STATE AFFAIRS AND GOVERNMENT

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CHAPTER 1

(HB 1264)

An appropriation for the payment
of extraordinary litigation expenses.


        ENTITLED, An Act to authorize the payment of a self-insured retention on a cyber liability insurance policy from the extraordinary litigation fund, 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. That § 1-14-3.1 be amended to read:

    1-14-3.1. There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other litigation expenses not otherwise eligible to be paid under § 3-22-1. The fund may also be used for the payment of any self-insured retention for which the state is responsible under a cyber liability insurance policy purchased by the state. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund, including any subfunds created within it, is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.

    The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of the Bureau of Administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with § 4-5-30.

    Section 2. There is hereby appropriated from the general fund the sum of two million three hundred thousand dollars ($2,300,000), or so much thereof as may be necessary, to the extraordinary litigation fund for payment of eligible expenses.

    Section 3. The commissioner of the Bureau of Administration shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 4. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and


effect from and after its passage and approval.

     Signed March 21, 2019
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CHAPTER 2

(HB 1048)

Public body may deliberate in an executive or closed meeting.


        ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

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

    Section 1. That § 1-25-2 be amended to read:

    1-25-2. Executive or closed meetings may be held for the sole purposes of:

            (1)    Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee", employee, does not include any independent contractor;

            (2)    Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

            (3)    Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

            (4)    Preparing for contract negotiations or negotiating with employees or employee representatives;

            (5)    Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or

            (6)    Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).

However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor.

     Signed February 13, 2019
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CHAPTER 3

(SB 91)

Open meeting requirements.


        ENTITLED, An Act to revise certain provisions regarding open meeting requirements.

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

    Section 1. That chapter 1-25 be amended by adding a NEW SECTION to read:

    Terms used in this chapter mean:

            (1)    "Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other local government entity 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;

            (2)    "Public body," any political subdivision and the state;

            (3)    "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference;

            (4)    "Teleconference," information exchanged by any audio, video, or electronic medium, including the internet;

            (5)    "State," each board, commission, department, or agency of the State of South Dakota. The term, state, does not include the Legislature.

    Section 2. That § 1-25-1 be amended to read:

    1-25-1. The official meetings of the state, and 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, or 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 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 or 1-25-1.3 have been met. It is not an official meeting of a public body if its members attend a press conference called by a representative of the public body.

    For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the political subdivision may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum shall meet the posting requirements of § 1-25-1.1 or 1-25-1.3 and shall contain, at a

minimum, the date, time, and location of the event.

    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 regularly scheduled official meeting by the public body a period for public comment, limited at the chair's public body's discretion, but not so limited as to provide for no public comment. At a minimum, public comment shall be allowed at regularly scheduled official meetings which are designated as regular meetings by statute, rule, or ordinance.

    Public comment is not required at official meetings held solely for the purpose of an inauguration, swearing in of newly elected officials, or presentation of an annual report to the governing body regardless of whether or not such activity takes place at the time and place usually reserved for a regularly scheduled meeting.

    If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet solely for purposes of implementing previously publicly-adopted policy, carrying out ministerial functions of that township, district, or municipality, or undertaking a factual investigation of conditions related to public safety, the meeting is not subject to the provisions of this chapter.

    A violation of this section is a Class 2 misdemeanor.

    Section 3. That chapter 1-25 be amended by adding a NEW SECTION to read:

    Any official meeting may be conducted by teleconference. 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.

    Section 4. That chapter 1-25 be amended by adding a NEW SECTION to read:

    At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, that 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 official meetings closed to the public pursuant to specific law.

    Section 5. That § 1-25-1.1 be amended to read:


    1-25-1.1. All public bodies, except the state and each state board, commission, or department as provided in § 1-25-1.3, Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the public body political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the public body's political subdivision's website upon dissemination of the notice, if such a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each public body political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

    Section 6. That § 1-25-1.2 be repealed.

    Section 7. That § 1-25-1.3 be amended to read:

    1-25-1.3. The state and each state board, commission, or department shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal office of the board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, and be visible, readable, and accessible to the public. The agenda shall be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include the day the agenda is posted nor Saturday, Sunday, or legal holidays. The notice shall also be posted on a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each the state board, commission, or department shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor.

    Section 8. That § 1-25-3 be amended to read:

    1-25-3. Any board or commission of the various departments of the State of South Dakota The state shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the public at all times at the principal place of business of the board or commission. A violation of this section is a Class 2 misdemeanor.

    Section 9. That § 1-25-11 be amended to read:

    1-25-11. No state, political subdivision, or public body may prevent a person from recording, through audio or video technology, a public an official meeting that is open to the public as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law.

     Signed March 21, 2019
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CHAPTER 4

(SB 45)

The statement of additional issues on appeal
in certain contested cases.


        ENTITLED, An Act to revise the provisions regarding the filing of a statement of additional issues on appeal in certain contested cases.

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

    Section 1. That § 1-26-31.4 be amended to read:

    1-26-31.4. Within ten days after the filing of the notice of appeal as required by § 1-26-31, the appellant shall file with the clerk of the circuit court a statement of the issues the appellant intends to present on the appeal and shall serve on the other parties a copy of such that statement. If any other party appellant wishes to raise additional issues on appeal, the party other appellant shall file an additional a statement of additional issues on appeal within ten days after service of the appellant's statement.

    Section 2. That § 1-26-36.1 be amended to read:

    1-26-36.1. An appellee may obtain review of a final decision, ruling, or action of any agency which may adversely affect him the appellee by filing a notice of review with the clerk of the circuit court within twenty days after service of the notice of appeal. If a statement of additional issues on appeal is filed pursuant to § 1-26-31.4, the notice of review required by this section must be filed within twenty days after the latest statement of additional issues on appeal is filed. The clerk of the circuit court shall not accept for filing such notice of review unless accompanied by proof of service of such notice on all other parties. The notice of review shall specify the decision, ruling, or action of the agency to be reviewed.

     Signed March 11, 2019
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CHAPTER 5

(SB 59)

Settlement agreement as a public record.


        ENTITLED, An Act to revise certain provisions regarding public records.

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

    Section 1. That chapter 1-27 be amended by adding a NEW SECTION to read:

    An agency of the state or a political subdivision may not enter into a settlement agreement with a party to any civil action or proceeding involving a claim for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality of the terms of the settlement. A settlement agreement under this section is a public record as defined under § 1-27-1.1. For good cause shown, the court may order the redaction of the name of any victim of crime within

the settlement agreement under this section. Notwithstanding any other provision of law, an agency of the state or a political subdivision may temporarily maintain the confidentiality of the settlement agreement related to ongoing litigation. The settlement agreement shall become a public record as defined under § 1-27-1.1 upon the final disposition and the exhaustion of any appeal from the related litigation.

    Section 2. That § 1-27-1.5 be amended to read:

    1-27-1.5. The following records are not subject to §§ 1-27-1, 1-27-1.1, and 1-27-1.3, and section 1 of this Act:

            (1)    Personal information in records regarding any student, prospective student, or former student of any educational institution if such records are maintained by and in the possession of a public entity, other than routine directory information specified and made public consistent with 20 U. S.C. 1232g, as such section in accordance with 20 U.S.C. § 1232g as the law existed on January 1, 2009;

            (2)    Medical records, including all records of drug or alcohol testing, treatment, or counseling, other than records of births and deaths. This law in no way abrogates or changes existing state and federal law pertaining to birth and death records;

            (3)    Trade secrets, the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution or laboratory funded in whole or in part by the state, and other proprietary or commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose;

            (4)    Records which consist of attorney work product or which are subject to any privilege recognized in article V of chapter 19-19;

            (5)    Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training. However, this subdivision does not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person, and this subdivision does not apply to a 911 recording or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants;

            (6)    Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of any interest in real or personal property;

            (7)    Personnel information other than salaries and routine directory information. However, this subdivision does not apply to the public inspection or copying of any current or prior contract with any public employee and any related document that specifies the consideration to be paid to the employee;

            (8)    Information solely pertaining to the protection of the security of public or private property and persons any person on or within public or private property, such as specific, unique vulnerability assessments including:

            (a)    Any vulnerability assessment or specific, unique response plans, either of which is plan intended to prevent or mitigate criminal acts, emergency;

            (b)    Emergency management or response, or public;

            (c)    Public safety, the public disclosure of which information that would create a substantial likelihood of endangering public safety or property, if disclosed; computer

            (d)    Computer or communications network schema, passwords, and or user identification names; guard

            (e)    Guard schedules; lock

            (f)    Lock combinations; or any blueprints, building plans, or infrastructure records and

            (g)    Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility;

            (9)    The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Gaming Commission and those persons or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any information relating to amounts paid persons or entities with which the commission has entered into contractual relationships, amounts of prizes paid, the name of the prize winner, and the municipality, or county where the prize winner resides;

            (10)    Personally identified private citizen account payment information, credit information on others supplied in confidence, and customer lists;

            (11)    Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services;

            (12)    Correspondence, memoranda, calendars or logs of appointments, working papers, and records of telephone calls of public officials or employees;

            (13)    Records or portions of records kept by public bodies which would reveal the location, character, or ownership of any known archaeological, historical, or paleontological site in South Dakota if necessary to protect the site from a reasonably held fear of theft, vandalism, or trespass. This subdivision does not apply to the release of information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, or the federal Native American Graves Protection and Repatriation Act;

            (14)    Records or portions of records kept by public bodies which maintain collections of archeological, historical, or paleontological significance which nongovernmental donors have requested to remain closed or which reveal the names and addresses of donors of such articles of archaeological, historical, or paleontological significance unless the donor approves disclosure, except as the records or portions thereof may be needed to carry out the purposes of the federal Native American Graves Protection and Repatriation Act and the Archeological Resources Protection Act;

            (15)    Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body;

            (16)    Social security numbers; credit card, charge card, or debit card numbers and expiration

dates; passport numbers, driver license numbers; or other personally identifying numbers or codes; and financial account numbers supplied to state and local governments by citizens or held by state and local governments regarding employees or contractors;

            (17)    Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel;

            (18)    Any test questions, scoring keys, results, or other examination data for any examination to obtain licensure, employment, promotion or reclassification, or academic credit;

            (19)    Personal correspondence, memoranda, notes, calendars or appointment logs, or other personal records or documents of any public official or employee;

            (20)    Any document declared closed or confidential by court order, contract, or stipulation of the parties to any civil or criminal action or proceeding except as provided under section 1 of this Act;

            (21)    Any list of names or other personally identifying data of occupants of camping or lodging facilities from the Department of Game, Fish and Parks;

            (22)    Records which, if disclosed, would constitute an unreasonable release of personal information;

            (23)    Records which, if released, could endanger the life or safety of any person;

            (24)    Internal agency record or information received by agencies that are not required to be filed with such agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and § 1-26-21;

            (25)    Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C;

            (26)    Records regarding inmate disciplinary matters pursuant to § 1-15-20; and

            (27)    Any other record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits;

            (28)    A record of a settlement agreement or litigation regarding investment or bankruptcy and involving the South Dakota Investment Council or the South Dakota Retirement System, or both, unless the settlement or litigation results in a finding of liability against the council or system, or both; and

            (29)    A record of a settlement agreement or litigation regarding medical services involving any county hospital established under chapter 34-8 or any municipal hospital established under chapter 34-9.

     Signed March 21, 2019
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CHAPTER 6

(SB 126)

The official indigenous language of the state.


        ENTITLED, An Act to revise certain provisions regarding the common language of the state and to recognize the official indigenous language of the state.

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

    Section 1. That § 1-27-20 be amended to read:

    1-27-20. The common language of the state is English. The common language is designated as the language of any official public document or record and any official public meeting. The official indigenous language of the state is the language of the O'ceti Sakowin, Seven Council Fires, also known by treaty as the Great Sioux Nation, comprised of three dialects, Lakota, Dakota, and Nakota.

     Signed March 21, 2019
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CHAPTER 7

(SB 8)

A statewide resource information system authorized.


        ENTITLED, An Act to provide for a statewide resource information system.

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 Social Services may cooperate with and support with a fifty percent match rate for each county in the development and maintenance of a statewide centralized resource information system accessible to any resident of this state. The resource information system shall be accredited by the Alliance of Information and Referral Systems and shall provide information for and referrals to resources for a person in a crisis or disaster; resources for social services, human services, legal assistance, financial assistance, or for other related needs; and assistance for mental health, physical health, or substance abuse.

     Signed March 27, 2019
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CHAPTER 8

(HB 1122)

References changed for persons who are deaf or hard of hearing.


        ENTITLED, An Act to revise references to persons who are deaf or hard of hearing.

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

    Section 1. That § 1-36A-18 be amended to read:

    1-36A-18. The Department of Human Services shall establish and administer a state-wide interpreter mentoring program for interpreters for the deaf. The program may be implemented through contracts with public and private organizations that provide services to persons who are deaf or hearing impaired hard of hearing.

    Section 2. That § 1-45-4.4 be amended to read:

    1-45-4.4. The Department of Education shall develop and implement a plan to identify and evaluate hearing deaf or hard of hearing and visually impaired children and coordinate delivery of direct educational programs and services to meet the needs of all visually and hearing impaired and deaf or hard-of-hearing children in South Dakota.

    Section 3. That § 19-3-10.1 be amended to read:

    19-3-10.1. No sign language interpreter or relay service operator who has interpreted for or relayed information for a deaf, speech impaired, or hearing impaired hard of hearing person may divulge to any other person any information or communication given to him in his capacity as such an interpreter or relay service operator. A violation of this section is a Class 2 misdemeanor.

    Section 4. That § 19-19-514 be amended to read:

    19-19-514. No sign language interpreter or relay service operator who has interpreted for or relayed information for a deaf, speech impaired, or hearing impaired hard-of-hearing person may be compelled to divulge or be examined as part of any proceeding concerning any information or communication given to him in his capacity as an interpreter or relay service operator if his client is otherwise accorded a privilege under this chapter.

    Section 5. That § 36-24-24.1 be amended to read:

    36-24-24.1. Nothing in this chapter may be construed as preventing or restricting:

            (1)    A person licensed or registered by this state in another profession from practicing the profession for which licensed or registered;

            (2)    A person credentialed by this state as a teacher of the hearing impaired deaf or hard-of-hearing students providing instruction to the hearing impaired persons who are deaf or hard of hearing;

            (3)    A physician or surgeon licensed by this state from performing tasks directly related to a disorder being treated;

            (4)    Any person possessing a valid certificate as a certified industrial audiometric technician

or occupational hearing conservationist recognized by the board as meeting Council for Accreditation in Occupational Hearing Conservation Standards if such service is performed in cooperation with either an audiologist licensed under this chapter or a licensed physician of this state.

    Section 6. That § 49-31-47 be amended to read:

    49-31-47. The Department of Human Services shall establish and administer a statewide program to provide telecommunication and other communication devices and services to residents of this state who have disabilities that prevent them from having communication access and maintain a dual party relay system making all phases of public telecommunications and communication service available to persons who are deaf, severely hearing impaired hard of hearing, or speech impaired. This program may be implemented through contracts with public or private organizations that provide services to persons who are deaf or persons with other severe disabilities.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative Research Council are hereby directed to replace the term, hearing impaired, anywhere the term appears in the code to make all necessary language modifications to effectuate the purposes of this Act.

     Signed March 11, 2019
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CHAPTER 9

(HB 1013)

Criminal background investigations for vital records employees.


        ENTITLED, An Act to require criminal background investigations for certain vital records employees.

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

    Section 1. That § 1-43-34 be amended to read:

    1-43-34. Each person hired by the Department of Health, within the forensic chemistry unit of the public health laboratory State Public Health Laboratory or the Office of Vital Records, 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.

     Signed February 8, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\010.wpd
CHAPTER 10

(SB 13)

Transportation Commission rule-making authority modified.


        ENTITLED, An Act to revise certain provisions regarding authorization for public transportation assistance grants.

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

    Section 1. That § 1-44-7.3 be amended to read:

    1-44-7.3. The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, for administration, terms, and conditions for the disbursements of money to local communities and to establish criteria for the selection of communities to receive public transportation assistance to those eligible for public transportation assistance grant funds.

     Signed January 31, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\011.wpd
CHAPTER 11

(HB 1012)

State health laboratory services revamped.


        ENTITLED, An Act to revise certain provisions regarding state laboratory services.

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

    Section 1. That § 1-49-1 be repealed.

    Section 2. That § 1-49-2 be amended to read:

    1-49-2. The secretary of the Department of Health shall appoint the director of the Office of Laboratory Services. The Office of Laboratory Services State Public Health Laboratory shall be located in the Department of Health and shall meet all applicable state and required federal certification standards certifications and regulations, and provide the following specific laboratory, testing, and analytical functions:

            (1)    The examination of clinical and environmental specimens for the purpose of protecting and promoting the public health;

            (2)    The testing and analysis of various products, foods, drinks, economic poisons, and other materials regulated or controlled by the state;

            (3)    The testing, examination, and analysis of samples relating to environmental control;

            (4)    Laboratory services upon request and in support of law enforcement agencies. The laboratory may provide environmental, medical, and forensic toxicology and drug testing for the purpose of protecting and promoting public health and safety.

    Section 3. That § 1-49-3 be amended to read:

    1-49-3. The director of laboratories State Public Health Laboratory shall:

            (1)    Protect the health or safety of persons using the services of state laboratories and the health or safety of employees of those laboratories;

            (2)    Set appropriate performance standards and qualifications of the State Health Laboratory laboratory employees;

            (3)(2)    Administer state and federal laws which pertain to public laboratory licensure, certification, or both; and

            (4)    Accept grants and enter into contracts and agreements with state, local, and federal agencies or with private industry if in the public interest; and

            (5)(3)    Promulgate rules, pursuant to chapter 1-26, to establish:

            (a)    A list of tests or services to be conducted in the State Health Laboratory; and

            (b)    A the method to determine the fee for each test or service or test based on the actual cost of performing the service or test and the cost of operating the public health laboratory. The fee may not exceed the cost incurred for performing the test or service, including laboratory operation, equipment, and maintenance.

    Section 4. That § 1-49-4 be amended to read:

    1-49-4. Any money that may be received pursuant to this chapter shall be deposited in a special revenue fund in the state treasury which is established and designated as the state laboratory fund. All receipts therein shall be available to the Office of Laboratory Services State Public Health Laboratory and may be expended pursuant to chapters 4-7, 4-8, and 4-8A.

    Section 5. That § 1-49-5 be amended to read:

    1-49-5. All examinations, tests, and analysis requested of the director of laboratories State Public Health Laboratory shall be provided promptly and the results immediately certified to the officer or department requesting the examination submitter.

    Section 6. That § 1-49-6 be amended to read:

    1-49-6. A copy of the results of any examination or analysis of any product or article by the director of laboratories State Public Health Laboratory, duly authenticated by the analyst, is prima facie evidence in all courts of the matters and facts therein contained in the examination or analysis.

     Signed February 13, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\012.wpd
CHAPTER 12

(HB 1002)

Criminal background checks for applicants
and employees of the Department of Public Safety.


        ENTITLED, An Act to provide for criminal background checks for certain applicants and employees of the Department of Public Safety.

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

    Section 1. That chapter 1-51 be amended by adding a NEW SECTION to read:

    Each employee of the Department of Public Safety who performs state inspection services or any person who applies to the department seeking employment performing state inspection services 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. The secretary of public safety shall submit completed fingerprint cards to the Division of Criminal Investigation for the applicant or employee. Upon completion of the state and federal criminal background investigation, the Division of Criminal Investigation shall forward to the secretary all information obtained as a result of the investigation.

    The applicant or employee is responsible for any fee charged for the cost of fingerprinting or the criminal background investigation. The department may pay any fee charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section.

     Signed January 31, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\013.wpd
CHAPTER 13

(HB 1039)

Postsecondary technical institutes
may use the Obligation Recovery Center.


        ENTITLED, An Act to provide for the use of the Obligation Recovery Center by certain postsecondary technical institutes.

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

    Section 1. That § 1-55-1 be amended to read:

    1-55-1. Terms used in this chapter mean:

            (1)    "Account receivable cycle," the period of time, not to exceed one hundred eighty days, during which the center may attempt to collect on a debt before the debt is forwarded to a any collection agency or agencies pursuant to in accordance with § 1-55-14;

            (2)    "Center," the obligation recovery center;

            (3)    "Debt," a legal obligation to pay money, including any principal, any interest that has accrued or will accrue until the debt is paid, any penalties, any costs, and any other charges permitted by law. The term, debt, also includes any obligation of any kind referred to the obligation recovery center for collection by any agency of the state government agency, by the Unified Judicial System, by the Board of Regents, a postsecondary technical institute supported by the state under § 13-39A-42, or by a constitutional office;

            (4)    "Debtor," a person who is indebted to the state or a state agency for any delinquent accounts, charges, fees, loans, taxes, or other indebtedness due the state, or any person that owes any obligation being collected by the obligation recovery center;

            (5)    "Bad debt," any debt due a state executive branch an agency of the state, the Board of Regent's system, any postsecondary technical institute supported by the state under § 13-39A-42, or a constitutional office that is no longer subject to an administrative appeal or judicial review following an administrative appeal, or any costs, fines, fees, or restitution ordered in any adult criminal proceeding through the Unified Judicial System no longer subject to direct appeal pursuant to under § 23A-32-2;

            (6)    "Final notification," the notification provided by § 1-55-7; and

            (7)    "Referring entity," the entity referring the debt to the state obligation recovery center for collection.

    Section 2. That § 1-55-2 be amended to read:

    1-55-2. There is hereby created the obligation recovery center. The obligation recovery center is, which is attached to the Bureau of Administration for budgeting and reporting purposes. The purpose of the obligation recovery center is to be a central repository for identification, registration, oversight, and collection of debts owed to any agency or department of the State of South Dakota the state or to any postsecondary technical institute supported by the state under § 13-39A-42.

    Section 3. That § 1-55-6 be amended to read:

    1-55-6. The center may be used as follows during the account receivable cycle by:

            (1)    Any executive branch agency may use the center agency of the state to collect bad debt owed to an executive branch the agency;

            (2)    The Unified Judicial System may use the center to collect any costs, fines, fees, or restitution, constituting final debt, ordered in any adult criminal proceeding;

            (3)    The Board of Regents may use the center to collect any final debt owed within the South Dakota Board of Regents' system; and

            (4)    Any postsecondary technical institute supported by the state under § 13-39A-42 to collect any final debt owed within the postsecondary technical institute system; and

            (5)    Any constitutional office may use the center to collect final debt owed to the constitutional office.

     Signed March 1, 2019
_______________
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LEGISLATURE AND STATUTES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\014.wpd
CHAPTER 14

(HB 1094)

Transparency for the petition circulation process.


        ENTITLED, An Act to revise certain programs regarding transparency of the petition circulation process.

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," the same as the term is defined under § 12-1-3 a person who is a resident of this state for at least thirty days prior to registration as a petition circulator, is at least eighteen years of age, and who circulates, for pay or as a volunteer, petitions or solicits petition signatures from members of the public for the purpose of placing ballot measures on any statewide election ballot;

            (2)    "Petition sponsor," any person who proposes the placement of a statewide ballot measure on the ballot;

            (3)    "Ballot measure," any measure placed on a statewide ballot in accordance with §§ 2-1-1.1, 2-1-1.2, or 2-1-3.1;

            (4)    "Paid circulator," any person who receives money or anything of value to be a petition circulator;

            (5)    "Volunteer circulator" any person who does not receive money or anything of value to be a petition circulator.

    Section 2. That § 2-1-1.4 be repealed.

    Section 3. That chapter 2-1 be amended by adding a NEW SECTION to read:

    Prior to circulation of any petition for a ballot measure, a petition circulator shall submit an application to the secretary of state, obtain a circulator identification number, and be included in a directory of registered petition circulators. For each ballot measure on which a petition circulator seeks to circulate a petition, the petition circulator shall certify the circulator's name, that the circulator is at least eighteen years of age, physical address of current residence, physical address of prior residence if current residence is less than one year, email address, phone number, state of issuance for driver license, state of voter registration, occupation, the ballot question committee supporting the ballot measure, whether the petition circulator will be volunteer or paid, and whether the petition circulator is a registered sex offender. The certification under this section shall be submitted to the office of the secretary of state. If any statement included in the petition circulator's certification is determined to be false, any signatures collected by the petition circulator are void and

may not be counted. Petition sponsors shall provide a list to the secretary of state of any person acting as a petition circulator for the sponsor's ballot measure, whether the petition circulator is paid or volunteer and, if paid, the rate of compensation.

    An application submitted under this section may be filed by electronic transmission in accordance with methods approved by the secretary of state. To be timely filed, any application received by electronic transmission shall be legible when received by the means it was delivered.

    A petition circulator and petition sponsor shall update any information required under this section with the secretary of state not more than seven days of any change.

    Section 4. That chapter 2-1 be amended by adding a NEW SECTION to read:

    The secretary of state shall develop and maintain a directory, available upon request and payment of reasonable fees, that contains information provided by each petition circulator under section 3 of this Act and classifies each petition circulator as paid or volunteer. Providing a copy of the application submitted under section 3 of this Act, together with any update to the information contained in the application, is sufficient to fulfill the requirements of this section. Any information contained in the directory shall be a public record for purposes of chapter 1-25.

    Section 5. That chapter 2-1 be amended by adding a NEW SECTION to read:

    A paid petition circulator who registers under section 3 of this Act shall pay to the secretary of state a registration fee for each ballot question committee represented by the petition circulator. The registration fee for a paid circulator is twenty dollars. The registration fee shall be deposited in the state general fund.

    The fee under this section does not apply to any volunteer circulator.

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

    Following receipt of any application under section 3 of this Act and a registration fee under section 5 of this Act, if any, the secretary of state shall issue the petition circulator a circulator identification number and badge that contains the information required under section 7 of this Act.

    Section 7. That chapter 2-1 be amended by adding a NEW SECTION to read:

    A person shall wear the badge issued under section 6 of this Act which shall be visible at all times while acting as a petition circulator. The badge shall contain the words "petition circulator," and include the identity of the ballot question committee on behalf of which the petition circulator is registered, the circulator identification number, and a designation as either "paid" or "volunteer." The badge may not state the name of the petition circulator. A person is guilty of a Class 2 misdemeanor if the person acts as a petition circulator without wearing a badge issued under section 6 of this Act.

    Section 8. That § 2-1-1.1 be amended to read:

    2-1-1.1. The petition as it is to be circulated for an initiated 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 amendment;

            (2)    Contain the date of the general election at which the initiated 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 amendment to the Constitution as prepared by the attorney general; any fiscal note prepared pursuant to § 2-9-30; 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; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    For any initiated 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 amendment petition shall be filed with the secretary of state at least one year before the next general election. A sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 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, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections.

    Section 9. 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 § 2-9-30; 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; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    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 sworn affidavit, signed by at least two-thirds of the petition sponsors, containing information required for each petition circulator as required under § 2-1-1.4 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, including petition size and petition font size, and the affidavit shall be prescribed by the State Board of Elections.

    Section 10. 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 § 2-1-1.4 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; 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; and the petition circulator's circulator identification number. The form shall be approved by the secretary of state prior to circulation. The petition circulator's circulator identification number shall be printed on each signature page of a ballot measure petition the circulator circulates.

    Section 11. This Act is effective on July 1, 2020.

     Signed March 21, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\015.wpd
CHAPTER 15

(HB 1093)

Legal standards applicable to petition challenges.


        ENTITLED, An Act to establish legal standards applicable to petition challenges.

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

    Section 1. That § 2-1-14 be amended to read:



    2-1-14. All signatures secured in a manner contrary to the provisions of this chapter may state law shall not be counted.

    Section 2. That § 2-1-15 be amended to read:

    2-1-15. Upon the receiving of any initiative petition, referred law petition, or initiated constitutional amendment petition, the secretary of state shall examine the petition. No signature of a person may shall be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line. No signature of a person may shall be counted if the information required on the petition form is not accurate or complete. The secretary of state shall generate the random sample under § 2-1-16 and make available to the public the petitions and random sample validation sheets within thirty days of a request and payment of reasonable fees in accordance with § 1-8-10.

    Section 3. 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 any signature, the veracity of the petition circulator's attestation, or any other information required on a petition by statute or administrative rule, including any deficiency that is prohibited 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. For purposes of determining whether a sufficient number of valid signatures has been submitted, the interested person may elect to proceed with a challenge limited to the sample generated in accordance with § 2-1-16, with the resulting valid sample percentage applied to the entirety of the petition signatures.

    Section 4. That § 12-1-39 be amended to read:

    12-1-39. No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition, except as provided in section 2 of this Act.

     Signed March 21, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\016.wpd
CHAPTER 16

(SB 5)

Codification of legislation enacted in 2018.


        ENTITLED, An Act to codify legislation enacted in 2018.

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 2018 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 2018 revision of volume 8;

            (9)    The 2004 2018 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 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 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 2017 2018 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 2017 2018 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, 2018 2019, 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 2018 2019 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 2018 2019 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 5, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\017.wpd
CHAPTER 17

(SB 3)

Special Education interim committee, created.


        ENTITLED, An Act to create the Special Education Interim Legislative Committee.

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

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

    There is hereby created the Special Education Interim Legislative Committee. The purpose of the interim committee is:

            (1)    To examine the diagnostic tools and assessments used to identify students in South Dakota schools in need of special education or special education and related services;

            (2)    To examine the disability categories that are rising at the greatest rate and review eligibility requirements;

            (3)    To review the funding levels of the disability categories;

            (4)    To examine the common costs associated with extraordinary cost fund applications, including out-of-district placements; and

            (5)    To develop recommendations to address the increasing costs of services.

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

    The interim committee created in section 1 of this Act shall consist of the following fourteen members:

            (1)    The Executive Board of the Legislative Research Council shall appoint the following:

            (a)    Five legislators including, if possible, the chair or vice-chair of the Senate standing committee on education and the chair or vice-chair of the House standing committee on education and one member of the minority party who serves on either the Senate or House standing committee on education; and

            (b)    A person who is an advocate for persons with disabilities;

            (2)    The secretary of education shall appoint the following:

            (a)    Three school district superintendents; one representing a school district located east of the Missouri River, one representing a school district located west of the Missouri River, and one representing a school district with a fall enrollment of four hundred or fewer;

            (b)    One current member of a local school board;

            (c)    One special education director who is currently employed in a school district other than a school district represented by a superintendent or school board member appointed to serve on the interim committee pursuant to this section; and

            (d)    One school district business manager; and

            (3)    The Governor shall appoint two persons, at least one of whom is the parent of a child who attends a public school and is in need of special education or special education and related services.

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

    The interim committee shall be under the supervision of the Executive Board of the Legislative Research Council and shall report to the board on the interim committee's activities from time to time. The interim committee shall be funded and staffed as an interim legislative committee.

    Section 4. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The interim committee shall conclude its work and report its findings and recommendations to the Legislature and to the Governor no later than the next legislative session.

    Section 5. The provisions of this Act are repealed on June 30, 2020.

     Signed March 20, 2019
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CHAPTER 18

(SB 167)

A legislative study
regarding offenses related to controlled substances.


        ENTITLED, An Act to establish a legislative study to study offenses regarding controlled substances.

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

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

    There is hereby established a legislative study comprised of a total of fifteen members, with any vacancy on the study to be filled in the same manner as the original appointment, and including:

            (1)    Three members of the Senate, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (2)    Three members of the House of Representatives, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

            (3)    The secretary of the Department of Social Services;

            (4)    The secretary of the Department of Corrections;

            (5)    The attorney general;

            (6)    Two members to be appointed by the Governor who are members of the law enforcement community, including a sheriff and a state's attorney;

            (7)    Two members from the Unified Judicial System; and

            (8)    Two members who are representatives of the South Dakota Association of County Commissioners, including a county commissioner.

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

    The legislative study established under section 1 of this Act shall study and evaluate:

            (1)    Alternatives to imprisonment for any person charged and convicted of controlled substance offenses in order to more adequately assist the person with substance abuse issues;

            (2)    Possible funding alternatives as well as the financial ramifications of controlled substance offenses on the state, the counties of the state, law enforcement, substance abuse treatment facilities, and any other interested person that may be affected.

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

    The legislative study established under section 1 of this Act shall report to the Legislature and the Governor before the beginning of the Ninety-Fifth Legislative Session, including any draft legislation or policy recommendations.

    Section 4. That chapter 2-6 be amended by adding a NEW SECTION to read:

    The legislative study established under section 1 of this Act shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee.

    Section 5. This Act is repealed on July 1, 2020.

     Signed March 27, 2019
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CHAPTER 19

(SB 66)

Interim study of issues
related to electric services in an annexed area.


        ENTITLED, An Act to establish an interim legislative committee to study issues related to electric services in an annexed area.

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

    Section 1. That chapter 49-34A be amended by adding a NEW SECTION to read:

    There is hereby established an interim legislative committee comprised of a total of nine legislators, consisting of legislators from both the House of Representatives and the Senate, with no more than five members from either chamber, to be selected by the Executive Board. The interim committee shall hold at least four hearings at locations of the committee's choosing.

    Section 2. That chapter 49-34A be amended by adding a NEW SECTION to read:



    The interim legislative committee shall study and evaluate:

            (1)    The option of a municipal electric utility to provide electric service in an annexed area and associated processes;

            (2)    Economic development practices of electric utilities as it relates to subdivision (1);

            (3)    The history of assigned service territories;

            (4)    The process by which electric utilities set rates.

    Section 3. That chapter 49-34A be amended by adding a NEW SECTION to read:

    The interim legislative committee shall report to the Legislature and the Governor before the beginning of the Ninety-fifth Legislative Session. The interim legislative committee may introduce a bill implementing its policy recommendations.

    Section 4. That chapter 49-34A be amended by adding a NEW SECTION to read:

    The interim legislative committee shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee.

    Section 5. This Act is repealed on July 1, 2020.

     Signed March 20, 2019
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PUBLIC OFFICERS AND EMPLOYEES

_______________


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CHAPTER 20

(SB 90)

Financial interest statements filed by persons
elected to state or local office.


        ENTITLED, An Act to revise provisions regarding certain financial interest statements filed by persons elected to state or local office.

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

    Section 1. That § 3-1A-2 be amended to read:

    3-1A-2. Any person who assumes the Office of Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, commissioner of school and public lands, Public Utilities Commissioner, Supreme Court justice, circuit court judge, or state legislator shall, not more than within fifteen days after the person assumes office and then not later than the first day of January of every year the person continues to hold the office, file a statement of financial interest setting forth any additions or corrections to any previous statement of financial interest filed pursuant to § 12-25-28 or 12-25-29.

    Section 2. That § 3-1A-4 be amended to read:



    3-1A-4. Any person who assumes the office of a county commissioner, school board member of a school district with a total enrollment of more than two thousand students, or commissioner, councilman, or mayor in municipalities of the first class, shall, not more than within fifteen days after the person assumes office and then not later than the first day of January of every year the person continues to hold the office, file a statement of financial interest setting forth any additions or corrections to any previous statement of financial interest filed pursuant to § 12-25-30.

     Signed March 11, 2019
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CHAPTER 21

(HB 1009)

Employment by the state, requirements updated.


        ENTITLED, An Act to revise certain provisions regarding state employment.

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

    Section 1. That § 3-6C-1 be amended to read:

    3-6C-1. Terms as used in chapters 3-6C to 3-6F, inclusive, mean:

            (1)    "Appointing authority," the hiring entity;

            (2)    "Commission," the Civil Service Commission;

            (3)    "Bureau," the Bureau of Human Resources;

            (4)    "Bureau commissioner," the head of a bureau a person appointed by and serving at the pleasure of the Governor to administer one of the bureaus of the executive branch of state government;

            (5)    "Civil service," a system of human resource management for the executive branch of state government based on merit principles governing the appointment, promotion, compensation, removal, transfer, and other matters related to human resource management;

            (6)    "Civil service employee," a state permanent employee not otherwise exempted by the provisions of this chapter 3-6D;

            (7)    "Change in family status," marriage, divorce, or death of the member, spouse, or any covered dependent; birth or adoption of a child; or a change in the employment status of the member, spouse, or any covered dependent;

            (8)    "Class of positions," all civil service positions which that are sufficiently similar in kind or subject matter of work performed, level of difficulty and responsibility, and qualification requirements knowledge, skills, and abilities to warrant similar treatment in personnel and pay administration;

            (9)    "Compensation," the total compensation, which includes direct salary and fringe benefits. Fringe benefits includes employer paid retirement programs, social security, health insurance, life insurance, and any other programs offering a benefit to the employee in

which the employer participates;

            (10)    "Contribution," the dollar amount established by the human resources commissioner sufficient to cover the cost of the insurance plan;

            (11)    "Department secretary," a person appointed by and serving at the pleasure of the Governor to administer one of the major departments of the executive branch of state government;

            (12)    "Dependent," a person who is not an employee and is:

            (a)    An employee's spouse who is not divorced or legally separated from the employee; or

            (b)    An employee's child who is:

            (i)    Under the age of twenty-six or under the age of twenty-nine if a full-time student; and

            (ii)    Not benefit eligible through their employer or spouses employer; and

            (iii)    Not in military service;

            (13)    "Deputy," a person who serves as first assistant to, and at the pleasure of, a department secretary, bureau commissioner, or division director if allowed by law;

            (14)    "Division director," a person appointed by and serving at the pleasure of the department secretary or bureau commissioner to administer a division within a major department or bureau of the executive branch of state government;

            (15)    "Eligible employee," an active employee placed in a permanent position, employed by a participating agency and scheduled to work twenty or more hours a week at least six months of the year;

            (16)    "Employee," any person working for state government, paid by the State of South Dakota state, or remunerated by other funds raised, appropriated, or otherwise generated by the state. The term does not include any person working for any authority authorized by law;

            (17)(16)    "Employer," the State of South Dakota;

            (18)(17)    "Executive branch employee," any employee working for state government except those working for the legislative or judicial branches of state government;

            (19)(18)    "Human resources commissioner," the commissioner of the Bureau of Human Resources bureau;

            (20)(19)    "Law enforcement employee," any certified law enforcement officer working for the Division of Criminal Investigation or the Highway Patrol;

            (21)(20)    "Member," a state employee or retiree who is covered by the plan as the primary insured and who may elect to have his or her dependents covered by the plan;

            (21)    "Permanent employee," an active employee placed in a permanent position, employed by a participating agency. This term does not include temporary, emergency, patient, or student employees;

            (22)    "Plan," the state employee's benefit insurance plan as created by chapter 6-E 3-6E;

            (23)    "Plan-eligible employee," a permanent employee who is scheduled to work twenty or more hours a week at least six months of the year or an employee employed by an appointing authority who has worked an average of thirty hours or more per week during a twelve-month standard measurement period, as defined by the Patient Protection and Affordable Care Act of 2010, as amended to January 1, 2019;

            (24)    "Position," a collection of duties and responsibilities assigned by the appointing authority to one person;

            (24)(25)    "Safety-sensitive position," any law enforcement officer authorized to carry firearms and any custody staff employed by any agency responsible for the rehabilitation or treatment of any adjudicated adult or juvenile;

            (25)(26)    "Self-insured," a state-supported benefit plan in which the initial risk for any losses is born by the plan;

            (27)    "Spouse," an employee's husband or wife as a result of marriage that is legally recognized in this state or under the laws of the state where the marriage occurred. The term does not include a spouse as a result of a common-law marriage;

            (26)(28)    "Substance," marijuana as defined in subdivision 22-42-1(7) and any controlled drug or substance as defined in chapter 34-20B.

    Section 2. That § 3-6C-2 be amended to read:

    3-6C-2. The Bureau of Human Resources bureau shall perform human resource functions for the following agencies:

            (1)    Board of Regents;

            (2)    Board of Trustees of the South Dakota Retirement System; and

            (3)    All other state departments, bureaus, divisions, boards, and commissions of the executive branch.

    The Bureau of Human Resources bureau may delegate human resource functions to either the Board of Regents or the Board of Trustees of the South Dakota Retirement System through agreements entered into pursuant to chapter 1-24.

    Section 3. That § 3-6C-3 be amended to read:

    3-6C-3. No A temporary employee nor any, patient, inmate, or student employee, as defined by any rules promulgated by the Civil Service Commission commission pursuant to chapter 1-26, may not receive any compensation for any holiday as defined in § 1-5-1. However, the employee shall be compensated for any hours actually worked on such holidays.

    Section 4. That § 3-6C-4 be amended to read:

    3-6C-4. Each state permanent employee shall earn fifteen working days vacation time up to one hundred twenty hours vacation leave per full year of employment. Any A permanent employee with more than fifteen years employment shall receive twenty working days vacation with pay for each earn up to one hundred sixty hours vacation leave per full year of employment. Such Vacation leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner of human resources. No vacation hours earned Vacation leave may not be used until the employee has served the initial six-month period. Vacation hours are leave is cumulative only to the extent of that which may be earned in a period of time not exceeding two

years of regular and continuous state employment. No advanced leave of absence for vacation with pay may be granted Vacation leave may not be advanced to an employee at any time.

    Section 5. That § 3-6C-5 be amended to read:

    3-6C-5. Any state A permanent employee, including any state employee exempt from the provisions of this chapter 3-6D, who has been employed by the state for a continuous period of six months is entitled to vacation leave. However, no temporary or emergency employee, as defined by any rules promulgated by the Civil Service Commission pursuant to chapter 1-26, and no patient, inmate, or student employee is eligible for vacation leave. Any part-time employee who has served an accumulative six-month period is entitled to vacation leave.

    Section 6. That § 3-6C-6 be amended to read:

    3-6C-6. Any An employee who retires or voluntarily resigns may terminate employment at the end of the employee's accrued vacation period leave or receive a lump-sum payment for the unused vacation time leave which has accrued as of the employee's final day on the payroll. Any An employee meeting the definition of a participant as set out in subdivision 3-13A-2(8) 3-13A-2(7) shall have such lump-sum payment transmitted to the fund pursuant to the provisions of § 3-13A-5. However, if the employee dies, payment for the accumulated vacation leave of absence for vacation time shall be paid according to §§ 3-8-8 to 3-8-11, inclusive.

    Section 7. That § 3-6C-7 be amended to read:

    3-6C-7. In addition to the leave of absence for vacation as provided in § 3-6C-4, each employee of the state, except temporary and emergency employees as defined by Civil Service Commission rules, and patient, inmate, and student employees, is entitled to fourteen days leave of absence for sickness without loss of pay, exclusive of Saturdays, Sundays, and holidays, for each year the employee is in the employment of the state. Leave of absence for sickness Each permanent employee shall earn up to one hundred twelve hours sick leave per full year of employment. Sick leave shall be accrued on an hourly, biweekly, semimonthly, or monthly basis as determined by the human resources commissioner of human resources and shall accumulate without limit as to the number of days hours of such accumulation. Any leave of absence for sickness The use of sick leave shall be supported by a medical certificate upon the request of the human resources commissioner of human resources. No An employee is not entitled to more than the employee's accrued and earned sick leave of absence for sickness without first using up any and all of the employee's accumulated and earned vacation leave of absence for vacation leave.

    An employee may use up to five days forty hours of the employee's accrued sick leave annually for personal emergency reasons. Leave for personal emergencies may not be accrued accumulated from year to year. The Civil Service Commission commission, pursuant to chapter 1-26, shall promulgate rules to implement this provision.

    Adoption of a child by any state an employee is treated as natural childbirth for leave purposes.

    Section 8. That § 3-6C-8 be amended to read:

    3-6C-8. Any state A permanent employee may accrue vacation leave, but not sick leave, while receiving workers' compensation under § 62-4-3.

    Section 9. That § 3-6C-9 be amended to read:

    3-6C-9. Leave of absence for sickness Sick leave may be advanced to an a permanent employee who has been in regular and continuous employment of the state for at least one full year if the employee has used up all of the employee's earned accrued vacation and sick leave of absence for vacation and sickness. If an employee receives advanced sick leave, any subsequent sick leave earned

accrued by the employee shall be credited against the employee's negative sick leave balance until the advanced sick leave is repaid. At no time shall the The employee's advanced negative sick leave balance may not exceed twenty-eight days two hundred twenty-eight hours. Advanced sick leave of absence for sickness is within the discretion of the bureau under rules promulgated by the Civil Service Commission commission pursuant to chapter 1-26, and is authorized only if the bureau's consent has first been obtained.

    Section 10. That § 3-6C-10 be amended to read:

    3-6C-10. No state An employee may not be allowed compensation compensated under § 62-4-3 for a period for which the employee has also received sick pay authorized by § 3-6C-7 or 3-6C-9 or vacation pay authorized by § 3-6C-4. Nothing in this section limits any other compensation or benefits due employees of the state to an employee under Title 62.

    Section 11. That § 3-6C-11 be amended to read:

    3-6C-11. If an injured state permanent employee's workers' compensation benefits are not equal to the employee's salary, the employee may, notwithstanding any provision in § 3-6C-10, use paid sick pay or vacation pay leave in an amount necessary to make up the difference between the employee's salary and the workers' compensation benefits.

    Section 12. That § 3-6C-12 be amended to read:

    3-6C-12. Every state A permanent employee, who has been continuously employed in a permanent position by the State of South Dakota or any department or agency thereof for at least seven years prior to the date of the employee's retirement, voluntary resignation, layoff, termination for inability to perform job functions due to physical disability, or death, shall receive payment for one-fourth of the unused sick leave of absence for sickness which has accrued as of the employee's final day on payroll. The payment may not exceed the sum of four hundred eighty hours. Payment shall be made in a lump sum with the employee's last payroll warrant. Any An employee meeting the definition of a participant as set out in subdivision 3-13A-2(8) 3-13A-2(7) shall have such the lump-sum payment transmitted to the fund pursuant to the provisions of § 3-13A-5. However, in the case of death of if the employee dies, payment for such the accumulated sick leave of absence for sickness shall be paid as provided under the provisions of in accordance with §§ 3-8-8 to 3-8-11, inclusive.

    Section 13. That § 3-6C-13 be amended to read:

    3-6C-13. Any A permanent employee of the state may donate accrued vested leave to another state permanent employee who has exhausted all accrued vacation and sick leave and who meets all one of the following criteria:

            (1)    The recipient employee is terminally ill and the employee's condition does not allow a return to work; or

            (2)    The recipient employee is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally and the employee's physical condition does not allow a return to work for a period of at least ninety consecutive days; and

            (3)    All leave benefits for which the recipient employee is eligible have been exhausted.

    The donation is not allowed after the recipient employee may not receive donated leave once the employee is able to return to work or is approved for disability benefits provided for in § 3-12-98 or any other public disability benefits.

    The donation of accrued vested leave may not exceed two thousand eighty hours per recipient employee as defined in subdivision (1) of this section or one thousand forty hours per illness or injury for a recipient employee as defined in subdivision (2) of this section, not to exceed two thousand eighty hours per recipient. The donation shall be approved by the Bureau of Human Resources bureau under rules promulgated by the Civil Service Commission commission pursuant to chapter 1-26, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave, coordination of leave donation with disability and other public benefits and in compliance with the provisions of § 3-6C-12, and procedures for approval of the donation.

    Section 14. That § 3-6C-14 be amended to read:

    3-6C-14. Any donation of leave pursuant to section § 3-6C-13 or 3-6C-15 may be restricted as follows:

            (1)    The donating employee may only donate leave to an employee who is at the same or lower paygrade pay grade as the donating employee; and

            (2)    The donation may be denied based upon funding considerations within the agency, at the discretion of the human resources commissioner.

    Section 15. That § 3-6C-15 be amended to read:

    3-6C-15. Any A permanent employee of the state may donate accrued vested vacation leave to another state permanent employee who meets all of the following criteria:

            (1)    The recipient employee will use the donated leave to care for the recipient employee's spouse, child, or parent who is terminally ill;

            (2)    The recipient employee's spouse, child, or parent is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally; and

            (3)    All leave benefits for which the recipient employee is eligible have been exhausted The recipient employee has exhausted all accrued vacation and personal emergency leave.

    The total paid leave, including the donated vacation leave pursuant to this section, may not exceed twelve weeks annually per recipient employee. The donation shall be approved by the Bureau of Human Resources bureau under rules promulgated pursuant to chapter 1-26 by the Civil Service Commission commission, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave and for prorating donated leave for part-time employees, and procedures for approval of the donation. Any donation shall be in compliance with the provisions of §§ 3-6C-4 and 3-6C-5.

    Section 16. That § 3-6C-16 be amended to read:

    3-6C-16. If an a permanent employee transfers from one state department, institution, agency, or office to another state department, institution, agency, or office, the employee may transfer all unused and earned leave of absence for vacation or sickness accrued vacation and sick leave as was allowed the employee under the provisions of §§ 3-6C-4 and 3-6C-7.

    Section 17. That § 3-6C-17 be amended to read:

    3-6C-17. The provisions of §§ 3-6C-4 to 3-6C-16, inclusive, do not prohibit the taking of leave

of absence for vacation or sickness without pay if the leave of absence is authorized and approved by the board, commission, agency, department, office, or officer employing the employee, pursuant to rules promulgated pursuant to chapter 1-26 by the human resources commissioner of the Bureau of Human Resources.

    Section 18. That § 3-6C-18 be amended to read:

    3-6C-18. The Civil Service Commission commission may, pursuant to chapter 1-26, promulgate rules to further define the types of leave permitted to be taken as sick leave, vacation leave, and leave of absence, including the following: child care, jury duty, military service, maternity, and education and other fringe benefits.

    Section 19. That § 3-6C-20 be amended to read:

    3-6C-20. Holidays, other than Sundays, enumerated in § 1-5-1, are a benefit for any permanent state employee permanent employees including those who are not scheduled to work the day on which a holiday falls. A permanent employee is eligible for shall receive holiday pay if the employee works at least one shift or is on approved paid leave during the calendar week in which the holiday falls. Part-time permanent employees shall receive prorated holiday pay. For payroll and leave purposes, a holiday is no more than eight hours long.

    Section 20. That § 3-6C-21 be amended to read:

    3-6C-21. Any A permanent employee of the State of South Dakota who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay not to exceed ten days in any one calendar year to participate in disaster relief services for the American Red Cross during a State of South Dakota declared disaster, upon the request of the American Red Cross for the services of the employee and upon approval of that employee's appointing authority. However, no state an employee who is needed by the employee's appointing authority to perform job-related disaster services may not be granted this leave. The appointing authority shall compensate an employee granted leave under this section at the employee's regular rate of pay for regular work hours during which the employee is absent from work.

    Section 21. That § 3-6C-22 be amended to read:

    3-6C-22. Any absence approved pursuant to § 3-6C-21 for disaster service volunteers does not affect the a permanent employee's right to receive normal vacation, and sick leave, bonus, advancement, and other advantages of employment.

    Section 22. That § 3-6C-24 be amended to read:

    3-6C-24. The human resources commissioner shall establish and maintain appropriate records on all civil service employees relating to the several provisions of this chapter. The Civil Service Commission commission may promulgate rules, pursuant to chapter 1-26, to regulate the records maintained by the Bureau of Human Resources bureau. Any records required or maintained by the Bureau of Human Resources bureau, including performance appraisals, that pertain to an employee shall be available and open to inspection by the employee during normal business hours.

    Section 23. That § 3-6D-1 be amended to read:

    3-6D-1. There is hereby created a Civil Service Commission. The Civil Service Commission commission consists of seven members, not all of whom may be of the same political party. Three of the members shall be experienced in law enforcement. The Governor shall initially appoint two members for a term of two years, two members for a term of three years, and three members for a term of four years. Thereafter, each appointment shall be The Governor shall appoint each member for a term of four years, beginning on the first day of July. Any member appointed to fill a vacancy

arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

    Section 24. That § 3-6D-2 be amended to read:

    3-6D-2. A member of the Civil Service Commission commission may be removed by the Governor only for cause after being given a copy of the charges and an opportunity to be heard publicly on such the charges before the Governor. A copy of the charges and a transcript of the record of the hearing shall be filed with the secretary of state.

    Section 25. That § 3-6D-3 be amended to read:

    3-6D-3. The Civil Service Commission commission shall hold such meetings as necessary to carry out its duties under this chapter. The commission shall elect one of its members as chair at its the first meeting in each year. Four members shall constitute a quorum for the conduct of business. If the subject of any meeting is the discipline of any law enforcement officer, at least two of the members of the commission in attendance shall be experienced in law enforcement.

    Section 26. That § 3-6D-4 be amended to read:

    3-6D-4. This chapter applies to all executive branch employees of state government, but excluding:

            (1)    Elected officers and all employees in the offices of the secretary of state, state treasurer, state auditor, commissioner of school and public lands, and public utilities commission;

            (2)    The members of boards and commissions;

            (3)    Department secretaries, bureau commissioners, division directors, deputy secretaries, deputy bureau commissioners, deputy division directors, and supervisors who determine and publicly advocate substantive program policy, attorneys, physicians, confidential assistants to exempt employees and other directors or administrative policy-making positions of executive branch institutions, commissions, boards and agencies;

            (4)    All positions in the Office of the Governor and Bureau of Finance and Management;

            (5)    Presidents, deans, administrative and policy-making positions, student health service physicians, teaching and professional research positions under the jurisdiction of the State Board of Regents and other directors or administrative policy-making positions of such institutions as determined by the human resources commissioner;

            (6)    Teachers of the several institutions under the jurisdiction of the executive branch;

            (7)    A person hired to fill the position of an employee who is deployed or activated under circumstances requiring reinstatement under the Uniform Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 as in effect January 1, 2012;

            (8)    Patients and inmates who are employed by state institutions under the executive branch;

            (9)    Temporary employees and interns; and

            (10)    The attorney general and all employees within its office except certified law enforcement officers within the division of criminal investigation.

    The Civil Service Commission commission may promulgate rules, pursuant to chapter 1-26 which, that establish criteria to implement this section for exemptions from the civil service. The

human resources commissioner may determine which positions are eligible for exemption under the provisions of this chapter. Any decision of the human resources commissioner of human resources relating to exemptions from the civil service may be appealed to the commission pursuant to chapter 1-26.

    Section 27. That § 3-6D-5 be amended to read:

    3-6D-5. Each civil service applicant and civil service employee shall be accorded the following protections:

            (1)    Discrimination on the basis of political affiliation in regard to the hiring, promotion, termination, or any other tangible employment action relating to a civil service employee is prohibited;

            (2)    An A civil service employee may not be required to participate in partisan political activities;

            (3)    An A civil service employee may not be obliged, by reason of that employment, to contribute to any political funds or collections or render political service. Any A civil service employee refusing to contribute such funds or to render that political service may not be removed or otherwise disciplined or prejudiced for such the refusal;

            (4)    An A civil service employee retains the right of free speech;

            (5)    An A civil service employee may not be disciplined for the reporting of any violation of state or federal law to any local, state or federal authority;

            (6)    An A civil service employee has the right to obtain a copy of his or her the employee's personnel file or any other pertinent data that directly relates to the employee held in the state's files. The cost of the copy shall be borne by the employee;

            (7)    Prior to any disciplinary action, the a civil service employee shall be given verbal or written notice and an opportunity to present reasons, either in person or in writing, why the proposed action should not be taken; and

            (8)    Such other Other rights and protections as enumerated by state or federal statute or rule.

    Section 28. That § 3-6D-6 be amended to read:

    3-6D-6. Any personnel management actions taken under the provisions of this chapter shall comply with merit standards as follows:

            (1)    Recruiting, selecting, and advancing civil service employees through open consideration of qualified applicants for initial appointments and promotions. Selection of qualified applicants is based on relative ability, knowledge, and skills;

            (2)    Providing equitable and adequate compensation;

            (3)    Training civil service employees to assure high quality performance;

            (4)    Retaining civil service employees based on performance, correcting inadequate performance, and separating employees whose performance cannot be improved; and

            (5)    Assuring fair treatment without regard to age, political affiliation, race, color, national origin, sex, or religious creed.

    Section 29. That § 3-6D-7 be amended to read:

    3-6D-7. The Civil Service Commission commission shall promulgate rules, pursuant to chapter 1-26, in the areas of recruitment, examination, selection, and promotion of civil service employees to be administered by the human resources commissioner. Each examination shall relate to matters that will fairly test the relative capacity of the person examined to discharge the duties of the position and may include tests of physical qualifications, training and experience, written examinations, and health and, if appropriate, technical or manual skill. The human resources commissioner shall designate the times and places for each examination.

    Section 30. That § 3-6D-8 be amended to read:

    3-6D-8. Each civil service appointment shall be made from among the best qualified persons on a list of eligible applicants certified by the human resources commissioner as meeting the minimum qualifications standards for the position to be filled from a list of eligible applicants. Any person who makes an appointment contrary to the provisions of this section is guilty of a Class 1 misdemeanor.

    Section 31. That § 3-6D-9 be amended to read:

    3-6D-9. The human resources commissioner may delegate the administration of this chapter to state institutions and departments throughout the state. However, the human resources commissioner shall delegate to institutions under the jurisdiction of the Board of Regents the administration of recruitment, examining, and selection of employees for such institutions under the jurisdiction of the Board of Regents. All such delegated administrative authority shall be exercised in accordance with the provisions of this chapter and Civil Service Commission commission rules.

    Section 32. That § 3-6D-10 be amended to read:

    3-6D-10. The Civil Service Commission commission shall promulgate rules, pursuant to chapter 1-26, to develop a position classification system for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications and pay may reasonably be required and established for positions allocated to the same class.

    Section 33. That § 3-6D-11 be amended to read:

    3-6D-11. The Civil Service commission shall promulgate rules, pursuant to chapter 1-26, to develop a statewide pay system which assures the principle of equal pay for equal work applying to positions existing in the civil service.

    Section 34. That § 3-6D-12 be amended to read:

    3-6D-12. The human resources commissioner of the Bureau of Human Resources shall approve the payroll for all departments and institutions of the executive branch to ensure compliance with this chapter and chapter 3-6C.

    Section 35. That § 3-6D-13 be amended to read:

    3-6D-13. The human resources commissioner of the Bureau of Human Resources shall give final approval or rejection to all negotiated labor contracts and settlements for civil service employees based on compliance with this chapter and Civil Service Commission commission rules.

    Section 36. That § 3-6D-14 be amended to read:

    3-6D-14. The Civil Service Commission commission shall promulgate rules, pursuant to chapter 1-26, governing civil service employees in matters of discipline, retirement, standards of conduct, adverse actions, political activity in employment, hours of work, equal opportunity, complaints,

grievances and appeals to the commission, and reductions in force due to nondisciplinary reasons.

    Section 37. That § 3-6D-15 be amended to read:

    3-6D-15. If a grievance remains unresolved after exhaustion of a departmental an agency grievance procedure, an a civil service employee may demand a hearing before the Civil Service Commission commission as provided for in contested cases in chapter 1-26. The proceedings shall be held as provided in chapter 1-26. The 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 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 human resources 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 § 1-26-18.3.

    Any final action or decision may be appealed pursuant to chapter 1-26.

    Section 38. That § 3-6D-16 be amended to read:

    3-6D-16. In resolving grievances involving the discipline of an a civil service employee, the Civil Service Commission commission shall determine and decide whether the action was made for good cause. If the commission finds that the action was made for good cause, the commission shall enter an order upholding the decision of the appointing authority agency disciplining the employee. If, however, the commission finds that the action was made without good cause, the commission shall enter an order reversing the decision of the appointing authority agency.

    Section 39. That § 3-6D-17 be amended to read:

    3-6D-17. In resolving a grievance, the commission may reinstate an a civil service employee who has been disciplined without good cause. If reinstatement is ordered by the commission, the order shall include one or more of the following forms of relief: an award of back pay, an award of back benefits, placement in the same position and location that the employee held before the discipline, or placement in a comparable position and location that the employee held before the discipline. Any award of back pay and benefits shall include the employer's contribution pursuant to § 3-12-71. Any award of back pay and benefits which adversely affects an agency's budget shall be considered advisory and submitted by the affected agency to the committee created by chapter 4-8A or the next session of the Legislature.

    Section 40. That § 3-6D-18 be amended to read:

    3-6D-18. Each state department agency shall adhere to, and assist the human resources commissioner of the Bureau of Human Resources in administering, the provisions of this chapter. An appointing authority agency may formulate department agency level procedures within the limitations of those rules promulgated pursuant to chapter 1-26 by the Civil Service Commission commission or the human resources commissioner of human resources. The procedures shall be reviewed and approved by the human resources commissioner of human resources before implementation.

    Section 41. That § 3-6D-19 be amended to read:


    3-6D-19. The human resources commissioner shall maintain accurate records reflecting the costs of administering the provisions of this chapter. The human resources commissioner shall summarize the cost and shall bill each department, office, institution, or bureau for a pro rata share of the administrative cost.

    Section 42. That § 3-6D-20 be amended to read:

    3-6D-20. No An applicant for a civil service position shall may not:

            (1)    Directly or indirectly give, render, or pay, or promise to give, render, or pay any money, service, or other thing to any person, for or on account of, or in connection with an examination, appointment, or proposed appointment; or

            (2)    Submit, with the intent to deceive, any false application, credential, test, or examination to a hiring authority for the purpose of obtaining any appointment or proposed appointment or promotion.

    A violation of this section is a Class 1 misdemeanor.

    Section 43. That § 3-6D-21 be amended to read:

    3-6D-21. No An employee of the Bureau of Human Resources bureau or any other person may not defeat, deceive, or obstruct any person's right to examination, eligibility, certification, or appointment pursuant to this chapter, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the civil service. A violation of this section is a Class 1 misdemeanor.

    Section 44. That § 3-6D-22 be amended to read:

    3-6D-22. An A civil service employee may file a grievance with the Civil Service Commission commission if the employee believes that there has been retaliation because of reporting a violation of state law through the chain of command of the employee's department agency, to the attorney general's office, the State Government Accountability Board, or because the employee has filed a suggestion pursuant to this section.

    Section 45. That § 3-6E-1 be amended to read:

    3-6E-1. The Bureau of Human Resources bureau may establish a benefits plan, for plan-eligible employees of the state. The plan may either be self-funded or established as a group health insurance program. The plan may provide for group health coverage against the financial cost of hospital, surgical, pharmacy, and medical treatment and care, and such any other coverage or benefits, as deemed appropriate and desirable by the human resources commissioner determines is appropriate and desirable. The human resources commissioner may include a flexible benefit plan which allows an employee to choose the employee's own benefits or levels of coverage.

    Section 46. That § 3-6E-2 be amended to read:

    3-6E-2. The human resources commissioner of the Bureau of Human Resources may provide all, or any part of, the benefits under the plan or plans provided pursuant to this chapter by means of a plan which is self-funded in whole or in part.

    Section 47. That § 3-6E-3 be amended to read:

    3-6E-3. The human resources commissioner may authorize the purchase of reinsurance to cover against losses incurred by the benefit plan.


    Section 48. That § 3-6E-4 be amended to read:

    3-6E-4. Each state plan-eligible employee eligible for membership in the health plan shall be enrolled in the plan unless the employee is covered by another group health plan either as a dependent or spouse and the employee provides notice to the plan administrator.

    Section 49. That § 3-6E-5 be amended to read:

    3-6E-5. All eligible employees Each plan-eligible employee shall be enrolled in the benefit plan on such the effective dates as established by the human resources commissioner may establish.

    Section 50. That § 3-6E-6 be amended to read:

    3-6E-6. Any eligible A plan-eligible employee may elect to have any of the employee's eligible dependents covered by the health plan. The election shall be made at the time the employee becomes enrolled in the plan, or such other at another time as the human resources commissioner allows.

    Section 51. That § 3-6E-7 be amended to read:

    3-6E-7. The Bureau of Human Resources bureau may provide a health plan for retiring employees and their spouses and dependents as defined by rules of the Bureau of Human Resources bureau, promulgated pursuant to chapter 1-26, and on such terms as the human resources commissioner deems determines are appropriate.

    Section 52. That § 3-6E-8 be amended to read:

    3-6E-8. The State of South Dakota shall either make a monthly contribution to the system or otherwise provide for the amount necessary to make payment to the system for the full single rate monthly health insurance premium or contribution for each plan-eligible employee. This amount shall be transmitted to the account of the state employees employees' benefits plan in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the benefits plan with an amount equal to that remitted or otherwise provided. After the contribution has been assigned to the benefits plan, the Bureau of Human Resources bureau shall disburse the contribution in accordance with the provisions of this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner of the Bureau of Human Resources.

    Section 53. That § 3-6E-9 be amended to read:

    3-6E-9. The employer State of South Dakota shall deduct on each payroll of a member for each payroll period the amount of the contribution or premium, including any administrative expense. The employer state shall make deductions from salaries of plan-eligible employees and shall transmit monthly the amount specified to be deducted to the state treasurer. The state treasurer, after making a record of receipts, shall credit the benefits plan with an amount equal to that remitted by the employer state. After the credit has been assigned to the benefits plan, the human resources commissioner shall disburse credit in accordance with the provisions of this chapter and the rules promulgated pursuant to chapter 1-26 by the human resources commissioner of the Bureau of Human Resources.

    Section 54. That § 3-6E-10 be amended to read:

    3-6E-10. Any funds transmitted to the state treasurer's office Office of the State Treasurer as designated transfers to the state employees employees' benefits plan shall be placed in the trust fund established by this chapter and entitled the state employees employees' benefits plan fund. Disbursements from such the fund shall be made by warrants drawn by the state auditor upon itemized vouchers duly approved by the human resources commissioner of the Bureau of Human Resources.



    Section 55. That § 3-6E-11 be amended to read:

    3-6E-11. The Bureau of Human Resources bureau shall make available upon request, to each employee who is covered under the plan member, a certificate setting forth the benefits to which the employee member and the employee's member's dependents are entitled under this chapter, to whom the benefits are payable, to whom claims shall be submitted, and a summary of the provisions of the plan's benefits as they affect the employee member and the employee's member's dependents.

    Section 56. That § 3-6E-12 be amended to read:

    3-6E-12. Any benefits payable under the benefit plan may be paid either directly to the attending physician, dentist, hospital, medical, or dental group, or other person, corporation, limited liability company, association, or firm furnishing the service upon which the claim is based, or to the insured employee member upon presentation of receipted bills for such service.

    Section 57. That § 3-6E-13 be amended to read:

    3-6E-13. The human resources commissioner of the Bureau of Human Resources is responsible for the administration of this chapter and shall promulgate such rules as are required for the effective administration of the provisions of this chapter in accordance with pursuant to chapter 1-26. The rules may be promulgated in the following areas:

            (1)    To establish what benefits will be offered pursuant to this chapter;

            (2)    Participation in the plan by employees, retired employees, and dependents;

            (3)    Procedures for election of coverage;

            (4)    Effective dates of coverage if not specified by statute;

            (5)    Termination of coverage;

            (6)    Changes in dependent coverage;

            (7)    Collection of premiums and contributions;

            (8)    To coordinate the benefits plan with the health insurance plan authorized in this chapter; and

            (9)    Other provisions as required to meet federal law.

    Section 58. That § 3-6E-14 be amended to read:

    3-6E-14. The State of South Dakota shall provide for the amount necessary to make payment to the state employee workers' compensation program for the claims of employees of the state arising under Title title 62. This amount shall be transmitted to the account of the state employees employee workers' compensation program in the Office of the State Treasurer. The state treasurer, after making a record of the receipts, shall credit the state employee workers' compensation program with an amount equal to that remitted or otherwise provided. After the contribution has been assigned to the state employees employee workers' compensation program, the Bureau of Human Resources bureau shall disburse the funds according to the provisions of Title title 62 and the rules promulgated by the human resources commissioner of the Bureau of Human Resources pursuant to chapter 1-26.

    Section 59. That § 3-6E-15 be amended to read:

    3-6E-15. Responsibility for the administration and payment of workers compensation claims of

former employees of the South Dakota State Cement Plant Commission is hereby transferred to the state employees employee workers' compensation program.

    Section 60. That § 3-6E-16 be amended to read:

    3-6E-16. The employer state shall contribute on each payroll for an employee for each payroll period the amount of the state employees employee workers' compensation program premium, including any administrative expense. The employer state shall transmit monthly the amount specified to be paid to the state treasurer. The state treasurer, after making a record of receipts, shall credit the state employees employee workers' compensation program with an amount equal to that remitted by the employer state. The credit shall be assigned to the state employee workers' compensation program. The human resources commissioner shall disburse the funds according to Title title 62 and the rules promulgated by the Department of Labor and Regulation and the commissioner pursuant to chapter 1-26.

    Section 61. That § 3-6E-17 be amended to read:

    3-6E-17. Any funds transmitted to the Office of the State Treasurer as designated transfers to the state employees employee workers' compensation program shall be placed in the trust fund established by this section and entitled the state employees employee workers' compensation program fund. Disbursements from this fund shall be made by warrants drawn by the state auditor.

    Section 62. That § 3-6E-18 be amended to read:

    3-6E-18. The human resources commissioner of the Bureau of Human Resources may promulgate rules, pursuant to chapter 1-26, with respect to the adjustment, administration, and management of the state employee workers' compensation program for state employees.

    Section 63. That § 3-6E-19 be amended to read:

    3-6E-19. Responsibility for the administration and payment of life insurance plan benefits of former employees of the South Dakota State Cement Plant Commission is hereby transferred to the Bureau of Human Resources bureau.

    Section 64. That § 3-6F-1 be amended to read:

    3-6F-1. The human resources commissioner of the Bureau of Human Resources shall establish and implement a drug screening program for applicants who seek the following employment:

            (1)    Positions at the Human Services Center or the South Dakota Developmental Center whose primary duty includes patient or resident care or supervision;

            (2)    Positions at the South Dakota State Veterans' Home whose primary duty includes patient or resident care or supervision;

            (3)    Safety sensitive positions; and

            (4)    Positions in the Department of Agriculture, Wildland Fire Suppression Division whose duties include firefighting.

    The human resources commissioner may also establish and implement a drug screening program for employees holding those positions based upon reasonable suspicion of illegal drug use by any such employee.

    Section 65. That § 3-6F-3 be amended to read:


    3-6F-3. Individual test results and medical information collected pursuant to this chapter are confidential. This information may be revealed only as authorized by the human resources commissioner of the Bureau of Human Resources. An applicant or employee may have access to the information or test results upon written request to the human resources commissioner.

    Section 66. That § 3-6F-5 be amended to read:

    3-6F-5. The human resources commissioner of the Bureau of Human Resources may promulgate rules, pursuant to chapter 1-26, necessary to carry out the provisions of this chapter with regard to:

            (1)    Listing of positions whose primary duty includes patient or resident care or supervision;

            (2)    Substances to be screened;

            (3)    Drug screening procedures;

            (4)    Procedures for collecting, analyzing, and evaluating test samples;

            (5)    Confidentiality of testing procedures;

            (6)    Referral for education or treatment; and

            (7)    Consequences that may result from valid positive test results or from failure to submit to a test.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\021.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\022.wpd
CHAPTER 22

(HB 1010)

South Dakota Retirement System, revised.


        ENTITLED, An Act to recodify, to make certain form and style changes, to clarify, and to repeal certain provisions related to the South Dakota Retirement System.

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

    Section 1. Pursuant to § 2-16-9, the Code Counsel shall transfer the following sections to a NEW CHAPTER 3-12C: §§ 3-12-46, 3-12-47.1, 3-12-47.2, 3-12-47.4, 3-12-47.5, 3-12-47.6, 3-12-47.7, 3-12-47.8, 3-12-47.9, 3-12-47.11, 3-12-47.12, 3-12-47.13, 3-12-48, 3-12-49, 3-12-51, 3-12-52, 3-12-53, 3-12-54, 3-12-55, 3-12-57.1, 3-12-58, 3-12-58.1, 3-12-60, 3-12-61, 3-12-62, 3-12-62.1, 3-12-62.2, 3-12-62.3, 3-12-62.4, 3-12-62.5, 3-12-62.6, 3-12-62.8, 3-12-62.9, 3-12-62.10, 3-12-62.11, 3-12-62.12, 3-12-62.13, 3-12-63, 3-12-64, 3-12-65, 3-12-66, 3-12-67, 3-12-67.1, 3-12-69.1, 3-12-69.2, 3-12-69.3, 3-12-69.4, 3-12-69.5, 3-12-70, 3-12-71, 3-12-72, 3-12-72.1, 3-12-72.3, 3-12-72.4, 3-12-73, 3-12-74, 3-12-75, 3-12-76, 3-12-76.2, 3-12-76.3, 3-12-77, 3-12-77.3, 3-12-78, 3-12-81.1, 3-12-82, 3-12-83, 3-12-83.1, 3-12-83.2, 3-12-84, 3-12-84.2, 3-12-84.3, 3-12-85, 3-12-86, 3-12-86.2, 3-12-87, 3-12-88, 3-12-89, 3-12-89.1, 3-12-89.3, 3-12-89.4, 3-12-89.6, 3-12-89.7, 3-12-89.8, 3-12-89.9, 3-12-89.10, 3-12-90, 3-12-91, 3-12-91.1, 3-12-92, 3-12-92.1, 3-12-92.2, 3-12-92.3, 3-12-92.4, 3-12-92.6, 3-12-94, 3-12-94.1, 3-12-95, 3-12-95.1, 3-12-95.2, 3-12-95.3, 3-12-95.4, 3-12-95.6, 3-12-96, 3-12-97, 3-12-98, 3-12-99, 3-12-99.1, 3-12-100, 3-12-101, 3-12-103, 3-12-103.1, 3-12-104, 3-12-104.1, 3-12-104.2, 3-12-105, 3-12-106, 3-12-107, 3-12-109, 3-12-110, 3-12-111, 3-12-111.1, 3-12-112, 3-12-114, 3-12-115, 3-12-115.1, 3-12-116, 3-12-117, 3-12-118,

3-12-119, 3-12-120.4, 3-12-121, 3-12-122, 3-12-122.1, 3-12-123, 3-12-124, 3-12-125, 3-12-126, 3-12-127, 3-12-128, 3-12-129, 3-12-130, 3-12-130.1, 3-12-131, 3-12-132, 3-12-133, 3-12-134, 3-12-135, 3-12-136, 3-12-141, 3-12-142, 3-12-143, 3-12-153, 3-12-154, 3-12-155, 3-12-156, 3-12-157, 3-12-158, 3-12-159, 3-12-160, 3-12-161, 3-12-162, 3-12-163, 3-12-164, 3-12-189, 3-12-190, 3-12-191, 3-12-192, 3-12-193, 3-12-194, 3-12-195, 3-12-196, 3-12-197, 3-12-198, 3-12-199, 3-12-202, 3-12-203, 3-12-204, 3-12-205, 3-12-206, 3-12-207, 3-12-207.1, 3-12-217, 3-12-218, 3-12-219, 3-12-220, 3-12-221, 3-12-222, 3-12-223, 3-12-224, 3-12-500, 3-12-501, 3-12-502, 3-12-502.1, 3-12-504, 3-12-505, 3-12-506, 3-12-507, 3-12-508, 3-12-509, 3-12-510, 3-12-511, 3-12-512, 3-12-513, 3-12-514, 3-12-515, 3-12-517, 3-12-519, 3-12-520, and 3-12-521.

    Section 2. That § 3-12-47 be amended to read:

    3-12-47. Terms as used in this chapter mean:

            (1)    "Actuarial accrued liability," the present value of all benefits less the present value of future normal cost contributions;

            (2)    Repealed by SL 2018, ch 33, § 1.

            (3)    "Actuarial experience analysis," a periodic report which that reviews basic experience data and furnishes actuarial analysis which that substantiates the assumptions adopted for the purpose of making an actuarial valuation of the system;

            (4)(3)    "Actuarial valuation," a projection of the present value of all benefits and the current funded status of the system, based upon stated assumptions as to rates of interest, mortality, disability, salary progressions, withdrawal, and retirement as established by a periodic actuarial experience analysis which that takes into account census data of all active members, vested terminated members, and retired members and their beneficiaries under the system;

            (4)    "Actuarial value funded ratio," the actuarial value of assets divided by the actuarial accrued liability;

            (5)    "Actuarial value of assets," equal to the fair value of assets;

            (5A)(6)    "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;

            (6)(7)    "Air rescue firefighters," employees of the Department of the Military who are stationed at Joe Foss Field, Sioux Falls, and who are directly involved in firefighting activities on a daily basis;

            (7)(8)    "Approved actuary," any actuary who is a member of the American Academy of Actuaries or an Associate or a Fellow of the Society of Actuaries who meets the qualification standards of the American Academy of Actuaries to issue actuarial opinions regarding the system or any firm retaining such an actuary on its staff and who is appointed by the board to perform actuarial services;

            (8)(9)    "Assumed rate of return," the actuarial assumption adopted by the board pursuant to § 3-12-121 as the annual assumed percentage return on trust fund assets, compounded;

            (9)(10)    "Beneficiary," the person designated by a member of the system to receive any payments after the death of such member;

            (10)(11)    "Benefits," the amounts paid to a member, spouse, spouse and family, child, or

beneficiary as a result of the provisions of this chapter;

            (11)(12)    "Board," the Board of Trustees of the South Dakota Retirement System;

            (12)(13)    "Calendar quarter," a period of three calendar months ending March thirty-first, June thirtieth, September thirtieth, or December thirty-first of any year;

            (13)(14)    "Campus security officers," employees of the Board of Regents whose positions are subject to the minimal educational training standards established by the law enforcement standards commission pursuant to chapter 23-3 and who satisfactorily complete the training required by chapter 23-3 within one year of employment and whose primary duty as sworn law enforcement officers is to preserve the safety of the students, faculty, staff, visitors and the property of the University of South Dakota and South Dakota State University. The employer shall file with the system evidence of the appointment as a sworn law enforcement officer at the time of employment and shall file evidence of satisfactory completion of the training program pursuant to chapter 23-3 within one year of employment;

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

            (a)    For purposes of benefits pursuant to this chapter, an unmarried dependent child of the member, who has not passed the child's nineteenth birthday and each unmarried dependent child, who is totally and permanently disabled, either physically or mentally, regardless of the child's age, if the disability occurred before age nineteen. It includes a stepchild or a foster child who depends on the member for support and lives in the household of the member in a regular parent-child relationship. It also includes any child of the member conceived during the member's lifetime and born after the member's death; or

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

            (15)    "Certified school employee," any employee of a participating unit who is required to have a certificate as defined in subdivision 13-42-1(3);

            (16)    "Class A credited service," service credited as a Class A member of the system;

            (16)(17)    "Class A member," any member other than a Class B member or a Class C member and is either a foundation member or a generational member;

            (17)(18)    "Class B credited service," service credited as a Class B member of the system;

            (18)(19)    "Class B member," a member who is a justice, judge, state law enforcement officer, magistrate judge, police officer, firefighter, county sheriff, deputy county sheriff, 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;

            (19)(20)    "Class C credited service," service credited as a Class C member of the system;

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

            (21)(22)    "Classified employees employee," employees an employee of a public school districts who are district who is not required by law to be a certified as teachers,

employees of the colleges and universities school employee, an employee of any college or university under the control of the board of regents who are Board of Regents who is not a faculty member or administrators and come an administrator and comes within the provisions of chapter 3-6D, employees of public corporations, employees of an employee of a public corporation, an employee of a chartered governmental units unit, and all any other participating employees employee not elsewhere provided for in this chapter;

            (22)(23)    "Comparable level position," a member's position of employment that is generally equivalent to the member's prior position of employment in terms of required education, required experience, required training, required work history, geographic location, and compensation and benefits;

            (23)(24)    "Conservation officers," employees of the Department of Game, Fish and Parks and the Division of Wildlife or Division of Custer State Park who are employed pursuant to § 41-2-11 and whose positions are subject to the requirements as to education and training provided in chapter 23-3;

            (24)(25)    "Consumer price index," the consumer price index for urban wage earners and clerical workers calculated by the United States Bureau of Labor Statistics;

            (25)(26)    "Contributory service," service to a participating unit during which contributions were made to a South Dakota Retirement System retirement system, which may not include years of credited service as granted in § 3-12-84 or 3-12-84.2;

            (25A)(27)    "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;

            (26)(28)    "Court services officers," persons appointed pursuant to § 26-7A-8;

            (27)(29)    "Covered employment," a member's employment as a permanent full-time employee by a participating unit;

            (28)(30)    "Deputy county sheriff," an employee of a county that is a participating unit, appointed by the board of county commissioners pursuant to §§ 7-12-9 and 7-12-10, who is a permanent full-time employee and whose position is subject to the minimum educational and training standards established by the law enforcement standards commission pursuant to chapter 23-3. The term does not include jailers or clerks appointed pursuant to §§ 7-12-9 and 7-12-10 unless the participating unit has requested that the jailer be considered as a deputy county sheriff and the Board of Trustees board has approved the request;

            (29)    "Disability" or "disabled," any medically determinable physical or mental impairment that prevents a member from performing the member's usual duties for the member's employer, even with accommodations, or performing the duties of a comparable level position for the member's employer. The term excludes any condition resulting from willful, self-inflicted injury;

            (30)(31)    "Effective date of retirement," the first day of the month in which retirement benefits are payable;

            (31)(32)    "Eligible retirement plan," the term eligible retirement plan includes those plans described in section 402(c)(8)(B) of the Internal Revenue Code;

            (32)(33)    "Eligible rollover distribution," any distribution to a member of accumulated contributions pursuant to § 3-12-76. The term does not include any portion of a distribution that represents contributions made to the system on an after tax basis nor distributions paid as a result of the member reaching the required beginning date;

            (33)(34)    "Employer," the State of South Dakota and any department, bureau, board, or commission of the State of South Dakota, or any of its governmental or political subdivisions or any public corporation of the State of South Dakota which that elects to become a participating unit;

            (34)(35)    "Employer contributions," amounts contributed by the employer of a contributing member, excluding member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71;

            (35)(36)    "Equivalent public service," any public service other than as a justice, a judge, or a magistrate judge and comparable to Class B service as defined by this section, if the service is in the employ of a public entity that is not a participating unit;

            (36)(37)    "Fair value of assets," the total assets of the system at fair market value for securities traded on exchanges; for securities not traded on exchanges, a value based on similar securities; and for alternative investments, reported net asset value;

            (37)(38)    "Fair value funded ratio," the fair value of assets divided by the actuarial accrued liability;

            (38)(39)    "Fiduciary," any person who exercises any discretionary authority or control over the management of the system or the management or disposition of its assets, renders investment advice for a fee or other compensation, direct or indirect, or has any authority or responsibility to do so, or has any discretionary authority or responsibility in the administration of the system;

            (39)(40)    "Foundation member," any member of the system whose contributory service began before July 1, 2017;

            (40)(41)    "Foundation retiree," any foundation member who has retired with a benefit payable from the system;

            (41)(42)    "Firefighter," any full-time firefighter who works at least twenty hours a week and at least six months a year. The term does not include any volunteer firefighter;

            (42)    "Full-time student," a person who is in full-time attendance as a student at an educational institution, as determined by the board in light of the standards and practices of the institution involved, except that no individual may be considered a full-time student, if the student is paid by the student's employer while attending an educational institution at the request of, or pursuant to a requirement of, the employer;

            (43)    "Fund," public employees' retirement fund or funds established for the purposes of administration of this chapter;

            (44)    "Funded ratio," the actuarial value of assets divided by the actuarial accrued liability;

            (45)    "General employees employee," any full-time municipal employees who are not firefighters or police officers employee who is not a firefighter or a police officer;

            (46)(45)    "Generational member," any member of the system whose contributory service began after June 30, 2017;

            (47)(46)    "Generational retiree," any generational member who has retired with a benefit payable from the system;

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

            (49)    "Highest annual compensation," a member's compensation used to calculate benefits under §§ 3-12-95, 3-12-99 and 3-12-105 before July 1, 2004, which was the highest annual compensation earned by the member during any one of the last three years of contributory service and which was not more than one hundred fifteen percent of the member's final compensation calculated as of the date of the member's death or disability;

            (50)(48)    "Internal Revenue Code," or "code," the Internal Revenue Code as in effect as of January 1, 2018 2019;

            (50A)(49)    "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;

            (51)(50)    "Law enforcement officer," an any agent of the state division of criminal investigation, an officer of the South Dakota Highway Patrol, a police officer, county sheriff, deputy county sheriff, or a firefighter;

            (52)(51)    "Member," any person who is participating in and contributing or has made contributions to the system and is either a foundation member or generational member. A person's membership ceases when the person withdraws his or her accumulated contributions after termination of employment;

            (53)(52)    "Member contributions," amounts contributed by members, including member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71;

            (54)(53)    "Military service," a period of active duty with the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, or the United States Coast Guard, from which duty the member received an honorable discharge or an honorable release;

            (55)(54)    "Municipality," any incorporated municipal government under chapter 9-3 or any chartered governmental unit under the provisions of Article IX of the Constitution of the State of South Dakota;

            (56)(55)    "Noncontributory service," for foundation members, service delineated in subdivisions 3-12-89.3 (2), (5), (7), and (8), and for generational members, service pursuant to § 3-12-86;

            (57)(56)    "Normal cost," the expected long-term cost of the system benefits and expenses expressed as a percentage of payroll;

            (58)(57)    "Normal retirement," the termination of employment and application for benefits by a member with three or more years of contributory service or noncontributory service on or after the member's normal retirement age;

            (59)(58)    "Other public benefits," eighty percent of the primary insurance amount or primary

social security benefits that would be provided under federal social security;

            (60)(59)    "Other public service," service for the government of the United States, including military service; service for the government of any state or political subdivision thereof; service for any agency or instrumentality of any of the foregoing; or service as an employee of an association of government entities described in this subdivision;

            (61)(60)    "Park rangers," employees of the Department of Game, Fish and Parks within the Division of Parks and Recreation and whose positions are subject to the requirements as to education and training provided in chapter 23-3 and whose primary duty is law enforcement in the state park system;

            (62)(61)    "Parole agent," an employee of the Department of Corrections employed pursuant to § 24-15-14 who is actually involved in direct supervision of parolees on a daily basis;

            (63)(62)    "Participating unit," the State of South Dakota and any department, bureau, board, or commission of the State of South Dakota, and any of its political subdivisions or any public corporation of the State of South Dakota which that has employees who are members of the retirement system created in this chapter;

            (64)    Repealed by SL 2018, ch 32, § 4.

            (65)(63)    "Permanent full-time employee," any employee who has been placed in a permanent classification who is customarily employed by a participating unit for twenty hours or more a week and at least six months a year. The participating unit shall decide if an employee is a permanent full-time employee and that decision is conclusive;

            (66)(64)    "Plan year," a period extending from July first of one calendar year through June thirtieth of the following calendar year;

            (67)(65)    "Police officer," any employee in the police department of any participating municipality holding the rank of patrol officer, including probationary patrol officer, or higher rank and whose position is subject to the minimum educational and training standards established by the law enforcement officers standards commission pursuant to chapter 23-3. The term does not include civilian employees of a police department nor any person employed by a municipality whose services as a police officer require less than twenty hours a week and six months a year. If a municipality which is a participating unit operates a city jail, the participating unit may request that any jailer appointed pursuant to § 9-29-25 be considered a police officer, subject to the approval of the board;

            (68)(66)    "Political subdivision" includes any municipality, school district, county, chartered governmental unit, public corporation or entity, and special district created for any governmental function;

            (69)(67)    "Present value of all benefits," the present value of all benefits expected to be paid to all retired, terminated, and active members and beneficiaries, based on past and future credited service and future compensation increases.;

            (70)(68)    "Present value of benefits earned to date," the present value of the benefits currently being paid to retired members and their beneficiaries and the present value of benefits payable at retirement to active members, based on their earnings and credited service to date of the actuarial valuation;

            (71)(69)    "Projected compensation," a deceased or disabled member's final average compensation multiplied by the COLA commencing each July first for each complete twelve-month period elapsed between the date of the member's death or disability, whichever occurred earlier, and the date the member would attain normal retirement age;

            (72)(70)    "Projected service," the credited service plus the service which that the member would have been credited with at normal retirement age had the member continued in the system and received credit at the same rate the member was credited during the year covered by the compensation that was used in the calculation of the disability or family benefit;

            (73)(71)    "Qualified military service," service in the uniformed services as defined in § 414(u)(5) of the Internal Revenue Code;

            (74)(72)    "Required beginning date," the later of April first of the calendar year following the calendar year in which the member attains age seventy and one-half or April first of the calendar year following the calendar year in which the member retires;

            (75)(73)    "Retiree," any foundation or generational member who retires with a lifetime benefit payable from the system;

            (76)(74)    "Retirement," the severance of a member from the employ of a participating unit with a retirement benefit payable from the system;

            (77)(75)    "Retirement benefit," the monthly amount payable upon the retirement of a member;

            (78)(76)    "Single premium," the lump-sum amount paid by a supplemental pension participant pursuant to a supplemental pension contract in consideration for a supplemental pension benefit;

            (79)(77)    "Social investment," investment, divestment, or prohibition of investment of the assets of the system for purposes other than maximum risk-adjusted investment return, which other purposes include ideological purposes, environmental purposes, political purposes, religious purposes, or purposes of local or regional economic development;

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

            (81)(78)    "State employees," employees of the departments, bureaus, commissions, and boards of the State of South Dakota;

            (82)(79)    "Supplemental pension benefit," any single-premium immediate pension benefit payable pursuant to §§ 3-12-192 and 3-12-193;

            (83)(80)    "Supplemental pension contract," any agreement between a participant and the system upon which a supplemental pension is based, including the amount of the single premium, the type of pension benefit, and the monthly supplemental pension payment amount;

            (84)(81)    "Supplemental pension contract record," the record for each supplemental pension participant reflecting relevant participant data; a designation of any beneficiary, if any; the amount of the participant's funds rolled into the fund; the provisions of the

participant's supplemental pension contract; and supplemental pension payments made pursuant to the contract;

            (85)(82)    "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;

            (86)(83)    "Supplemental pension spouse," any person who was married to a supplemental pension participant at the time the participant entered into the supplemental pension contract;

            (87)(84)    "System," the South Dakota Retirement System created in this chapter;

            (88)(85)    "Tax-qualifying purchase unit," any participating unit which that elects to allow the unit's employees to purchase credited service on a tax-deferred basis by means of employer contribution agreements as outlined in §§ 3-12-83.1 and 3-12-83.2;

            (89)    "Teacher," any person who has a valid teacher's certificate issued by the State of South Dakota, who is in the employ of a public school district, and shall also include the certified teachers employed by the Human Services Center, South Dakota Developmental Center--Redfield, State Penitentiary, Department of Education, State Training School, School for the Deaf, School for the Blind and the Visually Impaired, Children's Care Hospital and School, public nonprofit special education facilities, community support providers certified by the Department of Human Services and public financed multi-district education programs;

            (90)    "Terminated," complete severance of employment from public service of any member by resignation or discharge, not including leave of absence, layoff, vacation leave, sick leave, or jury duty, and involving all termination proceedings routinely followed by the member's participating unit, including payment to the member for unused vacation leave, payment to the member for unused sick leave, payment to the member for severance of an employment contract, severance of employer-provided health insurance coverage, severance of employer-provided life insurance coverage, or severance of any other such employer-provided perquisite of employment granted by the member's participating unit to an active employee;

            (91)(86)    "Trustee," a member of the board of trustees;

            (92)(87)    "Unfunded actuarial accrued liability," the actuarial accrued liability less the actuarial value of assets;

            (93)    "Vested," the right to a retirement benefit from the system based on the provisions of this chapter after three years of contributory service or noncontributory service, even if the member leaves the employment of a participating unit, provided that the member does not withdraw accumulated contributions. A member who leaves the employment of a participating unit is not entitled to benefits under §§ 3-12-95, 3-12-98, 3-12-99, 3-12-104, and 3-12-105.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    For purposes of administering benefits pursuant to this chapter, the term, child, means an unmarried dependent child of the member, who has not passed the child's nineteenth birthday and each unmarried dependent child, who is totally and permanently disabled, either physically or mentally, regardless of the child's age, if the disability occurred before age nineteen. It includes a stepchild or a foster child who depends on the member for support and lives in the household of the

member in a regular parent-child relationship. It also includes any child of the member conceived during the member's lifetime and born after the member's death.

    For purposes of making beneficiary-type payments pursuant to this chapter, the term, child, means a person entitled to take as a child via intestate succession pursuant to the provisions of title 29A.

