TOPICAL INDEX
Ch. Page
Abandoned Vehicles
Impounded vehicles may be disposed
Abortion
Disposal of fetal remains regulated
Pharmacists are not required to furnish abortion medications
Reporting requirements amended
Absentee Voting
Allowed in township elections
Academic Achievement Tests
Reinstated for special education students
Accident Victims
Law enforcement to make known victims' intent to donate organs
Accidents
Traffic accident investigators authorized
Accounting
Clerks' of courts funds to be supervised by the Supreme Court
Conservators' annual accounting, additional items included
Administrative Hearings
Child abuse information may be released to hearing examiners
Administrative Rules of South Dakota
Federal poverty and food stamp guidelines may be adopted by rule
Mad Elk Disease, rules to contain authorized
Material incorporated by reference, number of necessary copies reduced
State Board of Elections' rule-making authority amended
Adoption
Termination of parental rights, additional grounds enumerated
Adult Basic Education
Appropriation for grants
Advertising
Attorneys' advertising regulated
Aerial Hunting
Permit required
Agency
Game, fish and parks licenses, fee for selling increased
Relations between parties to a real estate contract clarified
Agricultural Equipment
Franchisors must pay reasonable compensation for warranty services
Agricultural Land
See Assessment of Real Property
Agricultural Leases
Relations between parties to a real estate contract clarified
Restriction on leases to one person repealed
School land leases may be renewed by ordinary postal service
Agricultural Promotion
Sunflower checkoff fee increased
Airports
Negligence suits against regional airports, statute of limitations enacted
Alcoholic Beverages
Certain manufacturers may own a lodging establishment
Cider regulated
Fraudulent use of identification card, suspension period codified
Licensees may offer free samples
Persons under 21 may not drive after imbibing any amount
Pregnant women may be committed for abusing alcohol
Pregnant women may be committed for being intoxicated
Aldermen
Aldermanic municipalities may set the terms of office
Ambulance Districts
Creation simplified
Ambulances
Motor vehicle dealerships authorized
Anatomical Gifts
Law enforcement to make known accident victims' intent to donate organs
Anhydrous Ammonia Tank Trailers
Weight restriction amended
Animal Industry Board
Rules to contain Mad Elk Disease established
Antique Firearms
Included in gun control laws
Appellate Procedure
County equalization boards, appeals may be perfected by mail
Appellate Settlement Conferences
Procedure repealed
Appropriations and Expenditure Authorizations
Adult Basic Education ($200,000)
Domestic and sexual abuse shelters ($350,000)
Environmental livestock cleanup fund ($750,000)
General Appropriations Act ($1,954,476,388)
Land purchase at Vermillion ($218,000)
Mickelson Scholars Program ($216,283)
Northern Crops Institute grant ($25,000)
Performing arts center and wellness center at SDSU ($10,400,000)
Recreational center at Dakota State University ($8,235,000)
Softball complex at USD ($545,000)
State Conservation Commission ($1,275,000)
Statewide 911 emergency reporting system ($50,000)
Tax refunds for elderly and disabled persons ($1,000,000)
Engineering and technology facilities renovation at School of Mines
($7,500,000)
Water project expenditures ($24,467,500)
Arbor Day
Reestablished
Archery
Bow and arrow hunting prohibited from motor vehicles
Architects
Design-build procurement process, contractors need not be architects
Arrests
Bail bondspersons, requirements increased
Persons correcting children not subject to warrantless arrest for assault
Seized weapons to be kept by arresting agency
Assaults
Penalty increased for assaults by inmates of jails or detention facilities
Persons correcting children not subject to warrantless arrest for assault
Third offense simple assault, penalty increased
Assessment of Real Property
Agricultural land, certain classified as nonagricultural
Agricultural land, certain sales exempted from comparison valuation
Agricultural land, location and size may be considered for valuation
Allowable school levies reduced
Appeals from boards of equalization may be made by mail
Certain agriculture land sales may not be used for appraisals
Classification of agricultural land, unconstitutional provision repealed
Constitutional proposal would allow several agricultural classifications
Flooded lands, special procedure authorized
Telecommunications companies, valuation of taxable property amended
Assistive Technology
Special education funds may be used for purchase
Athletic Trainers
Temporary permits authorized
Attachment for Debt
Sheriffs' fees authorized
Attorney General
Subpoena power when investigating attorneys amended
Attorneys
Admission to practice, additional multistate examinations approved
Admission to practice, filing dates amended
Advertising regulated
Bar, multistate scoring amended
Bar examination scoring amended
Bar examination subjects amended
Clients records may be subpoenaed by disciplinary board's counsel
Disciplinary hearings, board members may examine witnesses
Disciplinary hearings, board members may question witnesses
Discipline, attorney general's subpoena power amended
Discipline procedure, language updated
Discipline procedure, technical correction made
Failure of bar examinations, permission required to retake
Indigent defense services may be contracted
Motor vehicle franchise agreements may not require payment of attorneys' fees
Multistate examinations, places and dates fixed
Out-of-state attorneys, admission requirements amended
Restrictions on right to practice, ethics requirements amended
Sale of law practice, ethics rules adopted
Sales of law firms, Rules of Conduct amended
Temporary members of the bar, termination regulated
Trust accounting procedures amended
Auctions
Certain motor vehicles not titled in South Dakota may be sold at auction
Lake sediment on school lands exempted from auction sales
Sale of new merchandise authorized without a license
School property may be sold at auction
Automobile Transporters
Allowable length increased
Average Daily Membership
Consolidated school districts, allows longer period to compute daily
membership
Bad Checks
Prima facie evidence of passing established
Bad River Watershed Project
Grant authorized
Bail
Domestic abusers who violate conditions of release, security to be forfeited
Qualifications and penalties of bondspersons amended
Ballot Stamps
Omission allowed when ballots are pre-printed
Bank Dividends
Defined
Bank Franchise Tax
Federal references updated
Bank Holding Companies
Exempted from real estate licensure
Banks
Loan production offices must be licensed
Bankruptcy
Amount of property exempted from process increased
Persons not head of households may claim exemptions
Bar Examination
Additional multistate examinations approved
