TOPICAL INDEX
Ch. Page
Abortions
Laws revised
Partial-birth abortions prohibited
Absentee Ballots
Health care facilities which may assist absentee voters specified
Abuse of Court System
Prohibited
Abused and Neglected Children
Foster care, limit placed on stays in
Accidents
Motorboat accidents must be reported immediately
Accounting
Bank franchise tax, accounting procedure amended
Banks' procedure for overdrafts to be set by rule
Administrative Hearings
Drivers licenses, procedure for cancellation amended
Administrative Procedures
Petitions for rule changes, copy to be filed with rules committee
Rule-making agencies may appeal Legislative Research Council's decisions
Administrative Rules
Banks' accounting procedure for overdrafts to be set by rule
Emergency rules authorized to mitigate state financial loss
Environment and Natural Resources Department, certain authority repealed
Hog farm inspection and enforcement program, rules authorized
Hunter safety course, rules authorized
Issuance of drivers' licenses and identification cards, rules authorized
Life insurance sales misrepresentations, rules authorized to prohibit
Parolees' supervision fees, rules authorized
Water development districts' rule-making authority made discretionary
Adoption
Conditional adoptions prohibited
Foster care, limit placed on children's time in
Termination of parental rights made unconditional
Adult Basic Education Programs
Appropriation
Adult Foster Care Homes
Licensure transferred to Department of Health
Advertising
Electronic billboards authorized
Aeronautics Commission
Functions reinstated
Agents
Perpetual care cemeteries' sales agents may receive commissions
State licenses sold by agents, security requirement amended
Agricultural Commodities
Production contracts subject to mediation
Agricultural Facilities
Tax refunds for construction amended
Agricultural Loans
Certain information to be kept confidential
Agriculture
Addition to Animal Disease Research and Diagnostic Laboratory at SDSU
authorized
Agriculture Department
Certain information to be kept confidential
Agriculture Development
Appropriation to Northern Crops Institute
Aid To Dependent Children
Family assistance laws revised
Alcoholic Beverages
Beer and wine, license not needed for noncommercial production
County on-sale license authorized for certain projects
Health insurance benefits guaranteed for persons injured while driving under
the influence
Mini-brewers may sell wine on their premises
Alternate Jurors
Additional method of choosing authorized
Method of choosing specified
Ambulance Services
Workers' compensation benefits increased
Anhydrous Ammonia Fertilizer Tanks
Towing two tanks authorized
Animal Industry Board
Livestock disease may be kept confidential
Appellate Procedure (Administrative Agencies)
Rule-making agencies may appeal Legislative Research Council's decisions
Appellate Procedure (Supreme Court)
Abuse and neglect proceedings, time for taking specified
Filing briefs, procedure for extending time specified
Time for appeals of orders specified
Time for service of briefs on Supreme Court specified
Trial briefs not to be included in record
Appropriations and Expenditure Authorizations
Additional state fair projects authorized from 1995 appropriation
Adult basic education programs ($200,000)
Animal Disease Research and Diagnostic Laboratory at SDSU, addition
authorized ($5,400,000)
Budget transfers, constitutional amendment proposed
Domestic abuse shelters, transfer authorized for funding ($250,000)
General Appropriations Bill ($1,895,264,609)
Mickelson Scholars Program ($477,479)
Northern Crops Institute ($25,000)
State Conservation Commission grants ($1,100,000)
Suppression of wildfires ($2250,000)
Tax refunds to elderly and disabled persons ($1,000,000)
Women in Military Service for America Memorial grant ($10,000)
Aquifers
Livestock feeding operations prohibited over shallow aquifers
Arbitration
Agricultural production contracts subject to mediation
Agriculture department to keep mediation information confidential
Insurance companies may mutually agree to arbitrate disputes
Architects
Certain structures need not be certified
Assisted Suicide
Civil enforcement of laws authorized
Attachment
Retirement benefits exempted
Attorneys
Attorney on disability status, reinstatement limited
Attorney on disability status, reinstatement limited
Attorney on disability status may not practice
Disciplinary board to determine if attorney can act as legal assistant
Duties of Disciplinary Board specified
Employment of disabled attorneys regulated
Employment of disbarred or suspended attorneys regulated
Misuse of legal assistants made grounds for discipline
Order of disbarment may be edited
Payment for court appointed counsel may be in installments or by wage
assignments
Referee to make finding if suspended or disbarred attorney can act as legal
assistant
Resignation form specified
Suspended attorney may not act as legal assistant
Auction Agencies
Repossessed vehicles may be sold at auction
Auctions
Electronic livestock auctions regulated
Repossessed vehicles may be sold at auction
Surplus property, local officers may not purchase except at auction
Audiologists
License required to practice
Automobile Auctions
Governmental agencies may use
Bad River Watershed Project
Appropriation made for grant
Bank Franchise Tax
Accounting procedure amended
Banks
Accounting procedure for overdrafts to be set by rule
Banks may purchase their own stock for cancellation
Barratry
Cause of action created
Beer
Manufacturers' premises, on-sale wine authorized
Noncommercial production, license not needed
Beginning Farmer Program
"Beginning farmer" redefined
Emergency clause added to bill defining "beginning farmer"
Belle Fourche Irrigation Rehabilitation Project
Appropriation made for planning and construction
Bids and Bidding Procedures
Automobile auction agencies, governmental agencies may use
Certain electronic equipment exempted from bid requirements
Size of local governments' exempted contracts increased
Billboards
Off-premise electronic highway signs authorized
Birth Records
Filing procedures amended
Obtaining copies, procedure amended
Black Hills Hydrology and Water Management Study
Appropriation made for grant
Black Hills State University
Construction of unheated storage building authorized
Blizzard Assistance
County minimum maintenance roads authorized
Municipal equipment exempted from overwidth vehicles requirement
School make-up days, extended hours authorized to fulfill
Board of Finance
Duty to set certain interest rate repealed
Board of Regents
Swine test station at SDSU, authorized to accept title
Boards of Adjustment
Voting requirement amended
Boat Registration
Security interest may be noted on back side of title
Boundaries
Constructive notice of boundaries, plats provide
Brands
Abandoned livestock brands may not be reused
Budget Transfers
Constitutional amendment proposed
Interim appropriations committee authorization required
Burden of Proof
Medical professionals charged with sex crimes, burden of proof amended
Bureau of Personnel
State employees' medical savings accounts, study required