    Section 4. That § 3-12-47.10 be amended to read:

    3-12-47.10. The term, COLA or cost of living adjustment, means the annual increase in the amount of the benefit provided on July first, compounded annually. However, no annual increase may be provided unless the member has received benefit payments for at least the consecutive, twelve-month period before July first. The COLA payable is the baseline COLA or the restricted COLA, as applicable. The baseline COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than three and one-half percent. The restricted COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than the restricted COLA maximum as determined in subdivision (2) of this section. The board shall establish the COLA payable for each fiscal year, based on the fair value funded ratio and actuarially determined contribution rate of the system as of the prior July first and the increase in the consumer price index for the preceding third calendar quarter compared to the consumer price index for the third calendar quarter for the base year (the previous year in which the consumer price index was the highest), by utilizing one of the following subdivisions, as applicable:

            (1)    If the system meets the criteria in subdivisions 3-12-122(1) and (2) based on the baseline COLA assumption adopted by the board, the COLA payable is the baseline COLA; or

            (2)    If the system does not meet the criteria in subdivisions 3-12-122(1) and (2) based on the baseline COLA assumption adopted by the board, the system shall calculate a restricted COLA maximum in accordance with the board's funding policy that is equal to the actuarially determined annual COLA rate that results in the criteria in subdivisions 3-12-122(1) and (2) being satisfied, if achievable. The COLA payable is the restricted COLA. If the criteria in subdivisions 3-12-122(1) and (2) cannot be satisfied with a COLA equal to or exceeding one-half percent, the COLA payable is one-half percent.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    The term, disability or disabled, means any medically determinable physical or mental impairment that prevents a member from performing the member's usual duties for the member's employer, even with accommodations, or performing the duties of a comparable level position for the member's employer. The term excludes any condition resulting from a willful, self-inflicted injury.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    The term, spouse, means a person who was married to the member at the time of the death of the member and whose marriage was both before the member's retirement and more than twelve months before the death of the member.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    The term, terminated, means complete severance of employment from public service of any member by resignation or discharge, not including leave of absence, layoff, vacation leave, sick leave, or jury duty, and involving all termination proceedings routinely followed by the member's participating unit, including payment to the member for unused vacation leave, payment to the member for unused sick leave, payment to the member for severance of an employment contract, severance of employer-provided health insurance coverage, severance of employer-provided life

insurance coverage, or severance of any other such employer-provided perquisite of employment granted by the member's participating unit to an active employee.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    The term, vested, means the right to a retirement benefit from the system based on the provisions of this chapter after three years of contributory service or noncontributory service, even if the member leaves the employment of a participating unit, if the member does not withdraw accumulated contributions.

    Section 9. That § 3-12-50 be amended to read:

    3-12-50. Each trustee within ten days after his appointment or election being appointed or elected shall take and file in the Office of the Secretary of State the oath required by § 3-1-5.

    Section 10. That § 3-12-59 be amended to read:

    3-12-59. The Board of Trustees board shall keep complete records of their its proceedings which shall be open to public inspection. The board shall prepare a biennial written an annual report setting forth its financial information for the previous fiscal period including the amount of the accumulated cash and securities of the system, and the last actuarial balance sheet results of the most recent actuarial valuation. A copy of such the report shall be furnished to the fiscal officer of any participating unit, the auditor general, and the director of the Legislative Research Council available on the system's website.

    Section 11. That § 3-12-118.1 be repealed.

    Section 12. That § 3-12-56 be amended to read:

    3-12-56. Applications for membership for new or additional benefits, credited service, or benefit payments which may be granted by the board or any benefit shall be made to the executive director on forms approved by the board system.

    Section 13. That § 3-12-72.2 be amended to read:

    3-12-72.2. If the system is terminated, or if contributions to the system are discontinued, the rights of all members to benefits which that have accrued as of the date of termination or discontinuation of contributions shall vest. A member's recourse against the fund shall be limited by the extent to which his the member's benefits are funded.

    Section 14. That § 3-12-120 be amended to read:

    3-12-120. To determine and verify the adequacy of the member and employer contributions to the system, an actuarial valuation of the system shall be made annually by an approved actuary.

    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 actuarial value funded ratio and fair value funded ratio as well as the ratios from the prior actuarial valuations performed after July 1, 1974.

    Section 15. That § 3-12-68 be amended to read:

    3-12-68. In the event If a participating unit and a nonparticipating South Dakota political subdivision or public corporation enter into an agreement agree to provide certain public services on a joint basis, they may agree to consider persons employed pursuant to such the agreement as if they were solely employees of the participating unit for the exclusive purposes of the system created in this chapter. The total compensation paid a person because of such the employment shall be considered compensation paid him by the participating unit and services rendered by such the person because of such the employment shall be considered service rendered by him the employee to the participating unit.

    Section 16. That § 3-12-86.1 be amended to read:

    3-12-86.1. If a member on leave of absence performing initial qualified military service dies, the member shall be considered to have returned from the leave of absence on the day before the member's death and become a contributing member for purposes of survivor benefits pursuant to § 3-12-95.5, if the member has at least one year of credited service prior to before the member's death, including the initial period of qualified military service. If the member was contributing for additional survivor protection benefits pursuant to § 3-12-104 immediately before the leave of absence, the member shall be considered to have resumed the contributions on the day before the member's death.

    If a member on leave of absence performing initial qualified military service becomes disabled pursuant to the disability criteria set out in this chapter 3-12, the member shall be considered to have returned from the leave of absence on the day before the member's discharge date and become a contributing member for purposes of eligibility for disability benefits pursuant to § 3-12-201, if the member has at least three years of credited service including the period of initial qualified military service. The provisions of § 3-12-201 notwithstanding, the member need not have been deemed to be a contributing member on the date of the member's disabling event.

    Section 17. That § 3-12-80 be repealed.

    Section 18. That § 3-12-84.1 be amended to read:

    3-12-84.1. A contributing member may acquire credited service by utilizing a trustee to trustee transfer of funds, excluding any after tax employee contributions, from a member's individual retirement plan that meets the requirements of sections 403(b) or 457 of the Internal Revenue Code to pay the cost of purchase pursuant to § 3-12-83, 3-12-84, or 3-12-84.2 or the amount of a redeposit pursuant to § 3-12-80.

    Section 19. That § 3-12-89.2 be amended to read:

    3-12-89.2. For any foundation member, the term, accumulated contributions, means the sum of:

            (1)    All contributions made by the member, including member contributions made by an employer after June 30, 1984, pursuant to § 3-12-71;

            (2)    For a member whose contributory service concluded after June 30, 2010, eighty-five percent of the employer contributions or noncontributory service if the member had three years or more of contributory service and fifty percent of the employer contributions if the member had less than three years of service; or for a member whose contributory service concluded before July 1, 2010, one hundred percent of the employer contributions or noncontributory service if the member had three years or more of contributory service and seventy-five percent of the employer contributions if the member had less than three years of service;

            (3)    Member redeposits pursuant to § 3-12-80 and member credited service purchases pursuant to §§ 3-12-83, 3-12-84, and 3-12-84.2; and

            (4)    The effective rate of interest earned on the sum of subdivisions (1), (2), and (3).

    Section 20. That § 3-12-77.1 be amended to read:

    3-12-77.1. If any payment from the system remains uncollected for a period of three years following the date upon which a warrant for the payment was issued, the payment shall revert to the system and all rights to such the payment shall terminate, if the system has made reasonable efforts to notify the person entitled to the payment of his the person's right to the payment and the effect of this section.

    Section 21. That § 3-12-77.4 be amended to read:

    3-12-77.4. No member or former member of the system who has withdrawn contributions from the system prior to before July 1, 1998, may receive any additional refund under the provisions of §§ 3-12-47 to 3-12-152 pursuant to this chapter.

    Section 22. That the code be amended by adding a NEW SECTION to read:

    A member who leaves the employment of a participating unit is not entitled to disability benefits and the member's surviving spouse and minor children are not entitled to any benefits pursuant to this chapter.

    Section 23. That the code be amended by adding a NEW SECTION to read:

    The COLA payable is the baseline COLA or the restricted COLA, as applicable. The baseline COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than three and one-half percent. The restricted COLA is equal to the increase in the consumer price index, but no less than one-half percent and no greater than the restricted COLA maximum as determined in subdivision (2) of this section. The board shall establish the COLA payable for each fiscal year, based on the fair value funded ratio and actuarially determined contribution rate of the system as of the prior July first and the increase in the consumer price index for the preceding third calendar quarter compared to the consumer price index for the third calendar quarter for the base year (the previous year in which the consumer price index was the highest), by utilizing one of the following subdivisions, as applicable:

            (1)    If the system meets the criteria in subdivisions 3-12-122(1) and (2) based on the baseline COLA assumption adopted by the board, the COLA payable is the baseline COLA; or

            (2)    If the system does not meet the criteria in subdivisions 3-12-122(1) and (2) based on the baseline COLA assumption adopted by the board, the system shall calculate a restricted COLA maximum in accordance with the board's funding policy that is equal to the actuarially determined annual COLA rate that results in the criteria in subdivisions 3-12-122(1) and (2) being satisfied, if achievable. The COLA payable is the restricted COLA. If the criteria in subdivisions 3-12-122(1) and (2) cannot be satisfied with a COLA equal to or exceeding one-half percent, the COLA payable is one-half percent.

    Section 24. That § 3-12-108 be amended to read:

    3-12-108. The Board of Trustees board may provide under its rules for a modified monthly benefit to a member or beneficiary in lieu of the monthly benefit payable under any provision of this chapter if the benefit is not greater than the actuarial equivalent of the benefit due the member or beneficiary under this chapter. Any such request must be made in writing on the form prescribed by and filed with the board before the date of the first payment of the unmodified benefit. An election of a modified form of payment is effective only after the date of acceptance by the board and may not be modified or revoked after that date without the consent of the board.


    Section 25. That the code be amended by adding a NEW SECTION to read:

    To calculate benefits pursuant to §§ 3-12-95, 3-12-99, and 3-12-105 before July 1, 2004, the system shall use the member's highest annual compensation earned by the member during any one of the last three years of contributory service, so long as it is not more than one hundred fifteen percent of the member's final compensation calculated as of the date of the member's death or disability.

    Section 26. That § 3-12-95.5 be amended to read:

    3-12-95.5. If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a contributing foundation member who had acquired at least three years of contributory service or noncontributory service or died while performing usual duties for the employer and who died after June 30, 2015, shall is, upon attaining the age of sixty-five, eligible to receive a surviving spouse benefit calculated as follows, whichever is applicable:

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

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

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

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

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

    Section 27. That the code be amended by adding a NEW SECTION to read:

    The provisions of §§ 3-12-201 to 3-12-216, inclusive, apply to any member whose application for disability benefits is received by the system after June 30, 2015.

    Section 28. That § 3-12-201 be amended to read:

    3-12-201. A contributing member who becomes disabled and who has acquired at least three years of contributory service or noncontributory service since the member's most recent entry into active status and before becoming disabled, or was disabled by accidental means while performing usual duties for an employer, is eligible for disability benefits if the disability is expected to be of long, continued, and indefinite duration of at least one year and the member is disabled on the date the member's contributory service ends. For purposes of this section, a transfer within a participating unit, or a change in employment from one participating unit to another participating unit if there is no break in contributory service, does not constitute a new entry into active status. The provisions of this section apply to any member whose application for disability benefits is received by the system after June 30, 2015.

    Section 29. That § 3-12-208 be amended to read:

    3-12-208. No member may receive credited service for the period during which the member receives disability benefits pursuant to § 3-12-207.


    Section 30. That § 3-12-209 be amended to read:

    3-12-209. If a member receiving disability benefits pursuant to § 3-12-207 becomes employed by a participating unit, the member and employer shall make active contributions pursuant to § 3-12-71 during the period of the employment. The contributions required of the member pursuant to § 3-12-71 shall be deposited by the member's employer with the system for the benefit of the member to be transferred to an account within the deferred compensation program established pursuant to chapter 3-13. The contributions shall be governed by § 457 of the Internal Revenue Code. Notwithstanding the provisions of § 3-12-71, the contributions required of the member's employer pursuant to § 3-12-71 shall be deposited into the member trust fund created by this chapter 3-12, but without any association with or credit to the member.

    Section 31. That § 3-12-210 be amended to read:

    3-12-210. A member's disability benefits pursuant to § 3-12-207 terminate if the member is no longer disabled, as certified by a health care provider. Upon receipt of certification the executive director shall determine whether the member meets the qualifications for disability benefits. In making this determination the executive director shall follow the same procedure used in making the initial determination of disability provided in § 3-12-205. A member's disability benefits shall be suspended and subject to termination if the member refuses to undergo an examination or assessment requested by the disability advisory committee or the executive director. If the executive director finds that the member no longer meets the qualifications for disability benefits, the executive director shall notify the member of this finding by certified mail and the payment of disability benefits shall terminate thirty days after receipt of the notice. The finding by the executive director is subject to appeal and review as a contested case.

    Section 32. That § 3-12-211 be amended to read:

    3-12-211. If a member's disability benefits pursuant to § 3-12-207 have terminated and the member returns to covered employment, the member and employer shall make contributions pursuant to § 3-12-71.

    Section 33. That § 3-12-212 be amended to read:

    3-12-212. Upon retirement, a member who received disability benefits pursuant to § 3-12-207 and whose benefits were terminated and who returned to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits and after receiving disability benefits. The final average compensation used in the calculation of the retirement benefit is the greater of:

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

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

    Section 34. That § 3-12-213 be amended to read:

    3-12-213. Upon retirement, a member who received disability benefits pursuant to § 3-12-207 and whose benefits were terminated and who did not return to covered employment shall receive a retirement benefit based on the member's credited service before receiving disability benefits. The final average compensation used in the calculation of the retirement benefit shall be the final average compensation at the date of disability, increased by the COLA from the date of the termination of disability benefits to the date of retirement.

    Section 35. That § 3-12-214 be amended to read:


    3-12-214. Upon the death of a member receiving disability benefits pursuant to § 3-12-207, who dies prior to normal retirement age, a family benefit shall be paid on behalf of any eligible child of the member. The monthly amount of the family benefit is the amount of the monthly disability benefits the member received before death. The monthly family benefit shall be equally apportioned among any eligible children of the member and shall be paid on behalf of any child to the conservator or custodian of the child, as applicable. However, if the child is eighteen years of age the benefit is payable directly to the child. As a child becomes ineligible, the family benefit shall be reallocated among any remaining eligible children of the deceased member. The family benefit terminates if there are no eligible children of the deceased member.

    Section 36. That § 3-12-215 be amended to read:

    3-12-215. If no family benefit is being paid pursuant to § 3-12-214, a surviving spouse of a foundation or generational member who received disability benefits pursuant to § 3-12-207 shall, upon attaining the age of sixty-five or sixty-seven, respectively, receive a monthly benefit, payable for the life of the surviving spouse, equal to one of the following calculations, whichever is applicable:

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

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

    Section 37. That § 3-12-216 be amended to read:

    3-12-216. If a member dies after normal retirement age while receiving disability benefits pursuant to § 3-12-207, and no other benefits are being paid on behalf of the member, the member's surviving spouse shall receive a surviving spouse benefit, payable in monthly installments, equal to sixty percent of the monthly disability benefit that the member received prior to before death.

    Section 38. That § 3-12-516 be amended to read:

    3-12-516. If no family benefit is being paid pursuant to § 3-12-95.4, a surviving spouse of a contributing generational member who had acquired at least three years of contributory service or noncontributory service or died while performing usual duties for the employer or died while receiving a disability benefit, shall is, upon attaining the age sixty-seven, eligible to receive a surviving spouse benefit as follows:

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

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

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

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

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

spouse.

    Section 39. That § 3-12-93 be amended to read:

    3-12-93. Any justice of the Supreme Court or judge of the circuit court of this state who is automatically retired pursuant to the provisions of § 16-1-4.1 or 16-6-31, or who, having reached age seventy, retired prior to before January 7, 1975, and who has not fully qualified for retirement benefits as provided by this chapter shall nevertheless receive retirement benefits in the proportion that his or her total time served bears to fifteen years, or if he the justice or judge has served in excess of fifteen years then receive full benefits.

    Section 40. That § 3-12-113 be amended to read:

    3-12-113. In the event of the death of a member who is receiving benefits under this chapter, or on whose account a benefit is payable or children are no longer qualified, the benefit payable to or on account of that person shall be terminated on the last day of the month in which an event occurs which effects a termination. Monthly benefits paid to a member cease on the last day of the month in which the member died. Monthly benefits paid to a surviving spouse cease on the last day of the month in which the surviving spouse died. Monthly benefits paid to a child cease on the last day of the month in which the child died or the last day of the month in which the child became ineligible, whichever occurs first.

    Section 41. That § 3-12-200 be amended to read:

    3-12-200. If, after March 31, 2010, a retired member reenters covered employment at some time after the three consecutive calendar months that start with the member's effective date of retirement, the member's retirement benefits and continued membership shall be administered pursuant to this section.

    If the retired member's benefits have not been reduced pursuant to § 3-12-106, the member's monthly retirement benefit shall be reduced by fifteen percent and the annual increase shall be eliminated throughout the period that the member reenters covered employment in accord with § 3-12-88. The reduction and elimination shall cease if the member again terminates covered employment. However, the reduction and elimination do not apply if the member retired as a Class B member other than a justice, judge, or magistrate judge and subsequently reenters covered employment as a Class A member.

    If the retired member's benefits have been reduced pursuant to § 3-12-106, the member's benefits shall be suspended during the period that the member reenters covered employment and the annual increase shall be eliminated during the period that the member reenters covered employment pursuant to § 3-12-111.1. The suspension and elimination shall cease if the member again terminates covered employment.

    Whether the member's retirement benefits are unreduced or reduced, contributions required of the member pursuant to § 3-12-71 shall be deposited by the member's participating unit with the system for the benefit of the member to be transferred to an account within the deferred compensation program established pursuant to chapter 3-13. The contributions shall be governed by § 457 of the Internal Revenue Code. However, the contributions required of the member's employer unit pursuant to § 3-12-71 shall be deposited into the fund created by this chapter, but with no association or credit to the member. The member may not earn any additional benefits associated with the period that the member reenters covered employment.

    Section 42. That § 3-12-518 be repealed.

    Section 43. That § 3-12-69 be amended to read:


    3-12-69. Employees of an eligible political subdivision or public corporation not participating in the systems consolidated into the system created by this chapter, may become a participating unit in the system if the unit commits to deposit an amount equal to the present value of the benefits earned to date, based on the employee's prior service to the unit to be covered by the system. The expense of the actuarial determination of this amount shall be borne by the applicant. All eligible employees of an applicant shall participate in the system upon admission. If the unit is unable to deposit this amount in a single sum, the unit shall have the option to pay the amount by periodic level installments over a period up to twenty years, the value of which, when discounted for compound interest at the assumed rate of return, is equal to the amount due at the date of participation.

    Section 44. The provisions of Articles 20:16 and 62:01 of the Administrative Rules of South Dakota promulgated pursuant to chapter 3-12 in effect as of January 1, 2019, shall continue with full force and effect until those rules are amended by the board.

    Section 45.  Pursuant to § 2-16-9, the Code Counsel shall transfer sections 2 to 43, inclusive, of this Act, to a NEW CHAPTER 3-12C. Pursuant to § 2-16-9, the Code Commission and Code Counsel are requested to correct and integrate all cross-references from chapter 3-12 that have been transferred to a NEW CHAPTER 3-12C pursuant to this Act.

     Signed February 19, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\023.wpd
CHAPTER 23

(HB 1011)

Provisions updated
relating to the South Dakota Retirement System.


        ENTITLED, An Act to revise certain provisions relating to the South Dakota Retirement System.

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

    Section 1. That subdivision (50A) of § 3-12-47 be amended 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 or a person who is charged with the care, custody, and control of juveniles at a juvenile corrections facility under the control of a participating unit;

    Section 2. That § 3-12-64 be amended to read:

    3-12-64. A full-time elective officer if he is newly-elected official, who is a permanent full-time employee of a participating unit and not a contributing member of the system at the date the participating unit enters the system or on July 1, 1974, and is not otherwise excluded, may elect to become a member, provided, however, his. However, the official shall make the election when the official is first eligible to participate in the system, and the official's election is irrevocable for as long as the official is an elected official. If the official is a current contributing member or has previously contributed to the system, the elected official shall participate in the system. If an elected official has elected not to participate in the system, the official is not eligible to make a new election. The official's credited service shall be is limited to service for which contributions were are made.

    Section 3. That § 3-12-63 be amended to read:



    3-12-63. Membership in the system shall exclude the following:

            (1)    All elective officers officials except justices and judges, unless such person elects the official is currently contributing or has previously contributed to the system or the official has elected and is otherwise qualified to become a member of the system;

            (2)    All personnel in the Department of Labor and Regulation who were employed before July 1, 1980, and who elect to remain participants in the retirement system provided by chapter 61-2;

            (3)    The governing body of any participating county, municipality, or other political subdivision; and

            (4)    All personnel employed by the municipality of Sioux Falls before July 1, 2013. However, any person employed before July 1, 2013, who separates from service with the municipality of Sioux Falls and is subsequently rehired by the municipality of Sioux Falls and begins working after June 30, 2013, as a permanent full-time employee shall be a member of the system.

    Section 4. That § 3-12-76 be amended to read:

    3-12-76. A member who terminates public service has left covered employment may withdraw the sum of the member's accumulated contributions upon notarized application to the system. 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 if the member returns to covered employment with a participating unit.

    Section 5. That § 3-12-85 be amended to read:

    3-12-85. A member taking a leave of absence authorized by his the member's employer may receive credited service during such the leave if employee and employer contributions are made to the system during such the leave by or on behalf of the employee. Such The contributions shall be at the rates in effect during such the leave and shall be based on the member's rate of compensation immediately prior to such the leave. Such If a member's rate of compensation causes the member's compensation for the calendar year to exceed the maximum taxable amount for social security, the contributions shall include the additional contribution pursuant to § 3-12-91.1. The contributions shall be transmitted to the system at least monthly. For purposes of calculation of benefits, the member shall be considered to have received compensation during the period of such the leave at the rate used to calculate the contributions made during such the leave. If contributions are not made during such the leave, the member may receive credited service for such the leave by making contributions, or having contributions made on his the member's behalf, contributions as provided in § 3-12-83.

    Section 6. That § 3-12-53 be amended to read:

    3-12-53. If an employee any trustee ceases to be a member, or any nonemployee elected trustee no longer serves in the capacity that qualified the trustee for membership on the Board of Trustees board, the trustee is considered to have resigned from the board, and the board shall select a replacement trustee to serve for the remainder of the term on June thirtieth of the following calendar year. The vacancy created by the resignation shall be filled through the annual election process. However, if the vacancy is not filled through the annual election process, the board shall fill the vacancy by appointment. The person elected or appointed shall serve a four-year term regardless of the time remaining in the term of the trustee who ceased serving in the qualifying capacity. The provisions of this section do not apply to any trustee who, on January 1, 2019, is no longer serving

in the capacity that qualified the trustee.

    Section 7. That § 3-12-49 be amended to read:

    3-12-49. Each group of retirement system members who are vested or are currently contributing or employers as set out in § 3-12-48 shall elect their its own trustee or trustees in a separate election. The trustees board shall promulgate rules and regulations, pursuant to chapter 1-26, to carry out the elections. The regular term of office of a trustee shall be is four years with three terms expiring and expires on June thirtieth of each year and two additional terms to expire on June thirtieth every fourth year. The appointees of the Governor shall serve at the pleasure of the Governor. The term of the representative appointee of the Investment Council shall be one year and the representative shall be appointed by serve at the pleasure of the Investment Council. Unless a trustee has resigned, is deemed to have resigned pursuant to § 3-12-53, or has died, the trustee shall continue to serve until the trustee's successor has been designated and has qualified. Except for appointees of the Governor and Investment Council, upon the death or resignation of a trustee, the board shall appoint a successor. The successor trustee shall fill the position immediately and serve until the June thirtieth that is no less than three but no more than four years after taking office.

    Section 8. 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 pretax 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. 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 9. 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 to newly-employed members hired after a specified future date, any state employees not participating in contributing to 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 contributing to 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 10. That § 3-13A-5 be amended to read:

    3-13A-5. Upon a participant's termination of employment, the participating unit shall transmit the gross amount of the participant's special pay to the fund. However, except to the extent permitted under § 414(v) of the code, if applicable, a contribution allocated to a participant's account under the program may not exceed forty-one thousand dollars, as adjusted for increases in the cost-of-living pursuant to § 415(d) of the code the limitation for defined contribution plans pursuant to § 415(c)(1)(A) of the code, or one hundred percent of the participant's compensation, as identified in § 415(c)(3) of the code for the calendar year. For the purposes of the limitations under this section, all of the defined contribution plans of a participant's employer, whether terminated or current, shall be treated as a single defined contribution plan.

    Section 11. That ARSD 62:01:07:05 be amended to read:

    62:01:07:05...Procedure for filling a vacancy on the board. The executive director shall be notified of a vacancy on the board by the vacating board member, by the member's participating unit's governing body, by the member's employer, or by any other board member. Upon the executive director's receipt of notice, the procedure to fill the vacancy shall be as follows:

    (1)..The executive director shall notify all members of the board of the vacancy;

    (2)..If circumstances permit, the executive director shall ask the incumbent to recommend a replacement to serve in the incumbent's stead;

    (3)..If the vacancy is for a trustee to serve on behalf of an employer represented group, the executive director shall notify the governing body of each participating unit affected by the vacancy of the vacancy and request the governing body's input in seeking a qualified candidate. The executive director shall solicit résumés of qualified persons from governing bodies and interested persons. The résumés shall be submitted to the executive director. If a state-wide association exists that is made up of members of the employer represented group, the executive director shall notify the association

of the vacancy and request the association's input in seeking a qualified candidate. If the vacancy is for a trustee to serve on behalf of an employee represented group, the executive director shall notify all authorized agents for the group affected by the vacancy of the vacancy and request that all employees affected by the vacancy be advised of the vacancy. Any interested member of the represented group may submit his or her résumé to the executive director. If a state-wide association exists that is made up of members of the employee represented group, the executive director shall notify the association of the vacancy and request the association's input in seeking a qualified candidate;

    (4)..The executive director shall provide to each board member a copy of each résumé received; and

    (5)..At its the next regularly-scheduled board meeting following a sufficient period of time to receive resumes, the board, by secret ballot, shall select a replacement trustee from among those persons who submitted résumés; and

    (6)..The replacement trustee shall fill the vacancy on the board immediately and shall serve until the regular term of the vacancy has been completed and the position is filled for a new term through a normal election pursuant to SDCL 3-12-49 and chapter 62:01:05.

    The provisions of this section notwithstanding, no vacant position may be filled unless the vacancy occurs at least eight months prior to when a normal election for a regular term will be completed to fill that trustee position pursuant to SDCL 3-12-49 and chapter 62:01:05.

    Section 12. 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 contributing to 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 contributing to 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 13. That ARSD 62:03:07:02.01 be amended 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 contributing to 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 13, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\024.wpd
CHAPTER 24

(HB 1045)

Campus security officers defined
for the South Dakota Retirement System.


        ENTITLED, An Act to revise the definition of campus security officers for purposes of the South Dakota Retirement System.

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

    Section 1. That subdivision (13) of § 3-12-47 be amended to read:

            (13)    "Campus security officers," employees of the Board of Regents whose positions are subject to the minimal educational training standards established by the law enforcement standards commission pursuant to chapter 23-3 and, who satisfactorily complete the training required by chapter 23-3 within one year of employment, and whose primary duty as sworn law enforcement officers is to preserve the safety of the students, faculty, staff, visitors, and the property of the University of South Dakota and South Dakota State University university. The employer shall file with the system evidence of the appointment as a sworn law enforcement officer at the time of employment and shall file evidence of satisfactory completion of the training program pursuant to chapter 23-3 within one year of employment;

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\024.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\025.wpd
CHAPTER 25

(HB 1022)

The limitations on indemnification by the state.


        ENTITLED, An Act to revise certain provisions regarding the limitations on indemnification by the state.

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

    Section 1. That the code be amended by adding a NEW SECTION to read:

    No agreement providing for indemnification by the state is enforceable against the state, except to the extent that liability coverage is provided for the indemnification pursuant to § 3-22-1, funds are specifically appropriated by the Legislature to provide for the indemnification, or the Legislature has expressly authorized the indemnification.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    The state treasurer is authorized to include indemnity provisions in contracts with banks regarding the establishment and maintenance of accounts for the provision of payment processing.

     Signed March 20, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\026.wpd
CHAPTER 26

(HB 1064)

Temporary appointments
to the State Government Accountability Board.


        ENTITLED, An Act to authorize temporary appointments to the State Government Accountability Board.

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

    Section 1. That § 3-24-1 be amended to read:

    3-24-1. There is hereby created a State Government Accountability Board to be composed of four members appointed by the Governor. Each member to be appointed shall be a former or retired circuit court judge or Supreme Court Justice. No more than two of the appointed members may be of the same political party. All appointees are subject to confirmation by the Senate and no appointee may be a member of the Legislature during the member's term on the board. The term for a board member is five years and a board member may only be removed for good cause. Good cause to remove a member is conduct such as: malfeasance or misfeasance in office, neglect of duty, corrupt conduct, gross incompetency, or active partisanship. A vacancy in the board's membership shall be filled by the Governor within thirty days of the event causing the vacancy. If a vacancy occurs before a term expires, the new member shall serve for the remaining portion of the unexpired term. If the Senate is not in session at the time the appointment is made, the appointee may serve until the Senate has the opportunity to consider the appointment. The per diem and expenses of the board are the same as the per diem and expenses for members of interim committees of the Legislature. The Governor may appoint a temporary board member if a member is recused or otherwise unavailable to participate. A temporary appointment is not subject to confirmation by the Senate.

     Signed February 19, 2019
_______________
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PUBLIC FISCAL ADMINISTRATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\027.wpd
CHAPTER 27

(SB 191)

The General Appropriations Act for the ordinary expenses
of state government for fiscal year 2020.


        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, 2020.

GENERAL FEDERAL OTHER TOTAL
FUNDS FUNDS FUNDS FUNDS
SECTION 2. OFFICE OF THE GOVERNOR  
    (1) Office of the Governor  
  Personal Services   $1,938,848   $0   $0   $1,938,848  
  Operating Expenses   $455,609   $0   $0   $455,609  
           
  Total   $2,394,457   $0   $0   $2,394,457  
  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   $2,447,071   $561,046   $779,194   $3,787,311  
  Operating Expenses   $4,923,059   $8,925,524   $39,402,154   $53,250,737  
           
  Total   $7,370,130   $9,486,570   $40,181,348   $57,038,048  
  F.T.E.         48.6  
           
    (4) SD Housing Development Authority - Informational  
  Personal Services   $0   $1,314,424   $3,670,216   $4,984,640  
  Operating Expenses   $0   $711,419   $6,847,411   $7,558,830  
           
  Total   $0   $2,025,843   $10,517,627   $12,543,470  
  F.T.E.         65.0  
           
    (5) SD Science and Tech Authority - Informational  
  Personal Services   $0   $0   $4,857   $4,857  
  Operating Expenses   $0   $0   $2,487,442   $2,487,442  
           
  Total   $0   $0   $2,492,299   $2,492,299  
  F.T.E.         0.0  
           
    (6) Ellsworth Authority - Informational  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $0   $709,881   $709,881  
           
  Total   $0   $0   $709,881   $709,881  
  F.T.E.         0.0  
           
    (7) REDI Grants  
  Operating Expenses   $0   $0   $1,751,608   $1,751,608  
           
  Total   $0   $0   $1,751,608   $1,751,608  
  F.T.E.         0.0  
           
    (8) 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) Economic Development Partnership  
  Operating Expenses   $0   $0   $375,000   $375,000  
           
  Total   $0   $0   $375,000   $375,000  
  F.T.E.         0.0  
           
    (10) SD Housing Opportunity  
  Operating Expenses   $1,040,000   $0   $3,040,000   $4,080,000  
           
  Total   $1,040,000   $0   $3,040,000   $4,080,000  
  F.T.E.         0.0  
           
    (11) 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   $22,245   $0   $0   $22,245  
  Operating Expenses   $13,563   $0   $0   $13,563  
           
  Total   $35,808   $0   $0   $35,808  
  F.T.E.         0.5  
           
    (13) DEPARTMENT TOTAL, OFFICE OF THE GOVERNOR  
  Personal Services   $4,408,164   $1,875,470   $4,454,267   $10,737,901  
  Operating Expenses   $8,467,231   $9,636,943   $56,083,496   $74,187,670  
           
  Total   $12,875,395   $11,512,413   $60,537,763   $84,925,571  
  F.T.E.         135.6  
           
SECTION 3. BUREAU OF FINANCE AND MANAGEMENT (BFM)  
    (1) Bureau of Finance and Management  
  Personal Services   $724,882   $0   $2,503,446   $3,228,328  
  Operating Expenses   $245,819   $0   $2,890,462   $3,136,281  
           
  Total   $970,701   $0   $5,393,908   $6,364,609  
  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   $2,530   $2,530  
  Operating Expenses   $0   $0   $562,047   $562,047  
           
  Total   $0   $0   $564,577   $564,577  
  F.T.E.         0.0  
           
    (4) Health and Education Facilities Authority - Informational  
  Personal Services   $0   $0   $475,425   $475,425  
  Operating Expenses   $0   $0   $219,750   $219,750  
           
  Total   $0   $0   $695,175   $695,175  
  F.T.E.         6.0  
           
    (5) Employee Compensation and Billing Pools  
  Personal Services   $17,191,573   $8,226,015   $20,191,098   $45,608,686  
  Operating Expenses   $1,913,712   $1,375,155   $4,009,694   $7,298,561  
           
  Total   $19,105,285   $9,601,170   $24,200,792   $52,907,247  
  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   $17,916,455   $8,226,015   $23,172,499   $49,314,969  
  Operating Expenses   $2,159,531   $1,375,155   $9,821,558   $13,356,244  
           
  Total   $20,075,986   $9,601,170   $32,994,057   $62,671,213  
  F.T.E.         42.0  
           
SECTION 4. BUREAU OF ADMINISTRATION (BOA)  
    (1) Administrative Services  
  Personal Services   $0   $0   $400,743   $400,743  
  Operating Expenses   $683   $0   $113,411   $114,094  
           
  Total   $683   $0   $514,154   $514,837  
  F.T.E.         3.5  
           
    (2) Central Services  
  Personal Services   $194,919   $0   $7,183,439   $7,378,358  
  Operating Expenses   $210,487   $0   $19,225,121   $19,435,608  
           
  Total   $405,406   $0   $26,408,560   $26,813,966  
  F.T.E.         135.5  
           
    (3) State Engineer  
  Personal Services   $0   $0   $1,173,951   $1,173,951  
  Operating Expenses   $0   $0   $243,121   $243,121  
           
  Total   $0   $0   $1,417,072   $1,417,072  
  F.T.E.         15.0  
           
    (4) Statewide Maintenance and Repair  
  Operating Expenses   $15,699,272   $500,000   $4,089,246   $20,288,518  
           
  Total   $15,699,272   $500,000   $4,089,246   $20,288,518  
  F.T.E.         0.0  
           
    (5) Office of Hearing Examiners  
  Personal Services   $274,490   $0   $0   $274,490  
  Operating Expenses   $75,040   $0   $0   $75,040  
           
  Total   $349,530   $0   $0   $349,530  
  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   $637,504   $637,504  
  Operating Expenses   $0   $0   $3,453,567   $3,453,567  
           
  Total   $0   $0   $4,091,071   $4,091,071  
  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   $469,409   $0   $9,395,637   $9,865,046  
  Operating Expenses   $16,705,482   $500,000   $31,183,364   $48,388,846  
           
  Total   $17,174,891   $500,000   $40,579,001   $58,253,892  
  F.T.E.         165.0  
           
SECTION 5. BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
    (1) Data Centers  
  Personal Services   $0   $0   $5,404,813   $5,404,813  
  Operating Expenses   $0   $0   $4,238,243   $4,238,243  
           
  Total   $0   $0   $9,643,056   $9,643,056  
  F.T.E.         64.0  
           
    (2) Development  
  Personal Services   $0   $0   $12,683,059   $12,683,059  
  Operating Expenses   $0   $0   $2,121,284   $2,121,284  
           
  Total   $0   $0   $14,804,343   $14,804,343  
  F.T.E.         153.0  
           
    (3) Telecommunications Services  
  Personal Services   $0   $0   $7,131,723   $7,131,723  
  Operating Expenses   $0   $0   $11,921,444   $11,921,444  
           
  Total   $0   $0   $19,053,167   $19,053,167  
  F.T.E.         89.0  
           
    (4) South Dakota Public Broadcasting  
  Personal Services   $2,941,297   $0   $1,177,026   $4,118,323  
  Operating Expenses   $1,265,284   $422,484   $2,846,154   $4,533,922  
           
  Total   $4,206,581   $422,484   $4,023,180   $8,652,245  
  F.T.E.         63.5  
           
    (5) BIT Administration  
  Personal Services   $0   $0   $1,438,876   $1,438,876  
  Operating Expenses   $0   $0   $328,774   $328,774  
           
  Total   $0   $0   $1,767,650   $1,767,650  
  F.T.E.         15.0  
           
    (6) State Radio Engineering  
  Personal Services   $773,154   $122,531   $12,123   $907,808  
  Operating Expenses   $2,305,943   $91,689   $143,931   $2,541,563  
           
  Total   $3,079,097   $214,220   $156,054   $3,449,371  
  F.T.E.         11.0  
           
    (7) DEPARTMENT TOTAL, BUREAU OF INFORMATION AND TELECOMMUNICATIONS (BIT)  
  Personal Services   $3,714,451   $122,531   $27,847,620   $31,684,602  
  Operating Expenses   $3,571,227   $514,173   $21,599,830   $25,685,230  
           
  Total   $7,285,678   $636,704   $49,447,450   $57,369,832  
  F.T.E.         395.5  
           
SECTION 6. BUREAU OF HUMAN RESOURCES (BHR)  
    (1) Personnel Management/Employee Benefits  
  Personal Services   $220,889   $0   $4,793,774   $5,014,663  
  Operating Expenses   $63,810   $0   $2,061,607   $2,125,417  
           
  Total   $284,699   $0   $6,855,381   $7,140,080  
  F.T.E.         73.5  
           
    (2) DEPARTMENT TOTAL, BUREAU OF HUMAN RESOURCES (BHR)  
  Personal Services   $220,889   $0   $4,793,774   $5,014,663  
  Operating Expenses   $63,810   $0   $2,061,607   $2,125,417  
           
  Total   $284,699   $0   $6,855,381   $7,140,080  
  F.T.E.         73.5  
           
SECTION 7. DEPARTMENT OF REVENUE  
    (1) Administration, Secretary of Revenue  
  Personal Services   $0   $0   $2,258,049   $2,258,049  
  Operating Expenses   $0   $0   $1,654,949   $1,654,949  
           
  Total   $0   $0   $3,912,998   $3,912,998  
  F.T.E.         29.0  
           
    (2) Business Tax  
  Personal Services   $0   $0   $3,659,519   $3,659,519  
  Operating Expenses   $0   $0   $898,716   $898,716  
           
  Total   $0   $0   $4,558,235   $4,558,235  
  F.T.E.         59.5  
           
    (3) Motor Vehicles  
  Personal Services   $0   $0   $2,583,767   $2,583,767  
  Operating Expenses   $0   $300,000   $6,451,564   $6,751,564  
           
  Total   $0   $300,000   $9,035,331   $9,335,331  
  F.T.E.         47.0  
           
    (4) Property and Special Taxes  
  Personal Services   $1,051,364   $0   $0   $1,051,364  
  Operating Expenses   $264,368   $0   $0   $264,368  
           
  Total   $1,315,732   $0   $0   $1,315,732  
  F.T.E.         15.0  
           
    (5) Audits  
  Personal Services   $0   $0   $3,952,996   $3,952,996  
  Operating Expenses   $0   $0   $643,733   $643,733  
           
  Total   $0   $0   $4,596,729   $4,596,729  
  F.T.E.         57.0  
           
    (6) Instant and On-line Operations - Informational  
  Personal Services   $0   $0   $1,482,602   $1,482,602  
  Operating Expenses   $0   $0   $36,941,063   $36,941,063  
           
  Total   $0   $0   $38,423,665   $38,423,665  
  F.T.E.         21.0  
           
    (7) Video Lottery  
  Personal Services   $0   $0   $739,272   $739,272  
  Operating Expenses   $0   $0   $1,943,079   $1,943,079  
           
  Total   $0   $0   $2,682,351   $2,682,351  
  F.T.E.         10.0  
           
    (8) Commission on Gaming - Informational  
  Personal Services   $0   $0   $1,082,644   $1,082,644  
  Operating Expenses   $0   $0   $9,611,286   $9,611,286  
           
  Total   $0   $0   $10,693,930   $10,693,930  
  F.T.E.         16.0  
           
    (9) DEPARTMENT TOTAL, DEPARTMENT OF REVENUE  
  Personal Services   $1,051,364   $0   $15,758,849   $16,810,213  
  Operating Expenses   $264,368   $300,000   $58,144,390   $58,708,758  
           
  Total   $1,315,732   $300,000   $73,903,239   $75,518,971  
  F.T.E.         254.5  
           
SECTION 8. DEPARTMENT OF AGRICULTURE...............  
    (1) Administration, Secretary of Agriculture  
  Personal Services   $789,977   $43,993   $79,053   $913,023  
  Operating Expenses   $416,073   $18,665   $93,841   $528,579  
           
  Total   $1,206,050   $62,658   $172,894   $1,441,602  
  F.T.E.         10.5  
           
    (2) Agricultural Services and Assistance  
  Personal Services   $1,725,377   $1,724,856   $1,250,151   $4,700,384  
  Operating Expenses   $653,091   $2,342,952   $1,931,457   $4,927,500  
           
  Total   $2,378,468   $4,067,808   $3,181,608   $9,627,884  
  F.T.E.         79.9  
           
    (3) Agricultural Development and Promotion  
  Personal Services   $869,922   $478,777   $42,084   $1,390,783  
  Operating Expenses   $372,564   $1,051,710   $279,261   $1,703,535  
           
  Total   $1,242,486   $1,530,487   $321,345   $3,094,318  
  F.T.E.         23.0  
           
    (4) Animal Industry Board  
  Personal Services   $1,807,725   $1,129,317   $138,759   $3,075,801  
  Operating Expenses   $345,423   $624,010   $3,489,683   $4,459,116  
           
  Total   $2,153,148   $1,753,327   $3,628,442   $7,534,917  
  F.T.E.         41.0  
           
    (5) American Dairy Association - Informational  
  Operating Expenses   $0   $0   $2,750,200   $2,750,200  
           
  Total   $0   $0   $2,750,200   $2,750,200  
  F.T.E.         0.0  
           
    (6) Wheat Commission - Informational  
  Personal Services   $0   $0   $245,885   $245,885  
  Operating Expenses   $0   $0   $1,560,000   $1,560,000  
           
  Total   $0   $0   $1,805,885   $1,805,885  
  F.T.E.         3.0  
           
    (7) Oilseeds Council - Informational  
  Personal Services   $0   $0   $1,700   $1,700  
  Operating Expenses   $0   $0   $364,000   $364,000  
           
  Total   $0   $0   $365,700   $365,700  
  F.T.E.         0.0  
           
    (8) Soybean Research and Promotion Council - Informational  
  Personal Services   $0   $0   $530,778   $530,778  
  Operating Expenses   $0   $0   $9,563,958   $9,563,958  
           
  Total   $0   $0   $10,094,736   $10,094,736  
  F.T.E.         8.0  
           
    (9) Brand Board - Informational  
  Personal Services   $0   $0   $1,808,436   $1,808,436  
  Operating Expenses   $0   $0   $515,186   $515,186  
           
  Total   $0   $0   $2,323,622   $2,323,622  
  F.T.E.         33.0  
           
    (10) Corn Utilization Council - Informational  
  Personal Services   $0   $0   $120,000   $120,000  
  Operating Expenses   $0   $0   $8,345,000   $8,345,000  
           
  Total   $0   $0   $8,465,000   $8,465,000  
  F.T.E.         1.0  
           
    (11) Board of Veterinary Medical Examiners - Informational  
  Personal Services   $0   $0   $2,688   $2,688  
  Operating Expenses   $0   $0   $56,631   $56,631  
           
  Total   $0   $0   $59,319   $59,319  
  F.T.E.         0.0  
           
    (12) Pulse Crops Council - Informational  
  Personal Services   $0   $0   $1,214   $1,214  
  Operating Expenses   $0   $0   $27,209   $27,209  
           
  Total   $0   $0   $28,423   $28,423  
  F.T.E.         0.0  
           
    (13) State Fair  
  Personal Services   $0   $0   $948,342   $948,342  
  Operating Expenses   $323,563   $0   $2,290,685   $2,614,248  
           
  Total   $323,563   $0   $3,239,027   $3,562,590  
  F.T.E.         19.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF AGRICULTURE...............  
  Personal Services   $5,193,001   $3,376,943   $5,169,090   $13,739,034  
  Operating Expenses   $2,110,714   $4,037,337   $31,267,111   $37,415,162  
           
  Total   $7,303,715   $7,414,280   $36,436,201   $51,154,196  
  F.T.E.         218.9  
           
SECTION 9. DEPARTMENT OF TOURISM  
    (1) Tourism  
  Personal Services   $0   $0   $2,015,447   $2,015,447  
  Operating Expenses   $0   $0   $14,096,051   $14,096,051  
           
  Total   $0   $0   $16,111,498   $16,111,498  
  F.T.E.         33.7  
           
    (2) Arts  
  Personal Services   $0   $58,890   $271,760   $330,650  
  Operating Expenses   $0   $819,110   $725,037   $1,544,147  
           
  Total   $0   $878,000   $996,797   $1,874,797  
  F.T.E.         4.0  
           
    (3) DEPARTMENT TOTAL, DEPARTMENT OF TOURISM  
  Personal Services   $0   $58,890   $2,287,207   $2,346,097  
  Operating Expenses   $0   $819,110   $14,821,088   $15,640,198  
           
  Total   $0   $878,000   $17,108,295   $17,986,295  
  F.T.E.         37.7  
           
SECTION 10. DEPARTMENT OF GAME, FISH AND PARKS  
    (1) Administration, Secretary of Game, Fish and Parks  
  Personal Services   $139,792   $0   $2,149,826   $2,289,618  
  Operating Expenses   $825,120   $0   $1,168,161   $1,993,281  
           
  Total   $964,912   $0   $3,317,987   $4,282,899  
  F.T.E.         27.6  
           
    (2) Wildlife - Informational  
  Personal Services   $0   $4,587,155   $15,053,604   $19,640,759  
  Operating Expenses   $0   $13,734,745   $15,885,323   $29,620,068  
           
  Total   $0   $18,321,900   $30,938,927   $49,260,827  
  F.T.E.         294.0  
           
    (3) Wildlife, Development, and Improvement - Informational  
  Operating Expenses   $0   $1,427,250   $600,750   $2,028,000  
           
  Total   $0   $1,427,250   $600,750   $2,028,000  
  F.T.E.         0.0  
           
    (4) State Parks and Recreation  
  Personal Services   $2,772,205   $990,311   $7,656,878   $11,419,394  
  Operating Expenses   $2,471,451   $2,985,372   $9,511,514   $14,968,337  
           
  Total   $5,243,656   $3,975,683   $17,168,392   $26,387,731  
  F.T.E.         250.2  
           
    (5) State Parks and Recreation - Development and Improvement  
  Personal Services   $0   $0   $0   $0  
  Operating Expenses   $0   $3,747,250   $6,840,625   $10,587,875  
           
  Total   $0   $3,747,250   $6,840,625   $10,587,875  
  F.T.E.         0.0  
           
    (6) Snowmobile Trails - Informational  
  Personal Services   $0   $0   $402,274   $402,274  
  Operating Expenses   $0   $0   $923,824   $923,824  
           
  Total   $0   $0   $1,326,098   $1,326,098  
  F.T.E.         9.1  
           
    (7) DEPARTMENT TOTAL, DEPARTMENT OF GAME, FISH AND PARKS  
  Personal Services   $2,911,997   $5,577,466   $25,262,582   $33,752,045  
  Operating Expenses   $3,296,571   $21,894,617   $34,930,197   $60,121,385  
           
  Total   $6,208,568   $27,472,083   $60,192,779   $93,873,430  
  F.T.E.         580.9  
           
SECTION 11. DEPARTMENT OF TRIBAL RELATIONS  
    (1) Office of Tribal Relations  
  Personal Services   $526,822   $0   $0   $526,822  
  Operating Expenses   $149,632   $0   $46,000   $195,632  
           
  Total   $676,454   $0   $46,000   $722,454  
  F.T.E.         7.0  
           
    (2) DEPARTMENT TOTAL, DEPARTMENT OF TRIBAL RELATIONS  
  Personal Services   $526,822   $0   $0   $526,822  
  Operating Expenses   $149,632   $0   $46,000   $195,632  
           
  Total   $676,454   $0   $46,000   $722,454  
  F.T.E.         7.0  
           
SECTION 12. DEPARTMENT OF SOCIAL SERVICES  
    (1) Administration, Secretary of Social Services  
  Personal Services   $4,394,515   $5,700,647   $10,578   $10,105,740  
  Operating Expenses   $4,789,074   $11,158,839   $9,650   $15,957,563  
           
  Total   $9,183,589   $16,859,486   $20,228   $26,063,303  
  F.T.E.         176.7  
           
    (2) Economic Assistance  
  Personal Services   $8,399,375   $11,991,218   $24,534   $20,415,127  
  Operating Expenses   $17,940,109   $65,462,755   $317,023   $83,719,887  
           
  Total   $26,339,484   $77,453,973   $341,557   $104,135,014  
  F.T.E.         320.5  
           
    (3) Medical Services  
  Personal Services   $884,829   $2,592,752   $0   $3,477,581  
  Operating Expenses   $226,699,293   $425,719,070   $280,701   $652,699,064  
           
  Total   $227,584,122   $428,311,822   $280,701   $656,176,645  
  F.T.E.         52.0  
           
    (4) Children's Services  
  Personal Services   $13,336,696   $10,244,278   $1,766,185   $25,347,159  
  Operating Expenses   $37,042,841   $44,243,920   $3,071,012   $84,357,773  
           
  Total   $50,379,537   $54,488,198   $4,837,197   $109,704,932  
  F.T.E.         374.8  
           
    (5) Behavioral Health  
  Personal Services   $33,544,107   $8,317,535   $2,068,929   $43,930,571  
  Operating Expenses   $59,889,875   $33,721,971   $1,419,833   $95,031,679  
           
  Total   $93,433,982   $42,039,506   $3,488,762   $138,962,250  
  F.T.E.         636.0  
           
    (6) Board of Counselor Examiners - Informational  
  Personal Services   $0   $0   $3,300   $3,300  
  Operating Expenses   $0   $0   $91,631   $91,631  
           
  Total   $0   $0   $94,931   $94,931  
  F.T.E.         0.0  
           
    (7) Board of Psychology Examiners - Informational  
  Personal Services   $0   $0   $3,860   $3,860  
  Operating Expenses   $0   $0   $73,321   $73,321  
           
  Total   $0   $0   $77,181   $77,181  
  F.T.E.         0.0  
           
    (8) Board of Social Work Examiners - Informational  
  Personal Services   $0   $0   $3,171   $3,171  
  Operating Expenses   $0   $0   $106,342   $106,342  
           
  Total   $0   $0   $109,513   $109,513  
  F.T.E.         0.0  
           
    (9) Board of Addiction and Prevention Professionals - Informational  
  Personal Services   $0   $0   $113,343   $113,343  
  Operating Expenses   $0   $0   $58,260   $58,260  
           
  Total   $0   $0   $171,603   $171,603  
  F.T.E.         1.3  
           
    (10) DEPARTMENT TOTAL, DEPARTMENT OF SOCIAL SERVICES  
  Personal Services   $60,559,522   $38,846,430   $3,993,900   $103,399,852  
  Operating Expenses   $346,361,192   $580,306,555   $5,427,773   $932,095,520  
           
  Total   $406,920,714   $619,152,985   $9,421,673   $1,035,495,372  
  F.T.E.         1,561.3  
           
SECTION 13. DEPARTMENT OF HEALTH  
    (1) Administration, Secretary of Health  
  Personal Services   $772,333   $1,086,120   $653,743   $2,512,196  
  Operating Expenses   $223,339   $1,416,131   $880,654   $2,520,124  
           
  Total   $995,672   $2,502,251   $1,534,397   $5,032,320  
  F.T.E.         33.0  
           
    (2) Health Systems Development and Regulation  
  Personal Services   $2,176,322   $3,615,707   $66,679   $5,858,708  
  Operating Expenses   $1,665,663   $7,284,070   $1,156,540   $10,106,273  
           
  Total   $3,841,985   $10,899,777   $1,223,219   $15,964,981  
  F.T.E.         70.0  
           
    (3) Family and Community Health  
  Personal Services   $2,287,737   $10,600,921   $1,274,834   $14,163,492  
  Operating Expenses   $2,036,929   $16,717,088   $5,326,644   $24,080,661  
           
  Total   $4,324,666   $27,318,009   $6,601,478   $38,244,153  
  F.T.E.         192.5  
           
    (4) Laboratory Services  
  Personal Services   $0   $695,856   $1,583,940   $2,279,796  
  Operating Expenses   $0   $3,395,176   $1,932,735   $5,327,911  
           
  Total   $0   $4,091,032   $3,516,675   $7,607,707  
  F.T.E.         29.0  
           
    (5) Correctional Health  
  Personal Services   $0   $0   $7,871,573   $7,871,573  
  Operating Expenses   $0   $0   $17,610,221   $17,610,221  
           
  Total   $0   $0   $25,481,794   $25,481,794  
  F.T.E.         96.9  
           
    (6) Tobacco Prevention  
  Personal Services   $0   $250,600   $0   $250,600  
  Operating Expenses   $0   $1,315,588   $4,500,217   $5,815,805  
           
  Total   $0   $1,566,188   $4,500,217   $6,066,405  
  F.T.E.         3.0  
           
    (7) Board of Chiropractic Examiners - Informational  
  Personal Services   $0   $0   $65,184   $65,184  
  Operating Expenses   $0   $0   $48,529   $48,529  
           
  Total   $0   $0   $113,713   $113,713  
  F.T.E.         1.0  
           
    (8) Board of Dentistry - Informational  
  Personal Services   $0   $0   $7,354   $7,354  
  Operating Expenses   $0   $0   $431,118   $431,118  
           
  Total   $0   $0   $438,472   $438,472  
  F.T.E.         0.0  
           
    (9) Board of Hearing Aid Dispensers and Audiologists - Informational  
  Personal Services   $0   $0   $1,229   $1,229  
  Operating Expenses   $0   $0   $27,241   $27,241  
           
  Total   $0   $0   $28,470   $28,470  
  F.T.E.         0.0  
           
    (10) Board of Funeral Service - Informational  
  Personal Services   $0   $0   $9,536   $9,536  
  Operating Expenses   $0   $0   $74,605   $74,605  
           
  Total   $0   $0   $84,141   $84,141  
  F.T.E.         0.0  
           
    (11) Board of Medical and Osteopathic Examiners - Informational  
  Personal Services   $0   $0   $430,923   $430,923  
  Operating Expenses   $0   $0   $618,316   $618,316  
           
  Total   $0   $0   $1,049,239   $1,049,239  
  F.T.E.         8.0  
           
    (12) Board of Nursing - Informational  
  Personal Services   $0   $0   $679,013   $679,013  
  Operating Expenses   $0   $0   $837,486   $837,486  
           
  Total   $0   $0   $1,516,499   $1,516,499  
  F.T.E.         9.0  
           
    (13) Board of Nursing Home Administrators - Informational  
  Personal Services   $0   $0   $2,385   $2,385  
  Operating Expenses   $0   $0   $66,285   $66,285  
           
  Total   $0   $0   $68,670   $68,670  
  F.T.E.         0.0  
           
    (14) Board of Optometry - Informational  
  Personal Services   $0   $0   $1,138   $1,138  
  Operating Expenses   $0   $0   $70,892   $70,892  
           
  Total   $0   $0   $72,030   $72,030  
  F.T.E.         0.0  
           
    (15) Board of Pharmacy - Informational  
  Personal Services   $0   $75,000   $569,960   $644,960  
  Operating Expenses   $0   $400,000   $653,333   $1,053,333  
           
  Total   $0   $475,000   $1,223,293   $1,698,293  
  F.T.E.         6.4  
           
    (16) Board of Podiatry Examiners - Informational  
  Personal Services   $0   $0   $291   $291  
  Operating Expenses   $0   $0   $21,230   $21,230  
           
  Total   $0   $0   $21,521   $21,521  
  F.T.E.         0.0  
           
    (17) Board of Massage Therapy - Informational  
  Personal Services   $0   $0   $1,600   $1,600  
  Operating Expenses   $0   $0   $83,650   $83,650  
           
  Total   $0   $0   $85,250   $85,250  
  F.T.E.         0.0  
           
    (18) Board of Speech Language Pathology - Informational  
  Personal Services   $0   $0   $1,140   $1,140  
  Operating Expenses   $0   $0   $45,132   $45,132  
           
  Total   $0   $0   $46,272   $46,272  
  F.T.E.         0.0  
           
    (19) Board of Certified Professional Midwives - Informational  
  Operating Expenses   $0   $0   $20,008   $20,008  
           
  Total   $0   $0   $20,008   $20,008  
  F.T.E.         0.0  
           
    (20) DEPARTMENT TOTAL, DEPARTMENT OF HEALTH  
  Personal Services   $5,236,392   $16,324,204   $13,220,522   $34,781,118  
  Operating Expenses   $3,925,931   $30,528,053   $34,404,836   $68,858,820  
           
  Total   $9,162,323   $46,852,257   $47,625,358   $103,639,938  
  F.T.E.         448.8  
           
SECTION 14. DEPARTMENT OF LABOR AND REGULATION  
    (1) Administration, Secretary of Labor  
  Personal Services   $55,888   $3,342,602   $180,569   $3,579,059  
  Operating Expenses   $718,155   $7,786,536   $137,202   $8,641,893  
           
  Total   $774,043   $11,129,138   $317,771   $12,220,952  
  F.T.E.         52.6  
           
    (2) Unemployment Insurance Service  
  Personal Services   $0   $4,149,185   $0   $4,149,185  
  Operating Expenses   $0   $2,637,079   $0   $2,637,079  
           
  Total   $0   $6,786,264   $0   $6,786,264  
  F.T.E.         72.0  
           
    (3) Field Operations  
  Personal Services   $550,539   $9,658,816   $0   $10,209,355  
  Operating Expenses   $115,716   $2,574,542   $0   $2,690,258  
           
  Total   $666,255   $12,233,358   $0   $12,899,613  
  F.T.E.         166.0  
           
    (4) State Labor Law Administration  
  Personal Services   $632,235   $239,375   $262,867   $1,134,477  
  Operating Expenses   $105,829   $61,068   $247,335   $414,232  
           
  Total   $738,064   $300,443   $510,202   $1,548,709  
  F.T.E.         15.3  
           
    (5) Board of Accountancy - Informational  
  Personal Services   $0   $0   $155,902   $155,902  
  Operating Expenses   $0   $0   $176,179   $176,179  
           
  Total   $0   $0   $332,081   $332,081  
  F.T.E.         2.6  
           
    (6) Board of Barber Examiners - Informational  
  Personal Services   $0   $0   $14,896   $14,896  
  Operating Expenses   $0   $0   $9,316   $9,316  
           
  Total   $0   $0   $24,212   $24,212  
  F.T.E.         0.2  
           
    (7) Cosmetology Commission - Informational  
  Personal Services   $0   $0   $230,069   $230,069  
  Operating Expenses   $0   $0   $124,435   $124,435  
           
  Total   $0   $0   $354,504   $354,504  
  F.T.E.         4.3  
           
    (8) Plumbing Commission - Informational  
  Personal Services   $0   $0   $433,351   $433,351  
  Operating Expenses   $0   $0   $202,103   $202,103  
           
  Total   $0   $0   $635,454   $635,454  
  F.T.E.         7.1  
           
    (9) Board of Technical Professions - Informational  
  Personal Services   $0   $0   $236,379   $236,379  
  Operating Expenses   $0   $0   $183,880   $183,880  
           
  Total   $0   $0   $420,259   $420,259  
  F.T.E.         4.1  
           
    (10) Electrical Commission - Informational  
  Personal Services   $0   $0   $1,451,805   $1,451,805  
  Operating Expenses   $0   $0   $499,505   $499,505  
           
  Total   $0   $0   $1,951,310   $1,951,310  
  F.T.E.         23.1  
           
    (11) Real Estate Commission - Informational  
  Personal Services   $0   $0   $364,648   $364,648  
  Operating Expenses   $0   $0   $231,436   $231,436  
           
  Total   $0   $0   $596,084   $596,084  
  F.T.E.         5.1  
           
    (12) Abstracters Board of Examiners - Informational  
  Personal Services   $0   $0   $7,296   $7,296  
  Operating Expenses   $0   $0   $38,625   $38,625  
           
  Total   $0   $0   $45,921   $45,921  
  F.T.E.         0.0  
           
    (13) South Dakota Athletic Commission - Informational  
  Personal Services   $0   $0   $10,679   $10,679  
  Operating Expenses   $0   $0   $47,386   $47,386  
           
  Total   $0   $0   $58,065   $58,065  
  F.T.E.         0.0  
           
    (14) Banking  
  Personal Services   $0   $0   $3,090,025   $3,090,025  
  Operating Expenses   $0   $0   $978,611   $978,611  
           
  Total   $0   $0   $4,068,636   $4,068,636  
  F.T.E.         35.5  
           
    (15) Trust Captive Insurance Company - Informational  
  Personal Services   $0   $0   $18,699   $18,699  
  Operating Expenses   $0   $0   $164,579   $164,579  
           
  Total   $0   $0   $183,278   $183,278  
  F.T.E.         0.0  
           
    (16) Insurance  
  Personal Services   $0   $20,910   $2,556,637   $2,577,547  
  Operating Expenses   $0   $20,000   $829,055   $849,055  
           
  Total   $0   $40,910   $3,385,692   $3,426,602  
  F.T.E.         37.7  
           
    (17) DEPARTMENT TOTAL, DEPARTMENT OF LABOR AND REGULATION  
  Personal Services   $1,238,662   $17,410,888   $9,013,822   $27,663,372  
  Operating Expenses   $939,700   $13,079,225   $3,869,647   $17,888,572  
           
  Total   $2,178,362   $30,490,113   $12,883,469   $45,551,944  
  F.T.E.         425.6  
           
SECTION 15. DEPARTMENT OF TRANSPORTATION  
    (1) General Operations  
  Personal Services   $529,169   $11,490,594   $60,714,943   $72,734,706  
  Operating Expenses   $25,502   $30,121,451   $98,810,965   $128,957,918  
           
  Total   $554,671   $41,612,045   $159,525,908   $201,692,624  
  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   $529,169   $11,490,594   $60,714,943   $72,734,706  
  Operating Expenses   $25,502   $377,190,324   $243,355,250   $620,571,076  
           
  Total   $554,671   $388,680,918   $304,070,193   $693,305,782  
  F.T.E.         1,014.3  
           
SECTION 16. DEPARTMENT OF EDUCATION  
    (1) Administration, Secretary of Education  
  Personal Services   $1,528,065   $1,049,034   $77,845   $2,654,944  
  Operating Expenses   $1,106,359   $5,372,684   $110,137   $6,589,180  
           
  Total   $2,634,424   $6,421,718   $187,982   $9,244,124  
  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   $477,303,537   $0   $0   $477,303,537  
           
  Total   $477,303,537   $0   $0   $477,303,537  
  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   $2,038,269   $0   $0   $2,038,269  
           
  Total   $2,038,269   $0   $0   $2,038,269  
  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   $12,567,337   $0   $1,875,633   $14,442,970  
           
  Total   $12,567,337   $0   $1,875,633   $14,442,970  
  F.T.E.         0.0  
           
    (8) Postsecondary Vocational Education  
  Personal Services   $236,953   $0   $44,077   $281,030  
  Operating Expenses   $24,533,774   $0   $138,472   $24,672,246  
           
  Total   $24,770,727   $0   $182,549   $24,953,276  
  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   $3,105,750   $0   $0   $3,105,750  
           
  Total   $3,105,750   $0   $0   $3,105,750  
  F.T.E.         0.0  
           
    (11) Education Resources  
  Personal Services   $2,097,539   $3,678,062   $381,208   $6,156,809  
  Operating Expenses   $8,716,179   $175,481,630   $604,572   $184,802,381  
           
  Total   $10,813,718   $179,159,692   $985,780   $190,959,190  
  F.T.E.         83.5  
           
    (12) History  
  Personal Services   $1,002,238   $422,433   $1,362,336   $2,787,007  
  Operating Expenses   $1,236,396   $806,019   $998,812   $3,041,227  
           
  Total   $2,238,634   $1,228,452   $2,361,148   $5,828,234  
  F.T.E.         44.0  
           
    (13) Library Services  
  Personal Services   $1,068,611   $363,222   $0   $1,431,833  
  Operating Expenses   $864,632   $892,592   $27,900   $1,785,124  
           
  Total   $1,933,243   $1,255,814   $27,900   $3,216,957  
  F.T.E.         22.5  
           
    (14) DEPARTMENT TOTAL, DEPARTMENT OF EDUCATION  
  Personal Services   $5,933,406   $5,512,751   $1,865,466   $13,311,623  
  Operating Expenses   $602,002,095   $182,552,925   $4,880,526   $789,435,546  
           
  Total   $607,935,501   $188,065,676   $6,745,992   $802,747,169  
  F.T.E.         187.0  
           
SECTION 17. DEPARTMENT OF PUBLIC SAFETY  
    (1) Administration, Secretary of Public Safety  
  Personal Services   $133,088   $164,060   $701,420   $998,568  
  Operating Expenses   $14,736   $4,273   $161,553   $180,562  
           
  Total   $147,824   $168,333   $862,973   $1,179,130  
  F.T.E.         10.5  
           
    (2) Highway Patrol  
  Personal Services   $606,692   $2,089,940   $17,869,310   $20,565,942  
  Operating Expenses   $892,064   $5,676,528   $7,591,070   $14,159,662  
           
  Total   $1,498,756   $7,766,468   $25,460,380   $34,725,604  
  F.T.E.         279.0  
           
    (3) Emergency Services & Homeland Security  
  Personal Services   $1,012,130   $1,469,042   $208,717   $2,689,889  
  Operating Expenses   $378,272   $7,986,665   $101,239   $8,466,176  
           
  Total   $1,390,402   $9,455,707   $309,956   $11,156,065  
  F.T.E.         32.5  
           
    (4) Legal and Regulatory Services  
  Personal Services   $183,866   $160,152   $5,042,640   $5,386,658  
  Operating Expenses   $1,324,764   $8,465,804   $3,540,542   $13,331,110  
           
  Total   $1,508,630   $8,625,956   $8,583,182   $18,717,768  
  F.T.E.         101.5  
           
    (5) 911 Coordination Board - Informational  
  Personal Services   $0   $0   $114,209   $114,209  
  Operating Expenses   $0   $0   $3,795,828   $3,795,828  
           
  Total   $0   $0   $3,910,037   $3,910,037  
  F.T.E.         1.0  
           
    (6) DEPARTMENT TOTAL, DEPARTMENT OF PUBLIC SAFETY  
  Personal Services   $1,935,776   $3,883,194   $23,936,296   $29,755,266  
  Operating Expenses   $2,609,836   $22,133,270   $15,190,232   $39,933,338  
           
  Total   $4,545,612   $26,016,464   $39,126,528   $69,688,604  
  F.T.E.         424.5  
           
SECTION 18. BOARD OF REGENTS  
    (1) Board of Regents Central Office  
  Personal Services   $4,550,027   $0   $1,928,614   $6,478,641  
  Operating Expenses   $18,823,000   $574,447   $47,556,672   $66,954,119  
           
  Total   $23,373,027   $574,447   $49,485,286   $73,432,760  
  F.T.E.         65.3  
           
    (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   $6,727,630   $0   $0   $6,727,630  
           
  Total   $6,727,630   $0   $0   $6,727,630  
  F.T.E.         0.0  
           
    (4) University of South Dakota  
  Personal Services   $32,170,188   $6,483,291   $52,757,138   $91,410,617  
  Operating Expenses   $3,257,298   $3,078,465   $45,055,088   $51,390,851  
           
  Total   $35,427,486   $9,561,756   $97,812,226   $142,801,468  
  F.T.E.         1,081.9  
           
    (5) University of South Dakota Law School  
  Personal Services   $1,586,745   $70,863   $2,387,680   $4,045,288  
  Operating Expenses   $205,240   $2,483   $820,971   $1,028,694  
           
  Total   $1,791,985   $73,346   $3,208,651   $5,073,982  
  F.T.E.         33.3  
           
    (6) University of South Dakota School of Medicine  
  Personal Services   $19,665,266   $5,501,583   $13,765,693   $38,932,542  
  Operating Expenses   $3,421,010   $7,081,558   $10,277,699   $20,780,267  
           
  Total   $23,086,276   $12,583,141   $24,043,392   $59,712,809  
  F.T.E.         341.5  
           
    (7) South Dakota State University  
  Personal Services   $42,068,970   $9,511,838   $94,274,625   $145,855,433  
  Operating Expenses   $5,322,188   $14,600,000   $80,881,293   $100,803,481  
           
  Total   $47,391,158   $24,111,838   $175,155,918   $246,658,914  
  F.T.E.         1,647.7  
           
    (8) SDSU Extension  
  Personal Services   $8,177,232   $3,308,602   $1,073,664   $12,559,498  
  Operating Expenses   $304,152   $3,627,811   $1,361,053   $5,293,016  
           
  Total   $8,481,384   $6,936,413   $2,434,717   $17,852,514  
  F.T.E.         190.4  
           
    (9) Agricultural Experiment Station  
  Personal Services   $11,796,167   $5,058,124   $5,337,826   $22,192,117  
  Operating Expenses   $627,155   $6,260,000   $10,051,545   $16,938,700  
           
  Total   $12,423,322   $11,318,124   $15,389,371   $39,130,817  
  F.T.E.         241.3  
           
    (10) SD School of Mines and Technology  
  Personal Services   $16,004,084   $6,773,973   $22,333,286   $45,111,343  
  Operating Expenses   $948,441   $8,528,272   $18,897,739   $28,374,452  
           
  Total   $16,952,525   $15,302,245   $41,231,025   $73,485,795  
  F.T.E.         433.4  
           
    (11) Northern State University  
  Personal Services   $13,928,684   $1,414,312   $13,510,962   $28,853,958  
  Operating Expenses   $897,046   $581,001   $11,298,536   $12,776,583  
           
  Total   $14,825,730   $1,995,313   $24,809,498   $41,630,541  
  F.T.E.         365.0  
           
    (12) Black Hills State University  
  Personal Services   $9,030,111   $2,652,568   $20,443,925   $32,126,604  
  Operating Expenses   $632,804   $1,643,371   $13,814,906   $16,091,081  
           
  Total   $9,662,915   $4,295,939   $34,258,831   $48,217,685  
  F.T.E.         410.0  
           
    (13) Dakota State University  
  Personal Services   $9,263,099   $1,192,159   $20,302,213   $30,757,471  
  Operating Expenses   $651,459   $1,807,953   $16,912,056   $19,371,468  
           
  Total   $9,914,558   $3,000,112   $37,214,269   $50,128,939  
  F.T.E.         326.8  
           
    (14) SD School for the Deaf  
  Personal Services   $1,879,244   $0   $0   $1,879,244  
  Operating Expenses   $1,010,545   $0   $667,256   $1,677,801  
           
  Total   $2,889,789   $0   $667,256   $3,557,045  
  F.T.E.         26.0  
           
    (15) SD School for the Blind and Visually Impaired  
  Personal Services   $2,765,673   $11,952   $195,000   $2,972,625  
  Operating Expenses   $302,011   $26,361   $299,815   $628,187  
           
  Total   $3,067,684   $38,313   $494,815   $3,600,812  
  F.T.E.         48.6  
           
    (16) DEPARTMENT TOTAL, BOARD OF REGENTS  
  Personal Services   $172,885,490   $41,979,265   $248,310,626   $463,175,381  
  Operating Expenses   $44,129,979   $47,811,722   $257,894,629   $349,836,330  
           
  Total   $217,015,469   $89,790,987   $506,205,255   $813,011,711  
  F.T.E.         5,211.2  
           
SECTION 19. DEPARTMENT OF THE MILITARY  
    (1) Adjutant General  
  Personal Services   $438,007   $0   $0   $438,007  
  Operating Expenses   $133,744   $10,306   $29,254   $173,304  
           
  Total   $571,751   $10,306   $29,254   $611,311  
  F.T.E.         5.3  
           
    (2) Army Guard  
  Personal Services   $420,722   $3,149,402   $0   $3,570,124  
  Operating Expenses   $2,729,682   $12,650,725   $0   $15,380,407  
           
  Total   $3,150,404   $15,800,127   $0   $18,950,531  
  F.T.E.         63.1  
           
    (3) Air Guard  
  Personal Services   $204,892   $2,891,995   $0   $3,096,887  
  Operating Expenses   $254,066   $2,712,093   $0   $2,966,159  
           
  Total   $458,958   $5,604,088   $0   $6,063,046  
  F.T.E.         48.0  
           
    (4) DEPARTMENT TOTAL, DEPARTMENT OF THE MILITARY  
  Personal Services   $1,063,621   $6,041,397   $0   $7,105,018  
  Operating Expenses   $3,117,492   $15,373,124   $29,254   $18,519,870  
           
  Total   $4,181,113   $21,414,521   $29,254   $25,624,888  
  F.T.E.         116.4  
           
SECTION 20. DEPARTMENT OF VETERANS' AFFAIRS  
    (1) Veterans' Benefits and Services  
  Personal Services   $1,261,149   $158,930   $0   $1,420,079  
  Operating Expenses   $483,815   $49,117   $61,000   $593,932  
           
  Total   $1,744,964   $208,047   $61,000   $2,014,011  
  F.T.E.         22.0  
           
    (2) State Veterans' Home  
  Personal Services   $2,528,195   $3,405,142   $1,048,359   $6,981,696  
  Operating Expenses   $0   $0   $3,329,930   $3,329,930  
           
  Total   $2,528,195   $3,405,142   $4,378,289   $10,311,626  
  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   $3,789,344   $3,564,072   $1,048,359   $8,401,775  
  Operating Expenses   $633,815   $49,117   $3,390,930   $4,073,862  
           
  Total   $4,423,159   $3,613,189   $4,439,289   $12,475,637  
  F.T.E.         140.2  
           
SECTION 21. DEPARTMENT OF CORRECTIONS  
    (1) Administration, Corrections Central Office  
  Personal Services   $1,722,404   $103,852   $0   $1,826,256  
  Operating Expenses   $1,179,549   $866,665   $0   $2,046,214  
           
  Total   $2,901,953   $970,517   $0   $3,872,470  
  F.T.E.         22.0  
           
    (2) Mike Durfee State Prison  
  Personal Services   $12,185,574   $52,238   $0   $12,237,812  
  Operating Expenses   $6,791,778   $51,213   $0   $6,842,991  
           
  Total   $18,977,352   $103,451   $0   $19,080,803  
  F.T.E.         209.0  
           
    (3) State Penitentiary  
  Personal Services   $18,912,610   $57,541   $0   $18,970,151  
  Operating Expenses   $6,762,584   $60,495   $0   $6,823,079  
           
  Total   $25,675,194   $118,036   $0   $25,793,230  
  F.T.E.         321.0  
           
    (4) Women's Prison  
  Personal Services   $4,024,724   $60,132   $0   $4,084,856  
  Operating Expenses   $1,932,665   $23,659   $0   $1,956,324  
           
  Total   $5,957,389   $83,791   $0   $6,041,180  
  F.T.E.         69.0  
           
    (5) Pheasantland Industries  
  Personal Services   $0   $0   $1,048,459   $1,048,459  
  Operating Expenses   $0   $0   $2,432,087   $2,432,087  
           
  Total   $0   $0   $3,480,546   $3,480,546  
  F.T.E.         16.0  
           
    (6) Inmate Services  
  Personal Services   $2,997,859   $81,665   $0   $3,079,524  
  Operating Expenses   $30,697,053   $995,534   $0   $31,692,587  
           
  Total   $33,694,912   $1,077,199   $0   $34,772,111  
  F.T.E.         48.5  
           
    (7) Parole Services  
  Personal Services   $3,950,873   $0   $0   $3,950,873  
  Operating Expenses   $2,271,622   $0   $0   $2,271,622  
           
  Total   $6,222,495   $0   $0   $6,222,495  
  F.T.E.         62.0  
           
    (8) Juvenile Community Corrections  
  Personal Services   $2,040,747   $0   $0   $2,040,747  
  Operating Expenses   $10,228,307   $3,356,457   $0   $13,584,764  
           
  Total   $12,269,054   $3,356,457   $0   $15,625,511  
  F.T.E.         30.0  
           
    (9) DEPARTMENT TOTAL, DEPARTMENT OF CORRECTIONS  
  Personal Services   $45,834,791   $355,428   $1,048,459   $47,238,678  
  Operating Expenses   $59,863,558   $5,354,023   $2,432,087   $67,649,668  
           
  Total   $105,698,349   $5,709,451   $3,480,546   $114,888,346  
  F.T.E.         777.5  
           
SECTION 22. DEPARTMENT OF HUMAN SERVICES  
    (1) Administration, Secretary of Human Services  
  Personal Services   $815,505   $833,235   $0   $1,648,740  
  Operating Expenses   $331,698   $166,932   $2,292   $500,922  
           
  Total   $1,147,203   $1,000,167   $2,292   $2,149,662  
  F.T.E.         23.0  
           
    (2) Developmental Disabilities  
  Personal Services   $729,272   $754,617   $0   $1,483,889  
  Operating Expenses   $63,311,136   $92,214,209   $5,597,382   $161,122,727  
           
  Total   $64,040,408   $92,968,826   $5,597,382   $162,606,616  
  F.T.E.         20.5  
           
    (3) South Dakota Developmental Center - Redfield  
  Personal Services   $8,434,038   $11,404,984   $0   $19,839,022  
  Operating Expenses   $2,291,015   $2,903,362   $857,224   $6,051,601  
           
  Total   $10,725,053   $14,308,346   $857,224   $25,890,623  
  F.T.E.         346.6  
           
    (4) Long Term Services and Supports  
  Personal Services   $2,480,683   $4,423,677   $24,629   $6,928,989  
  Operating Expenses   $93,667,385   $127,243,759   $815,734   $221,726,878  
           
  Total   $96,148,068   $131,667,436   $840,363   $228,655,867  
  F.T.E.         99.0  
           
    (5) Rehabilitation Services  
  Personal Services   $904,816   $5,800,444   $0   $6,705,260  
  Operating Expenses   $4,078,764   $13,343,669   $2,351,071   $19,773,504  
           
  Total   $4,983,580   $19,144,113   $2,351,071   $26,478,764  
  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   $513,687   $1,278,859   $186,814   $1,979,360  
  Operating Expenses   $464,402   $1,412,150   $304,283   $2,180,835  
           
  Total   $978,089   $2,691,009   $491,097   $4,160,195  
  F.T.E.         29.2  
           
    (8) DEPARTMENT TOTAL, DEPARTMENT OF HUMAN SERVICES  
  Personal Services   $13,878,001   $24,495,816   $211,443   $38,585,260  
  Operating Expenses   $164,144,400   $237,284,081   $11,229,666   $412,658,147  
           
  Total   $178,022,401   $261,779,897   $11,441,109   $451,243,407  
  F.T.E.         620.4  
           
SECTION 23. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES  
    (1) Financial and Technical Assistance  
  Personal Services   $2,227,401   $1,713,278   $753,148   $4,693,827  
  Operating Expenses   $361,854   $629,564   $289,727   $1,281,145  
           
  Total   $2,589,255   $2,342,842   $1,042,875   $5,974,972  
  F.T.E.         56.5  
           
    (2) Environmental Services  
  Personal Services   $3,516,586   $3,941,231   $2,637,209   $10,095,026  
  Operating Expenses   $608,509   $2,136,905   $887,610   $3,633,024  
           
  Total   $4,125,095   $6,078,136   $3,524,819   $13,728,050  
  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   $418,374   $418,374  
  Operating Expenses   $0   $0   $71,106   $71,106  
           
  Total   $0   $0   $489,480   $489,480  
  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   $5,743,987   $5,654,509   $3,808,731   $15,207,227  
  Operating Expenses   $970,363   $2,766,469   $5,863,444   $9,600,276  
           
  Total   $6,714,350   $8,420,978   $9,672,175   $24,807,503  
  F.T.E.         180.5  
           
SECTION 24. SOUTH DAKOTA RETIREMENT SYSTEM  
    (1) South Dakota Retirement System  
  Personal Services   $0   $0   $2,639,587   $2,639,587  
  Operating Expenses   $0   $0   $2,071,045   $2,071,045  
           
  Total   $0   $0   $4,710,632   $4,710,632  
  F.T.E.         33.0  
           
    (2) DEPARTMENT TOTAL, SOUTH DAKOTA RETIREMENT SYSTEM  
  Personal Services   $0   $0   $2,639,587   $2,639,587  
  Operating Expenses   $0   $0   $2,071,045   $2,071,045  
           
  Total   $0   $0   $4,710,632   $4,710,632  
  F.T.E.         33.0  
           
SECTION 25. PUBLIC UTILITIES COMMISSION  
    (1) Public Utilities Commission (PUC)  
  Personal Services   $529,912   $191,034   $2,336,971   $3,057,917  
  Operating Expenses   $53,729   $51,962   $1,655,756   $1,761,447  
           
  Total   $583,641   $242,996   $3,992,727   $4,819,364  
  F.T.E.         31.2  
           
    (2) DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION  
  Personal Services   $529,912   $191,034   $2,336,971   $3,057,917  
  Operating Expenses   $53,729   $51,962   $1,655,756   $1,761,447  
           
  Total   $583,641   $242,996   $3,992,727   $4,819,364  
  F.T.E.         31.2  
           
SECTION 26. UNIFIED JUDICIAL SYSTEM  
    (1) State Bar Association - Informational  
  Personal Services   $0   $0   $243,413   $243,413  
  Operating Expenses   $0   $0   $334,689   $334,689  
           
  Total   $0   $0   $578,102   $578,102  
  F.T.E.         3.0  
           
    (2) Unified Judicial System  
  Personal Services   $40,585,634   $35,267   $2,725,125   $43,346,026  
  Operating Expenses   $5,055,636   $283,222   $6,726,147   $12,065,005  
           
  Total   $45,641,270   $318,489   $9,451,272   $55,411,031  
  F.T.E.         583.2  
           
    (3) Equal Access to Our Courts  
  Operating Expenses   $50,000   $0   $200,000   $250,000  
           
  Total   $50,000   $0   $200,000   $250,000  
  F.T.E.         0.0  
           
    (4) DEPARTMENT TOTAL, UNIFIED JUDICIAL SYSTEM  
  Personal Services   $40,585,634   $35,267   $2,968,538   $43,589,439  
  Operating Expenses   $5,105,636   $283,222   $7,260,836   $12,649,694  
           
  Total   $45,691,270   $318,489   $10,229,374   $56,239,133  
  F.T.E.         586.2  
           
SECTION 27. LEGISLATIVE BRANCH  
    (1) Legislative Operations  
  Single Line Item Appropriation   $6,860,127   $0   $0   $6,860,127  
           
  Total   $6,860,127   $0   $0   $6,860,127  
  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   $3,382,837   $0   $0   $3,382,837  
  Operating Expenses   $392,927   $0   $0   $392,927  
           
  Total   $3,775,764   $0   $0   $3,775,764  
  F.T.E.         40.0  
           
    (4) DEPARTMENT TOTAL, LEGISLATIVE BRANCH  
  Personal Services   $3,382,837   $0   $0   $3,382,837  
  Operating Expenses   $392,927   $0   $0   $392,927  
  Single Line Item Appropriation   $6,860,127   $0   $755,040   $7,615,167  
           
  Total   $10,635,891   $0   $755,040   $11,390,931  
  F.T.E.         71.6  
           
SECTION 28. OFFICE OF THE ATTORNEY GENERAL  
    (1) Legal Services Program  
  Personal Services   $4,514,673   $344,360   $1,675,678   $6,534,711  
  Operating Expenses   $701,162   $477,837   $1,086,407   $2,265,406  
           
  Total   $5,215,835   $822,197   $2,762,085   $8,800,117  
  F.T.E.         70.0  
           
    (2) Criminal Investigation  
  Personal Services   $4,730,660   $986,815   $2,893,302   $8,610,777  
  Operating Expenses   $1,488,630   $2,046,676   $3,093,610   $6,628,916  
           
  Total   $6,219,290   $3,033,491   $5,986,912   $15,239,693  
  F.T.E.         102.5  
           
    (3) Law Enforcement Training  
  Personal Services   $0   $0   $869,573   $869,573  
  Operating Expenses   $499,507   $0   $1,098,691   $1,598,198  
           
  Total   $499,507   $0   $1,968,264   $2,467,771  
  F.T.E.         13.5  
           
    (4) 911 Training  
  Personal Services   $0   $0   $130,167   $130,167  
  Operating Expenses   $0   $0   $100,060   $100,060  
           
  Total   $0   $0   $230,227   $230,227  
  F.T.E.         2.0  
           
    (5) Insurance Fraud Unit - Informational  
  Personal Services   $0   $0   $195,624   $195,624  
  Operating Expenses   $0   $0   $72,237   $72,237  
           
  Total   $0   $0   $267,861   $267,861  
  F.T.E.         3.0  
           
    (6) DEPARTMENT TOTAL, OFFICE OF THE ATTORNEY GENERAL  
  Personal Services   $9,245,333   $1,331,175   $5,764,344   $16,340,852  
  Operating Expenses   $2,689,299   $2,524,513   $5,451,005   $10,664,817  
           
  Total   $11,934,632   $3,855,688   $11,215,349   $27,005,669  
  F.T.E.         191.0  
           
SECTION 29. SCHOOL AND PUBLIC LANDS  
    (1) Administration of School and Public Lands  
  Personal Services   $420,635   $0   $28,668   $449,303  
  Operating Expenses   $142,575   $0   $296,627   $439,202  
           
  Total   $563,210   $0   $325,295   $888,505  
  F.T.E.         6.0  
           
    (2) DEPARTMENT TOTAL, SCHOOL AND PUBLIC LANDS  
  Personal Services   $420,635   $0   $28,668   $449,303  
  Operating Expenses   $142,575   $0   $296,627   $439,202  
           
  Total   $563,210   $0   $325,295   $888,505  
  F.T.E.         6.0  
           
SECTION 30. SECRETARY OF STATE  
    (1) Secretary of State  
  Personal Services   $680,604   $89,019   $319,149   $1,088,772  
  Operating Expenses   $382,190   $1,212,127   $359,528   $1,953,845  
           
  Total   $1,062,794   $1,301,146   $678,677   $3,042,617  
  F.T.E.         15.6  
           
    (2) DEPARTMENT TOTAL, SECRETARY OF STATE  
  Personal Services   $680,604   $89,019   $319,149   $1,088,772  
  Operating Expenses   $382,190   $1,212,127   $359,528   $1,953,845  
           
  Total   $1,062,794   $1,301,146   $678,677   $3,042,617  
  F.T.E.         15.6  
           
SECTION 31. STATE TREASURER  
    (1) Treasury Management  
  Personal Services   $399,386   $0   $0   $399,386  
  Operating Expenses   $148,063   $0   $0   $148,063  
           
  Total   $547,449   $0   $0   $547,449  
  F.T.E.         5.2  
           
    (2) Unclaimed Property - Informational  
  Personal Services   $0   $0   $300,026   $300,026  
  Operating Expenses   $0   $0   $28,624,536   $28,624,536  
           
  Total   $0   $0   $28,924,562   $28,924,562  
  F.T.E.         3.8  
           
    (3) Investment of State Funds  
  Personal Services   $0   $0   $7,094,281   $7,094,281  
  Operating Expenses   $0   $0   $2,249,779   $2,249,779  
           
  Total   $0   $0   $9,344,060   $9,344,060  
  F.T.E.         35.3  
           
    (4) Performance Based Compensation  
  Personal Services   $0   $0   $11,328,728   $11,328,728  
           
  Total   $0   $0   $11,328,728   $11,328,728  
  F.T.E.         0.0  
           
    (5) DEPARTMENT TOTAL, STATE TREASURER  
  Personal Services   $399,386   $0   $18,723,035   $19,122,421  
  Operating Expenses   $148,063   $0   $30,874,315   $31,022,378  
           
  Total   $547,449   $0   $49,597,350   $50,144,799  
  F.T.E.         44.3  
           
SECTION 32. STATE AUDITOR  
    (1) State Auditor  
  Personal Services   $1,149,275   $0   $0   $1,149,275  
  Operating Expenses   $152,608   $0   $0   $152,608  
           
  Total   $1,301,883   $0   $0   $1,301,883  
  F.T.E.         16.0  
           
    (2) DEPARTMENT TOTAL, STATE AUDITOR  
  Personal Services   $1,149,275   $0   $0   $1,149,275  
  Operating Expenses   $152,608   $0   $0   $152,608  
           
  Total   $1,301,883   $0   $0   $1,301,883  
  F.T.E.         16.0  
           
SECTION 33. STATE TOTAL  
  Personal Services   $411,434,329   $196,442,358   $518,094,384   $1,125,971,071  
  Operating Expenses   $1,274,579,456   $1,557,578,047   $895,896,027   $3,728,053,530  
  Single Line Item Appropriation   $6,860,127   $0   $755,040   $7,615,167  
           
  Total   $1,692,873,912   $1,754,020,405   $1,414,745,451   $4,861,639,768  
  F.T.E.         14,013.2  
           
           
    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   $3,690,997  
Governor's Office Operations   $110,745  
    From the game, fish and parks fund:    
Radio Communications Operations   $79,398  
From the game, fish and parks administrative revolving fund:  
Governor's Office Operations   $18,647  
    From the motor vehicle fund:    
Radio Communications Operations   $651,352  

    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 state treasurer shall transfer to the precision agriculture fund nine hundred thousand dollars ($900,000) from the state general fund.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\027.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\028.wpd
CHAPTER 28

(SB 180)

The General Appropriations Act for fiscal year 2019, revised.


        ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019.