Fees increased
Filing dates amended
Scoring amended
Multistate examinations, places and dates fixed
Multistate examination, scoring amended
Subjects amended
Three failures, permission required to retake after
Bids and Bidding Procedure
Design-build procurement process authorized
Design-build procurement process, contractors may offer and provide
Municipalities and counties may buy communications equipment and computers
without bids
School lands lake sediment exempted from auction sales
Big Game
Hunting licenses set aside for landowners
Bill of Rights
Bill of Rights Day established
Black Hills Hydrology and Water Management Study
Grant authorized
Blind Persons
School for the Visually Handicapped, name changed
School for the Visually Handicapped, money transferred for maintenance and
repair
Board of Counselor Examiners
Membership amended
Boats
Allowable length of boat transporters increased
Dealerships regulated
Liens may be noted on manufacturers' certificate of origin
Registration procedures amended
Brands
Freeze brands may be used on horses and mules
Brennan Reservoir Project
Grant authorized
Bridges
Guardrails not required on county and township bridges
Brookings
Performing arts center and wellness center authorized at SDSU
Building Authority
Engineering and technology facilities at SM&T, renovation authorized
Postsecondary technical institutes, bonding authority increased
Recreational center at Dakota State University authorized
Candidates for Political Election
Party affiliation required
Certified Mail
School land leases may be renewed by ordinary postal service
Change of Names
Families may file a joint petition to change names
Checkoff Fees
Sunflower checkoff fees increased
Child Abuse and Neglect
Confidential information may be released to hearing examiners
Domestic abusers who violate conditions of release, security to be forfeited
Parents may be required to take training in parenting skills
Child Custody
Custody may be granted to prevent harm to a child
Termination of parental rights, additional grounds enumerated
Child Support
Hunting and fishing licenses may be revoked for failure to pay child support
Method of perfecting liens amended
Childbirth
Abortion reporting requirements amended
Disposal of fetal remains regulated
Family members may be present at birth
Insured persons may opt out of 48 hours of hospital care after childbirth
Pregnant women may be committed for abusing alcohol or drugs
Pregnant women may be committed for being intoxicated
Children
Adjudicated children may be placed in additional facilities
Persons correcting children not subject to warrantless arrest for assault
Chiropractors
Licenses need not be filed with registers of deeds
Chronic Wasting Disease
Rules to contain Mad Elk Disease established
Cider
Fermented cider regulated
Cigarettes
Minors' prohibition on use enhanced
Circuit Court Judges
Judicial officers may acknowledge instruments anywhere in the state
Mandatory visits to county seats repealed
Circuit Court Procedure
Dismissal for lack of prosecution, limits
Pleadings, roman numerals may not be used
Civil Procedure
Consanguinity defined for challenging jurors for cause
Families may file a joint petition to change names
Release of counterfeit documents made easier
Venue in postjudgment domestic cases may be changed
Clerks of Court
All clerks of court may acknowledge magistrates' signatures
Deputy clerks of court may administer oaths
Judicial officers may acknowledge instruments anywhere in the state
Temporary service in another county authorized
Closing Statements
Realtor's duty to furnish closing statements specified
Code and Compilations
1997 legislation codified
Comparative Negligence
Supreme Court ruling abrogated
Computers and Data Processing
Assistive technology, special education funds may be used for purchases
Certain governments can buy telecommunications and computer equipment
without bids
Encoded information on drivers' licenses limited
Condemnation
Place to file resolution of taking amended
Confidential Information
See also Privileged Communications
Child abuse information may be released to hearing examiners
Mediation information made privileged
Medical committees, certain patient information made confidential
Trade secrets may not be released by economic development organizations
Congressional Term Limits
Candidates' support for term limitations, duty to determine amended
Consanguinity
Defined
Conservancy District
Grants and loans, appropriation made
Conservation District
Appropriation for grants
Conservators
Annual accounting, additional items included
Consolidated School Districts
Average daily membership, allows longer averaging period
Constitution
Assessment of property, proposal would allow several agricultural
classifications
Governor's qualifications, proposal to set minimum age
School funds, proposal to invest in stocks
Consumer Affairs
Change of long distance company, third-party verification authorized
Continuing care retirement communities' contracts regulated
Service agreements exempted from insurance regulations
Consumer Power Districts
Creation and administration made easier
Continuing Care Retirement Communities
Contracts regulated
Construction
Design-build procurement process, public corporations may use
Design-build procurement process, contractors may offer and provide
Uniform Building Code updated
Contracting School Districts
Schools must operate elementary and secondary programs or reorganize
Schools not receiving state aid exempted from mandatory tax levy
Contractor's Excise Tax
Filing provisions amended
Locksmiths exempted
Contracts
Agricultural equipment franchisors must pay reasonable compensation for
warranty services
Leases may be covered by credit insurance
Motor vehicle franchise agreements, hearing required on amendments
Teachers' contracts, failure to accept will terminate the existing contract
Conventions
Any person may sell a trailer at special events
Truck tractor sales at temporary special events authorized
Vehicle trailers, all may be displayed
Coroners
Subpoenas outside their own counties authorized
Coordinated Soil and Water Conservation Fund
Money appropriated to State Conservation Commission
Corporations
Limited liability companies, powers expanded
Correctional Facilities
Adjudicated children may be placed in additional facilities
Assaults by inmates of jails or detention facilities, penalty increased
Correctional Inmates
See Parolees
Counselors
Counselors re-regulated
Counselors licensing requirements amended
Marriage and family therapists re-regulated
Counterfeit Instruments
Release of false instruments made easier
Counties
Publication of salaries, additional time allowed
County Auditors
Condemnations, place to file resolution of taking amended
County Boards of Equalization
Appeals may be perfected by mail
County Commissions
Number of allowable commissioners increased
Meetings, notice provisions amended
