2003 Session Laws Table of Contents

The effective date of most of the legislation in this volume is July 1, 2003. See SDCL 2-14-16. Legislation with other effective dates will contain the effective date as one of its provisions.

SOUTH DAKOTA CONSTITUTION

1. HJR 1003 Merit selection of circuit court judges.

STATE AFFAIRS AND GOVERNMENT

2.    HB 1283    General Appropriations Act for the support of state government.

3.    HB 1069    Petroleum release compensation fund, appropriation revised.

4.    HB 1094    Elderly and disabled person tax refund appropriation.

5.    SB 181    Certain time references in statute repealed.

6.    HB 1075    Rodeo established as the official sport of South Dakota.

7.    HB 1234    Commission on Health Care created.

8.    SB 129    Secretary of State, fees charged by the office for various services increased.

9.    SB 8        Juvenile Justice and Delinquency Act Advisory Group revised.

10.    SB 87        Contracts to manage payments or interest rate risk authorized.

11.    SB 185    Health and Education Facilities Authority permissible investments revised.

12. SB 137 Tuition reimbursement program for physicians revised and created for dentists.

13.    HB 1016    Physician tuition reimbursement, appropriation for the program.

14.    SB 138    Tuition reimbursement program expanded to include other health care professionals.

15.    SB 58        Value added tourism subfund established.

16.    SB 199    State Fair made part of Department of Agriculture.

17.    SB 144    Administrative rules promulgation process revised.

18.    SB 177    Contested case hearing procedure revised.

19.    HB 1196    Executive branch agencies to be reviewed annually.

20.    SB 18        Public Utilities Commission included in definition of state agency.

21.    HB 1076    Certain energy savings contract provisions revised.

LEGISLATURE AND STATUTES

22. SB 70 Codify Legislation enacted in 2002.

PUBLIC OFFICERS AND EMPLOYEES

23.    SB 57        Elected officials, temporary replacement if official called to active duty.

24.    SB 14        Law enforcement officers, credited service allowed for certain service.

25.    HB 1098    State employees, accrual of annual and sick leave on semimonthly basis.

26.    SB 216    Senior citizen prescription drug benefit program created.

27.    SB 86        State employees, eligibility for reduced tuition.

PUBLIC FISCAL ADMINISTRATION

28.    SB 30        State Investment Council members may not benefit from certain transactions.

29.    HB 1099    Investment income transferred to the general fund, time and process revised.

30.    SB 2        Audit requirements for state agencies revised.

31.    SB 1        Audit requirements for certain nonprofit corporations revised.

PUBLIC PROPERTY, PURCHASES AND CONTRACTS

32.    SB 213    Hunting prohibited on certain public lands with unharvested crops.

33.    SB 159    Contractor must have contractor's excise tax license before bid may be awarded.

34.    HB 1261    Public corporations may not do business with any retailer who fails to collect sales and use taxes.

35.    HB 1080    Advertisement for bids to appear in legal notices section of newspaper.

36.    SB 68        Certain utility trunkline contracts exempt from competitive bid requirements.

37.    HB 1118    Design-build contractors bidding requirements revised.

38.    HB 1111    Construction management services may be used on public improvement projects.

LOCAL GOVERNMENT GENERALLY

39. SB 67 Revise certain provisions related to contracts with local officers.

COUNTIES

40. HB 1082 Procedures for changing the number of county commissioners revised.

MUNICIPAL GOVERNMENT

41. HB 1007 Municipal initiative and referendum, provisions revised.

42.    HB 1190    Municipal governments ability to annex property next to airport restricted.

43.    SB 10        Facsimile ballot, time to publish before election revised.

44.    SB 96        Certain conflicting municipal statutes regarding municipal officials repealed.

45.    HB 1133    Municipal ordinance adoption procedures made consistent.