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

    Section 1. That section 2 of chapter 36 of the 2018 Session Laws be amended to read:

OFFICE OF THE GOVERNOR

    (8) Building South Dakota - Local Infrastructure Improvement

        Operating Expenses, Other Funds, delete "$1,470,000" and insert "$4,770,000"

    (10) Building South Dakota - SD Housing Opportunity

        Operating Expenses, Other Funds, delete "$2,940,000" and insert "$3,016,568"

    Section 2. That section 3 of chapter 36 of the 2018 Session Laws be amended to read:

BUREAU OF FINANCE AND MANAGEMENT (BFM)

    (5) Employee Compensation and Billing Pools

        Personal Services, General Funds, delete "$4,786,989" and insert "$5,340,076"

        Personal Services, Federal Funds, delete "$2,498,371" and insert "$2,696,978"

        Personal Services, Other Funds, delete "$5,602,902" and insert "$5,929,784"

        Operating Expenses, General Funds, delete "$623,245" and insert "$1,071,504"

        Operating Expenses, Federal Funds, delete "$338,345" and insert "$722,167"

        Operating Expenses, Other Funds, delete "$542,269" and insert "$2,010,668"

    Section 3. That section 8 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF AGRICULTURE

    (3) Agricultural Development and Promotion

        Operating Expenses, General Funds, delete "$469,390" and insert "$569,390"

    (4) Animal Industry Board

        Operating Expenses, Other Funds, delete "$3,487,106" and insert "$6,836,819"

    Section 4. That section 10 of chapter 36 of the 2018 Session Laws be amended to read:


DEPARTMENT OF GAME, FISH AND PARKS

    (5) State Parks and Recreation - Development and Improvement

        Operating Expenses, Other Funds, delete "$6,600,000" and insert "$8,181,250"

    Section 5. That section 11 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF TRIBAL RELATIONS

    (1) Office of Tribal Relations

        Operating Expenses, Other Funds, delete "$20,000" and insert "$40,000"

    Section 6. That section 12 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF SOCIAL SERVICES

    (2) Economic Assistance

        Operating Expenses, General Funds, delete "$17,631,603" and insert "$17,661,960"

    (3) Medical Services

        Operating Expenses, General Funds, delete "$230,543,367" and insert "$209,466,824"

        Operating Expenses, Federal Funds, delete "$417,237,050" and insert "$401,228,193"

    (4) Children's Services

        Operating Expenses, General Funds, delete "$35,322,302" and insert "$33,963,880"

        Operating Expenses, Federal Funds, delete "$38,705,073" and insert "$46,215,547"

        Operating Expenses, Other Funds, delete "$3,063,314" and insert "$3,065,238"

    (5) Behavioral Health

        Personal Services, General Funds, delete "$33,087,854" and insert "$32,587,854"

        Personal Services, Federal Funds, delete "$8,164,414" and insert "$8,664,414"

        Operating Expenses, General Funds, delete "$51,496,862" and insert "$50,715,963"

        Operating Expenses, Federal Funds, delete "$29,550,243" and insert "$33,692,626"

        Operating Expenses, Other Funds, delete "$1,413,790" and insert "$1,415,135"

    Section 7. That section 13 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF HEALTH

    (1) Administration, Secretary of Health

        Operating Expenses, Federal Funds, delete "$712,750" and insert "$1,364,425"


    (3) Family and Community Health

        Personal Services, Federal Funds, delete "$10,315,131" and insert "$10,422,841"

        Personal Services, Other Funds, delete "$1,368,901" and insert "$1,261,191"

    (4) Laboratory Services

        Personal Services, Federal Funds, delete "$628,472" and insert "$688,472"

        Operating Expenses, Federal Funds, delete "$2,715,348" and insert "$3,315,348"

    (5) Correctional Health

        Operating Expenses, Other Funds, delete "$17,190,617" and insert "$17,194,610"

    (15) Board of Pharmacy - Informational

        Personal Services, Federal Funds, delete "$0" and insert "$75,000"

        Operating Expenses, Federal Funds, delete "$0" and insert "$400,000"

    Section 8. That section 14 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF LABOR AND REGULATION

    (1) Administration, Secretary of Labor

        Operating Expenses, Federal Funds, delete "$7,778,249" and insert "$8,625,249"

    (2) Unemployment Insurance Service

        Personal Services, Federal Funds, delete "$4,178,467" and insert "$4,096,175"

        Operating Expenses, Federal Funds, delete "$2,635,559" and insert "$2,630,779"

        F.T.E, delete "74.0" and insert "72.0"

    (4) State Labor Law Administration

        Personal Services, General Funds, delete "$628,709" and insert "$620,599"

        Operating Expenses, General Funds, delete "$97,528" and insert "$105,638"

    Section 9. That section 15 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF TRANSPORTATION

    (1) General Operations

        Operating Expenses, Federal Funds, delete "$30,121,451" and insert "$30,841,451"

        Operating Expenses, Other Funds, delete "$95,286,998" and insert "$95,424,080"

    Section 10. That section 16 of chapter 36 of the 2018 Session Laws be amended to read:


DEPARTMENT OF EDUCATION

    (1) Administration, Secretary of Education

        Personal Services, Federal Funds, delete "$962,841" and insert "$1,037,385"

        Operating Expenses, Federal Funds, delete "$3,698,184" and insert "$5,155,926"

        F.T.E, delete "35.0" and insert "36.0"

    (3) State Aid to General Education

        Operating Expenses, General Funds, delete "$467,381,046" and insert "$460,471,381"

    (5) Sparsity Payments

        Operating Expenses, General Funds, delete "$2,011,464" and insert "$2,017,234"

    (8) Postsecondary Vocational Education

        Operating Expenses, General Funds, delete "$23,380,382" and insert "$23,461,887"

    (11) Education Resources

        Operating Expenses, General Funds, delete "$7,646,672" and insert "$8,005,414"

    Section 11. That section 17 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF PUBLIC SAFETY

    (1) Administration, Secretary of Public Safety

        Operating Expenses, Other Funds, delete "$129,750" and insert "$159,750"

    (2) Highway Patrol

        Personal Services, Federal Funds, delete "$1,584,954" and insert "$2,064,954"

        Operating Expenses, Other Funds, delete "$7,419,972" and insert "$7,672,448"

    (3) Emergency Services & Homeland Security

        Operating Expenses, Federal Funds, delete "$8,014,755" and insert "$7,984,755"

    (4) Legal and Regulatory Services

        Operating Expenses, General Funds, delete "$1,323,980" and insert "$1,327,886"

    Section 12. That section 18 of chapter 36 of the 2018 Session Laws be amended to read:

BOARD OF REGENTS

    (4) University of South Dakota

        Operating Expenses, General Funds, delete "$3,281,890" and insert "$3,153,937"


    (7) South Dakota State University

        Operating Expenses, General Funds, delete "$5,463,199" and insert "$5,475,268"

    (10) SD School of Mines and Technology

        Operating Expenses, General Funds, delete "$945,713" and insert "$950,467"

    (11) Northern State University

        Operating Expenses, General Funds, delete "$1,029,910" and insert "$959,566"

    (12) Black Hills State University

        Operating Expenses, General Funds, delete "$741,622" and insert "$619,041"

    (13) Dakota State University

        Operating Expenses, General Funds, delete "$570,667" and insert "$588,190"

        Operating Expenses, Other Funds, delete "$11,972,223" and insert "$14,132,223"

    (14) SD School for the Deaf

        Operating Expenses, General Funds, delete "$1,012,893" and insert "$1,008,882"

    (15) SD School for the Blind and Visually Impaired

        Operating Expenses, General Funds, delete "$311,968" and insert "$316,170"

    Section 13. That section 19 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF THE MILITARY

    (2) Army Guard

        Operating Expenses, General Funds, delete "$2,742,003" and insert "$2,719,612"

        Operating Expenses, Federal Funds, delete "$12,684,957" and insert "$12,614,162"

    (3) Air Guard

        Operating Expenses, General Funds, delete "$234,687" and insert "$249,353"

        Operating Expenses, Federal Funds, delete "$2,678,761" and insert "$2,689,027"

    Section 14. That section 20 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF VETERANS' AFFAIRS

    (2) State Veterans' Home

        Operating Expenses, Other Funds, delete "$3,209,528" and insert "$3,245,039"

    Section 15. That section 21 of chapter 36 of the 2018 Session Laws be amended to read:


DEPARTMENT OF CORRECTIONS

    (2) Mike Durfee State Prison

        Operating Expenses, General Funds, delete "$6,516,007" and insert "$6,618,876"

    (3) State Penitentiary

        Operating Expenses, General Funds, delete "$6,648,422" and insert "$6,605,384"

    (4) Women's Prison

        Operating Expenses, General Funds, delete "$1,828,176" and insert "$1,776,396"

    (6) Inmate Services

        Operating Expenses, General Funds, delete "$29,352,607" and insert "$29,357,945"

    (8) Juvenile Community Corrections

        Operating Expenses, General Funds, delete "$10,280,349" and insert "$9,980,584"

        Operating Expenses, Federal Funds, delete "$3,511,186" and insert "$3,073,392"

    Section 16. That section 22 of chapter 36 of the 2018 Session Laws be amended to read:

DEPARTMENT OF HUMAN SERVICES

    (1) Administration, Secretary of Human Services

        Operating Expenses, General Funds, delete "$311,775" and insert "$312,979"

    (2) Developmental Disabilities

        Operating Expenses, General Funds, delete "$60,018,078" and insert "$60,893,353"

        Operating Expenses, Federal Funds, delete "$82,990,339" and insert "$84,242,985"

        Operating Expenses, Other Funds, delete "$5,591,583" and insert "$5,625,714"

    (3) South Dakota Developmental Center - Redfield

        Personal Services, General Funds, delete "$8,600,315" and insert "$8,003,429"

        Personal Services, Federal Funds, delete "$11,162,885" and insert "$10,391,709"

        Operating Expenses, General Funds, delete "$2,272,183" and insert "$2,556,358"

        Operating Expenses, Federal Funds, delete "$2,756,091" and insert "$3,123,248"

        F.T.E, delete "352.6" and insert "346.6"

    (4) Long Term Services and Supports

        Operating Expenses, General Funds, delete "$85,708,176" and insert "$87,814,785"


        Operating Expenses, Federal Funds, delete "$106,338,255" and insert "$113,324,881"

    (5) Rehabilitation Services

        Operating Expenses, General Funds, delete "$3,967,352" and insert "$3,990,239"

        Operating Expenses, Federal Funds, delete "$13,115,248" and insert "$13,135,472"

    Section 17. That section 26 of chapter 36 of the 2018 Session Laws be amended to read:

UNIFIED JUDICIAL SYSTEM

    (2) Unified Judicial System

        Personal Services, General Funds, delete "$39,830,656" and insert "$39,930,656"

        Personal Services, Federal Funds, delete "$403,731" and insert "$303,731"

        Operating Expenses, General Funds, delete "$4,846,124" and insert "$4,860,749"

    Section 18. That section 27 of chapter 36 of the 2018 Session Laws be amended to read:

LEGISLATIVE BRANCH

    (1) Legislative Operations

        Single Line Item Appropriation, General Funds, delete "$6,805,998" and insert "$6,785,858"

    Section 19. That section 28 of chapter 36 of the 2018 Session Laws be amended to read:

OFFICE OF THE ATTORNEY GENERAL

    (1) Legal Services Program

        Operating Expenses, Other Funds, delete "$1,059,403" and insert "$3,059,403"

    (2) Criminal Investigation

        Personal Services, Federal Funds, delete "$1,136,812" and insert "$1,381,913"

        Operating Expenses, General Funds, delete "$1,432,576" and insert "$1,539,982"

        Operating Expenses, Federal Funds, delete "$2,052,759" and insert "$4,250,706"

        Operating Expenses, Other Funds, delete "$2,902,668" and insert "$3,686,118"

        F.T.E, delete "100.5" and insert "102.5"

    (3) Law Enforcement Training

        Operating Expenses, Other Funds, delete "$1,094,814" and insert "$1,235,068"

    Section 20. That section 30 of chapter 36 of the 2018 Session Laws be amended to read:

SECRETARY OF STATE


    (1) Secretary of State

        Operating Expenses, General Funds, delete "$381,841" and insert "$531,841"

        Operating Expenses, Federal Funds, delete "$1,212,019" and insert "$4,465,419"

    Section 21. Adjust all totals accordingly in sections 1 to 20, inclusive, of this Act.

    Section 22. That section 34 of chapter 36 of the 2018 Session Laws be amended to read:

    From the state highway fund:

Radio Communications Operations, delete "$3,259,837" and insert "$3,481,347"

    From the game, fish and parks fund:

Radio Communications Operations, delete "$359,817" and insert "$74,161"

    From the motor vehicle fund:

Radio Communications Operations, delete "$572,221" and insert "$614,355"

Adjust all totals accordingly.

    Section 23. That section 42 of chapter 36 of the 2018 Session Laws be amended to read:

    CORRECTIONS

Pardon and Paroles, Board of, delete $75" and insert "$200"

    Section 24. That chapter 36 of the 2018 Session Laws be amended by adding thereto NEW SECTIONS to read:

    [Section 43.] The state treasurer shall transfer from the state general fund the sum of five million dollars to the rural broadband fund for the purpose of expanding rural broadband.

    [Section 44.] The state treasurer shall transfer from the state general fund the sum of four million six hundred twenty thousand nine hundred twenty dollars to the radio communication fund for the purpose of upgrading emergency and communication infrastructure.

    [Section 45.] The state treasurer shall transfer to the state general fund the sum of seven hundred five thousand one hundred one dollars from the mountain pine beetle fund.

    [Section 46.] The state treasurer shall transfer from the state general fund the sum of two hundred thousand dollars to the teen court grant program fund.

    [Section 47.] The state treasurer shall transfer from the state general fund the sum of seven hundred thousand dollars to the legislative priority pilot program contingency fund.

    Section 25. Funds appropriated by this Act which are unspent at the end of fiscal year 2019 may be carried over to fiscal year 2020.

    Section 26. This Act is effective June 28, 2019.



     CODE COUNSEL NOTE: The Code Counsel and the Office of Engrossing and Enrolling have corrected a clerical error in SB 180 pursuant to Joint Rule 3-4(4). The reference to "chapter 37" is incorrect in each section where the reference to "chapter 37" appears. The correct reference is to "chapter 36" and the Legislative Research Council has corrected this error.

     Signed March 27, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\029.wpd
CHAPTER 29

(HB 1255)

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 five hundred thousand dollars ($500,000), or so much thereof as may be necessary, in accordance with subdivision 10-47B-149(5) to the State Conservation Commission.

    Section 2. The State Conservation Commission shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 3. Any amounts appropriated in this Act not lawfully expended or obligated 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 5, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\030.wpd
CHAPTER 30

(HB 1262)

An appropriation to reimburse health care professionals.


        ENTITLED, An Act to make an appropriation to reimburse certain 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-nine

thousand eight hundred forty-nine dollars ($659,849), or so much thereof as may be necessary, to the Department of Health for the purposes of reimbursing four family physicians, one dentist, and three physician assistants who have, in the determination of the department, met the requirements of § 34-12G-3 and the general fund sum of three hundred twenty thousand dollars ($320,000), 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 March 5, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\031.wpd
CHAPTER 31

(SB 34)

Appropriation to replace the Elm Lake Dam spillway.


        ENTITLED, An Act to make an appropriation for the replacement of the Elm Lake Dam spillway and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of five hundred twenty-one thousand four hundred three dollars ($521,403), or so much thereof as may be necessary, to the Office of School and Public Lands for the purposes of repairing the Elm Lake Dam spillway.

    Section 2. The commissioner of school and public lands shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\031.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\032.wpd
CHAPTER 32

(HB 1259)

An appropriation for costs related to disasters.


        ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of five hundred fifty thousand five hundred ninety-six dollars ($550,596), or so much thereof as may be necessary, to the special emergency and disaster special revenue fund for costs related to disasters in the state.

    Section 2. The secretary of public safety shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\032.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\033.wpd
CHAPTER 33

(HB 1261)

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 nine hundred six thousand six hundred fifty-eight dollars ($906,658), 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 March 21, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\034.wpd
CHAPTER 34

(SB 176)

Appropriation for the second century habitat fund.


        ENTITLED, An Act to make an appropriation for the second century habitat fund.

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

    Section 1. There is hereby appropriated from the general fund the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the Bureau of Finance and Management to provide a grant to the second century habitat fund held with the South Dakota Community Foundation and administered by the executive board of the second century habitat fund for the protection and enhancement of wildlife habitat across the state.

    Section 2. The funds appropriated in section 1 of this Act may be used to match one dollar received from private contributions or private donations, or may be used as matching funds for federal conservation programs or grants for which the second century habitat fund successfully applies or for any larger, collaborative effort of which the second century habitat fund is a partner and is administered by the executive board of the second century habitat fund.

    Section 3. The funds appropriated in section 1 of this Act shall be used for program operations and may not be added to an endowment. Participants in programs supported by funds appropriated through this Act agree not to charge any person or entity any fee or payment for hunting access to any property under the ownership or control of any participants. A person who has a commercial fee hunting establishment may not participate in any program supported by funds appropriated through this Act.

    Section 4. The commissioner of the Bureau of Finance and Management shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 5. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 6. This Act is effective on June 28, 2019.

     Certified March 29, 2019

    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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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\035.wpd
CHAPTER 35

(SB 172)

An appropriation for costs related to disasters in the state.


        ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, to the special emergency and disaster special revenue fund for costs related to disasters in the state.

    Section 2. The secretary of public safety shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\035.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\036.wpd
CHAPTER 36

(SB 178)

Appropriation to the Department of Game, Fish and Parks
for improvements to Palisades State Park.


        ENTITLED, An Act to make an appropriation to the Department of Game, Fish and Parks to fund certain improvements to Palisades State Park and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, to the Department of Game, Fish and Parks to be used for the construction of improvements to Palisades State Park.

    Section 2. The Department of Game, Fish and Parks may accept and expend for the purposes of this Act, in addition to the amounts authorized in this Act, any funds which it may obtain from federal sources, gifts, contributions, or any other source, if the acceptance and expenditure is approved under § 4-8B-10.

    Section 3. The Bureau of Administration, pursuant to § 5-14-2, shall supervise the design and construction of these projects. The state engineer and the secretary of the Department of Game, Fish and Parks shall approve vouchers and the state auditor shall draw warrants to pay expenditures

authorized by this Act.

    Section 4. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 27, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\037.wpd
CHAPTER 37

(SB 181)

Transfer funds from the budget reserve fund.


        ENTITLED, An Act to provide for the transfer of funds from the budget reserve fund 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 six million six hundred three thousand four hundred sixty-three dollars ($6,603,463) 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 27, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\038.wpd
CHAPTER 38

(SB 128)

An appropriation to select racing funds.


        ENTITLED, An Act to make an appropriation to the gaming commission fund, to provide for the transfer of funds to the special racing revolving fund and the South Dakota-bred racing fund, and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of one hundred twenty thousand dollars ($120,000), or so much thereof as may be necessary, to the gaming commission fund.

    Section 2. The Commission on Gaming 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, 2021, shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 4. The Commission on Gaming shall transfer the money appropriated under section 1 of this Act from the gaming commission fund to the special racing revolving fund and to the South Dakota-bred racing fund. The Commission on Gaming may allocate the transferred funds between the special racing revolving fund and the South Dakota-bred racing fund in any amount the commission chooses.

    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 27, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\039.wpd
CHAPTER 39

(HB 1187)

Appropriation for the Flaming Fountain on Capitol Lake.


        ENTITLED, An Act to authorize the Bureau of Administration to conduct a study of the Flaming Fountain on Capitol Lake, 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 Bureau of Administration shall contract with a professional firm to determine the gas and water flow problems at the Flaming Fountain on Capitol Lake on the South Dakota Capitol grounds.

    Section 2. The firm contracted under section 1 of this Act shall determine the precise cause of the diminished water flow, diminished natural gas flow, assess the risk of potential sinkhole development adjacent to the existing Flaming Fountain and other nearby state property, prepare a detailed plan for repair or replacement of the existing well including the removal of and extent of statues, granite, flagpoles, monuments and landscaping, and to prepare a detailed cost estimate and construction plans for repairs or replacement of the existing well and reinstallation of adjacent property.

    Section 3. The firm contracted under section 1 of this Act may submit to the Bureau of Administration the study of the Flaming Fountain in written form and in a formal presentation with detailed demolition and construction plans, no later than six months after the special fund created under section 5 of this Act is at an amount that according to the Bureau of Administration is sufficient to complete the purposes authorized under sections 1 and 2 of this Act.

    Section 4. There is hereby appropriated the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, in other fund expenditure authority from donations or other external sources, to the Bureau of Administration for the purposes authorized under sections 1 and 2 of this Act.

    Section 5. The Bureau of Administration may accept, transfer, and expend any funds obtained for the purposes authorized in sections 1 and 2 of this Act from donations, or any other external sources, all of which comprise a special fund for the benefitted project.


    Section 6. 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 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 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 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\039.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\040.wpd
CHAPTER 40

(HB 1254)

Appropriations from the water and environment fund
and its revolving fund subfunds.


        ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes 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 ten million five hundred thousand dollars ($10,500,000), 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 four hundred thousand dollars ($2,400,000), 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 state water pollution control revolving fund program subfund established pursuant to § 46A-1-60.1, the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the 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 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 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 fifty thousand dollars ($50,000), 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 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 grants to very small community water systems to address drinking water compliance and public health issues. Funds shall be provided according to terms and conditions established by the Board of Water and Natural Resources.

    Section 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 March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\040.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\041.wpd
CHAPTER 41

(SB 173)

Appropriation for health care innovation grants.


        ENTITLED, An Act to make an appropriation to fund certain health care innovation grants, to require certain reports, expedite the nursing home rate methodology review, and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of five million dollars ($5,000,000), or so much thereof as may be necessary, to the Department of Human Services to be

used for nursing home innovation grants and to expedite the scheduled review of the nursing home rate methodology, including the hiring of an outside consultant.

    Section 2. The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in section 1 of this Act.

    Section 3. There is hereby appropriated from the general fund the sum of one million dollars ($1,000,000), or so much thereof as may be necessary, to the Department of Social Services to be used for primary and prenatal care innovation grants.

    Section 4. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized in section 3 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. The Department of Human Services and the Department of Social Services shall report to the Joint Committee on Appropriations in January 2020 and to the Interim Committee on Appropriations and the Government Operations and Audit Committee in the summer of 2020 on the grants awarded pursuant to 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 March 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\041.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\042.wpd
CHAPTER 42

(SB 174)

Appropriation for the construction of a health services building
and renovation at the Jameson Prison Annex.


        ENTITLED, An Act to make an appropriation for the construction of a health services building and renovation at the Jameson Prison Annex on the grounds of the state penitentiary and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of seven million three hundred ninety-two thousand two hundred thirty-five dollars ($7,392,235), or so much thereof as may be necessary, to the Department of Corrections for the purpose of designing, renovating, constructing, furnishing, and equipping a health services building at the Jameson Prison Annex on the grounds of the state penitentiary including heating, air conditioning, plumbing, water, sewer, electric facilities, architectural and engineering services, and other services and improvements as may be required.

    Section 2. The Bureau of Administration, pursuant to chapter 5-14, shall supervise the design, renovation, and construction of the facilities approved by this Act. The commissioner of the Bureau of Administration and the secretary of the Department of Corrections 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 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\042.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\043.wpd
CHAPTER 43

(SB 175)

Appropriation for the
South Dakota Ellsworth Development Authority.


        ENTITLED, An Act to make an appropriation for the South Dakota Ellsworth Development Authority and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of one million eight hundred forty-five thousand dollars ($1,845,000), or so much thereof as may be necessary, to the South Dakota Ellsworth Development Authority to provide required matching funds under the federal Readiness and Environmental Protection Integration (REPI) program, for use in helping to remove land-use conflicts affecting the long-term operations and effectiveness of Ellsworth Air Force Base.

    Section 2. The moneys appropriated in this Act shall be expended in accordance with chapter 1-16J.

    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 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\043.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\044.wpd
CHAPTER 44

(SB 177)

Department of Public Safety may remodel a structure
in Sturgis for use as the state metrology lab.


        ENTITLED, An Act to authorize the Department of Public Safety to remodel an existing structure in Sturgis for use as the state metrology lab, to make an appropriation therefor, and to declare an emergency.

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

    Section 1. The Department of Public Safety may contract for the restructuring, construction, completion, placement, furnishing, equipping, and maintaining of, including heating, plumbing, water, sewer, electric facilities, architectural and engineering services, and other services or actions as may be required to remodel the Highway Patrol Storage Building on Department of Transportation property in Sturgis into a functioning state metrology lab.

    Section 2. There is hereby appropriated from the general fund the sum of one million six hundred and sixty thousand dollars ($1,660,000), or so much thereof as may be necessary to the Department of Public Safety to construct the facility described in section 1 of this Act.

    Section 3. The Bureau of Administration, pursuant to § 5-14-2, shall supervise the design, renovation, and construction of the facilities approved by this Act. The commissioner of the Bureau of Administration and the secretary of public safety shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 4. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\044.wpd

PUBLIC PROPERTY, PURCHASES AND CONTRACTS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\045.wpd
CHAPTER 45

(HB 1031)

Wind and solar easements and leases authorized
by the commissioner of School and Public Lands.


        ENTITLED, An Act to authorize certain wind and solar easements and leases by the commissioner of School and Public Lands.

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

    Section 1. That § 5-1-7.2 be amended to read:

    5-1-7.2. In addition to agricultural and grazing leases pursuant to chapter 5-5 and, mineral leases pursuant to chapter 5-7, and wind and solar easements and leases pursuant to section 2 of this Act, the commissioner of school and public lands may, from time to time, as circumstances warrant, provide, by rules promulgated pursuant to chapter 1-26, provide for the establishment of additional types of subsidiary leases on school and public lands. Such The additional leases may be for commercial or forestry purposes and shall be both economical and consistent with the stewardship of the schools school and public lands.

    In addition, leases Leases may also be established to authorize the use of such lands for military purposes by state or federal military units.

    Rules promulgated pursuant to authorized by this section may provide for all necessary considerations, including the creation, marketing, administration, and termination of such the leases.

    Section 2. That chapter 5-4 be amended by adding a NEW SECTION to read:

    The commissioner of school and public lands may grant to any person a wind easement, as defined in § 43-13-16, or a solar easement, as defined in § 43-13-16.1. The commissioner of school and public lands may also provide for wind leases and solar leases.

    The grant of an easement or a lease under this section is subject to the terms and conditions set forth in §§ 43-13-17 to 43-13-24, inclusive, together with any terms and conditions that are customary and proper for the protection of the state, including the right to enter upon land, construct roads, and erect structures, transmission lines, common carrier lines, and other necessary improvements.

    The provisions of chapter 49-7 do not apply to easements and leases authorized by this section.

     Signed February 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\045.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\046.wpd
CHAPTER 46

(HB 1030)

Office of School and Public Lands may accept internet bidding.


        ENTITLED, An Act to allow the Office of School and Public Lands to accept internet bidding for the leasing of state minerals.

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

    Section 1. That § 5-7-2 be amended to read:

    5-7-2. It is hereby specifically provided that all leases for prospecting for, producing, and marketing oil and gas, geothermal resources, bentonite, and gypsum, shall be, and for feldspar, mica, coal, and all other minerals or combinations thereof, may be, issued after advertising and sale at public auction to the highest bidder on oral bids. The public auction may be an electronic event that is advertised and made available to the public via the internet. The sale of sand, gravel, rock, stone, clay, shale, and lake sediment are specifically exempted from the provisions of this section.

     Signed January 31, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\046.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\047.wpd
CHAPTER 47

(HB 1020)

The state building committee for capital improvement projects.


        ENTITLED, An Act to revise certain provisions regarding state building committees for capital improvement projects.

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

    Section 1. That § 5-14-3 be amended to read:

    5-14-3. The Bureau of Administration, under the direction of the committee as provided by this section, shall have general charge and supervision of the design and construction of all state buildings, power and heating plants, heating, cooling, and air-conditioning systems, water supply, fire protection, sewerage and sewage disposal systems, electrical generation and distribution, and all major repairs, rebuilding or alterations thereof. A State Building Committee state building committee is required on all projects of one million five hundred thousand five million dollars or more. The committee shall consist of a member of the board or commission governing the institution or department concerned, the executive director or like officer of the respective board or commission, a representative of the institution or department appointed by the governing board or commission of that institution or department, and a representative of the Bureau of Administration and if. If the project is funded pursuant to chapter 5-12, the South Dakota Building Authority may appoint a representative. The Bureau of Administration, under the direction of the committee, shall prepare, or cause to be prepared, the preliminary plans, specifications, and other descriptive material or reports for all proposed new construction, capital improvement, or major repairs and remodeling. After the preliminary plans have been approved by the committee, they the plans shall be presented to the respective board or commission having the institution in charge governing the institution or department concerned. Upon proper authorization of the board or commission, the Bureau of Administration, under the direction of the committee, shall prepare, or cause to be prepared, all final plans, specifications, advertisements, notice notices, and instructions to bidders, proposal forms, and contract forms, and all work incidental to securing bids and contracts for same, according to the direction of the board or commission having the institution in charge governing the institution or department concerned. The Bureau of Administration shall supervise the construction, including inspection of construction and critical point inspections on projects of one million five hundred thousand dollars or more, repair, rebuilding, or alterations.

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\047.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\048.wpd
CHAPTER 48

(HB 1021)

Bid bonds for public improvement contracts.


        ENTITLED, An Act to revise certain provisions regarding bid bonds for public improvement contracts.

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

    Section 1. That § 5-18B-9 be amended to read:

    5-18B-9. No bidder on a public improvement contract may be required, either in the invitation for bids or otherwise, to leave a certified check or cashier's check, or bid bond, posted for a longer period than that allowed by in § 5-18A-5 if the bid is not accepted. The check or bid bond of the successful bidder shall be returned upon the execution of the contract and surety hereafter provided for. The checks or bid bonds of all unsuccessful bidders shall be, by the purchasing agency, immediately returned to the respective makers thereof and not and the bid bonds of all unsuccessful bidders shall be, by the purchasing agency, immediately destroyed. No more than forty-five days shall may elapse between the opening of the bids and either the acceptance of the bid of the lowest responsible bidder or the rejection of all of the bids presented.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\048.wpd

COUNTIES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\049.wpd
CHAPTER 49

(HB 1052)

Electronic notice given to county commissioners
for special sessions.


        ENTITLED, An Act to revise certain provisions regarding the notice given to county commissioners for special sessions.

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

    Section 1. That § 7-8-14 be amended to read:

    7-8-14. The board of county commissioners shall meet and hold sessions for the transaction of business at the courthouse or at the usual place of holding court in January, April, July, and October of each year, and may adjourn from time to time. The county auditor or the chairman chair of the board of county commissioners may call special sessions if the interests of the county demand it by giving three days' notice of the special session by mailing a copy of the notice to each of the county commissioners at their designated post office addresses. In addition to the notice by mail, notice may be given telephonically or through electronic communication to each county commissioner. In case of an emergency, a special session may be called by giving one day's notice to each commissioner

by telephone. An emergency for the purpose of this section is an unforeseen occurrence or combination of circumstances that calls for immediate action or remedy.

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\049.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\050.wpd
CHAPTER 50

(HB 1215)

Posting county and municipality ordinances.


        ENTITLED, An Act to revise provisions regarding the posting of county and municipality ordinances.

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

    Section 1. That chapter 7-18A be amended by adding a NEW SECTION to read:

    If a county posts the ordinance book or any part of the book on the county's official website, the county shall ensure the most current version of the ordinance book or any part of the book is posted.

    Section 2. That chapter 9-19 be amended by adding a NEW SECTION to read:

    If a municipality posts the ordinance book or any part of the book on the municipality's official website, the municipality shall ensure the most current version of the ordinance book or any part of the book is posted.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\050.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\051.wpd
CHAPTER 51

(HB 1056)

Local ordinances prohibited regarding firearms.


        ENTITLED, An Act to prohibit certain local ordinances regarding firearms.

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

    Section 1. That § 7-18A-36 be amended to read:

    7-18A-36. No county may pass any an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances ordinance prohibited by this section are is null and void. The attorney general shall send a cease and desist order to any county that passes or enforces an ordinance in violation of this section. If the county fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any county that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.



    Section 2. That § 8-5-13 be amended to read:

    8-5-13. No township may pass any an ordinance that restricts or prohibits, or imposes any tax, licensure requirement, or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances ordinance prohibited by this section are is null and void. The attorney general shall send a cease and desist order to any township that passes or enforces an ordinance in violation of this section. If the township fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any township that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.

    Section 3. That § 9-19-20 be amended to read:

    9-19-20. No municipality may pass any an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances ordinance prohibited by this section are is null and void. The attorney general shall send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\051.wpd

TOWNSHIPS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\052.wpd
CHAPTER 52

(HB 1200)

Contact information posted for township supervisors.


        ENTITLED, An Act to require the posting of contact information for persons serving on a board of township supervisors.

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

    Section 1. That chapter 8-5 be amended by adding a NEW SECTION to read:

    A county official of any county that maintains an official website shall post thereon the name and phone number of each person serving on a board of township supervisors within the county.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\052.wpd



MUNICIPAL GOVERNMENT

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\053.wpd
CHAPTER 53

(SB 92)

The signature requirements for municipal elections.


        ENTITLED, An Act to revise certain provisions regarding the signature requirements for municipal elections.

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

    Section 1. That § 9-20-1 be amended to read:

    9-20-1. The registered voters of any municipality may propose ordinances and resolutions for the government of the municipality if the petition is signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year of the election the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used.

    Section 2. That § 9-20-8 be amended to read:

    9-20-8. The referendum petition shall be signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year of the election the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. The signer or circulator shall add the signer's residence address, county of voter registration, and date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.

    Section 3. That § 9-13-14.2 be amended to read:

    9-13-14.2. The governing body of any municipality may, by ordinance enacted prior to the vacancy, require that any vacancy on the governing body or in the office of the mayor is to be filled by a special election called for that purpose to be conducted as provided in § 9-13-14 and this section. No such special election may be held less than ninety days before the annual municipal election. The finance officer of the municipality shall publish a notice in the official newspaper of the municipality stating that a vacancy exists, that the vacancy will be filled by special election, the date of the election, and the time and place where nominating petitions may be filed for the office. The notice shall be published once each week for two consecutive weeks beginning at least sixty days before the date of the special election. Nominating petitions for the vacancy shall be prepared and filed as provided in § 9-13-7, may not be circulated more than sixty days before the date of the special election, and shall be filed at least thirty days before the date of the special election. The number of signers required for a nominating petition shall be calculated as provided in § 9-13-9. If a nominating petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. A notice of the special election shall be published as provided in

§§ 9-13-13 and 9-13-14.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\053.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\054.wpd
CHAPTER 54

(HB 1128)

The maximum term of promissory notes issued to municipalities.


        ENTITLED, An Act to revise provisions regarding the maximum term of promissory notes issued to municipalities.

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

    Section 1. That § 9-25-12 be amended to read:

    9-25-12. A municipality may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§ 9-25-13 to 9-25-16, inclusive. Notes issued pursuant to this section are payable solely from the sources provided in § 9-25-13 and do not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the notes set forth or set forth in the resolution authorizing the notes to the contrary notwithstanding. The notes shall recite the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of §§ 9-25-13 to 9-25-16, inclusive, and that the notes and the interest thereon are payable from the sources therein provided. The notes shall be authorized, issued, and sold in accordance with chapter 6-8B. No election is required and the notes may not be issued for a term in excess of five years. However, notes a note issued for loans any loan authorized by the United States Department of Agriculture may be issued for a term of not more than ten years and an unsecured promissory note under the municipal debt limit may be issued for a term of not more than twenty years.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\054.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\055.wpd
CHAPTER 55

(HB 1176)

Municipal regulation of saline tattoo removal.


        ENTITLED, An Act to provide for the regulation of saline tattoo removal 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, saline tattoo removal, and body piercing by licensing tattoo artists and practitioners of tattooing, saline tattoo removal, or body piercing,; inspecting tattoo, saline tattoo removal, 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 under § 34-1-17. The term, tattoo, means

    Terms used in this section mean:

            (1)    "Tattooing," to make marks or designs into the skin by puncturing it and inserting indelible colors. Tattooing The term includes microblading and similar techniques used to partially or fully simulate natural hair. The term, body piercing, means;

            (2)    "Saline tattoo removal," inserting a saline solution in skin to lighten or remove an existing tattoo. The term does not include the use of other acids or of lasers as described in § 36-4-8.2;

            (3)    "Body piercing," to place a permanent or temporary foreign object in a person's body 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.

    Section 2. That § 34-1-17 be amended to read:

    34-1-17. The Department of Health may adopt and enforce, subject to chapter 1-26, orders and rules necessary to preserve and protect the public health and may regulate, by requiring licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of the following matters:

            (1)    The manufacture into articles of commerce, other than food, of diseased, tainted, or decayed animal or vegetable matter;

            (2)    The location of cemeteries and the removal and burial of the dead;

            (3)    The management of lying-in houses and boarding places for infants, and the treatment of infants therein;

            (4)    The construction and equipment, in respect to sanitary conditions, of schools, hospitals, prisons, and other public institutions;

            (5)    The treatment in hospitals and elsewhere of persons suffering from any communicable diseases disease, the disinfection and quarantine of persons and places in case of such disease, and the reporting of sickness and deaths therefrom from disease;

            (6)    The distribution of biological products to be used for the prevention and treatment of communicable diseases;

            (7)    The diagnosis, control, and treatment of tuberculosis; and

            (8)    The minimum sanitation requirements for tattooing, saline tattoo removal, and body piercing as defined in § 9-34-17, including premises, equipment, methods of operation, and freedom from communicable disease.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\055.wpd



TAXATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\056.wpd
CHAPTER 56

(SB 25)

The authority of Department of Revenue special agents.


        ENTITLED, An Act to revise the authority of Department of Revenue special agents.

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

    Section 1. That § 10-1-6.1 be amended to read:

    10-1-6.1. The secretary of revenue may appoint up to five special agents to investigate violations of any of the provisions of Title 10 and chapters 35-1 to 35-10, inclusive title 10, title 32, title 35, and chapter 37-10, and to enforce any statutes which that the secretary is given the power to enforce. The special agents shall have all of the powers and authority of law enforcement officers while performing duties pursuant to this section. The special agents appointed by the secretary of revenue are subject to the requirements of §§ 23-3-41, 23-3-42 and 23-3-44, shall cooperate with local law enforcement officers who have primary responsibility for law enforcement in their jurisdiction, and shall keep those officers informed concerning investigations within those officers' jurisdiction. The special agents appointed by the secretary of revenue pursuant to this section are class A employees for retirement purposes.

     Signed February 13, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\056.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\057.wpd
CHAPTER 57

(HB 1015)

Update references 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, 2018 2019. This section applies to §§ 10-4-9.1, 10-4-9.2, 10-4-9.3, 10-4-9.4, 10-4-39, and 10-43-10.1, and subdivisions 10-6A-1(7), 10-6B-1(5), 10-18A-1(6), 10-43-10.3(7) 10-43-10.3(6), and 10-45A-1(5).

     Signed February 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\057.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\058.wpd
CHAPTER 58

(HB 1081)

Paraplegic or amputee veterans
retain a property tax exemption each year.


        ENTITLED, An Act to authorize certain paraplegic or amputee veterans or their surviving spouses to retain a property tax exemption without having to reapply each year.

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

    Section 1. That § 10-4-24.10 be amended to read:

    10-4-24.10. To the extent that a A dwelling or part thereof of a dwelling designed as provided in § 10-4-24.9 that is owned and occupied for the full calendar year in which a tax is to be levied by a paraplegic veteran, a veteran with the loss or loss of use of both lower extremities, or the unremarried widow or widower of such a veteran, the same shall be the veteran is exempt from taxation. Notwithstanding any other provision of law, if the director of equalization determines that a veteran or the veteran's unremarried widow or widower is entitled to the exemption provided in this section, the veteran or the veteran's unremarried widow or widower retains that exemption until the property ownership is transferred, the veteran or the veteran's unremarried widow or widower ceases to occupy the dwelling, or the property has a change in use. If the legal description of the property is changed, the exemption remains in place as long as the veteran or the veteran's unremarried widow or widower continues to reside in the dwelling.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\058.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\059.wpd
CHAPTER 59

(HB 1080)

Property tax exemption increased
for veterans with a disability.


        ENTITLED, An Act to increase the property tax exemption allowed for certain veterans with a disability and the surviving spouses of certain veterans with a disability.

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

    Section 1. That § 10-4-40 be amended to read:

    10-4-40. One hundred thousand One hundred fifty thousand dollars of the full and true value of the total amount of a dwelling or portion thereof classified as owner-occupied pursuant to §§ 10-13-39 to 10-13-40.4, inclusive, that is owned and occupied by a veteran who is rated as permanently and totally disabled from a service-connected disability is exempt from property taxation. The veteran shall apply for this partial exemption on a form prescribed by the secretary of revenue. Any application or supporting document for this exemption is confidential. Any veteran who would otherwise qualify for this exemption but fails to comply with the application deadline for the owner-occupied classification or the deadline for application for this exemption may petition the board of

county commissioners to recalculate the taxes based upon the owner-occupied classification and this exemption and abate or refund the difference in taxes pursuant to chapter 10-18.

    If the director of equalization determines that the veteran receives an exemption for the veteran's dwelling pursuant to this section, the veteran retains that exemption until such time as the property ownership is transferred, the veteran does not occupy the dwelling, or the property has a change in use. If the legal description of property is changed or amended and the veteran continues to reside in the dwelling, the veteran retains the exemption provided by this section.

    Section 2. That § 10-4-41 be amended to read:

    10-4-41. One hundred thousand One hundred fifty thousand dollars of the full and true value of the total amount of a dwelling or portion thereof classified as owner-occupied pursuant to §§ 10-13-39 to 10-13-40.4, inclusive, that is owned and occupied by the surviving spouse of a veteran who was rated as permanently and totally disabled from a service-connected disability is exempt from property taxation. The surviving spouse shall apply for this partial exemption on a form prescribed by the secretary of revenue. Any application or supporting document for this exemption is confidential. Any surviving spouse who would otherwise qualify for this exemption but fails to comply with the application deadline for the owner-occupied classification or the deadline for application for this exemption may petition the board of county commissioners to recalculate the taxes based upon the owner-occupied classification and this exemption and abate or refund the difference in taxes pursuant to chapter 10-18.

    If the director of equalization determines that the surviving spouse receives an exemption for the dwelling pursuant to this section, the surviving spouse retains that exemption until such time as the property ownership is transferred, the surviving spouse does not occupy the dwelling, the surviving spouse remarries, or the property has a change in use. If the legal description of property is changed or amended and the surviving spouse continues to reside in the dwelling, the surviving spouse retains the exemption provided by this section.

     Signed March 11, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\060.wpd
CHAPTER 60

(SB 4)

Department of Revenue study of classification
of agricultural land revised for property tax purposes.


        ENTITLED, An Act to revise certain provisions regarding the classification of agricultural land for property tax purposes.

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

    Section 1. That the code be amended by adding a NEW SECTION to read:

    The Department of Revenue, in conjunction with South Dakota State University, shall study the impact of changes to the methodology of rating soils for purposes of assessing agricultural land. The study shall be based on South Dakota State University's research initiated by the Agricultural Land Assessment Implementation and Oversight Advisory Task Force pursuant to chapter 106 of the 2016 Session Laws. The department shall select a representative sampling of counties to participate in the study and shall provide data, technical assistance, and any other information to the counties as necessary to analyze the impacts of any recommended changes to the soil ratings. The department

shall present its findings to the Agricultural Land Assessment Implementation and Oversight Advisory Task Force on or before January 1, 2020.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\060.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\061.wpd
CHAPTER 61

(HB 1084)

Affordable housing specified for purposes of taxation.


        ENTITLED, An Act to provide for specific classification of affordable housing structures for purposes of taxation.

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

    Section 1. That chapter 10-6 be amended by adding a NEW SECTION to read:

    Any new affordable housing structure is specifically classified for the purposes of taxation. For purposes of this section a new affordable housing structure shall contain four or more units and the monthly rental rate of the units will be at or below the annually calculated rent for the state's sixty percent area median income being used by the South Dakota Housing Development Authority, for a minimum of ten years following the date of first occupancy.

    Section 2. That § 10-6-35.2 be amended to read:

    10-6-35.2. Any structure classified pursuant to § 10-6-35.1, 10-6-35.21, 10-6-35.22, 10-6-35.24, or 10-6-35.25, or section 1 of this Act, shall, following construction, be valued for taxation purposes in the usual manner. However, the board of county commissioners of the county where the structure is located, may adopt any formula for assessed value to be used for tax purposes. The formula may include for any or all of the five tax years following construction all, any portion or none of the assessed valuation for tax purposes. The board of county commissioners of the county where the structure is located may, if requested by the owner of the structure, not apply the discretionary formula and the full assessment shall be made without application of the formula. In waiving the formula for the structure of one owner, the board of county commissioners is not prohibited from applying the formula for subsequent new structures. The assessed valuation during any of the five years may not be less than the assessed valuation of the property in the year preceding the first year of the tax years following construction.

    Any structure that is partially constructed on the assessment date may be valued for tax purposes pursuant to this section and the valuation may not be less than the assessed valuation of the property in the year preceding the beginning of construction. During any period of time that the property is valued for tax purposes pursuant to under this section, the period of time may include the years when the property is partially constructed.

    Thereafter Following the five-year period under this section, the property shall be assessed at the same percentage as is all other property for tax purposes.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\061.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\062.wpd
CHAPTER 62

(SB 179)

Property tax levies for the general fund of school districts
and to revise the state aid to education formula.


        ENTITLED, An Act to revise the 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 2019 2020 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 seven six dollars and eighty-two and 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 the school district shall be one dollar and fifty-one forty-seven and two 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; and

            (3)    The maximum tax levy for an owner-occupied single-family dwelling as defined in § 10-13-40 for the school district shall be three dollars and thirty-eight twenty-nine and three six 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 subdivision (4) of § 13-13-10.1 be amended to read:

            (4)    "Target teacher salary," for the school fiscal year beginning July 1, 2018 2019 is $49,131.96 $50,360.26. Each school fiscal year thereafter, the target teacher salary is the previous fiscal year's target teacher salary increased by the index factor;

    Section 3. That subdivision (4C) of § 13-13-10.1 be amended to read:

            (4C)    "Overhead rate," is thirty-one thirty-three and sixty-seven six 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;


     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\062.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\063.wpd
CHAPTER 63

(HB 1256)

Appropriation to fund tax refunds for elderly persons
and elderly persons with a disability.


        ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of four hundred fifty thousand dollars ($450,000), or so much thereof as may be necessary, to the Department of Revenue to provide refunds for real property tax and sales tax to elderly and disabled persons pursuant to chapters 10-18A and 10-45A. An amount not to exceed twenty thousand dollars may be used for the administrative costs of this Act.

    Section 2. The secretary of the Department of Revenue shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June  30, 2020, 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   $5,810 6,017   35%  
5,811 6,018   6,070 6,286   34%  
6,071 6,287   6,330 6,556   33%  
6,331 6,557   6,590 6,825   32%  
6,591 6,826   6,850 7,094   31%  
6,851 7,095   7,110 7,364   30%  
7,111 7,365   7,370 7,633   29%  
7,371 7,634   7,630 7,902   28%  
7,631 7,903   7,890 8,171   27%  
7,891 8,172   8,150 8,441   26%  
8,151 8,442   8,410 8,710   25%  
8,411 8,711   8,670 8,979   24%  
8,671 8,980   8,930 9,248   23%  
8,931 9,249   9,190 9,518   22%  
9,191 9,519   9,450 9,787   21%  
9,451 9,788   9,710 10,056   20%  
9,711 10,057   9,970 10,326   19%  
9,971 10,327   10,230 10,595   18%  
10,231 10,596   10,490 10,864   17%  
10,491 10,865   10,750 11,133   16%  
10,751 11,134   11,010 11,403   15%  
11,011 11,404   11,270 11,672   14%  
11,271 11,673   11,530 11,941   13%  
11,531 11,942   11,790 12,210   12%  
11,791 12,211   12,060 12,490   11%  
over 12,060 12,490     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   $9,740 10,142   55%  
9,741 10,143   10,101 10,518   53%  
10,102 10,519   10,462 10,894   51%  
10,463 10,895   10,823 11,270   49%  
10,824 11,271   11,184 11,645   47%  
11,185 11,646   11,545 12,021   45%  
11,546 12,022   11,906 12,397   43%  
11,907 12,398   12,267 12,773   41%  
12,268 12,774   12,628 13,149   39%  
12,629 13,150   12,989 13,525   37%  
12,990 13,526   13,350 13,901   35%  
13,351 13,902   13,711 14,277   33%  
13,712 14,278   14,072 14,653   31%  
14,073 14,654   14,433 15,028   29%  
14,434 15,029   14,794 15,404   27%  
14,795 15,405   15,155 15,780   25%  
15,156 15,781   15,516 16,156   23%  
15,517 16,157   15,877 16,532   21%  
15,878 16,533   16,240 16,910   19%  
over 16,240 16,910     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 eight hundred ten six thousand seventeen dollars or less, a sum of two hundred fifty-eight dollars;

            (2)    If the claimant's income is five thousand eight hundred ten six thousand eighteen dollars and not more than twelve thousand sixty twelve thousand four hundred ninety dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between twelve thousand sixty twelve thousand four hundred ninety dollars and the income of the claimant; and

            (3)    If the claimant's income is more than twelve thousand sixty twelve thousand four hundred ninety 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 seven hundred forty ten thousand one hundred forty-two dollars or less, the sum of five hundred eighty-one dollars;

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

            (3)    If household income is more than sixteen thousand two hundred forty sixteen thousand nine hundred ten dollars, no refund.


    Section 8. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\063.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\064.wpd
CHAPTER 64

(HB 1014)

Payment of the tax imposed on financial institutions and banks,
requirement changed.


        ENTITLED, An Act to repeal certain provisions regarding payments of the tax imposed on financial institutions and banks.

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

    Section 1. That § 10-43-54 be repealed.

     Signed February 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\064.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\065.wpd
CHAPTER 65

(HB 1204)

Sales of goods and services by minors exempt from the sales tax.


        ENTITLED, An Act to exempt certain sales of goods and services by minors from the sales tax.

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

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

    This chapter does not apply to any person under eighteen years of age with gross receipts totaling less than one thousand dollars in any calendar year from any sale of tangible personal property, any service delivered, or any product or service transferred electronically for use in the state.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\065.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\066.wpd
CHAPTER 66

(HB 1017)

Contraband cigarettes to be destroyed.


        ENTITLED, An Act to provide for the destruction of certain contraband cigarettes.

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

    Section 1. That § 10-50-36 be amended to read:

    10-50-36. Any cigarettes seized under the provisions of this chapter shall be confiscated and, forfeited to the state, and the secretary shall sell such confiscated property to a licensed dealer or distributor to the best advantage to the state. The proceeds from such sale shall be forthwith remitted to the secretary of revenue as part of the income for the enforcement of this chapter. Such sale by the state shall not relieve the purchaser from paying the tax and stamping the articles so sold to him, as in this chapter otherwise provided destroyed.

    Section 2. That § 10-50-66 be amended to read:

    10-50-66. Any cigarettes or tobacco products found at any place in this state that have been imported in violation of §§ 10-50-65 to 10-50-67, inclusive, are declared to be contraband goods and may be seized without a warrant by the secretary, agents or employees of the secretary, or any law enforcement officer of this state when directed to do so by the secretary. Notwithstanding the provisions of § 10-50-36, cigarettes Cigarettes or tobacco products imported in violation of §§ 10-50-65 to 10-50-67, inclusive, shall be destroyed by the secretary.

     Signed January 31, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\067.wpd
CHAPTER 67

(SB 21)

Money in a qualified escrow fund may be assigned to the state.


        ENTITLED, An Act to authorize certain tobacco manufacturers to assign to the state the interest of the manufacturer in any money in a qualified escrow fund.

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

    Section 1. That chapter 10-50B be amended by adding a NEW SECTION to read:

    Notwithstanding the provisions of § 10-50B-8, a manufacturer that elects to deposit money into a qualified escrow fund pursuant to §10-50B-7 may assign to the state the interest of the manufacturer in any money in the qualified escrow fund.

    An assignment executed under this section is irrevocable and applies to any money and any interest or other appreciation earned on any money for which the manufacturer executes the assignment.

    Section 2. That chapter 10-50B be amended by adding a NEW SECTION to read:

    The parties to a qualified escrow agreement may amend the agreement for the purposes of executing an assignment pursuant to section 1 of this Act.

    An assignment executed pursuant to section 1 of this Act shall be in writing and signed by the assignee and the assignor or by an authorized agent or representative of the assignor. An assignment in writing that is duly executed becomes enforceable after a copy of the assignment is delivered to the attorney general and the financial institution where the qualified escrow fund is maintained.

    Section 3. That chapter 10-50B be amended by adding a NEW SECTION to read:

    Nothing in this Act relieves a manufacturer from any obligation or duty imposed pursuant to this chapter or chapter 10-50.

     Signed February 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\067.wpd

ELECTIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\068.wpd
CHAPTER 68

(HB 1157)

Challenges to candidate nominating petitions.


        ENTITLED, An Act to revise provisions regarding challenges to candidate nominating petitions.

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

    Section 1. That § 12-1-13 be amended to read:

    12-1-13. Within five business days after a nominating, initiative, or referendum petition, excluding petitions for statewide initiative, referendum, or constitutional initiative petitions, is validated and filed with the person in charge of the election, any interested person who has researched the signatures contained on the petition or, for a nominating petition, has researched the information contained in the declaration of candidacy, may submit an affidavit stating that the petition contains deficiencies as to the number of signatures of persons who are eligible to sign the petition or that the declaration of candidacy is not valid. The affidavit shall include an itemized listing of the specific deficiencies in question.

    Any challenge to the following items is prohibited under this challenge process:

            (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 or petition sheets not included in the random sample. This subdivision applies only to petitions for statewide candidates, new party formation petitions, or to local jurisdictions that conduct random sampling; and

            (6)    Petition that was originally rejected.

    All challenges by the same person or party in interest shall be included in one affidavit.

    The original signed affidavit shall be received by the person in charge of that election by 5:00 p.m. local time on the deadline date. If the affidavit challenges any item that is prohibited by this section, only that line item shall be summarily rejected.

    The decision of the secretary of state or the person in charge of the election regarding a challenge under this section may not be challenged a second time with the secretary of state or the person in charge of the election, but may be appealed to the circuit court. Any challenge with the secretary of state may be appealed in Hughes County. An appeal challenging a nominating petition for a primary election, takes precedence over other cases in circuit court. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within ten days of the date of the notice of the entry of the circuit court order.

    A failure to challenge a petition pursuant to in accordance with this section, does not deny a person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.

    Section 2. That § 12-1-14 be amended to read:

    12-1-14. The person in charge of the election shall verify the information contained in the affidavit submitted pursuant to in accordance with § 12-1-13 and make a written declaration regarding the validity of the signatures in question or, for a nominating petition, of the declaration of candidacy. The person in charge of the election shall verify that each person, challenged pursuant to under § 12-1-13, was a registered voter at the time the person signed the petition by using the registration documents on file or, for a nominating petition, that the candidate was a resident of the district at the time the declaration of candidacy was signed, in accordance with § 12-6-3.1, and is a registered voter with a party affiliation in accordance with § 12-6-3.2.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\068.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\069.wpd
CHAPTER 69

(HB 1025)

Voter registration.


        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 § 12-4-5 be amended to read:

    12-4-5. The county auditor shall enter in the master registration file the names name of all each eligible persons who have had their person whose completed applications application for registration and mail registration cards card is received no later than 5:00 p.m. local time at least fifteen days

preceding the election by any the county auditor or any the local, state, or federal agency responsible for conducting voter registration under this chapter no later than 5:00 p.m. local time fifteen days preceding the election. However, any completed mail registration card mailed to the appropriate county auditor and postmarked no less than thirty days preceding an election shall be added to the registration file. A voter registration completed at any local, state, or federal agency during any given week commencing on Tuesday through the following Monday shall be sent to the appropriate county auditor by the agency receiving the registration or mail registration card no later than the following Wednesday. The State Board of Elections may promulgate rules, pursuant to chapter 1-26, for the alternative transmission of voter registration information by computer from the agency to the secretary of state. The name of any voter who has registered to vote by 5:00 p.m. local time fifteen days preceding a runoff election shall be added to the file used for the runoff election.

     Signed February 8, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\069.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\070.wpd
CHAPTER 70

(HB 1008)

Notice requirements changed
for biennial state political party conventions.


        ENTITLED, An Act to revise certain provisions regarding the required notice for biennial state political party conventions.

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

    Section 1. That § 12-5-17 be amended to read:

    12-5-17. Each political party shall hold a state convention in each even-numbered year in which they are necessary for the purposes of stated in § 12-5-21. The time and place of holding such convention shall be determined by the State Central Committee of each political party, the chairman of which state central committee of each political party shall determine the time and place of the convention. The chair of the committee shall notify the secretary of state at least thirty fifteen business days previous prior to the date so chosen.

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\070.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\071.wpd
CHAPTER 71

(SB 77)

Candidates running for more than one office.


        ENTITLED, An Act to revise provisions regarding candidates running for office.

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

    Section 1. That § 12-6-3 be amended to read:

    12-6-3. No A person may not be a candidate for nomination or election to more than one public

office in the same election, except for that a person may be the candidate for any public office and the office of President of the United States or, vice president of the United States, director of a water development district, or director of a consumer power district. However, a candidate for any such office is not prohibited Nothing in this section prohibits a person who is a candidate for public office from being elected to any one or more party offices as may be provided in chapter 12-5.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\071.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\072.wpd
CHAPTER 72

(SB 76)

A candidate for legislative or county office
may be considered for nomination to statewide office.


        ENTITLED, An Act to allow a candidate for legislative or county office to be considered for nomination to statewide office.

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

    Section 1. That § 12-6-3 be amended to read:

    12-6-3. No person person's name may be appear on the primary election ballot as a candidate for nomination or election to more than one public office except for the office of President of the United States or vice president of the United States. However, a A candidate for any such office is not prohibited from being elected to any seeking election to one or more party offices as may be provided in chapter 12-5. If a candidate secures a nomination at a state party convention, the candidate shall withdraw as a candidate from one of the offices and submit the withdrawal to the secretary of state on or before the date on which the secretary of state receives the state party certification.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    No person's name may appear on the general election ballot as a candidate for election to more than one public office except for the office of President of the United States or vice president of the United States.

     Signed March 12, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\072.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\073.wpd
CHAPTER 73

(HB 1026)

Petitions, notices, and statements of convention nominees
and certifications of party officials.


        ENTITLED, An Act to revise certain provisions regarding petitions, notices, and statements of convention nominees and certifications of party officials.

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

    Section 1. That § 12-6-7.1 be amended to read:

    12-6-7.1. Notwithstanding the provisions of § 12-6-7 a nominating petition for a candidate for office in the State Legislature, county political public office, and county party office shall be signed by not less than fifty voters or not less than one percent of the voters who cast their vote for the party's gubernatorial candidate, whichever is less. The petition shall clearly designate the senatorial or representative district number and house for which said individual the person is a candidate.

    Section 2. That § 12-12-1 be amended to read:

    12-12-1. The county auditor or other local election official charged with the conduct of local elections a primary election shall give notice of the offices that are any office to be filled by nomination or by declaration and the deadlines deadline for filing in all official newspapers in the appropriate district, at least once each week for two consecutive weeks, the last publication to be not less than ten nor more than fifteen days before the deadline for filing between the fifteenth and thirtieth day of January in an even-numbered year. A local election official charged with the conduct of a local election shall give notice of any office to be filled by nomination or by declaration and the deadline for filing a nominating petition, in all official newspapers in the locality, at least once each week for two consecutive weeks. The last publication in the notice may not be less than ten nor more than fifteen days before the deadline for filing. The provisions of this section apply unless otherwise provided by law specifically governing the election. That same official

    The person in charge of the election shall give a further notice of each election stating the date and time of the election, and designating each polling places place for the election, in all official newspapers at least once each week for two consecutive weeks, the last publication to be not less than four nor more than ten days before the election. However, for For any secondary election as provided for in under § 12-6-51.1, one notice shall be published along with a copy of the ballot in each of the newspapers newspaper in the state which publish that publishes on Saturday and Sunday. The secretary of state shall direct the newspapers to publish the ballot and notice on the eleventh or twelfth day after the primary election. The secretary of state shall pay all costs of publication.

    Section 3. That § 12-5-14 be amended to read:

    12-5-14. The county central committee of a political party is comprised of precinct committeemen and the precinct committeewomen of each the political party; the state committeemen and committeewomen; the county chairperson, vice-chairperson, and secretary-treasurer or secretary and treasurer; and the elected public officers who reside in the county and other officers as designated by the party's constitution or bylaws, constitute the county central committee of their respective parties. They. A county central committee of a political party shall form their the party organization by electing a county chairperson and other officers as determined by the party's constitution or bylaws. The name and mailing address of the county chairperson shall be certified to the county auditor and state party chairperson immediately following the election of the county chairperson or change of the county chairperson. The name and mailing address of the county officer responsible for the records and reports required pursuant to under chapter 12-27 shall be certified to the secretary of state immediately following the election. The name and mailing address of the state party chairperson shall be certified to the secretary of state immediately following the election or appointment of the state party chairperson.

    Section 4. That chapter 12-25 be amended by adding a NEW SECTION to read:

    Any candidate for United States Senate, United States House of Representatives, Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, commissioner of school and public lands, or state legislator who has been nominated at the convention of a party with alternative political status shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified. A violation of this section is a petty offense. Any intentional violation of this section is a Class 2

misdemeanor.

     Signed February 8, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\073.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\074.wpd
CHAPTER 74

(SB 75)

Who is eligible to serve as a candidate in the event of a vacancy.


        ENTITLED, An Act to revise certain provisions regarding who is eligible to serve as a candidate in the event of a vacancy.

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

    Section 1. That § 12-6-55 be amended to read:

    12-6-55. Any person nominated to any elective office may cause his that person's name to be withdrawn from nomination by request in writing, subscribed and sworn to by him that person before any officer qualified to administer oaths and take acknowledgments. The request shall be filed with the officer with whom the nominating petition was filed pursuant to § 12-6-4, not later than the first Tuesday in August at 5:00 p.m. before the ensuing next election. No person's name so withdrawn shall under this section may be printed upon the ballots to be used at such election for that office unless the same person is subsequently selected to fill the vacancy in accordance with § 12-6-56.

    Section 2. That § 12-6-56 be amended to read:

    12-6-56. If a vacancy occurs by reason of death or withdrawal after a primary election, a party candidate for public office may be replaced by a new nominee chosen if a meeting of the appropriate party central committee is held and the results are certified to the appropriate official within the times prescribed by § 12-8-6. If the vacancy is a party candidate for presidential elector or statewide office, the vacancy shall be filled by the State Party Central Committee. If the vacancy is a party candidate for public office other than presidential elector or statewide office, the vacancy shall be filled by a vote of county party central committee members in attendance who reside in the affected district.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\074.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\075.wpd
CHAPTER 75

(HB 1027)

Vote centers and precinct workers.


        ENTITLED, An Act to revise certain provisions regarding vote centers and precinct workers.

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

    Section 1. That § 12-14-17 be amended to read:

    12-14-17. Notwithstanding any other provision of law, any a jurisdiction may conduct an election

using vote centers pursuant to the provisions of in accordance with this section. The election shall be conducted in conformance accordance with all applicable election laws and rules with the following exceptions other than:

            (1)    The jurisdiction may use vote centers that allow the voters in the jurisdiction to vote at any one of the vote centers in lieu of establishing precincts and wards for the election;

            (2)    Any person who is registered to vote and living in the jurisdiction may be appointed as a polling place superintendent or deputy to any of the vote centers;

            (3)    Secure, encrypted electronic pollbooks shall be used in lieu of paper registration books; and

            (4)    The entire jurisdiction is designated as one voting precinct for this the election; and

            (5)    Any jurisdiction that uses vote centers shall provide a printed paper voter registration list and a printed and bound paper pollbook to each vote center prior to the opening of the polls.

    Section 2. That § 12-16-28 be amended to read:

    12-16-28. The person in charge of an election shall provide paper ballot precincts with a pollbook in the form prescribed by the State Board of Elections for each election precinct for the purposes of § 12-18-5. If any jurisdiction uses electronic pollbooks, but does not use vote centers, the person in charge of the election shall provide a printed paper voter registration list and a printed and bound paper pollbook to each precinct prior to the opening of the polls.

    Section 3. That § 12-15-2 be amended to read:

    12-15-2. Any A precinct superintendent or precinct deputy appointed under the provisions of § 12-15-1 shall be a registered voter and a resident of the precinct for which the person is appointed. If, by the time prescribed in § 12-15-1, the person in charge of the election is unable to appoint a sufficient number of members of the precinct election board are unable to be appointed who meet the requirements under § 12-15-3 by the time prescribed in § 12-15-1, a vacancy may be filled by appointing any registered voter of the county in which the precinct is located provided the voter meets the party distribution required by § 12-15-3.

     Signed February 19, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\075.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\076.wpd
CHAPTER 76

(HB 1098)

Publication of official ballots in a legal newspaper.


        ENTITLED, An Act to revise provisions regarding publication of official ballots in a legal newspaper.

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

    Section 1. That § 12-16-16 be amended to read:

    12-16-16. The county auditor shall publish, in each official newspaper of the county, facsimiles

of the official ballots of each election in which the voters of the entire county participate. The facsimile shall be published at least once in each legal official newspaper in within the two calendar week weeks prior to each election.

     Signed February 19, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\076.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\077.wpd
CHAPTER 77

(SB 114)

Campaign contributions by minors attributed to their parents.


        ENTITLED, An Act to attribute campaign contributions by certain minors to their parents.

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. 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. Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. 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. 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. Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. 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. 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.

    Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. 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. 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. Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. 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 § 12-27-11 be amended to read:

    12-27-11. No person, entity, candidate, or political committee may give or accept a contribution unless the name, mailing address, city and state of the contributor is made known to the person, entity, candidate, or political committee receiving the contribution. In addition to any other information to be made known under this section, the name of the custodial parent or parents of an unemancipated minor who makes a contribution shall be made known. Any contribution, money, or other thing of value received by a candidate or political committee from an unknown source shall

be donated to a nonprofit charitable entity. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\077.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\078.wpd
CHAPTER 78

(HB 1143)

Contribution limits to political action committees.


        ENTITLED, An Act to revise provisions regarding contribution limits to political action committees.

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

    Section 1. That § 12-27-10.4 be amended to read:

    12-27-10.4. For the purpose of the contribution limits established by §§ 12-27-7, 12-27-8, 12-27-9, and 12-27-10, all All political action committees established, financed, maintained, or controlled by the same person or entity, including any parent, subsidiary, branch, division, department, or local unit thereof, are of the person or entity, are affiliated and share a single contribution limit under § 12-27-9, both with respect to contributions made and contributions received.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\078.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\079.wpd
CHAPTER 79

(HB 1092)

Campaign finance disclosure reports.


        ENTITLED, An Act to revise certain provisions regarding campaign finance disclosure reports.

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

    Section 1. 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 All candidates running for a legislative or county office with a recognized political party shall file a pre-primary report if the candidate's name appears on the there is any primary election ballot, race for that particular office in the legislative district or county, and all candidates or candidate campaign committees for a legislative or county office shall file a 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. If a statewide ballot question committee 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 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\079.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\080.wpd
CHAPTER 80

(HB 1189)

Campaign finance violations corrections.


        ENTITLED, An Act to provide for a period to cure certain campaign finance violations.

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:

    Prior to bringing a charge against any person who is subject to a Class 2 misdemeanor under this chapter, the agent of the state who is bringing the charge shall provide the person with a period, not

in excess of seven days, during which the person may cure the violation.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\080.wpd

EDUCATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\081.wpd
CHAPTER 81

(SB 23)

Obsolete provisions repealed
regarding the Department of Education.


        ENTITLED, An Act to revise certain references to repealed or obsolete provisions regarding the Department of Education.

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

    Section 1. That § 13-6-4 be amended to read:

    13-6-4. Reorganization of school districts shall meet the requirements set forth in §§ 13-6-5 and § 13-6-7, and the standards for proposed school districts as adopted by the South Dakota Board of Education Standards.

    Section 2. That subdivision (2A) of § 13-13-10.1 be amended to read:

            (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; and

            (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;

     Signed February 8, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\081.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\082.wpd
CHAPTER 82

(SB 55)

The national motto of the United States
to be displayed in public schools.


        ENTITLED, An Act to require the national motto of the United States to be displayed in 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:

    Beginning in the 2019-2020 school year, the national motto of the United States, "In God We Trust," shall be displayed in each public school. The display shall be located in a prominent location within each public school. The display may take the form of a mounted plaque, student artwork, or any other appropriate form as determined by the school principal. The display shall be easily readable and may be no smaller than twelve inches wide by twelve inches high.

    For the purposes of this section, a prominent location is a school entryway, cafeteria, or other common area where students are most likely to see the national motto display.

    Section 2. That chapter 13-24 be amended by adding a NEW SECTION to read:

    For any lawsuit brought or any complaint filed against a school district, an employee of a school district, the board of a school district, or a member thereof as a result of a school district displaying the national motto of the United States in accordance with section 1 of this Act, the attorney general shall provide legal representation at no cost to the school district, employee, school board, or member of the school board.

    In addition to the expenses of representation, the state shall assume financial responsibility for any other related expense incurred by the school district, an employee, the board, or member thereof, including any award for monetary damages, attorney's fees, and costs for which the school district, an employee, the board, or a member thereof would be otherwise responsible.

     Signed March 18, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\082.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\083.wpd
CHAPTER 83

(HB 1044)

Children subject to military relocation
may apply for enrollment in a school district.


        ENTITLED, An Act to authorize certain children who are subject to a pending military relocation to apply for enrollment in a school district.

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

    Section 1. That § 13-28-9 be amended to read:



    13-28-9. School residence for the purpose of claiming free school privileges means the legal residence of the student's parents or guardian except as provided in § 13-28-10. If a parent or guardian has more than one residence, the school residence is the residence where the parent or guardian actually lives and makes a home or domicile. In case of dispute, if the student's parent or guardian has claimed a credit pursuant to § 10-13-39, it is presumed that the dwelling so claimed is the residence of the parent or guardian. The student or the student's parents or guardian may not establish school residence and be exempt from the payment of tuition if the residence of the parents or guardian of the student is acquired solely or principally for obtaining free school privileges. At the time a child is enrolled in a school district, the school residence of the child as determined by that school district within thirty days after the enrollment may not change during the school fiscal year, unless the child ceases to be an enrolled member of a school within the district. If a student's parents or guardians are separated or divorced, the school residence is the school district in which the custodial parent or guardian has residence. If the parents or guardian have joint custody of a student, school residence is that of the parent or guardian with whom the child resides the greater portion of the school year.

    Notwithstanding the provisions of any other law, if the parent or guardian of a child is transferred to or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order, the child meets the residency requirement for free school privileges in the school district in which the parent or guardian resides or will reside.

    For the purposes of this section, a military installation is a base, camp, post, station, yard, center, or other installation under the jurisdiction of the United States Department of Defense.

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\083.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\084.wpd
CHAPTER 84

(SB 84)

The possession and administration of opioid antagonists
by school personnel.


        ENTITLED, An Act to authorize the possession and administration of opioid antagonists by school district and nonpublic school personnel, and to declare an emergency.

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

    Section 1. That chapter 13-33A be amended by adding a NEW SECTION to read:

    The governing board of a school district and the governing board of a nonpublic school may acquire opioid antagonists in accordance with current state law and administrative rule, and make the medication available to personnel who are trained in accordance with section 2 of this Act.

    Section 2. That chapter 13-33A be amended by adding a NEW SECTION to read:

    Before school personnel may administer an opioid antagonist in the event of a suspected opioid overdose, training must be provided by an individual qualified to do so. The training must include:

            (1)    Symptoms of an opiate overdose;

            (2)    Protocols and procedures for administering an opioid antagonist;

            (3)    Symptoms of adverse responses to an opioid antagonist;

            (4)    Protocols and procedures for stabilizing the patient if an adverse response occurs; and

            (5)    Procedures for transporting, storing, and securing an opioid antagonist.

    Section 3. That chapter 13-33A be amended by adding a NEW SECTION to read:

    No school district, administrator, school board member, school nurse, or designated school personnel possessing or making available opioid antagonists in accordance with state law, and no health care professional providing training in relation thereto, may be held liable for any injury or related damage that results from the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes, ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an opioid antagonist does not constitute the practice of medicine. The immunity provided under this section is in addition to, and not in lieu of, any other immunity provided by law.

    Section 4. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\084.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\085.wpd
CHAPTER 85

(SB 182)

The special education property tax levy for school districts
and the state aid to special education formula.


        ENTITLED, An Act to revise the special education property tax levy for school districts and to revise the state aid to special education formula.

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

    Section 1. That § 13-37-16 be amended to read:

    13-37-16. For taxes payable in 2019 2020, and each year thereafter, the school board shall levy no more than one dollar and fifty-six sixty-one and seven tenth six tenths cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount so determined to be necessary, and the levy shall be spread against all of the taxable property of the district. The proceeds derived from 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 2. That § 13-37-35.1 be amended to read:



    13-37-35.1. Terms used in chapter 13-37 mean:

            (1)    "Level one disability," a mild disability;

            (2)    "Level two disability," cognitive disability or emotional disorder;

            (3)    "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

            (4)    "Level four disability," autism;

            (5)    "Level five disability," multiple disabilities;

            (5A)    "Level six disability," prolonged assistance;

            (6)    "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

            (7)    "Local effort," shall be calculated for taxes payable in 2019 2020 and thereafter using a special education levy of one dollar and thirty-six forty-one and seven tenth six tenths cents per one thousand dollars of valuation;

            (8)    "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2018 2019, is $5,527.09 $5,665.27. 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 index factor;

            (9)    "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 2018 2019, is $12,756.08 $13,074.98. 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 index factor;

            (10)    "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 2018 2019, is $16,258.12 $16,664.57. 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 index factor;

            (11)    "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 2018 2019, is $15,766.80 $16,160.97. 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 index factor;

            (12)    "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 2018 2019, is $28,161.22 $28,865.25. 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 index factor;

            (12A)    "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, 2018 2019, is $8,111.33 $8,314.11. 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 index factor;

            (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 $1.367 $1.416. The maximum effort factor is 1.0.

     Signed March 27, 2019
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CHAPTER 86

(HB 1001)

The allocations for the disability levels
in the state aid to special education formula, revised.


        ENTITLED, An Act to revise the timing of the recalculation of the allocations for the disability levels in the state aid to special education formula.

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

    Section 1. That § 13-37-35.2 be amended to read:

    13-37-35.2. In fiscal year 2004 and every three years thereafter, the The Department of Education shall recalculate the amounts of the allocations for the disability levels defined in § 13-37-35.1. The recalculation shall be based on statewide average expenditures as reported to the Department of Education in school district annual reports by disability for the previous three school fiscal years. A recalculation shall take place in fiscal year 2020 and every two years thereafter, and the recalculated rates take effect in the year following a recalculation.

     Signed March 7, 2019
_______________
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CHAPTER 87

(SB 1)

The Extraordinary Cost Oversight Board, membership revised.


        ENTITLED, An Act to add a legislator to the membership of the Extraordinary Cost Oversight Board, to establish the board in statute, and to repeal the administrative rules creating the board.

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

    Section 1. That chapter 13-37 be amended by adding a NEW SECTION to read:

    There is hereby established an Extraordinary Cost Oversight Board within the Department of

Education. The board shall review all school district requests for extraordinary cost funds as provided in § 13-37-40. The board shall meet at least once a year and recommend to the secretary of education those school districts that should be approved for extraordinary cost fund expenditures and those school districts that should not be approved for extraordinary cost fund expenditures. The secretary has the final authority to approve or deny extraordinary cost fund expenditures.

    Section 2. That chapter 13-37 be amended by adding a NEW SECTION to read:

    The oversight board established in section 1 of this Act shall consist of seven members. The membership shall include one member of the Legislature appointed by the Executive Board of the Legislative Research Council, and six members appointed by the secretary of education. The members appointed by the secretary shall include representatives from each of the following:

            (1)    The Department of Education;

            (2)    A school district with a fall enrollment of six hundred or more;

            (3)    A school district with a fall enrollment of more than two hundred, but less than six hundred; and

            (4)    A school district with a fall enrollment of two hundred or less.

    The secretary shall use a staggered appointment schedule when appointing members, and no member may serve on the board for more than five years. The secretary shall also appoint alternate board members to serve in place of any board member representing a school district who may have a conflict of interest. An alternate shall serve the same term as the equivalent board appointee.

    Section 3. That § 13-37-46 be amended to read:

    13-37-46. The secretary of the Department of Education shall promulgate and review rules which further define special education processes regarding student identification, and the placement committee process, and create an extraordinary cost oversight board. Any appeal of a local district's determination relating to special education or special education and related services shall be referred to the secretary of the Department of Education. The hearing shall be conducted by the secretary in accordance with the contested case provisions of chapter 1-26. The secretary of the Department of Education shall report to the Legislature in January 1996, on the progress of the department in exercising the above rule-making authority with a final set of rules delivered to the Governor and Legislature by November 1, 1995. In addition, the secretary shall prepare a model for the statewide implementation of §§ 13-37-35.1 to 13-37-46, inclusive, including a report of cost allocation figures of §§ 13-37-35.1 to 13-37-46, inclusive, to be delivered to the Governor and Legislature by November 1, 1995.

    Section 4. That ARSD 24:05:33.01:01 be repealed.

    Section 5. That ARSD 24:05:33.01:02 be repealed.

    Section 6. That ARSD 24:05:33.01:03 be repealed.

    Section 7. That ARSD 24:05:33.01:04 be repealed.

     Signed March 13, 2019
_______________
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CHAPTER 88

(SB 43)

Tax revenue and funding to a collaborative program
in rural veterinary medical education.


        ENTITLED, An Act to redirect funding to a collaborative program in rural veterinary medical education and to provide tax revenue for the support of veterinary students.

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

    Section 1. That § 13-49-20.14 be amended to read:

    13-49-20.14. The Board of Regents may negotiate and enter into contractual agreements with Iowa State University the University of Minnesota or a future other accredited institution of higher education collaborating with South Dakota State University veterinary program for final degree completion, to reserve spaces for South Dakota resident State University students entering the course of completing the remaining requirements for a degree in veterinary medicine.

    Section 2. 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 used for veterinary student tuition grants, for South Dakota residents in the South Dakota State University veterinary program, South Dakota State University veterinary program operations, and the operations and activities conducted by the State Animal Disease Research and Diagnostic Laboratory established in § 13-58-13. The amount of funding initially dedicated for to establish the tuition grants and the laboratory South Dakota State University veterinary program operations 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 designated for South Dakota students at the Iowa State University veterinary program in fiscal year 2020, of which at least seventy-five percent shall be used to fund tuition grants for South Dakota residents in the program. The portion designated for tuition grants shall be adjusted annually based on the difference between the prior year and current year tuition rate for veterinary program at the University of Minnesota, or other future accredited institution of higher education collaborating with South Dakota State University veterinary program for final degree completion. An additional amount of two hundred fifty thousand dollars shall be used 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 3. That § 10-46-17.5 be amended to read:

    10-46-17.5. The use in this state of pesticides Pesticides, as defined in § 38-20A-1 to be used exclusively for agricultural purposes is specifically exempted, are exempt 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 used for veterinary student tuition grants, for South Dakota residents in the South Dakota State University veterinary program, South Dakota State University veterinary program operations, and the operations and activities conducted by the State Animal Disease Research and Diagnostic Laboratory established in § 13-58-13. The amount of funding initially dedicated for to establish the tuition grants and the laboratory South Dakota State University veterinary program operations 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 designated for South Dakota students at the Iowa State University veterinary program in fiscal year 2020, of which at least seventy-five percent shall be used to fund tuition grants for South Dakota residents in the program. The portion designated for tuition grants shall be adjusted annually based on the difference between the prior year and current year tuition rate for the veterinary program at the University of Minnesota, or other future accredited institution of higher education collaborating with South Dakota State University veterinary program for final degree completion. An additional amount of two hundred fifty thousand dollars shall be used 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 4. That the code be amended by adding a NEW SECTION to read:

    At least six of the students receiving tuition grants each year pursuant to this Act shall be required to complete the graduate veterinary medicine education requirements to become a practicing veterinarian, commence practicing veterinary medicine in South Dakota within one year of graduation, and continue practicing veterinary medicine in South Dakota for at least four years thereafter. The Board of Regents shall enforce the requirements of the program in accordance with its authority as set forth in § 13-49-20.5.

     Signed March 11, 2019
_______________
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CHAPTER 89

(SB 44)

An appropriation to the Board of Regents to sell
extraneous real property and to purchase other real property,


        ENTITLED, An Act to revise the permanent endowment trust, to authorize the Board of Regents to sell certain extraneous real property and to purchase certain real property, to make an appropriation of sale proceeds, and to declare an emergency.

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

    Section 1. The Legislature hereby removes from the permanent endowment trust for the state universities that real estate and fixtures with a total cumulative appraised value of one million five hundred sixty thousand five hundred dollars and described and known as:

            (1)    Known as the Box Elder real estate:

                Tract B, less Lot H1, of Parcel No. 3 and Lot 1 of Parcel No. 5, all in Tract A-101, located in the E ½ NE ¼ Section 25, Township 2N, Range 8, East of the Black Hills Meridian, County of Pennington, State of South Dakota;

            (2)    Known as the Highmore real estate:

                NW ¼ Section 11, Township 112N, Range 72, West of the 5th P.M., County of Hyde, State of South Dakota;

            (3)    Known as the West River Agricultural Center:

                Tract F of Foundation Springs Business Park, City of Rapid City, Pennington County, South Dakota, consisting of 1.1 acres, more or less;

and replaces those properties in the permanent endowment trust for the state universities with that real estate and fixtures on the campus of South Dakota State University, with an appraised value of one million five hundred sixty thousand five hundred dollars and described as:

                NE1/4SE1/4, NE1/4NW1/4SE1/4, and the NE1/4SE1/4NW1/4SE1/4, all in Section 24, of Township 110 North, Range 50 West of the 5th P.M. containing 52.5 acres more or less;

thereby, complying fully with the Legislature's constitutional charge never to diminish the permanent endowment trust for the state universities.

    Section 2. 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, after making the trust whole pursuant to S.D. Const., Art. VIII, § 7, sell all or any portion of the following real estate and any related personal property and improvements located on the property:

            (1)    Known as the Box Elder real estate:

                Tract B, less Lot H1, of Parcel No. 3 and Lot 1 of Parcel No. 5, all in Tract A-101, located in the E ½ NE ¼ Section 25, Township 2N, Range 8, East of the Black Hills Meridian, County of Pennington, State of South Dakota;

            (2)    Known as the Highmore real estate:

                NW ¼ Section 11, Township 112N, Range 72, West of the 5th P.M., County of Hyde, State of South Dakota;

            (3)    Known as the West River Agricultural Center:

                Tract F of Foundation Springs Business Park, City of Rapid City, Pennington County, South Dakota, consisting of 1.1 acres, more or less;

            (4)    Known as the Volga Grassland:

                E ½ of the E ½ of Section 32; W ½ of Section 33; SE ¼ (except the west 165 feet of SE ¼ of the SW ¼ of the SE ¼) of Section 33; all in Township 111N, Range 51W of the 5th P.M., County of Brookings, State of South Dakota.

    Real estate and related personal property and improvements on the property which are generally considered a part of the tracts described in this section, but not specifically included in the legal descriptions set out in this section, may be sold as provided in this Act as though the property and improvements were specifically described in this section.

    Section 3. The real estate and other property described in section 2 of this Act shall be appraised by the board of appraisal established by § 5-9-3 and may be sold in any manner authorized by law, subject to all applicable constitutional reservations.



    The proceeds from the sale authorized by section 2 of this Act, net of any costs associated with the preparation for sale and subsequent sale of the real estate and other property, shall be deposited into the real property acquisition and capital improvement fund for the South Dakota State University, as provided in §§ 5-2-2.1 to 5-2-2.3, inclusive.

    Section 4. The Board of Regents may purchase, on behalf of South Dakota State University, sites comprising 137.32 total acres, more or less, of real property and improvements, which site is known as the Bothe real estate described as:

                N1/2 SW1/4 - 15-110-50, consisting more or less of 77.45 acres; and S1/2 SW1/4 Except Lots H-1 and H-2 and Outlot "A" of the SW1/4 SW1/4 and Exc Blk 1 Bothe Addn - 15-110-50 consisting more or less of 59.87 acres, all in the County of Brookings, State of South Dakota.

    Section 5. The proceeds from the sale of properties under this Act and as authorized for sale in chapter 105 of the 2016 Session Laws are hereby appropriated, or so much thereof as may be necessary, for the purposes authorized in this Act and to complete and make whole the purchases authorized by chapter 122 of the 2018 Session Laws, pursuant to § 5-2-2.3.

    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 20, 2019
_______________
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CHAPTER 90

(HB 1037)

Appropriation to the Board of Regents for the construction
of a sports complex at Northern State University.


        ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a regional sports complex at Northern State University and to make an appropriation therefor.

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

    Section 1. The Board of Regents may contract for the planning, site preparation, construction, furnishing, and equipping of a regional sports complex comprised of a football stadium and a softball stadium, spectator seating, restrooms, concession stand, locker rooms, media area, club room, service 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 thirty-three million dollars, subject to permitted adjustments pursuant to section 3 of this Act.

    Section 2. There is hereby appropriated the sum of thirty-three million dollars ($33,000,000), 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 are stated in terms of 2018 values. The Board of Regents may adjust the cost estimates to reflect inflation, as measured by the building cost index published 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. Any adjustments to construction cost estimates 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. Administration of the design and construction of the project authorized in this Act is 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 8, 2019
_______________
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CHAPTER 91

(HB 1038)

Appropriation to demolish Scobey Hall.


        ENTITLED, An Act to authorize the demolition of 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 SDSU Building 504, Scobey Hall, located on Lot 13, Block 12 in Morehouse Addition to the City of Brookings, consisting of forty-three thousand six hundred eighty-seven 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 five hundred ninety-three thousand dollars ($593,000) in other fund expenditure authority, or so much thereof as may be necessary, 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 13, 2019
_______________
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CHAPTER 92

(SB 40)

Transfer real property to the Animal Industry Board.


        ENTITLED, An Act to authorize the transfer of certain real property to the Animal Industry Board.

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

    Section 1. At the request of the Board of Regents and the Governor, the commissioner of school and public lands shall transfer title to the existing Animal Disease Research and Diagnostic Laboratory building, SDSU Building 2175 and 2175A, located on the campus of South Dakota State University in the Northwest Quarter (NW ¼) of Section Twenty-four (24), Township One Hundred Ten (110) North, Range Fifty (50) West, Brookings County, South Dakota, to the Animal Industry Board. Title will be transferred for the purposes of reconciling payment for the reconstruction, renovation, modernization, furnishing and equipping facilities and related infrastructure at the existing building, SDSU Building 2175 and 2175A, pursuant to section 1 of chapter 43 of the 2017 Session Laws.

    Section 2. Notwithstanding the transfer of title pursuant to section 1 of this Act, the Animal Disease Research and Diagnostic Laboratory operated therein shall continue as provided in § 13-58-13.

    Section 3. Upon payment of the balance of rental payments made under the terms of any lease entered into pursuant to section 4 of chapter 43 of the 2017 Session Laws, or if the building ceases to be used for the purposes contained in section 2 of this Act, title to the building, including any improvements, shall revert to the Board of Regents for the use and benefit of South Dakota State University.

     Signed March 11, 2019
_______________
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CHAPTER 93

(HB 1007)

The twelve-month residency requirement
for university students, changed.


        ENTITLED, An Act to revise certain provisions regarding the exemptions from the twelve-month residency requirement for university students.

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

    Section 1. That § 13-53-24 be amended to read:

    13-53-24. A person entering the state from another state or country does not at that time acquire residence become a resident for the purpose purposes of §§ 13-53-23 to 13-53-41, inclusive, unless, except as provided in §§ 13-53-29 or 13-53-29.1, such to 13-53-29.2, inclusive, the person is a resident for twelve months in order to qualify as a resident student for tuition and fee purposes.



    Section 2. That § 13-53-29.2 be amended to read:

    13-53-29.2. Any person living in the state shall be classified as a resident student without meeting the twelve-month residency requirement within South Dakota pursuant to the provisions of § 13-53-24 if the person receives veteran's educational benefits pursuant to the provisions of chapters 30, 31, and 33, Title 38, of the United States Code as of January 1, 2015 2019.

     Signed February 13, 2019
_______________
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CHAPTER 94

(HB 1087)

Intellectual diversity at institutions of higher education.


        ENTITLED, An Act to promote free speech and intellectual diversity at certain institutions of higher education.

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

    Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:

    As used in this Act:

            (1)    "Expressive activity," protected under the provisions of this Act includes any lawful noncommercial verbal or written means by which one person communicates ideas to another, and includes peaceful assembly, protests, speeches, distribution of literature, the carrying of signs, and the circulation of petitions; and

            (2)    ''Intellectual diversity," denotes a learning environment that exposes students to and encourages exploration of a variety of ideological and political perspectives.

    Section 2. That chapter 13-53 be amended by adding a NEW SECTION to read:

    The Board of Regents shall require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics in an environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any institution under its control may attempt to shield individuals from constitutionally protected speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

    Section 3. That chapter 13-53 be amended by adding a NEW SECTION to read:

    Any outdoor area within the boundaries of a public institution of higher education constitutes a designated public forum for the benefit of students, faculty, administrators, other employees, and their invited guests, to engage in expressive activity, unless access to the area is otherwise properly restricted.

    A public institution of higher education may maintain and enforce lawful reasonable time, place, and manner restrictions regarding the use of the outdoor areas described in this section, if such restrictions are clear, narrowly tailored in the service of a significant institutional interest, published, content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity. Any such restrictions shall allow students, faculty, administrators, and other employees to

spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Nothing in this section shall be interpreted as limiting the right of students, faculty, administrators, and other employees to engage in protected expressive activity elsewhere within the boundaries of the institution. An institution may not designate any area within its boundaries as a free speech zone or otherwise restrict expressive activities to particular areas within its boundaries in a manner that is inconsistent with this section.

    Section 4. That chapter 13-53 be amended by adding a NEW SECTION to read:

    A public institution of higher education, its faculty, administrators, and other employees, may not discriminate against any student or student organization based on the content or viewpoint of their expressive activity. Funds allocated to student organizations shall be distributed in a nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and use of, facilities at a public institution of higher education shall be equally available to all student organizations, regardless of the ideological, political, or religious beliefs of the organization.

    An institution may not prohibit an ideological, political, or religious student organization from requiring that its leaders or members of the organization affirm and adhere to the organization's sincerely held beliefs, comply with the organization's standards of conduct, or further the organization's mission or purpose, as defined by the organization.

    Section 5. That chapter 13-53 be amended by adding a NEW SECTION to read:

    On or before December first of each year, the Board of Regents shall prepare and submit to the Governor and each member of the legislature a report that:

            (1)    Sets forth all actions taken by each institution to promote and ensure intellectual diversity and the free exchange of ideas; and

            (2)    Describes any events or occurrences that impeded intellectual diversity and the free exchange of ideas.

     Signed March 20, 2019
_______________
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CHAPTER 95

(SB 140)

Increase enrolled members of the nine federally recognized tribes
in South Dakota at regental institutions.


        ENTITLED, An Act to provide for the increase of higher education enrolled members of the nine federally recognized tribes in South Dakota at regental institutions.

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

    Section 1. That chapter 13-53 be amended by adding a NEW SECTION to read:

    The Board of Regents is hereby authorized to develop programs to increase enrollment and improve retention and student supports for any student who is a member of one of the nine federally recognized tribes in South Dakota at state institutions, including exploration of tuition assistance or waiver programs.

    The Board of Regents shall report to the Legislature by July first of each year on the activities and progress made in regard to this Act, beginning July 1, 2020.

     Signed March 27, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\096.wpd
CHAPTER 96

(HB 1040)

The opportunity scholarship program, requirements changed.


        ENTITLED, An Act to establish certain provisions regarding the opportunity scholarship program.

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

    Section 1. That chapter 13-55 be amended by adding a NEW SECTION to read:

    In order to be eligible for a South Dakota opportunity scholarship pursuant to this section, a student who received alternative instruction pursuant to §§ 13-27-2 to 13-27-9, inclusive, shall:

            (1)    Be a resident of this state;

            (2)    Obtain a composite score of at least twenty-four on the ACT or a comparable score on the Scholastic Aptitude Test as determined by the Board of Regents;

            (3)    Provide a transcript of completed coursework that is issued by the parent or guardian listed on the certificate of excuse and which includes:

            (a)    Four or more units of language arts, including:

            (i)    One and one-half units of writing;

            (ii)    One and one-half units of literature, one-half unit of which must be American literature;

            (iii)    One-half unit of speech or debate; and

            (iv)    One-half unit of a language arts elective;

            (b)    Three or more units of social studies, including:

            (i)    One unit of U.S. history;

            (ii)    One-half unit of U.S. government;

            (iii)    One-half unit of geography;

            (iv)    One-half unit of world history; and

            (v)    One-half unit of a social studies elective;

            (c)    Four units of mathematics, including:

            (i)    One unit of algebra I;

            (ii)    One unit of geometry;

            (iii)    One unit of algebra II; and

            (iv)    One unit of advanced math;

            (d)    Four units of science, at least three of which must be laboratory science, including:

            (i)    One unit of biology;

            (ii)    One unit of any physical science;

            (iii)    One unit of chemistry or physics; and

            (iv)    One unit of science electives;

            (e)    Two units of either of the following or a combination of the two:

            (i)    Career and technical education; and

            (ii)    World languages;

            (f)    One-half unit of personal finance or economics;

            (g)    One unit of fine arts;

            (h)    One-half unit of physical education; and

            (i)    One-half unit of health or health integration;

            (4)    Attend a university, college, or technical school that is accredited by the Higher Learning Commission and provides instruction from a campus located in this state; and

            (5)    Enter into the program:

            (a)    Within five years after the conclusion of the school year in which the student graduated, while being excused from school attendance in accordance with §§ 13-27-2 to 13-27-9, inclusive; or

            (b)    Within one year after the conclusion of the school year in which the student was discharged from active duty with the armed forces, provided the discharge occurred within five years after the conclusion of the school year in which the student graduated, while being excused from school attendance in accordance with §§ 13-27-2 to 13-27-9, inclusive.

    If a student attends full-time a regionally accredited university, college, or technical school, located outside this state, and within two years from the end of the school year in which the student graduated, while being excused from school attendance in accordance with §§ 13-27-2 to 13-27-9, inclusive, or within two years after the conclusion of the school year in which the student was discharged from active duty with the armed forces, as set forth in subsection (b) of subdivision (5), returns to the state to attend full-time a regionally accredited university, college, or technical school, the student is eligible to receive a partial award.

    A student is eligible to participate in the South Dakota opportunity scholarship program for the

equivalent of eight consecutive fall and spring semesters or until the attainment of a baccalaureate degree, whichever comes first. The Board of Regents may grant exceptions to the continuous enrollment requirement upon a showing of good cause.

    Section 2. That chapter 13-55 be amended by adding a NEW SECTION to read:

    Except as otherwise provided in this section, if a student who would otherwise have been eligible for a South Dakota opportunity scholarship applies after completing at least one semester of full-time work at a regionally accredited university, college, or technical school, the student shall demonstrate compliance with the same credit hour requirements that apply to program participants. A scholarship provided under these circumstances is not retroactive and a student's eligibility is reduced by one semester for each semester of work that the student had completed.

    Section 3. That chapter 13-55 be amended by adding a NEW SECTION to read:

    The Board of Regents shall promulgate rules under chapter 1-26 to:

            (1)    Establish the minimum credit hours required for full-time enrollment;

            (2)    Establish the time and manner in which a student may request an exception to the continuous semester enrollment requirement;

            (3)    Establish the manner in which academic course and grade equivalents are determined in the case of transfer students;

            (4)    Establish the time and manner in which applications for scholarships must be submitted and reviewed;

            (5)    Establish the time and manner in which students are to be notified of decisions pertaining to the award of an opportunity scholarship; and

            (6)    Establish the time and manner in which students may contest any decision regarding the award or continuance of a scholarship.

No rule promulgated in accordance with this section may impose greater requirements or consequences than those imposed on students who are awarded a scholarship under §§ 13-55-31 to 13-55-35, inclusive.

     Signed February 13, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\097.wpd
CHAPTER 97

(SB 96)

A tax credit for contributions
to a scholarship granting organization.