Buried Utilities
One-call notification system amended
Bush's Landing
Entrance license required
Campaign Finance Reports
County officers exempted
Campgrounds
Redefined for sales tax purposes
Capital Outlay Funds
Student transportation, capital outlay funds may be used
Cellular Telephones
Fee established to fund deaf programs
Cement Plant
Certain reports eliminated
Cemeteries
Perpetual care sales agents may receive commissions
Central Registry for Abuse and Neglect
Head start employees may be screened
Centrally Assessed Property
Terminology redefined
Character Instruction
Schools authorized to teach
Charitable Associations
Sales of assets must be reported
Chemical Storage
Certain rule-making authority repealed
Child Abuse and Neglect
Abusive parents presumed not in child's best interest
Appeals to Supreme Court, time for taking specified
Grounds for termination of parental rights amended
Head start employees may be screened
Unsubstantiated reports must be kept for three years
Child Care
Head start employees may be screened for prior abuse or neglect
Child Custody
Abusive parents presumed not in child's best interest
Visitation enforcement program to be studied
Child Support
Collection program revised
Family assistance laws revised
Recommended payment schedule revised
Children In Need of Supervision
Detention provisions amended
Cigarette Vending Machines
Prohibited where minors have access
Civil Liability
Liability established for drug dealers
Civil Offenses
Assisted suicide, civil enforcement of prohibition authorized
Violations that are cause for losing game and fish licenses revised
Civil Penalties
False bomb reports, liability specified
Civil Procedure
Estates that may be settled by affidavit increased
Frivolous or malicious actions, repayment of costs and attorneys' fees required
Jury districts authorized
Magistrates' jurisdiction over civil actions increased
Magistrates' jurisdiction over small claims increased
Stalking cases, protection orders authorized
Temporary rule for small claims, six-person juries implemented
Civil Proceedings
Harassment by fraudulent legal proceedings prohibited
Clerks of Courts
Documents to be filed in civil cases specified
Fee for record searches increased
Probate and trust hearings, clerks may schedule
Coal Gasification Plant
Sale authorized
Codification
1996 legislation codified
Commercial Drivers
Instruction permits may be used without additional drivers present
Work permits established
Commercial Vehicles
Fee established for mailing or expressing license plates and stickers
Commission on Judicial Qualifications
Members may serve for two terms
Commission on Uniform Legislation
Membership increased
Commissions
Perpetual care cemeteries' sales agents may receive commissions
Computers
Certain equipment exempted from bid requirements
Concealed Pistol Permits
Secretary's of state fees increased
Concentrated Livestock Feeding Operations
Environmental fee established
Inspection and enforcement program, rules authorized
Operators with out-of-state violations may not be licensed
Production contracts subject to mediation
Prohibited over shallow aquifers
Conditional Adoption
Prohibited
Confidential Information
Physician/patient privilege revised
Confidential Records
Certain disclosures concerning private entities authorized
Livestock disease records may be kept confidential
Solid waste treatment information to be kept confidential
Unsubstantiated child abuse and neglect reports must be kept for three years
Conflict of Interest
Legislators' conflict of interest, constitutional amendment proposed
State contracts with officers and employees, provisions clarified
Congressional Term Limits
Candidates' positions, repeals requirement to print on ballots
Conservation
Land disturbing activities without erosion and sediment control ineligible for
state aid
Land disturbing activities regulated
Constitutional Amendments
Initiatives authorized to combine local governments
Construction
Certain structures need not be certified by architect or engineer
Land disturbing activities without erosion and sediment control ineligible for
state aid
Consumer Affairs
Health insurance, certain probationary waiting periods limited
Rules authorized to prohibit misrepresentation of life insurance
Sweepstake promotions regulated
Telephone merchandising practices regulated
Unfair discrimination defined for insurance business practices
Contracts
State contracts with officers and employees, provisions clarified
Controlled Substances
Civil liability established for drug dealers
Controlled substances listings amended
Nonprescription drug license requirements amended
Nonresident pharmacies, license required
School activities and school financial aid, drug users banned
Cooperatives
Meetings may be conducted by teleconference
Rural electric cooperatives, authorized business interests increased
Corporations
Registered agents, procedure for changing simplified
Secretary's of state fees increased
Correctional Facilities
Inmate assaults against employees, penalties increased
Minors' detention provisions amended
Penalty for escape increased
Corrections Department
Crime Victims' Compensation Program moved
Cosmetology Commission
Nail technicians may be licensed separately from cosmetologists
Counties
Initiatives authorized to combine local governments
County Auditors
Unpaid tax lists only have to be reconciled once a year
County Employees
Employer provided health insurance, authorization repealed
County Fees
Registers' of deeds fees increased
County Fiscal Administration
Commercial license plates and stickers, fee established for mailing or
expressing
Depreciation reserve accounts for capital acquisitions authorized
Medical indigence defined
Minimum maintenance roads authorized
Payment for court appointed counsel may be in installments or by wage
assignments
Size of contracts exempted from bid procedure increased
County Highways and Roads
Minimum maintenance roads authorized
Railroad crossings, duty to eliminate transferred to counties
County Officers
Campaign finance reports, exempted from
Surplus property, officers may not purchase except at auction
County On-sale Licenses
Additional license authorized for certain counties
County Planning Commissions
Membership increased
County Treasurers
Commercial license plates and stickers, fee established for mailing or expressing
State aid to education apportionment list no longer sent to
Court Appointed Counsel
Payment for court appointed counsel may be in installments or by wage
assignments
Court Records
Documents to be filed in civil cases specified
Fee for searches increased
Crime Victims Compensation Program
Extended
Moved to Department of Social Services
Crimes
Abortion laws revised
Acting as notary without commission, penalty provided
Additional persons may issue citations for speeding in construction zone
Assisted suicide, civil enforcement of prohibition authorized
Crimes in Title 15 classified
Eluding a law enforcement officer, penalty increased
Enticing a child, penalty provided
Escape from corrections facilities, penalties increased
False bomb report, penalties increased
