The effective date of most of the legislation in this volume is July 1, 2012. 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. HB 1232 South Dakota Commission on Health Care repealed.
2. SB 90 Fee established for payments returned to the Office of the Secretary of State due
to insufficient funds.
3. SB 67 Documents filed with the Office of the Secretary of State may be filed
electronically.
4. HB 1023 Department of Corrections statutory clean-up.
5. SB 161 Public meetings held by teleconference or videoconference.
6. HB 1131 Revise provisions relating to posting of public notices.
7. HB 1096 Venue of appeals for home rule municipalities.
8. SB 71 Obsolete laws relating to the publication of the administrative rules modified.
9. SB 187 Legislative review of state agencies repealed.
10. SB 75 Fees that may be charged for certain public records.
11. SB 106 Disclosure required of certain public employee contracts.
12. HB 1233 Public access to the records of former Governors and Lieutenant Governors.
13. SB 2 Department of Human Services repeals and style and form revisions.
14. SB 21 Department of Human Services outdated laws changed.
15. SB 11 Working capital loan and grant program created.
16. SB 168 Terms and expiration dates revised for appointees to certain boards and
commissions.
17. SB 9 Appropriation for the physician and dentist tuition reimbursement program.
LEGISLATURE AND STATUTES
18. SB 70 Referred law and initiated measure procedure changed.
19. SB 93 Referred measures may be withdrawn in certain circumstances.
20. HB 1133 Establish a legislative planning committee.
21. HB 1196 Lobbyist registration revised.
22.
SB 12 Codify 2011 legislation.
PUBLIC OFFICERS AND EMPLOYEES
23. HB 1028 The administration of state employee personnel matters, changed.
24. HB 1043 Full-time equivalent staffing report requirements repealed.
25. SB 84 Reimbursement of travel expenses during the recruitment of certain professional
staff.
26. SB 31 South Dakota Retirement System laws revised.
27. SB 30 Alternative benefit enhancement methodology allowed within the South Dakota
Retirement System.
28. SB 29 Roth contribution program for the state retirement system.
29. SB 6 Criminal background checks for various state employees.
PUBLIC FISCAL ADMINISTRATION
30. SB 197 Appropriate money for the ordinary expenses state government.
31. HB 1097 Investment of state operating expenses in banks.
32. SB 104 The investment of public funds.
33. HB 1042 State Cement Plant Commission obsolete laws repealed.
34. HB 1040 Extraordinary litigation expenses appropriation.
35. SB 36 Wildfire suppression appropriation.
36. SB 37 Coordinated soil and water conservation fund appropriation.
37. SB 38 Building control transferred from Department of Game, Fish, and Parks to
Department of Agriculture.
38. SB 45 Cottonwood Agricultural Experiment Station storage facility appropriation
increased.
39. HB 1017 Bureau of Administration appropriation to construct a maintenance shop.
40. HB 1269 Appropriation for costs related to disasters and pine beetle suppression.
41. HB 1137 General Appropriations Act amended for 2012 fiscal year.
42. SB 48 General Appropriations Act for fiscal year 2012 revised.
43. SB 192 Appropriation for education and health care funding.
PUBLIC PROPERTY, PURCHASES AND CONTRACTS
44. HB 1016 Centennial logo rules repealed.
45.
HB 1172 Sewer system bid requirements exemption.
46.
SB 188 Establishment of research parks on lands controlled by the Board of Regents.
47.
HB 1164 Sale of certain surplus property in Yankton County.
LOCAL GOVERNMENT GENERALLY
48. HB 1178 Local governments may dispose of or donate certain property.
49. SB 7 Economic development park certification.
50. SB 162 Certified Technology Parks.
COUNTIES
51. HB 1130 Register of Deeds fees increased and modernization fund created.
52. HB 1173 The administration revised for the county legal expense relief program.
53. SB 101 Counties may borrow money using promissory notes.
MUNICIPAL GOVERNMENT
54. HB 1162 Revise provisions relating to subdivision platting and annexation.
55. HB 1076 Incumbent city council members hold office until end of term, regardless of
redistricting.