County Property
Weeds and pests must be kept off governmental property
County Roads
Bridges, guardrails not required
Certain municipalities may receive county road funds
Map prepared by auditor need not show other roads
Road districts, creation simplified
County Fiscal Administration
Communications equipment and computers may be purchased without bids
County Treasurers
Boat registration procedures amended
Property tax receipts will only be issued by request
Credit Life and Health Insurance
Leases may be included in coverage
Crematories
Regulation transferred
Crime Victims
Courts given discretion when granting compensation
Procedure for granting compensation amended
Crimes
Abortion reporting requirements amended
Assaults by inmates of jails or detention facilities, penalty increased
Bail bondsperson, penalties for misbehavior increased
Bow and arrows, use prohibited from motor vehicles
Child abuse parents may be required to take training in parenting skills
Convicted sex offenders, penalty provided for failure to annually register
Deceptive practices by lodging establishments prohibited
Disposal of fetal remains regulated
Driving under the influence, revocation procedure amended
Drug free zones around schools increased
Drug penalties increased
Fraudulent use of driver's license, suspension period codified
Persons convicted of felony drug offenses may not own firearms
Revocation of hunting or fishing privilege in another state applies in
South Dakota
Indecent exposure, grounds amended
Persons under 21 may not drive after imbibing any amount
Pornography, allows additional prosecutions
Sex offender registration, additional information required
Simple assault, penalty increased for third offense
Criminal History Checks
Authorized for employees of the Sisseton-Wahpeton Tribe
Bail bondspersons, required for licensure
Criminal Procedure
All grand jury testimony must be recorded
Consanguinity defined for challenging jurors for cause
Costs increased to pay for law enforcement training
Death sentences, circuit court judge can set amended date
Domestic abusers who violate conditions of release, security to be forfeited
Indigent defense may be contracted for
Insurance licensees' criminal convictions must be reported to Insurance
Division
Curative Acts
Negligence suits against regional airports, statute of limitations enacted
Daytime Running Lights
Authorized for motor vehicles
Deadwood
Monitoring of casinos required
Deaf School
Maintenance and repair, money transferred for
Death Warrants
Death sentences, circuit court judge can set amended date
Debtor and Creditor
Amount of property exempted from process increased
Exemptions from garnishment amended
Fee for preparing garnishment disclosure increased
Installment loan requirements revised
Investment securities, Uniform Commercial Code revised
Letters of credit, Uniform Commercial Code revised
Loan production offices must be licensed
Mortgage brokers regulated
Motor vehicle and boat liens may be noted on manufacturers' statement of
origin
Release of counterfeit instruments made easier
Department of Military and Veterans' Affairs
Patient employees excluded from definition of full-time equivalent
Design-build procurement Process
Contractors may offer
Governmental agencies may use process
Dies
Manufacturers' liens authorized
Disabled Persons
Appropriation for tax refunds
School for the Deaf, money transferred for maintenance and repair
School for the Visually Handicapped, name changed
School for the Visually Handicapped, money transferred for maintenance
and repair
Disaster Relief
State employees needed for disaster relief may not take disaster volunteers'
leave
Divers and Diving
Use of diver-down flags regulated
Dividends
Bank dividends defined
Division of Criminal Investigation
Criminal history checks authorized for employees of the Sisseton-Wahpeton
Tribe
Divorce
Venue may be changed in postjudgment cases
Domestic and Sexual Abuse
Child abuse, parents may be required to take training in parenting skills
Marriage license applications must include warning on spousal abuse
Perpetrators who violate conditions of release, security to be forfeited
Shelter program funded by special racing fund
Domestic Relations
Families may file a joint petition to change names
Family members may be present at childbirth
Termination of parental rights, additional grounds enumerated
Venue may be changed in postjudgment cases
Drinking Water
Federal Safe Drinking Water Act complied with
Drivers' Licenses
Driving under the influence, revocation procedure amended
Fraudulent use of license, suspension period codified
Information on licenses limited
Jury panels may be picked from most recent drivers' license list
Minimum driving age increased
Driving Under the Influence
Persons under 21 may not drive after imbibing any amount
Revocation procedure amended
Drugs and Dangerous Substances
Drug free zones around schools increased
Drug penalties increased
Persons convicted of felony drug offenses may not own firearms
Pregnant women may be committed for abusing drugs
Pregnant women may be committed for being intoxicated
Economic Development
Revenue bonds may be used to build private schools
Revenue bonds may be used to purchase goodwill
Trade secrets may not be released by economic development organizations
Educational Facilities Fund
Use for lease payments authorized
Education Loan Insurer
Authorized
Elderly Persons
Appropriation for tax refunds
Elections
Ballot stamps may be omitted when ballots are pre-printed
Candidates, townships may require petitions
Candidates' support for term limitations, duty to determine amended
Challenges of voters in municipal and school elections, procedure provided
Election workers exempted from unemployment compensation
Judicial elections, candidates must complete ethics course
Party candidates, affiliation required
State Board of Elections' rule-making authority revised
Township elections, absentee voting allowed
Voter registration lists, additional notification required before purging
Electric Utilities
Consumer power districts, creation and administration made easier
Rural electric cooperatives, certain elections may be held by mail
Elk
Elk and turkey causing damage, landowners may take
Rules to contain Mad Elk Disease established
Emergency Motor Vehicles
Dealerships regulated
Emergency Reporting System (911)
Coordinated statewide emergency reporting system authorized
Operators must be certified
Eminent Domain
Place to file resolution of taking amended
Engineers
Design-build procurement process, contractors need not be engineers
Environmental Protection
Environmental livestock cleanup fund established
Federal Safe Drinking Water Act complied with
Discharges from feedlots prohibited
Environmental damages from feedlots, makes livestock owners liable
Waste tires, proper disposal required
Equalization of Property Taxes
Appeals may be made by mail