Harassment by fraudulent legal proceedings prohibited
Hog farm operators with out-of-state violations may not be licensed
Hunting and fishing violations, penalties increased
Partial-birth abortions prohibited
Penal inmate assaults against employees, penalties increased
Sex offenders, contact with victims may be prohibited
Shoplifting penalties increased
Speed limit established on township roads
Stalking redefined
Sweepstake promotions regulated
Telephone merchandising practices regulated
Violations that are cause for losing game and fish licenses revised
Criminal Evidence
Physician/patient privilege revised
Criminal Procedure
Burden of proof amended when medical profession are charged with sex
crimes
Jury districts authorized
Juvenile transfer hearings eliminated for certain felonies
Criminal Sentences
Commercial drivers' work permits authorized
Payment for appointed counsel may be in installments or by wage assignments
Restitution to crime victims must be ordered
Curative Acts
Omission in 1996 Senate Bill 225 corrected
Voting rights laws reinstated
1996 legislation codified
Deadwood Gaming
Variations of games, Gaming Commission may authorize
Debtor and Creditor
Child support collection program revised
Repossessed vehicles may be sold at auction
Reverse mortgage laws revised
Definitions
"Shall" defined
Delinquent Children
Detention provisions amended
Department of Commerce and Regulation
Drivers' records, contracts authorized for sales of
Directed Trusts
Authorized
Director of Laboratory Services
Qualifications amended
Disabled Persons
Appropriation for tax refunds
Disability committees merged
Federal references in state tax rebate laws updated
Rehabilitation division, scope of services amended
Discipline of Attorneys
Attorney on disability status, reinstatement limited
Attorney on disability status, reinstatement limited
Disciplinary board to determine if attorney can act as legal assistant
Duties of Disciplinary Board specified
Employment of disabled attorneys regulated
Employment of disbarred or suspended attorneys regulated
Misuse of legal assistants made grounds for discipline
Order of disbarment may be edited
Referee to make finding if suspended or disbarred attorney can act as legal
assistant
Resignation form specified
Division of Banking
Mortgage broker regulation transferred to
Division of Rehabilitation Services
Scope of services amended
DNA
Genetic markers may only be kept on convicted persons
Dodge Draw Recreational Area
Entrance license required
Domestic Abuse
Appropriation for shelters
Magistrates may issue temporary protection orders
State's attorneys may receive additional compensation for certain services
Drainage Districts
Boards of trustees authorized
Drivers' Licenses
Commercial drivers' work permits established
Commercial instruction permits may be used without additional drivers present
Issuance procedure amended
Procedure for cancellation amended
Drivers' Records
State may contract for the sale of
Driving Under the Influence
Commercial drivers' work permits authorized
Health insurance benefits guaranteed for persons injured while intoxicated
Drugs and Controlled Substances
Civil liability established for drug dealers
Controlled substances listings amended
Nonprescription drug license requirements amended
Nonresident pharmacies, license required
School activities and school financial aid, drug users banned
East Whitlock Recreational Area
Entrance license required
Economic Development
Economic development board's powers extended
Economic stimulation programs terminated
Tourism promotion tax extended
Education and Cultural Affairs Department
National Guard's tuition reduction program, administration transferred
Election Assistance
Health care facilities which may offer absentee assistance specified
Elections
Congressional candidates' positions on term limits, repeals ballot printing
requirement
Drainage district trustees, election procedure provided
Early presidential primary repealed
Effective dates established for registrations out of auditors' offices
Health care facilities which may offer absentee voting help specified
Straight-party voting abolished
Time and methods of posting notices amended
Weather delays authorized
Electric Cooperatives
Authorized business interests increased
Electricians
Maintenance electricians, license fee established
Electronic Livestock Auctions
Regulated
Electronic Signs
Off-premise highway signs authorized
Eluding Law Enforcement Officer
Penalty increased
Emergency Administrative Rules
Authorized to mitigate state financial loss
Employment
See also Unemployment Compensation; Workers' Compensation
Department of Labor need not be advised of workplace safety programs
Minimum wage increased
Wages of separated employees, time for payment specified
Engineers
Certain structures need not be certified
Enticement of Children
Penalty provided
Environment and Natural Resources Department
Bulk storage of certain chemicals, rule-making authority repealed
Grants for groundwater research, rule-making authority repealed
Environmental Fee
Established for concentrated livestock feeding operations
Erosion
Land disturbing activities without erosion and sediment control ineligible for
state aid
Escape From Corrections Facility
Penalty increased
Excavations
One-call notification system amended
Excess Tax Levies
Enactment procedures amended
Expenditure Authorizations
Animal Disease Research and Diagnostic Laboratory at SDSU, addition
authorized
Expense Allowances
Legislators' allowance increased
Express Companies Taxes
Repealed
False Bomb Reports
Penalties increased
Family Assistance
Laws revised
Family Court Mediators
Conduct regulated
Qualifications set
Farm Loan Mediation
Certain information to be kept confidential
Federal Aid To Education
State aid formula revised for schools receiving federal funds
Federal Statutes
Child support collection program revised
Federal references updated in the Uniform Securities Act
Garnishment reference updated
Hazardous materials transportation references updated
Operation of Sioux Falls Regional Landfill approved
References to Internal Revenue Code updated
South Dakota Retirement System reference updated
Updated federal amendments incorporated into pipeline safety laws
Voting rights laws reinstated
Federal Violence Against Women Act
State's attorneys may receive additional compensation for services under
Fertilizer
Towing two ammonia fertilizer tanks authorized
Financial Aid Assistance
School aid, drug users banned
Financial Institutions
Additional collateral may be pledged to obtain public deposits
Bank franchise tax, accounting procedure amended
Bank franchise tax, federal references updated
"Financial Institution" defined for certain nonprobate transfers after death
Repossessed vehicles may be sold at auction
Financing Statements
Grace period for renewal repealed
Secretary's of state fees increased
Fires on Public Land
Penalties for starting amended
Fishing
Fishing violations, penalties increased
Ice fishing shelters removed daily need not be identified
License sales by agents, security requirement amended
Violations that are cause for revocation of license revised
