified under alternative political
status, to revise certain provisions regarding nominating petitions, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-1 be amended by adding a NEW SECTION to read:
For the purposes of this title, the term, alternative political status, means that a political party
meets the requirements of this section commencing with the 2014 general election and each general
or special statewide election thereafter. Any political party that meets the definition of political party
as defined in § 12-1-3 and has a total party registration of less than two and a half percent of the total
number of registered voters, as recorded at the Office of the Secretary of State on the date of the last
general election, shall receive alternative political status. Any party that has a total party registration
of two and a half percent or more of the total number of registered voters, as recorded at the Office
of the Secretary of State on the date of the last general election, shall no longer be classified as
alternative political status, but shall remain a political party for the next two general election cycles.
Section 2. That § 12-6-7 be amended to read:
12-6-7. A nominating petition may be composed of several sheets, each sheet shall have identical
headings printed at the top and shall be a self-contained sheet of paper. The petition for party office
or political public office shall be signed by not less than one percent of the voters who voted for that
party's gubernatorial candidate at the last gubernatorial election in the county, part of the county,
district, or state electing a candidate to fill the office. If the party meets the requirement for
alternative political status as defined in section 1 of this Act, the petition for party office or political
public office shall be signed by not less than one percent of the voters who voted for that party's
statewide candidate receiving the highest votes at the last gubernatorial election in the county, part
of the county, district, or state electing a candidate to fill the office. If a county uses vote centers and
does not print ballots by precinct, signature requirements for both partisan and independent
candidates are:
(1) Fifty signatures for a legislative candidate whose district either in whole or in part
includes that county;
(2) Thirty signatures for a county candidate;
(3) Fifteen signatures for county commissioner district candidates;
(4) Five signatures for a new party legislative candidate whose district either in whole or in
part includes that county;
(5) Five signatures for a new party county candidate; or
(6) Three signatures for a new party county commissioner district candidate.
Section 3. That chapter 12-5 be amended by adding a NEW SECTION to read:
A political party with alternative political status may nominate a candidate for United States
Senate, United States House of Representatives, Governor, and any legislative seat by convention,
if the nomination is submitted with the proper documentation to the Office of the Secretary of State
no later than 5:00 p.m. central time on the second Tuesday in August, of the year of the election.
A candidate registered with a political party with an alternative political status may choose, if
allowed by the party bylaws, to participate in a primary election by submitting a candidate petition
no later than the last Tuesday of March in accordance with § 12-5-1.4.
Section 4. That chapter 12-5 be amended by adding a NEW SECTION to read:
A political party that did not have a candidate for Governor in 2014 may nominate a candidate
for United States Senate, United States House of Representatives, Governor, and any legislative seat
by convention, provided that the nomination is submitted with the proper documentation to the
Office of the Secretary of State no later than 5:00 p.m. central time August 1, 2018.
Section 5. Section 4 of this Act is repealed on January 1, 2019.
Section 6. That chapter 12-5 be amended by adding a NEW SECTION to read:
A new political party may nominate a candidate for United States Senate, United States House
of Representatives, Governor, and any legislative seat by convention, if the nomination is submitted
with the proper documentation to the Office of the Secretary of State no later than 5:00 p.m. central
time on the second Tuesday in August, of the year of the election.
Section 7. That § 12-5-1 be amended to read:
12-5-1. A new political party may be organized and participate in the primary election by filing
with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of
the primary election, a written declaration signed by at least two and one-half one percent of the
voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial
election, which declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose
ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the
declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also
comply with the requirements for dissolution pursuant to chapter 12-27.
Section 8. That § 12-5-1.5 be amended to read:
12-5-1.5. If a new political party organizing does not have a candidate for United States Senate,
United States House of Representatives, Governor, or Legislature, that who is nominated at a
primary election, the new political party may be organized by filing with the secretary of state not
later than July first at five p.m. central time, a written declaration signed by at least two and one-half
one percent of the voters of the state as shown by the total vote cast for Governor at the last
preceding gubernatorial election. The declaration shall contain:
(1) The name of the proposed party; and
(2) A brief statement of the principles of the proposed party.
The new political party shall, under the party name chosen, have all the rights of a political party
whose ticket was on the ballot at the preceding general election. No signature on a declaration is
valid if the declaration was signed more than one year prior to filing of the declaration.
A political party loses the right to participate in the primary election for failure to meet the
definition of political party as defined in § 12-1-3.
The national and state chairperson of a recognized political party may request in writing,
subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take
acknowledgments, to no longer be recognized as a political party. The political party shall also
comply with the requirements for dissolution pursuant to chapter 12-27.
Section 9. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed March 23, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\075.wpd
CHAPTER 75
(HB 1004)
Initiated measure petitions regulated.
ENTITLED, An Act to revise certain provisions regarding petition forms for initiated measures and
initiated amendments to the Constitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-1-9 be amended to read:
12-1-9. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26,
concerning:
(1) Forms for voter registration and voter file maintenance;
(2) Forms and color of ballots;
(3) Forms for notices;
(4) The uniformity of election procedures;
(5) The operation of the State Board of Elections;
(6) The procedure to accept a petition and verify petition signatures;
(7) Petition forms, including petition size and petition font size;
(8) Envelopes for absentee voting;
(9) Instructions to voters and absentee voters; and
(10) Recounts.
Section 2. 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 to the
Constitution 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 name and address of each petition 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
to the Constitution as prepared by the
attorney general; any fiscal note prepared pursuant to § 2-9-31; 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 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 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
, including petition size and petition font size, and
the
affidavit shall be prescribed by the State Board of Elections.
Section 3. 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 name and address of each petition 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; any fiscal note
prepared pursuant to § 2-9-31; 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 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 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
, including petition size and petition font size, and
the affidavit shall be prescribed by the
State Board of Elections.
Section 4. That § 2-1-3 be amended to read:
2-1-3. Any law which the Legislature may have enacted, except one which that may be necessary
for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, shall, upon the filing of a petition as hereinafter
provided in this chapter, be submitted to a vote of the electors of the state at the next general
election. Such The petition shall be signed by not less than five percent of the qualified electors of
the state. The form of the petition, including petition size and petition font size, shall be prescribed
by the State Board of Elections.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\076.wpd
CHAPTER 76
(HB 1011)
Voter registration list maintenance mailings,
requirements changed.
ENTITLED, An Act to revise certain provisions regarding voter registration list maintenance
mailings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-19 be amended to read:
12-4-19. Any voter in the active registration file who has failed to vote, has not updated the
voter's registration information, and has not replied to a confirmation mailing at least once during
the last preceding four consecutive years shall be sent a nonforwardable return-if-undeliverable
address verification request. If the request is undeliverable then a confirmation mailing prescribed
by the State Board of Elections shall be sent. If a county auditor has determined through a national
change of address licensee of the United States Postal Service that the address of a voter who is to
be sent an address verification request has changed, that the confirmation mailing may be omitted.
This process shall be performed by each county auditor between from January first and to November
fifteenth, inclusive, of each odd-numbered year.
Section 2. That chapter 12-4 be amended by adding a NEW SECTION to read:
The national change of address notice shall be sent by forwarding service requested to each voter
in the active registration file who has failed to vote, has not updated the voter's registration
information, has not replied to a confirmation mailing at least once during the last preceding four
consecutive years, and has had a national change of address within the jurisdiction with the United
States Post Office. This process shall be performed by each county auditor from January first to
November fifteenth, inclusive, of each odd-numbered year.
Section 3. That chapter 12-4 be amended by adding a NEW SECTION to read:
The voter registration list maintenance confirmation mailing notice shall be a double postcard
stating that the voter's registration may be canceled if the card is not returned. In addition, the card
shall state that if the information on the return card is correct, the voter shall sign and return the card
by the voter registration deadline of the primary election or the voter's registration becomes inactive.
The card shall also state that if the information on the return card is not correct, the voter shall send
the correct information to update the voter's registration or the voter's registration becomes inactive.
If the card is returned indicating a new address in another county in South Dakota or another state,
the card shall serve as a cancellation authorization. The card shall also give information on
reregistering if the voter has moved to another county or state. The card shall give the information
about the voter as the information appears in the registration records.
Signed February 5, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\077.wpd
CHAPTER 77
(HB 1005)
Attorney General's ballot measure explanation
requirements changed.
ENTITLED, An Act to revise certain requirements for a recitation regarding the effect of a vote on
certain ballot measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-13-1 be amended to read:
12-13-1. The secretary of state, at least twelve weeks prior to the general election, shall deliver
to each county auditor a certified copy of each initiated measure, referred law, or proposed
amendment to the Constitution to be voted on at the election, together with a statement, title,
explanation, and recitation of the effect of a "Yes" or "No" vote as written pursuant to § 12-13-9
or 12-13-25.1 to be published preceding the text of the initiative initiated measure, referendum
referred law, or proposed amendment. The attorney general shall prepare each statement, title,
explanation, and recitation.
Section 2. That § 12-13-9 be amended to read:
12-13-9. Before the third Tuesday in May, the attorney general shall deliver to the secretary of
state an attorney general's statement for each amendment to the Constitution proposed by the
Legislature, and any referred law from an odd year. The attorney general's statement for each referred
law from an even year shall be delivered to the secretary of state before the second Tuesday in July.
The attorney general's statement shall be written by the attorney general and shall consist of a title,
an explanation, and a clear and simple recitation of the effect of a "Yes" or "No" vote as provided
in this section. The title shall be a concise statement of the subject of the proposed amendment to
the Constitution or referred law. The explanation shall be an objective, clear, and simple summary
to educate the voters of the purpose and effect of the proposed amendment to the Constitution or the
referred law. The recitation for each proposed amendment to the Constitution shall state "Vote 'Yes'
to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for each
referred law shall state "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No'
to reject the Act of the Legislature". The attorney general shall include a description of the legal
consequences of the proposed amendment to the Constitution or the referred law, including the likely
exposure of the state to liability if the proposed amendment to the Constitution or the referred law
is adopted. The explanation may not exceed two hundred words in length. On the printed ballots, the
title shall be followed by the explanation and the explanation shall be followed, if applicable, by any
cost estimate prepared pursuant to § 2-9-34 or fiscal note prepared pursuant to § 2-9-32 and then
followed by the recitation.
Section 3. That § 12-13-23 be amended to read:
12-13-23. The secretary of state shall distribute public information on any constitutional
amendment to the Constitution, initiated measure, or referred measure law submitt
support of the constitutional amendment to the Constitution, initiated measure, or referred measure
law written by its proponents, if any can be identified, and a statement against the constitutional
amendment to the Constitution, initiated measure, or referred measure law written by its opponents,
if any can be identified. The secretary of state is not responsible for the contents, objectivity, or
accuracy of the statements written by the proponents and opponents. The pamphlet shall also include
the attorney general's title, explanation, and a clear and simple recitation of the effect of a "Yes" or
"No" vote as written pursuant to § 12-13-9 or 12-13-25.1; number of pages and sections in the
proposed or referred language; and, if applicable, a prison or jail population cost estimate and fiscal
note.
Section 4. 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 proposed initiative initiated measure or initiated
amendment to the Constitution in final form, to the attorney general. The attorney general shall
prepare an attorney general's statement that consists of a title and explanation. The title shall be a
concise statement of the subject of the proposed initiative initiated measure 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 initiative initiated measure or initiated amendment
to the Constitution. The attorney general shall include a description of the legal consequences of the
proposed initiative initiated measure or initiated amendment to the Constitution, including the likely
exposure of the state to liability if the proposed initiative initiated measure or initiated amendment
to the Constitution 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 proposed initiative initiated measure or initiated
amendment to the Constitution.
If the petition is filed as set forth in §§ 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 as
provided in this section. The recitation for an initiated amendment to the Constitution shall state
"Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation
for an initiated measure shall state "Vote 'Yes' to adopt the initiated measure" and "Vote 'No' to leave
South Dakota law as it is". On the printed ballots, the title shall be followed by the explanation and
the explanation shall be followed, if applicable, by any cost estimate prepared pursuant to § 2-9-34
or fiscal note prepared pursuant to § 2-9-31, and then followed by the recitation.
Section 5. That the code be amended by adding a NEW SECTION to read:
The provisions of this Act apply to any recitation prepared for an initiated amendment to the
Constitution, initiated measure, and referred law certified to appear on a ballot beginning with any
election in 2018.
Signed March 21, 2018
_______________
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CHAPTER 78
(HB 1006)
Legislative Research Council
review of ballot measure comments regulated.
ENTITLED, An Act to revise the extent of comments required by the director of the Legislative
Research Council regarding certain ballot measures and the period of time in which those
comments are to be made.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-13-25 be amended to read:
12-13-25. The sponsors of each initiative initiated measure or initiated amendment to the
Constitution shall submit a copy of the initiative initiated measure or initiated amendment to the
Constitution to the director of the Legislative Research Council for review and comment before it
may be circulated for signatures. The director shall review each submitted initiative initiated measure
or initiated amendment to the Constitution to determine if the requirements of § 12-13-24 are
satisfied and if the initiative initiated measure or initiated amendment to the Constitution may have
any impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions.
Within Unless as otherwise provided under section 2 of this Act, not more than fifteen days of work
days following receipt of an initiative initiated measure or initiated amendment to the Constitution,
the director shall provide written comments on the initiative initiated measure or initiated
amendment to the Constitution to the sponsors of the initiative initiated measure or initiated
amendment, the attorney general, and the secretary of state for the purpose of assisting the sponsors
in complying with § 12-13-24. The director's written comments under this section shall include
assistance regarding the substantive content of the initiated measure or initiated amendment in order
to minimize any conflict with existing law and to ensure the measure's or amendment's effective
administration. The sponsors may, but are not required to, amend the initiative initiated measure or
initiated amendment to the Constitution to comply with the director's comments.
Section 2. That the code be amended by adding a NEW SECTION to read:
If the director of the Legislative Research Council receives any initiated measure or initiated
amendment to the Constitution from the first day of December to the day of adjournment sine die
of the following legislative session, inclusive, the director shall provide written comments as
required pursuant to § 12-13-25 not more than fifteen work days following adjournment sine die of
the legislative session.
Signed February 5, 2018
_______________
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CHAPTER 79
(SB 11)
Legislative Research Council,
time period for review and comment revised.
ENTITLED, An Act to revise certain provisions regarding the time period during which petition
sponsors may submit ballot measures to the Legislative Research Council for review and
comment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-13-25 be amended to read:
12-13-25. The sponsors of each initiative or initiated amendment to the Constitution shall submit
a copy of the initiative or initiated amendment to the Constitution to the director of the Legislative
Research Council for review and comment not more than six months before it may be circulated for
signatures under § 2-1-1.1 or 2-1-1.2. The director shall review each submitted initiative or initiated
amendment to the Constitution to determine if the requirements of § 12-13-24 are satisfied and if
the initiative or initiated amendment to the Constitution may have any impact on revenues,
expenditures, or fiscal liability of the state or its agencies and subdivisions. Within fifteen days of
receipt of an initiative or initiated amendment to the Constitution, the director shall provide written
comments on the initiative or initiated amendment to the Constitution to the sponsors of the initiative
or initiated amendment, the attorney general, and the secretary of state for the purpose of assisting
the sponsors in complying with § 12-13-24. The sponsors may, but are not required to, amend the
initiative or initiated amendment to the Constitution to comply with the director's comments.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\080.wpd
CHAPTER 80
(SB 13)
Legislative Research Council
fiscal notes for certain ballot measures.
ENTITLED, An Act to revise certain provisions regarding the director of the Legislative Research
Council issuing fiscal notes for certain ballot measures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 proposed initiative initiated measure or initiated
amendment to the Constitution in final form, to the attorney general and the director of the
Legislative Research Council. The attorney general shall prepare an attorney general's statement that
consists of a title and explanation. The title shall be a concise statement of the subject of the
proposed initiative initiated measure 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 initiative initiated measure or initiated amendment to the Constitution. The attorney
general shall include a description of the legal consequences of the proposed initiative initiated
measure or initiated amendment to the Constitution, including the likely exposure of the state to
liability if the proposed initiative initiated measure or initiated amendment to the Constitution 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 proposed initiative initiated measure or initiated amendment to the
Constitution.
If the petition is filed as set forth in §§ 2-1-1.1
and or 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 any
cost estimate prepared pursuant to § 2-9-34 or fiscal note prepared
pursuant to
§ 2-9-31 § 2-9-30, and then followed by the recitation.
Section 2. That § 2-9-30 be amended to read:
2-9-30. If the director of the Legislative Research Council determines in the review and comment
under § 12-13-25 that any an initiated measure or initiated amendment to the Constitution may have
an impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions,
the sponsor of the initiated measure or initiated amendment to the Constitution shall request a fiscal
note from the director of the Legislative Research Council. No petition for any initiated measure or
initiated amendment to the Constitution may be filed with the secretary of state pursuant § 2-1-1.1
or 2-1-1.2 before the director of the Legislative Research Council files a fiscal note, if any, pursuant
to § 2-9-31 director shall notify the petition sponsor. If the director of the Legislative Research
Council determines that an initiated measure or initiated amendment to the Constitution in final form
under § 12-13-25.1 may have an impact on revenues, expenditures, or fiscal liability of the state or
its agencies and subdivisions, the director shall prepare a fiscal note. The fiscal note shall include
an estimate of the impact on revenues, expenditures, or fiscal liability of the state or its agencies and
subdivisions, by the provisions of the proposed initiated measure or initiated amendment to the
Constitution. The fiscal note expenditure estimate shall also include any impact to the prison or
county jail population. The fiscal note may not exceed fifty words. The director shall file the fiscal
note with the secretary of state and shall provide a copy to the sponsors not more than sixty days
following receipt of the initiated measure or initiated amendment in final form pursuant to § 12-13-25.1.
Section 3. That § 2-9-33 be amended to read:
2-9-33. A prison or jail population cost estimate shall be attached to any bill or amendment,
except misdemeanor penalties, that may impact the state prison or county jail population. A prison
or jail population cost estimate shall be attached to any measure proposed by ballot initiative, except
Class 2 misdemeanor penalties, that may impact the state prison or county jail population. A prison
or jail population cost estimate shall be prepared for a bill or amendment with a Class 1
misdemeanor penalty only upon a request authorized by the rules of the Legislature. The requirement
for a cost estimate includes each bill, or amendment, or ballot initiative that meets the penalty
requirements of this section and that increases the period of imprisonment authorized for an existing
crime, that adds a new crime for which imprisonment is authorized, that imposes a minimum or
mandatory minimum term of imprisonment, or that modifies any law governing release of a prisoner
from imprisonment or supervision.
The sponsor of the legislation
, or amendment
, or ballot initiative shall request and allow
sufficient time to prepare a cost estimate from the Legislative Research Council. The cost estimate
shall be completed for a bill or amendment before the bill or amendment is considered by any
standing committee of the Legislature.
Any ballot initiative shall have a cost estimate attached to the
Attorney General's statement required pursuant to § 12-13-9 or 12-13-25.1.
Section 4. 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 to the
Constitution 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 name and address of each petition 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;
any fiscal note prepared pursuant to
§ 2-9-31 § 2-9-30; 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 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 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 5. 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 name and address of each petition 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; any fiscal note
prepared pursuant to
§ 2-9-31 § 2-9-30; 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 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 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 6. That § 12-13-23 be amended to read:
12-13-23. The secretary of state shall distribute public information on any constitutional
amendment, initiated measure, or referred measure law submitted to the electors for approval. The
secretary of state shall compile the public information by printing a statement in support of the
constitutional amendment, initiated measure, or referred measure law written by its proponents, if
any can be identified, and a statement against the constitutional amendment, initiated measure, or
referred measure law written by its opponents, if any can be identified. The secretary of state is not
responsible for the contents, objectivity, or accuracy of the statements written by the proponents and
opponents. The pamphlet shall also include the attorney general's title, explanation, and a clear and
simple recitation of the effect of a "Yes" or "No" vote; number of pages and sections in the proposed
or referred language; and, if applicable, a prison or jail population cost estimate and fiscal note.
Section 7. That § 2-9-31 be repealed.
Signed March 21, 2018
_______________
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CHAPTER 81
(HB 1013)
Electronic voting systems used in elections, regulated.
ENTITLED, An Act to revise certain provisions regarding voting systems used in elections and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-17B-1 be amended to read:
12-17B-1. Terms used in this chapter mean:
(1) "Automatic tabulating equipment," the apparatus necessary to automatically examine and
count votes as designated on ballots or entered directly into a computer by means of a
touch screen or other data entry device and data processing machines which can be used
for counting these votes and tabulating results;
(2) "Ballot," paper ballots containing the names of candidates and statements of measures to
be voted on;
(3) "Counting location," any location selected by the person in charge of the election for the
counting of votes cast in an election. A counting location shall be within the territorial
jurisdiction of such person unless there is no suitable tabulating equipment available
within the jurisdiction. However, in any event, all counting locations shall be within this
state;
(4) "Direct recording electronic," a voting system which records votes by means of a ballot
display provided by electro-optical devices that can be actuated by the voter, that process
the data by means of a computer program, and that records voting data in internal memory
devices;
(5) "Electronic ballot marking system," any electronic device which marks votes on a ballot;
(6)(5) "Optical scan," a procedure in which votes are tabulated by means of examining marks
made in voting response locations on the ballots with an optical mark reader (OMR);
(7)(6) "Resolution board," a board at an automatic tabulating location comprised of a
representative from each political party having a candidate on the ballot and whose
candidate on the county-wide ballot at the last general election received at least fifteen
percent of the votes. The county auditor may request additional board members balanced
evenly by party. If the resolution board consists of more than one member from each
party, the party shall designate which member of the party shall serve as co-leader of the
resolution board. The co-leaders shall ensure that each board member is conducting
resolution board duties uniformly and in accordance with applicable statutes and
administrative rules. The board shall determine the disposition of those ballots which
cannot be properly counted by the tabulating equipment and observe the activities at the
counting location on behalf of the board member's respective party affiliation. In strictly
nonpartisan elections, the resolution board shall be comprised of two persons who are not
employees of the jurisdiction conducting the election and shall be appointed by the person
in charge of the election.
Section 2. That § 12-17B-2 be amended to read:
12-17B-2. Any automatic tabulating, direct recording electronic, or electronic ballot marking
system used in an election shall enable the voter to cast a vote for all offices and on all measures on
which the voter is entitled to vote. No automatic tabulating, electronic ballot marking, or election
voting equipment system may be connected to the internet. No ballot marking device may save or
tabulate votes marked on any system. Each system shall fulfill the requirements for election
assistance commission standards certification and be approved by the State Board of Elections prior
to distribution and use in this state. No system may be approved unless the system fulfills the
requirements as established by the State Board of Elections. Any changes or modifications to an
approved system shall be approved by the State Board of Elections prior to distribution and use.
Section 3. That § 12-17B-2.1 be repealed.
Section 4. That § 12-17B-3 be amended to read:
12-17B-3. Any governing body having supervision of elections within any political subdivision
may adopt, experiment with, or abandon any automatic tabulating, direct recording electronic, or
electronic ballot marking system approved for use by the State Board of Elections. Any governing
body may use the system in all or some of the precincts within its jurisdiction or in combination with
any other type of voting system approved for use by the State Board of Elections.
Section 5. That § 12-17B-4 be amended to read:
12-17B-4. The governing body of a political subdivision may contract with any county for the
use of an automatic tabulating, direct recording electronic, or electronic ballot marking system for
elections within the political subdivision.
Section 6. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed February 5, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\082.wpd
CHAPTER 82
(HB 1105)
Validation of absentee ballot signatures.
ENTITLED, An Act to revise certain provisions regarding the validation of absentee ballot
signatures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-19 be amended by adding a NEW SECTION to read:
If a county uses an absentee ballot precinct at the building where the county auditor is located
to process absentee ballots on election day for a federal, state, or county election, the county has the
option to validate the absentee ballot signatures in the county auditor's office. The county auditor
shall follow the provisions of § 12-19-10 except for the following:
(1) The county auditor, at anytime during the absentee voting timeframe, shall carefully
compare the statement on the reverse side of the official return envelope with the written
application without opening or breaking the seal of the return envelope; and
(2) If the county auditor determines that both signatures match:
(a) The application for absentee ballot does not need to be sent to the absentee precinct
board; and
(b) The county auditor shall initial the envelope after the determination that signatures
do match.
Signed February 14, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\083.wpd
CHAPTER 83
(SB 128)
Ballot question committee regulation.
ENTITLED, An Act to revise certain provisions regarding ballot question committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (2) of § 12-27-1 be amended to read:
(2) "Ballot question committee," a person or entity that raises, collects, or disburses
contributions for the placement of any one or more ballot question questions on the ballot
or the adoption or defeat of any one or more ballot question questions. A ballot question
committee is not a person or political committee that makes a contribution to a ballot
question committee. A ballot question committee is not an entity that makes a
contribution to a ballot question committee from treasury funds;
Section 2. That § 12-27-18 be amended to read:
12-27-18. An entity may make a contribution to a ballot question committee organized solely for
the purpose of influencing an election on a one or more ballot question questions and may make
independent communication expenditures regarding the placement of a one or more ballot question
questions on the ballot or the adoption or defeat of a one or more ballot question questions. Any
entity making expenditures, equal to or exceeding fifty percent of the entity's annual gross income,
for the adoption or defeat of a one or more ballot measure measures is a ballot question committee.
An entity may create a political action committee. A violation of this section is a Class 2
misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 3. That § 12-27-22 be amended to read:
12-27-22. A campaign finance disclosure statement shall be submitted to the secretary of state.
The treasurer of each:
(1) Candidate or candidate campaign committee for any statewide office shall file a pre-primary, pre-general, year-end, and, if applicable, supplemental report and amendments
in even numbered years. In odd numbered years shall file a year-end and, if applicable,
amendments. A termination report may be submitted at any time;
(2) Candidate or candidate campaign committee for a legislative or county office shall file a
pre-primary if the candidate's name appears on the primary election ballot, pre-general,
year-end and, if applicable, supplemental report and amendments in even numbered years.
A termination report may be submitted at any time;
(3) Statewide political action committee shall file a pre-primary, pre-general, year-end, and,
if applicable, supplemental report and amendments in even numbered years. In odd
numbered years shall file a year-end or, if applicable, amendments. A termination report
may be submitted at any time;
(4) Statewide political party shall file a pre-primary, pre-general, year-end and, if applicable,
supplemental report and amendments in even numbered years. In odd numbered years
shall file a year-end or amendments, if applicable. A termination report may be submitted
at any time. A political party that loses its status as a qualified party shall file a
termination statement by 5:00 p.m. central time the last Friday in January following the
calendar year in which qualified party status was lost;
(5) County political party and auxiliary organization shall file a pre-general and, if applicable,
supplemental report and amendments in even numbered years. A termination report may
be submitted at any time; and
(6) Statewide ballot question committee shall file a pre-primary, pre-general, year-end and,
if applicable, supplemental report and amendments in even numbered years. In odd
numbered years shall file a year-end and, if applicable, amendments. A termination report
may be submitted at any time. A If a statewide ballot question committee:
(a) 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. central time on the last Friday in January following the year the
statement of organization was submitted to the secretary of state; or
(b) For a ballot issue that was on a ballot shall submit a termination report to the
secretary of state by 5:00 p.m. central time on the last Friday in January following
the calendar year the ballot question was on the ballot does not list any activity on
the next required campaign finance report submitted to the secretary of state, that
committee has until the next reporting period to report activity. If that committee
does not have any activity to report by the next reporting period, the committee
shall submit a termination report by that reporting period deadline.
A campaign finance disclosure statement shall be submitted to the secretary of state by the
treasurer of each committee who shall file the following financial disclosure reports in accordance
with the time frames stated in this chapter: pre-primary, pre-general, year-end, amendment,
supplemental, and a termination when a committee is terminating its existence.
A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year
is a Class 1 misdemeanor.
Signed March 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\084.wpd
CHAPTER 84
(HB 1002)
Campaign finance requirements revised.
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 subdivision (2) of § 12-27-1 be amended to read:
(2) "Ballot question committee," a person or entity that raises, collects, or disburses
contributions:
(a) As a proponent for the placement of any ballot question on the ballot;
(b) As an opponent to the placement of any ballot question on the ballot; or
(c) For the adoption or defeat of any ballot question.
A ballot question committee is not a person or political committee that makes a
contribution to a ballot question committee. A ballot question committee is not an entity
that makes a contribution to a ballot question committee from treasury funds;
Section 2. That subdivision (21) of § 12-27-1 be amended to read:
(21) "Treasurer," the treasurer is:
(a) The the person who is designated as and has agreed to serve as the person
responsible for each required filing that a committee is required to make under this
title; and
(b) The person who may be responsible for any monetary penalty assessed in
accordance with this chapter;
Section 3. That § 12-27-2 be amended to read:
12-27-2. A political committee shall have and continually maintain a chair and a treasurer. One
person may serve as chair, candidate, treasurer, or any combination thereof. A treasurer may be
responsible for any monetary penalty assessed pursuant to this chapter. No political committee may
receive or make contributions or pay expenses while the office of treasurer is vacant. A violation of
this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1
misdemeanor.
Section 4. That § 12-27-3 be amended to read:
12-27-3. A statement of organization shall be filed as follows:
(1) The treasurer for a political action committee shall file a statement of organization with
the secretary of state not later than fifteen days after the date upon which the committee
made contributions, received contributions, or paid expenses in excess of five hundred
dollars. However, if such activity falls within thirty days of any statewide election, the
statement of organization shall be filed within forty-eight hours.
Notwithstanding the provisions above, a
;
(2) A candidate shall file a statement of organization for a candidate campaign committee
with the secretary of state not later than fifteen days after becoming a candidate pursuant
to this chapter. The statement of organization may be filed electronically pursuant to § 12-27-41.; and
(3) If the treasurer for a ballot question committee does not file a statement of organization
pursuant to chapter 2-1, the treasurer shall file a statement of organization with the
secretary of state not later than fifteen days after the date which the committee made
contributions, received contributions, or paid expenses in excess of five hundred dollars.
However, if such activity falls within thirty days of any statewide election, the statement
of organization shall be filed within forty-eight hours.
Any statement of organization may be filed electronically pursuant to § 12-27-41. A political
committee that regularly files a campaign finance disclosure statement with another state or the
Federal Election Commission or a report of contributions and expenditures with the Internal Revenue
Service is not required to file a statement of organization. A violation of this section is a Class 2
misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 5. That § 12-27-14 be amended to read:
12-27-14. The sale of any property by a political committee shall be reported in the campaign
finance disclosure statement. A violation of this section is a Class 1 misdemeanor.
Section 6. That § 12-27-21.1 be amended to read:
12-27-21.1. Each statement referred to § 12-27-22 shall be signed and submitted by the treasurer
of the political committee. The statement shall be received by the secretary of state and submitted
by 5:00 p.m. central time on the following dates:
(1) Pre-primary report: fifteen days prior to the primary election, for the reporting period
commencing with the last report submitted up through and including twenty days prior
to the election date;
(2) Pre-general report: fifteen days prior to the general election, for the reporting period
commencing with the last report submitted up through and including twenty days prior
to the election date;
(3) Amendments: submitted pursuant to § 12-27-27;
(4) Supplemental report: submitted pursuant to § 12-27-28;
(5) Year-end report: by the last Friday in January each year, for the reporting period
commencing with the last report submitted up through and including December thirty-first
of each year; and
(6) Termination report: at any time as stated in § 12-27-25;
(7) .
Pre-primary, pre-general, amendments, supplemental, year-end, and termination reports shall
cover the contributions and expenditures since the last report submitted
; and
(8) . All required filings under this chapter shall be submitted using the forms as provided by
the secretary of state.
A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year
is a Class 1 misdemeanor.
Section 7. That § 12-27-23 be repealed.
Section 8. That § 12-27-24 be amended to read:
12-27-24. A campaign finance disclosure report shall include the following information:
(1) The political committee name, mailing address, telephone number, and, if applicable, e-mail address;
(2) Name, mailing address, telephone number, and, if applicable, an e-mail address, if any of
the political committee's treasurer;
(3) The type of campaign report (pre-primary, pre-general, year-end, amendment, supplement,
or termination);
(4) For any ballot question committee, the ballot question name and whether the committee
supports or opposes the ballot question;
(5) The balance of cash and cash equivalents on hand at the beginning of the reporting period;
(6) The total amount of all contributions received during the reporting period;
(7) The total amount of any donated good or service received during the reporting period;
(8) The total of refunds, rebates, interest, or other income not previously identified during the
reporting period;
(9) The total of expenditures made during the reporting period;
(10) The cash balance on hand as of the close of the reporting period;
(11) All contributions of one hundred dollars or less shall either be aggregated and reported
as a lump sum or the contributions shall be listed individually. The individual
contributions of one hundred dollars or less shall be noted on the committee's books and
a running total of each individual's contributions shall be maintained;
(12) The name, mailing address, city, and state of each person making a contribution of more
than one hundred dollars in the aggregate during any calendar year and the amount of the
contribution. Any contribution from any political committee shall be itemized. Any
contribution from a federal political committee or political committee organized outside
this state shall also include the name and website address of the filing office where
campaign finance disclosure reports are regularly filed for the committee. If any
information required by the section is unknown to the political committee, the political
committee may not deposit the contribution;
(13) Any donated good or service contribution shall contain the same information as for any
monetary contribution, and shall also include a description of the donated good or service
contribution;
(14) Upon the request of the treasurer, any person making a donated good or service
contribution shall provide all necessary information to the treasurer, including the value
of the contribution;
(15) Any monetary or donated good or service contribution made by a political committee to
any political committee or nonprofit charitable entity shall be itemized;
(16)(15) A categorical description and amount of any refunds, rebates, interest, sale of
property, or other receipts not previously identified during the reporting period;
(17)(16) A categorical description and amount of any funds or donations by any entity to its
political committee for establishing and administering the political committee and
for any solicitation costs of the political committee;
(18)(17) Each loan received shall be reported in the same manner as a contribution;
(19)(18) Each loan repayment shall be reported in the same manner as an expenditure;
(20)(19) Any expenditure made during the reporting period shall be categorized as
disbursements and itemized by expense categories. A miscellaneous expense
category is prohibited. Any contribution made by the political committee that is not
in exchange for any item of value or service shall be itemized;
(21)(20) The amount of any independent communication expenditure from a political
committee made during the reporting period, and lists the name of the candidate,
public office holder, or ballot question related to the independent communication
expenditure and a description of the independent communication expenditure;
(22)(21) The A ballot question committee shall provide the information contained in any
statement provided pursuant to § 12-27-19; and
(23)(22) A certification that the contents of the statement are true and correct signed by the
treasurer of the political committee.
Section 9. That § 12-27-29 be amended to read:
12-27-29. The treasurer of a political committee shall maintain and preserve detailed and
accurate records of the following:
(1) Each contribution and donated good or service contribution received by the political
committee. Any contribution of one hundred dollars or less shall be noted on the political
committee's books and a running total of each contributor shall be maintained;
(2) Each donated good or service contribution received by the political committee. Upon
request of the treasurer, any person making a donated good or service contribution shall
provide all necessary information to the treasurer, including the value of the contribution;
(3) In the case of a ballot question committee, the information required by § 12-27-19 for any
entity contribution;
(3)(4) Each loan received or made by the political committee;
(4)(5) Each refund, rebate, interest, or other income received by the political committee;
(5)(6) All receipts, invoices, bills, canceled checks, or other proofs of payment, with an
explanation of each, for each expenditure;
(6)(7) The name and address of any financial institution where an account or depository for the
political committee is maintained including the account number.
The treasurer shall maintain and preserve the records for a period of seven years or three years
past the date of filing the termination statement for the election for which the contribution or
expenditure was made, whichever is earlier. A violation of this section is a Class 2 misdemeanor.
Any subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 10. That § 12-27-35 be amended to read:
12-27-35. The attorney general shall investigate and prosecute any violation of the provisions
of this chapter relating to a legislative office, statewide office, or political committee and prosecute
any violation thereof. In lieu of bringing a criminal action, the attorney general may elect to file a
civil action. In a civil action, in addition to other relief, the court may impose a civil penalty in an
amount not to exceed ten thousand dollars for each violation. Any civil penalty recovered shall be
paid to the state general fund. A civil action brought by the attorney general shall be commenced in
Hughes County or in the county where the person resides. Any violation of this section is a Class 2
misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 11. That § 12-27-38 be amended to read:
12-27-38. If any candidate is proved in a contest of an election or is proved to have violated any
provision of this chapter punishable by a felony, the candidate may not be certified for election or
the candidate shall forfeit his or her office. The office shall be declared vacant and shall be filled in
the manner provided by law for filling vacancies occasioned by death or resignation.
Section 12. That § 12-27-48 be amended to read:
12-27-48. Any person who knowingly makes a false allegation pursuant to § 12-27-47, 23-3-72,
or 23-3-73 is guilty of a Class 2 misdemeanor.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\085.wpd
CHAPTER 85
(SB 7)
Campaign finance limits revised.
ENTITLED, An Act to revise certain provisions concerning campaign finance limits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-7 be amended to read:
12-27-7. If a contributor is a person or an entity, no candidate for statewide office or the
candidate's campaign committee may accept any contribution that in the aggregate exceeds four
thousand dollars during any calendar year. A candidate campaign committee may only accept
contributions from any candidate campaign committee, political action committee, entity, person,
or political party. The limitation on any contribution from a person in this section does not apply to
any contribution by the candidate or the candidate's immediate family A statewide candidate or the
candidate's campaign committee may accept contributions during any calendar year as follows:
(1) Not to exceed four thousand dollars from a person, unless the person is the candidate or
a member of the candidate's immediate family, in which case contributions may be made
without limit;
(2) Not to exceed four thousand dollars from an entity;
(3) Without limit from a political action committee;
(4) Without limit from a political party; and
(5) Without limit from a candidate campaign committee.
Any contribution from a ballot question committee is prohibited. A violation of this section is
a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 2. That § 12-27-8 be amended to read:
12-27-8. If the contributor is a person or entity, no candidate for legislative or county office or
the candidate's campaign committee may accept any contribution that in the aggregate exceeds one
thousand dollars during any calendar year. A candidate campaign committee may only accept
contributions from any candidate campaign committee, person, entity, political action committee,
or political party.
The limitation on any contribution from a person in this section does not apply to any
contribution by the candidate or the candidate's immediate family
A legislative or county candidate
or the candidate's campaign committee may accept contributions during any calendar year as follows:
(1) Not to exceed one thousand dollars from a person, unless the person is the candidate or
a member of the candidate's immediate family, in which case contributions may be made
without limit;
(2) Not to exceed one thousand dollars from an entity;
(3) Without limit from a political action committee;
(4) Without limit from a political party; and
(5) Without limit from a candidate campaign committee.
Any contribution from a ballot question committee is prohibited. A violation of this section is
a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 3. That § 12-27-9 be amended to read:
12-27-9. If the contributor is a person or an entity, no political action committee may accept any
contribution that in the aggregate exceeds ten thousand dollars during any calendar year. If the
contributor is a ballot question committee, no political action committee may accept any contribution
that in the aggregate exceeds ten thousand dollars during any calendar year. A political action
committee may also accept unlimited contributions from any candidate campaign committee,
political action committee, or political party A political action committee may accept contributions
during any calendar year as follows:
(1) Not to exceed ten thousand dollars from a person;
(2) Not to exceed ten thousand dollars from an entity;
(3) Without limit from a political action committee;
(4) Without limit from a political party;
(5) Without limit from a candidate campaign committee; and
(6) Not to exceed ten thousand dollars from a ballot question committee.
A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year
is a Class 1 misdemeanor.
Section 4. That § 12-27-10 be amended to read:
12-27-10. If the contributor is a person or an entity, no political party may accept any
contribution that in the aggregate exceeds ten thousand dollars during any calendar year. A political
party may accept unlimited contributions from any candidate campaign committee, political action
committee, or political party A political party may accept contributions during any calendar year as
follows:
(1) Not to exceed ten thousand dollars from a person;
(2) Not to exceed ten thousand dollars from an entity;
(3) Without limit from a political action committee;
(4) Without limit from a political party; and
(5) Without limit from a candidate campaign committee.
Any contribution from a ballot question committee is prohibited. A violation of this section is
a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 5. That § 12-27-18 be amended to read:
12-27-18. An entity may make a contribution to a ballot question committee organized solely for
the purpose of influencing an election on a ballot question and may make independent
communication expenditures regarding the placement of a ballot question on the ballot or the
adoption or defeat of a ballot question. Any entity making expenditures, equal to or exceeding fifty
percent of the entity's annual gross income, for the adoption or defeat of a ballot measure is a ballot
question committee. An entity may create a political action committee. A violation of this section
is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.
Section 6. That § 12-27-18.1 be amended to read:
12-27-18.1. A ballot question committee may accept unlimited contributions from a person,
entity, or political committee:
(1) Person;
(2) Entity that complies with § 12-27-19;
(3) Political action committee;
(4) Political party;
(5) Candidate campaign committee; and
(6) Ballot question committee.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\086.wpd
CHAPTER 86
(SB 8)
Campaign contribution limits applied
to certain aggregate contributions.
ENTITLED, An Act to establish provisions as to how campaign contribution limits apply to certain
aggregate contributions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-27 be amended by adding a NEW SECTION to read:
For the purpose of the contribution limits established by §§ 12-27-7, 12-27-8, 12-27-9, and 12-27-10, all committees established, financed, maintained, or controlled by the same person or entity
including any parent, subsidiary, branch, division, department, or local unit thereof, are affiliated and
share a single contribution limit both with respect to contributions made and contributions received.
Section 2. This Act is effective on January 1, 2019.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\086.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\087.wpd
CHAPTER 87
(SB 77)
Campaign finance disclosure statements
submitted by ballot question committees.
ENTITLED, An Act to revise certain provisions regarding information provided to ballot question
committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-19 be amended to read:
12-27-19. Before making a contribution to a ballot question committee pursuant to § 12-27-18,
an entity shall provide to the ballot question committee the following:
(1) The name or fictitious name of the entity;
(2) The mailing address of the entity's office;
(3) The name and mailing address of each owner, director, or each director and officer of the
entity;
(4) The committee name the contribution was given to, the date, and the amount of the
contribution; and
(5) The name and mailing address of the person authorizing the contribution.
These requirements do not apply to any donated goods or services.
Before contributing more than ten thousand dollars in the aggregate to a ballot question
committee pursuant to § 12-27-18, an entity shall provide to the ballot question committee a sworn
written statement made by the president and treasurer of the entity declaring and affirming, under
the penalty of perjury, the following:
(1) The name and street address of every person who owns ten percent or more of the entity,
has provided ten percent or more of the entity's gross receipts, including capital
contributions, in the current or preceding year, or has provided ten percent or more of the
funds being contributed to the ballot question committee; and
(2) That no part of the contribution was raised or collected by the entity for the purpose of
influencing the ballot question.
A ballot question committee shall disclose in its applicable campaign financial disclosure
statement or supplement statement all information received from any entity pursuant to this section.
No ballot question committee may accept any contribution from any entity not preceded or
accompanied by the statements required by this section. Except as provided by § 22-29-1, violation
of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1
misdemeanor.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\087.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\088.wpd
CHAPTER 88
(HB 1003)
Campaign finance reporting revised.
ENTITLED, An Act to revise certain provisions concerning the content of the campaign finance
disclosure reports and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-27-24 be amended to read:
12-27-24. A campaign finance disclosure report shall include the following information:
(1) The political committee name, mailing address, telephone number, and, if applicable, e-mail address;
(2) Name, mailing address, telephone number, and, if applicable, an e-mail address, if any of
the political committee's treasurer;
(3) The type of campaign report (pre-primary, pre-general, year-end, amendment, supplement,
or termination);
(4) For any ballot question committee, the ballot question name and whether the committee
supports or opposes the ballot question;
(5) The balance of cash and cash equivalents on hand at the beginning of the reporting period;
(6) The total amount of all contributions received during the reporting period;
(7) The total amount of any donated good or service received during the reporting period;
(8) The total of refunds, rebates, interest, or other income not previously identified during the
reporting period;
(9) The total of expenditures made during the reporting period;
(10) The cash balance on hand as of the close of the reporting period;
(11) All contributions of one hundred dollars or less shall either be aggregated and reported
as a lump sum or the contributions shall be listed individually. The individual
contributions of one hundred dollars or less shall be noted on the committee's books and
a running total of each individual's contributions shall be maintained;
(12) The name, mailing address, city, and state of each person making a contribution of more
than one hundred dollars in the aggregate during any calendar year and the amount of the
contribution. Any contribution from any an entity after July 1, 2017, or political
committee shall be itemized. Any contribution from a federal political committee or
political committee organized outside this state shall also include the name and website
address of the filing office where campaign finance disclosure reports are regularly filed
for the committee. If any information required by the section is unknown to the political
committee, the political committee may not deposit the contribution;
(13) Any donated good or service contribution shall contain the same information as for any
monetary contribution, and shall also include a description of the donated good or service
contribution;
(14) Upon the request of the treasurer, any person making a donated good or service
contribution shall provide all necessary information to the treasurer, including the value
of the contribution;
(15) Any monetary or donated good or service contribution made by a political committee to
any political committee or nonprofit charitable entity shall be itemized;
(16) A categorical description and amount of any refunds, rebates, interest, sale of property,
or other receipts not previously identified during the reporting period;
(17) A categorical description and amount of any funds or donations by any entity to its
political committee for establishing and administering the political committee and for any
solicitation costs of the political committee;
(18) Each loan received shall be reported in the same manner as a contribution;
(19) Each loan repayment shall be reported in the same manner as an expenditure;
(20) Any expenditure made during the reporting period shall be categorized as disbursements
and itemized by expense categories. A miscellaneous expense category is prohibited. Any
contribution made by the political committee that is not in exchange for any item of value
or service shall be itemized;
(21) The amount of any independent communication expenditure from a political committee
made during the reporting period, and lists the name of the candidate, public office holder,
or ballot question related to the independent communication expenditure and a description
of the independent communication expenditure;
(22) The information contained in any statement provided pursuant to § 12-27-19; and
(23) A certification that the contents of the statement are true and correct signed by the
treasurer of the political committee.
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 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\088.wpd
EDUCATION
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\089.wpd
CHAPTER 89
(HB 1252)
Government entities may not restrict the wearing
of tribal regalia during certain events.
ENTITLED, An Act to prohibit certain government entities from restricting the wearing of tribal
regalia during certain events.
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 state, any of its political subdivisions, municipalities or subdivisions thereof shall not
prohibit any person from wearing traditional tribal regalia or objects of cultural significance at a
school honoring or graduation ceremony. For purposes of this section the term, tribal regalia or
object of cultural significance, means an eagle feather or eagle plume.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\089.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\090.wpd
CHAPTER 90
(HB 1215)
The reorganization of school districts with low enrollment.
ENTITLED, An Act to revise certain provisions regarding reorganization of certain school districts
with low enrollment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-6-97 be amended to read:
13-6-97. Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less fewer
than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with
another school district or one or more school districts to create a newly reorganized school district
with a fall enrollment of one hundred or greater. After July 1, 2007, if the fall enrollment of any
school district that is not a sparse school district falls to one hundred or below fewer, that school
district shall prepare a plan for reorganization within two years. If any such a school district is
required to prepare a plan for reorganization under this section and fails to prepare a plan for
reorganization by the deadline, the Board of Education Standards shall prepare a plan for
reorganization plan for the that school district. For The minimum fall enrollment for any school
district that does not operate a high school and that contracts with an adjoining school district in
Minnesota to educate its resident high school students, the minimum fall enrollment that the school
district must maintain pursuant to this section is not one hundred, but rather is equal to a pro-rated
share of one hundred based upon the number of grades offered within the school district. However,
the The provisions of this section do not apply to any:
(1) A school district that receives no state aid distributed pursuant to chapter 13-13, and that
is located at least not less than twenty-five miles from the nearest high school in an
adjoining school district in the state. The provisions of this section also do not apply to
any;
(2) A school district that is a part of a consortium of school districts exercising joint
governmental powers pursuant to chapter 1-24, or intergovernmental cooperation in
education pursuant to chapter 13-15 for the purposes stated in § 13-8-1, if any such the
joint powers agreement or intergovernmental cooperation agreement is approved each
year before the first day of July by the secretary of education; and
(3) The only school district in the county with an existing attendance center, and whose
attendance center is at least twenty miles away from any other attendance center.
The Board of Education Standards may promulgate rules
, pursuant to chapter 1-26
, to establish
the procedures and criteria for the secretary's approval of
agreements pursuant to any reorganization
agreement required under this section. The criteria
established by the Board of Education Standards
under this section shall take into account any significant cost savings that may be achieved through
such an the reorganization agreement and the educational needs of the students in the districts
that
are parties to the reorganization agreement.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\090.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\091.wpd
CHAPTER 91
(SB 66)
Information about school elections
to be in the school board minutes.
ENTITLED, An Act to require each school board to provide certain information regarding school
elections in the school board minutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-7 be amended by adding a NEW SECTION to read:
For the most recent annual school election conducted in each school district as provided in § 13-7-10, each school board shall provide in the school board minutes the following information:
(1) The number of registered voters of the school district on the date voter registration closes;
(2) The number of registered voters of the school district who voted in the election;
(3) The percentage of registered voters of the school district who voted in the election; and
(4) If the election was held in conjunction with a regular municipal election as provided in
§ 13-7-10.1 or with the regular June primary as provided in § 13-7-10.3.
If the annual election was not conducted because there was neither a contested vacancy on the
school board nor any question submitted to the voters, the school board shall provide that
information in the school board minutes.
Section 2. That chapter 13-7 be amended by adding a NEW SECTION to read:
The school election information required in section 1 of this Act shall be provided within sixty
days of the official canvass.
Signed February 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\091.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\092.wpd
CHAPTER 92
(HB 1056)
Property tax levies for school districts
and the state aid to education formula.
ENTITLED, An Act to revise certain property tax levies for the general fund of school districts and
to revise the state aid to 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
2018 2019 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 six seven dollars and ninety-seven and eight-tenths one
tenth 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 the school district shall be one
dollar and fifty and seven fifty-one and two tenths cents per thousand dollars of taxable
valuation. If the district's levies are less than the maximum levies as stated in this section,
the levies shall maintain the same proportion to each other as represented in the
mathematical relationship at the maximum levies; and
(3) The maximum tax levy for an owner-occupied single-family dwelling as defined in § 10-13-40 for such the school district shall be three dollars and thirty-seven and two tenths
thirty-eight and three 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.
Section 2. That § 13-13-10.1 be amended to read:
13-13-10.1. The education funding terms and procedures referenced in this chapter are defined
as follows:
(1) Repealed by SL 2016, ch 83, § 4;
(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 fall enrollment of the
receiving district when enrolled in the receiving district;
(2) Repealed by SL 2016, ch 83, § 4;
(2A) "Fall enrollment," is calculated as follows:
(a) Determine 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;
(b) Subtract the number of students for whom the district receives tuition except for:
(i) Nonresident students who are in the care and custody of a state agency and
are attending a public school district;
(ii) Students who are being provided an education pursuant to § 13-28-11; and
(iii) Students for whom tuition is being paid pursuant to § 13-28-42.1; and
(c) Add 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 the school district's fall enrollment;
(2B) Repealed by SL 2010, ch 84, § 1;
(2C) "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 by multiplying 0.25 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) "Target teacher salary," for the school fiscal year 2017 beginning July 1, 2018 is $48,500
$49,131.96. 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 and four sixty-seven hundredths 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 calculated as follows:
(a) Divide the fall enrollment by the target teacher ratio factor;
(b) If applicable, divide Limited English proficiency (LEP) adjustment pursuant to
subdivision (2D) by the target teacher ratio factor;
(c) 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
(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) "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 3. § 13-37-16 be amended to read:
13-37-16. For taxes payable in 2018 2019, and each year thereafter, the school board shall levy
no more than one dollar and forty-six and one fifty-six and seven tenth 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 the levy shall be spread against all of the taxable property
of the district. The proceeds derived from such the 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 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 4. 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 2018 2019 and thereafter using a
special education levy of one dollar and twenty-six and one thirty-six and seven tenth
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, 2016 2018, is $5,456 $5,527.09. 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,
2016 2018, is
$12,592 $12,756.08. 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, 2016 2018, is $16,049 $16,258.12. 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, 2016 2018, is $15,564 $15,766.80. 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, 2016 2018, is $27,799 $28,161.22. 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, 2016 2018, is $8,007 $8,111.33. 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 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 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
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 0.1 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 $1.261 $1.367. The maximum effort factor is 1.0.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\093.wpd
CHAPTER 93
(HB 1165)
Pilot charter school for Native American students,
authority repealed.
ENTITLED, An Act to repeal certain provisions providing for a pilot charter school for Native
American students if the state had received a federal grant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-15A-1 be repealed.
Section 2. That §§ 13-15A-2 to 13-15A-10, inclusive, be repealed.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\094.wpd
CHAPTER 94
(HB 1297)
Revised capital outlay obligations.
ENTITLED, An Act to revise certain provisions regarding capital outlay obligations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-16-7 be amended to read:
13-16-7. The school board of any school district of this state may at its the board's 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 the district's 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 the 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.
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 from the taxes payable in 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 the district 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 the school district. Any school district
created or reorganized after January 1, 2016, is exempt from the limitation provided by this section
for a period of two years immediately following
its the district's creation.
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 2. That the code be amended by adding a NEW SECTION to read:
Starting with taxes payable in 2021, a school district is limited to the maximum taxes allowed
pursuant to § 13-16-7 or two thousand eight hundred dollars for each enrolled student as determined
in the fall enrollment count set forth in § 13-13-10.1 for the prior school year, 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.
If a school district 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 arrangements with the Health and
Educational Facilities Authority prior to July 1, 2016, that school district may raise taxes allowed
pursuant to this Act in an amount necessary to fund those payments and obligations and to provide
additional funding of up to two thousand eight hundred dollars for each enrolled student as
determined in the fall enrollment count set forth in § 13-13-10.1. In no year may the annual tax levy
provided in this section exceed the levy authorized under § 13-16-7.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\095.wpd
CHAPTER 95
(SB 83)
Patriotic societies to have access to public schools.
ENTITLED, An Act to authorize certain patriotic societies access to public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-24 be amended by adding a NEW SECTION to read:
Representatives of a patriotic society shall be allowed to speak to students during regular school
hours at each public school in the state during the first quarter of each academic school year. The
patriotic society shall provide the school principal with verbal or written notice of the patriotic
society's intent to speak to the students to inform the students about the civic involvement of the
society, and to explain how students may participate in or join the patriotic society. A school
principal has discretion over the time, place, and manner when representatives of a patriotic society
are allowed to speak to students. A school principal may limit the opportunity to speak to students
to the first quarter of the academic year.
For purposes of this section the term, patriotic society, means organizations listed in title 36 of
the United States Code, as of July 1, 2018.
Signed March 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\096.wpd
CHAPTER 96
(HB 1099)
Dual education credit.
ENTITLED, An Act to revise certain provisions regarding dual education credit.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-37 be amended to read:
13-28-37. Any student in grades nine, ten, eleven, or twelve may apply to an institution of higher
education or a postsecondary technical institute as a special student in a course or courses offered
at the institution of higher education or postsecondary technical institute. The institution of higher
education or postsecondary technical institute shall set admission standards and tuition rates. The
student shall obtain the school district's approval of the postsecondary course or courses prior to
enrolling. If, however, the student is enrolled in a nonpublic school or a tribal school, the student
shall obtain approval of the postsecondary course or courses from the nonpublic school or the tribal
school prior to enrolling, and if the student is receiving alternative instruction pursuant to § 13-27-3,
the student shall obtain approval of the postsecondary course or courses prior to enrolling from the
provider of the alternative instruction. If approved, the student shall receive full credit toward high
school graduation as well as postsecondary credit for each postsecondary course. The school district
or the state may pay all or part of the tuition and fees for a course approved for credit toward high
school graduation in accordance with this section. The student is responsible for any tuition and fees
not paid by the school district or the state and for any other costs involved with attending a
postsecondary institution. The school district shall record each course under this section on the
student's transcript and shall use each course score to calculate academic standing.
If a failing final course grade is received in a postsecondary course under this section, the student
receiving the failure is no longer eligible to enroll for postsecondary courses under this section absent
a showing of good cause.
Section 2. That chapter 13-28 be amended by adding a NEW SECTION to read:
A state subsidized high school dual credit program shall be established for any student in grades
eleven or twelve. The public institution of higher education or postsecondary technical institute
offering the credit shall set the admission standards. A participating institution shall regularly submit
course availability, enrollment, and completion data to the Department of Education.
The Board of Regents shall set a high school dual credit tuition rate equivalent to forty-three
percent of the undergraduate off-campus tuition rate. The student taking the course shall pay an
amount equal to thirty-three and three tenths percent of the total high school dual credit tuition rate
and a school district may pay any portion of the student's share. The state shall pay an amount equal
to sixty-six and seven tenths percent of the total high school dual credit tuition rate. No public
institution of higher education or postsecondary technical institute offering the credit may require
any additional fees.
The student is responsible for any other costs involved with attending a postsecondary institution.
For the purposes of this section, the term, undergraduate off-campus tuition rate, means the
per-credit rate, as set by the Board of Regents, that was in effect on January first of the previous
fiscal year.
Signed February 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\097.wpd
CHAPTER 97
(HB 1114)
Students enrolling in school districts
after participating in open enrollment.
ENTITLED, An Act to establish certain requirements for students enrolling in resident school
districts or assigned schools after participating in open enrollment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-43 be amended to read:
13-28-43. A student's parent or legal guardian who wishes to enroll the student, or an
emancipated student who wishes to enroll, under the provisions of §§ 13-28-40 to 13-28-47,
inclusive, in a South Dakota school district other than the resident district or in a school within the
resident district other than the school to which the student has been assigned shall apply on forms
provided by the Department of Education.
The school board or the board's designee of the district in which the student desires to enroll shall
approve or disapprove the application and shall notify the applicant and the resident board, if
applicable, of its decision within five days of the decision. The district in which the student desires
to enroll shall review the applications in the order received. However, if the applicant is a sibling of
a student accepted into and currently enrolled in the district pursuant to §§ 13-28-40 to 13-28-47,
inclusive, that student's application shall take priority over all other applications the district has
received consistent with § 13-28-44.
Transfers to a school district other than the resident school district under the provisions of §§ 13-28-40 to 13-28-47, inclusive, may only take place prior to the last Friday in September during the
first semester of any school year, and prior to the last Friday in January during the second semester
of any school year. If a school district approves an application for such a transfer after the deadline
in the first semester, the transfer will occur at the start of the second semester. If a school district
approves an application for such a transfer after the deadline in the second semester, the transfer will
occur at the start of the following school year. However, the deadlines for transfer do not apply if:
(1) A student is seeking to transfer to an alternative school or a specialized nonpublic
educational program;
(2) A student enrolls in a school district after the deadline in either semester; or
(3) The receiving school district school board or the board's designee determines that special
circumstances exist and allows a student to transfer after the deadline.
Intradistrict transfer applications may be accepted and acted upon at any time at the board's
discretion if the policies on which the transfer decisions are based are consistent with the other
requirements of §§ 13-28-40 to 13-28-47, inclusive.
An application may be withdrawn by the applicant prior to the approval of the request and upon
notification of the district to which the student applied. Once approved by the district in which the
student wishes to enroll, the approved application serves as the applicant's notice of intent to enroll
in the nonresident district or desired school during the school year and obligates the student to attend
school in the nonresident district or desired school during the school year, unless, as provided in
section 2 of this Act, the affected school board or boards agree in writing to allow the student to
transfer back to the resident district or assigned school, or unless the parents, guardians, or
emancipated student change residence to another district.
Once enrolled in a nonresident district or nonassigned school, the student may remain enrolled
and is not required to resubmit annual applications.
Section 2. That chapter 13-28 be amended by adding a NEW SECTION to read:
If, after the conclusion of a school year, a student enrolled under the provisions of §§ 13-28-40
to 13-28-47, inclusive, wishes to return to the student's resident school district or assigned school,
the student's parent or legal guardian shall, or if the student is emancipated, the student shall notify
the affected school board or boards of the student's intent to return to the resident school district or
previously assigned school on forms provided by the Department of Education. The student's parent
or legal guardian shall, or if the student is emancipated, the student shall notify the affected school
board or boards of the student's intent to re-enroll in the resident school district or previously
assigned school no later than August first. However, if the affected school board or boards determine
that special circumstances exist, a student may be allowed to transfer to the student's resident school
district or assigned school after the deadline.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\098.wpd
CHAPTER 98
(HB 1271)
The carrying of guns on certain premises.
ENTITLED, An Act to revise certain provisions regarding the carrying of certain guns on certain
premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-32-7 be amended to read:
13-32-7. Any person, other than a law enforcement officer or school sentinel acting pursuant to
under § 13-64-1, who intentionally carries, has in his possession possesses, stores, keeps, leaves,
places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun,
whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for
imitative or noisemaking purposes, or any dangerous weapon, on or in any public elementary or
secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used
or leased for public elementary or secondary school functions, whether or not any person is
endangered by such actions any action under this section, is guilty of a Class 1 misdemeanor. This
The provisions of this section does do not apply to starting guns while in use:
(1) Use of a starting gun at an athletic events, firearms, or air guns at firing ranges, gun
shows, and supervised schools or sessions for training in the use of firearms. This section
does not apply to the ceremonial event:
(2) Any firearm or air gun at a:
(a) Firing range;
(b) Gun show;
(c) Supervised school or session for training in the use of firearms; or
(d) Ceremonial presence of unloaded weapons at color guard ceremonies;
(3) Any nonpublic school;
(4) Any church or other house of worship; or
(5) Any nonpublic school located on the premises of a church or other house of worship.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\099.wpd
CHAPTER 99
(SB 46)
School district policy limiting the use of restraint and seclusion.
ENTITLED, An Act to require school districts to adopt a policy limiting the use of restraint and
seclusion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-32 be amended by adding a NEW SECTION to read:
The school board of each school district shall adopt or revise a school district policy for school
district employees on the use of restraint and seclusion. The policy shall contain the following
provisions:
(1) A procedure for notifying the parent or guardian of the student, unless the student is
emancipated, of an incident requiring the use of restraint or seclusion;
(2) A prohibition on the use of prone restraint, defined as physical pressure applied to any
part of the student's body to keep the student in a face down position on the floor or other
surface, except when the use is necessary and reasonable in manner and moderate in
degree; and
(3) A prohibition on the use of involuntary confinement of a student locked alone in a room,
unless there is a clear and present danger.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\100.wpd
CHAPTER 100
(HB 1155)
Language development of deaf and hard-of-hearing students.
ENTITLED, An Act to create provisions regarding the language development of deaf and hard-of-hearing students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-33B be amended by adding a NEW SECTION to read:
Terms used in this Act, mean:
(1) "ASL," American sign language;
(2) "Department," the Department of Education;
(3) "English," spoken English, written English, or English with the use of visual supplements;
(4) "IEP," individualized education program as used in §13-33B-2;
(5) "IFSP," individualized family service plan as used in 20 USC §1436;
(6) "Language developmental milestones," milestones of development aligned with existing
state instruments used to meet the federal requirements for the assessment of children
from birth to age five, inclusive.
Section 2. That chapter 13-33B be amended by adding a NEW SECTION to read:
The department shall incorporate language developmental milestones set, pursuant to the process
specified in section 5 of this Act, for the purpose of developing a resource for parents to monitor and
track deaf and hard-of-hearing children's expressive and receptive language acquisition and
developmental stages toward English literacy. The parent resource shall:
(1) Include language and developmental milestones selected pursuant to section 5 of this Act;
(2) Be appropriate for use, in both content and administration, with deaf and hard-of-hearing
children from birth to five years of age, inclusive, who use English or ASL, or both;
(3) Present developmental milestones in terms of typical development of all children, by age
range;
(4) Written in a way parents can use clearly and easily;
(5) Align to the state's early learning guidelines and state standards in English language arts;
(6) Make clear that the parent resource is not a formal assessment of language and literacy
development and that a parent's observations of the parent's children may differ from the
formal assessment data presented at an IFSP or IEP meeting; and
(7) Make clear the parent may bring the parent resource to an IFSP or IEP meeting for the
purpose of sharing the parent's observations about the child's development.
Section 3. That chapter 13-33B be amended by adding a NEW SECTION to read:
The advisory committee established pursuant to section 6 of this Act shall recommend tools or
assessments to assess the language and literacy development of deaf and hard-of-hearing children.
The tools or assessments shall be:
(1) In a format that shows the stages of language development;
(2) Selected for use by educators to track the development of deaf and hard-of-hearing
children's expressive and receptive language acquisition and developmental stages toward
English literacy;
(3) Selected from existing tools or assessments used to assess the development of all children
from birth to five years of age; and
(4) Appropriate, in both content and administration, for use with deaf and hard-of-hearing
children.
The tools or assessments may be used by the child's IFSP or IEP team to track the deaf or hard-of-hearing child's progress and to establish or modify IFSP or IEP.
Section 4. That chapter 13-33B be amended by adding a NEW SECTION to read:
The department shall disseminate the parent resource developed pursuant to section 2 of this Act
to parents and guardians of deaf and hard-of-hearing children. If a deaf or hard-of-hearing child does
not demonstrate progress in expressive and receptive language skills the child's IFSP or IEP team
shall recommend specific strategies, services, and programs to assist the child's success toward
English literacy.
Section 5. That chapter 13-33B be amended by adding a NEW SECTION to read:
Before March 1, 2019, the department shall provide the advisory committee established pursuant
to section 6 of this Act with a list of existing language developmental milestones from existing
standardized norms, along with any relevant information held by the department regarding those
language developmental milestones for possible inclusion in the development of a parent resource
pursuant to section 2 of this Act. The language developmental milestones shall align to the state's
early learning guidelines, and the state standards in English language arts. Before June 1, 2019, the
advisory committee shall set language developmental milestones for inclusion in the parent resource
created pursuant to section 2 of this Act.
Section 6. That chapter 13-33B be amended by adding a NEW SECTION to read:
The superintendent of the State School for the Deaf shall establish an advisory committee for
purposes of soliciting input from experts on the selection of language developmental milestones for
children who are deaf or hard-of-hearing that are equivalent to experts for children who are not deaf
or hard-of-hearing, for inclusion in the parent resource pursuant to sections 2 and 4 of this Act. The
advisory committee may also make recommendations on the selection and administration of the
educator tools or assessments selected pursuant to section 3 of this Act. The advisory committee
shall consist of at least nine but no more than fifteen volunteers, at least four of whom shall be deaf
or hard-of-hearing, and all of whom shall practice within the fields of education or services for the
deaf and hard-of-hearing. The advisory committee shall include:
(1) A parent of a child who is deaf or hard-of-hearing who uses both ASL and English;
(2) A parent of a child who is deaf or hard-of-hearing who uses only spoken English, with or
without visual supplements;
(3) A parent of a child who is Deaf-Plus;
(4) A representative from the State School for the Deaf outreach who is fluent in both ASL
and English;
(5) A representative from the Department of Education; and
(6) At least four members which may be any of the following:
(a) An expert who researches language outcomes for deaf and hard-of-hearing children
using ASL and English;
(b) A credentialed teacher of deaf and hard-of-hearing students with expertise in
curriculum and instruction in ASL and English;
(c) A credentialed teacher of deaf and hard-of-hearing students with expertise in
curriculum and instruction in spoken English, with or without visual supplements;
(d) An advocate from a South Dakota association that represents the deaf who
advocates for teaching using both ASL and English;
(e) An early intervention specialist who works with deaf and hard-of-hearing infants
and toddlers using both ASL and English;
(f) A credentialed teacher of deaf and hard-of-hearing students with expertise in ASL
and English language assessments;
(g) A representative from a parent training information center in South Dakota;
(h) A representative from an organization that provides communication services for
the deaf;
(i) A psychologist with expertise in assessing deaf and hard-of-hearing children who
is fluent in ASL and English;
(j) A speech language pathologist; or
(k) A pediatric audiologist.
The advisory committee may also advise the department on the content and administration of the
instruments used to assess deaf and hard-of-hearing children's language and literacy development
to ensure the appropriate use of the instruments with deaf or hard-of-hearing children. The
committee may make recommendations regarding future research to improve the measurement of
progress of deaf and hard-of-hearing children in language and literacy.
Section 7. That chapter 13-33B be amended by adding a NEW SECTION to read:
Before August 1, 2020, the department shall establish reporting criteria, using existing data
reported in compliance with the federally required state performance plan on students with
disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children
from birth to five years of age, inclusive.
Section 8. That chapter 13-33B be amended by adding a NEW SECTION to read:
The implementation of this Act shall be consistent with federal law regarding the education of
children with disabilities and the privacy of student information. This Act only applies to children
from birth to five years of age.
Signed March 9, 2018
_______________
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CHAPTER 101
(SB 148)
List of organizations that may approve
and accredit a nonpublic school.
ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic
school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-36-4 be amended to read:
13-36-4. The school board of a public school, approved and accredited by the secretary of the
Department of Education, may delegate, on a year to year basis, the control, supervision, and
regulation of any high school interscholastic activities to any association which is voluntary and
nonprofit if:
(1) Membership in such the association is open to all high schools approved and accredited
pursuant to this section, including any school that allows participation by students
receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions of this
title;
(2) The constitution, bylaws, and rules of the association are subject to ratification by the
school boards of the member public school districts and the governing boards of the
member nonpublic schools and include a provision for a proper review procedure and
review board;
(3) The report of any audit required by § 13-26-5 is made public on the association's website
as well as the Department of Legislative Audit's website;
(4) The association complies with the provisions of chapter 1-25 and chapter 1-27. However,
any such the association, and its employees, meetings, and records, are afforded the same
exemptions and protections as a political subdivision or public body is provided under
chapter 1-25 and chapter 1-27; and
(5) The association shall report to the Government Operations and Audit Committee
annually, or at the call of the chair.
The governing body of a nonpublic school, approved and accredited by the secretary of the
Department of Education, or
the North Central Association Commission on Accreditation and
School Improvement (NCA CASI) AdvancED, or the Association of Christian Schools International
(ACSI), or the Association of Classical and Christian Schools (ACCS), or Christian Schools
International (CSI), or National Lutheran School Accreditation (NLSA),
or Commission for Oceti
Sakowin Accreditation (COSA), or Wisconsin Evangelical Lutheran Synod School Accreditation,
may also delegate, on a year to year basis, the control, supervision, and regulation of any high school
interscholastic activities to any association which is voluntary and nonprofit if membership in such
association is open to all high schools approved and accredited pursuant to this section, including
any school that allows participation by students receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions of this title, and if the constitution, bylaws, and rules of the
association are subject to ratification by the school boards of the member public school districts and
the governing boards of the member nonpublic schools and include a provision for a proper review
procedure and review board.
Any association which complies with this section may exercise the control, supervision, and
regulation of interscholastic activities, including interscholastic athletic events of member schools.
Such The association may promulgate reasonable uniform rules, to make decisions and to provide
and enforce reasonable penalties for the violation of
such the rules.
Signed March 9, 2018
_______________
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CHAPTER 102
(SB 19)
Lease-purchase agreements for a local education agency, limited.
ENTITLED, An Act to revise certain provisions regarding lease-purchase agreements for a local
education agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-39A-25 be amended to read:
13-39A-25. A lease-purchase agreement authorized pursuant to § 13-39A-24:
(1) May be for a term of no more than thirty years;
(2) Shall be approved by the governing body of the LEA;
(3)(2) May provide for the simultaneous conveyance of existing facilities to be leased back with
the improvements and other property being financed;
(4)(3) May provide for all rights, title, and interest of the authority to be conveyed to the LEA
or to the board upon payment or other discharge of the bonds issued therefor; and
(5)(4) May contain any other provision the authority and the board determine is necessary or
appropriate to secure payment of amounts due under any agreement. No other provision
of law may limit or otherwise restrict the power and authority of an LEA or the board to
enter into a lease-purchase agreement or govern the procedure by which an agreement is
authorized.
Signed March 8, 2018
_______________
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CHAPTER 103
(HB 1016)
Secretary of State's authorization
to provide postsecondary education, required.
ENTITLED, An Act to revise certain provisions regarding the authorization to provide
postsecondary education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-48-37 be amended to read:
13-48-37. The secretary shall issue a certificate of authorization to provide postsecondary
education to any postsecondary institution named in § 13-48-36. The secretary also may issue a
certificate of authorization to provide postsecondary education to any other postsecondary institution
to provide educational education programs at physical locations in this state if the to any
postsecondary institution that:
(1) Is established as an instrumentality of this state or another state, or is legally established
to operate as a private business entity or nonprofit corporation in accordance with
applicable state law is duly organized and existing as a corporation or other entity under
the laws of this state, or is qualified to conduct business as a foreign entity in this state;
and
(2) Is accredited or is operating under an affiliation agreement whose terms make an
accredited postsecondary institution responsible for awarding academic credit and
educational credentials to its students and maintaining transcripts for such students; and
(3) Has filed with the secretary an application for certificate of authorization, on a form
prescribed by the secretary, and paid an initial nonrefundable application fee of five
hundred dollars.
Section 2. That § 13-48-38 be amended to read:
13-48-38. Authorization to provide educational programs at physical locations in this state, once
granted by the secretary, is continuous so Any certificate of authorization issued to a postsecondary
institution named in § 13-48-36 remains in effect as long as the postsecondary institution continues
to meet the requirements set forth in § in subdivisions 13-48-37(1) and (2) and has not been ordered
to cease operations in the state pursuant to § 13-48-40.
Section 3. That chapter 13-48 be amended by adding a NEW SECTION to read:
Except as provided in section § 13-48-38, each certificate of authorization expires on the first
day of July following the date of issue. The secretary shall annually renew the certificate of any
postsecondary institution that:
(1) Continues to meet the requirements in subdivisions 13-48-37(1) and (2);
(2) Has not been ordered to cease operations in the state pursuant to § 13-48-40; and
(3) Has filed with the secretary on or before the first day of July of each year an application
for renewal, on a form prescribed by the secretary, and paid a renewal fee of two hundred
fifty dollars.
Section 4. That chapter 13-48 be amended by adding a NEW SECTION to read:
The secretary may reinstate an expired certificate of authorization if the postsecondary
institution:
(1) Continues to meet the requirements of subdivisions 13-48-37(1) and (2);
(2) Has not been ordered to cease its operations in the state pursuant to § 13-48-40; and
(3) Has filed with the secretary an application for reinstatement, on a form prescribed by the
secretary, and paid a nonrefundable reinstatement fee of two hundred fifty dollars.
Section 5. That § 13-48-36 be amended to read:
13-48-36. To ensure that postsecondary institutions legally operating in this state as of this date
and participating in the federal student financial assistance programs may comply with the state
authorization regulations promulgated by the United States Department of Education on October 29,
2010, codified at 34 C.F.R. Section 600.9 and effective as of July 1, 2011, the following
postsecondary institutions are acknowledged by the Legislature as being authorized to provide
educational programs at physical locations in this state, subject to the provisions of § 13-48-38:
(1) Augustana College University;
(2) Avera McKennan Hospital School of Radiologic Technology;
(3) Avera Sacred Heart Hospital School of Radiologic Technology;
(4) Bellevue University;
(5) Black Hills Beauty College;
(6) Black Hills State University;
(5) Colorado Technical University;
(6)(7) Dakota State University;
(7)(8) Dakota Wesleyan University;
(9) ELS Educational Services, Inc. (d/b/a ELS Language Centers);
(8) Globe University;
(10) Headlines Academy;
(11) Hot Rod Institute;
(12) John Witherspoon College;
(9) Kilian Community College;
(10)(13) Lake Area Technical Institute;
(11)(14) Mitchell Technical Institute;
(12)(15) Mount Marty College;
(13)(16) National American University;
(14)(17) Northern State University;
(15)(18) Presentation College;
(16)(19) Sanford Medical Center;
(17)(20) Sioux Falls Seminary;
(18)(21) South Dakota School of Mines and Technology;
(19)(22) South Dakota State University;
(20)(23) Southeast Technical Institute;
(24) Southwest Minnesota State University;
(25) Stewart School;
(21)(26) University of Sioux Falls;
(22)(27) University of South Dakota; and
(23)(28) Western Dakota Technical Institute.
Signed March 21, 2018
_______________
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CHAPTER 104
(SB 80)
Term limits for members of the Board of Regents.
ENTITLED, An Act to establish term limits for members of the Board of Regents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-49-3 be amended to read:
13-49-3. Each regent, except the student regent, shall be appointed for a term of six years. The
term shall expire on the last day of March or when a successor is appointed and qualified, unless
removed as provided in § 3-17-1. No regent appointed after July 1, 2018, and without any previous
service on the board, may serve more than two consecutive terms. However, after serving two
consecutive terms, a regent may be reappointed after at least two years have passed since the
expiration of the regent's last term. Any partial term to fill a vacancy on the board may not count
against the two-term limit.
Signed March 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\105.wpd
CHAPTER 105
(HB 1063)
The Sioux Falls research park description changed.
ENTITLED, An Act to revise certain provisions regarding the Sioux Falls research park.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-51-1.5 be amended to read:
13-51-1.5. The Board of Regents may provide for the construction, development, maintenance,
and operation of a research park on the property in Sioux Falls acquired pursuant to chapter 106 of
the 2006 Session Laws. The research park authorized by this section may not occupy more than
eighty acres. All limitations imposed by § 13-51-1.3 upon the use of University Center land shall
continue in full force and effect with the exception of the separately platted tracts occupied by the
research park authorized by this section. Such separately platted tracts shall, instead, be subject to
the limitations on the use of research parks stated in this section.
Signed February 14, 2018
_______________
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CHAPTER 106
(HB 1058)
The employment of the superintendent of School for the Deaf
and the School for the Blind and the Visually Impaired.
ENTITLED, An Act to revise certain provisions regarding the employment of the superintendent of
the State School for the Deaf and the South Dakota School for the Blind and the Visually
Impaired.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-62-2 be amended to read:
13-62-2. It shall be the duty of the The Board of Regents to shall employ a superintendent who
shall be trained in the education of the deaf and skilled in the use of the sign language and capable
and efficient in the instruction, management, and care of the deaf and hard of hearing and such
instructors and staff as may be necessary for the State School for the Deaf. The superintendent and
the instructional staff shall have professional knowledge concerning the educational needs of
students with sensory disabilities. The superintendent shall work towards increasing knowledge and
skill in the use of American sign language, to the extent feasible. The board may hire one person to
serve as the superintendent of both the South Dakota School for the Blind and the Visually Impaired
and the State School for the Deaf. The person shall receive a single salary.
Section 2. That § 13-61-3 be amended to read:
13-61-3. The Board of Regents shall make rules for the government of the South Dakota School
for the Blind and the Visually Impaired, consistent with the laws of this state, and in compliance with
chapter 1-26, and to employ a superintendent and such instructors and staff as may be necessary. The
superintendent and the instructional staff shall have professional knowledge concerning the
educational needs of students with sensory disabilities. The board may hire one person to serve as
the superintendent of both the South Dakota School for the Blind and the Visually Impaired and the
State School for the Deaf. The person shall receive a single salary.
Signed March 23, 2018
_______________
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CHAPTER 107
(SB 117)
The partners in education tax credit program.
ENTITLED, An Act to revise certain provisions regarding the partners in education tax credit
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-65-1 be amended to read:
13-65-1. Terms, as used in this chapter, 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 equivalent, 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
chapter;
(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 § 13-65-4 be amended to read:
13-65-4. 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 June first of each year the following information,
prepared by a certified public accountant regarding its contributions in the previous
calendar year and the scholarship awards in the current fiscal 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 § 13-65-2 is not subject
to subdivisions (5) to (7), inclusive, of this section.
Signed March 8, 2018
_______________
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CHAPTER 108
(HB 1221)
The partners in education tax credit program
to include tribally controlled schools.
ENTITLED, An Act to expand the partners in education tax credit program to include tribally
controlled schools on a federally recognized Indian reservation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (7) of § 13-65-1 be amended to read:
(7) "Qualifying school," any nonpublic school that operates within the boundaries of South
Dakota or any tribally controlled school on a federally recognized Indian reservation 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 term excludes any school that receives a
majority of its revenues from public funds;
Signed March 22, 2018
_______________
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CHAPTER 109
(SB 48)
Appropriation to the Board of Regents
to purchase agricultural land in Meade County.
ENTITLED, An Act to authorize the Board of Regents to purchase improved agricultural real
property in Meade County, to make an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may purchase on behalf of South Dakota State University a site
comprising 111.658 acres, more or less, of improved agricultural real property, which site is
described as:
The South Half of the Northwest Quarter and the Southwest Quarter of the Northeast
Quarter, less right-of-way, of Section 3, Township 5 North, Range 6 East of the Black
Hills Meridian, Meade County South Dakota.
Section 2. There is hereby appropriated the sum of nine hundred two thousand four hundred
sixty-one dollars ($902,461), or so much thereof as may be necessary, in other fund expenditure
authority from proceeds from the research park payout received in FY2017 and fees for services to
the Board of Regents for the purposes authorized in section 1 of this Act.
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. 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 8, 2018
_______________
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CHAPTER 110
(SB 52)
Appropriation to the Board of Regents
to demolish a building at South Dakota State University.
ENTITLED, An Act to authorize the Board of Regents to demolish a South Dakota State University
building and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may demolish, remove, and dispose of a structure known as
SDSU Building 0870, the Swine Research Building, consisting of six thousand nine hundred sixty
square feet at South Dakota State University. This project includes demolition, abatement of asbestos
or other such hazardous materials, the lawful disposal of the fixtures or rubble, and any other action
reasonably necessary to restore the site to grade.
Section 2. There is hereby appropriated the sum of seventeen thousand dollars ($17,000), or so
much thereof as may be necessary, in other fund expenditure authority from agricultural experiment
station maintenance and repair funds to the Board of Regents for the purposes authorized in section
1 of this Act.
Section 3. The executive director of the Board of Regents shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
Section 4. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Signed February 8, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\111.wpd
CHAPTER 111
(HB 1064)
Options for the disposition or use of certain real estate
located in Minnehaha County.
ENTITLED, An Act to expand the options for the beneficial disposition or use of certain real estate
located in Minnehaha County, to make certain appropriations, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 1 of chapter 51 of the 2017 Session Laws be amended to read:
[Section 1.] Notwithstanding any other provision of law, upon the request of the Board of
Regents and the Governor, the commissioner of school and public lands shall sell, exchange, or lease
for commercial purposes all or any portion of the following real estate and any related personal
property and improvements located on the property:
(1) All unplatted land located in the South Half of Section 15, Township 101 North, Range
49 West of the 5th Principal Meridian, Minnehaha County, South Dakota under the
control of the Board of Regents, consisting of 14.35 acres, more or less.
Section 2. That section 2 of chapter 51 of the 2017 Session Laws be amended to read:
[Section 2.] Any 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, exchanged,
or leased for commercial purposes as provided in this Act as though the property and improvements
were specifically described in section 1 of this Act.
Section 3. That section 3 of chapter 51 of the 2017 Session Laws be amended to read:
[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. Any unplatted land, fixtures and appurtenances located in the Southwest ¼ of Section 15,
Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South
Dakota under the control of the Board of Regents may be sold pursuant to this Act in any manner
described in chapter 5-9. Any unplatted land, fixtures and appurtenances located in the Southeast ¼
of Section 15 may be sold pursuant to this Act for cash or on terms allowed under § 5-9-10. Property
located in the Southeast ¼ of Section 15 may be offered for sale either at public auction, through
sealed bids or, at the option of the Board of Regents, pursuant to section 4 of this Act, through
competitive sealed proposals. Any exchange of property described in section 1 of this Act shall be
made pursuant to § 5-3-7, provided that any cash received to meet the full appraised value
requirement is deposited in accordance with section 4 of chapter 51 of the 2017 Session Laws as
amended by section 5 of this Act. However, notwithstanding the requirements of § 5-3-7, the value
of the exchanged property may be less than seventy-five percent of the value of the property
described in section 1 if the Board of Regents certifies that the exchanged property meets all
operating requirements of the School for the Deaf. Any of the property described in section 1 of this
Act may be offered for commercial lease at public auction or through sealed bids. Any sale,
exchange, or lease for commercial purposes may be made, on the terms and conditions as the
Governor, at the request of the Board of Regents, may require, subject to all applicable constitutional
reservations.
Section 4. The Board of Regents may sell lands lying in the Southeast ¼ of Section 15, Township
101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South Dakota pursuant
to a competitive sealed proposal issued and negotiated as follows:
(1) The board may issue a public request for proposals to use or to develop lands lying in the
Southeast ¼ of Section 15 for purposes that, as determined by the board, complement the
operation of the School for the Deaf on adjoining grounds;
(2) The request for proposals shall state the necessity of offering a price equal to or exceeding
the appraised value of the property as determined pursuant to chapter 51 of the 2017
Session Laws and shall state the relative importance of evaluation criteria to be used in
the ranking of proposals. The board shall include the following evaluation criteria in any
request for proposals:
(a) Record of past performance, including quality of work, ability to secure all
necessary permits and authorizations, meet schedules, control costs and administer
contracts, and evidence that use or occupancy of past projects was consistent with
projections;
(b) Resources, including proposer's capital and financing sources, available to perform
the work within the projected time limits for realizing the proposed use or
development project;
(c) Experience, structure, and leadership of the proposing team, and technical
competence as demonstrated by the proposed approach and methodology for
achieving the use or development objectives within projected time limits; and
(d) Familiarity with the project locale and aesthetic potential and appeal of the
proposed use or development and the complementary nature, as determined by the
board, of the proposed project with the School for the Deaf and neighboring
properties;
(3) Public notice of a request for proposals shall be given by the publication once each week
for at least four consecutive weeks in the official newspapers of Minnehaha County;
(4) Each proposal shall be opened so as to avoid disclosure of contents to competing
proposers during the process of negotiation. A register of proposals shall be prepared
documenting the name and address of each proposer and identifying each proposer
awarded a contract. The register shall be open for public inspection after proposal
acceptance;
(5) As provided in the request for proposals, a discussion may be conducted with any
responsible proposer for the purpose of clarification to assure full understanding of, and
responsiveness to, the solicitation requirements. Each proposer shall be accorded fair and
equal treatment with respect to any opportunity for discussion and revision of a proposal.
A revision may be permitted after a submission and prior to an award for the purpose of
obtaining the best and final proposal. In conducting any discussion, there may be no
disclosure of any information derived from any proposal submitted by a competing
proposer; and
(6) An award shall be made to the responsible proposer whose proposal conforms to the
solicitation and is determined in writing to be the most advantageous to the board, taking
into consideration price and the evaluation factors set forth in the request for proposals.
Only factors or criteria included in the solicitation may be used in the evaluation. The
contract file shall contain the basis on which the award is made. Written notice of the
award of a contract to the successful proposer shall be promptly given to each proposer.
The board may reject any and all proposals and readvertise for proposals if none of the
proposals are satisfactory.
Section 5. That section 4 of chapter 51 of the 2017 Session Laws be amended to read:
[Section 4.] The proceeds from the sale of the real estate and other property described in section
1 of this Act any unplatted land, fixtures and appurtenances located in the Southwest ¼ of Section
15, Township 101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South
Dakota under the control of the Board of Regents shall be deposited into the permanent fund created
for the South Dakota School for the Deaf pursuant to S.D. Const., Art. VIII, § 7. The proceeds from
any unplatted land, fixtures and appurtenances located in the Southeast ¼ of Section 15, Township
101 North, Range 49 West of the 5th Principal Meridian, Minnehaha County, South Dakota under
the control of the Board of Regents, net of any costs associated with the preparation for sale and
subsequent sale of the real estate and other property described in section 1 of this Act, shall be
deposited into the real property acquisition and capital improvement fund for the South Dakota
School for the Deaf, as provided in §§ 5-2-2.1 to 5-2-2.3, inclusive.
Section 6. That chapter 51 of the 2017 Session Laws be amended by adding NEW SECTIONS
to read:
[Section 6.] The Board of Regents may undertake renovations to the facilities used or occupied
by the School for the Deaf as may be required to enhance the operations of the School for the Deaf,
including construction of new garage facilities for specialty vehicles used to provide mobile
audiology laboratory services. The board may also acquire and equip an additional mobile audiology
laboratory unit. Any moneys deposited into the real property acquisition and capital improvement
fund for the School for the Deaf pursuant to this Act are hereby appropriated to the Board of Regents
for such purposes.
[Section 7.] The Board of Regents may undertake renovations as may be required to adapt for
commercial leasing portions of the facilities not used by the School for the Deaf for its operations.
Any moneys remaining in the real property acquisition and capital improvement fund for the School
for the Deaf pursuant to this Act are hereby appropriated to the Board of Regents for such purposes.
Section 7. That § 5-2-2.1 be amended to read:
5-2-2.1. The Board of Regents may sell extraneous real property subject to the provisions of the
Constitution and approval of the Legislature.
The proceeds from a sale of
such land under the Board of Regents institutional endowment lands
shall be deposited as provided in chapter 5-3 and the proceeds of other extraneous real property, net
of any costs associated with the sale of the land, including in the case of a sale comprising both
endowment lands and other extraneous real property, costs allocable to the sale of endowment lands,
shall be deposited with the state treasurer and credited to a fund specifically designated as the real
property acquisition and capital improvement fund for each institution under the Board of Regents
involved in such transaction. The proceeds shall be invested by the State Investment Council in
accordance with chapter 4-5. Expenditures from the fund shall be approved by the Legislature.
Section 8. That § 5-2-2.3 be amended to read:
5-2-2.3. The Except for the proceeds from the sale of endowment lands, the net proceeds, and
accumulated interest from sale of land under the Board of Regents pursuant to § 5-2-2.1 shall be used
by the Board of Regents for acquisition of real and personal property or capital improvements subject
to the approval of the Legislature. For purposes of this section, the definition of capital improvement
contained in § 5-14-1 applies.
Section 9. That § 5-10-1 be amended to read:
5-10-1. The income from the leased lands of each class of school and public lands and the
interest on the permanent fund of that class shall be assigned by the state treasurer to a fund to be
known as the interest and income fund of such class. However, the income from any commercial
lease made by the commissioner of school and public lands pursuant to sections 1 to 3, inclusive,
of this Act shall be continuously appropriated to the endowed institution for use in maintaining the
property and supporting the operations of the endowed institution. The principal of money derived
from the sale of each class of lands granted to the state for educational and charitable purposes shall
be assigned by the state treasurer to a fund to be known as the permanent fund of such class.
Section 10. That chapter 13-62 be amended by adding a NEW SECTION to read:
The Board of Regents may lease for commercial purposes portions of School for the Deaf
buildings that are no longer regularly and actively used by the School for the Deaf in the conduct of
school's operations. The purposes, terms, and conditions of each lease shall be both economical and
consistent with the stewardship of public property. The board may permit a lessee to undertake
renovations on the following conditions:
(1) The construction is of comparable kind and quality as the original structure;
(2) The board has the right to prior review and approval of renovation designs and
specifications that may affect shared building structural systems and related equipment
and infrastructure;
(3) The lessee provides such as-built documentation as the board may require; and
(4) The lessee agrees title to the renovations shall vest with the board on behalf of the state.
The board shall establish lease rental rates consistent with the rates for commercial leases for
comparable properties in Sioux Falls and Minnehaha County. The board may offer the leases to the
public in any commercially reasonable manner. Lease income received through the leases by the
board pursuant to this section shall be continuously appropriated to the School for the Deaf for use
in maintaining the property and supporting the operations of the School for the Deaf.
Section 11. 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 12. 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 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\112.wpd
CHAPTER 112
(HB 1057)
Appropriation and authorization to the Board of Regents
for construction and demolition at Dakota State University.
ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the
Madison Cyber Labs (MadLabs) and the demolition of Lowry Hall at Dakota State University,
to make an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents is hereby authorized to contract for the planning, site
preparation, construction, furnishing, and equipping of the Madison Cyber Labs (MadLabs) at
Dakota State University, together with furnishings and equipment, including heating, air
conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping,
architectural and engineering services, asbestos abatement, and such other services or actions as may
be required to accomplish the project, for an estimated cost of eighteen million five hundred
ninety-six dollars, subject to permitted adjustments pursuant to section 3 of this Act.
Section 2. There is hereby appropriated the sum of eighteen million five hundred ninety-six
dollars ($18,000,596), or so much thereof as may be necessary, in other fund expenditure authority
from gifts donated for the purposes of this Act, together with any additional sums received pursuant
to section 4 of this Act, and permitted adjustments pursuant to section 3 of this Act, to the Board of
Regents for the purposes authorized in this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 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 and additional expenditures required to comply
with regulations adopted after the effective date of this Act, or additional sums received pursuant to
section 4 of this Act. However, any adjustments to construction cost estimates for the project
authorized in section 1 of this Act may not exceed one hundred twenty-five percent of the estimated
project construction cost stated in section 1 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the
projects authorized in section 1 of this Act from federal sources, donations, or any other external
sources, all of which comprise a special fund for the benefitted project. All moneys deposited into
that fund are hereby appropriated to the projects authorized by section 1 of this Act, subject to the
limitations stated in sections 1 to 3, inclusive, of this Act.
Section 5. As part of the site preparation authorized in section 1 of this Act, the Board of Regents
may demolish, remove, and dispose of the structure known as Lowry Hall, consisting of
approximately eleven thousand seven hundred twenty-three square feet, at Dakota State University.
This project includes demolition, abatement of asbestos or other such hazardous materials, lawful
disposal of the fixtures or rubble, and any other action reasonably necessary to prepare the lot for the
construction of the MadLabs authorized in section 1 of this Act.
Section 6. The administration of the design and construction of the project authorized in section
1 of this Act shall be under the general charge and supervision of the Bureau of Administration as
provided in chapter 5-14.
Section 7. 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 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 January 30, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\113.wpd
CHAPTER 113
(SB 49)
Appropriation to the Board of Regents
to purchase agricultural land in Brookings County.