56. HB 1077 Municipalities may establish incidental accounts.
57. HB 1156 Revise special assessment procedures.
TAXATION
58. SB 20 Tax returns and information may be disclosed.
59. SB 18 Internal Revenue Code references updated.
60. SB 73 Assessment procedure for real property located in a floodplain repealed.
61. HB 1075 Property tax documents to be transmitted electronically.
62. HB 1003 Cropland and noncropland limit on change to taxable value.
63. SB 91 Shareholders of subchapter S corporations may represent the corporation in
property tax appeals.
64. SB 49 Property tax levies revised for school district general fund.
65. SB 194 An appropriation to fund tax refunds.
66. SB 123 Taxes applied to rural electric companies.
67. HB 1001 Sales and use tax exemption revisions.
68.
HB 1223 Sales tax on food exemption.
69.
HB 1125 Clarify the definition for "engaging in business".
70.
HB 1116 Bedding used for agricultural purposes exempt from sales and use taxes.
71.
SB 100 Biobutanol producers eligible for ethanol production incentive payment.
72.
HB 1031 Interstate fuel carriers license fees changed.
73.
SB 17 Fuel tax return electronic filing and remittance.
74.
HB 1138 Roll-your-own cigarette machines at retail establishments are cigarette
manufacturers.
75.
HB 1029 Delinquent taxpayers listed and published.
PLANNING, ZONING AND HOUSING PROGRAMS
76. HB 1044 Bureau of Intergovernmental Relations repealed.
77. HB 1079 Publication date citations updated for the International Building Code.
78. SB 56 South Dakota Housing and Development Authority laws updated.
79. SB 57 Administrative rules relating to the South Dakota Housing Development
Authority revised.
ELECTIONS
80. HB 1186 Registered sex offenders may not circulate petitions.
81. SB 128 Election procedures revised.
82. HB 1247 Voting rights of a person convicted of a felony.
83. HB 1182 Filing deadlines changed for the nomination of certain independent candidates.
84. SB 58 Election procedures revised for voting centers.
85. SB 137 Application procedure revised for absentee voting.
86. HB 1179 Campaign finance requirements to apply to counties and municipalities.
EDUCATION
87. HB 1007 Education, outdated and obsolete statutes repealed.
88. HB 1006 Education, certain requirements changed.
89. SB 25 Education accountability system updated.
90. HB 1128 Board of Education to conduct public hearings before adopting education
standards.
91. HB 1195 Fees may be collected for educational programming and services.
92.
HB 1124 School district may pay for mandatory criminal background checks.
93.
HB 1199 Distribution of funds changed for sparse school districts.
94.
HB 1147 No liability for a school board member who authorizes a void contract, check,
or registered warrant.
95.
HB 1189 Establish a deadline for the enrollment options program.
96.
SB 130 Each school district to adopt a policy prohibiting bullying.
97.
SB 186 Update the definition of nonsectarian textbooks.
98.
HB 1005 Excuse from attendance for children receiving alternative instruction.
99.
SB 8 State aid to education increased for special education.
100.
SB 191 Authorization to offer postsecondary education services in South Dakota.
101.
SB 80 Veterans exempt from the twelve-month residency requirement for tuition and
fees.
102.
HB 1234 Teacher pay and evaluation, revised.
103.
SB 139 Teach for America grant program within the Department of Education.
104.
HB 1041 Special education appropriation carryover allowed.
105.
SB 46 Board of Regents may purchase an airport structure.
106.
SB 47 Appropriation increased for the motor pool building at South Dakota State
University.
107.
HB 1051 Board of Regents building and maintenance appropriation requests.
LIBRARIES
108. SB 5 Distribution of state publications.
CIVIL PROCEDURE
109. HB 1064 Supreme Court to establish rules for the use of interactive audio visual
equipment.
110. HB 1095 Discharge procedure for civil judgments discharged pursuant federal law.
111. HB 1160 Filing fees may be awarded as court costs in certain appeals.
COURTS AND JUDICIARY
112. HB 1065 Reporting requirement repealed for schedule of fees paid to court reporters in
consolidated budget.