Food Services
Inspections, health secretary may share services
Forestry Management
Land disturbing activities regulated
Penalties for starting fires amended
Foster Care
Licensure of adult homes transferred to Department of Health
Limit placed on stays
Foster Children
School residence determined by placements
Fraternal Organizations
Special property tax classification repealed
Frivolous Claims
Cause of action created
Repayment of costs and attorneys' fees required
Funeral Trusts
Method of distributing proceeds specified
Game, Fish and Parks Department
Obsolete employee requirements repealed
Gaming
Video lottery licenses, publicly traded companies may hold
Gaming Commission
Approval of license stamp transfers, delegation authorized
Variations of Deadwood games, commission may authorize
Garnishment
Reference to federal law updated
Retirement benefits exempted
General Appropriations Act
Appropriation for expenses of state government
Genetic Marker Specimens
DNA markers may only be kept on convicted persons
Good Will
Geographical limit on sales extended
Governmental Lunch Programs
Authorized to serve additional patrons
Governmental Reorganization
Aeronautics Commission's functions reinstated
Child visitation enforcement program to be studied
Crime Victims' Compensation Program moved
Disability boards combined
Economic development board's powers extended
Mortgage brokers, regulation transferred
National Guard tuition reduction program, administration transferred
Sign language interpreters, certification authority transferred
Unclaimed Property Office transferred
Governor's Advisory Committees
Committee on Employment of Individuals with Disabilities merged
Grants
Solid waste facilities, grants and loans authorized
State Conservation Commission, appropriation for grants
Groundwater Research Grants
Certain rule-making authority repealed
Handicapped Persons
Appropriation for tax refunds
Disability committees merged
Federal references in state tax rebate laws updated
Rehabilitation division, scope of services amended
Harassment
Fraudulent legal proceedings prohibited
Hazardous Materials
Motor carrier transportation, federal references updated
Head Start Programs
Employees may be screened for prior abuse or neglect
Health Care Facilities
Capital expenditures need not be reported
Penalty increased for theft from patients by employees
Health Care Practitioners
Burden of proof amended when charged with sex crimes
Capital expenditures need not be reported
Limitation on medical malpractice awards amended
Health Department
Inspections of public accommodations, health secretary may share authority
Licensure of adult foster care homes transferred to
Health Insurance
Benefits guaranteed for persons injured while driving under the influence
Certain probationary waiting periods limited
Employer provided insurance, local governments' authorization repealed
Health insurers must pay disputed workers' compensation claims until they are
settled
Preexisting waiting periods limited
Requirements for availability, portability and renewability revised
State employees' medical savings account study required
Hearing Aid Dispensers
New board established to also regulate audiologists
Hearing Impaired Persons
Sign language interpreters, certification authority transferred
Hiddenwood State Park
Changed to state recreation area
Higher Education
Certain persons classified as residents for tuition purposes
Highway Construction Zones
Department of Transportation employees may issue citations
Highway Rescues
Costs to be assessed
Highways
Railroad crossings, certain duty to eliminate transferred to local governments
Hog Farming Operations
Environmental fee established
Inspection and enforcement program, rules authorized
Operators with out-of-state violations may not be licensed
Production contracts subject to mediation
Prohibited over shallow aquifers
Home Rule Units
Taxing powers limited
Homesteads
Income levels established for freeze on collection of property taxes
Hospitals
Capital expenditures need not be reported
Penalty increased for theft from patients by employees
Household Remedies
License requirements repealed
Human Services Department
Sign language interpreters, certification authority transferred to
Hunter Safety Course
Administrative rules authorized
Hunting
Hunting violations, penalties increased
License sales by agents, security requirement amended
Ice Fishing
Shelters removed daily need not be identified
Identification Cards
Issuance procedure amended
Income Taxes
Bank franchise tax, accounting procedure amended
Indecent Exposure
Convicted felons must register with law enforcement agencies
Indians
Voting rights laws reinstated
Inheritance Tax
Federal references in state tax laws updated
Insurable Interest
Property insurance, certain claims not covered for face value of policy
Insurance Companies
Arbitration, insurance companies may mutually agree to
Governmentally-owned, criteria to do business in state specified
Insurance Guaranty Association, scope of coverage amended
Investment restrictions amended
Release of mortgages, insurance companies authorized to execute
Rules authorized to prohibit misrepresentation of life insurance
State reports must follow national standards
Unfair discrimination defined
Insurance Examination Fund
Established and funded
Insurance Guaranty Association
Scope of coverage amended
Interest Rates
State loans to municipal airports, interest rate categorized
Interim Appropriations Committee
Budget transfers, authorization required
Budget transfers, constitutional amendment proposed
Interim Rules Review Committee
Petitions for rule changes, copy to be filed with committee
Interstate Agreements
Joint agreements for the exercise of police powers authorized
Investment Council
Permanent school fund, investment authority transferred
James River Restoration Project
Appropriation made for grant
Joint Agreements
Interstate agreements for the exercise of police powers authorized
Judges
Additional judge added to Second Circuit
Judicial Qualifications Commission
Members may serve for two terms
Rules of procedure amended
Juries
Additional method of choosing alternates authorized
Criminal peremptory challenges, method amended
Method of choosing alternatives specified
Method of exercising peremptory challenges specified
Method of exercising peremptory challenges specified
Method of forming criminal juries amended
Method of selecting prospective jurors specified
Number of jurors to be called specified
Jury districts authorized
Six-person juries provided in small claims court
Jurisdiction
Magistrates may issue temporary protection orders
Magistrates' jurisdiction over civil actions increased
Juvenile Crime
Sex offender registry, certain juveniles required to register
Transfer hearings eliminated for certain felonies
Kindergarten
School boards may determine terms
Labor and Employment
See also Unemployment Compensation; Workers' Compensation
Department of Labor need not be advised of workplace safety programs
Minimum wage increased
Wages of separated employees, time for payment specified
Landfills