ENTITLED, An Act to authorize the Board of Regents to purchase unimproved agricultural real
property in Brookings County, to make an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may purchase on behalf of South Dakota State University a site
comprising 73.11 acres, more or less, of unimproved agricultural real property, which site is
described as:
The West Half of the Southeast Quarter of Section 4, Township 110 North, Range 50
West, in Brookings County South Dakota, EXCLUDING therefrom the West 484' of the
East 2148' of the South 620'.
Section 2. There is hereby appropriated the sum of six hundred sixty-five thousand dollars
($665,000), or so much thereof as may be necessary, in other fund expenditure authority from
proceeds from the research park payout received in FY2017 to the Board of Regents for the purposes
authorized in this Act.
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. 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 14, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\114.wpd
CHAPTER 114
(HB 1060)
An appropriation to the South Dakota Building Authority
and the Board of Regents to renovate the Dakota Dome.
ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to
finance, design, and renovate the Dakota Dome at the University of South Dakota and to make
an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. It is in the public interest that the South Dakota Building Authority contract for the
design and renovation of the Dakota Dome at the University of South Dakota, together with
furnishings and equipment, including heating, air conditioning, plumbing, water, sewer, electric
facilities, sidewalks, parking, landscaping, architectural and engineering services, asbestos
abatement, and such other services or actions as may be required to accomplish the project, all at an
estimated cost of twenty-six million three hundred twenty thousand dollars, subject to permitted
adjustments pursuant to section 3 of this Act. The South Dakota Building Authority may finance up
to fourteen million five hundred thousand dollars of the design and renovation costs through the
issuance of revenue bonds, in accordance with this Act and chapter 5-12.
Section 2. There is hereby appropriated the sum of fourteen million five hundred thousand
dollars ($14,500,000), or so much thereof as may be necessary, in other fund expenditure authority
from the issuance of revenue bonds by the South Dakota Building Authority; the sum of six million
four hundred nineteen thousand six hundred two dollars ($6,419,602), or so much thereof as may
be necessary, in other fund expenditure authority from University of South Dakota other funds; and
the sum of five million four hundred thousand three hundred ninety-eight dollars ($5,400,398), or
so much thereof as may be necessary, in other fund expenditure authority from the higher education
facilities fund allocable to the University of South Dakota for the purposes of maintenance and repair
to address the portion of the project that would otherwise involve maintenance and repair projects,
together with any additional sums received pursuant to section 4 of this Act, and permitted
adjustments pursuant to section 3 of this Act, to the Board of Regents for the purposes authorized
in this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 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 and additional expenditures required to comply
with regulations adopted after the effective date of this Act, or additional sums received pursuant to
section 4 of this Act. However, any adjustments to design and renovation cost estimates for projects
authorized in this Act may not exceed one hundred twenty-five percent of the estimated project cost
stated in section 1 of this Act.
Section 4. The Building Authority and the Board of Regents may accept, transfer, and expend
any funds obtained for the projects authorized in this Act from federal sources, donations, or any
other external sources, all of which comprise a special fund for the benefitted project or its debt
service. All moneys deposited into that fund are hereby appropriated to the projects authorized by
this Act in addition to the amounts otherwise authorized by this Act, subject to the limitations stated
in sections 1 to 3, inclusive, of this Act.
Section 5. No indebtedness, bond, or obligation incurred or created under the authority of this
Act may be or may become a lien, charge, or liability against the State of South Dakota, nor against
the property or funds of the State of South Dakota within the meaning of the Constitution or laws
of the state.
Section 6. The administration of the design and renovation 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 7. The executive director of the Board of Regents and the executive secretary of the
Building Authority shall approve vouchers and the state auditor shall draw warrants to pay
expenditures authorized by this Act.
Section 8. The Board of Regents may make and enter into a lease agreement with the Building
Authority and make rental payments under the terms thereof, pursuant to chapter 5-12, from the
donations received pursuant to this Act or from University of South Dakota other funds.
Signed February 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\115.wpd
CHAPTER 115
(HB 1061)
An appropriation to the Board of Regents
for two athletic and recreation fields at Northern State University.
ENTITLED, An Act to authorize the Board of Regents to contract for the construction of two athletic
and recreation fields and related structures at Northern State University, to make an appropriation
therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents is hereby authorized to contract for the planning, site
preparation, construction, furnishing, and equipping of two athletic and recreation fields, spectator
seating, and a building consisting of restrooms, concession stand, locker rooms, offices for coaches,
media area, meeting rooms, and storage at Northern State University, including heating, air
conditioning, plumbing, water, sewer, electricity, sidewalks, parking, landscaping, architectural and
engineering services, and such other services or actions as may be required to accomplish the project,
for an estimated cost of six million three hundred and three thousand three hundred fourteen dollars,
subject to permitted adjustments pursuant to section 3 of this Act.
Section 2. There is hereby appropriated the sum of six million dollars ($6,000,000), or so much
thereof as may be necessary, in other fund expenditure authority from gifts donated for the purposes
of this Act, and the sum of three hundred and three thousand three hundred fourteen dollars
($303,314), or so much thereof as may be necessary, in other fund expenditure authority from the
higher education facilities fund allocable to Northern State University for the purposes of
maintenance and repair to address the portion of the project that would otherwise involve
maintenance and repair projects, together with any additional sums received pursuant to section 4
of this Act, and permitted adjustments pursuant to section 3 of this Act, to the Board of Regents for
the purposes authorized in this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The
Board of Regents may adjust the cost estimates to reflect the inflation as measured by the Building
Cost Index, reported by the Engineering News Record and additional expenditures required to
comply with regulations adopted after the effective date of this Act, or additional sums received
pursuant to section 4 of this Act. However, any adjustments to construction cost estimates for the
project may not exceed one hundred twenty-five percent of the estimated project construction cost
stated in section 1 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the
projects authorized in this Act from federal sources, donations, or any other external sources, all of
which comprise a special fund for the benefitted project. All moneys deposited into that fund are
hereby appropriated to the projects authorized by this Act, subject to limitations stated in sections
1 to 3, inclusive, of this Act.
Section 5. The administration of the design and construction of the project authorized in this Act
shall be under the general charge and supervision of the Bureau of Administration as provided in
chapter 5-14.
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. 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 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\116.wpd
CHAPTER 116
(HB 1062)
An appropriation to the Board of Regents
to purchase real property in Brown County,
ENTITLED, An Act to authorize the Board of Regents to purchase unimproved real property in
Brown County, to make an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may purchase on behalf of Northern State University a site
comprising 0.86 acres, more or less, of unimproved real property, which site is described as:
Lot 1, Young's Railroad Addition to the City of Aberdeen, Brown County, South Dakota.
Section 2. There is hereby appropriated the sum of twenty-five thousand dollars ($25,000), or
so much thereof as may be necessary, in other fund expenditure authority from gifts donated for the
purposes of this Act to the Board of Regents for the purposes authorized in section 1 of this Act.
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. 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 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\117.wpd
CHAPTER 117
(HB 1065)
Appropriation to the Board of Regents
for the renovation of the National Music Museum.
ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and
addition to, the National Music Museum in Vermillion and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents is hereby authorized to contract for the design, renovation of,
and addition to, the National Music Museum in Vermillion, together with furnishings and equipment,
including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking,
landscaping, architectural and engineering services, asbestos abatement, and such other services or
actions as may be required to accomplish the project, for an estimated cost of nine million two
hundred sixty-five thousand dollars subject to permitted adjustments pursuant to section 3 of this
Act.
Section 2. There is hereby appropriated the sum of seven million seven hundred sixty-five
thousand dollars ($7,765,000), or so much thereof as may be necessary, in other fund expenditure
authority from gifts donated for the purposes of this Act; and the sum of one million five hundred
thousand dollars ($1,500,000), or so much thereof as may be necessary, in other fund expenditure
authority from the higher education facilities fund allocable to the University of South Dakota for
the purposes of maintenance and repair to address the portion of the project that would otherwise
involve maintenance and repair projects, together with any additional sums received pursuant to
section 4 of this Act, and permitted adjustments pursuant to section 3 of this Act, to the Board of
Regents for the purposes authorized in this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The
Board of Regents may adjust the cost estimates to reflect the inflation as measured by the Building
Cost Index, reported by the Engineering News Record and additional expenditures required to
comply with regulations adopted after the effective date of this Act, or additional sums received
pursuant to section 4 of this Act. However, any adjustments to construction cost estimates for the
project may not exceed one-hundred twenty-five percent of the estimated project construction cost
stated in section 1 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the
projects authorized in this Act from federal sources, donations, or any other external sources, all of
which comprise a special fund for the benefitted project. All moneys deposited into that fund are
hereby appropriated to the projects authorized by this Act, subject to the limitations stated in sections
1 to 3, inclusive, of this Act.
Section 5. The administration of the design and construction of the project authorized in this Act
shall be under the general charge and supervision of the Bureau of Administration as provided in
chapter 5-14.
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 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\118.wpd
CHAPTER 118
(HB 1071)
Appropriation to relocate
the School for the Blind and the Visually Impaired.
ENTITLED, An Act to authorize the relocation of the School for the Blind and the Visually Impaired
and the transfer of its existing real estate and facilities to Northern State University, to authorize
actions necessary to accomplish that relocation and transfer, to protect the permanent endowment
trust through exchanges of real estate and facilities, to appropriate funds, and to declare an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The School for the Blind and the Visually Impaired shall relocate from its site in
Aberdeen, Brown County, to a new facility to be constructed on the Jerde Hall site of the Northern
State University campus, and shall assume jurisdiction over the new facility and its grounds. Upon
completion of the relocation, Northern State University shall assume jurisdiction over the real estate
and facilities currently occupied by the School for the Blind and the Visually Impaired.
Section 2. The Legislature finds:
(1) That the relocation and transfers of jurisdiction authorized by section 1 of this Act affect
properties within two separate institutional trusts in the permanent endowment trust, and,
to comport with S.D. Const. Art. VIII, § 7, the relocation and transfers shall be structured
to preserve the value of each institutional trust;
(2) That the real estate and fixtures comprising the campus of the School for the Blind and
the Visually Impaired form part of the permanent endowment trust for the benefit of the
School for the Blind and the Visually Impaired, having been donated by the City of
Aberdeen pursuant to chapter 242 of the 1957 Session Laws and chapter 77 of the 1959
Session Laws; and that the appraised value for the real estate and fixtures is
approximately one million four hundred forty-five thousand dollars;
(3) That Jerde Hall on the campus of Northern State University was placed in the permanent
endowment trust pursuant to chapter 154 of the 1986 Session Laws, for the benefit of the
state universities, and that the appraised value for the real estate and fixtures is
approximately eight hundred fifty thousand dollars;
(4) That the estimated project cost of a new facility for the School for the Blind and the
Visually Impaired is thirteen million five hundred fifty-eight thousand nine hundred
ninety-three dollars;
(5) That the most expedient means to implement section 1 of this Act consistent with
constitutional requirements is to remove Jerde Hall and its grounds from the permanent
endowment trust for the state universities prior to the construction of a new facility for the
School for the Blind and the Visually Impaired and to replace Jerde Hall and its grounds
with a different Northern State University property from outside the permanent
endowment trust for the state universities that has equal or greater appraised value than
Jerde Hall; and
(6) That Wolves Memorial Suites, a student residence facility constructed in 2017 on the
campus of Northern State University pursuant to chapter 13-51A, with an appraised value
of six million six hundred ninety-two thousand dollars, does not form part of the
permanent endowment trust, being situated on land, with an appraised value of two
hundred fifty-three thousand dollars, acquired by the state for the benefit of Northern State
University in three purchases with general funds appropriated by chapter 205 of the 1966
Session Laws, and, pursuant to contracts for deed, with parking fees appropriated by
chapter 112 of the 1972 Session Laws, and with parking fees appropriated by chapter 166
of the 1977 Session Laws.
Section 3. The Legislature hereby removes from the permanent endowment trust for the state
universities that real estate and fixtures on the campus of Northern State University known as Jerde
Hall, with an appraised value of eight hundred fifty thousand dollars, and described as:
Hufman's Outlot one (1) of Hufman's Outlot One (1) and Two (2) in the Southeast Quarter
(SE1/4) of Section 24, Township 123, North, Range 64, West of the 5th Principal
Meridian, Brown County, South Dakota,
and replaces those properties in the permanent endowment trust for the state universities with that
real estate and fixtures on the campus of Northern State University known as Wolves Memorial
Suites, with an appraised value of six million nine hundred forty-five thousand dollars, and described
as:
Lot 1 of Northern State University Suites Addition to Aberdeen in the Norwest 1/14 of
Section 24, all of Township 123 North, Range 64 West of the 5th Principal Meridian,
Brown County, South Dakota,
thereby, complying fully with the Legislature's constitutional charge never to diminish the permanent
endowment trust for the state universities.
Section 4. The Board of Regents may demolish Jerde Hall for an estimated cost of two hundred
forty-two thousand, seven hundred seventy-five dollars, payable from donations received for the
purposes of this Act, and erect, equip, furnish, and otherwise prepare for occupancy on its site a new
building, together with landscaping, sidewalks, parking and ancillary facilities, with an estimated
project cost of thirteen million five hundred fifty-eight thousand, nine hundred ninety-three dollars,
payable from funds obtained pursuant to section 8 of this Act. The new building shall be designed
to meet the educational and operational needs of the School for the Blind and the Visually Impaired
and to provide additional classroom space for cooperative programming with Northern State
University to prepare teachers of the visually impaired.
Section 5. The Board of Regents shall notify the commissioner of school and public lands when
the construction authorized in section 4 of this Act has been accepted, and the commissioner of
school and public lands shall remove from the permanent endowment trust and transfer the site
presently comprising the campus and facilities of the School for the Blind and the Visually Impaired
to Northern State University, and thereafter, the real estate and fixtures, with an appraised value of
one million four hundred forty-five thousand dollars, known as the campus of the School for the
Blind and the Visually Impaired and described as:
Blocks One (1), Two (2), Three (3) and Four (4), Melgaard Park Addition to Aberdeen,
Brown County, South Dakota, and Hoff's Outlot One (1) Blocks One (1) to Block Two
(2), and Hoff's Outlot (1) to Block Three (3), Melgaard Park Addition to Aberdeen,
Brown County, South Dakota, being part of the Southeast Quarter (SE1/4) of Section 24,
Township 123, North, Range 64, West of the 5th Principal Meridian, comprising nine and
one half acres, more or less,
shall comprise part of the campus of Northern State University but will not be part of the permanent
endowment trust for the state universities.
At the same time, the commissioner of school and public lands shall transfer into the permanent
endowment trust for the School for the Blind and the Visually Impaired the real estate comprising
the former site of Jerde Hall as improved by the new construction authorized by this Act, with an
appraised value of ten million fifty-thousand dollars, and described as:
Hufman's Outlot one (1) of Hufman's Outlot One (1) and Two (2) in the Southeast Quarter
(SE1/4) of Section 24, Township 123, North, Range 64, West of the 5th Principal
Meridian,
as full replacement for the real estate and fixtures transferred to Northern State University pursuant
to this Act, thereby, complying fully with the Legislature's constitutional charge never to diminish
the permanent endowment trust for the School for the Blind and the Visually Impaired.
Section 6. When the transfers authorized in section 5 of this Act have been completed, the Board
of Regents may demolish the facilities formerly occupied by the School for the Blind and the
Visually Impaired for an estimated cost of one hundred seventy thousand dollars, payable from funds
received for the purposes of this Act.
Section 7. All cost estimates contained in this Act have been stated in terms of 2017 values and
may be adjusted 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 additional sums received pursuant to section 8 of this Act. However,
any adjustments to project cost estimates for any given project may not exceed one hundred
twenty-five percent of the estimated project cost stated in sections 4 or 6 of this Act.
Section 8. The Board of Regents may accept, transfer, and expend any funds obtained for the
projects authorized in sections 4 and 6 of this Act from federal sources, donations, or any other
sources, all of which comprise a special fund for the benefitted project. All monies deposited into
that fund are hereby appropriated to the projects authorized by this Act, subject to the limitations
stated in sections 4, 6, and 7 of this Act.
Section 9. 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 10. 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 11. 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 22, 2018
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CHAPTER 119
(SB 47)
Appropriation to authorize the completion of a sports facility
at the University of South Dakota.
ENTITLED, An Act to authorize the completion of the sports performance enhancement facility
arena and the outdoor track and soccer complex at the University of South Dakota, to make an
appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. It is in the public interest that the South Dakota Building Authority and the University
of South Dakota complete the sports performance enhancement facility arena and the outdoor track
and soccer complex at the University of South Dakota, which were authorized by chapter 94 of the
2013 Session Laws, and receive an appropriation equal to the amount that was reverted pursuant to
§ 4-8-21.
Section 2. 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 payable
from accumulated athletic department revenues, rental and advertising revenue, and from funds
donated and accepted for the purpose of chapter 94 of the 2013 Session Laws, for the projects and
debt service authorized by chapter 94 of the 2013 Session Laws to the Board of Regents.
Section 3. The executive director of the Board of Regents and the executive secretary of the
Building Authority shall approve vouchers and the state auditor shall draw warrants to pay
expenditures authorized by this Act.
Section 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 27, 2018
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CHAPTER 120
(SB 50)
Appropriation to the Board of Regents
for the construction of an American Indian Student Center.
ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the
American Indian Student Center at 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 is hereby authorized to contract for the planning, site
preparation, construction, furnishing, and equipping of the American Indian Student Center at South
Dakota State University, together with furnishings and equipment, including heating, air
conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping,
architectural and engineering services, asbestos abatement, and such other services or actions as may
be required to accomplish the project, for an estimated cost of four million five hundred thousand
dollars, subject to permitted adjustments pursuant to section 3 of this Act.
Section 2. There is hereby appropriated the sum of four million dollars ($4,000,000), or so much
thereof as may be necessary, in other fund expenditure authority from gifts donated for the purposes
of this Act, and the sum of five hundred thousand dollars ($500,000), or so much thereof as may be
necessary, in other fund expenditure authority from the annual allocation to South Dakota State
University from the School and Public Lands fund, together with any additional sums received
pursuant to section 4 of this Act, and permitted adjustments pursuant to section 3 of this Act, to the
Board of Regents for the purposes authorized in this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The
Board of Regents may adjust the cost estimates to reflect the inflation as measured by the Building
Cost Index, reported by the Engineering News Record and additional expenditures required to
comply with regulations adopted after the effective date of this Act, or additional sums received
pursuant to section 4 of this Act. However, any adjustments to construction cost estimates for the
project may not exceed one hundred twenty-five percent of the estimated project construction cost
stated in section 1 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the
projects authorized in this Act from federal sources, donations, or any other external sources, all of
which comprise a special fund for the benefitted project. All moneys deposited into that fund are
hereby appropriated to the projects authorized by this Act, subject to the limitations stated in sections
1 to 3, inclusive, of this Act.
Section 5. The administration of the design and construction of the project authorized in this Act
shall be under the general charge and supervision of the Bureau of Administration as provided in
chapter 5-14.
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 March 6, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\121.wpd
CHAPTER 121
(SB 51)
Appropriation to the Board of Regents for the construction
of an athletic support facility at South Dakota State University.
ENTITLED, An Act to authorize the Board of Regents to contract for the construction of an athletic
support facility at 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 is hereby authorized to contract for the planning, site
preparation, construction, furnishing, and equipping of an athletic support facility consisting of team
rooms, officials' locker room, restrooms, concession stand, storage, and mechanical space at South
Dakota State University, including heating, air conditioning, plumbing, water, sewer, electric
facilities, sidewalks, parking, landscaping, architectural and engineering services, asbestos
abatement, and such other services or actions as may be required to accomplish the project, for an
estimated cost of six hundred thousand dollars, subject to permitted adjustments pursuant to section
3 of this Act.
Section 2. There is hereby appropriated the sum of six hundred thousand dollars ($600,000), or
so much thereof as may be necessary, in other fund expenditure authority from athletic and business
enterprise revenues, together with any additional sums received pursuant to section 4 of this Act, and
permitted adjustments pursuant to section 3 of this Act, to the Board of Regents for the purposes
authorized in this Act.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The
Board of Regents may adjust such cost estimates to reflect the inflation as measured by the Building
Cost Index, reported by the Engineering News Record and additional expenditures required to
comply with regulations adopted after the effective date of this Act, or additional sums received
pursuant to section 4 of this Act. However, any adjustments to construction cost estimates for the
project may not exceed one hundred twenty-five percent of the estimated project construction cost
stated in section 1 of this Act.
Section 4. The Board of Regents may accept, transfer, and expend any funds obtained for the
projects authorized in this Act from federal sources, donations, or any other external sources, all of
which comprise a special fund for the benefitted project. All moneys deposited into that fund are
hereby appropriated to the projects authorized by this Act, subject to limitations stated in sections
1 to 3, inclusive, of this Act.
Section 5. The administration of the design and construction of the project authorized in this Act
shall be under the general charge and supervision of the Bureau of Administration as provided in
chapter 5-14.
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 March 6, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\122.wpd
CHAPTER 122
(SB 53)
The Board of Regents may sell and lease
certain real property in Pennington County.
ENTITLED, An Act to authorize the Board of Regents to sell existing real property in Pennington
County and to acquire real property in Pennington County for the use and benefit of the South
Dakota State University West River Agriculture Center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents may sell, after making the trust whole in accordance with
§ 5-3-7, 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 property currently used by South Dakota State University for the West
River Agriculture Center, described as: Tract F of Fountain Springs Business Park located in the SE
1/4 of Section 27, Township 2 North, Range 7 East of the Black Hills Meridian, Rapid City,
Pennington County, South Dakota containing 1.1 acres, more or less, 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.
The proceeds from this sale and earnings therefrom may be applied to the purchase of property in
sections 3 and 4 of this Act.
Section 3. The Board of Regents may enter into a lease-purchase agreement to acquire improved
real property in Pennington County for the use and benefit of South Dakota State University. The
lease term may not exceed twenty years. The total principal of the lease-purchase agreement may not
exceed three million five hundred thousand dollars plus accrued interest. The annual lease payment
shall be authorized through the normal budgeting process and shall be made from the operating funds
for cooperative extension service, the operating funds for agricultural experiment station, from other
funds derived from the proceeds from the sale of real property authorized in section 1 of this Act,
and from the earnings generated from the investment of the sale proceeds authorized by section 2
of this Act.
Section 4. The improved real property to be acquired pursuant to this Act, comprising 25,066
square feet of building and property is described as follows: Lot A of the Menard Subdivision,
located in Section 32, Township 2 North, Range 8 East of the Black Hills Meridian, Rapid City,
Pennington County, South Dakota.
Signed March 6, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\123.wpd
CHAPTER 123
(HB 1264)
Appropriation to the Board of Regents
for a precision agriculture classroom and laboratory.
ENTITLED, An Act to authorize the construction of the precision agriculture building and certain
renovations at South Dakota State University, to make an appropriation therefor, and to declare
an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Board of Regents is hereby authorized to contract for the demolition of existing
facilities, removal of rubbish, site preparation, construction, furnishing, and equipping of a precision
agriculture classroom and laboratory building and renovation of the first and second floors of Berg
Agriculture Hall at South Dakota State University, together with furnishings and equipment,
including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking,
landscaping, architectural and engineering services, asbestos abatement, and such other services or
actions as may be required to accomplish the project for an estimated cost of fifty-five million
dollars, subject to permitted adjustments pursuant to section 3 of this Act.
Section 2. There is hereby appropriated for the purposes authorized in this Act the sum of fifty-five million dollars ($55,000,000), or so much thereof as may be necessary, in other fund expenditure
authority and two million dollars ($2,000,000), or so much thereof as may be necessary, from the
general fund, together with any additional sums received pursuant to section 5 of this Act, and
permitted adjustments pursuant to section 3 of this Act. Two hundred fifty thousand dollars in the
General Appropriations Act was reduced from the cooperative extension service at South Dakota
State University to be applied for the purposes authorized in this Act. Any general funds
appropriated in this section shall be transferred to the precision agriculture fund.
Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The
Board of Regents may adjust such cost estimates to reflect the inflation as measured by the Building
Cost Index, reported by the Engineering News Record, and additional expenditures required to
comply with regulations adopted after the effective date of this Act, or additional sums received
pursuant to section 5 of this Act. However, any adjustments to construction cost estimates for the
project may not exceed one hundred twenty-five percent of the estimated project construction cost
stated in section 1 of this Act.
Section 4. The South Dakota Building Authority may finance the precision agriculture classroom
and laboratory building, including the issuance of revenue bonds not to exceed twenty million
dollars, in accordance with this Act and chapter 5-12.
Section 5. The Board of Regents may accept, transfer, and expend any funds obtained for the
projects authorized in this Act from federal sources, South Dakota State University, donations, or
any other sources, all of which comprise a special fund for the benefitted project. All moneys
deposited into that precision agriculture fund are hereby appropriated to the projects authorized by
this Act, subject to limitations stated in sections 1 to 3, inclusive, of this Act.
Section 6. The administration of the design and construction of the project authorized in this Act
shall be under the general charge and supervision of the Bureau of Administration as provided in
chapter 5-14.
Section 7. 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 8. There is hereby created the precision agriculture fund. Money in the fund may be used
for the construction and renovation of the precision agriculture classroom and laboratory building
and Berg Agriculture Hall; bond redemption; and the annual maintenance, operations, and repair of
the buildings. Interest earned on money in the fund shall be deposited in the fund. The fund shall be
administered by the Board of Regents.
Section 9. That chapter 38-19 be amended by adding a NEW SECTION to read:
In addition to the fee imposed by § 38-19-10, 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 twenty-five cents per ton in accordance with the provisions of § 38-19-12.
Notwithstanding the provisions of § 38-19-14, the fee imposed by this section shall be deposited in
the precision agriculture fund created pursuant to section 8 of this Act.
Section 10. Section 9 of this Act is effective on July 1, 2018.
Section 11. Section 9 of this Act is repealed on the first day of the fiscal year following a
determination by the Board of Regents that the bonds authorized pursuant to section 4 of this Act
are satisfied and paid in full.
Section 12. 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, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\124.wpd
CHAPTER 124
(SB 183)
Funds provided for the precision agriculture fund.
ENTITLED, An Act to provide funds to the precision agriculture fund by revising the allocation of
petroleum release compensation and inspection fee revenues and online lottery revenues and to
repeal the ethanol fuel fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34A-13-20 be amended to read:
34A-13-20. A petroleum release compensation and tank inspection fee is imposed upon any
petroleum products upon which the fuel excise tax is imposed by §§ 10-47B-5 to 10-47B-10,
inclusive, 10-47B-9.1, and 10-47B-13. None of the exemptions from fuel excise tax allowed in § 10-47B-19 apply to this fee. The parties required to pay the fuel excise tax under pursuant to the
provisions of §§ 10-47B-21 to 10-47B-26, inclusive, and 10-47B-29 and 10-47B-31 are liable for
payment of the petroleum release and tank inspection fee. In cases where the fuel is exempt from the
fuel excise tax under the provisions of subdivisions 10-47B-19(1), (3), and (5), the supplier shall pay
the fee. Responsibility for payment of the fee ceases if the petroleum product is sold and delivered
by a licensed exporter outside of the state. The amount of the fee imposed is twenty dollars per one
thousand gallons of petroleum. Beginning January 1, 2003, fifty percent of the The revenue collected
pursuant to this section shall be deposited monthly in the ethanol fuel fund and fifty percent of the
revenue collected pursuant to this section shall be distributed monthly in the following manner:
(1) Beginning in fiscal year 2000 to December 31, 2002, inclusive, fifty percent shall be
deposited in the state capital construction fund created in § 5-27-1. Beginning on January
1, 2003, seventy-eight and seven-tenths percent shall be deposited in the state capital
construction fund; and In fiscal year 2019, fifty-five percent shall be deposited in the state
capital construction fund, twenty-five percent shall be deposited in the ethanol fuel fund,
and twenty percent shall be deposited in the petroleum release compensation fund;
(2) Beginning April 1, 2002, to December 31, 2002, inclusive, twenty-nine and one-tenth
percent shall be deposited in the petroleum release compensation fund and twenty and
nine-tenths percent shall be deposited in the state highway fund. Beginning on January
1, 2003, twenty-one and three-tenths percent shall be deposited in the petroleum release
compensation fund In fiscal year 2020, sixty percent shall be deposited in the state capital
construction fund, twenty percent shall be deposited in the ethanol fuel fund, nineteen
percent shall be deposited in the petroleum release compensation fund, and one percent
shall be deposited in the ethanol infrastructure incentive fund as created in
§ 10-47B-164.1;
(3) In fiscal year 2021, sixty-six percent shall be deposited in the state capital construction
fund, fifteen percent shall be deposited in the ethanol fuel fund, eighteen percent shall be
deposited in the petroleum release compensation fund, and one percent shall be deposited
in the ethanol infrastructure incentive fund;
(4) In fiscal year 2022, seventy-two percent shall be deposited in the state capital construction
fund, ten percent shall be deposited in the ethanol fuel fund, seventeen percent shall be
deposited in the petroleum release compensation fund, and one percent shall be deposited
in the ethanol infrastructure incentive fund; and
(5) Beginning in fiscal year 2023, eighty-one and one-half percent shall be deposited in the
state capital construction fund, seventeen percent shall be deposited in the petroleum
release compensation fund, and one and one-half percent shall be deposited in the ethanol
infrastructure incentive fund.
Section 2. That chapter 34A-13 be amended by adding a NEW SECTION to read:
If the balance of the petroleum release compensation fund falls below two million dollars and
has additional accounts payable that exceed projected monthly deposits pursuant to section 1 of this
Act, a transfer shall be made from the state highway fund to the petroleum release compensation
fund in an amount that brings the balance of the petroleum release compensation fund to five million
dollars.
Any balance in the petroleum release compensation fund in excess of six million dollars, after
any monthly deposit made pursuant to § 34A-13-20, shall be transferred to the state highway fund.
Section 3. That § 10-47B-164.1 be amended to read:
10-47B-164.1. There is hereby established the ethanol infrastructure incentive fund to receive
funds transferred from the ethanol fuel fund pursuant to § 10-47B-164 pursuant to § 34A-13-20. Any
money in the ethanol infrastructure incentive fund is continuously appropriated for the following
purposes:
(1) To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the
purpose of entering into contracts for the purchase or installation, or for the purchase and
installation, of ethanol blender pumps and associated piping and storage systems and
related equipment to be used at facilities operated by the motor fuel retail dealers for the
sale of motor fuel to the public;
(2) To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the
purpose of entering into contracts for the purchase, or the purchase, of pumps and pump
equipment authorized to dispense gasoline containing up to and including eighty-five
percent ethanol;
(3) To award incentive grants to encourage the purchase of flex fuel vehicles;
(4) To encourage the increased use of ethanol in South Dakota; and
(5) To otherwise encourage the installation of infrastructure related to sale and distribution
of ethanol.
The Governor's Office of Economic Development shall establish, by rules promulgated pursuant
to chapter 1-26, such regulations and procedures as are necessary to implement this section. For the
purposes of this section, the term, ethanol blender pump, refers to a mechanism provided by the retail
dealer for the dispensing at retail as defined in § 10-47B-3 of ethanol blend so that the end user may
choose a particular grade of ethanol to gasoline to be dispensed. The Governor's Office of Economic
Development may use up to five percent of any amount appropriated to the ethanol infrastructure
incentive fund for administration of the fund or any incentive programs established by this section.
Section 4. That chapter 10-47B be amended by adding a NEW SECTION to read:
Any balance in the ethanol infrastructure incentive fund in excess of one million dollars, after
the monthly deposit made pursuant to § 34A-13-20, shall be transferred to the state highway fund.
Section 5. That § 42-7A-24 be amended to read:
42-7A-24. Net proceeds from the sale of instant lottery tickets shall be transferred to the state
general fund on an annual basis after July first each year. The commission shall maximize the net
proceeds to the state from the sale of instant and on-line lottery tickets. In no event may yearly lottery
expenses for the sale of lottery tickets, excluding expenditures from retained earnings, exceed the
amount of combined net proceeds transferred to the state general fund and the state capital
construction fund. Net machine income from video lottery games shall be directly deposited in the
general fund upon receipt. Net proceeds are funds in the lottery operating fund which are not needed
for the payment of prizes, lottery expenses, and total retained earnings up to one and one-half million
dollars cash deemed necessary by the executive director and commission for replacement,
maintenance, and upgrade of business systems, product development, legal, and operating
contingencies of the lottery.
In each fiscal year, the commission shall transfer the first one million four hundred thousand
dollars from the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24
to the general fund. The commission shall then transfer an amount equal to the remaining net
proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the state capital
construction fund created in § 5-27-1. In fiscal year 2019, the commission shall transfer twenty-five
percent of the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24
to the general fund and seventy-five percent of the net proceeds from the sale of on-line lottery
tickets shall be transferred to the state capital construction fund created in § 5-27-1. In fiscal year
2020, the commission shall transfer thirty-five percent of the net proceeds from the sale of on-line
lottery tickets collected pursuant to § 42-7A-24 to the general fund and sixty-five percent of the net
proceeds from the sale of on-line lottery tickets shall be transferred to the state capital construction
fund created in § 5-27-1. In fiscal year 2021, the commission shall transfer thirty-five percent of the
net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the general
fund and sixty-five percent of the net proceeds from the sale of on-line lottery tickets shall be
transferred to the state capital construction fund created in § 5-27-1. In fiscal year 2022, the
commission shall transfer fifty percent of the net proceeds from the sale of on-line lottery tickets
collected pursuant to § 42-7A-24 to the general fund and fifty percent of the net proceeds from the
sale of on-line lottery tickets shall be transferred to the state capital construction fund created in
§ 5-27-1. In fiscal year 2023 and each year thereafter, the commission shall transfer seventy percent
of the net proceeds from the sale of on-line lottery tickets collected pursuant to § 42-7A-24 to the
general fund and thirty percent of the net proceeds from the sale of on-line lottery tickets shall be
transferred to the state capital construction fund created in § 5-27-1.
Section 6. That § 5-27-1 be amended to read:
5-27-1. There is hereby established within the state treasury the state capital construction fund
into which shall be deposited the remaining net proceeds to the state from the sale of on-line lottery
tickets after the first one million four hundred thousand dollars is deposited into the general fund
pursuant to § 42-7A-24, and such other revenues as the Legislature may designate. The fund shall
be a participating fund and shall be credited for all interest earned on fund balances. Expenditures
from the fund shall be made only upon approval by the Legislature.
Section 7. That § 5-27-4 be amended to read:
5-27-4. During fiscal year 1999, the Bureau of Finance and Management shall transfer each
month twenty-four and two-tenths percent of the monthly state capital construction fund revenues
from the state capital construction fund to the ethanol fuel fund. Beginning in fiscal year 2000 to
December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each month
thirty-three and one-quarter percent of the monthly state capital construction fund revenues from the
state capital construction fund to the ethanol fuel fund. Beginning on January 1, 2003 In fiscal year
2019, the Bureau of Finance and Management shall transfer each month twenty-five and six-tenths
twenty-one and one-half percent of the monthly state capital construction fund revenues from the
state capital construction fund to the ethanol fuel fund. In fiscal year 2020, the Bureau of Finance
and Management shall transfer each month fifteen percent of the monthly state capital construction
fund revenues for the state capital construction fund to the ethanol fuel fund. In fiscal year 2021, the
Bureau of Finance and Management shall transfer each month ten percent of the monthly state
capital construction fund revenues for the state capital construction fund to the ethanol fuel fund. In
fiscal year 2022, the Bureau of Finance and Management shall transfer each month five percent of
the monthly state capital construction fund revenues for the state capital construction fund to the
ethanol fuel fund.
Section 8. That § 5-27-5 be amended to read:
5-27-5. During fiscal year 1999, the Bureau of Finance and Management shall transfer each
month three and six-tenths percent of the monthly state capital construction fund revenues from the
state capital construction fund to the public and special transportation fund. Beginning in fiscal year
2000 to December 31, 2002, inclusive, the Bureau of Finance and Management shall transfer each
month three and one-half percent of the monthly state capital construction fund revenues from the
state capital construction fund to the public and special transportation fund. Beginning on January
1, 2003 In fiscal year 2019, the Bureau of Finance and Management shall transfer each month two
and six-tenths fourteen and one-half percent of the monthly state capital construction fund revenues
from the state capital construction fund to the state highway fund. In fiscal year 2020, the Bureau of
Finance and Management shall transfer each month twenty-three percent of the monthly state capital
construction fund revenues for the state capital construction fund to the state highway fund. In fiscal
year 2021, the Bureau of Finance and Management shall transfer each month twenty-nine percent
of the monthly state capital construction fund revenues for the state capital construction fund to the
state highway fund. In fiscal year 2022, the Bureau of Finance and Management shall transfer each
month thirty-four percent of the monthly state capital construction fund revenues for the state capital
construction fund to the state highway fund. Beginning in fiscal year 2023 and each year thereafter,
the Bureau of Finance and Management shall transfer each month thirty-six percent of the monthly
state capital construction fund revenues from the state capital construction fund to the state highway
fund.
Section 9. That § 5-27-6 be amended to read:
5-27-6. During fiscal year 1999 2019, the Bureau of Finance and Management shall transfer each
month seventy-two and two-tenths sixty-four percent of the monthly state capital construction fund
revenues from the state capital construction fund to the water and environment fund. Beginning in
fiscal year 2000 to December 31, 2002, inclusive In fiscal year 2020, the Bureau of Finance and
Management shall transfer each month sixty-three and one-quarter sixty-two percent of the monthly
state capital construction fund revenues from the state capital construction fund to the water and
environment fund. Beginning on January 1, 2003 In fiscal year 2021, the Bureau of Finance and
Management shall transfer each month sixty-one percent of the monthly state capital construction
fund revenues from the state capital construction fund to the water and environment fund. In fiscal
year 2022, the Bureau of Finance and Management shall transfer each month seventy-one and
eight-tenths sixty-one percent of the monthly state capital construction fund revenues from the state
capital construction fund to the water and environment fund. Beginning in fiscal year 2023 and each
year thereafter, the Bureau of Finance and Management shall transfer each month sixty-four percent
of the monthly state capital construction fund revenues from the state capital construction fund to
the water and environment fund.
Section 10. That § 10-47B-162 to 10-47B-164, inclusive, be repealed.
Section 11. That §§ 10-47B-165 and 10-47B-166 be repealed.
Section 12. Sections 10 and 11 of this Act are effective on July 1, 2022.
Section 13. Pursuant to the General Appropriations Act, six hundred fifty thousand dollars will
be annually transferred to the precision agriculture fund from the revenues generated by this Act until
the first day of the fiscal year following a determination by the Board of Regents that the bonds
financing the precision agriculture classroom and laboratory building are satisfied and paid in full.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\124.wpd
CIVIL PROCEDURE
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\125.wpd
CHAPTER 125
(HB 1139)
The applicability of adverse possession to certain partition fences.
ENTITLED, An Act to revise the applicability of adverse possession to certain partition fences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 15-3 be amended by adding a NEW SECTION to read:
Adjacent landowners in an unincorporated area of the state may agree to waive the provisions
of this chapter. The agreement may, but need not, be in the following form:
This document prepared by:
Name: ________________________
Address: ______________________
______________________
Telephone: ____________________
PARTITION FENCE AGREEMENT
This Agreement is made this __________ day of _____________, 20 _____.
WHEREAS, _________________________, and _____________________________
is/are the owner(s) of certain real property described as follows:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
designated hereafter as "Tract A"; and
WHEREAS, ___________________________, and ___________________________
is/are the owner(s) of real property adjoining the above-described property and described as follows:
__________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
designated hereafter as "Tract B"; and
WHEREAS, there is a partition fence separating the property described above.
NOW, THEREFORE, it is hereby agreed as follows:
The partition fence separating Tract A and Tract B is for the mutual convenience of the owners.
The partition fence does not necessarily reflect the actual or true boundary line separating Tract A
and Tract B. The partition fence is placed and constructed to accommodate surface terrain rather than
identify the actual legal property lines. To the extent that the partition fence deviates from the legal
property line, the owners agree that neither holds the possession adversely to the other as
contemplated in South Dakota Codified Laws chapter 15-3. Due to the cost of replacing and
repositioning the partition fence, neither the owner of Tract A or the owner of Tract B at this time
desires to do so.
Nothing in this agreement restricts the right of the owner of either tract in the future, to exercise
the right to have the partition fence repaired or repositioned upon the legal property line. Ownership
and right of possession of the real property and the real estate tax attendant to the real property are
governed by the records in the Register of Deeds for ______________ County.
Dated this ________ day of ___________, 20 ____.
_____________________________ ________________________________
Owner, Tract A Owner, Tract A
County of _________________
State of ___________________
On this _______ day of ____________, 20 ____, before me, the undersigned officer, personally
appeared __________________ and __________________, Owners of Tract A above described,
known to me or satisfactorily proven to be the person(s) whose names are subscribed to the within
instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
___________________________________
Notary Public, South Dakota
My commission expires: _______________
Notary Printed Name: __________________
Dated this _____ day of __________, 20 _____.
________________________________ __________________________________
Owner, Tract B Owner, Tract B
County of _______________________
State of _________________________
On this ____ day of __________, 20 ____, before me, the undersigned officer, personally appeared
___________________________ and ________________________________, Owners of Tract B
above described, known to me or satisfactorily proven to be the person(s) whose names are
subscribed to the within instrument and acknowledged that they executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
___________________________________
Notary Public, South Dakota
My commission expires: _______________
Notary Printed Name: __________________
Section 2. That chapter 15-3 be amended by adding a NEW SECTION to read:
Upon a judicial determination of adverse possession the adjacent landowner acquiring the
ownership and right to possession pursuant to this chapter becomes immediately liable for all future
real estate taxes on the property. The previous owner may petition a circuit court to determine the
precise acreage for which responsibility for real property taxes is transferred. The circuit court may
assess reasonable costs including the cost of surveying the property.
Section 3. That chapter 15-3 be amended by adding a NEW SECTION to read:
No agreement or judicial determination of adverse possession shall affect existing utility lines.
Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\125.wpd
COURTS AND JUDICIARY
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\126.wpd
CHAPTER 126
(HB 1097)
Magistrate court jurisdiction over vulnerable adult
protective or restraining orders.
ENTITLED, An Act to revise certain provisions regarding magistrate court jurisdiction over
vulnerable adult protective or restraining 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 any civil actions, action 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,
or 21-65. When If 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 that 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 try any petition that establishes temporary support for either a
minor child of the parties or a spouse. Any magistrate court with a magistrate judge presiding has
jurisdiction in any small claims proceedings, proceeding if the debt, damage, claim, or value of the
property involved does not exceed twelve thousand dollars.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\126.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\127.wpd
CHAPTER 127
(HB 1096)
Jurisdiction for magistrate judges for HOPE probation programs.
ENTITLED, An Act to provide jurisdiction to magistrate judges for HOPE probation programs and
to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 16-22 be amended by adding a NEW SECTION to read:
Any magistrate court with a magistrate judge presiding may, upon assignment of the presiding
judge of the circuit, act in lieu of a circuit court judge having jurisdiction to administer and preside
over a HOPE probation program established under § 16-22-8.
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 February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\127.wpd
OATHS AND ACKNOWLEDGMENTS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\128.wpd
CHAPTER 128
(HB 1085)
The Uniform Unsworn Domestic Declarations Act.
ENTITLED, An Act to adopt the Uniform Unsworn Domestic Declarations Act.
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:
This Act may be cited as the Uniform Unsworn Domestic Declarations Act.
Section 2. That the code be amended by adding a NEW SECTION to read:
The terms in this Act mean:
(1) "Boundaries of the United States," the geographic boundaries of the United States, Puerto
Rico, the United States Virgin Islands, and any territory or insular possession subject to
the jurisdiction of the United States;
(2) "Law," includes a statute, judicial decision or order, rule of court, executive order, and
administrative rule, regulation, or order;
(3) "Record," information that is inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable form;
(4) "Sign," with present intent to authenticate or adopt a record to execute or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or
process;
(5) "Sworn declaration," a declaration in a signed record given under oath. The term includes
a sworn statement, verification, certificate, and affidavit;
(6) "Unsworn declaration," a declaration in a signed record not given under oath but is given
under penalty of perjury.
Section 3. That the code be amended by adding a NEW SECTION to read:
This Act applies to an unsworn declaration by a declarant who at the time of making the
declaration is physically located within the boundaries of the United States.
Section 4. That the code be amended by adding a NEW SECTION to read:
Except as otherwise provided in this section, if a law of this state requires or permits use of a
sworn declaration, an unsworn declaration meeting the requirements of this Act has the same effect
as a sworn declaration.
This Act does not apply to:
(1) A deposition under § 15-6-26;
(2) An oath of office;
(3) An oath required to be given before a specified official other than a notary public;
(4) A declaration to be recorded pursuant to title 43;
(5) Any declaration, oath, or verification required under title 2 or 12; or
(6) An oath required by § 29A-2-504.
Section 5. That the code be amended by adding a NEW SECTION to read:
If a law of this state requires that a sworn declaration be presented in a particular medium, an
unsworn declaration must be presented in the same medium.
Section 6. That the code be amended by adding a NEW SECTION to read:
An unsworn declaration under this Act must be in substantially the following form:
FORM OF UNSWORN DECLARATION
I declare under penalty of perjury under the law of South Dakota that the foregoing is true and
correct.
Signed on the ___ day of _____, _____, at ________________________________.
Date Month Year City or other location, state
Signature
Section 7. That the code be amended by adding a NEW SECTION to read:
In applying and construing this uniform act, consideration must be given to the need to promote
uniformity of the law with respect to its subject matter among states that enact it.
Section 8. That the code be amended by adding a NEW SECTION to read:
This Act modifies, limits, or supersedes the Electronic Signatures in Global and National
Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section
101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices
described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\128.wpd
JUDICIAL REMEDIES
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\129.wpd
CHAPTER 129
(HB 1084)
Garnishment disclosure forms revised.
ENTITLED, An Act to revise certain provisions regarding garnishment disclosure forms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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. "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 income tax
withholding). 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 (such as child support, federal wage
garnishments, and other creditor garnishments). 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 five percent of the amount 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 $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
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\129.wpd
CRIMES
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\130.wpd
CHAPTER 130
(HB 1293)
Increase the penalty for assaults against first responders.
ENTITLED, An Act to increase the penalty for certain assaults committed against firefighters,
ambulance service, or health care facility personnel while engaged in the performance of their
duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-18-1.05 be amended to read:
22-18-1.05. Simple assault, as provided in § 22-18-1, if committed against a law enforcement
officer, firefighter, ambulance service personnel, Department of Corrections employee or person
under contract assigned to the Department of Corrections, or other public officer, which assault
occurred while such the officer or employee was engaged in the performance of the officer's or
employee's duties, is a Class 6 felony.
Aggravated assault, as provided in § 22-18-1.1, if committed against a law enforcement officer,
firefighter, ambulance service personnel, Department of Corrections employee or person under
contract assigned to the Department of Corrections, or other public officer, which assault occurred
while such the officer or employee was engaged in the performance of the officer's or employee's
duties, is a Class 2 felony.
The penalties in this section also apply to a simple assault or aggravated assault if committed
against any health care facility personnel while the personnel was engaging in patient care.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\130.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\131.wpd
CHAPTER 131
(HB 1126)
Forensic medical examinations
for victims of rape or sexual offense.
ENTITLED, An Act to revise certain provisions regarding forensic medical examinations for victims
of rape or sexual offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-22-26 be amended to read:
22-22-26. If a physician, hospital, or clinic examines the victim of an alleged rape or sexual
offense the examination shall be provided without cost to the victim. The county where an alleged
rape or sexual offense occurred shall pay the cost of any forensic medical examination performed
by a physician, hospital, or clinic shall be paid for the cost of the examination by the county where
the alleged rape or sexual offense occurred, which shall be reimbursed by any defendant if convicted
on the victim of the alleged rape or sexual offense. For purposes of the provisions of this Act, the
term, forensic medical examination, includes:
(1) Examination of physical trauma;
(2) Patient interview, including medical history, triage, and consultation; and
(3) Collection and evaluation of evidence, including any photographic documentation;
preservation and maintenance of the chain of custody of evidence; medical specimen
collection; and any alcohol- or drug-facilitated sexual assault assessment and toxicology
screening deemed necessary by the physician, hospital, or clinic.
Section 2. That chapter 22-22 be amended by adding a NEW SECTION to read:
A person who is convicted of a rape or sexual offense shall be required as part of the sentence
imposed by the court to reimburse the county for the cost of any forensic medical examination
performed under § 22-22-26 resulting from the rape or sexual offense for which the defendant is
convicted. The cost of a forensic medical examination to be paid by the county under § 22-22-26 and
reimbursed to the county under this section shall include:
(1) Physician, hospital, or clinic services and fees directly related to the forensic medical
examination, including integral forensic supplies;
(2) Scope procedures directly related to the forensic medical examination, including anoscopy
and colposcopy;
(3) Laboratory testing directly related to the forensic medical examination, including drug
screening, urinalysis, pregnancy screening, syphilis screening, chlamydia culture,
gonorrhea coverage culture, blood test for HIV screening, hepatitis B and C, herpes
culture, and any other sexually-transmitted disease testing directly related to the
examination;
(4) Any medication provided during the forensic medical examination; and
(5) Any radiology service directly related to the forensic medical examination.
Section 3. That chapter 22-22 be amended by adding a NEW SECTION to read:
Each physician, hospital, and clinic conducting an examination under § 22-22-26 shall coordinate
with the county to establish a payment process by which the county shall pay for the cost of any
forensic medical examination performed under § 22-22-26 and to notify any victim of rape or sexual
offense of the availability of a forensic medical examination at no cost to the victim. A victim of rape
or sexual offense is not required to participate in the criminal justice system or to cooperate with law
enforcement to be provided with a forensic medical examination without cost to the victim.
The amount paid to a physician, hospital, or clinic for a forensic medical exam performed under
§ 22-22-26 may not exceed the actual cost of the forensic medical examination or an amount
established by the secretary of the Department of Social Services, whichever is less. The amount
established by the secretary under this section shall be based on Medicaid payment methodology.
A physician, hospital, or clinic may not maintain a claim against a county for any amount that
exceeds the usual ordinary and reasonable charge for a forensic medical examination, including an
amount that is less than the actual cost of the forensic medical examination. If the physician,
hospital, or clinic performs forensic medical examinations, or any portion of a forensic medical
examination, to persons who are medically indigent residing in the county in which the physician,
hospital, or clinic is located at a cost less than the amount provided for in this section, the physician,
hospital, or clinic shall furnish the forensic medical examination, or any applicable portion of the
forensic medical examination, at the lower cost.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\131.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\132.wpd
CHAPTER 132
(HB 1110)
Penalty for convictions of hiring for sexual activity or prostitution.
ENTITLED, An Act to increase the penalty for certain subsequent convictions of hiring for sexual
activity or promoting prostitution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-23-9 be amended to read:
22-23-9. Any person who hires or attempts to hire another person for a fee to engage in sexual
activity is guilty of a Class 1 misdemeanor. However, if the person has been convicted of, or pled
guilty to, one or more violations of this section or § 22-23-2 in the previous ten years, the person is
guilty of a Class 6 felony.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\132.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\133.wpd
CHAPTER 133
(SB 61)
Sex offender registration.
ENTITLED, An Act to revise certain provisions regarding sex offender registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24B-12 be amended to read:
22-24B-12. Any person who is required to register as a sex offender pursuant to §§ 22-24B-1 to
22-24B-14, inclusive the provisions of this chapter, and who moves to a different location or
residence address shall inform the law enforcement agency with whom where the person last
registered of the person's new location or address, in writing, within three business days. The law
enforcement agency shall, within three days of receipt of the person's information under this section,
forward the information to the Division of Criminal Investigation and to the law enforcement agency
having jurisdiction of over the person's new location or residence. A failure to register pursuant to
this section is a Class 6 felony for a first offense. Any second or subsequent violation of the
provisions of this section is a Class 5 felony.
Section 2. That chapter 22-24B be amended by adding a NEW SECTION to read:
Any person who is required to register as a sex offender pursuant to the provisions of this chapter
and who intends to move to a different location or residence address outside of the state, shall inform
the law enforcement agency where the person last registered of the person's new location or address,
in person pursuant to the provisions of § 22-24B-2, not less than three business days prior to leaving
the state. The law enforcement agency shall, within three days of the receipt of the person's
information under this section, forward the information to the Division of Criminal Investigation and
to the law enforcement agency having jurisdiction over the person's new location or residence. A
failure to register pursuant to this section is a Class 6 felony for a first offense. Any second or
subsequent violation of the provisions of this section is a Class 5 felony.
Section 3. That § 22-24B-22 be amended to read:
22-24B-22. Terms used in §§ 22-24B-22 to 22-24B-28, inclusive, mean:
(1) "Community safety zone," the measurement of a straight line that creates an area that lies
within five hundred feet from the facilities and grounds of any school, public park, public
playground, or public pool, including the facilities and grounds itself;
(2) "Loiter," to remain for a period of time and under circumstances that a reasonable person
would determine is for the primary purpose of observing or contacting minors;
(3) "School," any public, private, denominational, or parochial school offering preschool,
kindergarten, or any grade from one through twelve accredited through the Department
of Education;
(4) "Residence," the address
an offender a person lists for purposes of the sex offender
registry
as provided for in under § 22-24-12 and subdivision 22-24B-8(3).
Section 4. That § 22-24B-37 be amended to read:
22-24B-37.
A sex offender shall report his or her Any person who is required to register as a sex
offender pursuant to the provisions of this chapter shall report that person's 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 United States Marshals Service National Sex Offender
Targeting Center and 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
the
provisions of this section is a Class 1 misdemeanor.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\133.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\134.wpd
CHAPTER 134
(HB 1285)
Community safety zones.
ENTITLED, An Act to revise certain provisions regarding community safety zones.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-24B be amended by adding a NEW SECTION to read:
Any person who travels to a secondary registered location or address that is located in the
community safety zone, and inhabits the location for more than twenty-four hours shall verbally
notify the law enforcement of jurisdiction prior to arriving at the location or residence. A violation
of this section is a Class 1 misdemeanor.
Section 2. That § 22-24B-23 be amended to read:
22-24B-23. No person who is required to register as a sex offender pursuant to this chapter may
establish a residence or reside within a community safety zone unless:
(1) The person is incarcerated in a jail or prison or other correctional placement which is
located within a community safety zone;
(2) The person is on parole or probation and has been assigned to a halfway house or
supervised living center within a community safety zone;
(3) The person is homeless and has been admitted to a community homeless shelter within
a community safety zone by an appropriate community official;
(4) The person is placed in a health care facility licensed pursuant to chapter 34-12, or
certified under Title XVIII or XIX of the Social Security Act as amended to December 31,
2001, or receiving services from a community service provider accredited or certified by
the Department of Human Services or the Department of Social Services, which is located
within a community safety zone;
(5) The person was under age eighteen at the time of the offense and the offender was not
tried and convicted of the offense as an adult;
(6) The person established and inhabited the residence prior to as of July 1, 2006;
(7) The school, public park, public pool, or public playground was built or established
subsequent to the person's establishing residence at the location; or
(8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender
from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.
A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.
Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\134.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\135.wpd
CHAPTER 135
(SB 62)
Data breach notification and penalty.
ENTITLED, An Act to provide for the notification related to a breach of certain data and to provide
a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-40 be amended by adding a NEW SECTION to read:
(1) "Breach of system security," the unauthorized acquisition of unencrypted computerized
data or encrypted computerized data and the encryption key by any person that materially
compromises the security, confidentiality, or integrity of personal or protected information
maintained by the information holder. The term does not include the good faith
acquisition of personal or protected information by an employee or agent of the
information holder for the purposes of the information holder if the personal or protected
information is not used or subject to further unauthorized disclosure;
(2) "Encrypted," computerized data that is rendered unusable, unreadable, or indecipherable
without the use of a decryption process or key or in accordance with the Federal
Information Processing Standard 140-2 in effect on January 1, 2018;
(3) "Information holder," any person or business that conducts business in this state, and that
owns or licenses computerized personal or protected information of residents of this state;
(4) "Personal information," a person's first name or first initial and last name, in combination
with any one or more of the following data elements:
(a) Social security number;
(b) Driver license number or other unique identification number created or collected
by a government body;
(c) Account, credit card, or debit card number, in combination with any required
security code, access code, password, routing number, PIN, or any additional
information that would permit access to a person's financial account;
(d) Health information as defined in 45 CFR 160.103; or
(e) An identification number assigned to a person by the person's employer in
combination with any required security code, access code, password, or biometric
data generated from measurements or analysis of human body characteristics for
authentication purposes.
The term does not include information that is lawfully made available to the general
public from federal, state, or local government records or information that has been
redacted, or otherwise made unusable; and
(5) "Protected information," includes:
(a) A user name or email address, in combination with a password, security question
answer, or other information that permits access to an online account; and
(b) Account number or credit or debit card number, in combination with any required
security code, access code, or password that permits access to a person's financial
account;
(6) "Unauthorized person," any person not authorized to acquire or disclose personal
information, or any person authorized by the information holder to access personal
information who has acquired or disclosed the personal information outside the guidelines
for access of disclosure established by the information holder.
Section 2. That chapter 22-40 be amended by adding a NEW SECTION to read:
Following the discovery by or notification to an information holder of a breach of system security
an information holder shall disclose in accordance with section 4 of this Act the breach of system
security to any resident of this state whose personal or protected information was, or is reasonably
believed to have been, acquired by an unauthorized person. A disclosure under this section shall be
made not later than sixty days from the discovery or notification of the breach of system security,
unless a longer period of time is required due to the legitimate needs of law enforcement as provided
under section 3 of this Act. An information holder is not required to make a disclosure under this
section if, following an appropriate investigation and notice to the attorney general, the information
holder reasonably determines that the breach will not likely result in harm to the affected person. The
information holder shall document the determination under this section in writing and maintain the
documentation for not less than three years.
Any information holder that experiences a breach of system security under this section shall
disclose to the attorney general by mail or electronic mail any breach of system security that exceeds
two hundred fifty residents of this state.
Section 3. That chapter 22-40 be amended by adding a NEW SECTION to read:
A notification required under section 2 of this Act may be delayed if a law enforcement agency
determines that the notification will impede a criminal investigation. If the notification is delayed,
the notification shall be made not later than thirty days after the law enforcement agency determines
that notification will not compromise the criminal investigation.
Section 4. That chapter 22-40 be amended by adding a NEW SECTION to read:
A disclosure under section 2 of this Act may be provided by:
(1) Written notice;
(2) Electronic notice, if the electronic notice is consistent with the provisions regarding
electronic records and signatures set forth in 15 U.S.C. § 7001 in effect as of January 1,
2018, or if the information holder's primary method of communication with the resident
of this state has been by electronic means; or
(3) Substitute notice, if the information holder demonstrates that the cost of providing notice
would exceed two hundred fifty thousand dollars, that the affected class of persons to be
notified exceeds five hundred thousand persons, or that the information holder does not
have sufficient contact information and the notice consists of each of the following:
(a) Email notice, if the information holder has an email address for the subject
persons;
(b) Conspicuous posting of the notice on the information holder's website, if the
information holder maintains a website page; and
(c) Notification to statewide media.
Section 5. That chapter 22-40 be amended by adding a NEW SECTION to read:
Notwithstanding section 4 of this Act, if an information holder maintains its own notification
procedure as part of an information security policy for the treatment of personal or protected
information and the policy is otherwise consistent with the timing requirements of this section, the
information holder is in compliance with the notification requirements of section 4 of this Act if the
information holder notifies each person in accordance with the information holder's policies in the
event of a breach of system security.
Section 6. That chapter 22-40 be amended by adding a NEW SECTION to read:
If an information holder discovers circumstances that require notification pursuant to section 2
of this Act the information holder shall also notify, without unreasonable delay, all consumer
reporting agencies, as defined under 15 U.S.C. § 1681a in effect as of January 1, 2018, and any other
credit bureau or agency that compiles and maintains files on consumers on a nationwide basis, of the
timing, distribution, and content of the notice.
Section 7. That chapter 22-40 be amended by adding a NEW SECTION to read:
The attorney general may prosecute each failure to disclose under the provisions of this Act as
a deceptive act or practice under § 37-24-6. In addition to any remedy provided under chapter 37-24,
the attorney general may bring an action to recover on behalf of the state a civil penalty of not more
than ten thousand dollars per day per violation. The attorney general may recover attorney's fees and
any costs associated with any action brought under this section.
Section 8. That chapter 22-40 be amended by adding a NEW SECTION to read:
Notwithstanding any other provisions in this Act, any information holder that is regulated by
federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996
(P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq., as amended)
and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations,
guidance, or guidelines established by its primary or functional federal regulator is deemed to be in
compliance with this chapter if the information holder notifies affected South Dakota residents in
accordance with the provisions of the applicable federal law or regulation.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\136.wpd
CHAPTER 136
(SB 65)
Penalty enhanced for drug deliveries that result in death.
ENTITLED, An Act to revise certain provisions regarding drug deliveries that result in death and
to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-42-2 be amended to read:
22-42-2. Except as authorized by this chapter or chapter 34-20B, no person may manufacture,
distribute, or dispense a substance listed in Schedules I or II; possess with intent to manufacture,
distribute, or dispense a substance listed in Schedules I or II; create or distribute a counterfeit
substance listed in Schedules I or II; or possess with intent to distribute a counterfeit substance listed
in Schedules I or II. A violation of this section is a Class 4 felony. However, a violation of this
section is a Class 3 felony if the person is in possession of three or more of the following:
(1) Three hundred dollars or more in cash;
(2) A firearm or other weapon pursuant to §§ 22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3, and
subdivision 22-1-2(8);
(3) Bulk materials used for the packaging of controlled substances;
(4) Materials used to manufacture a controlled substance including recipes, precursor
chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or
(5) Drug transaction records or customer lists.
The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. A first
conviction under this section shall be punished by a mandatory sentence in the state penitentiary of
at least one year, which sentence may not be suspended. Probation, suspended imposition of
sentence, or suspended execution of sentence may not form the basis for reducing the mandatory
time of incarceration required by this section. A second or subsequent conviction under this section
shall be punished by a mandatory sentence in the state penitentiary of at least ten years, which
sentence may not be suspended. Probation, suspended imposition of sentence, or suspended
execution of sentence may not form the basis for reducing the mandatory time of incarceration
required by this section. However, a first conviction for distribution to a minor under this section
shall be punished by a mandatory sentence in the state penitentiary of at least five years, which
sentence may not be suspended. Probation, suspended imposition of sentence, or suspended
execution of sentence may not form the basis for reducing the mandatory time of incarceration
required by this section. A second or subsequent conviction for distribution to a minor under this
section shall be punished by a mandatory sentence in the state penitentiary of at least fifteen years,
which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended
execution of sentence, may not form the basis for reducing the mandatory time of incarceration
required by this section.
Any person who, for consideration, intentionally distributes any controlled substance or
counterfeit substance in violation of this section and another person dies as a direct result of using
that substance, the sentence for the principal felony shall be enhanced by increasing the class of the
principal felony two levels. The enhancement may not exceed the sentence for a Class C felony.
A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a
violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the
mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not
guilty, including nolo contendere, or a finding of guilt by a jury or court.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\136.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\137.wpd
CHAPTER
137
(SB 63)
Revised prohibitions for methamphetamines
with a mandatory penalty.
ENTITLED, An Act to revise certain prohibitions regarding methamphetamines and to create a
mandatory penalty for a violation thereof and revise certain sentencing criteria for
methamphetamine and opioids.
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:
Except as authorized by this Act or chapter 34-20B, no person may manufacture, distribute, or
dispense more than five grams of methamphetamine, a methamphetamine analog or immediate
precursor; possess with intent to manufacture, distribute, or dispense methamphetamine, a
methamphetamine analog or immediate precursor; create or distribute a counterfeit of
methamphetamine, a methamphetamine analog or immediate precursor; or possess with intent to
distribute a counterfeit of methamphetamine, a methamphetamine analog or immediate precursor.
A violation of this section is a Class 3 felony. However, a violation of this section is a Class 2 felony
if the person is in possession of three or more of the following:
(1) Three hundred dollars or more in cash;
(2) A firearm, or other weapon pursuant to §§ 22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3,
and subdivision 22-1-2(8);
(3) Bulk materials used for the packaging of methamphetamine;
(4) Materials used to manufacture methamphetamine including recipes, precursor chemicals,
laboratory equipment, lighting, ventilating or power generating equipment; or
(5) Drug transaction records or customer lists.
A first conviction under this section shall be punished by a mandatory sentence in the state
penitentiary of at least one year, which sentence may not be suspended. A second or subsequent
conviction under this section shall be punished by a mandatory sentence in the state penitentiary of
at least ten years, which sentence may not be suspended.
The manufacture, distribution, or dispensing of methamphetamine, a methamphetamine analog
or immediate precursor to a minor is a Class 1 felony. A first conviction for distribution to a minor
under this section shall be punished by a mandatory sentence in the state penitentiary of at least five
years, which sentence may not be suspended. A second or subsequent conviction for distribution to
a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at
least fifteen years, which sentence may not be suspended.
Probation, suspended imposition of sentence, or suspended execution of sentence, may not form
the basis for reducing the mandatory time of incarceration required by this section.
A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a
violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the
mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not
guilty, including nolo contendere, or a finding of guilt by a jury or court.
Section 2. That the code be amended by adding a NEW SECTION to read:
For any offense under section 1 of this Act or § 22-42-2 where the opium derivative or opiate is
listed as Schedule I or Schedule II under chapter 34-20B, the court shall impose a sentence without
regard to any statutory minimum sentence, only if the court makes written findings that:
(1) The defendant does not have a prior conviction for a crime of violence as defined under
subdivision 22-1-2(9);
(2) The defendant did not use violence or any credible threat of violence or possess a firearm
or other dangerous weapon in connection with the offense;
(3) The defendant did not induce another participant to use violence or any credible threat of
violence or possess a firearm or other dangerous weapon in connection with the offense;
(4) The defendant was not an organizer, leader, manager, or supervisor of any other
participant in connection with the offense;
(5) The defendant truthfully provided to the state any information and evidence in connection
with any offense that was part of the same course of conduct or of a common scheme or
plan. The defendant shall provide any information before the time of sentencing, but if the
defendant provides no relevant or useful information or if the state was previously aware
of the information, the court may determine that the defendant has complied with the
finding under this subdivision; and
(6) The offense did not result in death or serious bodily injury to any person.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\137.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\138.wpd
CHAPTER 138
(SB 64)
Human trafficking in the first degree.
ENTITLED, An Act to revise certain provisions related to attempted human trafficking in the first
degree and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-49-2 be amended to read:
22-49-2. If the acts or the venture set forth in a person is guilty of human trafficking under § 22-
49-1, and the act:
(1) Involve Involves committing or attempting to commit kidnapping;
(2) Involve Involves a victim under the age of eighteen years;
(3) Involve Involves prostitution or procurement for prostitution; or
(4)
Result Results in the death of a victim;
any the person
guilty has committed human trafficking in the first degree
, which. A violation of the
provisions of this section is a Class 2 felony.
Notwithstanding the provisions of § 22-4-1, any attempt to commit a violation of this section
against a victim who is a minor is punishable in the same manner as the completed violation.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\138.wpd
LAW ENFORCEMENT
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\139.wpd
CHAPTER 139
(HB 1249)
Training of tribal law officers
at the Law Enforcement Training Center.
ENTITLED, An Act to authorize the training of tribal law officers at the Law Enforcement Training
Center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-3-15 be amended to read:
23-3-15. It shall be the duty of the Division of Criminal Investigation to cooperate with similar
divisions, bureaus, or departments of other states, tribal governments, or of the Bureau of
Investigation of the Department of Justice in Washington, D.C.
Section 2. That § 23-3-18 be amended to read:
23-3-18. In order to supplement the provisions of § 23-3-17 the Division of Criminal
Investigation is hereby designated as the official agency to coordinate and administer the training of
all law enforcement officers and peace officers within this state. By such designation it is not the
intention to interfere with or to abolish any intra-department training program sponsored by state,
tribal governments, county, or local law enforcement agencies, but rather it is the intention to
encourage such intra-departmental training.
Section 3. That § 23-3-28 be amended to read:
23-3-28. There is hereby created a Law Enforcement Officers Standards Commission in the
Office of the Attorney General. This commission shall consist of eleven members, eight of whom
shall be appointed by the attorney general as follows: one person from the Division of Highway
Patrol; one person who is a duly elected, qualified, and acting sheriff of this state; one person who
is a duly appointed, qualified, and acting member of a municipal police department of this state; one
member who is an enrolled tribal member and a certified tribal law enforcement officer; one person
who is a member of the State Bar of South Dakota; one member recommended by the executive
director of the Board of Regents; one member recommended by the South Dakota Municipal League;
and one member recommended by the South Dakota County Commissioners Association.
The attorney general on the first appointments shall appoint three members for terms of one year
and four members for a term of two years; thereafter all appointments shall be for two years. An
appointee is eligible to be reappointed.
Section 4. That § 23-3-35 be amended to read:
23-3-35. In addition to powers conferred upon the Law Enforcement Officers Standards
Commission elsewhere in this chapter, the commission may:
(1) Promulgate rules for the administration of §§ 23-3-26 to 23-3-47, inclusive, including the
authority to require the submission of reports and information by law enforcement
agencies within this state;
(2) Establish minimum educational and training standards for admission to employment as
a law enforcement officer:
(a) In permanent positions; and
(b) In temporary or probationary status;
(3) Certify persons as being qualified under the provisions of §§ 23-3-26 to 23-3-47,
inclusive, to be law enforcement officers, and by rule to establish criteria and procedure
for the revocation or suspension of the certification of officers who have been convicted
of a felony or misdemeanor involving moral turpitude, have intentionally falsified any
application or document to achieve certification, or have been discharged from
employment for cause, or have engaged in conduct unbecoming of a law enforcement
officer;
(4) Establish minimum curriculum requirements for preparatory, in-service, and advanced
courses and programs for schools operated by or for the state or any political subdivisions
of the state for the specific purpose of training recruits, or other law enforcement officers,
or tribal law enforcement;
(5) Consult and cooperate with counties, municipalities, agencies of this state, tribal
governments, other governmental agencies, and with universities, colleges, junior
colleges, and other institutions concerning the development of law enforcement training
schools and programs or courses of instruction;
(6) Approve institutions and facilities for school operation by or for the state or any political
subdivision of the state for the specific purpose of training law enforcement officers and
recruits;
(7) Make or encourage studies of any aspect of police administration;
(8) Conduct and stimulate research by public and private agencies which is designed to
improve police administration and law enforcement;
(9) Make recommendations concerning any matter within its purview pursuant to §§ 23-3-26
to 23-3-47, inclusive;
(10) Make such evaluations as may be necessary to determine if governmental units are
complying with the provisions of §§ 23-3-26 to 23-3-47, inclusive;
(11) Adopt and amend bylaws, consistent with law, for its internal management and control;
(12) Enter into contracts or do such things as may be necessary and incidental to the
administration of its authority pursuant to §§ 23-3-26 to 23-3-47, inclusive;
(13) License and regulate the activities of private or law enforcement polygraph and computer
voice stress analyzer examiners;
(14) Certify canine teams; and
(15) Establish minimum educational and training standards for newly selected county coroners
and advanced training standards for incumbent county coroners;
(16) Establish minimum educational and training standards for school sentinels authorized in
§ 13-64-1.
Section 5. That § 23-3-39 be amended to read:
23-3-39. The commission shall establish and maintain law enforcement training programs
through the tribal governments of the federally recognized Indian tribes and the such agencies and
institutions as the commission may deem appropriate.
Section 6. That chapter 23-3 be amended by adding a NEW SECTION to read:
The term, tribal law enforcement, means law enforcement agencies administered by one of the
federally recognized Indian tribes or Bureau of Indian Affairs with land geographically located
within the borders of this state.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\139.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\140.wpd
CHAPTER 140
(HB 1209)
National Instant Criminal Background Check
for applicants of certain concealed carry permits.
ENTITLED, An Act to require a National Instant Criminal Background Check for certain concealed
carry permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-7-7 be amended to read:
23-7-7. A permit to carry a concealed pistol shall be issued to any person by the sheriff of the
county in which the applicant resides. The permit shall be valid throughout the state and shall be
issued pursuant to § 23-7-7.1. Prior to issuing the permit, the sheriff shall execute a For purposes of
verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and
the applicant shall pass, a background investigation, including a criminal history check, of every
applicant for the purposes of verifying the qualifications of the applicant pursuant to the
requirements of § 23-7-7.1. For the purposes of this section, a background investigation is defined
as a computer check of available on-line records a computer check of available on-line records and
the National Instant Criminal Background Check.
Section 2. That § 23-7-7.1 be amended to read:
23-7-7.1. A temporary permit to carry a concealed pistol shall be issued within five days of
application to a person if the applicant:
(1) Is eighteen years of age or older;
(2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of
violence;
(3) Is not habitually in an intoxicated or drugged condition;
(4) Has no history of violence;
(5) Has not been found in the previous ten years to be a "danger to others" or a "danger to
self" as defined in § 27A-1-1 or is not currently adjudged mentally incompetent;
(6) Has physically resided in and is a resident of the county where the application is being
made for at least thirty days immediately preceding the date of the application;
(7) Has had no violations of chapter 23-7, 22-14, or 22-42 constituting a felony or
misdemeanor in the five years preceding the date of application or is not currently charged
under indictment or information for such an offense;
(8) Is a citizen or legal resident of the United States; and
(9) Is not a fugitive from justice; and
(10) 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, and passes a National Instant Criminal Background Check.
A person denied a permit may appeal to the circuit court pursuant to chapter 1-26.
Section 3. That § 23-7-8.11 be amended to read:
23-7-8.11. The holder of the regular permit to carry a concealed pistol may renew the permit
through the sheriff of the county where the holder resides for a period beginning ninety days before
the permit expires. The holder shall pay a ten dollar ten-dollar renewal fee and pass a background
investigation, including a criminal history a computer check of available online records and the
National Instant Criminal Background Check, pursuant to required under § 23-7-7 prior to the
renewal of the permit. The renewal fee shall be distributed as set forth in § 23-7-8.2.
Section 4. That § 23-7-8.12 be amended to read:
23-7-8.12. If a South Dakota resident holds a regular concealed carry permit issued in accordance
with § 23-7-7, and is a member of a state National Guard unit, the Armed Forces of the United
States, or the Armed Forces Reserves of the United States, and the holder's permit expires during an
active duty military assignment or deployment outside of the holder's state of residence, the holder
may request a renewal form application from the Office of the Secretary of State. The Office of the
Secretary of State secretary shall prescribe the contents of the application form and any
accompanying materials. The application must shall be accompanied by documentation of the
deployment, including dates and location of the deployment if available for disclosure; an affidavit
signed by the holder's commanding officer or unit commander attesting to the identity of the holder
and the fact the holder is unable to return to the state to renew; and a copy of a current, valid,
government-issued identification card with a photograph of the holder. The Office of the Secretary
of State secretary shall specify the contents of the affidavit. The holder shall mail the application,
containing original signatures in ink, to the sheriff in the holder's county of residence. The sheriff
will shall conduct the background investigation, including a criminal history computer check of
available online records pursuant to and the National Instant Criminal Background Check required
under § 23-7-7, within five days of receipt of the military application renewal form. The original
signature of the applicant on the renewal form shall serve as the applicant's signature for the
temporary permit.
Signed March 23, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\141.wpd
CHAPTER 141
(HB 1083)
Fees reduced for enhanced permits to carry a concealed pistol.
ENTITLED, An Act to revise certain provisions regarding permits to carry a concealed pistol and
to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. 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 and, if the
sheriff takes the fingerprints, the sheriff shall secure the fingerprints at no additional
charge to the applicant;
(5) A separate application fee of one hundred dollars for the optional permit to carry a
concealed pistol which 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; 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 2. That chapter 23-7 be amended by adding a NEW SECTION to read:
Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one
years of age or older.
Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements
of §§ 23-7-53 and 23-7-54 and any other specified requirements and qualifications and upon the
approval from the sheriff of the county where the applicant submitted the application shall be issued
a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for
individuals eighteen to twenty years of age, inclusive.
Section 3. That chapter 23-7 be amended by adding a NEW SECTION to read:
Any individual between eighteen and twenty years of age, inclusive, holding an enhanced
concealed carry permit, issued between July 1, 2015, and the effective date of this Act, shall be
issued a new temporary restricted enhanced permit that designates the permit is for individuals
eighteen to twenty years of age, inclusive.
Section 4. That chapter 23-7 be amended by adding a NEW SECTION to read:
A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one
may submit a written request to the secretary of state for an unrestricted enhanced permit. The
unrestricted enhanced permit shall be issued at no additional cost.
Section 5. That chapter 23-7 be amended by adding a NEW SECTION to read:
A person who has been issued a permit to carry a concealed pistol shall maintain current
information on the permit by notifying the secretary of state in writing of a change in the person's
name due to marriage or court order or of a change in physical address. If the revised address is
located within South Dakota, the secretary of state shall provide a new permit to the person.
The county sheriff may issue a temporary permit or the secretary of state may issue an updated
permit that reflects an address outside of South Dakota in the following instances:
(1) For a South Dakota resident who is active duty military personnel, or the spouse of a
person who is active duty military, with a home of record in South Dakota; or
(2) For a South Dakota permit holder whose home is physically located in South Dakota but
has an official postal address located within in a county in another state that shares a
border with South Dakota.
The fee for processing a replacement permit is two dollars and shall be used by the secretary of
state to administer the concealed carry program.
Section 6. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed March 9, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\142.wpd
CHAPTER 142
(HB 1278)
The extradition of fugitives by Indian tribes.
ENTITLED, An Act to revise certain provisions regarding the extradition of fugitives by Indian
tribes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23-24B-2 be repealed.
Section 2. That § 23-24B-3 be amended to read:
23-24B-3. No A demand for extradition of an Indian a person charged with an offense by an
Indian tribe in this state shall may be recognized by this state unless the provisions of § 23-24B-2
have been met and if a written request for extradition is received by the attorney general. The request
shall state that the accused person was present on the demanding reservation at the time of the
commission of the alleged crime and that thereafter he the person fled from the reservation to avoid
prosecution. The request shall be accompanied by a:
(1) A copy of any arrest warrant issued for the individual, by a person;
(2) A copy of any judgment of conviction or sentence imposed, if applicable, and by a; and
(3) A sworn statement from a reservation judicial officer that the person claimed:
(a) Claimed has escaped or evaded confinement, or broken the terms of his the
person's probation, bail, or parole, and that the individual has; and
(b) Has been charged with committing a specific offense under the laws of the tribe.
Section 3. That § 23-24B-8 be amended to read:
23-24B-8. The law enforcement officer or person executing the judge's warrant of arrest, or the
agent of the demanding tribe to whom the prisoner may have been delivered may, if necessary,
confine the prisoner in the jail of any county or first or second class municipality through which he
the prisoner may pass, and the keeper of such. The person in charge of the jail shall receive and
safely keep the prisoner until the law enforcement officer or person having charge of him the
prisoner is ready to proceed on his the route. The governmental unit which employs the law
enforcement officer or person having custody of the prisoner shall be charged with the expense of
keeping the prisoner, unless reimbursement is otherwise provided pursuant to an agreement between
the tribe and governmental unit.
Signed March 22, 2018
_______________
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CRIMINAL PROCEDURE
_______________
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CHAPTER 143
(SB 185)
Criminal record expungement, process revised.
ENTITLED, An Act to revise certain provisions regarding criminal record expungement.
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:
If an arrested person is placed in a diversion program, the person is eligible for an expungement
of the entire criminal record related to that arrest if:
(1) The person has successfully completed all the terms of the diversion program; and
(2) The person has not been charged with any new crimes, except for petty offenses or minor
traffic citations, within one year and thirty days from the date of the successful completion
of the diversion program.
Nothing in this section requires a state's attorney to place any arrested person into a diversion
program or to otherwise create or implement a diversion program.
Section 2. That chapter 23A-3 be amended by adding a NEW SECTION to read:
If the requirements of section 1 of this Act have been met, the state's attorney shall file a
dismissal of all the charges related to that arrest and a notice of completion of the diversion program
by the arrested person.
Section 3. That chapter 23A-3 be amended by adding a NEW SECTION to read:
Upon the filing of the dismissal and notice of completion of the diversion program, the court
shall grant the expungement without the filing of a motion or any further action by the court.
Signed March 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\144.wpd
CHAPTER 144
(HB 1281)
Supervision of persons on probation.
ENTITLED, An Act to revise certain provisions regarding persons on probation and to declare an
emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 23A-27 be amended by adding a NEW SECTION to read:
If a defendant is serving a probationary sentence under the supervision of the Unified Judicial
System and the same or any other sentencing court imposes a sentence on the defendant requiring
supervision by the executive branch, other than as provided under § 23A-27-18.1 or 23A-27-18.2,
the probationary supervision by the Unified Judicial System is immediately terminated. The court
that previously imposed the probationary sentence retains jurisdiction over the defendant to impose
a sentence to the Department of Corrections, or any other lawful sentence.
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 9, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\145.wpd
CHAPTER 145
(HB 1160)
The crime victim compensation program fund
and program transferred.
ENTITLED, An Act to transfer victim services from the Department of Social Services to the
Department of Public Safety, to increase a surcharge to increase revenues to the crime victims'
compensation fund, and to revise certain provisions regarding the awarding of claims from the
fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-28B-1 be amended to read:
23A-28B-1. Terms used in this chapter mean:
(1) "Claimant," any person entitled to apply for compensation pursuant to this chapter;
(2) "Commission," the South Dakota Crime Victims' Compensation Commission as
established by § 23A-28B-3;
(3) "Crime," conduct that occurs or is attempted in this state, including that arising from
domestic violence and acts of terrorism, as defined in 18 USC § 2331 as of January 1,
1997, which conduct results in personal injury or death and is punishable as a felony or
misdemeanor, or would be so punishable except that the person engaging in the conduct
lacked the capacity to commit the crime under the laws of this state. However, the term
does not include conduct arising out of the ownership, maintenance, or use of a motor
vehicle, boat, or aircraft unless the conduct was intended to cause or did recklessly cause
personal injury or death or unless the conduct constitutes a violation of § 32-23-1, 22-16-41, or 22-18-36;
(4) "Department," Department of Social Services Public Safety;
(5) "Dependent," any spouse, parent, grandparent, stepparent, child, stepchild, adopted child,
grandchild, brother, sister, half brother, half sister, or parent of the spouse of a deceased
victim who was wholly or partially dependent upon the victim's income at the time of the
victim's death, including any child of the victim born after the victim's death;
(6) "Economic loss," medical and hospital expenses, loss of earnings, loss of future earnings,
funeral and burial expenses, homicide scene cleanup expenses, limited personal property
losses, mileage, security devices, and loss of economic benefits or support to dependents,
including home maintenance and child care expenses;
(7) "Fund," the crime victims' compensation fund established by § 23A-28B-40;
(8) "Law enforcement officer," any person as defined in § 22-1-2;
(9) "Medical expense," the cost of all medical and dental services, mental health counseling,
dental and prosthetic devices, eyeglasses or other corrective lenses, including services
rendered in accordance with any method of healing recognized by the laws of this state
or the United States;
(10) "Person," any natural person;
(11) "Personal injury," actual bodily harm or emotional distress;
(12) "Victim," any person who suffers personal injury or death as a direct result of:
(a) A crime, including a federal crime occurring in this state;
(b) A good faith effort by the person to prevent the commission of a crime; or
(c) A good faith effort by the person to apprehend a person suspected of engaging in
a crime;
(13) "Homicide scene cleanup expenses," the cost of cleaning the scene of a homicide, if the
scene is a residence or an automobile, including removing, or attempting to remove, from
the crime scene, blood, dirt, stains, or other debris caused by the crime or the processing
of the crime scene. Compensation may be paid for services provided by persons who are
not members of the immediate family of the victim, including the victim's spouse, parents,
siblings and children, or persons who were not living with the victim at the time of the
crime;
(14) "Personal Property losses," the replacement value of property, including clothing and
bedding, used for evidentiary purposes;
(15) "Security devices," the cost to repair or install locks, door eyeholes, security lights, or
other similar security and safety measures necessary to ensure the safety of the victim.
Section 2. That § 23A-28B-25 be amended to read:
23A-28B-25. No claim for compensation may be awarded:
(1) Unless an application for compensation is filed with the department within one year after
the date of the personal injury or death and the personal injury or death was the result of
a crime which had been reported to a law enforcement officer or agency within five days
of its occurrence or, if the crime could not reasonably have been reported within such that
period, within five days of the date when a report could reasonably have been made. The
department may waive the one year application requirement for good cause shown;
(2) If the victim:
(a) Engaged in conduct which substantially contributed to the infliction of the victim's
injury or death or engaged in conduct which the victim should reasonably have
foreseen could lead to the injury or death. However, this subsection does not apply
to any victim defined in subsections 23A-28B-1(12)(b) and (c) or to any victim of:
a sex offense under chapter 22-22; human trafficking under chapter 22-49;
domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability
under chapter 22-46;
(b) Committed or otherwise participated in a crime which caused or contributed to the
victim's injury or death;
(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or
agency or with the department in the administration of this chapter. If a claimant
other than a victim fails or refuses to cooperate pursuant to this subsection, no
compensation may be awarded to that claimant; or
(3) To any claimant, if the award would unjustly benefit an offender or an accomplice.
Section 3. That § 1-36-35 be amended to read:
1-36-35. There is hereby created the Visitation Grant Advisory Group to allocate funds received
by the Department of Social Services Public Safety through Part D of Title IV (U.S.C. 651-669). The
advisory group shall be composed of three circuit court judges appointed by the Chief Justice of the
Supreme Court, two members in good standing of the South Dakota Bar Association with experience
in the law of domestic relations, custody, and visitation appointed by the Governor, two at large
members appointed by the Governor, and two legislators, one appointed by the speaker of the House
of Representatives and one appointed by the president pro tempore of the Senate. The terms of the
members of the first advisory group shall be:
(1) One-third selected for one-year terms;
(2) One-third selected for two-year terms; and
(3) One-third selected for three-year terms.
The term of each appointment to the advisory group is three years. No member may serve more than
two consecutive three-year terms. The members may elect a chair from among the members. The
advisory group shall be staffed by the Department of
Social Services Public Safety.
Section 4. That § 25-10-30 be amended to read:
25-10-30. The Department of Social Services Public Safety shall promulgate rules pursuant to
chapter 1-26 to:
(1) Establish minimum qualifications of sexual assault or domestic violence shelters or
service programs; and
(2) Evaluate the programs and services provided by sexual assault or domestic violence
shelters or service programs.
Section 5. That § 23A-28B-44 be amended to read:
23A-28B-44. No application for compensation may be considered by the department or
commission until July 1, 1992. No award of compensation may be made for a crime that occurs prior
to before July 1, 1992.
Section 6. That § 23A-28B-42 be amended to read:
23A-28B-42. In any criminal action for a violation of state law or county or municipal ordinance,
in addition to any other liquidated cost, penalty, assessment, surcharge, or fine provided by law, there
shall be levied a crime victims' compensation surcharge on each Class 2 misdemeanor, Class 1
misdemeanor, or felony conviction of two five dollars and fifty cents.
However, the surcharge imposed by this section does not apply to violations relating to parking
of vehicles. In a case of clear financial hardship when a fine is suspended in whole or in part, the
surcharge provided for in this section may be waived.
Section 7. That § 23A-28B-43 be amended to read:
23A-28B-43. The clerk of courts of each county shall collect any surcharge levied under § 23A-28B-42 and shall transmit such the collected surcharges within thirty days to the state treasurer who
shall place such the money received in the crime victims' compensation fund. For administration of
surcharge collection, the Unified Judicial System shall receive three one and one half percent of the
surcharge funds collected, to be deposited in the court automation fund. The department shall receive
twenty-seven thirteen and one half percent of surcharge funds collected for costs associated with
administering claims and for providing administrative services to the commission. Such Any
expenditures authorized from the fund shall be paid on warrants drawn by the state auditor on
vouchers approved by the secretary of the department.
Section 8. That § 23A-28B-25 be amended to read:
23A-28B-25. No claim for compensation may be awarded:
(1) Unless an application for compensation is filed with the department within one year after
the date of the personal injury or death and the personal injury or death was the result of
a crime which had been reported to a law enforcement officer or agency within five days
of its occurrence or, if the crime could not reasonably have been reported within such
period, within five days of the date when a report could reasonably have been made. The
department may waive the one year application requirement for good cause shown;
(2) If the victim:
(a) Engaged in conduct which substantially contributed to the infliction of the victim's
injury or death or engaged in conduct which the victim should reasonably have
foreseen could lead to the injury or death. However, this subsection does not apply
to any victim defined in subsections 23A-28B-1(12)(b) and (c)
or to any victim of:
a sex offense under chapter 22-22; human trafficking under chapter 22-49;
domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-
8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability
under chapter 22-46;
(b) Committed or otherwise participated in a crime which caused or contributed to the
victim's injury or death;
(c) Fails or refuses to cooperate fully with any appropriate law enforcement officer or
agency or with the department in the administration of this chapter. If a claimant
other than a victim fails or refuses to cooperate pursuant to this subsection, no
compensation may be awarded to that claimant; or
(3) To any claimant, if the award would unjustly benefit an offender or an accomplice.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\146.wpd
CHAPTER 146
(HB 1174)
Rights for crime victims.
ENTITLED, An Act to revise certain provisions regarding rights for crime victims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-28C-4 be amended to read:
23A-28C-4. For the purposes of this chapter, the term, victim, means any person being the direct
subject of an alleged act, which that would constitute a crime of violence as defined by subdivision
22-1-2(9), burglary in the second degree, simple assault between persons in a relationship described
in § 25-10-3.1 as defined in §§ 22-18-1 and 22-18-1.5, interference with emergency communication
as defined in § 49-31-29.2, violation of a protection order or no contact order as defined in § 25-10-13, disorderly conduct between persons in a relationship described in § 25-10-3.1, stalking as defined
in chapter 22-19A, a violation of chapter 22-22, a violation of chapter 22-49, or a driving or boating
under the influence vehicle accident, under the laws of South Dakota or the laws of the United
States. If the victim does not survive such act, is a minor, or is unable to comment, the term, victim,
means the members of the immediate family of the primary victim. The victim may also designate
a representative to act on the victim's behalf.
Section 2. That § 23A-28C-3 be amended to read:
23A-28C-3. A victim may seek a cause of action for injunctive relief to enforce the victim's
rights under S.D. Const., Art. VI, § 29 or this chapter. No other cause of action exists against any
person for a failure to comply with the terms of this chapter. If a victim as defined in § 23A-28C-4
alleges asserts in writing to the court with jurisdiction over the case that a violation of this chapter
has occurredand files the same with the court having jurisdiction over the criminal matter, the court,
the court shall act promptly to ensure the victim's rights and interests are protected in a manner no
less vigorous than the protections afforded to the defendant. The court, in its discretion, may
determine whether if additional hearings or orders are necessary to ensure compliance with the
chapter. The court shall clearly enter on the record the reasons for any decision regarding the
disposition of a victim's rights. A violation of any right set forth in § 23A-28C-1 does not constitute
grounds for an appeal from conviction by a defendant or for any other relief from such conviction.
Section 3. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act may prevent interagency multidisciplinary teams from sharing information
for the purposes of investigating a crime or providing services to victims, as defined in § 23A-28C-4,
in the course of the team member's speciality or occupation. Any information regarding a victim that
a team member shares with other team members shall remain confidential, pursuant to this title and
if the victim is a child, pursuant to § 26-8A-13. A team shall consist of law enforcement personnel,
a representative of the prosecuting attorney's office, licensed or certified medical professionals, and
any victim advocate. Any interagency multidisciplinary team formed to investigate crimes involving
child victims shall also include child advocacy center staff where such staff is available in the region,
Department of Social Services child protection staff, and licensed or certified mental health
professionals. The team may include additional members at the discretion of the team if the
additional member would benefit the victim. Each multidisciplinary team shall have written
procedures and guidelines. Multidisciplinary team members shall annually sign a memorandum of
understanding acknowledging the procedure and guidelines. The memorandum of understanding
shall also include an information sharing and confidentiality agreement, approved by the attorney
general, assuring compliance with title 23A.The multidisciplinary team shall file a list of team
members and the memorandums of understanding with the Office of the Attorney General and the
Department of Social Services as required by § 26-8A-17.
Signed March 21, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\147.wpd
CHAPTER 147
(HB 1095)
Clerk magistrate jurisdiction revised.
