2020 Table of Contents

The effective date of most of the legislation in this volume is July 1, 2020. See SDCL 2-14-16. Legislation with other effective dates will contain the effective date as one of its provisions.

 

SOUTH DAKOTA CONSTITUTION

1. SJR 501 Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota, providing for wagering on sporting events and to revise provisions regarding certain municipal proceeds of gaming revenues.

STATE AFFAIRS AND GOVERNMENT

2. SB 81 establish eligibility criteria for out-of-state health institutions to receive financing from the Health and Educational Facilities Authority.

3. SB 192 create the small business economic disaster relief subfund, to provide for the transfer of certain funds into the subfund, to authorize the Economic Development Finance Authority to make a grant to the subfund, to provide for the continuous appropriation of the subfund, and to declare an emergency.

4. SB 45 transfer the functions of the South Dakota Value Added Finance Authority to the South Dakota Economic Development Finance Authority and the South Dakota Board of Economic Development and to abolish the South Dakota Value Added Finance Authority.

5. SB 62 revise the membership and responsibilities of the South Dakota Board on Geographic Names.

6. SB 2 require the Department of Social Services to fully support a statewide centralized resource information system.

7. SB 146 revise provisions related to tribal identification cards.

LEGISLATURE AND STATUTES

8. SB 180 repeal and revise certain provisions regarding the petition circulation process.

9. HB 1164 codify legislation enacted in 2019.

10. HB 1110 provide for a uniform template to be used by each state agency in the conduct of performance management reviews.

11. HB 1002 revise certain provisions regarding documents of the Legislature.

PUBLIC OFFICERS AND EMPLOYEES

12. SB 31 revise and repeal certain provisions relating to the South Dakota Retirement System.

13. SB 9 repeal the Department of Labor and Regulation's retirement plan and to transfer plan members and funds to the South Dakota Retirement System.

14. SB 34 establish a qualified benefit preservation arrangement for eligible members of the South Dakota Retirement System.

15. SB 32 revise certain provisions regarding the administration of certain family and surviving spouse benefits of the South Dakota Retirement System.

16. HB 1040 increase the frequency of background investigations for certain state employees.

17. SB 186 revise certain leave policies for state employees.

18. HB 1041 revise provisions authorizing state employees to opt-out of the state employee health plan and to declare an emergency.

19. HB 1039 revise the rule-making authority of the Human Resources Commissioner regarding the drug screening program for certain state employees.

PUBLIC FISCAL ADMINISTRATION

20. HB 1105 revise certain provisions regarding restrictions on State Investment Council members.

21. HB 1106 authorize the state investment officer to include an indemnity provision in certain investment-related documents.

PUBLIC PROPERTY, PURCHASES AND CONTRACTS

22. SB 135 increase the bid limit for certain public improvements.

23. HB 1264 revise provisions regarding the procurement of public improvements.

COUNTIES

24. SB 91 revise provisions regarding the salary for state's attorneys.

TOWNSHIPS

25. HB 1144 remove the requirement for a ballot election in township elections if candidates are unopposed.

MUNICIPAL GOVERNMENT

26. SB 61 revise certain provisions regarding a municipal office nominating petition.

27. HB 1165 revise provisions regarding the acceptance of gifts by municipalities.

28. HB 1075 repeal certain outdated provisions regarding annexation near airports.

29. SB 161 exempt certain real property from the special maintenance fee levy.

30. SB 137 revise provisions for repair, replacement, and construction of sidewalks within a municipality.

TAXATION

31. HB 1043 revise the property tax levies for the general fund of school districts and to revise the state aid to education formula.

32. HB 1019 revise certain references to the Internal Revenue Code.

33. HB 1034 make an appropriation to fund tax refunds for elderly persons and persons with a disability, and to declare an emergency.

34. SB 80 revise certain sheriff's fees and costs.

35. HB 1020 revise certain provisions regarding the use of exemption certificates.

36. SB 25 establish certain requirements to maintain state compliance with the Master Settlement Agreement.

37. HB 1006 authorize the secretary of revenue to contract with certain entities for purposes of creating or maintaining a database to determine agricultural income value and to specify the mandatory and permissive data of the database.