Operation of Sioux Falls Regional Landfill approved
Law Enforcement
Genetic markers may only be kept for convicted persons
Interstate agreements for the exercise of police powers authorized
Motor vehicle lights, officers exempted from required use
Law Libraries
Sharing allowed between circuits
Law Suits
Frivolous or malicious actions, repayment of costs and attorneys' fees
required
Legal Assistants
Allowable duties specified
Attorneys placed in disability status may act as assistant
Misuse of legal assistants made grounds for discipline of attorneys
Suspended attorney may not act as legal assistant
Legal Proceedings
Harassment by fraudulent legal proceedings prohibited
Legislation
Commission on Uniform Legislation membership increased
Emergency clause added to bill defining "beginning farmer"
1996 legislation codified
Legislative Bills
Printing and distribution laws amended
Legislative Committees
Petitions for rule changes, copy to be filed with rules committee
Legislators
Conflict of interest, constitutional amendment proposed
Expense allowance increased
Lewis and Clark Rural Water System
Appropriation made for grant
Liability Insurance
Uninsured and underinsured liability coverage, snowmobiles exempted
Liens
Security interest may be noted on back side of title
Life Insurance
Rules authorized to prohibit sales misrepresentations
Limited Liability Companies
Secretary's of state fees increased
Little Bend
Entrance license required
Livestock
Disease may be kept confidential
Livestock Auctions
Electronic auctions regulated
Livestock Brands
Abandoned brands may not be reused
Livestock Feeding Operations
Environmental fee established
Inspection and enforcement program, rules authorized
Operators with out-of-state violations may not be licensed
Production contracts subject to mediation
Prohibited over shallow aquifers
Loans
Solid waste facilities, grants and loans authorized
Local Government
Initiatives authorized to combine local governments
Public accommodation inspections, health secretary may cooperate with
Size of contracts exempted from bid procedure increased
Surplus property, officers may not purchase except at auction
Lodging Accommodations
Inspections, health secretary may share services
Lodging Establishment
Redefined for sales tax purposes
Lottery
Video lottery licenses, publicly traded companies may hold
Magistrates
Jurisdiction over civil actions increased
Jurisdiction over small claims increased
Temporary protection orders, magistrates may issue
Maintenance Electricians
Licensure required
Malicious Law Suits
Cause of action created
Repayment of costs and attorneys' fees required
Malt Beverages
Manufacturers' premises, on-sale wine authorized
Noncommercial production, license not needed
Manufactured Homes
Classified as real property
Mediation
Agricultural production contracts subject to mediation
Agriculture department to keep mediation information confidential
Insurance companies may mutually agree to arbitrate disputes
Medical Assistance
Medical assistance may be recovered from the estates of deceased spouses
Medical Education Scholarship Program
Program sunsetted
Medical Equipment
Capital expenditures need not be reported
Medical Indigence
Defined
Medical Malpractice
Limitation on awards amended
Medical Professionals
Burden of proof amended when charged with sex crimes
Medical Savings Account Program
Study required
Medicare Supplement Insurance
Probationary waiting periods limited
Mental Illness
Declaration of preferences and power of attorney authorized
Mental Illness Hearings
More time provided over long weekends
Mickelson Scholars Program
Appropriation
Mid-Dakota Rural Water System
Appropriation made for grant
Military Affairs
Women in Military Service for America Memorial, appropriation for grant
Military and Veterans' Affairs Department
National Guard's tuition reduction program, administration transferred
Mini-brewers
On-sale wine authorized
Minimum Wage
Increased
Mining
Lime-making minerals regulated
Minors' Rights and Responsibilities
See also Juvenile Crime
Cigarette machines prohibited where minors have access
Detention provisions amended
Personal watercraft operators' age increased
Mni Wiconi Rural Water System
Appropriation made for loan
Mobile Medical Equipment
Capital expenditures need not be reported
Mortgage Brokers
Duty to regulate transferred
Mortgages
Insurance companies authorized to execute releases
Reverse mortgage laws revised
Motor Carriers
Hazardous materials transportation, federal references updated
Towing two ammonia fertilizer tanks authorized
Motor Vehicle Auctions
Repossessed vehicles may be sold at auction
Motor Vehicle Dealers
Licenses authorized for motorcycle and trailer sales at special events
Requirements amended
Motor Vehicle Insurance
Uninsured and underinsured liability coverage, exempted from
Motor Vehicle License Plates
Revocation procedure amended
Motor Vehicle Registration
Nonpublic schools must be accredited before fee may be waived
Penalties provided for fraudulent applications
Penalty for late registration moved up
Security interest may be noted on back side of title
Motor Vehicle Safety
Law enforcement officers exempted from required use of lights
Motorboats
Accidents must be reported immediately
Motorcycles
Licenses authorized for sales at special events
Multi-family Dwellings
Certain residences added to property tax limitation
Municipal Airports
Interest rate on state loans categorized
Municipal Bid Procedure
Automobile auction agencies, governmental agencies may use
Certain electronic equipment exempted from bid requirements
Size of local governments' exempted contracts increased
Municipal Employees
See also South Dakota Retirement System
Employer provided health insurance, authorization repealed
Municipal Fiscal Administration
Fiscal report, publishing date amended
Municipal Officers
Recalls, allowable reasons specified
Surplus property, officers may not purchase except at auction
Municipal Ordinances
Time limit on compilations repealed
Municipal Planning Directors
Governing board may delegate duty to approve plats
Municipal Sales Tax
Second cent may be used for street repair
Municipal Snow Removal
Municipal equipment exempted from overwidth vehicles requirement
Municipalities
Initiatives authorized to combine local governments
Nail Technicians
Licensure required
National Guard Tuition Reduction Program
Administration transferred
Negotiable Instruments
Certain certificates of deposit reclassified
Nonprescription Drugs
License requirements amended
Nonprofit Corporations
Meetings may be conducted by teleconference
Sales of assets must be reported
Secretary's of state fees increased
Nonpublic Schools
Accreditation required before motor vehicle registration fee may be waived
Nonresidents
Nonresident pharmacies, license required
Northern Crops Institute
Appropriation
Notaries
Surety bond and fees increased
Terms decreased
Notice
Probate notices, procedure amended
Time and methods of posting election notices amended
Office of Laboratory Services
Director's qualifications amended
On-sale Licenses
County license authorized for certain projects
One-call Notification System