46.    SB 124    Municipal publication requirements clarified.

47.    HB 1208    General occupancy tax revised.

TAXATION

48.    HB 1035    Tax agreements, accessibility revised.

49.    HB 1235    Wind energy property tax.

50.    HB 1192    Agricultural property assessed based on its agricultural income value.

51.    HB 1221    Revise the tax valuation of certain structures.

52.    HB 1064    Tax levy for a school district general fund, revised.

53.    HB 1237    Political subdivision taxation errors, correction provided.

54.    SB 226    Tax collection agreements with Indian tribes, provisions revised.

55.    SB 150    Counties may increase property tax levy.

56.    HB 1242    Property tax levies may be revised.

57.    SB 188    Railroads credit against tax for replacement and repair of rail lines.

58.    HB 1104    Gross receipts tax imposed on cellular communications.

59.    SB 140    Limited liability company included in definitions for bank franchise tax.

60.    HB 1036    Internal Revenue Code references updated.

61.    SB 76        Streamline Sales Tax Agreement, sales taxes modified to comply with agreement.

62.    SB 35        Certain gross receipts exempt from sales and use taxes.

63.    SB 63        Interstate telecommunication services sales tax exemption repealed.

64.    SB 116    Telecommunication services tax imposed.

65.    SB 83        Bad debts definition revised.

66.    SB 34        Temporary vendors required to maintain records for certain time period.

67.    SB 217    Contractors use of certain material exempt from tax.

68.    HB 1279    Biodiesel fuels defined.

69.    SB 162    Revise certain provisions related to the fuel tax on ethanol blend fuels.

70.    HB 1214    Distribution of ethanol production incentive payments revised.

71.    HB 1182    Shooting ranges exempt from gross receipts tax.

72.    HB 1147    Tax on cigarettes increased.

73.    SB 149    Sale and marketing of unstamped cigarettes regulated.

74.    HB 1034    Tobacco Master Settlement Agreement, provisions revised.

75.    HB 1189    Sales and use tax to be collected at municipal airports.

76.    SB 225    Limitation placed on time allowed to recover certain taxes.

PLANNING, ZONING AND HOUSING PROGRAMS

77.    SB 125    County and municipal planning and zoning, joint action revised.

78.    HB 1281    County zoning laws revised.

79.    SB 79        Housing Development Authority, time frame to submit report changed.

ELECTIONS

80.    SB 123    The definition of residency for election purposes, revised.

81.    SB 73        Constitutional amendments, initiated measures, and referred laws to be designated in a certain manner.

82.    HB 1176    Voter identification required.

83.    SB 13        Elections, implementation of "Help America Vote Act."

84.    SB 11        Return and canvass of votes, methods revised.

85.    SB 12        Recounts, more than one recount board may be appointed.

86.    HB 1008    Campaign contributions and reports, limits and requirements revised.

EDUCATION

87.    HB 1191    State aid to education, special appropriation.

88.    SB 5        Office of Medical Education, special appropriation.

89.    SB 38        National Assessment of Educational Progress, schools to meet certain federal requirements.

90.    SB 40        Public schools, statewide accountability system established.

91.    SB 39        Public school districts must administer the same test to measure academic progress.

92.    HB 1040    School district consolidation defined.

93.    HB 1039    Consolidation incentive payments.

94.    HB 1188    School administrator association to join the South Dakota Retirement System.

95.    SB 157    Criminal background checks for student teachers.

96.    HB 1065    Weighted average tax levy, formula revised.

97.    SB 170    State aid to education, per student allocation increased.

98.    HB 1078    Petty cash accounts, the amount of money that school boards can keep in these accounts increased.

99.    HB 1041    Teacher-parent conferences and teacher in-service training, number of hours credited as a day in session for these activities limited.