        ENTITLED, An Act to expand application of the tax credit for contributions to a scholarship granting organization.

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

    Section 1. That chapter 13-65 be amended by adding a NEW SECTION to read:



    Any company may claim a premium tax credit as provided in § 13-65-2 to reduce quarterly payments required by § 10-44-2. Claims for tax credits on quarterly payments shall be reported to the Division of Insurance on a form prescribed by the director. Pursuant to § 13-65-8, a company must report the amount and specify, at the time of contribution, the quarter to which the premium tax credit shall be applied. No tax credit claimed under this section may reduce a quarterly payment otherwise required by § 10-44-2 to an amount less than zero. A company shall report all reductions in quarterly payments pursuant to this section on its annual premium tax return.

    Section 2. That § 13-65-2 be amended to read:

    13-65-2. The partners in education tax credit program is hereby established. Through the program, any company that is liable to pay the insurance company premium and annuity tax, pursuant to § 10-44-2, may claim credit for contributions made to the scholarship granting organization. The tax credit may be claimed by the company on the annual premium tax return in an amount equal to, equaling up to eighty one hundred percent, of the total contributions made to the scholarship granting organization in the previous taxable year. However, no

    No tax credit may be claimed pursuant to this chapter for the portion of the tax that is collected and set aside for workers' compensation coverage as provided in subdivision 10-44-2(4) or for the tax that is levied on fire insurance premiums pursuant to § 10-44-9.

     Signed March 18, 2019
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COURTS AND JUDICIARY

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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\098.wpd
CHAPTER 98

(SB 163)

Jury lists.


        ENTITLED, An Act to revise certain provisions regarding jury lists.

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

    Section 1. That § 16-13-4.1 be amended to read:

    16-13-4.1. For the purposes of this chapter, the jury selection list shall be prepared using electronic means by the state court administrator's office and shall consist of the current voter registration list obtained from the secretary of state, supplemented by the list of persons eighteen years of age and over holding a valid driver license or a state-issued nondriver identification card. The state court administrator's office shall annually merge these lists, and purge duplicate listings, to create an accurate jury selection list for preparing the master juror list in each county. The state court administrator's office may specify that the supplemental driver license list and nondriver identification card lists be compiled from a list of those drivers within the county who have renewed, updated, or applied for a driver license in the last two years or from a list of persons in the county who have renewed, updated, or applied for a state-issued nondriver identification card in the last two

years. The jury selection list may not be distributed, sold, or duplicated for any other purpose.

     Signed March 11, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\099.wpd
CHAPTER 99

(HB 1046)

The attorney recruitment assistance program, revised.


        ENTITLED, An Act to revise certain provisions regarding the attorney recruitment assistance program.

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

    Section 1. That § 16-23-4 be amended to read:

    16-23-4. Any attorney licensed to practice in South Dakota is eligible to may participate in the recruitment assistance program established pursuant to this chapter under § 16-23-1. The A participating attorney shall agree to practice in an eligible rural county or municipality for at least five years. No more than a total of thirty-two attorneys may participate in the program at any time. No attorney may be added to the program after July 1, 2022.

     Signed March 20, 2019
_______________
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OATHS AND ACKNOWLEDGMENTS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\100.wpd
CHAPTER 100

(HB 1272)

Electronic and remote notarization.


        ENTITLED, An Act to provide for remote notarization.

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

    Section 1. That chapter 18-1 be amended by adding a NEW SECTION to read:

    Terms in this Act mean:

            (1)    "Acknowledgment," a declaration by a person before a notarial officer that the person has signed a document for the purpose stated in the document and, if the document is signed by a representative who is:

            (a)    An authorized officer, agent, partner, trustee, or other representative of a person other than a natural person;

            (b)    A public officer, personal representative, guardian, or other representative in the capacity stated in a document;

            (c)    An attorney-in-fact for a natural person; or

            (d)    An authorized representative of another person in any other capacity, that the representative signed the document with proper authority and signed it as the act of the person identified in the document;

            (2)    "Communication technology," an electronic device or process that allows a notarial officer and a person not in the physical presence of the notarial officer to communicate with each other simultaneously by sight and sound;

            (3)    "Notarial act," an act that a notarial officer may perform under the laws of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument;

            (4)    "Notarial officer," a notary public or other person authorized to perform a notarial act;

            (5)    "Verification on oath or affirmation," a declaration, made by a person on oath or affirmation before a notarial officer, that a statement in a document is true.

    Section 2. That chapter 18-1 be amended by adding a NEW SECTION to read:

    A notarial officer in this state, while located in this state, may perform by means of communication technology a notarial act executed on a document by a person who appears before, but is not in the physical presence of the notarial officer if the notarial officer:

            (1)    Has personal knowledge of the identity of a person through dealings sufficient to provide reasonable certainty that the person has the identity being claimed;

            (2)    Affixes the notarial officer's signature to the original tangible document executed by the person;

            (3)    Indicates in the notarial certificate the remote location of the person executing the document;

            (4)    Indicates in the notarial certificate that the notarial act involved a statement made or a signature executed by a person not in the physical presence of the notarial officer, but appearing by means of communication technology; and

            (5)    Is able reasonably to confirm that the document before the notarial officer is the same document in which the person made the statement or on which the person executed a signature.

    Section 3. That § 18-1-3.1 be amended to read:

    18-1-3.1. Each notary public A notarial officer shall have a seal which that shall be used for the purpose of acknowledging documents a document. The seal shall be of a type approved by the secretary of state and shall contain at least the following:

            (1)    The notary's notarial officer's name;

            (2)    The words, South Dakota;

            (3)    The words, notary public; and

            (4)    A border surrounding the imprint.

    In addition, A seal may be a rubber stamp or a physical device capable of affixing to or embossing on a tangible document. A rubber stamp seals seal shall have contain the word, seal.

    If a seal is used by a notary public, the notary public shall write, or print by a device made for such printing, below the seal's imprint or print and if not provided by the form, the words, my commission expires, and shall provide a date therefor A notarial officer shall indicate the date on which the notarial officer's commission expires below the seal under this section.

    Section 4. That § 18-1-7 be amended to read:

    18-1-7. A notary public person who is personally interested directly or indirectly, or as a stockholder, officer, agent, attorney, or employee of any other person or party to any a transaction concerning which he the person is exercising any performing the function of his office as such a notary public, may make any certificates certificate, take any acknowledgments acknowledgment, administer any oaths oath, or do any other official acts act as such a notary public with the same legal force and effect as if he the person had no such interest except that he cannot do any of such things in connection with any interest, provided the instrument which shows or document does not show upon its face that he the person is a principal party thereto to the instrument or document.

    Section 5. That § 18-1-11 be amended to read:

    18-1-11. It is a Class 2 misdemeanor for any notary public to affix his A person is guilty of a Class 2 misdemeanor if the person is a notarial officer who affixes the person's official signature to documents when any document when the parties to the transaction memorialized in the document have not appeared before him the person either in-person or in accordance with section 2 of this Act.

    Section 6. That § 18-1-12.1 be amended to read:

    18-1-12.1. It is A person is guilty of a Class 1 misdemeanor for a if the person to act as a notary public or to affix a signature to a document as a notary public if the person has not first obtained performs a notarial act on any document without first obtaining a commission from the secretary of state pursuant to this chapter under § 18-1-4.

    Section 7. That § 18-4-10 be amended to read:

    18-4-10. The acknowledgment of an instrument performed in the presence of a person making the acknowledgment must not be taken unless the officer taking it knows or has satisfactory evidence on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument; or, if executed by a corporation, that the person making such acknowledgment is an officer of the corporation authorized to execute the instrument.

     Signed March 18, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\101.wpd
CHAPTER 101

(HB 1072)

The Uniform Unsworn Domestic Declarations Act,
correct a definition.


        ENTITLED, An Act to correct a definition in the Uniform Unsworn Domestic Declarations Act.

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

    Section 1. That § 18-7-2 be amended to read:

    18-7-2. The terms in this chapter 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.

     Signed March 1, 2019
_______________
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EVIDENCE

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\102.wpd
CHAPTER 102

(HB 1074)

The privilege to refuse to disclose information.


        ENTITLED, An Act to provide a privilege for journalists and newscasters regarding refusal to disclose information.

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

    Section 1. That chapter 19-2 be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Journalist," any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or photographing news for publication in or with a newspaper, magazine, news agency, press association, wire service, or other professional medium or agency that has as one of its principal functions the processing and researching of news intended for publication. The term includes any person who is an employee of, or who is otherwise affiliated for pay with, the medium or agency and any student enrolled at an accredited university, college, or technical school in this state who otherwise meets the requirements of this subdivision;

            (2)    "Magazine," any publication containing news that is published and distributed periodically for at least one year, has a paid circulation, and has been entered with the United States Postal Service as periodicals-class material;

            (3)    "News," any written, oral, pictorial, photographic, or electronically recorded information or communication concerning local, national, or worldwide events or other matters of public concern or public interest or affecting the public welfare;

            (4)    "News agency," any organization that supplies news to subscribing newspapers, magazines, periodicals, and news broadcasters;

            (5)    "Newscaster," any person who, for pay, is engaged in gathering, preparing, collecting, writing, editing, filming, taping, or broadcasting news on a radio or television station licensed by the Federal Communications Commission. The term includes any student enrolled at an accredited university, college, or technical school in this state who meets the requirements of this subdivision;

            (6)    "Newspaper," any legal newspaper as defined under §§ 17-2-2.1 to 17-2-2.5, inclusive;

            (7)    "Press association," any association of newspapers or magazines formed to gather and distribute news to its members;

            (8)    "Wire service," any news agency that provides syndicated news copy by wire to subscribing newspapers, magazines, periodicals, or news broadcasters.

    Section 2. That chapter 19-2 be amended by adding a NEW SECTION to read:

    A journalist or newscaster who is or has previously been employed by or otherwise associated with any newspaper, magazine, news agency, press association, wire service, radio or television transmission station or network has a privilege to refuse to disclose, and to prevent any other person from disclosing, any information obtained or received in confidence, or the identity of the source of the information, if the journalist or newscaster:

            (1)    Obtains or receives the information, with or without solicitation, in the course of gathering or obtaining news for publication in a newspaper, magazine, or for broadcast by a radio or television transmission station or network; and

            (2)    Is employed by or otherwise associated in a news-gathering capacity with the newspaper, magazine, or radio or television transmission station or network.

    Section 3. That chapter 19-2 be amended by adding a NEW SECTION to read:

    Notwithstanding any other law, a court in connection with any civil or criminal proceeding, the Legislature, any agency or other public body in the state having the power of contempt, may not hold in contempt any journalist or newscaster for asserting the privilege under section 2 of this Act. A grand jury may not request any court to hold any journalist or newscaster in contempt for asserting the privilege under section 2 of this Act.

    Section 4. That chapter 19-2 be amended by adding a NEW SECTION to read:

    The privilege asserted in accordance with section 2 of this Act applies to any information the journalist or newscaster refuses to disclose, notwithstanding whether:

            (1)    A court, the Legislature, or any agency or public body in the state deems the information to be highly relevant to a particular proceeding or inquiry; or

            (2)    The information is published or otherwise publicly released.

    Section 5. That chapter 19-2 be amended by adding a NEW SECTION to read:

    Any information obtained in violation of section 2 of this Act is inadmissible in any action, proceeding, or hearing before the Legislature, any court, or any other agency or public body in the state.

    Section 6. That chapter 19-2 be amended by adding a NEW SECTION to read:

    No fine or term of imprisonment may be imposed upon any journalist or newscaster for asserting a privilege in accordance with section 2 of this Act.

    Section 7. That chapter 19-2 be amended by adding a NEW SECTION to read:

    The privilege asserted in accordance with section 2 of this Act applies to any supervisor or employer having authority over the journalist or newscaster, including any faculty advisor, educational institution, newspaper, magazine, or television or transmission station or network that is associated with an accredited college, university, or technical school in this state.

     Signed March 7, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\103.wpd
CHAPTER 103

(HB 1155)

Privileged communications
between social workers and students.


        ENTITLED, An Act to provide for certain privileged communications between social workers and students.

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

    Section 1. That § 19-19-508.1 be amended to read:

    19-19-508.1. No counselor or school psychologist, certificated in accordance with the certification regulations of the South Dakota Board of Education Standards, or social worker licensed under chapter 36-26 and regularly employed as a counselor or, school psychologist, or social worker for a private or public elementary or secondary school or school system in the State of South Dakota, may divulge to any other person, or be examined concerning any information or communication given to the counselor or, school psychologist, or social worker in the counselor's or, school psychologist's, or social worker's official capacity by a student unless:

            (1)    This privilege is waived in writing by the student; or

            (2)    The information or communication was made to the counselor or, school psychologist, or social worker for the express purpose of being communicated or of being made public; or

            (3)    The counselor or, school psychologist, or social worker has reason to suspect, as a result of that information or communication, that the student or some other persons have been subjected to child abuse or that the student's physical or mental health or the physical or mental health of other persons may be in jeopardy.

     Signed March 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\103.wpd

PERSONAL RIGHTS AND OBLIGATIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\104.wpd
CHAPTER 104

(SB 189)

A fund created to receive civil recoveries
to offset costs incurred by riot boosting.


        ENTITLED, An Act to establish a fund to receive civil recoveries to offset costs incurred by riot boosting, to make a continuous appropriation therefor, and to declare an emergency.

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

    Section 1. That chapter 20-9 be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Civil recoveries," funds received by the state from any third party as damages resulting from violations of chapter 22-10 that cause the state or a political subdivision to incur costs arising from riot boosting under section 2 of this Act;

            (2)    "Person," any individual, joint venture, association, partnership, cooperative, limited liability company, corporation, nonprofit, other entity, or any group acting as a unit;

            (3)    "Political subdivision," a county or municipality;

            (4)    "Riot," the same as the term is defined under § 22-10-1; and

            (5)    "Secretary," the secretary of the Department of Public Safety.

    Section 2. That chapter 20-9 be amended by adding a NEW SECTION to read:

    In addition to any other liability or criminal penalty under law, a person is liable for riot boosting, jointly and severally with any other person, to the state or a political subdivision in an action for damages if the person:

            (1)    Participates in any riot and directs, advises, encourages, or solicits any other person participating in the riot to acts of force or violence;

            (2)    Does not personally participate in any riot but directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence; or

            (3)    Upon the direction, advice, encouragement, or solicitation of any other person, uses force or violence, or makes any threat to use force or violence, if accompanied by immediate power of execution, by three or more persons, acting together and without authority of law.

    Section 3. That chapter 20-9 be amended by adding a NEW SECTION to read:

    A person is subject to the jurisdiction of the courts of this state for riot boosting that results in a riot in this state, regardless of whether the person engages in riot boosting personally, or through any employee, agent, or subsidiary.

    Evidence is not admissible in an action for riot boosting action that shows that any damages, in whole or in part, were paid by a third party. Notwithstanding any other law, any action arising under section 2 this Act is governed by the procedural and substantive law of this state.

    Any action for riot boosting shall be for the exclusive benefit of the state, political subdivision, or an otherwise damaged third party, and shall be brought in the name of the state or political subdivision. The state, a political subdivision, or any third party having an interest in preventing a riot or riot boosting may enter into an agreement to establish joint representation of a cause of action under section 2 of this Act.

    Section 4. That chapter 20-9 be amended by adding a NEW SECTION to read:

    The plaintiff in an action for riot boosting may recover both special and general damages, reasonable attorney's fees, disbursements, other reasonable expenses incurred from prosecuting the

action, and punitive damages. A defendant who solicits or compensates any other person to commit an unlawful act or to be arrested is subject to three times a sum that would compensate for the detriment caused. A fine paid by a defendant for any violation of chapter 22-10 may not be applied toward payment of liability under section 2 of this Act.

    Section 5. That chapter 20-9 be amended by adding a NEW SECTION to read:

    There is established in the state treasury the riot boosting recovery fund. Money in the fund may be used to pay any claim for damages arising out of or in connection with a riot or may be transferred to the pipeline engagement activity coordination expenses fund. Interest earned on money in the fund established under this section shall be credited to the fund. The fund is continuously appropriated to the Department of Public Safety, which shall administer the fund. All money received by the department for the fund shall be set forth in an informational budget pursuant to § 4-7-7.2 and be annually reviewed by the Legislature.

    The secretary shall approve vouchers and the state auditor shall draw warrants to pay any claim authorized by this Act.

    Any civil recoveries shall be deposited in the fund.

    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 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\104.wpd

JUDICIAL REMEDIES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\105.wpd
CHAPTER 105

(HB 1070)

The judgment by confession procedure, revised.


        ENTITLED, An Act to revise the procedure for judgment by confession.

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

    Section 1. That § 21-26-1 be amended to read:

    21-26-1. A judgment by confession may be entered without action docketed, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter.

    Section 2. That § 21-26-5 be amended to read:

    21-26-5. The defendant's verified statement shall be presented to the court or a judge thereof, and if, after notice and hearing, which may not be waived, it is found sufficient, the court or judge shall

render judgment accordingly, whereupon it may be filed in the office of the clerk who shall docket it.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\105.wpd

CRIMES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\106.wpd
CHAPTER 106

(SB 115)

Conditional carrying of a concealed pistol in the state capitol.


        ENTITLED, An Act to authorize the conditional carrying of a concealed pistol in the state capitol by certain persons.

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

    Section 1. That § 22-14-22 be amended to read:

    22-14-22. For the purposes of §§ 22-14-23 to 22-14-28, inclusive, the:

            (1)    The term, county courthouse, means the state capitol or any building occupied for the public sessions of a circuit court, with its various offices. The term includes, including any building appended to or used as a supplementary structure to a county courthouse; and

            (2)    The term, state capitol, includes any building appended to or used as a supplementary structure to the state capitol.

    Section 2. That § 22-14-23 be amended to read:

    22-14-23. Except as provided in § 22-14-24, any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse or in the state capitol, or attempts to do so, is guilty of a Class 1 misdemeanor.

    Section 3. That § 22-14-24 be amended to read:

    22-14-24. The provisions of § 22-14-23 do not apply to:

            (1)    The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or who is an officer of the court;

            (2)    Possession The possession of a firearm or other dangerous weapon by a judge or magistrate;

            (3)    The possession of a firearm or other dangerous weapon by a federal or state official or by a member of the armed services, if such possession is authorized by law; or

            (4)    The possession of a concealed pistol in the state capitol by a qualified law enforcement officer or a qualified retired law enforcement officer in accordance with the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. § 926B-C;

            (5)    The possession of a concealed pistol anywhere in the state capitol, other than in the Supreme Court chamber or other access-controlled private office under the supervision of security personnel, by any person not otherwise referenced in this section, provided:

            (a)    The person possessing the concealed pistol holds an enhanced permit issued in accordance with § 23-7-53;

            (b)    At least twenty-four hours prior to initially entering the state capitol with a concealed pistol, the person notifies the superintendent of the Division of Highway Patrol, orally or in writing, that the person intends to possess a concealed pistol in the state capitol;

            (c)    The notification required by this subdivision includes the date on which or the range of dates during which the person intends to possess a concealed pistol in the state capitol, provided the range of dates may not exceed thirty consecutive days; and

            (d)    The notification required by the subdivision may be renewed, as necessary and without limit; and

            (6)    The lawful carrying of firearms, a firearm or other dangerous weapons weapon in a county courthouse incident to hunting, or a hunter safety or a gun safety course or to for any other lawful purposes.

    Section 4. That § 22-14-25 be amended to read:

    22-14-25. Nothing Except for the authorizations set forth in § 22-14-24, nothing in this chapter limits the power of a court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons, within any building housing such court or any of its proceedings, or upon any grounds pertinent to such building.

    Section 5. That § 22-14-26 be amended to read:

    22-14-26. Notice of the provisions of § 22-14-23 shall be posted conspicuously at each public entrance to each a county courthouse and the state capitol.

    Section 6. That § 22-14-28 be amended to read:

    22-14-28. By a majority of the members-elect, the county commission in any county may elect to waive the provisions of § 22-14-23 that apply to a county courthouse.

     Signed March 18, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\106.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\107.wpd
CHAPTER 107

(HB 1193)

Criminal penalty for causing an abortion
against a pregnant mother's will.


        ENTITLED, An Act to provide a criminal penalty for causing an abortion against a pregnant mother's will.

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

    Section 1. That chapter 22-17 be amended by adding a NEW SECTION to read:

    Any person who threatens to commit:

            (1)    Homicide, murder, or manslaughter under chapter 22-16; or

            (2)    Aggravated assault under § 22-18-1.1; or

            (3)    Kidnapping under chapter 22-19;

against the pregnant mother or any other person within the pregnant mother's presence with the intent to cause the pregnant mother to undergo an abortion against her will that results in the death of the unborn human being as defined under § 34-23A-1 is guilty of a Class B felony. A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.

     Signed March 20, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\107.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\108.wpd
CHAPTER 108

(SB 74)

Enhanced penalties for multiple convictions.


        ENTITLED, An Act to revise provisions regarding multiple convictions for certain offenses.

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

    Section 1. That § 22-18-1 be amended to read:

    22-18-1. Any A person who is guilty of simple assault, a Class 1 misdemeanor, if the person:

            (1)    Attempts to cause bodily injury to another and has the actual ability to cause the injury;

            (2)    Recklessly causes bodily injury to another;

            (3)    Negligently causes bodily injury to another with a dangerous weapon;

            (4)    Attempts by physical menace or credible threat to put another in fear of imminent bodily

harm, with or without the actual ability to harm the other person; or

            (5)    Intentionally causes bodily injury to another which does not result in serious bodily injury;

is guilty of simple assault. Simple assault is a Class 1 misdemeanor. However, if
. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of § 22-18-1 simple assault under this section, simple assault or aggravated assault under § 22-18-1.05, aggravated assault under § 22-18-1.1, assault under § 22-18-26, intentional contact with bodily fluids under § 22-18-26.1, or assault under § 22-18-29 within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense.

     Signed March 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\108.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\109.wpd
CHAPTER 109

(HB 1063)

Sexual activity for a fee or other compensation.


        ENTITLED, An Act to revise provisions regarding engaging in sexual activity for a fee or other compensation.

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

    Section 1. That § 26-8B-2 be amended to read:

    26-8B-2. In For purposes of this chapter and chapter 26-7A, the term, a child in need of supervision, means is a child:

            (1)    Any child of Of compulsory school age who is habitually absent from school without legal excuse;

            (2)    Any child who Who has run away from home or is otherwise beyond the control of the child's parent, guardian, or custodian;

            (3)    Any child whose Whose behavior or condition endangers the child's own welfare or the welfare of others;

            (4)    Any child who Who has violated any federal, or state, law or regulation or local law or regulation ordinance for which there is not a penalty of a criminal nature for an adult, except violations other than a violation of subdivision 34-46-2(2), or a petty offenses offense; or

            (5)    Any child who Who has violated § 32-23-21 or 35-9-2 or 32-23-21; or

            (6)    Who engages in prostitution by offering to engage in sexual activity for a fee or other compensation.

    Section 2. That § 22-23-1 be amended to read:

    22-23-1. Any A person aged sixteen who is eighteen years of age or older and who engages in or offers to engage in sexual activity for a fee or other compensation is guilty of prostitution. Prostitution is, a Class 1 misdemeanor.



    Section 3. That § 22-23-9 be amended to read:

    22-23-9. Any A person who hires or attempts to hire another person for a fee or other compensation to engage in sexual activity is guilty of a Class 1 misdemeanor. However, if the A person has been who is convicted of, or has 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 7, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\109.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\110.wpd
CHAPTER 110

(HB 1050)

The use and possession of scanning devices
and reencoders, regulated.


        ENTITLED, An Act to revise certain provisions regarding the use and possession of scanning devices and reencoders.

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

    Section 1. That § 22-40-12 be amended to read:

    22-40-12. No A person may use is guilty of a Class 6 felony if the person directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud. A violation of this section is a Class 6 felony or encoded on a chip embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.

    Section 2. That § 22-40-13 be amended to read:

    22-40-13. No A person may use is guilty of a Class 6 felony if the person directly or indirectly uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card or encoded on a computer chip embedded on a payment card onto the magnetic strip or stripe or computer chip of a different payment card without the permission of the authorized user of the payment card from which the information is being reencoded and with the intent to defraud. A violation of this section is a Class 6 felony, the issuer of the authorized user's payment card, or a merchant.

    Section 3. That § 22-40-14 be amended to read:

    22-40-14. No A person may own or possess is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use such the scanning device or reencoder to defraud. A violation of this section is a Class 1 misdemeanor obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.

    A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or reencoder with knowledge that a person other than an authorized user, the issuer of the authorized user's payment card, or a merchant intends to use the scanning device or reencoder to obtain information encoded or embedded on a payment card without the permission of the authorized user, the issuer of the authorized user's payment card, or any merchant.

    Section 4. That § 22-40-11 be amended to read:

    22-40-11. Terms used in §§ 22-40-11 to 22-40-14, inclusive, mean:

            (1)    "Reencoder," any electronic device that places encoded information from the magnetic strip or stripe of a payment card or a computer chip embedded in a payment card onto the magnetic strip or stripe or computer chip of a different payment card;

            (2)    "Scanning device," any scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe or on a computer chip of a payment card.

     Signed March 18, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\110.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\111.wpd
CHAPTER 111

(HB 1198)

Activities that define human trafficking.


        ENTITLED, An Act to define activities that constitute human trafficking.

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

    Section 1. That § 22-49-1 be amended to read:

    22-49-1. No person may recruit, harbor, transport, provide, receive, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. No person may benefit financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section. Any violation of this section constitutes the crime of human trafficking. If the victim is under eighteen years of age, the crime of human trafficking need not involve force, fraud, or coercion.

    For purposes of this section and § 22-49-3, the term, coercion, may include:

            (1)    The use of a plan, statement, or pattern of behavior, with the intent of causing a person to believe that failure to perform an act will result in the use of physical force or violence against the person or will result in the person's restraint, isolation, confinement, or abduction;

            (2)    Inducing a person to provide commercial sexual activity as payment toward or in satisfaction of a real or purported debt; and

            (3)     The use of a person's physical or mental impairment, if that impairment has a substantial adverse effect on the person's cognitive or volitional function.

    Section 2. That § 22-49-3 be amended to read:

    22-49-3. A person is guilty of human trafficking in the second degree if that person:

            (1)    Recruits, harbors, transports, provides, or obtains, by any means, another person knowing that force, fraud, or coercion, as defined in § 22-49-1, will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude; or

            (2)    Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section.

    Human trafficking in the second degree is a Class 4 felony.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\111.wpd

LAW ENFORCEMENT

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\112.wpd
CHAPTER 112

(HB 1180)

The collection and storage of sexual assault kit evidence.


        ENTITLED, An Act to revise certain provisions regarding the collection and storage of sexual assault kit evidence.

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

    Section 1. That § 23-5C-2 be amended to read:

    23-5C-2. Any A health care facility examining or treating a victim of rape or sexual assault shall give the victim, or a victim or witness assistant, the option of reporting the rape or sexual assault to an appropriate law enforcement agency. A health care facility may not require the victim to report the rape or sexual assault in order to receive an examination or treatment for the rape or sexual assault.

    A health care facility administering that examines or treats a victim of rape or sexual assault with a sexual assault kit that has obtained written consent to shall release the sexual assault kit evidence shall notify the to the investigating law enforcement agency, if known, or the law enforcement agency with local of the jurisdiction, within twenty-four hours after obtaining the consent where the examination or treatment occurs in accordance with § 23-5C-3. The health care facility shall inform the victim that the sexual assault kit will be preserved by law enforcement for a period of at least one year from the date of the examination or treatment before it is destroyed. Any examination or treatment under this section shall include the preservation of confidentiality of any test, procedure, or sample that may serve as evidence in the prosecution for the rape or sexual assault.

    Section 2. That § 23-5C-3 be amended to read:

    23-5C-3. Any A health care facility that has not obtained consent to release any sexual assault kit evidence shall inform the person from which the evidence was collected of its sexual assault kit evidence storage policy. Any information provided under this section shall include the period of time for which that evidence shall be stored before it is destroyed, and how the person may have the evidence released to the investigating law enforcement agency at a later point. Any evidence not released to a law enforcement agency shall be stored for a minimum of one year before it is destroyed shall assign a code number to a sexual assault kit, and provide the code number to the victim as well as information identifying the law enforcement agency where the kit will be stored. The health care facility shall maintain the code record for at least one year from the date the health care facility examined or treated the victim. The health care facility may not affix to the sexual assault kit any

information of the victim's identity other than the code number under this section. The law enforcement agency to which the health care facility releases the sexual assault kit under § 23-5C-3 shall retrieve the sexual assault kit, containing no identifying information of the victim other than the code number affixed by the health care facility, within seventy-two hours following the date on which the sexual assault kit is assigned a code number under this section. The health care facility shall coordinate the transfer of the sexual assault kit to the law enforcement agency in a manner designed to protect the victim's confidentiality and preserve the evidentiary integrity of the sexual assault kit. If a victim, or a victim or witness assistant, exercises the option of reporting the rape or sexual assault to a law enforcement agency, the code number under this section shall be provided by the victim to the law enforcement agency where the kit is being stored and used to identify the appropriate sexual assault kit.

    Section 3. That § 23-5C-4 be amended to read:

    23-5C-4. A For any rape or sexual assault that is reported by a victim under § 23-5C-2, the law enforcement agency that receives notice that a sexual assault kit evidence has been released shall take possession of the evidence from the health care facility within fourteen days of receiving the notice. The agency that takes possession of the evidence in accordance with §§ 23-5C-2 and 23-5C-3 shall follow standard protocol to submit the evidence to the Division of Criminal Investigation or another accredited laboratory for analysis within no more than fourteen days of receiving the evidence following the agency's receipt of the sexual assault kit. Any sexual assault kit that is submitted to the Division of Criminal Investigation or another accredited laboratory shall be analyzed within ninety days.

    Any DNA record for a sexual assault kit analyzed under this section shall be uploaded into a database specified by the Division of Criminal Investigation. Any failure to comply with this chapter does not constitute grounds for challenging the validity of a DNA database match or of any database information in a criminal proceeding. A DNA record may not be excluded as evidence by a court solely on the grounds of failure to comply with this chapter.

    Section 4. That § 23-5C-5 be repealed.

    Section 5. That § 23-5C-6 be repealed.

    Section 6. That § 23-5C-7 be repealed.

     Signed March 21, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\112.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\113.wpd
CHAPTER 113

(SB 47)

The permit to carry a concealed pistol, requirements changed.


        ENTITLED, An Act to repeal and revise certain provisions regarding permits to carry a concealed pistol.

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

    Section 1. That § 22-14-9 be repealed.

    Section 2. That § 22-14-9.1 be repealed.


    Section 3. That § 22-14-10 be repealed.

    Section 4. That § 22-14-11 be repealed.

    Section 5. That § 22-14-27 be amended to read:

    22-14-27. It is not a defense A defendant to a prosecution under § 22-14-23 may not claim as a defense that the defendant was the holder of a concealed weapons permit to carry a concealed pistol issued pursuant to §§ 23-7-7 and 23-7-7.1 under chapter 23-7.

    Section 6. 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. 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 computer check of available on-line records and the National Instant Criminal Background Check. The issuance of a permit to carry a concealed pistol under this chapter, or the recognition of nonresident permits to carry a concealed pistol under § 23-7-7.4, does not impose a general prohibition on the carry of a pistol without a permit.

    Section 7. That § 23-7-7.1 be amended to read:

    23-7-7.1. A temporary permit to carry a concealed pistol shall be issued to a person under § 23-7-7 within five days of application to a person if the applicant person:

            (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 violation 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;

            (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 8. That § 23-7-7.2 be amended to read:



    23-7-7.2. No An issuing authority, that has issued the a permit to carry a concealed pistol in conformity accordance with this chapter, is may not be held civilly liable to any injured person or his the person's estate for any injury suffered, including any action for any wrongful death or property damage suffered, because of the issuance of a concealed weapons permit, or temporary the issuing authority issued the permit, to any person. For purposes of this section, the Division of Criminal Investigation is considered an issuing authority when issuing a certificate of completion pursuant to § 23-7-59.

    Section 9. That § 23-7-7.4 be amended to read:

    23-7-7.4. Any valid permit to carry a concealed pistol, issued to a nonresident of South Dakota, is valid in South Dakota according to the terms of its issuance in the state of its issue, but only to the extent that the terms of issuance comply with any appropriate South Dakota statute or promulgated rule. However, if the holder of such a nonresident permit to carry a concealed pistol becomes, at any time, a legal resident of South Dakota, the provisions of this section no longer apply. This section does not require a nonresident of this state who may lawfully possess a pistol to have a permit in order to carry a concealed pistol in this state.

    Section 10. That § 22-14-9.2 be amended to read:

    22-14-9.2. Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to §§ 23-7-7.3, 22-14-9.1, 22-14-9.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. Any violation of this section is a Class 1 misdemeanor.

    Section 11. That § 23-7-8.1 be amended to read:

    23-7-8.1. The secretary of state shall prescribe the form of the permit to carry a concealed pistol, the form of the enhanced permit to carry a concealed pistol, and the form of the gold card permit to carry a concealed pistol pursuant to § 23-7-8. Each permit shall list the applicant's name, address, the expiration date, and the issuance date of the permit. The enhanced permit to carry a concealed pistol must shall clearly designate that the permit is enhanced and the gold card permit must shall clearly designate that it is a gold card permit to carry a concealed pistol. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Nothing in this section prevents any law enforcement officers officer, Department of Corrections employees employee, parole agents agent, security guards guard employed on the premises, and or any other public officials official, with the written permission of the sheriff, from carrying a concealed weapons weapon in the performance of their that person's duties or prevents home or business owners from carrying concealed weapons on their property pursuant to § 22-14-11.

    Section 12. That § 23-7-8.13 be amended to read:

    23-7-8.13. Upon the expiration of a permit to carry a concealed pistol that was issued pursuant to this chapter, the permit holder has a sixty-day grace period to renew the permit. During the grace period, the permit holder may continue to carry a concealed pistol and the permit holder is not in violation of § 22-14-9.

    Notwithstanding this provision, a law enforcement officer may issue a warning ticket to any permit holder during the grace period who is carrying a concealed pistol with an expired permit. The warning ticket shall provide notification that the permit holder's permit is expired and that the permit holder has sixty days from the expiration date to renew the permit.

    Section 13. That § 23-7-9 be amended to read:



    23-7-9. When a Any pistol that is delivered, the pistol shall be securely wrapped and shall be unloaded. A pistol that is securely wrapped and delivered to a purchaser pursuant to this section is not a concealed weapon under § 22-14-9. A violation of this section is a Class 1 misdemeanor.

    Section 14. That chapter 23-7 be amended by adding a NEW SECTION to read:

    A person may not carry a concealed pistol in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages.

    Section 15. That chapter 23-7 be amended by adding a NEW SECTION to read:

    A person who is under the age of eighteen years of age may not carry a concealed pistol except in the presence of a parent or legal guardian.

     Signed January 31, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\113.wpd

CRIMINAL PROCEDURE

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\114.wpd
CHAPTER 114

(SB 164)

Procedure to investigate
missing and murdered indigenous persons.


        ENTITLED, An Act to establish procedures for the investigation of certain missing and murdered indigenous persons.

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

    Section 1. That § 23-3-18.1 be amended to read:

    23-3-18.1. The director of the Division of Criminal Investigation shall prepare guidelines and uniform procedures for the reporting of and investigation of missing persons, including missing and murdered indigenous women and children, and runaways. Such The director shall distribute the guidelines shall be distributed by the director to law enforcement agencies within the state.

    The director of the Division of Criminal Investigation may further shall establish training programs in the area of for law enforcement personnel regarding the conduct of investigations into missing persons, including missing and murdered indigenous women and children, and the provision of runaway assistance for the education of law enforcement personnel within the state.

    Section 2. That chapter 23-3 be amended by adding a NEW SECTION to read:

    The Division of Criminal Investigation shall collect data and share information on missing and murdered indigenous persons in cooperation with similar divisions, bureaus, or departments of other states, tribal governments or law enforcement agencies, county or municipal governments and law

enforcement agencies, the Bureau of Indian Affairs of the U.S. Department of the Interior, or the Bureau of Investigation of the U.S. Department of Justice.

     Signed March 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\114.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\115.wpd
CHAPTER 115

(HB 1047)

Licensed psychologist recommendations
for treatment as a condition for probation.


        ENTITLED, An Act to revise certain provisions regarding recommendations for treatment as a condition for probation.

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

    Section 1. That § 23A-27-40 be amended to read:

    23A-27-40. If a defendant is found "guilty but mentally ill" and is placed on probation, the sentencing court, upon recommendation of a licensed psychiatrist or a licensed psychologist, shall make treatment a condition of probation. Reports as specified Any report required by the sentencing court shall be filed with the court service department and the sentencing court. The defendant's failure to continue treatment, except by agreement with the treating agency and the sentencing court, is basis for commencing a probation revocation hearing and grounds for probation revocation.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\115.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\116.wpd
CHAPTER 116

(HB 1003)

Deferred imposition of sentence, eligibility changed.


        ENTITLED, An Act to revise eligibility for a deferred imposition of sentence.

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

    Section 1. That § 23A-27-53 be amended to read:

    23A-27-53. After receiving a plea of guilty for a violation of § 22-42-5 or 22-42-5.1, a court that has jurisdiction of the defendant may, without entering a judgment of guilt, and with the consent of the defendant, defer the imposition of sentence and place the defendant on probation or fully suspend a penitentiary sentence and place the defendant on parole for a period, terms, and conditions as the court deems best. The conditions shall include that the defendant complete a drug and alcohol evaluation and complete any recommended course of treatment. If after one year, the defendant has successfully completed the course of treatment and complied with all conditions of probation or parole, the court shall dismiss the charge under § 22-42-5 or 22-42-5.1 upon the defendant pleading guilty to ingestion under § 22-42-15 or possession under § 22-42-15.1. If the defendant violates any conditions of probation or parole, the court or the Board of Pardons and Paroles shall revoke the

deferred imposition of sentence and impose and execute the sentence. No person who has previously been granted a deferred imposition of sentence is eligible to be granted a second deferred imposition of sentence. A defendant is ineligible for the deferred imposition of sentence under this section if aggravating circumstances exist as defined by § 22-6-11. A defendant serving a sentence under the supervision of the executive branch is not eligible for a deferred imposition of sentence.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\116.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\117.wpd
CHAPTER 117

(HB 1061)

A court order to test for HIV at the request of crime victims.


        ENTITLED, An Act to provide for a court order to test for HIV at the request of victims of certain crimes.

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

    Section 1. That chapter 23A-35B be amended by adding a NEW SECTION to read:

    A victim, or a victim or witness assistant, may request in writing to the state's attorney that a defendant or juvenile against whom an information, indictment, or petition is presented for a crime in which, by force or threat of force, the defendant or juvenile compelled the victim to engage in sexual activity be tested for HIV by the Department of Health, and that a search warrant be obtained for the purpose of taking a blood sample from the defendant or juvenile to test for HIV. A request under this section shall state that the victim believes there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim, and shall state the factual basis for believing the exchange occurred.

    Upon motion, a court of competent jurisdiction shall hold a hearing at which both the victim and defendant or juvenile may be present. If the court finds probable cause that the defendant or juvenile committed the offense and that there was an exchange of blood, semen, or other bodily fluids from the defendant or juvenile to the victim, the court shall order a search warrant for the purpose of taking a blood sample from the defendant or juvenile to test for HIV in accordance with § 23A-35B-4. A blood sample shall be taken within forty-eight hours of the date of the request under this section or, if later, the date on which the information, indictment, or petition was:

            (1)    Presented or filed, and the defendant or juvenile was taken into custody; or

            (2)    Served on the defendant or juvenile.

    The court shall include in the order a requirement for any follow-up test for HIV that is medically appropriate based on the results of the initial test. Payment for any test for HIV under this section shall be in accordance with § 23A-35B-4. The victim, the victim or witness assistant, and the defendant shall be notified in accordance with § 23A-35B-4 of the results of any test for HIV under this section.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\117.wpd



PENAL INSTITUTIONS, PROBATION AND PAROLE

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\118.wpd
CHAPTER 118

(HB 1005)

The Board of Pardons and Paroles
may make clemency recommendations.


        ENTITLED, An Act to authorize a hearing panel of the Board of Pardons and Paroles to make clemency recommendations.

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

    Section 1. That § 24-13-4.6 be repealed.

    Section 2. That § 24-15A-10 be amended to read:

    24-15A-10. The chair of the board may designate panels of two or more board members to conduct hearings pursuant to this chapter and chapters 24-13, 24-14, and 24-15, take testimony, and take final action, exclusive of a clemency recommendation to the Governor in accordance with § 24-13-4.6.

    Section 3. That § 24-15A-11 be amended to read:

    24-15A-11. No person may be paroled or denied parole, recommended for clemency, nor may a person's parole be revoked or rescinded without the concurrence of two board members.

    Section 4. That chapter 24-15A be amended by adding a NEW SECTION to read:

    A denial of a pardon recommendation by a panel shall be reviewed by the board. The board may adopt, modify, or reject the denial and recommend a pardon.

     Signed January 31, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\118.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\119.wpd
CHAPTER 119

(HB 1004)

Parole date calculation changed.


        ENTITLED, An Act to revise parole date calculation provisions.

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 minus any suspended time 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, burglary in the second degree if committed before July 1, 2006, arson, kidnapping, felony sexual contact as defined in § 22-22-7, 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, 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, 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  

    The application of the violent or nonviolent column of the grid is based on whether the inmate's current sentence is for a violent or nonviolent crime. Any prior felony shall be considered regardless of whether it is violent or nonviolent when determining which percentage to apply to the inmate's parole date calculation. 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 §§ 24-15A-55 to 24-15A-68,

inclusive. 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 January 31, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\119.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\120.wpd
CHAPTER 120

(HB 1006)

Parole reports and plans, requirements changed.


        ENTITLED, An Act to revise the time requirements for parole reports and plans.

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

    Section 1. That § 24-15A-35 be amended to read:

    24-15A-35. At least thirty days prior to an inmate's initial parole date, the warden shall notify the board in writing of the inmate's substantive compliance or noncompliance with the inmate's individual program directive. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the compliance report shall be completed no later than seven calendar days from the date of the application of the credits. If there is insufficient information for the warden to determine substantive compliance or noncompliance, the warden shall report a finding of undetermined compliance to the board. The warden shall also notify the inmate in writing of the warden's report of substantive compliance, noncompliance, or undetermined compliance. At least thirty days prior to an inmate's subsequent, discretionary parole hearing, the warden shall submit to the board an updated report of the inmate's conduct and progress since the last hearing.

    Section 2. That § 24-15A-36 be amended to read:

    24-15A-36. At least thirty days prior to an inmate's parole date, the inmate shall submit a parole release plan to the executive director of the board. If an award of earned discharge credit moves an inmate's initial parole date to within thirty days, the inmate shall submit the release plan upon completion of the plan. This plan will include the inmate's proposed residence, employment, or means of support, and any specialized treatment, counseling, or educational services the inmate proposes to be involved with upon parole. This plan is subject to approval by the executive director of the board. The executive director may require an inmate to modify a release plan prior to approval.

     Signed January 31, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\120.wpd



DOMESTIC RELATIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\121.wpd
CHAPTER 121

(SB 143)

Visitation rights of a person
causing conception by rape or incest.


        ENTITLED, An Act to revise visitation rights of a person causing conception by rape or incest.

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

    Section 1. That § 25-4A-20 be amended to read:

    25-4A-20. If it is in the best interest of the child, the court may prohibit, revoke, or restrict visitation rights to a child for any person who has caused the child to be conceived as a result of rape or incest. There shall be a rebuttable presumption that it is not in the best interest of the child for the court to place the child in the custody of or to grant visitation rights to a person that the court has found by a standard of clear and convincing evidence to have committed an act of rape or incest against the other parent that resulted in the conception of the child. The court may revoke visitation rights upon such a finding.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\121.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\122.wpd
CHAPTER 122

(HB 1067)

Adult adoption.


        ENTITLED, An Act to revise certain provisions regarding adult adoption.

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

    Section 1. That § 25-6-18 be amended to read:

    25-6-18. An adult may adopt another adult by filing a petition requesting the adoption with the judge of the circuit court, together with an agreement in writing that the person being adopted shall be treated in all respects as a natural child of the petitioner. Written consent of the adopted person shall also be required. It shall be a further prerequisite that the person being adopted shall have lived in the home of the adoptive parent during the person's minority for a period of at least six months while the person being adopted was under twenty-one years of age, and this fact shall appear in the petition. If the person being adopted is the biological child of the adoptive parent, the prerequisite of living in the home of the adoptive parent during the person's minority is waived.

    Section 2. That § 25-6-19 be amended to read:



    25-6-19. If Upon showing of good cause to the judge and if the documents required by § 25-6-18 are in proper form and show the proper facts, upon the filing of same the judge of the circuit court shall enter an order allowing the petition for adoption of an adult and declaring the adoption completed.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\122.wpd

MINORS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\123.wpd
CHAPTER 123

(HB 1043)

The Department of Social Services to report information
regarding parent of child subject to abuse or neglect.


        ENTITLED, An Act to require the Department of Social Services to collect and report certain information regarding the military affiliation of a parent whose child is subject to a report of abuse or neglect.

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:

    Upon receipt of a report pursuant to § 26-8A-10, the Department of Social Services shall make an effort to determine the military status of the parent or guardian whose child is subject to the report of child abuse or neglect. Notwithstanding the provisions of § 26-8A-13 or any other provision of law, if the department determines that the parent or guardian is in the military, the department shall notify a United State Department of Defense family advocacy program of the allegations that relate to the military parent or guardian.

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\123.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\124.wpd
CHAPTER 124

(HB 1029)

Criminal background checks
for adults working in child care institutions.


        ENTITLED, An Act to revise certain provisions regarding criminal background checks for adults working in child care institutions.

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

    Section 1. That § 26-6-14.4 be amended to read:



    26-6-14.4. In addition to the applicant, §§ 26-6-14.3 to 26-6-14.7, inclusive, shall be applicable to the criminal convictions conviction of the following persons:

            (1)    Adults responsible for administration or direct supervision of staff;

            (2)    Any adult residing in the facility;

            (3)    Any adult, including a volunteer, who provides care and supervision to the children; and

            (4)    Any adult working in a child care institution, including a group home, residential treatment center, intensive residential treatment center, or shelter care facility. A child care institution does not include a day care center, group family day care home, or a before and after school day care program.

    However, §§ 26-6-14.3 to 26-6-14.7, inclusive, do not apply to adult volunteers or adult staff employed by the applicant on an intermittent basis for less than ten days per month, if such adults are under constant supervision by adults who meet the requirements of §§ 26-6-14.3 to 26-6-14.7, inclusive.

    Section 2. That § 26-6-14.13 be amended to read:

    26-6-14.13. Information obtained from another state's child abuse and neglect central registry or from the national crime information databases for the purpose of conducting a background check under § 26-6-14.5 or for approval of a foster or adoptive placement may be used for purposes related to conducting the background check only and cannot may not be released except as authorized by law.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\124.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\125.wpd
CHAPTER 125

(HB 1186)

The juvenile detention cost-sharing fund sunset, repealed.


        ENTITLED, An Act to repeal the termination of the juvenile detention cost-sharing fund.

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

    Section 1. That § 26-8D-25 be repealed.

    Section 2. This Act is effective on June 28, 2019.

     Certified March 29, 2019

     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\94-2019\SessionLaws\125.wpd



MENTALLY ILL PERSONS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\126.wpd
CHAPTER 126

(HB 1099)

Caregiver designated to receive information
regarding residents of treatment facilities.


        ENTITLED, An Act to provide for the designation of a caregiver to receive information regarding residents of treatment facilities.

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

    Section 1. That chapter 27A-1 be amended by adding a NEW SECTION to read:

    A resident of a treatment facility may designate a caregiver to receive notice of the resident's treatment and aftercare plan developed under § 27A-12-3.7 upon the resident's admission into the treatment facility or, for any resident who is unconscious or otherwise incapacitated upon admission into the treatment facility, upon the resident's recovery of consciousness or capacity. For any resident who is unable to make decisions upon the resident's admission into a treatment facility, the resident's guardian, durable power of attorney for healthcare as defined in § 34-12C-1, or any person authorized to make decisions for the resident under § 34-12C-2 may designate a caregiver to receive notice of the resident's treatment and aftercare plan.

    Upon a resident's admission into a treatment facility, or upon the resident's recovery of consciousness or capacity, the treatment facility shall inform the resident of the right to designate a caregiver to receive notice of the resident's treatment and aftercare plan.

    A treatment facility shall request and document in a resident's record the name, address, telephone number, and relationship to the resident of any caregiver designated under this section; a choice under this section not to make a designation under this section; and any change in designation of a caregiver under this section. The record under this section shall be provided to any treatment facility to which the resident may be transferred.

    A resident may revoke the designation of a caregiver under this section at any time.

    For purposes of this section, a caregiver is a person who provides informal support and advocacy, without pay, for any family member or friend who is a resident in need of support due to any physical, cognitive, or mental health condition. A caregiver under this section is not a health care professional.

    Nothing in this section alters or interferes with any right or obligation of an agent designated as a power of attorney for health care under § 59-7-2.1. Nothing in this section imposes any obligation or any civil liability on a caregiver designated under this section.

    Section 2. That chapter 27A-1 be amended by adding a NEW SECTION to read:

    A treatment facility shall provide reasonable notice to a caregiver designated under section 1 of this Act of the resident's discharge or transfer to a different treatment facility prior to the resident's

discharge or transfer. Prior to a resident's discharge from a treatment facility, the treatment facility shall consult with the resident and the caregiver designated under section 1 of this Act regarding any after-discharge plan, including a description of the resident's aftercare plan developed under § 27A-12-3.7. A treatment facility may not be held liable in any civil action for failure to provide notice under this section.

    Nothing in this section prohibits a treatment facility, in the exercise of professional judgment and its experience with common practice to make reasonable inferences of the resident's best interests, from:

            (1)    Determining not to disclose any information related to the resident to a caregiver designated under section 1 of this Act; and

            (2)    Disclosing information related to the resident to a caregiver of the treatment facility's choice.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\126.wpd

PUBLIC WELFARE AND ASSISTANCE

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\127.wpd
CHAPTER 127

(SB 30)

Federal references and dates
relating to the Department of Social Services, updated.


        ENTITLED, An Act to remove certain unnecessary federal references and dates from certain provisions relating to the Department of Social Services.

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

    Section 1. That § 25-6-21 be amended to read:

    25-6-21. Except in any case involving fraud or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2012, any proceeding for the adoption of a child commenced under chapter 25-6 shall be in all things legalized, cured, and validated one year after the proceeding is finalized. If any person has a claim or right arising from any adoption proceeding, that person shall initiate any action to enforce such right or claim within one year of the date when the proceeding is finalized unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2012 2019.

    Section 2. That § 25-6-24 be amended to read:

    25-6-24. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2004, if that Act is applicable.

    Section 3. That § 25-7A-60 be amended to read:


    25-7A-60. The Department of Social Services may garnish wages, salary, earnings, or other employment income of the obligor, pursuant to the provisions of chapter 21-18 or applicable provisions of this chapter, to reimburse the state for any expenditures made on behalf of a dependent child under the medical assistance program as provided by Title XIX of the Social Security Act as amended to January 1, 1994, in order to recover any money received by the obligor from third-party liability sources which are necessary to reimburse either the custodial parent or the provider of the medical services for expenditures made or services rendered on behalf of a dependent child for covered medical services under the obligor's group or private family health insurance plan. Any claims for current or past-due child support obligations shall have priority over claims for expenditures made under the Title XIX medical assistance program as set out in this section.

    Section 4. That § 26-6-42 be amended to read:

    26-6-42. No provision of §§ 26-6-36 to 26-6-50, inclusive, may be construed to allow a child-placement agency to decline to provide a service on the basis of a person's race, ethnicity, or national origin. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2017, if that Act is applicable.

    Section 5. That § 26-8A-13.1 be amended to read:

    26-8A-13.1. Notwithstanding the provisions of § 26-8A-13, or any other statute to the contrary, in any case that a child is under the jurisdiction of the court pursuant to chapter 26-8B or 26-8C, upon a request for information, the Department of Social Services shall, with due regard to any federal laws or regulations, including the Health Information Portability and Accountability Act of 1996, as amended to January 1, 2007, the Family Educational Rights and Privacy Act, as amended to January 1, 2007, and the federal rules governing the confidentiality of alcohol and drug abuse patient records pursuant to 42 C.F.R. Part 2, as amended to January 1, 2007, in the following instances:

            (1)    Conduct a child abuse and neglect central registry check and provide the results to the court, court services, or the state's attorney to determine the appropriateness of returning a child to the parents or placing the child with another caretaker at any time during the pendency of the proceedings;

            (2)    For a child committed to the Department of Corrections, conduct a child abuse and neglect central registry check and provide the results to the Department of Corrections for purposes of determining the appropriateness of returning a child to the parents or placing the child with another caretaker; and

            (3)    For a child committed to the Department of Corrections, release copies of, or the equivalent to, the child's: request for services history summary, initial family assessments, court reports, and family service agreements to the Department of Corrections for treatment planning purposes.

    Upon receipt of an order of the court, the Department of Social Services shall make its child protection services file related to the child or the child's parents and siblings available to the court, court services, or the state's attorney with the exception of information protected by the Health Information Portability and Accountability Act of 1996, as amended to January 1, 2007 2019, the Family Educational Rights and Privacy Act, as amended to January 1, 2007 2019, and the federal rules governing the confidentiality of alcohol and drug abuse patient records pursuant to 42 C.F.R. Part 2, as amended to January 1, 2007 2019. Under no circumstances may the court order the release of information pertaining to pending abuse or neglect investigations.

    The information released under this section is discoverable to the parties under the provisions of chapter 26-7A, but is otherwise confidential. However, the court, court services, or the Department of Corrections may release the information in their possession or any portion necessary

to institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a child. The attorneys for the child and respondents may review the records with the child and the respondents but may not copy or release copies of the records. A pro se litigant is entitled to review the records but may not copy or release copies of the records.

    The Department of Social Services shall impose reasonable fees for reproduction of its records released under this section. The Department of Social Services shall promulgate rules pursuant to chapter 1-26 for any fee imposed for records reproduction.

    Section 6. That § 26-8A-29.1 be amended to read:

    26-8A-29.1. Except under circumstances where placement was with another relative of the child, any relative who has been denied adoptive placement by the Department of Social Services may request a hearing to determine if the placement was an abuse of discretion. The request shall be filed with the circuit court having jurisdiction pursuant to § 26-8A-29 and shall be filed within thirty days of written notification from the department by regular mail to the relative's last known address. The hearing shall be held within thirty days of the filing of the request for hearing and may be continued for not more than thirty days upon good cause shown. The relative shall be granted limited intervention only for the purpose of the placement review hearing.

    No intervention may be allowed in a proceeding involving an apparent, alleged, or adjudicated abused or neglected child, including an adoption or guardianship proceeding for a child placed in the custody of the Department of Social Services pursuant to § 26-8A-27, except as provided by this chapter and under the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2005 2019.

    Section 7. That § 26-8A-32 be amended to read:

    26-8A-32. Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2004, if that Act is applicable.

    Section 8. That § 28-1-65 be amended to read:

    28-1-65. The Department of Social Services shall establish a child support enforcement unit and may, in accordance with chapter 4-8B, apply for and receive federal funds under the provisions of Title IV-D of the Social Security Act, as amended, to January 1, 2004. The department may also enforce the child support obligations for any child who is receiving temporary assistance for needy families or foster care maintenance payments under Title IV-E. The department shall enforce the spousal support obligation for a parent who is living with his or her child if the support obligation has been established for the parent by court order and the child support obligation is being enforced by the department.

    Section 9. That § 28-6-1 be amended to read:

    28-6-1. The Department of Social Services may provide medical services and medical or remedial care on behalf of persons having insufficient income and resources to meet the necessary cost thereof, if the person has exhausted all other possible public and private medical and remedial care programs, income, or benefits, with the exception of county poor relief, in accordance with rules which the secretary of social services shall promulgate pursuant to chapter 1-26 in accordance with the provisions of Title XIX and Title XXI of the federal Social Security Act, as amended to January 1, 2004. The rules shall specify the individuals and services for which state funds or federal financial participation are available and may include:

            (1)    The amount, scope, and duration of medical and remedial services;

            (2)    The basis for and extent of provider payments on behalf of an eligible person;

            (3)    The establishment and collection of copayments, premiums, fees, or charges for sharing the cost of risk protection or services provided to persons. All such collections shall be remitted to the general fund;

            (4)    Methods of administration found necessary for the operation of the medical assistance program;

            (5)    Safeguards against the disclosure or improper use of information, required by statutory law to be held confidential, concerning applicants for or recipients of medical assistance; and

            (6)    Such other requirements as may be necessary to obtain federal financial participation in the medical assistance program.

    Section 10. That § 28-6-18 be amended to read:

    28-6-18. The department shall promulgate reasonable and necessary rules, pursuant to chapter 1-26, relating to:

            (1)    The determination of exempt and nonexempt income in long-term care;

            (2)    The treatment of income in long-term care;

            (3)    The deeming of income in long-term care;

            (4)    The determination of the spousal minimum monthly allowance in long-term care;

            (5)    The determination of the spousal share of resources; and

            (6)    Such other standards and requirements as may be necessary for federal financial participation in accordance with Title XIX of the federal Social Security Act, as amended to January 1, 2004.

    Section 11. That § 28-6B-1 be amended to read:

    28-6B-1. There is hereby created the prenatal care program, a separate health assistance program as allowed under Title XXI of the federal Social Security Act, as amended to January 1, 2004, and 42 C.F.R. 457.10, solely to provide for the medical care of unborn children whose mothers are ineligible for coverage under Title XIX of the federal Social Security Act based on their citizenship status.

    Section 12. That § 28-6B-4 be amended to read:

    28-6B-4. The secretary shall promulgate rules pursuant to chapter 1-26 in accordance with the provisions of Title XXI of the federal Social Security Act, as amended to January 1, 2004, and 42 C.F.R 457.10. The rules shall specify the individuals and services for which state funds or federal financial participation are available and may include:

            (1)    The amount, scope, and duration of prenatal medical services;

            (2)    The basis for and extent of provider payments on behalf of an eligible person;

            (3)    The establishment and collection of copayments, premiums, fees, or charges for sharing the cost of risk protection or services to persons. All collections shall be remitted to the general fund;

            (4)    Methods of administration found necessary for the operation of the prenatal care program;

            (5)    Safeguards against the disclosure or improper use of information, required by statutory law to be held confidential, concerning applicants for or recipients of medical assistance; and

            (6)    Any other requirements as may be necessary to obtain federal financial participation in the medical assistance program.

     Signed February 8, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\127.wpd

HIGHWAYS AND BRIDGES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\128.wpd
CHAPTER 128

(HB 1077)

Designating a no maintenance highway.


        ENTITLED, An Act to revise provisions regarding designation of a no maintenance highway.

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

    Section 1. That § 31-12-48 be amended to read:

    31-12-48. The For any highway or segment of a highway the board of county commissioners determines, after public notice, is used less than is required for designation as a minimum maintenance highway under § 31-12-46, the board of county commissioners may designate a the highway as a no maintenance highway. The board shall, by resolution, identify the beginning and end point of the highway or segment of a highway designated as no maintenance. The board does not have any responsibility or duty of care on a no maintenance highway designated under this section, 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 § 31-12-50 be amended to read:

    31-12-50. A no maintenance highway designated under § 31-12-48 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, except as provided under § 31-12-48.

     Signed March 1, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\128.wpd



MOTOR VEHICLES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\129.wpd
CHAPTER 129

(SB 129)

Motor vehicles owned by licensed ambulance services
exempt from motor vehicle registration fees.


        ENTITLED, An Act to exempt motor vehicles owned by licensed ambulance services from certain motor vehicle registration fees.

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

    Section 1. That § 32-5-42 be amended to read:

    32-5-42. Any motor vehicle that is the property of this state, the United States, a county, a township, a municipality, a public or nonpublic school accredited by the Department of Education, an Indian mission school in this state, an Indian tribe, a fire department, a licensed ambulance service, or any bus or van owned by a church may be registered upon application, in the manner provided for other motor vehicles. However, the custodian of the vehicle shall make the application directly to the department. No fees may be charged for the registration of the vehicle. The department, upon payment to it of the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund. If the vehicle is used for a private business use or as a commercial motor carrier as defined in § 32-9-1, the operator shall secure vehicle registration pursuant to chapter 32-9 for such use.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\129.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\130.wpd
CHAPTER 130

(HB 1059)

Motor vehicle dealer licensing revised.


        ENTITLED, An Act to revise certain provisions regarding vehicle dealer licensing.

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

    Section 1. That § 32-6B-1 be amended to read:

    32-6B-1. Terms as used in this chapter mean:

            (1)    "Administrator," the administrator of the dealer licensing and inspection program of the Department of Revenue;

            (2)    "Auctioneer," a person who presides over a public auction where following an initial starting price, bids are taken from two or more people until a final bid or price is established for a motor vehicle;

            (2A)(3)    "Authorized emergency vehicle," any vehicle of a fire department and any ambulance and emergency vehicle of a municipal department or public service corporation that are designated or authorized by the Department of Public Safety or the Department of Health;

            (3)(4)    "Broker," a person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale or exchange of vehicles, and who is not:

            (a)    A dealer or a bona fide agent or employee of a dealer;

            (b)    A representative or a bona fide agent or employee of a manufacturer; or

            (c)    At any point in the transaction the bona fide owner of the vehicle involved in the transactions;

            (3A)(5)    "Chassis cab," any incomplete motor vehicle, with a completed occupant compartment, that requires only the addition of cargo carrying, work performing, or load bearing components to perform the vehicle's intended function.;

            (4)(6)    "Community," the franchisee's area of responsibility as stipulated in the franchise. A community has or a minimum radius of ten miles around an existing dealership;

            (5)(7)    "Converter," a person who modifies or installs on previously assembled chassis special bodies or equipment which that, when completed, form an integral part of the vehicle and which that constitutes a major manufacturing alteration and who may issue a supplemental or secondary statement of origin;

            (6)(8)    "Demonstration," the noncommercial use of a dealer owned vehicle by any employee of the dealership for any purpose in the ordinary course of business relating to the sale of the vehicle within the trade or market area of the dealership or demonstration by any prospective buyer for a period of three days. The term includes vehicles donated by a dealership to a community or organization and used for a one-day parade or event;

            (6A)(9)    "Department," the Department of Revenue;

            (6B)(10)    "Emergency vehicle dealer," any person who converts or manufacturers authorized emergency vehicles and who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of new, or new and used authorized emergency vehicles, or who is engaged wholly or in part in the business of selling new, or new and used authorized emergency vehicles;

            (11)    "Event," a fair, exposition, vehicle show, vehicle rally, or fishing tournament that is held once each year and lasts at least three days including any setup time but does not exceed fifteen days;

            (6C)(12)    "Final stage manufacturer dealer," any person who assembles or installs on a previously assembled new motor vehicle chassis cab any special body or equipment that forms an integral part of the motor vehicle, constitutes a major manufacturing alteration, and completes the vehicle;

            (7)(13)    "Franchise," a written or oral agreement or contract between a franchisor and franchisee which that fixes the legal rights and liabilities of the parties to such the agreement or contract;

            (8)(14)    "Franchisee," person who receives vehicles from a franchisor under a franchise and who offers and sells the vehicles to the general public;

            (9)(15)    "Franchisor," any person engaged in the manufacturing or distribution of vehicles including any person who acts for the franchisor;

            (9A)(16)    "Good faith," honesty in fact and the observance of reasonable, nondiscriminatory commercial standards of fair dealing in the trade, as defined and interpreted in the Uniform Commercial Code as amended to January 1, 2010;

            (10)(17)    "In-transit," the noncommercial use of a dealer owned vehicle by any employee of the dealership for travel to and from any service facility, detail shop, repair shop, gas station, car wash, dealer auction, another lot owned by the dealer, a supplemental lot, temporary special events lot, temporary supplemental lot, or any other location to facilitate a dealer trade;

            (10A)(18)    "Manufacturer," a person who manufactures or assembles vehicles, including motor homes, and who issues the original or first manufacturer's statement of origin. The term, manufacturer, includes a central or principal sales corporation through which it distributes its products to franchised dealers;

            (11)    "Motor home," a motor vehicle designed as an integral unit to be used as a conveyance upon the public highways and for use as a temporary or recreational dwelling and having at least four of the following permanently installed systems:

            (a)    Cooking facilities;

            (b)    Ice box or mechanical refrigerator;

            (c)    Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;

            (d)    Self-contained toilet connected to a plumbing system with connection for external water disposal;

            (e)    Heating or air conditioning system, or both, separate from the vehicle engine or the vehicle electrical system;

            (f)    A one hundred ten--one hundred fifteen volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquified petroleum system and supply;

            (19)    "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway and includes any all terrain vehicle, dune buggy, and vehicle whose manufacturer's statement of origin or manufacturer's certificate of origin states that the vehicle is not for highway use;

            (12)(20)    "Public auction," a business that is open to the public where South Dakota titled motor vehicles are consigned, displayed, and auctioned to the highest bidder by an auctioneer;

            (12A)    "Recreational park trailer," a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and which:

            (a)    Is built on a single chassis mounted on wheels;

            (b)    Has a gross trailer area not exceeding four hundred square feet in the setup mode;

            (c)    Is certified by the manufacturer as complying with American National Standards Institute Standard No. A119.5 in effect on January 1, 2008; and

            (d)    Has at least a seventeen digit identification number and the manufacturer has designated the vehicle as a recreational park model on the manufacturer statement of origin;

            (13)(21)    "Sell-it-yourself lot," any space provided to a person for a fee to display that person's boat or vehicle for sale;

            (14)(22)    "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

            (15)(23)    "Supplemental lot," a physically separate location owned and maintained by a licensed dealer within the same county as the principal place of business;

            (16)    "Temporary special events lot," a location other than the principal place of business, supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car dealer, or a licensed vehicle dealer selling only truck tractors, trailers, or motor homes, or any combination thereof, may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center sales, or tent sales. A temporary special events lot shall meet all local zoning and building codes for the type of business being conducted;

            (17)    "Temporary supplemental lot," a location other than the principal place of business or supplemental lot but within the same county as the principal place of business, or within the corporate limits of a municipality which overlaps boundaries of a county, or in an adjoining county, if the adjoining county has no licensed vehicle dealer selling automobiles, pick-ups, or passenger vans and the temporary supplemental lot is no more than ten miles from the principal place of business, where a licensed vehicle dealer or a licensed used vehicle dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auto shows, auctions, shopping center promotions, or tent sales. A temporary supplemental lot shall meet all local zoning and building codes for the type of business being conducted. If a licensed vehicle dealer establishes a temporary supplemental lot in a county with a licensed used vehicle dealer, a licensed used vehicle dealer may establish a temporary supplemental lot in a county with a licensed vehicle dealer. A licensed vehicle dealer may establish, for manufacturer sponsored events, a temporary supplemental lot in an adjoining county that has no like franchised licensed dealer;

            (18)(24)    "Trailer," any vehicle without motive power designed to be coupled to or drawn by a motor vehicle and constructed so that no part of its weight or that of its load rests upon the towing vehicle;

            (19)(25)    "Trailer dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new or used trailers, semitrailers or travel trailers

or who is engaged in the business of selling new or used trailers, semitrailers or travel trailers whether or not such the vehicles are owned by such the person;

            (20)(26)    "Travel trailer," any trailer or semitrailer which that provides as its primary purpose adequate, comfortable, temporary living quarters while on pleasure excursions or while touring for business, professional, educational or recreational purposes;

            (21)(27)    "Used vehicle dealer," any person who, for commission or with intent to make a profit or gain sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of used vehicles or who is engaged in the business of selling used vehicles;

            (22)(28)    "Vehicle," any new or used automobile, truck, truck tractor, motorcycle, off-road vehicle, motor home, trailer, semitrailer or travel trailer of the type and kind required to be titled and registered under chapters 32-3 and 32-5, or required to be titled under chapter 32-20 except any manufactured homes, mobile homes, mopeds or snowmobiles home, used mobile home, moped, or snowmobile;

            (23)(29)    "Vehicle dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used vehicles, or who is engaged wholly or in part in the business of selling new, or new and used vehicles.

    Section 2. That chapter 32-6B be amended by adding a NEW SECTION to read:

    For the purposes of this chapter, the term, motor home, means a motor vehicle that is designed as an integral unit to be used as a conveyance upon the public highways and for use as a temporary or recreational dwelling and that has at least four of the following permanently installed systems:

            (1)    Cooking facilities;

            (2)    Ice box or mechanical refrigerator;

            (3)    Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;

            (4)    Self-contained toilet connected to a plumbing system with connection for external water disposal;

            (5)    Heating or air conditioning system, or both, separate from the vehicle engine or the vehicle electrical system; or

            (6)    A one hundred ten--one hundred fifteen volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquified petroleum system and supply.

    Section 3. That chapter 32-6B be amended by adding a NEW SECTION to read:

    For the purposes of this chapter, the term, recreational park trailer, means a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and that:

            (1)    Is built on a single chassis mounted on wheels;

            (2)    Has a gross trailer area not exceeding four hundred square feet in the setup mode;

            (3)    Is certified by the manufacturer as complying with American National Standards Institute Standard No. A119.5 in effect on January 1, 2008; and

            (4)    Has at least a seventeen digit identification number and the manufacturer has designated the vehicle as a recreational park model on the manufacturer statement of origin.

    Section 4. That chapter 32-6B be amended by adding a NEW SECTION to read:

    For the purposes of this chapter, the term, temporary special events lot, means a location other than the principal place of business, supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car dealer, or a licensed vehicle dealer selling only truck tractors, trailers, or motor homes, or any combination thereof, may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center sales, or tent sales. A temporary special events lot shall meet all local zoning and building codes for the type of business being conducted.

    Section 5. That chapter 32-6B be amended by adding a NEW SECTION to read:

    For the purposes of this chapter, the term, temporary supplemental lot, means a location other than the principal place of business or supplemental lot that is:

            (1)    Within the same county as the principal place of business;

            (2)    Within the corporate limits of a municipality that overlaps boundaries of an adjoining county;

            (3)    Within an adjoining county, if the adjoining county has no licensed vehicle dealer selling automobiles, pick-ups, or passenger vans and the lot is within a ten-mile radius of the principal place of business; or

            (4)    Within an adjoining county that has no like franchised licensed dealer.

    A licensed vehicle dealer or a licensed used vehicle dealer may conduct business at such a lot for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, vehicle shows, auctions, shopping center promotions, or tent sales. A temporary supplemental lot shall meet all local zoning and building codes for the type of business being conducted. If a licensed vehicle dealer establishes a temporary supplemental lot in a county with a licensed used vehicle dealer, a licensed used vehicle dealer in that county may establish a temporary supplemental lot in the county of the licensed vehicle dealer.

    Section 6. That § 32-6B-2 be amended to read:

    32-6B-2. For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within the State of South Dakota this state, easily accessible and open to the public at all reasonable times least twenty hours per week between the hours of 8:00 a.m. to 8:00 p.m., inclusive, with an improved display area immediately adjoining the building that is large enough to display five or more vehicles of the type the dealer is licensed to sell. It is the location at which the business of a vehicle dealer may be lawfully carried on in accordance with all applicable building codes, zoning, and other land use ordinances and in which building the public may contact the vehicle dealer or the dealer's salesperson. Each licensed dealer shall maintain an enclosed permanent office on the location. Each office shall be adequately heated and lighted. The hours of operation of the office and an operating phone number shall be clearly posted at or near the main entrance to the office. Each location shall display an exterior sign that contains the name of the business and that is permanently affixed to the land or building. The exterior sign shall be clearly legible from the public right-of-way serving the location. It is the location where the books, records, and files necessary to conduct the business of the vehicle dealer are kept and maintained. In no event

may rooms in a hotel, motel, apartment house, or any part of any single or multiple unit dwelling house be considered a principal place of business unless the entire ground floor of such the facility is devoted principally to and occupied for commercial purposes. Any dealer licensed under this chapter shall maintain and continuously occupy a principal place of business. However, an emergency vehicle dealer is exempt from the requirement of having its principal place of business in South Dakota.

    Section 7. That chapter 32-6B be amended by adding a NEW SECTION to read:

    A person who is a licensed dealer in another state may sell motorcycles at an event without a license issued under this chapter if the person meets the provisions of this section. Before selling any motorcycle, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The permit may be issued if any new motorcycle make being sold is not franchised in this state. The permit may be issued if any used motorcycle make being sold is franchised in this state, is at least two model years old, and has at least two thousand five hundred miles on the odometer. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee for the permit is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.

    Section 8. That chapter 32-6B be amended by adding a NEW SECTION to read:

    A person who is a licensed dealer in another state may sell trailers at an event without a license issued under this chapter if the person meets the provisions of this section. Before selling any trailer, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The permit may only be issued if the trailer make being sold is not franchised in this state unless the person obtains a written waiver from any similar franchise dealer in this state. The person shall present the waiver to the department at the time the person applies for the permit. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee for the permit is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Regardless of whether or not there is a franchise in this state, any person may display a trailer at an event. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.

    Section 9. That chapter 32-6B be amended by adding a NEW SECTION to read:

    A person who is a licensed dealer in another state may sell a vehicle that is at least twenty years old or a motorcycle that is at least thirty years old at a public auction on consignment without a license issued under this chapter if the person meets the provisions of this section. The vehicle or motorcycle shall have a title issued in the name of the dealer by any state other than this state. Before selling any vehicle or motorcycle, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the auction, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.

    Section 10. That chapter 32-6B be amended by adding a NEW SECTION to read:

    A person who is engaged in the business of manufacturing trailers may display any trailer at an event without a license issued under this chapter if the person meets the provisions of this section. Before displaying any trailer, the person shall register and purchase a permit from the department.

The permit does not allow the sale of any trailer. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.

    Section 11. That chapter 32-6B be amended by adding a NEW SECTION to read:

    A person who is engaged in the business of manufacturing or customizing motor vehicles may display and offer limited demonstration of a person's customized motor vehicle at an event without a license issued under this chapter if the person meets the provisions of this section. Before displaying or demonstrating any motor vehicle, the person shall register and purchase a permit from the department. The permit does not allow the sale of any motor vehicle. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation. For the purposes of this section, the term, customized motor vehicle, means any motor vehicle that has been altered from the manufacturer's original design or has a body constructed of nonoriginal materials.

    Section 12. That chapter 32-6B be amended by adding a NEW SECTION to read:

    A person who is sponsoring an event for displaying customized motorcycles built for the event may do so without a license issued under this chapter if the person meets the provisions of this section. Before displaying any such motorcycle, the person sponsoring the event shall register and purchase a permit from the department. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation. If any person wishes to display any customized motorcycle outside the sponsored event, the person shall register and purchase a permit as provided under section 11 of this Act.

    Section 13. That chapter 32-6B be amended by adding a NEW SECTION to read:

    A licensed dealer may take a vehicle to an adjoining county for demonstration purposes. For the purpose of this section, a demonstration is for the purpose of showing the qualities and characteristics common to vehicles of the same or similar models or types in parades.

    Section 14. That § 32-6B-22 be amended to read:

    32-6B-22. Any new vehicle or used vehicle owned by a licensed dealer, bearing a dealer's "77" 77 license plate issued pursuant to § 32-6B-21, may be driven on the streets and highways of this state for any purpose. However, the dealer "77" 77 license plate may not be used on vehicles any vehicle used for lease or hire or as wreckers or service trucks used as a wrecker or service truck. The dealer "77" 77 license plate is transferable by the dealer from one vehicle owned by the dealer to another vehicle owned by the dealer. A violation of this section is a Class 1 misdemeanor.

    Section 15. That § 32-6B-14 be amended to read:

    32-6B-14. Each license may be issued for a multiple year period. The application for license and all applicable fees are due prior to the issuance of the initial license. All licenses Each license shall be reviewed annually by the department. The department shall mail to the licensee at the last known address a renewal notice. If the licensee is registered on the electronic dealer system, the licensee shall receive the renewal notice by electronic means. The department shall establish by rules promulgated pursuant to chapter 1-26 the review date, if other than October first to December thirty-first, inclusive. If the licensee fails to return the renewal notice or to pay the applicable fees the

department shall cancel and suspend or revoke the license pursuant to the provisions of §§ 32-6B-43 and 32-6B-44 32-6B-41.1 to 32-6B-41.6, inclusive.

    Section 16. That § 32-6B-62 be amended to read:

    32-6B-62. The provisions of subdivision 32-6B-6(16) and subdivision 32-6B-41(14) 32-6B-41(13) do not apply to a trailer dealer's license.

    Section 17. That § 32-6B-3.4 be amended to read:

    32-6B-3.4. Notwithstanding the provisions of subdivision 32-6B-5(4), any titled vehicle, including a vehicle owned by a vehicle dealer who has obtained a permit under the provisions of § 32-6B-5.1 section 9 of this Act but who is licensed in another state, except a motorcycle, which that is not titled in South Dakota and which is at least twenty years old may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auctions need to be met.

    Section 18. That § 32-6B-3.5 be amended to read:

    32-6B-3.5. Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle, including a motorcycle owned by a dealer who has obtained a permit under the provisions of § 32-6B-5.1 section 9 of this Act but who is licensed in another state, which that is not titled in South Dakota, and which that is at least thirty years old, may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auction need to be met.

    Section 19. That § 32-6B-19 be amended to read:

    32-6B-19. Any person licensed under this chapter, who sells vehicles at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. If the license is granted, the licensee may be permitted to use unimproved lots and premises for sale, storage, and display of vehicles. Supplemental lots and premises shall be located within the county of the principal place of business of the applicant and shall meet local zoning codes or ordinances. No supplemental license is required for display of vehicles within the corporate limits of a municipality where if the vehicle dealer is licensed or if one or more licensed vehicle dealers wish to display their vehicles on a temporary supplemental lot as defined in § 32-6B-1 section 5 of this Act.

    Section 20. That § 32-6B-5.1 be repealed.

     Signed March 1, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\130.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\131.wpd
CHAPTER 131

(HB 1068)

Commercial motor vehicles may follow another motor vehicle
more closely than otherwise permitted by law.


        ENTITLED, An Act to authorize the Transportation Commission to promulgate rules to allow certain motor vehicles to follow another motor vehicle on a state highway more closely than otherwise permitted by law.

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

    Section 1. That chapter 32-26 be amended by adding a NEW SECTION to read:

    The Transportation Commission shall promulgate rules, pursuant to chapter 1-26, to authorize the testing and operation of groups of individual motor vehicles traveling in a unified manner at electronically coordinated speeds and distance intervals that are closer than otherwise allowed under §§ 32-26-40 to 32-26-42, inclusive. The commission may include in the rules:

            (1)    The procedures for the requesting and granting of authority for testing and operation;

            (2)    A fee, not to exceed one hundred dollars, to cover the administrative costs of granting authority for testing and operation;

            (3)    Reporting requirements;

            (4)    Authorized routes;

            (5)    Authorized times and periods of operation;

            (6)    Authorized vehicle types;

            (7)    Required vehicle markings;

            (8)    Driver requirements;

            (9)    Prohibited use related to weather, highway conditions, special events, traffic incidents, emergencies or other contingencies; and

            (10)    Any speed, size, and operational restrictions the commission deems appropriate.

     Signed March 1, 2019
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CHAPTER 132

(SB 121)

Manufacturers' warranties for motor vehicles
to include all-terrain vehicles.


        ENTITLED, An Act to revise certain provisions regarding manufacturers' warranties for motor vehicles to include all-terrain vehicles.

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

    Section 1. That § 32-6D-1 be amended to read:

    32-6D-1. Terms used in this chapter mean:

            (1)    "Consumer," the purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty;

            (2)    "Express warranty," a written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of

obligations under that warranty;

            (3)    "Lemon law rights period," the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation, whichever first occurs;

            (4)    "Manufacturer," the person, firm, corporation, or limited liability company engaged in the business of manufacturing, importing, or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale;

            (5)    "Motor vehicle," every any vehicle intended primarily for use and operation on the public highways which is self-propelled. The term also includes any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more. The term does not apply to any motor home or to any motor vehicle having a manufacturer's gross vehicle weight rating of fifteen thousand pounds or more;

            (6)    "Motor vehicle dealer" or "authorized dealer," any person operating under a dealer agreement from a manufacturer and licensed pursuant to chapter 32-6B;

            (7)    "Nonconforming condition," any condition of a motor vehicle that is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and that significantly impairs the use, value, or safety of the motor vehicle and occurs or arises solely in the course of the ordinary use of the motor vehicle, and that does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after the motor vehicle was delivered by an authorized dealer to the consumer;

            (8)    "Notice of a nonconforming condition," a written statement delivered to the manufacturer and which that describes the motor vehicle, the nonconforming condition, and all previous attempts to correct such the nonconforming condition by identifying the person who made the attempt and the time the attempt was made.

     Signed March 11, 2019
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CHAPTER 133

(SB 12)

Commercial driver license holders disqualified
for failure to consent to chemical analyses.


        ENTITLED, An Act to revise certain provisions pertaining to the disqualification of commercial driver license holders for failure to consent to chemical analyses.

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

    Section 1. That § 32-12A-36 be amended to read:

    32-12A-36. Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:


            (1)    If convicted of a first violation of driving or being in actual physical control of a commercial or noncommercial motor vehicle while under the influence of alcohol, or any controlled drug or substance, in violation of § 32-23-1;

            (2)    If convicted of a first violation of driving or being in actual physical control of a commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance, in violation of § 32-12A-44;

            (3)    If convicted of a first violation of leaving the scene of an accident while operating a commercial or noncommercial motor vehicle, in violation of § 32-34-5 or 32-34-6;

            (4)    If convicted of a first violation of using a commercial or noncommercial motor vehicle in the commission of any felony other than a felony described in § 32-12A-38; or

            (5)    For refusing to submit to a chemical analysis for purposes of determining the amount of alcohol or drugs in that person's blood or other bodily substance while driving a commercial or noncommercial motor vehicle in violation of § 32-12A-43 or 32-12A-46;

            (6)    If convicted of a first violation of operating a commercial motor vehicle while the person's commercial driver license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle in violation of § 32-12A-8. The department may not issue a new license until one year from the date the person would otherwise have been entitled to apply for a new license; or

            (7)    If convicted of a first violation of causing a fatality through the negligent operation of a commercial motor vehicle.

    If any of these violations or refusal occurred while transporting hazardous material required to be placarded, the person is disqualified for a period of not less than three years.

     Signed February 8, 2019
_______________
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CHAPTER 134

(HB 1054)

The possession of firearms on certain vehicles.


        ENTITLED, An Act to revise certain provisions regarding the possession of firearms on certain vehicles.

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

    Section 1. That § 32-20A-11 be amended to read:

    32-20A-11. Except as provided in § 32-20A-12, no person other than a law enforcement officer, conservation officer, or any person on the person's own land or land leased by the person, may operate or ride in any snowmobile with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. However, the restrictions in this section do not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. A violation of this section is a Class 2 misdemeanor. The restrictions in this section do not apply to a utility-terrain vehicle (UTV) or any

vehicle that is designed for four or more low-pressure tires or rubberized tracks, and has a seat a person sits upon, and has a steering wheel.

    Section 2. That § 32-20-6.6 be amended to read:

    32-20-6.6. No person, other than a law enforcement officer or conservation officer, or any person on the person's own land or land leased by the person, may operate or ride on any motorcycle or off-road vehicle with any firearm in the person's possession unless the firearm is completely unloaded and within a carrying case which encloses the entire firearm. However, this section does not apply to any person who is carrying a pistol and possesses a permit to carry a concealed pistol issued pursuant to chapter 23-7. This section does not apply to any person who holds a permit issued pursuant to § 41-8-37 while engaged in hunting from an off-road vehicle in accordance with the provisions of the permit. This section shall be enforced by all law enforcement officers including conservation officers. A violation of this section is a Class 2 misdemeanor. The restrictions in this section do not apply to a utility terrain vehicle (UTV) or any vehicle that is designed for four or more low-pressure tires or rubberized tracks, and has a seat a person sits upon, and has a steering wheel.

     Signed March 5, 2019
_______________
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CHAPTER 135

(SB 187)

Electric bicycles regulated.


        ENTITLED, An Act to define electric bicycles and to provide for the regulation of electric bicycles.

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

    Section 1. That chapter 32-20B be amended by adding a NEW SECTION to read:

    For purposes of this chapter, the term, electric bicycle, means a bicycle or a tricycle that is equipped with a seat or saddle, with operable pedals for propulsion, and with an electric motor of seven hundred fifty watts or less.

    An electric bicycle is a Class I electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved.

    An electric bicycle is a Class II electric bicycle if the motor is capable of propelling the bicycle without the person pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved.

    An electric bicycle is a Class III electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of twenty-eight miles per hour is achieved.

    Section 2. That chapter 32-20B be amended by adding a NEW SECTION to read:

    Beginning January 1, 2020, any person who manufacturers or distributes an electric bicycle in this state shall permanently affix to the electric bicycle a label that contains the following information:

            (1)    The designated class of the electric bicycle;

            (2)    The maximum assisted speed of the electric bicycle; and

            (3)    The wattage of the electric bicycle's motor.

    If a person makes a modification to the electric bicycle that affects the bicycle's maximum speed, or manner of propulsion, the person shall amend the label required by this section to accurately reflect the required information.

    Any person who violates this section is guilty of a Class 2 misdemeanor.

    Section 3. That chapter 32-20B be amended by adding a NEW SECTION to read:

    An electric bicycle shall be equipped so that the electric motor is disengaged or ceases to function when the person stops pedaling or when the brakes are applied.

    Section 4. That chapter 32-20B be amended by adding a NEW SECTION to read:

    Unless otherwise prohibited by a governmental entity having jurisdiction, a person may operate a Class I or Class II electric bicycle on any bicycle path or multi-use path in this state.

    A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in this state unless:

            (1)    The bicycle path or multi-use path is within or adjacent to a highway or roadway; or

            (2)    The governmental entity having jurisdiction over the bicycle path or multi-use path expressly permits the use.

    A person may operate a Class III electric bicycle on a trail that has been designated as nonmotorized, if the trail was constructed only by clearing or grading the native soil and without the installation or placement of any additional surface material and if the governmental entity having jurisdiction over the trail has not otherwise prohibited or restricted the operation.

    Section 5. That chapter 32-20B be amended by adding a NEW SECTION to read:

    To operate a Class III electric bicycle in this state, a person shall be at least sixteen years of age. This section does not prohibit a person younger than sixteen years of age from riding as a passenger on a Class III electric bicycle, if the bicycle is designed to accommodate a passenger.

    Section 6. That chapter 32-20B be amended by adding a NEW SECTION to read:

    Any person who is less than eighteen years of age and operating a Class III electric bicycle and any person who is a passenger on a Class III electric bicycle, regardless of age, shall wear a properly fitted and fastened bicycle helmet.

    Section 7. That chapter 32-20B be amended by adding a NEW SECTION to read:

    Any person operating a Class III electric bicycle shall ensure that the bicycle is equipped with a functioning speedometer.

    Section 8. That § 32-3-1 be amended to read:

    32-3-1. Terms used in chapters 32-3 to 32-5B, inclusive, mean:


            (1)    "Commercial motor vehicle," any motor vehicle used or maintained for the transportation of persons or property for hire, compensation, or profit, or designed, used, or maintained primarily for the transportation of property, and not specifically excluded under § 32-9-3;

            (2)    "Component part," any part of a motor vehicle, trailer, or semitrailer other than a tire, having a vehicle identification number;

            (3)    "Dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new, or new and used vehicles, or who is engaged wholly or in part in the business of selling new, or new and used vehicles, whether or not such vehicles are owned by that person;

            (4)    "Department," Department of Revenue;

            (4A)    "Electric bicycle," as that term is defined in section 1 of this Act;

            (4B)    "Gross vehicle weight rating," the value specified by the manufacturer as the loaded weight of a single vehicle;

            (5)    "Junking certificate," a certificate of ownership, which may not be restored to a title document which allows highway use, issued by the department to the owner of a vehicle which is going to be dismantled and sold for parts;

            (5A)    "Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour on a paved level surface.

            (6)    "Manufactured home," a structure, transportable in one or more sections, which is eight body feet or more in width or forty body feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and which contains the plumbing, heating, air conditioning, and electrical systems therein. The term includes any structure which meets all the requirements of this subdivision and any other structure which has been certified by the secretary of housing and urban development. The term does not include a recreational park trailer;

            (7)    "Manufacturer," any person, firm, corporation, limited liability company, or association engaged in the manufacture of new motor vehicles as a regular business;

            (8)    "Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:

            (a)    Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and

            (b)    Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.

                The term does not include a recreational park trailer;

            (9)    "Moped," a motor driven cycle equipped with two or three wheels. If a combustion engine is used, the maximum piston or rotor displacement shall be fifty cubic centimeters

regardless of the number of chambers in such power source. The power source shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. The term does not include an electric bicycle;

            (10)    "Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles with motor attached, and all motor operated vehicles of the bicycle or tricycle type, whether the motive power be a part thereof or attached thereto, and having a saddle or seat with the driver sitting astride or upon it, or a platform on which the driver stands, but excluding a tractor. The term does not include an electric bicycle;

            (11)    "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailers, and all vehicles propelled by power other than muscular power, except traction engines, road rollers, farm wagons, freight trailers, vehicles that run only on rails or tracks, electric bicycles, and off-road vehicles as defined in § 32-20-1;

            (12)    "New motor vehicle," any motor vehicle to which a manufacturer's statement of origin has not been transferred, or is a motor vehicle on which title was issued from the manufacturer's statement of origin or manufacturer's certificate of origin and is still in the name of the first person who took title to the vehicle;

            (13)    "Noncommercial motor vehicle," any motor vehicle not classified as a commercial motor vehicle;

            (14)    "Noncommercial trailer or semitrailer," any trailer or semitrailer not used or maintained for the transportation of persons or property for hire, compensation, or profit;

            (14A)    "Notation," a physical or electronic process of recording a lien on a certificate of title, a manufacturer's statement of origin, or a manufacturer's certificate of origin;

            (15)    "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway and includes all terrain vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin (MSO) or manufacturer's certificate of origin (MCO) states that the vehicle is not for highway use. The term does not include a farm vehicle or an electric bicycle as defined in this section;

            (16)    "Owner," any person, firm, association, or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days; as between contract vendor and contract vendee, the term, owner, shall refer to the contract vendee, unless the contrary clearly appears from the context of chapters 32-3 to 32-5B, inclusive, or a person having legal possession or title;

            (17)    "Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been rebuilt by the addition or deletion of assemblies, subassemblies, parts, or component parts so that upon gross visual examination it does not appear to be the vehicle described in the certificate of title last issued for the vehicle, or whose title has been marked as rebuilt by this state or another state or jurisdiction;

            (17A)    "Recreational park trailer," a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and which:

            (a)    Is built on a single chassis mounted on wheels;

            (b)    Has a gross trailer area not exceeding four hundred square feet in the setup mode;

            (c)    Is certified by the manufacturer as complying with American National Standards

Institute Standard No. A119.5 in effect on January 1, 2008; and

            (d)    Has at least a seventeen digit identification number and the manufacturer has designated the vehicle as a recreational park model on the manufacturer statement of origin;

            (18)    "Recreational vehicle," a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, vacation, or seasonal uses, permanently identified as a travel trailer or a recreational park trailer by the manufacturer of the trailer;

            (19)    "Road tractor," any motor vehicle designed and used for drawing other vehicles, except farm or logging tractors used exclusively for farming or logging, and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;

            (20)    "Secretary," secretary of revenue;

            (21)    "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

            (22)    "State," includes the territories and the federal districts of the United States;

            (23)    "Trailer," any vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle;

            (24)    "Truck tractor," any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;

            (25)    "Used vehicle," any motor vehicle to which title has been issued to someone other than the first person who took title to the motor vehicle from the manufacturer's statement of origin or manufacturer's certificate of origin; and

            (26)    "Vehicle identification number," the number assigned by the manufacturer or by the department for the purpose of identifying the vehicle. The term includes any number or letters assigned by the manufacturer for the purpose of identifying a component part and any such number stamped on a vehicle or part according to law or the rules promulgated by the department for the purpose of identifying the vehicle or part.

    Section 9. That chapter 32-3 be amended by adding a NEW SECTION to read:

    An electric bicycle, as defined in section 1 of this Act, is exempt from this chapter.

    Section 10. That chapter 32-5 be amended by adding a NEW SECTION to read:

    An electric bicycle, as defined in section 1 of this Act, is exempt from this chapter.