Median level of assessment, specifies method of calculation
Estate Tax
Federal tax code references updated
Ethanol
Additional denaturing substances authorized
Production incentive payments, eligibility clarified
Subsidy funds redistributed
Evidence
All grand jury testimony must be recorded
Bad checks, prima facie evidence of passing established
Mediation information made privileged
Restriction on use of physicians' report amended
Execution of Court Orders
Sheriffs' fees authorized
Exemption from Process
Amount of exempt property increased
Extended Warranty Plans
Service agreements exempted from insurance regulations
Farm Implement Dealers
Towing of certain vehicles in combinations allowed
Federal Prison Camp
Concurrent jurisdiction granted
Federal Requirements
Child support laws updated
Exemptions from garnishment amended
Federal Safe Drinking Water Act complied with
Federal tax references updated
Intrastate motor carrier requirements amended
Poverty and food stamp guidelines may be adopted by administrative rule
Financial Institutions
Exemptions from garnishment amended
Loan production offices must be licensed
Financing and Continuation Statements (UCC)
Additional filing time allowed
Fire Protection Districts
Certification of tax levy request, time extended
Creation of rural districts simplified
Fire Trucks
Motor vehicle dealerships authorized
Firearms
Antique firearms covered under gun control laws
Persons convicted of felony drug offenses may not own firearms
Seized weapons to be kept by arresting agency
Fireworks
Pyrotechnics Code updated
Fishing
Fee for issuing licenses increased
Licenses may be revoked for failure to pay child support
Revocation of privilege in another state applies in South Dakota
Flooded Lands
Special assessments authorized
Food Stamps
Federal guidelines may be adopted by administrative rule
Foreclosure
Amount of property exempted from process increased
Franchise Agreements
Agricultural equipment franchisors must pay reasonable compensation for
warranty services
Any person may sell a trailer at special events
Boat dealerships regulated
Emergency vehicle dealerships authorized
Franchise agreements may be transferred by secession or devise
Franchise agreements may not require payment of franchisors' attorneys' fees
Franchise agreements, notification and hearing required over amendments
Truck tractor sales at temporary special events authorized
Fraud
Release of counterfeit instruments made easier
Freeze Brands
Use on horses and mules authorized
Full-time Equivalent (FTE)
Patient employees exempted from definition
Gaming
Criminal history checks authorized for employees of the Sisseton-Wahpeton
Tribe
Monitoring of Deadwood casinos required
Outside independent study required
Garnishment
Amount of property exempted from process increased
Exemptions amended
Fee for preparing garnishment disclosure increased
Persons not head of households may claim exemptions
General Appropriations Act
Enacted
Goodwill
Economic development revenue bonds may be used to purchase goodwill
Governor
Governor's qualifications, proposal would set minimum age
Grand Juries
All grand jury testimony must be recorded
Group Insurance
Employee group health insurance may offer supplemental life insurance
Guardianship
Conservators' annual accounting, additional items included
Guardianship of child patients at Human Services Center transferred
Pregnant women may be committed for abusing alcohol or drugs
Pregnant women may be committed for being intoxicated
Guides
Guided hunting regulated
Gun Control
Antique firearms included
Hazardous Materials Transportation
Intrastate motor carrier requirements amended
Health and Educational Facilities Authority
Additional investments authorized
Duties of investment council to provide services for school funds specified
Health Care Facilities
Medical clinics, all municipalities may own and operate
Health Insurance
Availability and portability requirements amended
Coverage required when employer ceases operation
Employee group insurance may offer supplemental life insurance
Insured persons may opt out of 48 hours of hospital care after childbirth
Mental illness must be covered by health insurance
Small employers exempted from certain requirements
Stop loss or excessive insurance provisions regulated
Hearing Impaired Persons
School for the Deaf, money transferred for maintenance and repair
Highways
Certain municipalities may receive county road funds
Guardrails not required on county and township bridges
Segments removed from State Trunk Highway System
Holidays
Arbor Day reestablished
Bill of Rights Day established
Horses
Freeze brands may be used
Hotels
Certain alcoholic beverage manufacturers may own a lodging establishment
Deceptive practices by lodging establishments prohibited
Housing
Deceptive practices by lodging establishments prohibited
Mobile and manufactured home dealers may operate additional lots
Mobile and manufactured homeowners given extra time to register for property
tax relief
Real estate salespersons may sell newer mobile or manufactured homes
Property taxes on manufactured homes amended
Human Services Center
Guardianship of child patients transferred
Human Services Department
Certain clients classified as residents for vocational rehabilitation training
Hunting
Aerial hunting, permit required
Big game licenses set aside for landowners
Bow and arrows, use prohibited from motor vehicles
Elk and turkey causing damage, landowners may take
Fee for selling licenses increased
Guided hunting regulated
License surcharge established to fund hunters' access
Licenses may be revoked for failure to pay child support
Nonresident waterfowl licenses increased
Resident predator/varmint license established
Revocation of privilege in another state applies in South Dakota
Identification Cards
Fraudulent use of card, suspension period codified
Immunity
Criminals may not sue victims for damages
Discharges from feedlots prohibited
Environmental damages at feedlots, makes livestock owners liable
Physicians' review committees, civil immunity specified
Impounded Vehicles
Disposal authorized
Income Tax
Federal references updated
Indecent Exposure
Grounds amended
Indian Tribes
Criminal history checks authorized for employees of the Sisseton-Wahpeton
Tribe
Indigent Defense
Indigent defense may be contracted for
Installment Loan Licenses
Requirements revised
Insufficient Funds Checks
Prima facie evidence of passing established
Insurance
See also Health Insurance
Nonprofit insurance organizations must comply with Insurance Code
Qualified education loan insurers authorized
Service contracts exempted from insurance regulations
Insurance Licensees
Criminal convictions must be reported to Insurance Division
Investment Council
Duties of council to provide services for school funds specified
Payment for services to the permanent school fund, method provided
Investment Securities
Uniform Commercial Code revised