100.    HB 1077    Junior and senior high school students may enroll in postsecondary courses.

101.    HB 1042    Open enrollment revised.

102.    SB 224    School districts allowed to provide transportation to nonpublic school students.

103.    HB 1068    Home school students may participate in school activities.

104.    SB 71        School administrators alternative certification.

105.    HB 1030    Board of Regents may purchase real property adjacent to the campus of South Dakota State University.

106.    SB 29        Darold "Dud" King Physical Education Center construction appropriation.

107.    HB 1028    Swine nursery building, Board of Regents may construct.

108.    HB 1029    Multi-use storage facility, Board of Regents may construct.

109.    SB 80        The Richard Hagen-Minerva Harvey Scholarship established.

110.    HB 1026    Regents Scholarship Program established.

111.    SB 32        Higher Education Savings Plan, accounts exempt from claims by creditors.

112.    SB 31        Higher Education Savings Plan, immunity from personal liability clarified.

113.    HB 1265    School social workers, administrative rules revised.

CIVIL PROCEDURE

114.    SB 98        Consumer power district organizational and administrative provisions revised.

115.    HB 1052    Juror selection by electronic or manual process.

116.    SB 74        Transcript fees revised.

COURTS AND JUDICIARY

117. HB 1055 Magistrate courts, authority revised.

118.    HB 1053    Juror selection centralized and computerized.

119.    HB 1054    State Bar of South Dakota, background checks for applicants.

120.    HB 1247    Court Appointed Special Advocate Commission created and programs funded.

EVIDENCE

121. HB 1086 Physician patient privilege exception revised.

PERSONAL RIGHTS AND OBLIGATIONS

122. HB 1121 Sex discrimination in employment, an exception clarified.

CRIMES

123.    HB 1048    Court service officers, crime to threaten.

124.    HB 1051    Sliming court services officers made a crime.

125.    HB 1033    Convicted sex offenders, registration information revised.

126.    HB 1060    Sex offenders must register annually.

127.    HB 1061    Sex with an animal made a felony.

128.    SB 72        Insufficient funds check, notice revised.

129.    HB 1153    Intent to distribute marijuana made a crime.

130.    HB 1146    Crime victim immunity for injuries to the perpetrator of a crime, right to recover limited.

131.    HB 1187    Credit card, debit card, or charge card scanning device fraud.

LAW ENFORCEMENT

132.    HB 1141    Voice stress analyzer examiners to be licensed.

133.    SB 184    DNA database to be established.

134.    HB 1050    Magistrates, coroner duties repealed.

CRIMINAL PROCEDURE

135. HB 1049 Overnight supervision of jurors authorized.

136. HB 1057 Crime victims may obtain copies of certain law enforcement reports.

PENAL INSTITUTIONS, PROBATION AND PAROLE

137. HB 1280 Corrections facilities appropriation for planning, construction, renovation, and improvements.

138. HB 1015 Inmate medical expense, appropriation to cover costs.

139. HB 1211 Prisoners from other jurisdictions may be housed in a detention facility on an Indian reservation.

140. HB 1282 Official records relating to pardons not sealed.

DOMESTIC RELATIONS

141.    HB 1011    South Dakota-bred racing fund, funds transferred to the Department of Social Services for domestic abuse shelters.

142.    HB 1156    Certified copies of marriage records, fee for copy revised.

143.    SB 97        Mayor's ability to solemnize marriages clarified.

144.    SB 146    Grandparent visitation revised.

145.    HB 1226    Adoptions, who may complete home studies revised.

146.    SB 20        Child support, alternative payment arrangement allowed.

147.    HB 1119    Spouse abuse, the predominant aggressor to be arrested.

148.    HB 1117    Domestic violence protection orders from other jurisdictions recognized.

MINORS

149. SB 202 Juvenile detention requirements revised.

150. SB 21 Child abuse or neglect, notice of entry of a decree.

MENTALLY ILL PERSONS

151. HB 1106 Qualified mental health professional, definition revised.

152. HB 1087 Marriage and family therapist to be included in the term qualified mental health professional.

PUBLIC WELFARE AND ASSISTANCE

153.    HB 1095    Appropriation for medicaid program costs.

154.    HB 1012    Medicaid program, funds appropriated.

155.    SB 19        Funding pool for medical services, nursing facilities modified.

156.    HB 1006    Medical assistance programs, certain fee schedules published electronically.

UNIFORM PROBATE CODE

157. HB 1102 Personal property, collection by affidavit.

HIGHWAYS AND BRIDGES

158. HB 1081 County road districts, election and dissolution procedures revised.

159. SB 187 Utility easements for underground cable revised.

MOTOR VEHICLES

160.    SB 59        Titles for vehicles and boats, duties of certain county officials transferred.

161.    HB 1090    Motor vehicle leasing transactions, certain provisions regulated.

162.    HB 1136    Motor vehicle damage disclosure requirement increased.

163.    SB 115    Truck tractor modified to become a recreational vehicle.

164.    HB 1022    Boat numbering and decal requirements revised.

165.    HB 1037    Motorbus vehicle registration, seating capacity increased.

166.    HB 1038    Vans owned by certain entities exempt from vehicle license fees.

167.    SB 94        Auto auction dealer license fee decreased.

168.    HB 1023    Snowmobile and boat accidents, damage limits revised.

169.    HB 1172    County overweight vehicle enforcement program review by Department of Transportation.

170.    HB 1217    Baled garbage haulers may receive oversize vehicle permit.

171.    HB 1101    Oversized motor vehicles, time period for operation and permit fee revised.

172.    SB 142    Former convictions for driving under the influence of alcoholic beverage, manner in which the allegations are brought is clarified.