113. HB 1058 Clerks of Court search fee increased.
114. HB 1177 Exempt breastfeeding mothers or new parents from jury duty.
EVIDENCE
115. HB 1061 Interpreter services in the court system, requirements modified.
116. HB 1253 Judicial enforcement of any religious codes prohibited.
PERSONAL RIGHTS AND OBLIGATIONS
117. HB 1212 Definition regarding tort liability changed.
JUDICIAL REMEDIES
118. SB 42 Habeas corpus revised.
CRIMES
119. HB 1039 Impaired driving violation enhanced penalty requirements changed.
120. SB 43 Failure to report the death or disappearance of a child made a crime.
121. HB 1198 Firearm definition to include muzzle-loading and black powder weapons.
122. SB 156 Strangulation as one element of the crime of aggravated assault.
123. SB 148 Battery committed against infants and unborn children.
124. HB 1114 Time limit increased to determine if a violation is a third or subsequent offense.
125. SB 68 No statute of limitations for certain rape offenses.
126. HB 1194 Payment by county for rape and sexual offense examinations.
127. SB 146 An affirmative defense of compulsion for the crime of prostitution.
128. HB 1060 A probationer who is a registered sex offender may reside within a community
safety zone.
129. HB 1119 Mechanical pull-tab device regulation updated.
130. HB 1014 False statements on economic development applications made a crime.
CRIMINAL PROCEDURE
131. SB 78 Arrest record may be expunged when the case is dismissed.
132. HB 1063 Testimony of sex offense victims and other evidence requirements changed.
133. SB 39 Definition of victim modified relating to victim impact statements.
134. HB 1263 Mandatory HIV testing.
PENAL INSTITUTIONS, PROBATION AND PAROLE
135. HB 1088 Fees for confining certain people in the county jail.
136.
HB 1025 Aggravated incest is a violent crime for the purpose of setting an initial parole
date.
137.
HB 1022 Inmate parole hearing revisions.
138.
HB 1021 Victims rights revised.
139.
HB 1024 Department of Corrections authorization to sell surplus land repealed.
DOMESTIC RELATIONS
140. HB 1062 Documentation changed to support a request to implement the standard
visitation guidelines.
141. HB 1055 Joint physical custody allowed.
142. HB 1052 Personal appearance flexibility in adoption proceedings.
143. HB 1266 Time reduced to cure and validate certain adoption proceedings.
144. HB 1126 Bond paid on behalf of a defendant may be paid to the Department of Social
Services to pay child support.
145. SB 149 Conditional release requirements changed for persons charged with domestic
abuse.
MINORS
146. SB 154 Persons required to report child abuse and neglect.
147. SB 13 Termination of parental rights, certain criteria added.
148. SB 183 Establish the offense of juvenile sexting.
MENTALLY ILL PERSONS
149. SB 15 Treatment of persons with mental illness, revisions.
150. HB 1027 Department of Social Services unnecessary laws repealed.
PUBLIC WELFARE AND ASSISTANCE
151. HB 1026 Department of Social Services obsolete laws repealed.
152. HB 1066 Cremation allowed for deceased person who is indigent.
153. HB 1206 Appropriation for emergency food assistance.
HIGHWAYS AND BRIDGES
154. SB 22 County and township highways may be changed on school and public lands.
155. HB 1094 Filing of orders to vacate highways with register of deeds.
156. SB 3 State trunk highway system changed.
157.
HB 1154 Requirements changed for the construction of roads outside the road district.
158.
SB 116 Revise township road provisions.