    Section 11. That subdivision (5) of § 32-6D-1 be amended to read:

            (5)    "Motor vehicle," every vehicle intended primarily for use and operation on the public highways which is self-propelled. The term does not apply to include any electric bicycle as defined in section 1 of this Act, any motor home or to any motor vehicle having a manufacturer's gross vehicle weight rating of fifteen thousand pounds or more;

    Section 12. That subdivision (7) of § 32-9-1 be amended to read:

            (7)    "Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property or both. The term does not include an electric bicycle as defined in section 1 of this Act;

    Section 13. That § 32-14-1 be amended to read:

    32-14-1. Terms used in chapters 32-14 to 32-19, inclusive, 32-12 and 32-22 to 32-34, inclusive, mean:

            (1)    "Alcoholic beverage," as that term is defined by subdivision 35-1-1(1);

            (2)    "Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or the Department of Health, and an emergency vehicle titled to a local organization for emergency management created pursuant to chapter 34-48A;

            (3)    "Automobile transporter," a vehicle combination designed or modified to be used specifically for the transport of assembled highway vehicles;

            (4)    "Boat transporter," a vehicle combination designed or modified to be used specifically for the transport of assembled or partially disassembled boats and boat hulls;

            (5)    "Business district," the territory contiguous to a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business;

            (6)    "Commission," the Public Utilities Commission;

            (7)    "Controlled drug or substance," as that term is defined in § 34-20B-3;

            (8)    "Crosswalk," that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;

            (9)    "Department," the Department of Public Safety of this state acting directly or through its duly authorized officers and agents;

            (9A)    "Electric bicycle," as that term is defined in section 1 of this Act;

            (10)    "Farm tractor," a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry;

            (11)    "Highway," the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public as a matter of right for purposes of vehicular travel;

            (12)    "Intersection," the area embraced within the prolongation of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one such highway crosses the other. However, such area, in the case of the point where an alley and a street meet within a municipality, is not an

intersection;

            (13)    "Law enforcement officer," as that term is defined in § 23-3-27;

            (14)    "Local authorities," a county, municipal, township, road district, and other local board or body having authority to adopt local police regulations under the Constitution and laws of this state;

            (15)    "Metal tires," a tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material;

            (16)    "Motorcycle," a motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle as may be included within the term, tractor, as herein defined;

            (17)    "Motor vehicle," a vehicle, as herein defined, which that is self-propelled. The term does not include an electric bicycle;

            (18)    "Official traffic control device," a sign, signal, marking, and device not inconsistent with the law placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. The term also includes a flagman or a sign, signal, marking, or other device temporarily placed or erected by a person working upon, along, above, or under a highway installing or maintaining a public service facility and which is necessary or required to warn, direct, or otherwise control traffic during the time of work or when a hazard exists;

            (19)    "Owner," a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor is the owner for the purpose of said chapters;

            (20)    "Park or parking," the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

            (21)    "Pneumatic tire," a tire inflated with compressed air;

            (22)    "Private road or driveway," a road or driveway not open to the use of the public for purposes of vehicular travel;

            (23)    "Recreation vehicle," a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping, or travel purposes and used solely as a family or personal conveyance and in no way used for a commercial purpose;

            (24)    "Residence district," the territory contiguous to a highway not comprising a business district when the frontage on the highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business;

            (25)    "Right-of-way," the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other;

            (26)    "Road tractor," a motor vehicle designed and used for drawing other vehicles and not so

constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;

            (27)    "Roadway," that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term, roadway, refers to any such roadway separately but not to all such roadways collectively;

            (28)    "Safety zone," the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone;

            (29)    "Semitrailer," any vehicle of the trailer type equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

            (30)    "Sidewalk," that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use of pedestrians;

            (31)    "Single axle" or "one axle," one or more consecutive axles whose centers may be included between two transverse vertical planes spaced forty inches or less apart, extending across the full width of the vehicle;

            (32)    "Solid rubber tire," a tire made of rubber other than a pneumatic tire;

            (33)    "Steering axle," any axle on the front of a motor vehicle that is activated by the operator to directly accomplish guidance or steerage of the motor vehicle or combination of vehicles;

            (34)    "Stinger-steered transporter combination," a truck tractor semitrailer combination with a fifth wheel located on a drop frame which is located behind and below the rearmost axle of the power unit;

            (35)    "Tandem axle," two or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle;

            (36)    "Trailer," a vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle;

            (37)    "Truck tractor," a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;

            (38)    "Urban district," the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more;

            (39)    "Vehicle," a device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks; including bicycles, electric bicycles, and ridden animals;

            (40)    "Wireless communication device," any wireless electronic communication device that provides for voice or data communication between two or more parties, including a

mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages, or a laptop computer. A wireless communication device does not include a global positioning or navigation system (GPS) used to receive driving directions.

    Section 14. That § 32-20-1 be amended to read:

    32-20-1. As Terms used in this chapter, the following words shall mean:

            (1)    "Department" the Department of Public Safety.

            (2)    "Moped" a motor driven cycle equipped with two or three wheels. If a combustion engine is used, the maximum piston or rotor displacement shall be fifty cubic centimeters regardless of the number of chambers in such power source. The power source shall be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. The term does not include an electric bicycle as defined in section 1 of this Act.

            (3)    "Motorcycle" includes motorcycles, motorbikes, mopeds, bicycles with motor attached, and all motor operated vehicles of the bicycle or tricycle type, whether the motive power be a part thereof or attached thereto, and having a saddle or seat with the driver sitting astride or upon it, or a platform on which the driver stands, but excluding a tractor. The term does not include an electric bicycle as defined in section 1 of this Act.

            (4)    "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway and includes, but is not limited to, all terrain vehicles, dune buggies and any vehicle whose manufacturer's statement of origin (MSO) or manufacturer's certificate of origin (MCO) states that the vehicle is not for highway use. Off-road vehicle The term does not include a farm vehicle as defined in § 32-3-2.4 or an electric bicycle as defined in section 1 of this Act.

    Section 15. That subdivision (6) of § 32-35-1 be amended to read:

            (6)    "Motor vehicle," every a vehicle which that is self-propelled and every a vehicle which that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term does not include an electric bicycle as defined in section 1 of this Act;

    Section 16. That § 32-38-2 be amended to read:

    32-38-2. For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle intended primarily for use and operation on the public highways including passenger cars, station wagons, vans, taxicabs, emergency vehicles, motor homes, trucks, and pickups any passenger car, station wagon, van, taxicab, emergency vehicle, motor home, truck, or pickup. The term does not include motorcycles, motor scooters, motor bicycles, motorized bicycles, passenger buses, and school buses any motorcycle, motor scooter, motor bicycle, electric bicycle, passenger bus, or school bus. The term also does not include any farm tractors and implements tractor or implement of husbandry designed primarily or exclusively for use in agricultural operations.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\135.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\136.wpd
CHAPTER 136

(SB 11)

Work permits to minors
who refuse to submit to chemical analyses.


        ENTITLED, An Act to revise certain provisions regarding the granting of work permits to minors who refuse to submit to chemical analyses.

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

    Section 1. That § 32-23-11 be amended to read:

    32-23-11. Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis required in § 32-23-10, and wishing pursuant to § 32-23-18 who wants to contest the revocation, shall demand request a hearing, pursuant to chapter 1-26, within one hundred twenty days of arrest. If the secretary of public safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year. The secretary shall determine if the person is eligible to drive for the purpose of employment and may promulgate rules, pursuant to chapter 1-26, for determining that eligibility.

    The secretary of public safety may promulgate rules for restricted licenses as follows:

            (1)    Eligibility;

            (2)    Application;

            (3)    Determination;

            (4)    Limitations; and

            (5)    Grounds for revocation.

     Signed February 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\136.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\137.wpd
CHAPTER 137

(HB 1049)

Driving after consuming certain drugs or substances.


        ENTITLED, An Act to revise certain provisions regarding driving after consuming certain drugs or substances.

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

    Section 1. That § 32-23-21 be amended to read:

    32-23-21. It is a Class 2 misdemeanor for any person under the age of twenty-one years to drive,

operate, or be in actual physical control of any vehicle:

            (1)    If there is physical evidence of 0.02 percent or more by weight of alcohol in the person's blood as shown by a chemical analysis of the person's breath, blood, or other bodily substance; or

            (2)    After having consumed marijuana or any controlled drug or substance, other than a controlled drug or substance lawfully prescribed for the person, for as long as physical evidence of the consumption remains present in the person's body.

    If a person is found guilty of or adjudicated for a violation of this section, the Unified Judicial System shall notify the Department of Public Safety. Upon conviction or adjudication, the court shall suspend that person's driver's license or operating privilege for a period of thirty days for a first offense, one hundred eighty days for a second offense, or and one year for any third or subsequent offense. However, the The court may, upon proof of financial responsibility pursuant to § 32-35.43.1 under § 32-35-43.1, issue an order permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at any counseling programs program.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\137.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\138.wpd
CHAPTER 138

(HB 1216)

Penalties increased for fleeing from police.


        ENTITLED, An Act to increase certain civil penalties for fleeing from police.

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

    Section 1. That § 32-33-20 be amended to read:

    32-33-20. When If the driver of a motor vehicle used in violation of § 32-33-18 is unknown, the vehicle is subject to a civil penalty of two seven hundred fifty dollars.

    Section 2. That § 32-33-21 be amended to read:

    32-33-21. The state's attorney for the county in which the violation of § 32-33-18 occurs shall may commence a civil in rem proceeding against a vehicle used in conjunction with a violation of § 32-33-18. If it is established by a preponderance of the evidence that the charged vehicle was used in violation of § 32-33-18, a civil penalty of five hundred one thousand dollars shall be assessed against the vehicle and shall constitute a lien on the vehicle until the penalty is satisfied.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\138.wpd



MILITARY AFFAIRS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\139.wpd
CHAPTER 139

(HB 1257)

The Department of the Military
may construct two storage buildings.


        ENTITLED, An Act to authorize the Department of the Military to construct two storage buildings, 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 may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, plumbing, water, sewer, electric facilities, architectural and engineering services, and other services or actions as may be required to construct a cold storage building to be located on West Camp Rapid or in the immediate vicinity, in Rapid City, South Dakota.

    Section 2. There is hereby appropriated the sum of seven hundred fifty thousand dollars ($750,000), or so much thereof as may necessary, in federal fund expenditure authority to the Department of the Military to construct the facilities described in section 1 of this Act.

    Section 3. The Department of the Military may contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, plumbing, water, sewer, electric facilities, architectural and engineering services, and other services or actions as may be required to construct a motor vehicle storage building to be located on the Foss Field or in the immediate vicinity, in Sioux Falls, South Dakota.

    Section 4. There is hereby appropriated the sum of three hundred fifty-four thousand dollars ($354,000), or so much thereof as may be necessary, in federal fund expenditure authority to the Department of the Military to construct the facilities described in section 3 of this Act.

    Section 5. The adjutant general of the Department of the Military shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 7. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\139.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\140.wpd
CHAPTER 140

(HB 1263)

Appropriation for the construction of a
National Guard Readiness Center at the Rapid City Airport.


        ENTITLED, An Act to revise the appropriation for the construction of a National Guard Readiness Center at the Rapid City Airport and to declare an emergency.

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

    Section 1. That section 2 of chapter 198 of the 2018 Session Laws be amended to read:

    [Section 2.] There is hereby appropriated from the general fund the sum of five hundred thousand dollars ($500,000) four million three hundred eighty-four thousand eight hundred eighty-five dollars ($4,384,885), 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) fifteen million dollars ($15,000,000), 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 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 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\140.wpd

VETERANS AFFAIRS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\141.wpd
CHAPTER 141

(HB 1260)

Appropriation to continue the veteran's bonus program.


        ENTITLED, An Act to make an appropriation to continue the veteran's bonus program and to declare an emergency.

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

    Section 1. There is hereby appropriated from the general fund the sum of six hundred thousand dollars ($600,000), or so much thereof as may be necessary, to the Department of Veterans Affairs to continue payment of the bonuses authorized in §§ 33A-2-10 to 33A-2-33, inclusive.

    Section 2. The secretary of the Department of Veterans Affairs shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 3. The provisions of § 4-8-21 do not apply to the funds appropriated by this Act.



    Section 4. 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 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\141.wpd

PUBLIC HEALTH AND SAFETY

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\142.wpd
CHAPTER 142

(SB 155)

Additional nursing facility beds
for the Michael J. Fitzmaurice Veterans Home.


        ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home.

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

    Section 1. That § 34-12-35.10 be amended to read:

    34-12-35.10. Notwithstanding the provisions of § 34-12-35.4, the Department of Veterans Affairs may increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total number of beds the nursing facility may operate may not exceed seventy-six seventy-eight.

     Signed March 18, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\142.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\143.wpd
CHAPTER 143

(SB 61)

Nursing facility closures regulated.


        ENTITLED, An Act to provide certain provisions regarding nursing facility closures.

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

    Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:

    Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation, the authorized beds from that existing facility shall be held available by the department for eighteen months from the date the facility closes and shall be available for use by an entity licensed to operate a nursing facility pursuant to this chapter.

    Section 2. That § 34-12-39.2 be amended to read:



    34-12-39.2. No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and is required in order to:

            (1)    Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;

            (2)    Comply with state licensure standards;

            (3)    Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;

            (4)    Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions; or

            (5)    Improve physical conditions which are related to operational or functional deficiencies.

    The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\143.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\144.wpd
CHAPTER 144

(HB 1124)

Information on breast density in a mammogram report.


        ENTITLED, An Act to require health care facilities that perform mammography to inform mammography patients on breast density.

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

    Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:

    Any health care facility as defined in § 34-12-1.1 that performs mammography services shall include information on breast density in the mammogram report that is required to be sent to each mammography patient under the Federal Mammography Quality Standards Act (42 U.S.C. Section 263b), as amended to January 1, 2019. The information shall identify the patient's individual breast density classification as determined by the interpreting physician based on the breast imaging reporting and data system standards established by the American College of Radiology. If the interpreting physician determines that a patient has heterogeneously or extremely dense breasts, the mammogram report shall include the following notice:

    "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is not abnormal. It is found in more than forty percent of women. However, dense breast tissue may make it harder to detect cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information is given to you and your health care provider to raise your awareness of breast density. We encourage you to talk with your health care provider about this and other breast cancer risk factors. Together, you can decide if additional breast imaging would be

beneficial based on your mammogram results, risk factors, and physical examination."

    Notwithstanding any other provision of law, this section does not create a cause of action or create a standard of care, obligation, or duty beyond the duty to provide notice as set forth in this section.

    This section does not require a notice that is inconsistent with the provisions of the Federal Mammography Quality Standards Act or any regulations adopted under the act.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\144.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\145.wpd
CHAPTER 145

(HB 1055)

Parental notification and agreement required
before issuing an order to withhold resuscitation.


        ENTITLED, An Act to require parental notification and agreement before the institution of an order to withhold resuscitation from certain patients.

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

    Section 1. That chapter 34-12F be amended by adding a NEW SECTION to read:

    If a physician determines that a patient who is an unemancipated minor has a life-limiting illness, the physician may not institute an order to withhold resuscitation unless the physician has:

            (1)    Informed at least one of the patient's parents or the patient's legal guardian of the intent to institute such an order; and

            (2)    Made a reasonable attempt to inform the patient's other parent, if that parent's contact information is available or discernible, and if that parent has custodial or visitation rights.

    The physician shall provide the information required by this section orally and in written form unless, using medical judgment, the physician determines that the urgency of the patient's condition requires reliance on only oral information.

    The physician shall ensure that all communications made or attempted in accordance with this section are contemporaneously documented in the patient's medical record and that the record includes a listing of all participants in the communication, the date and time that communications or attempted communications occurred, and whether the information was provided orally or in written form. Copies of any written information provided must also be placed in the medical record.

    Either of the patient's parents or the patient's legal guardian may object, orally or in written form, to the institution of an order to withhold resuscitation. The objection must be contemporaneously documented in the patient's medical record. An objection under this section precludes the physician from instituting an order to withhold resuscitation until the objection is withdrawn or a court permits institution of the order.

    If the patient's parents are unable to agree on the institution of an order to withhold resuscitation, either parent may petition the circuit court of the county in which that parent resides or in which the patient is receiving treatment for an order enjoining a violation or a threatened violation of this

section or to resolve a conflict. Pending a final determination, including any appeals, an order to withhold resuscitation may not be instituted.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\145.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\146.wpd
CHAPTER 146

(SB 118)

Advance care planning.


        ENTITLED, An Act to establish certain provisions regarding advance care planning.

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)    "Advance health care directive," a durable power of attorney executed under §§ 59-7-2.1 to 59-7-2.4, inclusive, a living will executed under chapter 34-12D, or an EMS cardiopulmonary resuscitation directive executed pursuant to chapter 34-12F;

            (2)    "Authorized representative," a person authorized to make health care decisions for a patient pursuant to chapters 29A-5 or 34-12C or §§ 59-7-2.1 to 59-7-2.4, inclusive;

            (3)    "Decision-making capacity," a patient's ability to understand to a reasonable extent the nature of and the significant benefits, risks and alternatives to any proposed health care and to make and communicate, with reasonable accommodation when necessary, a decision regarding the health care;

            (4)    "Department," the Department of Health;

            (5)    "Health care provider," as defined in § 34-12D-1;

            (6)    "Informed consent," consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding;

            (7)    "Life-sustaining treatment," as defined in subdivision 34-12D-1(4);

            (8)    "Medical provider," a physician, physician assistant or certified nurse practitioner designated by a patient or the patient's authorized representative, to have responsibility for the patient's health care;

            (9)    "Medical order for scope of treatment," or "MOST," a document, other than an advance health care directive, executed by a patient who has been diagnosed with a terminal condition, or the patient's authorized representative, and the patient's medical provider and entered in the patient's medical record that provides direction to health care providers about the patient's goals and preferences regarding the use of medical interventions, including cardiopulmonary resuscitation and other life-sustaining treatment;

            (10)    "Patient," a person who has been diagnosed with a terminal condition;

            (11)    "Secretary," the secretary of the Department of Health;

            (12)    "Terminal condition," as defined in § 34-12D-1.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    A patient with decision-making capacity, or in the case that a patient lacks decision-making capacity, the patient's authorized representative, may execute a MOST in the form and manner prescribed by section 4 of this Act.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    A patient's authorized representative may execute a MOST only if the patient lacks decision-making capacity. The patient's lack of decision-making capacity shall be recorded in the patient's medical record.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    The secretary shall develop a standardized form for a MOST and instructions for completion of the form. The secretary shall make the form available to the public on the department's website. A completed form includes:

            (1)    The name and date of birth of the patient;

            (2)    A statement that the patient either has or does not have an advance health care directive;

            (3)    Information regarding the patient's diagnosis of a terminal condition;

            (4)    Information indicating the preference of the patient or the patient's authorized representative regarding the use of cardiopulmonary resuscitation, specified medical interventions, and the intensity of treatment for each intervention, and if there is no such indication of the patient or authorized representative's preference, a directive to health care providers to use all necessary and appropriate medical interventions;

            (5)    A provision directing the administration of artificial nutrition and hydration unless it is determined that:

            (a)    Artificial nutrition and hydration cannot reasonably be expected to prolong the patient's life;

            (b)    The burden of providing artificial nutrition and hydration outweighs its benefit, if the determination of burden refers to the provision of artificial nutrition and hydration itself and not to the quality of the continued life of the patient;

            (c)    Administering artificial nutrition and hydration would cause the patient significant discomfort; or

            (d)    The patient has expressed a desire not to receive artificial nutrition and hydration by tube;

            (6)    A statement confirming that the medical provider and the patient or the patient's authorized representative had a discussion about the patient's medical condition, treatment goals, and use of medical intervention;

            (7)    A statement confirming that the execution of the MOST by the patient or the patient's authorized representative is based on informed consent;

            (8)    A statement advising the patient that if there is a conflict between the MOST and the patient's written directives in any previously executed and unrevoked durable power of attorney or living will, the health care provider will treat the patient in accordance with the instructions in the MOST;

            (9)    The signature and date of signing of the patient or the patient's authorized representative;

            (10)    The signature and date of signing of the medical provider; and

            (11)    A statement that the duty of medicine is to care for patients even when they cannot be cured, that health care providers and their patients must evaluate the use of technology at their disposal based on available information, that judgments about the use of technology to maintain life must reflect the inherent dignity of the patient and the purpose of medical care, and that everyone is to be treated with dignity and respect.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    An original or a copy of a MOST form completed and signed in accordance with section 4 of this Act is a valid medical order for scope of treatment unless revoked. Any health care provider who receives a valid MOST shall make the document part of the patient's medical record.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    A document executed in another state or jurisdiction that meets the requirements for a valid medical order for scope of treatment in that state or jurisdiction is valid in this state.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    Except as provided in sections 8 to 10, inclusive, of this Act, any health care provider who has actual knowledge of a patient's MOST shall treat the patient in accordance with the preferences indicated in the MOST.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    If there is a conflict between a patient's MOST and a patient's oral directives or any written directives in an advance health care directive, the health care provider shall treat the patient in accordance with the most recent instruction.

    Section 9. That the code be amended by adding a NEW SECTION to read:

    A patient with decision-making capacity may revoke a MOST at any time by:

            (1)    Destroying or defacing the MOST with the intent to revoke;

            (2)    A written revocation of the MOST, signed and dated by the patient; or

            (3)    An oral expression of the intent to revoke the MOST, in the presence of a witness eighteen years of age or older who signs and dates in writing, confirming that the expression of intent was made.

    An authorized representative may not revoke a MOST unless the MOST was executed by the authorized representative. The authorized representative shall make the revocation in writing.

    A revocation is effective upon communication to the health care provider. A health care provider who is informed of a revocation shall record the date and time of the notification of revocation in the patient's medical record.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    A health care provider who refuses to comply with the provisions of a duly executed MOST shall:

            (1)    Not prevent the transfer of the patient to another health care provider who is willing to comply with the MOST; and

            (2)    Continue providing care for the patient until the transfer is completed.

    Section 11. That the code be amended by adding a NEW SECTION to read:

    A health care provider may not require or prohibit the execution or revocation of a MOST as a condition for providing health care.

    Section 12. That the code be amended by adding a NEW SECTION to read:

    A health care provider acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider is not subject to civil or criminal liability or to discipline for unprofessional conduct for:

            (1)    Complying with a MOST and assuming that it was valid when made and has not been revoked;

            (2)    Not complying with a MOST when it appears it was revoked or invalid when made;

            (3)    Not complying with a MOST due to the health care provider's beliefs as a matter of conscience; or

            (4)    The good faith belief that the patient has or lacks decision-making capacity.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\146.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\147.wpd
CHAPTER 147

(HB 1121)

Health inspections of food service establishments.


        ENTITLED, An Act to repeal certain provisions regarding health inspections of food service establishments.

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

    Section 1. That § 34-18-25 be repealed.

     Signed February 19, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\147.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\148.wpd
CHAPTER 148

(SB 22)

The controlled substances schedule.


        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-1 be amended to read:

    34-20B-1. Terms as used in this chapter mean:

            (1)    "Administer," to deliver a controlled drug or substance to the ultimate user or human research subject by injection, inhalation, or ingestion, or by any other means;

            (2)    "Agent," an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser and includes a common or contract carrier, public warehouseman, or employee thereof;

            (3)    "Control," to add, remove, or change the placement of a drug, substance, or immediate precursor under §§ 34-20B-27 and 34-20B-28;

            (4)    "Counterfeit substance," a controlled drug or substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser;

            (5)    "Deliver" or "delivery," the actual, constructive, or attempted transfer of a controlled drug, substance, or marijuana whether or not there exists an agency relationship;

            (6)    "Department," the Department of Health created by chapter 1-43;

            (7)    "Dispense," to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery, and a dispenser is one who dispenses;

            (8)    "Distribute," to deliver a controlled drug, substance, or marijuana. A distributor is a person who delivers a controlled drug, substance, or marijuana;

            (9)    "Hashish," the resin extracted from any part of any plant of the genus cannabis, commonly known as the marijuana plant;

            (10)    "Imprisonment," imprisonment in the state penitentiary unless the penalty specifically provides for imprisonment in the county jail;

            (11)    "Manufacture," the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances

of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate consumer;

            (12)    "Marijuana," all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds. The term does not include fiber produced from the mature stalks of the plant, or oil or cake made from the seeds of the plant, or the resin when extracted from any part of the plant or cannabidiol, a drug product approved by the United States Food and Drug Administration;

            (13)    "Narcotic drug," any of the following, 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:

            (a)    Opium, coca leaves, and opiates;

            (b)    A compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates;

            (c)    A substance (and any compound, manufacture, salt, derivative, or preparation thereof) which is chemically identical with any of the substances referred to in subsections (a) and (b) of this subdivision;

                except that the term, narcotic drug, as used in this chapter does not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine;

            (14)    "Opiate" or "Opioid," any controlled drug or substance having an addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability;

            (15)    "Opium poppy," the plant of the species papaver somniferum L., except the seeds thereof;

            (16)    "Person," any corporation, association, limited liability company, partnership or one or more individuals;

            (17)    "Poppy straw," all parts, except the seeds, of the opium poppy, after mowing;

            (18)    "Practitioner," a doctor of medicine, osteopathy, podiatry, optometry, dentistry, or veterinary medicine licensed to practice their profession, or pharmacists licensed to practice their profession; physician assistants certified to practice their profession; certified nurse practitioners and certified nurse midwives to practice their profession; government employees acting within the scope of their employment; and persons permitted by certificates issued by the department to distribute, dispense, conduct research with respect to, or administer a substance controlled by this chapter;

            (18A)    "Prescribe," an order of a practitioner for a controlled drug or substance.

            (19)    "Production," the manufacture, planting, cultivation, growing, or harvesting of a controlled drug or substance;

            (20)    "State," the State of South Dakota;

            (21)    "Ultimate user," a person who lawfully possesses a controlled drug or substance for

personal use or for the use of a member of the person's household or for administration to an animal owned by the person or by a member of the person's household;

            (22)    "Controlled substance analogue," any of the following:

            (a)    A substance that differs in its chemical structure to a controlled substance listed in or added to the schedule designated in schedule I or II only by substituting one or more hydrogens with halogens or by substituting one halogen with a different halogen; or

            (b)    A substance that is an alkyl homolog of a controlled substance listed in or added to schedule I or II; or

            (c)    A substance intended for human consumption; and

            (i)    The chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II;

            (ii)    Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II; or

            (iii)    With respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II;

                However, the term, controlled substance analogue, does not include a controlled substance or any substance for which there is an approved new drug application.

    Section 2. That § 34-20B-13 be amended to read:

    34-20B-13. Any of the following opium derivatives and opiates, 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. 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), N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide (valeryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (butyrl fentanyl); N-[1-(2-hydroxy-2-thiophen-2-ylethyl)piperidin-4-yl]-N-phenylpropanamide (Beta-Hydroxythiofentanyl); N-(4-fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-fluorobutyryl fentanyl); N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-methoxybutyryl fentanyl); N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);

N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl); N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-fluoroisobutyryl fentanyl);

            (21)    1-Methyl-4-phenyl-4-propionoxypiperidine;

            (22)    1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

            (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)

            (26)    2-(2,4-dichlorophenyl)-N-2-(dimethylamino)cyclohexyl)-N-methylacetamide (U-48800);

            (27)    Trans-3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-benzamide (U-49900);

            (28)    N-[2-(dimethylamino)cyclohexyl]-N-methyl-1,3-benzodioxole-5-carboxamide (Methylenedioxy-U-47700); and

            (29)    3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropylbenzamide (Isopropyl-U-47700).

    Section 3. That § 34-20B-14 be amended to read:

    34-20B-14. Any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers, is included in Schedule I, unless specifically excepted, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:

            (1)    Bufotenine;

            (2)    Diethyltryptamine (DET);

            (3)    Dimethyltryptamine (DMT);

            (4)    5-methoxy-N, N-Dimethyltryptamine (5-MeO-DMT);

            (5)    5-methoxy-3, 4-methylenedioxy amphetamine;

            (6)    4-bromo-2, 5-dimethoxyamphetamine;

            (7)    4-methoxyamphetamine;

            (8)    4-methoxymethamphetamine;

            (9)    4-methyl-2, 5-dimethoxyamphetamine;

            (10)    Hashish and hash oil;

            (11)    Ibogaine;

            (12)    Lysergic acid diethylamide;

            (13)    Mescaline;

            (14)    N-ethyl-3-piperidyl benzilate;

            (15)    N-methyl-3-piperidyl benzilate;

            (16)    1-(-(2-thienyl)cyclohexyl) piperidine (TCP);

            (17)    Peyote, except that when used as a sacramental in services of the Native American church in a natural state which is unaltered except for drying or curing and cutting or slicing, it is hereby excepted;

            (18)    Psilocybin;

            (19)    Psilocyn;

            (20)    Tetrahydrocannabinol, other than that which occurs in marijuana in its natural and unaltered state, including any compound, except nabilone or compounds listed under a different schedule, structurally derived from 6,6. dimethyl-benzo[c]chromene by substitution at the 3-position with either alkyl (C3 to C8), methyl cycloalkyl, or adamantyl groups, whether or not the compound is further modified in any of the following ways:

            (a)    By partial to complete saturation of the C-ring; or

            (b)    By substitution at the 1-position with a hydroxyl or methoxy group; or

            (c)    By substitution at the 9-position with a hydroxyl, methyl, or methylhydoxyl group; or

            (d)    By modification of the possible 3-alkyl group with a 1,1. dimethyl moiety, a 1,1. cyclic moiety, an internal methylene group, an internal acetylene group, or a terminal halide, cyano, azido, or dimethylcarboxamido group.

                Some trade and other names: JWH-051; JWH-057; JWH-133; JWH-359; HHC; AM-087; AM-411; AM-855, AM-905; AM-906; AM-2389; HU-210; HU-211; HU-243; HU-336;

            (21)    3, 4, 5-trimethoxy amphetamine;

            (22)    3, 4-methylenedioxy amphetamine;

            (23)    3-methoxyamphetamine;

            (24)    2, 5-dimethoxyamphetamine;

            (25)    2-methoxyamphetamine;

            (26)    2-methoxymethamphetamine;

            (27)    3-methoxymethamphetamine;

            (28)    Phencyclidine;

            (29)    3, 4-methylenedioxymethamphetamine (MDMA);

            (30)    3, 4-methylenedioxy-N-ethylamphetamine;

            (31)    N-hydroxy-3, 4-methylenedioxyamphetamine;

            (32)    4-methylaminorex (also known as 2-Amino-4-methyl/x-5-phenyl-2-oxazoline);

            (33)    2,5 Dimethoxy-4-ethylamphetamine;

            (34)    N,N-Dimethylamphetamine;

            (35)    1-(1-(2-thienyl)cyclohexyl)pyrrolidine;

            (36)    Aminorex;

            (37)    Cathinone and other variations, defined as any compound, material, mixture, preparation or other product unless listed in another schedule or an approved FDA drug (e.g. buproprion, pyrovalerone), structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:

            (a)    By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substitutents;

            (b)    By substitution at the 3-position with an acyclic alkyl substituent;

            (c)    By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

                Some trade or other names: methcathinone, 4-methyl-N-methylcathinone (mephedrone); 3,4-methylenedioxy-N-methylcathinone (methylone); 3,4-methylenedioxypyrovalerone (MDPV); Naphthylpyrovalerone (naphyrone); 4-flouromethcathinone (flephedrone); 4-methoxymethcathinone (methedrone; Bk-PMMA); Ethcathinone (N-Ethylcathinone); 3,4-methylenedioxyethcathinone (ethylone); Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (butylone); N,N-dimethylcathinone (metamfepramone); Alpha-pyrrolidinopropiophenone (alpha-PPP); 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP); 3,4-methylenedioxyalphapyrrolidinopropiophenone (MDPPP); Alpha-pyrrolidinovalerophenone (alpha-PVP); 3-fluoromethcathinone; 4.-Methyl-alpha-pyrrolidinobutiophenone (MPBP); Methyl-.;-pyrrolindinopropiophenone (MPPP); Methyl-.;-pyrrolidino-hexanophenone (MPHP); Buphedrone; Methyl-N-ethylcathinone; Pentedrone; Dimethylmethcathinone (DMMC); Dimethylethcathinone (DMEC); Methylenedioxymethcathinone (MDMC); Pentylone; Ethylethcathinone; Ethylmethcathinone; Fluoroethcathinone; methyl-alpha-pyrrolidinobutiophenone (MPBP); Methylecathinone (MEC); Methylenedioxy-alpha-pyrrolidinobutiophenone (MDPBP); Methoxymethcathinone (MOMC); Methylbuphedrone (MBP); Benzedrone (4-MBC); Dibutylone (DMBDB); Dimethylone (MDDMA); Diethylcathinone; Eutylone (EBDB); N-ethyl-N-Methylcathinone; N-ethylbuphedrone, 1-(1,3-benzodioxol-5-yl)2-(ethylamino)pentan-1-one (N-Ethylpentylone); 4'-Methyl-alpha-pyrrolidinopropiophenone (4-MEPPP, MPPP or M.PPP); alpha-Pyrrolidinobutiophenone (.PBP); 1-(1,3-benzodioxol-5-yl)-2-(tert-butylamino)propan-1-one (Tertylone); 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)hexan-1-one (N-ethyl Hexylone);

            (38)    2,5-Dimethoxy-4-ethylamphetamine (DOET);

            (39)    Alpha-ethyltryptamine;

            (40)    4-Bromo-2,5-dimethoxy phenethylamine;

            (41)    2,5-dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7);

            (42)    1-(3-trifluoromethylphenyl) piperazine (TFMPP);

            (43)    Alpha-methyltryptamine (AMT);

            (44)    5-methoxy-N,N-diisopropyltryptamine (5-MeO-DIPT);

            (45)    5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);

            (46)    Synthetic cannabinoids. Any material, compound, mixture, or preparation that is not listed as a controlled substance in another schedule, is not an FDA-approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, modifications of the indole ring by nitrogen heterocyclic analog substitution or nitrogen heterocyclic analog substitution of the phenyl, benzyl, naphthyl, adamantly, cyclopropyl, cumyl, or propionaldehyde structure, and salts of isomers, homologues, and modifications, unless specifically excepted, whenever the existence of these salts, isomers, homologues, modifications, and salts of isomers, homologues, and modifications is possible within the specific chemical designation:

            (a)    Naphthoylindoles. Any compound containing a 2-(1-naphthoul naphthoyl)indole or 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.

                Some trade or other names: JWH-015; 1-pentyl-3-(1-naphthoyl)indole (JWH-018); 1-hexyl-3-(1-naphthoyl)indole (JWH-019); 1-butyl-3-(1-naphthoyl)indole (JWH-073); 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); JWH-210; JWH-398; 1-pentyl-3-(1-naphthoyl)indole (AM-678); 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201); WIN 55-212; JWH-004; JWH-007; JWH-009; JWH-011; JWH-016; JWH-020; JWH-022; JWH-046; JWH-047; JWH-048; JWH-049; JWH-050; JWH-070; JWH-071; JWH-072; JWH-076; JWH-079; JWH-080; JWH-082; JWH-094; JWH-096; JWH-098; JWH-116; JWH-120; JWH-148; JWH-149; JWH-164; JWH-166; JWH-180; JWH-181; JWH-182; JWH-189; JWH-193; JWH-198; JWH-211; JWH-212; JWH-213; JWH-234; JWH-235; JWH-236; JWH-239; JWH-240; JWH-241; JWH-258; JWH-262; JWH-386; JWH-387; JWH-394; JWH-395; JWH-397; JWH-399; JWH-400; JWH-412; JWH-413; JWH-414; JWH-415; JWH-424; AM-678; AM-1220; AM-1221; AM-1235; AM-2232, THJ-2201;

            (b)    Naphthylmethylindoles. Any compound containing a 1H-indol-2-yl-(1-naphthyl)methane or 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the naphthyl ring to any extent.

                Some trade or other names: JWH-175; JWH-184; JWH-185; JWH-192; JWH-194; JWH-

195; JWH-196; JWH-197; JWH-199;

            (c)    Phenylacetylindoles. Any compound containing a 2-phenylacetylindole or 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.

                Some trade or other names: 1-cyc lohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18); 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8); 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203); JWH-167; JWH-201; JWH-202; JWH-204; JWH-205; JWH-206; JWH-207; JWH-208; JWH-209; JWH-237; JWH-248; JWH-249; JWH-251; JWH-253; JWH-302; JWH-303; JWH-304; JWH-305; JWH-306; JWH-311; JWH-312; JWH-313; JWH-314; JWH-315; JWH-316; Cannabipiperidiethanone;

            (d)    Benzoylindoles. Any compound containing a 2-(benzoyl)indole or 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indole ring to any extent and whether or not substituted on the phenyl ring to any extent.

                Some trade or other names: 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19); Pravadoline (WIN 48,098); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4); AM-630; AM-661; AM-2233; AM-1241;

            (e)    Naphthoylpyrroles. Any compound containing a 2-(1-naphthoyl)pyrrole or 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the pyrrole ring to any extent and whether or not substituted on the naphthyl ring to any extent.

                Some trade or other names: JWH-307; JWH-030; JWH-031; JWH-145; JWH-146; JWH-147; JWH-150; JWH-156; JWH-242; JWH-243; JWH-244; JWH-245; JWH-246; JWH-292; JWH-293; JWH-308; JWH-309; JWH-346; JWH-348; JWH-363; JWH-364; JWH-365; JWH-367; JWH-368; JWH-369; JWH-370; JWH-371; JWH-373; JWH-392;

            (f)    Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, cyanoalky, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not further substituted on the indene ring to any extent and whether or not substituted on the naphthyl ring to any extent.

                Some trade or other names: JWH-171; JWH-176; JWH-220;

            (g)    Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group, whether or not substituted on the cyclohexyl ring to any extent.

                Some trade or other names: 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47, 497 and homologues, which includes C8); cannabicyclohexanol; CP-55,490; CP-55,940; CP-56,667;

            (h)    (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names: HU-210;

            (i)    2,3-Dihydro-5-methyl-3-(4-m orpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenyl. Some trade or other names: WIN 55, 212-2;

            (j)    Substituted Acetylindoles. Any compound containing a 2-acetyl indole or 3-acetyl indole structure substituted at the acetyl by replacement of the methyl group with a tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde substituent whether or not further substituted on the tetramethylcyclopropyl, adamantyl, benzyl, cumyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.

                Some trade and or names: (1-Pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144); (1-(5-fluoropentyl)indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11); (1-(2-morpholin-4-ylethyl)-1H-indol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (A-796,260); 1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole (AM-1248); 1-Pentyl-3-(1-adamantoyl)indole (AB-001 and JWH-018 adamantyl analog); AM-679;

            (k)    Substituted Carboxamide Indole. Any compound containing a 2-carboxamide indole or 3-carboxamide indole structure substituted at the nitrogen of the carboxamide with a tetramethylcyclopropyl, naphthyl, adamantyl, cumyl, phenyl, or propionaldehyde substituent, whether or not further substituted on the tetramethylcyclopropyl, adamantyl, cumyl, naphthyl, phenyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, benzyl, or halobenzyl group whether or not further substituted on the indole ring to any extent.

                Some trade and other names: JWH-018 adamantyl carboxamide; STS-135; MN-18; 5-Fluoro-MN-18, 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3-carboxamide (5F-CUMYL-P7AICA) ; N-(Adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5F-APINACA); methyl (2R)-2-[[1-(5-fluoropentyl)indazole-3-carbonyl]amino]-3,3-dimethylbutanoate (5F-ADB); N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide

(AB-CHMINACA); 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (4-CN-CUMYL-BUTINACA); methyl (2R)-2-[[1-(5-fluoropentyl)indazole-3-carbonyl]amino]-3,3-dimethylbutanoate (5F-ADB);N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (ADB-CHMINACA or MAB-CHMINACA); methyl (2S)-2-[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3,3-dimethylbutanoate (MDMB-FUBINACA); methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate (MMB-CHMICA); methyl (2S)-2-[[1-[(4-fluorophenyl)methyl]indazole-3-carbonyl]amino]-3-methylbutanoate (AMB-FUBINACA); Methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (5F-AMB);

            (l)    Substituted Carboxylic Acid Indole. Any compound containing a 1H-indole-2-carboxylic acid or 1H-indole-3-carboxylic acid substituted at the hydroxyl group of the carboxylic acid with a phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, quinolinyl, isquinolinyl, cumyl, or propionaldehyde substituent whether or not further substituted on the phenyl, benzyl, naphthyl, adamantyl, cyclopropyl, cumyl, quinolinyl, isquinolinyl, or propionaldehyde substituent to any extent and whether or not further substituted at the nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1-(N-methyl-3-morpholinyl)methyl, tetrahydropyranylmethyl, benzyl, or halo benzyl group whether or not further substituted on the indole ring to any extent.

                Some trade and other names: Naphthalen-1-yl 1-(5-fluoropntyl)-1H-indole-3-carboxylate (NM2201);

            (47)    6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI);

            (48)    2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);

            (49)    2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);

            (50)    2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);

            (51)    2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);

            (52)    2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);

            (53)    2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);

            (54)    2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);

            (55)    2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);

            (56)    2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);

            (57)    Substituted phenethylamine. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from phenylethan-2-amine by substitution on the phenyl ring in any of the following ways, that is to say--by substitution with a fused methylenedioxy, fused furan, or fused tetrahydrofuran ring system; by substitution with two alkoxy groups; by substitution with one alkoxy and either one fused furan, tetrahydrofuran, or tetrahydropyran ring system; by substitution with two fused ring systems from any combination of the furan,

tetrahydrofuran, or tetrahydropyran ring systems; whether or not the compound is further modified in any of the following ways:

            (a)    By substitution on the phenyl ring by any halo, hydroxyl, alkyl, trifluoromethyl, alkoxy, or alkylthio groups;

            (b)    By substitution on the 2-position by any alkyl groups; or

            (c)    By substitution on the 2-amino nitrogen atom with acetyl, alkyl, dialkyl, benzyl, methoxybenzyl, or hydroxybenzyl groups.

                Some trade and other names: 2-(2,5-dimethoxy-4-(methylthio)phenyl)ethanamine (2C-T or 4-methylthio-2,5-dimethoxyphenethylamine); 1-(2,5-dimethoxy-4-iodophenyl)-propan-2-amine (DOI or 2, 5-Dimethoxy-4-iodoamphetamine); 1-(4-Bromo-2,5-dimethoxyphenyl)-2-aminopropane (DOB or 2,5-Dimethoxy-4-bromoamphetamine); 1-(4-chloro-2,5-dimethoxy-phenyl)propan-2-amine (DOC or 2,5-Dimethoxy-4-chloroamphetamine); 2-(4-bromo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-B-NBOMe; 25B-NBOMe or 2,5-Dimethoxy-4-bromo-N-(2-methoxybenzyl)phenethylamine); 2-4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-I-NBOMe; 25I-NBOMe or 2,5-Dimethoxy-4-iodo-N-(2-methoxybenzyl)phenethylamine); N-(2-Methoxybenzyl)-2-(3,4,5-trimethoxypheny (Mescaline-NBOMe or 3,4,5-trimethoxy-(2-methoxybenzyl)phenethylamine); 2-(4-chloro-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine (2C-C-NBOMe; 25C-NBOMe or 2,5-Dimethoxy-4-chloro-N-(2-methoxybenzyl)phenethylamine); 2-(7-Bromo-5-methoxy-2,3-dihydro-1-benzofuran-4-yl)ethanamine (2CB-5-hemiFLY); 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2C-B-FLY); 2-(10-Bromo-2,3,4,7,8,9-hexahydropyrano[2,3-g]chromen-5-yl)ethanamine (2C-B-butterFLY); -(2-Methoxybenzyl)-1-(8-bromo-2,3,6,7-tetrahydrobenzo[1,2-b:4,5-b.]difuran-4-yl)-2-aminoethane (2C-B-FLY-NBOMe); 1-(4-Bromofuro[2,3-f][1]benzofuran-8-yl)propan-2-amine (bromo-benzodifuranyl-isopropylamine or bromo-dragonFLY); -(2-Hydroxybenzyl)-4-iodo-2,5-dimethoxyphenethylamine (2C-I-NBOH or 25I-NBOH); 5-(2-Aminoprpyl)benzofuran (5-APB); 6-(2-Aminopropyl)benzofuran (6-APB); 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB); 6-(2-Aminopropyl)-2,3,-dihydrobenzofuran (6-APDB);

            (58)    Substituted tryptamines. Any compound, unless specifically exempt, listed as a controlled substance in another schedule or an approved FDA drug, structurally derived from 2-(1H-indol-3-yl)ethanamine (i.e, tryptamine) by mono- or di-substitution of the amine nitrogen with alkyl or alkenyl groups or by inclusion of the amino nitrogen atom in a cyclic structure whether or not the compound is further substituted at the alpha-position with an alkyl group or whether or not further substituted on the indole ring to any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups.

                Some trade and other names: 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT); 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT or O-Acetylpsilocin); 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET); 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DIPT); 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);

            (59)    Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone (CB-13);

            (60)    N-Adamantyl-1-pentyl-1H-Indazole-3-carboxamide (AKB 48);

            (61)    1-(4-Fluorophenyl)piperazine (pFPP);

            (62)    1-(3-Chlorophenyl)piperazine (mCPP);

            (63)    1-(4-Methoxyphenyl)piperazine (pMeOPP);

            (64)    1,4-Dibenzylpiperazine (DBP);

            (65)    Isopentedrone;

            (66)    Fluoromethamphetamine;

            (67)    Fluoroamphetamine;

            (68)    Fluorococaine;

            (69)    1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);

            (70)    1-(5-fluoropentyl)-8-quinolinyl ester-1H-indole-3-carboxylic acid (5 Fluoro-PB-22);

            (71)    N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB-PINACA);

            (72)    N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5 Fluoro-AB-PINACA);

            (73)    N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB-FUBINACA);

            (74)    N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indole-3-carboxamide (ADB-PINACA (ADBICA));

            (75)    N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indole-3-carboxamide (5 Fluoro-ADB-PINACA (5 Fluoro-ADBICA)); and

            (76)    N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (ADB-FUBINACA).

    Section 4. That § 34-20B-25 be amended to read:

    34-20B-25. The following are included in Schedule IV:

            (1)    Chlordiazepoxide, but not including librax (chlordiazepoxide hydrochloride and clindinium bromide) or menrium (chlordiazepoxide and water soluble esterified estrogens);

            (2)    Clonazepam;

            (3)    Clorazepate;

            (4)    Diazepam;

            (4A)    Flunitrazepam;

            (5)    Flurazepam;

            (6)    Mebutamate;

            (7)    Oxazepam;

            (8)    Prazepam;

            (9)    Lorazepam;

            (10)    Triazolam;

            (11)    Any substance which contains any quantity of a benzodiazepine, or salt of benzodiazepine, except substances which are specifically listed in other schedules;

            (11A)    Alprazolam;

            (11B)    Midazolam;

            (11C)    Temazepam;

            (12)    Repealed by SL 2003, ch 183, § 4;

            (13)    Cathine;

            (14)    Fencamfamine;

            (15)    Fenproporex;

            (16)    Mefenorex;

            (17)    Pyrovalerone;

            (18)    Propoxyphene;

            (19)    Pentazocine;

            (20)    Diethylpropion;

            (21)    Ethchlorvynol;

            (22)    Ethinamate;

            (23)    Fenfluramine;

            (24)    Mazindol;

            (25)    Mephobarbital;

            (26)    Methohexitol;

            (27)    Paraldehyde;

            (28)    Pemoline;

            (29)    Petrichloral;

            (30)    Phentermine;

            (31)    Barbital;

            (32)    Phenobarbital;

            (33)    Meprobamate;

            (34)    Zolpidem;

            (35)    Butorphanol;

            (36)    Modafinil, including its salts, isomers, and salts of isomers;

            (37)    Sibutramine;

            (38)    Zaleplon;

            (39)    Dichloralphenazone;

            (40)    Zopiclone (also known as eszopiclone), including its salts, isomers, and salts of isomers;

            (41)    Pregabalin;

            (42)    Lacosamide;

            (43)    Fospropofol, including its salts, isomers, and salts of isomers;

            (44)    Clobazam;

            (45)    Carisoprodol, including its salts, isomers, and salts of isomers;

            (46)    Ezogabine,[-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester], including its salts, isomers, and salts of isomers;

            (47)    Lorcaserin, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible;

            (48)    Alfaxalone, 5[alpha]-pregnan-3[alpha]-ol-11,20-dione, including its salts, isomers, and salts of isomers;

            (49)    Tramadol, 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers;

            (50)    Suvorexant, including its salts, isomers, and salts of isomers;

            (51)    Eluxadoline,(5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) including its optical isomers and its salts, isomers, and salts of isomers;

            (52)    Brivaracetam; and

            (53)    Cannabidiol Epidiolex, or successor trade name, that has been approved by the United States Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no more than 0.1 percent (w/w) residual tetrahydrocannabinols.


    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 19, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\149.wpd
CHAPTER 149

(SB 72)

Physician to use a prescribed consent form for an abortion.


        ENTITLED, An Act to provide for a form a physician must use to obtain consent to an abortion.

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:

    To meet the requirement of subdivision 34-23A-10.1(1), a physician shall use a form prescribed by the department. The department shall promulgate rules pursuant to chapter 1-26 specifying the form necessary to meet the requirement of this section.

    Section 2. This Act is effective January 1, 2020.

     Signed March 20, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\150.wpd
CHAPTER 150

(SB 85)

The deadline for the Department of Health's annual report
regarding abortions.


        ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding abortions.

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

    Section 1. That § 34-23A-36 be amended to read:

    34-23A-36. The department shall issue a public report on or before November fifteenth July first of each year providing the same detailed information required by the reporting forms required by §§ 34-23A-34 to 34-23A-45, inclusive. The public report shall cover the entire previous calendar year and shall be compiled from the data in all the reporting forms required by §§ 34-23A-34 to 34-23A-45, inclusive, and submitted to the department in accordance with §§ 34-23A-34 to 34-23A-45, inclusive. Each public report shall also provide such detailed information for all previous calendar years, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports may reasonably lead to identification of any physician who performed or treated an abortion or any mother who has

had an abortion.

     Signed March 11, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\150.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\151.wpd
CHAPTER 151

(HB 1190)

Reporting requirements revised related to abortions.


        ENTITLED, An Act to provide for certain reporting requirements related to abortions.

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

    Section 1. That § 34-23A-37 be amended to read:

    34-23A-37. The Department of Health shall prepare a reporting form for physicians which shall provide for the collection of the following information:

            (1)    The number of females pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(1); of that number, the number provided by telephone and the number provided in person; and of each of those numbers, and of those pregnant mothers, the number to whom the physician provided information in the capacity of a referring physician and the number to whom the physician provided information in the capacity of a physician who is to perform the abortion;

            (2)    The number of females pregnant mothers to whom the physician provided the information described in subdivision 34-23A-10.1(2); of that number, the number provided by telephone and the number provided in person; of each of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion; and of each of those numbers, the number provided by the physician and the number provided by an agent of the physician;

            (3)    The number of females pregnant mothers who availed themselves of the opportunity to obtain a copy of the printed information described in § 34-23A-10.3, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

            (3A)(4) The number of females pregnant mothers who availed themselves of the opportunity to view a sonogram image, hear the heartbeat of her the unborn child, or both, pursuant to § 34-23A-52, and the number who did not; and of each of those numbers, the number who, to the best of the reporting physician's information and belief, went on to obtain the abortion;

            (4)(5)    The number of abortions performed by the physician in which information otherwise required to be provided at least twenty-four hours before the abortion was not provided because an immediate abortion was necessary to avert the female's pregnant mother's death, and the number of abortions in which such information was not so provided because a delay would create have created a serious risk of substantial and irreversible impairment of a major bodily function;

            (5)(6)    The name of the hospital or physician office;

            (6)(7)    The date of report by month, day, and year of the report; and

            (7)(8)    A unique patient number that can be used to link the report under this section to the medical report for inspection, clarification, and correction purposes, but that which cannot, of itself, reasonably lead to the identification of any person pregnant mother obtaining an abortion.

     Signed March 20, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\152.wpd
CHAPTER 152

(HB 1177)

Sonogram required before performing an abortion.


        ENTITLED, An Act to provide an opportunity to view a sonogram and hear the child's heartbeat prior to an abortion.

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

    Section 1. That § 34-23A-52 be amended to read:

    34-23A-52. No facility that performs abortions may perform an abortion on a pregnant woman without first offering the pregnant woman an opportunity to view a sonogram of her unborn child. The woman's response to the offer shall be documented by the facility, including the date and time of the offer and the woman's signature attesting to her informed decision. No physician may take a consent for an abortion from a pregnant mother without first offering the pregnant mother an opportunity to view a sonogram and hear the heartbeat of her unborn child. The physician shall offer to describe the images on the sonogram if the pregnant mother consents. The pregnant mother's response to the offer under this section shall be documented by the physician in the patient's medical records, including the date and time of the offer and the pregnant mother's signature to her response to the offer.

    Section 2. That chapter 34-23A be amended by adding a NEW SECTION to read:

    The provisions of § 34-23A-52 do not apply to an abortion provider or facility in the case of a medical emergency. Upon a determination by a physician under this section that a medical emergency exists, the physician shall certify the specific medical conditions that constitute the emergency.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\152.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\153.wpd
CHAPTER 153

(HB 1110)

Penalty for failure to file a birth or death certificate.


        ENTITLED, An Act to establish a penalty for certain persons who fail to file a birth certificate or who fail to provide the notice required for the filing of a death certificate.

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

    Section 1. That § 34-25-9.1 be amended to read:

    34-25-9.1. If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

            (1)    The physician in attendance at or immediately after the birth, or in the absence of such a person;

            (2)    Any other person in attendance at or immediately after the birth, or in the absence of such a person;

            (3)    The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

    The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.

    Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor.

    Section 2. That § 34-25-21 be amended to read:

    34-25-21. If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of such the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts.

    Unless good cause is shown, a person in charge of a body who fails to notify the county coroner and sheriff of the death no later than twenty-four hours following the death is guilty of a Class 2 misdemeanor.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\153.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\154.wpd
CHAPTER 154

(SB 56)

The regulation of fireworks.


        ENTITLED, An Act to revise certain provision regarding the regulation of fireworks and to declare an emergency.

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

    Section 1. That § 34-37-1 be amended to read:



    34-37-1. Terms used in this chapter mean:

            (1)    "Consumer fireworks," fireworks designed primarily to produce visible effects by combustion,; that must comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R. Title 16--Commercial Practices, Part 1507) 16 C.F.R. Part 1507, effective January 1, 1998 2019, and that are enumerated in classified as 1.4G, UN0336 under the American Pyrotechnics Association Inc., Standard 87-1, April, 1993 2001 edition;

            (2)    "Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;

            (3)    "Public event," use of fireworks for commerce on public property or sponsored by a public entity;

            (4)    "Retailer," or "Retailer licensee," includes every any person engaged licensed under this chapter to engage in the business of making sales of fireworks at retail;

            (3)(5)    "Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;

            (4)(6)    "Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, for a consideration;

            (5)(7)    "Wholesaler," or "Wholesaler licensee," any person engaged licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers.

    Section 2. That § 34-37-2 be amended to read:

    34-37-2. No A person may sell, hold for sale, or offer is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state unless such person has first obtained without a license as a wholesaler or retailer issued under this chapter.

    Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by it. Each the department. An application shall be accompanied by the required an application fee, which shall be of five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license. A separate twenty-five dollar retailer's

    In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer sales license is required for a fee of twenty-five dollars, for each sales period, as specified in § 34-37-10, during which a retailer may sell fireworks. Each An application for a twenty-five dollar retailer's the retailer sales license in any year must shall be received by the department no later than fifteen days before the beginning of the sales period. Any application for a twenty-five dollar retailer's retailer sales license received after that date shall be denied by the department and returned to the applicant, together with any application fee submitted. The twenty-five dollar retailer's retailer sales license expires sixty days after the end of the sales period and is renewable annually until the application deadline for the corresponding sales period. The retailer licensee shall at all times display the retailer sales license shall at all times be displayed at the retailer's place of business of the holder of the license.

    The Any funds received by the department under the provisions of this section shall be deposited in the state general fund.

    Section 3. That § 34-37-2.1 be amended to read:

    34-37-2.1. No A person under the age of eighteen years shall may not be licensed under this chapter and no licensee shall. A wholesaler or retailer may not employ or permit any individual person under the age of eighteen to sell, dispense, or offer for sale, within the State of South Dakota any permissible fireworks enumerated in this chapter. A violation of this section is a Class 1 misdemeanor.

    Section 4. That § 34-37-2.2 be amended to read:

    34-37-2.2. In addition to licenses available in any license required under § 34-37-2, two special retail licenses may be obtained for any sales to out-of-state residents. The first is a sixty-six day, a retailer licensee may obtain:

            (1)    An early season license to operate from the first day of May through the fifth day of July first to June twenty-sixth, with a required fee of one thousand dollars. The second option is a fifty-seven day; or

            (2)    A late season license to operate from the sixth day of July through the thirty-first day of sixth to August thirty-first, and from December twenty-eighth to January first, with a required fee of one thousand dollars. The fifty-seven day special retail license also allows the retail sale of fireworks to residents and nonresidents during the period beginning December twenty-eighth and extending through January first, as provided in § 34-37-10. A

    A retailer licensee with a license issued under this section that is located west of the Missouri River shall provide any consumer with a copy of the South Dakota any law which that prohibits the discharge use of fireworks and a map of the Black Hills Forest Fire Protection District shall be provided with every with any sale of fireworks under a license granted pursuant to this section, except for sales, other than any sale occurring from the twenty-seventh day of June through the fifth day of twenty-seventh to July fifth. A violation of this section is a Class 1 misdemeanor.

    Section 5. That § 34-37-4 be amended to read:

    34-37-4. Except as provided in § 34-37-12, no a person shall possess, sell, offer for sale, bring into this state, or discharge is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than permissible consumer fireworks.

    Section 6. That § 34-37-6 be amended to read:

    34-37-6. Before any additional permissible fireworks not enumerated in under § 34-37-5 may be sold, held for sale, or offered for sale in this state, they the licensee shall be submitted submit the fireworks to the Department of Public Safety for examination to determine their compliance. For any fireworks submitted under this section that comply with 16 C.F.R. Title 16, Commercial Practices, Part 1507, effective January 1, 1998 2019, and the American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition, the department shall authorize the fireworks for sale in this state. A violation of this section is a Class 1 misdemeanor.

    Section 7. That § 34-37-8 be amended to read:

    34-37-8. No A person who is guilty of a Class 1 misdemeanor if the person is not licensed as a wholesaler or retailer shall bring and transports any fireworks into this state. No for sale. A retailer shall may not sell any fireworks which that have not been purchased from a wholesaler licensed under the provisions of this chapter.


    Section 8. That § 34-37-10 be amended to read:

    34-37-10. No A person, firm, or corporation may offer fireworks for sale to individuals is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail except other than during the period beginning between June twenty-seventh and extending through July fifth and or during the period beginning between December twenty-eighth and extending through January first. Any person obtaining the special sixty-six day or the special fifty-seven day retail licenses

    A person who is issued a license under § 34-37-2.2 may sell fireworks to out-of-state residents for the periods of time designated in § 34-37-2.2. Retail sales A person who is issued a late season license under § 34-37-2.2 or a retailer license under § 34-37-2 may sell any fireworks to residents and nonresidents during the period from December twenty-eighth through to January first period may only be made by holders of a special fifty-seven day retail license established pursuant to § 34-37-2.2 and by holders of a retailer's license as provided in § 34-37-2. Retail sales are not permitted after.

    A retail licensee may not make any sale of fireworks between the hours of twelve a.m. or prior to and seven a.m. from the twenty-seventh day of June through the fifth day of July and from the twenty-eighth day of December through the first day of January.

    Section 9. That § 34-37-10.1 be amended to read:

    34-37-10.1. No retailer shall sell A person is guilty of a Class 1 misdemeanor if the person sells any fireworks from any a motor vehicle.

    Section 10. That § 34-37-10.2 be amended to read:

    34-37-10.2. If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy a the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation of this section is a Class 1 misdemeanor.

    For the purposes of this section, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be able to be opened from the inside without the use of a key or any special knowledge or effort.

    Section 11. That § 34-37-10.3 be amended to read:

    34-37-10.3. Signs must be prominently posted on all displays of fireworks offered for sale at retail, which shall read At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN TWENTY-FIVE FIFTY FEET." A person is guilty of a Class 1 misdemeanor if the person smokes within fifty feet of a location under this section.

    Section 12. That § 34-37-10.4 be amended to read:

    34-37-10.4. In all buildings or structures wherein At any location where consumer fireworks are being offered for sale the licensee shall have a sign prominently posted stating prominently post a sign that states no fireworks can may be ignited or discharged used within one hundred fifty three hundred feet of the licensee's premises. A person is guilty of a Class 1 misdemeanor if the person ignites or uses any fireworks within three hundred feet of a location under this section.

    Section 13. That § 34-37-10.5 be amended to read:

    34-37-10.5. No licensee may have on the premises A person is guilty of a Class 1 misdemeanor

if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted. Each on the premises of a retail licensee. A retailer licensee shall in the conduct of the business of selling fireworks keep and maintain upon the retailer's premises a fire extinguisher bearing a rated capacity of at least 2-A.

    Section 14. That § 34-37-11 be amended to read:

    34-37-11. No person may sell or cause to be sold, discharge use, or cause to be discharged used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District, and no.

    No person may discharge use or cause to be discharged used, any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state.

    No person may sell or cause to be sold, discharge, use or cause to be discharged used, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks. However, the Department of Game, Fish and Parks may, by without written authorization, permit by the department permitting the discharge use of pyrotechnics or consumer fireworks, pyrotechnic displays, sales, or exhibits on land owned or leased by the department, unless the department is otherwise prohibited by statute law from providing the written authorization.

    Any A violation of this section which occurs on any land owned or leased by the Department of Game, Fish and Parks is a Class 2 misdemeanor. Any A second or subsequent violation of this Section section is a Class 1 misdemeanor.

    Section 15. That § 34-37-12 be amended to read:

    34-37-12. Nothing in this chapter shall prohibit licensed wholesalers or manufacturers prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, permissible fireworks to any person or entity outside of the State of South Dakota if the sale and transportation are this state, consistent with 18 U.S.C. § 836, effective on January 1, 1983. The 2019. Any delivery of such fireworks shall only may be made by a properly certified motor carrier as specified in chapter 49-28 or by licensed fireworks wholesalers or manufacturers in a vehicle owned or leased by a wholesaler licensee, manufacturer, or fireworks permit holders in vehicles owned or leased by them holder. A violation of this section is a Class 1 misdemeanor.

    Section 16. That § 34-37-12.1 be amended to read:

    34-37-12.1. Written A wholesaler licensee shall retain written evidence of the delivery of permissible fireworks to any person or entity outside of the State of South Dakota shall be retained by the wholesaler. Acceptable evidence includes this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a properly certified motor carrier if the purchaser is unlicensed. A violation of this section is a Class 1 misdemeanor.

    Section 17. That § 34-37-13 be amended to read:

    34-37-13. Nothing in this chapter prohibits the use of public display of display fireworks at a public or private event. However, any person, association, organization, municipality, county, firm, partnership, or corporation, before making such public display of A person using display fireworks at a public or private event shall secure obtain a written permit from the governing board body of the municipality, township, or county where the public display is to be fired, and shall have purchased fireworks for the display from a licensed wholesaler under this chapter. Any public display fireworks are to be used. Display fireworks may only be purchased from a wholesaler licensee. Use of display

fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1123, 1995 2018 edition. A violation of this section is a Class 1 misdemeanor.

    Section 18. That chapter 34-37 be amended by adding a NEW SECTION to read:

    Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by § 34-37-16.1 shall obtain a permit from the governing body of the municipality, township, or county where the consumer fireworks are to be used. Consumer fireworks may only be purchased from a retailer licensee or wholesaler licensee. Use of consumer fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1124, 2006 edition. A violation of this section is a Class 1 misdemeanor.

    Section 19. That § 34-37-15 be amended to read:

    34-37-15. If a person For any licensee who is found guilty of violating any of the provisions of a second or subsequent violation under this chapter a subsequent time, such violation may constitute cause for revocation or suspension of the license held by that person and for refusal, the department may revoke or suspend the license and refuse to renew the license upon its expiration thereof.

    Section 20. That § 34-37-16 be amended to read:

    34-37-16. No A person shall possess is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5. If any person shall have in his possession possesses any fireworks in violation of said section § 34-37-5, a warrant may be issued for the seizure of such the fireworks, and such. Any fireworks seized under this section shall be safely kept stored to be used as evidence.

    Upon conviction of the offender, the any person charged under this section, any seized fireworks shall be destroyed, but if the offender is discharged, the. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person in whose possession they were found, provided, however, that nothing in this.

    This chapter shall does not apply to the transportation of fireworks by regulated carriers.

    Section 21. That § 34-37-16.1 be amended to read:

    34-37-16.1. Except as otherwise provided in this chapter, it is unlawful for a person to discharge fireworks in this state a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period beginning from June twenty-seventh and extending through the end of to the first Sunday after July fourth, and during the period beginning December twenty-eighth and extending through to January first. A violation of this section is a Class 2 misdemeanor.

    Section 22. That § 34-37-16.2 be amended to read:

    34-37-16.2. The provisions of § 34-37-16.1 §§ 34-37-2 and 34-37-16.1 do not apply to snakes and smoke:

            (1)    Smoke effects if they the smoke effects do not fly, travel, or explode, or to single-shot;

            (2)    Single-shot parachute pieces without a flare; or

            (3)    Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Association Standard 87-1, 2001 edition.

    Section 23. That § 34-37-17 be amended to read:

    34-37-17. The Department of Public Safety, together with all any law enforcement officers agency of the state and its or any political subdivisions, shall be charged with the enforcement of the provisions of subdivision of the state, shall enforce this chapter.

    Section 24. That § 34-37-5 be repealed.

    Section 25. That § 34-37-10.6 be repealed.

    Section 26. That § 34-37-14 be repealed.

    Section 27. That § 34-37-5 be amended to read:

    34-37-5. Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R. Title 16--Commercial Practices Part 1507), effective 16 C.F.R. 1507 as in effect on January 1, 1998 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is a Class 1 misdemeanor.

    Section 28. That § 34-37-9 be amended to read:

    34-37-9. Any person licensed under the provisions of this chapter shall comply with the provisions of § 10-45-45. Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was made. A violation of this section is a Class 1 misdemeanor.

    Section 29. 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 20, 2019
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CHAPTER 155

(HB 1209)

Electronic smoking device product regulation.


        ENTITLED, An Act to revise certain provisions regarding vapor products.

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

    Section 1. That § 34-46-1 be amended to read:

    34-46-1. Terms used in this chapter mean:

            (1)    "Electronic smoking device," any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product;

            (2)    "Proof of age," a driver's license, nondriver identification card, tribal identification card, or other generally accepted means of identification that contains a picture of the individual

and appears on its face to be valid;

            (2)(3)    "Sample," tobacco products distributed to members of the general public at no cost for purposes of promoting the product;

            (3)(4)    "Sampling," the distribution of samples to members of the general public in a public place;

            (4)(5)    "Self-service display," a display that contains cigarettes or smokeless tobacco, or both, and is located in an area openly accessible to the merchant's consumers, and from which such consumers can readily access cigarettes or smokeless tobacco, or both, without the assistance of the merchant or an employee or agent of the merchant. A display case that holds tobacco products behind locked doors does not constitute a self-service display;

            (6)    "Smoke" or "smoking," the act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form;

            (5)(7)    "Tobacco product," any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in § 34-46-20;

            (6)(8)    "Tobacco speciality store," a business that derives at least seventy-five percent of its revenue from the sale of tobacco products.

    Section 2. That § 34-46-14 be amended to read:

    34-46-14. No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense.

    Section 3. That § 34-46-20 be amended to read:

    34-46-20. For the purposes of §§ 34-46-2 to 34-46-6, inclusive, and 34-46-21 this chapter, the term, tobacco product, includes vapor product. The term, vapor product, means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term, vapor product, includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic smoking device, or similar product or device. The term, vapor product, does not include any product approved by the United States Food and Drug Administration for sale as tobacco cessation products and marketed and sold solely for that purpose.

     Signed March 27, 2019
_______________
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CHAPTER 156

(SB 136)

The use of telehealth by a health care professional.


        ENTITLED, An Act to provide for the utilization of telehealth by a health care professional.

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)    "Health care professional," as defined in § 58-17F-1;

            (2)    "Health care facility," any office or institution where health services are provided, including any hospital, clinic, ambulatory surgery center, outpatient care facility, nursing home, assisted living facility, laboratory, or office of a health care professional;

            (3)    "Originating site," a site where a patient is located at the time health care services are delivered to the patient via telehealth;

            (4)    "Store-and-forward technology," secure electronic information, imaging, or data, including audio, video, and data communication that is transferred or recorded or otherwise stored for asynchronous delivery of health care services to a patient; and

            (5)    "Telehealth," the use of secure electronic information, imaging, and communication technologies by a health care professional to deliver health care services to a patient, including interactive audio-video, interactive audio with store and forward, store-and-forward technology, and remote patient monitoring. Telehealth does not include the delivery of health care services through an audio-only telephone, electronic mail message, text message, mail service, facsimile transmission, or any combination thereof.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    Any health care professional treating a patient in the state through telehealth shall be:

            (1)    Fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency under § 36-32-12; and

            (2)    Subject to any rule adopted by the applicable South Dakota licensing body.

    Consultation between a resident health care professional and a nonresident health care professional under this Act is governed by § 36-2-9.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    Telehealth may not be utilized by a health care professional with respect to any patient located in the state in the absence of a provider-patient relationship. Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes:

            (1)    Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient;

            (2)    Disclosing and validating the health care professional's identity and applicable credentials, as appropriate;

            (3)    Obtaining appropriate consent for treatment from a requesting patient after disclosure regarding the delivery models and treatment methods or limitations;

            (4)    Establishing a diagnosis through the use of acceptable medical practices, including patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing;

            (5)    Discussing with the patient the diagnosis and its evidentiary basis and the risks and benefits of various treatment options;

            (6)    Ensuring appropriate follow-up care for the patient; and

            (7)    Providing a visit summary to the patient or consult note.

    Exceptions to the requirements of this section include on-call, cross coverage situations, and

consultation with another health care professional who has an ongoing health care provider relationship with the patient and agrees to supervise the patient's care and emergency treatment.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    Treatment and consultation recommendations made through telehealth via a health care professional shall be appropriately provided and within the health care professional's scope of practice, training, and experience.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    A health care professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter would otherwise be required in the provision of the same service not delivered via telehealth.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    Without a prior and proper provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance, as defined by § 34-20B-3, solely in response to an internet questionnaire or consult, including any encounter via telephone.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    A health care professional using telehealth shall follow any applicable state or federal statute or rule for informed consent.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    A health care professional or the originating site treating a patient through telehealth shall:

            (1)    Maintain a complete record of the patient's care;

            (2)    Disclose the record to the patient consistent with state and federal laws; and

            (3)    Follow applicable state and federal statutes and regulations for medical record retention and confidentiality.

     Signed March 27, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\157.wpd
CHAPTER 157

(SB 190)

Pipeline construction and fiscal responsibility.


        ENTITLED, An Act to promote pipeline construction and fiscal responsibility by establishing a fund, to authorize a special fee for extraordinary expenses, to make a continuous 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:

    Terms used in this Act mean:

            (1)    "Action notice," the director's communication of a decision on a claim;

            (2)    "Civil recoveries," funds received by the state or a political subdivision from a third party, other than a pipeline company, as a result of violations of the law and transferred to the fund from the riot boosting recovery fund;

            (3)    "Claim," an invoice submitted to the director of the PEACE fund by the state or a political subdivision for an extraordinary expense;

            (4)    "Department," the Department of Public Safety;

            (5)    "Director," the director of the Division of Emergency Services within the Department of Public Safety;

            (6)    "Extraordinary expense," a reasonable and legitimate cost incurred by the state or a political subdivision to prepare for, respond to, or which arises from opposition to a project that would not have been incurred but for pipeline construction, and is incurred due to the:

            (a)    Performance of activities of law enforcement officers as defined in § 23-3-27;

            (b)    Performance of functions arising from pipeline construction that are included in § 34-48A-1 notwithstanding the lack of an emergency declaration; or

            (c)    Prosecution of criminal offenses, including the cost of pretrial confinement and post-conviction sentences in a county jail facility.

                The term does not include any expense incurred by a private cooperative or business entity; workers' compensation or disability benefits for employees of this state or political subdivisions arising out of injuries incurred in the course of employment; or costs associated with or resulting from the call to active duty, mobilization, or service of the National Guard;

            (7)    "Oil product," any oil, including unrefined oil, oil produced from oil sand deposits, diluted bitumen, or crude oil;

            (8)    "PEACE fund," the pipeline engagement activity coordination expenses fund;

            (9)    "Pipeline," all parts of physical facilities through which any oil product is carried within this state, including pipe, valves, other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies;

            (10)    "Pipeline company," a person or entity who is the owner of a project or holds a permit from the Public Utilities Commission for a project;

            (11)    "Pipeline construction," the engagement in any activity following the project commencement date in furtherance of a project by a pipeline company, or those acting on its behalf, within this state;

            (12)    "Political subdivision," a county or municipality;

            (13)    "Project," the installation of a pipeline greater than twelve inches in diameter, or the construction of a supporting facility in furtherance of carrying any oil product by a pipeline company. The term does not include routine maintenance of a pipeline or supporting facility in operation at the time of the effective date of this Act;

            (14)    "Project commencement date," the date that occurs after:

            (a)    A project receives its regulatory permit;

            (b)    No court-imposed impediments on the project exist; and

            (c)    Preparation of the pipeline right-of-way or the ground for a supporting facility commences.

                Notwithstanding subsections (a) to (c) of this subdivision, the secretary may issue an administrative notice, which is not reviewable, deeming pipeline construction to have begun for purposes of this Act;

            (15)    "Project completion date," the date on which pipeline construction concludes so that any oil product carried through a pipeline from an originating station fills the entire length of a completed pipeline and permanent pump stations within this state;

            (16)    "Secretary," the secretary of the Department of Public Safety;

            (17)    "Special fee," a fee billed to and paid by a pipeline company to defray administrative costs and extraordinary expenses;

            (18)    "State," this state or any agency of the state that is vested with the authority to exercise any portion of the state's sovereignty or with law enforcement authority;

            (19)    "Supporting facility," a structure necessary and ancillary to a pipeline, including a pressure pump station, housing facility for project personnel, storage area for tangible property, or other temporary structure of a pipeline company or its agent.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    There is established in the state treasury the PEACE fund. Money in the fund may be used to pay administrative costs and extraordinary expenses incurred by the state or a political subdivision,

arising out of or in connection with pipeline construction. Any interest earned on money in the fund shall be credited to the fund. The fund is continuously appropriated to the department.

    The department shall administer the fund and maintain separate accounts for each project. The secretary shall approve vouchers and the state auditor shall draw warrants to pay administrative costs and extraordinary expenses in accordance with this Act. All money received by the department for the PEACE fund shall be set forth in an informational budget pursuant to § 4-7-7.2 and be annually reviewed by the Legislature.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    The state or a political subdivision may submit a claim for extraordinary expense to the director for disbursement from the PEACE fund in accordance with this Act. Each claim under this section shall be accompanied by a statement of the basis on which it is made, and true and accurate records and books of account regarding the extraordinary expense claimed, including copies of checks, vouchers, warrants, sales receipts, invoices, billings, payroll records, or similar documents for each extraordinary expense in sufficient detail to allow the director to reasonably review the claim.

    The state or a political subdivision receiving a disbursement from the fund for an approved claim under this section shall keep and maintain true and accurate records and books of account consistent with government accounting standards and in the same manner and for the same period as required by law and shall be available for inspection by the director and a duly-authorized representative of the pipeline company.

    On or before the first of February of each year, the director shall provide statements of claim activities for the preceding calendar year to the secretary, any applicable political subdivision, and the pipeline company.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    The state or a political subdivision may submit a request for pre-approval of an anticipated claim for extraordinary expense to the PEACE fund in accordance with this Act. Each request for pre-approval submitted under this section shall be accompanied by a statement of the basis on which the request is made and a description of the anticipated extraordinary expense in sufficient detail to allow the director to reasonably review the request.

    If a request submitted under this section is approved, the state or political subdivision shall provide the director with the same documentation as required for a claim submitted under section 3 of this Act after the extraordinary expense is incurred. The director shall review the documents provided under this section to determine whether the expenditure is consistent with the pre-approval decision and issue an action notice regarding the director's determination.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    The director shall approve or deny, in whole or in part, any claim submitted under section 3 of this Act or any request submitted under section 4 of this Act. The director may condition any claim for extraordinary expense at the director's discretion.

    The director shall issue an action notice to the state, political subdivision, and the pipeline company of the approval or denial, in whole or in part, of a claim within ten days of receiving the claim under section 3 of this Act, or of a request within ten days of receiving claim documentation as required under section 4 of this Act. The action notice shall include all approved and denied portions of the claim, and the rationale for the approval or denial, in sufficient detail to allow the secretary, political subdivision, and the pipeline company to review the decision. An action notice may be accompanied by the records submitted in accordance with section 3 of this Act.

    A claim submitted by the state or a political subdivision is not payable from the PEACE fund until the claim is approved by the director. The director shall authorize disbursements from the fund for payment of an approved claim to the state or a political subdivision within forty-five days from the date of the action notice.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    A claim under section 3 of this Act may be submitted to the director only after the project commencement date. A request under section 4 of this Act may be submitted on or after the effective date of this Act.

    A claim under section 3 of this Act shall be submitted to the director within forty-five days of the date the extraordinary expense is incurred.

    Notwithstanding any other provision of this Act, the director may not approve any claim or any request for pre-approval that will not be incurred within one year after the project completion date, subject to section 16 of this Act.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    The department shall communicate with the pipeline company to review any claim or request for pre-approval made to the PEACE fund under section 3 or 4 of this Act. A pipeline company shall designate in writing three official representatives who are authorized to coordinate with the department. Any one official representative's concurrence with the director's action notice approving a claim is a waiver of the right of that pipeline company to contest the action notice and is a waiver of the informal review process by the secretary.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    If the state or a political subdivision receives payment from the PEACE fund for an extraordinary expense, and subsequently receives reimbursement through restitution, judgment, settlement, contribution, or other funding for the expense from any other source, except civil recoveries, the reimbursement shall be deposited into the fund. The reimbursement deposited into the fund is a credit to a pipeline company and shall be used to offset the next special fee calculated under section 11 of this Act. Any reimbursement from federal sources or civil recoveries shall be deposited only as allocated by the secretary.

    Section 9. That the code be amended by adding a NEW SECTION to read:

    A pipeline company that disputes the approval or denial, in whole or in part, of a claim under section 5 of this Act may, within ten days of the date of the action notice, submit its objection in good faith, together with a statement of the basis for the objection, and request a review from the secretary. The secretary shall make an expeditious review of the director's action notice and may approve, modify, condition, or deny the claim, in whole or in part. The secretary's review must be exhausted before any appeal to the Office of Hearing Examiners.

    A pipeline company may appeal the secretary's decision, if the pipeline company has properly preserved its appeal by giving written notice to the secretary within ten days of the date of the secretary's decision.

    The pipeline company may commence one administrative appeal annually arising out of all decisions, joined for judicial efficiency, dated during the preceding calendar year from which the pipeline company wishes to appeal. The pipeline company shall file a written notice of appeal with the Office of Hearing Examiners. Copies of the written notice must be served on the secretary and any other interested party no later than the first of March or the appeal is barred. A written notice of appeal shall identify each disputed and properly preserved claim with a decision in the prior calendar

year.

    An appeal under this section shall be conducted by a hearing examiner in accordance with chapter 1-26D. The hearing examiner, after hearing the evidence, shall make proposed findings of fact and conclusions of law, and issue a proposed decision. The secretary shall accept, reject, or modify the hearing examiner's findings, conclusions, and decision, which then constitutes the final agency decision. Alternatively, the secretary may appoint the hearing examiner to make the final agency decision. The secretary may arrange for assistance from private counsel throughout the administrative appeal process. The final agency decision may be appealed to circuit court in accordance with chapter 1-26. A pipeline company has standing to appeal under this section.

    The appeal under this section is the exclusive remedy of a pipeline company regarding the disbursement of a claim of extraordinary expense and constitutes a limited express waiver of sovereign immunity only to the extent necessary under this section. The venue for any disputed claim and appeal under this section is Hughes County. Pre-judgment interest shall accrue from the date of the secretary's final decision on all disputed claims at the Category B rate of interest specified in § 54-3-16.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    Within twenty days of a project commencement date, the pipeline company shall make an initial deposit to the PEACE fund equal to five percent of the bond required under section 13 of this Act. The project account and fund may only be used in accordance with this Act, and any remaining balance shall be remitted to the pipeline company no later than eighteen months after the project completion date less the amount equal to unresolved disputed claims under section 9 of this Act.

    Section 11. That the code be amended by adding a NEW SECTION to read:

    On a monthly basis, the Department of Public Safety shall calculate the special fee from the total approved claims paid from the fund during the prior calendar month. The total extraordinary expenses shall include the interest computed at the federal short-term applicable rate as set forth under 26 U.S.C. § 6621(b)(3), and in effect on January 1, 2019. The department shall exclude disputed and properly preserved claims under section 9 of this Act and account for the remaining initial deposit under section 10 of this Act.

    On or before the twentieth day of each month, the secretary shall bill the pipeline company for the total net special fee computed under this section, which is due on the tenth day of the following month.

    If a disputed claim under section 9 of this Act is resolved in favor of payment from the fund, the department shall include the amount of the claim, including any pre-judgment interest, in the following month's special fee to be billed under this section.

    If funds are received and deposited into the PEACE fund after special fees have been fully paid, the secretary shall disburse any remaining unobligated funds to the federal government agency that made contribution to the fund and the pipeline company on a pro rata basis until contributions are returned, and any remaining amounts deposited into the state general fund.

    Section 12. That the code be amended by adding a NEW SECTION to read:

    Any special fee billed under section 11 of this Act, including any computed interest, is a continuing lien on all property owned by the pipeline company within this state until the total special fee is paid in full or otherwise finally resolved. The secretary of the Department of Revenue shall file a notice of the lien describing the property against which the lien applies in the office of the register of deeds in the county where the property is located. Upon the filing of notice under this section, the lien is attached to all property of the pipeline company within this state and has priority

over all other claims or liens on the property.

    Section 13. That the code be amended by adding a NEW SECTION to read:

    A pipeline company shall furnish a surety bond to the Department of Revenue written by a company authorized by the Division of Insurance to write surety bonds, in an amount of one million dollars for every ten miles affected by a project, but not in excess of twenty million dollars for each project. The surety bond furnished under this section is due to the Department of Revenue twenty days after the project commencement date. The surety bond shall name the state as the assured and shall be deposited with, and in a form and on terms approved by, the secretary of the Department of Revenue.

    A pipeline company shall increase the surety bond above the initial surety bond amount by increments of twenty-five percent of the initial surety bond amount within ten days following each instance in which the department issues written notice that the incremental amount of all disputed and properly preserved claims under section 9 of this Act equals twenty-five percent of the initial surety bond amount.

    A political subdivision does not have standing to make a claim against the surety on a surety bond under this section. The state may file a claim against the surety if a pipeline company is in violation of this Act.

    Section 14. That the code be amended by adding a NEW SECTION to read:

    In addition to any other remedy provided by law, if a pipeline company fails to meet the requirements of this Act, the secretary may order the pipeline company, and any person acting on the pipeline company's behalf, to issue a full, partial, or conditional cease and desist from all pipeline construction. An order to cease and desist under this section is effective upon service to the pipeline company and remains effective and enforceable until further order of the secretary. An appeal from the order shall be filed in accordance with chapter 1-26D.

    Section 15. That the code be amended by adding a NEW SECTION to read:

    All right and title in any surety bond furnished under section 14 of this Act is vested with the state. The surety bond does not constitute an asset of a pipeline company that is required to furnish the surety bond under section 14 of this Act, and may not be canceled, assigned, revoked, disbursed, replaced, or allowed to terminate, without the recommendation of the commissioner of Bureau of Finance and Management and the approval of the Executive Board of the Legislative Research Council. The surety bond may not be assigned for the benefit of creditors, attached, garnished, levied, executed on, or subject to process from any court, except for the purpose of enabling the state to recover moneys advanced by the PEACE fund.

    Section 16. That the code be amended by adding a NEW SECTION to read:

    The secretary may instruct the director to:

            (1)    Withhold, delay, suspend, or reduce any monthly billing to a pipeline company, if the secretary has cause to anticipate the receipt of an additional deposit from a source other than a pipeline company;

            (2)    For good cause shown, review any claim that is submitted to the director more than forty-five days from the date the extraordinary expense was incurred; or

            (3)    For good cause shown, subordinate the lien under section 12 of this Act.

    Section 17. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act prevents the state and a pipeline company from entering into any contract or other agreement, provided the terms of the contract or agreement are not inconsistent with this Act.

    Section 18. That the code be amended by adding a NEW SECTION to read:

    The secretary may promulgate rules in accordance with chapter 1-26 to implement the provisions of this Act.

    Section 19. This Act is repealed on June 30, 2025.

    Section 20. 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 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\157.wpd

ENVIRONMENTAL PROTECTION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\158.wpd
CHAPTER 158

(HB 1018)

Fees transferred from the Department of Revenue
to the Department of Environment and Natural Resources.


        ENTITLED, An Act to transfer the collection of various fees from the Department of Revenue to the Department of Environment and Natural Resources.

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

    Section 1. That § 1-50-11 be amended to read:

    1-50-11. The obligation to pay the fee imposed by § 1-50-8 shall be upon the owner or operator of any facility required to make notification and shall accrue upon July 1, 1992, and upon the appropriate SARA reporting deadline each year thereafter. The fee is due and payable within thirty days and shall be remitted to the Department of Revenue Environment and Natural Resources along with such the forms as that may be prescribed by the secretary of revenue environment and natural resources in rules promulgated pursuant to chapter 1-26. A late reporting fee of ten percent of the amount due under this section or of fifteen dollars, whichever amount is greater, shall be assessed for any fee or portion of a fee not timely paid in accordance with this section.

    Any facility that knowingly fails to submit the appropriate forms, or which shall that knowingly submit submits fraudulent forms, shall be reported to the appropriate local emergency planning committee and county commission, and shall be referred to the United States Environmental Protection Agency for appropriate enforcement under section 325 of the Emergency Planning and Community Right-to-Know Act of 1986 as amended to January 1, 1992.

    Section 2. That § 34A-1-58.1 be amended to read:

    34A-1-58.1. Ethanol production plants are exempt from the fees established in § 34A-1-58, and,

in lieu thereof, are subject to the fees established by this section. Concurrent with the submittal of a permit application pursuant to this chapter, the applicant for an air quality permit for an ethanol production plant shall submit to the department an application fee of one thousand dollars. In addition, the owner or operator of an ethanol production plant shall submit to the department an annual fee for the duration of the air quality permit. The annual fee shall consist of an administrative fee of one thousand dollars and an emissions fee in the amount of forty dollars per ton of total suspended particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and hazardous air pollutants emitted to the air by the ethanol production plant during the previous calendar year. The department shall give written notice of the amount of the fee to be assessed and the basis for the assessment under this section to the owner or operator of the ethanol production plant by June first of each calendar year. The annual fee shall accrue on July first of the year after the permit is issued and annually thereafter. The annual fee is due and payable by July thirty-first and shall be remitted to the Department of Revenue Environment and Natural Resources along with such the forms as may be prescribed by the secretary of revenue in rules promulgated pursuant to chapter 1-26. The fees shall be administered and used by the department in the same manner as prescribed for other fees established in this chapter.

    Section 3. That § 34A-1-60 be amended to read:

    34A-1-60. The obligation to pay the annual fee imposed by § 34A-1-58 is upon the owner or operator of a regulated air contaminant source and shall accrue on July first for all facilities. The fee is due and payable by July thirty-first and shall be remitted to the Department of Revenue Environment and Natural Resources along with such the forms as may be prescribed by the secretary of revenue in rules promulgated pursuant to chapter 1-26.

    Section 4. That § 34A-2-122 be amended to read:

    34A-2-122. The obligation to pay the annual fee imposed by §§ 34A-2-117 to 34A-2-120, inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues on July first, for all nonpublicly-owned facilities. The fee is due and payable by July thirty-first and shall be remitted to the Department of Revenue Environment and Natural Resources along with such the forms as may be prescribed by the secretary of revenue in rules promulgated pursuant to chapter 1-26.

    The obligation to pay the annual fee imposed by §§ 34A-2-117 to 34A-2-120, inclusive, is on the owner or operator of a surface water discharge or pretreatment system and accrues on January first for all publicly-owned facilities. The fee is due and payable by January thirty-first and shall be remitted to the Department of Revenue Environment and Natural Resources along with such the forms as may be prescribed by the secretary of revenue in rules promulgated pursuant to chapter 1-26.

    The obligation to pay the application fee imposed by §§ 34A-2-117 to 34A-2-120, inclusive, is on the owner or operator of a facility requesting either coverage under a general permit or water quality certification under section 401 of the Federal Water Pollution Control Act as amended to January 1, 2011. The application fee for such water quality certification does not apply to treatment works already required to submit a fee under other provisions of §§ 34A-2-117 to 34A-2-120, inclusive. The fee is due and payable and shall be remitted to the Department of Environment and Natural Resources along with such the application forms as may be prescribed by the secretary of environment and natural resources in rules promulgated pursuant to chapter 1-26.

    Section 5. That § 34A-2-125 be amended to read:

    34A-2-125. In addition to any other tax or fee levied by law, and notwithstanding the provisions of § 34A-2-117, there is hereby imposed an annual fee on all concentrated animal feeding operations that are required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications submitted after July 1, 1997,

pursuant to § 34A-2-27. The fee is two hundred fifty dollars for operations with two thousand or more animal units, one hundred seventy-five dollars for operations with one thousand to one thousand nine hundred ninety-nine animal units, and one hundred dollars for operations with less than one thousand animal units. The obligation to pay the fee is on the person filing the application for the water pollution control permit or the person required to obtain plans and specifications approval and accrues on July first of each year. By August first of each year, the Department of Environment and Natural Resources shall submit a billing to each person obligated to pay the fee. The fee is due and payable by September thirtieth and shall be remitted to the Department of Revenue Environment and Natural Resources.

    There is hereby established in the environment and natural resources fee fund established in § 1-40-30 the concentrated animal feeding operation administrative subfund. The subfund consists of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to this section. The subfund shall be maintained separately and be administered by the Department of Environment and Natural Resources in order to defray the expenses associated with administering the concentrated animal feeding operation program. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

    Section 6. That § 34A-3A-23 be amended to read:

    34A-3A-23. The obligation to pay the fee imposed by § 34A-3A-20 shall be upon the owner and operator of a public drinking water system and shall accrue on July first. The fee is due and payable by July thirty-first and shall be remitted to the Department of Revenue Environment and Natural Resources along with such the forms as may be prescribed by the secretary of revenue in rules promulgated pursuant to chapter 1-26.

     Signed February 13, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\158.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\159.wpd
CHAPTER 159

(HB 1258)

Create the clean air act settlement fund
and to make an appropriation.


        ENTITLED, An Act to create the clean air act settlement fund, to make an appropriation from the fund, and to declare an emergency.

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

    Section 1. That the code be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Board," the Board of Minerals and Environment;

            (2)    "Clean air act settlement fund," South Dakota's share of the mitigation fund as a designated state beneficiary;

            (3)    "Department," the Department of Environment and Natural Resources;

            (4)    "Mitigation fund," the Volkswagen Diesel Emissions Environmental Mitigation Trust

administered by Wilmington Trust, N.A., the Trustee, which the United States District Court for the Northern District of California in the case of IN RE: VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION, Case No: MDL No. 2672 CRB (JSC) ordered to be created as part of Volkswagen Corporation's settlement with the United States and the State of California, the funds in which are to be used by states to reduce nitrogen oxide air emissions from mobile sources;

            (5)    "Secretary," the secretary of the Department of Environment and Natural Resources.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    Any funds received by the state from the mitigation fund shall be deposited into the clean air act settlement fund that is hereby created. The funds shall be administered by the secretary for the purpose of facilitating the improvement and protection of the ambient air quality throughout the state by reducing nitrogen oxide air emissions from mobile sources pursuant to a beneficiary mitigation plan developed by the department and approved by the board. The department's administrative costs of implementing the mitigation fund will be paid from the clean air act settlement fund through the air quality subfund established in § 34A-1-59. Any interest earned on the clean air act settlement fund shall be returned to the mitigation fund.

    Section 3. There is hereby appropriated from the clean air act settlement fund the sum of eight million one hundred twenty-five thousand dollars ($8,125,000), or so much thereof as may be necessary, in other fund expenditure authority to the Department of Environment and Natural Resources for the purpose of issuing grants to eligible recipients for the reduction of nitrogen oxide air emissions from mobile sources throughout the state.

    Section 4. 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 5. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2028, shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\159.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\160.wpd
CHAPTER 160

(SB 73)

Qualifications for sanitary district trustees.


        ENTITLED, An Act to revise qualifications for sanitary district trustees.

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

    Section 1. That § 34A-5-14.1 be amended to read:

    34A-5-14.1. Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. To be eligible for office, each trustee shall reside in the district. The Each

board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as provided in this section.