ENTITLED, An Act to revise certain provisions regarding clerk magistrate jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-45-9 be amended to read:
23A-45-9. Terms used in this title, unless the context plainly requires otherwise, shall mean:
(1) "Class 1 misdemeanor," any misdemeanor which has been classified as a Class 1
misdemeanor or any unclassified misdemeanor which may be punished by a maximum
imprisonment of more than thirty days the same as the term is defined in § 22-6-2;
(2) "Class 2 misdemeanor," any misdemeanor which has been classified as a Class 2
misdemeanor or any unclassified misdemeanor which may be punished by a maximum
imprisonment of thirty days or less the same as the term is defined in § 22-6-2;
(3) "Committing magistrate," any of the following persons:
(a) A justice of the Supreme Court;
(b) A judge of the circuit court;
(c) A magistrate judge;
(d) A nonlaw-trained magistrate when acting within the authority conferred
by § 16-
12A-13 or 16-12A-14 under chapter 16-12C;
(4) "Defendant," the party prosecuted in a criminal proceeding or a proceeding for the
violation of an ordinance, bylaw, or police regulation of a unit of local government. A
person becomes a defendant when he is arrested or summoned pursuant to § 23A-2-9,
23A-2-11, or 23A-3-1;
(5) "Former acquittal," a plea to prevent a criminal action, stating that the defendant has been
charged and tried for the same alleged offense and has been acquitted. If a defendant was
formerly acquitted on the ground of variance between an indictment or information and
the proof, or if an indictment or information was dismissed upon an objection to its form
or substance, without a judgment of acquittal, it is not an acquittal of the same offense;
(6) "Held to answer," the time at which an indictment or information is filed against a person;
(7) "In camera," the judge viewing material in private, without either of the parties with
neither party present;
(8) "In chambers," the judge and the parties determining a matter in the private office of the
judge;
(9) "Law enforcement officer," an officer or employee of the state or any of its units of local
government, or of the United States, or an employee of a railroad or express company
while on duty, who is responsible for the prevention or detection of crimes criminal
activity or for the enforcement of the criminal or highway traffic laws of the state. This
definition shall not be construed as extending Nothing in this subdivision may be
interpreted to extend the territorial jurisdiction, statutory jurisdiction, or statutory
authority of any law enforcement officer or employee included in this definition;
(10) "Night," the period from 8:00 p.m. to 8:00 a.m., local time;
(11) "Oath," an oath or an affirmation;
(12) "Ordinance, bylaw, or police regulation," any rule of conduct promulgated by a unit of
local government which that may be punished by imprisonment or a fine, or both, for its
a violation. As used in For purposes of this subdivision, the word " term, fine", does not
include deposits for services to be rendered, licensing fees, or fees imposed for late
payments for services rendered;
(13) "Peace officer," a law enforcement officer;
(14) "Prosecuting attorney," the attorney general, an assistant attorney general, a special
assistant attorney general, a state's attorney or an assistant state's attorney, a special
prosecutor appointed by a court, a city attorney or any of his deputies deputy of the city
attorney, or any attorney engaged by the state or a unit of local government to prosecute
a criminal proceeding or a proceeding for the violation of an ordinance, bylaw, or police
regulation of a unit of local government;
(15) "State," the State of South Dakota and any of its units of local government;
(16) "Subpoena," the process by which the attendance of a witness is required before a court,
magistrate, or grand jury, or for the purpose of being deposed, is required;
(17) "Unit of local government," a chartered governmental unit, county, township,
municipality,
and or any other subdivision of the state
which that may enforce its
ordinances, bylaws, or regulations by bringing a court action
which that may result in a
fine or imprisonment being imposed on the defendant thereof.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\148.wpd
CHAPTER 148
(HB 1077)
Update language regarding capital punishment and revise
mandatory sentence for persons with an intellectual disability.
ENTITLED, An Act to update certain language regarding capital punishment and to revise the
mandatory sentence for persons with an intellectual disability convicted of murder in the first
degree.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 23A-27A-26.1 be amended to read:
23A-27A-26.1. Notwithstanding any other provision of law, the death penalty may not be
imposed upon any person who was mentally retarded intellectually disabled at the time of the
commission of the offense and whose mental retardation intellectual disability was manifested and
documented before the age of eighteen years.
Section 2. That § 23A-27A-26.2 be amended to read:
23A-27A-26.2. As used in §§ 23A-27A-26.1 to 23A-27A-26.7, inclusive, mental retardation
intellectual disability means significant subaverage general intellectual functioning existing
concurrently with substantial related deficits in applicable adaptive skill areas. An intelligence
quotient exceeding seventy on a reliable standardized measure of intelligence is presumptive
evidence that the defendant does not have significant subaverage general intellectual functioning.
Section 3. That § 23A-27A-26.3 be amended to read:
23A-27A-26.3. Not later than ninety days prior to before the commencement of trial, the
defendant may upon a motion alleging reasonable cause to believe the defendant was mentally
retarded intellectually disabled at the time of the commission of the offense, apply for an order
directing that a mental retardation an intellectual disability hearing be conducted prior to before trial.
If, upon review of the defendant's motion and any response thereto to the defendant's motion, the
court finds reasonable cause to believe the defendant was mentally retarded, it intellectually disabled,
the court shall promptly conduct a hearing without a jury to determine whether the defendant was
mentally retarded intellectually disabled. If the court finds after the hearing that the defendant was
not mentally retarded intellectually disabled at the time of the commission of the offense, the court
shall, prior to before commencement of trial, enter an order so statingmental retardation an intellectual disability at the sentencing phase of the trial. If the court finds after
the hearing that the defendant established mental retardation an intellectual disability by a
preponderance of the evidence, the court shall prior to before commencement of trial, enter an order
so stating the court's finding. Unless the order is reversed on appeal, a separate sentencing
proceeding under this section may not be conducted if the defendant is thereafter convicted of
murder in the first degree. If a separate sentencing proceeding is not conducted, the court, upon
conviction of a defendant for the crime of murder in the first degree, shall sentence the defendant to
life imprisonment without parole.
Section 4. That § 23A-27A-26.4 be amended to read:
23A-27A-26.4. If the court enters an order pursuant to § 23A-27A-26.3 finding that the
defendant was mentally retarded intellectually disabled at the time of the commission of the offense,
the state may appeal as of right from the order. Upon entering such an order, the court shall afford
the state a reasonable period of time, which may not be less than ten days, to determine whether to
take an appeal from the order finding that the defendant was mentally retarded intellectually
disabled. The taking of an appeal by the state stays the effectiveness of the court's order and any
order fixing a date for trial.
Section 5. That § 23A-27A-26.5 be amended to read:
23A-27A-26.5. If a defendant serves notice pursuant to § 23A-27A-26.3, the state may make
application, upon notice to the defendant, for an order directing that the defendant submit to an
examination by a psychiatrist, licensed psychologist, or licensed psychiatric social worker designated
by the state's attorney, for the purpose of rebutting evidence offered by the defendant. Counsel for
the state and the defendant have the right to be present at the examination. A videotaped recording
of the examination shall be made available to the defendant and the state's attorney promptly after
its conclusion. The state's attorney shall promptly serve on the defendant a written copy of the
findings and evaluation of the examiner. If a defendant is subjected to an examination pursuant to
an order issued in accordance with this section, any statement made by the defendant for the purpose
of the examination is inadmissible in evidence against the defendant in any criminal action or
proceeding on every issue other than that of whether the defendant was mentally retarded
intellectually disabled at the time of the commission of the offense, but such statement is admissible
upon such an issue whether or not it would otherwise be deemed a privileged communication.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\148.wpd
PENAL INSTITUTIONS, PROBATION AND PAROLE
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\149.wpd
CHAPTER 149
(SB 155)
Liability for the cost of jail confinement.
ENTITLED, An Act to revise certain provisions regarding the liability of the cost of jail
confinement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-11-45 be amended to read:
24-11-45. A prisoner confined to any jail while serving a sentence is liable for the cost of the
prisoner's confinement including room and board charges; medical, dental, optometric, and
psychiatric services charges; vocational education training; and chemical dependency treatment
charges; and transportation costs as set forth in subdivision 7-12-18(4), where transporting the
prisoner is required. If, after considering the prisoner's net income, net worth, number of dependents,
and any existing obligations, the judge who sentenced the prisoner to jail determines that the prisoner
is unable to pay the full amount at one time, the judge may waive all or part of the allow the prisoner
to set up a deferred payment plan for payment for the costs of the inmate's confinement or waive all
or part of the payment if the prisoner demonstrates an inability to pay.
Section 2. That § 24-11-45.1 be amended to read:
24-11-45.1. Whenever If any county pays for the costs of confining a prisoner serving a sentence
in a county jail, the county shall have a lien pursuant to chapter 28-14, unless all or part of such costs
or charges are waived pursuant to § 24-11-45.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\149.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\150.wpd
CHAPTER 150
(HB 1280)
The calculation of suspended prison sentences.
ENTITLED, An Act to revise certain provisions regarding the calculation of suspended prison
sentences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-15A-6 be amended to read:
24-15A-6. The department shall establish the sentence discharge date for each inmate based on
the total sentence length, minus court ordered jail time credit. The total sentence length is the sum
of imprisonment time and any suspended time. In the case of an entirely suspended penitentiary
sentence under the supervision of the Department of Corrections and the Board of Pardons and
Paroles pursuant to §§ 22-6-11, 23A-27-18.4, and 23A-27-19, the total sentence length is the term
of imprisonment that has been suspended. Each inmate shall be under the jurisdiction of the
department, either incarcerated or under parole release or a combination, for the entire term of the
inmate's total sentence length unless the board grants an early final discharge pursuant to § 24-15A-8, a partial early final discharge pursuant to § 24-15A-8.1, the court modifies the sentence, the
inmate receives earned discharge credits pursuant to § 24-15A-50, the inmate receives a compliant
discharge pursuant to § 16-22-29, or the sentence is commuted.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\150.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\151.wpd
CHAPTER 151
(HB 1052)
The executive director of the Board of Pardons and Paroles
may issue a warrant.
ENTITLED, An Act to authorize the executive director of the Board of Pardons and Paroles to issue
a warrant in the event of any escape from extended confinement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-15-14 be amended to read:
24-15-14. The Department of Corrections shall exercise supervision over all paroled prisoners
,
and shall, subject to chapter 3-6A,. The secretary of corrections shall employ or appoint
such officers
and employees
, pursuant to chapter 3-6D, as may be necessary to accomplish the proper supervision
of parolees, persons on parole under a suspended sentence, and inmates on work release or
house
arrest extended confinement pursuant to §§ 24-2-25 and 24-2-27.
Section 2. That § 24-15-21 be amended to read:
24-15-21. If the executive director of the board is satisfied that any provision of § 24-15-20 or
24-15A-27 has been violated or an inmate under parole supervision in the community has escaped,
the executive director may issue a warrant to the Department of Corrections, any a law enforcement
officer, or any parole agent, directing that the parolee or inmate named be arrested. Pursuant to the
provisions of § 24-15-23, the parolee may be returned to the state penitentiary. Upon the issuance
of the warrant, the running of the parole supervision time shall be suspended until the board has
entered its a final order on the revocation. The board shall credit the inmate with time spent in
custody as a direct result of the parole violation.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\151.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\152.wpd
CHAPTER 152
(HB 1054)
Crimes that are considered violent
for parole calculation purposes.
ENTITLED, An Act to revise certain provisions regarding crimes that are considered violent for
parole calculation purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 24-15A-32 be amended to read:
24-15A-32. Each inmate sentenced to a penitentiary term, except those under a sentence of life
or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, shall have an
initial parole date set by the department. This date shall be calculated by applying the percentage
indicated in the following grid to the full term of the inmate's sentence pursuant to § 22-6-1. The
following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit,
any of the following crimes shall be considered a violent crime for purposes of setting an initial
parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree
or, burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual
contact as defined in §§ 22-22-7 and 22-22-19.1, child abuse, felony sexual contact as defined in
§ 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a child in an
obscene act, felony assault as defined in §§ 22-18-26 and 22-18-29, felony simple assault as defined
in § 22-18-1, aggravated criminal battery of an unborn child as defined in § 22-18-1.3, aggravated
battery of an infant as defined in § 22-18-1.4, assault with intent to cause serious permanent
disfigurement as defined in § 22-18-1.5, commission of a felony while armed as defined in §§ 22-14-12 and 22-14-13.1, discharging a firearm at an occupied structure or motor vehicle as defined in
§ 22-14-20, discharging a firearm from a moving vehicle as defined in § 22-14-21, criminal
pedophilia as defined in § 22-22-30.1, threatening to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined in § 22-46-2, and aggravated incest as defined in
§§ 22-22A-3 and 22-22A-3.1:
|
Felony Convictions
|
|
Felony Class
|
First
|
Second
|
Third
|
|
Nonviolent
|
|
|
|
|
Class 6
|
.25
|
.30
|
.40
|
|
Class 5
|
.25
|
.35
|
.40
|
|
Class 4
|
.25
|
.35
|
.40
|
|
Class 3
|
.30
|
.40
|
.50
|
|
Class 2
|
.30
|
.40
|
.50
|
|
Class 1
|
.35
|
.40
|
.50
|
|
Class C
|
.35
|
.40
|
.50
|
|
Violent
|
|
|
|
|
Class 6
|
.35
|
.45
|
.55
|
|
Class 5
|
.40
|
.50
|
.60
|
|
Class 4
|
.40
|
.50
|
.65
|
|
Class 3
|
.50
|
.60
|
.70
|
|
Class 2
|
.50
|
.65
|
.75
|
|
Class 1
|
.50
|
.65
|
.75
|
|
Class C
|
.50
|
.65
|
.75
|
|
Class B
|
1.0
|
1.0
|
1.0
|
|
Class A
|
1.0
|
1.0
|
1.0
|
Each inmate shall serve at least sixty days prior to parole release. Inmates with life sentences are
not eligible for parole. An initial parole date through the application of this grid may be applied to
a life sentence only after the sentence is commuted to a term of years. A Class A or B felony
commuted to a number of years shall be applied to the Class C violent column of the grid. An inmate
convicted of a Class A or B felony who was a juvenile at the time of the offense and receives a
sentence of less than life shall be applied to the Class C violent column of the grid.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\152.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\153.wpd
CHAPTER 153
(HB 1053)
Earned discharge credits for inmates.
ENTITLED, An Act to provide certain earned discharge credits for inmates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 24-15A be amended by adding a NEW SECTION to read:
The department may grant an inmate up to ninety days of earned discharge credits for each
program completion; up to ninety days of earned discharge credits upon completion of three hundred
sixty hours of satisfactory work not to exceed one hundred eighty days of earned discharge credit for
work in a twelve-month period; and up to three hundred sixty-five days of earned discharge credits
for heroic acts in life threatening situations, through significant efforts in disaster response or by
providing exceptional assistance in maintaining the safety and security of a prison. Each program
shall fit the definition of evidence based practices as defined in § 16-22-1, or consist of an academic
or vocational program. Earned discharge credits under this section may be granted if in the
judgement of the warden and the secretary of corrections, the inmate has met the criteria set forth
in this section. Nothing in this section may be the basis for establishing a constitutionally protected
liberty, property, or due process interest in any inmate. Any earned discharge credit under this
section shall be applied to the sentence prior to the calculation of the initial parole date.
Section 2. That § 24-15A-6 be amended to read:
24-15A-6. The department shall establish the sentence discharge date for each inmate based on
the total sentence length, minus court ordered jail time credit. Each inmate shall be under the
jurisdiction of the department, either incarcerated or under parole release or a combination, for the
entire term of the inmate's total sentence length unless the board grants an early final discharge
pursuant to § 24-15A-8, a partial early final discharge pursuant to § 24-15A-8.1, the court modifies
the sentence, the inmate receives earned discharge credits pursuant to § 24-15A-50 or section 1 of
this Act, the inmate receives a compliant discharge pursuant to § 16-22-29, or the sentence is
commuted.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\153.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\154.wpd
CHAPTER 154
(HB 1109)
Parole eligibility and early final discharge for certain inmates.
ENTITLED, An Act to provide for parole eligibility for certain inmates.
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 contrary provision in chapter 24-13, 24-15, or 24-15A, an inmate who:
(1) Has a terminal illness;
(2) Is seriously ill and not likely to recover;
(3) Requires extensive medical care or significant chronic medical care;
(4) Is at least sixty-five years of age, has served at least ten consecutive years of the inmate's
sentence incarcerated, whose current sentences are for convictions of a Class 3 felony or
below and whose medical care needs are at least double the average annual medical cost
of the inmate population; or
(5) Is at least seventy years of age and has served at least thirty consecutive years of the
inmate's sentence incarcerated; and
(6) Is not serving a capital punishment sentence;
is eligible for compassionate parole consideration.
Section 2. That the code be amended by adding a NEW SECTION to read:
The secretary of corrections may consider referrals for compassionate parole consideration from
the inmate's health care provider or the warden. If the secretary determines the inmate meets the
criteria for compassionate parole consideration as set forth in section 1 of this Act, the secretary may
refer the inmate for a compassionate parole hearing. The executive director of the Board of Pardons
and Paroles shall schedule a discretionary, compassionate parole hearing with the board within three
months of receipt of the referral.
Section 3. That the code be amended by adding a NEW SECTION to read:
The Board of Pardons and Paroles shall consider the following factors in determining the grant
or denial of a compassionate parole:
(1) The inmate's assessed risk level;
(2) The inmate's conduct in prison;
(3) The inmate's conduct while on extended confinement, if applicable;
(4) Sentence served and sentence remaining;
(5) Offense and chronicity of criminal behavior;
(6) Prognosis and incapacitation level;
(7) The inmate's compliance with health care ordered by a health care provider;
(8) Release plan including provisions for health care;
(9) Input, if any, of the sentencing judge, the prosecuting attorney, and the victim;
(10) If the care and supervision that the inmate requires and is anticipated to require can be
provided in a more medically appropriate or cost effective manner than the Department
of Corrections;
(11) Allowing a geriatric or terminally ill person to live at a location outside of prison prior to
death; and
(12) The ability to adequately monitor the inmate, after release, to ensure public safety.
Section 4. That the code be amended by adding a NEW SECTION to read:
An inmate may not be released on compassionate parole if the inmate meets the eligibility
requirements of a medically indigent person under the provisions of chapter 28-13. An inmate may
not be released on compassionate parole, unless the inmate's release plan ensures the inmate's health
care expenses will be paid either by the inmate or a third party payer including Medicare, Medicaid,
Indian Health Service, veteran's assistance, or private insurance.
Section 5. That the code be amended by adding a NEW SECTION to read:
The board may grant or deny a compassionate parole. If denied the board shall set the date for
the next consideration of compassionate parole not to exceed one year. The board may elect to
review the inmate sooner than one year. If the inmate no longer meets the criteria for compassionate
parole as set forth in section 1 of this Act, the inmate's health care provider or the warden shall notify
the secretary of corrections. The secretary may remove the inmate from compassionate parole
consideration. An inmate removed from compassionate parole consideration is subject to applicable
parole provisions under chapters 24-13, 24-15, and 24-15A notwithstanding the provisions of this
Act or a pending compassionate parole hearing. If an inmate is released on compassionate parole and
is compliant with the terms of the inmate's supervision, no longer meeting the criteria for
compassionate parole in section 1 of this Act does not constitute grounds for parole revocation.
Section 6. That the code be amended by adding a NEW SECTION to read:
An inmate is ineligible for compassionate parole once the inmate reaches the parole eligibility
date pursuant to § 24-15-5 or the inmate's initial parole date pursuant to § 24-15A-32. However, if
an inmate previously referred by the secretary for compassionate parole continues to meet the criteria
for compassionate parole consideration as outlined in section 1 of this Act the factors listed in
section 3 of this Act shall be considered in any subsequent discretionary parole release decision.
Section 7. That the code be amended by adding a NEW SECTION to read:
An inmate granted compassionate parole is subject to the provisions of chapters 24-13, 24-15,
and 24-15A, including the provisions related to supervision, early final discharge, and revocation of
parole, so far as those provisions are consistent with this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act or its application may be the basis for establishing a constitutionally
protected liberty, property, or due process interest in any prisoner. An inmate is not entitled to
compassionate parole or to be considered for compassionate parole. Compassionate parole may be
recommended by the secretary and granted by the board if, in the judgement of the secretary and the
board, the inmate meets the eligibility criteria for compassionate parole pursuant to section 1 of this
Act and a compassionate parole release is unlikely to pose a detriment to the offender, victim, or
community. The decision of the board regarding compassionate parole release is final.
Section 9. That the code be amended by adding a NEW SECTION to read:
Nothing in this Act or its application impacts the ability of the warden and the secretary of
corrections to place an inmate on extended confinement pursuant §§ 24-2-25 and 24-2-27 or to place
the inmate on extended confinement pending compassionate parole consideration.
Section 10. That the code be amended by adding a NEW SECTION to read:
Pursuant to chapter 1-26, the board may promulgate procedural rules for the effective
enforcement of this Act and for the exercise of the powers and duties conferred upon it.
Section 11. That § 24-15-4 be amended to read:
24-15-4. No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons
and Paroles except as provided in this Act.
Section 12. That § 24-15A-32 be amended to read:
24-15A-32. Each inmate sentenced to a penitentiary term, except those under a sentence of life
or death, or determined to be ineligible for parole as authorized in § 24-15A-32.1, shall have an
initial parole date set by the department. This date shall be calculated by applying the percentage
indicated in the following grid to the full term of the inmate's sentence pursuant to § 22-6-1. The
following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit,
any of the following crimes shall be considered a violent crime for purposes of setting an initial
parole date: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree,
or burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual
contact as defined in §§ 22-22-7 and 22-22-19.1, child abuse, felony sexual contact as defined in
§ 22-22-7.2, felony stalking as defined in §§ 22-19A-2 and 22-19A-3, photographing a child in an
obscene act, felony assault as defined in § 22-18-26, felony simple assault as defined in § 22-18-1,
commission of a felony while armed as defined in §§ 22-14-12 and 22-14-13.1, discharging a firearm
at an occupied structure or motor vehicle as defined in § 22-14-20, discharging a firearm from a
moving vehicle as defined in § 22-14-21, criminal pedophilia as defined in § 22-22-30.1, threatening
to commit a sexual offense as defined in § 22-22-45, abuse or neglect of a disabled adult as defined
in § 22-46-2, and aggravated incest as defined in §§ 22-22A-3 and 22-22A-3.1:
|
Felony Convictions
|
|
Felony Class
|
First
|
Second
|
Third
|
|
Nonviolent
|
|
|
|
|
Class 6
|
.25
|
.30
|
.40
|
|
Class 5
|
.25
|
.35
|
.40
|
|
Class 4
|
.25
|
.35
|
.40
|
|
Class 3
|
.30
|
.40
|
.50
|
|
Class 2
|
.30
|
.40
|
.50
|
|
Class 1
|
.35
|
.40
|
.50
|
|
Class C
|
.35
|
.40
|
.50
|
|
Violent
|
|
|
|
|
Class 6
|
.35
|
.45
|
.55
|
|
Class 5
|
.40
|
.50
|
.60
|
|
Class 4
|
.40
|
.50
|
.65
|
|
Class 3
|
.50
|
.60
|
.70
|
|
Class 2
|
.50
|
.65
|
.75
|
|
Class 1
|
.50
|
.65
|
.75
|
|
Class C
|
.50
|
.65
|
.75
|
|
Class B
|
1.0
|
1.0
|
1.0
|
|
Class A
|
1.0
|
1.0
|
1.0
|
Each inmate shall serve at least sixty days prior to parole release. Inmates with life sentences are
not eligible for parole
except as provided in this Act. An initial parole date through the application
of this grid may be applied to a life sentence only after the sentence is commuted to a term of years.
A Class A or B felony commuted to a number of years shall be applied to the Class C violent column
of the grid. An inmate convicted of a Class A or B felony who was a juvenile at the time of the
offense and receives a sentence of less than life shall be applied to the Class C violent column of the
grid.
Section 13. That chapter 24-15A be amended by adding a NEW SECTION to read:
An inmate on parole through a compassionate parole release is ineligible for earned discharge
credits until the inmate reaches an initial parole date pursuant § 24-15A-32 or an initial parole
eligibility date pursuant to § 24-15-5.
Section 14. That chapter 24-15A be amended by adding a NEW SECTION to read:
If an inmate on parole through a compassionate parole release has the inmate's parole revoked,
a subsequent consideration of compassionate parole on the same sentence requires a new referral for
consideration pursuant to section 2 of this Act.
Section 15. That the code be amended by adding a NEW SECTION to read:
As a condition of supervision pursuant to § 24-15A-37, any inmate released on compassionate
parole shall be compliant with medical care and maintain responsibility for health care expenses
through self pay or third party payer.
Section 16. That the code be amended by adding a NEW SECTION to read:
When a parolee released under compassionate parole reaches their initial parole date pursuant
to § 24-15A-32 or their parole eligibility date pursuant to § 24-15-5 and is paroled subject to the
provisions of chapters 24-15 and 24-15A they are no longer subject to the provisions of this Act.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\154.wpd
DOMESTIC RELATIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\155.wpd
CHAPTER 155
(SB 165)
Child custody and visitation enforcement.
ENTITLED, An Act to revise certain provisions regarding child custody and visitation and the
enforcement of those provisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 25-4A be amended by adding a NEW SECTION to read:
Any order of the court for parenting time shall have attached a copy of § 25-4A-5.
Section 2. That chapter 25-4A be amended by adding a NEW SECTION to read:
If a noncustodial parent believes that the custodial parent has willfully violated or willfully failed
to comply with any provisions of a custody or visitation decree, the noncustodial parent may file with
the court clerk a motion for enforcement of visitation rights. The motion shall be filed on a form
provided by the court clerk. Upon filing of the motion, the court shall immediately set a hearing on
the motion, which may not be more than twenty-one days after the filing of the motion.
Section 3. That § 25-4A-5 be amended to read:
25-4A-5. If the court finds that any party has willfully violated or willfully failed to comply with
any provisions of a custody or visitation decree, the court shall impose appropriate sanctions to
punish the offender or to compel the offender to comply with the terms of the custody or visitation
decree.
Sanctions which the court may, in its discretion, order include The court may enter an order
clarifying the rights and responsibilities of the parents and the court's order. The court may order one
or more of the following sanctions:
(1) To require the offender to provide the other party with make up time with the child equal
to the time missed with the child, due to the offender's noncompliance;
(2) To require the offender to pay, to the other party, court costs and reasonable attorney's
fees incurred as a result of the noncompliance;
(3) To require the offender to pay a civil penalty of not more than the sum of one thousand
dollars;
(4) To require the offender to participate satisfactorily in counseling or parent education
classes;
(5) To require the offender to post bond or other security with the court conditional upon
future compliance with the terms of the custody or visitation decree or any ancillary court
order;
(6) To impose a jail sentence on the offender of not more than three days; or
(7) In the event of an aggravated violation or multiple violations, the court may modify the
existing visitation or custody situation, or both of any minor child.
The provisions of this section do not prohibit the court from imposing any other sanction
appropriate to the facts and circumstances of the case.
Section 4. That chapter 25-4A be amended by adding a NEW SECTION to read:
The Unified Judicial System shall develop and maintain the form on its website labeled,
parenting time enforcement. The form shall include the following information:
(1) The court case number;
(2) The name of the custodial parent and the name of the noncustodial parent;
(3) The name and date of birth of each child;
(4) The reasons for the petition, including the last date of visitation and number of visitations
in the last twelve months; and
(5) The petitioner's contact information.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\155.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\156.wpd
CHAPTER 156
(SB 140)
Objection to a custody or visitation order.
ENTITLED, An Act to revise provisions regarding an objection to a custody or visitation order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4A-13 be amended to read:
25-4A-13. If either party objects to the initial custody arrangement in § 25-4A-11 or the standard
guidelines, the court shall order a hearing which shall be held not later than thirty days after the date
of the objection. In making an order for temporary custody, the order for custody shall reflect the
degree of each parent's demonstrated participation in the child's life. The court shall issue its a
temporary custody and visitation order after considering the best interests of the child consistent with
the provisions of § 25-4-45. If the order for temporary custody results in less than a substantially
equal parenting time, the court shall construct a parenting time schedule that maximizes the time
each parent has with the child consistent with each parent's demonstrated participation in the child's
life and is consistent with ensuring the child's welfare. Each temporary custody order shall include
specific findings of fact and conclusions of law, except if the court confirms the agreement of the
parties.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\156.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\157.wpd
CHAPTER 157
(SB 167)
The consideration of joint physical custody of a minor.
ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody
of a minor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-4A-24 be amended to read:
25-4A-24. In considering a contested request for joint physical custody, in addition to the
traditional factors for determining the best interests of a child, the court shall consider the following
factors:
(1) Whether each parent is a suitable physical custodian for the child;
(2) Whether each parent has an appropriate dwelling to support physical custody of the child;
(3) Whether the psychological and emotional needs and the development of the child will
suffer due to lack of active contact with, and attention from, both parents if joint physical
custody is not granted;
(4) Whether one parent has denied, without just cause, the child the opportunity for
continuing contact with the other parent. Facts supporting an application of the
presumption in § 25-4-45.5 constitute just cause;
(5) Whether the parents can show mutual respect for and effectively communicate with each
other regarding the child's needs. When considering this factor, the court shall include a
determination of the degree to which the parents are in general agreement about their
approach to daily child rearing matters;
(6) The extent to which both parents actively care for the child;
(7) Whether each parent can support the other parent's relationship with the child. When
considering this factor, the court shall include a determination of conflict between the
parents, as joint physical custody requires substantial and regular interaction between the
parents on a myriad of issues;
(8) Whether the joint physical custody arrangement is in accord with the child's wishes or
whether the child has strong opposition to joint physical custody, taking into
consideration the child's age, maturity, and reason for the objection;
(9) Whether a parent has intentionally alienated or interfered with the other parent's
relationship with the child;
(10) Whether one or both parents are opposed to joint physical custody. A parent's opposition
to joint physical custody is not determinative in itself, but only one factor for the court to
consider;
(11) The geographic proximity of the parents;
(12) Whether the safety of the child, other children, or the other parent will be jeopardized by
an award of joint physical custody;
(13) Whether a parent allows another person custody or control of, or unsupervised access to,
a child after knowing the person is required to register or is on the sex offender registry
as a sex offender under chapter 22-24B;
(14) Whether a parent has attempted to influence a custody determination by alleging, falsely
or without good cause, that the child or the sibling of the child has been subjected to
physical or sexual abuse or abuse and neglect, as set forth in § 25-4-45.8;
(15) Whether a parent is physically and mentally capable of providing temporal, mental, and
moral wellness for the child;
(16) Whether a parent has the capacity and disposition to provide the child with protection,
food, clothing, medical care, and other basic needs;
(17) Whether a parent is willing and capable to provide the child love, affection, guidance,
and education in order to impart the family's religion or creed;
(18) Whether a parent is committed to prepare the child for responsible adulthood, as well as
to ensure that the child experiences a fulfilling childhood;
(19) Whether a parent provides exemplary modeling so that the child witnesses firsthand what
it means to be a good parent, a loving spouse, and a responsible citizen;
(20) Whether a parent provides a stable and consistent home environment including the
relationship and interaction of the child with the parents, stepparents, siblings, and
extended families;
(21) The extent of the child's adjustment in regards to home, school, and community;
(22) Whether a break in attachment with the parent whom the child has formed a closer
attachment would cause detriment due to the break in continuity for the child; and
(23) Whether a parent is guilty of misconduct that may have a harmful effect on the child.
Signed March 6, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\158.wpd
CHAPTER 158
(SB 74)
The minimum difference in age
between adoptive parent and child, an exception.
ENTITLED, An Act to create an exception to the minimum difference in age between adoptive
parent and child and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-6-2 be amended to read:
25-6-2. Any minor child may be adopted by any adult person. However, the person adopting the
child must shall be at least ten years older than the person child adopted unless the court finds the
adoption of the child by the adult person in the best interest of the child.
In an adoption proceeding or in any proceeding that challenges an order of adoption or order
terminating parental rights, the court shall give due consideration to the interests of the parties to the
proceedings, but shall give paramount consideration to the best interests of the child.
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 February 27, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\159.wpd
CHAPTER 159
(HB 1269)
The time frame for consent in adoption proceedings.
ENTITLED, An Act to revise certain provisions regarding the time frame for consent in adoption
proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-6-4 be amended to read:
25-6-4. No child may be adopted without the consent of the child's parents. However, if it is in
the best interest of the child, the court may waive consent from a parent or putative father who:
(1) Has been convicted of any crime punishable by imprisonment in the penitentiary for a
period that, in the opinion of the court, will deprive the child of the parent's
companionship for a critical period of time;
(2) Has, by clear and convincing evidence, abandoned the child for six months or more
immediately prior to the filing of the petition;
(3) Has substantially and continuously or repeatedly neglected the child and refused to give
the child necessary parental care and protection;
(4) Being financially able, has willfully neglected to provide the child with the necessary
subsistence, education, or other care necessary for the child's health, morals, or welfare
or has neglected to pay for such subsistence, education, or other care if legal custody of
the child is lodged with others and such payment ordered by the court;
(5) Is unfit by reason of habitual abuse of intoxicating liquor or narcotic drugs;
(6) Has been judicially deprived of the custody of the child, if the adjudication is final on
appeal to the court of last resort or the time for an appeal has expired;
(6A) Has caused the child to be conceived as a result of rape or incest; or
(7) Does not appear personally or by counsel at the hearing to terminate parental rights after
notice pursuant to §§ 25-5A-11 and 25-5A-12 which was received at least thirty fifteen
days prior to the hearing.
Signed March 22, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\160.wpd
CHAPTER 160
(HB 1039)
Child support obligations and medical services to the indigent,
outdated requirements repealed.
ENTITLED, An Act to repeal certain outdated and unnecessary provisions regarding certain child
support obligations and medical services to the indigent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-7-6.8 be repealed.
Section 2. That § 25-7-21 be repealed.
Section 3. That § 28-6-4.6 be repealed.
Signed February 14, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\161.wpd
CHAPTER 161
(SB 139)
Child custody, revisions.
ENTITLED, An Act to revise certain provisions relating to child support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-7-6.24 be amended to read:
25-7-6.24. If the parents of a child have agreed to a change in the physical custody of the child
without the court's approval, the parent who relinquished physical custody may be ordered to pay
child support to the parent who gained physical custody of the child even though the custody order
has not been modified to reflect the change in custody.
There is a rebuttable presumption that a parent has agreed to a change in physical custody if the
change has occurred for a period of one hundred twenty consecutive days or more and the parent has
not formally objected to the court, even in the absence of a formal written agreement.
Signed March 6, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\162.wpd
CHAPTER 162
(HB 1038)
The medical support obligations of a parent to a child, expressed.
ENTITLED, An Act to revise certain provisions regarding the medical support obligations to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (21) of § 25-7A-1 be amended to read:
(21) "Medical support," the provision of a health insurance benefit plan or cash medical
support payment, including any employer sponsored group health plan or self-insured
plan, or any individual health insurance policy, or public health care coverage, to meet the
medical needs of a dependent child including the cost of any premium required by such
a health insurance benefit plan, an amount ordered to be paid toward the cost of health
insurance provided by a public entity or by another parent through employment or
otherwise, or for other medical costs not covered by insurance;
Section 2. That § 25-7-6.16 be amended to read:
25-7-6.16. The court shall enter an order addressing how the child's health care needs will be met
by medical support to be provided by one or both of the parents. The medical support order shall
include a provision for medical insurance if the insurance is accessible for the child and available
to a parent at reasonable cost. Enrollment in public health coverage does not satisfy the medical
support obligation if medical insurance is available to one or both of the parents at a reasonable cost
and is accessible for the child. Medical insurance is considered accessible if a medical insurance
benefit plan is available and provides coverage for the child residing within the geographic area
covered by the insurance policy. Medical insurance is considered reasonable in cost if the cost
attributable to the child is equal to or less than eight percent of the parent's net income as determined
under this chapter, after proportionate medical support credit is applied, and the amount shall be
specified in the order for support.
The cost of the insurance attributable to the child is the cost of adding the child to existing
coverage, the difference between self-only coverage and family coverage, or the cost of private
medical insurance for the child. The cost attributable to the child under family coverage is the
difference between self-only coverage and family coverage divided by the number of individuals,
excluding the parent, enrolled in the family coverage. The cost so computed shall be apportioned
between the parents on the basis of income or income imputed as provided in this chapter. If one
parent pays the entire amount, that parent shall either be reimbursed by the other parent for that
parent's portion of the payment or shall receive a credit against his or her support obligation,
whichever is appropriate. Any additional, reasonable health care costs, including medical,
optometric, dental or orthodontic, or counseling costs for each minor child which exceed two
hundred fifty dollars in any year and are not covered by insurance, shall be apportioned between the
parents in proportion to the support obligation of each parent. The parent that has primary physical
custody of the child is responsible for the first two hundred fifty dollars of health care costs each
calendar year.
Signed February 14, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\163.wpd
CHAPTER 163
(HB 1112)
Contested paternity.
ENTITLED, An Act to revise certain provisions regarding contested paternity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-8-59 be amended to read:
25-8-59. Any action contesting a rebuttable presumption of paternity as established by §§ 25-8-50 to 25-8-58, inclusive, shall be commenced in circuit court either sixty days after the creation of
the presumption of paternity or the date of any administrative or judicial proceedings relating to the
child including proceedings to establish a support obligation in accordance with § 25-8-52,
whichever occurs earlier, except in cases a case where there are allegations of fraud, duress, or
material mistake of fact. In cases a case involving allegations of fraud, duress, or material mistake
of fact, any action contesting a rebuttable presumption of paternity shall be commenced within three
years after the creation of any presumption. The burden of proof shall be upon the moving party and
the payment of child support, or any other legal responsibilities of the parties, may not be suspended
during the pendency of the proceedings, except upon a showing of good cause by the moving party.
This section does not apply to any proceeding under § 25-8-64.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\164.wpd
CHAPTER 164
(HB 1104)
The arrest of certain victims of domestic abuse.
ENTITLED, An Act to revise certain provisions regarding the arrest of certain victims of domestic
abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 25-10-36.1 be amended to read:
25-10-36.1. No law enforcement officer, who is called to the scene of a domestic abuse
complaint, is required to arrest any victim of domestic abuse for an outstanding warrant if:
(1) The victim is not otherwise liable to arrest for any action arising out of the present
incidence of domestic abuse; and
(2) The outstanding warrant is for a nonviolent misdemeanor offense; and
(3) The victim is the custodial parent or immediate caregiver of a minor child.
However, the The victim is subject to arrest on
any an outstanding warrant after seventy-two
hours have passed since the incidence of the domestic abuse call
under this section.
The decision of an officer to arrest or not to arrest a victim on an outstanding warrant
does under
this section may not constitute a cause of action against the officer, the law enforcement agency, the
employing entity, or any of the employing entity's employees.
Signed March 9, 2018
_______________
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MINORS
_______________
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CHAPTER 165
(SB 106)
Foster child to be placed with a relative or close family friend.
ENTITLED, An Act to establish certain provisions regarding the placement of a foster child with
a relative or close family friend.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 26-7A-19 be amended to read:
26-7A-19. If the child is an apparent, alleged, or adjudicated abused or neglected child, after the
temporary custody hearing the court may:
(1) Order the release of the child from temporary custody, either with or without restriction
or condition or upon written promise of the child's parents, guardian, or custodian
regarding the care and protection of the child; or
(2) Continue the temporary custody of the child under the terms and conditions for duration
and placement that the court requires, including placement of temporary custody of the
child with the Department of Social Services, in foster care or shelter. The court and the
Department of Social Services shall give placement preference to a relative or, custodian,
or an individual, not related by birth, adoption, or marriage to the child but who has an
emotionally significant relationship with the child, who is available and who has been
determined by the department to be qualified, provided that placement with the that
relative or, custodian, or individual is in the best interest of the child. If temporary custody
of the child is continued by the court, the court may provide for visitation of the child by
the child's parents, guardian, custodian, or family members in keeping with the best
interests of the child. If the child is in temporary custody of the Department of Social
Services and has not been adjudicated as an abused or neglected child, the court shall
review the child's temporary custody placement at least once every sixty days.
As used in this section, the term, relative, means an adult who is related to the child by blood,
adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin,
stepparent, or stepsibling.
As used in this section, the term, custodian, means an adult who is the biological parent, adoptive
parent, or guardian of the child's sibling or half-sibling.
Signed March 6, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\166.wpd
CHAPTER 166
(SB 67)
Child sex trafficking or exploitation victim
may expunge any criminal record.
ENTITLED, An Act to permit a victim of child sex trafficking or exploitation to expunge any
criminal or delinquency record obtained as a result of the victimization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 26-7A be amended by adding a NEW SECTION to read:
A person over the age of eighteen may petition a court for the expungement of a delinquency
record that resulted from that person being a victim of human trafficking, as defined in § 22-49-1,
or sexual exploitation, as defined in § 22-22-24.3. An expungement under this section vacates the
underlying delinquency proceeding.
Signed February 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\167.wpd
CHAPTER 167
(SB 105)
A health care practitioner
may administer a toxicology test to an infant.
ENTITLED, An Act to authorize a health care practitioner to administer a toxicology test to an infant
under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 26-8A be amended by adding a NEW SECTION to read:
If a health care practitioner has reason to believe based on a medical assessment of a mother or
a newborn infant that the mother used a controlled substance for a nonmedical purpose during the
pregnancy, the health care practitioner may administer, with or without the consent of the newborn
infant's parent or guardian, a toxicology test to the newborn infant under the health care practitioner's
care to determine whether there is evidence of prenatal exposure to a controlled substance. If the test
results are positive, the health care practitioner shall report the results pursuant to § 26-8A-8.
Section 2. That chapter 26-8A be amended by adding a NEW SECTION to read:
A health care practitioner or any other medical personnel administering a toxicology test to
determine the presence of a controlled substance in a newborn infant at birth or during the first
twenty-eight days after birth and the employer of the person administering the test are immune from
civil or criminal liability arising from administration of the test if the health care practitioner
ordering the test believes in good faith that the test is permitted under this section and if the test is
administered in accordance with an established protocol and reasonable medical practice.
If a health care practitioner or any other medical personnel determines in good faith not to
administer a toxicology test under this section, the person making the determination and the person's
employer are immune from civil or criminal liability arising from not administering the test.
Section 3. That chapter 26-8A be amended by adding a NEW SECTION to read:
For purposes of this Act, a health care practitioner is a person licensed, accredited, or certified
to perform specified health services consistent with state law.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\167.wpd
HIGHWAYS AND BRIDGES
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\168.wpd
CHAPTER 168
(HB 1107)
The construction and maintenance
of county and township highways and bridges.
ENTITLED, An Act to revise and repeal various provisions regarding the construction and
maintenance of county and township highways and bridges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-1-3 be amended to read:
31-1-3. All public highways, including cartways, lawfully established shall continue as
established until changed or vacated in some manner as provided by law.
Section 2. That § 31-3-18 be amended to read:
31-3-18. All Any public highways highway located under §§ 31-3-6 to 31-3-37, inclusive, shall
be not less than four rods at least sixty-six feet in width, and may be six rods one hundred feet in
width when if all residents of land adjoining such the highway shall petition for such width, except
that highways. However, a highway not exceeding one-half mile in length and not located on any
section lines may be not less than two rods line shall be at least thirty-three feet in width when if, in
the judgment of the board of county commissioners, such width will be is sufficient to accommodate
properly the travel thereon. Every on the highway. Each order locating or changing any highway shall
specify the width thereof of the highway.
Section 3. That § 31-3-30 be amended to read:
31-3-30. If at At the meeting of the board of county commissioners at which the report of the
committee appointed to examine such the highway is presented, any person over whose land such
the highway passes and who is opposed to the petition shall remonstrate against granting the prayer
of the petition, setting set forth in writing that he or she is damaged by the location, change, or
vacation of such the highway in a stated sum, to the truth of which he takes and subscribes an oath,
such and the amount of any damage. The board shall determine from the face of the report and the
evidence before it the board the amount of damages sustained and whether the damages so assessed
are greater than the utility of the proposed highway or change, and if it. If the board deems the
highway of sufficient advantage to the public to warrant the paying of the damages assessed, the
board shall declare such the highway located, changed, or vacated and all damages declared assessed
shall be paid by the county; but if it shall determine. However, if the board determines that the
damages assessed are greater than the advantages of the proposed location, change, or vacation, it
the board shall order the petition dismissed.
Section 4. That § 31-3-38 be repealed.
Section 5. That § 31-6-1 be repealed.
Section 6. That § 31-6-2 be repealed.
Section 7. That § 31-6-3 be repealed.
Section 8. That § 31-6-4 be repealed.
Section 9. That § 31-6-5 be repealed.
Section 10. That § 31-6-6 be repealed.
Section 11. That § 31-6-7 be repealed.
Section 12. That § 31-6-8 be repealed.
Section 13. That § 31-6-9 be repealed.
Section 14. That § 31-11-2 be repealed.
Section 15. That § 31-12-7 be amended to read:
31-12-7. The county highway superintendent shall maintain in a county road book or database
a complete record of the divisions of the county highway system into sections, each section being
designated by some appropriate number, name, or letter, and the starting point and terminus of each
section being clearly designated at length.
Section 16. That § 31-12-9 be amended to read:
31-12-9. Before any permanent improvement is undertaken upon the county highway system, the
county highway superintendent shall, under the general direction of the board of county
commissioners where deemed necessary, make or have made a survey and prepare or have prepared
plans, specifications, and estimates for the improvement. Such Unless the county has adopted its own
standards, the survey, plans, specifications, and estimates shall be prepared according to standards
to be prescribed by the Transportation Commission, and shall be on the basis and with the object in
view of permanent improvement, each as to bridge, culvert, tile, and road work.
Section 17. That § 31-12-10 be repealed.
Section 18. That § 31-12-13 be amended to read:
31-12-13. Any road, tile, or culvert construction, repair work, or materials on the county highway
system, for which the county highway superintendent's estimated cost exceeds the amount provided
for in § 5-18A-14, shall be advertised and let at a public letting by the board of county
commissioners or may be built by day labor. The board may reject all bids, in which case the board
may readvertise or let privately by submitting the contract to the Department of Transportation for
approval and let at a public letting.
Section 19. That § 31-12-18 be amended to read:
31-12-18. All culverts Each culvert constructed on the county highway system shall have a clear
roadway width of not less than twenty-four feet.
Section 20. That § 31-12-21 be repealed.
Section 21. That § 31-12-22 be repealed.
Section 22. That § 31-12-23 be repealed.
Section 23. That § 31-12-28 be repealed.
Section 24. That § 31-12-29 be repealed.
Section 25. That § 31-12-30 be repealed.
Section 26. That § 31-12-31 be repealed.
Section 27. That § 31-12-32 be repealed.
Section 28. That § 31-12-33 be repealed.
Section 29. That § 31-12-34 be repealed.
Section 30. That § 31-12-35 be repealed.
Section 31. That § 31-12-36 be repealed.
Section 32. That § 31-12-37 be repealed.
Section 33. That § 31-12-38 be repealed.
Section 34. That § 31-12-39 be repealed.
Section 35. That § 31-12-40 be repealed.
Section 36. That § 31-12-42 be amended to read:
31-12-42. The portion of the county road and bridge fund derived from motor vehicle license
collections credited pursuant to § 32-11-1 shall be used by the board of county commissioners for
grading, constructing, planing, dragging, and maintaining county highways outside the limits of
municipalities, and also for dragging, constructing and maintaining, and grading secondary roads.
Section 37. That chapter 31-12 be amended by adding a NEW SECTION to read:
The board of county commissioners may designate a highway that is unsafe for vehicle travel as
a no maintenance highway. The board shall identify the beginning and end point of the highway
designated as no maintenance. The board does not have any responsibility on a no maintenance
highway except to require removal or remediation of a manmade obstruction, if needed, to maintain
the public access.
Section 38. That chapter 31-12 be amended by adding a NEW SECTION to read:
The board of county commissioners shall post signs on a no maintenance highway to notify the
motoring public that it is a no maintenance highway and that no vehicle travel is advised. The signs
shall be posted at each entry point and at regular intervals along a no maintenance highway. A
properly posted sign is prima facie evidence that adequate notice of a no maintenance highway has
been given to the motoring public.
Section 39. That § 31-14-3 be amended to read:
31-14-3. After determining the necessity for any and all bridges required by any county in the
state, it shall be the duty of new or replacement bridge in the county, the board of county
commissioners of such county to shall advise the county highway superintendent of such the
determination, and to require him the superintendent or a registered engineer retained by the board
of county commissioners for that purpose to make a survey of such drainage investigation of the
bridge sites site. Such survey shall consist of a profile of the proposed site, approximate location in
regard to the nearest section corner, soundings for the location of footings, and an estimate of the
available watershed.
Section 40. That § 31-14-5 be amended to read:
31-14-5. The profile, location, soundings, and estimated watershed provided for in § 31-14-3
may then be forwarded to the department together with a request for plans and specifications for such
bridge or abutments, piers, or other related piece of work, or may be used by a A registered engineer
retained by the board of county commissioners in preparing or the department shall prepare plans
and specifications for such bridge repair or construction work. Plans and specifications prepared by
a registered engineer retained by the board of county commissioners shall conform to the design
requirements of the American Association of State Highway and Transportation Officials. The plans
and specifications, whether prepared by the department or by a registered engineer retained for that
purpose, shall be forwarded to the proper county auditor who shall place them on file in the auditor's
office. A copy shall be forwarded to the department for the department's records.
Section 41. That § 31-14-6 be repealed.
Section 42. That § 31-14-7 be repealed.
Section 43. That § 31-14-8 be amended to read:
31-14-8. Each bid shall be made in accordance with the plans and specifications on file and. Each
bid in excess of fifty thousand dollars shall be accompanied by a certified check, certified by a state
or national bank domiciled within this state, in the sum of ten five percent of the total amount of such
the bid, or a ten percent bid bond issued by a surety authorized to do business in the state. To be
effectual for any purpose said the bid and certified check or bond shall be securely enclosed in a
sealed envelope and deposited with the county auditor of the proper county before the hour of
opening the sealed bids.
Section 44. That § 31-14-10 be repealed.
Section 45. That § 31-14-11 be amended to read:
31-14-11. Promptly at the hour specified, the board of county commissioners in open session
shall proceed to examine all sealed bids and notify the successful bidder that the bid has been
accepted, subject to the approval of the department as provided for in § 31-14-12. Upon being so
notified, the successful bidder shall forthwith enter into a contract with such the county in
accordance with the bid, and the successful bid, together with the plans and specifications upon
which the bid was based, is deemed a part of the contract.
Section 46. That § 31-14-12 be repealed.
Section 47. That § 31-14-14 be amended to read:
31-14-14. Should If any bidder fail or refuse fails or refuses, for a period of ten days after notice
pursuant to § 31-14-11, to enter into such a the contract, the board of county commissioners shall
may award the contract in the same manner to the next lowest responsible bidder and such or may
reject all bids and rebid the contract. The delinquent bidder shall forfeit to the county the certified
check or bid bond accompanying his the bid.
Section 48. That § 31-14-15 be amended to read:
31-14-15. Upon After the execution of all contracts under § 31-14-11, including the approving
of the same by the Department of Transportation if necessary, the board of county commissioners
shall promptly cause to be returned return to all bidders the certified checks accompanying their
sealed bids.
Section 49. That § 31-14-16 be repealed.
Section 50. That § 31-14-19 be amended to read:
31-14-19. The county highway superintendent shall keep a detailed account of all material found
necessary to add to or deduct from each and every structure as set forth in the plans and
specifications, and on completion,. On completion of the structure the superintendent shall file with
the county auditor a detailed statement of the cost of the structure, including the additions or
reductions from the contract price, and any compensation to the inspector, if any, shall be filed with
the county auditor by the county highway superintendent. The county auditor shall forward a copy
of the cost statement to the department.
Section 51. That § 31-14-21 be amended to read:
31-14-21. In lieu of accepting any bids received upon on any bridge, approach, or abutment, or
repair to bridge, or in case of emergency, the board of county commissioners may, if in their the
board's judgment the bridge or piece of work may be procured for less money than the amount of any
bid submitted, cause the same to be built by day labor by regular county labor and county-owned
equipment. The construction shall be in charge of the county highway superintendent shall be in
charge of the construction. The superintendent shall hire a foreman, purchase the necessary material,
and hire the necessary labor for the construction of each such bridge, or piece of work, and such. The
work shall be done in accordance with plans and specifications furnished by the department or a
registered engineer, the same as any other bridge or piece of work let by contract.
Section 52. That § 31-14-22 be amended to read:
31-14-22. The county highway superintendent shall keep a careful and itemized account of the
quantity and cost of all materials and labor used in the construction of each such bridge or piece of
work, in a standard form prescribed by the department authorized by § 31-14-21. The cost statement
shall be filed with the county auditor and a copy transmitted to the department as in the case of the
cost statement of any other bridge or piece of work as provided in this chapter.
Section 53. That § 31-14-23 be amended to read:
31-14-23. If it is deemed advisable by the board of county commissioners, the board may
purchase such materials as cement, sand, stone, metal, culverts, reinforcement steel, or other material
to be used in the construction of roads, bridges, and culverts, in quantities sufficient to meet the
estimated demand of the county for such the materials for the next succeeding twelve months. Before
purchasing any such the materials, however, the board of county commissioners shall first have an
estimate prepared by direct the county highway superintendent to prepare an estimate setting forth
the needs of the county during the twelve months. The county highway superintendent shall prepare
specifications of the quality of all materials, such specifications to be approved by the department.
No patented material may be specified to the exclusion of unpatented material.
Section 54. That § 31-14-25 be repealed.
Section 55. That § 31-14-27 be amended to read:
31-14-27. If a township board of supervisors or county highway superintendent within this state
requests of its the board of county commissioners a construction or replacing to construct or replace
in its entirety of any bridge or the placing or replacing of any culvert with an opening of sixteen
square feet or more including material upon the secondary roads within such the township, the board
of county commissioners may cause the same work to be done and the township shall reimburse the
county up to and including five hundred dollars, and any cost in excess of five hundred dollars shall
be paid by the county. If the cost is in excess of five hundred dollars, the county and township may
enter into an agreement as to how the cost in excess of five hundred dollars will be split between the
county and the township. After the placing or replacing of any culvert as provided in this section, it
the culvert shall be maintained and kept clean at the expense of the township. The construction or
replacing of any bridge or the placing or replacing of any culvert with an opening of less than sixteen
square feet upon a secondary road within a township shall be at the total expense of the township,
and it. The bridge or culvert shall be maintained and kept clean at the expense of the township.
Section 56. That § 31-14-32 be repealed.
Section 57. That § 31-14-37 be repealed.
Section 58. That § 31-14-41 be repealed.
Section 59. That § 31-14-42 be repealed.
Section 60. That § 31-14-43 be repealed.
Section 61. That § 31-14-44 be repealed.
Section 62. That § 31-14-45 be repealed.
Section 63. That § 31-15-3 be repealed.
Section 64. That §§ 31-15-1, 31-15-2, and 31-15-4 to 31-15-21, inclusive, be repealed.
Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\168.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\169.wpd
CHAPTER 169
(SB 59)
Department of Tourism to permit
commercial advertising in information centers.
ENTITLED, An Act to authorize the Department of Tourism to permit certain commercial
advertising in information centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-2-24 be amended to read:
31-2-24. To the end described in § 31-2-23, the Department of State Development Tourism may
contract with persons, or publicity and advertising agencies to purchase space on billboards and in
magazines, papers, and periodicals and time on radio and television stations and contract for other
publicity for the dissemination of advertising information, historical facts, statistics, and pictures that
are useful and informative to the traveling public and to attract tourists to the state. The department
may contract with motion picture producers and others for the taking of moving pictures or still
pictures in the state and may provide for the showing of the films when taken. The department may
join with other governmental departments of the state in publishing such informational or publicity
matter.
Section 2. That § 31-29-59 be amended to read:
31-29-59. In order to provide information to the traveling public, the Office Department of
Tourism may maintain maps and permit informational directories and advertising pamphlets to be
made available at safety rest areas, and may establish information centers at safety rest areas for the
purpose of informing the public of places of interest within the state and providing other information
as may be considered desirable. The department may contract to offer information through
advertising or a media display, other than an informational directory or advertising pamphlet. The
advertising or media display may be at an information center if the advertising or media display is
exhibited solely within the information center and the advertising or media display is not legible
from the main traveled way. The proceeds from any advertising or media display shall be deposited
into the tourism promotion fund for the operation, maintenance, and expansion of information center
exhibits.
Section 3. That § 31-29-62 be amended to read:
31-29-62. Terms used in § 31-29-59 and §§ 31-29-61 to 31-29-87, inclusive, unless the context
otherwise requires, mean:
(1) "Abandoned sign," a sign or sign structure that is blank, obliterated or displays obsolete
advertising material for a period in excess of twelve continuous months;
(2) "Advertising area," the area of the sign face including border and trim, but not supports
or aprons;
(3) "Blank sign," a sign that is void of advertising material;
(4) "Department," the South Dakota State Department of Transportation;
(5) "Directional information," route markers, mileage markers, directions to on-site location
and information sufficient to guide a traveling motorist to a specific facility;
(6) "Directional sign," a sign designated, described and authorized by 23 U.S.C. § 131(c)(1)
and the rules and regulations promulgated thereunder as of July 1, 1979;
(7) "Information center," an area or site established and maintained at safety rest areas for the
purpose of informing the public of places of interest within the state and providing such
other information as the Department of Tourism may consider desirable;
(8) "Interstate system," that portion of the national system of interstate and defense highways
located within this state, as officially designated, or as may hereafter be so designated, by
the state Department of Transportation and approved by the United States secretary of
transportation, pursuant to the provisions of Title 23, United States Code;
(9) "Obliterated sign," a sign that is totally or partially painted out so as not to identify a
particular product, service or facility;
(10) "Obsolete advertising material," material advertising a product or service no longer in use
or available;
(11) "On-premise sign," a sign identifying an establishment's activities, products or services
conducted or available on the property upon which it is located and signs advertising the
sale or lease of the property upon which they are located;
(12) "Outdoor advertising," any outdoor sign, display, device, light, figure, drawing, painting,
message, plaque, poster, or billboard, which is designed, intended or used to advertise or
inform, any part of the advertising or information contents of which is visible from any
place on the main-traveled way of the interstate or primary systems;
(13) "Primary system," that portion of connected main highways, as officially designated, or
as may hereafter be so designated, by the state department of transportation, and approved
by the United States secretary of transportation, pursuant to the provisions of Title 23,
United States Code;
(14) "Quadrant of an interstate interchange," one of the four quarters created by the
intersection of an interstate highway and a crossroad that is not part of the interstate
system;
(15) "Safety rest area," an area or site established and maintained within or adjacent to the
right-of-way by or under public supervision or control, for the convenience of the
traveling public;
(16) "Service road," a graded and surfaced road providing public access to property within two
thousand five hundred feet of an interstate highway centerline;
(17) "Specific or defined area," an economic area that would suffer substantial economic
hardship by the removal of any directional sign, display, or device, providing directional
information about goods and services in the interest of the traveling public;
(18) "Tourist oriented directional sign, display or device providing directional information
about goods and services in the interest of the traveling public," any sign, display, or
device giving directional information pertaining to rest stops, food services, lodging,
campgrounds, gasoline and automotive services, and natively produced handicraft goods,
and informing the traveling public of highway route mileage and site location and
reference. Such directional information shall be in existence on such signs as of May 5,
1976;
(19) "Urban area," as defined by 23 U.S.C. § 101; and
(20) "Zoned commercial or industrial areas," those areas which are zoned commercial or
industrial pursuant to Title 11.
Section 4. That § 31-29-83 be amended to read:
31-29-83. Nothing in §§ 31-29-61 to 31-29-83, inclusive, authorizes the state or any political
subdivision to operate or maintain, directly or indirectly, any commercial activity in any safety rest
area or information center. This section does not apply to any commercial advertising or media
display pursuant to § 31-29-59, to a vending facility, vending soft drinks only, operated for the
benefit of visually impaired vendors licensed by the Division of Service to the Blind and Visually
Impaired or to a vending facility vending newspapers only. The Transportation Commission may
promulgate rules pursuant to chapter 1-26 to establish a form upon which a newspaper vendor may
apply for the placement of a vending machine; to establish provisions and standards for the location,
operation, and maintenance of vending machines so as not to interfere with the use of the rest area
or information center by the traveling public; and to maintain the orderly appearance of the vending
facility.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\169.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\170.wpd
CHAPTER 170
(HB 1140)
Access to public water.
ENTITLED, An Act to revise certain provisions regarding access to public water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-3-6.1 be amended to read:
31-3-6.1. Notwithstanding any other provisions of this chapter, no county or township may
vacate a highway which provides access to public lands or public waters embracing an area of not
less than forty acres.
Section 2. That § 31-18-3 be amended to read:
31-18-3. The board of county commissioners may vacate or change the location of any section-line highway under its jurisdiction and the board of supervisors of an organized township may vacate
or change the location of any section-line highway under its jurisdiction, as provided in this title, but
neither board may vacate or change any portion of the state trunk highway system or any highway
constructed by state or federal aid or any highway within the limits of a municipal corporation. Also,
a A board of supervisors may not vacate or change any portion of the county highway system, nor
may a board of county commissioners vacate or change any portion of the township road system. In
addition, no No board of county commissioners or board of supervisors may vacate a section-line
highway which that provides access to public lands or public waters embracing an area of not less
than forty acres. This section does not prohibit the closing of a section-line highway to vehicular
traffic if the highway is unsafe for vehicular traffic.
Signed March 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\171.wpd
CHAPTER 171
(SB 15)
The state trunk highway system changed.
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 County:
(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 27, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\172.wpd
CHAPTER 172
(HB 1257)
Abandonment of highways by townships and counties.
ENTITLED, An Act to designate certain highways by townships and counties as no maintenance
highways.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 31-12 be amended by adding a NEW SECTION to read:
The board of county commissioners may designate a highway as a no maintenance highway. The
board shall, by resolution, identify the beginning and end point of the highway designated as no
maintenance. The board does not have any responsibility or duty of care on a no maintenance
highway, except upon knowledge of a manmade obstruction, to require removal or remediation of
the manmade obstruction if needed, to maintain public access.
Section 2. That chapter 31-12 be amended by adding a NEW SECTION to read:
The board of county commissioners shall post signs on a no maintenance highway designated
under section 1 of this Act to notify the public that it is a no maintenance highway and that no travel
is advised, and that the public travels at its own risk. The signs shall be posted at each entry point
and at regular intervals along a no maintenance highway. A properly posted sign is prima facie
evidence that adequate notice of a no maintenance highway has been given to the public.
Section 3. That chapter 31-12 be amended by adding a NEW SECTION to read:
A no maintenance highway designated under section 1 of this Act is any highway that shall
remain open to public access, but over which the board of county commissioners has no
responsibility for maintenance or improvement.
Section 4. That § 31-3-45 be amended to read:
31-3-45. No vacation, change, or relocation of any highway as provided for in under this chapter
shall diminish, nor any no maintenance designation of a highway as provided under chapter 31-12,
diminishes any existing right of use enjoyed by any public utility, municipally owned utility, rural
water system, or cooperative utility which that provides electricity, gas, water, or telephone service.
Section 5. That section 37 of the enrolled version of HB 1107 as previously enacted by the
Ninety-Third Session Legislative Assembly, 2018, be repealed.
Section 6. That section 38 of the enrolled version of HB 1107 as previously enacted by the
Ninety-Third Session Legislative Assembly, 2018, be repealed.
Signed March 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\173.wpd
CHAPTER 173
(HB 1131)
Road district trustees and employees
may receive compensation under a district contract.
ENTITLED, An Act to authorize certain road district trustees and employees to receive
compensation under a district contract.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 31-12A-24 be amended to read:
31-12A-24. No trustee or employee of a road district may be directly or indirectly interested in
any contract, work, or business of the district, or the sale of any article, the expense, price, or cost
of which is paid by the district, nor in the purchase of any real, personal, or other property belonging
to the district, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit
of the district. No trustee may be a joint or co-owner of land in the road district with an employee
of the same road district. This section does not apply to any trustee or employee of a district
consisting of less than twenty-five residents for a winter road maintenance contract or work.
Signed February 27, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\173.wpd
MOTOR VEHICLES
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\174.wpd
CHAPTER 174
(SB 42)
Issuing a motor vehicle title, requirements changed.
ENTITLED, An Act to revise certain provisions regarding the issuance of a motor vehicle title.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3-28 be amended to read:
32-3-28. The secretary shall issue the certificate of title in triplicate. One copy shall be retained
by the secretary and the other copy shall be transmitted either by mail or electronically by computer,
postage prepaid, on that day to the county treasurer of the county in which the motor vehicle, trailer,
or semitrailer is to be kept. The in paper form or electronic form. If there is no lien noted on the
certificate of title or a paper copy is requested pursuant to § 32-3-70, the secretary shall sign the
original certificate of title and, deliver the paper copy certificate to the owner named on it the title
or as otherwise directed by the owner postage prepaid, and maintain an electronic copy for record
keeping. If there are one or more liens on the motor vehicle, trailer, or semitrailer, the secretary shall
properly note the same each lien in the order of their priority on the certificate of title which shall
be delivered or mailed to the owner named on it or as otherwise directed by the owner. Secured
parties maintained electronically until each lien is released. A secured party, if any, shall be mailed
or delivered conspicuous notification of their may obtain electronic confirmation of the party's
security interest as filed and noted on the certificate of title.
Section 2. That § 32-3-70 be amended to read:
32-3-70. Notwithstanding any other provision of this title, the department may provide for an
electronic lien filing system. If a lien has been noted electronically in the electronic lien filing
system, no paper title may be issued to the owner of record or the lienholder. A paper title shall be
issued under the following circumstances:
(1) The lien has been satisfied and the owner requests a title; or
(2) The owner is relocating to another state and the lienholder authorizes the issuance of a
title with the lien noted;
(3) The ownership listed on the title is being changed and the lienholder authorizes the
issuance of a title with the lien noted; or
(4) The titled vehicle has been determined to be a salvage vehicle pursuant to § 32-3-51.19.
A lien shall be noted or cancelled electronically if an electronic certificate of title exists and the
lienholder is participating in the electronic lien filing system. A lien noted electronically is
considered perfected as if a paper title
were was issued and a lien had been noted on
it the title
pursuant to § 32-3-29 or 32-3-41. A lienholder is liable for noting or canceling a lien in error.
Signed March 5, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\175.wpd
CHAPTER 175
(SB 154)
Transfer of motor vehicle titles
to satisfy unpaid motor vehicle repair bills.
ENTITLED, An Act to revise certain provisions concerning the transfer of motor vehicle titles to
satisfy unpaid motor vehicle repair bills.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-3-69 be amended to read:
32-3-69. Title to any motor vehicle shall vest with the person to whom the unpaid repair bill is
payable and who has complied with the provisions of this chapter in notifying the owner and all
insurers and lien holders of their rights to reclaim the motor vehicle after a period of thirty days from
the date to which notice was sent to the owner and all insurers and lien holders. The owner, insurer,
or the lienholder may reclaim the motor vehicle by paying any reasonable cost of repair. A lienholder
paying the cost of repair may add the cost of repair to the outstanding loan secured by the vehicle.
The owner, insurer, or lien holder shall notify the department and the repair facility within thirty days
of receipt of the notice of their intent to reclaim the motor vehicle. If the owner, insurer, or lien
holder fails to claim and remove the motor vehicle within thirty days after mailing of the notice of
intent to reclaim the vehicle, title to the motor vehicle is irrevocably vested in the person to whom
the repair bill is payable and who has complied with the provisions of this chapter.
The vehicle shall be sold at public auction pursuant to §§ 21-54-5, 21-54-7, and 21-54-10 and
any excess moneys above settlement of the debt shall be forwarded to the prior owner, insurer, and
any other party with a legal interest in such vehicle. If the owner, insurer, and any lien holder are
unidentifiable or not able to be contacted, the excess moneys shall be sent to the state treasurer and
treated as unclaimed property pursuant to chapter 43-41B.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\175.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\176.wpd
CHAPTER 176
(HB 1236)
The acquisition of motor vehicle titles by auction agencies.
ENTITLED, An Act to provide for the acquisition of certain motor vehicle titles by auction agencies
in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-3 be amended by adding a NEW SECTION to read:
If an insurer requests that an auction agency take possession of a motor vehicle that is the subject
of an insurance claim and there is no total loss claim payment that results in transfer of ownership
to the insurer of the motor vehicle, the department, upon request of the auction agency, shall provide
the last known name and address of the record holder of title and any readily identifiable lienholder
to the auction agency free of any charge.
Section 2. That chapter 32-3 be amended by adding a NEW SECTION to read:
Notwithstanding any other law, an auction agency in possession of a motor vehicle under section
1 of this Act may apply for and shall be issued a salvage title or a certificate of title for the motor
vehicle in the name of the auction agency if the motor vehicle is not claimed by its owner or any
lienholder as provided under section 3 of this Act. The auction agency seeking title under this section
shall send written notice by certified mail, or a similar service that provides proof of delivery, to the
owner of the motor vehicle and any readily identifiable lienholder of record at the owner's or
lienholder's last known address. The notice shall include the location of the motor vehicle; the
circumstance surrounding acquisition of the motor vehicle; reasonable charges incurred by the
auction agency; the year, make, model, and serial number of the motor vehicle; and shall inform the
owner or lienholder of the right to reclaim the motor vehicle under section 3 of this Act. If the
auction agency cannot determine with reasonable certainty the identity and address of the owner or
any lienholder, a notice shall be published once in a newspaper of general circulation in the area
where the motor vehicle was acquired by the auction agency. Published notices required under this
section may be grouped together for convenience and economy.
Section 3. That chapter 32-3 be amended by adding a NEW SECTION to read:
An owner or lienholder may reclaim a motor vehicle for which notice has been provided as
required under section 2 of this Act. The owner or lienholder shall provide notice to the auction
agency of any intent to reclaim the motor vehicle from the auction agency by certified mail, or any
similar service that provides proof of delivery, within thirty days of the owner's or lienholder's receipt
of notice under section 2 of this Act. Notwithstanding any other law, and only if the auction agency
has complied with the provisions of this chapter, title to the motor vehicle irrevocably vests in the
auction agency in possession of the abandoned motor vehicle if:
(1) The auction agency has not received notice of intent to reclaim the motor vehicle from the
owner or any lienholder within forty-five days from their receipt of notice provided under
section 2 of this Act; or
(2) The owner or lienholder provides notice of an intent to reclaim the motor vehicle under
this section but fails to:
(a) Pay to the auction agency the reasonable charges incurred by the auction agency;
and
(b) Claim and remove the motor vehicle within forty-five days after the auction
agency's receipt of the notice of intent to reclaim the motor vehicle.
Upon an auction agency's receipt of title, the motor vehicle shall be sold by the auction agency,
and any excess proceeds received from the sale, beyond settlement of the reasonable charges incurred
by the auction agency, shall be paid jointly to the owner and any prior lienholder, and mailed to the
first lienholder, if any, or otherwise to the prior owner. If the auction agency cannot identify or
contact the owner or any lienholder, any excess proceeds received from the sale shall be sent to the
state treasurer and treated as unclaimed property pursuant to chapter 43-41B. After any salvage title
or certificate of title is issued under the provisions of this section or section 2 of this Act, an owner's
or lienholder's exclusive right against the auction agency shall be to any excess proceeds from the
auction agency's sale of the vehicle under this section. For purposes of this section and section 2 of
this Act, reasonable charges incurred by the auction agency include any cost incurred by the auction
agency for towing and storage of the motor vehicle, providing notice by mail or publication to the
owner or any lienholder, and conducting the auction pursuant to this section.
Section 4. That chapter 32-3 be amended by adding a NEW SECTION to read:
Notwithstanding any other law, if an insurer is unable to obtain a certificate of title for a motor
vehicle from the owner or lienholder within forty-five days of payment of a total loss claim on the
motor vehicle, and is unable to surrender the certificate of title to the department as required pursuant
to § 32-3-51.20, the department shall issue a salvage title or certificate of title for the motor vehicle
to the insurer when the insurer provides to the department:
(1) Proof of payment for the motor vehicle to the registered owner; and
(2) Proof of payment in satisfaction of any lien that was previously perfected on the vehicle.
The department may promulgate rules, pursuant to chapter 1-26, to implement the provisions of
this section.
Signed March 6, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\177.wpd
CHAPTER 177
(SB 41)
The registration of snowmobiles, revised.
ENTITLED, An Act to revise certain provisions regarding the registration of snowmobiles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-2.1 be amended to read:
32-5-2.1. The annual registration of noncommercial vehicles shall be staggered throughout the
year excluding the months of April, October, and December.
However, this section does not apply
to snowmobiles registered pursuant to § 32-5-9.1.
Signed March 5, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\178.wpd
CHAPTER 178
(HB 1195)
Refunds of motor vehicle license fees.
ENTITLED, An Act to revise certain provisions regarding refunds of motor vehicle license fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-24 be amended to read:
32-5-24. The department may shall issue to the several county treasurers authorizations to refund
to the lawful owner of any motor vehicle from current collections of motor vehicle license fees for
overpayments or for any motor vehicle license fee paid in error, past or future, paid by the owner for
any license plate fees. The refunds shall be paid out of the motor vehicle fees collected by the various
county treasurers, and accounted for in accordance with the existing provisions of the motor vehicle
licensing law. No refund may be made unless the registration and stickers are returned unused. Any
application for refund shall be made within one year ninety days from the date the license fee was
paid.
Signed February 27, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\179.wpd
CHAPTER 179
(HB 1066)
Vehicle license plates and stickers, issuance revised.
ENTITLED, An Act to revise certain provisions regarding the issuance of vehicle license plates and
stickers.
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 department 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. 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.
Section 2. That § 32-5-81 be amended to read:
32-5-81. On receipt of any application under §§ 32-5-2 and 32-5-3, the county treasurer shall
register the vehicle. Upon payment of the fee prescribed by law for the registration of the vehicle
described in the application, the county treasurer or department shall issue a distinctive number plate.
The registration for the vehicle shall identify the motor vehicle and the type of fuel used by the
vehicle.
The applicant shall indicate the fuel type used in
his the motor vehicle as one of the following:
gas only, diesel, liquified petroleum gas, or other. The treasurer shall reject any application
which
that does not specify the type of fuel used. Any applicant who fails to correctly identify the fuel used
in
his the applicant's motor vehicle is guilty of a Class 2 misdemeanor.
Section 3. That § 32-5-82 be amended to read:
32-5-82. On receipt of any registration application under pursuant to the provisions of §§ 32-5-2
and 32-5-3, the county treasurer or department shall deliver to the owner two number plates or two
number stickers, or both. The plates or stickers shall bear the distinctive number contained in the
application as mentioned in § 32-5-81. The applicant may request the county treasurer to mail If the
plates or stickers for a fee as set forth in are mailed to the applicant, the applicant shall pay mailing
fees pursuant to § 32-5-127. If the applicant requests that the plates or stickers be express mailed,
the applicant shall pay the actual costs of postage and handling. All fees received by the county
treasurer for mailing or expressing of the plates or stickers shall be deposited by the treasurer in the
county general fund. All fees received by the department for mailing or expressing of the plates or
stickers shall be deposited by the department in the state motor vehicle fund.
Each county treasurer office shall be stocked with the following license plates:
(1) Standard issue county motor vehicle and standard issue county motorcycle license plates
issued pursuant to this section;
(2) Emblem speciality plates issued pursuant to § 32-5-167;
(3) Commercial trailer license plates issued pursuant to § 32-5-8.1; and
(4) Trailer license plates issued pursuant to this chapter.
Section 4. That § 32-5-82.1 be amended to read:
32-5-82.1. The county treasurer
or department shall furnish for each annual registration two
identical number stickers to designate the year and month of registration. Each number sticker shall
be valid only for the registration period for which
it the sticker is issued
and its. The display
shall
constitute of the sticker is evidence of current registration.
Section 5. That § 32-9-7 be amended to read:
32-9-7. On receipt of an application under § 32-9-6 and payment of the commercial motor
vehicle fee, required by this chapter, and upon satisfactory evidence that the applicant has complied
with all laws, rules, and regulations of this state covering motor vehicles and motor carriers, the
county treasurer or department shall issue to the applicant a receipt which shall identify that
identifies the motor vehicle, trailer, or semitrailer, and shall assign to it a number, which to the
vehicle. The number shall be endorsed upon the application and receipt, and. The county treasurer
or department shall issue to the applicant a commercial motor vehicle certificate bearing the number.
The certificate shall be placed and carried in the vehicle in a conspicuous place and is subject to
examination upon demand by any officer of this state, county, or municipality. The county treasurer
or department shall issue to the applicant two commercial motor vehicle plates for each motor
vehicle. The applicant may request the county treasurer to mail the plates for a fee. Each county
treasurer office shall be stocked with commercial license plates issued pursuant to this section and
commercial trailer license plates issued pursuant to § 32-9-8.1. If the applicant requests that the
plates be are mailed, the applicant shall pay five dollars per license plate or set of plates if the plate
is sent to the owner through the mail or one dollar per decal or set of decals if the decal is sent to the
owner through the mail. If the applicant requests that the plate or decal be express mailed, the
applicant shall pay any costs for the express mailing service. Each plate shall set forth the amount
of gross weight in figures, and shall be in colors and designs for each classification specified in § 32-9-15. Each plate shall be securely fastened to the front and rear end of each commercial motor
vehicle in a conspicuous place. The county treasurer shall deposit in the county general fund any fees
received for mailing or expressing a plate or sticker. All fees received by the department for mailing
or expressing of the plates or stickers shall be deposited by the department in the state motor vehicle
fund. A violation of this section is a Class 2 misdemeanor.
Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\179.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\180.wpd
CHAPTER 180
(HB 1117)
Licensing of historical motor vehicles.
ENTITLED, An Act to revise certain provisions regarding the licensing of historical motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-77 be amended to read:
32-5-77. Any person who is a resident of this state and the owner of a motor vehicle
noncommercial automobile, pickup truck, van, or truck, with a weight less than eight thousand
pounds, or a retired firetruck which is more than thirty years old at the time of applying for
registration of the vehicle, may apply directly to the secretary for a set of historical license plates to
be described as "historical car" license plates in lieu of the application provided for in §§ 32-5-2 and
32-5-3. The historical license plates shall be issued to the applicant instead of the usual license plates
after payment of a ten dollar registration fee. Historical license plates for a motor vehicle other than
a motorcycle shall be issued in pairs. A single historical license plate shall be issued for a
motorcycle. The license plates shall be permanent for the life of the vehicle. Any No motor vehicle
for which historical car license plates have been issued shall only be used for special occasions such
as, display, parade, exhibitions, tours, and similar uses. The vehicle may not be used for general
transportation but may be used for daily transportation to and from a place of work or for commercial
transportation. The motor vehicle may be used for pleasure transportation, public displays, parades,
and other related pleasure or hobby activities, and may be driven to and from service stations for fuel
and repairs any facility providing motor vehicle maintenance or repair. However, no motor vehicle
for which historical plates have been issued may be driven more than four thousand miles per year.
Fees collected under the provisions of this section shall be credited to the state motor vehicle fund.
Section 2. That § 32-5-77.2 be amended to read:
32-5-77.2. A motor vehicle registered pursuant to § 32-5-77 may, in lieu of being issued number
plates by the secretary, display original South Dakota number plates issued in the same year as the
model year of the car motor vehicle on which they are displayed. The number of the original plates
and a color photograph of the original plates shall be provided to the secretary. The original plates
shall must be in good condition and shall be used in pairs on a motor vehicle other than a motorcycle
with one to be displayed in the front of the car motor vehicle and one in the rear. However, a single
original South Dakota number plate may be displayed on a motorcycle or on a motor vehicle if the
model year of the motor vehicle is a year in which only single license plates were issued by the state,
including 1945, 1946, 1947, 1948, 1952, or 1953. If a single original number plate is permitted, it
shall be securely fastened to the rear of the historical motor vehicle in a horizontal and upright
position. Original South Dakota number plates may not be used if the number on the original plate
is identical to a number on any other plate in a numbering system used by the secretary. Any person
using plates issued pursuant to § 32-5-77 shall return those plates to the secretary before substituting
original plates. The secretary shall charge a ten dollar fee for registering the number on the original
plates. Fees collected under the provisions of this section shall be credited to the state motor vehicle
fund.
Section 3. That § 32-5-77.3 be repealed.
Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\180.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\181.wpd
CHAPTER 181
(SB 97)
Motor vehicle license plate for women veterans.
ENTITLED, An Act to provide a special motor vehicle license plate for certain women veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-155 be amended to read:
32-5-155. Any owner may apply for a military specialty plate if the owner meets the requirements
of §§ 32-5-154 to 32-5-166, inclusive. The available military specialty plates are as follows:
(1) National Guard plate;
(2) Disabled veteran plate;
(3) Veteran plate;
(4) Active duty plate;
(5) Prisoner of War plate;
(6) Pearl Harbor survivor plate;
(7) Gold Star plate;
(8) Purple Heart plate;
(9) Medal of Honor plate;
(10) Silver Star plate;
(11) Distinguished Service Cross plate;
(12) Navy Cross plate;
(13) Air Force Cross plate;
(14) Distinguished Flying Cross plate;
(15) Bronze Star with Valor plate;
(16) Bronze Star plate; and
(17) Tribal veteran plate; and
(18) Woman veteran plate.
Section 2. That § 32-5-157 be amended to read:
32-5-157. Any owner applying for a military specialty plate listed in § 32-5-155 shall meet the
following specific additional requirements for the respective military specialty plate:
(1) Any applicant for the National Guard plate must be an active enlisted member of the
National Guard, an active warrant officer of the National Guard, an active commissioned
member of the National Guard, or a retired member of the National Guard with twenty
years or more of creditable service;
(2) Any applicant for the disabled veteran plate must be a veteran who has been rated as in
receipt of a statutory benefit for loss or loss of use of one or more extremities, a veteran
who receives a veteran's allotment for a total service-connected disability, or a veteran
who has received a United States Veterans Administration K Award. The disability must
have been incurred while serving on active duty during a time of war or while
participating in a military mission involving armed conflict;
(3) Any applicant for the veteran plate must be an honorably discharged veteran who served
on active duty;
(4) Any applicant for the active duty plate must currently be serving on active duty;
(5) Any applicant for the Prisoner of War plate must be a veteran who was a prisoner of war
while serving on active duty;
(6) Any applicant for the Pearl Harbor survivor plate must have survived the attack at Pearl
Harbor, Hawaii, on December 7, 1941, while serving on active duty, and have received
an honorable discharge from the United States armed forces;
(7) Any applicant for the Gold Star plate must be a parent, spouse, sibling, or child of a
member of the United States armed forces who died while serving this country on active
duty or as a result of that service;
(8) Any applicant for the Purple Heart plate must be a veteran who received the Purple Heart
as a result of the applicant's service;
(9) Any applicant for the Medal of Honor plate must be a veteran who received the Medal of
Honor as a result of the applicant's service;
(10) Any applicant for the Silver Star plate must have received the Silver Star as a result of the
applicant's service;
(11) Any applicant for the Distinguished Service Cross plate must have received the
Distinguished Service Cross as a result of the applicant's service;
(12) Any applicant for the Navy Cross plate must have received the Navy Cross as a result of
the applicant's service;
(13) Any applicant for the Air Force Cross plate must have received the Air Force Cross as a
result of the applicant's service;
(14) Any applicant for the Distinguished Flying Cross plate must have received the
Distinguished Flying Cross as a result of the applicant's service;
(15) Any applicant for the Bronze Star with Valor plate must have received the Bronze Star
with Valor as a result of the applicant's service;
(16) Any applicant for the Bronze Star plate must have received the Bronze Star as a result of
the applicant's service; and
(17) Any applicant for the tribal veteran plate must be a member of a tribe and an honorably
discharged veteran who served on active duty; and
(18) Any applicant for the woman veteran plate must be a woman and an honorably discharged
veteran who served on active duty.
Section 3. That § 32-5-162 be amended to read:
32-5-162. Military specialty plates shall be numbered and designed by the secretary, with the
exception of the National Guard plate which shall be designed by the adjutant general and approved
by the secretary. The military specialty plates shall meet the following specific requirements:
(1) The National Guard plate shall contain a symbol indicating that the owner is a current or
retired member of the National Guard;
(2) The disabled veteran plate shall consist of a white background bordered on the left by a
blue field with white stars and on the right by alternating red and white stripes. The words
Disabled Veteran, shall be inscribed on the plate in blue, in at least ten point bold type;
(3) The veteran plate shall designate the owner as a veteran. The plate may allow for
additional indication of the conflict, rank, or status of the veteran;
(4) The active duty plate shall designate the owner as currently serving on active duty. The
plate may allow for additional indication of the conflict, rank, or status of the active duty
member;
(5) The Prisoner of War plate shall contain a symbol indicating that the owner was a prisoner
of war;
(6) The Pearl Harbor survivor plate shall contain a symbol indicating that the owner survived
the attack at Pearl Harbor, Hawaii while serving on active duty;
(7) The Gold Star plate shall contain a symbol indicating that the owner is a parent, spouse,
sibling, or child of a member of the United States armed forces who died while serving
this country on active duty or as a result of that service;
(8) The Purple Heart plate shall contain a symbol indicating that the owner received the
Purple Heart as a result of the owner's service;
(9) The Medal of Honor plate shall contain a symbol indicating that the owner received the
Medal of Honor, including a facsimile of the medallion portion corresponding to the
branch of the United States armed forces for which the owner served when the medal was
received, as a result of the owner's service;
(10) The Silver Star plate shall contain a symbol indicating that the owner received the Silver
Star as a result of the owner's service;
(11) The Distinguished Service Cross plate shall contain a symbol indicating that the owner
received the Distinguished Service Cross as a result of the owner's service;
(12) The Navy Cross plate shall contain a symbol indicating that the owner received the Navy
Cross as a result of the owner's service;
(13) The Air Force Cross plate shall contain a symbol indicating that the owner received the
Air Force Cross as a result of the owner's service;
(14) The Distinguished Flying Cross plate shall contain a symbol indicating that the owner
received the Distinguished Flying Cross as a result of the owner's service;
(15) The Bronze Star with Valor plate shall contain a symbol indicating that the owner
received the Bronze Star with Valor as a result of the owner's service;
(16) The Bronze Star plate shall contain a symbol indicating that the owner received the
Bronze Star as a result of the owner's service; and
(17) The tribal veteran plate shall be of the same design as provided in § 32-5-123 and shall
designate the owner as a veteran; and
(18) The woman veteran plate shall designate the owner as a woman and a veteran. The plate
may allow for additional indication of the conflict, rank, or status of the veteran.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\181.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\182.wpd
CHAPTER 182
(HB 1080)
Requirements for emblem specialty plates for motor vehicles.
ENTITLED, An Act to revise certain requirements to qualify for emblem specialty plates for motor
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-177 be amended to read:
32-5-177. Any entity applying for an emblem to be used on the emblem specialty plate shall also
meet the following specific additional requirements for the respective emblem specialty plate:
(1) To qualify for an organization emblem, the entity shall be a nonprofit corporation, or a
group of nonprofit corporations with a common purpose, on file with the Office of the
Secretary of State and must have a minimum of two hundred members, volunteers, or
donors; and
(2) To qualify for a first responder emblem, the application and emblem design must be
approved by the Department of Public Safety.
Signed February 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\182.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\183.wpd
CHAPTER 183
(HB 1116)
Special interest motor vehicle license plates.
ENTITLED, An Act to revise certain provisions regarding special interest motor vehicle license
plates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-180 be amended to read:
32-5-180. 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 and shall
be either numbered or personalized. If the special interest motor vehicle plate is personalized, the
plate shall conform to the requirements established for special personalized license plates in § 32-5-89.2. The special interest motor vehicle plate shall be reflectorized and validated with a decal each
year in the same manner as noncommercial 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 2. That § 32-5-182 be amended to read:
32-5-182. An application for a special interest motor vehicle license plate, as provided for in
§ 32-5-179, 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 seven thousand five hundred 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.
Signed March 21, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\183.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\184.wpd
CHAPTER 184
(HB 1088)
Consignment sales requirements revised.
ENTITLED, An Act to revise the consignment sales requirements for dealers of motorcycles, off-road vehicles, snowmobiles, boats, and boat trailers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-6B be amended by adding a NEW SECTION to read:
In addition to the consignment sales requirements provided in this chapter, any dealer or public
auction may sell, or offer to sell, used motorcycles and used off-road vehicles as defined in § 32-3-1
on consignment if the dealer has in possession a South Dakota title for the vehicle or a state title for
the vehicle from a bordering state. If the motorcycle or off-road vehicle owner's state does not issue
titles for the consigned motorcycle or off-road vehicle, the owner must provide a current state
registration and accompanying affidavit stating that their home state does not issue titles for the
vehicle being consigned. A bill of sale, the registration, and affidavit of statement must be in the
possession of the consignment selling dealer or public auction along with the proper consignment
contract. The department shall prescribe the form of the contract.
Section 2. That § 32-7B-26 be amended to read:
32-7B-26. Any boat dealer or public auction may sell, or offer to sell, new, or used boats on
consignment. For the purposes of this chapter, consignment means the delivery of a boat by the
owner into the possession of another without transfer of title for the purpose of sale or where there
is any condition that the purchaser does not have an absolute obligation to pay for the boat or has a
right to return the boat to the seller. Any boat dealer or public auction who sells, or offers to sell,
South Dakota titled boats or used boats titled in a bordering state including any accompanying titled
boat trailers on consignment shall enter into a contract with the consignor. If the boat or boat trailer
owner's state does not issue titles for the consigned boat or boat trailer, the owner must provide a
current state registration and accompanying affidavit stating that their home state does not issue titles
for the boat or boat trailer being consigned. A bill of sale, the registration, and affidavit of statement
must be in the possession of the consignment selling dealer or public auction along with the proper
consignment contract. The department shall prescribe the form of the contract.
Section 3. That § 32-7B-28 be amended to read:
32-7B-28. Before a South Dakota titled boat or a used boat titled in a bordering state including
any accompanying titled boat trailer may be sold by a consignee or at a public auction pursuant to
this chapter, the consignee or auctioneer shall have in possession a South Dakota title or a state title
from a bordering state including any accompanying titled boat trailer for the boat. If the boat or boat
trailer owner's state does not issue titles for the consigned boat or boat trailer, the owner must
provide a current state registration and accompanying affidavit stating that their home state does not
issue titles for the boat or boat trailer being consigned. A bill of sale, the registration, and affidavit
of statement must be in the possession of the consignment selling dealer or public auction along with
the proper consignment contract. A violation of this section is a Class 2 misdemeanor.
Section 4. That § 32-6C-5.1 be amended to read:
32-6C-5.1. Any snowmobile dealer or public auction may sell, or offer to sell, new or used
snowmobiles on consignment. For the purposes of this chapter, consignment means the delivery of
a snowmobile by the owner into the possession of another without transfer of title for the purpose
of sale or where there is any condition that the purchaser does not have an absolute obligation to pay
for the snowmobile or has a right to return the snowmobile to the seller. Any snowmobile dealer or
public auction who sells, or offers to sell, a South Dakota titled snowmobile or a used snowmobile
titled in a bordering state on consignment shall enter into a contract with the consignor. If the
snowmobile owner's state does not issue titles for the consigned snowmobile, the owner must
provide a current state registration and accompanying affidavit stating that their home state does not
issue titles for the snowmobile being consigned. A bill of sale, the registration, and affidavit of
statement must be in the possession of the consignment selling dealer or public auction along with
the proper consignment contract. The department shall prescribe the form of the contract.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\184.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\185.wpd
CHAPTER 185
(HB 1101)
Used motorcycles offered for sale at an event.
ENTITLED, An Act to revise certain provisions regarding used motorcycles offered for sale at an
event.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-6B-5.1 be amended to read:
32-6B-5.1. A license issued pursuant to this chapter is not necessary in the following conditions:
(1) Any person engaged in the business of manufacturing trailers may display but may not sell
any trailers at an event, if the event lasts three or more days and if the person registers
with and purchases a permit from the Department of Revenue. If the permit is purchased
in advance of the event, the person shall pay a fee of two hundred fifty dollars for a
fifteen-day temporary permit. If the permit is purchased at the event, the person shall pay
a fee of five hundred dollars for the temporary permit. Any person found to be in violation
of the provisions of this subdivision shall be denied a temporary permit for a period of one
year from the date of violation;
(2) Any person may sell motorcycles at an event, if the event lasts three or more days and if
the person registers and purchases a permit from the Department of Revenue. Before
issuance of a permit, the person shall provide proof the person is a licensed dealer in the
person's own state and has no outstanding dealer violations. The permit may only be
issued if the new motorcycles being sold are not franchised in this state. The permit may
be issued if the motorcycles are franchised in this state, are at least two model years old,
and have at least two thousand five hundred miles on the odometer. If the permit is
purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars
for a fifteen-day temporary permit. If the permit is purchased at the event, the person shall
pay a fee of five hundred dollars for the temporary permit. Any person found to be in
violation of the provisions of this subdivision shall be denied a temporary permit for a
period of one year from the date of violation;
(3) Any person may sell trailers at an event, if the event lasts three or more days and if the
person registers and purchases a permit from the Department of Revenue. Before issuance
of a permit, the person shall provide proof the person is a licensed dealer in the person's
own state and has no outstanding dealer violations. The permit may only be issued if the
trailers being sold are not franchised in this state. If the permit is purchased in advance
of the event, the person shall pay a fee of two hundred fifty dollars for a fifteen-day
temporary permit. Regardless of whether or not there is a franchise in this state, any
person may display a trailer at an event. If the permit is purchased at the event, the person
shall pay a fee of five hundred dollars for the temporary permit. Any person found to be
in violation of the provisions of this subdivision shall be denied a temporary permit for
a period of one year from the date of violation;
(4) Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled
in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least
thirty years old at a public auction on consignment if the title is issued in the name of the
dealer and the dealer purchases a permit from the Department of Revenue. Before
issuance of a permit, the dealer shall provide proof the dealer is a licensed dealer in the
dealer's own state and has no outstanding dealer violations. If the permit is purchased in
advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the
permit. If the permit is purchased at or after the auction, the dealer shall pay a fee of five
hundred dollars for the temporary permit. Any dealer found to be in violation of the
provisions of this subdivision shall be denied a temporary permit for a period of one year
from the date of violation; and
(5) Any person engaged in the business of manufacturing or customizing motor vehicles may
display and offer limited demonstration but may not sell any motor vehicle at an event,
if the event lasts three or more days and if the person registers with and purchases a
permit from the Department of Revenue. If the permit is purchased in advance of the
event, the person shall pay a fee of two hundred fifty dollars for a fifteen-day temporary
permit. If the permit is purchased at the event, the person shall pay a fee of five hundred
dollars for the temporary permit. This subdivision does not apply to any customized
motorcycle being built for and displayed during a sponsored event where the participants
had to qualify through competition. A permit is required if any customized motorcycle is
being displayed outside the sponsored event. Any person found to be in violation of the
provisions of this subdivision shall be denied a temporary permit for a period of one year
from the date of violation.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\185.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\186.wpd
CHAPTER 186
(SB 151)
Sale of trailers at special events.