MOTOR VEHICLES
159. SB 64 Perfection of motor vehicle security interest liens filed on-line.
160. HB 1019 Snowmobile license and fee revised.
161. SB 107 Personalized motor vehicle license plates criteria changed.
162. SB 81 Special license plate for persons on active duty in the armed forces.
163. SB 113 Silver and bronze star recipient motor vehicle license plates.
164. HB 1032 Organization or first responder temporary permit decal requirement repealed.
165. SB 16 Final stage manufacturers regulated.
166. SB 102 Apportionment of funds among townships.
167. SB 189 Designate honorably discharged veterans on ID cards.
168. SB 140 Motorcycle windshields and wind deflectors glazing requirements changed.
169. HB 1202 Coasting when driving downhill.
170. SB 53 Accident reports to be filed by electronic means.
MILITARY AFFAIRS
171. HB 1049 Military related definitions revised.
172. HB 1048 Board of Military Affairs membership increased.
173. HB 1047 Military law for the National Guard revised.
174. HB 1046 Child custody during a soldier's deployment.
175. HB 1050 Military Code established for the National Guard.
VETERANS AFFAIRS
176. SB 4 Veterans' bonus program appropriation.
PUBLIC HEALTH AND SAFETY
177. HB 1010 Department of Health obsolete laws and rules repealed.
178. SB 196 The redistribution of existing nursing facility beds.
179. SB 177 Rural communities assistance to recruit health care professionals.
180. SB 176 Rural health care facilities assistance in recruiting.
181.
SB 69 Remove sunset clause from nursing home statute.
182.
SB 14 Alcohol or drug commitment authority modified.
183.
SB 23 Schedule for controlled substances, new substances included.
184.
SB 41 Pseudoephedrine purchase records may be submitted electronically or in writing.
185.
HB 1273 Sale of loose leaf incense regulated.
186.
HB 1254 Abortion services regulated.
187.
SB 51 Eliminate an obsolete reference to the Division of Commercial Inspection and
Regulation.
188.
SB 174 911 emergency surcharge requirements changed.
189.
SB 50 Use of the cigarette fire safety standard act fund, changed.
ALCOHOLIC BEVERAGES
190. SB 62 Alcoholic beverage licensees may charge a corkage fee.
191. SB 99 Alcoholic beverage licensees or employees charged with a crime may be
prohibited from entering the licensed premises.
192. HB 1245 Suspension of a driver license for certain alcoholic beverage violations.
PROFESSIONS AND OCCUPATIONS
193. SB 24 Health professions license applicants to submit to a criminal background check.
194. HB 1009 Board of Pharmacy license provisions modified.
195. SB 26 Earnest money held in broker's trust account, requirements changed.
196. SB 72 Create a Board of Examiners for Speech-Language Pathology.
TRADE REGULATION
197. HB 1227 Industrial and construction equipment dealer agreements revised.
198. SB 145 Contracts regulated for residential roofing goods and services.
ANIMALS AND LIVESTOCK
199. HB 1070 Revise provisions relating to importation of livestock and other animals.
200. HB 1038 Penalty increased for leaving brand inspection area.
GAME, FISH, PARKS, AND FORESTRY
201. HB 1018 Department of Game, Fish and Parks obsolete laws repealed.
202. HB 1153 Revocation of fur dealer licenses.
203.
HB 1117 Allow muskrat hunting season.
204.
HB 1020 The Department of Game, Fish and Parks may sell land to the city of Sturgis.
RECREATION AND SPORTS
205. SB 19 Rule-making authority of the Commission on Gaming expanded.
206. SB 108 Maximum bet limit increased for Deadwood gaming.
207. SB 112 No limit on the number of retail gaming licenses in Deadwood in which a
person may have a financial interest.
208. SB 10 Operating a boat under the influence on a controlled drug or substance.
PROPERTY
209. HB 1270 Unclaimed property procedure changed.
210. SB 82 Revise certain provisions regarding the unclaimed property trust fund.
MINING, OIL AND GAS
211. SB 111 Mining permit fees revised.
212. HB 1012 Oil and gas exploration hearing requirements changed.
WATER RIGHTS
213. HB 1011 Domestic use of water definition revised.
214. HB 1230 Publication requirements changed for water rights applications.
215. HB 1013 Environment and natural resource obsolete statutes repealed.
WATER MANAGEMENT
216. HB 1107 Bonding authority revised for the South Dakota Conservancy District.
217. SB 83 Revise provisions relating to water development districts.
218. HB 1203 Audit requirements changed for water development districts.
219. HB 1115 Water user district contracts exempt from the competitive bidding requirements.
220. SB 169 Regional Watershed Advisory Task Force created.
221. SB 195 An appropriation for various water and environmental purposes.
CORPORATIONS
222. SB 66 Documents may be filed with the Secretary of State by electronic means and
notary requirements changed.