Provisions amended
Open Enrollment
Authorized for public schools
Overwidth Vehicles
Municipal snow removal equipment exempted from requirement
Package Delivery Services
Tax repealed
Pagers
Fee on cellular telephones and radio pagers established to fund deaf program
Parental Rights
Grounds for termination amended
Only one parent required to be at termination hearing
Terminations made unconditional
Parole
Hearings may be held by teleconference
Restitution to crime victims must be ordered
Supervision fees, parolees required to pay
Partial-birth Abortions
Prohibited
Partnerships
Secretary's of state fees increased
Patients Rights
Declaration of preferences and power of attorney authorized for mental illness
Pedophilia
Convicted persons must register with law enforcement agencies
Penal Inmates
Abuse of court system prohibited
Escape from corrections facilities, penalties increased
Inmate assaults against employees, penalties increased
Minors' detention provisions amended
Peremptory Challenges
Manner of exercising specified
Method of exercising specified
Perkins County Rural Water System
Appropriation made for grant
Permanent School Fund
Investing authority transferred to investment council
Perpetual Care Cemeteries
Sales agents may receive commissions
Personal Property
Geographical limit on sales of good will extended
Redefined
Personal Watercraft
Operators' age increased
Petitions
Petitions for rule changes, copy to be filed with rules committee
Pharmacies
Nonresident pharmacies, license required
Physician Assistants
Provision for initial placements repealed
Physician Tuition Reimbursement Program
Preference given to in-state physicians
Physician/patient Privilege
Criminal evidence laws revised
Physicians
Burden of proof amended when charged with sex crimes
Capital expenditures need not be reported
Pipeline Safety
Updated federal amendments incorporated into state requirements
Planning and Zoning
Boards of adjustment, voting requirement amended
County planning commissions, membership increased
Municipal governing board may delegate duty to approve plats
Plats
Constructive notice of boundaries, plats provide
Municipal governing board may delegate duty to approve plats
Police Powers
Interstate agreements for the exercise of police powers authorized
Political Parties
Straight-party voting at elections abolished
Poor Relief
Medical indigence defined
Powers of Attorney
Authorized for mental illness treatment
Pozzolan
Mining regulated
Presentence Reports
Required to be furnished to all parties
Presidential Primary
Early primary repealed
Primary Elections
Early presidential primary repealed
Private Entities
Certain disclosures concerning private entities authorized
Probate
Department of Social Services must be notified of certain social security
numbers
Estates that may be settled by affidavit increased
Financial institution defined for certain transfers after death
Medical assistance may be recovered from the estates of deceased spouses
Notices, procedure amended
Probate hearings, clerks of courts may schedule
Property and Casualty Insurance Guaranty Associations
Scope of coverage amended
Property Boundaries
Constructive notice of boundaries, plats provide
Property Insurance
Certain claims not covered for face value of policy
Property Tax Limits
Certain residences covered
Certain school bonds exempted
School tax levies reduced
Property Tax Reduction Fund
Omission in 1996 Senate Bill 225 corrected
Property Tax Refund Program
Certain multi-family housing covered
Property Taxes
Excess tax levies, procedures amended
Income levels established for freeze on collection of property taxes
Manufactured homes classified as real property
Real and personal property redefined
Tax may be paid before due date when a portion of property is sold
Property Transfers
Constructive notice of boundaries, plats provide
Geographical limit on sales of good will extended
Municipal governing board may delegate duty to approve plats
Registers' of deeds fees increased
Sale of assets of nonprofit corporations must be reported
Tax may be paid before due date when a portion of property is sold
Protection Orders
Stalking cases, protection orders authorized
Public Accommodations
Inspections, health secretary may share services
Lodging establishments and campgrounds redefined for sales tax purposes
Self-service storage facilities regulated
Public Depositories
Additional collateral may be pledged to obtain
Public Employee Strikes
Restriction on speech repealed
Public Records
Certain disclosures concerning private entities authorized
Court records, fee for searches increased
Insurance reports must follow national standards
Livestock disease records may be kept confidential
Registers' of deeds fees increased
Slot machine shipping records must be maintained for five years
Unsubstantiated child abuse and neglect reports must be kept for three years
Public Utilities
One-call notification system amended
QUEST Program
Economic stimulation programs sunsetted
Radio Pagers
Fee established to fund deaf program
Railroad Authorities
Individual authorities may opt out of right to tax
Railroad Crossings
Certain duty to eliminate transferred to local governments
Rape
Burden of proof amended when medical profession are charged
Real Estate Commission
Mortgage broker regulation transferred from
Real Property
Manufactured homes classified as real property
Redefined
Recall Elections
Municipal recalls, allowable reasons specified
Regional Railroad Authorities
Individual authorities may opt out of right to tax
Registered Agents
Procedure for changing simplified
Registers of Deeds
Fees increased
Rehabilitation Services
Scope of divisions' services amended
Release of Mortgages
Insurance companies authorized to execute
Rental Property
Taxation of trailers amended
Reorganization of State Government
Aeronautics Commission's functions reinstated
Child visitation enforcement program to be studied
Crime Victims' Compensation Program moved
Disability boards combined
Economic development board's powers extended
Mortgage brokers, regulation transferred
National Guard tuition reduction program, administration transferred
Sign language interpreters, certification authority transferred
Unclaimed Property Office transferred
Rescue Squads
Workers' compensation benefits increased
Resident Aliens
Drivers' license and identification cards must expire on date to leave country
Residential Facilities
Penalty increased for theft from inmates by employees
Residents
Higher education tuition, certain persons classified as residents
Retirement Benefits
See also South Dakota Retirement System
Exempted from garnishment or other attachment
Privatized government employees protected
Reverse Mortgages
Laws revised
Rural Electric Cooperatives
Authorized business interests increased
Safety Zones
Sex offenders, contact with victims may be prohibited
Sales Taxes
Lodging establishments and campgrounds redefined
Municipal tax, second cent may be used for street repair
Tourism promotion tax extended
Salespersons
Perpetual care cemeteries' sales agents may receive commissions
Sample Ballots
Time and methods of posting amended