    A If a sanitary district that provides or is proposed to provide sewer or water facility connections to more than one thousand five hundred households, farms, businesses, or other entities shall have a, the board of trustees shall consist of at least five but not more than eleven members. A If a sanitary district that provides or is proposed to provide at least one thousand but no not more than one thousand five hundred such sewer or water facility connections shall have a, the board of trustees shall consist of at least five but not more than nine members. A If a sanitary district that provides or is proposed to provide at least five hundred but not more than one thousand such sewer or water facility connections shall have a, the board of trustees shall consist of at least three but not more than seven members. A If a sanitary district that provides or is proposed to provide less fewer than five hundred such sewer or water facility connections shall have a, the board of trustees shall consist of at least three but not more than five members.

    The number of trustees for a newly incorporated or consolidated sanitary district shall be specified in the order of incorporation issued under § 34A-5-7 or in the consolidation resolution issued under § 34A-5-46.

    Section 2. That § 34A-5-21.2 be amended to read:

    34A-5-21.2. A To serve as a trustee of a sanitary district trustee that has one hundred or more residents, the person shall be a resident of the sanitary district the trustee represents.

    To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary district or a United States citizen who owns real property within the boundaries of the sanitary district.

     Signed March 13, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\160.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\161.wpd
CHAPTER 161

(HB 1082)

Scrap metal purchases.


        ENTITLED, An Act to to revise certain provisions regarding scrap metal purchases.

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

    Section 1. That § 34A-6-109 be amended to read:

    34A-6-109. Each scrap metal business shall keep records of each transaction involving the purchase of nonferrous metal property that exceeds one hundred dollars. The scrap metal business shall be able to produce an accurate and legible record of each transaction involving nonferrous metal property at the location where the scrap metal is purchased. The records shall contain the following information:

            (1)    Date, location, and value of the transaction;

            (2)    Signature of the person selling the nonferrous metal property;

            (3)    Name, street address, city, and state of the seller;

            (4)    Current drivers license number Photocopy of the seller's current driver license or other government issued picture identification card number of the seller or, if no number is available, a copy of the seller's government issued picture identification card;

            (5)    A description of the predominant types of nonferrous metal property involved in the transaction, including the weight, quantity, or volume of the scrap nonferrous metal; and

            (6)    Name of the employee representing the scrap metal business in the transaction.

    Section 2. That chapter 34A-6 be amended by adding a NEW SECTION to read:

    Any payment for the purchase of nonferrous metal property that exceeds one hundred dollars shall be made by either check or electronic funds transfer.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\161.wpd

ALCOHOLIC BEVERAGES

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\162.wpd
CHAPTER 162

(HB 1016)

Revise provisions of the alcoholic beverages code.


        ENTITLED, An Act to revise certain provisions of the alcoholic beverages code.

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

    Section 1. That § 35-2-6.4 be amended to read:

    35-2-6.4. Except as provided in § 35-5-3.2, no No 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. A retailer who is a party to any action prohibited by this section is guilty of a Class 2 misdemeanor.

    Section 2. That subdivision (4) of § 35-4-124 be amended to read:

            (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) or 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 licensee;

     Signed January 31, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\162.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\163.wpd
CHAPTER 163

(SB 48)

County on behalf or an improvement district may issue
convention facility on-sale licenses to sell alcoholic beverages.


        ENTITLED, An Act to authorize counties on behalf of certain improvement districts to issue 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 or a county on behalf of an improvement district created pursuant to chapter 7-25A 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 the license or previously completed. If located in a municipality or improvement district 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 that are suitable lodging accommodations and convention facilities with seating for at least four hundred persons. If located in a municipality or improvement district with a population of less than twenty thousand, the hotel-motel convention facility shall have at least forty rooms that are suitable lodging accommodations and convention facilities with seating for at least one hundred fifty persons.

    If a municipality's the population of a municipality or improvement district changes, the facility is only required to meet the criteria established by this section for the license at the time the license was originally issued.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\163.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\164.wpd
CHAPTER 164

(SB 124)

The transportation of alcoholic beverages by retail licensees.


        ENTITLED, An Act to provide for the transportation of alcoholic beverages by retail licensees.

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

    Section 1. That § 35-4-66 be amended to read:

    35-4-66. Alcoholic beverages may be transported only by:

            (1)    By a A transporter licensee in the course of delivery to persons authorized under this title to receive the alcoholic beverages;

            (2)    By a A manufacturer or wholesaler in the manufacturer or wholesaler licensee's own vehicles, carrying the manufacturer or wholesaler licensee's own merchandise;

            (3)    By a A manufacturer carrying only samples, sealed or unsealed;

            (4)    By an An individual, in interstate transportation carrying alcoholic beverages in quantities of one gallon or less, or in intrastate transportation carrying any quantity, but in either case carrying alcoholic beverages purchased by the individual for personal use only;

            (5)    By a A common carrier in interstate commerce if the shipment originates outside the state and is destined for a point outside the state;

            (6)    By a A carrier licensee, in exercise of the privileges granted pursuant to the license or purchased by passengers for personal use while on the conveyance;

            (7)    By an An established religious organization, in interstate transportation carrying alcoholic beverages in quantities of four gallons or less, or in intrastate transportation carrying any quantity, but in either case only alcoholic beverages purchased by the established religious organization for sacramental use;

            (8)    By an An off-sale delivery licensee; or

            (9)    By a A wine carrier as defined in § 35-12B-1; or

            (10)    A retailer, carrying the retailer's own merchandise purchased from a wholesaler to the retailer's licensed premises.

     Signed March 13, 2019
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CHAPTER 165

(SB 53)

Alcoholic beverage discounts.


        ENTITLED, An Act to authorize certain retailers to offer quantity discounts or cash discounts for the purchase of alcoholic beverages.

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

    Section 1. That chapter 35-4 be amended by adding a NEW SECTION to read:

    A retailer, as defined in subdivision 35-1-1(19), may offer quantity discounts or cash discounts to a consumer for the purchase of alcoholic beverages. Any quantity discount or cash discount offered by a retailer to a consumer shall comply with the provisions of § 35-4-129.

     Signed March 11, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\166.wpd
CHAPTER 166

(SB 98)

Sunset repealed for wine manufacturer's license.


        ENTITLED, An Act to repeal the sunset of a wine manufacturer license.

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

    Section 1. That § 35-16-9 be repealed.

     Signed March 11, 2019
_______________
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PROFESSIONS AND OCCUPATIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\167.wpd
CHAPTER 167

(HB 1111)

Professional or occupational licensure
for military personnel and spouses.


        ENTITLED, An Act to provide for professional or occupational licensure for certain active duty military personnel and spouses.

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

    Section 1. That § 36-1B-1 be amended to read:

    36-1B-1. Notwithstanding any other provision in law and unless an applicant is found by the board to have engaged in any act that would may constitute grounds for disciplinary action, any licensing body under the provisions of Title 36 shall expedite the issuance of a this title shall, within thirty days of receiving a completed application, issue a license, certificate, registration, or permit required for the practice of any business, profession, or occupation in South Dakota to an applicant whose application has been deemed completed by the board and:

            (1)    Who holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;

            (2)    Whose spouse is a member of the armed forces of the United States; Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and

            (3)    Whose spouse Who is the subject of a military transfer to South Dakota; and

            (4)    Who left employment to accompany the applicant's spouse to South Dakota;

if in the opinion of the board, the requirements for the issuance of the license, certificate, registration, or permit in such state or the District of Columbia are substantially equivalent to those required in South Dakota
.

    An application is considered complete once the applicable licensing board has received all required documentation necessary to process the application.

    If a licensing body denies the issuance of a license, certificate, registration, or permit to an applicant pursuant to this section, the licensing body shall report the denial and the reasons for the denial to the Department of Labor and Regulation.

    Section 2. That chapter 36-1B be amended by adding a NEW SECTION to read:

    Any license, certificate, registration, or permit issued pursuant to § 36-1B-1 may be renewed until any of the following events occur:

            (1)    Active duty orders transfer the applicant out of South Dakota;

            (2)    The applicant no longer holds in good standing the same or similar valid license, certificate, registration, or permit required for the practice of any business, profession, or occupation issued by another state or the District of Columbia;

            (3)    The applicant fails to adhere to the requirements of the applicable South Dakota licensing body to maintain license, certificate, registration, or permit; or

            (4)    The full-time active duty status of the member of the armed forces stationed in South Dakota is terminated.

    Section 3. That § 36-1B-4 be amended to read:

    36-1B-4. An applicant for a license, certificate, registration, or permit pursuant to this chapter shall pay any fees required by the licensing board for which the applicant is seeking a license, certificate, registration, or permit. No licensing body under this title may charge an application fee or any other fee payable to the licensing body for a license, certificate, registration, or permit issued pursuant to § 36-1B-1. For the purposes of this section, the term, permit, does not include any permit referenced in this title that is required to perform installation work subject to inspection.

    Section 4. That § 36-1B-5 be amended to read:

    36-1B-5. Each licensing body under the provisions of Title 36 this title may promulgate rules pursuant to chapter 1-26 to establish procedures to:

            (1)    Provide for the issuance of a temporary license, certificate, registration, or permit; and

            (2)    Expedite the issuance of a license, certificate, registration, or permit to military spouses provide for the expedited issuance of a license, certificate, registration, or permit pursuant to § 36-1B-1.

    Section 5. That § 36-1B-2 be repealed.

    Section 6. That § 36-1B-3 be repealed.

    Section 7. That § 13-42-67 be amended to read:

    13-42-67. Unless there is cause to refuse to issue the certificate pursuant to §§ 13-42-7 to 13-42-10, inclusive, the secretary shall expedite the issuance of a, within thirty days of receiving a

completed application, issue a teaching certificate to an applicant whose application has been deemed completed by the Department of Education and:

            (1)    Who holds in good standing a valid certificate issued by another state or the District of Columbia;

            (2)    Whose spouse is a Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and

            (3)    Whose spouse Who is the subject of a military transfer to South Dakota; and

            (4)    Who left employment to accompany the applicant's spouse to South Dakota;

if in the opinion of the secretary, the requirements for the issuance of the certificate in such state or the District of Columbia are substantially equivalent to those required in South Dakota
.

    An application is considered complete once the department has received all required documentation necessary to process the application and the required application fee. No applicant for a certificate issued pursuant to this section is required to pay an application fee or any other fee payable to the department.

    If the secretary denies the issuance of a certificate to an applicant pursuant to this section, the secretary shall report the denial and the reasons for the denial to the Department of Labor and Regulation.

    Section 8. That § 13-42-69 be amended to read:

    13-42-69. Any temporary certificate issued pursuant to § 13-42-68 13-42-67 shall be limited for a period not to exceed six months while the department completes its review of all required documentation or the applicant completes any requirements of this chapter or the rules promulgated pursuant to this chapter that were not required in the state or the District of Columbia in which the applicant holds the certificate the applicant's length of tour during the time the holder of the certificate continues to meet the eligibility requirements of § 13-42-67. Nothing in this section or § 13-42-68 prohibits the secretary from suspending or revoking the temporary certificate for failure to fulfill the requirements of §§ 13-42-67 to 13-42-69, inclusive § 13-42-67.

    Section 9. That chapter 36-1B be amended by adding a NEW SECTION to read:

    Nothing in this Act may be construed to override, supersede, or invalidate any compact or agreement already in place within any profession regulated under titles 13 or 36.

    Nothing in this Act prohibits any active duty military member or military spouse from seeking a professional license, certification, registration, or permit as otherwise provided in law for any profession regulated under titles 13 or 36.

     Signed March 21, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\168.wpd
CHAPTER 168

(SB 78)

Medical providers exempt from licensure.


        ENTITLED, An Act to exempt certain medical providers from licensure.

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

    Section 1. That § 36-4-39 be amended to read:

    36-4-39. Notwithstanding anything in this chapter to the contrary, any a physician who is the holder of holds a permanent, unrestricted license to practice medicine or osteopathy in any other state or, in a territory of the United States, in the District of Columbia, or in a Province of Canada may practice medicine or osteopathy in this state without first obtaining is not required to obtain a license from the Board of Medical and Osteopathic Examiners under one or more of the following circumstances prior to:

            (1)    As Participating as a member of an organ harvesting a team engaged in the harvesting of an organ;

            (2)    On Providing services on board an air ambulance and as a part of its a treatment team;

            (3)    To provide Providing one time consultation or teaching assistance for a period of not no more than twenty-four hours; or

            (4)    To provide Providing consultation or teaching assistance previously approved by the Board of Medical and Osteopathic Examiners, for charitable organizations; or

            (5)    Providing, subject to the terms of an employment contract or verbal agreement, medical care to an individual athlete, to members of an athletic team, or to any person authorized to accompany an athlete or an athletic team for the purposes of providing services related to the athletic activity. The exception authorized in this subdivision does not extend to the provision of medical services by the physician at a health care facility.

     Signed March 11, 2019
_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\169.wpd
CHAPTER 169

(SB 35)

Revocation of occupational licenses.


        ENTITLED, An Act to revise and repeal provisions regarding revocation of occupational licenses.

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

    Section 1. That § 36-16-13 be amended to read:

    36-16-13. Any person, partnership, company, corporation, or association that for a fixed sum,

price, fee, percentage, or other consideration, undertakes or offers to undertake with another to plan, lay out, supervise, install, make additions, make alterations, or make repairs, in the installation of wiring, apparatus, or equipment for electric lights, heat, or power, shall apply to be licensed by the State Electrical Commission for a license. A The commission shall issue a license shall be issued to a qualified person under this section in the class specified in defined under § 36-16-2 for which application has been made upon qualifying under this chapter and the rules of the commission and satisfactorily passing such examinations as shall be required by the commission the person applies after successful completion of the examination required by the commission.

    The commission shall promulgate rules, pursuant to chapter 1-26, establishing fees for the examination and the application required under this section. The commission may charge, or may authorize a third party that administers the examination, to charge, each participant person an examination fee not to exceed one hundred fifty dollars per occurrence of examination or reexamination. The application fee may not exceed fifty dollars per occurrence.

    Each holder of or applicant for a license under this chapter shall notify the commission in writing, within thirty days after its occurrence, of any issuance, denial, revocation, or suspension of a certificate, license, or permit by another state, change of address or employment, or any conviction of a felony.

    Section 2. That § 36-16-33 be amended to read:

    36-16-33. The State Electrical Commission may, in compliance accordance with chapter 1-26, revoke a license at any time provided such registered person fails to perform the electrical work in accordance with the approved standards provided for in this chapter refuse to issue, revoke, or suspend a license, or limit the scope of practice of any licensee for:

            (1)    Failure to comply with any law, or any rule or order of the commission;

            (2)    Failure to comply with the National Electric Code as adopted by rule of the commission or local ordinance;

            (3)    Failure to notify the commission in writing within thirty days following any denial, revocation, or suspension of a certificate, license, or permit issued by any other jurisdiction, or any change of address or employment;

            (4)    Knowingly aiding and abetting any person who is not licensed or permitted in accordance with this chapter to engage in activity that requires a license under § 36-16-13 or permit under this chapter; or

            (5)    Conviction of or plea of guilty or nolo contendere to a crime of violence as defined under § 22-1-2. For purposes of this subdivision, a certified copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence.

    Section 3. That § 36-25-19 be amended to read:

    36-25-19. Application A person may apply for a license required by this chapter shall be made to the commission, accompanied by the proper a license fee established by the commission under this section. Unless the applicant is entitled to a renewal, the applicant shall be registered by the If the person is not entitled to a renewal, the commission only after shall register a person who satisfactorily passing passes an examination showing fitness to practice the applicant's person's trade. Examinations may be held in conjunction with any quarterly meeting of the commission.

    A license issued under this section expires on December thirty-first and may be renewed no later than the immediately following January thirty-first.

    The commission may shall promulgate rules, pursuant to chapter 1-26, to establish examination and reexamination fees, and license and renewal of license fees for: plumbing contractor, plumber, water conditioning contractor, water conditioning installer, appliance contractor, appliance installer, sewer and water contractor, sewer and water installer, manufactured and mobile home contractor, manufactured and mobile home installer, underground irrigation contractor, and underground irrigation installer. No fee established under this section for an examination or reexamination may exceed one hundred dollars. No fee established under this section for a license or renewal of license may exceed three hundred dollars.

    Section 4. That § 36-25-27 be amended to read:

    36-25-27. The commission may, in accordance with chapter 1-26, refuse to issue, revoke the permit of any person for a willful violation of any of the rules and regulations of the commission, for violation of the State Plumbing Code, local ordinances applicable to plumbing work, or for knowingly aiding or abetting any unlicensed person to do plumbing work where permits are required under this chapter, or suspend a license, or limit the scope of any license for:

            (1)    Failure to comply with any law, or any rule or order of the commission;

            (2)    Failure to comply with local plumbing ordinances;

            (3)    Failure to notify the commission in writing within thirty days following any denial, revocation, or suspension of a certificate, license, or permit issued by any other jurisdiction, or any change of address or employment;

            (4)    Knowingly aiding and abetting any person who is not licensed or permitted in accordance with this chapter to engage in activity that requires a license or permit under this chapter; or

            (5)    Conviction of or plea of guilty or nolo contendere to a crime of violence as defined under § 22-1-2. For purposes of this subdivision, a certified copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence.

    Section 5. That § 36-25-24.1 be amended to read:

    36-25-24.1. As used in §§ 36-25-14, 36-25-19, 36-25-22, and 36-25-24, the term, underground irrigation, refers to means any nonagricultural, landscape irrigation system.

    Section 6. That § 36-16-13.1 be repealed.

    Section 7. That § 36-25-22 be repealed.

    Section 8. That § 36-25-28 be repealed.

     Signed February 5, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\170.wpd
CHAPTER 170

(HB 1057)

The definition of attest revised
for the purposes of public accountancy.


        ENTITLED, An Act to revise the definition of attest for the purposes of public accountancy.

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

    Section 1. That § 36-20B-2 be amended to read:

    36-20B-2. For the purposes of this chapter, attest means providing the following financial statement services:

            (1)    Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS);

            (2)    Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);

            (3)    Any examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE);

            (4)    Any engagement to be performed in accordance with the Auditing Standards of the Public Company Auditing Oversight Board (PCAOB); and

            (5)    The issuance of any report prescribed by the Statements on Auditing Standards (SAS), the Statements on Standards for Accounting and Review Services (SSARS), or the Statements on Standards for Attestation Engagements (SSAE) on any services to which those statements on standards apply, indicating that the service was performed in accordance with standards established by the American Institute of Certified Public Accountants (AICPA) Any examination, review, or agreed upon procedures engagement to be performed in accordance with SSAE, other than an examination described in subdivision (3).

    The statements on standards specified in this definition shall be adopted by reference by the board, by rule promulgated pursuant to chapter 1-26, and shall be those developed for general application by recognized national accountancy organizations.

    Section 2. That § 36-20B-3 be amended to read:

    36-20B-3. For the purposes of this chapter, the term, report, if used with reference to financial statements any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of any the attested information or compiled financial statements or assertion. It also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing and that the service reported upon was performed under standards for such services established by the American Institute of Certified Public Accountants. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself. The term, report, includes any form of language which that disclaims an opinion when such the form of language is conventionally understood to imply any positive assurance as to the reliability of the attested

information or compiled financial statements referred to or special competence on the part of the person or firm issuing such the language or both; and it. The term includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence or both.

    Section 3. That § 36-20B-33 be amended to read:

    36-20B-33. An applicant for initial issuance or renewal of a permit to practice under this chapter shall comply with the following:

            (1)    Notwithstanding any other provision of law, a majority of the owners of the firm, in terms of financial interests and voting rights, are holders of a certificate and are licensed in some state, and such the owners whose principal place of business is in this state and who perform professional services in this state hold a valid certificate issued under this chapter or the corresponding provision of prior law or are public accountants registered under this chapter. Firms may include nonlicensee owners. However, such the firms shall be controlled by the majority vote of owners who are holders of a certificate and who are licensed in some state, and such the control may not be relinquished by contract, such as through veto rights held by owners of less than a majority of the owners. The firm and its ownership shall comply with rules promulgated by the board pursuant to chapter 1-26. For firms of public accountants, at least a majority of the owners of the firm shall be holders of registrations under this chapter. An individual who has practice privileges under the provisions of § 36-20B-66 or 36-20B-67 who performs services for which a firm permit is required pursuant to § 36-20B-70 is not required to obtain a certificate from this state pursuant to § 36-20B-13;

            (2)    Any CPA or PA firm as defined in this chapter may include nonlicensee owners if the firm designates a licensee of this state, or, in the case of a firm which that is required to obtain a permit pursuant to § 36-20B-70, a licensee of another state who meets the requirements set forth in § 36-20B-66 or 36-20B-67, who is responsible for the proper registration of the firm and identifies non-license owners to the board;

            (3)    All nonlicensee owners are active individual participants in the CPA or PA firm or an affiliated entity;

            (4)    The firm complies with such other requirements as the board may establish by rule promulgated pursuant to chapter 1-26;

            (5)    Any individual licensee or individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 who is responsible for supervising attest or compilation services and signs or authorizes another individual to sign the accountant's report on the financial statements on behalf of the firm shall meet the experience requirements set out in the professional standards for such the services; and

            (6)    Any individual licensee or individual with practice privileges under the provisions of § 36-20B-66 or 36-20B-67 who signs or authorizes an individual to sign the accountant's report on the financial statements on behalf of the firm shall meet the experience requirement of this chapter.

    An applicant for initial issuance or renewal of a permit to practice shall register the firm within this state with the board and show that all attest and compilation services rendered in this state are under the charge of a person holding a valid certificate issued under this chapter or the corresponding provision of prior law or some other state.

     Signed March 1, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\171.wpd
CHAPTER 171

(HB 1076)

Real estate licensee team and advertising restrictions.


        ENTITLED, An Act to revise certain real estate licensee advertising restrictions and grant rule-making authority regarding real estate teams.

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

    Section 1. That § 36-21A-1 be amended to read:

    36-21A-1. Terms used in this chapter mean:

            (1)    "Agency," any relationship by which one person acts for or on behalf of a client subject to the client's reasonable direction and control;

            (2)    "Agency agreement," a written agreement between a broker and a client which that creates a fiduciary relationship between the broker and client. The payment or promise of payment of compensation to a responsible broker does not determine whether an agency relationship has been created between any responsible broker or licensees associated with the responsible broker and a client;

            (3)    "Auction," any public sale of real estate as defined in § 36-21A-11 or business property as defined in subdivision 36-21A-6 (3) at public offering to the highest bidder;

            (4)    "Auctioneer," any person licensed under this chapter who auctions, offers, attempts or agrees to auction real estate or business opportunities;

            (5)    "Broker associate," any broker acting in association with or under the auspices of a responsible broker;

            (6)    "Client," any person, including a seller/landlord or a buyer/tenant seller, landlord, buyer, or tenant, who has entered into an agency relationship with a real estate licensee;

            (7)    "Commission," the South Dakota Real Estate Commission;

            (8)    "Consumer," any person seeking or receiving services from a real estate broker;

            (9)    "Customer," any party to a real estate transaction who does not have an agency relationship with a licensee;

            (10)    "Designated broker," any broker licensee designated by a responsible broker to act for the company in the conduct of real estate brokerage;

            (11)    "In-company transaction," any transaction in which both the seller/landlord seller or landlord and the buyer/tenant buyer or tenant receive real estate services from the same broker or from licensees associated with the same broker;

            (12)    "Licensee," any person holding a license issued pursuant to this chapter;

            (13)    "Limited agent," any licensee who has a written agency relationship with both the seller and the buyer in the same in-company transaction;

            (14)    "Person," any individual, corporation, limited liability company, partnership, limited partnership, association, joint venture or any other entity, foreign or domestic;

            (15)    "Purchaser," any person who acquires or attempts to acquire or succeeds to an interest in real property;

            (16)    "Responsible broker," any person holding a broker's license issued pursuant to this chapter who is responsible for the real estate activities conducted by those licensees acting in association with or under the auspices of the responsible broker;

            (17)    "Served actively," if referring to a real estate salesman or broker associate, having the license on an active status with the commission;

            (18)    "Single agent," any licensee who represents only one party to a transaction;

            (19)    "Subdivider," a person who causes land to be subdivided into a subdivision for that person or others, or who undertakes to develop a subdivision. However, this The term does not include a public agency or officer authorized by law to create subdivisions;

            (20)    "Subdivision," or "subdivided land," any real estate offered for sale and which that has been registered under the Interstate Land Sales Full Disclosure Act, 82 Stat. 590 and following, 15 U.S.C. 1701 and following, as such Act existed on January 1, 1980, or real estate located out of this state which that is divided or proposed to be divided into fifty or more lots, parcels, or units;

            (21)    "Team," any two or more licensed persons who work under the supervision of the same responsible broker, work together on real estate transactions to provide real estate brokerage services, who are designated as a team by the responsible broker, and have a team leader designated by the responsible broker;

            (22)    "Team leader," any person licensed by the commission and designated by his or her responsible broker as the leader for his or her team. A team leader is responsible for supervising the real estate activities of his or her team performed under this chapter, subject to the overall supervision of the responsible broker of the team leader and team members;

            (23)    "Transaction broker," a broker who assists one or more parties with a real estate transaction without being an agent or advocate for the interests of any party to the transaction. The term includes the licensees associated with the broker;

            (22)(24)    "Transaction broker agreement," a written agreement in which the broker does not represent either the seller or the buyer in a fiduciary capacity. No brokerage relationship can may be created or implied by word or action alone, but only by written agreement clarifying the brokerage relationship.

    Section 2. That § 36-21A-72 be amended to read:

    36-21A-72. A licensee who advertises shall comply with the following:

            (1)    Each advertisement shall clearly state the name of the firm with which an individual licensee is associated;

            (2)    Each advertisement of a real estate team shall clearly state the name of the brokerage company the team is affiliated with, shall clearly identify the nonlicensed individuals included in the advertisement, and may not contain language that would lead the public to believe that the team is offering real estate brokerage services independent of the real

estate broker;

            (3)    Each advertisement in which a licensee attempts to secure real estate listings or offers to purchase, sell or lease property, or perform any other act for which a license is required under this chapter, shall clearly disclose that the advertised acts or services are being offered by a licensee; and

            (3)(4)    No licensee may make any announcement in any media regarding the sale of property which gives any impression that the property sold for a price other than the actual selling price.

    Notwithstanding subdivisions (1) to (3) (4), inclusive, of this section, a licensee may advertise in the licensee's individual name an offer to sell or lease property of which the licensee is the owner. The advertisement shall disclose that the owner of the property being sold or leased is a licensee.

    Section 3. That § 36-21A-89 be amended to read:

    36-21A-89. The commission may promulgate rules pursuant to chapter 1-26 relating to the administration and enforcement of the provisions of this chapter in the following areas:

            (1)    Procedures for conducting the commission's business;

            (2)    Procedures and qualifications for application, minimum requirements for examination, procedures for the examination and the administration of the examination, the required score for passing the examination, and procedures for replacement of a license;

            (3)    Requirements for dividing a commission with a broker in another state, requirements for application for licensure by reciprocity and the practice of a nonresident licensee in the state;

            (4)    Procedures for application to provide classroom instruction or correspondence work for prelicensing education, qualifications of the instructors and facilities, and procedures for approving classroom instruction and correspondence work and for withdrawing the approval;

            (5)    Procedures for disciplinary proceedings, including requirements for filing a complaint, dismissal of a complaint, informal and formal resolution of a complaint, formal complaint and answer requirements, final action and review, disqualification of a commission member from a hearing and authorization for per diem and mileage;

            (6)    Procedures for declaratory rulings, petitions for rules and contested cases;

            (7)    Requirements for a real estate auction and the requirements, duties and responsibilities of an auctioneer;

            (8)    Requirements for mortgage brokers, including areas such as trust accounts, record-keeping, written contracts, full disclosure and restrictions on chargeable costs and expenses;

            (9)    Requirements for continuing education including procedures for granting a certificate of accreditation; notification of a material change in an approved course offering; suspension, revocation and denial of course approval; notice to students regarding the course and opportunity for comment; auditing; certificates of attendance; preregistration and limits on correspondence courses; and

            (10)    Requirements for property managers, including areas such as trust accounts, auditing,

contracts, disclosure, disciplinary matters, financial obligations and records, and property management accounting; and

            (11)    Requirements for establishing and maintaining teams and the requirements, duties, and responsibilities of team leaders.

     Signed March 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\171.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\172.wpd
CHAPTER 172

(HB 1079)

A person may perform plumbing work
on the person's own property without a license.


        ENTITLED, An Act to allow a person to perform plumbing work on the person's own property without a license and establish a fee.

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

    Section 1. That § 36-25-17 be amended to read:

    36-25-17. No person may engage in plumbing for which a permit license is required pursuant to § 36-25-19 on any property which is in connection with a public system of waterworks or sewerage unless that person is licensed by the commission. No However, no license is required of a person who does the following work in compliance with the provisions of the minimum standards prescribed by the commission:

            (1)    Plumbing on premises or that part of the premises owned and actually occupied by the person as the person's residence;

            (2)    Plumbing on premises of a single-family dwelling unit that is in the process of being constructed, if the person owns the premises and intends to actually occupy the premises as the person's residence when construction is complete;

            (3)    Plumbing repair work on premises where the person is employed and performing the plumbing repair work; or

            (3)(4)    Plumbing repair work on the person's own property.

    Section 2. That § 36-25-19.1 be amended to read:

    36-25-19.1. Any person who is responsible for the installation of plumbing work shall pay a plumbing inspection fee. The plumbing inspection fee shall be the sum of a plumbing installation certificate fee plus a plumbing permit fee. The commission shall establish by rule, promulgated pursuant to chapter 1-26, the plumbing permit fee and the plumbing installation certificate fee. The plumbing permit fee for a single-family dwelling unit may not exceed seventy-five dollars. The plumbing permit fee for a multiple-dwelling unit or a public building may not exceed two hundred fifty dollars. The plumbing installation certificate fee may not exceed ten dollars.


    The number of inspections for each permit is limited to three inspections. The commission may charge a fee of fifty dollars for any inspection in excess of the three allotted inspections.

     Signed March 1, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\172.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\173.wpd
CHAPTER 173

(SB 32)

The composition of the
South Dakota Board of Social Work Examiners, revised.


        ENTITLED, An Act to revise the composition of the South Dakota Board of Social Work Examiners.

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

    Section 1. That § 36-26-3 be amended to read:

    36-26-3. The South Dakota Board of Social Work Examiners, consists of seven members, two of whom shall be lay members, three four of whom shall be certified social workers licensed under the provisions of this chapter to engage in private independent practice, two and one of whom shall be a social worker professionals professional licensed under the provisions of this chapter each with a minimum of two years practice in the State of South Dakota who has practiced in the state for at least two years. The Governor shall appoint all of the members.

     Signed Febrary 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\173.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\174.wpd
CHAPTER 174

(SB 146)

Licenses revised for speech-language pathology services.


        ENTITLED, An Act to revise certain provisions regarding licenses for speech-language pathology services.

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

    Section 1. That § 36-37-19 be amended to read:

    36-37-19. Any person who is employed as a paraprofessional providing speech-language pathology services under the direct supervision of a speech-language pathologist who holds a speech-language pathologist certificate from the South Dakota Department of Education as of July 1, 2012, and does not otherwise meet the qualifications set forth in this chapter may apply for and shall be granted a speech-language pathology assistant license and may continue to practice as a speech-language pathology assistant. This exception expires July 1, 2020, at which time all speech-language pathology assistants shall meet the requirements of this chapter as long as:

            (1)    The application was made no later than July 1, 2014;

            (2)    The applicant continued to render speech-language pathology services in the public school or school district where the applicant was employed at the time of application; and

            (3)    The renewal fee is paid.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\174.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\175.wpd
CHAPTER 175

(SB 31)

Criminal background checks
for assistant behavior analysts and paraprofessionals.


        ENTITLED, An Act to revise certain provisions regarding criminal background checks for assistant behavior analysts and paraprofessionals.

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

    Section 1. That § 36-38-25 be amended to read:

    36-38-25. Any assistant behavior analyst or paraprofessional who delivers applied behavior analysis services under the extended authority and direction of a behavior analyst shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history check. The behavior analyst who supervises the assistant behavior analyst or paraprofessional is responsible for any fees charged for the cost of fingerprinting or the criminal background investigation as required by this section. Each criminal record provided to the board under this section is confidential. The board may use the records only in determining an assistant behavior analyst's or paraprofessional's eligibility to be supervised by an applied behavior analyst for the delivery of applied behavior analysis.

     Signed February 8, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\175.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\176.wpd
CHAPTER 176

(HB 1036)

The Board of Technical Professions, authority updated.


        ENTITLED, An Act to revise provisions related to the Board of Technical Professions.

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

    Section 1. That § 34-9-10 be amended to read:

    34-9-10. No transfer of A municipality may not transfer surplus funds pursuant to under § 34-9-9 shall be made except under the conditions as follows unless:


            (1)    That there is no No other hospital operated operates within such the municipality or and the Department of Health has issued no license issued for such for the operation by the State Department of Health of a hospital within the municipality;

            (2)    That at At least fifty percent of the total cost of such the construction project has been first raised from sources other than those to be derived through the transfer of such the surplus funds, such total cost based upon estimates of any architect or firm of architects duly registered by the State Commission of Engineering, Architectural, and Land Surveying Examiners Board of Technical Professions; and

            (3)    That the The articles of incorporation of such the hospital corporation provide that no part of the hospital corporation's earnings shall inure, or may lawfully inure, to the benefit of any member or private shareholder.

    No funds shall be transferred that are Funds acquired through legal tax levy in the municipality may not be transferred.

    Section 2. That § 43-20-2 be amended to read:

    43-20-2. Except where the context indicates a different meaning, terms Terms used in this chapter shall be defined as follows mean:

            (1)    A "property corner" is a geographic point on the surface of the earth, and is on, a part of, and controls a property line "Accessory to a corner," any exclusively identifiable physical object whose spatial relationship to the corner is recorded. The term includes bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other similar objects;

            (2)    A "property controlling corner" for a property is a public land survey corner, or any property corner, which does not lie on a property line of the property in question, but which controls the location for one or more of the property corners of the property in question "Board," the Board of Technical Professions;

            (3)    A "public land survey corner" is any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government or the State of South Dakota "Corner," unless otherwise qualified, a property corner, a property controlling corner, or a public land survey corner;

            (4)    A "corner," unless otherwise qualified, means a property corner, or a property controlling corner, or a public land survey corner, or any combination of these "Monument," an accessory that is presumed to occupy the exact position of a corner;

            (5)    An "accessory to a corner" is any exclusively identifiable physical object whose spatial relationship to the corner is recorded. Accessories may be bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other objects "Property controlling corner," any corner that may or may not lie on a property line, but that controls the location for one or more property corners;

            (6)    A "monument" is an accessory that is presumed to occupy the exact position of a corner "Property corner," a geographic point that controls a property line;

            (7)    A "reference monument" is a special monument that does not occupy the same geographical position as the corner itself, but whose spatial relationship to the corner is recorded, and which serves to witness the corner "Public land survey corner," any corner

established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the state or federal government;

            (8)    A "survey" is any field operation in which corners are used to locate streets, roads, utilities, airports, railroads, buildings, dams, canals, drainage ways, or any other works as well as property boundaries "Reference monument," a special monument that does not occupy the same geographical position as the corner itself, but whose spatial relationship to the corner is recorded and serves to witness the corner;

            (9)    A "registered land surveyor" is a surveyor who is registered to practice land surveying under Title 36 and has a current certificate for that calendar year "Survey," any field operation in which corners are used to locate streets, roads, utilities, airports, railroads, buildings, dams, canals, drainage ways, or any other works as well as property boundaries;

            (10)    The "commission" is the State Commission of Engineering, Architectural, and Land Surveying Examiners "Registered land surveyor," a person who is licensed by the board and is in good standing and legally authorized to practice land surveying in this state.

    Section 3. That § 43-20-7 be amended to read:

    43-20-7. The Commission of Engineering, Architectural, and Land Surveying Examiners board shall, by rule adopted pursuant to chapter 1-26, prescribe the method of construction and placement of corner markers or monuments used to identify reference points on plats and the information which that is necessary to be included in the corner file. The commission board shall also prescribe the form in which the corner record shall be presented and filed.

     Signed February 8, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\176.wpd

TRADE REGULATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\177.wpd
CHAPTER 177

(SB 20)

Consumer protection updated.


        ENTITLED, An Act to update certain provisions regarding consumer protection.

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

    Section 1. That subdivision (2) of § 37-24-1 be amended to read:

            (2)    "Business day," any calendar day except Sunday, or the following holidays: New Year's Day, Washington's Birthday, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Pioneers' Day Native American Day, Veterans' Day, Thanksgiving Day, and Christmas Day;

    Section 2. That § 37-24-5.4 be amended to read:

    37-24-5.4. It is a deceptive act or practice, within the meaning of § 37-24-6, for any seller, in connection with any door to door sale, to:

            (1)    Fail to furnish each buyer, at the time he the buyer signs the door to door sales contract or otherwise agrees to buy goods or services from the seller, a completed form in duplicate, captioned "NOTICE OF CANCELLATION," which shall be attached to the contract or receipt and easily detachable, and which shall contain in ten point bold face type the following information:

NOTICE OF CANCELLATION

(enter date of transaction)

(Date)

                YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

                IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOU RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

                IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

                TO CANCEL THIS TRANSACTION, MAIL, OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM AN ELECTRONIC NOTICE, TO (Name of seller) AT (address of seller's place of business) NOT LATER THAN MIDNIGHT OF

                __________

                (Date)

                I HEREBY CANCEL THIS TRANSACTION.

__________________

(Date)

__________________

(Buyer's signature)


            (2)    Fail, before furnishing copies of the "Notice of Cancellation" notice of cancellation to the buyer, to complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of transaction, by which the buyer may give notice of cancellation.

     Signed February 5, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\177.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\178.wpd
CHAPTER 178

(HB 1103)

Lemon law for farm machinery.


        ENTITLED, An Act to establish a lemon law for certain farm machinery.

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:

    Term used in this Act mean:

            (1)    "Consumer," the purchaser, other than for purposes of resale, of new farm machinery used for agricultural purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty;

            (2)    "Express warranty," a written warranty, so labeled, issued by the manufacturer of new farm machinery, including any terms or conditions precedent to the enforcement of obligations under that warranty;

            (3)    "Farm machinery," any self-propelled equipment or machinery used for agricultural purposes being transferred for the first time from a manufacturer, distributor, or new farm machinery dealer which is offered for sale, barter, or exchange by a dealer who is franchised to sell, barter, or exchange that particular make of new farm machinery. The term includes farm machinery propelled by power other than muscular power but does not include off-road vehicles other than self-propelled equipment and machinery used for agricultural purposes;

            (4)    "Lemon law rights period," the period ending one year after the date of the original delivery of new farm machinery to a consumer;

            (5)    "Manufacturer," the person, firm, corporation, or limited liability company engaged in the business of manufacturing, importing, or distributing farm machinery to be made available to a farm machinery dealer for retail sale;

            (7)    "Nonconforming condition," any condition of new farm machinery that is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and that significantly impairs the use, value, or safety of the farm machinery and occurs or arises solely in the course of the ordinary use of the farm machinery, and that does not arise or occur as a result of abuse, neglect, modification, or alteration of the farm machinery not authorized by the manufacturer, nor from any accident or other damage to the farm machinery that occurs or arises after the farm machinery was delivered by an authorized dealer to the consumer;

            (8)    "Notice of a nonconforming condition," a written statement delivered to the manufacturer and that describes the farm machinery, the nonconforming condition, and all previous attempts to correct the nonconforming condition by identifying the person who made the attempt and the time the attempt was made.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    If new farm machinery does not conform to any applicable express warranty and the consumer delivers the farm machinery to the manufacturer or its authorized dealer and gives notice of the nonconforming condition during the lemon law rights period, the manufacturer of the farm machinery shall make the necessary repairs to the farm machinery to remedy any such nonconforming condition. The repairs are required even after the expiration of the lemon law rights period if notice of the nonconforming condition was first given during the lemon law rights period. However, the manufacturer's obligation to repair the nonconforming condition does not extend beyond the period of twenty-four months following delivery of the farm machinery.

    Section 3. That the code be amended by adding a NEW SECTION to read:

    If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the farm machinery to any express warranty by repairing or correcting a nonconforming condition of the farm machinery which first occurred during the lemon law rights period, the manufacturer shall, through its authorized dealer, at the option of the consumer, replace the farm machinery with comparable new farm machinery and shall refund the customer all collateral charges, including any excise tax, or shall accept return of the farm machinery from the consumer and refund to the consumer the following:

            (1)    The full contract price including charges for dealer preparation, transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

            (2)    All collateral charges, including excise tax;

            (3)    All finance charges incurred by the consumer after the consumer first reported the nonconformity to the manufacturer or its authorized dealer; and

            (4)    Any incidental damages which shall include the reasonable cost of alternative farm machinery during the period that the consumer is without the use of the farm machinery because of the nonconforming condition.

    Section 4. That the code be amended by adding a NEW SECTION to read:

    Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the farm machinery. A reasonable allowance for use is that amount directly attributable to use by the consumer before the consumer's first report of the nonconformity to the manufacturer or authorized dealer.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    It is presumed that reasonable attempts to correct a nonconforming condition have been allowed by the consumer if, during the period of twenty-four months following delivery of the farm machinery, either of the following events occurred:

            (1)    The same nonconforming condition was subject to repair attempts four or more times by the manufacturer, or its authorized dealers, at least one of which occurred during the lemon law rights period, plus a final attempt by the manufacturer, and the same

nonconforming condition continues to exist; or

            (2)    The farm machinery was out of service and in the custody of the manufacturer or an authorized dealer due to repair attempts including the final repair attempt, one of which occurred during the lemon law rights period, for a cumulative total of thirty calendar days, unless the repair could not be performed because of conditions beyond the control of the manufacturer or authorized dealers, such as war, invasion, strike, fire, flood, or other natural disaster.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform the manufacturer's obligations imposed under this Act may bring a civil action against the manufacturer to enforce the provisions of this Act. Prior to the commencement of any such proceeding a consumer shall give notice of a nonconforming condition by certified mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time the notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the farm machinery to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the farm machinery to the express warranty within a period not to exceed fourteen calendar days. If a manufacturer has established an informal dispute settlement procedure conducted within the state which is in compliance with federal rules and regulations, a consumer shall first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this Act.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    It is an affirmative defense to any claim against the manufacturer under this Act that:

            (1)    An alleged nonconforming condition does not significantly impair the use, market value, or safety of the farm machinery; or

            (2)    A nonconforming condition is a result of abuse, neglect, or any modification or alteration of farm machinery by a consumer that is not authorized by the manufacturer.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    If the manufacturer has breached the manufacturer's obligations imposed under this Act, the consumer may recover an award for reasonable attorney fees.

    Section 9. That the code be amended by adding a NEW SECTION to read:

    If farm machinery has been returned to the manufacturer under the provisions of this Act or a similar statute of another state, whether as the result of a legal action or as the result of an informal dispute settlement proceeding, it may not be resold in this state unless the manufacturer discloses in writing to the subsequent purchaser the fact that the farm machinery was returned under the provisions of this Act and the nature of the nonconformity to the farm machinery warranty.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act imposes any liability upon a farm machinery dealer or authorized dealer or creates a cause of action by a consumer against a farm machinery dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a farm machinery dealer or authorized

dealer for any costs, including any refunds or farm machinery replacements, incurred by the manufacturer arising out of this Act.

    Section 11. That the code be amended by adding a NEW SECTION to read:

    Any action brought under this Act against the manufacturer shall be commenced within three years following the date of original delivery of the farm machinery to the consumer.

     Signed March 18, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\178.wpd

AGRICULTURE AND HORTICULTURE

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\179.wpd
CHAPTER 179

(HB 1075)

Conservation district governing boards.


        ENTITLED, An Act to revise certain provisions regarding the authority of conservation district governing boards.

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

    Section 1. That chapter 38-8 be amended by adding a NEW SECTION to read:

    In lieu of the petition process authorized under § 38-8-22, the conservation district governing boards of the affected districts may propose and adopt a resolution calling for the combining or dividing of districts and present it to the registered voters for a vote at the next general election under the requirements of § 38-8-39.

    Section 2. That chapter 38-8 be amended by adding a NEW SECTION to read:

    In lieu of the petition process authorized in § 38-8-90, a conservation district governing board may propose and adopt a resolution calling for the dissolution of the district and present it to the people for a vote at the next general election under the requirements of § 38-8-39.

    Section 3. That § 38-8A-12 be amended to read:

    38-8A-12. Revision of the conservation standards, in whole or in part, may be proposed by the conservation district governing board or by a petition signed by a the number of voters equal to ten percent of the qualified voters in a district.

    Section 4. That § 38-8-23 be amended to read:

    38-8-23. Within thirty days after receipt of a petition pursuant to § 38-8-22 or within thirty days after the adoption of a resolution pursuant to section 1 of this Act, the State Conservation Commission shall set a date for a hearing and issue notices and conduct a hearing upon the proposition of combination or division. All voters registered for the last general election within the

territory described in the petition or resolution and other interested parties may be heard.

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\179.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\180.wpd
CHAPTER 180

(SB 100)

Petition signatures reduced
for conservation district supervisor elections.


        ENTITLED, An Act to reduce the number of petition signatures required for conservation district supervisor elections.

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

    Section 1. That § 38-8-39 be amended to read:

    38-8-39. The governing body of a district shall consist of a board of supervisors.

    Each conservation district shall have a board of supervisors consisting of five members, each of whom shall be elected on a nonpartisan ballot at a general election and whose term of office shall be four years commencing on the first of January following election. Supervisors shall be registered voters within the district, to be elected at large.

    The board of supervisors may, at its discretion, choose to elect its supervisors in precincts that contain as near as possible an equal number of residents, as determined by the last preceding federal decennial census.

    Before any general election, the board of supervisors of an organized conservation district shall give notice of any district offices for which nominations may be filed. The notice shall be published at least once each week for two consecutive weeks in the official newspaper or newspapers of any counties within the territory of the district. The last publication may not be less than ten nor more than fifteen days before the deadline for filing nominating petitions. The Division of Resource Conservation and Forestry shall provide the required notice before a referendum regarding establishment of a new district.

    Supervisors shall be nominated by a petition signed by twenty-five fifteen or more voters in the district for which the candidate seeks election.

    The petition shall be verified by the circulator and be accompanied by the declaration of the candidate in a form substantially conforming to nominating petitions prescribed under the primary election laws of this state governing nominating petitions for nonpolitical candidates. The petition shall be filed on or before July first of the year in which the general election is to be held, with the county auditor of the county, or where more than one county is within the territorial limits of the district, with the secretary of state. The auditor shall prepare ballots substantially in the form of the nonpolitical ballot and give notice thereof as provided by the general election laws of this state. The supervisors shall be elected by plurality. The election shall be conducted, canvassed, recounted, and contested as elections under the general laws of this state, except as otherwise provided in this chapter, and unless the general laws are inapplicable. If the details concerning the conduct, canvassing, recounting or contest of the election are not set forth within this chapter, and the general election laws are not applicable, then the commission shall promulgate rules pursuant to chapter 1-26 to make possible the submission to an election any matter which by the terms of this chapter may

be submitted to a vote of the voters of any proposed or established district.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\180.wpd

FOOD AND DRUGS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\181.wpd
CHAPTER 181

(SB 68)

Misbranding of food products.


        ENTITLED, An Act to define certain acts as misbranding of food products.

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 food product shall be deemed to be misbranded if the product is labeled or branded in a false, deceptive, or misleading manner that intentionally misrepresents the product as a meat food product as defined in § 39-5-6, a meat by-product as defined in § 39-5-6, or as poultry.

    For the purposes of this title, the term, poultry, includes anything containing meat intended for or capable of use for human consumption, that is derived, in whole or in part, from any domesticated bird intended for human consumption.

    For the purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this section.

     Signed March 18, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\181.wpd

ANIMALS AND LIVESTOCK

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\182.wpd
CHAPTER 182

(SB 154)

The production and transport of saltwater crustaceans.


        ENTITLED, An Act to authorize the production and transport of saltwater crustaceans.

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

    Section 1. That § 40-5-1.1 be amended to read:

    40-5-1.1. Terms used in this chapter mean:

            (1)    "Animals," any mammal, bird, reptile, amphibian, crustacean, or fish, except humans;

            (2)    "Captive wild animals," any wild animal held in man-made confinement or physically altered to limit movement and facilitate capture;

            (3)    "Domestic animals," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;

            (4)    "Exotic animals," any animal not occurring naturally in the United States either currently or historically;

            (5)    "Nondomestic animals," any animal that is not domestic;

            (6)    "Wild animals," any animal not in captivity, other than domestic animals;

            (7)    "Zoological animals," any animal in any zoo or intended to be used in a zoo.

     Signed March 12, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\182.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\183.wpd
CHAPTER 183

(SB 149)

Brand fees and brand registration application fee.


        ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee.

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

    Section 1. 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 fifty dollars;

            (4)    Establish a brand renewal fee not to exceed ten eighteen dollars per year or a brand renewal fee not to exceed fifty ninety dollars for each five-year ownership period and a brand transfer fee not to exceed twenty-five fifty 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 twenty 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; and

            (11)    Establish a brand registration application fee not to exceed fifty dollars.

    Section 2. That § 40-19-14 be amended to read:

    40-19-14. During the first two years following the current brand ownership period, only the previous owner may apply for a brand canceled under § 40-19-13. If the brand is recordable, the previous owner may register the brand by paying the registration fee and a one two hundred dollar rerecord fee. If the brand was registered before cancellation, the brand is recordable and the previous owner may register the brand by paying the registration fee and a one two hundred dollar rerecord fee. Moreover, during During the two years following the current brand ownership period, it is not a violation of § 40-19-21:

            (1)    If the previous owner sells livestock bearing the canceled brand; or

            (2)    If the previous owner brands livestock with the canceled brand before becoming aware of the cancellation.

     Signed March 21, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\183.wpd

GAME, FISH, PARKS, AND FORESTRY

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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\184.wpd
CHAPTER 184

(HB 1242)

Opossums included in the definition of predator.


        ENTITLED, An Act to include opossums within the definition of predator and to declare an emergency.

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

    Section 1. That § 41-1-1 be amended to read:

    41-1-1. Terms used in this title mean:


            (1)    "Any part thereof" or "the parts thereof," includes the hide, horns, and hoofs of any animal so referred to, and the plumage and skin and every other part of any bird so referred to;

            (2)    "Bait," baitfish, frogs, toads, salamanders, crayfish, freshwater shrimp, clams, snails and leeches;

            (3)    "Baitfish," includes fish of the minnow family (cyprinidae) except carp (cyprinus spp.) and goldfish (carassius spp.), fish of the sucker family (castostomidae) except buffalofish (ictiobus spp.) and carpsucker (carpiodes spp.), and fish of the stickleback family (gasterosteidae);

            (4)    "Big game," all cloven-hoofed wild animals, wild mountain lion, wild black bear, and wild turkey. The term includes facsimiles of big game used for law enforcement purposes, but does not include any captive nondomestic animal of the mammalia class and the products thereof regulated by the Animal Industry Board under Title 40;

            (5)    "Big game seal," a locking seal which bears the same number as the license with which it is issued;

            (6)    "Big game tag," a tag which is part of the regular big game license and bears the same number as the license proper;

            (7)    "Biological specimens," wild nongame animals used for scientific study and collected for resale to biological supply companies;

            (8)    "Carcass," the dead body of any wild animal to which it refers, including the head, hair, skin, plumage, skeleton, or any other part thereof;

            (9)    "Domestic animal," any animal that through long association with man, has been bred to a degree which has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes it unique and different from wild individuals of its kind;

            (9A)    "Domicile," a person's established, fixed, and permanent home to which the person, whenever absent, has the present intention of returning;

            (10)    "Fishing," the taking, capturing, killing, or fishing for fish of any variety in any manner. If the word, fish, is used as a verb, it has the same meaning as the word, fishing;

            (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;

            (12)    "Game," all wild mammals or birds;

            (13)    "Game fish," all species belonging to the paddlefish, sturgeon, salmon (trout), pike, catfish (including bullheads), sunfish (including black bass and crappies), perch (including walleye and sauger), and bass families. All species not included in the game fish families are rough fish;

            (14)    "Hunt" or "hunting," shooting, shooting at, pursuing, taking, attempting to take, catching, or killing of any wild animal or animals;

            (15)    "Loaded firearm," any firearm or other implement capable of discharging a projectile, containing cartridges, shells or projectiles in either the chamber, clip, or magazine;

            (16)    "Migratory waterfowl," any wild geese, swans, brants, coot, merganser, or wild ducks;

            (17)    "Migratory bird," all migratory waterfowl, sandhill crane, snipe, and dove;

            (18)    "Motor vehicle," any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle, whether operated upon a highway, railroad track, on the ground, in the water, or in the air;

            (19)    "Nondomestic animal," any animal that is not domestic;

            (20)    "Possession," both actual and constructive possession, as well as the control of the article referred to;

            (21)    "Predator/varmint," coyote, wolf, gray fox, red fox, skunk, gopher, ground squirrel, chipmunk, jackrabbit, marmot, opossum, porcupine, crow, and prairie dog;

            (22)    "Resident," a person having a domicile within this state for at least ninety consecutive days immediately preceding the date of application for, purchasing, or attempting to purchase any license required under the provisions of this title or rules of the commission, who makes no claim of residency in any other state or foreign country for any purpose, and other than for a person described in § 41-1-1.1, claims no resident hunting, fishing, or trapping privileges in any other state or foreign country, and prior to any application for any license, transfers to this state the person's driver's license and motor vehicle registrations;

            (23)    "Sell" and "sale," any sale or offer to sell or have in possession with intent to sell, use, or dispose of;

            (24)    "Small game," anatidae, commonly known as swans, geese, brants, merganser, and river and sea ducks; the rallidae, commonly known as rails, coots, and gallinule; the limicolae, referring specifically to shore birds, plover, snipe, and woodcock; the gruidae, commonly known as sandhill crane; the columbidae, commonly known as the mourning dove; the gallinae, commonly known as grouse, prairie chickens, pheasants, partridges, and quail but does not include wild turkeys; cottontail rabbit; and fox, grey and red squirrel. The term includes facsimiles of small game used for law enforcement purposes;

            (25)    "Trapping," the taking or the attempting to take of any wild animals by means of setting or operating of any device, mechanism, or contraption that is designed, built, or made to close upon, hold fast, or otherwise capture a wild animal or animals. If the word, trap, is used as a verb, it has the same meaning as the word, trapping;

            (26)    "Trout streams" or "trout waters," all waters and streams or portions of streams which contain trout;

            (27)    "Waters of the state," all the boundary waters of the state, and the provisions of this title are deemed to extend to and be in force and effect over and upon and in all thereof, unless otherwise expressly provided;

            (28)    "Wild animal," any mammal, bird, fish, or other creature of a wild nature endowed with sensation and the power of voluntary motion.

    Section 2. That § 41-6-23 be amended to read:

    41-6-23. Except as provided in this section, it is a Class 2 misdemeanor for any person to hunt, take, kill, or trap fur-bearing animals without a license to take fur-bearing animals or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.



    A license to take fur-bearing animals permits the licensee to set or operate a trap or traps, hunt, catch, take, trap, or kill fur-bearing animals, except the black-footed ferret, to the extent and in the manner provided in §§ 41-8-20 to 41-8-26, inclusive.

    A license to take fur-bearing animals is not required for residents to hunt raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote with firearms. A license to take fur-bearing animals is not required for residents to trap raccoon, skunk, opossum, badger, jackrabbit, fox, and coyote between April first and August thirty-first.

    Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.

     Signed March 11, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\184.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\185.wpd
CHAPTER 185

(SB 153)

A special hunting license
with the proceeds to be used for habitat.


        ENTITLED, An Act to authorize the Game, Fish and Parks Commission to provide for a special hunting license with the proceeds to be used for habitat.

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

    Section 1. That chapter 41-6 be amended by adding a NEW SECTION to read:

    The Game, Fish and Parks Commission may provide for a special license that allows a person to hunt one or more game animals. The commission may establish a nonrefundable application fee, not to exceed ten dollars for any resident and not to exceed twenty dollars for any nonresident, to apply for the special license. Licenses issued under this Act may authorize the take of no more than ten big game animals annually. Successful applicants shall be selected by drawing. Proceeds from the application fee collected shall be used for habitat programs. The commission shall promulgate rules, pursuant to chapter 1-26, to establish the season and guidelines for the season, and to establish the fee provisions.

    The commission shall, before the fourth Tuesday in January of each year, report to the Senate and House standing committees on agriculture and natural resources and on appropriations regarding the activities authorized by this section. The report shall include a description of the season established, the number of licenses issued, the amount of revenue generated, and the progress of the habitat programs funded under this section.

     Signed March 21, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\185.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\186.wpd
CHAPTER 186

(HB 1159)

Hunting mourning doves on public roads and highways.


        ENTITLED, An Act to repeal a provision that prohibits hunting mourning doves on public roads and highways.

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

    Section 1. That § 41-8-32.1 be repealed.

     Signed March 1, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\186.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\187.wpd
CHAPTER 187

(HB 1073)

Killing birds or animals from a drone regulated.


        ENTITLED, An Act to revise provisions regarding the locating and spotting of predators or varmints from a drone.

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

    Section 1. That § 41-8-39 be amended to read:

    41-8-39. No It is a Class 1 misdemeanor for any person may intentionally kill to:

            (1)    Kill or attempt to kill any wild bird or animal from any an aircraft while in flight within this state nor may any person use any, except as otherwise provided for in § 41-8-39.1; or

            (2)    Use an aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, locating, or spotting for any persons. Any person who, while in flight in an aircraft of any type, kills or attempts to kill any game bird or game animal or uses such aircraft for the purpose of hunting, taking, concentrating, driving, rallying, stirring up, spotting, or locating game birds or game animals for any persons, is guilty of a Class 1 misdemeanor any wild bird or animal, except that the prohibition in this subdivision does not apply to a person who uses a drone for the purpose of locating or spotting a predator or varmint, provided:

            (a)    The activity occurs only on or over land that is privately owned;

            (b)    The person operating the drone is the landowner or has permission from the landowner or a lessee; and

            (c)    The activity does not occur during the months of September, October, or

November.

     Signed March 1, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\187.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\188.wpd
CHAPTER 188

(SB 63)

Penalty increased for a subsequent trespass conviction.


        ENTITLED, An Act to increase the penalty for a subsequent conviction for trespass to hunt, fish, or trap.

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

    Section 1. That § 41-9-8 be amended to read:

    41-9-8. Any person who knowingly enters or remains on private property for the purpose of hunting, fishing, or trapping, in violation of § 41-9-1 or 41-9-2, shall lose hunting, trapping, or fishing privileges for one year following the conviction. A person's hunting, fishing, or trapping privileges shall be revoked for two years following a second or subsequent conviction under § 41-9-1 or § 41-9-2 within ten years. The sentencing court may order the revocation of hunting, fishing, or trapping privileges authorized by this section to be served consecutively with any other revocation of the person's hunting, fishing, or trapping privileges imposed for a violation for which the person is convicted and for which revocation of the privileges is authorized under this title. If the person is the holder of a license to hunt, trap, or fish, the court shall require the license holder to surrender and deliver the license to the court to be returned to the Department of Game, Fish and Parks. For the purpose of this section, the term, guilty, has the same meaning as the term, conviction, in § 32-12-53.

    Unarmed retrieval of lawfully taken small game from either private land or land controlled by the Department of Game, Fish and Parks or other public lands, is not a crime or petty offense, if the retrieval of the small game does not involve the use of a motor vehicle.

    It is a Class 2 misdemeanor for any person, while engaged in the retrieval of small game from private land without permission of the landowner or lessee of the land, to intentionally drive or flush any small game located on the land toward other hunters of the retriever's same hunting group located on other parcels of land or rights-of-way. It is a Class 2 misdemeanor for any person, who is a member of the same hunting group as the person performing the retrieval without the permission of the landowner or lessee of the land, to intentionally discharge a firearm at small game, except waterfowl, that originates from the private land during the retrieval.

    This section does not limit the civil remedies available to any landowner.

     Signed March 11, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\188.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\189.wpd
CHAPTER 189

(HB 1201)

Group pheasant hunts for disabled veterans.


        ENTITLED, An Act to revise provisions regarding group pheasant hunts for disabled veterans.

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

    Section 1. That § 41-11-5.5 be amended to read:

    41-11-5.5. Any nonprofit organization may establish a special one-or-two-day pheasant hunt in which disabled veterans or Purple Heart recipients of the United States Armed Forces may participate. The special one-or-two-day pheasant hunt may be held before or during the regular pheasant season. No fee may be charged to participants in any such special one-or-two-day pheasant hunt, by either the state or the sponsoring organization. The Game, Fish and Parks Commission shall promulgate rules, pursuant to chapter 1-26, to administer the special one-or-two-day pheasant hunts authorized in this section.

    For the purposes of this section a disabled veteran of the United States Armed Forces is a resident or nonresident who meets one of the criteria established in subdivisions 41-6-10.2(1) or (2).

     Signed March 27, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\189.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\190.wpd
CHAPTER 190

(HB 1024)

The species of game fish that may be used as bait.


        ENTITLED, An Act to authorize certain species of game fish to be used as bait.

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

    Section 1. That § 41-12-8 be amended to read:

    41-12-8. No person may use carp, goldfish, and or game fish, except bullhead, lake herring, sunfish of the genus Lepomis, and cleanings of game fish, as bait in hook and line fishing. A violation of this section is a Class 2 misdemeanor.

     Signed February 14, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\190.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\191.wpd
CHAPTER 191

(HB 1023)

The sale and purchase of big game animal parts.


        ENTITLED, An Act to revise certain provisions regarding the sale and purchase of big game animal parts.

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

    Section 1. That § 41-14-12 be amended to read:

    41-14-12. It is a Class 1 misdemeanor to purchase, barter, or sell the meat, internal organs, or paws of any big game animal. However, any paws attached to the skin of a big game animal are not subject to the provisions of this section.

    Section 2. That § 41-14-13 be repealed.

     Signed February 13, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\191.wpd

RECREATION AND SPORTS

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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\192.wpd
CHAPTER 192

(SB 26)

Regulation of limited gaming manufacturers or distributors
in Deadwood, South Dakota.


        ENTITLED, An Act to clarify 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 subdivision (1B) of § 42-7B-4 be amended to read:

            (1B)    "Associated equipment manufacturer or distributor," any person who designs, assembles, fabricates, produces, constructs, sells, leases, distributes, or otherwise prepares a product or component of any associated equipment;

    Section 2. That subdivision (22) of § 42-7B-4 be amended to read:

            (22)    "Slot machine manufacturer or distributor," any person or distributor who designs, assembles, fabricates, produces, constructs, sells, leases, distributes, or who otherwise prepares a product or a component part of a slot machine, other than tables or cabinetry;

    Section 3. That § 42-7B-32 be amended to read:

    42-7B-32. Any license granted pursuant to this chapter may be suspended or revoked for any cause which may have prevented its issuance, or for violation by the licensee, or any officer, director, agent, member, or employee of the licensee, of this chapter or any rule adopted by the commission or for conviction of a crime of moral turpitude or a felony, after notice to the licensee and a hearing, upon grounds determined adequate by the commission. In addition to revocation or suspension or in lieu of revocation or suspension, the commission may impose a reprimand or a monetary penalty for each offense not to exceed the following amounts:

            (1)    If the licensee is a slot machine manufacturer or distributor, two hundred fifty thousand dollars;

            (2)    If the licensee is an operator or associated equipment manufacturer or distributor, one hundred thousand dollars;

            (3)    If the licensee is a retailer or gaming property owner, twenty-five thousand dollars;

            (4)    If the licensee is a key employee, five thousand dollars; and

            (5)    If the licensee has a support license, two thousand five hundred dollars.

    Any monetary penalty received by the commission under this section shall be deposited in the gaming commission fund established by § 42-7B-48 and is to be used solely for the purposes prescribed by subdivision 42-7B-48(2) and is not subject to the provisions of subdivision 42-7B-48(4) 42-7B-48(3).

    Section 4. That § 42-7B-33 be amended to read:

    42-7B-33. Any person, any stockholder owning five percent or more of any corporation or limited liability company, and any officer or director, or any partner in any partnership involved as a manufacturer, distributor, operator, retailer, or gaming property owner, or key employee or support licensee involved with the conduct of gaming shall be:

            (1)    A person of good character, honesty, and integrity;

            (2)    A person whose prior activities, criminal record, reputation, habits, and associations do not pose a threat to the public interests of this state or to the control of the gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental to the conduct of gaming; and

            (3)    A person who has not entered a plea of guilty or nolo contendere to a felony charge or has not been convicted of a felony in this or any other jurisdiction, has not been found to have violated the provisions of this chapter or any rule adopted pursuant to this chapter, and has not knowingly made a false statement of material facts to the commission or its legal counsel.

     Signed January 31, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\192.wpd



PROPERTY

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\193.wpd
CHAPTER 193

(SB 99)

Commercial security deposits regulated.


        ENTITLED, An Act to establish certain provisions regarding commercial security deposits.

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 section, the term, commercial premises, means any real property for lease that does not consist of residential property, agricultural land, or any quantity of municipal lots. A lessor of commercial premises shall, within sixty days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return any security deposit to the tenant, or furnish to the tenant, a written statement showing the specific reason for the withholding of the deposit or any portion thereof. The lessor may withhold from the deposit only the amounts reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Within ninety days after termination of the tenancy, upon request of the lessee, the lessor shall provide the lessee with an itemized accounting of any deposit withheld.

    Any lessor of a commercial premises who fails to comply with this section shall forfeit all rights to withhold any portion of the deposit.

    The bad faith retention of a deposit or any portion of a deposit by a lessor of commercial premises in violation of this section, including failure to provide the written statement and itemized accounting required by this section, shall subject the lessor to punitive damages not to exceed two hundred dollars.

     Signed March 13, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\193.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\194.wpd
CHAPTER 194

(HB 1146)

Unclaimed property.


        ENTITLED, An Act to revise provisions related to unclaimed property.

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

    Section 1. That § 43-41B-17 be amended to read:



    43-41B-17. Any tangible and intangible property held in a safe deposit box or any other safekeeping repository or agency or collateral deposit box in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, which remain unclaimed by the owner for more than three years after the lease or rental period on the box or other repository has expired, are presumed abandoned. Any United States savings bond included in the contents of a safe deposit box or other repository must be reported and recorded in the unclaimed property database, independently of the box or repository. The savings bonds must be listed using the owner information on the original bond under property type code SC15 United States Government Securities. The savings bonds must be claimable by the person listed on the bond or by that person's heirs.

    Section 2. That § 43-41B-18 be amended to read:

    43-41B-18. (a) A person holding property tangible or intangible, presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the administrator concerning the property as provided in this section. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, shall does not prevent the money or property from being presumed abandoned property, nor affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the state treasurer.

    The holder of unclaimed property shall, before filing the annual report required by this section, communicate with the owner and take necessary steps to prevent abandonment from being presumed by exercising due diligence to ascertain the whereabouts of the owner. This shall include, but is not limited to, includes the mailing of notice to each person having an address if said the person is entitled to property of the value of fifty dollars or more presumed abandoned under this chapter.

    The mailed notice shall contain:

            (1)    A statement that according to the records of the holder, property is being held to which the addressee appears to be entitled;

            (2)    Information regarding any changes of the name of the holder; and

            (3)    A statement that the property will escheat to the state.

    (b) The report must be verified and must include:

            (1)    Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property of the value of fifty ten dollars or more presumed abandoned under this chapter;

            (2)    In the case of unclaimed funds of fifty ten dollars or more held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;

            (3)    In the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder;

            (4)    The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items of value under fifty ten dollars each may be reported in the aggregate;

            (5)    The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and

            (6)    Other information the administrator prescribes by rule as necessary for the administration of this chapter.

    (c) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his or her name while holding the property, he the person shall file with his the report all known names and addresses of each previous holder of the property.

    (d) The report must be filed before November first of each year as of June thirtieth, next preceding, but the report of any life insurance company must be filed before May first of each year as of December thirty-first next preceding. On written request by any person required to file a report, the administrator may postpone the reporting date or waive any interest fees or penalties.

    (e) The holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall, between the time of the commencement and the termination of the applicable dormancy period, send written notice to the apparent owner at his the owner's last known address informing him the owner that the holder is in possession of property subject to this chapter if:

            (1)    The holder has in its records an address for the apparent owner which the holder's records disclose to be accurate;

            (2)    The claim of the apparent owner is not barred by the statutes of limitations; and

            (3)    The property has a value of fifty dollars or more.

    Section 3. That § 43-41B-19 be amended to read:

    43-41B-19. (a) The administrator shall cause a notice to be published within the quarter immediately following the report required by § 43-41B-18 at least once in a newspaper of general circulation in the county of this state in which is located the last known address of any person to be named in the notice. If no address is listed or the address is outside this state, the notice must be published in the county in which the holder of the property has its principal place of business within this state.

    (b) The published notice must be entitled "Notice of Names of Persons Appearing to be Owners of Abandoned Unclaimed Property" and contain:

            (1)    The names in alphabetical order and the last known address city and state of residence, if any, of persons listed in the report and entitled to notice within the county as specified in subsection (a);

            (2)    A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and

            (3)    A statement that if proof of claim is not presented by the owner and the owner's right to receive the property must be established to the administrator's satisfaction to whom all claims must be directed.

    (c) The administrator is not required to publish in the notice any items of less than one hundred twenty-five dollars unless the administrator considers their publication to be in the public interest.

    (d) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under § 43-41B-4.

    Section 4. That § 43-41B-23 be amended to read:

    43-41B-23. (a) Except as provided in subsections (b) and (c), the administrator, within No earlier than three years after the receipt of abandoned property, the administrator shall sell the property to the highest bidder at a public sale in whatever city in the state affords, in the judgment of or by means of an internet auction, depending on which method of sale the administrator, determines affords 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 determines that the bid is insufficient. If in the judgment of the administrator determines that the probable cost of the sale exceeds will exceed the value of the property, the administrator need not offer 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 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 by the owner or previous holder of the property and of by all persons claiming through or under the owner or previous holder.

    (e) The administrator shall execute all documents necessary to complete the transfer of ownership.

    Section 5. 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 one hundred eighty days after it is filed and give written provide notice to the claimant if the claim is denied in whole or in part. The notice may be given by sending the notice sent by mail to the last address or, if any, of the claimant stated in the claim as the address to which for the receipt of notices are to be sent. In the alternative, the notice may be sent electronically to the last e-mail address of the claimant or to the e-mail address stated in the claim for the receipt of notices.

    If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, or e-mailed to the last e-mail address of the claimant, as stated in the claim. No notice of denial need be given if the claim fails to state either the last mailing or e-mail address to which notices are to be sent or the mailing or e-mail 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 the property has been sold by the administrator, together with any additional amount required by § 43-41B-22.

    If the claim is for property that is presumed abandoned under § 43-41B-10 which and that was

sold by the administrator within ninety one hundred eighty 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 March 21, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\194.wpd

LIENS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\195.wpd
CHAPTER 195

(SB 70)

Hospital liens.


        ENTITLED, An Act to revise certain provisions regarding hospital liens.

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

    Section 1. That chapter 44-12 be amended by adding a NEW SECTION to read:

    If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4, submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

    If after filing a lien the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

    The hospital shall submit such charges to the payor in the same amounts and upon the same terms and conditions under which it submits charges for patients who do not have a claim against another for damages caused by an injury.

    If the period prescribed by law or by contract for submitting such charges to the payor has expired through no fault of the hospital or if the payor has refused to pay the charges, the hospital may file a lien or enforce an existing lien.

    Section 2. That § 44-12-1 be amended to read:

    44-12-1. Any Subject to section 1 of this Act, a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of the State of South Dakota this state that furnishes hospitalization or other service of any other nature in the treatment of or in connection with an injury not covered by the Workers' Compensation Act under title 62, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party of any recovery or sum had or collected or to be collected by the injured party, or by

the injured party's heirs or personal representatives representative in case of the injured party's death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of the hospital for the treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.

     Signed March 13, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\195.wpd

CORPORATIONS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\196.wpd
CHAPTER 196

(HB 1202)

Number of qualified directors of a corporation
needed to take certain actions.


        ENTITLED, An Act to revise the number of qualified directors of a corporation needed to take certain actions.

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

    Section 1. That § 47-1A-862 be amended to read:

    47-1A-862. Directors' action respecting a transaction is effective for purposes of subdivision 47-1A-861.1(1) if the transaction received the affirmative vote of a majority, but no fewer than two one, of those qualified directors on the board of directors or on a duly empowered committee of the board who voted on the transaction after either required disclosure to them, to the extent the information was not known by them, or compliance with § 47-1A-861.1. However, action by a committee is so effective only if:

            (1)    All At least one of its members are is a qualified directors director; and

            (2)    Its members are either all the qualified directors on the board or are appointed by the affirmative vote of a majority of the qualified directors on the board.

    Section 2. That § 47-1A-862.2 be amended to read:

    47-1A-862.2. A majority, but no fewer than two one, of all the qualified directors on the board of directors, or on the committee, constitutes a quorum for purposes of action that complies with §§ 47-1A-862 and 47-1A-862.1. Directors' action that otherwise complies with §§ 47-1A-862 and 47-1A-862.1 is not affected by the presence or vote of a director who is not a qualified director.

     Signed March 18, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\196.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\197.wpd
CHAPTER 197

(SB 123)

The adoption of privacy protection policies.


        ENTITLED, An Act to provide for the adoption of privacy protection policies.

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

    Section 1. That chapter 47-22 be amended by adding a NEW SECTION to read:

    Before a nonprofit corporation in the regular course of business or in the provision of services requests that a volunteer provide the volunteer's social security number, the corporation shall adopt a privacy protection policy that sets forth the manner in which the corporation intends to secure and protect any social security numbers in its possession or in the possession of a third party with whom the corporation shares or will share the numbers. The policy must specify measures that limit access to social security numbers and processes and procedures that mitigate against the improper disclosure of social security numbers. The corporation shall:

            (1)    Provide the policy to any volunteer who has been requested to provide the volunteer's social security number to the nonprofit corporation; and

            (2)    Make the policy available in printed form, upon request.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\197.wpd

PUBLIC UTILITIES AND CARRIERS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\198.wpd
CHAPTER 198

(SB 10)

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, 2018 2019, 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, 2018 2019, 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 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 13, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\198.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\199.wpd
CHAPTER 199

(SB 18)

References to federal laws and regulations
regarding pipeline safety inspections updated.


        ENTITLED, An Act to update certain references to federal laws and regulations regarding pipeline safety inspections and to increase the maximum civil penalty for certain pipeline safety violations.

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

    Section 1. That § 49-34B-1 be amended to read:

    49-34B-1. Terms used in this chapter mean:

            (1)    "Commission," the Public Utilities Commission;

            (2)    "Emergency release," a release of a quantity of gas that is great enough to pose a clear and immediate danger to life, health, environment, or that threatens a significant loss of

property;

            (3)    "Gas," natural gas, liquefied natural gas, flammable gas, gas which is toxic or corrosive, or liquefied petroleum gas in distribution systems;

            (4)    "Gas pipeline," all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies;

            (5)    "Gas pipeline facilities," new and existing pipelines, rights-of-way, master meter systems, pipeline facilities within this state which transport gas from an interstate gas pipeline to a direct sales customer within this state purchasing gas for its own consumption, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation;

            (6)    "Inspection fee," any fee assessed to pipeline operators based on the expenses and obligations incurred by the commission in implementing and administering this chapter;

            (7)    "Intrastate pipeline," any pipeline or that part of a pipeline to which this part applies that is not an interstate pipeline;

            (8)    "Interstate pipeline," pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, United States Code, Title 15, sections 717 to 717z, inclusive, as amended to January 1, 2016 2019, except that it does not include any pipeline facilities within this state which transport gas from an interstate gas pipeline to a direct sales customer within this state purchasing gas for its own consumption;

            (9)    "Liquefied natural gas," natural gas or synthetic gas having methane (CH4) as its major constituent that has been changed to a liquid or semisolid;

            (10)    "Master meter system," any pipeline system for distributing gas within a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system and the gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means, such as by rents;

            (11)    "Pipeline operator," any person who owns or operates a pipeline;

            (12)    "Release," a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, disposing, flowing, or any uncontrolled escape of a gas from a pipeline; and

            (13)    "Transportation of gas," the gathering, transmission, or distribution of gas by pipeline or the storage of gas.

    Section 2. That § 49-34B-3 be amended to read:

    49-34B-3. There is created a pipeline safety inspection program. The federal safety standards adopted as Code of Federal Regulations, title 49 appendix, parts 191, 192, 193, and 199 as amended to January 1, 2016 2019, are adopted as minimum safety standards for this chapter. The commission shall establish and implement a compliance program to enforce these safety standards. The program shall be established and implemented in a manner that fully complies with requirements for state certification under the United States Code, title 49, section 60105, as amended to January 1, 2016 2019.



    Section 3. That § 49-34B-4 be amended to read:

    49-34B-4. The commission may, by rules promulgated pursuant to chapter 1-26, establish safety standards, but not more stringent than federal safety standards as provided by § 49-34B-3, for the intrastate transportation of gas and gas pipeline facilities. The standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of gas pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing do not apply to pipeline facilities in existence on the date the standards are adopted by either this state or the federal government. The safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing the standards, the commission shall consider:

            (1)    Relevant available pipeline safety data;

            (2)    Whether the standards are appropriate for the particular type of pipeline transportation of gas;

            (3)    The reasonableness of any proposed standards;

            (4)    The extent to which the standard will contribute to public safety; and

            (5)    The existing standards established by the secretary of the United States Department of Transportation pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2016 2019.

    Section 4. That § 49-34B-12 be amended to read:

    49-34B-12. Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed one two hundred thousand dollars for each violation each day that the violation persists, except that the maximum civil penalty may not exceed one two million dollars for any related series of violations. In determining the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this chapter shall be deposited in the state treasury to the credit of the pipeline safety account, established pursuant to § 49-34B-9. This section does not apply to interstate gas pipeline facilities.

    Section 5. That § 49-34B-13 be amended to read:

    49-34B-13. No person is subject to civil penalties under this chapter if prior civil penalties have been imposed under the United States Code, title 49, section 60101 et seq. as amended to January 1, 2016 2019, for conduct that may give rise to a violation of both acts. Nothing in this chapter limits the powers of the commission, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the commission or any other person. Administrative remedies need not be exhausted in order to proceed under this chapter. The remedies provided by this chapter are in addition to those provided under existing statutory or common law.

    Section 6. That § 49-34B-14 be amended to read:

    49-34B-14. The commission may, to the extent authorized by agreement with the secretary of the United States Department of Transportation, act as agent for the secretary of transportation to implement the United States Code, title 49, section 60101 et seq. as amended to January 1, 2016 2019, and any federal pipeline safety regulations promulgated thereto with respect to interstate gas pipelines located within this state, as necessary to obtain annual federal certification. The

commission shall, to the extent authorized by federal law, inspect pipelines in the state as authorized by the provisions of this chapter.

    Section 7. That § 49-34B-15 be amended to read:

    49-34B-15. The commission may seek and accept federal designation of the commission's pipeline inspectors as federal agents for the purposes of inspection pursuant to the United States Code, title 49, section 60101 et seq. as amended to January 1, 2016 2019, and federal rules adopted to implement those acts. If the Department of Transportation delegates inspection authority to the state as provided in this section, the commission shall do what is necessary to carry out its delegated federal authority.

    Section 8. That § 49-34B-19 be amended to read:

    49-34B-19. The commission may promulgate pipeline inspection and safety rules, pursuant to chapter 1-26, to the extent necessary to enable the state to qualify for annual federal certification to operate the federal pipeline inspection program of intrastate and interstate gas pipelines as authorized by the United States Code, title 49, section 60101 et seq. as amended to January 1, 2016 2019.

    Section 9. That § 49-34B-22 be amended to read:

    49-34B-22. All information reported to or obtained by the commission under this chapter that contains or relates to a trade secret referred to in United States Code, title 18, section 1905, as amended to January 1, 2016 2019, or that is granted by chapter 37-29 is confidential for the purpose of that section, except that the information may be disclosed to the commission or commission employee or agent concerned with enforcing this chapter. Nothing in this section authorizes the withholding of information by the commission from a committee of the Legislature.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\199.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\200.wpd
CHAPTER 200

(SB 15)

Solar energy facilities regulated.


        ENTITLED, An Act to define solar energy facilities, establish certain provisions regarding solar energy permits, and revise the procedures by which the Public Utilities Commission processes facility permits.

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

    Section 1. That § 49-41B-2 be amended to read:

    49-41B-2. Terms as used in this chapter mean:

            (1)    "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly connected to a transmission facility or a facility that connects an AC transmission facility with a DC transmission facility or vice versa;

            (2)    "Associated facilities," facilities which include aqueducts, diversion dams, transmission substations, storage ponds, reservoirs, or cooling ponds;

            (3)    "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide molecules compressed in a supercritical state;

            (4)    "Commission," the Public Utilities Commission;

            (5)    "Construction," any clearing of land, excavation, or other action that would affect the environment of the site for each land or rights of way upon or over which a facility may be constructed or modified, but not including activities incident to preliminary engineering or environmental studies. This term includes modifications to facilities as defined in § 49-41B-2.2;

            (6)    "Energy conversion facility," any new facility, or facility expansion, designed for or capable of generation of one hundred megawatts or more of electricity, but does not include any wind or solar energy facilities;

            (7)    "Facility," any energy conversion facility, AC/DC conversion facility, transmission facility, solar energy facility, or wind energy facility, and associated facilities;

            (8)    "Permit," the permit issued by the commission under this chapter required for the construction and operation of a facility;

            (9)    "Person," an individual, partnership, limited liability company, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other public or private entity, however organized;

            (10)    "Siting area," that area within ten miles in any direction of a proposed energy conversion facility, AC/DC conversion facility, or which is determined by the commission to be affected by a proposed energy conversion facility;

            (11)    "Trans-state transmission facility," an electric transmission line and its associated facilities which originates outside the State of South Dakota, crosses this state and terminates outside the State of South Dakota; and which transmission line and associated facilities delivers electric power and energy of twenty-five percent or less of the design capacity of such line and facilities for use in the State of South Dakota;

            (12)    "Utility," any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities as defined by § 49-41B-2.1;

            (13)    "Wind energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that converts wind movement into electricity and that is designed for or capable of generation of one hundred megawatts or more of electricity. A wind energy facility expansion includes the addition of new wind turbines, designed for or capable of generating twenty-five megawatts or more of electricity, which are to be managed in common and integrated with existing turbines and the combined megawatt capability of the existing and new turbines is one hundred megawatts or more of electricity. The number of megawatts generated by a wind energy facility is determined by adding the nameplate power generation capability of each wind turbine;

            (14)    "Solar energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of solar panels, power collection systems, electric interconnection systems, and associated facilities, that converts solar energy into electricity and is designed for or capable of generating one hundred megawatts AC or more of electricity. A facility expansion includes the addition of new solar panels,

designed for or capable of generating twenty-five megawatts AC or more of electricity, that are to be managed in common and integrated with existing solar panels, and the combined megawatt capability of the existing and new solar panels is one hundred megawatts AC or more of electricity.

    Section 2. That § 49-41B-35 be amended to read:

    49-41B-35. To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26. Rules may be adopted by the commission:

            (1)    To establish the information requirements and procedures that every utility must follow when filing plans with the commission regarding its proposed and existing facilities;

            (2)    To establish procedures for utilities to follow when filing an application for a permit to construct a facility, and the information required to be included in the application; and

            (3)    To require bonds, guarantees, insurance, or other requirements to provide funding for the decommissioning and removal of a solar or wind energy facility.

    Section 3. That § 49-41B-36 be amended to read:

    49-41B-36. Nothing in this chapter is a delegation to the commission of the authority to route a transmission facility, or to designate or mandate location of an energy conversion facility, AC/DC conversion facility, solar energy facility, or wind energy facility.

    Section 4. That § 49-41B-5.2 be amended to read:

    49-41B-5.2. The Within thirty days following the filing of an application for permit, the applicant shall notify, in writing, the owner of record of any land that is located within one-half mile of the proposed site where the facility is to be constructed. For purposes of this section, the owner of record is limited to the owner designated to receive the property tax bill sent by the county treasurer. The notice shall be mailed by certified mail. The applicant shall also publish a notice of the proposed facility. Notification shall be published in the official newspaper of each county in which the proposed site is located. The notice shall be published at least once each week for at least two consecutive weeks. The notice shall contain a description of the nature and location of the facility. Any notification required by this section shall state the date, time, and location of the public hearing and shall be made no later than thirty days prior to the date of the public hearing. However, the second published notice shall be made no later than twenty days prior to the date of the public hearing input meeting. The applicant shall also file a copy of the application with the auditor of each county in which the proposed facility will be located.

    Section 5. That § 49-41B-15 be amended to read:

    49-41B-15. Within thirty days following receipt of an application for a permit, the commission shall:

            (1)    Schedule a public hearing input meeting;

            (2)    Notify the applicant of the hearing public input meeting; and

            (3)    Serve notice of the application and hearing public input meeting upon the governing bodies of the counties and municipalities totally or partially within the area of the proposed facility;

            (4)    Publish a notice of the time, place, and purpose of the public hearing in at least one newspaper of general circulation in counties totally or partially within the area of the

proposed facility; and

            (5)    File a copy of the application with the auditor of the county or counties in which the proposed facility will be constructed.

    Section 6. That § 49-41B-16 be amended to read:

    49-41B-16. Within thirty days after public notice is given, the Public Utilities Commission The commission shall hold any public hearings input meeting as close as practicable practical to the proposed facility. The commission shall publish a notice of the time, place, and purpose of any public input meeting three times in at least one newspaper of general circulation in any county totally or partially within the area of the proposed facility. Each notification required in this section shall state the date, time, and place of the public input meeting. The first notice shall be published no later than thirty days prior to the date of the public input meeting. The second notice shall be published no later than twenty days prior to the date of the public input meeting. The third notice shall be published no later than two days prior to the date of the public input meeting.

    Section 7. That § 49-41B-17 be amended to read:

    49-41B-17. The parties to a proceeding under this chapter unless otherwise provided include:

            (1)    The Public Utilities Commission and applicant commission staff;

            (2)    The applicant;

            (3)    Each municipality, county and governmental agency in the area where the facility is proposed to be sited, if timely application therefore is made as determined by the commission pursuant to rule; and

            (3)(4)    Any person residing in the area where the facility is proposed to be sited, any nonprofit organization, formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be sited or any directly interested person, if timely application therefore is made as determined by the commission pursuant to rule. A statement filed by a party to a permit proceeding shall become part of the record and shall be available to the public. An application for party status in a proceeding under this chapter must contain a detailed statement of the interests and reasons prompting the application.

    Section 8. That § 49-41B-22 be amended to read:

    49-41B-22. The applicant has the burden of proof to establish by a preponderance of the evidence that:

            (1)    The proposed facility will comply with all applicable laws and rules;

            (2)    The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten the social and economic condition of inhabitants or expected inhabitants in the siting area;

            (3)    The facility will not substantially impair the health, safety or welfare of the inhabitants; and

            (4)    The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is in compliance with this subdivision.

    Section 9. That § 49-41B-25 be amended to read:

    49-41B-25. Within six nine months of receipt of the initial application for a permit for the construction of a wind energy facility or solar energy facility, the commission shall make complete findings, and render a decision, regarding whether a permit should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the commission deems determines are appropriate. In its the decision, the commission must shall find that the construction of the facility meets all requirements of this chapter. Notice of the commission's decision shall be given to the applicant and to parties to the hearing within ten days following the decision.

    Section 10. That chapter 49-41B be amended by adding a NEW SECTION to read:

    Upon request of the applicant, the commission may extend the deadlines for commission action established in §§ 49-41B-24 and 49-41B-25.

    Section 11. That chapter 49-41B be amended by adding a NEW SECTION to read:

    The commission shall accept public comments on all applications filed under this chapter. Comments may be collected and forwarded to the commission on behalf of the commentators. The commission shall publish on the commission's website all comments that are accepted pursuant to this section, and may publish substantially similar comments by publishing one of the comments and attributing the content of the comment to a number of persons.

    Section 12. That chapter 49-41B be amended by adding a NEW SECTION to read:

    A party to a proceeding under this chapter as provided in § 49-41B-17 is entitled to a contested case hearing before the commission pursuant to chapter 1-26.

     Signed March, 19, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\201.wpd
CHAPTER 201

(SB 64)

Wind energy facilities
to include aircraft detection lighting systems.


        ENTITLED, An Act to require certain wind energy facilities to include aircraft detection lighting systems.

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

    Section 1. That chapter 49-41B be amended by adding a NEW SECTION to read:

    For any wind energy facility that receives a permit under this chapter after July 1, 2019, the facility shall be equipped with an aircraft detection lighting system that meets the requirements set

forth by the Federal Aviation Administration for obstruction marking and lighting in Chapter 14 of FAA Advisory Circular (AC) 70/7460-1L, "Obstruction Marking and Lighting," dated December 4, 2015. Any cost associated with the installation, operation, or maintenance of a system under this section is solely the responsibility of any owner of the wind energy facility.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\201.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\202.wpd
CHAPTER 202

(SB 16)

Financial security for the decommissioning of wind turbines.


        ENTITLED, An Act to establish certain provisions regarding financial security for the decommissioning of wind turbines.

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

    Section 1. That chapter 49-41B be amended by adding a NEW SECTION to read:

    All right and title in any financial security required by the commission for the decommissioning of wind turbines shall be controlled by the commission in accordance with the terms of the financial security agreement or instrument until the commission by order releases the security. The financial security of the person required to provide it may not be cancelled, assigned, revoked, disbursed, replaced, or allowed to terminate without commission approval.

    The commission may require, accept, hold, or enter into any agreement or instrument for the provision of financial security, including any funds reserved or held by any person to satisfy or guarantee the obligation of an owner of wind turbines permitted under this chapter, to decommission and remove the wind turbines. The form, term, and conditions of the financial security are subject to the approval of the commission. The commission shall determine any claim upon the financial security made by any landowner for decommissioning and removal of turbines.

    Any financial security provided under this chapter may not be pledged or used as security for any other obligation of the wind turbine owner, and is exempt from attachment or mesne process, from levy or sale on execution, and from any other final process issued from any court on behalf of third party creditors of the owner of the wind turbines. Any commission decision based on any claim made by the owner of the wind turbines for refund or return of the financial security, or for actual expenses of decommissioning, or any related agreements may be appealed.

    In any case, the commission may appear in court and defend the integrity and viability of the financial security for purposes of decommissioning and removal of wind turbines. The commission may not require any financial security from an owner of wind turbines who is also a public utility as defined in subdivision 49-34A-1(12).

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\202.wpd



AVIATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\203.wpd
CHAPTER 203

(HB 1071)

Aviation revisions.


        ENTITLED, An Act to revise and repeal 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 science, art, and physics of flight. The term also means the method or act of construction, repair, or maintenance of airports, airport facilities, aircraft, and aviation facilities;

            (3)    "Air traffic," aircraft operating in the air or on an airport surface other than a loading ramp and parking area;

            (4)(2)    "Air traffic control," a service operated by an authority under FAA Federal Aviation Administration oversight to promote the safe, orderly, and expeditious flow of air traffic in the United States;

            (5)(3)    "Aircraft," 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;

            (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;

            (4)    "Aircraft dealer," any person, manufacturer, or distributor engaged in the business of buying, selling, exchanging, or acting as a broker for three or more aircraft in any twelve consecutive months, other than a business liquidation of used aircraft;

            (7)(5)    "Airport," any area of land or water used, or intended to be used, for landing and take-off of aircraft, and any appurtenant area, structure, facility, or right of way to facilitate that use. The term includes any military airport, private airport, public airport, and temporary airport;

            (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;

            (6)    "Airport authority," any regional airport authority created under this chapter;

            (7)    "Airport facility," any structure, mechanism, light, beacon, marker, communicating system, or other instrumentality or device used as an aid to the safe taking off and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and which is not owned or operated by the federal government;

            (8)    "Airport hazard," any existing or potential condition that can endanger the life or property of a user of an airport or any occupant of land in the vicinity of an airport, and which can lead to damage to or loss of airport system equipment or property or the environment;

            (9)    "Airport obstruction," any structure or obstacle, or use of land, that obstructs an aerial approach of an airport or is otherwise hazardous to the use of an airport by aircraft for landing or taking off;

            (10)    "Airport sponsor," a public agency, private owner, state entity, or other political subdivision that is associated with a public use airport facility and is a recipient of any federal airport improvement grant;

            (9)(11)    "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)(12)    "Aviation facility," any airport facility that supports aviation activities, including any airport, heliport, and navigational aid;

            (12)(13)    "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)(14)    "Civil aircraft," any aircraft other than a public aircraft;

            (15)    "Commercial purpose," an aviation activity for profit that includes flight instruction, charter, air taxi, or rental, but does not include the substitution of a commercial use stamp for regular aircraft registration for the promotion of a business or other purpose that does not involve aviation;

            (14)(16)    "Commission," the South Dakota Aeronautics Commission;

            (15)(17)    "Controlled airspace," any airspace of specific and defined classifications and dimensions inside of which air traffic control services are provided;

            (16)(18)    "Department," the South Dakota Department of Transportation;

            (17)(19)    "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)(20)    "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)(21)    "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)(22)    "Navigational aid," any device external to an aircraft specifically intended to assist a pilot in determining the aircraft's position and safe course;

            (23)    "Place of business," a permanent enclosed structure at which a permanent business of bartering, trading, or selling aircraft is carried out in good faith. The term does not include any residence, tent, stand, or any other temporary structure;

            (25)(24)    "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;

            (26)(25)    "Private airport," any privately owned airport that is available for use only by the owner and the owner's invitees;

            (26)    "Project," any airport operated by an authority, including any real and personal property, structure, machinery, equipment, or appurtenance or facility that is part of the airport or used in connection with the airport either as a ground facility for the convenience of handling aviation equipment, passengers, or freight, or as part of any aviation or air safety operation;

            (27)    "Public aircraft," any aircraft, including military aircraft, used exclusively in the governmental service of any state or territory of the United States;

            (28)    "Public airport," any airport, whether publicly or privately owned, that is available to the public for 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)(30)    "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 § 50-2-1 be amended to read:

    50-2-1. The Aeronautics Commission commission consists of seven persons appointed by the Governor, who shall each receive the per diem set by § 4-7-10.4 for the time actually spent in the performance of their official duties, together with traveling expenses set by rule of the Board of Finance. At least four members of the commission shall be or have been actively engaged in and have had at least one year of practical experience in civil or military aeronautics.

