The effective date of most of the legislation in this volume is July 1, 2009. See SDCL 2-14-16. Legislation with other effective dates will contain the effective date as one of its provisions.
STATE AFFAIRS AND GOVERNMENT
1. SB 5 Department of Tourism and State Development statutes revised.
2. SB 155 Update earlier legislation to replace certain offensive geographic place names.
3. HB 1035 Secretary of State to redact certain identifying numbers before providing copies of information.
4. HB 1069 Fees increased for the Office of the Secretary of State.
5. HB 1081 Appropriation to defray operation costs of the 24/7 sobriety program.
6. HB 1047 Economic Development Finance Authority, board membership increased.
7. HB 1043 Tuition reimbursement for physicians and dentists.
8. HB 1301 Ellsworth Development Authority created.
9. HB 1082 The procedure to amend rules is revised.
10. SB 147 Public access to public records.
11. SB 144 State contracts to be available in written form or on an internet website.
12. SB 143 The state to continue an internet website for public records.
13. HB 1048 Environment and natural resources fee fund transfers modified.
14. HB 1033 Appropriation for an addition to the Mickelson Center.
15. SB 48 Appropriation for costs related to disasters.
16. SB 202 Bureau of Administration to report regarding energy-saving measures.
17. SB 74 The Attorney General to study the creation of a state medical examiner.
LEGISLATURE AND STATUTES
18. SB 6 Code and session laws publication revisions.
19. SB 7 Codify legislation enacted in 2008.
PUBLIC OFFICERS AND EMPLOYEES
20. HB 1013 South Dakota Retirement System, certain provisions revised.
21. HB 1014 Credited service purchase requirements changed.
PUBLIC FISCAL ADMINISTRATION
22. HB 1300 The General Appropriations Act for fiscal year ending June 30, 2010.
23. SB 117 Budget provisions relating to the receipt of certain federal funds revised.
24. SB 50 The General Appropriations Act for fiscal year 2009 revised.
PUBLIC PROPERTY, PURCHASES AND CONTRACTS
25. HB 1212 Written contract documents revised for public improvements.
26. HB 1159 Revise provisions related to price adjustments in public contracts.
27. HB 1260 A request for proposals must be issued for state contracts for professional services.
LOCAL GOVERNMENT GENERALLY
28. HB 1243 Local government ownership and use of endowment funds revised.
29. SB 183 Requirements established concerning the publication of county notices.
30. HB 1108 Purchase of stationary for county officers, certain provisions repealed.
31. SB 22 Counties may issue bonds to construct and operate solid waste management facilities.
32. SB 122 Clarify the definition of property contiguous to a municipality.
33. SB 121 Revise municipal election procedures.
34. SB 158 Authorize recall in third class municipalities.
35. HB 1148 Revise provisions related to the qualifications of city engineers.
36. HB 1119 Background checks for municipal employment.
37. HB 1145 Revise provisions related to waiver of certain special assessments.
38. HB 1136 Repeal provisions related to purchase of private water lines by a municipality.
39. SB 14 Internal Revenue Tax Code references updated.
40. SB 3 Agricultural land assessment revised.
41. SB 4 Agricultural Land Assessment Implementation and Oversight Task Force responsibilities changed.
42. SB 161 Federal income tax credits may not be used when assessing property.
. SB 80
Property tax levies for the general fund of a school district, revised.44
. HB 1197
Single-family dwellings that are under construction may be classified as owner-occupied single-family dwellings for the purpose of taxation.45
. SB 13
Title obtained by a tax deed, requirements clarified.46
. HB 1255
Revise telecommunications gross receipts tax.47
. HB 1010
Sales and use tax on telecommunications services, amended.48
. HB 1038
Certain business license fees increased.49
. HB 1022
Members of limited liability companies and partnerships liable for tax debts.50
. HB 1011
Certain tax refund permits and claim requirements revised.51
. HB 1009
Construction project tax refund procedure, revised.52
. SB 12
Construction project tax refund limited in certain areas.53
. HB 1215
Tax relief fund proceeds transferred to the general fund and the collection allowance effective date revised.54
. HB 1072
Gross receipts tax on visitor related business increased.55
. SB 21
Fuel excise tax revised.56
. SB 16
Taxation revised for biodiesel and biodiesel blends.57
. SB 86
The application of the inventory tax on certain fuels in storage.58
. HB 1080
Internet and mail order sales of cigarettes and tobacco products regulated.59
. HB 1021
Contested case hearing for the recovery of taxes that may have been overpaid.60
. SB 42
Sales tax refund on the gross receipts derived from renting mini-storage units. PLANNING, ZONING AND HOUSING PROGRAMS
61. SB 115 Revise provisions related to the modification of county comprehensive plans.
62. SB 154 New construction to comply with the building code.
63. SB 64 Energy efficiency disclosure requirements for new residential buildings.
64. HB 1184 Revise provisions related to the initiative process.
65. HB 1233 Campaign finance reporting of the expenditures of certain organizations, revised.
66. SB 180 Statements submitted by organizations making contributions to ballot questions committees, certain content required.