38. HB 1007 require certain adjustments to the assessed value of agricultural land if factors impact the land's productivity and to require those adjustments to be documented.

39. HB 1259 clarify provisions regarding the discretionary formula for determining the assessed value of property for tax purposes.

40. HB 1279 require property owners to receive notification of property tax reduction programs.

PLANNING, ZONING AND HOUSING PROGRAMS

41. SB 157 revise certain provisions regarding the county zoning and appeals process.

42. HB 1120 authorize the governing body of a second or third class municipality to act as a planning and zoning commission.

43. HB 1260 revise provisions regarding tax increment districts.

ELECTIONS

44. HB 1052 change a reference from a secondary election to a runoff election to maintain consistency in terms.

45. HB 1049 establish a maximum on the number of words contained in a statement of a proponent or opponent for the ballot question pamphlet.

46. HB 1053 revise certain provisions regarding the submission process for ballot measures.

47. SB 128 revise entities who may contribute to a political committee.

48. HB 1055 revise certain provisions regarding the termination of a political committee under certain circumstances.

49. HB 1054 revise the documentation required for voter registration.

50. HB 1051 revise certain provisions regarding public access to voter registration data.

51. SB 74 revise provisions regarding legislative candidates.

52. SB 183 revise the signature requirements for the nominating petitions for certain elected offices.

EDUCATION

53. HB 1031 revise certain provisions regarding school district fiduciary funds.

54. SB 174 revise the purposes for which a school district's capital outlay fund may be used.

55. SB 170 revise certain provisions regarding school district capital outlay funds.

56. SB 188 account for educational opportunities provided to students during a state of emergency and to declare an emergency.

57. SB 142 establish certain restrictions regarding the state subsidized dual credit program.

58. HB 1228 include children with a hearing loss in the reporting criteria required for deaf and hard-of-hearing children.

59. HB 1042 revise the special education property tax levy for school districts and to revise the state aid to special education formula.

60. HB 1175 define dyslexia for the purposes of special education and related services.

61. HB 1083 rename the postsecondary technical institutes as technical colleges.

62. HB 1032 revise the authority of the Board of Education Standards to promulgate rules regarding certification.

63. SB 147 prohibit collective bargaining by certain employees of the Board of Regents.

64. HB 1030 revise certain provisions regarding the Board of Technical Education.

65. HB 1069 authorize certain veterans to attend courses offered at postsecondary technical institutes without payment of tuition.

66. SB 167 revise a provision regarding eligibility for the South Dakota opportunity scholarship.

67. SB 39 establish the Jobs for South Dakota's Graduates program and the special donation fund.

68. HB 1255 remove the requirement for a mandatory appraisal in exchanges of land between school districts.

COURTS AND JUDICIARY

69. HB 1086 repeal certain fees charged by a clerk of courts.

PERSONAL RIGHTS AND OBLIGATIONS

70. HB 1216 revise certain provisions regarding sexual harassment.

71. SB 84 authorize service animals in-training to enter certain establishments.

72. SB 140 provide for the resolution of alleged certain disability violations.

73. HB 1199 revise civil liability for riot and incitement to riot.

JUDICIAL REMEDIES

74. HB 1067 modify certain provisions regarding notice, service, and execution of judgments in forceable entry and detainer actions.

75. SB 73 exempt certain persons from the requirement to publish name changes.

76. HB 1088 create a penalty for violation of a vulnerable adult protection order and to revise certain provisions regarding protection orders.

77. HB 1108 adopt the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act.

CRIMES

78. HB 1117 repeal and revise certain provisions regarding riot, to establish the crime of incitement to riot, and to revise provisions regarding civil liability for riot and riot boosting.

79. SB 151 define critical infrastructure and revise certain crimes for the trespass or damage to critical infrastructure.