Involuntary Commitment
Pregnant women may be committed for abusing alcohol or drugs
Pregnant women may be committed for being intoxicated
Irrigation Districts
Creation of districts simplified
James River Restoration Project
Grant authorized
Judgments
Amount of property exempted from process increased
Judicial Conference
Magistrates added
Judicial Elections
Candidates must complete election practices course
Judicial Ethics Committee
Established
Judicial Qualifications Commission
Campaign practices, special regulatory committee created
Immunity provided
Special regulatory committee, immunity established
Juries
Consanguinity defined for challenges for cause
Jury districts, creation made discretionary
Jury lists, most recent list of drivers' licenses may be used
Jurisdiction
Federal Prison Camp, concurrent jurisdiction granted
Magistrates may be temporarily assigned to other circuits
Juveniles
Adjudicated children may be placed in additional facilities
Child custody may be granted to prevent harm to a child
Minimum driving age increased
Persons correcting children not subject to warrantless arrest for assault
Persons under 21 may not drive after imbibing any amount
Tobacco prohibition enhanced
Kinship
Consanguinity defined for challenging jurors for cause
Labor
Health insurance coverage required when employer ceases operation
Law enforcement officers' certification may be revoked for unbecoming conduct
Teachers contracts, failure to accept will terminate the existing contract
Landlord and Tenant
Educational facilities fund may be used for lease payments
Relations between parties to a real estate contract clarified
Landowners
Elk and turkey causing damage may be taken
Special big game hunting licenses set aside for landowners
Landfills
Grant authorized for management program
Waste reduction goals postponed
Waste tires, proper disposal required
Law Enforcement
Accident victims, law enforcement to inform victims' intent to donate organs
Criminal costs increased to pay for law enforcement training
911 emergency operators must be certified
Traffic accident investigators authorized
Law Enforcement Officers
Certification may be revoked for conduct unbecoming an officer
Law School Faculty
Admission to bar, requirements amended
Legislation
1997 legislation codified
Legislative Studies
Gaming, outside independent study required
Legislators
Salary increased
Letters of Credit
Uniform Commercial Code revised
Lewis and Clark Rural Water System
Grant authorized
Liability
Judicial Qualifications Commission, immunity provided
License Plates
Year 2000 plates authorized
Licensed Professional Counselors
Counselors licensing requirements amended
Liens
Child support liens, method of perfecting amended
Manufacturers' liens authorized
Motor vehicle and boat liens may be noted on manufacturers' statement of origin
Release of counterfeit instruments made easier
Tax deeds, service requirements amended
Life Insurance
Employee group health insurance may offer supplemental life insurance
Limited Liability Companies
Powers expanded
Livestock
Discharges from feedlots prohibited
Environmental damages at feedlots, makes livestock owners liable
Rules to contain Mad Elk Disease established
Local Government
Creation of special districts, procedures unified
Publication of salaries, time extended
Locksmiths
Exempted from contractor's excise tax
Lodging Establishments
Certain alcoholic beverage manufacturers may own a lodging establishment
Deceptive practices prohibited
Mad Elk Disease
Rules covering testing and quarantine established
Madison
Recreational center at Dakota State University authorized
Magistrate Judges
Assignments to other circuits authorized
Added to Judicial Conference
All clerks of court may acknowledge magistrates' signatures
Judicial officers may acknowledge instruments anywhere in the state
Magistrates
Temporary service in another county authorized
Manufactured Homes
Dealers may operate additional lots
Homeowners given extra time to register for property tax relief
Property taxes on manufactured homes amended
Real estate salespersons may sell newer manufactured homes
Manufacturers' Liens
Authorized for dies, molds, forms, and patterns
Marriage and Family Counselors
Re-regulated
Marriage License Applications
Warning on spousal abuse to be included
Mediation
Information made confidential
Medical Clinics
All municipalities may own and operate
Medical Review Committees
Certain patient information made confidential
Medical Services
Continuing care retirement communities' contracts regulated
Creation of ambulance districts simplified
Donation of state employee sick leave, restriction eased
Wellness center at SDSU, appropriation made for
Medication Aides
Abolished
Mental Illness
Mental illness must be covered by health insurance
Pregnant women may be committed for abusing alcohol or drugs
Pregnant women may be committed for being intoxicated
Mickelson Scholars Program
Appropriation to fund
Mid-Dakota Rural Water System
Grant authorized
Midwifery
Family members may be present during childbirth
Minerals
Lake sediment exempted from state mineral lease auctions
Minimum Driving Age
Minimum driving age increased
Minors
Minimum driving age increased
Tobacco prohibition enhanced
Mni Wiconi Rural Water System
Loan authorized
Mobile Homes
Dealers may operate additional lots
Homeowners given extra time to register for property tax relief
Real estate salespersons may sell newer mobile homes
Molds
Manufacturers' liens authorized
Mortgage Brokers
Regulated
Motels
Certain alcoholic beverage manufacturers may own a lodging establishment
Deceptive practices by lodging establishments prohibited
Motor Carriers
Intrastate motor carrier requirements amended
Maximum length of vehicle combinations extended
Motor Vehicles
Impounded vehicles may be disposed
Motor Vehicle Auctions
Certain vehicles not titled in South Dakota may be sold at auction
Motor Vehicle Dealers
Agricultural equipment franchisors must pay reasonable compensation for
warranty services
Allowable length of automobile transporters increased
Any person may sell a trailer at a special event
Boat dealerships regulated
Emergency vehicle dealerships authorized
Franchise agreements may be transferred by secession or devise
Franchise agreements may not require payment of franchisors' attorneys' fees
Franchise agreements, notification and hearing required over amendments
Sell-it-yourself lots regulated
School bus dealers may make certain certifications
Truck tractor sales at temporary special events authorized
Motor Vehicle Hunting
Use of bow and arrows from motor vehicle prohibited
Motor Vehicle License Plates
Year 2000 plates authorized
Motor Vehicle Liens
Liens may be noted on manufactures' statement of origin
Motor Vehicle Safety Requirements
Allowable length of automobile and boat transporters increased
Anhydrous ammonia tank trailers, weight restriction amended
Daytime running lights authorized