ENTITLED, An Act to revise certain provisions regarding the sale of trailers at special events, and
to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-6B-5.1 be amended to read:
32-6B-5.1. A license issued pursuant to this chapter is not necessary in the following conditions:
(1) Any person engaged in the business of manufacturing trailers may display but may not sell
any trailers at an event,. A manufacturer may display trailers if the event lasts three or
more days and if the person registers with and purchases a permit from the Department
of Revenue. If the permit is purchased in advance of the event, the person shall pay a fee
of two hundred fifty dollars for a fifteen-day temporary permit. If the permit is purchased
at the event, the person shall pay a fee of five hundred dollars for the temporary permit.
Any person found to be in violation of the provisions of this subdivision shall be denied
a temporary permit for a period of one year from the date of violation;
(2) Any person may sell motorcycles at an event, if the event lasts three or more days and if
the person registers and purchases a permit from the Department of Revenue. Before
issuance of a permit, the person shall provide proof the person is a licensed dealer in the
person's own state and has no outstanding dealer violations. The permit may only be
issued if the new motorcycles being sold are not franchised in this state. If the permit is
purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars
for a fifteen-day temporary permit. If the permit is purchased at the event, the person shall
pay a fee of five hundred dollars for the temporary permit. Any person found to be in
violation of the provisions of this subdivision shall be denied a temporary permit for a
period of one year from the date of violation;
(3) Any person may sell trailers at an event, if the event lasts three or more days and if the
person registers and purchases a permit from the Department of Revenue. Before issuance
of a permit, the person shall provide proof the person is a licensed dealer in the person's
own state and has no outstanding dealer violations. The permit may only be issued if the
trailers being sold are not franchised in this state unless the person obtains a written
waiver from any similarly franchised dealer in this state. The person should present the
waiver to the department at the time the person applies for the permit. If the permit is
purchased in advance of the event, the person shall pay a fee of two hundred fifty dollars
for a fifteen-day temporary permit. Regardless of whether or not there is a franchise in this
state, any person may display a trailer at an event. If the permit is purchased at the event,
the person shall pay a fee of five hundred dollars for the temporary permit. Any person
found to be in violation of the provisions of this subdivision shall be denied a temporary
permit for a period of one year from the date of violation;
(4) Any dealer licensed in another state may sell any vehicle or motorcycle that is not titled
in South Dakota if the vehicle is at least twenty years old and the motorcycle is at least
thirty years old at a public auction on consignment if the title is issued in the name of the
dealer and the dealer purchases a permit from the Department of Revenue. Before
issuance of a permit, the dealer shall provide proof the dealer is a licensed dealer in the
dealer's own state and has no outstanding dealer violations. If the permit is purchased in
advance of the auction, the dealer shall pay a fee of two hundred fifty dollars for the
permit. If the permit is purchased at or after the auction, the dealer shall pay a fee of five
hundred dollars for the temporary permit. Any dealer found to be in violation of the
provisions of this subdivision shall be denied a temporary permit for a period of one year
from the date of violation; and
(5) Any person engaged in the business of manufacturing or customizing motor vehicles may
display and offer limited demonstration but may not sell any motor vehicle at an event,
if the event lasts three or more days and if the person registers with and purchases a
permit from the Department of Revenue. If the permit is purchased in advance of the
event, the person shall pay a fee of two hundred fifty dollars for a fifteen-day temporary
permit. If the permit is purchased at the event, the person shall pay a fee of five hundred
dollars for the temporary permit. This subdivision does not apply to any customized
motorcycle being built for and displayed during a sponsored event where the participants
had to qualify through competition. A permit is required if any customized motorcycle is
being displayed outside the sponsored event. Any person found to be in violation of the
provisions of this subdivision shall be denied a temporary permit for a period of one year
from the date of violation.
Section 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 7, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\187.wpd
CHAPTER 187
(SB 73)
Vehicle dealer to lease space
in the common area of a shopping mall.
ENTITLED, An Act to authorize a vehicle dealer to lease space in the common area of a shopping
mall for displaying new vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-6B be amended by adding a NEW SECTION to read:
A vehicle dealer licensed in this state may lease space in the common area of a shopping mall
for the display of new vehicles without a supplemental license if the shopping mall is located within
the corporate limits of the municipality where the dealer maintains its principal place of business.
A dealer may not display more than four vehicles in a single shopping mall, contract for an exclusive
right to lease all common areas of the shopping mall available for vehicle display, or negotiate the
sale of any vehicle on the premises of the shopping mall. The lease shall be in writing. The dealer
shall maintain a copy of the lease for a period of one year from the date of expiration of the lease and
allow a representative of the department to examine the lease at the dealer's principle place of
business during regular business hours. For purposes of this section, a shopping mall is any building
or series of interconnected buildings containing a minimum of two hundred thousand square feet of
leasable space for occupancy by a variety of retail stores and restaurants which is located in a
municipality with a population that exceeds thirteen thousand. The provisions of this section do not
apply to a licensed dealer with a principal place of business located on the premises of the shopping
mall.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\187.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\188.wpd
CHAPTER 188
(SB 146)
Off-road vehicle dealers exempt from special event permit fees.
ENTITLED, An Act to exempt off-road vehicle dealers from certain special event permit fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-6B be amended by adding a NEW SECTION to read:
Notwithstanding any other provisions of this chapter, an off-road vehicle dealer is not required
to purchase a permit or license to attend any two-day temporary special event location in the county
or adjoining the county the dealer is located in. Any fees or taxes imposed by this title do not apply
to any off-road vehicle dealer attending any two-day temporary special event location pursuant to
this section.
Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\188.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\189.wpd
CHAPTER 189
(HB 1069)
An unladen motor vehicle permit
for certain commercial motor vehicles.
ENTITLED, An Act to establish an unladen motor vehicle permit for certain proportionally
registered commercial motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-10 be amended by adding a NEW SECTION to read:
If a motor vehicle is proportionally registered in South Dakota with the department and the
vehicle may not be operated on highways of this state because of a lease cancellation, the owner of
the vehicle, upon proof of ownership, may obtain an unladen vehicle permit from the Department
of Public Safety in lieu of the payment of other registration fees for the vehicle. The permit
authorizes the operation of the vehicle on the highways of this state and the highways of all member
jurisdictions of the international registration plan for a period not to exceed thirty days.
Any vehicle operated under an unladen vehicle permit issued pursuant to this section may only
be operated while empty and may only be operated for the purpose of securing a new lease to another
carrier or until the owner of the vehicle registers the vehicle in the owner's name under which proper
registration may be obtained. No vehicle may be operated on the highways of this state if the
registration of the vehicle has been cancelled, unless the vehicle owner has been issued an unladen
vehicle permit for that vehicle pursuant to this section.
No owner operating a vehicle without proper registration or an unladen vehicle permit may
operate the vehicle until the owner has purchased an unladen vehicle permit or otherwise obtained
proper registration. Notwithstanding any provisions of law to the contrary, no vehicle operated on
an unladen vehicle permit is subject to the laws of this state relating to motor vehicle titles during
the time of operation on the unladen vehicle permit. The operation of any vehicle on the highways
of this state without proper registration or an unladen vehicle permit is a Class 2 misdemeanor.
Section 2. That chapter 32-10 be amended by adding a NEW SECTION to read:
Application for an unladen vehicle permit shall be made on forms prescribed by the
administrator. The application shall be made to the Department of Public Safety. The application
shall provide an acceptable proof to the Department of Public Safety attesting that the owner of the
vehicle has surrendered all plates, cab cards, and other evidence of previous registration to the
previous registrant before an unladen vehicle permit may be issued. The fee for an unladen vehicle
permit shall be twenty-five dollars and shall be deposited in the state highway fund. If the unladen
vehicle permit fee is paid, no other registration fee is required for any trailer or semitrailer being
towed by the vehicle.
Section 3. That chapter 32-10 be amended by adding a NEW SECTION to read:
Nothing in sections 1 and 2 of this Act changes the vehicle owner's duty to timely file any
necessary fuel tax returns or reports and to timely pay any fuel taxes owed to any state.
Section 4. That chapter 32-10 be amended by adding a NEW SECTION to read:
The administrator may promulgate rules, pursuant to chapter 1-26, in the following areas
regarding unladen vehicle permits:
(1) Design and content of the permit;
(2) Revocation, denial, and suspension of the permit;
(3) Procedures; and
(4) Application requirements.
Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\189.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\190.wpd
CHAPTER 190
(SB 23)
Driver license renewal requirements changed.
ENTITLED, An Act to reduce the driver license renewal requirements regarding the submittal of
documentation of social security numbers and to update certain references to federal regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-3.4 be amended to read:
32-12-3.4. Any applicant under the provisions of this chapter who has been assigned a social
security account number shall, on making initial application for an operator's license, motorcycle
operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit,
motorcycle instruction permit, or nondriver identification card, present to the examiner a Social
Security Administration account number card. If a Social Security Administration account number
card is not available, the applicant may present any of the following documents bearing the
applicant's social security number:
(1) A W-2 form;
(2) A SSA-1099 form;
(3) A non-SSA-1099 form; or
(4) A pay stub with the applicant's name and social security number.
Any applicant lawfully present in a nonimmigrant status who does not present evidence of a
social security account number shall present to the examiner documentation which demonstrates a
nonwork authorized status.
Unless the applicant has been assigned a new number by the Social Security Administration, the
department may not require documentation of an applicant's social security number if the applicant
currently holds a driver license or nondriver identification card that meets the requirements of
6 C.F.R. 37 as amended January 1, 2015.
Section 2. That § 32-12-3.1 be amended to read:
32-12-3.1. Any applicant as provided for in this chapter shall, on making application for an
operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted
minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card,
present to the examiner one of the following documents in order to establish identity and date of
birth:
(1) A certified copy of a United States birth certificate filed with the state office of vital
records or equivalent agency;
(2) A consular report of birth abroad (United States Department of State form FS-240, DS-1350, or FS-545);
(3) A valid, unexpired permanent resident card (form I-551 issued by the United States
Department of Homeland Security or Immigration and Naturalization Services);
(4) An unexpired employment authorization document issued by the United States
Department of Homeland Security (form I-766 or I-688B);
(5) An unexpired foreign passport with a valid, unexpired United States visa affixed
accompanied by the approved I-94 form documenting the applicant's most recent entrance
into the United States;
(6) A certificate of naturalization issued by the United States Department of Homeland
Security (form N-550 or N-570);
(7) A certificate of citizenship form N-560 or N-561 issued by the United States Department
of Homeland Security;
(8) A valid driver license issued by this state or another state that meets the requirements of
6 C.F.R. Part 37 as amended through January 1, 2009 2015, and is acceptable by federal
agencies for official purposes;
(9) Any other document designated by the Department of Homeland Security by publication
in the Federal Register that establishes identity and date of birth; or
(10) A valid, unexpired United States passport.
For all documentation offered by the applicant to provide evidence of identity, date of birth,
social security number or nonwork authorized status, address of principal residence, and lawful
status, the department shall make a copy of the documentation and shall retain the copy for ten years.
All documents retained under this section are confidential. The examiner may, as part of a
documented exceptions process, accept other evidence of identity and date of birth of any applicant
and lawful status of any United States citizen only if the examiner is satisfied that the applicant
cannot, for good reason beyond the applicant's control, produce such primary documents. The
examiner shall record the acceptance of any alternative document under the exceptions process. The
Department of Public Safety may not require new evidence of birth at the time an application is made
by a person holding an operator's license, motorcycle operator's license, restricted minor's permit,
motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver
identification card, if that person's driver license or nondriver identification card meets the
requirements of 6 C.F.R. Part 37 as amended through January 1,
2009 2015, is acceptable by federal
agencies for official purposes, and is turned in to the department with the application. Any person
who obtains a driver license or nondriver identification card pursuant to this section fraudulently or
by use of a fraudulently obtained document is guilty of a Class 1 misdemeanor.
Section 3. That § 32-12-17.10 be amended to read:
32-12-17.10. An operator's license, motorcycle operator's license, restricted minor's permit,
motorcycle restricted minor's permit, instruction permit, and motorcycle instruction permit shall bear
a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date
of birth, gender, principal residence address, an indication if the licensee is a donor pursuant to
chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable
power of attorney for health care pursuant to chapter 59-7, an indication if the licensee is a veteran
pursuant to the provisions of § 32-12-17.15, a full facial digital photograph, a brief description of
the licensee, the licensee's signature, security features designed to deter forgery and counterfeiting,
to promote an adequate level of confidence in the authenticity of the cards, and to facilitate detection
of fraudulent cards, the issue date of the license, the expiration date of the license, an indication that
the license is temporary or limited term if the holder has temporary lawful status in the United States,
the name of this state, and a security marking approved by the United States Department of
Homeland Security reflecting the level of compliance with 6 C.F.R. Part 37 as amended through
January 1, 2009 2015. The department shall indicate upon each license the general class of vehicles
that the licensee may drive. The back of the license shall contain a barcode. The department shall
include in the barcode the name of this state, the information printed on the license, the card design
revision date indicating the most recent change or modification to the visible format of the card, and
an indicator if the license is temporary or limited term. No barcode, or other means by which
information may be retrieved electronically, may contain the licensee's social security number.
Section 4. That § 32-12-43.1 be amended to read:
32-12-43.1. Any person who holds a valid South Dakota operator's license, motorcycle operator's
license, or nondriver identification card that meets the requirements of this chapter and 6 C.F.R. Part
37, as amended to December 29, 2014 January 1, 2015, may apply by mail or electronically for a
replacement or updated license or identification card and a renewal once in any ten year period if:
(1) The applicant is a citizen or national of the United States or is an alien who has permanent
resident status;
(2) The applicant has not had a material change in any personally identifiable information as
defined in § 32-12-1. A change of address of principal residence does not constitute a
material change;
(3) The applicant is not applying for reinstatement after a revocation, disqualification, or
cancellation;
(4) The applicant submits two forms of proof of current address;
(5) In case of a renewal application only, the applicant submits a vision statement signed by
a licensed optometrist or ophthalmologist that supplies proof that the applicant has
adequate eyesight, if the applicant is sixty-five years of age or older at the time of
renewal; and
(6) The applicant has complied with all other provisions of this chapter and is eligible for
renewal by mail or electronic renewal as determined by the Department of Public Safety.
Signed March 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\191.wpd
CHAPTER 191
(HB 1244)
The renewal of driver licenses
by a member of the armed forces and their families.
ENTITLED, An Act to revise certain provisions regarding the renewal of driver licenses by a
member of the armed forces and their families.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-45 be amended to read:
32-12-45. A valid South Dakota operator's license, motorcycle operator's license, restricted
minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction
permit held by any person who enters or is in active duty member of the United States armed forces,
or held by a spouse or a dependent of any active duty military member serving outside this state,
shall continue in full force and effect so long as the service continues and the person remains absent
from this state, and for not to exceed thirty ninety days following the date on which the holder of
such the license is honorably separated from such service or returns to this state, whichever is earlier,
unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The
license is valid only when in the immediate possession of the licensee while driving and the licensee
has military-issued identification, orders, discharge or separation papers, if discharged or separated
from the service, in the licensee's immediate possession. A license may also be renewed
electronically or by mail pursuant to § 32-12-43.1. To renew the license by mail, the holder shall
mail to the Department of Public Safety the appropriate fee pursuant to § 32-12-16, an affidavit
signed by the holder which states that the holder is a member of the United States armed forces and
is in good health, and an affidavit signed by a licensed optometrist or ophthalmologist that supplies
proof that the holder has adequate eyesight. Any person renewing a permit or license under this
section more than thirty days after the expiration date on the permit or license may be required to
show military identification, orders, separation, or discharge papers.
Section 2. That § 32-12-45.1 be repealed.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\192.wpd
CHAPTER 192
(SB 22)
Commercial driver license applicants have three attempts
to pass the commercial driver license exam.
ENTITLED, An Act to allow commercial driver license applicants three attempts to pass the
commercial driver license examination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-12A be amended by adding a NEW SECTION to read:
Any application under this chapter shall be accompanied by the proper fee. Payment of the fee
entitles the applicant to not more than three attempts to pass the commercial driver license
examination within a period of six months from the date of application. Any application for a
commercial driver license shall be made on a form furnished by the department.
Signed February 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\192.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\193.wpd
CHAPTER 193
(HB 1270)
The use of lighted front and rear lamps
on motor vehicles, regulated.
ENTITLED, An Act to adjust the period of time requiring the use of lighted front and rear lamps on
motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-17-4 be amended to read:
32-17-4.
Every Each motor vehicle
upon on a highway
within this state 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 clearly discernible any person on the highway at a distance of two hundred feet ahead,
shall be equipped with lighted front and rear lamps
for the different classes of motor vehicles as
respectively required in §§ 32-17-1 to 32-17-26, inclusive
, for different classes of vehicles and
subject to exemption with reference to lights on parked vehicles as declared. If a motor vehicle is
parked or stopped on a highway, such motor vehicle shall be equipped with lighted front and rear
lamps as required in § 32-17-27. A violation of this section is a Class 2 misdemeanor.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\193.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\194.wpd
CHAPTER 194
(SB 82)
Inspections of large passenger vehicles
used by nonprofit organizations.
ENTITLED, An Act to revise certain provisions providing for the inspections of large passenger
vehicles used by nonprofit organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-21-3.1 be amended to read:
32-21-3.1. Every Each vehicle with a capacity of sixteen or more passengers, including the
driver, which is owned or operated by a nonprofit organization, or privately owned and operated
under a contract with such a nonprofit organization, and used for the transportation of its members
shall be inspected prior to before October first of each year by a representative of an inspector
approved by the Division of Highway Patrol to. The inspector shall ensure that such the vehicle
complies with state law, and the rules of the Division of Highway Patrol regulations. A certificate,
provided by the Division of Highway Patrol, certifying that such the vehicle has successfully passed
such inspection shall be issued by the Division of Highway Patrol inspector and shall be displayed
on the vehicle. The division director of the Division of Highway Patrol shall promulgate rules,
pursuant to chapter 1-26, for minimum safety standards of such the vehicles. Any person operating
a vehicle in violation of this section is guilty of a Class 2 misdemeanor.
Section 2. That chapter 32-21 be amended by adding a NEW SECTION to read:
The Division of Highway Patrol may approve any person who is qualified to perform inspections
of large passenger vehicles operated by a nonprofit organization as provided in § 32-21-3.1 to act
as an inspector. The Department of Public Safety may promulgate rules, pursuant to chapter 1-26,
setting forth specific standards and requirements for approval of the inspectors of large passenger
vehicles operated by nonprofit organizations.
Section 3. That chapter 32-21 be amended by adding a NEW SECTION to read:
Any person performing an inspection under this chapter shall have been previously approved to
act as an inspector by the Division of Highway Patrol. A violation of this section is a Class 2
misdemeanor.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\194.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\195.wpd
CHAPTER 195
(SB 69)
Registration and permit documents
to be stored and presented electronically.
ENTITLED, An Act to allow certain registration and permit documents to be stored and presented
electronically.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 32-22 be amended by adding a NEW SECTION to read:
Any permit issued by a permit issuing authority under this chapter may be presented
electronically as proof of the permit. An electronic copy is considered written evidence of a permit
if the permit was issued by a permit issuing authority and the permit was issued by electronic means.
Section 2. That § 32-10-17 be amended to read:
32-10-17. The administrator shall register the vehicles described and identified in an application
pursuant to § 32-10-15 and shall issue a license plate or plates, or a vehicle registration card, or other
suitable identification device, for each vehicle described in the application upon payment of the fees
for registration and licensing and for the vehicle registration cards or other identification devices.
A fee of three dollars shall be paid for each card or device issued for each proportionally registered
vehicle. The card shall, in addition to the information required by chapter 32-5, bear upon its face
identify the number of the license or other device issued for such the proportionally registered
vehicle and shall be carried in such the vehicle at all times or, in the case of a combination, in the
vehicle supplying the motive power. For purposes of this section, the operator may provide proof
in either paper or electronic format including a display of an electronic image on an electronic
device. In addition to the registration fees, the department shall collect from the owner five dollars
per license plate or set of plates when a plate is sent to the owner through the mail or one dollar per
decal or set of decals if a decal is sent to the owner through the mail. If the applicant requests that
the plate or decal be express mailed, the applicant shall pay any costs for the express mailing service.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\195.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\196.wpd
CHAPTER 196
(SB 114)
The removal and storage of abandoned vehicles.
ENTITLED, An Act to revise certain provisions regarding the removal and storage of abandoned
vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-30-18 be amended to read:
32-30-18. The sheriff, law enforcement officer, or towing removal agency taking custody of any
vehicle under the provisions of §§ 32-30-12 to 32-30-15, inclusive, 32-30-19, and 32-36-4 has a
possessory lien on the vehicle and the contents of the vehicle for the reasonable costs in taking
custody and storing of the vehicle. No lien on the contents of the vehicle may exceed five hundred
dollars. No possessory lien attaches to the tools and implements which a person uses and keeps for
the purpose of carrying on his or her trade or business or to any clothing or food.
Section 2. That § 32-30-18.1 be amended to read:
32-30-18.1. Any owner of a motor vehicle who intentionally abandons a motor vehicle on any
public highway or right-of-way is civilly liable to the towing company removal agency for the
expense of towing the motor vehicle. The owner is also civilly liable for any storage expense
pursuant to § 32-36-8.
Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\196.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\197.wpd
CHAPTER 197
(HB 1113)
Vehicles required to stop at a state weighing station.
ENTITLED, An Act to revise certain provisions regarding the vehicles required to stop at a state
weighing station.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-33-17 be amended to read:
32-33-17. The driver of any towed vehicle, motor truck, truck tractor, or trailer which weighs
single or combination vehicle weighing in excess of eight ten thousand pounds gross vehicle weight,
who fails to stop at or who knowingly passes or bypasses any state weighing station, upon any public
highway, when the station is open and being operated by law enforcement officers or motor carrier
inspectors, is guilty of a Class 2 misdemeanor. This section does not apply to any recreational vehicle
as defined in subdivision 32-3-1(18). For purposes of this section, a combination vehicle is any
vehicle consisting of two or more units including a truck, tractor, or towing vehicle, and one or more
trailers.
Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\197.wpd
MILITARY AFFAIRS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\198.wpd
CHAPTER 198
(HB 1043)
Construction of a National Guard Readiness Center
at the Rapid City Airport.
ENTITLED, An Act to authorize the construction of a National Guard Readiness Center at the Rapid
City Airport, to make an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. The Department of the Military is hereby authorized to contract for the planning, site
preparation, construction, furnishing, and equipping of a National Guard Readiness Center, adjacent
to the Army Aviation Support Facility located at the Rapid City Regional Airport, together with
furnishings and equipment, including heating, air conditioning, plumbing, water, sewer, electric
facilities, sidewalks, parking, access control point, landscaping, architectural and engineering
services, and such other services or actions as may be required to accomplish the project, for an
estimated cost of twenty million dollars.
Section 2. There is hereby appropriated from the general fund the sum of five hundred thousand
dollars ($500,000), or so much thereof as may be necessary, and the sum of three million three
hundred forty-five thousand three hundred forty-five dollars ($3,345,345), or so much thereof as may
be necessary, in federal fund expenditure authority to the Department of the Military for the purposes
authorized in this Act.
Section 3. In addition to the amounts appropriated in section 2 of this Act, the Department of the
Military may accept and expend for the purpose of this Act any funds obtained from gifts,
contributions, or any other source if the acceptance and expenditure is approved in accordance with
§ 4-8B-10.
Section 4. The design and construction of this project shall be under the general charge and
supervision of the Department of the Military. The adjutant general of the Department of the Military
or the state engineer shall approve vouchers and the state auditor shall draw warrants to pay
expenditures authorized by section 1 of this Act.
Section 5. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 6. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\198.wpd
VETERANS AFFAIRS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\199.wpd
CHAPTER 199
(HB 1009)
Benefits provided to veterans, administration updated.
ENTITLED, An Act to revise certain provisions regarding the administration of benefits provided
to veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-12-17.15 be amended to read:
32-12-17.15. A designation that the licensee or card holder is a veteran shall be indicated on the
license, permit, or nondriver identification card issued pursuant to this chapter if the licensee or card
holder:
(1) Is an honorably discharged veteran having served in the armed forces of the United States;
(2) Has requested the designation on the license, permit, or nondriver identification card; and
(3) Has provided proof of the veteran's military service and honorable discharge by
submitting the U.S. military DD Form 214, DD Form 2 (Retired), DD Form 2A (Reserve
Retired),
National Guard Form NGB 22, or a certificate signed by a county veterans
service officer on a form prescribed by the South Dakota Department of Veterans Affairs.
Section 2. That § 33A-1-8 be amended to read:
33A-1-8. The Department of Veterans Affairs may promulgate rules, pursuant to chapter 1-26,
to:
(1) Provide procedures and standards for department personnel to act as agents for veterans
pursuant to § 33A-1-13;
(2) Provide procedures to maintain records to protect the rights of disabled veterans and their
dependents pursuant to § 33A-1-14;
(3) Provide procedures and standards for cooperation and administration of burial of veterans
pursuant to § 33A-1-15;
(4)(3) Provide procedures and requirements to assist in securing veterans' benefits and to train
county and tribal veterans service officers to provide such assistance pursuant to § 33A-1-16; and
(5)(4) Provide procedures for investigations pursuant to § 33A-1-20.
Section 3. That § 33A-2-8 be amended to read:
33A-2-8. The provisions of subdivision 43-28-2(7) apply to certificates any certificate of
discharge of all persons who are veterans any person who is a veteran as defined in § 33A-2-1. The
certificates certificate shall be recorded without charge and a certified copies copy of each version
of the veteran's discharge, excluding any copy that does not reflect the veteran's character of
discharge, shall be furnished to the persons person named therein or their in the certificate or the
person's dependents without charge if requested for the purpose of presenting or prosecuting claims
a claim for compensation or pension. Otherwise, a discharge document recorded by the recorder or
a designated official may be made available only to the veteran, the veteran's parents, the veteran's
next of kin, the veteran's legal representative, a county veterans service officer, a nationally
accredited veterans' organization service officer, the Department of Veterans Affairs, or the veteran's
designee. Any person requesting a discharge document shall complete a form containing a statement
specifying the person's eligibility to receive the document based upon this section. The Department
of Veterans Affairs shall provide such the forms to each county register of deeds.
Section 4. That § 33A-2-14 be amended to read:
33A-2-14. Any person who served in the National Guard or reserve personnel and who put in
periods served a period of active duty for training in the federal forces may not be included among
the beneficiaries of §§ 33A-2-10 to 33A-2-33, inclusive, unless they were the person was called for
further active duty. If they were the person was called for further active duty they are, the person is
eligible for the bonus for the time so served and for the time spent in active duty for training if that
time was within the eligible period fixed in § 33A-2-13. However, the commission department may
promulgate rules, pursuant to chapter 1-26, to specify special circumstances under which service by
a person who served in the National Guard or reserve personnel in a training or active duty status
may qualify for the bonus if such the service involved participation in or direct support of military
operations or activities that would qualify for benefits under § 33A-2-13.
Section 5. That § 33A-2-15 be amended to read:
33A-2-15. Any bonus earned pursuant to § 33A-2-13 that is based on qualifying service during
the period September 11, 2001, to a date to be determined by the South Dakota Legislature, shall be
paid at the rate of one hundred dollars for the first month and twenty dollars for each subsequent
month of active duty in the armed forces during such period, to a maximum bonus of two hundred
forty dollars. However, any person who qualifies for a bonus pursuant to § 33A-2-13 and who has
received or is eligible to receive, based on service in the armed forces from January 1, 1993, to a date
to be determined by the South Dakota Legislature, the southwest Asia service medal, the armed
forces expeditionary medal, Kosovo campaign medal, Afghanistan campaign medal, Iraq campaign
medal, global war on terrorism expeditionary medal, global war on terrorism service medal, or other
a United States campaign or service medal awarded for participation outside the boundaries of the
United States in combat operations against hostile forces, shall, for the time served in one or more
such areas qualifying for any of the medals listed in this section, be paid one hundred fifty dollars
for the first month and fifty dollars for each subsequent month of such service, up to a maximum
bonus, together with any payments pursuant to this section for service not qualifying for any such
medal, of five hundred dollars.
Section 6. That § 33A-2-21 be amended to read:
33A-2-21. The South Dakota Legislature finds and declares the bonus provided under §§ 33A-2-10 to 33A-2-33, inclusive, shall be paid as soon as this state has adequate and sufficient funds to do
so. There are hereby authorized such sums of money as are necessary to pay the bonus, and all
administrative expenses of the commission in connection with payment of the bonus, to be
appropriated by subsequent sessions of this the Legislature or to be otherwise paid as provided by
law.
Section 7. That § 33A-2-24 be amended to read:
33A-2-24. In case of the death of any person after July 1, 1969 August 2, 1990, who would, if
alive, be entitled to benefits under §§ 33A-2-10 to 33A-2-33, inclusive, the bonus shall be paid to
the person's dependents, if any. If there is more than one dependent, payment shall be made in a
proportion determined by the commission and in the order of preference as follows: wife or husband,
children, mother, father, foster mother, and foster father secretary.
Section 8. That § 33A-2-35 be amended to read:
33A-2-35. The Department of Veterans Affairs shall implement a homeless veterans initiative
program. In implementing the program, the state shall attempt to coordinate with, provide assistance
to, and seek assistance from the United States Department of Veterans Affairs and other agencies
for the purpose of establishing and administering a comprehensive, integrated, and coordinated
program for homeless veterans. The purpose of the program is to:
(1) Seek federal funding and grants to implement the program and to improve and expand
current services for homeless veterans;
(2) Emphasize training of county veterans service officers and tribal veterans service officers
to seek out and identify homeless veterans and provide them with information, assistance,
and proper referrals; and
(3) Coordinate with the United States Department of Veterans Affairs and other agencies in
an ongoing needs assessment and evaluation of the program
work with federal officials
and any organization or consortium to develop a program or initiative for homeless
veterans. The department shall encourage county and tribal veterans service officers to
participate in a veterans homeless program or initiative.
Section 9. That § 33A-4-23 be amended to read:
33A-4-23. Any member of the State Veterans' Home who receives a pension or compensation
and who has is determined to have a dependent spouse or minor child shall deposit with the
superintendent immediately on receipt of the pension or compensation check one-half of the amount.
The amount deposited with allow for one-half of the member's total gross income to be paid to the
dependent spouse or minor child. If the superintendent shall be sent at once to the spouse if the
spouse is dependent upon the spouse's own labor or others for support, or, if there is no spouse, to
the conservator of the minor children if dependent upon others for support. The superintendent, if
satisfied that determines the member's spouse has deserted the member, or is of bad character not
supporting the best interest of the member, or is not dependent upon others for support, may pay the
money deposited as provided in this section to the guardian or conservator of the dependent minor
children the support of the member, the superintendent shall remove this allowance.
Section 10. That § 33A-5-2 be amended to read:
33A-5-2. The state shall pay a sum not to exceed one hundred dollars for the burial of a veteran.
Any veteran as defined by § 33A-2-1 or the veteran's spouse shall be buried at the expense of the
state if:
(1) The veteran was a citizen of the United States and a resident of South Dakota for one year
preceding the veteran's entrance into military service or preceding the veteran's death;
(2) The veteran's estate or the estate of the veteran's spouse, whether living or deceased, or
the immediate family or relatives of the veteran or the veteran's spouse are unable to
defray the expenses of the veteran's or the veteran's spouse's funeral; and
(3) The surviving spouse or relatives of the deceased veteran furnish an affidavit acceptable
to the county or tribal veterans' service officer or field officer of the Department of
Veterans Affairs that the estate of the decedent or of his or her surviving spouse is not
sufficient to defray the funeral expenses.
A claim for payment or reimbursement of the burial shall be filed or presented to the Department
of Veterans Affairs within one year of the date of the burial.
Section 11. That § 33A-5-3 be repealed.
Signed February 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\200.wpd
CHAPTER 200
(HB 1010)
Federal law protections
for National Guard members ordered to active duty.
ENTITLED, An Act to revise certain provisions regarding federal protections for National Guard
members ordered to active duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 33A-2-9 be amended to read:
33A-2-9. If any Any resident of this state who is a member of the South Dakota any state's
National Guard who is ordered to active duty service by the Governor of the State of South Dakota
that state or the President of the United States, the member has all protections afforded to persons
serving on federal active duty by the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50
App. U.S.C.A. 501-548 and 560-591, as amended to January 1, 2007, and by the Uniformed Services
Employment and Reemployment Rights Act, 108 Stat. 3149, 38 U.S.C.A. 4301 to 4333, as amended
to January 1, 2007.
Signed February 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\201.wpd
CHAPTER 201
(SB 91)
Authorization and appropriation
for state veterans cemetery in Sioux Falls.
ENTITLED, An Act to authorize the Department of Veterans Affairs to provide for the design,
construction, and equipping of a state veterans cemetery in Minnehaha County, to create a
veterans cemetery fund, to make an appropriation therefor, and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
There is hereby created in the state treasury the South Dakota State Veterans Cemetery operating
fund, into which shall be deposited disbursements from the endowment fund created in section 2 of
this Act, and revenues generated by the South Dakota State Veterans Cemetery.
Section 2. That the code be amended by adding a NEW SECTION to read:
The South Dakota State Veterans Cemetery endowment fund may be established within the
South Dakota Community Foundation. The purpose of the endowment fund is to provide a fund for
any person who wishes to contribute to the endowment fund to fund the construction and operation
of the South Dakota State Veterans Cemetery. This fund shall be administered by the South Dakota
Community Foundation. Any disbursements from this endowment fund shall be deposited into the
fund created in section 1 of this Act.
Section 3. That the code be amended by adding a NEW SECTION to read:
Donations to the South Dakota State Veterans Cemetery endowment fund shall be deposited into
the fund to reach a minimum principle balance of three million dollars ($3,000,000) by July 1, 2023.
Notwithstanding the minimum principle balance under this section, expenditures may be made prior
to July 1, 2023. If the minimum principle balance is reached prior to July 1, 2023, no expenditures
may reduce the principle balance below three million dollars ($3,000,000).
Section 4. That the code be amended by adding a NEW SECTION to read:
The South Dakota Veterans Council shall report annually to the Joint Committee on
Appropriations on the balance of the South Dakota Veterans Cemetery endowment fund.
Section 5. That the code be amended by adding a NEW SECTION to read:
The State of South Dakota may accept the donation of a suitable amount of land from the city
of Sioux Falls, South Dakota, for the purposes of establishing and maintaining a state veterans'
cemetery in Minnehaha County.
Section 6. That the code be amended by adding a NEW SECTION to read:
The secretary of veterans affairs shall submit a state cemetery pre-application to the National
Cemetery Administration as provided in 38 CFR 39.31 prior to July 1, 2018.
Section 7. That the code be amended by adding a NEW SECTION to read:
The secretary of veterans affairs shall submit a state cemetery grant application to the National
Cemetery Administration as provided in 38 CFR 39.31 and to contract for the design, construction,
equipping, and any other action that may be required to provide for a state veterans cemetery in
Minnehaha County, South Dakota, at an estimated cost of six million dollars.
Section 8. 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 Veterans'
Affairs to provide for the design and planning work necessary for a state veterans cemetery.
Expenditures for such design and planning work may only be completed upon approval by the
National Cemetery Administration of the grant application allowed under section 6 of this Act. Upon
reimbursement of these funds from the federal government these funds shall be deposited in the
operating fund created under section 1 of this Act.
Section 9. That the code be amended by adding a NEW SECTION to read:
There is hereby appropriated the sum of six million dollars ($6,000,000), or so much thereof as
may be necessary, in federal fund expenditure authority to the Department of Veterans Affairs for
the purposes of this Act.
Section 10. The secretary of veterans affairs shall approve vouchers and the state auditor shall
draw warrants to pay expenditures authorized by this Act.
Section 11. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 12. 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 23, 2018
_______________
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PUBLIC HEALTH AND SAFETY
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\202.wpd
CHAPTER 202
(SB 164)
Catheter use without consent of the patient prohibited.
ENTITLED, An Act to prohibit certain instances of inserting a urinary catheter without consent of
the patient.
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 a health care provider or any other person authorized
to insert a urinary catheter may not insert a catheter into a patient under the age of sixteen without
the verbal or written consent of the child's parent or guardian unless it is a medical emergency or a
medical necessity.
Signed March 9, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\203.wpd
CHAPTER 203
(SB 32)
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-12 be amended to read:
34-20B-12. Any of the following substances, including their isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever
the existence of such isomers, esters, ethers, and salts is possible within the specific chemical
designation:
(1) Acetylmethadol;
(2) Allylprodine;
(3) Alphacetylmethadol, except levo-alphacetylmethadol, also known as
levo-alpha-acetylmethadol, levomethadyl acetate or LAAM;
(4) Alphameprodine;
(5) Alphamethadol;
(6) Benzethidine;
(7) Betacetylmethadol;
(8) Betameprodine;
(9) Betamethadol;
(10) Betaprodine;
(11) Clonitazene;
(12) Dextromoramide;
(13) Diampromide;
(14) Diethyliambutene;
(15) Dimenoxadol;
(16) Dimepheptanol;
(17) Dimethyliambutene;
(18) Dioxaphetyl butyrate;
(19) Dipipanone;
(20) Ethylmethylthiambutene;
(21) Etonitazene;
(22) Etoxeridine;
(23) Furethidine;
(24) Hydroxypethidine;
(25) Ketobemidone;
(26) Levomoramide;
(27) Levophenacylmorphan;
(28) Mecloqualone;
(29) Morpheridine;
(30) Noracymethadol;
(31) Norlevorphanol;
(32) Normethadone;
(33) Norpipanone;
(34) Phenadoxone;
(35) Phenampromide;
(36) Phenomorphan;
(37) Phenoperidine;
(38) Piritramide;
(39) Proheptazine;
(40) Properidine;
(41) Racemoramide;
(42) Trimeperidine;
(43) Methaqualone;
(44) N-benzylpiperazine; and
(45) 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]-benzenesulfonamide, W-18.
Section 2. That § 34-20B-13 be amended to read:
34-20B-13. Any of the following opium derivatives, their salts, isomers, esters, ethers, and salts
of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the
existence of such salts, isomers, esters, ethers, and salts of isomers, esters, and ethers 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, including:
(a) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl); and
(b) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (furanyl fentanyl).
Any substituted derivatives of fentanyl unless specifically excepted, listed in
another schedule, or contained within a pharmaceutical product approved by the
United States Food and Drug Administration, that is structurally related to fentanyl
by modification in any one or more of the following ways:
(a) By replacement of the phenyl portion of the phenethyl group by any monocycle
whether or not further substituted in or on the monocycle;
(b) By substitution in or on or replacement of the phenethyl group with alkyl, alkenyl,
alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(c) By substitution in or on the piperadine ring with alkyl, alkenyl, alkoxyl, ester,
ether, hydroxyl, halo, haloalkyl, amino, phenyl, substituted phenyl, or nitro groups;
(d) By replacement of the aniline ring with any aromatic monocycle whether or not
further substituted in or on the aromatic monocycle; or
(e) By the replacement of the N-propionyl group by another acyl group.
Some trade and other names: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl
fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (furanyl fentanyl);
N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl, acryloylfentanyl);
N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl or
2-fluorofentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide
(tetrahydrofuranyl fentanyl);
2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl fentanyl);
and N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (cyclopropyl
fentanyl);
(21) 1-Methyl-4-phenyl-4-propionoxypiperidine;
(22) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine; and
(23) 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700);
(24) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45); and
(25) 3,4-dichloro-N-[(1dimethylamino)cyclohexylmethyl]benzamide (AH-7921).
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, naloxone, and naloxegol, and
naldemedine;
(3) Any salt, compound, derivative, or preparation thereof which that 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) Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product
approved for marketing by the United States Food and Drug Administration.
Section 4. That § 34-20B-20 be amended to read:
34-20B-20. Any material, compound, mixture, or preparation is included in Schedule III which
that contains any quantity of the following substances having a potential for abuse associated with
a depressant effect on the central nervous system:
(1) Any substance which that contains any quantity of a derivative of barbituric acid, or any
salt of a derivative of barbituric acid, except those substances which that are specifically
listed in other schedules;
(2) Chloral betaine;
(3) Chloral hydrate;
(4) Chlorhexadol;
(5) Lysergic acid;
(6) Lysergic acid amide;
(7) Methyprylon;
(8) Sulfondiethylmethane;
(9) Sulfonethylmethane;
(10) Sulfonmethane;
(11) Amobarbital, pentobarbital, and secobarbital in suppository dosage form;
(12) Gamma hydroxy butyrate;
(13) Dronabinol in sesame oil and encapsulated in a gelatin capsule in a drug product approved
for marketing by the United States Food and Drug Administration;
(14) Buprenorphine;
(15) Embutramide;
(16) Perampanel [2-(2-oxo-1-phenyl-5-pyridin-2-yl-1,2-dihydropyridin-3-yl) benzonitrile],
including its salts, isomers, and salts of isomers.
Section 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 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\204.wpd
CHAPTER 204
(SB 93)
The intentional exposure of others to certain diseases.
ENTITLED, An Act to revise certain provisions regarding the intentional exposure of others to
certain diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-23-1 be amended to read:
34-23-1. Syphilis, gonorrhea, and chancroid hereinafter are designated as to be venereal diseases
and are hereby declared to be contagious, infectious, communicable, and dangerous to the public
health. It is a Class 2 misdemeanor for anyone Any person infected with these diseases or any of
them to expose a venereal disease under this section who intentionally exposes another person to
infection of that venereal disease is guilty of a Class 1 misdemeanor.
Section 2. That the code be amended by adding a NEW SECTION to read:
Any person who knowingly violates the provisions of § 22-18-31, section 1 of this Act, or § 34-22-5 is liable for civil damages.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\204.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\205.wpd
CHAPTER 205
(SB 110)
Legislative findings pertaining to pre-abortion counseling.
ENTITLED, An Act to establish certain findings pertaining to pre-abortion counseling practices by
abortion providers in South Dakota and to amend provisions regarding mandatory third-party
pre-abortion counseling.
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 the Planned Parenthood facility in Sioux Falls, South Dakota is the
only abortion clinic in the state of South Dakota and approximately ninety-eight percent of all
abortions performed in South Dakota are performed at that Planned Parenthood facility.
Section 2. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the physicians, agents, and employees performing or assisting in the
performance of abortions and pre-abortion counseling at the Planned Parenthood facility in Sioux
Falls, South Dakota have been providing pre-abortion counseling that does not comply with the
mandatory disclosures required by subsections 34-23A-10.1(1)(b) and (e)(ii).
Section 3. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the physicians, agents, and employees performing or assisting in the
performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide
pregnant mothers written disclosures that include the statement:
"Politicians in the State of South Dakota require us to tell you that some studies have
found that women who have had abortions have a higher rate of suicide or thoughts of
suicide than other women. We dispute this statement because it does not mean that
abortion causes suicide or thoughts of suicide. In fact, no research study has ever
established that abortion causes suicide or thoughts of suicide. Planned Parenthood and
other medical organizations around the world believe that whether a woman chooses to
have an abortion or to have a baby, her chance of having thoughts of suicide or trying
suicide will be the same."
Section 4. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the disclosure in section 3 of this Act, made at the Planned Parenthood
facility in Sioux Falls, South Dakota does not comply with subsection 34-23A-10.1(1)(e)(ii), and
expressly denies the disclosure required by that subsection of South Dakota's informed consent
abortion law.
Section 5. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the failure to comply with the provisions of subsection
34-23A-10.1(1)(e)(ii) is contrary to the interests of pregnant mothers and pregnant mothers' need to
make informed and voluntary decisions, and is not in keeping with the spirit and purpose of
§§ 34-23A-1.3 to 34-23A-1.7, inclusive, and 34-23A-10.1, and the holding of the United States
Court of Appeals in
Planned Parenthood v. Rounds, 686 F.3d 889 (8th Cir. 2012)(
en banc) and the
final amended judgment of the U.S. District Court, dated December 28, 2012.
Section 6. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the physicians, agents, and employees performing or assisting in the
performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide
pregnant mothers written disclosures that include the statement:
"Politicians in the State of South Dakota require us to tell you that, as a matter of biology,
the abortion will end a developing, living organism (an "embryo" or a "fetus") of the
human species ("Homo sapiens") that has a complete, separate genetic makeup that is
unique to that embryo or fetus."
Section 7. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the disclosure in section 6 of this Act, made at the Planned Parenthood
facility in Sioux Falls, South Dakota given to pregnant mothers considering an abortion does not
comply with subsection 34-23A-10.1(1)(b), and is confusing and inaccurate.
Section 8. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the failure to comply with subsection 34-23A-10.1(1)(b) is contrary
to the interests of pregnant mothers and pregnant mothers' need to make truly informed and voluntary
decisions, and is not in keeping with the spirit and purpose of the law and the holdings of the United
States Court of Appeals in
Planned Parenthood v. Rounds, 530 F.3d 724 (8th Cir. 2008)(
en banc)
and the United States District Court, entered August 20, 2009,
Planned Parenthood v. Rounds, 650
F.Supp. 2d 972, 976 (S.D., S. Div. 2009).
Section 9. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the physicians, agents, and employees performing or assisting in the
performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have
provided written disclosures before an abortion that do not adequately disclose or adequately explain
the mandatory disclosures required by subsections 34-23A-10.1(1)(c) and (d).
Section 10. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the physicians, agents, and employees performing or assisting in the
performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota provide
written disclosures to pregnant mothers considering an abortion that include the statement:
"Politicians in the State of South Dakota require us to tell you that you are legally and
constitutionally protected against being forced to have an abortion."
Section 11. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that, while the statement in section 10 of this Act is a true statement, the
statement fails to adequately provide, explain, or discuss the disclosures actually required by
subsections 34-23A-10.1(1)(c) and (d) which requires a disclosure "(c) [t]hat 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," and "(d) [t]hat by having
an abortion, her existing relationship and her existing constitutional rights with regards to that
relationship would be terminated."
Section 12. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that failure to adequately provide and discuss the disclosures required by
subsections 34-23A-10.1(1)(c) and (d) is contrary to the interests of pregnant mothers considering
an abortion and the required disclosures are important for the pregnant mothers to fully understand
that the pregnant mother has an existing relationship with her unborn child while the child is in utero,
that the law recognizes this relationship has value to her, and that by terminating that relationship
she loses something of great value to herself, and gives up one of the greatest rights she has in all
of life.
Section 13. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds and reaffirms that it is essential to the ability of a pregnant mother to make
a truly informed and voluntary consent to an abortion, and essential to the legal protection of her
constitutional rights to maintain her relationship with her child, and that she have a full appreciation
and understanding of the disclosures required by subsections 34-23A-10.1(1)(b), (c) and (d).
Section 14. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the use of the phrase "politicians in the State of South Dakota require
us to tell you that..." is antithetical to the purpose and effectiveness of the disclosures, and evidences
a hostility to the required disclosures and signals to the pregnant mothers that the required
disclosures, to the extent they are made at all, should be ignored.
Section 15. That chapter 34-23A be amended by adding a NEW SECTION to read:
The Legislature finds that the physicians, agents, and employees who perform or assist in the
performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have
proven to be unreliable providers and counselors of the disclosures required by subsections
34-23A-10.1(1)(b), (c), (d), and (e)(ii), such that it is in the interests of the pregnant mothers that
disclosures required by subsections 34-23A-10.1(1)(b), (c), and (d) be included in the mandatory
third party counseling provided by registered pregnancy help centers as authorized by § 34-23A-59.
Section 16. That § 34-23A-59 be amended to read:
34-23A-59. A pregnancy help center consultation required by §§ 34-23A-53 to 34-23A-59.2,
inclusive, shall be implemented as follows:
(1) The pregnancy help center shall be permitted to interview:
(a) 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;
(b) Provide counseling in connection with any coercion or pressure;
(c) Inform the pregnant mother in writing or orally, or both, what of the counseling,
education, and assistance that is available to the pregnant mother to help assist her
maintain in maintaining her relationship with her unborn child and help her care
in caring for the child both through the pregnancy help center or any other
organization, faith-based program, or governmental program;
(d) Provide a statement orally and in writing to the pregnant mother that "an abortion
will terminate the life of a whole, separate, unique, living human being," and
provide counseling in lay terms that explain this disclosure, and to ascertain that
the pregnant mother understands this disclosure, and for the purpose of this
disclosure, the definition of human being found in subdivision 34-23A-1(4)
applies; and
(e) Provide statements orally and in writing setting forth the disclosures required by
subsections 34-23A-10.1(1)(c) and (d) and provide counseling in lay terms that
explain those disclosures. 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-59.2,
inclusive, no pregnancy help center, its agents or employees, may discuss The pregnancy
help center, its agents, or employees may not:
(a) Discuss with any pregnant mother religion or religious beliefs, either of the mother
or the counselor, unless the pregnant mother consents in writing;
(b) Discuss the physical or psychological risks to a woman posed by an abortion.
However, if, during the mandatory pregnancy help center consultation interview,
the pregnant mother requests the opportunity to discuss the risks of an abortion
with pregnancy help center personnel, the pregnancy help center may schedule a
separate and distinct appointment for the pregnant mother to meet with a physician
for the purpose of discussing the physical and psychological risks of abortion. Any
requests shall be evidenced in writing signed by the pregnant mother;
(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-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-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-59.2, inclusive, may be construed to impose any liability
upon a pregnancy help center. However, the failure of a pregnancy help center to comply with the
conditions of § 34-23A-58.1, 34-23A-59.1 or this section 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.
Signed March 7, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\206.wpd
CHAPTER 206
(SB 88)
Disinterment permits.
ENTITLED, An Act to revise certain provisions in regarding disinterment permits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-25-38.1 be amended to read:
34-25-38.1. A disinterment permit shall be issued by the department upon receipt of a written
or electronic application from a person licensed by the State Board of Funeral Service or upon
receipt of an order of a court of competent jurisdiction directing the disinterment. If the disinterment
is not directed pursuant to a court order, the department may not issue a disinterment permit without
the written consent of the surviving spouse, or in the case of a spouse's absence, death, or incapacity,
the next of kin within the same degree of kinship. In the case of a minor, if the disinterment is not
directed pursuant to a court order, the department may not issue a disinterment permit for the minor
without the written consent of the surviving parents. The Department of Health may promulgate
rules pursuant to chapter 1-26 to establish the process for issuing a disinterment permit that is not
directed pursuant to a court order. The disinterment permit becomes effective as provided in this
section. Unless the disinterment permit was issued as the result of a court order, the department shall,
upon issuance of the disinterment permit, notify the affected cemetery board of directors appointed
pursuant to § 7-26-7 or 9-12-18 or the board of county commissioners of the county in which the
disinterment is to occur
, or in the case of a disinterment for an enrolled tribal member, the tribal
chairperson on the issuance of the permit. The cemetery board of directors
, or the board of county
commissioners
, or the tribal chairperson may request the circuit court to prevent the disinterment.
The disinterment permit shall take effect within fifteen days after its issuance unless the circuit court
has ordered otherwise. The disinterment permit authorizes disinterment, transportation, and
reinterment of a dead body or fetus. Authorities in charge of a cemetery may not transfer bodies
buried in one part of the cemetery to another part without the authority of a disinterment permit.
Section 2. That ARSD 44:09:03:04 be amended to read:
44:09:03:04...Disinterment permits. Upon issuance of a disinterment permit by the Department
of Health, the department shall notify in writing the affected cemetery board of directors or board
of county commissioners and
, if the permit is in regard to an enrolled tribal member, the applicable
tribal chairman. The notice
must shall be postmarked no later than two business days after receipt
of the application for a disinterment permit with all required signatures
and sent by registered or
certified mail, return receipt requested or within two business days after the department is notified
the permit is in regard to an enrolled tribal member.
The department will keep a copy of the
registered or certified mail receipt on file for a period of at least one year.
Signed February 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\207.wpd
CHAPTER 207
(HB 1015)
Explosives, pyrotechnics, and fireworks
to protect sunflower crops, regulation changed.
ENTITLED, An Act to repeal the use of explosives, pyrotechnics, and fireworks for the protection
of sunflower crops from depredating birds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-36-7 be repealed.
Section 2. That § 34-36-8 be repealed.
Section 3. That § 34-37-20 be repealed.
Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\207.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\208.wpd
CHAPTER 208
(SB 98)
Revise provisions regarding the 911 emergency surcharge.
ENTITLED, An Act to revise certain provisions regarding the 911 emergency surcharge, the public
safety 911 emergency fund, and revenue distribution and to repeal the 911 emergency surcharge
sunset clause.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-45-4 be amended to read:
34-45-4. A monthly uniform 911 emergency surcharge of one dollar and twenty-five cents shall
be assessed per service user line. The proceeds of this the 911 emergency surcharge shall be used
to pay for allowable nonrecurring and recurring costs of the 911 system. No 911 emergency
surcharge may be imposed upon more than one hundred service user lines or equivalent service, per
customer account billed, per month. In the case of multi-station network systems, the service user
lines shall be equal to the number of calls that can simultaneously be made from such the system to
the public switched telephone network. No prepaid wireless telecommunications service is subject
to the 911 emergency surcharge imposed under this section.
Section 2. That chapter 34-45 be amended by adding a NEW SECTION to read:
The Department of Revenue shall transfer the surcharges collected pursuant to §§ 34-45-4 and
34-45-4.2 to the Department of Public Safety. The Department of Public Safety shall remit each
month seventy percent of the revenue collected from the 911 emergency surcharges imposed by § 34-45-4 to the public agency where the surcharges were collected. However, if the public safety
answering point is not in compliance with the standards for operation and utilization of public safety
answering points as determined by the board, the board shall notify the public agency receiving the
revenue. If within ninety days the public safety answering point serving the public agency does not
become compliant with the standards for operation or utilization or submit a plan to the board to be
approved by the board, detailing how the public safety answering point will become compliant, the
Department of Public Safety shall withhold the revenue from the public agency. If within one
hundred eighty days of the notice given to the public agency, the public safety answering point does
not become compliant or receive approval from the board of the plan to become compliant, the
revenue collected within the public agency shall be deposited into the public safety 911 emergency
fund created pursuant to section 3 of this Act. If within one hundred eighty days of the notice given
to the public agency, the public safety answering point becomes compliant or receives approval from
the board of a plan to become compliant, any revenue to the public agency withheld by the
department shall be remitted to the public agency.
The secretary of the Department of Public Safety shall approve vouchers and the state auditor
shall draw warrants to pay each public agency its share of the distribution. The Department of Public
Safety shall deposit thirty percent of the revenue collected from the 911 emergency surcharges
imposed by § 34-45-4 into the public safety 911 emergency fund created pursuant to section 3 of this
Act. The Department of Public Safety shall deposit all of the revenue collected from the prepaid
wireless service surcharge imposed by § 34-45-4.2 into the South Dakota 911 coordination fund
created pursuant to § 34-45-12.
Section 3. That chapter 34-45 be amended by adding a NEW SECTION to read:
There is hereby created within the state treasury the public safety 911 emergency fund. Any
money in the public safety 911 emergency fund is continuously appropriated for distribution as
provided in this section. A public safety answering point is eligible to receive a distribution from the
public safety 911 emergency fund if the public safety answering point is in compliance with the
standards for operation and utilization of public safety answering points as determined by the board
and either serves a population of more than thirty thousand or covers an area that includes three or
more counties. The board shall notify each public safety answering point when the list of public
safety answering points eligible for funding pursuant to this section changes. The Department of
Public Safety shall:
(1) Distribute twenty-six percent of the money deposited in the fund based on the ratio of the
population of each eligible public safety answering point to the population of all the
eligible public safety answering points; and
(2) Transfer seventy-four percent of the money deposited in the fund to the South Dakota 911
coordination fund.
The Department of Public Safety shall base the allocation of money for population on the most
recent decennial census of the United States Department of Commerce, Bureau of the Census and
the population estimate published by the United States Census Bureau for each year ending in five.
The Department of Public Safety shall make distributions from the public safety 911 emergency fund
each quarter. The secretary of the Department of Public Safety shall approve vouchers and the state
auditor shall draw warrants to pay each public safety answering point its share of the distribution.
Section 4. That section 24 of chapter 188 of the 2012 Session Laws be repealed.
Section 5. That section 25 of chapter 188 of the 2012 Session Laws be repealed.
Section 6. That section 26 of chapter 188 of the 2012 Session Laws be repealed.
Section 7. That section 28 of chapter 188 of the 2012 Session Laws be repealed.
Section 8. That section 2 of chapter 162 of the 2017 Session Laws be repealed.
Signed March 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\209.wpd
CHAPTER 209
(SB 99)
Release 911 emergency surcharge information
to public safety answering points.
ENTITLED, An Act to authorize the release of certain 911 emergency surcharge information to
public safety answering points.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34-45-8.2 be amended to read:
34-45-8.2. Any entity who is registered pursuant to this chapter or any entity required to collect
and remit the surcharges imposed by § 34-45-4 or 34-45-4.2 shall file returns or reports by electronic
means on a monthly basis with the Department of Revenue and shall remit the surcharges by
electronic transfer on a monthly basis to the department unless the secretary of the Department of
Revenue permits an entity to file returns or reports by nonelectronic means and permits an entity to
remit surcharges by nonelectronic means. If an entity does not have internet access on the business
premises, the secretary of revenue shall permit an entity to file returns or reports by nonelectronic
means and permit an entity to remit surcharges by nonelectronic means.
The Department of Revenue shall provide to the Department of Public Safety 911 emergency
surcharge data and information from the returns or reports filed with the Department of Revenue.
Notwithstanding any other provision of law, the Department of Public Safety or the Department of
Revenue may provide 911 emergency surcharge data and information to a governing body or a public
safety answering point only relating to the requesting governing body or public safety answering
point. The governing body or public safety answering point may only contact the Department of
Public Safety or Department of Revenue with questions relating to the requesting governing body
or public safety answering point. Any data or information obtained by a governing body or public
safety answering point pursuant to this section is confidential and may not be disclosed by the
governing body or public safety answering point.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\209.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\210.wpd
CHAPTER 210
(SB 20)
The State and Province Emergency Management Assistance
Memorandum of Understanding, enacted.
ENTITLED, An Act to enact the State and Province Emergency Management Assistance
Memorandum of Understanding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-48A be amended by adding a NEW SECTION to read:
The State and Province Emergency Management Assistance Memorandum of Understanding is
hereby enacted into law and entered into by the State of South Dakota with all other states legally
joining the agreement, in the form substantially as follows:
ARTICLE I - PURPOSE AND AUTHORITIES
The State and Province Emergency Management Assistance Memorandum of Understanding,
hereinafter referred to as the compact, is made and entered into by and among such of the
jurisdictions as shall enact or adopt this compact, hereinafter referred to as participating jurisdictions.
For the purposes of this compact, the term, jurisdictions, may include any or all of the states of
Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, North Dakota, Pennsylvania, New York, and
Wisconsin, and the Canadian Provinces of Alberta, Manitoba, Ontario, and Saskatchewan, and such
other states and provinces as may hereafter become a party to this compact. The term, states, means
the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all territorial
possessions of the United States. The term, province, means the ten political units of government
within Canada.
The purpose of this compact is to provide for the possibility of mutual assistance among the
participating jurisdictions in managing any emergency or disaster when the affected jurisdiction or
jurisdictions ask for assistance, whether arising from natural disaster, technological hazard, manmade
disaster, or civil emergency aspects of resource shortages. This compact also provides for the process
of planning mechanisms among the agencies responsible and for mutual cooperation, including civil
emergency preparedness exercises, testing, or other training activities using equipment and personnel
simulating performance of any aspect of the giving and receiving of aid by participating jurisdictions
or subdivisions of participating jurisdictions during emergencies, with such actions occurring outside
emergency periods.
ARTICLE II - GENERAL IMPLEMENTATION
Each participating jurisdiction entering into this compact recognizes that many emergencies may
exceed the capabilities of a participating jurisdiction and that inter-governmental cooperation is
essential in such circumstances. Each participating jurisdiction further recognizes that there will be
emergencies that may require immediate access and present procedures to apply outside resources
to make a prompt and effective response to such an emergency because few, if any, individual
jurisdictions have all the resources they need in all types of emergencies or the capability of
delivering resources to areas where emergencies exist. On behalf of the participating jurisdictions
in the compact, the legally designated official who is assigned responsibility for emergency
management is responsible for formulation of the appropriate inter-jurisdictional mutual aid plans
and procedures necessary to implement this compact, and for recommendations to the participating
jurisdiction concerned with respect to the amendment of any statutes, regulations, or ordinances
required for that purpose.
ARTICLE III - PARTICIPATING JURISDICTION RESPONSIBILITIES
(a) FORMULATE PLANS AND PROGRAMS - It is the responsibility of each participating
jurisdiction to formulate procedural plans and programs for inter-jurisdictional cooperation in the
performance of the responsibilities listed in this section. In formulating and implementing such plans
and programs the participating jurisdictions, to the extent practical, may:
(1) Share and review individual jurisdiction hazards analyses that are available and determine
all those potential emergencies the participating jurisdictions might jointly suffer, whether
due to natural disaster, technological hazard, man-made disaster or emergency aspects of
resource shortages;
(2) Share emergency operations plans, procedures, and protocols established by each of the
participating jurisdictions before entering into this compact;
(3) Share policies and procedures for resource mobilization, tracking, demobilization, and
reimbursement;
(4) Consider joint planning, training, and exercises;
(5) Assist with alerts, notifications, and warnings for communities adjacent to or crossing
participating jurisdiction boundaries;
(6) Consider procedures to facilitate the movement of evacuees, refugees, civil emergency
personnel, equipment, or other resources into or across boundaries, or to a designated
staging area when it is agreed that such movement or staging will facilitate civil
emergency operations by the affected or participating jurisdictions; and
(7) Provide, to the extent authorized by law, for temporary suspension of any statutes or
ordinances that impede the implementation of responsibilities described in this section.
(b) REQUEST ASSISTANCE - The authorized representative of a participating jurisdiction may
request assistance of another participating jurisdiction by contacting the authorized representative
of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal, the request must be confirmed in
writing within fifteen days of the verbal request. Requests must provide the following information:
(1) A description of the emergency service function for which assistance is needed and of the
mission or missions, including fire services, emergency medical, transportation,
communications, public works and engineering, building inspection, planning and
information assistance, mass care, resource support, health and medical services, and
search and rescue;
(2) The amount and type of personnel, equipment, materials, and supplies needed and a
reasonable estimate of the length of time they will be needed; and
(3) The specific place and time for staging of the assisting participating jurisdiction's response
and a point of contact at the location.
(c) CONSULTATION AMONG PARTICIPATING JURISDICTION OFFICIALS - There shall
be periodic consultation among the authorized representatives who have assigned emergency
management responsibilities.
It is recognized that any participating jurisdiction that agrees to render mutual aid or conduct
exercises and training for mutual aid will respond as soon as possible. It is also recognized that the
participating jurisdiction rendering aid may withhold or recall resources to provide reasonable
protection for itself, at its discretion. To the extent authorized by law, each participating jurisdiction
will afford to the personnel of the emergency contingent of any other participating jurisdiction while
operating within its jurisdiction limits under the terms and conditions of this agreement and under
the operational control of an officer of the requesting participating jurisdiction the same treatment
as is afforded similar or like human resources of the participating jurisdiction in which they are
performing emergency services. Staff comprising the emergency contingent continue under the
command and control of their regular leaders but the organizational units come under the operational
control of the emergency services authorities of the participating jurisdiction receiving assistance.
These conditions may be activated, as needed, by the participating jurisdiction that is to receive
assistance or upon commencement of exercises or training for mutual aid and continue as long as
the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect,
or loaned resources remain in the receiving participating jurisdictions, whichever is longer. The
receiving participating jurisdiction is responsible for informing the assisting participating jurisdiction
when services will no longer be required.
ARTICLE V - LICENSES AND PERMITS
Whenever a person holds a license, certificate, or other permit issued by any participating
jurisdiction evidencing the meeting of qualifications for professional, mechanical, or other skills, and
when such assistance is requested by the receiving participating jurisdiction, such person is deemed
to be licensed, certified, or permitted by the jurisdiction requesting assistance to render aid involving
such skill to meet an emergency or disaster, subject to such limitations and conditions as the
requesting jurisdiction prescribes by executive order or otherwise.
Any person or entity of a participating jurisdiction rendering aid in another jurisdiction pursuant
to this compact is considered an agent of the requesting jurisdiction for tort liability and immunity
purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact is not
liable on account of any act or omission in good faith on the part of such forces while so engaged
or on account of the maintenance or use of any equipment or supplies in connection therewith. Good
faith in this article does not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII - SUPPLEMENTARY AGREEMENTS
Because it is probable that the pattern and detail of the compact for mutual aid among two or
more participating jurisdictions may differ from that among the participating jurisdictions that are
party to this compact, this compact contains elements of a broad base common to all participating
jurisdictions, and nothing in this compact precludes any participating jurisdiction from entering into
supplementary agreements with another jurisdiction or affects any other agreements already in force
among participating jurisdictions. Supplementary agreements may include provisions for evacuation
and reception of injured and other persons and the exchange of medical, fire, public utility,
reconnaissance, welfare, transportation and communications personnel, equipment, and supplies.
ARTICLE VIII - WORKERS' COMPENSATION AND DEATH BENEFITS
Each participating jurisdiction shall provide, in accordance with its own laws, for the payment
of workers' compensation and death benefits to injured members of the emergency contingent of that
participating jurisdiction and to representatives of deceased members of those forces if the members
sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and
on the same terms as if the injury or death were sustained within their own jurisdiction.
ARTICLE IX - REIMBURSEMENT
Any participating jurisdiction rendering aid in another jurisdiction pursuant to this compact shall,
if requested, be reimbursed by the participating jurisdiction receiving such aid for any loss or damage
to, or expense incurred in, the operation of any equipment and the provision of any service in
answering a request for aid and for the costs incurred in connection with those requests. An aiding
participating jurisdiction may assume in whole or in part any such loss, damage, expense, or other
cost or may loan such equipment or donate such services to the receiving participating jurisdiction
without charge or cost. Any two or more participating jurisdictions may enter into supplementary
agreements establishing a different allocation of costs among those jurisdictions. Expenses under
Article VIII are not reimbursable under this section.
ARTICLE X - IMPLEMENTATION
(a) This compact is effective upon its execution or adoption by any one state and one province,
and is effective as to any other jurisdiction upon its execution or adoption thereby: subject to
approval or authorization by the United States Congress, if required, and subject to enactment of
provincial or state legislation that may be required for the effectiveness of the memorandum of
understanding.
(b) Additional jurisdictions may participate in this compact upon execution or adoption of the
compact.
(c) Any participating jurisdiction may withdraw from this compact, but the withdrawal does not
take effect until thirty days after the governor or premier of the withdrawing jurisdiction has given
notice in writing of such withdrawal to the governors or premiers of all other participating
jurisdictions. The action does not relieve the withdrawing jurisdiction from obligations assumed
under this compact prior to the effective date of withdrawal.
(d) Duly authenticated copies of this compact in the French and English languages and of such
supplementary agreements as may be entered into shall, at the time of their approval, be deposited
with each of the participating jurisdictions.
ARTICLE XI - SEVERABILITY
This compact is construed to effectuate the purposes stated in Article I. If any provision of this
compact is declared unconstitutional or the applicability of the compact to any person or
circumstances is held invalid, the validity of the remainder of this compact and the applicability of
the compact to other persons and circumstances are not affected.
ARTICLE XII - CONSISTENCY OF LANGUAGE
The validity of the arrangements and agreements consented to in this compact may not be
affected by any insubstantial difference in form or language as may be adopted by the various states
and provinces.
Signed March 8, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\211.wpd
CHAPTER 211
(SB 31)
Appropriation for certain
health care recruitment assistance programs.
ENTITLED, An Act to make an appropriation to reimburse health care professionals who have
complied with the requirements for certain health care recruitment assistance programs and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby appropriated from the general fund the sum of six hundred fifty-two
thousand nine hundred seventy-two dollars ($652,972), or so much thereof as may be necessary, to
the Department of Health for purposes of reimbursing five family physicians, one dentist, and two
nurse practitioners who have, in the determination of the department, met the requirements of § 34-12G-3 and the general fund sum of one hundred eighty-five thousand dollars ($185,000), or so much
thereof as may be necessary, to the Department of Health for the purposes of reimbursing eligible
health care practitioners who have, in the determination of the department, met the requirements of
§ 34-12G-12.
Section 2. The secretary of the Department of Health shall approve vouchers and the state auditor
shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert
in accordance with the procedures prescribed in chapter 4-8.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed February 27, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\211.wpd
ENVIRONMENTAL PROTECTION
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\212.wpd
CHAPTER 212
(SB 25)
Permit fees under the
national pollutant discharge elimination system, revised.
ENTITLED, An Act to revise certain fees for entities permitted under the national pollutant
discharge elimination system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 34A-2-117 be amended to read:
34A-2-117. There is hereby imposed an annual fee upon all facilities on each facility permitted
under the national pollutant discharge elimination system program provisions of section 402 of the
Federal Water Pollution Control Act, 33 U.S. C. 1342, as amended to January 1, 2011, except for
feedlot facilities, stormwater discharge systems and construction dewatering activities 2018. The fee
shall be assessed as provided in section 3 of this Act and §§ 34A-2-118 to 34A-2-120, inclusive.
Section 2. That § 34A-2-118 be amended to read:
34A-2-118. For publicly-owned treatment works including municipalities, housing subdivisions,
trailer parks, and sanitary districts owned by the state or a political subdivision of the state;
privately-owned treatment works including housing subdivisions and trailer parks that treat primarily
domestic household wastewater; and Ellsworth Air Force Base Development Authority, the fee
imposed in § 34A-2-117 shall be based upon 1990 the last preceding federal census data for
municipalities and Ellsworth Air Force Base, each municipality and the population served for
nonmunicipalities by a nonmunicipality or the Ellsworth Development Authority, and the fee table
below:
|
Population Range
|
Fee ($)
|
|
25 to 50
|
37
|
|
51 to 100
|
75
|
|
101 to 200
|
150
|
|
201 to 300
|
250
|
|
301 to 400
|
350
|
|
401 to 500
|
450
|
|
501 to 600
|
550
|
|
601 to 700
|
650
|
|
701 to 800
|
750
|
|
801 to 900
|
850
|
|
901 to 1,000
|
950
|
|
1,001 to 2,000
|
1,500
|
|
2,001 to 3,000
|
2,500
|
|
3,001 to 4,000
|
3,500
|
|
4,001 to 5,000
|
4,500
|
|
5,001 to 6,000
|
5,500
|
|
6,001 to 7,000
|
6,500
|
|
7,001 to 8,000
|
7,500
|
|
8,001 to 9,000
|
8,500
|
|
9,001 to 10,000
|
9,500
|
|
10,001 to 11,000
|
10,500
|
|
11,001 to 12,000
|
11,500
|
|
12,001 to 13,000
|
12,500
|
|
13,001 to 14,000
|
13,500
|
|
14,001 to 15,000
|
14,500
|
|
15,001 to 16,000
|
15,500
|
|
16,001 to 17,000
|
16,500
|
|
17,001 to 18,000
|
17,500
|
|
18,001 to 19,000
|
18,500
|
|
19,001 to 20,000
|
19,500
|
|
20,001 to 30,000
|
25,000
|
|
30,001 to 40,000
|
35,000
|
|
40,001 to 50,000
|
45,000
|
|
50,001 to 60,000
|
55,000
|
|
60,001 to 70,000
|
65,000
|
|
70,001 to 80,000
|
75,000
|
|
80,001 to 90,000
|
85,000
|
|
90,001 to 100,000
|
95,000
|
|
100,001 or more
|
100,000 125,000
|
Section 3. That chapter 34A-2 be amended by adding a NEW SECTION to read:
There is hereby imposed an annual stormwater fee on each construction and industrial site that
is required to operate under a general water pollution control permit issued under chapter 34A-2. The
annual fee imposed in § 34A-2-117 is as follows:
(1) The fee payable by the Department of Transportation is twenty-five thousand dollars per
year. The fee accrues on August first of each year and is due on August thirty-first;
(2) The fee for a construction site that is required to operate under a general water pollution
control permit for stormwater discharges associated with construction activities as defined
under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2,
other than any site owned by the Department of Transportation, is based on the number
of acres disturbed for the entire construction project and the fee table below:
|
Disturbed Area (Acres)
|
Fee ($)
|
|
Less than 5
|
100
|
|
5 to less than 40
|
250
|
|
40 to less than 80
|
500
|
|
80 or more
|
750
|
The fee is payable by the owner of the site. For any construction site permitted before
July 1, 2018, the first annual stormwater fee payment is due on January 31, 2019. Any
future annual fee accrues on January first of each year and is due on January thirty-first
until the permit coverage is terminated. For any construction site permitted after June 30,
2018, the first annual stormwater fee payment is due when the owner submits the notice
of intent to be covered under the general permit for stormwater discharges associated with
construction activity. For any permit that continues beyond one year, the annual
stormwater fee accrues on the anniversary of the notice of intent submission and is due
thirty days later; and
(3) The secretary may promulgate rules, pursuant to chapter 1-26, to establish an annual
tiered fee for each industrial site that is required to operate under a general water pollution
control permit for stormwater discharges associated with industrial activities as defined
under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2.
The tiered fee structure shall equitably assess an annual fee to cover the reasonable costs
of developing and administering the stormwater permitting requirements for industrial
activities that include:
(a) Preparing regulations and general stormwater permits for applicable industrial
activities;
(b) Reviewing and acting on applications for an industrial stormwater permit or permit
revision;
(c) Implementing the industrial stormwater permits and inspecting permitted facilities,
to include enforcing the terms and conditions of the permits if needed; and
(d) Providing training, technical support, and customer services to permitted entities
to include developing on-line functions.
The annual fee is in addition to any other fee or tax levied by law. The fee imposed by this
section shall be remitted to the state along with any form as may be prescribed by the state. The fees
shall be deposited in the surface water discharge and pretreatment permit administrative subfund
established in § 34A-2-121.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\212.wpd
ALCOHOLIC BEVERAGES
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\213.wpd
CHAPTER 213
(HB 1070)
Alcoholic beverage regulation changed.
ENTITLED, An Act to revise and repeal certain provisions regarding alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-1-1 be amended to read:
35-1-1. Terms used in this title mean:
(1) "Alcoholic beverage," any distilled spirits, wine, ciders, and malt beverages as defined in
this title;
(2) "Bulk container," any package, or any container within which container are one or more
packages;
(3) "Carrier," a person who for hire transports passengers and who sells or furnishes to
passengers for consumption alcoholic beverages aboard any means of conveyance;
(3A) "Cider," any alcoholic beverage obtained by the fermentation of the juice of apples or
pears that contains not less than one-half of one percent of alcohol by volume weight and
not more than ten percent of alcohol by weight, including flavored, sparkling, or
carbonated cider;
(3B) "Controlling interest in," a controlling an ownership interest in the licensee is an
ownership interest of ten percent or more;
(4) "Department," the Department of Revenue of the State of South Dakota;
(5) "Dispenser," a duly licensed physician, dentist, veterinarian, osteopath, podiatrist,
chiropractor, or pharmacist; or a druggist, sanitarium, hospital, clinic, educational
institution, industrial company, or industrial corporation who purchases alcohol for
scientific and medicinal purposes only;
(6) "Distilled spirits," ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum,
brandy, gin, and other distilled spirits, including all any dilutions and or mixtures thereof,
for nonindustrial use containing not less than one-half of one percent of alcohol by
weight;
(7) "Distiller," any person who owns, has a controlling interest in, operates, or aids in
operating any distillery or other establishment for the production, rectifying, blending, or
bottling of distilled spirits;
(8) "Malt beverage," a beverage made by the alcoholic fermentation of an infusion or
decoction, or combination of both, in potable brewing water, of malted barley with hops,
or their parts, or their products,
or any other similar product, and with or without other
malted cereals, and with or without the addition of unmalted or prepared cereals, other
carbohydrates or products prepared therefrom, and with or without the addition of carbon
dioxide, and with or without other wholesome products suitable for human consumption
containing not less than one-half of one percent of alcohol by weight;
(9) "Manufacturer," any person who owns, has a controlling interest in, operates, or aids in
operating any establishment for the brewing, production, bottling, or blending of malt
beverages or wine any alcoholic beverage;
(10) "Minibar," any closed container, either refrigerated or nonrefrigerated, having restricted
access to the interior of which is restricted by means of a locking device which that
requires the use of a key, magnetic card, or similar device, or controlled by the licensee
at all times;
(11) "Municipality," any incorporated city or town, and any unincorporated platted town
having a United States post office. However, the subsequent withdrawal of a United
States post office does not affect the right of established liquor licenses to be continued,
renewed, or transferred and does not prevent the owner or bona fide lessee of the licensed
premises from receiving a renewal or reissuance of such the license;
(12) "Off-sale," the sale of any alcoholic beverage, for consumption off the premises where
sold;
(13) "On-sale," the sale of any alcoholic beverage for consumption only upon the premises
where sold;
(14) "On-sale dealer," any person who sells, or keeps for sale, any alcoholic beverage for
consumption on the premises where sold;
(15) "Package," the bottle or immediate container of any alcoholic beverage;
(16) "Package dealer," any person other than a distiller, manufacturer, or wholesaler, who sells,
or keeps for sale, any alcoholic beverage for consumption off the premises where sold;
(17) "Population," number of inhabitants as determined by the last preceding decennial federal
census;
(17A) "Powdered, condensed, or concentrated alcohol," an alcoholic product that is created
using a process that reduces the alcohol to a concentrated form and that allows the alcohol
to be reconstituted with water or other liquid;
(17B) "Relative," any person who is a husband, wife, son, daughter, brother, sister, father, or
mother, uncle, aunt, nephew, niece, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, or daughter-in-law;
(18) "Retail license," an on- on-sale or off-sale license issued under the provisions of this title;
(19) "Retailer," or "retail dealer," any person who sells alcoholic beverages for other than
resale;
(20) "Sale," the transfer, for a consideration, of title to any alcoholic beverage;
(21) "Secretary," the secretary of revenue of the State of South Dakota;
(22)
"Solicitor," any person employed by a licensed wholesaler within this state, or by any
distiller or manufacturer within or without this state, who contacts a wholesaler or retail
dealer within this state for the purpose of selling, promoting, or advertising alcoholic
beverages or for any other reason connected with the alcoholic beverage industry but does
not include employees of wholesale or transporter licensees who only deliver such
beverages;
(23) "Transportation company," or "transporter," any common carrier or operator of a private
vehicle transporting or accepting for transportation any alcoholic beverages, but not
including transportation by carriers in interstate commerce where the shipment originates
outside of the state and is destined to a point outside of the state;
(24) "Wholesaler," any person who sells alcoholic beverages to retailers for resale;
(25) "Wine," any
liquid either commonly used, or reasonably adapted to use, for beverage
purposes, and obtained by the fermentation of the natural sugar content of fruits or other
agricultural products containing sugar and containing not less than one-half of one percent
of alcohol by weight but not more than twenty-four percent of alcohol by weight beverage
made from the fermentation of grapes, grape juice, other fruit bases, or honey, with or
without adding alcoholic beverages; without rectification, except for the purpose of
fortification; and contains not less than one-half percent and not more than twenty-four
percent alcohol by volume.
Section 2. That § 35-1-1.1 be amended to read:
35-1-1.1. For the purposes of this title, an entity any person that has entered into an operating
agreement with a municipality pursuant to § 35-4-19 is a licensee. The number of operating
agreements that a A municipality may not enter into may not exceed more operating agreements than
the maximum number of retail licenses of each type that may be issued pursuant to this title.
Section 3. That chapter 35-1 be amended by adding a NEW SECTION to read:
A dispenser may transport or store any alcoholic beverage purchased for a bona fide scientific
or medicinal purpose.
Section 4. That § 35-1-5.5 be amended to read:
35-1-5.5. The board of county commissioners or the governing body of a municipality or county
may permit the consumption, but not the sale, of any alcoholic beverage on property owned by the
public or by a nonprofit corporation within its jurisdiction. The permit period may not exceed
twenty-four hours and the hours of authorized consumption may not exceed those permitted for on-sale licensees. However, a municipality or county may permit the sale of alcoholic beverages on
publicly owned property or property owned by a nonprofit corporation if it is during a special event
for which a temporary license has been issued pursuant to § 35-4-124.
Section 5. That § 35-1-5.6 be amended to read:
35-1-5.6. It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon
the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, a person may consume any alcoholic beverage upon the premises of a licensed
on-sale dealer if the beverage is purchased from a licensee who has been issued a temporary license
pursuant to § 35-4-124 for a special event occurring on the premises of the licensed on-sale dealer.
Section 6. That § 35-1-8 be amended to read:
35-1-8. No manufacturer, distributor, wholesaler, or transporter may sell or deliver any package
containing alcoholic beverages manufactured or distributed for resale, unless the person to whom
the package is sold or delivered is authorized to receive the package in accordance with the
provisions of as provided in this title.
Section 7. That § 35-1-9 be amended to read:
35-1-9. No licensee under this title may keep or store any alcoholic beverages at any place within
the state other than on the premises where the licensee is authorized to operate. However, any such
a licensee may store such alcoholic beverages in a warehouse licensed under § 35-4-44 or with a
bonded warehouse that has qualified under pursuant to § 35-4-45. Such storage is subject to rules
promulgated by the secretary pursuant to chapter 1-26. However, in localities where there is no such
bonded warehouse, the secretary may, by rules promulgated pursuant to chapter 1-26, provide for
storage of malt beverages.
Section 8. That § 35-1-9.2 be repealed.
Section 9. That § 35-1-9.3 be amended to read:
35-1-9.3. It is not a violation of § 35-1-9.1 if:
(1) An alcoholic beverage is located in a locked glove compartment of the motor vehicle;
(2) An open alcoholic beverage is behind the last upright seat of a motor vehicle that is not
equipped with a trunk or in an area not normally occupied by the driver or passengers; or
(3)
An open alcoholic beverage is possessed by a A passenger in a motor vehicle
maintained
and used primarily for the transportation of persons for compensation operated by a
carrier
as defined in subdivision 35-1-1(3) and licensed pursuant to subdivision 35-4-2(9)
possesses an open alcoholic beverage.
The However, the driver of
such a carrier is
prohibited from possessing in the driver compartment of the vehicle a package or
receptacle containing an alcoholic beverage if the
seal of the original package
seal has
been is broken.
Section 10. That § 35-2-1 be amended to read:
35-2-1. Any application for a license as provided for by in this title shall be made on forms
prescribed by the secretary and shall be verified by the oath of the applicant. If the applicant is not
an individual, the oath of applicant shall be verified by an officer of the entity applying for the
license. The application shall contain such information as required by the secretary requires and shall
show that and necessary to determine the eligibility of the applicant is eligible for the license for
which application is made.
Section 11. That § 35-2-1.1 be amended to read:
35-2-1.1. Any application under this title for a manufacturer, distiller, wholesaler, solicitor,
transporter, carrier, or dispenser retail on premises manufacturer, wine carrier, or direct shipper
license, and any application for a license to be issued to a county or municipality, shall be initially
submitted to the secretary who. The secretary may approve or disapprove the application depending
on whether if the secretary deems considers the applicant a suitable person to hold the license and
whether the secretary considers the proposed location is suitable.
Section 12. That § 35-2-1.2 be amended to read:
35-2-1.2. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer
of an existing license shall submit an application to the governing board body of the municipality
within in which the applicant intends to operate, or if outside the corporate limits of a municipality,
to the board of county commissioners governing body of the county in which the applicant intends
to operate. The applicant shall submit the required fee with the application. The governing board
body may approve or disapprove the application for a new retail license or the transfer of an existing
license depending on whether if the governing board deems body considers the applicant a suitable
person to hold the license and whether the governing board considers the proposed location is
suitable.
The governing
board body may
also disapprove an application for a new retail license or the
transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if:
(1) The approval of the application permits a person, corporation, or business entity to
possess more than one-third of the licenses available to be issued in the jurisdiction; and
(2) The board governing body determines that possession of more than one-third of licenses
available is not in the public interest.
Any application for the reissuance of a retail license may be approved by the municipal or county
governing
board body without a hearing unless in the past year the licensee or one or more of the
licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage
control law or the license has been suspended.
Section 13. That § 35-2-2 be amended to read:
35-2-2. Every application for a license directed submitted to the secretary as provided by § 35-2-1.1 shall be accompanied by payment of the required fee for the license. However, the license fee
for a municipal off-sale license shall be retained by the municipality. If the application is rejected,
the fee shall be promptly returned by the secretary to the applicant. If the application is granted, the
secretary fee shall deposit the fee be deposited in the state treasury general fund.
Section 14. That § 35-2-2.1 be amended to read:
35-2-2.1. Every Each application for a license under this chapter title shall include an agreement
by the applicant that the applicant's premises, for the purposes of search and seizure laws of the state
and any ordinances of the municipality wherein license is applied for where the license is issued, are
considered public premises. In addition, the agreement shall specify that state:
(1) The premises and all buildings, safes, cabinets, lockers, and storerooms on the premises
are at all times, on demand of the secretary, the attorney general, or officers charged with
law enforcement in the county or municipality, open to inspection;
(2) All of the applicant's records and books dealing with the sale and ownership of alcoholic
beverages are open to the persons specified in subdivision (1) for such inspection; and
(3) The application and license issued on the application
constitute is a contract between the
applicant and the state and the county or municipality having jurisdiction entitling
them
the state and the county or municipality, for the purpose of enforcing the law, rules, and
ordinances, to inspect the applicant's premises and books at any time.
Section 15. That § 35-2-3 be amended to read:
35-2-3. No license for the on- a retail on-sale or off-sale at retail of alcoholic beverages, as those
terms are defined and classified under the provisions of this title, beverage license may be granted
issued to an applicant for any such license, except after until a public hearing, upon notice, as
provided for in is conducted pursuant to §§ 35-2-4 and 35-2-5.
Section 16. That § 35-2-4 be amended to read:
35-2-4. If any resident of an incorporated municipality files with the auditor or finance officer
of the municipality, or if any resident of the a county files with the county auditor of any county, a
written request that the resident be notified of the time and place of hearing upon any specified
application for a license for the on- retail on-sale or off-sale at retail of alcoholic beverages, the
auditor or finance officer, as the case may be, or county auditor shall give notice to the resident. The
notice shall be sent by mail and shall be given a sufficient length of time before the hearing upon the
application so as to allow the resident a reasonable opportunity to be present.
Section 17. That § 35-2-5 be amended to read:
35-2-5. The governing board body of any incorporated municipality or the board of county
commissioners of any county, before which being presented applications for licenses referenced in
§ 35-2-3 are presented, retail on-sale or off-sale alcoholic beverage licenses shall fix the time and
place for hearing upon all such applications that come before the board body. The auditor or finance
officer of the board or county auditor shall publish one notice once in the official newspapers
newspaper of the municipality or county. The notice shall be headed "Notice of Hearing Upon
Applications for Sale of Alcoholic Beverages," shall state the time and place when and where such
the applications will be considered by the board, and shall state that any person interested in the
approval or rejection of any such application may appear and be heard. The notice shall be published
at least one week before the hearing. At the time and place so fixed hearing, the board body shall
consider each application and any objection to the application before making its a final decision on
the an application.
Section 18. That § 35-2-5.1 be amended to read:
35-2-5.1. If the governing board body of the municipality or county does not approve the
application, the governing board body shall endorse on the application the reasons for the denial and
return the application and fee to the applicant. No further application may be received from the
applicant until after the expiration of one year from the date of a denied application. However, if the
application was denied based on the suitability of the location for the license, no further application
may be received from the applicant until after the expiration of three months from the date of the
denied application only if the subsequent application is for a different location.
Section 19. That § 35-2-5.2 be amended to read:
35-2-5.2. If the governing board body of the municipality or county approves the application, the
governing board body shall endorse the approval on the application. The licensee is entitled to
operate under the license for the succeeding licensing year if the license is approved by the secretary.
However, if any transfer of ownership or location occurs, or if the licensee has been convicted of any
criminal offense during the past licensing year, the application together with the approval of the
governing board shall be forwarded to the secretary who may approve or disapprove the application.
The license fee shall be deposited in the general fund of the municipality or county.
Section 20. That § 35-2-5.3 be amended to read:
35-2-5.3. No licensing authority may reissue any on-sale license issued pursuant to subdivision
35-4-2(4), (6), or (13) to the same licensee or the licensee's transferee if the license has not been
actively used by the applicant during the two years preceding the date of the current application. For
purposes of this section, the term, actively used, means that the licensed premise premises was open
to the public during regular business hours for the sale and consumption of distilled spirits for at
least sixty days during the two preceding years. However, the licensed premise premises is only
required to be open five days per year if it is open to the public during a special event that has at least
twenty-five thousand visitors. However, the number of licenses held by a municipality pursuant to
chapter 35-3 may not be less than the total number of licenses available to be issued as of July 1,
2010.
Section 21. 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 This section
do does not apply to the school for the deaf established by chapter
13-62. For the purpose of this section, the term, campus, means only the area immediately
surrounding the buildings used for classrooms, administrative offices, and housing.
Notwithstanding the provisions of this section:
(1) An alcoholic beverage license may be issued pursuant to subdivisions 35-4-2(12), and
(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.
Section 22. That § 35-2-6.2 be amended to read:
35-2-6.2. Any licensee under this title, with the exception of a solicitor, must shall be a person
of good moral character, never convicted of a felony, and, if a corporation, the managing officers
thereof must have like of the corporation shall meet the same qualifications.
Section 23. That § 35-2-6.3 be amended to read:
35-2-6.3. Any distiller, manufacturer, wholesaler, or retailer licensee under this title must shall
be the owner or actual lessee of the premises where the business is to be conducted and the sole
owner of the business to be operated under such the license. However, this section does not apply
to a special event licensee issued a temporary license pursuant to § 35-4-124.
Section 24. That § 35-2-6.4 be amended to read:
35-2-6.4. Except as provided in § 35-5-3.2, no distiller, manufacturer, or wholesaler licensee
under this title nor any officer, director, stockholder, agent, or employee thereof or any relative of
the licensee, officer, director, stockholder, agent, or employee may be in any way financially
interested, either directly or indirectly, or participate in the operation of the business of any retailer
licensee other than by reason of sales to the licensee. No solicitor licensee may sell to any retailer
licensee in which a relative of the solicitor licensee has any direct or indirect financial interest or
participates in the operation of the retail business. A retailer who is a party to any action prohibited
by this section is guilty of a Class 2 misdemeanor.
Section 25. That § 35-2-6.6 be repealed.
Section 26. That § 35-2-6.7 be repealed.
Section 27. That § 35-2-7 be amended to read:
35-2-7. Any license granted under this title may be transferred to a new location or to another
person. If the transfer is to another person, the licensee shall show in writing, under oath, that the
licensee has made a bulk sale of the business operated under the license. The bulk sale may be
conditioned upon the granting of a transfer of the license. The transferee shall make an application
exactly as if an original applicant, and the application shall take the same course and be acted upon
in the same manner as if an original application. No transfer of any license to another person may
be granted until all taxes incurred by the transferor as a result of the operation of the licensed
premises, including municipal and state sales and use taxes, unemployment insurance tax, or any
other state tax, are paid or are not delinquent. No transfer of any license to another person may be
granted until all property taxes which are the liability of the licensee levied on the licensed premises
are paid or are not delinquent. No transfer of any license may be granted from an Indian tribe
operating in Indian country controlled by the Indian tribe or from an enrolled tribal member
operating in Indian country controlled by the enrolled tribal member's tribe until all use tax incurred
as a result of the operation of the licensed premises by nonmembers, and any other state tax, has been
remitted or is not delinquent. If the transfer is to a new location, the licensee shall make application
showing all the relevant facts for the new location. The application shall take the same course and
be acted upon in the same manner as if an original application. If a license is transferred, a fee of one
hundred fifty dollars is required to continue the unexpired portion of the license.
Section 28. That § 35-2-8 be amended to read:
35-2-8. If an individual licensee under this title, other than a solicitor or dispenser licensee under
chapter 35-4, dies, the personal representative of the deceased licensee may succeed to all of the
rights of the deceased licensee under the license. By operating under the license, the personal
representative agrees to all of the terms and conditions of the license and is subject to all of the
liabilities and responsibilities of such a the licensee. Any bond executed under the provisions of this
title includes the personal representative as a principal if the license passes to the personal
representative.
Section 29. That § 35-2-9 be amended to read:
35-2-9. Any licensee authorized to deal in alcoholic beverages, upon termination of the license,
may at any time within thirty days after the termination of the license sell the whole or any part of
the alcoholic beverages included in the licensee's stock in trade at the time of the termination to any
wholesaler licensed under this title to deal in to sell the alcoholic beverages so purchased by the
wholesaler. The wholesaler shall make a complete report of the purchase to the secretary.
Section 30. That § 35-2-10 be amended to read:
35-2-10. The secretary, in compliance with chapter 1-26, may revoke or suspend any license
issued under this title upon proof of violation by the licensee, by the licensee's agents or employees,
or by the manager or contractual operators of retail establishments and their agents or employees
operating under a county or municipal license, of any of the following:
(1) Any provision of this title or § 37-10A-1;
(2) Any rule promulgated pursuant to this title; or
(3) Any ordinance or regulation relevant to alcoholic beverage control that has been adopted
by the political subdivision issuing the license.
For any licensee with multiple alcoholic beverage licenses for the same premises, upon
suspension or revocation of any license pursuant to this title, the licensee shall cease operation under
all alcoholic beverage licenses held by the licensee for the same premises for the same period as the
suspension or revocation.
Section 31. That § 35-2-10.1 be amended to read:
35-2-10.1. No retail license may be revoked or suspended because of a violation of any statute,
ordinance, rule, or regulation prohibiting the sale or service of any alcoholic beverage to a person
under the age of twenty-one years if the violation was committed by an employee or agent of the
licensee and the licensee has not had more than two violations of any statute, ordinance, rule, or
regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of
twenty-one years on the premises where the violation occurred in the previous twenty-four months.