80. SB 98 extend the notification period for possession of a concealed pistol in the state capitol.

81. SB 169 authorize the possession of a concealed pistol by employees in county courthouses.

82. HB 1119 include certain offenses committed in another state for purposes of an enhanced penalty.

83. HB 1068 include out-of-state convictions for the basis of an enhanced penalty for the crime of stalking.

84. HB 1065 revise drone surveillance protections.

85. HB 1103 authorize the forensic medical examination of certain minor victims without parental or guardian consent.

86. HB 1244 authorize forensic medical examinations for certain persons.

87. SB 47 revise certain provisions regarding sex offender registration statutes.

88. HB 1195 provide for the dismissal of charges against pregnant women for certain controlled substance offenses under certain circumstances.

89. HB 1047 revise certain provisions regarding human trafficking.

LAW ENFORCEMENT

90. SB 27 establish a missing persons clearinghouse.

91. SB 26 increase the assessment of liquidated court costs and to revise the disposition of the funds collected.

92. HB 1074 revise certain provisions regarding the required time that sexual assault kits be preserved.

93. SB 120 establish exceptions regarding the possession of a pistol by a minor.

94. HB 1138 establish shooting course requirements for current or former law enforcement officers seeking an enhanced permit to carry a concealed pistol.

95. HB 1242 provide for the reissuance of certain enhanced permits to carry a concealed pistol and to declare an emergency.

96. HB 1182 provide for the renewal of an enhanced permit to carry a concealed pistol.

CRIMINAL PROCEDURE

97. SB 46 revise provisions related to the restoration to competency of criminal defendants.

98. HB 1089 provide for the discharge of certain persons who received a suspended imposition of sentence for a misdemeanor.

99. SB 44 authorize the use of crime victims' compensation funds to reimburse law enforcement for certain emergency expenses incurred for victims.

100. SB 89 revise provisions regarding victim's rights.

101. SB 71 revise the offenses for which an order for interception of communications may be granted.

102. SB 136 authorize certain witnesses to be accompanied by a certified therapeutic dog in a criminal proceeding.

103. SB 176 provide for the seizure and holding of real property as evidence.

DOMESTIC RELATIONS

104. HB 1097 modify requirements for a marriage license.

105. HB 1140 provide for a regular review of parenting guidelines.

106. HB 1205 revise provisions regarding a custodial parent relocating a minor child.

MINORS

107. SB 20 create a monitor to review and respond to complaints related to the care provided to youth in the custody or care of certain care facilities, treatment centers, and programs.

108. HB 1206 revise certain provisions regarding the commitment of a delinquent child to the Department of Corrections.

109. HB 1207 extend the termination date for the Juvenile Justice Public Safety Oversight Council.

MENTALLY ILL PERSONS

110. SB 4 provide for the designation of an appropriate regional facility by the Department of Social Services.

111. SB 1 provide for the use of electronic communication in the involuntary commitment process and to declare an emergency.

112. HB 1011 require certain examinations of persons awaiting involuntary commitment hearings.

113. HB 1010 revise provisions regarding testimony of qualified mental health professionals at involuntary commitment hearings.

114. HB 1009 revise provisions regarding failure to comply with outpatient commitment or treatment orders.

115. SB 5 provide immunity for qualified mental health professionals at appropriate regional facilities.

PUBLIC WELFARE AND ASSISTANCE

116. SB 96 prohibit the denial of benefits based solely on a controlled substance felony.

MOTOR VEHICLES

117. SB 113 revise certain provisions regarding instruction permits and restricted minor's driving permits.

118. SB 70 authorize the use of Spanish in obtaining certain driver licenses and permits.

119. HB 1170 revise provisions regarding the use of certain lights by tow truck vehicles and Department of Transportation authorized vehicles.

120. HB 1092 provide for an assumption of risk by any person engaged in off-road vehicle activity and to limit the liability of the renters of off-road vehicles under certain circumstances.

121. HB 1094 repeal certain provisions regarding permits for concealed pistols.

122. HB 1084 increase the maximum allowable height of certain vehicles carrying baled feed and to declare an emergency.

123. SB 21 authorize temporary variable speed limits on state highways under certain circumstances.

124. HB 1169 prohibit the use of certain electronic devices while driving.

125. HB 1077 establish certain requirements regarding funeral processions.

126. SB 15 revise certain provisions regarding the retention of motor vehicle title documents by the Department of Revenue.