Farm implement dealers may tow certain vehicles in combination
School bus dealers may make certain certifications
School bus stop arm signals not required
Motorcycles
Certain vehicles not titled in South Dakota may be sold at auction
Multistate Bar Examinations
Additional authorized
Municipal Aldermen
Terms of office may be set by ordinance
Municipal Elections
Challenges to voters, procedure provided
Municipal Fiscal Administration
Certain municipalities may receive county road funds
Communications equipment and computers may be purchased without bids
Municipal Medical Clinics
Authorized in all municipalities
Municipal Planning and Zoning
All municipalities may contract for services
Certain zoning decisions may not be protested
Municipal Property
Weeds and pests must be kept off governmental property
Municipalities
Publication of salaries, additional time allowed
Trade secrets may not be released by economic development organizations
National Guard
Enlisted personnel's quarters allowance repealed
Paymasters abolished
Negligence
Suits against regional airports, statute of limitations enacted
Negligent Entrustment of Livestock to Another
Environmental damages at feedlots, makes livestock owners liable
911 Emergency Service
Coordinated statewide emergency reporting system authorized
Operators must be certified
Nominating Petitions
Townships may require
Nondriver Identification Cards
Fraudulent use of card, suspension period codified
Nonprofit Corporations
Insurance organizations required to comply with Insurance Code
Economic development revenue bonds may fund private schools
Schools may contract for recreational facilities
Nonresidents
Challenges to nonresident voters authorized
Waterfowl hunting licenses increased
Vocational rehabilitation program, certain persons classified as residents
Nonsufficient Funds Checks
Prima facie evidence of passing established
Northern Crops Institute
Appropriation for grant
Notice
Chiropractors' licenses need not be filed with registers of deeds
County commission meetings, notice provisions amended
Publication of salaries, local governments allowed additional time
Sale of property for taxes, uniform publication charges established
Voter registration lists, purging requires additional notice
Nuisances
Elk and turkey causing damage, landowners may take
Resident predator/varmint hunting established
Weeds and pests must be kept off governmental property
Oaths and Acknowledgments
All clerks of court may acknowledge magistrates' signatures
Deputy clerks of court may administer oaths
Judicial officers may acknowledge instruments anywhere in the state
Obscenity
Additional prosecutions authorized
Open Enrollment
Provisions simplified
Organ Donations
Law enforcement to make known accident victims' intent to donate organs
Overlength Motor Vehicles
Maximum length extended
Parenting Skills
Child abuse, parents may be required to take training in parenting skills
Parks
Allowable fee for issuing park licenses increased
Parolees
Disposition of supervision fees specified
Paternity Cases
Venue may be changed in postjudgment cases
Passenger Restraints
Additional children required to be restrained
Paymasters
National Guard paymasters abolished
Permanent School Funds
Duties of council to provide services for school funds specified
Investment in stocks, proposal to allow
Pesticides
Registration procedures amended
Pests
Weeds and pests must be kept off governmental property
Pharmacists
Pharmacists are not required to furnish abortion medications
Physicians
Civil immunity of peer review committees specified
Written reports admitted into evidence, restriction amended
Pickstown
Certain municipalities may receive county road funds
Planning and Zoning
All municipalities may contract for services
Certain municipal zoning decisions may not be protested
Pleadings in Circuit Court
Roman numerals may not be used
Political Candidates
Party affiliation required for party candidacy
Pornography
Additional prosecutions authorized
Postal Service
School land leases may be renewed by ordinary postal service
Postsecondary Education
Bonding authority increased
Transfer of certain credits mandated
Power Districts
Consumer power districts, creation and administration made easier
Pregnancy
Abortion reporting requirements amended
Disposal of fetal remains regulated
Family members may be present during childbirth
Insured persons may opt out of 48 hours of hospital care after childbirth
Pregnant women may be committed for abusing alcohol
Pregnant women may be committed for being intoxicated
Prisons
Adjudicated children may be placed in additional facilities
Private Schools
Economic development bonds may be used for funding
Privileged Communications
Mediation information made confidential
Students' communications with school psychologists made privileged
Probate
Motor vehicle dealerships may be passed by succession
Property Tax Assessment Freeze
Additional persons made eligible
Property Tax Levies
Contracting school districts, certain exempted from minimum levy
Local levy for special education amended
Maximum school levies reduced
Rural fire protection districts' tax levy request, time extended
School levy reports need not be made by business manager
Property Tax Receipts
Receipts will be issued only by request
Property Tax Reduction Fund
Unobligated cash to be transferred to
Property Tax Refunds to Elderly and Disabled
Federal tax references updated
Property Tax Relief
Mobile and manufactured homeowners given extra time to register
Property Transfers
Condemnations, place to file resolution of taking amended
Relations between parties to a real estate contract clarified
Sale of property for taxes, uniform publication charges established
Psychologists
Students' communications with school psychologists made privileged
Public Accommodations
Certain alcoholic beverage manufacturers may own a lodging establishment
Deceptive practices by lodging establishments prohibited
Public Defenders
Indigent defense may be contracted for
Public Employees
Veterans' Home patient employees excluded from definition of full-time
equivalent
Public Health
Crematories, regulation transferred
Public Indecency
Indecent exposure, penalty lessened for certain acts
Public Records
Child abuse information may be released to hearing examiners
Encoded information on drivers' licenses limited
Release of counterfeit instruments made easier
Public Safety
911 emergency operators must be certified
Public Utilities Commission
Regulation of telecommunications companies revised
Publication
Publication of salaries, local governments allowed additional time
Qualified Education Loan Insurer
Authorized
Quarters Allowance
National Guard quarters allowance repealed
Real Estate Brokers and Salespersons
Advertising restrictions amended
Bank holding companies exempted from licensure
Duty to furnish closing statements specified
Examination requirements amended