Scholarships
Appropriation for Mickelson Scholars Program
Medical education scholarship program terminated
School aid, drug users banned
School Activities
Drug users banned
School and Public Lands Funds
Investing authority transferred to investment council
School Attendance
High school seniors, excused absences clarified
School Board Members
Surplus property, officers may not purchase except at auction
School Boards
Kindergarten terms, school boards may determine
School Curriculum
Character development classes authorized
School District Elections
Election date may be set earlier
School District Employees
Employer provided health insurance, authorization repealed
School Districts
Initiatives authorized to combine local governments
School Districts' Finances
Certain bonds exempt from property tax limits
Date for budget report amended
Levy requests may be made in dollars per thousands
Size of contracts exempted from bid procedure increased
State aid to follow transfer students if tuition is waived
Student transportation, capital outlay funds may be used
Tax levies reduced
School Enrollment
Statewide open enrollment authorized
School Lunch Programs
Authorized to serve additional patrons
School Residence
Foster children's residence determined by placement
School Standards
Established statewide
School Terms
Kindergarten terms, school boards may determine
Snow make-up days, extended hours authorized to fulfill
School Transportation
Fewer students eligible
Secretary of State
Fees increased
Securities
Uniform Securities Act updated
Sediment Damage Control
Land disturbing activities regulated
Self-service Storage Facilities
Regulated
Senior Citizens
Appropriation for tax refunds
Federal references in state tax rebate laws updated
Sentencing Procedure
Presentence reports required to be furnished to all parties
Sex Crimes
Additional convicted persons must register
Burden of proof amended when medical profession are charged
Certain juveniles required to register as sex offenders
Contact with victims may be prohibited
Genetic markers may only be kept for convicted persons
Sexual Abuse
Appropriation for shelters
Shoplifting
Penalties increased
Sign Language Interpreters
Certification authority transferred
Silviculture
Regulated
Sioux Falls Regional Landfill
Operation approved
Slot Machines
Shipping records must be maintained for five years
Small Claims Actions
Allowable costs increased
Attorneys' fees may be awarded
Discretionary removal by court repealed
Fee for removal repealed
Jury trials, special rule enacted for pilot project
Method for requesting jury specified
Right to jury trial specified
Separation of parties, procedure specified
Transfer to circuit court, clerks' duties specified
Small Claims Court
Magistrates' jurisdiction increased
Six-person juries provided
Small Claims Procedure
Temporary rule for six-person juries enacted
Snow Days
School make-up days, extended hours authorized to fulfill
Snow Removal
County minimum maintenance roads authorized
Municipal equipment exempted from overwidth vehicles requirement
Snowmobile Dealers
Requirements amended
Snowmobile Permits
Sales by agents, security requirement amended
Temporary permits extended
Snowmobiles
Uninsured and underinsured liability coverage, exempted from
Social Security
Department of Social Services must be notified of certain social security
numbers
Social Services Department
Crime Victims' Compensation Program moved
Licensure of adult foster care homes transferred from
Soil Erosion
Land disturbing activities regulated
Solid Waste Management
Appropriation made for grants and loans
Certain treatment information to be kept confidential
Sioux Falls Regional Landfill, operation approved
Sororities
Special property tax classification repealed
South Dakota Conservancy District
Appropriation made for grants and loans
South Dakota Retirement System
Additional credited service granted to certain members
Benefits for retired employees who return to work recalculated
Certain death benefits increased
Class B members may purchase certain additional credit
Deferred compensation fund placed in trust
Privatized employees protected
Retirement benefits increased for certain members
South Dakota State College
Swine test station, Regents authorized to accept title
South Dakota State University
Addition to Animal Disease Research and Diagnostic Laboratory authorized
Spearfish Rally
Licenses authorized for motorcycle and trailer sales at special events
Special Education
Funding, provisions made for shortfalls
Special Racing Revolving Fund
Domestic abuse shelters, transfer authorized for funding
Sports
Drug users banned from extracurricular activities
Stalking
Protection orders authorized
Redefined
State Aid To Education
Adult basic education programs appropriation
Copy of apportionment list need not be sent to county treasurers
School districts not operating schools ineligible for state aid
Special education funding, provisions made for shortfalls
State aid formula revised for schools receiving federal funds
State aid to follow transfer students if tuition is waived
Students in corrections department custody to be included
State Auditor
Allowed to temporarily draw on money between funds
State Buildings
Addition to Animal Disease Research and Diagnostic Laboratory at SDSU
authorized
Construction of unheated storage building at BHSU authorized
State Conservation Commission
Appropriation for grants
State Constitution
Budget transfers, amendment proposed
Initiatives authorized to combine local governments
Legislative conflict of interest, amendment proposed
State Contracts
State officers and employees, provisions clarified
State Employees
Dual compensation, certain authorization repealed
Medical savings account study required
Obsolete Game, Fish and Parks requirements repealed
Qualifications of director of laboratory services amended
State contracts with officers and employees, provisions clarified
State Fair
Additional projects authorized
State Fees and Charges
Commercial license plates and stickers, mailing fee established
Drivers' records, state may contract for sales of
Maintenance electricians' license, fee established
Supervision fees, parolees required to pay
State Fiscal Administration
Emergency rules authorized to mitigate state financial loss
State Auditor allowed to temporarily draw on money between funds
State Licenses
Nonresident pharmacies, license required
State Officers
State contracts with officers and employees, provisions clarified
State Parks
Hiddenwood Park changed to recreation area
Penalties for starting fires amended
State Property
Coal Gasification Plant, sale authorized
State Recreation Areas
License required at additional sites
State Treasurer
Unclaimed Property Office transferred from
State Universities
Certain persons classified as residents for tuition purposes
Statewide School Standards
Established
Statutory Construction
"Shall" defined
Stocks
Bank's stock, banks may purchase to cancel fractional shares
Storage Facilities
Regulated
Straight-party Voting
Abolished
Stranded Drivers
Costs to be assessed
Streets