127. SB 164 revise the penalties and provisions regarding approaching stopped vehicles.

128. HB 1079 authorize a county to assess an administration fee for the processing of certain title applications.

129. HB 1208 revise provisions regarding the titling of motor vehicles.

130. SB 97 title vehicles older than thirty years with no existing record.

131. SB 52 create a state seal specialty plate emblem.

132. SB 149 revise provisions regarding emblem specialty plates.

133. SB 69 revise the penalty for the misuse of emblem specialty plates on motor vehicles.

134. HB 1061 exempt vehicles owned by improvement districts from certain vehicle registration fees.

135. HB 1154 revise certain provisions regarding motor vehicle license plates.

136. SB 14 revise registration requirements for motor vehicles, motorcycles, snowmobiles, trailers, and semitrailers.

137. HB 1022 revise certain provisions regarding dealer licenses for motor vehicle, snowmobile, and boat sales.

138. HB 1082 revise the conditions under which a licensed vehicle dealer may display or sell certain vehicles.

139. HB 1023 permit the secretary of revenue to issue cease and desist orders and to impose a civil penalty on certain public auctions.

VETERANS AFFAIRS

140. SB 156 repeal provisions regarding the South Dakota Veterans Commission.

PUBLIC HEALTH AND SAFETY

141. SB 139 revise provisions regarding replacement nursing facilities.

142. SB 160 authorize the construction and operation of a nursing home facility in Moody County, South Dakota, and to declare an emergency.

143. HB 1125 revise conditions for selling non-temperature-controlled baked goods without license.

144. HB 1014 place certain substances on the controlled substances schedule and to declare an emergency.

145. HB 1295 revise provisions regarding contagious disease control and enforcement and to declare an emergency.

146. HB 1038 revise certain provisions regarding manufactured home construction and safety standards.

147. HB 1129 authorize the provision of telecommunications device location information to law enforcement agencies.

148. HB 1063 revise certain provisions regarding the purchase, distribution, and sale of tobacco products to persons under the age of twenty-one.

149. HB 1296 revise the authority of the Governor in times of a disaster, act of terrorism, or emergency and to declare an emergency.

150. SB 56 authorize the collection of certain search and rescue service costs.

151. HB 1005 revise certain provisions regarding the use of telehealth technologies.

152. HB 1056 authorize video monitoring of residents in assisted living centers and nursing facilities.

ENVIRONMENTAL PROTECTION

153. SB 54 regulate the use of auxiliary containers.

154. HB 1026 revise certain provisions relating to use of security for cleanup and remediation of environmental problems.

ALCOHOLIC BEVERAGES

155. HB 1081 exempt from alcoholic beverage regulations certain uses of alcohol by postsecondary institutions.

156. HB 1073 authorize special event alcohol licenses for full-service restaurant licensees.

PROFESSIONS AND OCCUPATIONS

157. SB 60 adopt the Physical Therapist Licensure Compact.

158. SB 13 revise certain educational requirements for the practice of barbering.

159. SB 10 revise certain provisions regarding cosmetology licensees.

160. HB 1070 modify requirements regarding the installation and inspection of certain electrical wiring.

161. SB 12 revise certain provisions regarding comity licensure in the technical professions.

162. SB 28 repeal provisions regarding the restricted real estate broker's license for auctioneers and to revise certain provisions regarding real estate licensing.

163. HB 1126 provide authority for real estate brokers to conduct real property evaluations.

164. HB 1127 revise provisions regarding real estate appraisers.

165. SB 18 revise certain provisions regarding professional counselors.

166. SB 19 revise certain provisions regarding marriage and family therapists.

167. HB 1048 revise certain requirements for certain advisory committees under the Board of Medical and Osteopathic Examiners, Board of Nursing, and Board of Social Work Examiners.

168. SB 23 repeal the high school graduation or equivalent requirement for certain licensed professionals.

169. SB 50 revise certain provisions regarding the practice of a certified registered nurse anesthetist.

TRADE REGULATION

170. HB 1037 update the adoption of certain American Society for Testing and Materials and National Institute of Standards and Technology standards and certain federal regulations.