    The terms term of members begin each member begins on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's member's term is for three years and expires on October thirtieth in the third year of the member's appointment.

    Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

    Section 3. That § 50-2-12 be amended to read:

    50-2-12. The commission shall approve the expenditure and disbursement of moneys grants or funds appropriated and available for matching purposes, and for the construction, development, operation, marking, and maintenance of airports, and airport facilities.

    Section 4. That § 50-2-13 be amended to read:

    50-2-13. The rules promulgated by the commission under the authority of § 50-2-2.1, shall be as shall promulgate rules in accordance with chapter 1-26 that are consistent as possible with federal law and regulations governing aeronautics.

    Section 5. That § 50-2-15 be amended to read:

    50-2-15. The commission, when its state aircraft are not being used in the conduct of the necessary activities of the Department of Transportation department, may operate the aircraft for other departments of the state government of South Dakota this state. The rate of reimbursement to the department shall be set by the Board of Finance, to fully defray the cost and expenses of rendering the service under this section.

    Section 6. That § 50-4-1 be amended to read:

    50-4-1. The department shall assist in the development of aviation and aviation facilities within the this state for the purpose of safeguarding the interests of those engaged in all phases of the industry and of the general public, and promoting aeronautics.

    Section 7. 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 funds or grants made available for such purposes, construct, improve, maintain, mark, and operate airports and other aviation facilities either within or without this state, and to financially assist financially counties, municipalities, and organized townships any county, municipality, or organized township in constructing, improving, maintaining, marking, and operating airports and other aviation facilities within or without the state. For such purposes the. The department may exercise all of the powers and any power or authority conferred upon municipal corporations by under this title.

    Section 8. That § 50-4-3 be amended to read:

    50-4-3. The department may cooperate with the government any agency or department of the United States, and any agency or department thereof, in the acquisition, construction, improvement, maintenance, and operation of airports and other aviation facilities in this state.



    Section 9. That § 50-4-4 be amended to read:

    50-4-4. The department may accept and receive federal moneys grants and other moneys funds, either public or private, for and on behalf of the state, counties, or municipalities, any county, or any municipality, for the acquisition, construction, improvement, maintenance, and operation of airports and other aviation facilities, whether the work is to be done by the state, counties, or municipalities a county, or a municipality, or jointly, aided by grants of aid from the United States.

    Section 10. That § 50-4-5 be amended to read:

    50-4-5. The department shall act as an agent of any county or municipality airport sponsor of this state upon the request of the county or municipality airport sponsor, in accepting, receiving and receipting for any moneys grants or funds for airports or other aviation purposes, and in contracting for the acquisition, construction, improvement, maintenance, or operation of airports or other aviation facilities, financed either in whole or in part by federal moneys grants. The governing body of the county or municipality airport sponsor shall designate the department as its agent for such purposes of this section and to enter into an agreement with the department prescribing the terms and conditions of the agency.

    Section 11. That § 50-4-6 be amended to read:

    50-4-6. Any moneys grant paid by the United States government under the provisions of § 50-4-4 or 50-4-5 shall be retained by the state or paid over to the county or municipality appropriated to the airport sponsor under the terms and conditions imposed by the United States government in making the grants grant.

    Section 12. That § 50-4-7 be amended to read:

    50-4-7. All contracts Any contract for the acquisition, construction, improvement, maintenance, and operation of airports, or other or aviation facilities made by the department, either as the agent of this state or as the agent of any county or municipality airport sponsor, shall be made pursuant to in accordance with the laws of this state governing the making of like contracts.

    Section 13. That § 50-4-8 be amended to read:

    50-4-8. All moneys grants or funds accepted for disbursement by the department pursuant to under §§ 50-4-3 to 50-4-7, inclusive, shall be deposited in the state treasury, and, unless otherwise prescribed by the authority from which the money is grants or funds are received, kept in separate funds, designated according to the purposes for which the moneys grants or funds were made available, and held by the state in trust for such those purposes. All such moneys grants or funds are hereby continuously appropriated for the purposes for which the same were grants or funds are made available, to be expended in accordance with those sections. The department may, whether acting for this state or as the agent of any of its counties or municipalities airport sponsor, or if requested by the any department or agency of the United States government or any agency or department thereof, disburse the moneys grants or funds for the their designated purposes, but this does not preclude any other authorized method of disbursement.

    Section 14. That § 50-4-14 be amended to read:

    50-4-14. The state aeronautics fund and the accumulations to the fund as appropriated by the Legislature may be used for the following purposes:

            (1)    The construction, development, lighting, marking, and maintenance of publicly owned public airports;

            (2)    The lighting, marking, and maintenance of runways, taxiways, and parking areas of

privately owned and operated public airports licensed by the commission, in proportion to the amount of the aircraft fuel tax paid on the aircraft fuel purchased for resale for use in aircraft at each privately owned and operated public airport, as nearly as practicable, as to each airport it appears to the satisfaction of the commission that the airport is deems to be operated and maintained in accordance with the laws of this state, the rules of the commission, and the standard standards established for the airport by any agency of the United States, and provided that the unrestricted use of the airport, is at all times available to the general public for the taking off and landing of aircraft;

            (3)    The matching of any funds made available by the United States, this state, or any of the political subdivisions of this state for the purchase of sites for airports, and for the construction, lighting, and marking development, and maintenance of such the airports, in amounts as the commission may determine; and

            (4)    The paying of salaries, office expenses, traveling, and other expenses of the commission and the department staff to carry out the responsibilities defined in chapter 50-2.

    Section 15. That § 50-4-16 be amended to read:

    50-4-16. The commission department shall make an allocation of a portion of the aircraft fuel tax collected pursuant to under §§ 10-47B-1 and 10-47B-4, to each eligible airport. The allocation rate shall be determined by the commission. The monthly allocation shall be determined by the department from the monthly reports required by § 50-4-12, and be based as nearly as practicable upon the amount of aircraft fuel tax collected on retail sales of aircraft fuel sold at each eligible airport for use in general aviation aircraft. The amount of aircraft fuel tax collected on aircraft fuel sales to regular airlines airport sponsors shall be allocated separately by the department. All Any remaining aircraft fuel tax collected pursuant to under §§ 10-47B-1 and 10-47B-4, shall be placed in the aeronautics fund and be used by the commission as provided in § 50-4-14.

    Section 16. That § 50-5-1 be amended to read:

    50-5-1. Any owner or operator of a public airport shall apply to the commission for approval for the public airport prior to its use. Any owner or operator of a private airport located within two six miles of the nearest boundary of any approved public airport shall apply to the commission for approval for the private airport prior to its use. The commission shall consider and either approve or reject an application within sixty days of receipt of the completed application.

    A person is guilty of a Class 2 misdemeanor if the person uses or operates a public airport or a private airport located within six miles of the nearest boundary of an approved public airport without the approval of the commission.

    Section 17. 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 the premises, and the buildings, and other structures thereon, where the airports or other aviation facilities are operated.

    Section 18. That § 50-7-1 be amended to read:

    50-7-1. For the purposes of this chapter, the term, municipalities, includes organized townships and organized counties and like, with any power and authority is hereby to be conferred upon organized townships and organized counties as now exists in is conferred upon municipalities. For the purposes of this chapter, the term, governmental agency, means any municipality, county, public corporation, or other public agency.

    Section 19. 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, and maintaining, equipping, operating, regulating, or protecting airports or 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 20. 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 airport of that state that plans or constructs aviation facilities within this state, are subject to the laws of this state applicable to airports and airport facilities. The adjoining state or governmental agency shall have the power of may exercise eminent domain in this state, which shall be exercised in the manner provided by the laws of this state governing condemnation proceedings. The power of. An adjoining state may not exercise eminent domain may not be exercised within this state unless the adjoining state authorizes the exercise of that power therein eminent domain within the adjoining state by this state or any governmental agency thereof of this state having any of the powers mentioned in under this section and § 50-7-2.2.

    Section 21. That § 50-7-10 be amended to read:

    50-7-10. The governing body of any governmental agency airport sponsor shall designate the department as the body's airport sponsor's agent to accept, receive, and receipt for federal moneys grants in the body's behalf for airport purposes, and to contract for the acquisition planning, construction, enlargement, improvement, and maintenance, equipment, or operation of airports, or other of aviation facilities. The governmental agency airport sponsor may enter into an agreement with the department prescribing the terms and conditions of the agency under this section. The federal moneys grants shall be paid to the municipality or county airport sponsor under such the terms and conditions as may be imposed by the United States government in making the grant.

    Section 22. That § 50-7-11 be amended to read:

    50-7-11. Any contract for the acquisition planning, construction, enlargement, improvement, and maintenance, equipment, or operation of any airport or of any other aviation facility, made by the governmental agency itself airport sponsor, or through the agency of the department, shall be made pursuant to in accordance with the laws of this state governing the making of like contracts.

    Section 23. That § 50-7-12 be amended to read:

    50-7-12. The governmental agency airport sponsor that has established an airport and acquired, leased, or set apart real property for such purpose purposes of an airport may plan, construct, improve, equip, and maintain, and operate the same airport, and may lease or sublet the property for airport purposes. The expenses of the planning, construction, improvement, equipment, and maintenance, and operation shall be a municipality or county charge as the case may be charged to the appropriate airport sponsor.

    Section 24. That § 50-7-13 be amended to read:

    50-7-13. The governmental agency airport sponsor that has established an airport and acquired, leased, or set apart real property for such purpose purposes of an airport may vest jurisdiction for the planning, construction, improvement, equipment, maintenance, and operation of the airport, in any suitable officer, board, or body of the governmental agency airport sponsor. The governmental agency airport sponsor, if a county or municipality, may create by ordinance a board whose sole purpose shall be to improve, regulate, and supervise the operation and management of air airport facilities.


    Section 25. That § 50-9-1 be amended to read:

    50-9-1. Any A 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 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 that has obtained a Federal Aviation Administration determination of no hazard, may shall provide that the determination to the commission prior to the start of construction in lieu of the application and permit required by this chapter or alteration of any structure that is subject to the jurisdiction of the Federal Aviation Administration.

    A violation of this section is a Class 1 misdemeanor.

    Section 26. That § 50-9-4 be amended to read:

    50-9-4. Any A person aggrieved by any action of the commission may appeal an action of the commission in the manner provided by law and the rules of practice and procedure adopted by the Supreme Court governing appeals from boards and commissions accordance with chapter 1-26.

    Section 27. That § 50-10-2 be amended to read:

    50-10-2. It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is hereby declared:

            (1)    That the The creation or establishment of an airport hazard is a public nuisance and an injury to the community or the United States served by the airport in question; and

            (2)    That it is therefore necessary in the interest of the public health, public safety, and general

welfare that the creation or establishment of airport hazards and shall be prevented in accordance with this chapter.

    Section 28. That § 50-10-5 be amended to read:

    50-10-5. Each municipality, county, or other political subdivision airport sponsor that is a municipality, county, or political subdivision of the state that has an airport layout plan, shall take measures for the protection of airport approaches, and shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed by this chapter, airport zoning regulations applicable to the area.

    Section 29. That § 50-10-6 be amended to read:

    50-10-6. The regulations required by § 50-10-5 shall divide the area airport layout into zones, and, within the zones each zone, specify the land uses permitted, regulate and restrict the height to which structures and trees may be erected or allowed to grow, prohibit the obstruction, by lights, smoke, electronic devices, or any other means, of the safe operation of aircraft near airports, and impose such other restrictions and requirements as may be necessary to effectuate the layout plan for for the protection of the airport. The existing and ultimate runway protection zone as depicted on the airport layout plan shall be zoned to exclude homes and structures which that constitute a concentration of people unless otherwise approved by the Federal Aviation Administration.

    Section 30. That § 50-10-14 be amended to read:

    50-10-14. The governing body of any political subdivision adopting airport zoning regulations under this chapter may delegate the duty of administering and enforcing the regulations to any administrative agency under its jurisdiction. However, the The administrative agency may not be or include any member of the board of appeals. The duties of the administrative agency shall include that of hearing and deciding all permits under § 50-10-10. However, the The agency may not have or exercise any of the powers delegated to the board of appeals.

    Section 31. That § 50-10-15 be amended to read:

    50-10-15. Airport zoning regulations adopted under this chapter shall provide for the appointment of a board of appeals to have and exercise the following powers:

            (1)    To hear Hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of this chapter or of any ordinance adopted pursuant thereto under this chapter; and

            (2)    To hear Hear and decide special exceptions to the terms of the ordinance upon which such the board may be required to pass under such the ordinance;

            (3)    To hear and decide specific variances under § 50-10-11.

    Where If a zoning board of appeals or adjustment already exist exists, it may be appointed as the board of appeals. Otherwise, the The board of appeals shall consist of five members, each to be appointed for a term of three years and to be removable for cause by the appointing authority upon written charges and after public hearing.

    Section 32. That § 50-11-9 be amended to read:

    50-11-9. The owner or lessee of an aircraft to be operated within this state shall, except as otherwise expressly provided, file with the department on a form furnished by the department, an application for registration of the aircraft. A person who fails to register an aircraft within thirty days after it is operated in this state is guilty of a Class 2 misdemeanor. A person who knowingly makes

a false statement of a material fact in the application is guilty of a Class 5 felony. This section does not apply to any sUAS.

    Section 33. That § 50-11-19 be amended to read:

    50-11-19. In addition to all other registration fees paid to the Department of Transportation department, an additional original registration tax of four percent, based upon the purchase price of the aircraft, shall be paid to the Department of Transportation in conjunction department, along with the application for the original registration of an aircraft. However, for the For an initial registration of aircraft manufactured and used exclusively for agricultural spraying, crop dusting, seeding, fertilizing, or defoliating purposes, the registration tax under this section is three percent.

    Aircraft subject to the tax imposed by this chapter are exempt from taxes imposed by chapters 10-45 and 10-46. Aircraft used under a use stamp or dealer certificate, or engaged in regularly scheduled flying consisting of an act of interstate or foreign commerce, are exempt from the taxes imposed by chapters 10-45 and 10-46.

    Failure to pay the registration tax under this section within thirty days after an aircraft is operated in this state is a Class 2 misdemeanor. In addition, failure Failure to pay the registration tax within ninety days of the due date shall result in a civil penalty of one-half percent of the tax due for each month, or portion of the month, until the tax is paid in accordance with this chapter, not to exceed five percent of the tax due. A civil penalty imposed under this section shall be deposited into the aeronautics fund.

    Section 34. That § 50-11-19.4 be amended to read:

    50-11-19.4. The Department of Transportation department shall inform the Department of Revenue of the amount of credit granted pursuant to under § 50-11-19.3 on a quarterly basis. The Department of Revenue shall transfer to the Department of Transportation department, for deposit into the aeronautics fund, the amount of credit granted pursuant to under § 50-11-19.3. Transfers to the aeronautics fund shall be made on a quarterly basis.

    Section 35. That § 50-11-22 be amended to read:

    50-11-22. If an aircraft registered in accordance with §§ 50-11-8 to 50-11-21, inclusive, under this chapter is sold or transferred, the person in whose name the aircraft is registered shall complete and sign the endorsement on the back of the certificate of registration as prescribed by the department and shall, within seven working days, forward to the department by mail a notice of the sale or transfer including the date and place thereof of the sale or transfer, and the name and address of the purchaser or transferee. Failure to make the change of registration within the time required by A violation of this section is a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the certificate of registration is guilty of a Class 5 felony.

    Section 36. That § 50-11-23 be amended to read:

    50-11-23. The purchaser or transferee described by under § 50-11-22 shall, within thirty sixty days, apply to the department for the transfer of the registration of the aircraft to the purchaser's or transferee's name and the issuance of a new certificate of registration. Failure to change registration within the time required by A violation of this section is a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the application is guilty of a Class 5 felony.

    The endorsed certificate of registration is void thirty sixty days after the date of the sale or transfer of such the aircraft.

    Section 37. That § 50-11-25 be amended to read:


    50-11-25. The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not apply to an any aircraft and airmen person operating such an aircraft, which that is owned by, and or used exclusively in the service of, any government or any political subdivision thereof, including the government of the United States, any state or political subdivision of the state, territory, or possession of the United States, or the District of Columbia which, and that is not engaged in carrying persons or property for commercial purposes.

    Section 38. That § 50-11-26 be amended to read:

    50-11-26. The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not apply to military aircraft and personnel of the United States government, or any aircraft and personnel licensed by a foreign country with which the United States has reciprocal relations, if the aircraft and personnel are not engaged in any intrastate commercial activity within this state.

    Section 39. That § 50-11-27 be amended to read:

    50-11-27. Any aircraft of any resident of another state, and any nonresident airmen person, having complied with the registration requirements of that state, may be operated or operate within this state for a period of not more than ninety days in any one year without complying with §§ 50-11-8 to 50-11-24, inclusive, this chapter if the aircraft or airmen person is not engaged in any intrastate commercial activity within this state, and that under the laws of the state of such persons' the person's residence, like exemptions and privileges are granted to aircraft owned by residents of this state and resident airmen persons of this state duly registered under the laws of this state. A nonresident within the meaning of the provisions of said sections under this section is a person who has not resided within this state for a period of ninety days. Failure to register after ninety days is a Class 1 misdemeanor.

    Section 40. That § 50-11-28 be amended to read:

    50-11-28. The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not apply to any aircraft, and airmen or person operating an aircraft, which is engaged in regularly scheduled flying constituting an act of interstate or foreign commerce.

    Section 41. That § 50-11-29 be amended to read:

    50-11-29. The provisions of §§ 50-11-8 to 50-11-24, inclusive, do This chapter does not apply to an individual any person operating model aircraft, balloons, gliders, or sUAS.

    Section 42. That § 50-11-33 be amended to read:

    50-11-33. It is A person is guilty of a Class 5 felony for a if the person to alter or forge, or cause alters, forges, or causes to be altered or forged, a certificate of registration or permit issued under the authority of §§ 50-11-8 to 50-11-31, inclusive this chapter, or an assignment or endorsement thereof of a certificate of registration or permit, or to hold or use such a certificate, assignment, or endorsement knowing it has been altered or forged.

    Section 43. That § 50-11-35 be amended to read:

    50-11-35. For aircraft leased under an agreement of for thirty-six calendar months or less, the original registration tax of four percent, as required under § 50-11-19, applies only to the scheduled lease payments, excluding fuel, routine maintenance, insurance, and crew, made in money or otherwise and shall be paid by the lessee at the time payments are made to the lessor. For aircraft leased for more than thirty-six calendar months, either by multiple short-term agreements or a long-term agreement, the original registration tax under § 50-11-19 shall be assessed on the market value of the aircraft at the time registration is due as stated in the aircraft bluebook and price digest. This The original registration tax is the responsibility of shall be paid by the owner of the aircraft.

A copy of the lease agreement shall be provided to the director department with the application for registration. If the lessee purchases the aircraft during the time period of the lease, all moneys any amount paid to the Department of Transportation department for registration taxes under this chapter shall be credited to taxes required in under § 50-11-19. Although the payment of taxes is based on the lease payments, the The annual registration fee provided for in required under §§ 50-11-12 to and 50-11-14, inclusive, apply applies for each aircraft under lease.

    Section 44. That chapter 50-12 be amended by adding a NEW SECTION to read:

    An aircraft dealer's place of business shall have a business name, and the telephone listing shall indicate the business is an aircraft-related place of business. The structure of an aircraft dealer's place of business shall be used primarily as a place of business for the sale or commercial use of aircraft.

    A licensed aircraft dealer may maintain a branch office or subagency in more than one location in this state, if the dealer obtains a separate license for each location. Each application for a branch office or subagency at any location other than the principal place of business shall be submitted in accordance with § 50-12-2.

    Section 45. That § 50-12-5 be amended to read:

    50-12-5. The A dealer's certificate issued under the authority of this chapter may be used only by a licensed aircraft dealer for aircraft owned or controlled by the dealer for the purposes of sale, resale, or flight instruction without charge which is required to ensure proper check-out time to a purchaser or the purchaser's pilot in the aircraft sold to the purchaser. The use of the. Use of a certificate for any other purpose other than as permitted under this section is a Class 2 misdemeanor.

    Section 46. That § 50-12-7 be amended to read:

    50-12-7. Upon the sale of any aircraft bearing an aircraft dealer's certificate, the dealer shall comply with §§ 50-11-22 and 50-11-23. If possession of such an aircraft is transferred to the a new owner, the dealer shall forthwith deliver the aircraft dealer's certificate and aircraft dealer sales affidavit to the department. The department shall hold the certificate until an application is received from the dealer for transfer to another aircraft. Any person who makes a false statement of a material fact on the a sales affidavit under this section is guilty of a Class 1 misdemeanor. Failure to report aircraft purchases and sales as required under this chapter is punishable by a civil penalty equal to the annual registration fee as provided in § 50-11-12. A civil penalty imposed under this section shall be deposited into the aeronautics fund.

    Section 47. That § 50-12-9 be amended to read:

    50-12-9. Any aircraft which has been subject to registration under an aircraft dealer's certificate and a commercial use stamp for a period exceeding twenty-four months shall be registered in compliance accordance with §§ 50-11-12 and 50-11-19.

    Section 48. That § 50-12-13 be amended to read:

    50-12-13. The aircraft dealer's license as provided by § 50-12-3 expires on the thirty-first day of January of the second year next succeeding the calendar year in which it was issued. The aircraft dealer's certificate as provided by § 50-12-6 and commercial use stamps as provided by § 50-12-8 expire twenty-four months after they are issued provided, if a valid dealer's license is in effect. The aircraft dealer's certificate and commercial use stamp expire expires automatically if the aircraft dealer's license expires as provided for pursuant to this section or the aircraft dealer no longer holds a valid aircraft dealer's license.

    Section 49. That § 1-16J-7 be amended to read:


    1-16J-7. For the purpose of protecting and promoting the economic impact of Ellsworth Air Force Base and associated industry, and to promote the health and safety of those living or working near the base, the authority may exercise the following powers:

            (1)    Have perpetual succession as a body politic and corporate exercising essential public functions;

            (2)    Sue and be sued in its own name;

            (3)    Have an official seal and alter the seal at will;

            (4)    Maintain an office at such places any place within the state as the authority may designate;

            (5)    Make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;

            (6)    Borrow money and accept gifts;

            (7)    Apply for and use gifts, grants, or loans of money, or other property from the United States, the state, a unit of local government, or any person, for any authority purposes of the authority, and to enter into agreements required in connection therewith with those purposes;

            (8)    Hold, use, and dispose of such moneys any gift, grant, loan, agreement, or property for any authority purposes of the authority in accordance with the terms of the gift, grant, loan, or agreement, or property;

            (9)    Employ fiscal consultants, engineers, attorneys, management service providers, and such other consultants and employees as may be required, and contract with agencies of the state to provide staff and support services;

            (10)    Procure insurance against any loss in connection with its property and other assets, including loans, bonds, and notes in such amounts and from such insurers as it may deem the authority deems advisable;

            (11)    Hold, control, and acquire by donation or purchase any private or public easements, dedications to public use, platted reservations for private or public purposes, or any reservations for those purposes authorized by this chapter, and make use of such easements, dedications, or reservations for any of the purposes authorized by this chapter;

            (12)    Lease as lessor or lessee to or from any person, firm, limited liability company, corporation, association, or body, public or private, any projects of the type that the authority may undertake and facilities or property of any nature for the use of the authority to carry out any of the purposes authorized by this chapter;

            (13)    Borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as provided authorized by this chapter;

            (14)    Procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entities entity, including any department, agency, or instrumentality of the United States or the state, for payment of all or any portion of any bonds bond issued by the authority, including the power to pay premiums, fees, or other charges on any such insurance, letters of credit, guarantees, or credit arrangements;

            (15)    Receive and accept from any source financial aid or contributions of moneys any grant, property, labor, or other things of value to be held, used, and applied to carry out the

purposes of this chapter, subject to the conditions upon which the grants or contributions are grant or contribution is made, including gifts or grants a gift or grant from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter;

            (16)    To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

            (17)    Make loans and grants to, and enter into financing agreements with, any governmental agency or any person for the costs incurred in connection with the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of any facilities facility, or for the maintenance of the physical or structural integrity of real or personal property incorporated or which may be incorporated into such facilities the facility, in accordance with a written agreement between the authority and such the governmental agency or person. However, no such A loan or grant made under this section may not exceed the total cost of such facilities the facility as determined by the governmental agency or person, and approved by the authority;

            (18)    Cooperate with, and exchange services, personnel, and information with, any governmental agency or political subdivision;

            (19)    Enter into agreements for management on behalf of the authority of any of its properties upon such terms and conditions as may be mutually agreeable;

            (20)    Sell, exchange, lease, donate, and convey any of its properties whenever the authority finds such action to be in furtherance of the purposes for which it was the authority is organized;

            (21)    Purchase from a willing seller, construct, develop, maintain, hold, lease, license, operate, dispose of, or decommission real and personal property projects, facilities, or any undertaking necessary for establishing compatible land use, as provided for in subdivision 50-10-32(2), around Ellsworth Air Force Base, or generally suitable for protecting or promoting the economic impact on the state of Ellsworth Air Force Base and related industries;

            (22)    Indemnify any person or governmental agency for such reasonable risks as the authority deems advisable if the indemnification is a condition of a grant, gift, or donation to the authority. However, any such Any obligation to indemnify may only be paid from insurance or from revenues of the authority, and such the obligation does not constitute a debt or obligation of the State of South Dakota this state;

            (23)    Acquire by eminent domain, in accordance with chapter 21-35, any private property that falls within the boundaries of Ellsworth Air Force Base, or property described in the 1994 United States Department of Defense approved Ellsworth Air Force Base Air Installation Compatible Use Zone Study as a clear zone or an accident potential zone one or two, or property located within the noise contours identified by the study, but only as necessary for the authority's purposes to establish a compatible land use as provided for in the study;

            (24)    Cooperate with, or contract with, other governmental agencies or political subdivisions as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this chapter; and

            (25)    Construct, purchase, license, lease, or operate a bulk wastewater treatment facility and

pipelines necessary to contract for bulk treatment of wastewater generated by Ellsworth Air Force Base, the city of Box Elder, or other authorized sewer utilities generating wastewater in the Box Elder Creek watershed. However, the The authority may not provide wastewater treatment service to any property located within any municipality's subdivision jurisdiction as defined in §§ 11-6-26 and 9-4-14 without first obtaining the municipality's consent.

    Section 50. That § 50-2-2.1 be repealed.

    Section 51. That § 50-5-4 be repealed.

    Section 52. That § 50-6A-1 be repealed.

    Section 53. That § 50-9-2 be repealed.

    Section 54. That § 50-9-3 be repealed.

    Section 55. That § 50-9-5 be repealed.

    Section 56. That § 50-10-1 be repealed.

    Section 57. That § 50-10-10 be repealed.

    Section 58. That § 50-10-11 be repealed.

    Section 59. That § 50-10-12 be repealed.

    Section 60. That § 50-10-32 be repealed.

    Section 61. That § 50-10-34 be repealed.

    Section 62. That § 50-10-35 be repealed.

    Section 63. That § 50-11-6 be repealed.

    Section 64. That § 50-11-8 be repealed.

    Section 65. That § 50-11-9.1 be repealed.

    Section 66. That § 50-11-10 be repealed.

    Section 67. That § 50-11-30 be repealed.

    Section 68. That § 50-11-31 be repealed.

    Section 69. That § 50-12-1 be repealed.

    Section 70. That § 50-12-6 be repealed.

    Section 71. That § 50-12-11 be repealed.

    Section 72. That § 50-12-15 be repealed.

    Section 73. That § 50-12-19 be repealed.

    Section 74. That § 50-13-3 be repealed.



    Section 75. That § 50-13-4 be repealed.

    Section 76. That § 50-13-5 be repealed.

    Section 77. That § 50-13-6 be repealed.

    Section 78. That § 50-13-7 be repealed.

    Section 79. That § 50-13-8 be repealed.

    Section 80. That § 50-13-9 be repealed.

    Section 81. That § 50-13-15 be repealed.

    Section 82.  In accordance with § 2-16-9, the Code Commission and Code Counsel of the State Legislative Research Council are requested to transfer chapter 50-3 to title 33.

    Section 83. In accordance with § 2-16-9, the Code Commission and Code Counsel of the State Legislative Research Council are requested to transfer chapter 50-8 to title 6.

    Section 84. In accordance with § 2-16-9, the Code Commission and Code Counsel of the State Legislative Research Council are requested to transfer §§ 50-10-13 to 50-10-28, inclusive, to title 11.

     Signed March 7, 2019
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\204.wpd
CHAPTER 204

(HB 1090)

The exercise of governmental authority
over certain adjoining property.


        ENTITLED, An Act to repeal certain provisions regarding the exercise of certain powers over certain property.

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

    Section 1. That § 50-7-2.2 be repealed.

    Section 2. That § 50-7-2.3 be repealed.

    Section 3. That § 50-7-2.4 be repealed.

     Signed March 20, 2019
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BANKS AND BANKING

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\205.wpd
CHAPTER 205

(HB 1033)

The transaction of business by trust companies.


        ENTITLED, An Act to revise provisions regarding transaction of business by trust companies.

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

    Section 1. That § 51A-6A-10 be amended to read:

    51A-6A-10. When the capital of any trust company is paid in, the president or cashier shall transmit to the director a verified statement showing the names and addresses of all owners, the amount of stock or units each subscribed, and the amount paid in by each. The director shall review each trust company as to the amount of money paid in for capital, and surplus, and undivided profits; by whom the amounts were paid, the amount of capital stock or units owned in good faith by each owner, and whether the trust company has complied with the provisions of law. If the director determines that the trust company has been organized as provided required by law, has complied with the provisions of law, and has secured the required approval, the director shall issue a certificate showing stating that the trust company has been organized and its capital paid in as required by law, and that the trust company is authorized to transact trust business as provided by law.

    Section 2. That § 51A-6A-19.2 be amended to read:

    51A-6A-19.2. Before any trust company authorized by this title transacts any such trust company business, the trust company shall pledge to the division, and maintain at all times, investments for the security of the trust creditors of the trust company, including as a priority claim costs incurred by the division in a receivership or liquidation of the trust company in the event it if the trust company should fail. The director shall determine the amount of the pledge shall be determined by the director in an amount deemed appropriate to defray such the costs incurred by the division in a receivership or liquidation of the trust company, but the amount of the pledge may not be less than a market value of one hundred thousand dollars, and may not nor exceed five hundred thousand dollars for a private trust company or one million dollars for a public trust company. Notwithstanding the maximum pledge amount allowed under this section, the director may require a public trust company to maintain a pledge of greater than one million dollars if the director finds that an increased pledge amount is required based upon consideration of the factors in § 51A-6A-19.1. The director may authorize a reduction of any previously established pledge, provided that no pledge may be less than a market value of one hundred thousand dollars. All investments pledged to the division shall be held at a depository institution in this state and all costs associated with pledging and holding such the investments are the responsibility of the trust company.

    The investments pledged to the division shall be of the same nature and quality as those required for public funds as provided in under §§ 4-5-6, 4-5-6.1, and 4-5-6.2.

    The commission may promulgate rules, pursuant to chapter 1-26, to establish additional investment guidelines or investment options for purposes of the pledge required by this section.

    In the event of a receivership of a trust company, the director may, without regard to priorities, preferences, or adverse claims, reduce the pledged investments to cash and, as soon as practicable, utilize the cash to defray the costs associated with the receivership.

    Income from such the investments pledged shall belong to and be paid to the trust company as so long as it the trust company continues to conduct its business in the ordinary course and so long as authorized by the director.

    If the director requires a trust company to increase its pledge, the director shall provide the trust company with notice and an order setting forth the amount of the pledge. The proposed effective date of an the order requiring an existing trust company to increase its setting forth the amount of the pledge shall be stated in the order as on or after the thirty-first day after the date of the proposed order. Unless the trust company requests a hearing before the commission in writing before the proposed effective date of the proposed order, the order becomes is effective and is final on the proposed effective date. Any hearing before the commission shall be held pursuant to chapter 1-26.

    Section 3. That § 51A-6A-24 be amended to read:

    51A-6A-24. Any trust company in corporate form may issue preferred stock of one or more classes in such amounts as are approved by the director. The holders of two-thirds of the common stock of the trust company shall approve the issuance at a meeting held for that purpose. Notice shall be given by registered mail to each stockholder at least five days before the date of the meeting under this section. No issue An issuance of preferred stock is not valid until the par value of all stock so issued is paid in. No preferred Preferred stock may be retired unless the common stock is increased in an amount equal to the amount of the preferred stock retired only if the trust company is in compliance with the capital requirements under § 51A-6A-19 following retirement of the preferred stock and if two-thirds of the holders of common stock of the trust company and the director approve the retirement.

    Section 4. That § 51A-6A-27 be amended to read:

    51A-6A-27. No trust company, during the time it continues in business, A trust company may not permit to be withdrawn, in the form of dividends, any portion of its capital required pursuant to under §§ 51A-6A-19 and 51A-6A-19.1. The current dividends of any trust company shall be paid from undivided profits after deducting losses, to be ascertained by generally accepted accounting principles at the time of making the dividend.

    Section 5. That § 51A-6A-28 be amended to read:

    51A-6A-28. The governing board of any trust company may declare dividends from undivided profits, provided that or surplus, if the trust company is in compliance with the capital requirements pursuant to of §§ 51A-6A-19 and 51A-6A-19.1 following payment of the dividend and if the director approves any dividend to be paid from surplus.

     Signed February 13, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\205.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\206.wpd
CHAPTER 206

(HB 1032)

Money transmission regulation.


        ENTITLED, An Act to revise provisions regarding money transmission.

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

    Section 1. That § 51A-17-4 be amended to read:

    51A-17-4. No person, except other than a person who is exempt pursuant to the provisions of under § 51A-17-3, may engage in the business of money transmission in this state without obtaining a license as provided in in accordance with this chapter and undergoing a criminal background investigation through the division. A person is engaged in providing money transmission if the person provides those services to residents of South Dakota, even if such this state, including any person who has no physical presence in South Dakota this state. Any Each person may subject to this section shall be licensed under and maintain a unique identifier through the nationwide mortgage licensing system and registry.

    Section 2. That § 51A-17-11 be amended to read:

    51A-17-11. Each applicant for licensure under this chapter, except publicly traded corporations and their subsidiaries, 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 division 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 division all information obtained as a result of the criminal background check. This information shall be obtained provide to the nationwide mortgage licensing system and registry a complete set of the applicant's fingerprints for submission to the Federal Bureau of Investigation and any other government agency authorized to receive fingerprints for the purposes of a state, national, and international criminal history background check prior to permanent licensure of the applicant. The division may require a state and federal criminal history background investigation check for any licensee who is the subject of a disciplinary investigation by the division. Failure The failure to submit or cooperate with the criminal history background investigation is grounds for check under this section may result in 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 history background investigation check.

    Section 3. That § 51A-17-12 be amended to read:

    51A-17-12. Each application for a license under this chapter shall be made in writing, and in on a form prescribed by the director. Each application shall contain that includes:

            (1)    The exact name of the applicant, the applicant's principal address, any fictitious or trade name used by the applicant in the conduct of its business, and the location of the applicant's business records;

            (2)    The history of the applicant's material litigation for the preceding five-year period prior to the date of the application;

            (3)    Two sets of completed fingerprint cards A complete set of the applicant's fingerprints and a signed waiver to authorize authorizing the division to conduct a criminal history

background investigation check of the applicant;

            (4)    A description of the business activities conducted by the applicant and a history of operations;

            (5)    A description of the business activities in which the applicant seeks to be engaged in the state;

            (6)    A list identifying the applicant's proposed authorized delegates in the state, if any, at the time of the filing of the license application;

            (7)    A sample authorized delegate contract, if applicable;

            (8)    A sample form of payment instrument, if applicable;

            (9)    Each location at which the applicant and its authorized delegates, if any, propose to conduct the licensed activities in the state; and

            (10)    The name and address of the clearing bank or banks on which the applicant's payment instruments will be drawn or through which such the payment instruments will be payable.

    Section 4. That § 51A-17-13 be amended to read:

    51A-17-13. If the applicant is a corporation, in In addition to the requirements of § 51A-17-12, the an applicant that is a corporation shall provide:

            (1)    The date of the applicant's incorporation and state of incorporation;

            (2)    A certificate of good standing from the state in which the applicant was incorporated;

            (3)    A description of the corporate structure of the applicant, including the identity of any parent or subsidiary of the applicant, and the disclosure of whether any parent or subsidiary is publicly traded on any stock exchange;

            (4)    The name, business and residence address, and employment history for the past preceding five years of the applicant's executive officers and any officer or manager who will be in charge of the applicant's activities to be licensed;

            (5)    The name, business and residence address, and employment history for the period preceding five years prior to the date of the application of any key shareholder of the applicant;

            (6)    The history of material litigation for the preceding five-year period prior to the date of the application of every executive officer or key shareholder of the applicant;

            (7)    Two sets of completed fingerprint cards A complete set of fingerprints and a signed waiver to authorize authorizing the division to conduct a criminal history background investigation check of every each executive officer or key shareholder of the applicant;

            (8)    A copy of the applicant's most recent audited financial statement, including balance sheet, statement of income or loss, statement of changes in shareholder equity, and statement of changes in financial position, and, if available, the applicant's audited financial statements for the immediately preceding two-year period. However, if the For an applicant that is a wholly owned subsidiary of another corporation, the applicant may submit either the parent corporation's consolidated audited financial statements for the current year and for

the immediately preceding two-year period, or the parent corporation's Form 10K reports filed with the United States Securities and Exchange Commission for the prior preceding three years in lieu of the applicant's financial statements. If the For an applicant that is a wholly owned subsidiary of a corporation having its principal place of business outside the United States, similar documentation filed with the parent corporation's non-United States regulator outside the United States may be submitted to satisfy this provision the requirements of this subdivision; and

            (9)    Copies A copy of all filings, if any, made by the applicant with the United States Securities and Exchange Commission, or with a similar regulator in a country other than the United States, within the preceding year preceding the date of filing of the application.

    Section 5. That § 51A-17-14 be amended to read:

    51A-17-14. If the applicant is not a corporation, in In addition to the requirements of § 51A-17-12, the an applicant that is not a corporation shall provide:

            (1)    The name, business and residence address, personal financial statement, and employment history, for the past preceding five years, of each principal of the applicant and the name, business and residence address, and employment history for the past preceding five years of any other persons person who will be in charge of the applicant's activities to be licensed;

            (2)    The place and date of the applicant's registration or qualification to do business in this state;

            (3)    The history of material litigation for the preceding five-year period prior to the date of the application for each individual having any ownership interest in the applicant and each person who exercises supervisory responsibility with respect to the applicant's business activities;

            (4)    Two sets of completed fingerprint cards A complete set of fingerprints and a signed waiver to authorize authorizing the division to conduct a criminal history background investigation check for each person having any ownership interest in the applicant and each person who exercises supervisory responsibility with respect to the applicant's business activities; and

            (5)    Copies A copy of the applicant's audited financial statements, including balance sheet, statement of income or loss, and statement of changes in financial position, for the current year and, if available, for the immediately preceding two-year period.

    Section 6. That § 51A-17-20 be amended to read:

    51A-17-20. Any application for renewal of a license pursuant to the provisions of in accordance with this chapter shall be filed with the director by December first and shall be accompanied by a fee and report as required pursuant to the provisions of under § 51A-17-19. Any licensee that files for application for renewal filed with the director after December first and before January first of the next calendar year shall pay a late fee in addition to the renewal fee. The is subject to the renewal fee and a late fee shall equal to twenty-five percent of the renewal fee. If the application for renewal of a license is filed The director may not issue a license for any application for renewal filed after December thirty-first, no license may be issued unless an application is filed pursuant to the provisions of in accordance with § 51A-17-12.

    Any money transmission license issued pursuant to the provisions of chapter 51A-17 that is set to expire on July 1, 2015, is extended until December 31, 2015.

    Section 7. That § 51A-17-48 be amended to read:

    51A-17-48. The director may use the nationwide mortgage licensing system and registry as a channeling agent for requesting information from and distributing information to the United States Department of Justice and from any other state and federal regulatory officials or agencies official or agency with money transmission industry oversight authority as deemed necessary by the director to carry out the responsibilities of this chapter.

     Signed March 13, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\206.wpd

CONTRACTS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\207.wpd
CHAPTER 207

(HB 1196)

Blockchain technology defined for certain purposes.


        ENTITLED, An Act to provide a definition of blockchain technology for certain purposes.

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

    Section 1. That § 53-12-1 be amended to read:

    53-12-1. Terms used in this chapter mean:

            (1)    "Agreement," the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules and procedures given the effect of agreements under laws otherwise applicable to a particular transaction;

            (2)    "Automated transaction," a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction;

            (3)    "Blockchain technology," technology that uses a distributed, shared, and replicated ledger, either public or private, with or without permission, or driven with or without tokenized crypto economics where the data on the ledger is protected with cryptography and is immutable and auditable;

            (4)    "Computer program," a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result;

            (4)(5)    "Contract," the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law;

            (5)(6)    "Electronic," any technology, including blockchain technology, using electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

            (6)(7)    "Electronic agent," a computer program or an electronic or other automated means used

independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual;

            (7)(8)    "Electronic record," a record created, generated, sent, communicated, received, or stored by electronic means. The term includes a record that is secured through blockchain technology;

            (8)(9)    "Electronic signature," an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The term includes a signature that is secured through blockchain technology;

            (9)(10)    "Governmental agency," an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state;

            (10)(11)    "Information," data, text, images, sounds, codes, computer programs, software, databases, or the like;

            (11)(12)    "Information processing system," an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information;

            (12)(13)    "Person," an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity;

            (13)(14)    "Record," information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

            (14)(15)    "Security procedure," a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures;

            (15)(16)    "State," a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state;

            (16)(17)    "Transaction," an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    As used in title 47, the terms, electronic, electronic transmission, or electronically transmitted, include blockchain technology, as defined in § 53-12-1.

     Signed March 7, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\207.wpd



DEBTOR AND CREDITOR

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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\208.wpd
CHAPTER 208

(SB 113)

Applications for money lending licenses are public records.


        ENTITLED, An Act to provide that certain information contained within applications for money lending licenses are public records.

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

    Section 1. That § 54-4-40 be amended to read:

    54-4-40. Any person who engages in the business of lending money shall apply for a license as prescribed by this chapter. The applicant shall apply for a license under oath on forms supplied by the division. The application shall contain the name of the applicant's business, proof of surety bond, address of the business, the names and addresses of the partners, members, officers, directors, or trustees, and other information the director may consider necessary. The applicant shall pay an original license fee, as set by rules of the commission promulgated pursuant to chapter 1-26, not to exceed one thousand dollars. If the application of an existing licensee is for an additional location, the application need only include the location and identity of the location manager, plus any changes from the existing license, or such other information the director may consider necessary. Any person may be licensed and maintain a unique identifier through the nationwide mortgage licensing system and registry.

    The proof of surety bond and the names and addresses of the business, members, officers, and trustees as contained in the application under this section are public records for purposes of chapter 1-27.

    The State of South Dakota state, any political subdivision of the state, and any quasi-governmental organization created by South Dakota state law or an executive order of the State of South Dakota state and any subsidiary of such that organization is exempt from the requirements of this chapter. Any nonprofit corporation formed pursuant to the provisions of chapter 47-22; any nonprofit United States Treasury Community Development Financial Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to the provisions of § 9-12-11 or 9-27-37 is subject to this chapter but exempt from initial license fees, renewal fees, and surety bond requirements pursuant to the provisions of this chapter.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\208.wpd



FIDUCIARIES AND TRUSTS

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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\209.wpd
CHAPTER 209

(SB 51)

Trust provisions 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 § 55-3-16 be amended to read:

    55-3-16. The office of a trustee is vacated:

            (1)    By his its death; or

            (2)    By his its discharge; or

            (3)    By its resignation.

    Section 2. That chapter 55-3 be amended by adding a NEW SECTION to read:

    In addition to the provisions included in the governing instrument, a fiduciary may resign:

            (1)    In the case of a revocable trust:

            (a)    Without court approval upon at least thirty days' notice to the settlor, all fiduciaries, all designated successors to the resigning fiduciary's office and all those who have authority to appoint a successor to replace the resigning fiduciary; or

            (b)    With court approval;

            (2)     In the case of an irrevocable trust:

            (a)    Without court approval upon at least thirty days' notice to the settlor, if living, all fiduciaries, all designated successors to the resigning fiduciary's office, all those who have authority to appoint a successor to replace the resigning fiduciary and to those qualified beneficiaries who are known to the resigning fiduciary other than those who are restricted from receiving notice or have elected not to receive notice pursuant to the governing instrument, § 55-2-13 or chapter 55-18; or

            (b)    With court approval.

    In approving a resignation under subdivision (1)(b) or (2)(b), the court may issue orders and impose conditions reasonably necessary for the protection of the trust property.

    Any liability of a resigning fiduciary or of any sureties on the fiduciary's bond for its acts or omissions is not discharged or affected by the fiduciary's resignation unless the court orders

otherwise.

    Following resignation, a successor fiduciary may be appointed pursuant to the terms set forth in the governing instrument or under § 21-22-12.

    Nothing in this section may be construed to be the exclusive means of resignation by a fiduciary.

    Section 3. That § 21-22-12 be amended to read:

    21-22-12. In case of the death, resignation, or removal of the vacancy of the office of trustee, unless the instrument creating the trust names the successor, such or allows the resigning trustee or another person to appoint its successor, the successor shall be appointed by the court upon hearing and notice as provided in this chapter. In case of necessity the court may appoint a temporary trustee pending a permanent appointment.

    If the office of trustee remains vacant for more than thirty days, then any resigned trustee in possession of trust property may petition the court for the appointment of a successor trustee. If no successor trustee can be secured within ninety days following a hearing held of the resigned trustee's petition, the resigned trustee shall deliver the trust property within its possession to any other fiduciary or other persons, as ordered by the court.

    The resigned trustee shall be held harmless from any liability, absent the resigned trustee's

gross negligence or willful misconduct, for any action taken pursuant to this section.

    The resigned trustee is entitled to reimbursement for advances it has made on behalf of the trust and for reasonable compensation for the performance of its duties as trustee. Such advances and compensation shall act as a lien on trust assets under § 55-1A-34.

    Following a trustee's resignation, the resigned trustee shall be deemed to be serving only as

a custodian of the documents and assets of the trust then in its possession and shall be relieved of its fiduciary and administrative duties under the terms of the trust instrument and pursuant to state law. The resigned trustee is entitled to reimbursement for advances it has made on behalf of the trust and for reasonable compensation as a custodian. Such advances and compensation shall act as a lien on trust assets under § 55-1A-34.

    The relief afforded to the trustee under this section does not limit other relief that may be

requested or authorized under this chapter.

    Section 4. That § 55-1A-41 be amended to read:

    55-1A-41. Unless specifically restricted by the governing instrument, a trustee may appoint an individual or a corporate fiduciary as a co-trustee. The appointed co-trustee may serve only as long as the appointing trustee serves, or as long as the last to serve if more than one trustee appointed the co-trustee. The appointed co-trustee may not become a successor trustee upon the death, resignation, or incapacity of the appointing trustee, unless appointed under the terms of the governing instrument or unless no other successor trustee, or method for appointing a successor trustee, is provided in the governing instrument.

    The powers and the responsibilities of the appointed co-trustee may be limited by the appointing trustee in a writing signed by the appointing trustee at the time of the appointment. If the powers or responsibilities are so limited, the powers or responsibilities of the co-trustee shall be limited as set forth in writing. Unless the powers or responsibilities are so limited, the appointed co-trustee may exercise all the powers of the appointing trustee. The combined powers of the appointed co-trustee

and the appointing trustee may not exceed the powers of the appointing trustee alone. The trustee appointing a co-trustee may, in writing, revoke the appointment at any time, with or without cause.

    If the governing instrument is silent concerning the trustee's power to appoint a co-trustee, the trustee shall notify in writing, the trustor, if living, and all current income and principal beneficiaries at least thirty days prior to the effective date of the trustee's exercise of the power granted under this section and § 55-2-15. The notice, which shall include a copy of the proposed action, shall advise the trustor and current beneficiaries that if they object to the trustee's appointment they need to file a written objection with the trustee prior to the effective date set out in the notice of the proposed action. If an objection is received by the trustee, prior to the effective date of the appointment, the trustee may not appoint a co-trustee. However, this section does not limit the power of the trustee under law to petition the court for approval of the appointment. If no objection has been timely made, the proposed appointment shall go into effect on the later of the date set out in the notice or thirty days after notice has been given. The notice shall be mailed, postage prepaid, to the last known address of the trustor or current beneficiary.

    The provisions of this section are effective for trusts created before, on, or after July 1, 2017, except as otherwise directed by the trustor, trust protector, trust advisor, or other fiduciary designated by the terms of the trust.

    Section 5. That § 55-3-6 be amended to read:

    55-3-6. If the declaration of trust reserves a power of revocation to the trustor, the trust may be revoked if the power is strictly pursued. Unless the terms of a trust expressly reserve a power to the settlor to revoke or modify a trust, a trust shall be irrevocable.

    Section 6. That § 55-3-24 be amended to read:

    55-3-24. An irrevocable trust may be modified or terminated upon the consent of all of the beneficiaries if continuance of the trust on its existing terms is not necessary to carry out a material purpose. Whether or not continuance of the trust on its existing terms is necessary to carry out a material purpose, an irrevocable trust may be modified or terminated upon the consent of the trustor and all of the beneficiaries. Upon termination of a trust under this section, the trustee shall distribute the trust property in accordance with the trustor's probable intention or in any other manner as agreed by all the beneficiaries. No person may be required to seek court affirmation of the trust's modification or termination made pursuant to this section. The provisions of chapter 55-18 apply to this section.

    Thirty days prior to the effective date of a modification or termination of a trust under this section, the trustor or beneficiaries shall provide notice in writing of the modification or termination, including a copy of the modification or termination, to all fiduciaries as defined in § 21-22-1(3) serving as of the date of the notice. The modification or termination shall be effective no earlier than thirty days after the notice is given, unless the notice is waived.

    Section 7. That § 55-4-51.1 be amended to read:

    55-4-51.1. A certificate of trust executed under § 55-4-51 may be recorded in the office of the register of deeds with respect to land described in the certificate of trust or any attachment to it. If it is recorded or filed in any county where real property is situated, or in the case of personal property, if it is presented to a third party, the certificate of trust serves to document the existence of the trust, the identity of the trustees, the powers of the trustees, and any limitations on those powers, and other matters the certificate of trust sets out, as though the full trust instrument had been recorded, filed, or presented. Until amended or revoked, or until the full trust instrument or will is recorded, filed, or presented, a certificate of trust is conclusive proof as to the matters contained in it and any party may rely upon the certificate, except a party dealing directly with the trustee or trustees who have who has actual knowledge of the facts to the contrary.



    Section 8. That § 55-16-5 be amended to read:

    55-16-5. Any individual person may serve as an investment trust advisor described in subdivision 55-1B-1(6), notwithstanding that such individual the person is the transferor of the qualified disposition, but such an individual the person may not otherwise serve as a fiduciary of a trust that is a qualified disposition except with respect to the retention of the veto right permitted by subdivision 55-16-2(2). While serving as an advisor of the trust, the individual person may have all powers authorized by statute or by the trust instrument, including the power to vote by proxy any stock owned by the trust.

    Section 9. That § 55-18-1 be amended to read:

    55-18-1. Terms used in this chapter mean:

            (1)    "Bind" or "bound," to consent, receive notice or service of process, approve, agree, object, resist, waive, or demand for or as a person with the same binding and conclusive effective as if the person represented had;

            (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. A conflict of interest, however, excludes (i) any adversity, conflict or opposed interests substantially unrelated to the representative's interest in the trust; (ii) any past situation which is not likely to re-occur; and (iii) any conflict of interest which falls short of a material conflict of interest;

            (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 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," lacking the capacity to meaningfully understand the matter in question 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;

            (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 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 10. That § 55-18-21 be amended to read:

    55-18-21. Except as provided in subdivisions 55-18-9(5), (11) and (16) Without diminishing the powers of a trustee over the affairs of the trust or trust property, a trustee may not bind a beneficiary of the trustee's trust except as provided in subdivisions 55-18-9(5), (9), (11), and (16).

     Signed Febrary 14, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\209.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\210.wpd
CHAPTER 210

(SB 54)

Perpetual care cemeteries maintenance funds regulated.


        ENTITLED, An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.

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

    Section 1. That chapter 55-12 be amended by adding a NEW SECTION to read:

    The proceeds arising from the income transferred to the earnings fund pursuant to § 55-12-8 for the care and maintenance of the cemetery may only be used for protecting, preserving, improving, and embellishing the cemetery and its appurtenances; preserving and caring, and marking of abandoned or neglected graves; the repairing of monuments or gravestones; and may not be used for any other purpose.

    Section 2. That chapter 55-12 be amended by adding a NEW SECTION to read:

    If the attorney general has reason to believe that a perpetual care cemetery is not using the money in the earnings fund for the purposes listed in section 1 of this Act, the attorney general may investigate the use of the money in the earnings fund. The attorney general may execute in writing and may issue a subpoena upon any person who is believed to have information, documentary material, or physical evidence relevant to an alleged misuse of the money in the earnings fund. The subpoena shall require the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which the person has knowledge, or to appear and testify, or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as stated in the subpoena.

    Section 3. That chapter 55-12 be amended by adding a NEW SECTION to read:

    The attorney general may issue a subpoena under § 37-24-14 or an investigative demand under § 37-24-12 to any person and may conduct any hearing in aid of any investigation or inquiry. The attorney general may prescribe the forms governing:

            (1)    The conduct of investigations;

            (2)    When, what, and to whom information concerning the use of the earnings fund will be released; and

            (3)    The conditions under which assurances of voluntary compliance will be accepted.

    Section 4. That chapter 55-12 be amended by adding a NEW SECTION to read:

    If any person refuses to obey an investigative demand or subpoena, the attorney general may petition the circuit court to enforce compliance under § 37-24-17.

    Section 5. That chapter 55-12 be amended by adding a NEW SECTION to read:

    If the attorney general has reason to believe that any person is using the money in the earnings fund for purposes not related to the care and maintenance of the perpetual care cemetery, the attorney general may bring an action in the name of the state against the person to restrain by temporary or permanent injunction the use of the money in the earnings fund. The notice of the action shall state generally the relief sought and be served at least three days before any hearing in the action.

    Section 6. That chapter 55-12 be amended by adding a NEW SECTION to read:

    The court may make any additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, that the court finds to have been misused. Additional relief may include the appointment of a receiver whenever it appears to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his property to the damage of persons to whom restoration would be made under this Act.

    Section 7. That chapter 55-12 be amended by adding a NEW SECTION to read:

    If a receiver is appointed by the court, the receiver may collect, receive, and take into the receiver's possession all the goods and chattels, rights and credits, moneys and effects, land and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description. If any property has been commingled and the property cannot be identified because of the commingling, the receiver may sell, convey, and assign the property and hold and dispose of any proceeds under the direction of the court.

     Signed March 20, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\210.wpd

INSURANCE

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\211.wpd
CHAPTER 211

(SB 137)

Payment of claims for covered services
provided by a health care professional via telehealth.


        ENTITLED, An Act to provide for the payment of claims for covered services provided by a health care professional via telehealth.

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

    Section 1. That chapter 58-17 be amended by adding a NEW SECTION to read:

    Terms used in this Act mean:

            (1)    "Health care professional," as defined in § 58-17F-1;

            (2)    "Health care services," as defined in § 58-17F-1;

            (3)    "Health insurer," as defined in § 58-17-100;

            (4)    "Telehealth," the delivery of health care services through the use of HIPAA-compliant interactive audio-video. The term does not include the delivery of health care services through audio-only telephone, electronic mail message, text message, mail service, facsimile transmission, or any combination thereof.

    Section 2. That chapter 58-17 be amended by adding a NEW SECTION to read:

    No health insurer may exclude a service for coverage solely because the service is provided through telehealth and not provided through in-person consultation or contact between a health care professional and a patient. Health care services delivered by telehealth must be appropriate and delivered in accordance with applicable law and generally accepted health care practices and standards prevailing at the time the health care services are provided, including rules adopted by the appropriate professional licensing board having oversight of the health care professional providing the health care services. Health insurers are not required to provide coverage for health care services that are not medically necessary.

    This section does not:

            (1)    Prohibit a health insurer from establishing criteria that a health care professional must meet to demonstrate the safety and efficacy of delivering a particular health care service via telehealth that the health insurer does not already reimburse other health care professionals for delivering via telehealth so long as the criteria are not unduly burdensome or unreasonable for the particular services;

            (2)    Prevent a health insurer from requiring a health care professional to agree to certain documentation or billing practices designed to protect the health insurer or patients from fraudulent claims so long as the practices are not unduly burdensome or unreasonable for the particular services; or

            (3)    Prevent a health insurer from including a deductible, copayment, or coinsurance requirement for a health care service provided via telehealth, if the deductible, copayment, or coinsurance is not in addition to and does not exceed the deductible, copayment, or coinsurance applicable if the same services were provided through in-person contact.

    Section 3. That chapter 58-17 be amended by adding a NEW SECTION to read:

    A health insurance policy, contract, or plan providing for third-party payment may not discriminate between coverage benefits for health care services that are provided in person and the same health care services that are delivered through telehealth as long as the services are appropriate to be provided through telehealth. Nothing in this Act prohibits a health insurer and a health care professional from entering into a contract for telehealth with terms subject to negotiation.

    Section 4. That chapter 58-17 be amended by adding a NEW SECTION to read:

    The requirements of this Act apply to any health insurer offering any individual or group health insurance policy, contract, certificate, or plan delivered, issued for delivery, or renewed in South Dakota on or after January 1, 2020. The requirements of this Act do not apply to any plan, policy, or contract providing coverage only for:

            (1)    Specified disease;

            (2)    Hospital indemnity;

            (3)    Fixed indemnity;

            (4)    Accident-only;

            (5)    Credit accident and health insurance;

            (6)    Vision;

            (7)    Prescription drug;

            (8)    Medicare supplement;

            (9)    Long-term care;

            (10)    Disability income insurance;

            (11)    Coverage issued as a supplement to liability insurance;

            (12)    Workers' compensation or similar insurance;

            (13)    Automobile medical payment insurance; or

            (14)    Individual health benefit plans of six-months or less duration that are not renewable.

    The requirements of this Act do not apply to services offered that are not part of the policy, contract, certificate, or plan offered and for which there is no premium charged.

     Signed March 27, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\211.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\212.wpd
CHAPTER 212

(SB 37)

Association health plans requirements revised.


        ENTITLED, An Act to revise certain provisions regarding association health plans.

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

    Section 1. That § 58-18-3 be amended to read:

    58-18-3. Group health insurance may be under a policy issued to an a bona fide association of employers, including a labor union, which shall have that has a constitution and bylaws and which that has been organized and is maintained in good faith for purposes other than that of with at least one substantial business purpose unrelated to obtaining insurance, insuring members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. The term "employees" as used herein For the purposes of this section, the term, employees, may include retired employees, and the term, employers, includes working owners without employees who qualify as both an employer and employee.

    Section 2. That chapter 58-18 be amended by adding a NEW SECTION to read:

    A group health insurance policy may not be issued to an association under §§ 58-18-3 and 58-18-

4 that is formed, owned, or controlled by any of the following, other than to the extent the entities participate in the group or association in their capacity as employer members of the group or association:

            (1)    A health insurance issuer;

            (2)    A subsidiary or affiliate of a health insurance issuer;

            (3)    A health care organization or network provider that is part of the health care delivery system; or

            (4)    An insurance producer, broker, or consultant.

    Section 3. That chapter 58-18 be amended by adding a NEW SECTION to read:

    An employer member that participates in an association under §§ 58-18-3 and 58-18-4 shall participate in the association plan for a period of not less than three consecutive calendar years. Any contract issued to an association shall contain reasonable enforcement provisions including reasonable fees or assessments for early departure or for enrollment in another multiple employer plan during the early departure date.

    Section 4. That chapter 58-18 be amended by adding a NEW SECTION to read:

    An association plan based in this state or any other state shall follow all applicable South Dakota laws and administrative rules if the association plan covers South Dakota residents.

    Section 5. That chapter 58-18 be amended by adding a NEW SECTION to read:

    A health insurer offering a fully insured health benefit plan through an association shall:

            (1)    Guarantee acceptance of all eligible individuals under the employer members' association or fully insured multiple employer arrangement and, if coverage is offered to spouses and dependents, to all of the spouses and dependents;

            (2)    Provide a bronze health plan that has an actuarial value of sixty percent;

            (3)    Comply with all applicable state mandates; and

            (4)    Have premium rates that meet a minimum loss ratio of eighty-five percent.

    Section 6. That § 58-18-88 be amended to read:

    58-18-88. A self-funded multiple employer trust, as defined in section 3 of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002, paragraph 40, that is sponsored by an association, may be authorized by the director if the multiple employer trust meets all of the following conditions:

            (1)    The multiple employer trust is administered by an authorized insurer or a licensed or registered third-party administrator;

            (2)    The multiple employer trust meets all of the requirements of § 58-18B-59 is sponsored and maintained by a bona fide association of employers eligible to procure coverage under §§ 58-18-3 and 58-18-4;

            (3)    The association sponsoring the multiple employer trust is established by employers in a homogenous trade, industry, line of business, or professional association of employers

that profession with commonality of interest. The association has a constitution or bylaws, and is organized under the laws of South Dakota and has been maintained in good faith for purposes other than providing insurance for at least ten continuous years;

            (4)    The association sponsoring the multiple employer trust is engaged in has a substantial activity for its members business purpose other than sponsorship of an employer welfare benefit plan;

            (5)    The association sponsoring the multiple employer trust is a nonprofit entity organized under applicable South Dakota law;

            (6)    The multiple employer trust, upon authorization by the director, participates in the South Dakota Life and Health Insurance Guaranty Association pursuant to chapter 58-29C and is a member pursuant to subdivision 58-29C-48(12) trust's board of trustees shall assess participating employers in an amount necessary to remedy deficiencies at any time the assets and stop loss insurance policies of the multiple employer trust are insufficient to:

            (a)    Pay claims made against the multiple employer trust;

            (b)    Discharge liabilities and obligations relating to health benefit plan claims; or

            (c)    Maintain adequate reserves and surpluses;

            (7)    The multiple employer trust:

            (a)    Meets the capital and surplus requirements of § 58-6-23;

            (b)    Meets the risk based capital requirements of § 58-4-48;

            (c)    Is subject to the hazardous financial condition requirements of §§ 58-4-39 to 58-4-42, inclusive;

            (d)    Invests its assets pursuant to the requirements of chapters 58-26 and 58-27;

            (e)    Is subject to chapter 58-3 on the same basis as insurers;

            (f)    Is subject to the insurers supervision, rehabilitation, and liquidation provisions of chapter 58-29B;

            (g)    Maintains a minimum loss ratio of eighty-five percent or be community rated; and

            (h)    Complies with all coverage mandates that are applicable to group health insurance under this title;

            (8)    Each sponsoring association is comprised of and controlled by employer members, consists of five hundred or more covered employees, and has been in existence for a period of three continuous years;

            (9)    Any solicitation or sales materials to prospective members discloses the provisions regarding fees and assessments for participation in the multiple employer trust; and

            (10)    The director, after consideration of the impact on the insurance-buying public, determines that the arrangement is in the best interests of the public.

The director may authorize a multiple employer trust that is not an association meeting the requirements of subdivisions (2) to (5), inclusive, of this section, if the multiple employer trust is

comprised exclusively of employers engaged in a common industry for which there is some degree of common ownership, the ownership of two or more participating employers has existed since July 1, 2007, the employers forming the trust were previously providing health benefits collectively to their employees in this state, and the director finds that authorizing the multiple employer trust pursuant to this section is in the public interest.

    Section 7. That chapter 58-18 be amended by adding a NEW SECTION to read:

    An association not formed in this state may request a waiver of subdivisions 58-18-88(3) and (5) regarding organization in South Dakota to sponsor a multiple employer trust in this state if the association provides sufficient evidence a waiver is in the best interests of the insurance-buying public. An association not formed in this state shall be in full compliance with the laws of all states where the association does business.

    Section 8. That § 58-18-90 be amended to read:

    58-18-90. Except as otherwise provided in §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59, a this chapter, an authorized multiple employer trust organized pursuant to §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59 may not be deemed determined to be or considered to be an insurance company or association of any kind or character under Title 58 this title, or subject to the provisions of §§ 58-8-6 to 58-8-19, inclusive.

    Section 9. That § 58-18-91 be amended to read:

    58-18-91. A multiple employer trust authorized by §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59 under this chapter may have its authorization suspended or revoked by the director for violating any applicable provision of §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59 or because its capital is impaired, and in either instance the this title. The director may take action in lieu of suspension or revocation as though the trust were an insurer as provided by § 58-4-28.1.

    Section 10. That § 58-18-93 be amended to read:

    58-18-93. No agent may sell, solicit, or negotiate a self-funded multiple employer trust authorized by §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59 under this chapter unless the agent is licensed to sell life and health insurance pursuant to chapter 58-30.

    Section 11. That § 58-18-94 be amended to read:

    58-18-94. The provisions of §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59 this chapter regarding multiple employer trusts do not apply to any single employer self-funded plan as preempted by Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1144 or any arrangement exempted pursuant to § 1-24-17. A An authorized self-funded multiple employer trust authorized by §§ 58-18-88 to 58-18-94, inclusive, and § 58-18B-59 may include as participating employers both small employers and large employers.

    Section 12. That § 58-18B-59 be repealed.

     Signed Febrary 14, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\212.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\213.wpd
CHAPTER 213

(HB 1137)

Pharmacy benefit managers regulated.


        ENTITLED, An Act to revise certain provisions regarding pharmacy benefit managers.

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:

    No pharmacy benefit manager shall contractually require a pharmacy, who is a participating provider in a health plan provided by a covered entity, to charge or collect from an insured a cost share for a prescription or pharmacy service that exceeds the amount retained by the pharmacist or pharmacy from all payment sources for the filling of the prescription or providing the pharmacy service.

    Section 2. That chapter 58-29E be amended by adding a NEW SECTION to read:

    No pharmacy benefit manager contracting with a covered entity shall retroactively adjust a claim for reimbursement submitted by a pharmacy for a prescription drug unless the adjustment is a result of either of the following:

            (1)    A pharmacy audit conducted in accordance with chapter 58-29F; or

            (2)    A technical billing error.

    Section 3. That chapter 58-29E be amended by adding a NEW SECTION to read:

    Nothing in this Act shall prohibit a pharmacy benefit manager from adjusting claim payment for the benefit of a covered individual if there was an error in the adjudication of a claim submitted by or on behalf of the covered individual.

    Section 4. That chapter 58-29E be amended by adding a NEW SECTION to read:

    No pharmacy benefit manager may discriminate against a pharmacy participating in a health plan as an entity authorized to participate under section 340B of the Public Health Service Act, as amended to January 1, 2019, or any pharmacy under contract with such an entity to provide prescriptions. For the purposes of this chapter, a retail pharmacy is any pharmacy licensed under the laws of this state, and no pharmacy benefit manager may, by contract, modify that definition.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\213.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\214.wpd
CHAPTER 214

(HB 1219)

Surplus line insurance revisions.


        ENTITLED, An Act to revise certain provisions regarding surplus line insurance.

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

    Section 1. That § 58-32-4 be amended to read:

    58-32-4. The provisions of this chapter do not apply to life and health insurance, annuities, or reinsurance, except that this. This section does not prohibit the procurement of disability coverage otherwise complying with the export requirements of this chapter for:

            (1)    Disability insurance that has a benefit limit in excess of any benefit limit available from an admitted insurer; or

            (2)    Health insurance for an individual traveling or temporarily living outside the United States for health care costs incurred abroad.

     Signed March 27, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\214.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\215.wpd
CHAPTER 215

(HB 1053)

The gift value changed
for insurance advertising or promotional programs.


        ENTITLED, An Act to revise the value of gifts permitted for certain insurance advertising or promotional programs.

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

    Section 1. That § 58-33-74 be amended to read:

    58-33-74. Nothing in this chapter prohibits a licensed insurer or its officers or employees or an insurance producer from giving to insureds, prospective insureds, or others for advertising purposes or promotional programs, any article of merchandise having an invoice value of not more than twenty-five one hundred dollars.

     Signed March 18, 2019
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End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\215.wpd



UNEMPLOYMENT COMPENSATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\216.wpd
CHAPTER 216

(HB 1035)

The unemployment insurance program
renamed the reemployment assistance program.


        ENTITLED, An Act to rename the unemployment insurance program to the reemployment assistance program.

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

    Section 1. That § 61-1-1 be amended to read:

    61-1-1. Terms used in this title mean:

            (1)    "Annual payroll," the total amount of taxable wages paid by an employer during a calendar year for employment;

            (2)    "Base period," the first four out of the last five completed calendar quarters immediately preceding an individual's benefit year. For an individual who fails to meet the qualifications of § 61-6-4 due to the receipt of temporary total disability payments under worker's compensation, the base period is the first four of the last five completed quarters preceding the disability if a claim for unemployment reemployment assistance benefits is filed within twenty-four months of the date on which the individual's disability was incurred. For an individual who fails to meet the minimum requirements of § 61-6-4 due to insufficient wages, the base period is the four completed calendar quarters immediately preceding the individual's benefit year. However, no calendar quarter used in one base period of a valid claim may be used in a subsequent base period;

            (3)    "Benefit year," the one-year period beginning with the day on which a claimant files a valid new claim for benefits, or the one-year period beginning with the day on which a claimant files a valid new claim after the termination of his last preceding benefit year;

            (4)    "Benefits," the money payments payable to an unemployed individual, as provided in this title;

            (5)    "Calendar quarter," the period of three consecutive calendar months ending on March thirty-first, June thirtieth, September thirtieth, or December thirty-first;

            (6)    "Contributions," the money payments to the state unemployment compensation fund required by this title to finance reemployment assistance benefits;

            (7)    "Department," the Department of Labor and Regulation created by chapter 1-37;

            (8)    "Educational service agency," a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing services to one or more educational institutions;

            (9)    "Employment office," a free public employment office, or branch thereof, operated by this state or maintained as part of a state or federal controlled system of public employment offices;

            (10)    "Employment security administration fund," the employment security administration fund established by this title;

            (11)    "Extended benefits," the benefits that are provided in §§ 61-6-49 to 61-6-66, inclusive;

            (12)    "Fund," the unemployment compensation fund established by this title;

            (13)    "Hospital," an institution which has been licensed, certified or approved by the State Department of Health as a hospital;

            (14)    "Institution of higher education," an educational institution which:

            (a)    Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; and

            (b)    Is legally authorized in this state to provide a program of education beyond high school; and

            (c)    Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such a degree, provides an educational program of postgraduate or postdoctoral studies, or provides an educational program of training to prepare students for gainful employment in a recognized occupation; and

            (d)    Is a public or other nonprofit institution.

                Notwithstanding any of the foregoing provisions of this subdivision, all colleges and universities in this state are "institutions of higher education";

            (15)    "Insured work," employment for employers as defined in §§ 61-1-4 to 61-1-45, inclusive;

            (16)    "State," a state of the United States of America and the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands;

            (17)    "Wages," all remuneration paid for services, including commissions and bonuses. The term does not include remuneration described by §§ 61-1-46 to 61-1-50, inclusive. The term includes tips and other remuneration upon which a tax is imposed by the Federal Unemployment Tax Act and the reasonable cash value of remuneration paid in any medium other than cash determined in accordance with rules promulgated pursuant to chapter 1-26 by the secretary of labor and regulation;

            (18)    "Week," the period or periods of seven consecutive calendar days ending at midnight. The secretary of labor and regulation may promulgate rules pursuant to chapter 1-26 to prescribe that a week is in, within or during that benefit year which includes the greater part. For the purpose of § 61-1-4, if a week includes both December thirty-first and January first, the days of that week up to January first shall be considered one calendar week and the days beginning January first another week;

            (19)    "Weekly benefit amount," the amount of benefits an individual is entitled to receive for one week of total unemployment. An individual's weekly benefit amount determined for the first week of his benefit year shall constitute his weekly benefit amount throughout the benefit year;

            (20)    "Reemployment assistance," the cash benefits payable to an individual with respect to the individual's unemployment pursuant to the provisions of this title. When applicable, the term also means cash benefits payable to an individual with respect to the individual's unemployment pursuant to 5 U.S.C. §§ 8501-8525, 26 U.S.C. §§ 3301-3311, 42 U.S.C. §§ 504-504, 1101-1110, and 1321-1324, or pursuant to state laws which have been certified pursuant to 26 U.S.C. § 3304 and 42 U.S.C. § 503. Any reference to reemployment assistance means compensation payable from an unemployment fund as defined in section 3306(f) of the Federal Internal Revenue Code as amended to January 1, 2019.

    Section 2. That § 61-1-14 be amended to read:

    61-1-14. The governing body of any political subdivision may establish an unemployment insurance compensation fund. Expenditures from the fund shall be made only for payment of reemployment assistance or unemployment insurance claims pursuant to the Federal Unemployment Insurance Act of 1939 as amended on January 1, 2005, and state law. Notwithstanding the provisions of §§ 7-21-25 and 9-21-9, expenditures from the fund may be made without specific appropriations authority.

    Section 3. That § 61-1-30 be amended to read:

    61-1-30. The term, employment, includes an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if:

            (1)    Such The service is not covered under the reemployment assistance or unemployment compensation law of any other state, the Virgin Islands, or Canada; and

            (2)    The place from which the service is directed or controlled is in this state.

    Section 4. That § 61-1-32 be amended to read:

    61-1-32. As used in this title, the term ", employment", does not include service with respect to which reemployment assistance or unemployment compensation is payable under an unemployment compensation system established by an act of Congress. However, the Department of Labor and Regulation shall enter into agreements with the proper agencies under any such act of Congress, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this title, acquired rights to reemployment assistance or unemployment compensation under an act of Congress, or who have, after acquiring potential rights to unemployment compensation under such an act of Congress, acquired rights to benefits under this title.

    Section 5. That § 61-1-37 be amended to read:

    61-1-37. As used in this title, the term, employment, does not include:

            (1)    Service performed during a calendar quarter in the employ of an organization exempt from income tax under section 501(a)(other than an organization described in 401(a)) or under section 521 of the Federal Internal Revenue Code, if the remuneration for such services does not exceed fifty dollars; or

            (2)    Service performed in the employ of a school, college or university:

            (a)    By a student who is enrolled and is regularly attending classes at the school, college, or university, or

            (b)    By the spouse of a student, if the spouse is advised, at the time the spouse commences to perform the service, that this employment is included under a

program to provide financial assistance to the student by the school, college or university, and that employment is not covered by any program of reemployment assistance or unemployment insurance, or

            (3)    Service performed by an individual who is enrolled for credit at a nonprofit or public educational institution, which maintains a regular faculty and curriculum and has a regularly organized body of students in attendance at the place where its educational activities are carried on, as a student in a full-time program, which combines academic instruction with work experience, if the service is an integral part of that program and if the institution has so certified to the employer. This subdivision does not apply to service performed in a program established for or on behalf of an employer or group of employers.

    Section 6. That § 61-1-46 be amended to read:

    61-1-46. As used in this title, the term, wages, means remuneration paid in a calendar year to an employee by an employer or the employer's predecessor for employment during any calendar year. The term includes remuneration in addition to the wages defined in this section which are subject to a federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund.

    The term, wages, does not include remuneration of more than:

            (1)    Seven thousand dollars, from January 1, 1983, to December 31, 2006, inclusive;

            (2)    Eight thousand five hundred dollars, from January 1, 2007, to December 31, 2007, inclusive;

            (3)    Nine thousand dollars, from January 1, 2008, to December 31, 2008, inclusive;

            (4)    Nine thousand five hundred dollars, from January 1, 2009, to December 31, 2009, inclusive;

            (5)    Ten thousand dollars, from January 1, 2010, to December 31, 2010, inclusive;

            (6)    Eleven thousand dollars, from January 1, 2011, to December 31, 2011, inclusive;

            (7)    Twelve thousand dollars, from January 1, 2012, to December 31, 2012, inclusive;

            (8)    Thirteen thousand dollars, from January 1, 2013, to December 31, 2013, inclusive;

            (9)    Fourteen thousand dollars, from January 1, 2014, to December 31, 2014, inclusive; and

            (10)    Fifteen thousand dollars, on and after January 1, 2015.

    In this section, the term, employment, includes service constituting employment under any reemployment assistance or unemployment compensation law of another state.

    Section 7. That § 61-2-7.1 be amended to read:

    61-2-7.1. The Governor shall appoint from a list submitted by the department a state unemployment insurance reemployment assistance advisory council, composed of men and women, including an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations, and of such any members representing the general public as the department may designate. Such The council shall aid the department in reviewing the unemployment insurance reemployment assistance program as

to its the program's content, adequacy and effectiveness and to make recommendations for its improvement. The advisory council shall meet as frequently as the department deems determines is necessary, but not less than twice each year. The advisory council shall make reports of its meetings which shall include a record of its discussions and its recommendations. The department shall make such the reports available to any interested persons or groups.

    Section 8. That § 61-2-7.2 be amended to read:

    61-2-7.2. The unemployment insurance reemployment assistance advisory council shall be administered under the direction and supervision of the Department of Labor and Regulation and the secretary thereof, but shall retain the respective quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in them the council and shall exercise those functions independently of the secretary of labor and regulation.

    Section 9. That § 61-2-8 be amended to read:

    61-2-8. The unemployment insurance reemployment assistance advisory council appointed pursuant to § 61-2-7.1 shall meet on call of the department and shall aid the department in formulating policies and discussing problems relating to the administration of this title and in assuring impartiality and freedom from political influence in the solution of such problems.

    Section 10. That § 61-2-19 be amended to read:

    61-2-19. If, in the judgment of the secretary of labor and regulation, the interests of the Department of Labor and Regulation established by this title are involved in any proposed or pending change in federal law or administrative policy pertaining to the program, the secretary may represent these interests to the delegation of this state in the federal Congress. The secretary may co-operate with the other state labor agencies through any association of such state agencies which has been or may hereafter be organized, when the interests of the states generally in their reemployment assistance or unemployment compensation program are similarly involved.

    Section 11. That § 61-3-18 be amended to read:

    61-3-18. The department shall promulgate rules pursuant to chapter 1-26 necessary to secure to this state and its citizens all advantages available under the provisions of the Social Security Act that relate to reemployment assistance or unemployment compensation, the Federal Unemployment Tax Act, the Wagner-Peyser Act, and the Federal-State Extended Unemployment Compensation Act of 1970.

    Section 12. That § 61-3-19 be amended to read:

    61-3-19. The department shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this title with the individual's wages and employment covered under the reemployment assistance or unemployment compensation laws of other states which are approved by the United States secretary of labor in consultation with the state reemployment assistance or unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such the situations and which include provisions for applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state reemployment assistance or unemployment compensation laws, and avoiding the duplicate use of wages and employment by reason of such combining.

    Section 13. That § 61-5-39 be amended to read:

    61-5-39. Each employer's experience-rating account shall be charged with all benefits chargeable, as provided in this title, except extended benefits paid as provided in §§ 61-6-49 to 61-6-66,

inclusive, against wages paid for employment by the employer. However, no benefits paid on the basis of a period of employment may be charged to the experience-rating account of any employer, except as provided in § 61-5-41, if the claimant:

            (1)    Voluntarily separated without good cause attributable to the employer or the employment;

            (2)    Was discharged or suspended for misconduct connected with the employment, or for conduct mandated by religious belief which belief cannot be reasonably accommodated by the employer;

            (3)    Was discharged or suspended for inability or incompetence to successfully complete a ninety-day probationary period established between the employer and employee at the time of employment;

            (4)    Earned total base period wages of less than one hundred dollars with one employer;

            (5)    Is receiving benefits while in approved training authorized by § 61-6-21;

            (6)    Performed services while incarcerated in a custodial or penal institution and terminated such employment because of his transfer or release from the institution;

            (7)    Received benefits for unemployment directly caused by a major natural disaster declared by the president pursuant to section 410(a) of the Robert T. Stafford Disaster Relief and Employment Assistance Act, 42 U.S.C. § 5177, if the individual would have been eligible for disaster unemployment assistance with respect to that unemployment but for their the receipt of reemployment assistance or unemployment insurance benefits;

            (8)    Received benefits for unemployment resulting directly from the reinstatement of another employee upon that employee's completion of service in the uniformed services as provided in 38 U.S.C. § 4303(13) as of January 1, 2005, or the completion of state active duty by members of the National Guard who are activated pursuant to a call from the Governor as provided by law; or

            (9)    Voluntarily separated to accompany a spouse who was reassigned from one military assignment to another.

    However, no relief of charges applies if the department determines that an erroneous payment has been made because the employer, or an agent of the employer, was at fault for failing to respond timely or adequately to the department's request for information relating to the payment of benefits. For the purposes of this section, an erroneous payment is a payment that would not have been made but for the failure of the employer or the employer's agent to fully respond to the department's request pursuant to § 61-7-5.

    Section 14. That § 61-5-67 be amended to read:

    61-5-67. Any state of the United States of America shall have the right to may sue in the courts of South Dakota to recover any tax which may be owing to it for reemployment assistance or unemployment insurance contributions when the like right is accorded to the state of South Dakota by such that state, whether such the right is granted by a statutory authority, or as a matter of comity.

    Section 15. That § 61-6-20 be amended to read:

    61-6-20. A person attending a high school, vocational school, college or university is considered principally occupied as a student if school attendance substantially reduces the opportunity for reemployment. A person who is principally occupied as a student is not entitled to may not receive unemployment insurance reemployment assistance benefits.



    Section 16. That § 61-6-37 be amended to read:

    61-6-37. An individual is not entitled to any benefits for any week with respect to which or a part of which the individual has received or is seeking unemployment benefits reemployment assistance under an a reemployment assistance or unemployment compensation law of another state or of the United States. However, if the appropriate agency of such the other state or of the United States finally determines that the individual is not entitled to the unemployment reemployment assistance benefits, this disqualification does not apply.

    Section 17. That § 61-6-38 be amended to read:

    61-6-38. It is unlawful for any person to make a false statement or representation knowing it to be false or knowingly fail to disclose a material fact to obtain or increase any benefits or other payments under this title, or under an unemployment insurance law of another state, of the federal government, or of a foreign government, either for himself, herself the person, or any other person, or knowingly fail to report any change in circumstances which would affect the person's eligibility for unemployment reemployment assistance benefits or payments.

    Section 18. That § 61-6-43 be amended to read:

    61-6-43. If an agency administering another reemployment assistance or unemployment compensation law in another state has overpaid benefits to an individual located in South Dakota, the Department of Labor and Regulation may, in its own name and acting as agent for such other agency, collect the overpayment by civil action and pay the net amount recovered to such the agency in the manner provided in §§ 61-5-59 to 61-5-66, inclusive. If benefits are currently payable to such the individual, the department may, with notice to the individual, pay as much of such the benefits to such the agency as are necessary to satisfy the individual's indebtedness to such the agency.

    Section 19. That § 61-6-48 be amended to read:

    61-6-48. Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this title is void except as provided in this section. The rights to benefits are exempt from levy, execution, attachment, or any other remedy provided for the collection of debt. Any benefits received by any individual, so long as the benefits are not mingled with other funds of the recipient, are exempt from any remedy for the collection of all debts, except debts incurred for necessaries furnished to the individual, the individual's spouse, or dependents during the time when the individual was unemployed. Any waiver not provided for in this section is void.

    The secretary of the Department of Labor and Regulation shall furnish information on individuals receiving unemployment insurance reemployment assistance benefits to the Department of Social Services in accordance with section 303(e) of the Social Security Act as amended by section 2333(b) of P. L. 97-5--August 13, 1981. The secretary may also furnish this information in accordance with section 13 of the Food Stamp Act of 1977 as amended by section 1535 of P.L. 99-198. The Department of Social Services determines periodically whether any of these individuals receiving unemployment insurance reemployment assistance owe child support obligations or an uncollected overissuance of food stamp coupons.

    Each new applicant filing for unemployment insurance reemployment assistance benefits shall disclose any obligation for child support payments in accordance with section 454(19) of the Social Security Act as amended by section 101(a) of P.L. 93-647, and may be required to disclose any obligation for uncollected overissuances (as defined in section 13(c)(1) of the Food Stamp Act of 1977) of food stamp coupons, to the Department of Labor and Regulation at the time of filing. If an individual disclosing child support obligations is eligible for unemployment insurance reemployment assistance benefits, the secretary shall notify the Department of Social Services.

    The secretary shall deduct from an eligible individual's unemployment insurance reemployment assistance benefit payment and pay to the secretary of the Department of Social Services:

            (1)    The amount determined by agreement between the individual and the Department of Labor and Regulation; or

            (2)    The amount determined by agreement between the individual and the Department of Social Services; or

            (3)    The amount determined by the Department of Social Services through legal processes.

    If an individual disclosing an uncollected overissuance of food stamp coupons is eligible for unemployment insurance reemployment assistance benefits, the secretary may notify the Department of Social Services. The secretary may also deduct from an eligible individual's unemployment insurance reemployment assistance benefit payment, and pay to the secretary of the Department of Social Services, the amount determined by subdivisions (1) to (3), inclusive, of this section.

    The secretary of the Department of Social Services shall reimburse the Department of Labor and Regulation for administrative costs incurred by the Department of Labor and Regulation attributable to child support payment obligations and food stamp overissuance obligations being enforced by the Department of Social Services.

    Section 20. That subdivision (7) of § 61-6-49 be amended to read:

            (7)    "State law," the reemployment assistance or unemployment insurance law of any state, approved by the United States secretary of labor under section 3304 of the Internal Revenue Code of 1954.

    Section 21. That § 61-6-58 be amended to read:

    61-6-58. The term, exhaustee, under the provisions of §§ 61-6-49 to 61-6-63, inclusive, includes an individual who, with respect to any week of unemployment in the individual's eligibility period:

            (1)    The individual's benefit year having ended prior to such that week, has insufficient wages or employment, or both, on the basis of which the individual could establish in any state a new benefit year that would include the week, or having established a new benefit year that includes the week, the individual is precluded from receiving regular benefits by reason of the provision in § 61-6-36, which meets the requirement of section 3304 (a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other state law; and

            (2)    Has no right for the week to reemployment assistance or unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, and such other federal laws as are specified in regulations issued by the United States secretary of labor; and

            (3)    Has not received and is not seeking for the week unemployment benefits reemployment assistance under the unemployment compensation law of the Virgin Islands or Canada, unless the appropriate agency finally determines that the individual is not entitled to unemployment benefits reemployment assistance under the law for the week.

    Section 22. That § 61-6-67 be amended to read:

    61-6-67. Any person filing a new claim for unemployment compensation reemployment assistance shall, at the time of filing the claim, be advised that:

            (1)    Unemployment compensation Reemployment assistance is subject to federal income tax;

            (2)    Requirements exist pertaining to estimated tax payments;

            (3)    The person may elect to have federal income tax deducted and withheld from the person's payment of unemployment compensation reemployment assistance at the amount specified in the Federal Internal Revenue Code; and

            (4)    The person may change a previously elected withholding status.

    Amounts deducted and withheld from unemployment compensation reemployment assistance shall remain in the unemployment fund until transferred to the federal taxing authority as a payment of income tax. The secretary shall follow all procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deduction and withholding of income tax. Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation reemployment assistance, child support obligations, food stamp over-issuances, or any other amounts required to be deducted and withheld under this title.

    Section 23. That § 1-37-4 be amended to read:

    1-37-4. The Department of Labor and Regulation shall, under the direction and control of the secretary of labor and regulation, perform all administrative functions except special budgetary functions (as defined in § 1-32-1) of the following advisory councils:

            (1)    The state workers' compensation advisory council; and

            (2)    The unemployment insurance reemployment assistance advisory council.

    Section 24. That subdivision (7) of § 10-6A-1 be amended to read:

            (7)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as defined by § 10-1-47, and IRA disbursements, the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans disability pensions, all payments received under the federal social security and state reemployment assistance or unemployment insurance laws, nontaxable interest, life insurance proceeds that exceed twenty thousand dollars, any gift or inheritance that exceeds five hundred dollars, proceeds from a court action, any sale of a personal item that exceeds five hundred dollars, foster care income, and workers' compensation;

    Section 25. That subdivision (5) of § 10-6B-1 be amended to read:

            (5)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as defined by § 10-1-47, and all nontaxable income, including the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash, public assistance and relief, not including relief granted under this chapter, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability pensions, all payments received under the federal social security and state reemployment assistance or unemployment insurance laws, nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of "loss of time" insurance, but not including gifts from nongovernmental sources, food stamps, or surplus foods or other relief in kind provided by a public agency less real estate taxes payable on the applicant's principal residence for the year in which application is made;

    Section 26. That subdivision (6) of § 10-18A-1 be amended to read:

            (6)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as defined by § 10-1-47, and all nontaxable income, including the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief, not including relief granted under this chapter, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability pensions, all payments received under the federal social security and state reemployment assistance or unemployment insurance laws, nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of loss of time insurance, but not including gifts from nongovernmental sources, food stamps, or surplus foods, or other relief in kind provided by a public agency less real estate taxes payable on the applicant's principal residence for the year in which application is made. However, the reduction in the applicant's income for real estate taxes payable may not exceed four hundred dollars;

    Section 27. That subdivision (5) of § 10-45A-1 be amended to read:

            (5)    "Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as defined by § 10-1-47, and all nontaxable income, including the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief, not including relief granted under this chapter, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability pensions, all payments received under the federal social security and state reemployment assistance or unemployment insurance laws, nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of loss of time insurance, but not including gifts from nongovernmental sources, food stamps, or surplus foods, or other relief in kind provided by a public agency, less real estate taxes payable or ten percent of rent paid on the applicant's principal residence for the year in which application is made. However, the reduction in the individual's income may not exceed four hundred dollars;

    Section 28. That § 23A-28-11 be amended to read:

    23A-28-11. If the sentencing court orders suspended imposition of sentence, suspended sentence, or probation, the court may require as a condition that the defendant, in cooperation with the court services officer assigned to the defendant, promptly prepare a plan of community service restitution, including the number of work hours to be performed, where the community service work is to be performed, and the time necessary for completion of the community service work. The plan of community service restitution shall be submitted promptly to the court. The court may enter an order approving the plan or modifying it. Any defendant sentenced to community service restitution is not an agent or employee of the recipients of these services. Any recipient of community service restitution, described in subdivision § 23A-28-2(1), does not have to provide the defendant with unemployment compensation reemployment assistance insurance pursuant to Title 61 nor with workers' compensation insurance pursuant to Title 62. Recipients and their officers, agents, and employees are immune from any cause of action for civil damages brought by the defendant or any third party if the cause of action arises from any act of commission or omission by the recipient or any of its officers, agents, or employees or any act of commission or omission by the defendant and the acts arise out of or are in connection with a community service restitution plan, except when the cause of action is the result of gross negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees and except to the extent that the recipient has purchased liability insurance. Nothing in this section relieves individual defendants from responsibility for their individual acts.

    Section 29. That § 25-7-6.3 be amended to read:


    25-7-6.3. The monthly net income of each parent shall be determined by the parent's gross income less allowable deductions, as set forth in this chapter. The monthly gross income of each parent includes amounts received from the following sources:

            (1)    Compensation paid to an employee for personal services, whether salary, wages, commissions, bonus, or otherwise designated;

            (2)    Self-employment income including gain, profit, or loss from a business, farm, or profession;

            (3)    Periodic payments from pensions or retirement programs, including social security or veteran's benefits, disability payments, or insurance contracts;

            (4)    Interest, dividends, rentals, royalties, or other gain derived from investment of capital assets;

            (5)    Gain or loss from the sale, trade, or conversion of capital assets;

            (6)    Unemployment Reemployment assistance or unemployment insurance benefits;

            (7)    Worker's compensation benefits; and

            (8)    Benefits in lieu of compensation including military pay allowances.