. HB 1020
Campaign finance requirements revised.68
. SB 110
Limited campaign finance disclosure statement, repealed.69
. HB 1019
Election statutes revised.EDUCATION
70. HB 1186 Reward school counselors for being nationally certified.
71. HB 1045 Academic Achievement Test Advisory Council repealed.
72. SB 38 School districts required to keep contiguous boundaries when reorganizing.
73. HB 1067 School district may discontinue school board representation areas.
74. HB 1213 School district group health insurance, benefits and coverage revised.
75. SB 132 Resident student determination revised for purpose of state aid.
76. HB 1254 Federal stimulus funds not included in school district's general funds.
77. SB 149 General fund property tax levies of a school district, revised.
78. SB 106 State aid to education formula regarding funds to sparse schools, revised.
79. SB 88 Sparsity funding for school districts repeal is rescinded.
80. SB 165 Private, nonprofit benevolent organizations may assist in funding certain school curricula, activities, and programs.
81. SB 140 School districts to share academic programs and facilities.
82. SB 91 Capital outlay fund expenditures for school districts, allowable use expanded.
83. SB 126 Compulsory school attendance regarding attendance in graduate equivalent degree programs.
84. SB 101 School residence of a child assigned to an approved out of district special education residential or tuition day program.
85. SB 174 Contracting school district and student assignment after reorganization.
86. SB 185 Graduation requirements revised for students entering ninth grade in 2009 and thereafter.
87. SB 190 State aid for special education formula, allocations for disabilities revised.
88. HB 1044 Career and technical education academies created.
89. HB 1149 Postsecondary institutes may offer credits or degrees if the institute has applied for accreditation.
90. HB 1074 Board of Regents expenditure authority revised.
. SB 66
Board of Regents may construct an addition to the Northern State University Joseph H. Barnett Center.92
. HB 1076
Board of Regents appropriation to replace real estate held for agriculture field laboratory research purposes.93
. SB 68
Board of Regents may establish, operate, and control research parks on state land.94
. HB 1046
Richard Hagen - Minerva Harvey memorial scholarship eligibility revised.95
. SB 39
Appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.96
. HB 1252
Education enhancement tobacco tax fund transfers repealed.97
. SB 164
General Appropriations Act for fiscal year 2009 revised to fund the South Dakota Opportunity Scholarship.98
. HB 1183
Appropriation and authorization for construction of West River Higher Education Center and other facilities.CIVIL PROCEDURE
99. HB 1101 Affidavit may be used for change of judge in habeas corpus proceedings.
100. SB 99 Supreme Court authorized to make rules related to collection of fees, costs, and civil penalties assessed by local government.
COURTS AND JUDICIARY
101. HB 1066 Supreme Court responsibilities revised regarding the Commission on Judicial Qualifications.
102. HB 1097 Filing fees and surcharges modified for certain civil actions.
103. HB 1085 Magistrate judge jurisdiction revised.
104. HB 1163 Persons 80 years of age and older may be excused from jury service.
105. SB 78 Unified Judicial System report regarding drug courts and correctional issues.
NOTICE AND PUBLICATION
106. HB 1134 Notice of the cost of certain publications required.
107. SB 123 Statements of children, rules of evidence revised.
PERSONAL RIGHTS AND OBLIGATIONS
108. HB 1138 The Commission on the Status of Women, statutory authority repealed.
109. HB 1246 Service of garnishee summons, affidavit, and garnishment disclosure.
110. HB 1086 Affidavit required in garnishment proceedings.
111. HB 1034 Earnings subject to garnishment, revised.
112. HB 1110 Year 2000 litigation statutes repealed.
113. HB 1017 Escape redefined.
114. SB 108 Parole agents may carry concealed weapons.
115. SB 173 The elements of the crimes of vehicular homicide and vehicular battery, revised.
116. HB 1153 The elements of the crime of indecent exposure, revised.
117. HB 1079 Sex offender registry revised.
118. HB 1275 Electronic bingo devices authorized.
119. HB 1090 Possession of Salvia divinorum prohibited.
120. HB 1166 Postconviction DNA testing for certain inmates.
121. SB 33 Concealed weapon permit requirements revised.
122. SB 70 Forty-eight hour waiting period to purchase a pistol, repealed.
123. SB 131 Sheriff may order an autopsy.
124. HB 1087 Peremptory challenges in certain felonies, a change in the number allowed.
125. HB 1207 Criminal sentence may be reduced if the criminal provides substantial assistance to investigators of other crimes.