223. HB 1056 Issuance of shares and cumulative voting for directors of corporations,
requirements changed.
224.
SB 103 Procedure revised for cooperatives giving notice to persons whose records are
missing.
225.
HB 1069 Income and principal increased for a perpetual fund used to maintain a
cemetery.
226.
HB 1192 Limited liability company judgment debtor, revised.
PUBLIC UTILITIES AND CARRIERS
227. SB 63 Increase the term of service of regional railroad authority commissioners.
228. HB 1073 Indemnity provisions prohibited in motor carrier transportation contracts.
229. SB 55 Motor carrier safety and transportation of hazardous materials requirements
updated.
230. HB 1121 Rate stability provisions to include plant additions.
231. SB 35 Pipeline safety inspection, federal citations updated.
232. HB 1036 Electronic warehouse receipts for grain regulated.
BANKS AND BANKING
233. HB 1045 Trust law revised.
234. SB 158 An exception to the loan or credit limitations of state chartered banks.
DEBTOR AND CREDITOR
235. SB 65 Debt modification contracts offered to consumers by motor vehicle dealers and
sales finance companies.
236. HB 1037 Agriculture mediation program purpose expanded.
237. HB 1229 Persons exempt from the requirement to be licensed as a mortgage loan
originator.
UNIFORM COMMERCIAL CODE
238. HB 1059 Uniform Commercial Code secured transactions article updated.
INSURANCE
239. HB 1220 State law repealed if the Patient Protection and Affordable Care Act is found to
be unconstitutional.
240. HB 1187 Health care sharing ministries exempt from the health insurance code.
241. HB 1033 Insurance examination requirements clarified.
242. HB 1035 Insurance investigations and examinations disclosure permitted.
243. HB 1034 Insurance application changes permitted.
244.
HB 1183 Copayment or coinsurance amounts limited for physical and occupational
therapy services.
245.
HB 1185 Insurance coverage for abortion regulated.
246.
HB 1163 Political subdivisions may operate as organizations to purchase health insurance.
247.
HB 1071 Insurance Guarantee Association obligated to cover increased amount for
annuities.
248.
SB 28 Third party insurance administrator license renewal process changed.
249.
SB 33 Insurance agent continuing education exemption changed.
250.
SB 32 Annuity suitability requirements modified.
251.
SB 115 Regulation of insurance for electronic devices.
LABOR AND EMPLOYMENT
252. SB 34 Department of Labor and Regulation obsolete laws repealed and revised.
UNEMPLOYMENT COMPENSATION
253. SB 87 Military spouses may receive unemployment compensation.
SUPREME COURT RULES AND ORDERS
254. 11-17 In the Matter of the Repeal of SDCL 15-30-16.
255. 12-01 In the Matter of the Adoption of a New Rule Relating to Electronic Documents.
256. 12-02 In the Matter of the Adoption of a New Rule Relating to Interstate Depositions
and Discovery.
257. 12-03 In the Matter of the Adoption of a New Rule Relating to Taking Discovery and
Declarations in Foreign Countries.
258. 12-04 In the Matter of the Amendment of SDCL 16-16-17.1.
259. 12-05 In the Matter of the Adoption of a New Rule to be Designated at SDCL
16-16-17.2.
260. 12-06 In the Matter of the Adoption of a New Rule to be Designated at SDCL 16-16-17.3.
261. 12-07 In the Matter of the Adoption of a New Rule to be Designated at SDCL
16-16-17.4.
262. 12-08 In the Matter of the Amendment of SDCL 25-4-58.1.
263. 12-09 In the Matter of the Amendment of SDCL 23A-44-5.1.
SOUTH DAKOTA CONSTITUTION
264. HJR 1001 A constitutional amendment relating to corporations.
265.
HJR 1002 A constitutional amendment to repeal certain reimbursement restrictions for
travel.
266.
HJR 1006 Amendment of the Dakota Cement Trust Fund.
267.
HJR 1007 A constitutional amendment to require a balanced budget.
TOPICAL INDEX
BILL NUMBER TO CHAPTER NUMBER CROSS-REFERENCE TABLE
ENACTED, AMENDED, AND REPEALED SECTIONS TABLE