Newer mobile or manufactured homes, sales authorized
Real estate broker redefined
Real estate salesperson redefined
Relations between parties to a real estate contract clarified
Restrictions on licensees clarified
School property may be sold by real estate brokers
Unprofessional conduct specified
Recreation and Sports
Athletic trainers, temporary permits authorized
Diver-down flags, requirements amended
Schools may contract for construction of recreational facilities
Softball complex at USD authorized
Recycled Materials
Waste reduction goals postponed
Waste tires, proper disposal required
Red Cross
State employees needed during disasters may not take voluntary leave
Regents
See University of South Dakota
Appropriation made to purchase old Vermillion golf course
Educational facilities fund may be used for lease payments
Softball complex at USD authorized
Regional Airports
Negligence suits against regional airports, statute of limitations enacted
Registers of Deeds
Release of counterfeit instruments made easier
Registered Mail
School land leases may be renewed by ordinary postal service
Registration of Convicted Sex Criminals
Additional information required for annual registration
Annual registration, penalty provided for failure
Indecent exposure, certain convictions changed to public indecency
Rehabilitation
Workers' compensation rehabilitation depends on evidence of employability
Reorganization of School Districts
Schools must operate elementary and secondary programs or reorganize
Residency Requirements
Admission of out-of-state attorneys, procedure amended
Retirement
See also South Dakota Retirement System
Continuing care retirement communities' contracts regulated
Roads
Certain municipalities may receive county road funds
Creation of county road districts simplified
Guardrails not required on county and township bridges
Rural Electric Cooperatives
Certain elections may be held by mail
Rural Fire Protection Districts
Certification of tax levy request, time extended
Creation simplified
Sale of Property for Taxes
Uniform publication charges established
Sales Taxes
Locksmiths included
Refund program, federal references updated
U.S. postage exempted from tax
Sanitary Districts
Creation of districts simplified
Scholarships
Mickelson Scholars Program funded
Workers' compensation covers certain scholarships
School and Public Lands
Duties of council to provide services for school funds specified
Renewal of leases may be made by ordinary postal service
Restriction on leases to one person repealed
Sale of lake sediment exempted from auction sales
Sale of small tracts eased
Selection of land for annual sale simplified
Weeds and pests must be kept off governmental property
School Buses
Dealers may make certain certifications
Stop arm signals not required
School Curriculum
Language arts and mathematics, implementation required
School Districts
Contracts with nonprofit organizations for recreational facilities authorized
Publication of salaries, additional time allowed
School property may be sold at auction or by real estate brokers
School Elections
Challenges to voters, procedure provided
School Enrollment
Open enrollment provisions simplified
School for the Deaf
Money transferred to school fund for maintenance and repair
School for the Visually Handicapped
Name changed
School for the Visually Handicapped, money transferred for maintenance and
repair
School Funds
Duties of Investment Council to provide services for school funds specified
Investment in stocks, proposal would allow
Maintenance and repair at school for the deaf, money transferred for
Payment for Investment Council's services, procedure provided
Sale of lake sediment exempted from auction sales
Schools may lend and borrow between funds
School Property
Consumable school supplies may be disposed without official action
Drug free zones around schools increased
Weeds and pests must be kept off governmental property
School Recreational Facilities
Nonprofit organizations may construct and operate public facilities
School Reorganizations
Schools must operate elementary and secondary programs or reorganize
School Transportation
Free services limited
Open enrollment students may be charged for transportation
Seat Belts
Additional children required to be restrained
Secretary of State
Candidates' support for term limitations, duty to determine amended
Secured Transactions
Uniform Commercial Code revised
Self-Insurance
Stop loss or excessive insurance provisions regulated
Sell-it-Yourself Lots
Sales of motor vehicles regulated
Separate Maintenance Actions
Venue may be changed in postjudgment cases
Service Contracts
Exempted from insurance regulations
Service of Process
Tax deeds, service procedure amended
Settlement Conferences
Supreme Court settlement conferences repealed
Sewers
Creation of sanitary districts simplified
Sex Crimes
Convicted sex offenders, penalty provided for failure to annually register
Indecent exposure, grounds amended
Pornography, additional prosecutions authorized
Sex offender registration, additional information required
Sexual and Domestic Abuse Shelters
Funded by special racing fund
Sheriffs' Fees
Execution of court orders, fees authorized
Tax collections, fees increased
Sioux Falls Flood Control Project
Grant authorized
Small Business Group Health Insurance
Small employers exempted from certain requirements
Soil and Water Conservation Fund
Money appropriated to State Conservation Commission
Solid Waste
Grant authorized for management program
Waste reduction goals postponed
Waste tires, proper disposal required
South Dakota Building Authority
Engineering and technology facilities at SM&T, renovation authorized
Postsecondary technical institutes, bonding authority increased
Recreational center at Dakota State University authorized
South Dakota Retirement System
Benefits improved for retirees
Eligibility period for vesting reduced
First improvement factor to be prorated
Huron firefighters enrolled in system
Interest on refund of contributions to be prorated
Older workers given additional credit when determining retirement age
Retirees given additional time to choose additional survivor protection coverage
System established to set system administrator's wages
South Dakota School of Mines and Technology
Renovation of engineering and technology facilities at SM&T authorized
South Dakota State University
Performing arts center and wellness center, appropriation made for
Special Death Investigators
Allowed to issue subpoenas
Special Education
Academic achievement tests reinstated
Assistance formula amended
Assistive technology, special education funds may be used for purchases
Local levy requirements amended
Special Racing Revolving Fund
Used to fund domestic and sexual abuse shelters
State Aid to Education
Consolidated school districts, allows longer period to compute daily
membership
Special education assistance formula amended