171. HB 1131 prohibit the use of misleading identification for telephonic communications.

172. HB 1091 revise provisions regarding the compensation of merchandise dealers for diagnostic and warranty work.

AGRICULTURE AND HORTICULTURE

173. HB 1028 revise certain provisions regarding pesticide registration and application.

174. SB 22 to revise certain provisions regarding pesticide registration, pesticide application, and enforcement of pesticide laws.

175. SB 24 revise the fees for pesticide registration, private applicator licenses, commercial applicator licenses, and pesticide dealer licenses.

176. HB 1008 legalize the growth, production, and transportation of industrial hemp in the state, to make an appropriation therefor, and to declare an emergency.

177. HB 1124 provide for an increase in the assessment against certain treated land.

ANIMALS AND LIVESTOCK

178. HB 1112 authorize the hiring of law enforcement officers by the South Dakota State Brand Board and to declare an emergency.

179. HB 1181 revise certain provisions regarding bounties for coyotes.

GAME, FISH, PARKS AND FORESTRY

180. SB 124 to revise provisions regarding group pheasant hunts for disabled veterans.

181. HB 1033 provide for the prevention of aquatic invasive species contamination in public waters and to declare an emergency.

182. SB 150 revise nonresident waterfowl licensure.

183. HB 1184 provide limited deer and antelope licenses to landowners.

184. HB 1095 revise requirements regarding hunting mentors.

185. SB 75 provide for a habitat stamp on hunting and fishing licenses.

186. SB 162 provide limitations on the use of lighting equipment while hunting.

187. HB 1059 revise certain provisions regarding hunting with drones.

188. HB 1257 revise certain provisions regarding hunting, fishing, or trapping on private property without permission.

RECREATION AND SPORTS

189. HB 1021 revise certain provisions regarding the South Dakota Lottery Commission.

PROPERTY

190. HB 1123 revise provisions regarding termination of a lease by a victim of alleged domestic abuse.

191. HB 1246 revise the attorney's fees allowed in a retaliation action against a lessor.

192. HB 1178 revise the seller's property condition disclosure statement.

MINING, OIL AND GAS

193. HB 1025 revise certain provisions regarding plugging and performance bonds for oil and gas wells.

WATER MANAGEMENT

194. HB 1035 make an appropriation from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to revise the water resources projects list, and to declare an emergency.

195. HB 1166 revise provisions regarding the appointment of inactive watershed district boards and the reactivation of watershed districts and to declare an emergency.

196. HB 1058 revise certain provisions regarding water development districts.

CORPORATIONS

197. HB 1114 authorize additional abbreviations in naming corporations, limited liability companies, and limited liability partnerships.

198. HB 1113 provide for remote participation in a shareholders' meeting.

199. HB 1109 revise the Uniform Limited Liability Company Act.

200. HB 1179 authorize series limited liability companies.

PUBLIC UTILITIES AND CARRIERS

201. SB 30 update references to certain federal motor carrier regulations.

202. HB 1080 revise certain provisions regarding grain buyers.

203. HB 1066 revise and repeal provisions regarding aviation.

BANKS AND BANKING

204. HB 1015 revise certain provisions regarding banks.

205. HB 1016 revise certain provisions regarding money transmission.

FIDUCIARIES AND TRUSTS

206. SB 65 revise certain provisions pertaining to trusts.

INSURANCE

207. SB 119 revise certain provisions regarding private placement insurance.

208. SB 181 revise provisions regarding health benefit plans.

209. SB 155 provide for step therapy protocol regarding certain prescription drugs.

210. HB 1018 revise certain provisions regarding life and health insurance insolvencies.

211. SB 11 revise certain provisions regarding third party insurance plan administrators.

212. HB 1017 provide for certain insurer corporate governance disclosure requirements.

213. SB 8 revise certain provisions regarding insurance holding companies.

AGENCY

214. SB 148 adopt the Uniform Power of Attorney Act.

REEMPLOYMENT ASSISTANCE

215. SB 187 revise certain provisions regarding reemployment assistance benefits in response to Coronavirus Disease 2019 and to declare an emergency.