173.    HB 1072    Emergency vehicle, caution required when approaching.

174.    SB 119    Abandoned vehicle owners responsible for towing and storage costs.

MILITARY AFFAIRS

175.    HB 1024    Veterans benefits, periods of service to qualify for benefits revised.

176.    HB 1025    Military discharge records, the availability of records revised.

177.    SB 66        Homeless veterans initiative program established.

PUBLIC HEALTH AND SAFETY

178.    HB 1017    Ambulance service personnel, certification requirements revised.

179.    HB 1149    Ambulance service, quality assurance program required.

180.    HB 1210    Nursing home facilities may be constructed on Indian reservations.

181.    SB 221    Formation of ambulance districts revised.

182.    SB 206    Commitment documentation use for certain drug offenses limited.

183.    SB 25        Controlled substances schedule revised.

184.    HB 1019    Exposure to human immunodeficiency virus, information may be disclosed.

185.    SB 172    Abortion information available on the web.

186.    SB 26        Vital records, certain requirements revised.

187.    SB 23        Fireworks, counties may prohibit use during periods of extreme fire danger.

ALCOHOLIC BEVERAGES

188.    SB 4        Alcoholic beverage licensing, use of operating agreements with municipalities regulated.

189.    SB 121    Alcoholic beverage licensees, penalties for violations revised.

190.    SB 102    Alcoholic beverage license renewal fees limited.

191.    HB 1100    Alcohol license fee provisions made consistent.

192.    HB 1105    Certain provisions related to facilities providing alcoholic beverages on Sundays revised.

193.    SB 165    Census estimates used for the issuance of liquor licenses.

194.    SB 3        Alcoholic beverage, convention facility license requirements revised.

195.    HB 1097    Temporary malt beverage licenses, local determination of fees.

196.    SB 134    Alcoholic beverage license fee, county commission to determine renewal fee.

197.    SB 154    Certain interstate wine shipments authorized.

PROFESSION AND OCCUPATIONS

198.    HB 1018    Advanced life support personnel, definitions and requirements revised.

199.    HB 1044    Dental radiographers annual registration required.

200.    SB 47        Board of Nursing fees increased.

201.    SB 135    Optometry prescription, authority revised.

202.    HB 1046    Cosmetologists and beauty shops regulation.

203.    SB 48        Wholesale drug distributors, definition modified.

204.    SB 49        Board of Pharmacy, reference publications promulgated in rules.

205.    SB 46        Audiology aides, registration requirement repealed.

206.    HB 1161    Plumbing, permit required.

207.    HB 1175    Plumbing, permit system created.

208.    SB 52        Plumbing Commission to update references to plumbing standards.

209. SB 51 Board of Counselor Examiners may limit number of exams per application.

210. SB 53 Counselors, license renewal procedure clarified.

TRADE REGULATION

211.    HB 1224    Regulation of business opportunities, exemption revised.

212.    SB 33        Telemarketing exemptions revised.

213.    HB 1183    Pyramid promotional schemes prohibited.

AGRICULTURE AND HORTICULTURE

214. HB 1170 An administrative rule amended relating to reports required of certain pesticide applicators.

215. SB 85 Northern Crop Institute, appropriation.

FOOD AND DRUGS

216. SB 24 Egg dealer or processor, license may be suspended or revoked.

ANIMALS AND LIVESTOCK

217. HB 1142 Livestock dealer, packer, or buyer, penalty increased for doing business without a license.

GAME, FISH, PARKS, AND FORESTRY

218. HB1014 Wildfire suppression, appropriation for costs.

219.    SB 28        Goose hunting licenses, certain sunset provisions repealed.

220.    SB 27        Mountain lions classified as big game.

221.    HB 1122    Free hunting or fishing license to persons on active duty.

222.    HB 1215    Taxidermist record keeping revised.

223.    HB 1209    Hunting by using artificial lights restricted.

224. HB 1020    Hunters with a disability may hunt from stationary motor vehicle.

225. HB 1163 Hunting in rights-of-way revised.