126. HB 1155 Testing of blood samples of suspects of sexual assault to be completed within a specified time.
PENAL INSTITUTIONS, PROBATION AND PAROLE
127. HB 1016 Rules of evidence do not apply to Board of Pardons and Paroles proceedings.
128. HB 1015 Inmate appeal of prison disciplinary actions, procedure clarified.
129. HB 1271 Minimum security and parole facility in Rapid City.
130. SB 65 Child support revisions.
131. HB 1089 Discretion allowed when ordering hearings on protection order petitions.
132. HB 1088 Ex parte temporary protection orders may be continued to a date certain.
133. HB 1122 Prosecutors required to notify victims of domestic abuse regarding the status of their case.
134. SB 73 Minors may donate blood with parental consent.
135. SB 186 Late payment fee for unpaid child support.
136. SB 15 Confidentiality or release of child abuse or neglect information revised.
137. HB 1084 Special advocate may be appointed to represent an abused or neglected child.
DEVELOPMENTALLY DISABLED PERSONS
138. SB 46 Adjustment training centers redefined.
139. SB 45 The use of seclusion revised as it relates to treatment.
PUBLIC WELFARE AND ASSISTANCE
140. HB 1237 Appropriation to fund certain property and sales tax refunds and revise the sales tax on food refund program.
141. HB 1123 Felony drug offenders may be eligible for public assistance.
142. HB 1253 Administration revised of the catastrophic county poor relief fund.
143. HB 1139 Obsolete provisions repealed relating to the discontinuance of county homes.
HIGHWAYS AND BRIDGES
144. SB 30 State trunk highway map maintained by the Department of Transportation.
145. SB 23 State trunk highway system modified.
146. SB 129 State trunk highway system regarding an extension of Highway 53.
147. SB 119 Political subdivisions may transfer highway rights-of-way under certain conditions.
148. HB 1121 Revise certain procedural requirements related to the relocation of electrical and communication lines and pipelines.
149. SB 151 Special motor vehicle license plate for parents of members of the United States Armed Forces.
. HB 1037
Certain license plate fees increased.151
. HB 1133
Specialty license plates maybe placed on motorcycles.152
. SB 32
Motor vehicle fees increased.153
. HB 1150
Motorcycle sales at an event, requirements revised.154
. SB 17
Driver licensing provisions revised.155
. HB 1202
Persons with insulin-treated diabetes mellitus may have an endorsement on a commercial driver license to drive a school bus.156
. HB 1024
Operation of off-road vehicles operated in road ditches regulated.157
. HB 1214
Speed restrictions removed for certain vehicles hauling agricultural products or livestock.158
. HB 1023
Limited speed zones through work areas created.159
. SB 107
Person's with disabilities parking space, notice requirements changed.MILITARY AFFAIRS
160. HB 1025 Veteran's service officers basic salary increased.
161. HB 1270 Veterans affairs special revenue fund, use revised.
162. HB 1031 Veteran's grave markers and headstones, allowable expense increased.
PUBLIC HEALTH AND SAFETY
163. SB 35 Assisted living center, definition revised.
164. SB 36 License, inspections, and drug registration fees increased related to health care facilities.
165. HB 1040 Food service, lodging, and campgrounds revisions for licensing, registration, and fees.
166. HB 1032 Alcohol and drug abuse prevention and treatment facilities redefined.
167. SB 37 Civil immunity for volunteers in the Statewide Emergency Registry of Volunteers for South Dakota program.
168. SB 130 Written consent required for the issuance of certain disinterment permits.
169. SB 69 Fire equipment shop requirements changed.
170. SB 100 Revise method of sale for certain tobacco products.
171. HB 1240 Smoking tobacco prohibited.
172. HB 1280 Ignition propensity standards for cigarettes set.
173. HB 1211 Time period for the sale of alcoholic beverage revised.
174. HB 1268 Unlimited number of alcoholic beverage retail licenses that may be held by any person, corporation, or business.