If the licensee meets the requirements of the conditions
provided by of this section, the secretary
shall impose a civil penalty of five hundred dollars for a first violation and one thousand dollars for
a second violation. However, if the employee or agent has not been certified by a nationally
recognized training program approved by the
Department of Revenue department that provides
instruction on techniques to prevent persons under the age of twenty-one years from purchasing or
consuming alcoholic beverages, the secretary shall impose a civil penalty of one thousand dollars
for a first violation and two thousand dollars for a second violation.
Multiple violations of any statute, ordinance, rule, or regulation prohibiting the sale or service
of any alcoholic beverage to a person under the age of twenty-one years occurring within forty-eight
hours of commencement of any compliance check as provided in § 35-2-10.3 shall be considered to
be a single violation for purposes of this section. However, except for purposes of corroboration, at
no time may more than one underaged informant be used in any compliance check in any forty-eight
hour period.
A licensee may request an administrative hearing pursuant to chapter 1-26 to contest the
imposition of a civil penalty.
Section 32. That § 35-2-10.2 be amended to read:
35-2-10.2. The department shall, on or before the first of July of each year, develop and publish
maintain on its public internet website, a directory listing all nationally recognized training programs
which have been that are approved by the department. The department shall annually notify each
licensee in writing and by posting on the department's internet website a list of the nationally
recognized training programs approved pursuant to § 35-2-10.1. Any alcohol licensee making a
prohibited sale or service of an alcoholic beverage to a person under the age of twenty-one years has
the burden of proof to show that its the licensee's employees have attended an approved alcohol
training program to be eligible for any reduction in the penalty imposed for the violation.
Section 33. That § 35-2-10.3 be amended to read:
35-2-10.3. Any enforcement entity that conducts compliance checks using underaged informants
to determine if a licensee will sell an alcoholic beverage to a person under the age of twenty-one
must shall inform the licensee in writing of the results of any such compliance check within forty-eight hours after the compliance check takes place. No licensed premises may be subject to more
than one compliance check within a forty-eight hour period.
Section 34. That § 35-2-11.1 be amended to read:
35-2-11.1. The governing board body of the a municipality or the board of county commissioners
which approved the application for license under § 35-2-1.2 shall may recommend to the secretary
following a hearing that any license issued under this title be suspended or revoked for violation of
any of the provisions of this title or for violations of any ordinance or regulation of the governing
body issuing the license relevant to alcoholic beverage control which that occurs on the premises of
the licensee. Upon receipt of the recommendation, the secretary shall proceed in accordance with the
provisions of as provided in §§ 35-2-10 and 35-2-21.
Section 35. That § 35-2-11.2 be amended to read:
35-2-11.2. Any action taken by the governing board body of a municipality or board of county
commissioners pursuant to § 35-2-11.1 shall be preceded by notification to the licensee, at the
address given on the license, at least thirty days in advance of the date set for public hearing on the
suspension action. Notice of public hearing shall be published in the official newspaper of the
municipality or county at least one week prior to such before the hearing and in such a form as
deemed appropriate approved by the municipality or county governing body.
Section 36. That § 35-2-12 be amended to read:
35-2-12. If the secretary receives information of a violation by any licensee of any provision of
this title, the secretary shall, without delay, investigate the alleged violation. Any person may file
with the secretary a duly verified complaint as to any such violation by any such licensee. Upon
receipt of the complaint, the secretary shall, without delay, make a thorough investigation. If there
is substantial evidence to support the charge made in the complaint that a violation of any provision
of this title has occurred, the secretary shall cause proceedings to be instituted for revocation of the
license proceed in accordance with the provisions of §§ 35-2-10, 35-20-10.1, and 35-2-21.
Section 37. That § 35-2-13 be amended to read:
35-2-13. An applicant or licensee under this title, or any interested person or governing board
interested therein, body has a right to a hearing in relation to any action taken upon the application
or license, which. The hearing shall be held in the county where the license has been applied for or
has been issued, in accordance with under the provisions of chapter 1-26. However, if the parties
agree, a hearing to determine whether the secretary may suspend or revoke a license may be held at
a location other than the county where the license has been applied for or has been issued. Such
hearing may be held pursuant to § 1-25-1.
Section 38. That § 35-2-19 be amended to read:
35-2-19. Upon service of notice of a decision or order for revocation of the license on the
licensee, all of the licensee's rights under the license terminate ten days after the notice, except in the
event of a stay on appeal.
Section 39. That § 35-2-21 be amended to read:
35-2-21. If a violation is established in any proceeding pursuant to the provisions of under this
title or § 37-10A-1, but the secretary is satisfied that determines due to the nature and the
circumstances of the violation were such that, a suspension of the license would be is adequate, the
secretary may, instead of revoking the license, suspend it the license for a period not exceeding sixty
days. The suspension is effective twenty-four hours after service of notice of the suspension upon
the licensee. During the period of the suspension, the licensee may not exercise any rights or
privileges under the license. The secretary may, in lieu of suspending or revoking the license, accept
a monetary offer in compromise in settlement of any proceeding pursuant to the provisions of under
this title. The amount of the offer in compromise settlement may not exceed seventy-five thousand
dollars. The secretary may also recover the actual costs of investigation and prosecution.
Section 40. That § 35-2-25 be amended to read:
35-2-25. No license granted pursuant to subdivisions 35-4-2(3), (4), (6), (12), (13), (16), (17),
(17A), and (20) and §§ 35-12-2 and 35-13-2 this title may be issued unless the applicant has first
obtained a sales tax license pursuant to chapter 10-45, or, if applicable, or a use tax license pursuant
to chapter 10-46, if applicable.
Section 41. That § 35-3-8 be amended to read:
35-3-8. As to any of the questions referred to in § 35-3-7, fifteen Fifteen percent of the legal
voters residing in a municipality may petition for a special election to determine such any question
subject to local option pursuant to § 35-3-7. In the case of If a municipality having has a mayor, the
number of legal voters shall be deemed is the total number voting in the last preceding election of
a mayor, and in other municipalities the number of legal voters shall be deemed is the total number
voting in the last preceding regular municipal or township election. The petition shall set forth the
question which the petitioners desire submitted, and shall be filed with the city or town auditor or
finance officer, or township clerk, as the case may be.
Section 42. That § 35-3-11 be amended to read:
35-3-11. If, at the election on the question specified in § 35-3-10, the majority vote is in the
affirmative, on-sale licenses to operate in the municipality may be granted as otherwise provided in
this code, unless the same question is again submitted and the majority vote is in the negative. If the
majority vote on the question is in the negative, all on-sale licenses are thereby terminated thirty days
after the canvass of the vote at the election, and no on-sale license to operate in the municipality may
thereafter be granted unless the same question is again submitted and the majority vote is in the
affirmative, or unless there is submitted the question of a license being granted to the municipality
and the majority vote on the question is in the affirmative. Nothing in this section precludes the
question required by § 35-3-10 from being resubmitted in any subsequent election after the waiting
period required by § 35-3-26.
Section 43. That § 35-3-13 be amended to read:
35-3-13. If the majority vote is in the affirmative on the election question provided in subdivision
subdivisions 35-3-12(1) and (2), the governing board body of the municipality shall make an
application for an off-sale license or licenses. If the majority vote is in the affirmative on the election
question provided in subdivision 35-3-12(2) and the municipality has applied for or has been issued
an off-sale license, the governing board of the municipality shall make an application for an on-sale
the license or licenses. The application or applications shall be filed with the secretary, and the
secretary shall issue the license or licenses applied for and all similar licenses. Any similar license
in the municipality shall terminate thirty days after the canvass of the vote at such election.
Section 44. That § 35-3-24 be amended to read:
35-3-24. If, at a special election on the questions specified in subdivisions subdivision 35-3-23(1)
and or (2), the majority vote is in the negative on the either question in subdivision (1), the governing
board body of the municipality may not apply for the renewal of either the off-sale license or the on-sale license licenses. If the majority vote is in the negative on the question in subdivision (2), the
governing board of the municipality may not apply for the renewal of the on-sale license.
Section 45. That § 35-3-26 be amended to read:
35-3-26. If the question of whether on-sale licenses shall be granted has been submitted to the
voters of a municipality, the same question may not be resubmitted within a year thereafter. If either
of the questions If any question specified in §§ 35-3-12 and 35-3-23 this chapter has been submitted
to the voters of a municipality, neither the same question may not be submitted within a one year
thereafter.
Section 46. That § 35-4-2 be amended to read:
35-4-2. Classes The classes of licenses, with the fee of each class, follow are as follows:
(1) Distillers--four thousand dollars. However, no license fee is required for manufacturers
of alcohol for use in industry as a nonbeverage. If the manufacturer of industrial alcohol
shall at any time manufacture, produce, distill, sell, barter, or dispose of alcohol for any
use other than an industrial use, the license fee required by this section shall be allocated
to and payable for the portion of the year the manufacturer devoted to such the other use
for each calendar month or fraction thereof while so engaged, but in no case less than one-twelfth of the license fee;
(2) Wholesalers of alcoholic beverages--five thousand dollars;
(3) Off-sale--not less than five hundred dollars in municipalities of the first class, not more
than four hundred dollars in municipalities of the second class, and not more than three
hundred dollars in municipalities of the third class. The renewal fee for such licenses an
off-sale license may not exceed five hundred dollars in municipalities of the first class,
four hundred dollars in municipalities of the second class, and three hundred dollars in
municipalities of the third class;
(4) On-sale--in municipalities of various classes: municipalities of the first class, not less than
one dollar for each person residing within the municipality as measured by the last
preceding federal census, the renewal fee for such the license is fifteen hundred dollars;
municipalities of the second class, no more than twelve hundred dollars; municipalities
of the third class, no more than nine hundred dollars;
(5) Off-sale licenses issued to municipalities under local option--not less than two hundred
fifty dollars;
(6) On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less
than the maximum that the municipality to which nearest the applicant is nearest is
charging for a like license in that municipality, the renewal fee shall be is the same as is
charged for a like license in the nearest municipality. However, if the nearest municipality
is more than fifteen miles from the on-sale license, the fee shall be established pursuant
to § 35-4-11.10. If the municipality to which nearest the applicant is nearest holds an on-sale license, pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall
be the maximum amount that could be charged as if the municipality had not been
authorized to obtain on-sale licenses pursuant to § 35-3-13. However, if the nearest
municipality is a municipality of the first class and is authorized to hold an on-sale license
pursuant to § 35-3-13, such the fee may not be more than one hundred fifty percent of the
minimum a municipality not so authorized may charge for a like license. The renewal fee
shall be the same as could be charged for a like license in the nearest municipality;
(7) Solicitors--twenty-five dollars;
(8) Transportation companies--twenty-five dollars;
(9) Carrier--one hundred dollars, which. The fee entitles the licensee to sell or serve alcoholic
beverages on licenses all conveyances the licensee operates within the in the state unless
restricted by local ordinance;
(10) Dispensers--ten dollars;
(11) On-sale dealers at publicly operated airports--two hundred fifty dollars;
(12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundred
dollars;
(13) Convention facility on-sale--not less than one dollar for each person residing within the
municipality as measured by the last preceding federal census, the renewal fee for such
the license, in municipalities of the first class, is fifteen hundred dollars; the renewal fee
for such the license, in municipalities of the second class, is no more than twelve hundred
dollars; the renewal fee for such the license, in municipalities of the third class, is no more
than nine hundred dollars;
(14) Manufacturers of malt beverages--five hundred dollars;
(15) Wholesalers of malt beverages--four hundred dollars;
(16) Malt beverage retailers and wine produced by a farm winery licensee, being both package
dealers and on-sale dealers--three hundred dollars;
(17) Malt beverage package dealers--two hundred dollars;
(17A) Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two
hundred twenty-five dollars;
(18) On-sale dealers in light wine containing not more than six percent alcohol by weight for
each day of the week between the hours of seven a.m. and two a.m. to nonprofit
corporations established pursuant to chapter 7-7--two hundred dollars;
(19) Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and
distilled spirits produced from product provided to an artisan distiller by the respective
farm winery to be operated in conjunction with a farm winery established pursuant to
chapter 35-12--one hundred fifty dollars;
(20) Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of
wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers--three hundred twenty-five dollars;
(21) Retail on premises manufacturer--two hundred fifty dollars;
(22) Manufacturers of cider--five hundred dollars; and
(23) Off-sale delivery--one hundred fifty dollars.
Section 47. That § 35-4-2.1 be repealed.
Section 48. That § 35-4-2.4 be amended to read:
35-4-2.4. Any municipality which that holds an off-sale license under subdivision 35-4-2(5) is
eligible for a retailer's or package dealer license under subdivisions either subdivision 35-4-2(12) or
(16), (17), and (17A) or both. Any municipality which that holds an on-sale license under chapter
35-4 is eligible for a retailer's license under either subdivision 35-4-2(12) or (16), or both. Upon
termination of any such license the governing board of the municipality is authorized to liquidate the
business operated pursuant to the license and the assets of the business in a manner as may be
determined by resolution of the governing board, not inconsistent with the provisions of this title.
Section 49. That § 35-4-2.5 be repealed.
Section 50. That § 35-4-2.7 be repealed.
Section 51. That § 35-4-2.8 be amended to read:
35-4-2.8. An on-sale Any retail licensee, licensed under subdivision 35-4-2(4) or (6), this chapter
may also be licensed under subdivision 35-4-2(12) or (16), or both hold other retail license types
issued pursuant to this chapter at the same licensed premises. A licensee holding two or more
licenses pursuant to this section may exercise the privileges granted under the each license issued
pursuant to subdivision 35-4-2(12) or subdivision 35-4-2(16).
Section 52. That § 35-4-2.11 be amended to read:
35-4-2.11. Fifty percent of all license and transfer fees received under the provisions of
subdivisions 35-4-2(16), (17), (17A), and (20) pursuant to subdivision 35-4-2(16) shall remain in
the municipality in which the licensee paying the fee is located, or if. If the licensee is located outside
the corporate limits of a municipality, then in fifty percent of the fees remain in the county in which
the licensee is located. In addition, fifty percent of wholesaler license fees received under subdivision
35-4-2(15) shall revert to the municipality in which the licensee is located, or if outside the corporate
limits of a municipality, then to the county in which the licensee is located. The remainder of all
license and transfer fees and penalties received shall be credited to the state general fund.
Section 53. That § 35-4-4.1 be repealed.
Section 54. That § 35-4-5.1 be amended to read:
35-4-5.1. No distributor of distilled spirits, manufacturer, rectifier, distiller, or jobber or retailer,
or a copartner or a majority stockholder of a parent or subsidiary corporation or holder of a
controlling interest in any of them a manufacturer or retailer, may be granted a wholesale license or
be granted a renewal of such a wholesale license under this chapter.
Section 55. That § 35-4-6 be amended to read:
35-4-6. Except as provided in subdivisions 35-4-2(12), and (16), (17), (17A), and (19), off-sale
licenses may only be issued under this chapter only to operate within a municipality or an
improvement district created pursuant to chapter 7-25A.
Section 56. That § 35-4-10 be amended to read:
35-4-10. No more than two off-sale licenses issued pursuant to subdivisions 35-4-2(3) and (5)
may be issued under this chapter to operate in a municipality of one thousand or less and not
exceeding one license for every additional fifteen hundred of population or fraction thereof. The
number of off-sale licenses may not be less than the total number of licenses allowable or issued as
of July 1, 1981, and that have never been revoked or not reissued.
The quotas established in this section do not apply to the licenses issued pursuant to subdivisions
35-4-2(12), (16), (17), and (17A).
Section 57. That § 35-4-10.3 be amended to read:
35-4-10.3. A solicitor licensed pursuant to subdivision 35-4-2(7) manufacturer or wholesaler,
or an agent acting on behalf of either, may provide samples of malt beverages, wine, distilled spirits,
liqueurs, and cordials to the general public. The samples shall be provided on the premises of a
retailer licensed to sell the malt beverages, wine, distilled spirits, liqueurs, or cordials being offered
and are subject to the limitations established pursuant to § 35-4-10.2. The provisions of this section
do not apply to any solicitor of a wholesaler licensed pursuant to subdivision 35-4-2(2) or (15).
Section 58. That § 35-4-11 be amended to read:
35-4-11. If not fixed by ordinance, the governing board body of any municipality may, on or
before the first second of September in each year, by resolution, determine the number of on-sale and
off-sale licenses that the board body will approve for the ensuing calendar year, and the fees to be
charged for the various classifications of licenses. The number of on-sale licenses issued pursuant
to subdivision 35-4-2(4) may not exceed three each for the first one thousand of population or
fraction thereof and may not exceed one each of such licenses for each additional one thousand five
hundred of population or fraction thereof. The number of licenses allowable may not be less than the
total number of licenses allowable or issued as of July 1, 1981, and that have never been revoked or
not reissued. The municipal governing board body shall at such meeting also establish the fee for on-sale licenses pursuant to subdivisions 35-4-2(4) and (13). The fee applies to all such on-sale licenses
issued in the ensuing calendar year. The quotas established in this section do not apply to licenses
issued pursuant to subdivisions 35-4-2(12), (16), (17), and (17A).
For the purposes of this section, population is equal to ninety percent of the population estimates
published by the United States Census Bureau for each even-numbered year, except for the decennial
year. For a decennial year, population is equal to the amount determined by the decennial federal
census. No license issued pursuant to this section which exceeds the number of licenses that would
have been issued upon the decennial federal census may be denied solely by reason that the license
exceeds the number of licenses authorized by the decennial federal census.
Section 59. That § 35-4-11.1 be amended to read:
35-4-11.1. If not previously fixed by ordinance or continuing resolution, the board of county
commissioners shall, on or before the first second of September in each year, determine the number
of on-sale licenses it will approve for the ensuing calendar year and the fees to be charged for the
various classifications of licenses. The number of licenses issued pursuant to subdivision 35-4-2(6)
may not exceed three for the first one thousand of population and may not exceed one for each
additional fifteen hundred of population or fraction thereof, the. The population to include includes
only those residing within the county, but outside the incorporated municipalities and improvement
districts, created pursuant to chapter 7-25A, within the county. However, any license issued in an
improvement district prior to July 1, 2000, shall be included when calculating the total number of
licenses that may be issued by the county where the improvement district is located. No licensee
regularly licensed to do business on July 1, 1981, may be denied reissuance of a license in
subsequent years solely by reason of any limitations, based upon population quotas, of the number
of licenses authorized or established under the provisions of this title. Licenses issued to
concessionaires, and lessees of the State of South Dakota, within the boundaries of state parks, prior
to January 1, 1983, may be subtracted when calculating the total number of licenses permitted in this
section. The quotas established in this section do not apply to licenses issued pursuant to
subdivisions 35-4-2(12), (16), (17), (17A), and (19).
Section 60. That § 35-4-11.2 be amended to read:
35-4-11.2. Notwithstanding the provisions of § 35-4-11, each municipality may issue two
convention facility on-sale licenses pursuant to subdivision 35-4-2(13) for convention facilities
substantially constructed within the two years following issuance of such the license or previously
completed. If located in a first class municipality, the hotel-motel convention facility shall be used
and kept open for the hosting of large groups of guests for compensation and shall have at least one
hundred rooms which that are suitable lodging accommodations and convention facilities with
seating for at least four hundred persons. If located in a second or third class municipality, the hotel-motel convention facility shall have at least forty rooms which that are suitable lodging
accommodations and convention facilities with seating for at least one hundred fifty persons.
If a municipality's classification changes from one class to another class, the facility is only
required to meet the criteria established by this section for the license at the time it was originally
issued.
Section 61. That § 35-4-11.6 be repealed.
Section 62. That § 35-4-11.12 be amended to read:
35-4-11.12. A county may issue on-sale licenses pursuant to subdivision 35-4-2(6) to be operated
only within an improvement district, created pursuant to chapter 7-25A, within the county. The
number of licenses issued in the improvement district may not exceed three for the first one thousand
of population and may not exceed one for each additional fifteen hundred of population or fraction
thereof, including any licenses issued in the improvement district prior to July 1, 2000.
Section 63. That § 35-4-13 be amended to read:
35-4-13. If
by reason of, due to the annexation of territory by any
municipal corporation
municipality or county, the premises of an on-sale licensee are transferred from one jurisdiction to
another, the licensee may continue to legally operate until the expiration of the license.
Thereafter
After the expiration of the license, the licensee may apply for renewal of the license to the governing
board body that has jurisdiction
of over the licensed premises. The license application may not be
denied on the grounds that, by the issuance of the license, more on-sale licenses are in existence than
is permitted by the limitations of this chapter.
Section 64. That § 35-4-13.1 be repealed.
Section 65. That § 35-4-19 be amended to read:
35-4-19. No retailer license under this chapter, except for licenses issued pursuant to
subdivisions 35-4-2(12), (16), (17), and (17A), other than to the municipality, may be granted to
operate in any municipality which has obtained a license under this chapter except that:
(1) Any municipality that has obtained a license under this title may issue licenses pursuant
to subdivisions 35-4-2(12) and (16). If a municipality has been issued an off-sale license
only, then the governing board body may approve or disapprove applications for on-sale
licenses as may be provided in Title 35; and
(2)
issued pursuant to subdivision 35-4-2(4). If a municipality has been issued an on-sale and
off-sale license,
then the governing
board body may
, by resolution
, enter into an operating
agreement with any person for the specific purpose of operating
the an on-sale
establishment or
the an off-sale establishment, or both for the municipality.
Section 66. That § 35-4-19.1 be amended to read:
35-4-19.1. The provisions of §§ 35-4-110 to 35-4-120, inclusive, apply to any municipality that
enters into operating agreements pursuant to subdivision 35-4-19(2) § 35-4-19. Each operating
agreement holder is a license holder for the purposes of §§ 35-4-110 to 35-4-120, inclusive, and
when applying these provisions.
Section 67. That § 35-4-21 be amended to read:
35-4-21. An operating agreement under subdivision 35-4-19(2) § 35-4-19 shall include at least
the following provisions:
(1) The manager is responsible for all operating expenses, including taxes, insurance, and
license fees, if any;
(2) The manager may dispense only liquors alcoholic beverages supplied by the municipal
off-sale establishment;
(3) The agreement shall be for a period of not to exceed five years with the provision of one
extension of also not to exceed five years in the discretion of the governing board body;
(4) Cancellation of the agreement shall be made upon The agreement may be canceled by
ninety days' written notice by either party;
(5) The manager shall pay for all liquors alcoholic beverages supplied by the municipal off-sale establishment, the actual cost price, the transportation charges and markup, and such
any additional compensation or fee as may be mutually agreed upon by both parties;
(6) A complete and detailed record shall be maintained by the municipality of all
liquors
alcoholic beverages supplied the on-sale manager. All
such liquors alcoholic beverages
shall be evidenced by prenumbered invoices prepared in triplicate showing the date,
quantity, brand, size, and actual cost as set forth in subdivision (5) of this section. The
invoices shall bear the signature of the on-sale manager or the manager's authorized
representative. One copy of the invoice shall be retained by the off-sale establishment, one
copy shall be retained by the on-sale establishment, and one copy shall be filed with the
municipal auditor or clerk. All copies shall be kept as permanent records and made
available for reference and audit purposes.
Section 68. That § 35-4-22 be amended to read:
35-4-22. If a municipality has been issued an off-sale license only, the governing board body
may, by resolution, enter into an operating agreement with the manager of a legitimate operating
business concern for the specific purpose of operating the off-sale establishment for the municipality.
Section 69. That § 35-4-22.1 be amended to read:
35-4-22.1. An off-sale licensee applying for license renewal, to the governing board which body
that has jurisdiction over the licensed premises, may not be denied the license on the grounds that
the location of the premise premises is outside the boundaries of a municipality or an unincorporated
platted area with a United States post office, if the licensee has held or had an interest in an off-sale
license at a location outside the boundaries of a municipality on an unincorporated platted area with
a United States post office for more than five years.
Section 70. That § 35-4-41 be amended to read:
35-4-41. The period covered by licenses under this chapter title is from twelve o'clock midnight
on the thirty-first day of December to twelve o'clock midnight on the thirty-first day of the next
December. However, the license is valid for an additional three days if a proper application for a new
license is in the possession of the secretary before midnight on the thirty-first day of December when
the license expires. The full fee shall be charged for any license for a portion of the period, except
as provided in subdivision 35-4-2(1).
Notwithstanding the provisions of this section, the period covered by any license issued pursuant
to subdivision 35-4-2(16) and any manufacturer license issued under this title shall be from twelve
o'clock midnight on the thirtieth day of June to twelve o'clock midnight on the thirtieth day of the
next June.
Section 71. That § 35-4-44 be repealed.
Section 72. That § 35-4-45 be amended to read:
35-4-45. Any bonded warehouse within South Dakota this state may, upon compliance with the
provisions of this section, receive alcoholic beverages for storage purposes. Before receiving any
such alcoholic beverages, the bonded warehouse shall furnish, in addition to any bond previously
furnished under the general laws law, a bond in the amount of ten thousand dollars guaranteeing that
the bonded warehouse, its officers, employees, and agents will comply with all provisions of this
chapter and chapter 35-5 title applicable to the bonded warehouse. The bond shall be in a form
prescribed by the secretary and shall be approved by and filed with the secretary.
Section 73. That § 35-4-46 be repealed.
Section 74. That § 35-4-47 be amended to read:
35-4-47. Except as provided in §§ 35-2-9 and 35-10-16, distiller and a licensed wholesaler
licensees may only purchase or receive alcoholic beverages only from:
(1) Distillers Manufacturers or wholesalers licensed under this chapter title;
(2) Transportation licensees, including deliveries by the transportation licensees through a
freight, express, or parcel post depot within the municipality where the distiller
manufacturer or wholesaler licensee operates, and including any transported beverages
so transported that have been imported from outside the state; or
(3) Bonded warehouses as provided in § 35-4-45.
Section 75. That § 35-4-48 be repealed.
Section 76. That § 35-4-49 be amended to read:
35-4-49. A manufacturer licensed under subdivision 35-4-2(14) may only sell malt beverages to
a wholesaler licensed under subdivision 35-4-2(15), or to a licensed wholesaler licensed under
subdivision 35-4-2(2), or may sell such malt beverages for transportation in interstate commerce
outside the state. A wholesaler licensed under subdivision 35-4-2(15) may sell such malt beverages
to retailers licensed under this chapter. Each malt beverage wholesale licensee for nonpasteurized
products shall designate on the application, the territory within which the licensee may sell the
designated nonpasteurized products of any brewer for the purpose of quality control, when such
territory has been agreed to by the licensee and the brewer.
Section 77. That § 35-4-50 be amended to read:
35-4-50. Licensed wholesalers A licensed wholesaler under this chapter may only sell alcoholic
beverages in this state only to wholesale to a manufacturer, wholesaler, and to retail licensees
licensee under this chapter and only such kinds of the alcoholic beverages as that the respective
licensees are licensee is authorized to purchase. However, wholesale licensees may sell, ship, or
transport such beverages to duly licensed wholesalers, distillers, and rectifiers outside of this state.
Section 78. That § 35-4-52 be amended to read:
35-4-52. No distiller or wholesale licensee manufacturer or wholesaler may attempt to promote
the sale of liquor alcoholic beverages by tie-in sales arrangements or by any device such as gifts or
other concessions of financial value to a customer. The distiller or wholesale licensee manufacturer
or wholesaler may promote sales only on the basis of price competition, salesmanship, reliability as
a supplier, and other ordinary competitive business practices.
Section 79. That § 35-4-60 be amended to read:
35-4-60. Except as provided by § 35-4-61, in this title, a retail licensees licensee may only buy
or receive alcoholic beverages only from wholesale licensees a wholesaler licensed under this
chapter. Dispenser licensees may buy or receive alcohol only, and only from wholesale licensees or
from wholesalers outside the state.
Section 80. That § 35-4-60.2 be amended to read:
35-4-60.2. A licensee licensed under subdivision 35-4-2(3), (4), or (16), (17), (17A), or (20) shall
purchase any malt beverages that the licensee sells from the municipality if the municipality in which
the licensee is located is licensed under subdivision 35-4-2(5) and if the municipality has adopted
by ordinance a requirement that purchases of malt beverages by licensees under this section be made
from the municipality. A municipality selling malt beverages to any licensee licensed under
subdivision 35-4-2(3), (4), or (16), (17), (17A), or (20) may not charge the licensee more than five
percent above the municipality's cost for malt beverages plus freight unless the municipality has an
operating agreement in effect on April 1, 1988, for its on-sale alcoholic beverage licensees licensed
pursuant to subdivision 35-4-2(4) and imposes a mark-up higher than five percent for malt
beverages. The municipality shall charge all licensees under this section the same price for malt
beverages. The provisions of this section for a licensee licensed pursuant to subdivision 35-4-2(3),
or (4), or (20) only apply if the licensee is located in a municipality with a population that exceeds
eight thousand.
Section 81. That § 35-4-61 be repealed.
Section 82. That § 35-4-66 be amended to read:
35-4-66. Alcoholic beverages, except malt beverages, may be transported only:
(1) By a transporter licensees licensee in the course of delivery to persons authorized under
this title to receive such the alcoholic beverages;
(2) By distillers or wholesale licensees a manufacturer or wholesaler in the distiller's or
wholesale manufacturer or wholesaler licensee's own vehicles, carrying the distiller's or
wholesale manufacturer or wholesaler licensee's own merchandise;
(3) By solicitor licensees, such transportation being limited to a manufacturer carrying only
samples, sealed or unsealed, of products for which orders are solicited;
(4) By individuals, an individual, in interstate transportation being limited to carrying
alcoholic beverages in quantities of one gallon or less, or in intrastate transportation not
being restricted as to carrying any quantity, but in either case the carrying alcoholic
beverages shall have been purchased by the individuals individual for personal use only;
(5) By a common carriers carrier in interstate commerce if the shipment originates outside the
state and is destined for a point outside the state;
(6) By a carrier licensees, as to that included in the stock in trade of the licensees licensee, in
exercise of the privileges granted pursuant to the license;
(7) By an established religious organizations, organization, in interstate transportation being
limited to carrying alcoholic beverages in quantities of four gallons or less, or in intrastate
transportation not being restricted as to carrying any quantity, but in either case such only
alcoholic beverages shall have been purchased by such the established religious
organizations organization for sacramental use only; or
(8) By an off-sale delivery licensees licensee; or
(9) By a wine carrier as defined in § 35-12B-1.
Section 83. That § 35-4-67 be amended to read:
35-4-67. Except as provided in subdivisions 35-4-66(1), (3), (4), (5), (6), and 7 (7), no person
other than a transporter may bring into the state alcoholic beverages into this state.
Section 84. 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. 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 in this section prevents the governing body from imposing conditions or restrictions that
it deems the governing body considers 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 this title 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 this title as if the violation had occurred in or on the
licensed premises.
Section 85. That § 35-4-78 be amended to read:
35-4-78. No licensee may sell or serve any alcoholic beverage to any person who is obviously
intoxicated at the time. A violation of this section is a Class 1 misdemeanor.
However, no licensee is civilly liable to any injured person or the injured person's estate for any
injury suffered, including any action for wrongful death, or property damage suffered because of the
intoxication of any person due to the sale or consumption of any alcoholic beverage in violation of
the provisions of this section.
Section 86. That § 35-4-79 be amended to read:
35-4-79. No on-sale or off-sale licensee may permit any person less than twenty-one years old
to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on such
the licensed premises. However, an on-sale licensee licensed pursuant to subdivision 35-4-2(4), (6),
(11), (12), (13), (16), or (20) may permit persons eighteen years old or older to sell and serve or
dispense alcoholic beverages if less than fifty percent of the gross business transacted by that
establishment is from the sale of alcoholic beverages and the licensee or an employee that is at least
twenty-one years of age is on the premises when the alcoholic beverage is sold or dispensed. For the
purposes of this section, the term, to sell and serve alcoholic beverages, means to take orders for
alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting
tables. The term does not include tending bar or drawing or mixing alcoholic beverages.
A violation of this section is a Class 2 misdemeanor.
Section 87. That § 35-4-79.1 be repealed.
Section 88. That chapter 35-4 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 35-4-79, any on-sale or off-sale licensee may permit persons
eighteen years old or older to sell or serve alcoholic beverages if less than fifty percent of the gross
business transacted by the establishment is from the sale of alcoholic beverages, or the licensee or
an employee that is at least twenty-one years of age is on the premises when the alcoholic beverage
is sold or served. For the purposes of this section, the term, to sell or serve alcoholic beverages, does
not include tending bar or drawing, pouring, or mixing alcoholic beverages.
A violation of this section is a Class 2 misdemeanor.
Section 89. That § 35-4-79.2 be repealed.
Section 90. That § 35-4-81 be amended to read:
35-4-81.
No on-sale or off-sale licensee, licensed under subdivisions 35-4-2(3), (4), (5), (6), (9),
(11), (13), or (18), may sell, serve, or allow to be consumed on the premises covered by the license,
alcoholic beverages between the hours of two a.m. and seven a.m. or on Sunday after two a.m., on
Memorial Day after two a.m., or at any time on Christmas Day. However, any Any municipality or
county may, by ordinance,
allow prohibit or restrict the sale, service, and consumption of alcoholic
beverages on Sundays
and, Christmas Day, or Memorial Day.
A violation of this section is a Class
2 misdemeanor.
Section 91. That § 35-4-81.2 be amended to read:
35-4-81.2. No on-sale or off-sale licensee licensed under subdivisions 35-4-2(12), (16), (17),
(17A), (19), and (20) may sell, serve, or allow to be consumed on the premises covered by the
license, any alcoholic beverages between the hours of two a.m. and seven a.m. A violation of this
section is a Class 2 misdemeanor.
Section 92. That § 35-4-85 be repealed.
Section 93. That § 35-4-94 be repealed.
Section 94. That § 35-4-95 be repealed.
Section 95. That § 35-4-96 be repealed.
Section 96. That § 35-4-97 be repealed.
Section 97. That § 35-4-98 be repealed.
Section 98. That § 35-4-101 be amended to read:
35-4-101. Any hotel or motel may operate minibars as defined in § 35-1-1 in any of its rooms
or units if the hotel or motel has an on-sale liquor license issued pursuant to subdivision 35-4-2(4),
(6), or (13).
Section 99. That § 35-4-103 be amended to read:
35-4-103. Any municipality or county may impose on any person who is licensed pursuant to
subdivision 35-4-2(4), (6), (11), (12), (13), or (16) this chapter and who is issued a video lottery
establishment license pursuant to § 42-7A-41 an annual additional license fee for the privilege of
locating video lottery machines on the licensed premises. The fee may not exceed fifty dollars for
each video lottery machine. The fees imposed by this section are in addition to fees imposed under
§§ 35-4-2 and 42-7A-41 and shall be paid at the same time and in the same manner as the fees paid
in § 35-4-2. All fees received under this section shall be deposited into the general fund of the
municipality or county having jurisdiction over the licensee. However, the municipality or county
may not impose this additional fee on more than one license per location.
Section 100. That § 35-4-106 be amended to read:
35-4-106. Any county or municipality operating a golf course may, by resolution, without an
election, but subject to referendum, make application for the issuance of an on-sale license, including
a malt beverage retailer's license, at such facility at the golf course.
Section 101. That § 35-4-117 be amended to read:
35-4-117. Any municipality or county adopting the ordinance pursuant to § 35-4-111 shall, for
a period of ten years following adoption of such ordinance, set the price of a new full-service
restaurant on-sale license, pursuant to § 35-4-116, at or above the current fair market value.
However, such the full-service restaurant on-sale license fee may not be less than the minimum on-sale license fee as provided for in subdivision 35-4-2(4) or (6). For purposes of this section, the term,
current fair market value, means the documented price of the on-sale license most recently sold
between January 1, 2003, and January 1, 2008, through an arm's-length transaction, less the value
of any real or personal property included in the transaction. Each on-sale license holder as of January
1, 2008, who acquired the on-sale license within the last five years shall report to the municipality
or county the date and price paid for its on-sale license. If there are no documented sales of on-sale
licenses between January 1, 2003, and January 1, 2008, the municipality or county may request from
any on-sale license holder within the municipality or county, the date and price originally paid for
its on-sale license to determine the current fair market value.
Section 102. That § 35-4-120 be amended to read:
35-4-120. Upon the adoption of an ordinance pursuant to § 35-4-111, any person who purchased
an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) between January 1, 2003, and
January 1, 2008, and who owned the license on January 1, 2008, within the last five years shall
report to the municipality or county that issued the license the amount paid for the license. If the
municipality or county that issued the on-sale license adopts an ordinance pursuant to § 35-4-111,
and requests from any other licensee the amount originally paid for any other on-sale license
pursuant to § 35-4-117, the licensee shall report that amount to the municipality or county. The
declared purchase price shall be made under oath and shall include the documents establishing the
amount paid for the on-sale license. If the transaction included other personal property or real
property, the full market value of such the other property on the date of the transaction shall be
deducted from the total purchase price to establish the amount paid for the license. The person who
owned the license on January 1, 2008, as of the date of the adoption of the ordinance has the burden
of establishing the amount paid for the license. If the amount reported is used to determine current
fair market value pursuant to § 35-4-117, any licensee who contends that the amount does not
accurately reflect the fair market value of the license on the date of purchase may file an objection
to the report. The objection shall be filed with the municipality or county within thirty days of the
date the license fee is set pursuant to § 35-4-116. If an objection is filed, the governing board of the
municipality or county shall conduct a hearing to determine the fair market value of the license. The
determination of the governing board may be appealed to circuit court.
Section 103. That § 35-4-121 be repealed.
Section 104. That § 35-4-122 be repealed.
Section 105. That § 35-4-123 be amended to read:
35-4-123. Any county operating a county fairgrounds may, by resolution, without an election,
but subject to referendum, issue one on-sale license, including a malt beverage retailer's license, at
the county fairgrounds to an applicant who is authorized by the county to operate as the leaseholder
at the county fairgrounds. The selling, serving, or dispensing of any alcoholic beverage at the county
fairgrounds may not occur more than one hour before the commencement of any event at the county
fairgrounds or at any time after the event is concluded. A license issued pursuant to this section may
not be transferred. The license shall be issued without regard to the population limitations
established pursuant to §§ 35-4-11 and 35-4-11.1.
Section 106. That § 35-4-124 be amended to read:
35-4-124. Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (16) in
addition to any other licenses held by the special events license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (12) or
chapter 35-12 any farm winery licensee in addition to any other licenses held by the
special events license applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to subdivision 35-4-2(4) or (6) in addition to any other licenses
held by the special events license applicant;
(4) A special off-sale package wine dealers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), or (12),
(17A), or (19) or chapter 35-12 any farm winery licensee in addition to any other licenses
held by the special events license applicant. A special off-sale package wine dealers
licensee may only sell wine manufactured by a farm winery that is licensed pursuant to
chapter 35-12 licensee;
(5) A special off-sale package wine dealers license in conjunction with a special event,
conducted pursuant to § 35-4-124.1, within the municipality or county to any civic,
charitable, educational, fraternal, or veterans organization;
(6) A special off-sale package malt beverage dealers license in conjunction with a special
event, conducted pursuant to § 35-4-124.1, within the municipality or county to any civic,
charitable, educational, fraternal, or veterans organization; or
(7) A special off-sale package dealers license in conjunction with a special event, conducted
pursuant to § 35-4-124.1, within the municipality or county to any civic, charitable,
educational, fraternal, or veterans organization.
Any license issued pursuant to this section may be issued for a period of time established by the
municipality or county. However, no period of time may exceed fifteen consecutive days. The
municipality or county may issue a license under this section for a time not to exceed fifteen
consecutive days. No public hearing is required for the issuance of a license pursuant to this section
if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt
beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local
governing body shall establish rules to regulate and restrict the operation of the special license,
including rules limiting the number of licenses that may be issued to any person within any calendar
year.
Section 107. That § 35-4-124.1 be amended to read:
35-4-124.1. A civic, charitable, educational, fraternal, or veterans organization holding a special
events license pursuant to subdivision 35-4-124(5) may accept only sell wine that has been donated
wine from by members of the public to be sold at the special event. A civic, charitable, educational,
fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may accept donated only sell malt beverages from that have been donated by members of the
public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans
organization holding a special events license pursuant to subdivision 35-4-124(7) may accept
donated only sell alcoholic beverages from that have been donated by members of the public to be
sold at the special event.
Any The donor shall purchase any donated alcoholic beverage
must have been purchased from
a licensed South Dakota retailer
by the donor.
Section 108. That § 35-4-127 be amended to read:
35-4-127. A licensee licensed pursuant to subdivisions subdivision 35-4-2(3) or (5) may apply
for an off-sale delivery license as provided by subdivision 35-4-2(23) to deliver alcohol alcoholic
beverages to a consumer within the boundaries of the municipality that issued the off-sale license.
The alcohol alcoholic beverage for delivery shall be purchased in person and on-site at the licensee's
off-sale premises. The minimum purchase of alcohol alcoholic beverages shall be one hundred fifty
dollars. The delivery shall be made during hours of operation pursuant to § 35-4-81 § 35-4-81.2 by
an employee of the licensee who is at least twenty-one years old. The employee shall obtain the
signature of a person twenty-one years of age old or older prior to before delivery of the shipment.
The employee shall request that the person signing for the delivery display a valid age-bearing photo
identification document issued by this state, another state, or the federal government verifying that
the person is twenty-one years of age old or older. Documentation verifying the identification of the
person signing for the delivery shall be retained by the licensee for one year.
Any licensee who delivers
alcohol alcoholic beverages to a person under twenty-one years
of age
old is subject to a civil penalty of one thousand dollars for a first offense and two thousand dollars
for a second or subsequent offense. Any money collected pursuant to this section shall be deposited
in the general fund.
Section 109. That § 37-10A-1 be amended to read:
37-10A-1. An No alcoholic beverage may not be sold below the wholesale cost of the alcoholic
beverage, unless the sale constitutes the termination of the sale of the alcoholic beverage on the
licensed premises. Any alcoholic beverage offered for sale at less than wholesale cost may not be
offered again for sale on the licensed premises for a period of less than one year after termination
of the sale of the product on the licensed premises. Wholesale The wholesale cost is the
consideration paid by a retailer to a wholesaler to acquire an alcoholic beverage and includes the
purchase price and freight charges. If no wholesaler is used in the sale, the direct shipper may not
sell the alcoholic beverage below the manufacturer's cost.
Section 110. The Code Counsel shall transfer § 37-10A-1 to chapter 35-4.
Section 111. That § 35-5-1 be amended to read:
35-5-1. The provisions of this chapter shall be construed to relate apply to all alcoholic
beverages.
Section 112. That § 35-5-2 be amended to read:
35-5-2. There is hereby levied on manufacturers, and wholesalers of alcoholic beverages an
occupational tax computed on all alcoholic beverages purchased, received or imported from a
distiller, manufacturer, or foreign wholesaler for sale to a retail dealer an alcohol excise tax on all
alcoholic beverages manufactured, purchased, received, or imported in this state. A manufacturer
shall pay the alcohol excise tax on all alcoholic beverages manufactured and sold directly to a retailer
or consumer. A wholesaler shall pay the alcohol excise tax on all alcoholic beverages purchased,
received, or imported for sale to a retailer.
Section 113. That § 35-5-3 be amended to read:
35-5-3. The occupational alcohol excise tax based on the quantities of different kinds of
alcoholic beverages is:
(1) Malt beverages, eight dollars and fifty cents per barrel of thirty-one gallons, or a pro rata
portion thereof in accordance with the size of the bulk container;
(2) All light wines and diluted beverages (except sparkling wines and cider) containing
alcohol by weight to the extent of more than 3.2 percent and not more than fourteen
percent, ninety-three cents per gallon;
(3) All wines (except sparkling wines) containing alcohol by weight to the extent of more
than fourteen percent and not more than twenty percent, one dollar and forty-five cents
per gallon;
(4) All wines (except sparkling wines) containing alcohol by weight to the extent of more
than twenty percent and not more than twenty-four percent, all natural sparkling wines
containing alcohol and all artificial sparkling wines containing alcohol, two dollars and
seven cents per gallon;
(4A) All cider containing alcohol by weight not more than ten percent, twenty-eight cents per
gallon;
(5) All other alcoholic beverages not otherwise specified, three dollars and ninety-three cents
per gallon.
For the purposes of this section, diluted beverages are alcoholic beverages prepared from the
admixture of spirits or wine with water, dairy products, fruit juices, or vegetable juices, to which may
be added natural flavors, artificial flavors, sweetening agents, or food additives to produce a
beverage distinct and unique from the spirits or wine. In no case does the term, diluted beverages,
include beverages which contain in excess of twelve percent alcohol by weight.
Any funds collected from the
alcohol excise tax imposed by this section shall be deposited in the
alcoholic beverage fund.
Section 114. That § 35-5-3.3 be amended to read:
35-5-3.3. A malt beverage manufacturer who possesses an on-sale license authorized pursuant
to § 35-5-3.2 may be issued a malt beverage package dealer's license issued pursuant to subdivision
35-4-2(17) 35-4-2(16) for such the premises where the malt beverage is manufactured, limited to the
sale of malt beverages the manufacturer manufactures. The manufacturer shall pay the tax imposed
under subdivision 35-5-3(1) on all malt beverages so sold.
Section 115. That § 35-5-4 be repealed.
Section 116. That § 35-5-6 be amended to read:
35-5-6. The following alcoholic beverages sold by licensees are hereby excepted exempt from
the tax taxes levied by § 35-5-2 this chapter:
(1) Alcohol sold to dispenser licensees;
(2) Sacramental wines; or
(3)(2) Alcoholic beverages sold by distiller manufacturer licensees for transportation in
interstate commerce outside the state, or, to wholesale licensees under this title;
(4) Malt beverages sold by manufacturers for transportation in interstate commerce.
Section 117. That § 35-5-6.1 be amended to read:
35-5-6.1. In addition to the alcohol excise tax imposed by § 35-5-3, a tax of two percent of the
purchase price is imposed upon the purchases of alcoholic beverages, except malt beverages, by a
wholesaler from a distiller, manufacturer, or supplier. The tax shall be paid monthly and shall be
administered and collected in the same manner as provided in this chapter for the collection of the
occupational alcohol excise tax. A licensee shall indicate the total dollar amount of purchases
received during the reporting period. Funds collected from the tax imposed by this section shall be
deposited in the state general fund.
Section 118. That § 35-5-7 be amended to read:
35-5-7. Any licensee liable for the payment of the occupational tax taxes levied under this
chapter may be required by the secretary to file with the secretary a bond or bonds, in an amount and
form prescribed by the secretary, with corporate surety satisfactory to the secretary. The amount of
the bond may not exceed fifty thousand dollars, and the secretary may require the increase or permit
the decrease of the amount of the bond to a sum that the secretary deems determines is necessary to
assure payment of the tax. The bond or bonds shall run to the state and shall be conditioned on the
payment of all taxes levied by under this chapter on or before the due date of payment, and on the
payment of all fines and penalties lawfully imposed by reason of failure to pay any such taxes levied
under this chapter on the date payment is due. In lieu of a bond, the secretary may allow the licensee
to furnish the amount of the bond in cash or negotiable securities approved by the secretary.
Section 119. That § 35-5-10 be amended to read:
35-5-10. Licensees Each licensee liable for the payment of the occupational tax taxes levied by
under this chapter shall file with the secretary a return, on such a form as prescribed by the secretary
may require, showing the kind and quantity of alcoholic beverages produced, received, and on hand,
together with the names of the persons from whom received, the amount of tax due, and such any
other information as prescribed by the secretary shall by regulation prescribe. Said. The return,
covering the period of one calendar month, together with payment of the tax due, shall be transmitted
to the department on or before the twenty-fifth day of the second month following the close of the
reporting period. A violation of this section is a Class 1 misdemeanor.
Section 120. That § 35-5-19 be amended to read:
35-5-19. Any person required to file returns or reports under this chapter, who fails to file a
return or report within the month following the month the return or report is or pay the tax when due
is subject to an additional tax, assessed as a penalty, equal to ten percent of the tax or ten dollars,
whichever is greater interest and penalty at the rates set forth in § 10-59-6. However, for a reasonable
cause shown, the secretary may reduce or eliminate such the penalty. If the tax imposed by this
chapter is not paid on the due date, the amount of the tax shall bear the interest at the Category D rate
of interest as established in § 54-3-16 from the date of delinquency until paid. If any licensee files
a false or fraudulent return, there shall be added to the tax an amount equal to the tax evaded, or
attempted to be evaded, shall be added to the tax. Penalty and interest are considered the same as tax
for the purposes of collection and enforcement including liens, distress warrants, and criminal
violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with
the oldest delinquency, then to interest and then to penalty. No court of this state may enjoin the
collection of any such the tax or civil penalty.
Section 121. That § 35-5-20 be amended to read:
35-5-20. Any licensee liable for the payment of the occupational tax taxes shall keep, in current
and available form on the licensed premises, records of all purchases, sales, quantities on hand, and
such any other information as the secretary may prescribe by rule promulgated pursuant to chapter
1-26. The secretary may require, from any licensee, any reports the secretary prescribes, and the
secretary may require the production of any book, record, document, invoice, and voucher kept,
maintained, received, or issued by the licensee in connection with the licensee's business that, in the
judgment of the secretary, may be necessary to administer and discharge the secretary's duties, to
secure the maximum of revenue to be paid, and to carry out the provisions of law. A violation of this
section is a Class 1 misdemeanor.
If default is made, or if any
such licensee fails or refuses to furnish any other reports or
information referred to upon request for the reports or information, the secretary may enter the
licensee's premises where the records are kept and
make such examination as is examine the records
as necessary to compile the required report. The cost of the examination shall be paid by the licensee
whose reports are in default.
Section 122. That § 35-5-20.1 be amended to read:
35-5-20.1. Any person outside the state who sells or ships alcoholic beverages to a distiller,
manufacturer, or wholesaler, solicitor, or dispenser within this state shall forthwith forward to
provide the secretary such a report as the secretary shall may require, giving the name and address
of the licensee or person making the purchase, the quantity and kind of alcoholic beverages sold, the
manner of delivery and such any other information as prescribed in rule by the secretary by rule
requires. A violation of this section is a Class 1 misdemeanor.
Section 123. That § 35-5-20.2 be repealed.
Section 124. 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. Each municipality's share of the fund shall be determined by the ratio
of the population of each municipality to the total population of all the municipalities sharing in the
receipts. The Department of Revenue department shall make 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
municipality its share of the fund. The amount received by each municipality shall be deposited in
the municipality's general fund.
Section 125. That § 35-5-22.1 be amended to read:
35-5-22.1. For the purposes of § 35-5-22, municipalities include:
(1) Municipalities Any municipality as defined in subdivision 9-1-1(6);
(2) Any unincorporated platted town with a United States post office;
(3) Any unincorporated town in which a retail licensee is authorized to operate; or
(4)(3) Open mess facilities authorized by federal laws at defense installations. Thirty percent of
the tax contributed to the fund by the licensed wholesaler, resulting from tax paid sales
to the facility, shall revert to that facility;
(5) Any unincorporated platted municipality within an organized township which had a
United States post office as of July 1, 1980.
Section 126. That § 35-5-22.2 be amended to read:
35-5-22.2. Twenty-five percent of all of the revenues deposited in the alcoholic beverage fund
shall revert to the counties. Twenty-five percent of such the 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 department 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
pursuant to this section and § 35-5-25 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.
Section 127. That § 35-5-28 be amended to read:
35-5-28. After determination is made of the the amount of funds necessary reserve to provide for
the reversions to municipalities and counties in §§ 35-5-22 and 35-5-22.2 is determined, the balances
remaining funds may be transferred to the general fund.
Section 128. That § 35-10-1 be amended to read:
35-10-1. The secretary may promulgate rules, pursuant to chapter 1-26, concerning regarding the
following matters involving the sale, purchase, distribution, and licensing of alcoholic beverages
under this title:
(1) The marking of bottles, cans, and other containers of alcoholic beverages so as to show
showing the quantity of alcohol by weight and contents of the container;
(2) The invoicing of alcoholic beverages to licensees;
(3) Advertising and the offering of inducements by manufacturers and wholesalers to retailers
or retailers to the consumer and may adopt the uniform code on advertising in whole or
in part;
(4) The giving of samples by manufacturer, distiller, and wholesaler, and solicitor licensees;
(5) The conduct of hearings for the suspension or revocation of licenses;
(6) The prohibition of discriminatory or unfair practices and the preclusion of subterfuges for
the accomplishment of such discrimination, including but not limited to, the filing and
amendment of price schedules, preservation and conformity to price schedules, limitation
of quantity discounts, extensions of credit by manufacturers or wholesalers to retail
licensees, prohibiting cash discounts, commercial bribery, prescribing certain types of
advertising specialties as being allowable, prohibiting unfair trade practices, requiring sale
and delivery in its entirety, prohibiting participation in a violation by any class licensee
or foreign dealer, prescribing periods of audit of licensees, limiting advertising that has
a utility value to the retailers, prescribing rules for the miscellaneous disposition of liquor
as gifts by manufacturers and wholesalers or breakage claimed by manufacturers or
wholesalers;
(7) The reporting of information by corporations licensed under this title or seeking to be
licensed under this title relating to the full disclosure of corporate information including
stockholders, other licenses held, providing for hearing in the case of voluntary transfer
and requiring report in case of involuntary transfers of stock;
(8) Bottle sizes of alcoholic beverages offered for sale. However, the department may not
place any restrictions upon the distribution of 1.75 liter containers to any on-sale licensee,
licensed pursuant to subdivision 35-4-2(4) or (6);
(9) Requiring licensees to furnish breakdowns and statistical information of various types of
alcoholic beverages sold to consumers or to retail licensees for the consumers' use;
(10) The application, determination, and computation of the tax; and
(11) The determination of purchase price.
Section 129. That § 35-10-5 be repealed.
Section 130. That § 35-10-6 be repealed.
Section 131. That § 35-10-9 be amended to read:
35-10-9. If any licensed dealer in alcoholic beverages or the dealer's agent or employee is
convicted of:
(1) A violation of any provision of this title, or any law or ordinance regulating the sale of
alcoholic beverages; or
(2) Any violation of law or ordinance in the operation of the licensed premises, the court or
magistrate shall, within ten days after the conviction, mail a written notice of conviction
to the
auditor or finance officer of the municipality or the county auditor of the county
having jurisdiction to approve alcoholic beverage licenses for the premises. A copy of the
notice shall also be mailed to the
Department of Revenue department.
Section 132. That § 35-10-21 be amended to read:
35-10-21. If, in an action pursuant to § 35-10-19, it is made to appear by affidavits or otherwise,
to the satisfaction of the court, or judge in vacation, that such a nuisance exists, a temporary writ of
injunction shall forthwith issue be issued, restraining the defendant from conducting or permitting
the continuance of such the nuisance until the conclusion of the trial. If a temporary injunction is
prayed for sought, the court may issue an order restraining the defendant and all other persons from
removing, or in any way interfering, with the alcoholic beverages or fixtures, or other things used
in connection with the violation of the laws of the State of South Dakota this state constituting such
the nuisance.
Section 133. That § 35-12B-13 be amended to read:
35-12B-13. A direct shipper shall pay the alcoholic beverage occupational taxes alcohol excise
tax as prescribed pursuant to § 35-5-2, according to the rates established in subdivisions 35-5-3(2),
(3), and (4). Notwithstanding the filing and payment requirements prescribed in chapter 35-5, a direct
shipper shall include on the report required by § 35-12B-11 the gallons of wine shipped to recipients
in this state in each wine category as set forth in subdivisions 35-5-3(2), (3), and (4), and calculate
the tax due for each wine category.
Additionally, the direct shipper shall pay the tax imposed by § 35-5-6.1 on shipped wine based
upon the purchase price of the wine sold to the consumer. The direct shipper shall remit the taxes
quarterly on or before the fifteenth day of the month following each quarterly period.
A direct shipper that is also licensed as a farm winery
pursuant to chapter 35-12 under this title
shall receive a credit for any
occupational alcohol excise tax paid pursuant to
§§ 35-12-7 and 35-12-8
this title for any wine sold for shipment in this state by the direct shipper.
Signed March 7, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\214.wpd
CHAPTER 214
(SB 70)
The sale and use of alcoholic beverages, regulated.
ENTITLED, An Act to define the term, serve, for the purposes of regulating the sale and use of
alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-1-1 be amended by adding a NEW SUBDIVISION to read:
(21A) "Serve," the taking of an order for an alcoholic beverage and intentionally delivering the
alcoholic beverage to a customer for the purpose of consumption on the licensed premises and the
customer takes physical possession of the alcoholic beverage;
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\214.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\215.wpd
CHAPTER 215
(HB 1146)
The consumption of alcoholic beverages
aboard vehicles operated by licensed carriers, regulated.
ENTITLED, An Act to revise certain provisions regarding the consumption of alcoholic beverages
by passengers aboard vehicles operated by licensed carriers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-1-5.6 be amended to read:
35-1-5.6. It is a Class 2 misdemeanor for any person to consume any alcoholic beverage upon
the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer. However, this provision does not apply to any passenger aboard a vehicle operated by
a licensed carrier.
Section 2. That chapter 35-1 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 35-1-5.6, a licensed carrier may permit a passenger to bring
sealed and unopened alcoholic beverages purchased from a South Dakota retailer aboard the vehicle
for consumption by the passenger aboard the vehicle operated by the carrier. Nothing in this section
may be construed to permit a licensed carrier to violate any other provision under this title.
Section 3. That subdivision (3) of § 35-1-1 be amended to read:
(3) "Carrier," a person who for hire transports passengers and who sells or furnishes to
passengers for consumption alcoholic beverages aboard any means of conveyance or
allows passengers to consume the passenger's own alcoholic beverages aboard the
conveyance;
Section 4. That subdivision (9) of § 35-4-2 be amended to read:
(9) Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic
beverages on licenses all conveyances the licensee operates within the in this state unless
restricted by local ordinance;
Section 5. That § 35-4-66 be amended to read:
35-4-66. Alcoholic beverages, except malt beverages, may be transported only:
(1) By transporter licensees licensed transporters in the course of delivery to persons
authorized under this title to receive such the alcoholic beverages;
(2) By distillers or wholesale licensees licensed wholesalers in the distiller's or wholesale
licensee's own vehicles, carrying the distiller's or wholesale licensee's own merchandise;
(3) By solicitor licensees, such licensed solicitors, the transportation being limited to samples,
sealed or unsealed, of products for which orders are solicited;
(4) By individuals, interstate transportation being limited to alcoholic beverages in quantities
of one gallon or less, intrastate transportation not being restricted as to quantity, but in
either case the alcoholic beverages shall have been purchased by the individuals for
personal use only;
(5) By common carriers in interstate commerce if the shipment originates outside the state
and is destined for a point outside the state;
(6) By carrier licensees licensed carriers, as to that included in the stock in trade of the
licensees or purchased by passengers for personal use while on the conveyance;
(7) By established religious organizations, interstate transportation being limited to alcoholic
beverages in quantities of four gallons or less, intrastate transportation not being restricted
as to quantity, but in either case such the alcoholic beverages shall have been purchased
by such the established religious organizations for sacramental use only; or
(8) By off-sale delivery licensees.
Signed March 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\216.wpd
CHAPTER 216
(HB 1185)
The storage of wine at certain licensed premises.
ENTITLED, An Act to establish provisions regarding the storage of wine at certain licensed
premises.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-1-5.7 be amended to read:
35-1-5.7. Notwithstanding the provisions of § 35-1-5.6, a licensee that is licensed to sell wine
on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed
premises for consumption by the customer while eating a meal that was prepared by the licensee and
that was served at a table on the licensed premises. The licensee may charge a corkage fee for serving
wine supplied by a customer. The customer may carry out the unconsumed portion of the bottle of
wine if it is securely resealed by the licensee with a cork or other similar cap and placed in a sealed
bag or other container. The licensee shall also attach the receipt for the meal and any corkage fee to
the bag or container.
The customer may store unconsumed bottles of wine on the licensed premises.
The licensee may charge a storage fee for storing wine supplied by the customer.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\216.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\217.wpd
CHAPTER 217
(SB 178)
Alcoholic beverage licensing exemption
for events conducted by certain civic, charitable,
educational, fraternal, or veterans organizations.
ENTITLED, An Act to provide certain exceptions from alcoholic beverage provisions regarding
events conducted by certain civic, charitable, educational, fraternal, or veterans organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-2-6.8 be amended to read:
35-2-6.8. Notwithstanding the provisions of § 35-2-6.4 or 35-4-52, a licensed manufacturer
licensee or wholesaler may pour or serve any alcoholic beverages and a wholesaler licensee may
pour or serve wine at any at an event conducted by one of the following types of organizations any
civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124:
(1) A civic organization;
(2) A charitable organization;
(3) An educational organization;
(4) A fraternal organization; or
(5) A veterans organization.
Section 2. That chapter 35-2 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 35-2-6.4 or 35-4-52, a manufacturer or wholesaler may
donate alcoholic beverages to any civic, charitable, educational, fraternal, or veterans organization
licensed pursuant to § 35-4-124.
Section 3. That chapter 35-4 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 35-4-60, a civic, charitable, educational, fraternal, or
veterans organization licensed pursuant to § 35-4-124 may purchase alcoholic beverages from any
licensed wholesaler, or licensed retailer with off-sale privileges.
Signed March 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\218.wpd
CHAPTER 218
(HB 1157)
Alcohol manufacturers and wholesalers may enter into
sponsorship agreements with alcohol retail licensees.
ENTITLED, An Act to authorize certain alcohol manufacturers and wholesalers to enter into
sponsorship agreements with certain alcohol retail licensees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 35-2 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 35-2-6.4 or 35-4-52, a manufacturer, wholesaler, or an agent
of a manufacturer or wholesaler may enter into a sponsorship or advertising agreement with a retailer
who is a civic, charitable, educational, fraternal, or veterans organization licensed pursuant to § 35-4-124, a public entity as defined by § 3-21-1, or an operator of property owned by a public entity for
advertising at or sponsorship of property owned by the public entity.
Signed March 7, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\218.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\219.wpd
CHAPTER 219
(HB 1121)
Fees for certain on-sale and off-sale retail liquor licenses.
ENTITLED, An Act to revise the fees for certain on-sale and off-sale retail liquor licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-2 be amended to read:
35-4-2. Classes of licenses, with the fee of each class, follow:
(1) Distillers--four thousand dollars. However, no license fee is required for manufacturers
of alcohol for use in industry as a nonbeverage. If the manufacturer of industrial alcohol
shall at any time manufacture, produce, distill, sell, barter, or dispose of alcohol for any
use other than an industrial use, the license fee required by this section shall be allocated
to and payable for the portion of the year the manufacturer devoted to such other use for
each calendar month or fraction thereof while so engaged, but in no case less than one-twelfth of the license fee;
(2) Wholesalers of alcoholic beverages--five thousand dollars;
(3) Off-sale--not less than five three hundred dollars in municipalities of the first class, not
more than four hundred dollars in municipalities of the second class, and not more than
three hundred dollars in municipalities of the third class. The renewal fee for such
licenses the license may not exceed five hundred dollars in municipalities of the first
class, four hundred dollars in municipalities of the second class, and three hundred dollars
in municipalities of the third class;
(4) On-sale--in municipalities of various classes: municipalities of the first class, not less than
one dollar for each person residing within the municipality as measured by the last
preceding federal census, the. The renewal fee for such the license is may not exceed
fifteen hundred dollars; municipalities of the second class, no more than twelve hundred
dollars; municipalities of the third class, no more than nine hundred dollars;
(5) Off-sale licenses issued to municipalities under local option--not less than two hundred
fifty dollars;
(6) On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less
than the maximum that the amount the nearest municipality to which the applicant is
nearest is charging for a like license in that municipality, the. The renewal fee shall be the
same as is charged for a like license in the nearest municipality. However, if the nearest
municipality is more than fifteen miles from the on-sale license, the fee shall be
established pursuant to § 35-4-11.10. If the municipality to which the applicant is nearest
holds an on-sale license, pursuant to § 35-3-13 and does not charge a specified fee, then
the fee shall be the maximum minimum amount that could be charged as if the
municipality had not been authorized to obtain on-sale licenses pursuant to § 35-3-13.
However, if the nearest municipality is a municipality of the first class and is authorized
to hold an on-sale license pursuant to § 35-3-13, such fee may not be more than one
hundred fifty percent of the minimum a municipality not so authorized may charge for a
like license. The renewal fee shall be the same as could be charged for a like license in
the nearest municipality;
(7) Solicitors--twenty-five dollars;
(8) Transportation companies--twenty-five dollars;
(9) Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic
beverages on all conveyances the licensee operates within the state unless restricted by
local ordinance;
(10) Dispensers--ten dollars;
(11) On-sale dealers at publicly operated airports--two hundred fifty dollars;
(12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundred
dollars;
(13) Convention facility on-sale--not less than one dollar for each person residing within the
municipality as measured by the last preceding federal census, the. The renewal fee for
such the license, in municipalities of the first class, is may not exceed fifteen hundred
dollars; the renewal fee for such license, in municipalities of the second class, is no more
than twelve hundred dollars; the renewal fee for such license, in municipalities of the third
class, is no more than nine hundred dollars;
(14) Manufacturers of malt beverages--five hundred dollars;
(15) Wholesalers of malt beverages--four hundred dollars;
(16) Malt beverage retailers, being both package dealers and on-sale dealers--three hundred
dollars;
(17) Malt beverage package dealers--two hundred dollars;
(17A) Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two
hundred twenty-five dollars;
(18) On-sale dealers in light wine containing not more than six percent alcohol by weight for
each day of the week between the hours of seven a.m. and two a.m. to nonprofit
corporations established pursuant to chapter 7-7--two hundred dollars;
(19) Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and
distilled spirits produced from product provided to an artisan distiller by the respective
farm winery to be operated in conjunction with a farm winery established pursuant to
chapter 35-12--one hundred fifty dollars;
(20) Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of
wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers--three hundred twenty-five dollars;
(21) Retail on premises manufacturer--two hundred fifty dollars;
(22) Manufacturers of cider--five hundred dollars; and
(23) Off-sale delivery--one hundred fifty dollars.
Section 2. That § 35-4-2.9 be repealed.
Section 3. That § 35-4-11.9 be repealed.
Section 4. That § 35-4-11.10 be repealed.
Signed March 9, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\220.wpd
CHAPTER 220
(HB 1273)
Convention facility on-sale licenses to sell alcoholic beverages.
ENTITLED, An Act to revise certain provisions regarding convention facility on-sale licenses to sell
alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-11.2 be amended to read:
35-4-11.2. Notwithstanding the provisions of § 35-4-11, each municipality may issue two
convention facility on-sale licenses for convention facilities substantially constructed within the two
years following issuance of such the license or previously completed. If located in a first class
municipality with a population of twenty thousand or greater, the hotel-motel convention facility
shall be used and kept open for the hosting of large groups of guests for compensation and shall have
at least one hundred rooms which that are suitable lodging accommodations and convention facilities
with seating for at least four hundred persons. If located in a second or third class municipality with
a population of less than twenty thousand, the hotel-motel convention facility shall have at least forty
rooms which that are suitable lodging accommodations and convention facilities with seating for at
least one hundred fifty persons.
If a municipality's
classification changes from one class to another class population changes, the
facility is only required to meet the criteria established by this section for the license at the time
it
the license was originally issued.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\220.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\221.wpd
CHAPTER 221
(HB 1173)
Inactive status for airport liquor licenses.
ENTITLED, An Act to provide for inactive status of airport liquor licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 35-4-14 be amended to read:
35-4-14. Any Notwithstanding the provisions of § 35-4-11 or 35-2-5.3, any county or
municipality operating an airport in pursuance to under chapter 50-7 or a regional airport authority
operating an airport under chapter 50-6A may by resolution, without an election, but subject to
referendum, make application for the issuance of an on-sale license at such the airport.
An on-sale license issued for a municipal airport may be renewed annually as long as the
municipality or regional airport authority operates the airport. No on-sale license issued for a
municipal airport after July 1, 2018, may be sold, transferred, or operated at any location other than
the municipal airport.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\221.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\222.wpd
CHAPTER 222
(HB 1067)
The licensing of wineries and wine manufacturers.
ENTITLED, An Act to revise certain provisions regarding the licensing of wineries.
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:
For the purposes of this Act, the term, farm winery, means any manufacturer located in this state
producing wine, as defined in § 35-1-1, in a total quantity not in excess of one hundred fifty thousand
gallons within a calendar year, where at least fifty percent of the raw materials used in the finished
product are grown or produced in this state, and without the use of wine imported from outside this
state.
Section 2. That the code be amended by adding a NEW SECTION to read:
The fee for a farm winery license is five hundred dollars.
Section 3. That the code be amended by adding a NEW SECTION to read:
Except as provided in this Act, all provisions of title 35 apply to the production, sale, possession,
transportation, and consumption of alcoholic beverages produced by any person licensed pursuant
to this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to
this Act an excise tax at the same rates and collected and administered in the same manner as the
taxes imposed on alcoholic beverages in chapter 35-5. Notwithstanding any other provision of law,
the taxes imposed on a farm winery shall be deposited in the general fund.
Section 5. That the code be amended by adding a NEW SECTION to read:
Any applicant for a license as a farm winery shall verify, under oath, compliance with the
requirement to use agricultural products grown or produced in this state. However, if South Dakota
agricultural products are not available in sufficient quantities, the applicant may use imported
agricultural products for the period covered by the license, but may not use imported alcoholic
beverages. Any person who signs a statement as provided for in this section, knowing the statement
to be false or untrue, in whole or in part, is guilty of perjury.
Section 6. That the code be amended by adding a NEW SECTION to read:
A licensed farm winery may sell on the licensed premises alcoholic beverages produced by the
licensee for on-sale or off-sale consumption. A licensed farm winery may sell alcoholic beverages
produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic beverages.
A licensed farm winery may sell alcoholic beverages to any licensed artisan distiller, farm winery,
microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total
production limits for the license as specified in section 1 of this Act.
Section 7. That the code be amended by adding a NEW SECTION to read:
A licensed farm winery may hold on the licensed premises an artisan distiller license, a
microbrewery license, or a microcidery license. A licensed farm winery may hold on the licensed
premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Section 8. That the code be amended by adding a NEW SECTION to read:
A licensed farm winery may operate additional locations in this state by obtaining additional
licenses of the same class pursuant to this Act. The quantity of alcoholic beverages produced under
the original license and any additional licenses combined may not exceed the total production limits
for the license as specified in section 1 of this Act. Any additional license issued pursuant to this
section has the privileges of the original license as specified in sections 6 and 7 of this Act.
Section 9. That the code be amended by adding a NEW SECTION to read:
The holder of any license issued under this Act shall register labels for each type or brand
produced with the department in the same manner as prescribed for alcoholic beverages in chapter
39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection
with an actual living or dead Native American leader, the department shall reject the registration of
the label.
Section 10. That the code be amended by adding a NEW SECTION to read:
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and
procedures for obtaining a license pursuant to this Act, and procedures for collecting the excise taxes
pertaining to the licenses.
Section 11. That § 35-4-2 be amended to read:
35-4-2. Classes The classes of licenses, with the fee of each class, follow are as follows:
(1) Distillers--four thousand dollars. However, no license fee is required for manufacturers
of alcohol for use in industry as a nonbeverage. If the manufacturer of industrial alcohol
shall at any time manufacture, produce, distill, sell, barter, or dispose manufactures,
produces, distills, sells, barters, or disposes of alcohol for any use other than an industrial
use, the license fee required by this section shall be allocated to and payable for the
portion of the year the manufacturer devoted to such other use for each calendar month
or fraction thereof while so engaged, but in no case less than one-twelfth of the license
fee;
(2) Wholesalers of alcoholic beverages--five thousand dollars;
(3) Off-sale--not less than five hundred dollars in municipalities of the first class, not more
than four hundred dollars in municipalities of the second class, and not more than three
hundred dollars in municipalities of the third class. The renewal fee for such the licenses
may not exceed five hundred dollars in municipalities of the first class, four hundred
dollars in municipalities of the second class, and three hundred dollars in municipalities
of the third class;
(4) On-sale--in municipalities of various classes: municipalities of the first class, not less than
one dollar for each person residing within the municipality as measured by the last
preceding federal census, the renewal fee for such license is fifteen hundred dollars;
municipalities of the second class, no more than twelve hundred dollars; municipalities
of the third class, no more than nine hundred dollars;
(5) Off-sale licenses issued to municipalities under local option--not less than two hundred
fifty dollars;
(6) On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less
than the maximum that the municipality to which the applicant is nearest is charging for
a like license in that municipality, the renewal fee shall be the same as is charged for a
like license in the nearest municipality. However, if the nearest municipality is more than
fifteen miles from the on-sale license, the fee shall be established pursuant to § 35-4-11.10. If the municipality to which the applicant is nearest holds an on-sale license,
pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the
maximum amount that could be charged as if the municipality had not been authorized
to obtain on-sale licenses pursuant to § 35-3-13. However, if the nearest municipality is
a municipality of the first class and is authorized to hold an on-sale license pursuant to
§ 35-3-13, such the fee may not be more than one hundred fifty percent of the minimum
a municipality not so authorized may charge for a like license. The renewal fee shall be
the same as could be charged for a like license in the nearest municipality;
(7) Solicitors--twenty-five dollars;
(8) Transportation companies--twenty-five dollars;
(9) Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic
beverages on all conveyances the licensee operates within the state unless restricted by
local ordinance;
(10) Dispensers--ten dollars;
(11) On-sale dealers at publicly operated airports--two hundred fifty dollars;
(12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundred
dollars;
(13) Convention facility on-sale--not less than one dollar for each person residing within the
municipality as measured by the last preceding federal census, the renewal fee for such
the license, in municipalities of the first class, is fifteen hundred dollars; the renewal fee
for such the license, in municipalities of the second class, is no more than twelve hundred
dollars; the renewal fee for such the license, in municipalities of the third class, is no more
than nine hundred dollars;
(14) Manufacturers of malt beverages--five hundred dollars;
(15) Wholesalers of malt beverages--four hundred dollars;
(16) Malt beverage retailers, being both package dealers and on-sale dealers--three hundred
dollars;
(17) Malt beverage package dealers--two hundred dollars;
(17A) Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two
hundred twenty-five dollars;
(18) On-sale dealers in light wine containing not more than six percent alcohol by weight for
each day of the week between the hours of seven a.m. and two a.m. to nonprofit
corporations established pursuant to chapter 7-7--two hundred dollars;
(19) Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and
distilled spirits produced from product provided to an artisan distiller by the respective
farm winery to be operated in conjunction with a farm winery established pursuant to
chapter 35-12--one hundred fifty dollars;
(20) Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of
wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers--three hundred twenty-five dollars;
(21) Retail on premises manufacturer--two hundred fifty dollars;
(22) Manufacturers of cider--five hundred dollars; and
(23) Off-sale delivery--one hundred fifty dollars.
Section 12. That § 35-12-2 be repealed.
Section 13. That § 35-12-1 and §§ 35-12-3 to 35-12-12, inclusive, be repealed.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\222.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\223.wpd
CHAPTER 223
(HB 1313)
The licensing of distillers and cider manufacturers.
ENTITLED, An Act to revise certain provisions regarding the licensing of certain alcoholic beverage
manufacturers.
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 sections 1 to 12, inclusive, of this Act mean:
(1) "Artisan distiller," any manufacturer located in this state producing, rectifying, or
blending distilled spirits, as defined in § 35-1-1, in a total quantity not in excess of fifty
thousand gallons within a calendar year, where at least thirty percent of the raw materials,
other than water, used in the finished product are grown or produced in this state;
(2) "Distiller," any manufacturer located in this state producing, rectifying, or blending
distilled spirits, as defined in § 35-1-1, that is not an artisan distiller.
Section 2. That the code be amended by adding a NEW SECTION to read:
The classes of licenses, with the fee of each class, are as follows:
(1) Artisan distiller--five hundred dollars; and
(2) Distiller--two thousand five hundred dollars.
Section 3. That the code be amended by adding a NEW SECTION to read:
No agricultural producer, association of agricultural producers, or legal agent who manufactures
and converts agricultural surpluses, byproducts, or wastes, into denatured ethyl and industrial alcohol
for purposes other than human consumption is required to obtain any license issued pursuant to
sections 1 to 12, inclusive, of this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
Except as provided in sections 1 to 12, inclusive, of this Act, all provisions of title 35 apply to
the production, sale, possession, transportation, and consumption of alcoholic beverages produced
by any person licensed pursuant to sections 1 to 12, inclusive, of this Act.
Section 5. That the code be amended by adding a NEW SECTION to read:
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to
sections 1 to 12, inclusive, of this Act, an excise tax at the same rates and collected and administered
in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5.
Section 6. That the code be amended by adding a NEW SECTION to read:
Any applicant for a license as an artisan distiller shall verify, under oath, compliance with the
requirement to use agricultural products grown or produced in this state. However, if South Dakota
agricultural products are not available in sufficient quantities, the applicant may use imported
agricultural products for the period covered by the license. Any person who signs a statement as
provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty
of perjury.
Section 7. That the code be amended by adding a NEW SECTION to read:
A licensed artisan distiller may sell on the licensed premises alcoholic beverages produced by
the licensee for on-sale or off-sale consumption. A licensed artisan distiller may sell alcoholic
beverages produced by the licensee to any wholesaler or retailer authorized to receive the alcoholic
beverages. A licensed artisan distiller may sell alcoholic beverages to any licensed artisan distiller,
farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing
process.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total
production limits for the license as specified in section 1 of this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
A licensed artisan distiller may hold on the licensed premises a farm winery license, a
microbrewery license, or a microcidery license. A licensed artisan distiller may hold on the licensed
premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Section 9. That the code be amended by adding a NEW SECTION to read:
A licensed artisan distiller may operate additional locations in this state by obtaining additional
licenses of the same class pursuant to sections 1 to 12, inclusive, of this Act. The quantity of
alcoholic beverages produced under the original license and any additional licenses combined may
not exceed the total production limits for the license as specified in section 1 of this Act. Any
additional license issued pursuant to this section has the privileges of the original license as specified
in sections 7 and 8 of this Act.
Section 10. That the code be amended by adding a NEW SECTION to read:
A licensed distiller may sell on the licensed premises alcoholic beverages produced by the
licensee for on-sale or off-sale consumption. A licensed distiller may sell alcoholic beverages
produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Section 11. That the code be amended by adding a NEW SECTION to read:
The holder of any license issued under sections 1 to 12, inclusive, of this Act, shall register labels
for each type or brand produced with the department in the same manner as prescribed for alcoholic
beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading
manner a connection with an actual living or dead Native American leader, the department shall
reject the registration of the label.
Section 12. That the code be amended by adding a NEW SECTION to read:
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and
procedures for obtaining a license pursuant to sections 1 to 12, inclusive, of this Act, and procedures
for collecting the excise taxes pertaining to the licenses.
Section 13. That § 35-4-2 be amended to read:
35-4-2. Classes The classes of licenses, with the fee of each class, follow are as follows:
(1) Distillers--four thousand dollars. However, no license fee is required for manufacturers
of alcohol for use in industry as a nonbeverage. If the manufacturer of industrial alcohol
shall at any time manufacture, produce, distill, sell, barter, or dispose of alcohol for any
use other than an industrial use, the license fee required by this section shall be allocated
to and payable for the portion of the year the manufacturer devoted to such other use for
each calendar month or fraction thereof while so engaged, but in no case less than one-twelfth of the license fee;
(2) Wholesalers of alcoholic beverages--five thousand dollars;
(3) Off-sale--not less than five hundred dollars in municipalities of the first class, not more
than four hundred dollars in municipalities of the second class, and not more than three
hundred dollars in municipalities of the third class. The renewal fee for such the licenses
may not exceed five hundred dollars in municipalities of the first class, four hundred
dollars in municipalities of the second class, and three hundred dollars in municipalities
of the third class;
(4) On-sale--in municipalities of various classes: municipalities of the first class, not less than
one dollar for each person residing within the municipality as measured by the last
preceding federal census, the renewal fee for such the license is fifteen hundred dollars;
municipalities of the second class, no more than twelve hundred dollars; municipalities
of the third class, no more than nine hundred dollars;
(5) Off-sale licenses issued to municipalities under local option--not less than two hundred
fifty dollars;
(6) On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less
than the maximum that the municipality to which the applicant is nearest is charging for
a like license in that municipality, the renewal fee shall be the same as is charged for a
like license in the nearest municipality. However, if the nearest municipality is more than
fifteen miles from the on-sale license, the fee shall be established pursuant to § 35-4-11.10. If the municipality to which the applicant is nearest holds an on-sale license,
pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the
maximum amount that could be charged as if the municipality had not been authorized
to obtain on-sale licenses pursuant to § 35-3-13. However, if the nearest municipality is
a municipality of the first class and is authorized to hold an on-sale license pursuant to
§ 35-3-13, such the fee may not be more than one hundred fifty percent of the minimum
a municipality not so authorized may charge for a like license. The renewal fee shall be
the same as could be charged for a like license in the nearest municipality;
(7) Solicitors--twenty-five dollars;
(8) Transportation companies--twenty-five dollars;
(9) Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic
beverages on all conveyances the licensee operates within the state unless restricted by
local ordinance;
(10) Dispensers--ten dollars;
(11) On-sale dealers at publicly operated airports--two hundred fifty dollars;
(12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundred
dollars;
(13) Convention facility on-sale--not less than one dollar for each person residing within the
municipality as measured by the last preceding federal census, the renewal fee for such
the license, in municipalities of the first class, is fifteen hundred dollars; the renewal fee
for such the license, in municipalities of the second class, is no more than twelve hundred
dollars; the renewal fee for such the license, in municipalities of the third class, is no more
than nine hundred dollars;
(14) Manufacturers of malt beverages--five hundred dollars;
(15) Wholesalers of malt beverages--four hundred dollars;
(16) Malt beverage retailers, being both package dealers and on-sale dealers--three hundred
dollars;
(17) Malt beverage package dealers--two hundred dollars;
(17A) Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two
hundred twenty-five dollars;
(18) On-sale dealers in light wine containing not more than six percent alcohol by weight for
each day of the week between the hours of seven a.m. and two a.m. to nonprofit
corporations established pursuant to chapter 7-7--two hundred dollars;
(19) Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and
distilled spirits produced from product provided to an artisan distiller by the respective
farm winery to be operated in conjunction with a farm winery established pursuant to
chapter 35-12--one hundred fifty dollars;
(20) Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of
wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers--three hundred twenty-five dollars;
(21) Retail on premises manufacturer--two hundred fifty dollars; and
(22) Manufacturers of cider--five hundred dollars; and
(23) Off-sale delivery--one hundred fifty dollars.
Section 14. That § 35-13-2 be repealed.
Section 15. That § 35-13-1 and §§ 35-13-3 to 35-13-12, inclusive, be repealed.
Section 16. That the code be amended by adding a NEW SECTION to read:
Terms used in sections 16 to 25, inclusive, of this Act mean:
(1) "Cider manufacturer," any manufacturer located in this state producing cider, as defined
in § 35-1-1, that is not a microcidery;
(2) "Microcidery," any manufacturer located in this state producing cider, as defined in
§ 35-1-1, in a total quantity not in excess of twelve thousand barrels within a calendar
year.
Section 17. That the code be amended by adding a NEW SECTION to read:
The classes of licenses, with the fee of each class, are as follows:
(1) Cider manufacturer--two thousand five hundred dollars; and
(2) Microcidery--five hundred dollars.
Section 18. That the code be amended by adding a NEW SECTION to read:
Except as provided in sections 16 to 25, inclusive, of this Act, all provisions of title 35 apply to
the production, sale, possession, transportation, and consumption of alcoholic beverages produced
by any person licensed pursuant to sections 16 to 25, inclusive, of this Act.
Section 19. That the code be amended by adding a NEW SECTION to read:
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to
sections 16 to 25, inclusive, of this Act, an excise tax at the same rates and collected and
administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5.
Section 20. That the code be amended by adding a NEW SECTION to read:
A licensed microcidery may sell on the licensed premises alcoholic beverages produced by the
licensee for on-sale or off-sale consumption. A licensed microcidery may sell alcoholic beverages
produced by the licensee to any wholesaler authorized to receive the alcoholic beverages. A licensed
microcidery may sell alcoholic beverages to any licensed artisan distiller, farm winery,
microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process. A
licensed microcidery may sell up to six hundred barrels of alcoholic beverages produced by the
licensee within a calendar year to retailers authorized to receive the alcoholic beverages.
The barrel limit in this section does not apply to any sales made to special event retailers licensed
pursuant to § 35-4-124 and served by employees of the microcidery or to any transfer of alcoholic
beverages between a licensed microcidery and any additional locations authorized pursuant to section
22 of this Act.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total
production limits for the license as specified in section 16 of this Act.
Section 21. That the code be amended by adding a NEW SECTION to read:
A licensed microcidery may hold on the licensed premises an artisan distiller license, a farm
winery license, or a microbrewery license. A licensed microcidery may hold on the licensed premises
any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Section 22. That the code be amended by adding a NEW SECTION to read:
A licensed microcidery may operate up to five additional locations in this state by obtaining
additional licenses of the same class pursuant to sections 16 to 25, inclusive, of this Act. The
quantity of alcoholic beverages produced under the original license and any additional licenses
combined may not exceed the total production limits for the license as specified in section 16 of this
Act. Any additional license issued pursuant to this section has the privileges of the original license
as specified in sections 20 and 21 of this Act.
Section 23. That the code be amended by adding a NEW SECTION to read:
A licensed cider manufacturer may sell on the licensed premises alcoholic beverages produced
by the licensee for on-sale or off-sale consumption. A licensed cider manufacturer may sell alcoholic
beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Section 24. That the code be amended by adding a NEW SECTION to read:
The holder of any license issued under sections 16 to 25, inclusive, of this Act, shall register
labels for each type or brand produced with the department in the same manner as prescribed for
alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or
misleading manner a connection with an actual living or dead Native American leader, the
department shall reject the registration of the label.
Section 25. That the code be amended by adding a NEW SECTION to read:
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and
procedures for obtaining a license pursuant to sections 16 to 25, inclusive, of this Act, and
procedures for collecting the excise taxes pertaining to the licenses.
Section 26. That § 35-4-126 be repealed.
Section 27. That subdivision (9) of § 35-1-1 be amended to read:
(9) "Manufacturer," any person who owns, has a controlling interest in, operates, or aids in
operating any establishment for the brewing, production, bottling, or blending of malt
beverages or wine any alcoholic beverage, whether occurring within or without this state;
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\223.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\224.wpd
CHAPTER 224
(SB 173)
Microbreweries and malt beverage manufacturers, regulated.
ENTITLED, An Act to establish certain provisions regarding microbreweries and malt beverage
manufacturers.
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) "Malt beverage manufacturer," any manufacturer located in this state producing malt
beverages, as defined in § 35-1-1, that is not a microbrewery;
(2) "Microbrewery," any manufacturer located in this state producing malt beverages, as
defined in § 35-1-1, a total quantity not in excess of thirty thousand barrels within a
calendar year.
Section 2. That the code be amended by adding a NEW SECTION to read:
The classes of licenses, with the fee of each class, are as follows:
(1) Malt beverage manufacturer--two thousand five hundred dollars; and
(2) Microbrewery--five hundred dollars.
Section 3. That the code be amended by adding a NEW SECTION to read:
Except as provided in this Act, all provisions of title 35 apply to the production, sale, possession,
transportation, and consumption of alcoholic beverages produced by any person licensed pursuant
to this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to
this Act an excise tax at the same rates and collected and administered in the same manner as the
taxes imposed on alcoholic beverages in chapter 35-5.
Section 5. That the code be amended by adding a NEW SECTION to read:
A licensed microbrewery may sell on the licensed premises alcoholic beverages produced by the
licensee for on-sale or off-sale consumption. A licensed microbrewery may sell alcoholic beverages
produced by the licensee to any wholesaler authorized to receive the alcoholic beverages. A licensed
microbrewery may sell alcoholic beverages to any licensed artisan distiller, farm winery,
microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process. A
licensed microbrewery may sell up to one thousand five hundred barrels of alcoholic beverages
produced by the licensee within a calendar year to retailers authorized to receive the alcoholic
beverages.
The barrel limit in this section does not apply to any sales made to special event retailers licensed
pursuant to § 35-4-124 and served by employees of the microbrewery or to any transfer of alcoholic
beverages between a licensed microbrewery and any additional locations authorized pursuant to
section 7 of this Act.
The quantity of alcoholic beverages sold pursuant to this section may not exceed the total
production limits for the license as specified in section 1 of this Act.
Section 6. That the code be amended by adding a NEW SECTION to read:
A licensed microbrewery may hold on the licensed premises an artisan distiller license, a farm
winery license, or a microcidery license. A licensed microbrewery may hold on the licensed premises
any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).
Section 7. That the code be amended by adding a NEW SECTION to read:
A licensed microbrewery may operate up to five additional locations in this state by obtaining
additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages
produced under the original license and any additional licenses combined may not exceed the total
production limits for the license as specified in section 1 of this Act. Any additional license issued
pursuant to this section has the privileges of the original license as specified in sections 5 and 6 of
this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
A licensed malt beverage manufacturer may sell on the licensed premises alcoholic beverages
produced by the licensee for on-sale or off-sale consumption. A licensed malt beverage manufacturer
may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the
alcoholic beverages.
Section 9. That the code be amended by adding a NEW SECTION to read:
The holder of any license issued under this Act shall register labels for each type or brand
produced with the department in the same manner as prescribed for alcoholic beverages in chapter
39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection
with an actual living or dead Native American leader, the department shall reject the registration of
the label.
Section 10. That the code be amended by adding a NEW SECTION to read:
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and
procedures for obtaining a license pursuant to this Act, and procedures for collecting the excise taxes
pertaining to the licenses.
Section 11. That § 35-4-2 be amended to read:
35-4-2. Classes The classes of licenses, with the fee of each class, follow are as follows:
(1) Distillers--four thousand dollars. However, no license fee is required for manufacturers
of alcohol for use in industry as a nonbeverage. If the manufacturer of industrial alcohol
shall at any time manufacture, produce, distill, sell, barter, or dispose of alcohol for any
use other than an industrial use, the license fee required by this section shall be allocated
to and payable for the portion of the year the manufacturer devoted to such other use for
each calendar month or fraction thereof while so engaged, but in no case less than one-twelfth of the license fee;
(2) Wholesalers of alcoholic beverages--five thousand dollars;
(3) Off-sale--not less than five hundred dollars in municipalities of the first class, not more
than four hundred dollars in municipalities of the second class, and not more than three
hundred dollars in municipalities of the third class. The renewal fee for such the licenses
may not exceed five hundred dollars in municipalities of the first class, four hundred
dollars in municipalities of the second class, and three hundred dollars in municipalities
of the third class;
(4) On-sale--in municipalities of various classes: municipalities of the first class, not less than
one dollar for each person residing within the municipality as measured by the last
preceding federal census, the renewal fee for such the license is fifteen hundred dollars;
municipalities of the second class, no more than twelve hundred dollars; municipalities
of the third class, no more than nine hundred dollars;
(5) Off-sale licenses issued to municipalities under local option--not less than two hundred
fifty dollars;
(6) On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less
than the maximum that the municipality to which the applicant is nearest is charging for
a like license in that municipality, the renewal fee shall be the same as is charged for a
like license in the nearest municipality. However, if the nearest municipality is more than
fifteen miles from the on-sale license, the fee shall be established pursuant to § 35-4-11.10. If the municipality to which the applicant is nearest holds an on-sale license,
pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the
maximum amount that could be charged as if the municipality had not been authorized
to obtain on-sale licenses pursuant to § 35-3-13. However, if the nearest municipality is
a municipality of the first class and is authorized to hold an on-sale license pursuant to
§ 35-3-13,
such the fee may not be more than one hundred fifty percent of the minimum
a municipality not so authorized may charge for a like license. The renewal fee shall be
the same as could be charged for a like license in the nearest municipality;
(7) Solicitors--twenty-five dollars;
(8) Transportation companies--twenty-five dollars;
(9) Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic
beverages on all conveyances the licensee operates within the state unless restricted by
local ordinance;
(10) Dispensers--ten dollars;
(11) On-sale dealers at publicly operated airports--two hundred fifty dollars;
(12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundred
dollars;
(13) Convention facility on-sale--not less than one dollar for each person residing within the
municipality as measured by the last preceding federal census, the renewal fee for such
license, in municipalities of the first class, is fifteen hundred dollars; the renewal fee for
such license, in municipalities of the second class, is no more than twelve hundred
dollars; the renewal fee for such license, in municipalities of the third class, is no more
than nine hundred dollars;
(14) Manufacturers of malt beverages--five hundred dollars;
(15) Wholesalers of malt beverages--four hundred dollars;
(16) Malt beverage retailers, being both package dealers and on-sale dealers--three hundred
dollars;
(17) Malt beverage package dealers--two hundred dollars;
(17A) Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two
hundred twenty-five dollars;
(18) On-sale dealers in light wine containing not more than six percent alcohol by weight for
each day of the week between the hours of seven a.m. and two a.m. to nonprofit
corporations established pursuant to chapter 7-7--two hundred dollars;
(19) Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and
distilled spirits produced from product provided to an artisan distiller by the respective
farm winery to be operated in conjunction with a farm winery established pursuant to
chapter 35-12--one hundred fifty dollars;
(20) Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of
wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers--three hundred twenty-five dollars;
(21) Retail on premises manufacturer--two hundred fifty dollars;
(22) Manufacturers of cider--five hundred dollars; and
(23) Off-sale delivery--one hundred fifty dollars.
Section 12. That § 35-5-3.2 be repealed.
Section 13. That § 35-5-3.3 be repealed.
Section 14. That § 35-4-49 be repealed.
Section 15. That § 35-4-60.1 be amended to read:
35-4-60.1. No licensed wholesaler may purchase or accept delivery into this state of any brand
of alcoholic beverages, unless those alcoholic beverages are purchased from the brand owner or the
brand owner's authorized agent, or from another licensed wholesaler who is licensed under this
chapter and operating solely within this state. Such alcoholic Alcoholic beverages imported into this
state shall come to rest at the warehouse for the account of such the licensed wholesaler before sale
and delivery to a retail licensee. Alcoholic beverages obtained from any licensed manufacturer
located in this state do not need to come to rest at the warehouse of the licensed wholesaler before
sale and delivery to a retail licensee if the wholesaler takes physical possession of the alcoholic
beverages.