226. HB 1013 Mutual aid agreements for fire suppression.

PROPERTY

227. HB 1232 Wind easement payments to be made to the landowner.

228. SB 136 Real estate document standards revised.

LIENS

229. HB 1260 Lien satisfaction acknowledgment required.

WATER MANAGEMENT

230.    SB 81        Water management, various funds appropriated.

231.    SB 99        Water development district project sponsorship provisions revised.

232.    SB 75        Irrigation district directors, who may serve revised.

233.    SB 145    Central Plains Water Development District boundary revised and Lewis and Clark Water Development District recognized.

PARTNERSHIPS

234. HB 1150 Limited liability partnerships, certain filings revised.

PUBLIC UTILITIES AND CARRIERS

235.    HB 1231    The Public Utilities Commission gross receipts tax revised.

236.    HB 1258    Public Utilities Commission complaint proceedings revised.

237.    SB 42        Motor carrier safety and transportation of hazardous materials, federal references updated.

238.    SB 41        Unsolicited telephone call list established.

239.    SB 166    Wind collector system to notify certain telecommunications companies.

240.    SB 17        Pipeline safety inspection, certain federal references updated.

DEBTOR AND CREDITOR

241.    SB 171    Asset-backed securitizations recognized.

242.    HB 1284    Prejudgment and postjudgment interest rates reduced.

243.    SB 88        Agricultural equipment credit transactions separate from consumer installment sales contracts.

INSURANCE

244.    HB 1128    Notice of nonrenewal for surety insurance revised.

245.    HB 1180    Insurance tax sunset provisions repealed and cash surrender value provisions revised.

246.    SB 167    Deferred annuities minimum nonforfeiture amount revised.

247.    HB 1236    Health insurance without a certain mandated coverage.

248.    HB 1043    Health benefit plans, nonrenewal and preexisting condition requirement revised.

249.    SB 43        Delivery receipt for medicare supplement policies, procedure modified.

250.    HB 1047    Utilization review and grievance procedures for health carriers revised.

251.    SB 168    Variable annuity contract regulatory scheme revised.

252.    SB 56        Life and Health Guaranty Association, new requirements enacted.

253.    HB 1045    Resident surplus line brokers to have a bond.

254.    SB 45        Surplus line broker licensing bond requirement repealed.

255.    SB 50        Farm mutual insurers subject to utilization review and independent audits.

256.    SB 44        Fraternal benefit societies subject to certain enforcement and investigative procedures.

257.    SB 54        Insurance company financial reports, audit note requirements revised.

UNEMPLOYMENT COMPENSATION

258. HB 1159 Unemployment benefits, definition of good cause for leaving employment to include domestic abuse.

WORKERS' COMPENSATION

259. SB 156 Workers' compensation benefits to children of deceased employees.

SUPREME COURT RULES AND ORDERS

260.    03-01        In the Matter of the Amendment of SDCL 15-24-8.

261.    03-02        In the Matter of the Amendment of SDCL 15-26A-60.

262.    03-03        In the Matter of the Amendment of SDCL 15-26A-61.

263.    03-04        In the Matter of the Amendment of SDCL 16-3-5.1.

264.    03-05        In the Matter of the Amendment of SDCL 16-16-2.4.

265.    03-06        In the Matter of the Amendment of SDCL 16-16-13.

266.    03-07        In the Matter of the Amendment of SDCL 16-16-15.

267.    03-08        In the Matter of the Amendment of SDCL 16-16-16.

268.    03-09        In the Matter of the Amendment of Appendix SDCL 16-16.

269.    03-11        In the Matter of the Adoption of a New Rule Relating to Expanded Media Coverage.

270.    03-12        In the Matter of the Adoption of a New Rule Relating to Review by Supreme Court of Bar Examiners' Decision on ADA Request.

271.    Order        In the Matter of the Assignment of a Circuit Court Judge to the Seventh Judicial Circuit.

EXECUTIVE ORDERS

272. EO 03-01 Executive branch of state government reorganized.

TOPICAL INDEX

BILL NUMBER TO CHAPTER NUMBER CROSS-REFERENCE TABLE

ENACTED, AMENDED, AND REPEALED SECTIONS TABLE