    Overtime wages, commissions, and bonuses may be excluded if the compensation is not a regular and recurring source of income for the parent. Income derived from seasonal employment shall be annualized to determine a monthly average income.

    Section 30. That subdivision (8) of § 25-7A-1 be amended to read:

            (8)    "Income," any form of payment to a person, regardless of source, including wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, state reemployment assistance or unemployment compensation, disability, annuity and retirement benefits, gift or inheritance, all gain derived from capital or labor, profit gained through the sale or conversion of capital assets, and any other payments, including personal property, money and credits on deposit with or in the possession of, or made by any person, private entity, federal or state government, any unit of local government, school district or any entity created by public act. However, for the purposes of income withholding, income the term excludes:

            (a)    Any amount required by law or as a condition of employment to be withheld, other than creditor claims, including federal, state, and local taxes, social security, and other retirement contributions;

            (b)    Any amount exempted by federal law; and

            (c)    Public assistance payments;

    Section 31. That § 25-7A-32 be amended to read:

    25-7A-32. The amount actually withheld for support and arrearage may not be in excess of fifty percent of wages, salaries, commissions, bonuses, compensation as an independent contractor, workers compensation, reemployment assistance or unemployment compensation, or disability benefits. However, the total amount of arrearage may be withheld from personal property, money, and credits, or other income not otherwise exempt herein.


    Section 32. That § 25-7A-56.10 be amended to read:

    25-7A-56.10. Upon receiving notice from the Department of Social Services that a person owes child support, the Department of Labor and Regulation shall immediately withhold funds from the person's unemployment insurance state reemployment assistance benefits and forward the withheld amounts to the Department of Social Services. The Department of Labor and Regulation shall withhold the amount as designated by the Department of Social Services except that the amount actually withheld may not be in excess of fifty percent of the person's benefits. The person shall also be notified that the person may contest the withholding by filing a written request for administrative review with the Department of Social Services in accordance with § 25-7A-26.

    Section 33. That § 26-8D-13 be amended to read:

    26-8D-13. Any child required to participate in a community service program is not an agent or employee of the recipients of these services. Any recipient of community service, described in §§ 26-8C-7 and 26-8B-6, does not have to provide the child with unemployment compensation reemployment assistance insurance pursuant to title 61 nor with workers' compensation insurance pursuant to title 62. Each recipient and the recipient's officers, agents, and employees are immune from any cause of action for civil damages brought by the child, parents, guardians, or any third party if the cause of action arises from any act of commission or omission by the recipient or any of its officers, agents, or employees or any act of commission or omission by the child and the acts arise out of or are in connection with a community service program, except if the cause of action is the result of gross negligence or willful and wanton misconduct of the recipient or its officers, agents, or employees and except to the extent that the recipient has purchased liability insurance. Nothing in this section relieves any individual child from responsibility for the child's individual acts.

    Section 34. That § 28-13-32.7 be amended to read:

    28-13-32.7. For the purpose of determining a household's income, the county shall consider all sources of income, including the following:

            (1)    Compensation paid to household members for personal services, whether designated as gross salary, wages, commissions, bonus, or otherwise;

            (2)    Net income from self-employment, including profit or loss from a business, farm, or profession;

            (3)    Income from seasonal employment;

            (4)    Periodic payments from pensions or retirement programs, including social security, veterans' benefits, disability payments, and insurance contracts;

            (5)    Income from annuities or trusts, except for a trust held by a third party for the benefit of the minor children of the household;

            (6)    Interest, dividends, rents, royalties, or other gain derived from investments or capital assets;

            (7)    Gain or loss from the sale, trade, or conversion of capital assets;

            (8)    Unemployment Reemployment assistance or unemployment insurance benefits and strike benefits;

            (9)    Workers' compensation benefits and settlements;

            (10)    Alimony and child support payments received; and

            (11)    School grants and stipends which are used for food, clothing, and housing but not for books and tuition.

    A federal income tax return is the preferred source for determining earnings. If a federal income tax return is not representative of current earnings, the county may also require pay stubs which include gross and net earnings.

    Section 35. 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 an original applicant, and the application shall be acted upon in the same manner as 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, state reemployment assistance or 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 be acted upon in the same manner as 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 36. That § 35-2-24 be amended to read:

    35-2-24. No license granted under this title may be reissued until all taxes incurred by the licensee as a result of the operation of the licensed premises, including municipal and state sales and use taxes, state reemployment assistance or unemployment insurance tax, or any other state tax, are paid or are not delinquent. No license granted under this title may be reissued until all property taxes which are the liability of the licensee levied on the licensed premises are paid or are not delinquent. No license granted under this title may be reissued to an Indian tribe operating in Indian country controlled by the Indian tribe or to an enrolled tribal member operating in Indian country controlled by the enrolled tribal member's tribe until the Indian tribe or enrolled tribal member remits to the Department of Revenue all use tax incurred by nonmembers as a result of the operation of the licensed premises, and any other state tax has been remitted or is not delinquent.

    Section 37. That § 60-6-8 be amended to read:

    60-6-8. For the purpose of establishing and maintaining free public employment offices, the secretary may enter into agreements with the railroad retirement board, or any other agency of the United States charged with the administration of an a state reemployment assistance or unemployment compensation law, or with any political subdivision of this state, or with any private, nonprofit organization, and as a part of any such agreement the secretary may accept moneys, services, or quarters as a contribution to the employment service account.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\216.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\217.wpd
CHAPTER 217

(HB 1034)

Unemployment insurance contribution rates changed.


        ENTITLED, An Act to revise certain provisions regarding unemployment insurance contribution rates.

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

    Section 1. That § 61-5-25.4 be amended to read:

    61-5-25.4. The employer's reserve ratio for calendar year 2018 and each year thereafter is the result of the balance of credits existing in the employer's experience-rating account as of June thirtieth preceding the year the rate is to be calculated divided by the total taxable payroll of the employer for the preceding three fiscal years. The employer's experience-rating account balance for the purpose of this section is the balance on July thirty-first of the year preceding the year rates are calculated and is the difference between the contributions paid through July thirty-first and the benefits paid through the preceding June thirtieth.

Column "A"   Column "B"  
Contribution Rate   Reserve Ratio  
Schedule A   Schedule B         
9.45%   9.35%       Less than -7.00%  
8.95%   8.85%       -7.00% and Less than -6.50%  
8.45%   8.35%       -6.50% and Less than -6.00%  
7.95%   7.85%       -6.00% and Less than -5.50%  
7.45%   7.35%       -5.50% and Less than -5.00%  
6.95%   6.85%       -5.00% and Less than -4.50%  
6.45%   6.35%       -4.50% and Less than -4.00%  
5.95%   5.85%       -4.00% and Less than -3.50%  
5.45%   5.35%       -3.50% and Less than -3.00%  
4.95%   4.85%       -3.00% and Less than -2.50%  
4.45%   4.35%       -2.50% and Less than -2.00%  
3.95%   3.85%       -2.00% and Less than -1.50%  
3.45%   3.35%       -1.50% and Less than -1.00%  
2.95%   2.85%       -1.00% and Less than -0.75%  
2.45%   2.35%       -0.75% and Less than -0.50%  
1.95%   1.85%       -0.50% and Less than -0.25%  
1.45%   1.35%       -0.25% and Less than 0.00%  
0.95%   0.85%       0.00% and Less than 0.50%  
0.70%   0.60%       0.50% and Less than 0.75%  
0.55%   0.45%       0.75% and Less than 1.00%  
0.35%   0.25%       1.00% and Less than 1.25%  
0.25%   0.15%       1.25% and Less than 1.50%  
0.15%   0.05%       1.50% and Less than 1.75%  
0.05%   0.00%       1.75% and Less than 2.25%  
0.00%   0.00%       2.25% and Over  

    The contribution rates provided in this section apply to taxable wages paid on and after January 1, 2018, to December 31, 2019, inclusive.

    Section 2. That chapter 61-5 be amended by adding a NEW SECTION to read:

    The employer's reserve ratio for calendar year 2020 and each year thereafter is the result of the balance of credits existing in the employer's experience-rating account as of June thirtieth preceding the year the rate is to be calculated divided by the total taxable payroll of the employer for the preceding three fiscal years. The employer's experience-rating account balance for the purpose of this section is the balance on July thirty-first of the year preceding the year rates are calculated and is the difference between the contributions paid through July thirty-first and the benefits paid through the preceding June thirtieth.

Column "A"   Column "B"  
Contribution Rate   Reserve Ratio  
Schedule A   Schedule B         
9.45%   9.30%       Less than -7.00%  
8.95%   8.80%       -7.00% and Less than -6.50%  
8.45%   8.30%       -6.50% and Less than -6.00%  
7.95%   7.80%       -6.00% and Less than -5.50%  
7.45%   7.30%       -5.50% and Less than -5.00%  
6.95%   6.80%       -5.00% and Less than -4.50%  
6.45%   6.30%       -4.50% and Less than -4.00%  
5.95%   5.80%       -4.00% and Less than -3.50%  
5.45%   5.30%       -3.50% and Less than -3.00%  
4.95%   4.80%       -3.00% and Less than -2.50%  
4.45%   4.30%       -2.50% and Less than -2.00%  
3.95%   3.80%       -2.00% and Less than -1.50%  
3.45%   3.30%       -1.50% and Less than -1.00%  
2.95%   2.80%       -1.00% and Less than -0.75%  
2.45%   2.30%       -0.75% and Less than -0.50%  
1.95%   1.80%       -0.50% and Less than -0.25%  
1.45%   1.30%       -0.25% and Less than 0.00%  
0.95%   0.80%       0.00% and Less than 0.50%  
0.70%   0.55%       0.50% and Less than 0.75%  
0.55%   0.40%       0.75% and Less than 1.00%  
0.35%   0.20%       1.00% and Less than 1.25%  
0.25%   0.10%       1.25% and Less than 1.50%  
0.15%   0.00%       1.50% and Less than 1.75%  
0.05%   0.00%       1.75% and Less than 2.25%  
0.00%   0.00%       2.25% and Over  

    The contribution rates provided in this section apply to taxable wages paid on and after January 1, 2020.

    Section 3. That § 61-5-28.1 be amended to read:

    61-5-28.1. Each employer eligible for experience-rating as defined in § 61-5-24 on the computation date for the year, shall also pay an administrative fee on wages as defined by this title. If an employer's reserve ratio, as determined pursuant to § 61-5-25.4 through calendar year 2019 and pursuant to section 2 of this Act for each year thereafter, is less than two and one-quarter percent, an administrative fee of two hundredths percent shall be paid by the employer.

    The terms and conditions of this title that apply to the payment and collection of contributions also apply to the payment and collection of the administrative fee. Proceeds from the administrative fee shall be deposited in the clearing account of the unemployment compensation fund for clearance only and may not become part of the fund. After clearance, the money derived from the administrative fee payments, less refunds made pursuant to the provisions of this title, shall be deposited in the employment security administration fund for expenditure as provided in § 61-3-24. No administrative fee payment may be credited to the employer's experience-rating account nor may be deducted in whole or in part by any employer from the wages of individuals in its employ.

    The administrative fee provided in this section applies to taxable wages paid on and after January 1, 2018.

    Section 4. That § 61-5-29 be amended to read:

    61-5-29. Employers required by this title to pay contributions, except employers pursuant to chapter 61-5A, that reimburse the unemployment compensation trust fund for benefits paid in lieu of contributions, shall also pay an employer's investment in South Dakota's future fee, hereinafter referred to as the, investment fee, on wages as defined by this title. The fee rate for employers not eligible for experience rating, as defined in § 61-5-24, shall be seventy hundredths percent through calendar year 2006 and fifty-five hundredths percent on and after January 1, 2007. If an employer is eligible for experience rating, the employer's reserve ratio shall be determined pursuant to § 61-5-25.3 through calendar year 2017 and, pursuant to § 61-5-25.4 for calendar year years 2018 and 2019, and pursuant to section 2 of this Act for calendar year 2020 and each year thereafter, and the employer's investment fee rate shall be the rate appearing in column "A" on the same line the employer's reserve ratio appears in column "B" of the following rate schedules. schedule:

    From January 1, 1993, to December 31, 2006, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.70%        Less than 0.80%  
0.60%       0.80% and Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2007, to December 31, 2007, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.60%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2008, to December 31, 2008, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.58%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2009, to December 31, 2009, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.56%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2010, to December 31, 2010, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.55%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    Beginning January 1, 2011:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.53%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    The terms and conditions of this title that apply to the payment and collection of contributions also apply to the payment and collection of the investment fee. Proceeds from the investment fee shall be deposited in the clearing account of the unemployment compensation fund for clearance only and may not become part of the fund. After clearance, the money derived from the investment fee payments, less refunds made pursuant to the provisions of this title, shall be deposited in the

employer's investment in South Dakota's future special revenue fund as provided for in § 61-5-29.1. No investment fee payment may be credited to the employer's experience-rating account nor may be deducted in whole or in part by any employer from the wages of individuals in its employ.

    The investment fee rate may not be increased over the applicable 1987 investment fee rate for any employer with a positive balance in the employer's experience-rating account on the computation date, as established in rules promulgated by the secretary of labor and regulation pursuant to chapter 1-26, for the current year and the year preceding the current year.

    The investment rates provided in this section apply to and are retroactive to taxable wages paid on and after January 1, 1993.

     Signed March 20, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\217.wpd

WORKERS' COMPENSATION

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\218.wpd
CHAPTER 218

(SB 36)

Membership revised
for the State Workers' Compensation Advisory Council.


        ENTITLED, An Act to revise the membership of the State Workers' Compensation Advisory Council.

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

    Section 1. That § 62-2-10 be amended to read:

    62-2-10. The Governor shall appoint a State Workers' Compensation Advisory Council, composed of eight nine members, four representing employees, two of whom shall be from recommendations submitted by the South Dakota Federation of Labor. No employee representative may be a member of a personnel department. Four shall represent employers. The ninth member appointed shall serve as chair. The members may not be all of the same political party. Expenses of council members shall be paid by the Department of Labor and Regulation. The length of terms is three years with no more than three expiring each year. Members shall serve until a new appointment is made by the Governor. The secretary of labor and regulation is a nonvoting member. Five of the nine voting members of the council are a quorum for meetings. The lieutenant governor shall serve as the chair and has the right to vote. Any recommendations by the advisory council shall be by majority vote of the nine voting members.

    The terms of members begin on October thirty-first of the calendar year in which the Governor appoints the member, unless otherwise designated by the Governor. The appointee's term expires on October thirtieth in the third year of appointment.

    Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

    The council shall aid the Department of Labor and Regulation in reviewing the workers'

compensation program as to its content, adequacy, and effectiveness and make recommendations for its improvement. The council shall meet as frequently as necessary but not less than twice each year. The council shall make reports of its meetings that shall include a record of its council discussions, including all issues voted upon and the vote count, and its council recommendations. The council shall make an annual report to the Governor and Legislature by December thirty-first of each year. The department shall make the reports available to any interested persons or groups.

     Signed March 7, 2019
_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\218.wpd

SUPREME COURT RULES AND ORDERS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\219.wpd
CHAPTER 219

SCR 18-13

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(3) RULE 18-13
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment of SDCL 16-21A-2(3), 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 16-21A-2(3) 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 electronic mail transmission for purposes of adding an additional three days to calculating 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)    Discovery documents as provided by § 15-6-5(g); and
            (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 10th day of May, 2018.

_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\219.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\220.wpd
CHAPTER 220

SCR 18-14

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-6(a) RULE 18-14
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendment of SDCL 15-6-6(a), 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 15-6-6(a) be and it is hereby amended to read in its entirety as follows:

    15-6-6(a). Computation of time.In computing any period of time prescribed or allowed by this chapter, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, "legal holiday" includes those holidays listed in § 1-5-1.

    Service by facsimile and, electronic mail transmission, and through the Odyssey® electronic filing system must be completed by 5:00 11:59 p.m. receiver's time central standard time or daylight savings time as applicable, on a weekday, which is not a legal holiday, or service shall be deemed to be made on the following weekday, which is not a legal holiday.

    IT IS FURTHER ORDERED that this rule shall become effective July 1, 2018.

    DATED at Pierre, South Dakota, this 10th day of May, 2018.

_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\220.wpd




Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\221.wpd
CHAPTER 221

SCR 18-15

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
SDCL CHAPTER 16-16, REGULATIONS OF
THE BOARD OF BAR EXAMINERS
STATE OF SOUTH DAKOTA RULE 18-15
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 13, 2018, at Pierre, South Dakota, relating to the amendments of and adoptions to Appendix A. to SDCL Chapter 16-16 relating to the Regulations of the Board of Bar Examiners, State of South Dakota, and the Court having considered the proposed amendments and adoptions, the oral presentation thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that Appendix A. to SDCL Chapter 16-16, Regulations of the Board of Bar Examiners, State of South Dakota, be and it is hereby amended to read in its entirety as follows:

4. Passing Score

    The bar examination is comprised of three portions:

            (A)    The combined MPT, MEE, and Indian law portion,
            (B)    The MBE, and
            (C)    The MPRE.

    An applicant must pass each portion of the examination. A general average of 75% or higher on the combined MPT, MEE, and Indian law portion of the examination shall be deemed a passing score on that portion of the examination. A scaled score of 135 133 or higher shall be deemed a passing score on the MBE portion of the examination. An applicant may receive additional points on their MBE score, not to exceed three additional points, based on their score on the combined MPT, MEE, and Indian law portion of the examination as follows: 80 to 84 percent, one point; 85 to 89 percent, two points; and 90 percent or more, three points. These additional points may not be transferred to an examination administration other than the one in which they are obtained. A scaled score of 85 shall be deemed a passing score on the MPRE portion of the examination. The Board of Bar Examiners shall determine the passing score on each portion of the bar examination in advance of the examination. Written notice of any deviation from the scores enumerated in this regulation will be given to the dean of the University of South Dakota School of Law and all applicants for admission to practice law by examination.

    An applicant who has failed only one portion of the exam must only reapply to sit for the failed portion may elect to retake both portions of the examination or only that portion which the applicant failed; however, a passing score on one portion of the examination shall only be valid for a period of two years to exempt the applicant from retaking that portion of the examination. An applicant who

elects to retake both portions of the examination must obtain a passing score on both portions of the examination in that administration of the bar examination in order to pass. An applicant who fails either: A) the MPT, MEE, and Indian law portion of the examination; and/or B) the MBE portion of the examination three times must receive Supreme Court permission pursuant to § 16-16-11 to take another examination.

    IT IS FURTHER ORDERED that this rule shall become effective immediately and it shall not be retroactive.

    DATED at Pierre, South Dakota, this 23rd day of May, 2018.

_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\221.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\222.wpd
CHAPTER 222

SCR 19-01

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26C-1 RULE 19-01
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 15-26C-1, and the Court having considered the proposed amendment and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 15-26C-1 be and it is hereby amended to read in its entirety as follows:

    15-26C-1. Electronic filing.(1) Effective January 1, 2014, upon further order of the Supreme Court entered after July 1, 2019, and except as specifically exempted by these rules or court order, attorneys shall electronically file all documents, including petitions, notices of review, motions and briefs and any appendices with the Supreme Court through the Odyssey® electronic filing system unless advance permission is granted by the court allowing paper filing or filing through any other method. Self-represented litigants may file electronically, but shall not be required to file electronically. Any other notices, petitions, pleadings, motions, or documents may be filed electronically at the discretion of the attorney. Electronic filing for self-represented litigants is discretionary for all filings with the Supreme Court. On a showing of good cause, an attorney required to file electronically may be granted leave of court to file paper documents with the Supreme Court.

    (2) Documents filed electronically must be submitted by email attachment to SCClerkBriefs@ujs.state.sd.us. The number of the case shall appear in the subject line of the email. 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.

    (3) A document filed electronically has the same legal effect as an original paper document.

    (4) The typed attorney or party name or electronic signature on a document filed electronically has the same effect as an original manually affixed signature.

    (5) A party electronically filing a document that is not accessible to the public, in whole or in part, is responsible for redaction or designating the document as confidential or sealed before transmitting it to the court. For any document containing information where redaction is required, in whole or in part, pursuant to chapter 15-15A or order of the court, the original unredacted document shall also be filed electronically. It is the responsibility of the parties to seek advance approval from the Supreme Court for submitting a document as sealed or confidential if that document is not already declared confidential or sealed by existing law, court rules or order.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\222.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\223.wpd
CHAPTER 223

SCR 19-02

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26C-2 RULE 19-02
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 15-26C-2, and the Court having considered the proposed amendment and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 15-26C-2 be and it is hereby amended to read in its entirety as follows:

    15-26C-2. Electronic document formats.(1) All documents submitted to the court in electronic form must be in approved word processing format which shall then be converted by the supreme court clerk to portable document format (.pdf). except as follows:

            (a)    Parties must obtain permission from the supreme court clerk in advance if they seek to submit documents in another format.
            (b)    Briefs shall comply with § 15-26A-60 chapter 15-26A and shall consist of a single document submitted in pdf and an approved word processing format.
            (c)    An When an appendix may be is filed electronically in portable document format (.pdf) it shall be in .pdf format and shall be included as part of the brief document. Except for limited excerpts showing a court's reasoning, circuit court transcripts that have been filed electronically with the Supreme Court shall not be included in an appendix. A table of contents with page or paragraph reference as appropriate for each document must precede the appendix. Points of particular interest with page or paragraph reference may also be added to the table of contents. When feasible, electronic bookmarks shall be added to note the first page of each document in the appendix and may be added to note the location of points of particular interest.

    IT IS FURTHER ORDERED that this rule become effective upon further order of the Supreme Court entered after July 1, 2019.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\223.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\224.wpd
CHAPTER 224

SCR 19-03

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26C-3 RULE 19-03
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 15-26C-3, and the Court having considered the proposed amendment and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 15-26C-3 be and it is hereby amended to read in its entirety as follows:

    15-26C-3. Time of filing.(1) A document in compliance with the Rules of Appellate Procedure and this rule and submitted electronically to the supreme court clerk by 11:59 p. m. central standard time or daylight savings time as applicable shall be considered filed on that date.

    (2) Upon receiving an electronic document, the supreme court clerk will issue an e-mail confirmation that the document has been received. After reviewing an electronically filed document, the supreme court clerk must inform the filer, through an e-mail generated by the Odyssey® system, whether the document has been accepted or rejected. A document may be rejected (a) if it is filed in the wrong court; (b) applicable filing fees are not paid or waived; (c) the document is incomplete or contains missing information; (d) or fails to comply with applicable statutory requirements or these rules.

    (3) Parties filing briefs electronically must also submit an original and two hardcopies of any document to the supreme court clerk. For any brief filed in an appeal from a judgment or order pursuant to chapter 26-8A, the appellant shall also file two hardcopy a redacted briefs brief in compliance with subdivision 15-26A-60(9).

    (4) The Supreme Court may also order any party to provide additional hardcopies of any documents electronically filed.

    (5) A party must pay all required fees and payments within five days of submitting a document filed electronically. If fees and payments are not received within five days of submission, the document will not be filed and will be returned by the supreme court clerk and the party will be required to re-file the document.

    IT IS FURTHER ORDERED that this rule become effective upon further order of the Supreme Court entered after July 1, 2019.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
End Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\224.wpd


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\225.wpd
CHAPTER 225

SCR 19-04

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26C-4 RULE 19-04
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 15-26C-4, and the Court having considered the proposed amendment and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 15-26C-4 be and it is hereby amended to read in its entirety as follows:

    15-26C-4. Electronic service.(1) After January 1, 2014, any attorney not exempt from electronic filing or a party filing electronically must designate an email address for accepting electronic service and for receiving electronic service with the supreme court clerk. On a showing of good cause, an attorney may be granted leave of court to serve paper documents or to be exempt from receiving electronic service.

    (2) If a party files a document by electronic means, the party must serve the document by electronic means unless the recipient of service has not designated an email address for receiving electronic service.

    (3) Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.

    (4) If a recipient cannot accept electronic service of a document, service under another means specified by § 15-6-5 (b) is required.

    (5) Any party effectuating service electronically must include a certificate of service specifying the items electronically served.

    (6) Documents served electronically may be in portable document format (.pdf), with the exception of those documents to be filed with the Supreme Court in approved word processing format as previously specified herein.

    (7) The Supreme Court may electronically file and serve on registered attorneys and parties any decisions, orders, notices, remittiturs or other documents prepared by the court in such cases

provided the attorney or party to be served has designated an email address for receiving electronic service. All documents filed electronically must be served electronically through the Odyssey® system except for documents served on or by self-represented litigants. On a showing of good cause, an attorney may be granted leave by the Supreme Court to serve paper documents or to be exempt from receiving electronic service.

    (2) Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.

    IT IS FURTHER ORDERED that this rule become effective upon further order of the Supreme Court entered after July 1, 2019.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\226.wpd
CHAPTER 226

SCR 19-05

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 15-26A-79 RULE 19-05
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 15-26A-79, and the Court having considered the proposed amendment and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 15-26A-79 be and it is hereby amended to read in its entirety as follows:

    15-26A-79. Number of copies of briefs to be served and filed.Two copies A copy of each brief shall be served on the attorney for each party to the appeal separately represented and upon any party who is not represented by counsel. Fifteen copies A copy of each brief shall be filed with the clerk of the Supreme Court. The clerk shall not accept a brief for filing unless it is accompanied by admission or proof of service.

    IT IS FURTHER ORDERED that this rule become effective upon further order of the Supreme Court entered after July 1, 2019.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\227.wpd
CHAPTER 227

SCR 19-06

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
TO APPENDIX A. TO SDCL CHAPTER 16-1A,
RULES OF PROCEDURE OF THE JUDICIAL
QUALIFICATIONS COMMISSION SECTION II.
JUDICIAL NOMINATIONS, PART 2 RULE 19-06
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of Appendix A. to SDCL Chapter 16-1A and the Court having considered the proposed amendment and being fully advised in the premises, now, therefore, it is

    ORDERED that Appendix A. to SDCL Chapter 16-1A be and it is hereby amended to read in its entirety as follows:

APPENDIX A. TO CHAPTER SDCL 16-1A
RULES OF PROCEDURE OF THE JUDICIAL QUALIFICATIONS COMMISSION
SECTION II. JUDICIAL NOMINATIONS, PART 2


2. Further Investigation; Personal Interviews.

    The commission shall investigate the fitness and qualifications of each applicant, utilizing all sources reasonably available. In addition, the commission may invite any applicant to appear before a quorum of the commission sitting as a whole to respond to questions deemed pertinent to each applicant's fitness and qualifications to hold the judicial office. All applications, and other information received from or concerning applicants and all interviews and proceedings of the commission shall be confidential and privileged.

    The application and other information received from or concerning an applicant may be released to all members of the Supreme Court with the consent of the applicant for consideration by the Supreme Court as part of the certification process for a magistrate judge position as provided by SDCL 16-12B-1.2. Any person interviewed as part of the investigative process shall be informed the information obtained may also be provided to the Supreme Court as part of the magistrate certification process upon consent of the applicant.

    IT IS FURTHER ORDERED that this rule shall become effective immediately.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\228.wpd
CHAPTER 228

SCR 19-07

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE ADOPTION OF
RULES CONCERNING ELECTRONIC ACCESS
TO DOCUMENT AND DOCUMENT CHARGES
THROUGH THE UNIFIED JUDICIAL SYSTEM'S
ELECTRONIC ACCESS PORTAL TO BE
DESIGNATED AT SDCL CHAPTER 16-2 RULE 19-07
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the adoption of rules concerning electronic access to document and document charges through the Unified Judicial System's electronic access portal to be designated at SDCL chapter 16-2 and the Court having considered the proposed adoption and being fully advised in the premises, now, therefore, it is

    ORDERED that the proposed adoption of rules concerning electronic access to document and document charges through the Unified Judicial System's electronic access portal to be designated at SDCL chapter 16-2 be and they are hereby adopted to read in their entirety as follows:

     Electronic Access to Document and Document Charges Through the Unified Judicial System's Electronic Access Portal to be Designated at SDCL chapter 16-2.

    Section 1.

    The State Court Administrator's Office shall conduct a pilot program that will allow access to Unified Judicial System case documents through a web-based electronic access portal. The State Court Administrator shall determine the procedure and parameters on how the pilot program shall be implemented and shall report the results of the pilot program prior to December 31, 2020. The pilot program shall continue until further order of the Court.

    Section 2.

    Any documents obtained through an electronic search of the Unified Judicial System's electronic access portal shall be charged ten cents per page but no more than three dollars per document. This fee shall not be applicable to an attorney of record on a case or an abstractor for use during the normal course of business or any entity that has a data access agreement providing document access. A self-represented litigant may not be charged a copy fee by the clerk of court for documents on cases in which they appear as a party. Any fee collected pursuant to this section will be deposited in accordance with § 16-2-43.

    IT IS FURTHER ORDERED that this rule shall become effective immediately.


    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\229.wpd
CHAPTER 229

SCR 19-08

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-11 RULE 19-08
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 16-16-11, and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 16-16-11 be and it is hereby amended to read in its entirety as follows:

    16-16-11. Re-examination after three failures prohibited.An applicant who fails three times to pass the bar examination in any jurisdiction or combination of jurisdictions, may will not be permitted to take another examination in South Dakota except by permission of the Supreme Court upon a showing that the reasons for previous failures no longer exist and there is a reasonable likelihood the applicant will pass the examination if allowed to take it.

    Absent a showing of exceptional circumstances, an applicant who has failed four times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be granted permission to sit for the bar examination under this rule unless the applicant has obtained a scaled score of at least 125 on a prior MBE examination.

    (This amendment will become effective on August 1, 2019).

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\230.wpd
CHAPTER 230

SCR 19-09

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-12.1 RULE 19-09
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 16-16-12.1, and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 16-16-12.1 be and it is hereby amended to read in its entirety as follows:

    16-16-12.1. Admission without examination--Eligibility by practice.An applicant may be eligible for admission without examination if the applicant:

            (a)    Meets the requirements of § 16-16-2;

            (b)    Furnishes satisfactory evidence of graduation from a law school accredited by the American Bar Association, and;

            (c)    Provides documentary evidence showing that for three (3) of the last five (5) years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of law, in a state or states that allow South Dakota attorneys substantially similar admission without examination, as:

            (1)    A sole practitioner;
            (2)    A member of a law firm, professional corporation or association;
            (3)    A judge in a court of record;
            (4)    An attorney for any local or state governmental entity;
            (5)    Inside counsel for a corporation, agency, association or trust department; and/or,
            (6)    An attorney with the federal government or a federal governmental agency including service as a member of the Judge Advocate General Department of one of the military branches of the United States.

    IT IS FURTHER ORDERED that this rule become effective immediately.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\231.wpd
CHAPTER 231

SCR 19-10

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
OF SDCL 16-16-13 RULE 19-10
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of SDCL 16-16-13, and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 16-16-13 be and it is hereby amended to read in its entirety as follows:

    16-16-13. Fees payable with application for admission--Disposition of fees.An applicant for an admission on examination shall pay a fee of three hundred dollars, and a fee of one hundred seventy-five dollars for subsequent examinations four hundred fifty dollars. An applicant for admission without examination shall pay a fee of four hundred fifty dollars six hundred fifty dollars. An applicant shall also pay the National Conference of Bar Examiners the applicable fee for preparation of an initial or supplemental character report. If an applicant fails to appear for the examination, the fee paid shall only be applied to the next scheduled combined Multistate Essay Examination which includes an Indian Law question and Multistate Performance Test, and/or to the Multistate Bar Examination. The fees thus paid to the Secretary shall be retained in a special fund and shall be paid out by the state court administrator when authorized by the Secretary for the compensation and necessary expenses of the Board of Bar Examiners.

    IT IS FURTHER ORDERED that this rule become effective immediately.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\232.wpd
CHAPTER 232

SCR 19-11

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
TO APPENDIX A. SDCL CHAPTER 16-16
REGULATIONS OF THE BOARD OF BAR
EXAMINERS STATE OF SOUTH DAKOTA RULE 19-11
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment of Appendix A. to SDCL Chapter 16-16 and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that Appendix A. to SDCL Chapter 16-16 be and it is hereby amended to read as follows:

APPENDIX A. APPENDIX TO CHAPTER 16-16 (IN PART)
REGULATIONS OF THE BOARD OF BAR EXAMINERS
STATE OF SOUTH DAKOTA


1. Application for Admission to Practice Law

    Each applicant for admission to practice law shall file with the secretary of the Board of Bar Examiners a written application, together with five one complete machine or photo copies copy thereof, in the form prescribed by the Board of Bar Examiners. Such application and copies thereof shall be postmarked on or before November 1 for the February examination and on or before April May 1 for the July examination and shall be accompanied by the fee prescribed in the applicable rules of court and a recent photograph of the applicant, and DCI and FBI fingerprint cards.

    Each applicant for admission shall also file a request for preparation of a character report and application with the National Conference of Bar Examiners. Such request and application shall be postmarked on or before November 1 for the February examination and on or before April May 1 for the July examination and shall be accompanied by the fee prescribed by the National Conference of Bar Examiners.

1.1. Application for Admission Without Examination

    Each applicant for admission to practice law without examination shall file with the Secretary of the Board of Bar Examiners a written application, together with five one complete machine or photo copies copy thereof, in the form prescribed by the Board of Bar Examiners. Such application and copies copy thereof shall be accompanied by the applicable fees, a recent photograph of the applicant, and DCI and FBI fingerprint cards.

    Each applicant for admission without examination shall also file a request for preparation of a

character report and application with the National Conference of Bar Examiners. Such request and application shall be accompanied by the fee prescribed by the National Conference of Bar Examiners.

2. Application Forms and Payment of Fees

    All fees shall be paid by money order or certified check. Payment by credit card or e-check will be allowed when the technology is developed. The applicant will be responsible for any service fee. The application form shall require each applicant to waive confidentiality and privacy rights in order to allow the Board of Bar Examiners to inquire into the applicant's moral character through examination of state, federal, police, court and security records.

4.1. Examination Results.

    The Board of Bar Examiners' decision as to whether an applicant has passed or failed the examination is final and not subject to review.

4.2. Post-Examination Review.

    For purposes of preparing for reexamination, an applicant who fails the MPT/MEE/ILQ may review the questions and the applicant's answers following the examination. The review must be scheduled within 30 days after May 15 for the February bar examination and November 15 for the July examination. Review will take place in the presence of the Secretary of the Board of Bar Examiners or the Secretary's designee at the Board's office in Pierre, South Dakota. Review of materials is subject to the NCBE's policy on release of MPT and MEE materials. Successful applicants may not review their MPT/MEE/ILQ answers.

7.1. Law Student Registration

    Applicants to law school and first-or second-year law students who intend to take the South Dakota bar examination following graduation may register with the Board of Bar Examiners on forms prescribed by the Board. The registration must be accompanied by the $50 $100 South Dakota registration, fee as well as the fee required by the National Conference of Bar Examiners' law student registrant program for an initial character report. Registration under the rule is not deemed an application for permission to take the bar examination.

    The Board of Bar Examiners shall review the registration and character report to identify character and fitness issues that may hinder or preclude later admission. The Board will report its findings to the registrant. The Board's findings are both preliminary and non-binding in nature. Additionally, the findings will not constitute permission to take the bar examination or a waiver of the consideration of facts or conduct that are either later discovered or occur after the Board's review under this rule.

    IT IS FURTHER ORDERED that this rule become effective immediately.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

_______________
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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\233.wpd
CHAPTER 233

SCR 19-12

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE AMENDMENT
TO APPENDIX TO SDCL CHAPTER 16-17
THE STATE BAR OF SOUTH DAKOTA
BY-LAWS RULE 19-12
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the amendment to the Appendix to SDCL Chapter 16-17 and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that the Appendix to SDCL Chapter 16-17 be and it is hereby amended to read in its entirety as follows:

APPENDIX TO CHAPTER 16-17
THE STATE BAR OF SOUTH DAKOTA BY-LAWS


ARTICLE I - ORGANIZATION

1.1 Name

ARTICLE II - OPERATIONS

2.1 Purpose
2.2 Mutual Benefit
2.3 Office
2.4 Electronic Communication
2.5 Dissolution

ARTICLE III - ORGANIZATION

3.1 Rules

ARTICLE IV - MEMBERS

4.1 Membership
4.2 Membership Notification
4.3 Reinstatement
4.4 Meetings
4.5 Membership Fees

ARTICLE V - STATE BAR ELECTED OFFICERS

5.1 Officers
5.2 Installation, Election, and Term
5.3 Duties
5.4 Vacancy

ARTICLE VI - EXECUTIVE DIRECTOR

6.1 Executive Director
6.2 At Will
6.3 Duties
6.4 Bond
6.5 Termination

ARTICLE VII - BAR COMMISSION

7.1 Governing Powers
7.2 Composition
7.3 Commissioner Qualifications
7.4 Commissioner Nomination
7.5 Commissioner Election
7.6 Commissioner Election Cycle
7.7 Commissioner Term
7.8 Regular Meetings
7.9 Special Meetings
7.1 Notice
7.11 Waiver of Notice
7.12 Quorum
7.13 Proxy
7.14 Voting
7.15 Action in Lieu of Meeting
7.16 Expenses
7.17 Compensation
7.18 Commissioner Termination
7.19 Commissioner Vacancies
7.20 Commissioner Attendance
7.21 Commissioner Resignation

ARTICLE VIII - STATE BAR COMMITTEES

8.1 Establishment
8.2 Membership
8.3 Term
8.4 Reporting
8.5 Disciplinary Action
8.6 Standing Committees

ARTICLE IX - STATE BAR SECTIONS

9.1 Establishment
9.2 Membership
9.3 Operations
9.4 Reporting

ARTICLE X - FISCAL OPERATIONS

10.1 Fiscal Year
10.2 Document Signing
10.3 Loans
10.4 Checks, Drafts, and Accounts
10.5 Budget
10.6 Property

ARTICLE XI - CONFLICTS OF INTEREST

11.1 Basis
11.2 Statement
11.3 Application
11.4 Full Disclosure
11.5 Proscribed Activity

ARTICLE XII - INDEMNIFICATION

12.1 Coverage
12.2 Payment
12.3 Evaluation
12.4 Consideration
12.5 Insurance

ARTICLE XIII - PARLIAMENTARY AUTHORITY

13.1 Rules of Order

ARTICLE XIV - AMENDMENT

14.1 Amendment

ARTICLE I - ORGANIZATION

1.1. Name. The State Bar of South Dakota is an unincorporated public association authorized by and constituted under South Dakota law.

ARTICLE II - OPERATIONS

2.1 Purpose. The State Bar may engage in all activities permitted by the South Dakota Supreme Court ("Supreme Court"), South Dakota Law, and the Internal Revenue Code.

2.2 Mutual Benefit. The State Bar, for the mutual benefit of its Members:

    a. must at all times be operated in compliance with IRC §501(c)(6);
    b. may not pay interest or a dividend on any capital furnished by its Members; and,
    c.may form, or be an owner or member of, one or more entities it deems necessary or appropriate to accomplish the State Bar mission provided any such entity's activities do not conflict with South Dakota Law or Supreme Court rule.

2.3 Office. The State Bar must maintain an office in South Dakota and may have other offices within or outside South Dakota as determined by the Bar Commission.

2.4 Electronic Communication. The State Bar may use electronic communications and electronic signatures to give notice and conduct Bar Commission and other State Bar business. Records of all matters governed by these Bylaws may be maintained electronically except to the extent prohibited by law. Electronic communications must include sufficient information for the person receiving the

message to reasonably conclude that the communication was sent by the purported sender.

2.5 Dissolution. Upon the State Bar's formal dissolution, the Bar Commission will distribute all State Bar assets for one or more exempt purposes within the meaning of the Internal Revenue Code or will distribute the assets:

    a. to the federal government;
    b. to a state or local government; or,
    c. for an appropriate purpose, as determined by the Bar Commission.

ARTICLE III - ORGANIZATION

3.1. Rules. The State Bar may formulate rules of professional conduct for all Members from time to time, subject to the approval of the Supreme Court.

ARTICLE IV - MEMBERS

4.1. Membership. A Member is any person who qualifies for Active or Inactive membership as stated below, pays the requisite Membership Fee unless exempt, and complies with these Bylaws, State Bar rules, and Supreme Court rules. State Bar membership is mandatory for every person actively practicing law in South Dakota. State Bar membership is permissive for all other qualified persons.

    a. Active. Any person authorized to practice law in South Dakota and in good standing with the State Bar is an "Active Member." Active Members have the right to vote in all State Bar matters requiring Member action and as otherwise specified in these Bylaws. Others deemed Active Members are:

    i. Law School Faculty. Fulltime University of South Dakota School of Law faculty members;
    ii. Judiciary. Supreme Court Justices, South Dakota Circuit Court Judges ("Circuit Court Judges"), and fulltime South Dakota Magistrate Judges ("Magistrate Judges"); and,
    iii. Emeritus. An Active Member retiring from active law practice or a retiring judiciary member may take "Emeritus Status" by filing an emeritus registration form with the State Bar and complying with South Dakota statutory restrictions.

    b. Inactive. Any person otherwise qualified to be an Active Member, but who does not actively practice law in South Dakota may become an "Inactive Member" by paying the Membership Fee for an Inactive Member.

4.2. Membership Notification. The State Bar will furnish a list of Active Members by April 15th each year to the:

    a. Clerk of Courts for each South Dakota county;
    b. Supreme Court Clerk; and,
    c. Clerk of the United States District Court for the District of South Dakota.

    The State Bar will furnish these clerks with updates to the Active Member list from time to time.

4.3. Reinstatement. Any person meeting the qualifications of Paragraph 4.1.a. may seek reinstatement as an Active Member as follows:

    a. Inactive for Five Calendar Years or Less. Pay the Active Membership Fees by December 31st of the fifth calendar year of the Member being an Inactive Member.
    b. Inactive for more than Five Calendar Years. Submit a written request for reinstatement to the Executive Director and include:


        i. proof that the Member was admitted to practice law in the highest court of any state, United States territory, or the District of Columbia for at least one of the five years immediately preceding the written request;
    ii. proof that the Member was actively practicing law in that jurisdiction or engaged:
        1) as a judge for a court of record;
    2) as a commission or tribunal member authorized to address legal matters of a serious nature; or,
    3) as a fulltime instructor at an accredited law school in that jurisdiction;

    iii. payment of the Active Member Membership Fees; and,
    iv. payment of Delinquent Fees, if any, and Delinquency Penalty thereon.

    c. Reinstatement Decision. The State Bar will reinstate the Inactive Member as an Active Member upon determination that the Inactive Member satisfactorily meets the reinstatement requirements. If the State Bar rejects the reinstatement request, the Member may appeal the State Bar's decision to the Supreme Court, within thirty days after receiving notice of rejection from the State Bar. The Supreme Court may overturn the State Bar's decision. If the Supreme Court declines to hear the appeal or hears the appeal and upholds the State Bar's decision, the State Bar will return the Membership Fees, Delinquent Fees, if any, and Delinquency Penalty tendered with the application.

4.4. Meetings.

    a. Annual Meeting. The State Bar will hold an annual Member meeting ("Annual Meeting") at the time and place determined by the Bar Commission.
    b. Notice. The State Bar will give notice of the Annual Meeting to all Active and Inactive Members at least 30 days before the meeting date.
    c. Resolutions. Resolutions for Member consideration at the Annual Meeting must be submitted by an Active Member to the State Bar in writing at least 45 days before the business portion of the Annual Meeting ("Business Meeting"). The State Bar will publish properly submitted resolutions in the Annual Meeting Program, post them conspicuously at the Annual Meeting, and make copies available for Members in attendance. The State Bar will not accept any resolution or motion, complimentary to any Officer or Member, for any service performed, paper read, or address delivered.
    d. Special Meetings. Any five Bar Commissioners may call a special Member meeting by signing a written Call for Special Meeting and filing it with the Executive Director. The Call must state the Special Meeting's purpose. Upon receipt of the Call, the Executive Director must fix a date for the Special Meeting no more than 40 days after receipt of the Call and give notice of the Special Meeting to all Active and Inactive Members at least 30 days before the meeting date.
    e. Waiver of Notice. A Member's attendance at any meeting will constitute a waiver of notice by the Member, unless the Member announces at the meeting's beginning that the Member is attending solely to object to the meeting on the grounds of improper notice.
    f. Quorum. Twenty-Five Active Members at any Regular or Special Meeting will constitute a quorum. If a quorum is not present, those in attendance may adjourn the meeting until a quorum is present.
    g. Proxy. Members may not vote by proxy.
    h. Voting. Each Active Member has one vote for each matter upon which the Member is eligible and entitled to vote. A matter is approved when a majority of Members present vote in favor of the matter. In the event of a tie vote, lots will be drawn to determine the matter.
    i. Fixing of Membership. The State Bar will determine Membership ten days before an Annual or Special Meeting for voting purposes at the upcoming meeting.
    j. Official Record. The Executive Director will maintain an official record of all State Bar meetings.


4.5. Membership Fees. The State Bar may annually impose upon the Members approved State Bar dues ("Dues"), CLE Fee, and Client Assistant Fee (collectively "Membership Fees"). Membership Fees will be set to meet the State Bar's financial obligations. The Bar Commission may set the Membership Fees based upon membership type or other criteria. The Executive Director will assess Membership Fees on a calendar-year basis. Members must pay the Membership Fees in advance each January 1st.

    a. Approval. The Supreme Court must approve Membership Fees proposed by the Bar Commission before the Executive Director may assess them on the Members.
    b. Active Member Dues. Active Member Dues are:

    i. Calendar Year of Admission. Waived for newly admitted Members the calendar year of admission unless, in a prior year, that Member was a member of another state bar or practiced law in another state or jurisdiction without mandatory bar membership; in either of those cases, the newly admitted Member will pay Dues based on years in practice specified in Paragraph 4.5.b.ii. or 4.5.b.iii. below.
    ii. 2nd - 4th Calendar Years after Admission Year. $190, except Members electing Emeritus Status will pay $100.
    iii. 5th Calendar Year after Admission Year and Thereafter. $315, except Members electing Emeritus Status will pay $100.

    c. Inactive Member Dues. Inactive Member Dues are $100.
    d. Continuing Legal Education. Each Active Member, except Supreme Court Justices, Circuit Court Judges, Magistrate Judges, and Members electing Emeritus Status, must pay a $100 Continuing Legal Education program fee ("CLE Fee").
    e. Client Assistance Fund. The State Bar may charge each Active Member, after the calendar year of admission, a Client Assistance Fund fee of $25 ("Client Assistance Fee"). The State Bar will hold this fee in a separate Client Assistance Fund. The State Bar will charge the Client Assistance Fee whenever the fund balance is less than $80,000 and will continue to charge the fee until the Client Assistance Fund balance reaches $100,000. The State Bar will not charge the Client Assistance Fee when the fund balance is $100,000 or greater. Federal Judges, Supreme Court Justices, Circuit Court Judges, and Magistrate Judges will be exempt from the Client Assistance Fee. The Bar Commission may use the Client Assistance Fund to pay premiums on a group insurance policy should the Commission determine that the purchase of such coverage would be an appropriate use of the fund.
    f. Failure to Pay. The Bar Commission may suspend any Member who does not pay the Membership Fees when due, and upon suspension, that Member will not be in good standing with the State Bar. A suspended Member may, at any time within five years of the suspension date, be reinstated upon payment of all delinquent and current Membership Fees ("Delinquent Fees") together with any penalties imposed by the Bar Commission. Penalties imposed by the Bar Commission may not exceed double the Delinquent Fees amount ("Delinquency Penalty"). After five years, a Member may only be reinstated as specified in Paragraph 4.3. above.

ARTICLE V - STATE BAR ELECTED OFFICERS

5.1. Officers. The State Bar elected officers are President and President Elect (individually "State Bar Officer" and collectively "State Bar Officers"). Only Active Members may be elected to either of these offices.

5.2. Installation, Election, and Term. The President will install the President Elect as President before the Annual Meeting adjourns each year. The Active Members at the Annual Meeting will then, by majority vote, elect the next President Elect. The President will serve a one-year term. The President Elect will serve in that capacity until installed as President the following year.

5.3. Duties. The State Bar Officers' duties are as follows:


    a. President. The President may:

    i. preside at all State Bar and Bar Commission meetings;
    ii. execute, with the Executive Director, all State Bar contracts and instruments as authorized by the Bar Commission;
    iii. appoint Members to standing and ad hoc committees;
    iv. be an ex-officio, non-voting Member of all committees except as specified otherwise herein;
    v. perform all duties incident to the office of President and such other duties as may be assigned by the Bar Commission; and,
    vi. perform the duties of the Executive Director in the event the Executive Director is unable to perform. The President may appoint someone to serve as the Executive Director if the President is unwilling or unable to perform those duties. The President or the President's appointee will serve until the Bar Commission hires a new Executive Director or until the current Executive Director is able to return to and perform the duties of that position.

    b. President Elect. The President Elect will perform and be vested with all the powers and duties of the President in the event the President is absent or otherwise unwilling or unable to perform. The President Elect may perform such duties as may be assigned by the President and Bar Commission.

5.4. Vacancy. If the office of President becomes vacant for any reason, the President Elect will complete the remainder of the President's term. After completing the President's unfulfilled term, the President Elect will serve his or her full term as President. If the office of President Elect becomes vacant for any reason, the Bar Commission, by majority vote, will fill that vacancy. The person appointed to fulfill the President Elect's remaining term will hold office until the next President Elect is elected at the Annual Meeting of the State Bar.

ARTICLE VI - EXECUTIVE DIRECTOR

6.1. Executive Director. The Executive Director will have general charge and control of day-to-day State Bar affairs subject to Bar Commission and State Bar Officer direction and Supreme Court rule. The Executive Director is the State Bar's Secretary/Treasurer.

6.2. At Will. Except as stated otherwise in these Bylaws or by separate contract, the Executive Director is an at-will employee.

6.3. Duties. The Executive Director will:

    a. carry out and oversee the State Bar strategic plan;
    b. advocate the State Bar's agenda with South Dakota's legislative and executive branches of government;
    c. work with the Supreme Court to create appropriate rules regulating the State Bar and its Members;
    d. serve notice of all Member and Bar Commission meetings;
    e. keep the minutes of Member and Bar Commission meetings and authenticate State Bar records as necessary;
    f. maintain the State Bar's books, papers, and records and provide for their inspection for any proper purpose at any reasonable time;
    g. maintain a current register of the names and post office addresses of all Members and include other information provided by the Members;
    h. participate in national conferences and forums approved by the Bar Commission;
    i. approve bills for payment, subject to limits prescribed by the Bar Commission;
    j. execute all contracts and instruments of conveyance in the State Bar's name as authorized by the Bar Commission;
    k. have custody, and keep proper account of all State Bar funds;
    l. sign checks, drafts, and notes on behalf of the State Bar;
    m. endorse checks, notes, and other obligations payable to the State Bar and deposit them in the

State Bar account determined by the Bar Commission;
    n. pay all normal and ordinary State Bar bills in the ordinary course of business and seek Bar Commission approval before paying any extraordinary bill;
    o. submit State Bar books and records for a Board approved independent audit;
    p. deliver a financial report at each regular Bar Commission meeting and deliver an annual financial report to the Members at the Annual Meeting;
    q. propose policies to ensure proper functioning of the State Bar;
    r. hire, supervise, and, if necessary, terminate State Bar employees and determine State Bar employees' salary and benefits subject to Bar Commission approval;
    s. deliver a report to the Board at each regular Board meeting and to the Members at their Annual Meeting and prepare other reports as requested by the Bar Commission;
    t. call Member and Bar Commission Special Meetings, as provided for in these Bylaws; and,
    u. perform all other duties usually incident to the chief operations officer and corporate secretary/treasurer along with any other duties assigned by the Board and President.

6.4. Bond. The Bar Commission in its discretion may require the Executive Director and any other State Bar agent or employee to give a bond in such amount, and with a surety, as it determines. The State Bar will pay the expense of any such bond.

6.5. Termination. The Executive Director may resign by delivering written notice to any State Bar Officer or Bar Commissioner. The Board may remove the Executive Director as specified in the Executive Director's employment contract. If the Executive Director is not under a contract, the Bar Commission may remove the Executive Director at any time, with or without cause, by an affirmative vote of 2/3rds of all Commissioners.

ARTICLE VII - BAR COMMISSION

7.1. Governing Powers. A Board of Bar Commissioners elected by the Members will govern and manage the business and affairs of the State Bar ("Bar Commission" or "Board"). The Board has all the power and authority necessary or appropriate for the administration of State Bar affairs consistent with Supreme Court rule, South Dakota Law, and these Bylaws. The Board may adopt rules, regulations, policies, and directives necessary for efficient State Bar operation. The Bar Commission will perform the acts necessary to locate and hire the Executive Director and determine the Executive Director's salary and benefits.

7.2. Composition. The Bar Commission is composed of one Active Member from each of South Dakota's judicial circuits and six at-large Active Members ("Commissioner" individually or "Commissioners" collectively). The Bar Commission also includes the State Bar President and President Elect.

7.3. Commissioner Qualifications. A Commissioner candidate must be an Active Member at the time of election and reside in the judicial circuit that the candidate is seeking to represent. No two at-large Commissioners may reside within the same judicial circuit.

7.4. Commissioner Nomination. To qualify as a Commissioner candidate, the Member must meet the election qualifications specified in Paragraph 7.3 above and either:

    a. Petition. Complete a nominating petition containing signatures of at least:

    i. Judicial Circuit Commissioner. Five Active Members residing in the same judicial circuit the candidate is seeking to represent.
    ii. At-Large Commissioner. Fifteen Active Members.

    Candidates must file completed nominating petitions with the Executive Director at least 10 days before the Annual Meeting.


    b. Floor. Be orally nominated by an Active member from the floor at the Business Meeting, provided the nominee's name and position sought was submitted to the Executive Director or other State Bar employee at least 40 hours before the beginning of the Business Meeting. After the submission deadline and until the beginning of the Business Meeting, the Executive Director will immediately and conspicuously post the names and Commissioner position sought for each candidate eligible for floor nomination.

7.5. Commissioner Election. The State Bar will conduct Commissioner elections at the Business Meeting according to the Election Cycle. The Executive Director will prepare, or cause to be prepared, ballots in the form determined by the Bar Commission. Only Active Members may vote in Commissioner elections. Any Commissioner candidate receiving a majority of the votes properly cast will be elected. If no Commissioner candidate receives a majority of the votes, the Commissioner candidate receiving the fewest votes will be eliminated from consideration as a Commissioner. The Members will then vote on the remaining candidates. Any Commissioner candidate receiving a majority of the votes properly cast will be elected. If no Commissioner candidate receives a majority of the votes, the Commissioner candidate receiving the fewest votes will be eliminated from consideration as a Commissioner. Voting and candidate elimination will continue in this manner until a candidate receives a majority of the votes. Tie votes will be determined by lot.

7.6. Commissioner Election Cycle. Active Members will elect Commissioners to represent each judicial circuit and the at-large positions according to the following election cycle:

    a. Circuits 1, 2, 3, 6, and 7. 2019, 2022, 2025, and every third year thereafter.
    b. Circuits 4 and 5 and two At Large. 2020, 2023, 2026, and every third year thereafter.
    c. Four At Large. 2021, 2024, 2027, and every third year thereafter.

7.7. Commissioner Term. Upon election, Commissioners will hold office for a three-year term beginning at the close of the Annual Meeting in the year of election. No Commissioner may hold office for successive terms. A Commissioner appointed to the Board according to Paragraph 7.19 below may be elected to serve one full term in the appropriate circuit or at-large circuit after the expiration of the appointed term. Upon expiration of the Commissioner's term, or if the Commissioner leaves the Board for any reason, that Member is not eligible for Board appointment or election for one year. After an absence of at least one year, the Member is eligible for Board appointment or Board election provided the Member meets the Board criteria.

7.8. Regular Meetings. The Bar Commission will meet immediately after the adjournment of the Annual Meeting and transact any business that may properly come before the Bar Commission. Additionally, the Board will hold at least four regular meetings throughout the year according to a schedule and at locations determined by the Board ("Regular Meetings").

7.9. Special Meetings. Any State Bar Officer or any three Commissioners may call a Special Meeting of the Board by delivering the Call for Special Meeting to the Executive Director. The Call must state the Special Meeting's purpose. Upon receipt of the Call, the Executive Director must fix a date for the Special Meeting no more than ten days after receipt of the Call.

7.10. Notice. The Executive Director must, by mail or electronic communication, provide all Board Members at least 20 days' notice of any Regular Meeting and four hours' notice of any Special Meeting. The notice must state the time, place, and, in the case of a Special Meeting, the purpose of the meeting. Notice by mail is given when deposited in the United States mail with sufficient postage. Notice by electronic communication may be given by facsimile, e-mail, text message, or other electronic means, at a number or electronic address designated by the Board Member. Notice is considered received when it is given.

7.11. Waiver of Notice. Attendance by a Board Member at any Board meeting will constitute a waiver of notice by that Board Member unless the Board Member announces at the beginning of the

meeting that he or she is attending for the sole purpose of objecting to the meeting on the grounds of improper notice.

7.12. Quorum. At the meeting following the Annual Meeting, the Board Members present will constitute a quorum. At all other Bar Commission meetings, eight Board Members will constitute a quorum. The acts of the majority of the Board Members present at a duly held meeting will be the acts of the Board, except when a larger number is required by Supreme Court rule, South Dakota Law, or these Bylaws.

7.13. Proxy. Board Members may not vote by proxy.

7.14. Voting. All Board Members have one vote on any matter properly presented to the Board. A majority of the Board Members present at any meeting voting in favor of any matter properly brought before the Commission will constitute passage of the matter.

7.15. Action in Lieu of Meeting. The Board may, by electronic communication or written action, take any action the Board may take at a meeting, provided all Board Members were notified of the action in lieu of meeting before the action. All electronic communications must comply with Section 2.4 above. The written action is effective when signed or consented to unless a different effective date is stated. When written action is signed or consented to by fewer than all Board Members, the Board will immediately provide all Board Members with the text and effective date of the written action. Failure to provide such notice does not invalidate the written action.

7.16. Expenses. By resolution of the Board, Board Members will receive reimbursement for reasonable expenses incurred to attend each Board meeting and other meetings authorized by the Bar Commission.

7.17. Compensation. Board Members will receive no compensation for attending Board meetings and other meetings on behalf of the State Bar or the Bar Commission unless the Board by majority vote determines otherwise.

7.18. Commissioner Termination. A Commissioner's term will end immediately upon a Commissioner:

    a. ceasing to be an Active Member;
    b. establishing primary residency outside South Dakota;
    c. establishing primary residency outside the circuit from which the Commissioner was elected for those Commissioners elected to represent a judicial circuit; and,
    d. establishing primary residency in a judicial circuit that is the residence of another at-large Commissioner.

    A change in circuit boundaries will not terminate a Commissioner's term.

7.19. Commissioner Vacancies. A Commissioner vacancy, regardless of cause, including an increase in the number of Commissioners, will be filled by majority vote of the remaining Commissioners. Any Commissioner appointed to fill a vacancy will serve the remainder of the vacating Commissioner's term.

7.20. Commissioner Attendance. Commissioners are expected to attend all Board meetings, Member meetings, committee meetings of which the Commissioner is a member, and State Bar functions. Commissioners may participate in any meeting by teleconference or similar communications technology ("Teleconference") that allows all persons participating in the meeting to hear each other at the same time. Participation by Teleconference constitutes presence in person at a meeting. Any Commissioner with more than three unexcused absences from Regular Meetings may be deemed by the Board to have resigned as a Commissioner.


7.21. Commissioner Resignation. A Commissioner may resign at any time by delivering a written resignation to the Executive Director or State Bar Officer. The resignation is effective when received, unless a later date has been specified in the notice.

ARTICLE VIII - STATE BAR COMMITTEES

8.1. Establishment. The State Bar President or Bar Commission may establish one or more standing and ad hoc committees to carry out the business of State Bar and upon so doing will specify the purpose of each in the State Bar records.

8.2. Membership. The President will promptly after installation, appoint Members to State Bar committees and select each committee's chair. Individuals who are not State Bar Members may serve on any committee if the President determines the non-Member's knowledge, skill, and experience is necessary or desirable to the efficient conduct of the committee's business. Non-Members may be voting or non-voting members as determined by the Board. The State Bar Officers and Executive Director are ex-officio, non-voting Members of all committees except the Executive Director will not be a member of any Nominating Committee established as part of an Executive Director search.

8.3. Term. All committee members serve one-year terms; the number of terms is not limited.

8.4. Reporting. Each committee must report to the Bar Commission actions approved and recommendations adopted promptly after the action or recommendation. Each committee must also provide the State Bar a summary of its activities by April 30th each year.

8.5. Disciplinary Action. The President may remove a member from any committee at any time, except the Executive Committee. The Bar Commission may, by majority vote, remove a committee member if the President is unwilling or unable to do so.

8.6. Standing Committees. The State Bar will have the following Operational and Professional standing committees:

    a. Operational. The following committees will assist with the effective administration of State Bar operations and maintain compliance with various requirements under United State Code and South Dakota Law.

    i. Executive. The President, President Elect, and Executive Director constitute the Executive Committee. The Executive Committee is authorized to act on behalf of the Bar Commission between meetings on matters that, if action was not taken, would detrimentally affect the State Bar or its Members. The Executive Committee may exercise other powers the Bar Commission may determine and which may be legally delegated. The Executive Committee will report its actions to the Bar Commission at the first Board meeting following any action or by delivering copies of the Executive Committee meeting minutes to each Commissioner in advance of the next Board meeting.
    ii. Finance and Audit. This committee will assist the Bar Commission in overseeing accounting policies and practices, financial reporting and auditing, and provide the Bar Commission with recommendations. The committee will, in conjunction with the Executive Director, cause the State Bar's books and records to be audited by an independent certified public accountant as often as required by statute or rule, or as required by the Board. The committee will recommend independent auditors to the Bar Commission. The committee along with the Executive Director will oversee each audit and present the results to the Bar Commission and Members at the Annual Meeting. The committee will periodically review the State Bar's financial records with respect to: the audit results, changes in accounting principles or practices, areas of audit concern, contents of the independent auditors' management letter, and the State Bar's response thereto.

    b. Professional. Any number of committees may be established to provide Members with professional development and continuing education opportunities. The State Bar will note the creation and purpose of each committee in its records. Each committee may establish its own

operating rules and procedures and properly memorialize them in the committee records and with the State Bar. All committees must meet as often as necessary to accomplish their stated purposes.

ARTICLE IX - STATE BAR SECTIONS

9.1. Establishment. The Bar Commission may establish one or more Member Sections when presented with a petition evidencing sufficient State Bar Member interest and when creation of the Section is in the best interests of the State Bar. The Bar Commission will govern any Section created, and the Section will replace any similar State Bar committee. The State Bar will note the creation and purpose of each Section in the State Bar records.

9.2. Membership. The Bar Commission will determine membership criteria for each Section. The State Bar Officers and the Executive Director will be ex-officio, non-voting members of each Section. Each Section member has one vote to cast on all matters that come before the section.

9.3. Operations. Each Section will be self-governing and may establish bylaws, a board of directors, and other governance structure as approved by the Bar Commission. Sections may hold elections of the Section members to select members for governance positions. Sections may establish their own operating rules and procedures and properly memorialize them in the Section records and with the State Bar. All Sections must meet at the Annual Meeting and otherwise as often as necessary to accomplish the Section's purpose.

9.4. Reporting. Sections must deliver their meeting minutes to the Executive Director after each Section meeting. Section actions and recommendations are not binding upon the Board. Each Section must also provide the State Bar a summary of its activities by April 30th each year.

ARTICLE X - FISCAL OPERATIONS

10.1. Fiscal Year. The State Bar's fiscal year begins on August 1st each year and ends on July 31th the following year.

10.2. Document Signing. The Bar Commission may authorize any State Bar Officer or State Bar employee to enter into any contract or execute and deliver any instrument in the State Bar's name. Such authority may be general or confined to specific matters.

10.3. Loans. No loans will be taken out in the State Bar's name or no evidences of indebtedness may be issued in its name unless authorized by Bar Commission resolution. Such authority may be general or confined to specific instances. No loan may be granted to the Executive Director, any other State Bar employee, State Bar Officer, or Bar Commissioner.

10.4. Checks, Drafts, and Accounts. All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness issued in the State Bar's name must be signed by those individuals authorized to do so by the Bar Commission by general authorization or specific resolution. The State Bar will deposit all its funds in such banks, trust companies, or other depositories determined by the Board.

10.5. Budget. The Bar Commission must approve the annual State Bar budget.

10.6. Property. Title to all State Bar property will be held in its name or in an entity owned or controlled by the State Bar.

ARTICLE XI - CONFLICTS OF INTEREST

11.1. Basis. Conflicts of interest must be avoided because they place, or appear to place, the interests of others ahead of the State Bar's obligations to its corporate purposes and to the public interest. Conflicts of interest reflect adversely upon the persons involved and upon the institutions with which

they are affiliated, regardless of the actual facts or motivations of the parties. A conflict of interest refers only to personal, proprietary interests of the persons covered by this policy and their immediate families and not to philosophical or professional differences of opinion. Real and apparent conflicts of interest with State Bar affairs may sometimes occur because the many persons associated with the State Bar have multiple interests, affiliations, and various positions of responsibility within the community. It is likely that a person covered by this policy will owe identical duties to two or more organizations having similar activities. However, it is not in the long-range best interests of the State Bar to terminate or cease all association with persons who may have real or apparent conflicts or dualities of interest if there is a prescribed and effective method of rendering such conflicts harmless to all concerned.

11.2. Statement. Recognizing the underlying policy basis, the State Bar will not preclude dealings with those having actual or apparent conflicts or dualities of interest so long as the same are promptly and fully disclosed whenever they exist or occur, and the Board determines that the conflict or duality of interest is harmless to the State Bar.

11.3. Application. This policy applies to the Executive Director, all other State Bar employees, State Bar Officers, and Bar Commissioners; the referenced individual's immediate family members; and independent contractors providing services or materials to the State Bar (collectively "Covered Persons"). Each Covered Person must discharge his or her duties in good faith, in the best interests of State Bar, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. It is the Executive Director's obligation to publicize this policy to all Covered Persons on a recurring basis.

11.4. Full Disclosure. Each Covered Person must disclose all real or apparent conflicts or dualities of interest with the State Bar's activities. Additionally, Covered Persons must annually complete a conflict of interest disclosure form as specified by the Board. "Disclosure" as used in these Bylaws is defined as providing a written description of the facts comprising the real or apparent conflict or duality of interest to the Executive Director, State Bar Officers, or Bar Commission.

11.5. Proscribed Activity. Where a Covered Person believes there may exist a real or apparent conflict or duality of interest, that person must, in addition to filing the notice of disclosure required under Section 11.4, abstain from making motions, participating in relevant deliberations, voting, executing agreements, or taking any other similar direct action on behalf of the State Bar where the conflict or duality of interest might pertain. If a Bar Commissioner discloses a conflict, the Board may:

    a. require the Commissioner to recuse on the conflicted matter;
    b. authorize the Commissioner to opine on the merits of the matter but refrain from voting;
    c. waive the conflict and authorize the Commissioner to vote; or,
    d. take other or no action if the Board determines the conflict or duality of interest harmless to the State Bar.

ARTICLE XII - INDEMNIFICATION

12.1. Coverage. Any person who at any time serves or has served as a Bar Commissioner, State Bar Officer, or State Bar employee, or in a capacity benefitting the State Bar has a right to be indemnified by the State Bar to the fullest extent permitted by South Dakota law against:

    a. reasonable expenses, including reasonable attorney fees, actually incurred by him or her in connection with any threatened, pending, or completed action, suit or proceedings and any appeal thereof, whether civil, criminal, administrative, or investigative, seeking to hold him or her liable by reason of the fact that he or she is or was acting in such capacity; and,
    b. reasonable payments made by him or her in satisfaction of any judgment, money decree, fine, penalty, or settlement for which he or she may have become liable in any such action, suit, or proceeding.



12.2. Payment. Indemnifiable expenses claimed may not be paid in advance of any final disposition unless the Bar Commission approves otherwise by majority vote.

12.3. Evaluation. The Bar Commission will evaluate the claimant's actions giving rise to the indemnity claim and of the amount of indemnity claimed by him or her.

12.4. Consideration. Any person who at any time after the adoption of this Article XII serves or has served in any of the previously mentioned capacities for or on behalf of State Bar will be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. Such right will inure to the benefit of the legal representatives of any such person and is not exclusive of any other rights to which such person may be entitled. Any repeal or modification of these indemnification provisions will not affect any rights or obligations existing at the time of such repeal or modification.

12.5. Insurance. The State Bar may, by resolution of the Bar Commission, purchase and maintain insurance on behalf of any Bar Commissioner, State Bar Officer, the Executive Director, and other State Bar employee or State Bar agent.

ARTICLE XIII - PARLIAMENTARY AUTHORITY

13.1. Rules of Order. The most current edition of Mason's Manual of Legislative Procedure will govern the State Bar in all matters to which they are applicable and in which they are not inconsistent with these Bylaws and any State Bar adopted special rules of order.

ARTICLE XIV - AMENDMENT

14.1. Amendment. The State Bar may amend or restate the Bylaws at its Annual Meeting. Any proposed amendment or restatement must be submitted to the Executive Director in writing at least 45 days before the Business Meeting. The Executive Director will notify Active Members, in the manner specified in these Bylaws, of properly submitted Bylaw change proposals at least 20 days before the Business Meeting. Active Members will vote on the proposed Bylaw changes Business Meeting. Members may propose amendments to the proposed Bylaw changes from the floor, but all floor amendment proposals must be in writing and pertain to the original Bylaw amendments. Bylaw amendments or restatement will be adopted by an affirmative vote of a majority of the Members present. Bylaw changes will not become effective until approved by the Supreme Court.

    IT IS FURTHER ORDERED that this rule become effective immediately.

    DATED at Pierre, South Dakota, this 25th day of February, 2019.

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Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\234.wpd
CHAPTER 234

SCR 19-13

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT
OF THE

STATE OF SOUTH DAKOTA

* * * *

IN THE MATTER OF THE ADOPTION OF
A RULE CONCERNING THE ADMISSIBILITY
OF STATEMENTS MADE DURING A JAIL
MENTAL HEALTH SCREEN TO BE
DESIGNATED AT SDCL CHAPTER 24-11 RULE 19-13
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    A hearing was held on February 20, 2019, at Pierre, South Dakota, relating to the adoption of a rule concerning the admissibility of statements made during a jail mental health screen to be designated at SDCL Chapter 24-11 and the Court having considered the proposed adoption and being fully advised in the premises, now, therefore, it is

    ORDERED that the proposed adoption of a rule concerning the admissibility of statements made during a jail mental health screen to be designated at SDCL Chapter 24-11 be and it is hereby adopted to read in its entirety as follows:

     The admissibility of statements made during a jail mental health screen to be Designated at SDCL Chapter 24-11.

    Any statement made by a defendant in response to a question administered during a jail mental or physical health screening is not admissible against the defendant in the state's case in chief during any evidentiary proceeding related to the reason the defendant was confined in jail.

    The screen shall be filed with the committing court and may be used in preparation of a presentence report and at sentencing. Prior to sentencing, the screen shall only be made available to the defendant, defendant's attorney, prosecuting attorney, court services, and any mental health provider ordered to provide an assessment of the defendant as a condition of bond.

    IT IS FURTHER ORDERED that this rule become effective immediately.

    DATED at Pierre, South Dakota, this 2nd day of April, 2019.

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EXECUTIVE ORDERS

_______________


Start Included file Y:\LMDATA\SESSIONS\94-2019\SessionLaws\235.wpd
CHAPTER 235

EXO 19-01

EXECUTIVE ORDERS


Executive Reorganization Order No. 2019-01

    WHEREAS, Article IV, Section 8, of the constitution of the state of South Dakota provides that, "Except as to elected constitutional officers, the Governor may make such changes in the organization of offices, boards, commissions, agencies and instrumentalities, and in allocation of their functions, powers and duties, as he considers necessary for efficient administration. If such changes affect existing law, they shall be set forth in executive orders, which shall be submitted to the Legislature within five legislative days after it convenes, and shall become effective, and shall have the force of law, within ninety days after submission, unless disapproved by a resolution concurred in by a majority of all the members of either house"; and

    WHEREAS, this executive order has been submitted to the 94th Legislative Assembly on the 5th legislative day, being the 14th day of January, 2019;

    IT IS, THEREFORE, BY EXECUTIVE ORDER, directed that the executive branch of state government be reorganized to comply with the following sections of this order.

GENERAL PROVISIONS

    Section 1. This executive order shall be known and may be cited as the "Executive Reorganization Order 2019-01 ".

    Section 2. Any agency not enumerated in this order, but established by law within another agency which is transferred to a principal department under this order, shall also be transferred in its current form to the same principal department and its functions shall be allocated between itself and the principal department as they are now allocated between itself and the agency within which it is established.

    Section 3. "Agency" as used in this order shall mean any board, authority, commission, department, bureau, division or any other unit or organization of state government.

    Section 4. "Function" as used in this order shall mean any authority, power, responsibility, duty or activity of an agency, whether or not specifically provided for by law.

    Section 5. Unless otherwise provided by this order, division directors shall be appointed by the head of the department or bureau of which the division is a part, and shall be removable at the pleasure of the department or bureau head, provided, however, that both the appointment and removal of division directors shall be subject to approval by the Governor.

    Section 6. It is the intent of this order not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in this order or unless there is an irreconcilable conflict between this order and those laws.



    Section 7. If a part of this order is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this order is invalid in one or more of its applications, the part remains in effect in all valid applications.

    Section 8. Except when inconsistent with the other provisions of this order all rules, regulations and standards of the agencies involved in executive reorganization in effect on the effective date of this order, shall continue with full force and effect until they are specifically altered, amended, or revoked in the manner provided by law, unless the statutory authority for such rules is superseded by this order.

    Section 9. It is hereby declared that the sections, clauses, sentences and parts of this executive order are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if any section, clause, sentence or part of this executive order would otherwise be unconstitutional or ineffective.

    Section 10. In the event that it has been determined that a function of a transferred agency, which has not been eliminated by this order, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations or other funds have not been clearly allocated to an agency, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by this order. Any interim procedures issued in conjunction with this section shall be filed with the Secretary of state.

    Section 11. The rights, privileges and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before the effective date of this order, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of an agency in this order. The agency to which functions of another agency are transferred is substituted for that agency and succeeds to its rights and leases, indentures, and other transactions.

    Section 12. No judicial or administrative suit, action or other proceeding lawfully commenced before the effective date of this order by or against any agency or any officer of the state, in his official capacity or in relation to the discharge of his official duties, shall abate or be affected by reason of the taking effect of any reorganization under the provisions of this order. The court may allow the suit, action or other proceeding to be maintained by or against the successor of any agency or any officer affected by this order.

    Section 13. If any paii of this order is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency or a political subdivision, that part of this order has no effect and the Governor may by executive order make necessary changes to this order to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.

    Section 14. Pursuant to§ 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to make the name and title changes necessary to correlate and integrate the organizational changes made by this Executive Reorganization Order into the South Dakota Codified Laws.

    Section 15. Any provisions of law in conflict with this order are superseded.

    Section 16. Whenever a function is transferred by this order, all personnel, records, property, unexpended balai1ces of appropriations, allocations or other funds utilized in performing the function are also transferred by this order.



    Section 17. The effective date of this Executive Reorganization Order No. 2019-01 shall be ninety days after its submission to the Legislature.

Office of Indian Education is Transferred to the Department of Tribal Relations

    Section 18. The Office of Indian Education in the Department of Education is hereby transferred to the Department of Tribal Relations. The Secretary of the Department of Tribal Relations shall perform the functions of the Secretary of the Department of Education, relating to the Office of Indian Education.

    Section 19. The functions of the Indian Education Advisory Council established pursuant to § 13-1-47 shall now be performed in relation to the Department of Tribal Relations. The Secretary of Tribal Relations shall perform the functions of the former Secretary of Education relating to the Indian Education Advisory Council.

    Section 20. That § 13-1-47 be transferred to chapter 1-54 and amended to read as follows:

    13-1-47. Office of Indian Education established. The Office of Indian Education is hereby established within the Department of Education Tribal Relations. The Office of Indian Education shall support initiatives in order that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South Dakota's unique American Indian culture. The secretary of the Department of Education Tribal Relations shall appoint an Indian Education Advisory Council. The council shall consist of representatives of all nine tribes in South Dakota along with Native American educators from all parts of the state. The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes. The council members shall serve for three-year terms.

    Section 21. That § 13-1-49 be transferred to chapter 1-54 and amended to read as follows:

    13-1-49. Curriculum and coursework in South Dakota American Indian history and culture. The Department of Education, in cooperation with the Indian Education Advisory Council created in § 13-1-47, shall develop course content for curriculum and coursework in South Dakota American Indian history and culture shall consult with the Indian Education Advisory Council within the Department of Tribal Relations to develop and review the Oceti Sakowin Essential Understandings. The consultation process shall align with the standards revision cycle established by the Board of
Education Standards pursuant to § 13-3-48
.

    Section 22. That § 13-1-50 be repealed.

    Section 23. That § 13-14-16 be transferred to chapter 1-54 and amended to read as follows:

    13-14-16. Native American achievement schools grant program established. There is hereby established the Native American achievement schools grant program to be administered by the Office of Indian Education within the Department of Education Tribal Relations. The purpose of the grant program is to fund the establishment of up to three Native American achievement school projects aimed at improving academic outcomes for Native American students.

    Section 24. That § 13-14-17 be transferred to chapter 1-54.

    Section 25. That § 13-14-18 be transferred to chapter 1-54.

    Section 26. That§ 13-14-19 be transferred to chapter 1-54.

    Section 27. That§ 13-14-20 be transferred to chapter 1-54 and amended to read as follows:

    13-14-20. Determination of grant recipients and award amounts. The department, with the

assistance of a group of reviewers designated by the secretary of education tribal relations, shall determine grant recipients and award amounts utilizing a competitive process. The group of reviewers shall include three members of the Indian Education Advisory Council established pursuant to § 13-1-4 7.

    Section 28. That § 13-14-21 be transferred to chapter 1-54.

    Section 29. That § 13-14-22 be transferred to chapter 1-54.

    Section 30. That § 13-14-23 be transferred to chapter 1-54.

    Section 31. That § 13-55-72 be transferred to chapter 1-54 and amended to read as follows:

    13-55-72. Paraprofessional tuition assistance scholarship program established. There is hereby established the paraprofessional tuition assistance scholarship program to be administered by the Office of Indian Education within the Department of Education Tribal Relations. The purpose of the scholarship program is to allow the pursuit of full teacher certification by the paraprofessionals employed by qualifying schools.

    Section 32. That § 13-55-73 be transferred to chapter 1-54.

    Section 33. That § 13-55-74 be transferred to chapter 1-54.

    Section 34. That§ 13-55-75 be transferred to chapter 1-54 and amended to read as follows:

    13-55-75. Maximum term of participation in program. A person is eligible to participate in the paraprofessional tuition assistance scholarship program for up to four consecutive academic years or until the attainment of a baccalaureate degree in elementary or secondary education, whichever comes first. The secretary of education tribal relations may grant exceptions to the continuous enrollment requirement if good cause is demonstrated.

    Section 35. That§ 13-55-76 be transferred to chapter 1-54.

    Section 36. That § 13-55-77 be transferred to chapter 1-54.

The Value Added Finance Authority Oversight, The Rural Rehabilitation Assets
and Funds, The Farm Link Program, and South Dakota Certified Beef Program
be Transferred from the Department of Agriculture to the
Governor's Office of Economic Development


    Section 37. The Value Added Finance Authority oversight to issue tax exempt bonds and administer a direct loan program for small ag processing businesses and the Value Added Agricultural Sub Fund to provide funding for agricultural development studies pursuant to chapter 1-16E, The Rural Rehabilitation Assets and Funds pursuant to chapter 38-6, the Farm Link Program pursuant to chapter 38-1, and the South Dakota Certified Beef Program pursuant to chapter 39-24 are hereby transferred from the Department of Agriculture to the Governor's Office of Economic Development. The Commissioner of the Governor's Office of Economic Development shall perform the functions of the Secretary of the Department of Agriculture relating to the Value Added Finance Authority, the Rural Rehabilitation Assets and Funds, and the South Dakota Certified Beef Program.

    Section 38. Pursuant to § 2-16-9, the Code Commission and Code Counsel of the Legislative Research Council are requested to transfer the existing administrative rules relating to the Agriculture Enterprise Programs in Article 12:07, the Beginning Farmer Loan program in Article 12:21, the Agribusiness Bonding and Lending Programs in Article 12:22, and the South Dakota Certified Beef Program in Article 12:79 to the Governor's Office of Economic Development.


    Section 39. That § 1-16E-7 (7) be amended to read as follows:

    (7)    Employ fiscal consultants, engineers, attorneys, and such other consultants and employees as may be required and contract with the South Dakota Department of Agriculture Governor's Office of Economic Development to provide staff and support services;

    Section 40. That § 38-1-42 be transferred to chapter 1-53 and be amended to read as follows:

    38-1-42. Establishment of the farm link program. The farm link program is hereby established and shall be administered by the Department of Agriculture Governor's Office of Economic Development and the South Dakota Cooperative Extension Service. Under the program, the department Governor's Office of Economic Development shall create a directory of prospective beginning farmers and ranchers and a directory of available or potentially available farms and ranches, which shall be used in matching the two groups. The department Governor's Office of Economic Development may, if practicable, use the resources of the South Dakota ag enterprise program. In administering the Farm Link Program, the department Governor's Office of Economic
Development
shall attempt to cooperate with similar programs in surrounding states to provide a greater opportunity for matching the interests of entering and retiring farmers and ranchers. The department Governor's Office of Economic Development shall also make available information on farm lending opportunities.

    Section 41. That § 38-1-43 be transferred to chapter 1-53 and be amended to read as follows:

    38-1-43. Rules governing the farm link program. The Department of Agriculture Governor's Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant to § 38-1-42. The rules shall include provisions governing program eligibility and procedures for data management, applications, and program administration.

    Section 42. That § 38-6-1 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-1. Secretary of agriculture Commissioner of Governor's Office of Economic Development as state official to receive trust assets. The secretary of agriculture commissioner of governor's office of economic development is hereby designated as the state official of the State of South Dakota to make application to and receive from the secretary of agriculture of the United States, or any other proper federal official, pursuant and subject to the provisions of Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee in behalf of the South Dakota Rural Rehabilitation Corporation.

    Section 43. That § 38-6-3 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-3. Agreements for administration of trust assets by federal government. The secretary of agriculture commissioner of governor's office of economic development, with the approval of the Governor, is authorized to enter into agreements with the secretary of agriculture of the United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States, upon such terms and conditions and for such periods of time as may be mutually agreeable, authorizing the secretary of agriculture of the United States to accept, administer, expend and use in the State of South Dakota all or any part of such trust assets or any other funds of the State of South Dakota which may be appropriated for such uses for carrying out the purposes of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable provisions of Title IV thereof, as amended, and to do any and all things necessary to effectuate and carry out the purposes of said agreements.

    Section 44. That § 38-6-4 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-4. Deposit of trust assets with state treasurer--Purposes for which used. Notwithstanding any other provisions of law, funds and the proceeds of the trust assets which are not authorized to

be administered by the secretary of agriculture of the United States under the provisions of § 38-6-3 shall be received by the secretary of agriculture commissioner of governor's office of economic development under the application made pursuant to § 3 8-6-1 and by him deposited with the state treasurer for use by the secretary commissioner of governor's office of economic development for such of the rural rehabilitation purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation as may from time to time be agreed upon by the secretary
of agriculture
commissioner of governor's office of economic development with the approval of the Governor and the secretary of agriculture of the United States subject to the applicable provisions of said Public Law 499, or for the purposes of§ 38-6-3.

    Section 45. That § 38-6-5 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-5. Compromise, adjustment, and collection of claims and obligations. The secretary of agriculture commissioner of governor's office of economic development, with the approval of the Governor, is authorized and empowered to collect, compromise, adjust, or cancel claims and obligations arising out of or administered under this chapter or under any mortgage, lease, contract, or agreement entered into or administered pursuant to this chapter and, if in his judgment, necessary and advisable, pursue the same to final collection in any court having jurisdiction.

    Section 46. That § 38-6-6 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-6. Purchase and acquisition of property securing indebtedness. The secretary of agriculture commissioner of governor's office of economic development, with the approval of the Governor, is authorized and empowered to bid for and purchase at any execution, foreclosure, or other sale, or otherwise to acquire property upon which the secretary commissioner has a lien by reason of a judgment or execution, or which is pledged, mortgaged, conveyed, or which otherwise secures any loan or other indebtedness owing to or acquired by the secretary commissioner under this chapter.

    Section 47. That § 38-6-7 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-7. Operation, lease, and disposition of property purchased or acquired. The secretary of agriculture commissioner of governor's office of economic development, with the approval of the Governor, is authorized and empowered to accept title to any property purchased or acquired pursuant to§ 38-6-6; to operate or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of this chapter.

    Section 48. That § 38-6-8 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-8. Investment, transfer, and sale of securities and obligations--Purposes. The secretary of agriculture commissioner of governor's office of economic development, with the approval of the Governor, is authorized and empowered to negotiate, renegotiate, invest, reinvest, transfer, and sell securities, notes, bonds, mortgages, and other obligations, including funds and the proceeds of trust assets, in such manner and upon such terms, conditions and for such periods of time consistent with and for carrying out the purposes of this chapter and to do any and all things necessary to effectuate and carry out the purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation.

    Section 49. That § 38-6-8.1 be transferred to chapter 1-5 3 and be amended to read as follows:

    38-6-8.1. Rules for disposition of claims and administration of trust. The secretary of agriculture commissioner of governor's office of economic development, in compliance with the provisions of chapter 1-26, shall promulgate rules for disposition of claims and administration of trust assets authorized under this chapter, including all loan programs, and may adopt pursuant to chapter 1-26 such federal rules as are necessary to administer any program authorized under this chapter.


    Section 50. That § 38-6-9 be transferred to chapter 1-53.

    Section 51. That § 38-6-10 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-10. United States held free from liability. The United States and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the secretary of agriculture of the State of South Dakota commissioner of governor's office of economic development pursuant to this chapter.

    Section 52. That § 38-6-11 be transferred to chapter 38-1.

    Section 54. That§ 38-6-13 be transferred to chapter 1-53

    Section 55. That§ 38-6-14 be transferred to chapter 1-53.

    Section 56. That§ 38-6-15 be transferred to chapter 1-53 and be amended to read as follows:

    38-6-15. Earnings on value added agriculture subfund. Earnings on the value added agriculture subfund may be used by the South Dakota Department of Agriculture Governor's Office of Economic Development for the administrative costs of this program. Such earnings shall be expended in accordance with the provisions of Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of agriculture commissioner of the governor's office of economic development. Eligible expenses may not exceed total interest earnings during the previous fiscal year prior to the deduction of loan losses for the same fiscal year.

    Section 57. That § 38-6-16 be transferred to Chapter 1-53.

    Section 58. That § 10-47B-149(2) be amended to read as follows:

            (2)    Each July transfer from the amount of motor fuel tax collected from the motor fuel used for nonhighway purposes to the value added agriculture subfund created in § 38-6-13 chapter 1-53 one hundred thirty-five thousand dollars.

    Section 59. That §§ 39-24-1 and 39-24-2 be transferred to chapter 1-53.

    Section 60. That § 39-24-3 be transferred to chapter 1-53 and be amended to read as follows:

    39-24-3. Authority of Department of Agriculture Governor's Office of Economic Development--Program requirements and operation. The secretary commissioner of the Department of Agriculture Governor's Office of Economic Development may establish quality protocols, guidelines, program requirements, license fees, and license requirements and operate, supervise, and control the South Dakota Certified beef program.

    Section 61. That§ 39-24-4 be transferred to chapter 1-53 and be amended to read as follows:

    39-24-4. Use of mark, copyright, or label--Violation as felony. The use of any certification mark, trademark, service mark, copyright, or label of the South Dakota Certified beef program shall be in accordance with the terms and conditions of a valid license issued by the secretary commissioner. A violation of this section is a Class 6 felony.

    Section 62. That § 39-24-5 be transferred to chapter 1-53 and be amended to read as follows:

    39-24-5. Confidential information-Exception. Any data or financial information made or received by the secretary of agriculture commissioner of governor's office of economic development pursuant to this chapter is not public record and is exempt from the provisions of§ 1-27-1. However, the secretary commissioner may provide information gathered pursuant to this chapter to any

government agency if the information is needed for a government sponsored animal identification tracking program or for any public health or safety reason.

    Section 63. That § 39-24-6 be transferred to chapter 1-53 and be amended to read as follows:

    39-24-6. Promulgation of rules. The secretary of agriculture commissioner of governor's office of economic development may by rule promulgated pursuant to chapter 1-26, prescribe the following:

            (1)    Qualifications or conditions for using any intellectual property right, mark, or label of the South Dakota Ce1iified beef program;
            (2)    Reasonable fees for licenses and services of the program, such fees to be reasonably commensurate with the cost of developing, administering, and marketing the program;
            (3)    License application procedures, the terms and conditions of any license, and any official form the secretary deems necessary and appropriate;
            (4)    Methods and means of conducting inspections, keeping records, and otherwise insuring program compliance by participants in the program; and
            (5)    Provisions to maintain the confidentiality of business information provided to the secretary by participants in the program.

    Section 64. That § 39-24-7 be transferred to chapter 1-53 and be amended to read as follows:

    39-24-7. Enforcement by comi action--Injunctive relief. In addition to any other remedy provided by law, the secretary commissioner may proceed by suit in any court of competent jurisdiction to enforce the terms and provisions of this chapter and of any license issued pursuant to this chapter. The secretary commissioner may as a part of any such suit seek injunctive relief.

    Section 65. That§ 39-24-8 be transferred to chapter 1-53 and be amended to read as follows:

    39-24-8. Revocation of license. In addition to any other remedy provided by law, the secretary commissioner may revoke a license for cause pursuant to chapter 1-26.

    Section 66. That §§ 39-24-9 and 39-24-10 be transferred to chapter 1-53.

     Dated this 14th day of January, 2019.

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JOINT RESOLUTIONS

_______________


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CHAPTER 236

(HJR 1004)

Rescinding House Joint Resolutions
calling for a constitutional convention.


        A JOINT RESOLUTION, Rescinding House Joint Resolutions calling for a constitutional convention, or convention of the states, for the purpose of amending the Constitution of the United States.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH

DAKOTA, THE SENATE CONCURRING THEREIN:

    WHEREAS, the Legislature of the State of South Dakota, in 1907, adopted House Joint Resolution 2; in 1909, adopted House Joint Resolutions 5 and 7; and in 1971, adopted House Joint Resolution 503, making formal application to Congress to call an Article V constitutional convention for the purpose of altering the Constitution of the United States of America:

    NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Ninety-Fourth Legislature of the State of South Dakota, the Senate concurring therein, that House Joint Resolution 2, adopted in 1907; House Joint Resolutions 5 and 7, adopted in 1909; and House Joint Resolution 503, adopted in 1971, of the Legislature of the State of South Dakota, be rescinded; and

    BE IT FURTHER RESOLVED, that the secretary of state transmit copies of this resolution to the President of the United States, the Speaker and Clerk of the United States House of Representatives, the President and Secretary of the United States Senate, the members of the South Dakota congressional delegation, and the Governor of the State of South Dakota, attesting the adoption of this resolution by the Legislature of the State of South Dakota.

     Filed March 4, 2019
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INITIATED MEASURES

_______________


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CHAPTER 237

IM 24

INITIATED MEASURES


Initiated Measure 24

Prohibiting Contributions to Ballot Question Committees
by Nonresidents, Out-of-state Political Committees, and Entities
that are not Filed with the Secretary of State


    Section 1: That chapter 12-21 be amended by adding a NEW SECTION to read:

    Any contribution to a statewide ballot question committee by a person who is not a resident of the state at the time of the contribution, a political committee that is organized outside South Dakota, or an entity that is not filed as an entity with the secretary of state for the four years preceding such contribution is prohibited. If a statewide ballot question committee accepts a contribution prohibited by this section, the secretary of state shall impose a civil penalty equal to two hundred percent of the prohibited contribution after notice and opportunity to be heard pursuant to chapter l-26. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.

    Section 2. That chapter 12-27 be amended by adding a NEW SECTION to read:

    Any resident of South Dakota may report a violation of this Act, 12-27-12, 12-21-16(1), or 12-27-19 to the secretary of state, who shall investigate the alleged violation and determine whether a violation occurred. ln addition to any criminal penalty imposed under 12-21-12, 12-27-16(1), or 12-21-19, the court may impose on any person, committee, or entity found in violation of 12-27-12,

12-21-16(l) or 12-27-19 a civil penalty of five thousand dollars per violation to be deposited in the state general fund.

     Initiated Measure 24, eff. July 1, 2019

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