Signed March 22, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\225.wpd
CHAPTER 225
(SB 187)
Wine manufacturer licenses.
ENTITLED, An Act to establish certain provisions regarding the licensing of wine manufacturers.
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:
For the purposes of this Act the term, wine manufacturer, means any manufacturer located in this
state producing, blending, filtering, clarifying, aging and bottling wine, as defined in § 35-1-1, that
is not a farm winery.
Section 2. That the code be amended by adding a NEW SECTION to read:
The fee for a wine manufacturer license is two thousand five hundred dollars.
Section 3. That the code be amended by adding a NEW SECTION to read:
Except as provided in this Act, all provisions of title 35 apply to the production, sale, possession,
transportation, and consumption of alcoholic beverages produced by any person licensed pursuant
to this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to
this Act an excise tax at the same rates and collected and administered in the same manner as the
taxes imposed on alcoholic beverages in chapter 35-5. Notwithstanding any other provision of law,
the taxes imposed on a wine manufacturer shall be deposited in the general fund.
Section 5. That the code be amended by adding a NEW SECTION to read:
A licensed wine manufacturer may sell on the licensed premises alcoholic beverages produced
by the licensee for on-sale or off-sale consumption. A licensed wine manufacturer may sell alcoholic
beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.
Section 6. That the code be amended by adding a NEW SECTION to read:
The holder of any license issued under this Act shall register labels for each type or brand
produced with the department in the same manner as prescribed for alcoholic beverages in chapter
39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection
with an actual living or dead Native American leader, the department shall reject the registration of
the label.
Section 7. That the code be amended by adding a NEW SECTION to read:
The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and
procedures for obtaining a license pursuant to this Act, and procedures for collecting the excise taxes
pertaining to the licenses.
Section 8. That the code be amended by adding a NEW SECTION to read:
The quantity of bulk wine in any wine manufacturer's annual production shall not exceed fifty
percent of that winery's annual production. The bulk wine must be blended and not bottled. Bulk
wine as used in this section means fermented juice from grapes and other fruit bases or honey.
Section 9. Any license issued pursuant to this Act is effective from July 1, 2018, until July 1,
2019, and may not be renewed.
Signed March 22, 2018
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PROFESSIONS AND OCCUPATIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\226.wpd
CHAPTER 226
(HB 1019)
Background checks for physicians.
ENTITLED, An Act to revise certain provisions regarding background checks for physicians and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-11.1 be amended to read:
36-4-11.1. Each applicant for licensure or expedited licensure as a physician in this state shall
submit to a state and federal criminal background investigation by means of fingerprint checks by
the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application,
the Board of Medical and Osteopathic Examiners shall submit completed fingerprint cards to the
Division of Criminal Investigation. Upon completion of the criminal background check, the Division
of Criminal Investigation shall forward to the board all information obtained as a result of the
criminal background check. This information shall be obtained prior to permanent licensure of the
applicant. The Board of Medical and Osteopathic Examiners may require a state and federal criminal
background check for any licensee who is the subject of a disciplinary investigation by the board.
Failure to submit or cooperate with the criminal background investigation is grounds for denial of
an application or may result in revocation of a license. The applicant shall pay for any fees charged
for the cost of fingerprinting or the criminal background investigation.
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 February 5, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\227.wpd
CHAPTER 227
(SB 71)
License renewal for the practice of medicine.
ENTITLED, An Act to revise certain provisions related to a license renewal for the practice of
medicine, osteopathy, surgery, or obstetrics.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-4-19 be amended to read:
36-4-19. The Board of Medical and Osteopathic Examiners may, without examination, issue a
license to any applicant holding a currently valid license or certificate issued to the applicant by the
examining board of the District of Columbia, any state or territory of the United States, the National
Board of Medical Examiners, the National Board of Osteopathic Physicians and Surgeons, or any
province of Canada, if the legal requirements of the examining board at the time it issued the license
or certificate were not less than those of this state at the time the license is presented for registration.
However, the board may require the applicant to successfully pass either an oral or written
examination and personally appear before the board, a member of the board, or its staff.
Each applicant applying under the provisions of this chapter shall pay to the secretary of the
board a license fee not to exceed
two four hundred dollars to be set by the board by rule promulgated
pursuant to chapter 1-26.
Section 2. That § 36-4-24.1 be amended to read:
36-4-24.1. Each person receiving a license under the provisions of this chapter shall apply, on
a form approved by the Board of Medical and Osteopathic Examiners, for a renewal of the license.
The renewal shall be issued by the secretary upon payment of an annual a biennial fee set by the
board, by rule promulgated pursuant to chapter 1-26, not exceeding the sum of two four hundred
dollars. The renewal shall be in the form of a receipt acknowledging payment of the required fee and
signed by the secretary of the board.
Section 3. That § 36-4-24.2 be amended to read:
36-4-24.2. Failure of a person to renew his license on or before March first of each year in the
odd numbered years shall constitute a forfeiture of the license held by such person. However, such
license may be renewed at the discretion of the Board of Medical and Osteopathic Examiners upon
the payment of the fee provided in § 36-4-19 for the issuance of licenses by reciprocity and upon
making the application provided in § 36-4-19.1 required for reciprocity.
Section 4. That ARSD 20:47:06:01 be amended to read:
20:47:06:01...Fee amounts. The fees for physicians and surgeons are as follows:
(1) Application for the initial license, $200 $400;
(2) Annual Biennial renewal of the license, $200 $400;
(3) Reinstatement of a forfeited license, $200 $400;
(4) Issuance of a locum tenens certificate, $50;
(5) Temporary permit for supervised practice in state institutions, $50;
(6) Renewal of the temporary permit, $15;
(7) Issuance of a resident certificate, $50.
Section 5. That chapter 36-4 be amended by adding a NEW SECTION to read:
Any person licensed under chapter 36-4 shall report to the board, within thirty days of the date
of the action, any of the acts included in § 36-4-30 and any of the following:
(1) Change of contact information, including any change in home address, business address,
home phone number, work phone number, e-mail address, and any other information that
is used for communicating with the board;
(2) Hospital disciplinary actions;
(3) Actions affecting privileges to practice; and
(4) Judgments or settlements related to malpractice.
Failure to report may constitute a basis for disciplinary action against the licensee who failed to
report.
Signed February 14, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\228.wpd
CHAPTER 228
(HB 1021)
The practice of podiatry revised
and certain fee increases authorized.
ENTITLED, An Act to revise certain provisions related to the practice of podiatry and to authorize
certain fee increases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-8-3 be amended to read:
36-8-3. The Board of Podiatry Examiners shall elect, from among their number, its members a
president and a secretary-treasurer.
The board shall, pursuant to chapter 1-26, promulgate the rules consistent with the laws of this
state as may be necessary for the licensure, examination,
reciprocal licensure, revocation, and
suspension of a license.
The board shall have an official seal.
Section 2. That § 36-8-6 be amended to read:
36-8-6. It is a Class 2 misdemeanor for any person to profess or advertise himself to be a
podiatrist, or to practice or assume the duties incident to podiatry, advertise or practice podiatric
medicine without first obtaining from the Board of Podiatry Examiners a license and an annual
certificate of registration license renewal.
Section 3. That § 36-8-8 be amended to read:
36-8-8. All applicants for license must have attained the age of eighteen years and be of good
moral character, a graduate of some recognized school of podiatry which for the purpose herein shall
mean a school of podiatry requiring for graduation, the graduation from an accredited high school,
credits granted for at least two full years of general college study in a college or university of
recognized standing, and four full years of study in such school of podiatry. The board may issue a
license to a qualified person who is not licensed as a podiatrist in this state and who is not exempted
under the provisions of § 36-8-12, if the applicant:
(1) Is at least eighteen years of age and of good moral character;
(2) Possesses a doctor of podiatric medicine degree from a recognized school of podiatry
approved by the board and has obtained the degree of doctor of podiatric medicine;
(3) Successfully completed a one-year residency or preceptorship approved by the Council
of Podiatric Medical Education of the American Podiatric Medical Association. This
subdivision applies only to an applicant who graduated from a podiatric college after
July 1, 1995;
(4) Has passed the National Board of Podiatric Medical Examiners' national standardized
examination parts I, II, and III; and
(5) Submits an application on a form prescribed by the board and pays the application fee.
Part III of the examination required under subdivision (4) may be waived if the applicant
graduated from a school of podiatric medicine before January 1, 2001, and the applicant is currently
licensed as a podiatric physician in another state and has been in active licensed practice for at least
five continuous years. Any examination fee required by the National Board of Podiatric Medical
Examiners shall be paid directly to the testing service.
Section 4. That § 36-8-9 be amended to read:
36-8-9. Any person not already a registered podiatrist in this state and who is not exempted under
the provisions of § 36-8-12, desiring to practice podiatry in this state, shall apply to the
secretary-treasurer of the The Board of Podiatry Examiners for an examination and pay a shall
promulgate rules, pursuant to chapter 1-26, to establish an application fee not to exceed five hundred
dollars to obtain a license for the practice of podiatry in this state. The examination and fee shall be
set by rule by the board pursuant to chapter 1-26.
Section 5. That § 36-8-10 be repealed.
Section 6. That § 36-8-11 be repealed.
Section 7. That § 36-8-12 be amended to read:
36-8-12. Upon the payment of a fee not to exceed two hundred fifty dollars, to be set by rule by
the The Board of Podiatry Examiners shall promulgate rules, pursuant to chapter 1-26, a license may
be issued to establish an application fee not to exceed five hundred dollars to license podiatrists from
other states. The board may issue a license to podiatrists of other states maintaining requirements
for the practice of podiatry equal to the standard provided for by this chapter and extending the same
reciprocal privileges in this state.
Section 8. That § 36-8-15 be amended to read:
36-8-15. The fee for annual license renewal of a certificate of a podiatrist may not exceed one
five hundred fifty dollars, as set promulgated by rule, pursuant to chapter 1-26, by the Board of
Podiatry Examiners pursuant to chapter 1-26. All renewal certificates. Each license renewal shall
remain in full force and effect for one year, unless a different time is fixed by rule promulgated,
pursuant to chapter 1-26, by the Board of Podiatry Examiners.
Section 9. That § 36-8-17 be amended to read:
36-8-17. Unprofessional or dishonorable conduct as used in this chapter shall be construed to
include:
(1) To offer, give, or promise, either directly or indirectly, any gift in return for the
procurement of a patient or patients for podiatric treatment;
(2) To request, list, accept, or receive any rebates or commission for prescribing or
recommending any footwear, drug, medicine, or any other article, to his patients;
(3) To prescribe, dispense, or pretend to use, in treating any patient, any secret remedial
agent, or manifest or promote its use in any way, or guarantee or imply to guarantee any
treatment, therapy or remedy whatsoever;
(4)(3) To practice podiatry under a trade name, under the name of another podiatrist, or use any
title other than that of podiatrist, provided however. However, the term, "foot specialist",
may be used as an explanatory terms term of the title podiatrist;
(5) To conduct the practice of podiatry in connection with any of the following: beauty parlor,
barbershop, Turkish bath, shoe store, department store, massage parlor, or any other such
commercial establishment;
(6)(4) To employ a solicitor or solicitors to obtain business; or
(7) To willfully betray professional secrets;
(8)(5) To willfully violate the rules and regulations made and promulgated by the Board of
Podiatry Examiners.
Unprofessional or dishonorable conduct, as defined in this section,
shall may not be the basis for
criminal prosecution unless otherwise declared unlawful.
Section 10. That § 36-8-20 be amended to read:
36-8-20. Any podiatrist whose license has been suspended or revoked may be reinstated or have
a new license issued, as the case may be, if, in if warranted at the discretion of the Board of Podiatry
Examiners, such action is warranted. However, the. The podiatrist shall pay all costs of the
proceedings resulting in the suspension or revocation of license and reinstatement or new license and
in addition thereto a fee, set by the board, by rule promulgated pursuant to chapter 1-26, not to
exceed twenty-five dollars application fee.
Section 11. That § 36-8-23 be amended to read:
36-8-23. On or before July 1, 1993, and every Every two years thereafter, each person licensed
to practice podiatry in this state shall provide the State Board of Podiatry Examiners evidence, of a
nature suitable to the board, that he that the person has attended or participated in such continuing
education in podiatry and related subjects as shall be required by the board by rules adopted pursuant
to chapter 1-26 rule. The board by such shall promulgate rules shall, pursuant to chapter 1-26, to
establish the number of minimum hours of biennial continuing education to be required as a
prerequisite to license renewal and requirements, guidelines, and procedures as may be necessary
and desirable to implement and fulfill reasonable continuing education requirements to ensure
competence in the practice of podiatry by licensees in this state each licensee. The board may reduce,
on a pro rata basis, the number of hours of continuing education required by a licensee licensed to
practice for less than two years prior to a biennial continuing education deadline.
Section 12. That § 36-8-24 be repealed.
Section 13. That ARSD 20:55:03:04 be amended to read:
20:55:03:04...License fee. The fee for a license
for reciprocity granted under this chapter is
$250
$500 for an applicant holding a valid license in another state, as permitted in SDCL 36-8-12.
Section 14. That ARSD 20:55:04:01 be amended to read:
20:55:04:01...Certificate of registration _ Fee _ Annual renewal. Each person licensed to practice
podiatry within this state shall secure a certificate of registration from the board and shall renew the
certificate annually by July 1. The renewal fee is
$150 $350. Failure to secure a renewal certificate
shall result in a suspension of license. If a licensee fails to timely renew
their the license prior to
renewal being granted, the applicant
must shall show satisfactory evidence of 30 hours of continuing
medical education as provided in §.20:55:01:08.
Signed February 5, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\229.wpd
CHAPTER 229
(HB 1020)
Medical assistants, requirements revised.
ENTITLED, An Act to revise certain provisions and regulations regarding medical assistants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-9B-4 be amended to read:
36-9B-4. A medical assistant seeking registration under this chapter shall complete an application
prescribed by the Board of Medical and Osteopathic Examiners and the Board of Nursing. The
application shall be submitted to the Board of Medical and Osteopathic Examiners. A registration
fee, not to exceed ten dollars, shall accompany the application and shall be paid to the Board of
Medical and Osteopathic Examiners. The fee shall be set by the board by rule promulgated pursuant
to chapter 1-26.
The registration shall be renewed biennially by payment of a fee, not to exceed five dollars. The
fee shall be set by the board by rule promulgated pursuant to chapter 1-26. A registration not
renewed by December thirty-first of the year of expiration lapses.
Section 2. That § 36-9B-5 be amended to read:
36-9B-5. The Board of Medical and Osteopathic Examiners shall register a medical assistant
following the submission of an application by an applicant for registration who has graduated from
an accredited school or a school which meets standards similar to an accredited school and has met
other qualifications established by the Board of Medical and Osteopathic Examiners and the Board
of Nursing.
An applicant for registration is exempt from the requirements of this section if the application
is received by the Board of Medical and Osteopathic Examiners by January 1, 1992.
Section 3. That § 36-9B-6 be amended to read:
36-9B-6. The Board of Medical and Osteopathic Examiners may register an applicant from
outside the state whose education and training are substantially the same as that received from an
approved school in this state and who meets the other qualifications established by the Board of
Medical and Osteopathic Examiners and the Board of Nursing.
Section 4. That § 36-9B-7 be amended to read:
36-9B-7. The Board of Medical and Osteopathic Examiners and the Board of Nursing may adopt
rules for medical assistants in the following areas:
(1) Contents of applications;
(2) Qualifications of applicants;
(3) Approval of schools other than those which are accredited; and
(4) Renewal of registration; and
(5) Registration.
Section 5. That § 36-9B-8 be amended to read:
36-9B-8. The registration of a medical assistant may be revoked or suspended upon violation of
any section of this chapter the provisions of § 36-4-30. The proceedings for suspension or revocation
of a registration may be initiated by a joint committee comprised of two members of the Board of
Medical and Osteopathic Examiners and two members of the Board of Nursing. All proceedings
concerning the revocation or suspension of a registration shall conform to contested case procedure
set forth provided in chapter 1-26.
Section 6. That ARSD 20:84:01:01 be amended to read:
20:84:01:01...Definitions. Terms defined in SDCL chapter 36-9B have the same meaning when
used in this article. In addition, terms used in this article mean:
(1)..
"Boards," the South Dakota Board of Nursing and "Board," the South Dakota Board of
Medical and Osteopathic Examiners;
(2).."Direct supervision," the physician, physician assistant, certified nurse practitioner. Or, or
certified nurse midwife are physically present or available by means of electronic communication.
Section 7. That ARSD 20:84:02:01 be amended to read:
20:84:02:01...Contents of application. An applicant for medical assistant registration shall apply
for registration on a form approved by the
boards board.
Section 8. That ARSD 20:84:02:02 be amended to read:
20:84:02:02...Medical assistant supervision. A registered medical assistant shall submit with the
application a supervision registration form. The supervision registration form shall be submitted on
a form approved by the
boards board.
Section 9. That ARSD 20:84:03:01 be amended to read:
20:84:03:01...Qualifications of applicants. An applicant for registration shall provide:
(1)..Proof of graduation from a medical assistant program approved by the boards board;
(2)..Proof of good moral character;
(3)..Proof the applicant has graduated from high school or passed a standard equivalency test;
(4)..Documentation showing the applicant is at least 18 years of age; and
(5)..Proof of having passed a national certifying exam approved by the boards board.
Section 10. That ARSD 20:84:04:01 be amended to read:
20:84:04:01...Approved education programs. An applicant for registration shall have graduated
from a medical assistant program that is approved by the
boards board or accredited by the
Commission on Accreditation of Allied Health Education Programs (CAAHEP), or a similar
accrediting institution approved by the United States Department of Education. Approved programs
must provide classroom, laboratory, and clinical learning experiences that provide for student
attainment of entry level competence as a registered medical assistant.
Section 11. That ARSD 20:84:05:01 be amended to read:
20:84:05:01...Medical assistant registration renewal. A registered medical assistant shall renew
the registration biennially on an application form approved by the
boards board. The application shall
be accompanied by the registration renewal fee. If a registered medical assistant does not submit a
registration renewal form by December 31 of the year of the registration's expiration, the registration
is lapsed.
Section 12. That ARSD 20:84:05:02 be amended to read:
20:84:05:02...Reinstatement of lapsed registration. Any person whose registration has lapsed may
have it reinstated by making written application on a form approved by the
boards board and paying
the biennial renewal fee.
Signed February 5, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\230.wpd
CHAPTER 230
(HB 1079)
Physical therapists may perform dry needling treatment.
ENTITLED, An Act to authorize certain physical therapists to perform dry needling as a treatment
technique.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 36-10 be amended by adding a NEW SECTION to read:
A physical therapist may perform dry needling if the physical therapist has acquired the
knowledge and skills required for the competent performance of dry needling by successfully
completing a course of study in dry needling approved by the board pursuant to rules promulgated
pursuant to chapter 1-26. The board may require a physical therapist who performs dry needling to
provide proof of completion of an approved course of study in dry needling. For purposes of this
chapter, dry needling is a skilled technique performed by a physical therapist using filiform needles
to penetrate the skin and underlying tissues to affect change in body structures and physical function
capability for the evaluation and management of neuromusculoskeletal conditions, pain, movement
impairments, and disability.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\231.wpd
CHAPTER 231
(SB 75)
The dispensing of biological products, regulated.
ENTITLED, An Act to establish certain provisions regarding the dispensing of biological products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-11-2 be amended to read:
36-11-2. Terms used in this chapter mean:
(1) "Association," the South Dakota Pharmacists Association;
(2) "Biological product," as defined in 42 U.S.C. 262(i), as of January 1, 2018;
(3) "Board" or "board of pharmacy," the State Board of Pharmacy in South Dakota;
(3)(4) "Brand name," the proprietary or registered trademark name given to a drug product by
its manufacturer, labeler or distributor and placed on the drug or on its container, label or
wrapping at the time of packaging;
(4)(5) "Chemicals," the chemical materials or medicine;
(5)(6) "Compounding," the preparation, mixing, assembling, packaging or labeling of a drug or
drug device as the result of a practitioner's prescription drug order or an initiative based
on the pharmacist/patient/practitioner relationship in the course of professional practice
or for the purpose of or as an incident to research, teaching or chemical analysis and not
for sale or dispensing. Compounding The term also includes the preparation of drug or
drug devices in anticipation of prescription drug orders based on routine, regularly
observed prescribing patterns;
(6)(7) "Delivery," the actual, constructive or attempted transfer of a drug or drug device from
one person to another, whether or not for a consideration;
(7)(8) "Dispense" or "Dispensing," the preparation and delivery of a drug to a patient or a
patient's agent pursuant to a prescription drug order in a suitable container with
appropriate labeling for subsequent administration to or use by a patient. Dispensing The
term includes preparation of labels for drug devices if the labeling is related to the dosage
and administration of drugs;
(8)(9) "Distributing," the delivery of a drug or drug device other than by administration or
dispensing;
(9)(10) "Drug administration," the direct application of a drug or drug device by injection,
inhalation, ingestion or any other means to the body of a patient or research
subject;
(10)(11) "Drug device," equipment, process, biotechnological entity, diagnostic agent or
other product used in combination with a drug to provide effective management of
medication regimens;
(11)(12) "Drug utilization review program," any program operated solely or partially as a
professional standards review organization whose purpose is to educate
pharmacists and practitioners on severe adverse reactions to drugs, therapeutic
appropriateness, overutilization and underutilization, appropriate use of generic
products, therapeutic duplication, drug-disease contraindications, drug-drug
interactions, incorrect drug dosage or duration of drug treatment, drug-allergy
interactions and clinical abuse or misuse, as well as to identify and reduce the
frequency of patterns of potential and actual fraud, abuse, gross overuse,
inappropriate care or medically unnecessary care associated with specific drugs or
groups of drugs among practitioners, pharmacists and patients;
(12)(13) "Equivalent drug product," a drug product, other than a biological product, that is
considered to be therapeutically equivalent to other pharmaceutically equivalent
products as determined by the latest edition of Approved Drug Products with
Therapeutic Equivalence Evaluations, as adopted by the South Dakota Board of
Pharmacy board pursuant to chapter 1-26;
(14) "Interchangeable biological product," a biological product that the U.S. Food and Drug
Administration either has licensed and determined meets the standards for
interchangeability pursuant to 42 U.S.C. 262(k)(4), as of January 1, 2018, or has
determined is therapeutically equivalent as set forth in the latest edition of, or any
supplement to, the Food and Drug Administration's Approved Drug Products with
Therapeutic Equivalence Evaluations publication as adopted by the board pursuant to
chapter 1-26;
(13)(15) "Labeling," the process of preparing and affixing a label to any drug or drug device
container exclusive of the labeling by the manufacturer, packer or distributor of a
nonprescription drug or commercially packaged legend drug or drug device;
(14)(16) "Medical device," an instrument, apparatus, implement, machine, contrivance,
implant, in vitro reagent or other similar or related article, including any
component, part or accessory, which that is intended for use in the diagnosis of
disease or other conditions or in the cure, mitigation, treatment or prevention of
disease in man or other animals or is intended to affect the structure or any function
of the body of man or other animals, which that does not achieve any of its
principal intended purposes through chemical action within or on the body of man
or other animals and which that is not dependent upon being metabolized for
achievement of any of its principal intended purposes;
(15)(17) "Medicines," drugs or chemicals or their preparations in suitable form for the
prevention, relief or cure of diseases when used either internally or externally by
man or for animals;
(15A)(18) "Nonprescription drugs," drugs which that are labeled for use by the general public
in accordance with § 502 of the Federal Food, Drug and Cosmetic Act as amended
through January 1, 1997, and may be sold without a prescription drug order in
accordance with § 503 of the Federal Food, Drug and Cosmetic Act as amended
through January 1, 1997. The term does not include drugs which are required by
federal law to bear the statement, "Caution: federal law prohibits dispensing
without prescription," drugs intended for human use by hypodermic injection, or
animal remedies regulated by chapter 39-18;
(16)(19) "Patient counseling," oral communication by the pharmacist of information to the
patient or caregiver, as defined in rules promulgated pursuant to chapter 1-26, to
improve therapy by ensuring proper use of drugs and drug devices;
(17)(20) "Pharmaceutical care," provision of drug therapy and other pharmaceutical patient
care services intended to achieve outcomes related to cure or prevention of a
disease, elimination or reduction of a patient's symptoms or arresting or slowing
of a disease process;
(18)(21) "Pharmacist," an individual a person licensed by the State Board of Pharmacy
board to engage in the practice of pharmacy;
(19)(22) "Pharmacy," any place within or outside this state licensed by the State Board of
Pharmacy board where drugs are dispensed and pharmaceutical care is provided to
residents of this state;
(20)(23) "Practitioner," an individual a person licensed, registered or otherwise authorized
by the jurisdiction in which he the person is practicing to prescribe drugs in the
course of professional practice;
(21)(24) "Prescription drug order," a written or oral order of a practitioner for a drug or drug
device for a specific patient;
(25) "Proper name," the nonproprietary name for a biological product designated by the U.S.
Food and Drug Administration license for use upon each package of the product;
(22)(26) "Registered pharmacy technician," a person registered by the board who is
employed by a pharmacy to assist licensed pharmacists in the practice of pharmacy
by performing specific tasks delegated by and under the immediate personal
supervision and control of a licensed pharmacist, as permitted by the board;
(23)(27) "Retail place of business," any place where merchandise is sold at retail and from
which original packages of nonprescription drugs are sold or taken to be sold at
retail;
(24)(28) "Reverse distributor," any person or business registered with the Drug Enforcement
Administration that accepts drug products from vendors and returns the drug
products to manufacturers for credit or destruction.
Section 2. That § 36-11-11 be amended to read:
36-11-11. The Board of Pharmacy may promulgate rules pursuant to chapter 1-26 as follows:
(1) Pertaining to the practice of pharmacy;
(2) Relating to the sanitation of persons and establishments licensed under the provisions of
this chapter;
(3) Pertaining to establishments licensed under the provisions of this chapter wherein any
drug is compounded, prepared, dispensed or sold;
(4) Providing for minimum equipment and standards of establishments licensed under the
provisions of this chapter;
(5) Pertaining to the sale of drugs by or through any mechanical device;
(6) In cooperation with other governmental agencies where there exists a joint responsibility
for protecting the public health and welfare;
(7) Pertaining to the sale of nonprescription drugs;
(8) To adopt such publications or supplements thereto as shall from time to time be deemed
necessary to describe the drugs, medicines, prescription drugs, dispensing physician or
other terms used in § 36-11-2;
(9) Pertaining to the posting of prescription prices on the premises of a pharmacy department
to provide consumers with comparative pricing information;
(10) Pertaining to registration of drug wholesalers and manufacturers;
(11) Pertaining to home health care and service;
(12) Pertaining to computerized pharmacy;
(13) Pertaining to the registration of registered pharmacy technicians and the suspension or
revocation of registration; an annual registration fee not to exceed thirty dollars; and tasks
that may not be delegated by a licensed pharmacist to a registered technician;
(14) Redispensing of pharmaceuticals;
(15) Pertaining to the dispensing of biological products.
Section 3. That § 36-11-19.7 be amended to read:
36-11-19.7. No nonresident pharmacy may dispense an equivalent drug product or an
interchangeable biological product if a brand name has been prescribed, unless the dispensing is
done in compliance with the laws of this state nor may dispense an equivalent drug product or an
interchangeable biological product to a resident of this state without informing the patient of the
selection and the right to refuse the product selected either by telephone or in writing.
Section 4. That § 36-11-46.2 be amended to read:
36-11-46.2. A practitioner may prohibit a pharmacist from selecting an equivalent drug product
or interchangeable biological product by handwriting on the prescription drug order the words,
"brand necessary", or words of similar meaning. The prohibition may not be preprinted or stamped
on the prescription drug order. This selection does not preclude a reminder of the procedure required
for the practitioner to prohibit selection by a pharmacist from being preprinted on the prescription
drug order. If an oral prescription is given to a pharmacist, the practitioner or practitioner's
authorized agent shall instruct the pharmacist if selection of an equivalent drug product or
interchangeable biological product is prohibited. The pharmacist shall note the instructions on the
file copy of the prescription drug order.
Section 5. That § 36-11-46.3 be amended to read:
36-11-46.3. The pharmacist or the pharmacist's agent shall inform the person receiving the drug
or biological product pursuant to the prescription drug order of the selection of an equivalent drug
product or interchangeable biological product and of the person's right to refuse the product selected.
A pharmacist shall, upon request of the prescribing practitioner, provide information regarding
substitutions of equivalent drug products.
Section 6. That § 36-11-46.5 be amended to read:
36-11-46.5. A pharmacist who selects an equivalent drug product or interchangeable biological
product pursuant to this chapter assumes no greater liability for selecting the dispensed drug or
biological product than would be incurred in filling a prescription for a drug or biological product
prescribed by its established or, generic, or proper name.
Section 7. That § 36-11-46.7 be amended to read:
36-11-46.7. The requirements of §§ 36-11-46.1 to 36-11-46.3, inclusive, and § 36-11-46.6, and
sections 9 to 11, inclusive, of this Act do not apply to an order to dispense a drug or biological
product to a hospital patient.
Section 8. That § 36-11-46.8 be amended to read:
36-11-46.8. The selection of an equivalent drug product or interchangeable biological product
does not, in itself, in the absence of willful misconduct or negligence, constitute a cause of action
against the practitioner.
Section 9. That chapter 36-11 be amended by adding a NEW SECTION to read:
A pharmacist dispensing a prescription drug order for a biological product prescribed by its brand
or proper name may select an interchangeable biological product of the prescribed product. Within
five business days following the dispensing of a biological product, the dispensing pharmacist or the
pharmacist's designee shall make an entry of the specific product provided to the patient, including
the name of the product and the manufacturer. The communication shall be conveyed by making an
entry that is electronically accessible to the prescriber through:
(1) An interoperable electronic medical records system;
(2) An electronic prescribing technology;
(3) A pharmacist benefit management system; or
(4) A pharmacy record.
Section 10. That chapter 36-11 be amended by adding a NEW SECTION to read:
Any entry into an electronic records system as described in section 9 of this Act is presumed to
provide notice to the practitioner. Otherwise, the pharmacist shall communicate the biological
product dispensed to the practitioner using facsimile, telephone, electronic transmission, or other
prevailing means, if communication is not required where:
(1) There is no interchangeable biological product approved by the U.S. Food and Drug
Administration for the product prescribed; or
(2) A refill prescription is not changed from the product dispensed on the prior filling of the
prescription.
Section 11. That chapter 36-11 be amended by adding a NEW SECTION to read:
The pharmacist shall, unless otherwise instructed by the prescriber, label the prescription
container with the name of the dispensed biological product. If the dispensed biological product does
not have a brand name, the prescription label shall indicate the proper name of the biological product
dispensed. If a pharmacist selects an interchangeable biological product for the brand name
biological product prescribed, the prescription container label shall identify the proper name and may
identify the brand name for which the selection is made. The dual identification allowed under this
section shall take the form of the following statement on the prescription container label: (proper
name) interchangeable with (brand name). The pharmacy file copy of each prescription shall include
the brand name, if any, or the proper name, and the name of the manufacturer of the biological
product dispensed. The prescription container label shall include all information required by federal
and state law or by rule promulgated by the board pursuant to chapter 1-26.
Signed February 8, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\232.wpd
CHAPTER 232
(HB 1026)
Educational requirements
for the practice of cosmetology, updated.
ENTITLED, An Act to revise certain educational requirements pertaining to the practice of
cosmetology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-15-1 be amended to read:
36-15-1. Terms used in this chapter mean:
(1) "Apprentice," any person licensed by the commission to receive education through an
apprenticeship in a salon;
(2) "Apprentice salon," any salon licensed by the commission to teach apprentices;
(3) "Booth," any part within a licensed salon that is rented or leased for the purpose of
rendering licensed cosmetology services as a separate, independent salon business;
(4) "Commission," the Cosmetology Commission as established and created in § 36-15-3;
(5) "Cosmetologist," any person who, for compensation, engages in any of the practices of
cosmetology;
(6) "Cosmetology," any one or any combination of the practices set forth in § 36-15-2;
(7) "Demonstrator," any person licensed to practice cosmetology, nail technology, or esthetics
in this state, in another state, or in another country, who demonstrates the various
practices of cosmetology, as applicable, in order to inform or educate other licensees or
the public;
(8) "Esthetician," any person who, for compensation, engages in the practice of esthetics, but
not in other practices of cosmetology;
(9) "Esthetics," any one or any combination of the practices set forth in § 36-15-2.2;
(10) "Junior instructor," "Instructor," any person who is licensed by the commission to instruct
in a school and who is enrolled in instructor education as meets the requirements set forth
in § 36-15-26 § 36-15-25;
(11) "Nail technology," any one or any combination of the practices set forth in § 36-15-17.2;
(12) "Nail technician," any person who, for compensation, engages in the practice of nail
technology, but not in other practices of cosmetology;
(13) "Natural hair braiding," any one or any combination of the practices set forth in § 36-15-1.1;
(14) "Salon," any place, premise, or building or any part of a building operated for the purpose
of engaging in the practice of cosmetology, nail technology, or esthetics, or any
combination of these practices;
(15) "School," any place, premise, or building that is licensed by the commission to provide
education to students in the practice of cosmetology, nail technology, or esthetics, or any
combination of these practices;
(16) "School premises," any permanent building or other structures approved by the
commission as a school campus under one school license;
(17) "Senior instructor," any person licensed by the commission to instruct in a school who has
previous instructor education and experience and meets the requirements set forth in § 36-15-25;
(18) "Student," any person who is licensed by the commission to receive education in a
licensed school.
Section 2. That § 36-15-17 be amended to read:
36-15-17. Any person desiring to practice cosmetology in this state as a cosmetologist shall make
application to the commission to take the examination. The application shall:
(1) Contain the information required pursuant to § 36-15-15;
(2) Contain information satisfactory to the commission that the applicant has completed
twenty-one fifteen hundred hours of education or equivalent credit hours in an approved
and licensed cosmetology school, or in lieu of such education, has successfully completed
a course of apprenticeship in a licensed cosmetology salon as provided for in this chapter;
and
(3) Be accompanied by the fee required in this chapter.
Section 3. That § 36-15-25 be amended to read:
36-15-25. No person may teach in a school unless that person is licensed by the commission as
an instructor. Any person may qualify and be licensed by the commission as a senior an instructor
for cosmetology, nail technology, or esthetics, as applicable, upon application made to the
commission. The application shall be accompanied by satisfactory evidence that the applicant:
(1) Possesses the qualifications required by § 36-15-15;
(2) Currently holds a valid cosmetologist, nail technician, or esthetician license, as applicable;
(3) Has complied with any instructor education as prescribed by § 36-15-26.2;
(4) Has completed the requirements as a junior instructor set forth in § 36-15-26 or has at
least one year of teaching experience as a licensed instructor from another state in
cosmetology, nail technology, or esthetics, as applicable; and
(5)(4) Has passed an examination prescribed by the commission.
However, the applicant may receive the license conditionally, dependent on completing instructor
education and passing the examination as prescribed by the commission in rules adopted pursuant
to chapter 1-26.
A senior An instructor with a cosmetologist license may instruct in any practice of cosmetology.
A senior An instructor with a nail technician license may only instruct in the practice of nail
technology.
A senior An instructor with an esthetician license may only instruct in the practice of
esthetics.
The commission may promulgate rules, pursuant to chapter 1-26, to establish education and
experience requirements for a person to serve as a substitute instructor.
Section 4. That § 36-15-25.1 be amended to read:
36-15-25.1. Any senior instructor license issued by the commission pursuant to this chapter
expires annually on a date set by the commission in rules promulgated pursuant to chapter 1-26, and
is renewable annually. The application shall be accompanied by the fee required in this chapter and
proof of completion of any required commission-approved instructor education pursuant to § 36-15-26.2.
Section 5. That § 36-15-29 be amended to read:
36-15-29. No person may conduct a cosmetology, nail technology, or esthetics school for any of
the practices of cosmetology, as applicable, unless that person is licensed as a school by the
commission. The commission shall issue the license if the applicant meets the following
requirements:
(1) The applicant completes the application and provides any required documentation;
(2) The application is accompanied by the fee required in this chapter;
(3) The applicant has no violations with another cosmetology board;
(4) The education offered is a complete program of not less than twenty-one fifteen hundred
hours for a cosmetology program or a complete program of not less than four hundred
hours for a nail technician program or a complete program of not less than the hours
established by rules pursuant to § 36-15-13 for an esthetician license or the respective
equivalent credit hours; and
(5) The applicant meets all requirements established by rules adopted pursuant to this chapter.
Section 6. That § 36-15-45 be amended to read:
36-15-45. A licensed apprentice in cosmetology shall receive education in the practice of
cosmetology as required by this chapter in the same cosmetology salon for three thousand two
thousand one hundred fifty consecutive hours. A licensed apprentice in nail technology shall receive
education in the practice of nail technology as required by this chapter for nine hundred consecutive
hours in the same cosmetology salon or nail salon. The commission may permit an apprentice to
transfer to another cosmetology salon or nail salon, as applicable, for completion of the
apprenticeship if the apprentice applies for the transfer in writing to the commission and shows good
cause for the request. The commission may permit a break in the consecutive period of the
apprenticeship if the apprentice applies for the break in writing to the commission and shows good
cause for the request. The commission shall define good cause by rules promulgated pursuant to
chapter 1-26.
Section 7. That § 36-15-47 be amended to read:
36-15-47. Any apprentice licensed pursuant to this chapter may practice cosmetology if the
practice is performed only in a cosmetology salon or nail salon, as applicable, licensed pursuant to
this chapter; the apprentice is under the constant supervision, control, and direction of a licensed
senior instructor at all times; and the apprentice is actually engaged in the study and practice of
cosmetology or nail technology at least forty hours a week.
Section 8. That § 36-15-47.1 be amended to read:
36-15-47.1. Only a senior an instructor licensed under this chapter may teach an apprentice in
any of the practices of cosmetology. The senior instructor, the salon, or anyone connected with the
apprenticeship may not charge, receive, or accept any fee or anything of value except services for
the education.
Section 9. That § 36-15-48 be amended to read:
36-15-48. The commission may adopt reasonable rules pursuant to chapter 1-26 pertaining to a
report on the progress and education received by any apprentice required of the licensed senior
instructor under whom the apprentice is being supervised.
Section 10. That § 36-15-25.2 be repealed.
Section 11. That § 36-15-26 be repealed.
Section 12. That § 36-15-26.1 be repealed.
Section 13. That § 36-15-29.2 be repealed.
Section 14. Sections 2, 5, and 6 of this Act are effective January 1, 2019.
Signed February 14, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\233.wpd
CHAPTER 233
(HB 1087)
Students to test for cosmetologist,
esthetician, and nail technician licensure.
ENTITLED, An Act to allow certain students to test for cosmetologist, esthetician, and nail
technician licensure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-15-2.3 be amended to read:
36-15-2.3. Any person desiring to practice esthetics in this state as an esthetician shall apply to
the commission to take the esthetics examination. The application shall:
(1) Contain the information required by § 36-15-15;
(2) Contain proof that the applicant is enrolled in or has completed the required hours of
education, as established by rules pursuant to § 36-15-13, or equivalent credit hours in an
approved and licensed cosmetology or esthetics school; and
(3) Be accompanied by the fee required in this chapter.
Section 2. That § 36-15-17 be amended to read:
36-15-17. Any person desiring to practice cosmetology in this state as a cosmetologist shall make
application to the commission to take the examination. The application shall:
(1) Contain the information required pursuant to § 36-15-15;
(2) Contain information satisfactory to the commission that the applicant is enrolled in or has
completed twenty-one hundred hours of education or equivalent credit hours in an
approved and licensed cosmetology school, or in lieu of such education, is enrolled in or
has successfully completed a course of apprenticeship in a licensed cosmetology salon as
provided for in this chapter; and
(3) Be accompanied by the fee required in this chapter.
Section 3. That § 36-15-17.1 be amended to read:
36-15-17.1. Any person desiring to practice nail technology in this state as a nail technician shall
apply to the commission to take the nail technician examination. The application shall:
(1) Contain the information required by § 36-15-15;
(2) Contain proof that the applicant is enrolled in or has completed four hundred hours of
education or equivalent credit hours in an approved and licensed cosmetology or nail
school or, in lieu of such education, is enrolled in or has successfully completed a course
of apprenticeship in a licensed cosmetology salon or nail salon, as provided in § 36-15-45;
and
(3) Be accompanied by the fee required in this chapter.
Section 4. That § 36-15-19.1 be amended to read:
36-15-19.1. Each applicant for a cosmetologist license who has complied with § 36-15-17, shall
take the prescribed examination in the practice of cosmetology. The commission shall determine the
contents of the examination. Upon successful completion of the required education, passing the
examination to the satisfaction of the commission and the receipt of the fee required in this chapter,
the applicant shall be licensed as a cosmetologist in the practice of cosmetology. Any cosmetologist
license issued by the commission pursuant to this chapter expires annually on a date set by the
commission in rules promulgated pursuant to chapter 1-26, and is renewable annually.
Section 5. That § 36-15-19.3 be amended to read:
36-15-19.3. Each applicant for a nail technician license who has complied with § 36-15-17.1
shall take the prescribed examination in the practice of nail technology. The commission shall
determine the contents of the examination. Upon successful completion of the required education,
passing the examination to the satisfaction of the commission and the receipt of the fee required in
this chapter, the applicant shall be licensed as a nail technician. Any nail technician license issued
by the commission pursuant to this chapter expires annually on a date set by the commission in rules
promulgated pursuant to chapter 1-26, and is renewable annually.
Section 6. That § 36-15-19.5 be amended to read:
36-15-19.5. Each applicant for an esthetician license who has complied with § 36-15-2.3 shall
take the prescribed examination in the practice of esthetics. The commission shall determine the
contents of the examination. Upon successful completion of the required education, passing the
examination to the satisfaction of the commission and the receipt of the fee required in this chapter,
the applicant shall be licensed as an esthetician in the practice of esthetics. Any esthetician license
issued by the commission pursuant to this chapter expires annually on a date set by the commission
in rules promulgated pursuant to chapter 1-26, and is renewable annually.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\234.wpd
CHAPTER 234
(HB 1027)
The number of apprentices in a salon, increased.
ENTITLED, An Act to revise certain provisions regarding the maximum number of apprentices in
a salon.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-15-44 be amended to read:
36-15-44. No An apprentice salon may have more than two up to four apprentices not to exceed
two apprentices per instructor during any one period of time.
Signed February 8, 2018
_______________
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CHAPTER 235
(HB 1086)
Assisted living facilities
exempt from the salon license requirement.
ENTITLED, An Act to exempt certain assisted living facilities from the salon license requirement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-15-51.2 be amended to read:
36-15-51.2. Any licensed nursing facility or licensed assisted living center that permits
cosmetology services only to its residents and does not advertise as a salon is not required to have
a salon license.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\235.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\236.wpd
CHAPTER 236
(HB 1031)
References regarding real estate licensing, updated.
ENTITLED, An Act to revise certain provisions and references regarding real estate licensing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-21A-19 be amended to read:
36-21A-19. The commission may fix the salary of the executive director in accordance with
chapter 3-6A, employ other employees personnel as may be necessary to carry out the provisions of
this chapter, fix salaries and prescribe the duties of its employees and make other expenditures
necessary to carry out the provisions of this chapter.
Section 2. That § 36-21A-55 be amended to read:
36-21A-55. The holding of a license issued under the provisions of this chapter or participating
in a transaction for which a license is required by this chapter is the transaction of business within
the state, and a nonresident licensee or unlicensed person so defined is subject to the personal
jurisdiction of the courts of this state as provided by § 15-7-2.
Service of process shall be made upon corporate licensees as provided by
§§ 47-1A-504 and 47-1A-1510 chapter 59-11 and otherwise as provided by chapter 15-6.
Any person licensed under this chapter shall deliver a copy of any process or pleading to which
that licensee is a party to the executive director of the commission within ten days of its being served
by or upon him. Failure to file with the executive director is not jurisdictional in any action to which
a licensee under this chapter may be a party.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\237.wpd
CHAPTER 237
(HB 1032)
Credit unions not required to be licensed as real estate brokers.
ENTITLED, An Act to exempt credit unions from the requirements to be licensed as real estate
brokers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-21A-29 be amended to read:
36-21A-29. This chapter does not apply to the following:
(1) Any person who as a bona fide owner or lessor, performs any of the acts described in
§§ 36-21A-6 and 36-21A-12 with reference to property owned, or leased by the person,
or to any regular employees thereof, if such acts are performed in the regular course of,
or as an incident to the management of such property or investment in such property;
(2) Any public officer while performing the officer's duties;
(3) Any person owning and operating a cemetery and selling lots solely for use as burial plots;
(4) Any person acting as a receiver, trustee, personal representative, guardian or under court
order, or while acting under authority of a deed, trust, or will;
(5) Any custodian, janitor, or employee of the owner or manager of a residential building who
exhibits a residential unit therein to prospective tenants, accepts applications for leases
and furnishes prospective tenants with information relative to the rental of the unit, terms
and conditions of leases required by the owner or manager and similar information;
(6) Any owner, manager, or employee of a business holding a lodging license while engaging
in the lodging business;
(7) Any attorney at law, admitted to practice in South Dakota, unless the attorney holds
himself or herself out to be in the real estate business or solicits real estate business, in
which event the attorney may obtain a real estate license without examination, but the
attorney is otherwise subject to the provisions of this chapter;
(8) Any bank, bank holding company or subsidiary thereof, credit union, trust company,
savings and loan association, public utility, or any land mortgage or farm loan association
organized under the laws of this state or the United States, if engaged in the transaction
of business within the scope of its corporate powers as provided by law;
(9) Any person or company whose business practice is to collect a fee or compensation to
publish real estate listings in print, electronic, or other media;
(10) Any person holding, in good faith, a duly executed power of attorney from the owner,
authorizing the final consummation and execution for the sale, purchase, leasing, or
exchange of real property if such acts are not of a recurrent nature and done with the
intention of evading this chapter; and
(11) Any employee of any person enumerated in this section whose principal duties are other
than those duties described in §§ 36-21A-6 and 36-21A-12, if engaged in the specific
performance of the employee's duties.
Signed February 28, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\238.wpd
CHAPTER 238
(HB 1040)
Professional counselors licensed in another state
may be licensed here.
ENTITLED, An Act to provide for the licensing of a professional counselor, professional counselor-mental health, or marriage and family therapist licensed in another state under certain
circumstances and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 36-32-16 be amended to read:
36-32-16. Upon payment of the fee as may be promulgated by the board, the board may grant a
license to any person who, at the time of application, is licensed under the laws of a state or territory
of the United States that imposes substantially the same requirements as this chapter.
Notwithstanding the provisions of § 36-32-13, the board may issue a license to an applicant licensed
to practice counseling in another state if the applicant demonstrates the following qualifications:
(1) Verification from the authority that issued the license that:
(a) The applicant is currently licensed and has been licensed by the authority for at
least three years; and
(b) The applicant is in good standing with the authority;
(2) Verification from the applicant that the applicant has an active practice in the state of
current licensure;
(3) Verification that the applicant passed the national counselor examination; and
(4) An absence of unprofessional conduct by the applicant.
For purposes of this section, the term, active practice, means the applicant accumulated at least
one thousand five hundred hours of clinical experience in the three years immediately preceding the
application.
Section 2. That chapter 36-32 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of § 36-32-42, the board may issue a license to an applicant
licensed to practice mental health counseling in another state if the applicant demonstrates the
following qualifications:
(1) Verification from the authority that issued the license that:
(a) The applicant is currently licensed and has been licensed for at least five years;
(b) The applicant has been licensed at the highest level of independent practice in the
state for at least three years; and
(c) The applicant is in good standing with the authority;
(2) Verification from the applicant that the applicant has an active practice in the state of
current licensure;
(3) Verification that the applicant passed the national counselors examination;
(4) Verification that the applicant passed the national clinical mental health counselor
examination; and
(5) An absence of unprofessional conduct by the applicant.
For purposes of this section, the term, active practice, means the applicant accumulated at least
one thousand five hundred hours of clinical experience in the three years immediately preceding the
application.
Section 3. That § 36-33-18 be amended to read:
36-33-18. Upon payment of the fee as may be promulgated by the board pursuant to chapter 1-26,
the board may grant a license to any person who, at the time of application, is licensed under the laws
of a state or territory of the United States that imposes substantially the same or greater requirements
as this chapter. Notwithstanding the provisions of § 36-33-9, the board may issue a license to an
applicant licensed to practice marriage and family therapy in another state if the applicant
demonstrates the following qualifications:
(1) Verification from the authority that issued the applicant's license that:
(a) The applicant is currently licensed and has been licensed by the authority for at
least five years;
(b) The applicant has been licensed at the highest level of independent practice in the
state for at least three years; and
(c) The applicant is in good standing with the authority;
(2) Verification from the applicant that the applicant has an active practice in the state of
current licensure;
(3) Verification that the applicant passed the national examination for marriage and family
therapy; and
(4) An absence of unprofessional conduct by the applicant.
For purposes of this section, the term, active practice, means the applicant accumulated at least
one thousand five hundred hours of clinical experience in the three years immediately preceding the
application.
Section 4. That ARSD 20:68:01:04 be repealed.
Section 5. That ARSD 20:71:02:03 be repealed.
Section 6. That ARSD 20:73:01:03 be repealed.
Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\238.wpd
TRADE REGULATION
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\239.wpd
CHAPTER 239
(SB 153)
Disclosure of fees imposed by overnight lodging accommodations.
ENTITLED, An Act to require disclosure of certain fees being imposed by overnight lodging
accommodations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 37-24-6 be amended to read:
37-24-6. It is a deceptive act or practice for any person to:
(1) Knowingly act, use, or employ any deceptive act or practice, fraud, false pretense, false
promises, or misrepresentation or to conceal, suppress, or omit any material fact in
connection with the sale or advertisement of any merchandise, regardless of whether any
person has in fact been misled, deceived, or damaged thereby;
(2) Advertise price reductions without satisfying one of the following:
(a) Including in the advertisement the specific basis for the claim of a price reduction;
or
(b) Offering the merchandise for sale at the higher price from which the reduction is
taken for at least seven consecutive business days during the sixty-day period prior
to the advertisement.
Any person advertising consumer property or services in this state, which advertisements
contain representations or statements as to any type of savings claim, including reduced
price claims and price comparison value claims, shall maintain reasonable records for a
period of two years from the date of sale and advertisement, which records shall disclose
the factual basis for such representations or statements and from which the validity of any
such claim be established. However, these reasonable record provisions do not apply to
the sale of any merchandise that is of a class of merchandise that is routinely advertised
on at least a weekly basis in newspapers, shopping tabloids, or similar publications and
that has a sales price before price reduction that is less than fifteen dollars per item;
(3) Represent a sale of merchandise at reduced rates due to the cessation of business
operations and after the date of the first advertisement remain in business under the same,
or substantially the same, ownership or trade name, or continue to offer for sale the same
type of merchandise at the same location for more than one hundred twenty days;
(4) Give or offer a rebate, discount, or anything of value to a person as an inducement for
selling consumer property or services in consideration of giving the names of prospective
purchasers or otherwise aiding in making a sale to another person, if the earning of the
rebate, discount, or other thing of value is contingent upon the occurrence of an event
subsequent to the time the person agrees to the sale;
(5) Engage in any scheme or plan for disposal or distribution of merchandise whereby a
participant pays a valuable consideration for the chance to receive compensation primarily
for introducing one or more additional persons into participation in the planner's scheme
or for the chance to receive compensation when the person introduced by the participant
introduces a new participant;
(6) Send, deliver, provide, mail, or cause to be sent, delivered, provided, or mailed any bill
or invoice for unordered property or unordered service provided;
(7) Advertise a rate, price, or fee for a hotel, motel, campsite, or other lodging
accommodation which is not in fact available to the public under the terms advertised. It
is not a violation of this subdivision to establish contract rates which are different than
public rates;
(8) Charge a rate, price, or fee for a hotel, motel, campsite, or other lodging accommodation
which is different than the rate, price, or fee charged on the first night of the guest's stay
unless, at the initial registration of the guest, a written notification of each price, rate, or
fee to be charged during the guest's reserved continuous stay is delivered to the guest and
an acknowledgment of receipt of the notice is signed by the guest and kept by the
innkeeper for the same period of time as is required by § 34-18-21;
(9) Knowingly fail to mail or to deliver by electronic means to a future guest a written
confirmation of the date and rates of reservations made for any accommodation at a hotel,
motel, campsite, or other lodging accommodation when a written request for confirmation
is received from the future guest;
(10) Require money in advance of arrival or a handling fee in the event of cancellation of any
hotel, motel, campsite, or other lodging accommodation unless the innkeeper has a written
policy or a separate contract with the guest stating so that is mailed or delivered by
electronic means to the guest at or near the making of the reservation;
(11) Knowingly advertise or cause to be listed through the internet or in a telephone directory
a business address that misrepresents where the business is actually located or that falsely
states that the business is located in the same area covered by the telephone directory. This
subdivision does not apply to a telephone service provider, an internet service provider,
or a publisher or distributor of a telephone directory, unless the conduct proscribed in this
subdivision is on behalf of the provider, publisher, or distributor;
(12) Sell, market, promote, advertise, or otherwise distribute any card or other purchasing
mechanism or device that is not insurance that purports to offer discounts or access to
discounts from pharmacies for prescription drug purchases if:
(a) The card or other purchasing mechanism or device does not expressly state in bold
and prominent type, prevalently placed, that discounts are not insurance;
(b) The discounts are not specifically authorized by a separate contract with each
pharmacy listed in conjunction with the card or other purchasing mechanism or
device; or
(c) The discount or access to discounts offered, or the range of discounts or access to
the range of discounts, is misleading, deceptive, or fraudulent, regardless of the
literal wording.
The provisions of this subdivision do not apply to a customer discount or membership
card issued by a store or buying club for use in that store or buying club, or a patient
access program voluntarily sponsored by a pharmaceutical manufacturer, or a consortium
of pharmaceutical manufacturers, that provide free or discounted prescription drug
products directly to low income or uninsured individuals either through a discount card
or direct shipment;
(13) Send or cause to be sent an unsolicited commercial electronic mail message that does not
include in the subject line of such message "ADV:" as the first four characters. If the
message contains information that consists of explicit sexual material that may only be
viewed, purchased, rented, leased, or held in possession by an individual eighteen years
of age and older, the subject line of each message shall include "ADV:ADLT" as the first
eight characters. An unsolicited commercial electronic mail message does not include a
message sent to a person with whom the initiator has an existing personal or business
relationship or a message sent at the request or express consent of the recipient; or
(14) Violate the provisions of § 22-25-52; or
(15) Knowingly fail to disclose the amount of any mandatory fee when reservations are made
by a future guest at a hotel, motel, campsite, or other lodging accommodations. A
mandatory fee under this subdivision includes any resort fee or parking fee charged by the
lodging accommodations whether or not the guest utilizes the amenities or the parking
facility for which the fee is assessed.
Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each
act in violation of this statute over one thousand dollars but under one hundred thousand dollars is
a Class 6 felony. Each act in violation of this section over one hundred thousand dollars is a Class
5 felony.
Signed March 8, 2018
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End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\239.wpd
AGRICULTURE AND HORTICULTURE
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\240.wpd
CHAPTER 240
(HB 1214)
The State Conservation Commission
and conservation districts requirements changed.
ENTITLED, An Act to revise certain provisions regarding the State Conservation Commission and
conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-7-2 be amended to read:
38-7-2. Terms used in this chapter or chapter 38-8 mean:
(1) "Agency of this state," the government of this state and any subdivision, agency, or
instrumentality, corporate or otherwise, of the government of this state;
(2) "Commission," the State Conservation Commission established by § 38-7-3;
(3) "District" or "conservation district," a governmental subdivision of this state, and a public
body, corporate and politic, organized in accordance with the provisions of chapter 38-8,
for the purpose, with the powers, and subject to the restrictions set forth in chapter 38-8;
(4) "Division," the Division of Resource Conservation and Forestry created by § 38-7-2.1;
(5) "Due notice," a notice published at least twice, with an interval of at least seven days
between the publication dates, in a legal newspaper within the district or by posting copies
of the notice in three of the most public places within the district for a period of at least
ten days immediately preceding the date specified in the notice. At any hearing held
pursuant to the notice, at the time and place designated in the notice, the adjournment may
be made from time to time without the necessity of renewing the notice for adjourned
dates;
(6) "Government" or "governmental," the government of this state, the government of the
United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of
either of them;
(7) "Land occupier" or "occupier of land," any person, firm, or corporation who holds title to,
or is in possession of any agricultural, grazing, or forest lands lying within a conservation
district organized under the provisions of chapter 38-8, whether as owner, lessee, renter,
tenant, or otherwise;
(8)
"Landowner" or "owners of land," any South Dakota resident person, firm, or corporation,
public or private, who has legal title to ten or more acres of land, lying within a district
organized, or to be organized as shown by the records in the offices of the register of
deeds and the clerk of courts of the county in which the land is situated. If the land is sold
under a contract for deed, which is of record in the office of the register of deeds of the
county, both the landowner and the individual purchaser of the land, as named in the
contract for deed, are treated as landowners;
(9) "Nominating petition," a petition filed under the provisions of chapter 38-8 to nominate
candidates for the office of supervisor of a conservation district;
(10)(9) "Petition," a petition filed under the provisions of chapter 38-8 for the creation of
a conservation district;
(11)(10) "Supervisor," one of the members of the governing body of a district, elected or
appointed in accordance with the provisions of chapter 38-8;
(12)(11) "United States" or "agencies of the United States," the United States of America,
the Natural Resources Conservation Service of the United States Department of
Agriculture, and any other agency or instrumentality, corporate or otherwise, of the
United States of America.
Section 2. That § 38-7-4 be amended to read:
38-7-4. The State Conservation Commission is composed of nine members appointed by the
Governor. Eight members shall be appointed as follows: one member from a list of three names
recommended to the Governor from the South Dakota Municipal League, from its membership to
represent the urban interests; one member from a list of three names recommended to the Governor
from the directors of the water development districts; two members who shall be persons are
engaged in the tree industry; and three farmer-members, one from each of the areas four members
who are or have been conservation district supervisor members as designated in § 38-7-5; and, one
farmer-member at large. No more than five members may be from one political party. All Each
appointed members member shall serve a three-year terms and all farmer-members term. Each
conservation district supervisor member shall be, or shall have been supervisors a supervisor of a
conservation districts. Members district. A member shall take office on the first day of January of
the year following their the member's appointment and all such appointments. Each appointment
shall be made on or before the first day of December.
The Governor shall appoint
all farmer-members the conservation district supervisor members
from a list of names of qualified persons submitted to
him the Governor by the State Association of
Conservation Districts. The association shall, at
such times
as will be consistent with the terms of
this section and in
such a manner
as may be determined
by it at its annual convention, submit a list
of
three nominees for each membership on the commission to be filled by appointment of the
Governor.
Vacancies Any vacancy arising from reasons other than the natural expiration of
terms, a term
shall be filled
, for the unexpired term
, as in the case of original appointments.
Section 3. That § 38-7-5 be amended to read:
38-7-5. One conservation district supervisor member shall be at-large and one conservation
district supervisor member from each of the three conservation district supervisor member areas shall
be appointed to the commission. This state is hereby divided into three farmer-member conservation
district supervisor member areas as follows: all of that area east of the Missouri River and north of
the southern boundaries of Hughes, Hyde, Hand, Beadle, Kingsbury, and Brookings counties shall
be known and designated as Area I; all of that area east of the Missouri River and south of the
northern boundaries of Buffalo, Jerauld, Sanborn, Miner, Lake, and Moody counties shall be known
and designated as Area II; and all of that area west of the Missouri River shall be known and
designated as Area III.
Section 4. That § 38-8-2 be amended to read:
38-8-2. Within sixty days after a petition under § 38-8-1
, has been filed with the
State
Conservation Commission commission, the commission shall publish
due a notice as defined in
§ 38-7-2 of a hearing upon the question of the
desirability:
(1) Desirability and necessity, in the interest of the public health, safety, and welfare, of the
creation of a conservation district, upon the question of the appropriate;
(2) Appropriate boundaries to be assigned to the district, upon the propriety; and
(3) Propriety of the petition and other proceedings taken under this chapter, and upon all
questions relevant to such inquiries.
Any
occupier of land within the limits of the territory described in the petition, of lands within
any territory considered for addition to such described territory, and any other interested party
, may
attend
such hearings the hearing and be heard. If it appears
upon at the hearing that it may be
desirable to include within the proposed district territory outside of the area within which
due the
notice of the hearing has been given, the hearing shall be adjourned
and due notice. The commission
shall publish a notice pursuant to § 38-7-2 of further hearing
that shall be
given throughout
conducted for the entire area considered for inclusion in the district
, and such further hearing held.
Section 5. That § 38-8-31 be amended to read:
38-8-31. Within thirty days after a petition has been filed pursuant to § 38-8-30, the State
Conservation Commission commission shall provide due notice as defined in § 38-7-2 of a public
hearing upon the question of the proposed change of boundary. All occupiers of lands lying within
the districts, and all other Any interested persons person may attend such hearings the hearing and
be heard.
Signed February 22, 2018
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End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\240.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\241.wpd
CHAPTER 241
(HB 1115)
Crop liens.
ENTITLED, An Act to revise certain provisions regarding crop liens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 38-17 be amended by adding a NEW SECTION to read:
For the purposes of this chapter, the term, crop seeds, means the seeds of grass, forage, cereal,
oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed
and combinations of such seeds.
Section 2. That § 38-17-2 be amended to read:
38-17-2. In the absence of filing pursuant to § 38-17-1, the provision of any such contract
reserving title to the grain or, seed, or crop produced from a crop growing or to be grown upon on
any lands in this state in the landlord shall do not apply to or and may not be enforced against an
innocent purchaser of such the grain or, seeds, or crop or against any innocent encumbrancer
perfecting a security interest in such the grain or, seeds, or crop under the provisions of Title title
57A.
Section 3. That § 38-17-3 be amended to read:
38-17-3. Any person who provides wheat, oats, barley, rye, corn, flax, sudan, milo, millet,
soybeans, sunflowers, or potatoes, crop seeds to be planted upon on any lands owned, used, or rented
by another person has a lien upon on the crop produced from the seed, if the person providing the
seed files the notice specified described in § 38-17-5. A landlord and tenant may limit the amount
of seed to be furnished to a tenant by a provision in a lease if the lease is filed in the office of the
register of deeds office before the seed is furnished to the tenant.
Section 4. That § 38-17-4 be amended to read:
38-17-4. Corporations Any corporation created by virtue of the laws of any other state or territory
may furnish crop seed grain under the provisions of §§ 38-17-3 to 38-17-9, inclusive, without
complying with the laws in reference to foreign corporations doing business in this state.
Section 5. That § 38-17-5 be amended to read:
38-17-5. Any person entitled to a lien under pursuant to § 38-17-3 shall make an provide a
written account in writing, stating the kind, quantity, and value of the seed furnished in bushels, by
kind, and the value thereof, the name of the person to whom who furnished the seed, and a
description of the land upon on which the same seed has been or is to be planted or sown, and after
making oath to the correctness of the account, shall file the same in the office of the register of deeds
of the county where in which the crop is to be planted.
Section 6. That § 38-17-6 be amended to read:
38-17-6. Where If the person furnishing any crop seed grain under the provisions of pursuant to
§§ 38-17-3 to 38-17-9, inclusive, is not a resident of this state, the affidavit required by § 38-17-5
may be made by an the person's attorney or agent of such person residing in this state, and in such
case such who is a resident of this state. The affidavit shall set forth the fact of indicate the
nonresidence of such the person, and also the fact of the residence of such the attorney or agent.
Section 7. That § 38-17-7 be amended to read:
38-17-7. It shall be the duty of the The office of the register of deeds to shall file and enter the
statements required by § 38-17-5 in the manner required by law in the personal property index. The
filing of said the statements in conformity to described in §§ 38-17-5 and 38-17-6 operates as a
notice of said the lien to all subsequent purchasers and encumbrancers of said the property.
Section 8. That § 38-17-8 be amended to read:
38-17-8. Liens Any lien under the provisions of §§ 38-17-3 to 38-17-7, inclusive, if filed within
thirty days after the crop seed grain is furnished, shall have has preference in the order of the filing
thereof, and shall have. The lien has priority over all other liens and encumbrances upon said crops
on the crop, except threshers' liens.
Section 9. That § 38-17-9 be amended to read:
38-17-9. Any person who obtains wheat, oats, barley, rye, corn, flax, sudan, milo, millet,
soybeans, sunflowers, or potatoes crop seeds subject to a lien under the provisions of §§ 38-17-3 to
38-17-8, inclusive, and who uses the seed or any part of the seed without the written consent of the
person who furnished the seed for any other purpose, is guilty of a Class 2 misdemeanor.
Section 10. That § 38-17-11 be amended to read:
38-17-11. The
said lien of the United States or its agency
shall be is perfected by filing, in like
manner as similar lien notices or accounts are filed under § 38-17-5, in the office of the register of
deeds of the county
where such in which the seed is to be planted, a notice in writing, verified by the
oath of the officer, agent, or representative of
such the government or agency thereof furnishing the
seed or making the loan
, which. The notice shall
show include: the kind, quantity, and value of the
seed furnished or the amount of money loaned; the name of the person to whom the seed was
furnished or the money loaned; and a description of the
lands upon land which the seed has been or
is to be sown or planted.
Section 11. That § 38-17-12 be amended to read:
38-17-12. Whoever Any person who misappropriates any of the seed, or money loaned to
purchase the same seed, furnished by the United States or any agency thereof, or any crop grown
therefrom from the seed, and for which it may have the United States or agency has a lien under the
provisions of § 38-17-10, to any purpose except that for which it was furnished or produced, is guilty
of a Class 1 misdemeanor.
Section 12. That § 38-17-13 be amended to read:
38-17-13. All other statutes of South Dakota applicable to crop seed grain liens, including the
duties of register of deeds, priorities, foreclosure, and penal provisions, and acts amendatory thereof,
except where if a different intention plainly appears, are hereby made applicable to federal agency
seed liens as provided in §§ 38-17-10 and 38-17-11.
Section 13. That § 38-17-14 be amended to read:
38-17-14. Every Any person owning and operating a threshing machine, combine, cornsheller,
cornhusker, corn shredder, silage cutter, seed huller, baler, mower, grinder, rake, or agricultural
pulverizing machine, shall have farm machinery has a lien from the date of threshing, combining,
shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or pulverizing, upon
operation on all grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds
hulled, or agricultural products baled, mowed, ground, raked, or pulverized by him the person with
such the machine for the value of the services so rendered in doing such threshing, combining,
shelling, husking, shredding, cutting, or hulling, baling, mowing, grinding, raking, or pulverizing
operation.
Section 14. That § 38-17-15 be amended to read:
38-17-15. Any person entitled to a lien under § 38-17-14 shall make an provide a written account
in writing stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise
processed, the price agreed upon for such work, which shall not be in excess of may not exceed the
price usually charged for such the service, the name of the person for whom said the work was done,
and a description of the land upon on which said the crop was grown, and after. After making oath
to the correctness of the account, the person shall file the same account in the office of the register
of deeds in the county in which the land from which said producing the crop was produced is
located, and also in the county of the residence of the person who produced said the crop, if he be
the person is a resident of South Dakota. It shall be the duty of the this state. The office of the
register of deeds to shall file and enter said the account in the manner required by law in the personal
property index, and such. The filing shall operate serves as notice to all purchasers and
encumbrancers subsequent to the date of said the filing.
Signed February 22, 2018
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End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\241.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\242.wpd
CHAPTER 242
(SB 209)
The Nutrient Research and Education Council.
ENTITLED, An Act to revise certain provisions regarding the Nutrient Research and Education
Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-19-50 be amended to read:
38-19-50. 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 provided with staff assistance from the South Dakota
Agricultural Experiment Station, but. The council 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.
Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\242.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\243.wpd
CHAPTER 243
(SB 34)
Registration for pesticide products.
ENTITLED, An Act to revise certain provisions regarding registration for pesticide products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-20A-4 be amended to read:
38-20A-4. Before any person whose name or brand name appears on a pesticide may distribute,
sell, or offer for sale or distribution in this state any pesticide, the person shall file with the secretary
of agriculture an application for the registration of the pesticide. Each application shall include the
following:
(1) The name and address of the applicant and the name and address of the person whose
name will appear on the label, if other than the applicant;
(2) The name of the pesticide;
(3) One complete copy of the labeling accompanying the pesticide and a statement of all
claims to be made for it, including directions for use;
(4) If requested by the secretary, efficacy, toxicity, residue, and any other data necessary to
determine if the pesticide will perform its intended function without unreasonable adverse
effects on the environment;
(5) The classification or lack of classification and general use or restricted use of the
pesticide; and
(6) A biennial An annual application fee of three hundred one hundred twenty dollars.
Beginning July 1, 2010, the biennial application fee is two hundred forty dollars.
Each registration is valid for
a two-year period one year and expires on
the alternate June
thirtieth. The registration may not be transferred. A fee equal to fifty percent of the application fee
shall be applied to any late renewal.
Each pesticide application fee is nonrefundable.
If a pesticide
has not been manufactured or distributed for two years, or is no longer available
for use due to a cancellation or suspension order of the United States Environmental Protection
Agency, it is not subject to registration requirements.
If the holder of a pesticide registration cancels
the registration, the pesticide shall complete a two-year discontinuance period. During the
discontinuance period, the annual application fee shall be paid.
Section 2. That § 38-20A-59 be amended to read:
38-20A-59. The biennial annual application fee for each pesticide registered in § 38-20A-4 shall
be distributed as follows:
(1) Forty Twenty dollars shall be deposited in the pesticide regulatory fund created in § 38-21-57;
(2) Sixty-seven dollars and fifty cents Thirty-three dollars and seventy-five cents shall be
deposited in the weed and pest fund created in § 38-22-35;
(3) Forty-two dollars and fifty cents Twenty-one dollars and twenty-five cents shall be
deposited in the public lands weed and pest fund created in § 38-20A-58;
(4) Thirty Fifteen dollars shall be deposited within the agricultural experiment station
pursuant to chapter 13-58;
(5) Twenty Ten dollars shall be deposited within the cooperative extension service pursuant
to chapter 13-54; and
(6) Forty Twenty dollars shall be deposited in the pesticide recycling and disposal fund
created in § 38-20A-56; and
(7) Repealed by SL 2008, ch 208, § 3 eff. July 1, 2010.
The late renewal fee in § 38-20A-4 shall be divided equally among the weed and pest fund
created in § 38-22-35, the pesticide regulatory fund created in § 38-21-57, and the public lands weed
and pest fund created in § 38-20A-58.
Signed February 27, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\243.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\244.wpd
CHAPTER 244
(SB 166)
Moisture and protein content devices regulation repealed.
ENTITLED, An Act to repeal certain provisions regarding the inspection of moisture and protein-measuring devices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-31-2 be repealed.
Section 2. That § 38-31-1 and §§ 38-31-3 to 38-31-9, inclusive, be repealed.
Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\244.wpd
FOOD AND DRUGS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\245.wpd
CHAPTER 245
(SB 169)
Confections that contain alcohol regulated.
ENTITLED, An Act to revise certain provisions regarding confections that contain alcohol and to
declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 39-4 be amended by adding a NEW SECTION to read:
A person may sell or offer for sale any confection or candy that contains less than one-half of one
percent alcohol by weight. If the confection or candy contains more than one-half of one percent
alcohol by weight, the confection or candy is deemed adulterated for the purposes of this title.
Section 2. That chapter 39-4 be amended by adding a NEW SECTION to read:
A licensee pursuant to subdivision 35-4-2(4), (6), (11), (12), or (16) may sell or offer for sale any
confection or candy made on the licensed premises containing one half of one percent alcohol by
weight or more.
Section 3. That chapter 39-4 be amended by adding a NEW SECTION to read:
Any licensee pursuant to subdivision 35-4-2(23) may deliver any confection or candy containing
one half of one percent alcohol by weight or more, pursuant to section 2 of this Act.
Section 4. That § 39-4-3 be amended to read:
39-4-3. For the purposes of this title a confectionery shall be is deemed to be adulterated if it
contains:
(1) Terra alba, barytes, talc, paraffin, chrome yellow, or other mineral substance or poisonous
color or flavor, or other ingredient deleterious or detrimental to health; or
(2) Any
vinous, malt, or spirituous liquor or compound or narcotic drug.
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 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\245.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\246.wpd
CHAPTER 246
(HB 1035)
Labeling requirements for feed.
ENTITLED, An Act to repeal certain provisions and regulations related to labeling requirements for
feed.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 39-14-55.1 be repealed.
Section 2. That § 39-14-60 be amended to read:
39-14-60. The secretary of agriculture may promulgate rules, pursuant to chapter 1-26, for
commercial feeds and pet foods:
(1) To provide procedures for registration of commercial feed;
(2) To provide procedures for contested case hearings and commercial feed registration
amendments;
(3) To provide guidelines for commercial feed records;
(4) To provide guidelines for commercial feed good manufacturing practices;
(5) To establish weed seed adulteration limits;
(6) To establish labeling standards for commercial feed;
(7) To establish customer-formula feed directions and warning and caution statements for
labels; and
(8) To provide procedures for entry into premises and access to records by department
personnel for the purpose of inspecting commercial feed manufacturing practices; and
(9) For the express purpose of protecting the public health, welfare, and safety and the health
and welfare of the South Dakota Livestock Industry, to regulate the use, manufacture,
storage, or distribution of ruminant livestock feeds if animal proteins as defined in 21
CFR 589.2000, as amended to March 1, 2001, are present in the manufacturing, storage,
or distribution facility or premises.
In the interest of uniformity, the secretary by rule shall consider and may adopt the regulations,
official definition of feed ingredients and official feed terms adopted by the Association of American
Feed Control Officials and published in the official publication of that organization and any
regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. § 301, et seq.), provided that the secretary may under this chapter promulgate such rules.
Section 3. That ARSD 12:53:01:14 be repealed.
Section 4. That ARSD 12:53:01:15 be repealed.
Section 5. That ARSD 12:53:01:16 be repealed.
Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\246.wpd
ANIMALS AND LIVESTOCK
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\247.wpd
CHAPTER 247
(SB 156)
Brand inspections.
ENTITLED, An Act to revise certain provisions regarding brand inspections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 40-18 be amended by adding a NEW SECTION to read:
If requested, the board may inspect livestock in this state located outside the livestock ownership
inspection area.
Section 2. That § 40-18-16 be amended to read:
40-18-16. The board may promulgate rules, pursuant to chapter 1-26, to:
(1) Describe prohibited brand symbols for various types of livestock and identify locations
on animals where a brand is permitted;
(2) Provide for the registration, transfer, and renewal of livestock brands;
(3) Establish a brand registration fee not to exceed twenty-five dollars;
(4) Establish a brand renewal fee not to exceed ten dollars per year or a brand renewal fee not
to exceed fifty dollars for each five-year ownership period and a brand transfer fee not to
exceed twenty-five dollars;
(5) Establish an ownership inspection fee not to exceed one dollar for each head of livestock;
(6) Establish recordable livestock brands;
(7) Establish law enforcement, ownership inspection, and transportation requirements within
or without the ownership inspection area;
(8) Establish a duplicate certificate fee not to exceed five dollars;
(9) Establish a mileage fee for inspectors not to exceed the rate set by the State Board of
Finance; and
(10) Establish an inspection fee for livestock located outside the ownership inspection area not
to exceed one dollar for each head of livestock.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\247.wpd
GAME, FISH, PARKS, AND FORESTRY
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\248.wpd
CHAPTER 248
(HB 1047)
Fur-bearing animals definition revised.
ENTITLED, An Act to revise certain provisions defining fur-bearing animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (11) of § 41-1-1 be amended to read:
(11) "Fur-bearing animals," opossum, muskrat, beaver, mink, marten, river otter, fisher,
blackfooted ferret, skunks (all species), raccoon, badger, red, grey and swift fox, coyote,
bobcat, lynx, weasel, and jackrabbit;
Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\248.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\249.wpd
CHAPTER 249
(HB 1148)
The eligibility to serve on the Game, Fish, and Parks Commission.
ENTITLED, An Act to revise certain provisions regarding the eligibility to serve on the Game, Fish,
and Parks Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-2-2 be amended to read:
41-2-2. Not more than four of the game, fish and parks commissioners may be members of the
same political party, and, at the time of their appointment, at least four shall be farmers actually
residing on a farm or working primarily on a farm, engaged in agriculture, deriving at least two-thirds of their gross annual incomes from crop or livestock production or both, and interested in
wildlife conservation. At the time of their appointment three commissioners shall reside west of the
Missouri River and five shall reside east of the Missouri River.
Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\249.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\250.wpd
CHAPTER 250
(HB 1106)
Hunting preference points may be granted
to persons age ten years or older.
ENTITLED, An Act to authorize hunting preference points to be granted to persons age ten years
or older.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-6-12 be amended to read:
41-6-12. Any person who is a resident of this state, as defined by this title, qualifies as a resident
for securing any a resident hunting or fishing license or preference points point. All other persons
A person who is not a resident of this state, as defined by this title, shall secure the an applicable
nonresident hunting and fishing licenses license or preference points point. No person under the age
of twelve years may be granted any a hunting license or preference point. However, any A person
who is ten years of age or older may be granted a hunting preference point. A person who is eleven
years of age and who will become twelve years of age during the period of September first through
to December thirty-first, inclusive, may be granted any a hunting license or preference point and may
be allowed to hunt beginning September first.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\250.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\251.wpd
CHAPTER 251
(HB 1046)
Certain residents to receive a big game license
during the Black Hills deer season.
ENTITLED, An Act to allow certain resident farmers or ranchers to receive a big game license
during the Black Hills deer season.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-6-19.3 be amended to read:
41-6-19.3. If a resident farmer or rancher who owns or leases for agricultural purposes the
minimum acreage of privately-owned farm or ranch land to qualify for landowner preference as
prescribed by rules promulgated by the Game, Fish and Parks Commission and who actually resides
on the land, or is an owner-operator of the land, has not received a big game license pursuant to § 41-6-19 that permits the harvest of a buck during the west river prairie deer season, east river deer
season, Black Hills deer season, or firearm antelope season set by the Game, Fish and Parks
Commission pursuant to § 41-2-18, the farmer or rancher may obtain one any-deer license, one any-antelope license, one license that has one any-deer tag and one any-antlerless deer tag, or one any-antelope and one doe/kid antelope tag that is valid only on lands owned or leased by the farmer or
rancher within any unit for the specified hunting season.
If a member of the immediate family of the farmer or rancher qualified to obtain a license under
this section has not received a big game license pursuant to § 41-6-19 that permits the harvest of a
buck during the west river prairie deer season, east river deer season,
Black Hills deer season, or
firearm antelope season set by the Game, Fish and Parks Commission pursuant to § 41-2-18, the
immediate family member may also obtain one any-deer license, one any-antelope license, one
license that has one any-deer tag and one any-antlerless deer tag, or one any-antelope and one
doe/kid antelope tag that is valid only on lands owned or leased by the resident farmer or rancher
within any unit for the specified hunting season.
Upon receipt of the application prescribed by the department and applicable fee, the Department
of Game, Fish and Parks shall issue a limited license that restricts the holder to the taking of the big
game animals as designated on the license only from the privately-owned farm or ranch lands owned
or leased by the resident farmer or rancher. The holder of the license may not take any big game
animal from land owned or leased by other persons.
Signed February 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\251.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\252.wpd
CHAPTER 252
(SB 137)
The minimum hunting age.
ENTITLED, An Act to revise certain provisions regarding the minimum hunting age.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-6-81 be amended to read:
41-6-81. Notwithstanding any provisions of Title 41 to the contrary, a resident of this state who
is at least ten and less than sixteen years of age is not required to possess a hunting license in order
to hunt if accompanied by a hunting mentor. A hunting mentor is the child's parent or guardian or
any other competent adult who has the written consent of the child's parent or guardian. The hunting
mentor shall be a resident of this state, shall be unarmed except as provided in this section, shall have
successfully completed a hunter safety or hunter education course that meets the requirements of
chapter 41-7, and shall possess a valid hunting license for the game being hunted. A child who hunts
pursuant to this section shall be under the immediate physical control and, direct supervision, and
responsibility of a hunting mentor at the time the child discharges a firearm or operates a bow and
arrow in the act of hunting. A hunting mentor may accompany no more than one mentored child at
any one time. No hunting party that includes a mentored child may include more than six persons,
regardless of whether or not members of the hunting party are hunting or possess or operate firearms.
A child who hunts pursuant to this section is subject to all requirements, restrictions, and penalties
specified in this title and in the rules promulgated pursuant to this title with respect to the species
being hunted, except that the combined number of animals taken or possessed by the child and the
hunting mentor may not exceed the number of animals authorized under licenses held by the hunting
mentor. A mentored child may not take big game under the provisions of this section except
antlerless deer, turkey, and doe-fawn antelope. No big game may be taken by a mentored child unless
the child's parent or legal guardian has been issued a license that designates the child as a mentored
child who is authorized to exercise the privileges granted by the license. The license is valid only for
the mentored child and is not transferable to another person. Application for or issuance of such
licenses does not affect the eligibility of the parent or legal guardian for any other big game license.
The requirement in this section that the hunting mentor be unarmed does not prohibit the hunting
mentor from possessing a permitted concealed pistol or other legally possessed handgun.
The Game, Fish and Parks Commission shall promulgate rules pursuant to chapter 1-26 to
establish criteria and conditions governing the hunter mentoring program established in this section.
Signed March 23, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\252.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\253.wpd
CHAPTER 253
(HB 1219)
The use of night vision equipment in hunting.
ENTITLED, An Act to revise certain provisions regarding the use of night vision equipment in
hunting.
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 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;
(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, with 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) A landowner or occupant, eighteen years of age or older, may issue written permission to
no more than two guests who may hunt unaccompanied by the landowner or occupant.
Any unaccompanied guest may use night vision equipment on the owner's or occupant's
land, with 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
(5) 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 February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\253.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\254.wpd
CHAPTER 254
(SB 68)
Assistance provided to counties by state firefighting resources.
ENTITLED, An Act to revise certain provisions regarding the assistance provided to counties by
state firefighting resources.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 41-20A-11 be amended to read:
41-20A-11. At the request of a board of county commissioners or a person designated by a board
of county commissioners for such purpose, the state wildland fire coordinator may assist in the
suppression of any range fire within the county. If the coordinator provides the any assistance
provided by the coordinator includes the use of more than six state employees and more than two
vehicles, the county to which the assistance is given shall reimburse the coordinator for the
reasonable expenses incurred in giving the assistance if the assistance includes the use of more than
one state vehicle and more than two state employees.
Signed March 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\254.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\255.wpd
CHAPTER 255
(HB 1081)
Effective date changed
regarding the recreational use of nonmeandered water.
ENTITLED, An Act to repeal the sunset clause regarding the recreational use of nonmeandered
water.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 21 of chapter 1 of the 2017 Special Session Laws be repealed.
Section 2. This Act is effective on June 29, 2018.
Signed March 9, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\255.wpd
RECREATION AND SPORTS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\256.wpd
CHAPTER 256
(SB 43)
The regulation of limited gaming in Deadwood.
ENTITLED, An Act to revise certain provisions regarding the regulation of limited gaming in
Deadwood, South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-7B-4 be amended to read:
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;
(1A) "Associated equipment," any equipment or any mechanical, electromechanical, or
electronic device, component, or machine, or any combination thereof, that is used
remotely or directly in connection with gaming or any gaming device;
(1B) "Associated equipment manufacturer or distributor," any person who designs, assembles,
fabricates, produces, constructs, sells, leases, or otherwise prepares a product or
component of any associated equipment;
(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 bets, payable by the
dealer, if the player holds cards more valuable than the dealer's cards;
(3A) "Cheating," any attempt to alter the elements of chance, method of selection, or criteria
that determines the:
(a) Result of a game;
(b) Amount or frequency of payment in a game;
(c) Value of a wagering instrument; or
(d) Value of a wagering credit;
(3B) "Cheating device," any computerized, electronic, electrical, or mechanical device, or any
software or hardware, or any combination thereof, that is designed, constructed, altered,
or programmed to obtain an advantage at playing any game in a licensed gaming
establishment or any game that is offered by a licensee including a device that:
(a) Projects the outcome of the game;
(b) Keeps track of cards played or cards prepared for play in the game;
(c) Tracks play and analyzes the probability of the occurrence of an event relating to
the game; or
(d) Tracks play and analyzes the strategy for playing or betting to be used in the game
except as may be made available as part of an approved game or otherwise
permitted by the commission;
(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;
(5B) "Fraudulent scheme," a dishonest or deceptive plan or arrangement used or intended to
be used to play a game or slot machine that gives any person an advantage when playing
a game or slot machine;
(5C) "Fraudulent technique," a dishonest or deceptive procedure or method of playing a game
or slot machine that gives any person an advantage when playing a game or slot machine;
(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;
(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-42 be amended to read:
42-7B-42. It is unlawful for any person playing or conducting any authorized game of chance,
conducted by a licensee to:
(1) Use bogus or counterfeit chips, tokens, devices, coins, tickets, cards, dice, or roulette
balls, or any other item of artificial value;
(2) Employ or have on one's person any cheating device to facilitate cheating in any game of
chance;
(3) Use any fraudulent scheme or technique; or
(4) Have located on the premises equipment for gaming that is not licensed by the
commission pursuant to this chapter except any equipment exempted by the commission,
this chapter, or other statutes.
A violation of this section is a Class 5 felony.
Section 3. That § 42-7B-43 be amended to read:
42-7B-43. All slot machines and associated equipment allowed under this chapter shall have the
security and audit specifications established in rules adopted by the commission. Section 4. That § 42-7B-12 be amended to read:
42-7B-12. Any person aggrieved by a final action of the commission may appeal the final action
to the circuit court pursuant to in accordance with the provisions of chapter 1-26. Notice of appeal
shall, however, be filed in writing with the commission and clerk of courts, within ten days from any
final action of the commission. However, however any denial of an application for a license under
§ 42-7B-19 is not appealable.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\256.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\257.wpd
CHAPTER 257
(SB 44)
A license for certain gaming equipment
manufacturers and distributors.
ENTITLED, An Act to establish a license for certain gaming equipment manufacturers and
distributors and to establish a license fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 42-7B-22 be amended to read:
42-7B-22. The commission may issue the following types of licenses which are required to
conduct gaming under this chapter:
(1) Slot machine manufacturer or distributor license. The license fee is one thousand dollars
and thereafter an annual fee renewable July first of each year in the sum of two hundred
fifty dollars. A slot machine manufacturer or distributor may not be licensed as a route
operator, operator, or retailer;
(2) Operator license. The license fee is one thousand dollars and thereafter an annual fee
renewable July first of each year of two hundred dollars;
(3) Retail license. The license fee is two hundred fifty dollars and thereafter an annual fee
renewable July first of each year of one hundred dollars;
(4) Support license. The license fee is fifty dollars and thereafter an annual fee renewable
January first of each year of twenty-five dollars. This license is required by all persons
seeking employment in the field of gaming;
(5) Key employee license. The license fee is one hundred fifty dollars and thereafter an
annual fee renewable January first of each year of seventy-five dollars;
(6) Route operator license. The license fee is one thousand dollars and thereafter an annual
fee renewable July first of each year of two hundred dollars. Each route operator shall also
hold a valid operator license;
(7) Gaming property owner license. The license fee is two hundred fifty dollars and thereafter
an annual fee renewable July first of each year of one hundred dollars; and
(8) Associated equipment manufacturer or distributor license. The license fee is five hundred
dollars and thereafter an annual fee renewable July first of each year of two hundred fifty
dollars.
Conducting gaming without the appropriate license is a Class 6 felony.
Signed March 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\257.wpd
PROPERTY
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\258.wpd
CHAPTER 258
(SB 45)
The sale of unclaimed property.
ENTITLED, An Act to revise certain provisions regarding the sale of unclaimed property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 43-41B-23 be amended to read:
43-41B-23. (a) Except as provided in subsections (b) and (c), the administrator, within three
years after the receipt of abandoned property, shall sell the property to the highest bidder at public
sale in whatever city in the state affords, in the judgment of the administrator, the most favorable
market for the property involved. The administrator may decline the highest bid and reoffer the
property for sale if in the judgment of the administrator the bid is insufficient. If in the judgment of
the administrator the probable cost of sale exceeds the value of the property, the property need not
be offered for sale. Any sale held under this section shall be preceded by a publication of notice, at
least three weeks in advance of sale, in a newspaper of general circulation in the county in which the
property is to be sold.
(b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time
of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time
of sale or by any other method the administrator considers advisable.
(c) The state treasurer shall sell all stocks, bonds, and other negotiable instruments within ninety
one hundred eighty days of confirmed receipt of such instruments, unless the property is on an open
claim. The state treasurer is not liable for any loss or gain in the value that the instrument would have
obtained had the instrument been held instead of being sold.
(d) The purchaser of property at any sale conducted by the administrator pursuant to this chapter
takes the property free of all claims of the owner or previous holder of the property and of all persons
claiming through or under the owner or previous holder. The administrator shall execute all
documents necessary to complete the transfer of ownership.
Section 2. That § 43-41B-25 be amended to read:
43-41B-25. (a) A person, excluding another state, claiming an interest in any property paid or
delivered to the administrator may file a claim on a form prescribed by the administrator and verified
by the claimant.
(b) The administrator shall consider each claim within
ninety one hundred eighty days after it is
filed and give written notice to the claimant if the claim is denied in whole or in part. The notice may
be given by sending the notice to the last address or, if any, stated in the claim as the address to
which notices are to be sent. If no address for notices is stated in the claim, the notice may be mailed
to the last address, if any, of the claimant as stated in the claim. No notice of denial need be given
if the claim fails to state either the last address to which notices are to be sent or the address of the
claimant.
(c) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property
or the amount the administrator actually received or the net proceeds if it has been sold by the
administrator, together with any additional amount required by § 43-41B-22. If the claim is for
property presumed abandoned under § 43-41B-10 which was sold by the administrator within ninety
days of confirmed receipt of the property, the amount payable for that claim is the net proceeds of
sale. When property is paid or delivered to the administrator under this chapter, the owner is not
entitled to receive income or other increments accruing thereafter.
Signed February 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\258.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\259.wpd
CHAPTER 259
(SB 119)
Fraudulent disability documentation when renting accommodations.
ENTITLED, An Act to provide certain provisions regarding the furnishing of fraudulent disability
documentation when renting accommodations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 43-32 be amended by adding a NEW SECTION to read:
For the purposes of this Act, the term, service animal, refers to any animal that serves a role for
an individual with a disability as an emotional support animal, any therapy animal, or any assistance
animal, and the term, disability, is a physical or mental impairment that substantially limits one or
more major life activities of a person.
Section 2. That chapter 43-32 be amended by adding a NEW SECTION to read:
A landlord may require reliable supporting documentation be provided by a tenant of a rental
dwelling unit, if the tenant asserts a disability requiring under any provision of law that a service
animal or assistance animal be allowed as an accommodation on the rented premises. A landlord may
not require supporting documentation from a tenant if the tenant's disability or disability-related need
for a service animal or assistance animal is readily apparent or already known to the landlord.
Section 3. That chapter 43-32 be amended by adding a NEW SECTION to read:
The supporting documentation shall confirm the tenant's disability and the relationship between
the tenant's disability and the need for the requested accommodation. The documentation shall
originate from a licensed health care provider who does not operate in this state solely to provide
certification for service or assistance animals.
Section 4. That chapter 43-32 be amended by adding a NEW SECTION to read:
If a person is found to have knowingly made a false claim of having a disability that requires the
use of a service animal or assistance animal or of knowingly providing fraudulent supporting
documentation in connection with such a claim, a lessor may evict a lessee and the lessor is entitled
to a damage fee, not to exceed one thousand dollars, from a lessee if the lessee provides fraudulent
disability documentation indicating a disability requiring the use of a service animal or assistance
animal.
Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\259.wpd
CORPORATIONS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\260.wpd
CHAPTER 260
(HB 1136)
Cooperatives, regulation revised.
ENTITLED, An Act to revise certain provisions related to cooperatives.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 47-15-1 be amended to read:
47-15-1. Terms used in chapters 47-15 to 47-20, inclusive, mean:
(1) "Articles," articles of incorporation;
(2) "Cooperative," a cooperative corporation which is subject to the provisions of chapters
47-15 to 47-20, inclusive;
(3) "Corporation," a corporation which is not a cooperative;
(4) "Electronic transmission" or "electronically transmitted," any process of communication
not directly involving the physical transfer of paper that is suitable for the retention,
retrieval, and reproduction of information by the recipient;
(5) "Entity," a domestic and foreign corporation, limited liability company, partnership,
cooperative or other legal entity, trust, domestic and foreign unincorporated entity or
association, and bodies politic;
(6) "Foreign cooperative," a cooperative association organized and operated on a cooperative
basis under the laws of any other state, territory, or possession of the United States, or of
the District of Columbia or any foreign state, province, or country;
(7) "Individual," any natural person;
(5)(8) "Member," a person who has been qualified and accepted for membership in a
cooperative;
(6)(9) "Patron," any person who purchases products or services provided in the normal course
of the business of a cooperative. The term "patron" does not include a telecommunications
company which purchases any products or services from a telecommunications
cooperative or pays any fees or settlements to a telecommunications cooperative, other
than local telecommunications services; and
(7)(10) "Person,"
includes individuals, firms, partnerships, limited liability companies,
unincorporated associations, cooperatives, corporations, and bodies politic an
entity or individual entity.
Section 2. That § 47-15-3 be amended to read:
47-15-3. Three or more natural persons individuals of legal age, one of whom must be a resident,
may form a cooperative by signing, acknowledging, filing, and recording articles of incorporation.