State Auditor
Restoration of loans between funds, duty amended
State Board of Elections
Rule-making authority amended
State Conservation District
Appropriation for grants
State Constitution
Assessment of property, proposal would allow several agricultural
classifications
Governor's qualifications, proposal to set minimum age
Investment in permanent school funds in stocks, proposal would allow
State Employees
Donation of sick leave, restriction eased
Employees needed during disasters may not take voluntary disaster leave
State Fees and Charges
Pesticide registration fee amended
State Fiscal Administration
Domestic and sexual abuse shelters funded by special racing fund
Educational facilities fund may be used for lease payments
Restoration of loans between funds, State Auditor's duty amended
State Veterans' Home, overtime restraints removed
Unobligated cash to be transferred to property tax reduction fund
State Property
See also School and Public Lands
Weeds and pests must be kept off governmental property
State Trunk Highway System
Segments removed
State University
Performing arts center and wellness center, appropriation made for
State Veterans' Home
Overtime restraints removed from General Appropriations Act
Statutes of Limitations
Negligence suits against regional airports, statute of limitations enacted
Student Tuition (K - 12)
School boards to continue payment of tuition of assigned students
Students
Communications with school psychologists made privileged
Subpoenas
Coroners may issue outside their own counties
Sunflowers
Checkoff fees increased
Surplus Property
Consumable school supplies may summarily be disposed
Supreme Court Administrator
Admission to bar, procedure amended
Residence is presumed to be Hughes County for disciplinary actions
Termination of employment terminates temporary admission to bar
Supreme Court Docketing Statement
Form 5 amended
Swimmers and Swimming
Diver-down flags, requirements amended
Tax Collections
Sheriffs' fee increased
Tax Deeds
Service procedure amended
Tax Refunds for Elderly and Disabled Persons
Appropriation
Taxation
See Contractor's Excise Tax; Equalization of Property Taxes; Sales Taxes
Teachers
Failure to accept new contract will terminate the existing contract
Technical Education
Bonding authority increased
Transfer of certain credits mandated
Telecommunications Companies
Change of long distance company, third-party verification authorized
Regulation of companies amended
Regulation of companies revised
Valuation of taxable property amended
Telecommunicators
911 emergency operators must be certified
Term Limits
Candidates' support for term limitations, duty to determine amended
Termination of Parental Rights
Additional grounds enumerated
Therapists
Marriage and family therapists re-regulated
Third Party Trusts
Trusts of benefit of third parties, provisions amended
Tires
Waste tires, proper disposal required
Tobacco
Minors prohibited from using
Torts
Criminals may not sue victims for damages
Discharges from feedlots prohibited
Environmental damages at feedlots, makes livestock owners liable
Judicial Qualifications Commission, immunity provided
Negligence suits against regional airports, statute of limitations enacted
Physicians' review committees, civil immunity specified
Supreme Court ruling on comparative negligence abrogated
Townships
Candidates for office, townships may require petitions
Guardrails not required on bridges
Township elections, absentee voting allowed
Trade Shows
Any person may sell a trailer at special events
Truck tractor sales at temporary special events authorized
Vehicle trailers, all may be displayed
Traffic Accidents
Investigators authorized
Trailers
Anhydrous ammonia tank trailers, weight restriction amended
Vehicle trailers, all may be displayed at trade shows
Trainers
Athletic trainers, temporary permits authorized
Tribal Governments
Criminal history checks authorized for employees of the Sisseton-Wahpeton
Tribe
Truck Tractors
Sales at temporary special events authorized
Trusts
Attorneys' trust accounting procedures amended
Clerks' of courts funds to be supervised by the Supreme Court
Trusts of benefit of third parties, provisions amended
Tuition (K - 12)
School boards to continue to pay tuition for assigned students
Turkey
Elk and turkey causing damage, landowners may take
Unemployment Compensation
Election workers exempted
Uniform Building Code
Provisions updated
Uniform Commercial Code
Additional filing time allowed for financing and continuation statements
Article on investment securities revised
Article on letters of credit revised
Article on secured transactions revised
Uniform Probate Code
Annual accounting of conservators, additional items to be included
University of South Dakota
Appropriation made to build softball complex
Appropriation made to purchase old Vermillion golf course
Softball complex authorized
U.S. Postal Service
School land leases may be renewed by ordinary postal service
U.S. postage exempted from sales and use taxes
US West
Regulation of telecommunications companies revised
Use Tax
U.S. postage exempted from tax
Varmints
Resident predator/varmint hunting license established
Vermillion
Appropriation made to purchase old Vermillion golf course
Veterans' Home
Patient employees excluded from definition of full-time equivalent
Veterinary Technicians
Continuing education requirements established
Victims of Crime
Courts given discretion when granting compensation
Procedure for granting victims' compensation amended
Vocational Education
Transfer of certain credits mandated
Vocational Rehabilitation
Certain persons receiving human services benefits classified as residents
Workers' compensation rehabilitation depends on evidence of employability
Voter Registration Lists
Purges, additional notification required
Warrantless Arrests
Persons correcting children not subject to warrantless arrest for assault
Water Development Districts
Miscellaneous items amended
Water Projects
Creation of districts simplified
Water project expenditures authorized
Water Quality
Federal Safe Drinking Water Act complied with
Water Sports
Diver-down flags, requirements amended
Watershed Districts
Creation of districts simplified
Weapons
See Firearms
Weather-related Legislation
State employees needed during disasters may not take voluntary disaster leave
Flooded lands, special assessments authorized
Weeds
Weeds and pests must be kept off government lands
Welfare
Additional people eligible for real property tax assessment freeze
Federal guidelines may be adopted by administrative rule
Indigent defense may be contracted for
Woods vs. City of Crooks
Supreme Court ruling on comparative negligence abrogated
Workers' Compensation
Rehabilitation compensation depends on evidence of employability
Certain scholarships included in benefits
Zoning
All municipalities may contract for services
Certain municipal zoning decisions may not be protested