175. SB 77 Maximum number of off-sale alcoholic beverage licenses that may be issued to any person, corporation, or business entity, limit revised.
176. SB 90 Off-sale alcoholic beverage licensee may offer limited samples of beverages.
177. HB 1026 On-sale alcoholic beverage license for full-service restaurants, requirements revised.
PROFESSIONS AND OCCUPATIONS
178. HB 1041 Limited permit to practice medicine.
179. SB 76 Revise requirements for licensing of optometrists.
180. HB 1042 Medical licensing exam time period extended.
181. HB 1205 Responsible broker's license applicant may complete additional education requirement after applying.
182. HB 1056 Branch schools allowed for cosmetology education programs.
183. SB 128 Special electricians license established.
184. SB 8 Professions and occupations licensing fees promulgated by rule revised.
185. HB 1058 Practice privileges revised for certified public accountants licensed in other states.
186. HB 1115 Real estate broker associates education requirements increased.
187. HB 1116 Broker associate continuing education requirements increased.
188. HB 1114 Real estate broker may form certain business entities under certain conditions.
189. HB 1095 Unprofessional conduct revised for a real estate licensee.
190. HB 1094 Criminal background checks for certain real estate professionals.
191. HB 1028 Real estate appraiser regulation modified.
192. HB 1124 Improper influence regarding real estate appraisals prohibited.
193. SB 160 Grounds for which a license of an athletic trainer may be revoked, suspended, or canceled.
194. HB 1092 Genetic counseling regulated.
195. SB 31 Labeling requirements for gasoline or gasoline blends revised.
AGRICULTURE AND HORTICULTURE
196. SB 56 Grain dealer definition changed.
197. HB 1070 Seed permits and nursery certificates of inspection, fees increased.
198. HB 1173 Appropriate money for the Northern Crops Institute.
199. SB 47 Appropriation for costs related to suppression of wildfires.
200. SB 52 Appropriation from the Coordinated Natural Conservation Fund.
FOOD AND DRUGS
201. HB 1111 Sale of milk regulations clarified.
ANIMALS AND LIVESTOCK
202. SB 105 Provide for oversight of Brand Board.
203. HB 1063 Out-of-state brands on cattle sold in the livestock inspection area, requirements changed.
204. HB 1062 Reward increased for information on livestock thefts.
205. HB 1071 Milk plant and dairy farm fees, licenses and requirements changed.
GAME, FISH, PARKS, AND FORESTRY
206. SB 1 Game, Fish and Parks statutes cleanup.
207. HB 1152 Real property appraisals by Game, Fish and Parks must be at market value.
208. HB 1004 Mountain lions may be killed to protect persons or property.
209. HB 1104 Hunting and fishing privileges may be revoked for consecutive years.
210. HB 1054 Designated hunter allowed for youth licensees who possess a disabled hunter permit.
211. HB 1051 Lawfully taken preserved or mounted fish may be sold.
212. HB 1053 Resale of seized or abandoned property allowed.
213. HB 1001 Access to state parks for certain persons with disabilities.
214. SB 51 Drug screening program for applicants and employees of the Wildland Fire Suppression Division.
215. HB 1055 Department of Game, Fish and Parks may sell property at the Cleghorn Fish Hatchery.
RECREATION AND SPORTS
216. HB 1083 South Dakota Commission on Gaming may assess costs of special meeting.
217. HB 1251 Additional tax on proceeds from Deadwood gaming imposed.
218. HB 1118 Slot machines that may be owned or leased by the City of Deadwood, revised.
219. HB 1239 The South Dakota Boxing Commission created.
220. HB 1265 Attorney fees allowed in actions involving the disclosure statement required for certain real estate transfers.
221. SB 141 Requirements established for siting wind energy systems.
222. HB 1112 Mortgages on wind easements apply to the easement holder, not the property owner.
223. SB 184 Wind easements to accommodate other easements for wind or essential services.
224. HB 1231 The exemption on the proceeds of the sale of certain homesteads, increased.
225. SB 84 Collateral real estate mortgages, requirements revised.
MINING, OIL, AND GAS
226. SB 40 Accidental releases of chemical or biological ore leaching agents from mines, financial assurance requirements increased.