UNCODIFIED ACTS

216. SB 16 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.

217. SB 17 make an appropriation for the plugging and surface reclamation of natural gas wells and to declare an emergency.

218. SB 33 authorize the Department of the Military to construct a storage building located in Brown County, to make an appropriation therefor, and to declare an emergency.

219. SB 35 revise the appropriation for the State Veterans' Cemetery and to declare an emergency.

220. SB 36 transfer funds from the budget reserve fund and to declare an emergency.

221. SB 37 make an appropriation for costs related to disasters in the state and to declare an emergency.

222. SB 38 revise the General Appropriations Act for fiscal year 2020.

223. SB 40 authorize the Board of Regents to contract for the construction of an Allied Health Facility and the demolition of Julian Hall and the Julian Hall Addition to the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

224. SB 41 authorize the Board of Regents to contract for the construction of a facilities building at the University of South Dakota and to make an appropriation therefor.

225. SB 42 authorize the Board of Regents to demolish three storage structures and contract for the construction of a grounds facility at the University of South Dakota and to make an appropriation therefor.

226. SB 43 authorize the South Dakota Building Authority to issue revenue bonds to provide for maintenance and repair on facilities controlled by the Board of Regents and to provide appropriation therefor.

227. SB 55 require the Board of Regents to assemble a task force to study the operations and functions of the institutions of higher education under the board's authority.

228. SB 189 provide exemptions from certain requirements for the 2019-2020 school year and to declare an emergency.

229. SB 190 revise certain driver licensing requirements to allow for an extension during a statewide emergency or disaster and to declare an emergency.

230. SB 193 revise Senate Bill 38, An Act to revise the General Appropriations Act for fiscal year 2020, as previously enacted by the Ninety-fifth Session of the South Dakota Legislature.

231. HB 1024 make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

232. HB 1027 make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

233. HB 1029 make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

234. HB 1044 make an appropriation to the Board of Regents to fund the development of the Cyber Incubator and Entrepreneurial Center at Dakota State University and to declare an emergency.

235. HB 1045 authorize the Board of Regents to contract for the design, renovation of, and addition to, the E.Y. Berry Library on the campus of Black Hills State University and to make an appropriation therefor.

236. HB 1046 authorize the Board of Regents to contract for the design, renovation of, and addition to, the Devereaux Library on the campus of the South Dakota School of Mines and Technology and to make an appropriation therefor.

237. HB 1090 make an appropriation to evaluate the feasibility of the use of telehealth services within the criminal justice system and to declare an emergency.

238. HB 1100 make an appropriation to begin the research and development of a new bioprocessing facility and to declare an emergency.

239. HB 1187 make an appropriation to upgrade the state radio infrastructure system and to declare an emergency.

240. HB 1189 make an appropriation to expand rural access to broadband services and to declare an emergency.

241. HB 1227 make an appropriation for the rural veterinary medical education program and to declare an emergency.

242. HB 1294 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.

243. HB 1298 provide for the postponement of certain elections and to declare an emergency.

SUPREME COURT RULES AND ORDERS

244. 19-14 IN THE MATTER OF THE AMENDMENT OF SDCL 16-6-1

245. 19-15 IN THE MATTER OF THE AMENDMENTOF SDCL 16-12B-1.1

246. 19-16 IN THE MATTER OF THE AMENDMENTOF SDCL 15-6-45(b)

247. 19-17 IN THE MATTER OF THE AMENDMENT OF SDCL 15-26A-75

248. 19-18 IN THE MATTER OF THE AMENDMENT OF SDCL 19-19-502

249. 20-01 IN THE MATTER OF THE AMENDMENTOF SDCL 15-12-33

250. 20-02 IN THE MATTER OF THE AMENDMENTOF SDCL 15-15-4

251. 20-03 IN THE MATTER OF THE AMENDMENT OF THE APPENDIX OF CHAPTER 25-4A, SOUTH DAKOTA PARENTING GUIDELINES

 

TOPICAL INDEX

 

BILL NUMBER TO CHAPTER NUMBER CROSS‑REFERENCE TABLE

 

ENACTED, AMENDED, AND REPEALED SECTIONS TABLE

 

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