Section 3. That § 47-15-47 be amended to read:
47-15-47. Whenever If notice is required by chapters 47-15 to 47-20, inclusive, to be given to
any person, such the notice shall be given either personally or, by mail, or electronic transmission.
If mailed, such the notice is given when deposited in the United States mail, with postage prepaid
thereon, addressed to such person at his the person's address as it appears on the records of the
cooperative. If electronically transmitted, the notice is given when sent.
A signed waiver is equivalent to personal notice to the person so signing.
Section 4. That § 47-16-10 be amended to read:
47-16-10. At any member meeting of a cooperative composed of individual members and
member cooperative corporations entity members, each such individual member or corporate entity
member shall be is entitled to only one vote.
Section 5. That § 47-16-14 be amended to read:
47-16-14. An absent member of a cooperative may submit a signed vote by mail or electronic
means if he the member has been previously notified in writing of the exact motion or resolution
upon which the vote is taken. The bylaws may limit use of signed votes.
Section 6. That § 47-16-15 be amended to read:
47-16-15. In the absence of written notice that some a person has been designated to represent
a an entity member of a cooperativewho is other than a natural person, such, the member may be
represented by any of its principal officers. Unless the bylaws provide otherwise, an individual may
represent more than one such entity member, and may also vote as an individual if he the individual
is a member.
Section 7. That § 47-16-56 be amended to read:
47-16-56. If the
names and post office addresses of the person or persons name and address of
any person entitled to receive the money or property mentioned in § 47-16-54
are is shown
upon on
the records of the cooperative,
or are known to the secretary thereof and the money or property is of
the value of fifty dollars or more, a notice shall be mailed
or electronically transmitted to
such each
person
or persons at
their the last known
post office addresses, which address. The notice shall
describe the money or property referred to, state the name of
the each person
or persons who appear
who appears to be entitled
thereto to money or property as shown by the records of the cooperative,
and state that
said the money or property will be forfeited to the cooperative six months from the date
the notice is mailed
or electronically transmitted unless
said the money or property is claimed and
proper evidence of ownership is submitted within that time
; the. The notice shall be dated and signed
and mailed
or electronically transmitted on behalf of the cooperative by its secretary or any other
duly authorized
person individual.
Section 8. That § 47-17-1 be amended to read:
47-17-1. The business and affairs of a cooperative shall be managed by a board of directors.
Every Each director shall be a member or a representative of a member who is other than a natural
person an entity member. The bylaws shall prescribe any other qualifications for directors and may
provide that directors be from specified territorial districts.
Section 9. That § 47-17-10 be amended to read:
47-17-10. A signed waiver of notice of a meeting of the board of directors of a cooperative is
equivalent to personal notice to the person so individual signing the waiver. Attendance at a meeting
is a waiver of notice of such the meeting, except when a director attends the meeting and objects
thereat to the transaction of business because the meeting was not lawfully convened.
Section 10. That § 47-17-14 be amended to read:
47-17-14. The principal officers of a cooperative are a president, one or more vice-presidents as
prescribed in the bylaws, a secretary, and a treasurer. They The principal officers shall be elected
annually by the board of directors at such a time and in such manner as pursuant to the bylaws
provide. Each principal officer except the secretary and the treasurer must shall be a director of the
cooperative. The offices of secretary and treasurer may be combined in one person individual.
Section 11. That § 47-20-4 be amended to read:
47-20-4. Within nine months after the close of its fiscal year, each cooperative organized under
chapters 47-15 to 47-20, inclusive, shall mail or electronically transmit to each of its stockholders
or members, at their the stockholder's or member's last known post office addresses address, a
financial report signed by a principal officer, managing agent, or a public accountant, showing its
assets and liabilities and proceeds or loss for the preceding fiscal year.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\260.wpd
PUBLIC UTILITIES AND CARRIERS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\261.wpd
CHAPTER 261
(HB 1024)
South Dakota One Call, recast.
ENTITLED, An Act to revise certain provisions regarding South Dakota One Call.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-7A-2 be amended to read:
49-7A-2. The Statewide One-Call Notification Board is established as an agency of state
government administered by the Public Utilities Commission and funded solely by revenue generated
by the one-call notification center. The board is attached to the Public Utilities Commission only for
budgetary purposes. The board is solely responsible for all contractors and employment of any
personnel working for the board and retains responsibility for all funds of the board and all
expenditures thereof. The board is solely responsible for all functions and duties vested in the board
and the board shall exercise those functions and duties independent of the Public Utilities
Commission. Any interest earned on money in the state one-call fund shall be deposited in the fund.
The money is continuously appropriated to the board to implement and administer the provisions of
this chapter. The one-call notification center may be organized as a nonprofit corporation. The
one-call notification center shall provide a service through which a person can notify the operators
of underground facilities of plans to excavate and to request the marking of the facilities. All
operators are subject to this chapter and the rules promulgated thereto. Any operator who fails to
become a member of the one-call notification center or who fails to submit the locations of the
operator's underground facilities to the center, as required by this chapter and rules of the board, is
subject to applicable penalties under §§ 49-7A-18 and 49-7A-19 and is subject to civil liability for
any damages caused by noncompliance with this chapter. Any penalties which may be assessed by
the board under this chapter shall be collected as provided by law and deposited into the one-call
fund.
Section 2. That § 49-7A-28 be amended to read:
49-7A-28. If the amount of the penalty is not paid to the board, the Public Utilities Commission,
at the request of the board, shall bring an action in the name of the State of South Dakota to recover
the penalty in accordance with § 49-7A-33. No action may be commenced until after the time has
expired for an appeal from the findings, conclusions, and order of the board. The costs and expenses
on the part of the commission shall be paid by the board.
Section 3. That chapter 49-7A be amended by adding a NEW SECTION to read:
On the first day of January of each year, the board shall make an annual report of its activities
to the Governor and the Legislature containing the facts, statements, and explanations deemed
necessary by the board to fully disclose its transactions and conduct.
Section 4. The provisions of this Act shall take effect on July 1, 2019.
Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\261.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\262.wpd
CHAPTER 262
(HB 1159)
Notification regarding damage of underground facilities.
ENTITLED, An Act to revise certain notification provisions regarding damage of underground
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-7A-12 be amended to read:
49-7A-12. If any underground facility is damaged, dislocated, or disturbed in advance of or
during excavation work, the excavator shall immediately notify the operator of the facility, or, if
unknown, the one-call notification center and, if known, the operator of the facility of such the
damage, dislocation, or disturbance. No excavator may conceal or attempt to conceal such any
damage, dislocation, or disturbance, nor may that excavator attempt to make repairs any repair to the
facility unless authorized by the operator of the facility. If the damage, dislocation, or disturbance
results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator shall
immediately report the escape to the authorities by calling the 911 emergency telephone number and
notifying the one-call notification center and, if known, the operator of the facility.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\262.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\263.wpd
CHAPTER 263
(SB 21)
Federal motor carrier regulations, references 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, 2017 2018, 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, 2017 2018, 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 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\263.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\264.wpd
CHAPTER 264
(HB 1014)
The application of the intrastate exemption
for certain commercial motor vehicles revised.
ENTITLED, An Act to revise certain provisions regarding the application of the intrastate exemption
for certain commercial vehicles from the federal motor carrier regulations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-28A-3 be amended to read:
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, 2017, 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, 2017, 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 two 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 14, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\264.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\265.wpd
CHAPTER 265
(HB 1213)
Telephone and telegraph corporations, formation revised.
ENTITLED, An Act to revise certain provisions regarding telephone and telegraph corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-30-1 be amended to read:
49-30-1. Any number of persons not less than five three may form a corporation for the purpose
of constructing, maintaining, and operating lines of telegraph or telephone in this state, and for the
purpose of carrying on the business of a telegraph or telephone company, or for the purpose of
maintaining and operating any lines of telegraph or telephone already constructed, by making articles
of incorporation in which shall be stated:
(1) The name of the corporation, which may not be the same as that of any other corporation
owning or operating lines of telegraph or telephone in this state;
(2) The place from which and to which such lines of telegraph or telephone are to be
constructed, or maintained and operated, as the case may be;
(3) The estimated length of such lines of telegraph or telephone, and the name of each county
in this state through or into which they are extended or intended to be constructed;
(4) The amount of capital stock of the corporation, the number of shares of which it shall
consist, and, if such stock shall consist of common and preferred stock, the number and
amount of each class;
(5) The names and residences of the directors of the corporation who shall manage its affairs
for the first year and until others are chosen in their places, and who may not be less than
five three nor more than thirteen in number;
(6) The term for which the corporation shall exist, which may be perpetual;
(7) The place within this state where the principal office of the corporation shall be
maintained, and where the corporate records and stock books of the corporation shall be
kept.
Each of the incorporators shall subscribe to the articles of incorporation the incorporator's name,
place of residence, and the number of shares of stock the incorporator agrees to take in such
corporation.
Section 2. That § 49-30-13 be amended to read:
49-30-13. There shall be a board of not less than five three nor more than thirteen directors of
every corporation organized under this chapter to manage its affairs, who shall be elected at such the
time, in such the manner and for such the terms as shall be are prescribed by its bylaws, and shall
hold their offices until the respective successors shall be are chosen. No person shall may be a
director unless he shall be the person is a stockholder, owning stock absolutely in his the person's
own name or as a trustee or personal representative, and qualified to vote at the election at which he
shall be the person is chosen.
Signed March 5, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\265.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\266.wpd
CHAPTER 266
(HB 1168)
The abandonment or dissolution of television translator districts.
ENTITLED, An Act to revise certain provisions regarding the abandonment or dissolution of
television translator districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-32A-21 be amended to read:
49-32A-21. If at any time a petition for abandonment of the television district, signed by not less
than fifty-one percent of the voters is filed with the board of trustees, the board of trustees shall
forthwith notify the board or boards of county commissioners which created the district, and such
board or boards of county commissioners shall by resolution immediately declare the district
abandoned. If a board of county commissioners finds, following a public hearing or hearings, that
the continued existence of a television translator district would no longer serve the purposes of this
chapter, it may by resolution order the district dissolved. In the case of a television translator district
that includes more than one county, each board of county commissioners must order the district
dissolved by resolution. All properties and money remaining after the satisfaction of all debts and
obligations of such the abandoned district shall be deposited to the credit of the general fund of the
county. If the abandoned district embraced areas in more than one county, properties and moneys
remaining after the satisfaction of all debts and obligations of such the abandoned district shall be
deposited to the credit of the general funds of such the relevant counties in proportion to the
population in each county which that was served by the district.
Signed March 7, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\266.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\267.wpd
CHAPTER 267
(HB 1023)
Pipeline safety revisions.
ENTITLED, An Act to repeal certain provisions regarding pipeline safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-34B-2 be repealed.
Signed February 22, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\267.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\268.wpd
CHAPTER 268
(SB 26)
Public grain buyers requirements changed.
ENTITLED, An Act to revise certain provisions regarding public grain buyers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-45-7.1 be amended to read:
49-45-7.1. An applicant may apply for a Class A grain buyer's license or a Class B grain buyer's
license. No grain buyer with a Class B grain buyer's license may purchase grain in excess of ten five
million dollars for the annual licensed period or enter into voluntary credit sale contracts. The
commission shall require an applicant for a Class A grain buyer's license to submit a more detailed
review of its financial condition than an applicant for a Class B grain buyer's license.
Section 2. That § 49-45-9 be amended to read:
49-45-9. Before any grain buyer license is issued by the commission, the applicant shall file with
the commission a bond conditioned to secure the faithful performance of the applicant's obligations
as a grain buyer and full and unreserved compliance with the laws of this state and the rules of the
commission, relating to the purchase of grain by the grain buyer. The bond is for the specific purpose
of protecting persons selling grain to the grain buyer. However, the bond may not benefit any person
entering into a voluntary credit sale with a grain buyer. Any person who does business as a grain
buyer without a bond is guilty of a Class 1 misdemeanor. Each day a person conducts the business
of a grain buyer without a bond is a separate offense.
The amount of the bond for a Class A or Class B grain buyer's license shall be based on a rolling
average of the dollar amount of grain purchased by the applicant in South Dakota during the last
three calendar years. For a new grain buyer, the first year's bond shall be based on projected
purchases. For a grain buyer with less than three years experience as a grain buyer, the bond shall
be based on the average actual purchases made by the grain buyer in all of its previous years as a
grain buyer or projected purchases, whichever amount is higher. The bond applies to all grain
purchases for all of the grain buyer's business locations.
The amount of the bond for a Class A grain buyer's license is:
|
Dollar Amount of Grain Purchased
|
Bond Requirement
|
|
Less than $2,000,001
|
$50,000
|
|
$2,000,001--$5,000,000
|
$100,000
|
|
$5,000,001-$10,000,000
|
$150,000
|
|
$10,000,001-$20,000,000
|
$200,000
|
|
$20,000,001-$30,000,000
|
$250,000
|
|
$30,000,001-$40,000,000
|
$300,000
|
|
$40,000,001-$55,000,000
|
$350,000
|
|
$55,000,001-$70,000,000
|
$400,000
|
|
$70,000,001-$85,000,000
|
$450,000
|
|
$85,000,001-$100,000,000
|
$500,000
|
Bond requirements are increased twenty-five thousand dollars for each additional ten million
dollars in purchases above one hundred million dollars.
The amount of the bond for a Class B grain buyer's license is:
|
Dollar Amount of Grain Purchased
|
Bond Requirement
|
|
Less than $2,000,001
|
$50,000
|
|
$2,000,001--$5,000,000
|
$100,000
|
$5,000,001--$10,000,000
|
$150,000
|
The grain buyer may stipulate to a higher bond amount requested by the commission or may post
additional security in another form.
Section 3. That § 49-45-22 be amended to read:
49-45-22. A grain buyer with a Class A license shall keep all company owned grain in the grain
buyer's possession insured at current market value of the grain against loss by fire, windstorm, and
extended coverage risks. The grain buyer shall furnish the commission with proof of the insurance
when the grain buyer applies for a license. A grain buyer with a Class A license shall submit a
quarter-ending balance sheet to the commission for inspection within thirty days of the end of each
quarter. The balance sheet reports shall be based on each grain buyer's fiscal year. A violation of this
section is a Class 1 misdemeanor.
Signed February 8, 2018
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End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\268.wpd
AVIATION
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\269.wpd
CHAPTER 269
(HB 1258)
Aviation.
ENTITLED, An Act to revise certain provisions regarding aviation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 50-1-1 be amended to read:
50-1-1. Terms as used in this title mean:
(1) "Aeronautical information manual," the official guide to aviation and flight activity in the
United States, including airspace, air traffic control procedures, and other procedures
related to flight safety as published by the Federal Aviation Administration;
(2) "Aeronautics," the act or practice of the art and science of transportation by aircraft, and
operation, the science, art, and physics of flight. The term also means the method or act
of construction, repair, or maintenance of aircraft, airports, or air navigation facilities
airport facilities, aircraft, and aviation facilities;
(2)(3) "Air traffic," aircraft operating in the air or on an airport surface other than a loading ramp
and parking area;
(4) "Air traffic control," a service operated by an authority under FAA oversight to promote
the safe, orderly, and expeditious flow of air traffic in the United States;
(5) "Aircraft," any powered contrivance used or designed for navigation of, or a device that
is used, intended to be used, or designed for flight in, the air. The term includes any
airplane, balloon, civil aircraft, drone, glider, helicopter, and public aircraft;
(3)(6) "Airplane," an engine-driven fixed-wing aircraft, heavier than air, that is supported in
flight by the dynamic reaction of the air against the aircraft's wings;
(7) "Airport," any area, either of land or water, which is used, or intended for use to be used,
for the landing and take-off of aircraft, and any appurtenant areas which are used, or
intended for use, for airport buildings or other airport facilities area, structure, facility, or
rights right of way, together with all airport buildings and facilities located thereon to
facilitate that use. The term includes any military airport, private airport, public airport,
and temporary airport;
(4)(8) "Anemometer," an instrument for measuring and recording the speed of the wind for
purposes of documenting whether a site has wind resources sufficient for the operation
of a wind turbine generator;
(9) "Anemometer tower," a structure, including any guy wire or accessory facility, on which
an anemometer is mounted;
(10) "Aviation," the act, science, or practice of flight or transportation by aircraft;
(11) "Aviation facility," any facility that supports aviation activities, including any airport,
heliport, and navigational aid;
(12) "Balloon," an aircraft that is not engine-driven, is lighter than air, and sustains flight
through the use of gas buoyancy or an airborne heater;
(13) "Civil aircraft," any aircraft other than a public aircraft;
(5)(14) "Commission," the South Dakota Aeronautics Commission;
(6)(15) "Controlled airspace," airspace of specific and defined classifications and
dimensions inside of which air traffic control services are provided;
(16) "Department," the South Dakota Department of Transportation;
(7)(17) "Drone," a small unmanned aircraft system;
(18) "Federal Aviation Administration," the federal authority regulating any aspect of civil
aviation in the United States, including air traffic management, construction and operation
of any airport, and the certification of pilots, aviation personnel, and aircraft;
(19) "Federal aviation regulations," the rules promulgated by the Federal Aviation
Administration governing any aviation activity in the United States;
(20) "Glider," an aircraft that is heavier than air, supported in flight by the dynamic reaction
of the air against its lifting surfaces, and the flight of which does not depend principally
on an engine;
(21) "Helicopter," a type of aircraft that derives both lift and propulsion from one or more sets
of horizontally revolving overhead rotors, is capable of moving vertically and
horizontally, and for which the direction of motion is controlled by the pitch of the rotor
blades;
(22) "Heliport," an area of land, water, or a structural surface, used or intended for use as a
landing and take-off area for helicopters. The term includes both public and private
heliports;
(23) "Military airport," any military air base, air station, airfield, or other area, publicly or
privately owned, that is designed, set aside, and operated by the state, a political
subdivision of the state, or the United States, for civil or national defense, or for any
federal program relating to flight, or for the operation of military aircraft, and used in the
interest of the public for those purposes;
(24) "Navigational aid," any device external to an aircraft specifically intended to assist a pilot
in determining the aircraft's position and safe course;
(25) "Prescribed adjusted height," a height adjusted upward seventeen feet for an interstate
highway, fifteen feet for any other public road, ten feet or the height of the highest mobile
object that would normally traverse the road, whichever is greater, for a private road, and
twenty-three feet for a railroad;
(8)(26) "Private airport," any privately owned airport that is open to and available for use
only by the owner and the owner's invitees;
(9)(27) "Public aircraft," any aircraft, including military aircraft, used exclusively in the
governmental service, including military and naval aircraft, or of any state or
territory thereof of the United States;
(10)(28) "Public airport," any airport, whether publicly or privately owned, that is open to
and available to the public for use by the flying public aviation activity;
(29) "Structure" any object constructed by human action;
(30) "Small unmanned aircraft system" or "sUAS," any unmanned aircraft and its associated
elements that is operated without the possibility of direct human intervention from within
or on the aircraft, and that weighs not more than fifty-five pounds, including anything that
is onboard or otherwise attached to the aircraft;
(31) "Temporary airport," any airport established and set aside for the operation of aircraft for
transitory or impermanent purposes;
(32) "Uncontrolled airspace," any portion of airspace in the United States that has not been
designated as controlled airspace.
Section 2. That § 50-2-2.1 be amended to read:
50-2-2.1. The commission may promulgate rules pursuant to chapter 1-26 regarding:
(1) The design, layout, location, construction, operation, equipping, and use of all public
airports;
(2) The establishment, location, maintenance, and operation of all air markings, air beacons
and other navigation facilities navigational aids; and
(3) The operation of aerial applicators or operators including minimum standards, class
definitions, and safety requirements.
Section 3. That § 50-2-5 be amended to read:
50-2-5. The commission shall foster air commerce within the State of South Dakota state. The
commission shall supervise the aeronautical activities and facilities within the state, including
supervision and control over all airports, air marking, air beacons, and all other air navigation and
aviation facilities.
Section 4. That § 50-2-12 be amended to read:
50-2-12. The commission shall approve the expenditure and disbursement of moneys
appropriated and available for matching purposes and for the construction, development, operation,
marking, and maintenance of airports, and air navigation airport facilities.
Section 5. That § 50-4-2 be amended to read:
50-4-2. The department may, on behalf of and in the name of the state, out of appropriations and
other moneys made available for such purposes, construct, improve, maintain, mark, and operate
airports and other air navigation aviation facilities either within or without this state and to assist
financially counties, municipalities, and organized townships in constructing, improving,
maintaining, marking, and operating airports and other air navigation aviation facilities within or
without the state. For such purposes the department may exercise all of the powers and authority
conferred upon municipal corporations by this title.
Section 6. That § 50-4-3 be amended to read:
50-4-3. The department may cooperate with the government of the United States, and any agency
or department thereof, in the acquisition, construction, improvement, maintenance, and operation
of airports and other navigation aviation facilities in this state.
Section 7. That § 50-4-4 be amended to read:
50-4-4. The department may accept and receive federal moneys and other moneys either public
or private, for and on behalf of the state, counties, or municipalities, for the acquisition, construction,
improvement, maintenance, and operation of airports and other air navigation aviation facilities,
whether the work is to be done by the state, counties, or municipalities, or jointly, aided by grants
of aid from the United States.
Section 8. That § 50-4-5 be amended to read:
50-4-5. The department shall act as an agent of any county or municipality of this state upon the
request of the county or municipality, in accepting, receiving and receipting for any moneys for
airports or other air navigation facility aviation purposes, and in contracting for the acquisition,
construction, improvement, maintenance, or operation of airports or other air navigation aviation
facilities, financed either in whole or in part by federal moneys. The governing body of the county
or municipality shall designate the department as its agent for such purposes and to enter into an
agreement with the department prescribing the terms and conditions of the agency.
Section 9. That § 50-4-7 be amended to read:
50-4-7. All contracts for the acquisition, construction, improvement, maintenance, and operation
of airports, or other air navigation aviation facilities made by the department, either as the agent of
this state or as the agent of any county or municipality, shall be made pursuant to the laws of this
state governing the making of like contracts.
Section 10. That § 50-5-7 be amended to read:
50-5-7. If the commission deems it necessary, the commission may order the closing of any
airport, or order any other air navigation aviation facility to cease operations until it complies with
the requirements established by the commission.
Section 11. That § 50-5-8 be amended to read:
50-5-8. The commission or the commission's agent may inspect and examine at reasonable hours,
to carry out the provisions of this title, any premises, and the buildings and other structures thereon,
where the airports or other air navigation aviation facilities are operated.
Section 12. That § 50-6A-1 be amended to read:
50-6A-1. Terms used in this chapter mean:
(1) "Airport authority" or "authority," any regional airport authority created pursuant to the
provisions of this chapter;
(2) "
Air navigation Airport facility," any facility, other than one owned and operated by the
United States, used in, available for use in, or designed for use in
the aid of air navigation
aviation, including any structures, mechanisms, lights, beacons, markers, communicating
systems, or other instrumentalities, or devices, used or useful as an aid, or constituting an
advantage or convenience, to the safe taking off
, navigation, and landing of aircraft, or the
safe and efficient operation or maintenance of an airport, or any combination of any or all
of such facilities;
(2) "Airport authority" or "authority," any regional airport authority created pursuant to the
provisions of this chapter;
(3) "Airport hazard," any structure, object of natural growth, or use of land which that
obstructs the airspace required for the flight of aircraft in landing or taking off at an
airport or is otherwise hazardous to such landing or taking off of aircraft;
(4) "Bonds," any bonds, notes, interim certificates, debentures, or similar obligations issued
by an authority pursuant to this chapter;
(5) "Governing body," the official or officials authorized by law to exercise ordinance or
other lawmaking powers of a political subdivision;
(6) "Person," a person as defined by subdivision 2-14-2(18) as well as any joint stock
association, or body politic; and includes any trustee, receiver, assignee, or other similar
representative thereof;
(7) "Political subdivision" or "subdivision," any county, municipality, or other public body
of this state;
(8) "Project," any airport operated by an authority, including all real and personal property,
structures, machinery, equipment and appurtenances or facilities that are part of the
airport or used or useful in connection therewith either as ground facilities for the
convenience of handling aviation equipment, passengers and freight or as part of aviation
operation, air navigation and air safety operation aviation and air safety operations; and
(9) "Real property," lands, structures and interests in land, including lands under water and
riparian rights, and any and all things and rights usually included within the term real
property, including not only fee simple absolute but also any and all lesser interests, such
as easements, rights of way, uses, leases, licenses, and all other incorporeal hereditaments
and every estate, interest or right, legal or equitable, pertaining to real property.
Section 13. That § 50-6A-14 be amended to read:
50-6A-14. For the purpose of aiding and cooperating in the planning, undertaking, construction,
or operation of airports and air navigation aviation facilities pursuant to the provisions of this
chapter, any subdivision for which an authority has been created may, upon such terms, with or
without consideration, as it may determine:
(1) Lend or donate money to the authority;
(2) Provide that all or a portion of the taxes or funds available or to become available to, or
required by law to be used by, the subdivision for airport purposes, be transferred or paid
directly to the airport authority as such funds become available to the subdivision;
(3) Cause water, sewer, or drainage facilities, or any other facilities which it is empowered
to provide, to be furnished adjacent to or in connection with such airports or air
navigation aviation facilities;
(4) Dedicate, sell, convey, or lease any of its interest in any property, or grant easements,
licenses, or any other rights or privileges therein to the authority;
(5) Furnish, dedicate, close, pave, install, grade, regrade, plan, or replan streets, roads,
roadways, and walks from established streets or roads to such airports or
air navigation
aviation facilities;
(6) Do any and all things, whether or not specifically authorized in this section and not
otherwise prohibited by law, that are necessary or convenient to aid and cooperate with
the authority in the planning, undertaking, construction, or operation of airports and air
navigation aviation facilities; and
(7) Enter into agreements with the authority respecting action to be taken by the subdivision
pursuant to the provisions of this section.
Section 14. That § 50-6A-16 be amended to read:
50-6A-16. A regional airport authority shall have the power to may plan, establish, acquire,
develop, construct, purchase, enlarge, improve, maintain, equip, operate, regulate, and protect
airports and air navigation aviation facilities, within this state and within any adjoining state,
including the acquisition, construction, installation, equipment, maintenance, and operation at such
airports or buildings and other facilities for the servicing of aircraft or for comfort and
accommodation of air travelers, and the purchase and sale of supplies, goods, and commodities as
are incident to the operation of its airport properties. For such purposes an authority may by
purchase, gift, devise, lease, eminent domain proceedings or otherwise, acquire property, real or
personal, or any interest therein, including easements in airport hazards or land outside the
boundaries of an airport or airport site, as are necessary to permit the removal, elimination,
obstruction-marking, or obstruction-lighting of airport hazards or to prevent the establishment of
airport hazards.
Section 15. That § 50-6A-17 be amended to read:
50-6A-17. An authority shall have the power to may acquire, by purchase, gift, devise, lease,
eminent domain proceedings, or otherwise, existing airports and air navigation aviation facilities;
provided, however,. However an authority shall may not acquire or take over any airport or air
navigation aviation facility owned or controlled by another authority, a subdivision, or public agency
of this or any other state without the consent of such the authority, subdivision, or public agency.
Section 16. That § 50-6A-28 be amended to read:
50-6A-28. An authority may designate the department as the authority's agent to accept, receive,
receipt for, and disburse federal and state moneys, and other moneys, public or private, made
available by grant or loan or both, to accomplish in whole or in part, any of the purposes of this
chapter. The authority shall designate the department as the authority's agent in contracting for and
supervising the planning, acquisition, development, construction, improvement, maintenance,
equipment, or operation of any airport or other air navigation aviation facility.
An authority shall enter into an agreement with the department prescribing the terms and
conditions of the agency in accordance with any terms and conditions as are prescribed by the United
States, if federal money is involved, and in accordance with the applicable laws of this state. All
federal moneys accepted under this section by the department shall be accepted and transferred or
expended by the department upon any terms and conditions as are prescribed by the United States.
All moneys received by the department pursuant to this section shall be deposited in the state
treasury, and unless otherwise prescribed by the agency from which the moneys were received, shall
be kept in separate funds designated according to the purposes for which the moneys were made
available, and shall be held by the state in trust for such purposes.
Section 17. That § 50-6A-30 be amended to read:
50-6A-30. Any bonds issued pursuant to this chapter by an authority shall be payable, as to
principal and interest, solely from revenues of an airport or air navigation airport facility or facilities,
and shall so state on their face, but if any such issue of bonds constitutes an indebtedness within the
meaning of any constitutional or statutory debt limitation or restriction, each bond of the issue shall
be an equally valid and binding special obligation of the authority in accordance with its terms, in
an amount proportionate to the total amount of the issue which is within such limitation or
restriction.
Section 18. That § 50-6A-38 be amended to read:
50-6A-38. In connection with the operation of an airport or air navigation airport facility owned
or controlled by an authority, the authority may enter into contracts, leases, and other arrangements
for terms not to exceed thirty years with any persons:
(1) Granting the privilege of using or improving the airport or air navigation airport facility
or any portion or facility thereof or space therein for commercial purposes;
(2) Conferring the privilege of supplying goods, commodities, things, services, or facilities
at the airport or air navigation airport facility; and
(3) Making available services to be furnished by the authority or its agents at the airport or
air navigation airport facility.
In each case the authority may establish the terms and conditions and fix the charges, rentals, or
fees for the privileges or services, which shall be reasonable and uniform for the same class or
privilege or service and shall be established with due regard to the property and improvements used
and the expenses of operation to the authority
; provided that. However, in no case
shall may the
public be deprived of its rightful, equal, and uniform use of the airport,
air navigation airport facility,
or portion or facility thereof.
Section 19. That § 50-6A-40 be amended to read:
50-6A-40. Except as may be limited by the terms and conditions of any grant, loan or agreement,
authorized by §§ 50-6A-27 and 50-6A-28, an authority may, by sale, lease, or otherwise, dispose of
any airport, air navigation airport facility, or other property, or portion thereof or interest therein,
acquired pursuant to this chapter. Such The disposal by sale, lease, or otherwise, shall be in
accordance with the laws of this state governing the disposition of other public property, except that
in the case of disposal to another authority, a subdivision, or an agency of the state or federal
government for use and operation as a public airport, the sale, lease, or other disposal may be
effected in such manner and upon such terms as the commissioners of the authority may deem in the
best interest of civil aviation.
Section 20. That § 50-6A-41 be amended to read:
50-6A-41. An authority is authorized to may adopt, amend, and repeal such reasonable
resolutions, rules, regulations, and orders as it shall deem deems necessary for the management,
government, and use of any airport or air navigation airport facility owned by it or under its control.
No rule, regulation, order, or standard prescribed by the commission shall be inconsistent with, or
contrary to, any act of the Congress of the United States or any regulation promulgated or standard
established pursuant thereto. The authority shall keep on file at the principal office of the authority
for public inspection a copy of all its rules and regulations.
Section 21. That § 50-6A-45 be amended to read:
50-6A-45. Public agencies acting jointly pursuant to §§ 50-6A-42 to 50-6A-51, inclusive, shall
create a joint board which shall consist of members appointed by the governing body of each
participating public agency. The number to be appointed, their term and compensation, if any, shall
be provided for in the joint agreement. Each joint board shall organize, select officers for such terms
as are fixed by the agreement, and adopt and amend from time to time rules for its own procedure.
The joint board shall have power may, as agent of the participating public agencies, to plan, acquire,
establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police
any airport or air navigation, airport facility, or airport hazard to be jointly acquired, controlled and
operated, and the. The board may be authorized by the participating public agencies to exercise on
behalf of its constituent public agencies all the powers of each with respect to the airport, air
navigation airport facility, or airport hazard, subject to the limitations of §§ 50-6A-46 to 50-6A-51,
inclusive .
Section 22. That § 50-6A-47 be amended to read:
50-6A-47. No airport, air navigation airport facility, airport hazard, or real or personal property,
the cost of which is in excess of sums fixed therefor by the joint agreement or allotted in the annual
budget, may be acquired, established, or developed by the joint board without the approval of the
governing bodies of its constituent public agencies.
Section 23. That § 50-6A-50 be amended to read:
50-6A-50. For the purpose of providing the joint board with moneys for the necessary
expenditures in carrying out the provisions of §§ 50-6A-42 to 50-6A-51, inclusive, a joint fund shall
be created and maintained, into which shall be deposited the share of each of the constituent public
agencies as provided by the joint agreement. Any federal, state, or other grants, contributions, or
loans, and the revenues obtained from the joint ownership, control, and operation of any airport or
air navigation airport facility under the jurisdiction of the joint board shall be paid into the joint fund.
Disbursements from such the fund shall be made by order of the board, subject to the limitations
prescribed in §§ 50-6A-46 to 50-6A-51, inclusive.
Section 24. That § 50-6A-51 be amended to read:
50-6A-51. The joint board shall may not dispose of any airport, air navigation airport facility,
or real property under its jurisdiction except with the consent of the governing bodies of its
constituent public agencies, provided that the joint board may, without such consent, enter into
contracts, leases, or other arrangements contemplated by §§ 50-6A-38 and 50-6A-39.
Section 25. That § 50-6A-52 be amended to read:
50-6A-52. The acquisition of any land, or interest therein, pursuant to this chapter, the planning,
acquisition, establishment, development, construction, improvement, maintenance, equipment,
operation, regulation, and protection of airports and air navigation airport facilities, including the
acquisition or elimination of airport hazards, and the exercise of any other powers herein granted to
authorities and other public agencies, to be severally or jointly exercised, are hereby declared to be
public and governmental functions, exercised for a public purpose, and matters of public necessity.
All land and other property and privileges acquired and used by or on behalf of any authority or other
public agency in the manner and for the purposes enumerated in this chapter shall and are hereby
declared to be acquired and used for public and governmental purposes and as a matter of public
necessity.
Section 26. That § 50-7-2.2 be amended to read:
50-7-2.2. This state or any governmental agency of this state having any powers with respect to
planning, establishing, acquiring, developing, constructing, enlarging, improving, maintaining,
equipping, operating, regulating, or protecting airports or air navigation aviation facilities within this
state, may exercise those powers within any state or jurisdiction adjoining this state, subject to the
laws of that state or jurisdiction.
Section 27. That § 50-7-2.3 be amended to read:
50-7-2.3. Any state adjoining this state or any governmental agency thereof may plan, establish,
acquire, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports
and air navigation airport facilities within this state, subject to the laws of this state applicable to
airports and air navigation airport facilities. The adjoining state or governmental agency shall have
the power of eminent domain in this state, which shall be exercised in the manner provided by the
laws of this state governing condemnation proceedings; provided that the. The power of eminent
domain shall may not be exercised unless the adjoining state authorizes the exercise of that power
therein by this state or any governmental agency thereof having any of the powers mentioned in this
section and § 50-7-2.2.
Section 28. That § 50-7-10 be amended to read:
50-7-10. The governing body of any governmental agency shall designate the department as the
body's agent to accept, receive, and receipt for federal moneys in the body's behalf for airport
purposes, and to contract for the acquisition, construction, enlargement, improvement, maintenance,
equipment, or operation of airports, or other air navigation aviation facilities. The governmental
agency may enter into an agreement with the department prescribing the terms and conditions of the
agency. The federal moneys shall be paid to the municipality or county under such terms and
conditions as may be imposed by the United States government in making the grant.
Section 29. That § 50-7-11 be amended to read:
50-7-11. Any contract for the acquisition, construction, enlargement, improvement, maintenance,
equipment, or operation of any airport or any other air navigation aviation facility, made by the
governmental agency itself, or through the agency of the department, shall be made pursuant to the
laws of this state governing the making of like contracts.
Section 30. That § 50-9-1 be amended to read:
50-9-1. Any person or organization who intends to construct or alter a structure shall submit an
application and obtain an approval permit from the commission for any construction or alteration
that:
(1) Exceeds two hundred feet above ground level;
(2) Is within twenty thousand feet of a state approved public airport or military airport that
has at least one runway more than three thousand two hundred feet in actual length and
the construction or alteration exceeds a one hundred to one surface ratio from any point
on the runway;
(3) Is within ten thousand feet of a state approved public airport or military airport that has
its longest runway no more than three thousand two hundred feet in actual length and the
construction or alteration exceeds a fifty to one surface ratio from any point on the
runway;
(4) Is within five thousand feet of a state approved public heliport and the construction or
alteration exceeds a twenty-five to one surface ratio; or
(5) Is a highway, railroad, or other traverse way that the prescribed adjusted height exceeds
the standards provided in this section.
No application is needed if the construction or alteration of a structure would be shielded by an
existing structure of a permanent and substantial character within the corporate limits of a
municipality or by natural terrain or topographic features of equal or greater height. It must be
evident beyond any reasonable doubt that the construction or alteration of the structure so shielded
does not adversely affect safety in air navigation. For the purposes of this section, the term, structure,
means any object constructed by human action aviation.
Any person or organization, who intends to construct or alter a structure that exceeds two
hundred feet above ground level and that is outside the zones described in this section and who has
obtained a Federal Aviation Administration determination of no hazard, may provide that
determination to the commission prior to the start of construction in lieu of the application and
permit required by this chapter.
Section 31. That § 50-9-10 be amended to read:
50-9-10. If conflicting jurisdiction arises over the control of the erection of a building, structure,
tower, or hazard in relation to an airport, airway, or air navigation airport facility between the
commission and any political subdivision of the state, the commission may overrule, change, modify,
or amend zoning rules and regulations adopted by any political subdivision or by any airport zoning
board created by a political subdivision under the laws of this state, after a public hearing in which
all parties have been given an opportunity to be heard.
Section 32. That § 50-9-13 be amended to read:
50-9-13. Any anemometer tower that is fifty feet in height above the ground or higher, that is
located outside the exterior boundaries of any municipality, and whose appearance is not otherwise
mandated by state or federal law shall be marked, painted, flagged, or otherwise constructed to be
recognizable in clear air during daylight hours. Any anemometer tower that was erected before July
1, 2010 shall be marked as required in this section within one year after July 1, 2010. Any
anemometer tower that is erected on or after July 1, 2010 shall be marked as required in this section
at the time it is erected. Marking required under this section includes marking the anemometer tower,
guy wires, and accessory facilities as follows:
(1) The top one-third of the anemometer tower shall be painted in equal, alternating bands of
aviation orange and white, beginning with orange at the top of the tower and ending with
orange at the bottom of the marked portion of the tower;
(2) Two marker balls shall be attached to and evenly spaced on each of the outside guy wires;
(3) The area surrounding each point where a guy wire is anchored to the ground Where an
anemometer tower has guy wires anchored to the ground, the anchor points shall have a
contrasting appearance with any surrounding vegetation. If the adjacent land is grazed, the
area surrounding the anchor point shall be fenced. For purposes of this section, the term,
area surrounding the anchor point, means The fenced area shall be an area not less than
sixty-four square feet whose outer boundary is at least four feet from the anchor point; and
(4) One or more seven-foot safety sleeves shall be placed at each anchor point and shall
extend from the anchor point along each guy wire attached to the anchor point.
A violation of this section is a Class 2 misdemeanor.
Section 33. That § 50-10-10 be amended to read:
50-10-10. If advisable to facilitate the enforcement of zoning regulations adopted pursuant to this
chapter, a system may be established for granting permits to establish or construct new structures and
other uses and to replace existing structures and other uses or make substantial changes therein or
substantial repairs thereof. Before any nonconforming structure or tree may be replaced, substantially
altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit shall be secured from the
administrative agency authorized to administer and enforce the regulations, authorizing such
replacement, change, or repair. No permit may be granted that would allow the structure or tree in
question to be made higher or become a greater hazard to air navigation aviation than it was when
the applicable regulation was adopted. If the administrative agency determines that a nonconforming
structure or tree has been abandoned or more than eighty percent physically deteriorated, or decayed,
no permit may be granted that would allow the structure or tree to exceed the applicable height limit
or otherwise deviate from the zoning regulations. Except as indicated all applications for permits for
replacement, change, or repair of nonconforming uses shall be granted.
Section 34. That § 50-10-32 be amended to read:
50-10-32. Terms in §§ 50-10-33 to 50-10-35, inclusive, mean:
(1) "Centerline," a line extended through the midpoint of each end of a runway;
(2) "Compatible land use," a use of land adjacent to a military airport that does not endanger
the health, safety, or welfare of the owners, occupants, or users of the land because of
levels of noise or vibrations or the risk of personal injury or property damage created by
the operations of the military airport, including the taking off and landing of military
aircraft;
(3) "Controlled compatible land use area," any area of land located outside military airport
boundaries and within a rectangle bounded by lines located no farther than one and
one-half statute miles from the centerline of an instrument or primary runway and lines
located no farther than five statute miles from each end of the paved surface of an
instrument or primary runway unless noise standards exceed these distances;
(4) "Instrument runway," any existing or planned military runway of at least three thousand
two hundred feet which serves or will serve an instrument landing procedure prescribed
by Federal Aviation Administration Order 8260.3B "United States Standard for Terminal
Instrument Procedures";
(5) "Military airport," any area of land or water, publicly or privately owned, designed and
set aside for the landing and taking off of military aircraft and used in the interest of the
public for that purpose;
(6) "Military airport hazard," any structure or obstruction that obstructs the air space required
for the taking off, landing, or flight of military aircraft or that interferes with visual, radar,
radio, or other systems for tracking, monitoring, controlling, or acquiring data relating to
military aircraft;
(7)(6) "Military airport hazard area," an area of land or water on which a military airport hazard
may exist;
(8)(7) "Military airport zoning regulation," a military airport hazard area zoning regulation and
a military airport compatible land use zoning regulation adopted under §§ 50-10-32 to 50-10-35, inclusive;
(9)(8) "Obstruction," any structure, object of natural growth, or other object, including a mobile
object, that exceeds a height established by C.F.R. 14 Federal Aviation Regulations Part
77 "Objects Affecting Navigable Airspace" or by a military airport hazard area zoning
standard;
(10)(9) "Political subdivision," any municipality or county;
(11)(10) "Primary runway," any existing or planned paved runway, as shown on the official
military airport layout plan, of at least three thousand two hundred feet on which
a majority of the approaches to and departures from the military airport occur;
(12)(11) "Runway," a defined area of a military airport prepared for the landing and taking
off of military aircraft along its length.
Section 35. That § 50-10-34 be amended to read:
50-10-34. Any political subdivision in which a military airport hazard area is located may adopt,
administer, and enforce, under its police power, military airport hazard area zoning regulations for
the military airport hazard area to prevent the creation of a military airport hazard. The military
airport hazard area zoning regulations may divide a military airport hazard area into zones and for
each zone:
(1) Specify the land uses permitted;
(2) Regulate the type and density of structures; and
(3) Restrict the height of structures and obstructions to prevent the creation of an obstruction
to flight operations or
air navigation aviation.
Section 36. That § 50-11-29 be amended to read:
50-11-29. The provisions of §§ 50-11-8 to 50-11-24, inclusive, do not apply to an individual
operating model aircraft, balloons, gliders, or sUAS.
Section 37. That § 50-11-9.1 be amended to read:
50-11-9.1. The provisions of §§ 50-11-8 and 50-11-9 do not apply to any unmanned aircraft
system that weighs less than fifty-five pounds sUAS.
Section 38. That § 50-9-12 be repealed.
Section 39. That § 50-10-33 be repealed.
Section 40. That § 50-15-1 be repealed.
Signed March 22, 2018
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BANKS AND BANKING
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\270.wpd
CHAPTER 270
(HB 1028)
Trust company requirements changed.
ENTITLED, An Act to revise certain provisions regarding trust companies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (14) of § 51A-1-2 be amended to read:
(14) "Dividends," distributions for a corporation organized by incorporators as a corporation
pursuant to chapter 47-1A and distributions for a bank limited liability company
organized by organizers or members as a limited liability company pursuant to chapter 47-34A.
Section 2. That § 51A-6A-66 be amended to read:
51A-6A-66. An entity may be excluded from the provisions of chapters 51A-5, 51A-6, and 51A-6A if:
(1) The entity is established for the exclusive purpose of acting as a trust protector,
investment trust advisor, or distribution trust advisor, as defined by § 55-1B-1, or any
combination of such purposes;
(2) The entity is acting in such capacity under a trust instrument which names a South Dakota
trust company, a South Dakota bank with trust powers, or a national bank with trust
powers as trustee;
(3) The entity is not engaged in trust company business with the general public as a public
trust company or with any family as a private trust company;
(4) The entity does not hold itself out as being in the business of acting as a fiduciary for hire
as either a public or private trust company;
(5) The entity files an annual report with the South Dakota secretary of state and provides a
copy to the Division of Banking; and
(6) The entity agrees to be subject to examination by the Division of Banking at the discretion
of the director; and
(7) The entity does not use the word, trust, in the entity's name in any manner.
The governing documents of any such excluded entity shall limit its authorized activities to the
functions permitted to a trust protector, investment trust advisor, or distribution trust advisor
pursuant to chapter 55-1B, or any combination of such purposes, and limit the performance of those
functions with respect to a specifically named trust or family of trusts.
An entity complying with this section shall notify the director of its existence, capacity to act,
and the name of the trustee for the trust or family of trusts.
Signed February 28, 2018
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End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\270.wpd
DEBTOR AND CREDITOR
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\271.wpd
CHAPTER 271
(HB 1082)
Licensure exemption for the lending of money.
ENTITLED, An Act to revise certain provisions regarding licensure for the lending of money.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-4-36 be amended to read:
54-4-36. Terms used in this chapter mean:
(1) "Advertisement," a commercial message in any medium that aids, promotes, or assists,
directly or indirectly, the sale of products or services;
(2) "Business of lending money," includes the originating, selling, servicing, acquiring, or
purchasing loans of any loan involving a borrower who is a person other than a family
member, or the servicing, acquiring, or purchasing of a retail installment contracts
contract a party to which is a person other than a family member. The term does not
include any seller-financed transaction for the sale of assets to a purchaser or any seller-financed transaction for the sale of real estate through a contract for deed so long as the
interest rate for the transaction does not exceed the rate permitted under § 54-4-44;
(3) "Commission," the State Banking Commission;
(4) "Director," the director of the Division of Banking of the Department of Labor and
Regulation;
(5) "Division," the Division of Banking;
(6) "Duration," the time a loan exists before it is paid off, renewed, rolled over, or flipped;
(7) "Family member," includes an immediate family member as the term is defined in § 54-14-12 that includes any descendant of a person's grandparents and any descendant of a
person's spouse's grandparents;
(8) "Finance charge," the amount, however denominated, which that is the direct or indirect
cost payable by a borrower for a loan;
(8)(9) "Installment loan," a loan made to be repaid in specified amounts over a certain number
of months;
(9)(10) "License," a license provided by this chapter;
(10)(11) "Installment loan contract" or "contract," an agreement evidencing a an installment
loan transaction;
(11)(12) "Licensee," any person holding a license;
(12)(13) "Loan," any installment loan, single pay loan, or open-end loan which may be
unsecured or secured by real or personal property. The term does not include an
installment sales contract as defined under subdivision 54-3A-1(6);
(13)(14) "Nationwide mortgage licensing system and registry," a licensing system developed
and maintained by the Conference of State Bank Supervisors and the American
Association of Residential Mortgage Regulators for the licensing and registration
of licensed mortgage loan originators and other regulated entities;
(14)(15) "Payday loan," any short-maturity loan on the security of a check, any assignment
of an interest in the account of a person at a depository institution, any
authorization to debit the person's deposit account, any assignment of salary or
wages payable to a person. A short-maturity loan made in anticipation of an income
tax refund is not a payday loan for purposes of this chapter;
(15)(16) "Regional revolving loan fund," a regional revolving loan fund with a service area
of at least five South Dakota counties, a designated staff for loan processing and
servicing, a loan portfolio of at least one million dollars, and which that is
governed by a board of directors that meets at least quarterly;
(16)(17) "Short-term consumer loan," any loan to any individual borrower with a duration
of six months or less, including a payday loan. A title loan is not a short-term
consumer loan for purposes of this chapter;
(17)(18) "Title lender," a regulated lender authorized pursuant to this chapter to make title
loans;
(18)(19) "Title loan," a loan for a debtor that is secured by a nonpurchase money security
interest in a motor vehicle and that is scheduled to be repaid in a single installment.
Signed February 28, 2018
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End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\271.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\272.wpd
CHAPTER 272
(HB 1094)
Limitations on licensees engaged in the business of making loans.
ENTITLED, An Act to revise certain provisions regarding limitations on licensees engaged in the
business of making loans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-4-44.4 be amended to read:
54-4-44.4. The provisions of § 54-4-44 that place limitations on licensees that are engaged in the
business of making loans do not apply to a licensee engaged in business-to-business lending. For
purposes of this section, the term, business-to-business lending, means any lending to or in
furtherance of a business or, commercial, or agricultural venture that is not for personal, family, or
household use and is not secured by a nonpurchase money security interest in a motor vehicle. Any
business-to-business lending subject to the provisions of this section shall be in an amount not less
than five thousand dollars and only to a borrower with a federal employer identification number.
Section 2. That chapter 54-4 be amended by adding a NEW SECTION to read:
Notwithstanding § 15-17-39, any person licensed pursuant to this chapter may recover reasonable
attorney's fees in the case of default of payment if provided for in a note, bond, or other evidence of
debt.
Signed March 5, 2018
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End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\272.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\273.wpd
CHAPTER 273
(HB 1127)
Fees prohibited for credit security freeze.
ENTITLED, An Act to revise certain provisions relating to fees charged for security freezes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-15-3 be amended to read:
54-15-3. Any A person who is a victim of identity theft and has submitted a valid police report
to a consumer reporting agency may elect to place a security freeze on that person's credit report by
making a request in writing by certified mail to a consumer reporting agency at an address in a
manner designated by the consumer reporting agency to receive such requests a request for a security
freeze. This section does not prevent a consumer reporting agency from advising a third party that
a security freeze is in effect with respect to the consumer's credit report.
Section 2. That chapter 54-15 be amended by adding a NEW SECTION to read:
A consumer reporting agency is prohibited from charging a fee for a placement or removal of a
security freeze under this chapter.
Section 3. That § 54-15-1 be repealed.
Signed February 27, 2018
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\274.wpd
CHAPTER 274
(HB 1078)
The removal of credit security freezes.
ENTITLED, An Act to revise certain provisions regarding the removal of security freezes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 54-15-11 be amended to read:
54-15-11. A security freeze remains under § 54-15-4 shall remain in place until the earlier of the
date the consumer reporting agency receives a request from the consumer to remove the freeze or
until seven years from the date that the security freeze was put in place pursuant to § 54-15-4. A
consumer reporting agency shall remove a security freeze within three business days of receiving a
request for removal from the consumer, who provides both of the following. If making a request
under this section, a consumer shall provide to the consumer reporting agency:
(1) Proper identification, as defined in subdivision 54-15-6(1); and
(2) The unique personal identification number or password provided by the consumer
reporting agency pursuant to § 54-15-5.
Requests Any request for removal
under this section shall be made to a point of contact
designated by the
consumer reporting agency to receive
such requests the request.
Signed February 28, 2018
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FIDUCIARIES AND TRUSTS
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\275.wpd
CHAPTER 275
(HB 1072)
Trust law revised.
ENTITLED, An Act to revise certain provisions regarding trusts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 21-22-1 be amended to read:
21-22-1. Terms used in this chapter mean:
(1) "Beneficiary," any person beneficially interested in the trust, as defined in subdivision 55-1-24(1) or who has a direct financial interest in the trust, including a creditor or claimant
with any rights or claimed rights against the trust estate if the creditor or claimant
demonstrates a previously asserted specific claim against the trust estate;
(2) "Court trust," any trust which is established or confirmed by the judgment, decree, or
order of any court of record of this state or any foreign jurisdiction, or one which is
established or confirmed by a personal representative's instrument of distribution or a
personal representative's deed of distribution;
(3) "Fiduciary," a trustee, custodian, enforcer, trust advisor, trust protector, or trust
committee, as named in the governing instrument or order of court, regardless of whether
such person is acting in a fiduciary or nonfiduciary capacity;
(4) "Other trust," any trust which is not a court trust;
(5) "Supervision," the supervision of the circuit court over the administration of a trust as
provided in this chapter;
(6) "Trustee," the trustee or trustees of any trust which may be supervised under this chapter.
Section 2. That § 55-1-20 be amended to read:
55-1-20. Subject to the provisions of §§ 55-1-21 and 55-1-22, a trust may be performed
Subdivisions 55-1-4(2) and 55-1-5(2) notwithstanding, a purpose trust may be performed pursuant
to this section and sections 3 to 20, inclusive, of this Act if the trust is for a specific lawful
noncharitable purpose or for lawful noncharitable purposes to be selected by the trustee. Any
property may form a part or all of the trust estate, including some, all, or an interest in some or all
of the property that is the subject or purpose of a purpose trust. A governing instrument of such a
trust shall be liberally construed in favor of its validity to presume against the merely precatory or
honorary nature of the disposition and to carry out the trustor's intent. If necessary, extrinsic evidence
is admissible to determine the trustor's intent. Neither the common law rule against perpetuities, nor
any rule restricting the accumulation of income, nor any common law rule limiting the duration of
noncharitable purpose trusts is in force in this state.
Section 3. That § 55-1-21 be amended to read:
55-1-21. Subject to the provisions of § 55-1-22, a trust for the care of a designated animal is
valid. The trust terminates when no living animal is covered by the trust. A governing instrument
shall be liberally construed to bring the transfer within this section, to presume against the merely
precatory or honorary nature of the disposition, and to carry out the general intent of the transferor.
Extrinsic evidence is admissible in determining the transferor's intent.
The following purpose trusts are valid:
(1) A trust for the care of a designated animal or animals;
(2) A trust for the care, maintenance, promotion, continuation, conservation, upkeep,
protection, furtherance, or preservation of any other property; and
(3) A trust for any other lawful noncharitable purpose or purposes.
Section 4. That chapter 55-1 be amended by adding a NEW SECTION to read:
Except as otherwise provided in the governing instrument, a trust described in § 55-1-21(1)
terminates when no living animal is covered by the trust.
Section 5. That chapter 55-1 be amended by adding a NEW SECTION to read:
A court may reasonably reduce the amount of the property transferred to the trustee of a purpose
trust if the court determines that the trust corpus substantially exceeds the amount required for the
intended purposes. The court should consider allowing the trust to be administered for a reasonable
period of time before undertaking a determination. The amount of the reduction, if any, passes as
unexpended trust property, as set forth in section 11 of this Act.
Section 6. That chapter 55-1 be amended by adding a NEW SECTION to read:
If the court finds that the fulfillment of the purposes are or have become impossible, inexpedient,
or unlawful, the court shall make an order directing that the trust be administered in such manner as,
in the judgment of the court, will, as nearly as can be, accomplish the general purposes, the objects,
and intentions of the trustor.
Section 7. That chapter 55-1 be amended by adding a NEW SECTION to read:
The purposes of a purpose trust may be enforced by an enforcer designated in the governing
instrument and if no enforcer is acting pursuant to the terms of the governing instrument the court
may appoint one or more enforcers and successor enforcers. No purpose trust may fail for want of
an enforcer. An enforcer may petition for, consent to, waive, or object to any matter regarding a
purpose trust with regard to the purpose of the trust which the enforcer represents or concerning the
administration of the purpose trust. Enforcers are fiduciaries and, except as otherwise provided in
the governing instrument, are entitled to reasonable compensation as determined by the trustee. An
enforcer may also serve as a trust protector or a family advisor pursuant to chapter 55-1B. However,
an enforcer may not serve as an enforcer while serving as a trustee or a distribution trust advisor of
the same trust.
Section 8. That chapter 55-1 be amended by adding a NEW SECTION to read:
Any trustee may petition the court for the removal of an enforcer. An enforcer may be removed
if the court finds:
(1) The enforcer committed a serious breach of the purpose enforcer's responsibilities or is
unfit or unwilling to serve;
(2) A significant and unjustified lack of cooperation or hostility between the enforcer and the
trustee, trust protector, or trust advisor; or
(3) There has been a substantial change in circumstances and removal of the enforcer would
best serve the purpose or purposes of the trust.
The governing instrument may provide additional procedures for the removal of an enforcer.
Section 9. That chapter 55-1 be amended by adding a NEW SECTION to read:
Except as otherwise provided in the governing instrument, a trustee of a purpose trust is vested
with full discretion in:
(1) Interpreting the purposes of the trust consistent with the terms of the governing
instrument; and
(2) Applying, distributing, or expending principal and income to further the trust's purposes.
Section 10. That chapter 55-1 be amended by adding a NEW SECTION to read:
If no trustee is designated or no designated trustee is willing or able to serve, a court shall name
a trustee. A court may order the transfer of the property to another trustee if required to ensure that
the intended purposes are carried out or if no successor trustee is designated in the governing
instrument or no designated successor trustee agrees to serve or is able to serve. A court may also
make such other orders and determinations as are advisable to carry out the intent of the trustor and
the purpose of sections 2 to 20, inclusive, of this Act.
Section 11. That chapter 55-1 be amended by adding a NEW SECTION to read:
Upon termination of a purpose trust, the trustee shall distribute any remaining trust property as
directed in the governing instrument. Only in the event that the governing instrument is silent shall
the trustee, upon termination of a purpose trust, distribute any remaining trust property as follows:
(1) If the trust was created in a nonresiduary clause in a testator's will and the will fails to
direct the distribution of unexpended trust property, then under the residuary clause of the
testator's will, and for the purposes of § 29A-2-707, the residuary clause is treated as
creating a future interest under the terms of a trust; and
(2) Otherwise, to the trustor's heirs under § 29A-2-711.
Section 12. That chapter 55-1 be amended by adding a NEW SECTION to read:
Except as ordered by the court or required by the governing instrument, no filings, reports,
periodic accounting, separate maintenance of funds, appointment, or registration of a purpose trust
are required.
Section 13. That chapter 55-1 be amended by adding a NEW SECTION to read:
Except as expressly provided otherwise in the trust instrument, no portion of the principal or
income may be converted to the use of the trustee or to any use other than for the trust's purposes or
the benefit of a covered animal.
Section 14. That § 55-1-22 be amended to read:
55-1-22. Any trust provided for by §§ 55-1-20 and 55-1-21 is subject to the following provisions:
(1) Except as expressly provided otherwise in the trust instrument, no portion of the principal
or income may be converted to the use of the trustee or to any use other than for the trust's
purposes or for the benefit of a covered animal;
(2) Upon termination, the trustee shall transfer the unexpended trust property in the following
order:
(a) As directed in the trust instrument;
(b) If the trust was created in a nonresiduary clause in the transferor's will or in a
codicil to the transferor's will, then under the residuary clause in the transferor's
will; and
(c) If no beneficiary results from the application of subsection (a) or (b) of this
subdivision, then to the transferor's heirs under § 29A-2-711;
(3) For the purposes of § 29A-2-707, the residuary clause is treated as creating a future
interest under the terms of a trust;
(4) The intended use of the principal or income may be enforced by a person designated for
that purpose in the trust instrument or, if none, by an individual appointed by a court upon
application to it by that person;
(5) Except as ordered by the court or required by the trust instrument, no filing, report,
registration, periodic accounting, separate maintenance of funds, appointment, or fee is
required by reason of the existence of the fiduciary relationship of the trustee;
(6) A court may reasonably reduce the amount of the property transferred if it determines that
that amount substantially exceeds the amount required for the intended use. The amount
of the reduction, if any, passes as unexpended trust property under subdivision (2) of this
section;
(7) If no trustee is designated or no designated trustee is willing or able to serve, a court shall
name a trustee. A court may order the transfer of the property to another trustee if required
to ensure that the intended use is carried out and if no successor trustee is designated in
the trust instrument or if no designated successor trustee agrees to serve or is able to
serve. A court may also make such other orders and determinations as are advisable to
carry out the intent of the transferor and the purpose of §§ 55-1-20 to 55-1-22, inclusive.
A hybrid purpose trust which meets the description of a purpose trust in sections 2 to 13,
inclusive, of this Act also includes one or more beneficiaries is valid and may be
performed.
Section 15. That chapter 55-1 be amended by adding a NEW SECTION to read:
In a hybrid purpose trust when the interests of the beneficiaries and purposes are concurrent, the
trustee shall maintain not less than two separate shares, one for the beneficiaries; and a second for
the purposes, and the trustee may be liable to the beneficiaries for the actual damages caused thereby,
if any, for failing to do so.
Section 16. That chapter 55-1 be amended by adding a NEW SECTION to read:
The beneficiaries' share of a hybrid purpose trust is governed by §§ 43-5-8 and 43-6-7.
Section 17. That chapter 55-1 be amended by adding a NEW SECTION to read:
A hybrid purpose trust may:
(1) Contain a spendthrift provision; and
(2) Also qualify as a trust described in § 55-16-2.
Section 18. That chapter 55-1 be amended by adding a NEW SECTION to read:
The provisions of sections 3 to 12, inclusive, of this Act apply to a hybrid purpose trust except
that:
(1) Under section 4 of this Act, except as otherwise provided in the governing instrument, a
trust as described in subdivision (1) of section 3 of this Act terminates when no living
animal is covered by the trust unless the trust may continue for the benefit of the
beneficiaries; and
(2) Under section 5 of this Act, a court has no power to reduce the amount of trust property
intended for or allocated to any beneficiaries or any charitable purposes.
Section 19. That chapter 55-1 be amended by adding a NEW SECTION to read:
Except as otherwise provided in the governing instrument, a trustee of a hybrid purpose trust is
vested with full discretion in administering the trust and considering the best interests of the
beneficiaries and the purposes of the trust.
Section 20. That chapter 55-1 be amended by adding a NEW SECTION to read:
In addition to section 7 of this Act, an enforcer may also not be a beneficiary of a hybrid purpose
trust.
Section 21. That § 55-1-53 be amended to read:
55-1-53. The terms of a governing instrument may expand, restrict, eliminate, or otherwise vary
any provisions of general application to trusts and trust administration. Nothing in this section allows
the terms of the governing instrument to expand, restrict, eliminate, or otherwise vary the duties,
restrictions, and liabilities imposed by the provisions of §§ 55-4-10 to 55-4-12, inclusive §§ 55-4-11
and 55-4-12.
Section 22. 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 whether such document or agreement
was created prior to, on, or after July 1, 1997;
(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 or, in the
case of a custodial account, a custodial account owner or the owner's designee;
(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 23. 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, or 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 the 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
, or 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
, or 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
, or 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 24. That § 55-1B-4 be amended to read:
55-1B-4. If one or more trust advisors are given authority by the terms of a governing instrument
to direct, consent to, or disapprove a fiduciary's investment decisions, or proposed investment
decisions, such trust advisors shall be considered to be fiduciaries when exercising such authority
unless the governing instrument provides otherwise. So long as there is at least one fiduciary
exercising the authority of the investment advisor pursuant to § 55-1B-10 for the investment, except
in the cases of willful misconduct or gross negligence by the fiduciary investment advisor in the
selection or monitoring of the nonfiduciary trust advisors, the governing instrument may provide that
such other trust advisors acting pursuant to this section are not acting in a fiduciary capacity.
Section 25. That § 55-2-13 be amended to read:
55-2-13. Notification to any qualified beneficiary under this section may be carried out
personally, by mail, postage prepaid, addressed to the entity or individual's last known post office
address, or electronically pursuant to the provisions of § 15-6-5(d), and on representatives of
qualified beneficiaries pursuant to chapter 55-18.
For purposes of this section, the term, qualified beneficiary, means a beneficiary that is an entity
then in existence or an individual who is twenty-one years of age or older and who, on the date the
beneficiary's qualification is determined:
(1) Is a distributee or permissible distributee of trust income or principal;
(2) Would be a distributee or permissible distributee of trust income or principal if the
interests of the distributees terminated on that date; or
(3) Would be a distributee or permissible distributee of trust income or principal if the trust
terminated on that date. However, if the distributee is then unknown because a person
holds a power to change the distributee, the trustee shall give notice only to the holder of
the power.
Except as otherwise provided by the terms of a revocable trust, a trustee has no duty to notify the
qualified beneficiaries of the trust's existence.
Except as otherwise provided by the terms of an irrevocable trust or otherwise directed in writing
by the settlor, trust advisor, or trust protector, the trustee shall, within sixty days after the trustee has
accepted trusteeship of the trust, or within sixty days after the date the trustee acquires knowledge
that a formerly revocable trust has become irrevocable, notify the qualified beneficiaries of the trust's
existence and of the right of the beneficiary to request a copy of the trust instrument pertaining to
the beneficiary's interest in the trust.
Except as otherwise provided by the terms of an irrevocable trust or otherwise directed in writing
by the settlor, trust advisor, or trust protector, a trustee of an irrevocable trust:
(1) Upon request of a qualified beneficiary, shall promptly furnish to the qualified beneficiary
a copy of the trust instrument;
(2) If notification of the trust has not been accomplished pursuant to this section within sixty
days after accepting a trusteeship, shall notify the qualified beneficiaries of the acceptance
and of the trustee's name, address, and telephone number;
(3) Shall promptly respond to a qualified beneficiary's request for information related to the
administration of the trust, unless the request is unreasonable under the circumstances.
The settlor, trust advisor, or trust protector, may, by the terms of the governing instrument, or
in writing delivered to the trustee, expand, restrict, eliminate, or otherwise modify the rights of
beneficiaries to information relating to a trust.
Written directions provided by the settlor, trust advisor, or trust protector as set forth in this
section remain in effect until and unless the settlor, trust advisor, or trust protector revokes the
written instructions or is incapacitated. Additionally, the written directions remain in effect only
while the trust advisor or trust protector providing the written directions is serving as the current trust
advisor or trust protector. Unless otherwise specifically provided in the written directions, upon the
death or incapacity of a settlor who provided the written directions described in this section, the
directions shall be deemed revoked. However, upon the death or incapacity of the settlor, a trust
advisor or trust protector, if any, may further direct the trustee in writing pursuant to this section.
Unless otherwise stated in the governing instrument, in the event of a conflict in direction, the
direction of the settlor shall control.
A beneficiary may waive the right to the notice or information otherwise required to be furnished
under this section and, with respect to future reports and other information, may withdraw a waiver
previously given.
The change in the identity of a trustee, occurring as the result of a mere name change or a merger,
consolidation, combination, or reorganization of a trustee, does not require notice.
If a fiduciary is bound by a duty of confidentiality with respect to a trust or its assets, a fiduciary
may require that any beneficiary who is eligible to receive information pursuant to this section be
bound by the duty of confidentiality that binds the trustee before receiving such information from
the trustee.
A trust advisor, trust protector, or other fiduciary designated by the terms of the trust shall keep
each excluded fiduciary designated by the terms of the trust reasonably informed about:
(1) The administration of the trust with respect to any specific duty or function being
performed by the trust advisor, trust protector, or other fiduciary to the extent that the duty
or function would normally be performed by the excluded fiduciary or to the extent that
providing such information to the excluded fiduciary is reasonably necessary for the
excluded fiduciary to perform its duties; and
(2) Any other material information that the excluded fiduciary would be required to disclose
to the qualified beneficiaries under this section regardless of whether the terms of the trust
relieve the excluded fiduciary from providing such information to qualified beneficiaries.
Neither the performance nor the failure to perform of a trust advisor, trust protector, or
other fiduciary designated by the terms of the trust as provided in this subdivision shall
affect the limitation on the liability of the excluded fiduciary.
The provisions of this section are effective for trusts created
, amended, or restated after June 30,
2002, except as otherwise directed by the settlor, trust protector, trust advisor, or other fiduciary
designated by the terms of the trust. For trusts created before July 1, 2002, a trustee has no duty at
common law or otherwise to notify a qualified beneficiary of the trust's existence unless otherwise
directed by the settlor.
The provisions of this paragraph do not apply if otherwise directed by the
settlor, trust protector, trust advisor, or other fiduciary designated by the terms of the trust.
Section 26. That § 55-3-27 be amended to read:
55-3-27. Except as otherwise provided by the terms of the trust, if the value of the trust property
of a noncharitable trust is less than one hundred fifty thousand dollars, the trustee may terminate the
trust. On petition by a trustee or beneficiary, the court may modify or terminate a noncharitable trust
or appoint a new trustee if it determines that the value of the trust property is insufficient to justify
the cost of administration involved. Upon termination of a trust pursuant to this section, the trustee
shall distribute the trust property in accordance with the trustor's probable intention. The existence
of spendthrift or similar protective provisions in a trust does not make this section inapplicable. The
court, when considering the termination of a trust containing spendthrift or similar protective
provisions, shall consider the feasibility of appointing a new trustee to continue the trust. This
section does not apply to a purpose trust under subdivision (1) of section 3 of this Act.
Section 27. That § 55-5-16 be amended to read:
55-5-16. A trustee has a duty to personally perform the responsibilities of the trusteeship except
as a prudent person might delegate those responsibilities to others. In deciding whether, to whom,
and in what manner to delegate fiduciary authority in the administration of a trust, and thereafter in
monitoring agents, the trustee may seek the prior approval for the delegation from all known
beneficiaries of the trust the settlor, or if the settlor is deceased, the majority of the current income
or principal beneficiaries, or from the court. If such approval is given in writing by all known
beneficiaries either the settlor, or if the settlor is deceased, the majority of the current income or
principal beneficiaries, or by the court, the trustee is not liable for the acts of the person to whom the
authority is delegated except in the cases of willful misconduct or gross negligence by the delegating
trustee in the selection or monitoring of the agent.
Section 28. That § 55-16-1 be amended to read:
55-16-1. Terms used in this chapter mean:
(1) "Claim," a right to payment, whether or not the right is reduced to judgment liquidated,
unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal,
equitable, secured, or unsecured;
(2) "Creditor," with respect to a transferor, a person who has a claim;
(3) "Debt," liability on a claim;
(4) "Disposition," a transfer, conveyance, or assignment of property, including a change in
the legal ownership of property occurring upon the substitution of one trustee for another
or the addition of one or more new trustees, or the exercise of a power so as to cause a
transfer of property to a trustee or trustees. The term does not include the release or
relinquishment of an interest in property that theretofore was the subject of a qualified
disposition;
(5) "Property," real property, personal property, and interests in real or personal property;
(6) "Qualified disposition," a disposition by or from a transferor to a qualified person or
qualified persons, with or without consideration or for less than fair market value, by
means of a trust instrument;
(7) "Spouse" and "former spouse," only persons to whom the transferor was married at, or
before, the time the qualified disposition is made;
(8) "Transferor," any person as an owner of property; as a holder of a power of appointment
which authorizes the holder to appoint in favor of the holder, the holder's creditors, the
holder's estate, or the creditors of the holder's estate; or as a trustee, directly or indirectly,
makes a disposition or causes a disposition to be made.
The terms, transferor and beneficiary, may be any person as defined in subdivision 55-4-1(2).
Section 29. That § 55-17-3 be amended to read:
55-17-3. 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 this chapter, and
by expressly declaring in the trust that the property is community property. Unless there is a specific
provision in the governing instrument stating otherwise, each spouse's respective interest in the
special spousal property is fifty percent.
Section 30. That § 55-17-9 be amended to read:
55-17-9. Except as provided in §§ 55-17-10 and 55-17-11, 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;
if there is no provision in the governing
instrument on disposition of the property transferred to the trust on dissolution, South
Dakota law on disposition of property on dissolution applies;
(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 31. That § 55-18-1 be amended to read:
55-18-1. Terms used in this chapter mean:
(1) "Adult," an individual who has attained the age of eighteen years;
(2) "Bind" or "bound," to represent, consent, receive notice or service of process, approve,
agree, object, resist, waive, or demand, and bind for or as a person with the same binding
and conclusive effective as notice had been made on, or consent had been given by, if the
person represented had;
(3)(2) "Conflict of interest," a situation in which a representative's interest in the trust causes a
significant likelihood that a reasonable person would disregard a representative's duty to
a represented beneficiary;
(3) "Co-representative." more than one simultaneously acting representative of the same class
pursuant to § 55-18-9, as when co-guardians are acting:
(4) "Conservator," a person appointed pursuant to chapter 29A-5 or 33-17A or equivalent
provisions of another jurisdiction's laws including a temporary conservator, a guardian ad
litem, and a limited conservator;
(5) "Fiduciary," a person defined by subdivision 21-22-1(3), except as used in § 55-18-17;
(6) "Guardian," a person appointed pursuant to chapter 29A-5 or equivalent provisions of
another jurisdiction's laws including a temporary guardian and a limited guardian;
(7) "Incapacitated" or "incapacity," any person who lacks lacking the capacity to meaningfully
understand the matter in question and protected persons because of a mental or physical
impairment;
(8) "Interest," a beneficial interest as defined by subdivision 55-1-24(1) but including the
holder of a power of appointment, and any power to remove or replace a fiduciary or a
representative;
(9) "Interested beneficiary," a person who, on the date the person's qualification is
determined:
(a) Is a current distributee or permissible distributee of trust income or principal;
(b) Would be a distributee or permissible distributee of trust income or principal if the
interests of the current distributees terminated on that date;
(c) Would be a distributee or permissible distributee of trust income or principal if the
trust terminated on that date;
(d) Holds a power of appointment; or
(e) Would hold a power of appointment if the interests of the current distributees
terminated on that date or the interests of the persons currently holding a power of
appointment under this subdivision terminated on that date;
(10) "Knows" or "knowingly," actual knowledge of the fact in question;
(11) "Minor," any person who has not attained the age of eighteen. The term includes a minor
with an incapacity;
(12) "Nonjudicial settlement," an agreement, release, or other action whether or not approved
by a court, which may include, without limitation:
(a) The interpretation or construction of the terms of a trust;
(b) The approval of any fiduciary's report or accounting;
(c) Direction to any fiduciary to refrain from performing a particular act or the grant
to a fiduciary of any necessary or desirable power;
(d) The resignation or appointment of any fiduciary;
(e) The determination of a fiduciary or a representative's compensation;
(f) The transfer of a trust's principal place of administration or situs;
(g) The liability of any fiduciary's action or omission relating to a trust; or
(h) Partial or final settlement agreements regarding a trust or its administration; or
(i) The modification, amendment, reformation, or termination of a trust;
(13) "Notice," or "notifies," notice provided personally, by mail, postage prepaid, addressed
to the person's last known post office address, or electronically in accordance with § 15-6-5(d);
(14) "Notifier," a person who is undertaking notice or proposing consent with regard to a
matter concerning a trust;
(15) "Power of appointment," a power defined by § 55-1-12;
(16) "Proceeding," any judicial or nonjudicial trust proceeding, accounting, termination,
modification, reformation, decanting, settlement, nonjudicial settlement, and any
proceeding conducted pursuant to chapter 21-22 or title 29A which concerns a trust;
(17) "Protected person," a person other than a minor for whom a guardian or conservator is
appointed;
(18) "Reasonably available," with respect to a person, that the person can be identified and
located with the exercise of reasonable diligence;
(19) "Representative," a person who may bind another person under this chapter pursuant to
§ 55-18-9;
(20) "Trust," an express inter vivos or testamentary trust;
(21) "Uninterested beneficiary," a beneficiary other than an interested beneficiary.
Section 32. That § 55-18-5 be amended to read:
55-18-5. Neither notice nor service of process on, nor consent to, any matter in any proceeding
is required from:
(1) An unborn person individual;
(2) An unascertained person;
(3) The potential appointee of a power of appointment;
(4) The potential taker in default of a general power of appointment;
(5) An uninterested beneficiary; and
(6) A person bound by a representative.
Notwithstanding subdivisions (1) and (2), if no interested beneficiary, or representative thereof,
would otherwise receive notice or provide consent with respect to the matter in question, a
representative of an unborn or unascertained person shall act pursuant to § 55-18-9.
Notwithstanding subdivision (5), with respect to the matter in question, notice is required to, or
consent is required from, an uninterested beneficiary who does not have a substantially identical
interest with one or more interested beneficiaries.
Section 33. That § 55-18-7 be amended to read:
55-18-7. In Following the commencement of a judicial proceeding, if a beneficiary timely files
a demand for notice with the court, notice shall be given to the beneficiary unless otherwise ordered
by the court.
Section 34. That § 55-18-9 be amended to read:
55-18-9. The following applies to persons bound by representatives Persons who may bind others
are as follows:
(1) Except as provided in subdivision 55-18-20(2), a conservator may bind a minor or
protected person;
(2) A guardian may bind the minor or protected person if no conservator of the minor or
protected person has been appointed;
(3) A parent may bind the parent's minor or unborn child if no conservator or guardian for the
child has been appointed;
(4) A person who has assumed responsibility for a minor child's care or custody may bind the
child if no conservator or guardian for the child has been appointed and neither parent is
living;
(5) A trustee responsible for the management of all or a significant portion of the estate of an
incapacitated individual other than a minor may bind the individual if no conservator or
guardian for the individual has been appointed;
(6) A custodian under chapter 55-10A or equivalent provisions of another jurisdiction's laws
who is responsible for all or a significant portion of the estate of a minor may bind the
minor if no conservator or guardian for the minor has been appointed;
(7) A person An individual who has assumed responsibility for an incapacitated individual
other than a minor, including a spouse of an incapacitated individual, may bind the
individual if no conservator or guardian for the individual has been appointed and no
agent has authority to act with respect to the matter in question, but an individual who is
an employee of any assisted living, hospital, surgery center, nursing home, adult foster
care, adult day care, or any other custodial care institution where the incapacitated person
is residing or receiving services may not act as a representative pursuant to this
subdivision;
(8) Except as provided in subdivision 55-18-20(1), an agent having authority to act with
respect to the matter in question may bind the principal if the principal is incapacitated
or not reasonably available;
(9) When a trust is a beneficiary of a trust, the trustee of the trust which is a beneficiary may
bind the trust and the beneficiaries thereof without regard to whether the trust has yet been
funded or the trustee has begun acting as trustee;
(10) When a decedent's estate is a beneficiary of a trust, the personal representative of the
estate may bind the estate and the persons interested in the estate;
(11) Except as provided in § 55-18-23, a person designated in the governing instrument to
represent another person or class of persons may bind that person or class of persons;
(12) Except as provided in § 55-18-23, if a fiduciary or other person is authorized by the terms
of the governing instrument to appoint a representative and the authorized fiduciary or
other person appoints a representative in writing, the representative may bind the person
or class of persons identified in the appointment;
(13) Unless otherwise adequately represented pursuant to the foregoing provisions of this
section, a minor, incapacitated individual, or unborn individual, or a person who is not
reasonably available, may be bound by a person having a substantially identical interest
with respect to the matter in question;
(14) A person described in subsection 55-18-1(9)(a) may bind beneficiaries described in
subsection 55-18-1(9)(b) and (c), if, with respect to the matter in question:
(a) The person agrees in writing to serve as a representative for the represented
beneficiary either with regard to a particular matter, for a particular period of time,
generally in any matter or future matter, or for an indefinite period of time;
(b) The interests of the person are substantially identical to the interests of the
represented beneficiary; and
(c) The person does not have a conflict of interest;
(15) A person described in subsection 55-18-1(9)(d) may bind beneficiaries described in
subsection 55-18-1(9)(e);
(16) A court representative appointed pursuant to § 55-18-19 may bind the person that the
representative represents; and
(17) Without diminishing the authority of an attorney to act on behalf of the attorney's client,
an attorney representing a person may bind the person that the attorney represents within
the scope of the attorney's representation.
When more than one class of persons may act as a representative, such as where persons may act
under different subdivisions of this section, the notifier has discretion in selecting which class of
representatives bind the person represented, except as otherwise provided in the governing
instrument. The governing instrument may provide that representatives acting pursuant to
subdivisions (11) and (12) may act to the exclusion of any other class or classes of representatives,
in certain circumstances, or in all circumstances, other than representatives acting pursuant to
subdivisions (l6) and (17).
Section 35. That § 55-18-10 be amended to read:
55-18-10. In a judicial proceeding, the petitioner shall set forth information with respect to each
representative, each person the petitioner representative represents, and the authority by which each
representative acts under this chapter.
In a nonjudicial proceeding, the notifier shall set forth information with respect to each
representative, each person the petitioner representative represents, the authority by which each
representative acts under the provisions of this chapter, and a notification that a representative may
decline to act pursuant to § 55-18-11.
No information need to be set forth regarding any person described in subdivisions (1) to (5),
inclusive, of § 55-18-5 unless a representative is acting for those persons.
Section 36. That § 55-18-15 be amended to read:
55-18-15. Unless notice of a conflict of interest has been carried out pursuant to § 55-18-14, if
the notifier knows that a representative has a conflict of interest with respect to the matter in
question, the notifier shall timely disclose the nature of the conflict of interest:
(1) In a judicial proceeding to the interested parties and the court; or
(2) Otherwise
, to the representative
and, the trustee
, and, to the extent the person represented
can be reasonably notified, to the person represented along with notification that that
person may elect not to be bound pursuant to subdivision 55-18-4(4).
Section 37. That § 55-18-16 be amended to read:
55-18-16. In a judicial proceeding, if the court has been notified of a representative's conflict of
interest or potential conflict of interest, the court may find that the representative conflict of interest
or potential conflict of interest is immaterial in view of the facts and circumstances and order that
the representative may act as a representative notwithstanding the conflict of interest or potential
conflict of interest.
The court's findings pursuant to this section are binding and conclusive with regard to the matter
in question and, to the extent ordered by the court, absolve the representative of liability.
In a nonjudicial proceeding, unless otherwise provided in the governing instrument, the trustee
may find that a representative's conflict of interest or potential conflict of interest is immaterial in
view of the facts and circumstances and direct the representative to act as a representative
notwithstanding the conflict of interest or potential conflict of interest.
The trustee's findings pursuant to this section are binding and conclusive with regard to the
matter in question and, to the extent provided by the trustee in writing, absolve the representative
of liability.
Section 38. That § 55-18-19 be amended to read:
55-18-19. In a judicial proceeding, if the court determines that a person cannot be adequately
represented under § 55-18-9 by a representative, the court may order that the person be provided
notice or may order the appointment of a court representative or a replacement court representative
to bind the person. The basis for a finding that representation is inadequate shall be set forth
specifically in an order and may include, by way of example, a finding that a representative has a
material conflict of interest or acted with hostility to the interest of the person represented.
A trustee, a beneficiary, or, if authorized by the governing instrument, a fiduciary other than a
trustee, may petition the court for the appointment of a court representative. A court representative
has the authority to act as a representative in any proceeding unless otherwise ordered by the court.
Notwithstanding § 55-18-5, the court may appoint a court representative to bind uninterested
beneficiaries, unborn persons, unascertained persons, or the potential appointees or the takers in
default of a power of appointment.
Notwithstanding § 55-18-20, the court may appoint a court representative to bind a settlor
Section 39. That § 55-18-20 be amended to read:
55-18-20. A representative may only bind a settlor pursuant to subdivisions 55-18-9(1), (5), (11),
and (16), except as limited by a representative's power to consent to modification or termination of
an irrevocable trust, to amend or revoke a revocable trust, or withdraw from a revocable trust on
behalf of a settlor may be exercised only by A settlor may be represented by a representative in
amending, terminating, or revoking an inter vivos revocable trust only when the representative is:
(1) An agent under a written power of attorney only if when the settlor is incapacitated or not
reasonably available and to the extent expressly authorized by the power of attorney with
specific reference to the trust and expressly authorized by the terms of the governing
instrument; and or
(2) By a A conservator only to the extent authorized or approved by order of the court
pursuant to § 29A-5-420 or equivalent provisions of another jurisdiction's laws.
In other respects, a settlor may be represented by a representative only pursuant to subdivisions
55-18-9(5), (11), (16), and (17) and pursuant to subdivision 55-18-9(1) to the extent authorized or
approved by the court.
A settlor may not bind a beneficiary with respect to a trust termination pursuant to § 55-3-24 or
55-3-30 or a trust modification pursuant to § 55-3-24 or 55-3-30 where the ability to bind the
beneficiary to the proposed trust modification would constitute a retained interest pursuant to 26
U.S.C. § 2036
, as of January 1, 2017, or a revocable transfer pursuant to 26 U.S.C. § 2038 as of
January 1, 2017.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\275.wpd
UNIFORM COMMERCIAL CODE
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\276.wpd
CHAPTER 276
(HB 1248)
Filing and recording secured transaction records.
ENTITLED, An Act to revise certain provisions regarding filing and recording secured transaction
records with the Office of the Secretary of State.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 57A-9-516 be amended to read:
57A-9-516. (a) Except as otherwise provided in subsection (b), communication of a record to a
filing office and tender of the filing fee or acceptance of the record by the filing office constitutes
filing.
(b) Filing does not occur with respect to a record that a filing office refuses to accept because:
(1) The record is not communicated by a method or medium of communication authorized
by the filing office;
(2) An amount equal to or greater than the applicable filing fee is not tendered;
(3) The filing office is unable to index the record because:
(A) In the case of an initial financing statement, the record does not provide a name for
the debtor;
(B) In the case of an amendment or information statement, the record:
(i) Does not identify the initial financing statement as required by § 57A-9-512
or 57A-9-518, as applicable; or
(ii) Identifies an initial financing statement whose effectiveness has lapsed
under § 57A-9-515;
(C) In the case of an initial financing statement that provides the name of a debtor
identified as an individual or an amendment that provides a name of a debtor
identified as an individual which was not previously provided in the financing
statement to which the record relates, the record does not identify the debtor's
surname; or
(D) In the case of a record filed or recorded in the filing office described in § 57A-9-501(a)(1), the record does not provide a sufficient description of the real property
to which it relates;
(4) In the case of an initial financing statement or an amendment that adds a secured party of
record, the record does not provide a name and mailing address for the secured party of
record;
(5) In the case of an initial financing statement or an amendment that provides a name of a
debtor which was not previously provided in the financing statement to which the
amendment relates, the record does not:
(A) Provide a mailing address for the debtor; or
(B) Indicate whether the name provided as the name of the debtor is the name of an
individual or an organization;
(6) In the case of an assignment reflected in an initial financing statement under § 57A-9-514(a) or an amendment filed under § 57A-9-514(b), the record does not provide a name
and mailing address for the assignee; or
(7) In the case of a continuation statement, the record is not filed within the six-month period
prescribed by § 57A-9-515(d).
(c) For purposes of subsection (b):
(1) A record does not provide information if the filing office is unable to read or decipher the
information; and
(2) A record that does not indicate that it is an amendment or identify an initial financing
statement to which it relates, as required by § 57A-9-512, 57A-9-514, or 57A-9-518, is
an initial financing statement.
(d)
If a person presents a financing statement to the secretary of state for filing or recording, the
secretary of state may refuse to accept or reject the financing statement for filing or recording if:
(1) The financing statement is not required or authorized to be filed or recorded with the
secretary of state; or
(2) The secretary of state has reasonable cause to believe the financing statement is materially
false or fraudulent.
(e) A financing statement that the secretary of state may refuse to accept or reject includes the
following:
(1) Any financing statement that has the same name listed as both the debtor and the secured
party;
(2) Any financing statement that identifies an individual debtor as a transmitting utility;
(3) Any financing statement that is determined to be intended for an improper purpose, such
as hindering, harassing, or wrongfully interfering with another person or entity; or
(4) Any financing statement that is filed:
(A) Without the consent or participation of the:
(i) Obligor named in the financing statement;
(ii) The person named in the financing statement as debtor; and
(iii) The owner of collateral described or indicated in the financing statement; or
(B) By consent of an agent, a fiduciary, or another representative of the secured party
of record without the consent of the secured party; or
(5) Any financing statement that is forged.
(f) The secretary of state does not have a duty to inspect, evaluate, or investigate a financing
statement that is presented for filing or recording.
(g) A record that is communicated to the filing office with tender of the filing fee, but which the
filing office refuses to accept for a reason other than one set forth in subsection (b), is effective as
a filed record except as against a purchaser of the collateral which gives value in reasonable reliance
upon the absence of the record from the files.
Signed March 9, 2018
_______________
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INSURANCE
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\277.wpd
CHAPTER 277
(HB 1093)
Insurance transactions and policies
in a language other than English.
ENTITLED, An Act to authorize certain insurance transactions and policies in a language other than
English.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-1 be amended by adding a NEW SECTION to read:
The controlling version of any insurance policy offered in South Dakota shall be the English
version. An authorized insurer, as defined in subdivision 58-1-2(2), may conduct transactions in a
language other than English through an employee or agent acting as interpreter or through an
interpreter provided by the customer.
Section 2. That chapter 58-1 be amended by adding a NEW SECTION to read:
An authorized insurer, as defined in subdivision 58-1-2(2), may provide insurance policies,
endorsements, riders, and any explanatory or advertising materials in a language other than English.
If there is a dispute or complaint regarding the insurance or advertising material, the English
language version of the insurance coverage shall control the resolution of the dispute or complaint.
Section 3. That chapter 58-1 be amended by adding a NEW SECTION to read:
An authorized insurer, as defined in subdivision 58-1-2(2), providing a policy as authorized in
section 2 of this Act may only offer that policy after the insurer has first filed a statement with the
Division of Insurance attesting that the policy in a language other than English is the translation of
a policy form already filed and approved by the division.
Section 4. That chapter 58-1 be amended by adding a NEW SECTION to read:
A policy offered in a language other than English must clearly state in the language of that policy
being marketed, that if a dispute or complaint occurs regarding the meaning of the policy, the dispute
shall be resolved by the English version interpretation.
Section 5. That chapter 58-1 be amended by adding a NEW SECTION to read:
Nothing contained in this Act shall abrogate or supersede the provisions set forth in chapter 58-33 relating to unfair trade practices.
Signed March 6, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\277.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\278.wpd
CHAPTER 278
(HB 1042)
Division of Insurance references updated.
ENTITLED, An Act to revise certain references regarding the Division of Insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-5-138 be amended to read:
58-5-138. No domestic mutual insurer in this state may reorganize or convert into a corporation
with capital stock unless the reorganization or conversion plan provides each member of the mutual
insurer with cash or other valuable consideration for the fair value of his the member's equity in the
company as determined under a formula approved by the director of the Division of Insurance, and
the secretary of commerce labor and regulation.
Section 2. That § 58-6-32 be amended to read:
58-6-32. A property insurer may without additional capital or additional surplus include such
amount and kind of insurance against legal liability for injury, damage, or loss to the person or
property of others, and for medical, hospital, and surgical expense related to such injury, as the
commissioner director deems to be reasonably incidental to insurance of real property against fire
and other perils under policies covering farm properties, or residential properties designed for
occupancy by not more than four families, with or without incidental office, professional, private
school, or studio occupancy by an insured, whether or not the premium or rate charged for certain
perils so covered is specified in the policy. No insurer authorized as to property insurance only shall
may pursuant to this section retain risk as to any one subject of insurance as to hazards, other than
property insurance hazards, in an amount exceeding ten percent of its surplus to policyholders.
Section 3. That subdivision (3) of § 58-33-119 be amended to read:
(3) An application to the existing insurer that issued the existing policy or contract if a
contractual change or a conversion privilege is being exercised; or, if the existing policy
or contract is being replaced by the same insurer pursuant to a program filed with and
approved by the commissioner director; or, if a term conversion privilege is exercised
among corporate affiliates;
Section 4. That subdivision (1) of § 47-31B-102 be amended to read:
(1) "Director," the director of securities insurance;
Section 5. That § 47-31B-601 be amended to read:
47-31B-601. (a) Administration. This chapter shall be administered by the director.
(b) The director shall designate one of
his the director's employees to administer the provisions
of this chapter in the event of
his the director's absence or disability.
(c) This chapter shall be administered under the direction and supervision of the Department of
Labor and Regulation and the secretary thereof, but shall retain the quasi-judicial, quasi- legislative,
advisory, and other nonadministrative functions, as defined in § 1-32-1, otherwise vested in it and
shall exercise those functions independently of the secretary of the Department of Labor and
Regulation.
(d) The director shall be appointed by the secretary of the Department of Labor and Regulation
and may be removed at the pleasure of the secretary. The appointment and removal of the director
shall be subject to approval by the Governor.
(e) The director shall receive travel expenses, in accordance with the rules of the Board of
Finance, incurred in the discharge of official duties.
(f) The director shall employ, from time to time, such clerks and employees as are necessary for
the administration of this chapter, and they shall perform such duties as the director shall assign.
(g) The director may be included in the state's employees' blanket bond pursuant to § 3-5-5.1.
(h) The director
shall may use the seal with the words, Director of
Securities Insurance, South
Dakota,
and such designs as with a design the director
shall prescribe prescribes engraved
thereon
by which seal the director shall on the seal to authenticate
his the director's signature and
proceedings.
(i) Unlawful use of records or information. It is unlawful for the director or an officer, employee,
or designee of the director to use for personal benefit or the benefit of others records or other
information obtained by or filed with the director that are not public under § 47-31B-607(b). This
chapter does not authorize the director or an officer, employee, or designee of the director to disclose
the record or information, except in accordance with § 47-31B-602, 47-31B-607(c), or 47-31B-608.
(j) No privilege or exemption created or diminished. This chapter does not create or diminish a
privilege or exemption that exists at common law, by statute or rule, or otherwise.
(k) Investor education. The director may develop and implement investor education initiatives
to inform the public about investing in securities, with particular emphasis on the prevention and
detection of securities fraud. In developing and implementing these initiatives, the director may
collaborate with public and nonprofit organizations with an interest in investor education. The
director may accept a grant or donation from a person that is not affiliated with the securities industry
or from a nonprofit organization, regardless of whether the organization is affiliated with the
securities industry, to develop and implement investor education initiatives. This subsection does
not authorize the director to require participation or monetary contributions of a registrant in an
investor education program.
Signed February 22, 2018
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\279.wpd
CHAPTER 279
(HB 1205)
Health benefit plans to provide coverage
for certain dental care services.
ENTITLED, An Act to require certain health benefit plans to provide coverage to persons with a
serious medical condition for certain dental care services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-17-84.1 be amended to read:
58-17-84.1. Any health benefit plan as defined by § 58-17-63 shall cover anesthesia and hospital
or ambulatory surgery center charges for dental care provided to a covered person who:
(1) Is a child under age five; or
(2) Is severely disabled or otherwise suffers from a developmental disability as determined
by a licensed physician which places such person at serious risk If determined by a
licensed physician, is severely disabled, has a developmental disability, or otherwise has
a medical condition that places the person at serious medical risk.