227. HB 1093 James River Water Development District boundaries revised.
228. HB 1117 Authorize water user districts to provide certain health insurance coverage.
229. HB 1238 Appropriations for various water and environmental purposes.
230. SB 136 Provision repealed that requires cooperatives to set aside a portion of net proceeds as an education fund.
231. SB 187 Allow cooperatives to merge with subsidiaries.
232. SB 96 Indemnification of employees, officers, and agents of rural electric cooperatives.
233. SB 133 Central filing of documents to perfect a security interest in property of a rural electric cooperative.
234. HB 1103 Judgment creditor rights relative to certain business organizations.
PUBLIC UTILITIES AND CARRIERS
235. SB 62 Public Utilities Commission delegation of authority repealed.
236. HB 1140 Appropriation from the railroad trust fund for the construction of a railroad siding.
237. SB 18 Federal references updated relating to motor carrier safety and transportation of hazardous materials.
238. HB 1126 Private applicator of pesticides may be a qualified driver for the purpose of motor carrier safety.
239. HB 1263 Compensation for service rights of electric utilities in areas annexed by municipalities.
240. SB 60 Public Utilities Commission to implement and comply with a federal energy act.
241. SB 57 Energy efficiency and conservation may count toward the state's renewable and recycled energy objective.
242. SB 61 Federal regulation references updated regarding the pipeline safety inspection.
243. HB 1129 Pipeline integrity for pipelines used to transport carbon dioxide.
244. HB 1177 Transmission facility definition revised.
245. SB 59 Filing fee for the siting of energy facilities increased.
246. SB 58 Notification of construction of a wind energy project required.
247. SB 54 Rate setting revised for grain warehouse operators.
248. SB 55 The licensing and regulation of grain buyers, revised.
249. SB 53 Financial documents revised for a grain buyer's license.
BANKS AND BANKING
250. SB 159 Bank name restrictions revised.
DEBTOR AND CREDITOR
251. HB 1060 Mortgage lender business regulation updated.
FIDUCIARIES AND TRUSTS
252. SB 127 Administration of trusts.
UNIFORM COMMERCIAL CODE
253. HB 1167 Statute of frauds to include the sale of certain grains.
254. SB 89 Revised uniform commercial code, Article 7- Documents of Title, adopted.
. HB 1036
Uniform Commercial Code redaction of certain numbers before copies are provided.256
. HB 1018
Annual report filing fee fund identified and certain funds deposited.INSURANCE
257. SB 24 Insurance claim files, time period to retain increased.
258. HB 1099 Insurance coverage for residential property destroyed while under construction.
259. HB 1158 Private placement life insurance policies.
260. SB 148 Insurance may be cancelled when a person does not participate in the 24/7 sobriety program.
261. SB 29 Group life insurance policies, replacement or discontinuance requirements revised.
262. HB 1030 Actuarial certifications, annual filing not required.
263. SB 20 Lifetime benefit maximum increased for the risk pool.
264. SB 109 Risk pool revised to allow uninsurable children to enroll and provide for additional funding.
265. SB 19 Group health insurance policies continuation and conversion not required under certain conditions.
266. SB 28 Coordination of benefits and recision of health insurance provisions repealed.
267. HB 1029 Property casualty insurance rate filing exception allowed.
268. HB 1100 Business records to be maintained for insurance producers.
269. SB 27 Limited or restricted insurance licenses, provisions regarding renewal revised.
270. HB 1027 Employer insurance assistance programs regulated.
271. HB 1050 Financial reporting requirements of insurance companies, annual requirements changed.
272. HB 1049 Captive insurance company requirements changed.
273. HB 1176 Unemployment compensation benefits base period modified.
274. HB 1057 Worker's compensation burial expenses increased.
SUPREME COURT RULES AND ORDERS
275. 08-05 In the Matter of the Amendment of SDCL 15-12-27.
. 08-06 In the Matter of the Amendment of the Appendix to chapter 16-1A, Rule VI.277
. 08-07 In the Matter of the Amendment of SDCL 16-13-31.1.278
. 08-08 In the Matter of the Amendment of SDCL 25-4A-16.1.279
. 08-09 In the Matter of the Adoption of a New Rule to be Designated at SDCL 15-26A-70.1.280
. 09-01 In the Matter of the Amendment of SDCL 15-6-6(a).281
. 09-02 In the Matter of the Amendment of SDCL 15-6-6(e).282
. 09-03 In the Matter of the Amendment of SDCL 16-19-29.283
. 09-04 In the Matter of the Amendment of SDCL 16-19-99.284
. 09-05 In the Matter of the Amendment of SDCL 15-6-5(j).TOPICAL INDEX
BILL NUMBER TO CHAPTER NUMBER CROSS-REFERENCE TABLE
ENACTED, AMENDED, AND REPEALED SECTIONS TABLE