Municipal sales tax, second cent may be used for street repair
Streets and Highways
Railroad crossings, certain duty to eliminate transferred to local governments
Strikes
Restriction on certain speech repealed
Student Transportation
Capital outlay funds may be used
Fewer students eligible
School Districts' Finances
Certain bonds exempt from property tax limits
Date for budget report amended
Levy requests may be made in dollars per thousands
Size of contracts exempted from bid procedure increased
State aid to follow transfer students if tuition is waived
Student transportation, capital outlay funds may be used
Tax levies reduced
Suicide
Civil enforcement of laws banning assistance authorized
Sunset Laws
Economic stimulation programs terminated
Medical education scholarship program terminated
Supreme Court
Order of business specified
Time for appeals of orders specified
Surety Bonds
Notaries' bond requirement increased
Suretyship
Sales by agents, security requirement amended
Surplus Property
Local officers may not purchase except at auction
Sutton Bay Recreational Area
Entrance license required
Sweepstakes
Regulated
Swine Test Station
Regents authorized to accept title
Tax Limitations
Individual railroad authorities may opt out of right to tax
Tax Limits
Home rule entities' taxing powers limited
Tax Refunds
Agricultural construction, tax refunds amended
Elderly and disabled persons, appropriation for refunds
Federal references in state laws updated
Taxation
Rental trailers, tax amended
Small delivery services, tax repealed
Technology
Electronic livestock auctions regulated
Telecommunications
Certain equipment exempted from bid requirements
Rural electric cooperatives, authorized business interests increased
State policy specified
Teleconferencing
Cooperatives and nonprofit corporations may conduct meetings
Parole hearings may be held by teleconference
Telegraph Companies Tax
Repealed
Telephone Merchandising
Regulated
Telephones
Fee on cellular telephones and radio pagers established to fund deaf program
Temporary Assistance To Needy Families
Aid to dependent children revised
Temporary Protection Orders
Magistrates may issue
Term Limits
Congressional candidates' positions, repeals requirement to print on ballots
Termination of Parental Rights
Grounds for termination amended
Only one parent required to be at hearing
Terminations made unconditional
Theft
Penalty increased for theft from patients in health care facilities
Tobacco Products
Cigarette machines prohibited where minors have access
Torts
Civil liability established for drug dealers
Crime victims, restitution must be ordered
False bomb reports, liability specified
Limitation on medical malpractice awards amended
Partial-birth abortions, cause of action established
Suicide, civil enforcement of laws banning assistance authorized
Tourism
Promotion tax extended
Township Officers
Surplus property, officers may not purchase except at auction
Township Roads
Speed limit established
Townships
Size of contracts exempted from bid procedure increased
Trademarks
Secretary's of state fees increased
Traffic Offenses
Additional persons may issue citations for speeding in construction zone
Rescue costs to be assessed
Speed limit established on township roads
Trailer Rentals
Taxation amended
Trailers
Licenses authorized for sales at special events
Transfer of Property
Constructive notice of boundaries, plats provide
Geographical limit on sales of good will extended
Municipal governing board may delegate duty to approve plats
Registers' of deeds fees increased
Sale of assets of nonprofit corporations must be reported
Tax may be paid before due date when a portion of property is sold
Transportation Commission
Interest rate on municipal airport loans categorized
Transportation Services
Small package deliveries, tax repealed
Trapping Licenses
Violations that are cause for license revocation revised
Trust Companies
Regulation amended
Trusts
Directed trusts authorized
Method of distributing funeral trust proceeds specified
Trust hearings, clerks of courts may schedule
Tuition
Certain persons classified for resident higher education tuition
State aid to follow transfer students if tuition is waived
Unclaimed Property Office
Transferred
Unemployment Compensation
Certain employers may reinstate old experience-rating accounts
Employers may purchase certain former experience-ratings
Unfair Discrimination
Defined for insurance business practices
Unified Judicial System
Child visitation enforcement program to be studied
Uniform Commercial Code
Certain certificates of deposit defined as negotiable instruments
Grace period for renewal of financing statements repealed
Revised
Secretary's of state fees increased
Uniform Legislation
Commission on Uniform Legislation membership increased
Uniform Probate Code
Department of Social Services must be notified of certain social security
numbers
Form for statement of claim promulgated
Uniform Securities Act
Federal references updated
Updated
Utilities
One-call notification system amended
Value Added Finance Authority
Beginning farmer redefined
Vending Machines
Cigarette machines prohibited where minors have access
Victims of Crime
Compensation program extended
Compensation program moved
Restitution must be ordered
Video Lottery Licenses
Publicly traded companies may hold
Violence Against Women Act
State's attorneys may receive additional compensation for services under
Vocational Rehabilitation Board
Duties of other disability board assumed
Sign language interpreters, certification authority transferred from
Voter Registration
Effective dates established for registrations out of auditors' offices
Voting
Straight-party voting at elections abolished
Voting Rights
Voting rights laws reinstated
Wages
Wages of separated employees, time for payment specified
Water and Environment Fund
Appropriations made for water projects
Water and Natural Resources Board
Certain information to be kept confidential
Financial assistance, board may contract for
Water Development Districts
Budgets, time to submit clarified
Rule-making authority made discretionary
Water Pollution
Land disturbing activities without erosion and sediment control ineligible for
state aid
Livestock feeding operations prohibited over shallow aquifers
Water Users Districts
Establishment procedure amended
Weather
Elections may be delayed by weather
Welfare
Aid to dependent children revised
Medical assistance may be recovered from the estates of deceased spouses
"Medical indigence" defined for county poor relief
Wildfires
Appropriation for suppression
Wine
Noncommercial production, license not needed
Women In Military Service for America Memorial
Appropriation for grant
Workers' Compensation
Ambulance services and rescue squad employees, benefits increased
Department of Labor need not be advised of worker safety programs
Health insurors must pay disputed claims until they are settled
Workplace Safety Reviews
Department of Labor need not be advised of programs in effect
Zoning
Boards of adjustment, voting requirement amended
County planning commissions, membership increased
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