Such The coverage applies regardless of whether the services are provided in a hospital
,
ambulatory surgery center, or a dental office. A health carrier may require prior authorization
of
hospitalization for dental care procedures in the same manner that prior authorization is required
for
hospitalization for other covered diseases or conditions.
Section 2. That § 58-18-45.1 be amended to read:
58-18-45.1. Any health benefit plan as defined by § 58-18-42 shall cover anesthesia and hospital
or ambulatory surgery center charges for dental care provided to a covered person who:
(1) Is a child under age five; or
(2) Is severely disabled or otherwise suffers from a developmental disability as determined
by a licensed physician which places such person at serious risk If determined by a
licensed physician, is severely disabled, has a developmental disability, or otherwise has
a medical condition that places the person at serious medical risk.
Such The coverage applies regardless of whether the services are provided in a hospital
,
ambulatory surgery center, or a dental office. A health carrier may require prior authorization
of
hospitalization for dental care procedures in the same manner that prior authorization is required
for
hospitalization for other covered diseases or conditions.
Section 3. That the code be amended by adding a NEW SECTION to read:
The provisions of this Act are effective the first plan year, policy year, or renewal date on or after
January 1, 2019.
Signed February 28, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\279.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\280.wpd
CHAPTER 280
(HB 1034)
Beneficiaries on life policies and annuity contracts
to be identified and located.
ENTITLED, An Act to require certain insurance companies to identify and locate beneficiaries on
life policies and annuity contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-15 be amended by adding a NEW SECTION to read:
The requirements of this Act apply to any in-force and future policy, annuity contract, and
retained asset account as of July 1, 2018.
This Act does not apply to a policy, annuity contract, or retained asset account of an insurer
unless the policy, annuity contract, or retained asset account was issued or delivered in this state.
The requirements of this Act do not apply to an annuity used to fund an employment-based
retirement plan or program where the insurer does not perform the record-keeping services or the
insurer is not committed by the terms of the annuity contract to pay death benefits to the beneficiaries
of specific plan participants.
Section 2. That chapter 58-15 be amended by adding a NEW SECTION to read:
Terms used in this Act mean:
(1) "Beneficiary," any party entitled to receive the proceeds from a policy, an annuity
contract, or a retained asset account;
(2) "Beneficiary search," reasonable and good faith efforts, that an insurer documents, to
identify a beneficiary, determine a current address for the beneficiary, and contact the
beneficiary;
(3) "Death Master File" or "DMF," the United States Social Security Administration's Death
Master File or any other database or service that is at least as comprehensive as the United
States Social Security Administration's Death Master File for determining that an
individual has reportedly died;
(4) "Death Master File match," a search of the DMF that results in a match of the social
security number or name and date of birth of an insured;
(5) "Insured," an individual identified in a policy, retained asset account, or annuity contract
whose death obligates the insurer to pay benefits or proceeds;
(6) "Knowledge of death," knowledge of death of insured by:
(a) Receipt of an original or valid copy of a certified death certificate; or
(b) A DMF match validated in good faith efforts by the insurer;
(7) "Lapse," the termination of a policy resulting from nonpayment of premiums or, in the
case of variable life and universal life insurance policies, the depletion of cash value
below the amount needed to keep the policy in force;
(8) "Policy," any policy or certificate of life insurance that provides a death benefit. The term
does not include:
(a) Any policy or certificate of life insurance that provides a death benefit under an
employee welfare benefit plan subject to the federal Employee Retirement Income
Security Act of 1974 (ERISA) as of January 1, 2018, for which the insurer does not
provide record-keeping services or under any federal employee benefit program;
(b) Preneed insurance;
(c) Any policy or certificate of credit life or mortgage life;
(d) Any accidental death or health policies, riders, or certificates, including disability
and long-term care policies, riders, or certificates; or
(e) Any policy issued to a group master policyholder for which the insurer does not
provide record-keeping services;
(9) "Preneed insurance," any life insurance policy or certificate that is used in combination
with, in support of, with an assignment to, or as a guarantee for a prearrangement
agreement for goods and services to be provided at the time of and immediately following
the death of the insured. Goods and services includes embalming, cremation, body
preparation, viewing or visitation, coffin or urn, memorial stone, and transportation of the
deceased. The status of the policy or contract as preneed insurance is determined at the
time of issue in accordance with the policy form filing;
(10) "Record-keeping services," those circumstances under which the insurer has agreed with
a group life insurance policy holder or contract owner to be responsible for obtaining,
maintaining, and administering the insurer's system or a system for its agents. The
information about each individual insured under an insured's group insurance contract (or
a line of coverage thereunder) in the system shall include at least the following
information:
(a) Social security number or name and date of birth;
(b) Beneficiary designation information;
(c) Coverage eligibility;
(d) Benefit amount; and
(e) Premium payment status;
(11) "Records," information regarding any policy, annuity contract, and retained asset account
maintained in the insurer's administrative system or the administrative system of any third
party retained by the insurer. The term does not include the information maintained by a
group life insurance policyholder or contract owner;
(12) "Retained asset account," any mechanism whereby the settlement of proceeds payable
under a policy or individual annuity contract, including the payment of cash surrender
value, is accomplished by the insurer or an entity acting on behalf of the insurer
establishing an account with check or draft-writing privileges, where those proceeds are
retained by the insurer, pursuant to a supplementary contract not involving annuity
benefits;
(13) "Retained asset account holder," the owner of a retained asset account or other person to
file a claim for, or otherwise receive proceeds in accordance with the terms of the retained
asset account.
Section 3. That chapter 58-15 be amended by adding a NEW SECTION to read:
As of January 1, 2019, an insurer shall have compared all in-force policies, annuity contracts,
and retained asset accounts at the time of enactment against the full DMF to identify potential
matches of its insureds.
Section 4. That chapter 58-15 be amended by adding a NEW SECTION to read:
An insurer shall compare all in-force policies, annuity contracts, and retained asset accounts and
policies that lapse in its records against any updates to the DMF on at least a semi-annual basis to
identify potential matches of its insureds.
Section 5. That chapter 58-15 be amended by adding a NEW SECTION to read:
Each insurer shall implement reasonable procedures to do the searches required in sections 3 and
4 of this Act that account for:
(1) Common nicknames, initials used in lieu of a first or middle name, use of a middle name,
compound first and middle names, and interchanged first and middle names;
(2) Compound last names, maiden or married names, and hyphens, blank spaces, or
apostrophes in last names;
(3) Transposition of the month and day portions of the date of birth; and
(4) Incomplete social security numbers.
Upon identifying a potential match pursuant to this section, an insurer shall promptly make
reasonable good faith efforts to validate the match by confirming the death of an insured.
Section 6. That chapter 58-15 be amended by adding a NEW SECTION to read:
The director may exempt an insurer from the DMF comparisons required under this Act if the
insurer demonstrates to the director's satisfaction that compliance would result in financial hardship
to the insurer.
In making the determination the director may take into consideration the number of policies
involved, the costs of conducting a retroactive search in relation to the collected premiums for those
policies, whether the policy information is stored electronically, and whether the insurer previously
has engaged in the use of the DMF for its annuity contracts, but not for its life insurance policies.
Section 7. That chapter 58-15 be amended by adding a NEW SECTION to read:
Upon receipt of information establishing knowledge of death, the insurer shall check its records
to determine whether the insurer has any other policies, annuity contracts, or retained asset accounts
for that insured.
Upon receipt of information establishing knowledge of death of an insured, the insurer shall
notify each United States affiliate, parent or subsidiary, as appropriate, and any entity with which the
insurer contracts that may maintain or control records related to policies, annuity contracts, or
retained asset accounts to which this Act applies, of the knowledge of death or match, and make a
reasonable and good faith effort to ensure that each affiliate, parent or subsidiary, or other entity
performs a check of their records.
Section 8. That chapter 58-15 be amended by adding a NEW SECTION to read:
If the insurer has not been contacted by a beneficiary within one hundred twenty days of an
insurer's receipt of information establishing the insurer's knowledge of death, the insurer shall
commence a beneficiary search. The beneficiary search shall be completed within one year from the
date the insurer received the information.
Section 9. That chapter 58-15 be amended by adding a NEW SECTION to read:
An insurer may disclose the minimum necessary personal information about an insured or
beneficiary to a person to whom the insurer reasonably believes may be able to assist the insurer to
locate the beneficiary or a person otherwise entitled to payment of the proceeds.
Section 10. That chapter 58-15 be amended by adding a NEW SECTION to read:
An insurer or its service provider may not charge any beneficiary or other authorized
representative for any fees or costs associated with a DMF search or verification of a DMF match
conducted pursuant to this Act.
Section 11. That chapter 58-15 be amended by adding a NEW SECTION to read:
If the insurer locates a beneficiary and has not received a claim from the beneficiary within thirty
days after the date of location, the insurer shall provide appropriate claim forms or instructions to
the beneficiary to make a claim.
Section 12. That chapter 58-15 be amended by adding a NEW SECTION to read:
At no later than the policy delivery or the establishment of an account, and upon any change of
insured or beneficiary, an insurer shall request information sufficient to ensure that all benefits or
proceeds are distributed to the appropriate persons upon the death of the insured including, at a
minimum, the name, address, date of birth, social security number, and telephone number of each
insured and beneficiary of a policy or account, as applicable.
If an insurer issues a policy or provides an account based on information received directly from
an insured's employer, the insurer may obtain the beneficiary information by communicating with
the insured after the insurer's receipt of the information from the insured's employer.
Section 13. That chapter 58-15 be amended by adding a NEW SECTION to read:
The insurer shall retain documentation of compliance with this Act for five years.
Section 14. That chapter 58-15 be amended by adding a NEW SECTION to read:
The director may promulgate rules, pursuant to chapter 1-26, to provide definition of terms,
notification requirements, exemption criteria, beneficiary searches, and forms.
Section 15. That chapter 58-15 be amended by adding a NEW SECTION to read:
Notwithstanding the provisions of this chapter, if an insurer fails to locate a beneficiary following
a beneficiary search, the insurer shall report and remit the proceeds pursuant to chapter 43-41B.
Any insurer subject to this Act shall comply with all applicable requirements in chapter 43-41B.
Signed February 8, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\280.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\281.wpd
CHAPTER 281
(SB 141)
Pharmacy benefits management.
ENTITLED, An Act to establish certain provisions regarding pharmacy benefits management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-29E be amended by adding a NEW SECTION to read:
A pharmacy benefits manager may neither prohibit nor penalize a pharmacist or pharmacy for
providing cost-sharing information on the amount a covered individual may pay for a particular
prescription drug.
Section 2. That chapter 58-33 be amended by adding a NEW SECTION to read:
The following acts or practices by a pharmacy benefits manager are declared to be false,
misleading, deceptive, or unfair:
(1) Prohibiting a pharmacist or pharmacy for providing cost-sharing information on the
amount that a covered individual may pay for a particular prescription drug by a
pharmacist or pharmacy; or
(2) Penalizing a pharmacist or pharmacy for providing cost-sharing information on the
amount that a covered individual may pay for a particular prescription drug by a
pharmacist or pharmacy.
Signed February 27, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\281.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\282.wpd
CHAPTER 282
(HB 1033)
Licensing renewal revised for business insurance producers.
ENTITLED, An Act to revise certain licensing renewal procedures for business insurance producers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 58-30 be amended by adding a NEW SECTION to read:
Each business entity licensed under this chapter shall file a biennial license renewal with the
director on or before July first or within an extension of time granted by the director for good cause.
The renewal application shall be in the form prescribed by the director.
Section 2. That chapter 58-30 be amended by adding a NEW SECTION to read:
Failure to file a timely renewal application shall result in lapsing of the license. A business entity
may reinstate its license in the same manner as an individual insurance producer as provided in § 58-30-154.
Section 3. That chapter 58-30 be amended by adding a NEW SECTION to read:
In the license renewal application, each business entity shall designate an individual licensed
insurance producer responsible for the business entity's compliance with the insurance laws of this
state.
Signed February 27, 2018
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\282.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\283.wpd
CHAPTER 283
(HB 1041)
Insurers' internal audit requirements revised.
ENTITLED, An Act to revise certain provisions regarding insurers' internal audit requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 58-43-1 be amended to read:
58-43-1. Terms used in this chapter mean:
(1) "Accountant," an independent certified public accountant or accounting firm in good
standing with the American Institute of Certified Public Accountants and in all states in
which the accountant or firm is licensed to practice. For Canadian and British companies,
an accountant is a Canadian-chartered or British-chartered accountant;
(2) "Affiliate of a person" or "Affiliated with a specific person," a person that directly or
indirectly through one or more intermediaries, controls, or is controlled by, or is under
common control with, the person specified;
(3) "Audit committee," a committee established by the board of directors of an entity for the
purpose of overseeing the accounting and financial reporting processes of an insurer or
group of insurers, the internal audit function of an insurer or a group of insurers, if
applicable, and external audits of financial statements of the insurer or group of insurers.
The audit committee of any entity that controls a group of insurers may be deemed to be
the audit committee for one or more of these controlled insurers solely for the purposes
of this chapter at the election of the controlling person;
(4) "Indemnification," an agreement of indemnity or a release from liability where the intent
or effect is to shift or limit in any manner the potential liability of the person or firm for
failure to adhere to applicable auditing or professional standards, whether or not resulting
in part from knowing of other misrepresentations made by the insurer or the insurer's
representatives;
(5) "Insurer," an authorized insurer as defined in subdivision 58-1-2(2);
(6) "Group of insurers," those insurers included in the reporting requirements of chapter 58-5A, or a set of insurers as identified by management, for the purpose of assessing the
effectiveness of internal control over financial reporting;
(7) "Internal audit function," any person who provides independent, objective, and reasonable
assurance designed to add value and improve an organization's operations and accomplish
the organization's objectives by using a systematic, disciplined approach to evaluate and
improve the effectiveness of each risk management, control, and governance process;
(8) "Internal control over financial reporting," a process effected by an entity's board of
directors, management, and other personnel designed to provide reasonable assurance
regarding the reliability of the financial statements and includes those policies and
procedures that:
(a) Pertain to the maintenance of records that, in reasonable detail, accurately and
fairly reflect the transactions and dispositions of assets;
(b) Provide reasonable assurance that transactions are recorded as necessary to permit
preparation of the financial statements and that receipts and expenditures are being
made only in accordance with authorizations of management and directors; and
(c) Provide reasonable assurance regarding prevention or timely detection of
unauthorized acquisition, use or disposition of assets that could have a material
effect on the financial statements;
(8)(9) "SEC," the United States Securities and Exchange Commission;
(9)(10) "Section 404," Section 404 of the Sarbanes-Oxley Act of 2002 as amended in
effect as of January 1, 2009 2018;
(10)(11) "Section 404 report," management's report on internal control over financial
reporting as defined by the SEC and the related attestation report of the
independent certified public accountant;
(11)(12) "SOX compliant entity," an entity that either is required to be compliant with, or
voluntarily is compliant with, all of the following provisions of the Sarbanes-Oxley
Act of 2002 as amended in effect as of January 1, 2009 2018:
(a) The preapproval requirements of Section 201 (Section 10A(i) of the Securities
Exchange Act of 1934);
(b) The audit committee independence requirements of Section 301 (Section
10A(m)(3) of the Securities Exchange Act of 1934); and
(c) The internal control over financial reporting requirements of Section 404 (Item 308
of SEC Regulation S-K).
Section 2. That § 58-43-16.2 be amended to read:
58-43-16.2. The audit committee shall be directly responsible for the appointment, compensation,
and oversight of the work of any accountant, including resolution of disagreements between
management and the accountant regarding financial reporting, for the purpose of preparing or issuing
the audited financial report or related work pursuant to this chapter. Each accountant shall report
directly to the audit committee.
The audit committee of an insurer or a group of insurers shall be responsible for overseeing the
insurer's internal audit function and granting each person performing the function suitable authority
and resources to complete the audit committee's responsibilities required by sections 3 to 6,
inclusive, of this Act.
Section 3. That chapter 58-43 be amended by adding a NEW SECTION to read:
The insurer or group of insurers shall establish an internal audit function providing independent,
objective, and reasonable assurance to the audit committee and insurer management regarding the
insurer's governance, risk management, and internal controls. This assurance shall be provided by
performing general and specific audits, reviews, and tests and by employing other techniques deemed
necessary to protect assets, evaluate control effectiveness and efficiency, and evaluate compliance
with policies and regulations.
Section 4. That chapter 58-43 be amended by adding a NEW SECTION to read:
In order to ensure that an internal auditor remains objective, the internal audit function shall be
organizationally independent. The internal audit function may not defer ultimate judgment on audit
matters to others and shall appoint an individual to head the internal audit function who has direct
and unrestricted access to the board of directors. Organizational independence does not preclude
dual-reporting relationships.
Section 5. That chapter 58-43 be amended by adding a NEW SECTION to read:
The head of the internal audit function shall report to the audit committee regularly, but no less
than annually, on the periodic audit plan, factors that may adversely impact the internal audit
function's independence or effectiveness, material findings from completed audits, and the
appropriateness of corrective actions implemented by management as a result of audit findings.
Section 6. That chapter 58-43 be amended by adding a NEW SECTION to read:
If an insurer is a member of an insurance holding company system or included in a group of
insurers, the insurer may satisfy the internal audit function requirements provided in sections 3 to
5, inclusive, of this Act, at the ultimate controlling parent level, an intermediate holding company
level, or the individual legal entity level.
Section 7. That chapter 58-43 be amended by adding a NEW SECTION to read:
An insurer is exempt from the requirements of sections 3 to 6, inclusive, of this Act, if the
insurer:
(1) Has annual direct written and unaffiliated assumed premium, including international
direct and assumed premium but excluding any premium that is reinsured with the Federal
Crop Insurance Corporation and Federal Flood Program, and that is less than five hundred
million dollars; and
(2) Is a member of a group of insurers, the group has annual direct written and unaffiliated
assumed premium including international direct and assumed premium, but excluding any
premium that is reinsured with the Federal Crop Insurance Corporation and Federal Flood
Program, and that is less than one billion dollars.
If an insurer or group of insurers no longer qualifies for this exemption, it has one year after the
year the threshold is exceeded to comply with this Act.
Signed February 5, 2018
_______________
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UNEMPLOYMENT COMPENSATION
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\284.wpd
CHAPTER 284
(HB 1030)
Cancellation of uncollectible
unemployment insurance contributions.
ENTITLED, An Act to provide for the cancellation of certain uncollectible unemployment insurance
contributions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 61-5 be amended by adding a NEW SECTION to read:
If any liability was established under § 61-5-35, as well as interest, penalties, or fees remain
unpaid by an employer ten years or more after the liability was established and reasonable efforts
have been made to recover the liability, the secretary may declare the sums uncollectible and cancel
the liability if satisfied there are no available means of collecting the liability. The secretary may
declare at any time as uncollectible any amount due from an employer for which liability was
established under § 61-5-35, as well as interest, penalties, or fees remain unpaid upon receipt of
proper certification by a Department of Labor and Regulation representative that the liability is
uncollectible due to death or bankruptcy.
Signed February 5, 2018
_______________
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WORKERS' COMPENSATION
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\285.wpd
CHAPTER 285
(HB 1029)
Fees increased for self-insured employers.
ENTITLED, An Act to increase certain fees for self-insurance by employers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 62-5-5 be amended to read:
62-5-5. If an employer coming under the provisions of this title annually furnishes satisfactory
proof to the Department of Labor and Regulation of the employer's solvency and financial ability to
pay the compensation required by this title, the employer is relieved from the provisions of § 62-5-1.
Each employer shall submit an application fee not to exceed two thousand five hundred dollars to
the Department of Labor and Regulation at the time proof of solvency is submitted. The Department
of Labor and Regulation shall set, by rules promulgated pursuant to chapter 1-26, the amount of the
application fee.
All fees paid to the department pursuant to this section shall be deposited with the state treasurer
and shall be credited to the Department of Labor and Regulation special revenue fund which is
hereby created. The money deposited shall be dedicated and continuously appropriated to the
department for purposes of conducting an actuarial review of the applicant's financial condition and
automating the administration of the workers' compensation law.
Upon receiving satisfactory proof of financial solvency and surety for performance required by
§ 62-5-10, the department shall issue a certificate of exemption relieving the employer of the
obligation to purchase worker's compensation insurance provided in §§ 62-5-2 and 62-5-3. The
department may revoke this certificate if the employer fails to comply with the provisions of
Titles
titles 58 and 62, or with any rules promulgated by the Department of Labor and Regulation.
Section 2. That ARSD 47:03:02:01 be amended to read:
47:03:02:01...Application fee for self-insurance. The application fee for self-insurance under
SDCL 62-5-5 is
$2,000 $2,250.
Signed March 1, 2018
_______________
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SUPREME COURT RULES AND ORDERS
_______________
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\286.wpd
CHAPTER 286
SCR 17-07
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-83 RULE 17-07
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on May 30, 2017, at Pierre, South Dakota, relating to the amendment of
SDCL 15-6-83, and the Court having considered the proposed amendment and oral presentation
thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 15-6-83 be and it is hereby amended to read in its entirety as follows:
15-6-83. Rules by courts of record. A majority of the judges in each circuit court may make and
amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of
the intent to adopt, amend, or repeal any rule shall be given by filing a copy of the proposed rule,
amendment, or repeal in the office of the clerk of courts in each county within the circuit to be
affected and by giving notice indicating the purpose of the proposed rule, amendment, or repeal in
general terms and fixing a time and place, not sooner than thirty days following the date of notice,
at which any person may appear and be heard regarding the proposed adoption, amendment, or
repeal. Notice of the proposed adoption, amendment, or repeal of several rules may be given at one
time and in one notice. The notice required by this rule may be given by mailing to all of the active
members of the state bar within the circuit or by publication in all of the newspapers published
within the circuit posting notice at the Unified Judicial System's website at http://www.ujs.sd.gov/
or the State Bar or South Dakota's website at http://www.sdbar.org/. Electronic mail notification
shall also be provided to members of the State Bar of South Dakota.
Any rule, or amendment or repeal thereof, adopted pursuant to this section shall become effective
upon being filed with and approved by the Supreme Court. Upon being approved, all such rules,
amendments or repeals thereof shall be filed by the Supreme Court with the code counsel, who shall
publish them as an appendix to Title 15 of the code. Any rules heretofore adopted pursuant to this
section are hereby nullified.
IT IS FURTHER ORDERED that this rule shall become effective September 1, 2017.
DATED at Pierre, South Dakota, this 5th day of July, 2017.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\287.wpd
CHAPTER 287
SCR 17-08
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
TO THE APPENDIX OF SDCL CHAPTER 16-1A
RELATING TO JUDICIAL NOMINATIONS RULE 17-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on May 30, 2017, at Pierre, South Dakota, relating to the amendment to the
Appendix of SDCL chapter 16-1A, and the Court having considered the proposed amendment and
oral presentation thereto and being fully advised in the premises, now, therefore, it is
ORDERED that the Appendix of SDCL chapter 16-1A Relating to Judicial Nominations be and
it is hereby amended to read in its entirety as follows:
APPENDIX OF SDCL CHAPTER 16-1A
II. JUDICIAL NOMINATIONS
1. Initial Procedure; Investigative Sources; Notice.
(a) Whenever the commission receives a notice of vacancy of a judicial office within the
jurisdiction of the commission, the commission shall actively seek out and encourage applications.
The commission shall require completion of a questionnaire which shall include questions relating
to the background and qualifications of the applicant, a waiver of confidentiality of all materials
necessary to adequately investigate each applicant, including, but not limited to, disciplinary records
of the South Dakota State Bar Disciplinary Board, any other bar association disciplinary records, and
records maintained by any law enforcement agency.
(b) The commission may also require financial disclosure from the applicant to include, but not
limited to, South Dakota sales tax returns and financial statements.
(c) The commission shall advertise the judicial vacancy
in the State Bar Newsletter circulated
throughout the State of South Dakota or by first class mail to all members of the State Bar of South
Dakota by posting notice at the Unified Judicial System's website at http://www.ujs.sd.gov/ or the
State Bar of South Dakota's website at http://www.sdbar.org/. Electronic mail notification shall also
be provided to members of the State Bar of South Dakota. Any member of the State Bar of South
Dakota may request notice of a judicial vacancy through first class mail by contacting the Secretary
of the commission. The advertisement shall afford reasonable notice to prospective applicants of the
vacancy. The commission shall acknowledge receipt of each application submitted for the judicial
vacancy.
IT IS FURTHER ORDERED that this rule shall become effective September 1, 2017.
DATED at Pierre, South Dakota, this 5th day of July, 2017.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\288.wpd
CHAPTER 288
SCR 17-09
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-3-5.1 RULE 17-09
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on May 30, 2017, at Pierre, South Dakota, relating to the amendment of
SDCL 16-3-5.1, and the Court having considered the proposed amendment and oral presentation
thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-3-5.1 be and it is hereby amended to read in its entirety as follows:
16-3-5.1. Court rules--Filing of notice of rule changes proposed by Supreme Court--Publication
hearing--Combined notices--Rules governing internal operation effective on filing. Any new rule,
amendment, or repeal of existing rules or statutes relating to the administration of the courts, the
number and composition of circuits and judges assigned to the circuits, to pleading, practice, or
procedure, or to the admission, disbarment, discipline and reinstatement of attorneys to practice the
profession of law may be adopted by the Supreme Court.
A proposed new rule, amendment or repeal shall be filed in the office of the clerk of the Supreme
Court together with a discussion of the proposed change which shall include:
(1) The identity of the proponent or proponents of the change;
(2) A detailed explanation of the change and the reasons for the change;
(3) An analysis of the state or federal rule or statute that the change is based upon, if any;
(4) A comparison of the change with federal rules or local federal rules on the same subject,
if any, and an explanation of any differences; and
(5) An analysis of how the change affects existing rules or statutes.
The clerk of the Supreme Court shall give thirty days' notice of an intention to adopt, amend, or
repeal rules
in a publication of general circulation among the active by electronic mail notification
to members of the State Bar of South Dakota,
or post by posting notice at the Unified Judicial
System's website at
http://www.sdjudicial.com/ and http://ujs.sd.gov/ or the State Bar of South
Dakota's website at http://www.sdbar.org/, or such other notice as the Court may order.
Any member
of the State Bar of South Dakota may request notification of an intention to adopt, amend, or repeal
rules through first class mail by contacting the clerk of the Supreme Court. The notice shall fix a
time and place when any person interested may appear and be heard with reference to the adoption,
amendment, or repeal of rules.
Notice of adoption of several rules, amendments, or repeals of rules may be given at one time
and in one notice.
All other rules adopted by the Supreme Court concerning its internal operations under its
constitutional or statutory rule-making power shall be filed with the clerk of the Supreme Court and
unless otherwise ordered shall become effective when so filed without further notice.
IT IS FURTHER ORDERED that this rule shall become effective July 5, 2017.
DATED at Pierre, South Dakota, this 5th day of July, 2017.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\289.wpd
CHAPTER 289
SCR 17-10
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE ADOPTION
OF A NEW RULE RELATING TO
STYLE AND FORM OF AMENDED
SUPREME COURT RULES RULE 17-10
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on May 30, 2017, at Pierre, South Dakota, relating to the adoption of a new
rule relating to style and form of amended Supreme Court Rules, and the Court having considered
the proposed adoption and oral presentation thereto and being fully advised in the premises, now,
therefore, it is
ORDERED that the adoption of a new rule relating to style and form of amended Supreme Court
Rules be and it is hereby adopted to read in its entirety as follows:
16-3-6.1. Amendment of existing rule--Publication. When the Supreme Court amends an existing
rule, it will supply to the State Bar, for publication in the State Bar Newsletter, a copy of the
amended rule, with deletions shown by strike-throughs and additions shown by underscores.
IT IS FURTHER ORDERED that this rule shall become effective September 1, 2017.
DATED at Pierre, South Dakota, this 5th day of July, 2017.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\290.wpd
CHAPTER 290
SCR 17-11
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-13-10 RULE 17-11
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on May 30, 2017, at Pierre, South Dakota, relating to the amendment of
SDCL 23A-13-10, and the Court having considered the proposed amendment and oral presentation
thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 23A-13-10 be and it is hereby amended to read in its entirety as follows:
23A-13-10. Kinds of prior statements subject to discovery by defendant.The term "statement,"
as used in §§ 23A-13-7 to 23A-13-9, inclusive, in relation to any witness called by the prosecuting
attorney, means:
(1) A written statement made by such witness and signed or otherwise adopted or approved
by him;
(2) A stenographic, mechanical, electrical, or other recording, or a transcription thereof,
which is a substantially verbatim recital of an oral statement made by such witness and
recorded contemporaneously with the making of such oral statement;
(3) A statement, however taken or recorded, or a transcription thereof, if any, made by such
witness to a grand jury;
(4) A summary of an oral declaration made by someone other than the witness that has been
reduced to writing
, except for a summary written by a prosecuting attorney.
IT IS FURTHER ORDERED that this rule shall become effective September 1, 2017.
DATED at Pierre, South Dakota, this 5th day of July, 2017.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\291.wpd
CHAPTER 291
SCR 17-12
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE ADOPTION
TO THE APPENDIX OF SDCL CHAPTER 16-17
RELATING TO THE BY-LAWS OF THE
STATE BAR OF SOUTH DAKOTA RULE 17-12
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on November 7, 2017, at Pierre, South Dakota, relating to the proposed
adoptions to the Appendix of SDCL chapter 16-17 relating to the By-Laws of the State Bar of South
Dakota, and the Court having considered the proposed adoptions and oral presentation thereto and
being fully advised in the premises, now, therefore, it is
ORDERED that the Appendix of SDCL chapter 16-17 relating to the By-Laws of the State Bar
of South Dakota be and they are hereby adopted to include the following:
APPENDIX OF SDCL CHAPTER 16-17
THE STATE BAR OF SOUTH DAKOTA BY-LAWS
Section 34. Electronic Communications
Any action required by law or required by these by-laws to be taken at a meeting of the Board
of Bar Commissioners or any action which may be taken at a meeting of the Board, may be taken
without a meeting if all of the Commissioners consent in writing, which writing sets forth the action
so taken and is signed by all the Commissioners. Such consent shall have the force and effect of a
unanimous vote, and may be stated as such in any document, whether or not filed with the secretary
of state of South Dakota.
Section 35. Board Action (with less than required notice)
Meetings and action of the Board of Bar Commissioners held with less than required notice may
be held upon unanimous consent of the Board. Once unanimous consent is obtained, the Board may
act upon majority vote of the Commissioners present at the meeting. A vote on the merits is deemed
to be a waiver of the notice requirement.
Section 36. Action without a Meeting
Any action required by law or required by these by-laws to be taken at a meeting of the Board
of Bar Commissioners or any action which may be taken at a meeting of the Board, may be taken
without a meeting if all of the Commissioners consent in writing, which writing sets forth the action
so taken and is signed by all the Commissioners. Such consent shall have the force and effect of a
unanimous vote, and may be stated as such in any document, whether or not filed with the secretary
of state of South Dakota.
Section 37. Conflict of Interest
Each Bar Commissioner shall timely advise the Board of any conflict of interest. Upon notice
and explanation of a conflict of interest, the Board may, by majority vote, exercise any of the
following options:
(a) Require recusal of the Commissioner on the conflicted matter;
(b) Authorize the Commissioner to speak on the merits of the matter but refrain from voting;
(c) Waive the conflict and authorize the Commissioner to vote; or
(d) Authorize action appropriate and consistent with the Board's fiduciary duties.
IT IS FURTHER ORDERED that this rule shall become effective immediately.
DATED at Pierre, South Dakota, this 13th day of November, 2017.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\292.wpd
CHAPTER 292
SCR 18-01
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-21A-2(4) RULE 18-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment
of SDCL 16-21A-2(4), and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-21A-2(4) be and it is hereby amended to read in its entirety as
follows:
16-21A-2. Electronic filing.(1) Documents filed electronically in the circuit courts or magistrate
courts, excluding small claims, shall be submitted through the Odyssey® electronic filing system in
all counties where available. Any user shall be required to register with the court and designate an
email address prior to using the electronic filing system. The presiding judge of a judicial circuit may
direct that small claims cases be filed through the electronic filing system except as specifically
exempted by these rules or court order.
(2) Effective July 1, 2014, except as specifically exempted by these rules or court order, all
filings, notices, petitions, pleadings, motions, briefs or documents, with the exception of small
claims, shall be filed electronically for all civil case types. For criminal case types all documents,
except the initiating pleading or documents specifically exempted by these rules or court order, shall
be filed electronically. Self-represented litigants may file electronically, but shall not be required to
file electronically. On a showing of good cause, an attorney required to file electronically may be
granted leave of court to file paper documents with the clerk of court. The service of any summons
or subpoena shall follow the requirements of § 15-6-4 or 15-6-45(c) as applicable.
(3) Registered users will receive electronic notice when documents are entered into the system.
Registration for electronic filing constitutes written consent to electronic service of all documents
filed in accordance with these rules and the Rules of Civil Procedure. Electronic service through the
electronic filing system shall be deemed service by mail for purposes of adding an additional three
days to any prescribed period.
(4) Documents that will not be accepted for electronic filing, unless otherwise directed to be filed
electronically by the court, include:
(a) New criminal case initiating documents;
(b) Motions requesting that a document be sealed and original sealed documents;
(c) Trial or hearing exhibits;
(d) Wills to be retained for safekeeping pursuant to § 29A-2-515;
(e) Oversized documents that cannot be scanned effectively;
(f) Documents not of sufficient graphical quality to be legible when scanned;
(g) Administrative appeal records filed with the court pursuant to § 1-26-33;
(h) Discovery documents as provided by § 15-6-5(g); and
(i)(h) Any other documents directed by the court not to be filed electronically.
(5) A document filed or served electronically has the same legal effect as a paper document.
(6) Any signature on a document filed electronically is considered that of the attorney or party
it purports to be for all purposes. If it is established that the documents were transmitted without
authority, the court shall strike the filing.
(7) Documents requiring signatures of more than one party may be electronically filed either by
(a) submitting a scanned document containing all necessary signatures; (b) identifying on the
document the parties whose signatures are required and by the submission of a notice of endorsement
by the other parties no later than seven days after filing; or (c) in any other manner approved by the
court. When filing documents that require signatures from other parties, it is not permissible to insert
a "/s/" for another person's signature.
(8) All paragraphs, excluding attachments, shall be numbered in all documents, except briefs,
filed electronically. Reference to material in such documents shall be to paragraph number, not page
number.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\293.wpd
CHAPTER 293
SCR 18-02
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 1-26-33 RULE 18-02
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment
of SDCL 1-26-33, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 1-26-33 be and it is hereby amended to read in its entirety as follows:
1-26-33. Record transmitted to circuit court--Limitation of record--Corrections and
additions.Within thirty days after the service of the notice of appeal, or within further time allowed
by the court, the agency shall transmit to the reviewing court the original or a certified electronic
copy of the entire record of the proceeding under review. By stipulation of all parties to the review
proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the
record may be taxed by the court for the additional costs. The court may require or permit subsequent
corrections or additions to the record.
It shall be the duty of the agency to assemble and consecutively number the pages of all
documents, papers, and exhibits filed with the agency, including any opinions and decisions which
the agency may have filed or authorized for filing. The agency shall then prepare and attach an
alphabetical and chronological index to the
electronic record and shall serve a copy of such index
on all parties to the review proceedings at the time the record is submitted to the reviewing court.
If any portions of the record are not legible or are altered when converted to an electronic image they
must be provided in hardcopy format.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\294.wpd
CHAPTER 294
SCR 18-03
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-5(g) RULE 18-03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment
of SDCL 15-6-5(g), and the Court having considered the proposed amendment thereto and being
fully advised in the premises, now, therefore, it is
ORDERED that SDCL 15-6-5(g) be and it is hereby amended to read in its entirety as follows:
15-6-5(g). Documents not to be filed--Depositions.No depositions (except notices to take
depositions), interrogatories, requests for documents, requests for admissions, and answers and
responses thereto shall be filed with the clerk of the court except as provided in this section. Any
such filing shall be made electronically in full-size print unless otherwise ordered by the court. Any
exhibits to such documents shall be clearly identified and included as a separate electronic file or
hyperlinked within the transcript file.
Any discovery materials necessary for the disposition of any motion filed with the court or
referenced in any filing with the court shall be attached as an exhibit and filed with the party's motion
in its entirety. Financial account information filed with the court as an exhibit under this section shall
be confidential pursuant to §§ 15-15A-8 and 15-15A-9, and shall remain confidential unless and
until access is granted by the court under § 15-15A-10.
If any party designated any or all of any deposition as evidence to be offered in the trial of any
case, such deposition shall be filed
in electronic format in its entirety with the clerk of the court at
the same time as that party's designation.
Depositions used by a party only for the purpose of contradicting or impeaching the testimony
of deponent as a witness, pursuant to subdivision 15-6-32(a)(1), shall not be filed unless otherwise
ordered by the judge presiding at the hearing or trial.
All depositions which have been read or offered into evidence by agreement of parties, or at the
trial or submission of the case to the court, shall become a permanent part of the file.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
_______________
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\295.wpd
CHAPTER 295
SCR 18-04
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 18-04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, 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 prepare an electronic copy of the deposition transcript, including any
changes as provided in § 15-6-30(e), and 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 promptly send the certified electronic original of 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
who must store it for filing purposes if necessary. Documents and things produced for
inspection during the examination of the witness, shall, upon the request of a party, be
marked for identification and electronic files 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, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
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CHAPTER 296
SCR 18-05
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-3-5.1 RULE 18-05
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A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment
of SDCL 16-3-5.1, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 16-3-5.1 be and it is hereby amended to read in its entirety as follows:
16-3-5.1. Court rules--Filing of notice of rule changes proposed by Supreme Court--Publication
hearing--Combined notices--Rules governing internal operation effective on filing. Any new rule,
amendment, or repeal of existing rules or statutes relating to the administration of the courts, the
number and composition of circuits and judges assigned to the circuits, to pleading, practice, or
procedure, or to the admission, disbarment, discipline and reinstatement of attorneys to practice the
profession of law may be adopted by the Supreme Court.
A proposed new rule, amendment
, or repeal shall be filed in the office of the clerk of the
Supreme Court
together with
deletions shown by strike-throughs and additions shown by underscore.
The proposed new rule, amendment, or repeal shall include a discussion of the proposed change
which shall include and:
(1) The identity of the proponent or proponents of the change;
(2) A detailed explanation of the change and the reasons for the change;
(3) An analysis of the state or federal rule or statute that the change is based upon, if any;
(4) A comparison of the change with federal rules or local federal rules on the same subject,
if any, and an explanation of any differences, if any; and
(5) An analysis of how the change affects existing rules or statutes.
The clerk of the Supreme Court shall give thirty days' notice of an intention to adopt, amend, or
repeal rules by electronic mail notification to members of the State Bar of South Dakota, by posting
notice at the Unified Judicial System's website at http://ujs.sd.gov/ or
at the State Bar of South
Dakota's website at http://www.sdbar.org/, or such other notice as the Court may order.
Notice shall
include a copy of the proposed rule and the explanation of proposal described above in subdivisions
(1) to (5). Any member of the State Bar of South Dakota may request notification of an intention to
adopt, amend, or repeal rules through first class mail by contacting the clerk of the Supreme Court.
The notice shall fix a time and place when any person interested may appear and be heard with
reference to the adoption, amendment, or repeal of rules.
Notice of adoption of several rules, amendments, or repeals of rules may be given at one time
and in one notice.
All other rules adopted by the Supreme Court concerning its internal operations under its
constitutional or statutory rule-making power shall be filed with the clerk of the Supreme Court and
unless otherwise ordered shall become effective when so filed without further notice.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
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CHAPTER 297
SCR 18-06
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENTS
AND ADOPTIONS TO: APPENDIX A
TO CHAPTER 16-18 SOUTH DAKOTA
RULES OF PROFESSIONAL CONDUCT RULE 18-06
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A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendments
and adoption to Appendix A to SDCL Chapter 16-18, South Dakota Rules of Professional Conduct,
and the Court having considered the proposed amendments and oral presentation relating thereto and
being fully advised in the premises, now, therefore, it is
ORDERED that Appendix A to SDCL Chapter 16-18 South Dakota Rules of Professional
Conduct be and it is hereby amended to read in its entirety as follows:
APPENDIX A TO SDCL CHAPTER 16-18
SOUTH DAKOTA RULES OF PROFESSIONAL CONDUCT
CLIENT-LAWYER RELATIONSHIP
(a) "Belief" or "believes" denotes that the person involved actually supposed the fact in question
to be true. A person's belief may be inferred from circumstances.
(b) "Confirmed in writing," when used in reference to the informed consent of a person, denotes
informed consent that is given in writing by the person or a writing that a lawyer promptly transmits
to the person confirming an oral informed consent. See paragraph (e) for the definition of "informed
consent." If it is not feasible to obtain or transmit the writing at the time the person gives informed
consent, then the lawyer must obtain or transmit it within a reasonable time thereafter.
(c) "Firm" or "law firm" denotes a lawyer or lawyers in a law partnership, professional
corporation, sole proprietorship or other association authorized to practice law; or lawyers employed
in a legal services organization or the legal department of a corporation or other organization.
(d) "Fraud" or "fraudulent" denotes conduct that is fraudulent under the substantive or procedural
law of the applicable jurisdiction and has a purpose to deceive.
(e) "Informed consent" denotes the agreement by a person to a proposed course of conduct after
the lawyer has communicated adequate information and explanation about the material risks of and
reasonably available alternatives to the proposed course of conduct.
(f) "Knowingly," "known," or "knows" denotes actual knowledge of the fact in question. A
person's knowledge may be inferred from circumstances.
(g) "Partner" denotes a member of a partnership, a shareholder in a law firm organized as a
professional corporation, or a member of an association authorized to practice law.
(h) "Reasonable" or "reasonably" when used in relation to conduct by a lawyer denotes the
conduct of a reasonably prudent and competent lawyer.
(i) "Reasonable belief" or "reasonably believes" when used in reference to a lawyer denotes that
the lawyer believes the matter in question and that the circumstances are such that the belief is
reasonable.
(j) "Reasonably should know" when used in reference to a lawyer denotes that a lawyer of
reasonable prudence and competence would ascertain the matter in question.
(k) "Screened" denotes the isolation of a lawyer from any participation in a matter through the
timely imposition of procedures within a firm that are reasonably adequate under the circumstances
to protect information that the isolated lawyer is obligated to protect under these Rules or other law.
(l) "Substantial" when used in reference to degree or extent denotes a material matter of clear and
weighty importance.
(m) "Tribunal" denotes a court, an arbitrator in a binding arbitration proceeding or a legislative
body, administrative agency or other body acting in an adjudicative capacity. A legislative body,
administrative agency or other body acts in an adjudicative capacity when a neutral official, after the
presentation of evidence or legal argument by a party or parties, will render a binding legal judgment
directly affecting a party's interests in a particular matter.
(n) "Writing" or "written" denotes a tangible or electronic record of a communication or
representation, including handwriting, typewriting, printing, photostating, photography, audio or
video recording and
e-mail electronic communications. A "signed" writing includes an electronic
sound, symbol or process attached to or logically associated with a writing and executed or adopted
by a person with the intent to sign the writing.
Rule 1.6. Confidentiality of Information
(a) A lawyer shall not reveal information relating to the representation of a client unless the client
gives informed consent
except for disclosures that are impliedly authorized in order to carry out the
representation or the disclosure is permitted by, and except as stated in paragraph (b), the disclosure
is impliedly authorized in order to carry out the representation, or the disclosure is permitted by
paragraph (b).
(b) A lawyer may reveal information relating to the representation of a client to the extent the
lawyer reasonably believes necessary:
(1) to prevent the client from committing a criminal act that the lawyer believes is likely to
result in imminent death or substantial bodily harm;
(2) to secure legal advice about the lawyer's compliance with these Rules;
(3) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer
and the client, to establish a defense to a criminal charge or civil claim against the lawyer
based upon conduct in which the client was involved, or to respond to allegations in any
proceeding concerning the lawyer's representation of the client;
(4) to the extent that revelation appears to be necessary to rectify the consequences of a
client's criminal or fraudulent act in which the lawyer's services had been used; or
(5) to comply with other law or a court order; or
(6) to detect and resolve conflicts of interest arising from the lawyer's change of employment
or from changes in the composition or ownership of a firm, but only if the revealed
information would not compromise the attorney-client privilege or otherwise prejudice
the client.
(c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure
of, or unauthorized access to, information relating to the representation of a client.
Rule 1.10. Imputation of Conflicts of Interest General Rule
(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when
any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9, unless
the:
(1) The prohibition is based on a personal interest of the prohibited disqualified lawyer and
does not present a significant risk of materially limiting the representation of the client by
the remaining lawyers in the firm: or
(2) The prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer's
association with a prior firm, and
(i) the disqualified lawyer is timely screened from any participation in the matter and
is apportioned no part of the fee therefrom;
(ii) written notice is promptly given to any affected former client to enable the former
client to ascertain compliance with the provisions of this Rule, which shall include
a description of the screening procedures employed; a statement of the firm's and
of the screened lawyer's compliance with these Rules; a statement that review may
be available before a tribunal; and an agreement by the firm to respond promptly
to any written inquiries or objections by the former client about the screening
procedures; and
(iii) certifications of compliance with these Rules and with the screening procedures are
provided to the former client by the screened lawyer and by a partner of the firm,
at reasonable intervals upon the former client's written request and upon
termination of the screening procedures.
(b) When a lawyer has terminated an association with a firm, the firm is not prohibited from
thereafter representing a person with interests materially adverse to those of a client represented by
the formerly associated lawyer and not currently represented by the firm, unless:
(1) The matter is the same or substantially related to that in which the formerly associated
lawyer represented the client; and
(2) Any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(c) that
is material to the matter.
(c) A disqualification prescribed by this Rule may be waived by the affected client under the
conditions stated in Rule 1.7.
(d) The disqualification of lawyers associated in a firm with former or current government
lawyers is governed by Rule 1.11.
Rule 1.13. Organization as Client
(a) A lawyer employed or retained by an organization represents the organization acting through
its duly authorized constituents.
(b) If a lawyer for an organization knows that an officer, employee or other person associated
with the organization is engaged in action, intends to act or refuses to act in a matter related to the
representation that is a violation of a legal obligation to the organization, or a violation of law
which
that reasonably might be imputed to the organization, and
that is likely to result in substantial injury
to the organization,
then the lawyer shall proceed as is reasonably necessary in the best interest of
the organization.
In determining how to proceed, the lawyer shall give due consideration to the
seriousness of the violation and its consequences, the scope and nature of the lawyer's representation,
the responsibility in the organization and the apparent motivation of the person involved, the policies
of the organization concerning such matters and any other relevant considerations. Any measures
taken shall be designed to minimize disruption of the organization and the risk of revealing
information relating to the representation to persons outside the organization. Such measures may
include among others:
(1) asking for reconsideration of the matter;
(2) advising that a separate legal opinion on the matter be sought for presentation to
appropriate authority in the organization; and
(3) referring the matter to higher authority in the organization, including, if warranted by the
seriousness of the matter, referral to the highest authority that can act on behalf of the
organization as determined by applicable law Unless the lawyer reasonably believes that
it is not necessary in the best interest of the organization to do so, the lawyer shall refer
the matter to higher authority in the organization, including, if warranted by the
circumstances to the highest authority that can act on behalf of the organization as
determined by applicable law.
(c)
If, despite the lawyer's efforts in accordance with paragraph (b), the highest authority that can
act on behalf of the organization insists upon action, or a refusal to act, that is clearly a violation of
law and is likely to result in substantial injury to the organization, the lawyer may resign in
accordance with Rule 1.16 Except as provided in paragraph (d), if
(1) despite the lawyer's efforts in accordance with paragraph (b) the highest authority that can
act on behalf of the organization insists upon or fails to address in a timely and
appropriate manner an action, or a refusal to act, that is clearly a violation of law, and
(2) the lawyer reasonably believes that the violation is reasonably certain to result in
substantial injury to the organization, then the lawyer may reveal information relating to
the representation whether or not Rule 1.6 permits such disclosure, but only if and to the
extent the lawyer reasonably believes necessary to prevent substantial injury to the
organization.
(d) Paragraph (c) shall not apply with respect to information relating to a lawyer's representation
of an organization to investigate an alleged violation of law, or to defend the organization or an
officer, employee or other constituent associated with the organization against a claim arising out
of an alleged violation of law.
(e) A lawyer who reasonably believes that he or she has been discharged because of the lawyer's
actions taken pursuant to paragraphs (b) or (c), or who withdraws under circumstances that require
or permit the lawyer to take action under either of those paragraphs, shall proceed as the lawyer
reasonably believes necessary to assure that the organization's highest authority is informed of the
lawyer's discharge or withdrawal.
(d)(f) In dealing with an organization's directors, officers, employees, members, shareholders or
other constituents, a lawyer shall explain the identity of the client when the lawyer knows or
reasonably should know that the organization's interests are adverse to those of the constituents with
whom the lawyer is dealing.
(e)(g) A lawyer representing an organization may also represent any of its directors, officers,
employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If the
organization's consent to the dual representation is required by Rule 1.7, the consent shall be given
by an appropriate official of the organization other than the individual who is to be represented, or
by the shareholders.
Rule 1.18. Duties to Prospective Client
(a) A person who
discusses consults with a lawyer
about the possibility of forming a
client-lawyer relationship with respect to a matter is a prospective client.
(b) Even when no client-lawyer relationship ensues, a lawyer who has
had discussions with
learned information from a prospective client shall not use or reveal
that information
learned in the
consultation, except as in Rule 1.9 would permit with respect to information of a former client.
(c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse
to those of a prospective client in the same or a substantially related matter if the lawyer received
information from the prospective client that could be significantly harmful to that person in the
matter, except as provided in paragraph (d). If a lawyer is disqualified from representation under this
paragraph, no lawyer in a firm with which that lawyer is associated may knowingly undertake or
continue representation in such a matter, except as provided in paragraph (d).
(d) When the lawyer has received disqualifying information as defined in paragraph (c),
representation is permissible if:
(1) both the affected client and the prospective client have given informed consent, confirmed
in writing, or:
(2) the lawyer who received the information took reasonable measures to avoid exposure to
more disqualifying information than was reasonably necessary to determine whether to
represent the prospective client; and
(i) the disqualified lawyer is timely screened from any participation in the matter and
is apportioned no part of the fee therefrom; and
(ii) written notice is promptly given to the prospective client.
ADVOCATE
Rule 3.5. Impartiality and Decorum of the Tribunal
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by
law;
(b) communicate ex parte
on the merits with such a person during the proceeding unless
authorized to do so by law or court order;
(c) communicate with a juror or prospective juror after discharge of the jury if:
(1) the communication is prohibited by law or court order;
(2) the juror has made known to the lawyer a desire not to communicate; or
(3) the communication involves misrepresentation, coercion, duress or harassment; or
(d) engage in conduct intended to disrupt the tribunal.
Rule 3.8. Special Responsibilities of a Prosecutor
The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable
cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the
procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such
as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor
that tends to exculpate the guilt of the accused, and, in connection with sentencing, disclose to the
defense and to the tribunal all unprivileged exculpatory information known to the prosecutor, except
when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence
relating to the lawyer's representation of a past or present client unless the prosecutor reasonably
believes:
(1) the information sought is not protected from disclosure by any applicable privilege;
(2) the evidence sought is essential to the successful completion of an ongoing investigation
or prosecution; and
(3) there is no other feasible alternative to obtain the information;
(f) except for statements that are necessary to inform the public of the nature and extent of the
prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making
extrajudicial comments that have a substantial likelihood of heightening public condemnation of the
accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees
of other persons assisting or associated with the prosecutor in a criminal case from making an
extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this
Rule.
(g) When a prosecutor knows of new, credible and material evidence creating a reasonable
likelihood that a convicted defendant did not commit an offense of which the defendant was
convicted, the prosecutor shall:
(1) promptly disclose that evidence to an appropriate court or authority, and
(2) if the conviction was obtained in the prosecutor's jurisdiction,
(i) promptly disclose that evidence to the defendant unless a court authorizes delay,
and
(ii) undertake further investigation, or make reasonable efforts to cause an
investigation, to determine whether the defendant was convicted of an offense that
the defendant did not commit.
(h) When a prosecutor knows of clear and convincing evidence establishing that a defendant in
the prosecutor's jurisdiction was convicted of an offense that the defendant did not commit, the
prosecutor shall seek to remedy the conviction.
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
Rule 4.4. Respect for Rights of Third Persons
(a) In representing a client, a lawyer shall not use means that have no substantial purpose other
than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate
the legal rights of such a person.
(b) A lawyer who receives a document
or electronically stored information relating to the
representation of the lawyer's client and knows or reasonably should know that the document
or
electronically stored information was inadvertently sent shall promptly notify the sender, and or
sender's lawyer if sender is represented.
LAW FIRMS AND ASSOCIATIONS
Rule 5.3. Responsibilities Regarding Nonlawyer Assistants Assistance
With respect to a nonlawyer employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable
managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect
measures giving reasonable assurance that the person's conduct is compatible with the professional
obligations of the lawyer;
(b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts
to ensure that the person's conduct is compatible with the professional obligations of the lawyer; and
(c) a lawyer shall be responsible for conduct of such a person that would be a violation of the
rules of professional conduct if engaged in by a lawyer if:
(1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct
involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which
the person is employed, or has direct supervisory authority over the person, and knows of
the conduct at a time when its consequences can be avoided or mitigated but fails to take
reasonable remedial action.
Rule 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law
(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal
profession in that jurisdiction, or assist another in doing so.
(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic
and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law
in this jurisdiction.
(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from
practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction
and who actively participates in the matter;
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this
or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by
law or order to appear in such proceeding or reasonably expects to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other
alternative dispute resolution proceeding in this or another jurisdiction, if the services
arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the
lawyer is admitted to practice and are not services for which the forum requires pro hac
vice admission; or
(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the
lawyer's practice in a jurisdiction in which the lawyer is admitted to practice, and
(5) in all cases, the lawyer obtains a South Dakota sales tax license and tenders the applicable
taxes pursuant to Chapter 10-45.
(d) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from
practice in any jurisdiction
or the equivalent thereof, or a person otherwise lawfully practicing as an
in-house counsel under the laws of a foreign jurisdiction, may provide legal services
through an
office or other systematic and continuous presence in this jurisdiction that:
(1) are provided to the lawyer's employer or its organizational affiliates and, are not services
for which the forum requires pro hac vice admission, and when performed by a foreign
lawyer and requires advice on the law of this or another U.S. jurisdiction or of the United
States, such advice shall be based upon the advice of a lawyer who is duly licensed and
authorized by the jurisdiction to provide such advice; or
(2) are services that the lawyer is authorized to provide by federal law or other law of or rule
to provide in this jurisdiction, provided that the lawyer obtains a South Dakota sales tax
license and tenders the applicable taxes pursuant to Chapter 10-45.
(e) For purposes of paragraph (d):
(1) the foreign lawyer must be a member in good standing of a recognized legal profession
in a foreign jurisdiction, the members of which are admitted to practice as lawyers or
counselors at law or the equivalent, and subject to effective regulation and discipline by
a duly constituted professional body or a public authority; or
(2) the person otherwise lawfully practicing as an in-house counsel under the laws of a
foreign jurisdiction must be authorized to practice under this rule by, in the exercise of
its discretion, the South Dakota Supreme Court.
INFORMATION ABOUT LEGAL SERVICES
Rule 7.2. Advertising
(a) Definition. "Lawyer" is defined in Rule 7.1(a)(2).
(b) Permitted Advertising. Subject to the requirements of Rules 7.1 and 7.3, 7.4 and 7.5, a
lawyer may advertise legal services through written, recorded, internet, computer, e-mail or other
electronic communication, including public media, such as a telephone directory, legal directory,
newspapers or other periodicals, billboards and other signs, radio, television and other electronic
media, and recorded messages the public may access by dialing a telephone number, or through other
written or recorded communication. This rule shall not apply to any advertisement which is broadcast
or disseminated in another jurisdiction in which the advertising lawyer is admitted if such
advertisement complies with the rules governing lawyer advertising in that jurisdiction and is
reasonably expected by the lawyer not to be received or disseminated in the State of South Dakota.
(c) Record of Advertising. A copy or recording of an advertisement shall be kept by the
advertising lawyer for two years after its last dissemination along with a record of when and where
it was used.
(d) Prohibited Payments. Except as provided in Rule 1.17 and except as provided in
subparagraph (c)(13) of Rule 7.1, a lawyer shall not give anything of value to a person for
recommending the lawyer's services, except that a lawyer may:
(1) pay the reasonable costs of advertisements or communications permitted by this Rule and
may pay the usual charges of a not-for-profit legal service organization;
(2) pay the usual charges of a not-for-profit 501(c)(3) or 501(c)(6) qualified lawyer referral
service. A qualified lawyer referral service is a lawyer referral service that has been
approved by an appropriate regulatory authority;
(3) pay for a law practice in accordance with Rule 1.17; and
(4) refer clients to another lawyer or a nonlawyer professional pursuant to an agreement not
otherwise prohibited under these Rules that provides for the other person to refer clients
or customers to the lawyer, if
(i) the reciprocal referral agreement is not exclusive, and
(ii) the client is informed of the existence and nature of the agreement.
Any communication made pursuant to this rule shall include the name and office address of at
least one lawyer or law firm responsible for its content.
(e) Prohibited Cost Sharing. No lawyer shall, directly or indirectly, pay all or part of the cost
of an advertisement by another lawyer with whom the nonadvertising lawyer is not associated in a
partnership, professional corporation or limited liability company for the practice of law, unless the
advertisement conspicuously discloses the name and address of the nonadvertising lawyer, and
conspicuously discloses whether the advertising lawyer contemplates referring all or any part of the
representation of a client obtained through the advertisement to the nonadvertising lawyer.
(f) Permissible Content. The following information in advertisements and written
communications shall be presumed not to violate the provisions of this Rule 7.2:
(1) Subject to the requirements of Rule 7.5, the name of the lawyer, a listing of lawyers
associated with the lawyer for the practice of law, office addresses and telephone
numbers, office and telephone service hours, and a designation such as "lawyer,"
"attorney," "law firm," "partnership" or "professional corporation," or "limited liability
company."
(2) Date of admission to the South Dakota bar and any other bar association and a listing of
federal courts and jurisdictions where the lawyer is licensed to practice.
(3) Technical and professional licenses granted by the State of South Dakota or other
recognized licensing authorities.
(4) Foreign language ability.
(5) Fields of law in which the lawyer is certified subject to the requirements of Rule 7.4.
(6) Prepaid or group legal service plans in which the lawyer participates.
(7) Acceptance of credit cards.
(8) Information concerning fees and costs, or the availability of such information on request,
subject to the requirements of this Rule 7.2 and the other Rules of Professional Conduct.
(9) A listing of the name and geographic location of a lawyer as a sponsor of a public service
announcement or charitable, civic or community program or event. Such listings shall not
exceed the traditional description of sponsors of or contributors to the charitable, civic or
community program or event or public service announcement, and such listing must
comply with the provisions of this rule and the other Rules of Professional Conduct.
(10) Schools attended, with dates of graduation, degree and other scholastic distinctions.
(11) Public or quasi-public offices.
(12) Military service.
(13) Legal authorships.
(14) Legal teaching positions.
(15) Memberships, offices and committee assignments in bar associations.
(16) Memberships and offices in legal fraternities and legal societies.
(17) Memberships in scientific, technical and professional associations and societies.
(18) Names and addresses of bank references.
(19) With their written consent, names of clients regularly represented.
(20) Office and telephone answering service hours.
(g) Permissible Fee Information.
(1) Advertisements permitted under this Rule 7.2 may contain information about fees for
services as follows:
(i) the fee charged for an initial consultation;
(ii) availability upon request of a written schedule of fees or an estimate of fees to be
charged for specific legal services;
(iii) that the charging of a fee is contingent on outcome or that the fee will be a
percentage of the recovery, provided that the advertisement conspicuously
discloses whether percentages are computed before or after deduction of costs, and
only if it specifically and conspicuously states that the client will bear the expenses
incurred in the client's representation, regardless of outcome, except as permitted
by Rule 1.8(e);
(iv) the range of fees for services, provided that the advertisement conspicuously
discloses that the specific fee within the range which will be charged will vary
depending upon the particular matter to be handled for each client, that the quoted
fee will be available only to clients whose legal representation is within the
services described in the advertisement, and the client is entitled without obligation
to an estimate of the fee within the range likely to be charged;
(v) the hourly rate, provided that the advertisement conspicuously discloses that the
total fee charge will depend upon the number of hours which must be devoted to
the particular matter to be handled for each client, and that the client is entitled
without obligation to an estimate of the fee likely to be charged;
(vi) fixed fees for specific legal services, provided that the advertisement conspicuously
discloses that the quoted fee will be available only to a client seeking the specific
services described.
(2) A lawyer who advertises a specific fee, range of fees or hourly rate for a particular service
shall honor the advertised fee or rate for at least ninety (90) days unless the advertisement
conspicuously specifies a shorter period; provided, for advertisements in the yellow pages
of telephone directories or other media not published more frequently than annually, the
advertised fee or range of fees shall be honored for no less than one year following
publication.
(h) Electronic Media. Advertisements by electronic media, such as television and radio, may
contain the same information as permitted in advertisements by print media, subject to the following
requirements:
(1) if a lawyer advertises by electronic media and a person appears in the advertisement
purporting to be a lawyer, such person shall in fact be the advertising lawyer or a lawyer
employed full-time by the advertising lawyer; and
(2) if a lawyer advertises a particular legal service by electronic media, and a person appears
in the advertisement purporting to be or implying that the person is the lawyer who will
render the legal service, the person appearing in the advertisement shall be the lawyer who
will actually perform the legal service advertised unless the advertisement conspicuously
discloses that the person appearing in the advertisement is not the person who will
perform the legal service advertised.
(3) Advertisements disseminated by electronic media shall be prerecorded and the
prerecorded communication shall be reviewed and approved by the lawyer before it is
broadcast.
(i) Law Directories. Nothing in this Rule 7.2 prohibits a lawyer from permitting the inclusion
in reputable directories intended primarily for the use of the legal profession or institutional
consumers of legal services and contains such information as has traditionally been included in such
publications.
(j) Acceptance of Employment. A lawyer shall not accept employment when he knows or
should know that the person who seeks his services does so as a result of conduct prohibited under
this Rule 7.2.
(k) Lawyers Responsible for Advertising. Every lawyer associated in the practice of law with
or employed by the lawyer which causes or makes an advertising in violation of this rule may be
subject to discipline for the failure of the advertisement to comply with the requirements of this rule.
(l) Mandatory Disclosure. Every lawyer shall, in any written or media advertisements, disclose
the absence of professional liability insurance if the lawyer does not have professional liability
insurance having limits of at least $100,000, using the specific language required in Rule 1.4(c)(1)
or (2).
Rule 7.3. Direct Contact with Prospective Solicitation of Clients
(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit
professional employment
from a prospective client when a significant motive for the lawyer's doing
so is the lawyer's pecuniary gain, unless the person contacted:
(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer.
(b) A lawyer shall not solicit professional employment
from a prospective client by written,
recorded or electronic communication or by in-person, live telephone or real-time electronic contact
even when not otherwise prohibited by paragraph (a), if:
(1) The prospective client target of the solicitation has made known to the lawyer a desire not
to be solicited by the lawyer; or
(2) The solicitation involves coercion, duress, or harassment.
(c) A copy of every written or recorded communication from a lawyer soliciting professional
employment from
a prospective client anyone shall be deposited no less that thirty days prior to its
dissemination or publication with the Secretary-Treasurer of the South Dakota State Bar by mailing
the same to the Office of the State Bar of South Dakota in Pierre, postage prepaid, return receipt
requested.
(d) Every written, recorded or electronic communication from a lawyer soliciting professional
employment from a prospective client known to be in need of legal services in a particular matter
shall include the words "Advertising Material" on the outside envelope, if any, and at the beginning
and ending of any recorded or electronic communication, unless the recipient of the communication
is a person specified in paragraphs (a)(1) or (a)(2). Where the communication is written, the label
shall appear in a minimum 18-point type or in type as large as the largest type otherwise used in the
written communication, whichever is larger. This labeling requirement shall not apply to mailings
of announcements of changes in address, firm structure or personnel, nor to mailings of firm
brochures to persons selected on a basis other than prospective employment.
(e) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid
or group legal service plan operated by an organization not owned or directed by the lawyer that uses
in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who
are not known to need legal services in a particular matter covered by the plan.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
_______________
End Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\297.wpd
Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\298.wpd
CHAPTER 298
SCR 18-07
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENTS
AND ADOPTIONS TO: APPENDIX A
TO CHAPTER 16-19 DISCIPLINE
OF ATTORNEYS RULE 18-07
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendments
and adoptions relating to Appendix A to SDCL Chapter 16-19, Discipline of Attorneys, and the
Court having considered the proposed amendments and adoptions relating thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that Appendix A to SDCL Chapter 16-19, Discipline of Attorneys, be and it is
hereby amended to read in its entirety as follows:
APPENDIX A TO SDCL CHAPTER 16-19
DISCIPLINE OF ATTORNEYS
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. The Supreme Court also has the
power 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.
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. The President of the
State Bar shall appoint six active members of the State Bar appointed by the President of the State
Bar and, and the Chief Justice shall appoint one lay member who. The lay member shall be a resident
of South Dakota of and 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
attorney 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.
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. The board may meet by the use of audio or visual medium. 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.
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.
16-19-29. Powers and duties of disciplinary board generally.The board shall exercise the powers
and perform the duties conferred and imposed upon it by rule of the Supreme Court, including the
power and duty:
(1) To consider and investigate any alleged ground for discipline or alleged incapacity
medical condition of any attorney called to its attention, or upon its own motion, and to
take such action with respect thereto as shall be appropriate to effectuate the purposes of
this chapter. As used in this chapter, "medical condition" is any condition that deprives
an attorney of the ability to act in compliance with the Rules of Professional Conduct and
any other standards required of practicing attorneys.
(2) To appoint a board secretary, board counsel, deputy board counsel, and such personnel
and legal counsel as may from time to time be required to assist in the performance of the
functions and duties of the board.
(3) To hold informal conferences.
(4) To privately reprimand attorneys for misconduct.
(5) To maintain permanent records of all matters processed and the disposition thereof.
(6) To prosecute all disciplinary proceedings before the Supreme Court.
(7) To prosecute all proceedings before the Supreme Court to determine the incapacity
medical condition of attorneys as set forth in §§ 16-19-88 to 16-19-91, inclusive.
(8) To hear applications for approval or and complaints for revocation of approval of
disqualified persons to act as legal assistants under subdivisions §§ 16-18-34.4(2) to 16-18-34.4(4), inclusive.
(9) To adopt internal rules of procedure not inconsistent with this chapter and to file the same
with the clerk of the Supreme Court.
(10) Provided, however, that jurisdiction Jurisdiction for complaints against members of the
judiciary for conduct that occurred prior to becoming a member of the judiciary shall be vested with
the Judicial Qualifications Commission.
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 Court, is fit to be entrusted with legal and judicial matters, and is
able 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.
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 violates 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.
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 the provisions of § 16-17-10;
(6) Engaging or attempting to engage in the practice of law in this state, while 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
applicable provisions of the South Dakota Code of Judicial Conduct,
appendix to chapter 16-2.
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 subject to discipline, and shall forfeit to the
injured party treble damages to be recovered in a civil action.
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 upon the attorney 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.
16-19-36. Attorney's conviction of crime to be reported to Disciplinary Board. Any attorney and
the clerk of any court in this state in which an attorney is convicted of a 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 certified judgment of conviction
to the Disciplinary Board. If such certificate certified judgment of conviction is for conviction of a
serious crime as defined in § 16-19-37, the board shall promptly transmit the same to the Supreme
Court.
16-19-37. Suspension from practice on conviction of serious crime--Setting aside order. If any
an attorney has been convicted of a serious crime, 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. 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. 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.
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 certified document demonstrating that the underlying conviction of
a serious crime has been reversed but the. The reinstatement will not terminate any disciplinary
proceeding then pending against the attorney.
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. The Supreme
Court shall refer the matter to the board for an investigation and report pursuant to §§ 16-19-45 to
16-19-64, inclusive.
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 complaint must allege facts. Conclusions, opinions, and suppositions shall not be considered.
(1) Board counsel or an attorney board member shall dismiss complaints outside the board's
jurisdiction, frivolous complaints, and complaints that fail to state a claim upon which
relief could be granted utilizing the same standard of review as would be used by a court
reviewing a matter under § 15-6-12(b)(5).
(2) Copies of such dismissals shall be provided to the board and the complainant. A
complainant dissatisfied with such a dismissal may, within ten days of such dismissal,
request in writing a review by the board. The board shall review the complainant's written
request at its next regular or special meeting.
(3) The board shall proceed on such complaint all other complaints 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
a written complaint 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 from 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
of disposition by the board shall be attached.
(D)(C) If the complaint fails to comply with any of the requirements of subsection
(C) (B), the
clerk of the Supreme Court shall forward the complaint to the
secretary-treasurer of the State Bar
board secretary and the complaint shall be treated as if it had been initiated with the board pursuant
to
subsection § 16-19-44(A).
(E)(D) 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 by the
Supreme Court.
(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 by the Supreme Court.
(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 Court on 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.
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, the board shall proceed to make a thorough investigation as provided in this chapter
and file a
report and recommendation with the Supreme Court.
16-19-46. Proceedings not to be abated for failure to prosecute, or settlement or restitution.
Failure of a complainant to sign a complaint or to prosecute a charge, or the settlement or
compromise between the complainant and the attorney, shall not justify abatement of the processing
of any complaint.
16-19-48. Transfer to medical inactive status of respondent pleading disability for a medical
condition. If, during the course of a disciplinary investigation or proceeding, the respondent attorney
claims to suffer from a disability by reason of mental or physical infirmity or illness, or an addiction
to drugs or intoxicants, which makes it impossible for the respondent to make an adequate defense
be unable to assist in the attorney's defense to a disciplinary complaint because of a medical
condition, the Supreme Court shall enter an order immediately transferring the respondent to
disability attorney to medical inactive status until a determination is made of the respondent's
capacity to continue to practice law in a proceeding instituted in accordance with the provisions of
§ 16-19-89 attorney's ability to comply with the Rules of Professional Conduct and § 16-19-31. The
determination shall be made in a proceeding instituted in accordance with the provisions of § 16-19-89. An attorney transferred to disability medical inactive status shall not (be permitted to) practice
law or. An attorney transferred to medical inactive status shall not act as a legal assistant except as
provided by §§ 16-18-34.4 to 16-18-34.7, inclusive. The Supreme Court shall enter such orders as
are necessary to notify the attorney's clients of the attorney's change in status.
16-19-49. Resumption of disciplinary proceedings when respondent not incapacitated attorney
no longer on medical inactive status. If the Supreme Court shall determine determines that a
respondent an attorney described by § 16-19-48 is not incapacitated from practicing law able to assist
in the attorney's defense to a disciplinary complaint, it shall take such action as it deems proper and
advisable necessary including a direction for the resumption of the disciplinary proceeding against
the respondent attorney.
16-19-50. Accused attorney to be given opportunity to state position. Except in matters dismissed
in accordance with subsection 16-19-44(B) § 16-19-44(A)(1), 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.
16-19-51. Procedure required in investigations by board or attorney general Attorney General.
Investigations by the board or by the attorney general Attorney General shall be conducted as
provided by §§ 16-19-52 to 16-19-62, inclusive.
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.
16-19-54. Attorney's duty to respond to board. Every attorney shall promptly and appropriately
respond to any complaint or, letter, or inquiry 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. An attorney must appear at any
hearing unless excused by the board or the Supreme Court.
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.
16-19-58. Certificate Certified judgment of conviction as evidence against attorney. A certificate
certified judgment 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.
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.
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 throughout the
period. If it is determined that a medical condition as defined in § 16-19-29(1) is relevant to such
complaint, the specified reasonable conditions shall include board access to the attorney's healthcare
and medical information records relevant to the medical condition. 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.
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 the attorney by the board.
16-19-62. Response by attorney to proposal for private reprimand--Report and findings by board.
An accused The 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.
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);
and 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. Also, incorporate
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: __________
16-19-66. Disbarment by consent--Public disclosure of order. Upon receipt of an affidavit
required by § 16-19-65, the board shall file it with the Supreme Court, and the court Court shall enter
an order disbarring the attorney on consent. The order disbarring the attorney on consent shall be a
matter of public record. However, the affidavit required under the provisions of § 16-19-65 shall not
be publicly disclosed or made available for use in any other proceeding except upon order of the
Supreme Court. The clerk of the Supreme Court shall order that redact the portions of the affidavit
which may identify the complainant or other persons whose privacy interests have not been waived
or otherwise made public be redacted by the clerk of the court before public disclosure.
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 attorney denies the allegations, the matter shall be tried by the
Supreme Court which, or the Court 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 attorney is allowed to act as a legal assistant
under §§ 16-18-34.4 to 16-18-34.7,
inclusive.
16-19-68.1. Accused attorney to appear before Supreme Court. At any hearing before the
Supreme Court, the
accused attorney shall appear in person unless the attorney's presence is excused
by the Court.
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 board 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 the Attorney
General's 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 16-19-67.
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. The assessments may
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.
16-19-70.3. Proof of costs and expenses required. An assessment for costs and expenses against
an attorney requires the following proof:
(a) State Bar of South Dakota. A sworn statement of unreimbursed allowable costs filed
with the clerk of the Supreme Court by the state bar State Bar prior to issuance of a final
judgment.
(b)
Attorney General and Unified Judicial System. Copies of approved expense vouchers
for reimbursement of allowable costs and expenses associated with the disciplinary
proceeding filed with the clerk of the Supreme Court by the
attorney general Attorney
General or the finance office of the Unified Judicial System prior to issuance of a final
judgment.
16-19-70.4. Judgment for costs against attorney. When judgment is rendered against
an accused
the attorney or whenever judgment for reinstatement of an attorney is entered, said attorney may, at
the discretion of the Supreme Court, be directed to make appropriate reimbursement of costs and
expenses as provided in §§ 16-19-70.1 and 16-19-70.2.
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.
16-19-74. Imposition of identical reciprocal discipline--Grounds for other disposition. The
Supreme Court shall impose the identical discipline
imposed in another jurisdiction 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.
16-19-75. Newspaper publication of suspension or disbarment. The clerk of the Supreme Court
shall cause a notice of every suspension or disbarment to be published in a newspaper of general
circulation in the judicial circuit or circuits in which the disciplined attorney maintained an office
for the practice of law.
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. The notice shall advise such clients to seek legal advice
of the client's own choice elsewhere.
16-19-79. Notice to opposing counsel and clients involved in litigation of disbarment or
suspension or administrative proceedings--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.
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 That the attorney has fully complied with all requirements of 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.
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.
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 An attorney
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.
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 board secretary or designee of the board and. The petition 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.
16-19-86. Board findings and recommendation on reinstatement--Placement on court 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.
16-19-88. Transfer to disability medical inactive status of attorney subject to certain judicial
determinations or orders. Where an attorney has been judicially declared incompetent or
involuntarily committed on the grounds of incompetency or disability, the Supreme Court, upon
proper proof of the fact, shall enter an order transferring such attorney to disability inactive status
effective immediately and for an indefinite period until the further order of the court. Where there
is a determination by a court in any state that an attorney is a protected person as that term is defined
in § 29A 5 102 or is the subject of a court order directing commitment to or inpatient treatment in
a health care or treatment facility for a medical condition, the Supreme Court, upon proof of that fact,
shall enter an order transferring such attorney to medical inactive status effective immediately and
until the further order of the Court. A copy of such order shall be served upon such attorney, his the
attorney's guardian, and/or the director of the institution to which he the attorney has been committed
in such manner as the court Court may direct. The Supreme Court shall enter such orders as are
necessary to notify the attorney's clients of the attorney's change in status.
16-19-89. Petition by board for determination of impairment of attorney attorney's competency
to practice law--Directions for investigation. The Disciplinary Board may petition the Supreme Court
to suspend an attorney from the practice of law pending final hearing and disposition by the Supreme
Court, upon good cause shown that the attorney, by reason of physical, mental, or other condition,
including the abuse of drugs or alcohol, is impaired and that the impairment substantially adversely
affects the attorney's ability to competently practice law. The court may take or direct such action
as it deems necessary or proper to determine whether the attorney is so impaired, including the
examination of the attorney by such qualified medical experts as the court shall designate attorney's
ability to competently practice law is adversely affected by a medical condition as defined by
§ 16-19-29(1). The Court may take or direct such action as it deems necessary to determine whether
the medical condition adversely affects the attorney's ability to competently practice law, including
the examination of the attorney by such qualified medical experts as the Court shall designate.
16-19-90. Notice to respondent attorney of disability medical inactive status proceedings--Representation of respondent attorney. The Supreme Court shall provide for such notice to the
respondent attorney of proceedings in the matter as it deems proper and advisable necessary and may
appoint an attorney to represent the respondent if he attorney if the attorney is without adequate
representation.
16-19-91. Burden of proof in disability medical inactive status and reinstatement proceedings.
In a proceeding seeking a transfer of an attorney to disability medical inactive status under § 16-19-92, the burden of proof shall rest with the board. In a proceeding seeking an order of reinstatement
to active status under § 16-19-98, the burden of proof shall rest with the attorney. In either case, the
burden of proof shall be by clear and convincing evidence.
16-19-92. Order transferring disabled attorney to medical inactive status--Pending disciplinary
proceedings. If, upon due consideration of the matter, the Supreme Court concludes that the attorney
is incapacitated from continuing not competent to continue to practice law because of a medical
condition as defined by § 16-19-29(1), it shall enter an order transferring him to disability the
attorney to medical inactive status on the grounds of such disability for an indefinite period and until
the further order of the court Court. Any pending disciplinary proceeding against the attorney shall
be held in abeyance. An attorney transferred to disability medical inactive status shall not be
permitted to practice law or act as a legal assistant except as provided by §§ 16-18-34.4 to 16-18-34.7, inclusive. The Supreme Court shall enter such orders as are necessary to notify the attorney's
clients of the attorney's change in status.
16-19-93. Reinstatement order required before disabled attorney on medical inactive status
resumes practice. No attorney transferred to disability medical inactive status under the provisions
of §§ 16-19-88 or 16-19-92 may resume active status until reinstated by order of the Supreme Court.
16-19-94. Petition for reinstatement by attorney in disability on medical inactive status. Any
attorney transferred to disability medical inactive status under the provisions of §§ 16-19-88 or 16-19-92 shall be entitled to petition for reinstatement to active status once a year or at such shorter
intervals as the Supreme Court may direct in the order transferring the respondent to disability
attorney to medical inactive status or any modification thereof. An attorney who has been placed on
disability medical inactive status may not apply for reinstatement until any pending disciplinary
investigation or proceeding has been concluded.
16-19-95. Reinstatement of disabled attorney on judicial declaration of competency to active
status. Where an attorney has been transferred to disability medical inactive status by an order in
accordance with the provisions of § 16-19-88 and, thereafter, in proceedings duly taken, he has been
judicially declared to be competent, the Supreme Court may dispense with further evidence that his
disability has been removed and may direct his reinstatement to active status upon such terms as are
deemed proper and advisable the attorney has shown that the attorney's ability to competently
practice law is no longer adversely affected by the medical condition giving rise to the judicial
determination or order, the Supreme Court may direct reinstatement to active status upon such terms
as are deemed necessary.
16-19-96. Waiver of physician-patient privilege by petition for reinstatement of disabled
attorney--Disclosure of names by petitioner. The filing of a petition for reinstatement to active status
by an attorney transferred to disability medical inactive status because of disability a medical
condition that adversely affected the attorney's competency to practice law shall be deemed to
constitute a waiver of any doctor-patient privilege with respect to any treatment of the attorney
received that is relevant to that medical condition during the period of his disability medical inactive
status. The attorney shall be required to disclose the name of every psychiatrist, psychologist,
physician, and hospital or other institution by whom or in which the attorney has had been examined
or treated for the medical condition since this the attorney's transfer to disability medical inactive
status and he the attorney shall furnish to the Supreme Court written consent to each to divulge such
information and records as requested by court-appointed medical experts.
16-19-97. Examination of petitioner for reinstatement--Expense of examination--Additional
proof of competence required to practice law. Upon application for reinstatement by an attorney in
disability on medical inactive status, the Supreme Court may take or direct such action as it deems
necessary or proper to a determination of determine whether the attorney's disability has been
removed including a direction for an examination of the attorney by such qualified medical experts
as the court shall designate. In its discretion, the court may direct that the expense of such an
examination shall be paid by the attorney, and that the attorney establish proof of competence and
learning in law, which proof may include certification by the bar examiners of his successful
completion of an examination for admission to practice medical condition no longer affects the
attorney's ability to competently practice law, including an examination of the attorney by such
qualified medical experts as the Court shall designate. In its discretion, the Court may direct that the
expense of such an examination be paid by the attorney. The Supreme Court may require that the
attorney establish further proof of competence and learning in law, which proof may include
providing certification by the board of bar examiners that the attorney successfully completed all or
any portion of the South Dakota bar examination after transfer to medical inactive status.
16-19-98. Order of reinstatement on removal of disability to active status from medical inactive
status. A petition for reinstatement of an attorney in disability on medical inactive status shall be
granted by the Supreme Court upon a showing by clear and convincing evidence that the attorney's
disability has been removed and he is fit attorney is competent to resume the practice of law. An
attorney who has been placed on disability medical inactive status may not be reinstated until any
pending disciplinary investigation or proceeding has been concluded.
16-19-99. Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions. All
proceedings involving allegations of misconduct by an attorney or the disability of an attorney
attorney's competency to practice law because of a medical condition as defined by § 16-19-48 shall
be kept confidential until a:
(a) A formal complaint asking for disciplinary action is filed with the Supreme Court by the
board or the attorney general, Attorney General; or the respondent-attorney requests that
the matter be public, or the investigation is predicated upon a conviction of the
respondent-attorney for a crime or, in matters involving alleged disability,
(b) Upon the request of the attorney to have the matter be public; or
(c) If the investigation into the attorney's alleged misconduct is predicated upon a conviction
for a crime reportable under § 16-19-37.
If the disciplinary proceeding involves alleged misconduct due to an attorney's medical condition
as defined by § 16-19-29(1) and the Supreme Court enters an order transferring the
respondent-attorney to disability attorney to medical inactive status pursuant to
§§ 16-19-88 or 16-19-92
, only
the order shall be public. The record shall remain confidential absent a written waiver by the attorney
or an order of the Supreme Court. All participants in the proceeding shall conduct themselves so as
to maintain the confidentiality of the proceeding. Any violation by any person of the requirement of
confidentiality shall constitute contempt and shall be punishable as such by the Supreme Court.
An
attorney on medical inactive status shall be permitted to relate necessary information from the
proceedings to the attorney's treating health care or medical practitioners for the purpose of restoring
the attorney to active status. This section shall not be construed to deny access to relevant
information to authorized agencies investigating the qualifications of judicial candidates, the board
of bar examiners
, or to other jurisdictions investigating qualifications for admission to practice
,; or
to an agency acting pursuant to order of the Chief Judge of the United States District Court for South
Dakota concerning reciprocal discipline; or to law enforcement agencies investigating qualifications
for government employment. In addition, the clerk of the Supreme Court shall transmit notice of all
public discipline imposed by the Supreme Court on an attorney or the transfer to medical inactive
status due to disability of an attorney to the national discipline data bank maintained by the American
Bar Association.
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, placed on medical
inactive status pursuant to §§ 16-19-89 or 16-19-92, 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 A
RULES OF PROCEDURE
OF THE DISCIPLINARY BOARD OF THE STATE BAR OF SOUTH DAKOTA
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
as the board may in its discretion determine necessary 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 attorney. 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
44 to § 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 board 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 board 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' attorney's 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 board 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 attorney'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 first by respondent the attorney or
respondent's the attorney's counsel and thereafter by board counsel and
members of the board.
(3) Respondent The attorney 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. The attorney or the attorney's counsel may cross-examine the complainant or other witnesses called by the board.
(5) Respondent or respondent's The attorney or the attorney'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 attorney and in closed session.
(e) The board may dismiss the complaint, caution or admonish the respondent
attorney, impose conditions on respondent the 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 or electronic
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 this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\299.wpd
CHAPTER 299
SCR 18-08
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-35-4.3 RULE 18-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the
amendment of SDCL 23A-35-4.3, and the Court having considered the proposed amendment and
oral presentation relating thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 23A-35-4.3 be and it is hereby amended to read in its entirety as
follows:
23A-35-4.3. Search warrant for installation, use, and maintenance of tracking devices. (a)
Tracking Device Defined. As used in this section the term tracking device means an electronic or
mechanical device which permits the tracking of the movement of a person or object, including GPS,
"pole camera", or any other covert surveillance device.
(b) Contents. A search warrant for a tracking device may be issued by any magistrate authorized
in § 23A-35-2 for the installation, use, and maintenance of a tracking device. There must be probable
cause to search and seize property as set forth in this chapter and that such installation and use of this
device will lead to the discovery of evidence under § 23A-35-3. The tracking-device warrant must
identify the person or property to be tracked, designate the magistrate to whom it must be returned,
and specify a reasonable length of time that the device may be used. The time may not exceed 45
days from the date the warrant was issued. The court may, for good cause, grant one or more
extensions for a reasonable period not to exceed 45 days each. The warrant must command the
officer to complete any installation authorized by the warrant within a specified time no longer than
10 days.
(c) Scope. Any tracking-device warrant issued under this section may authorize the use of the
tracking device within the jurisdiction of the magistrate, and outside that jurisdiction if the tracking
device is installed within the magistrate's jurisdiction. The executing officer must perform any
installation authorized by the warrant during the daytime, unless the magistrate for good cause
expressly authorizes installation at another time.
(d) Return. The tracking-device warrant must command the executing officer to return the
warrant to the magistrate designated in the warrant. The officer executing a tracking-device warrant
must enter on it the exact time and date the device was installed and the period during which it was
used.
(e) Service. Within 10 days after the use of the tracking-device has ended, the officer executing
a tracking-device warrant must serve a copy of the warrant on the person who was tracked or whose
property was tracked. Service may be accomplished by delivering a copy to the person who, or
whose property, was tracked; or by leaving a copy at the person's residence or usual place of abode
with an individual of suitable age and discretion who resides at that location and by mailing a copy
to the person's last known address. Upon request of the state, the judge may delay notice for reasons
set forth in subsection (f).
(f) Sealing of Contents of Warrant. With respect to the issuance of any warrant under this section,
a judge may, upon a showing of good cause, seal the contents of a warrant and supporting documents
until the termination of an investigation, an indictment or information is filed, or as otherwise
ordered by the court for purpose of preventing
(1) endangerment of life or physical safety of an individual;
(2) flight from prosecution;
(3) destruction of or tampering with evidence;
(4) intimidation of potential witnesses; or
(5) if failure to seal would otherwise seriously jeopardize an investigation or unduly delay a
trial.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\300.wpd
CHAPTER 300
SCR 18-09
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-44-5.1(5) RULE 18-09
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment
of SDCL 23A-44-5.1(5), and the Court having considered the proposed amendment and oral
presentation relating thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 23A-44-5.1(5) be and it is hereby amended to read in its entirety as
follows:
23A-44-5.1. Time allowed for disposition of criminal case--Periods excluded--Dismissal.
(1) Every person indicted, informed or complained against for any offense shall be brought
to trial within one hundred eighty days, and such time shall be computed as provided in
this section.
(2) Such one hundred eighty day period shall commence to run from the date the defendant
has first appeared before a judicial officer on an indictment, information or complaint.
(3) If such defendant is to be tried again following a mistrial, an order for a new trial, or an
appeal or collateral attack, such period shall commence to run from the date of the
mistrial, filing of the order granting a new trial, or the filing of the mandate on remand.
(4) The following periods shall be excluded in computing the time for trial:
(a) The period of delay resulting from other proceedings concerning the defendant,
including but not limited to an examination and hearing on competency and the
period during which he is incompetent to stand trial; the time from filing until final
disposition of pretrial motions of the defendant, including motions brought under
§ 23A-8-3; motions for a change of venue; and the time consumed in the trial of
other charges against the defendant;
(b) The period of delay resulting from a continuance granted at the request or with the
consent of the defendant or his counsel provided it is approved by the court and a
written order filed. A defendant without counsel shall not be deemed to have
consented to a continuance unless he has been advised by the court of his right to
a speedy trial and the effect of his consent;
(c) The period of delay resulting from a continuance granted by the court at the request
of the prosecuting attorney if the continuance is granted because of the
unavailability of evidence material to the state's case, when the prosecuting
attorney has exercised due diligence to obtain such evidence and there are
reasonable grounds to believe that such evidence will be available at the later date
and provided a written order is filed;
(d) The period of delay resulting from the absence or unavailability of the defendant;
(e) A reasonable period of delay when the defendant is joined for trial with a
codefendant as to whom the time for trial has not run and there is good cause for
not granting a severance. In all other cases the defendant shall be granted a
severance so that he may be tried within the time limits applicable to him;
(f) The period of delay resulting from a change of judge or magistrate obtained by the
defendant under chapter 15-12; and
(g) Other periods of delay not specifically enumerated herein, but only if the court
finds that they are for good cause. A motion for good cause need not be made
within the one hundred eighty day period.
(5) If a defendant is not brought to trial before the running of the time for trial, as extended
by excluded periods,
prejudice to the defendant is presumed. Unless the prosecuting
attorney rebuts the presumption of prejudice, the defendant shall be entitled to a dismissal
with prejudice of the offense charged and any other offense required by law to be joined
with the offense charged.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 20th day of February, 2018.
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\301.wpd
CHAPTER 301
SCR 18-10
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 23A-4-1 RULE 18-10
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment
of SDCL 23A-4-1, and the Court having considered the proposed amendment thereto and being fully
advised in the premises, now, therefore, it is
ORDERED that SDCL 23A-4-1 be and it is hereby amended to read in its entirety as follows:
23A-4-1. (Rule 5(a)) Arrested person taken before magistrate--Complaint filed on arrest without
warrant. A law enforcement officer shall, without unnecessary delay, take the arrested person before
the nearest available committing magistrate. Any person, other than a law enforcement officer,
making an arrest shall, without unnecessary delay, take the arrested person before the nearest
available committing magistrate or deliver him to the nearest available law enforcement officer. If
a person arrested without a warrant is brought before a committing magistrate, a complaint shall be
filed forthwith. When Unless given a court appearance date and released from custody, a person,
arrested with or without a warrant or given a summons, appears shall appear initially before a
committing magistrate, in person or via ITV, without unnecessary delay, at which time the
committing magistrate shall proceed in accordance with the applicable provisions of §§ 23A-4-2 to
23A-4-5, inclusive.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 13th day of March, 2018.
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\302.wpd
CHAPTER 302
SCR 18-11
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 16-18-34.4 RULE 18-11
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on November 7, 2017, at Pierre, South Dakota, relating to the amendment
of SDCL 16-18-34.4, and the Court having considered the proposed amendment and oral
presentation relating thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-18-34.4 be and it is hereby amended to read in its entirety as follows:
16-18-34.4. Certain individuals disqualified.The following persons shall not serve as a legal
assistant in the State of South Dakota except upon application to and approval of the Supreme Court:
(1) Any person convicted of a felony;
(2) Any person disbarred or suspended from the practice of law in any jurisdiction;
(3) Any person placed on disability medical inactive status under § 16-19-48 or 16-19-92;
(4) Any person placed on temporary suspension from the practice of law under § 16-19-35.1.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 13th day of March, 2018.
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Start Included file Y:\LMDATA\SESSIONS\93-2018\SessionLaws\303.wpd
CHAPTER 303
SCR 18-12
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF APPENDIX A TO SDCL CHAPTER 16-18 RULE 18-12
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A hearing was held on November 7, 2017, at Pierre, South Dakota, relating to the amendment
of Appendix A to SDCL Chapter 16-18, and the Court having considered the proposed amendment
and oral presentation relating thereto and being fully advised in the premises, now, therefore, it is
ORDERED that Appendix A to SDCL Chapter 16-18 be and it is hereby amended to read in its
entirety as follows:
APPENDIX A TO SDCL CHAPTER 16-18
SOUTH DAKOTA RULES OF PROFESSIONAL CONDUCT
MAINTAINING THE INTEGRITY OF THE PROFESSION
Rule 8.3. Reporting Professional Misconduct
(a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of
Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness
or fitness as a lawyer in other respects, shall inform the appropriate professional authority.
(b) A lawyer having knowledge that a judge has committed a violation of applicable rules of
judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the
appropriate authority.
(c)
This rule does not require disclosure of information otherwise protected by Rule 1.6 or
information gained by a lawyer or judge while participating in an approved lawyers assistance
program. Paragraphs (a) and (b) shall not apply to information obtained by a lawyer or judge as a
member of a committee, organization or related group established or approved by the State Bar or
the Supreme Court to assist lawyers, judges or law students with a medical condition as defined in
§ 16-19-48, including the name of any individual in contact with the member and sources of
information or information obtained therefrom. Any such information shall be deemed privileged
on the same basis as provided by law between attorney and client.
(d)
The names, identities, and treatment of persons seeking assistance of the South Dakota
Lawyers Concerned for Lawyers, Inc., or an approved lawyers assistance program, relating to alcohol
abuse or chemical dependency shall be kept confidential by members of South Dakota Lawyers
Concerned for Lawyers, Inc., who are so contacted. A member of an entity described in Paragraph
(c) shall not be required to treat as confidential communications that cause him or her to believe a
person intends or contemplates causing harm to himself, herself or a reasonably identifiable person
and that disclosure of the communications to the potential victim or individuals or entities reasonably
believed to be able to assist in preventing the harm.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.
DATED at Pierre, South Dakota, this 13th day of March, 2018.
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