2007 Session Laws Table of Contents

The effective date of most of the legislation in this volume is July 1, 2007. See SDCL 2-14-16. Legislation with other effective dates will contain the effective date as one of its provisions.

STATE AFFAIRS AND GOVERNMENT

1.    SB 58        South Dakota Energy Infrastructure Authority updated.

2.    HB 1067    Reversion regarding an appropriation to the South Dakota Energy Infrastructure, amended.

3.    HB 1249    Teen court program established and funded.

4.    HB 1072    Driving under the influence and other offenses, sobriety program established.

5.    HB 1176    Revolving economic development loan fund and other provisions revised.

6.    HB 1286    Archaeological site records regulated.

7.    HB 1144    Public Utilities Commission contested case hearing procedure revised.

8.    HB 1076    Disaster related costs appropriation.

9.    SB 60        Bureau of Administration may purchase certain property in Pierre.

10.    HB 1251    Federal funds to the Commissioner of School and Public Lands for Oahe project.

11.    HB 1256    General Appropriations Act for fiscal year 2007 amended for School and Public Lands Office.

12.    SB 184    Certain medical professions tuition reimbursement appropriation.

13.    SB 219    Drought tolerance biotechnology research center appropriation.

LEGISLATURE AND STATUTES

14.    HB 1071    Initiated measure review, explanation and comment provisions revised.

15.    SB 3        Initiative and referendum, penalty increased for fraudulent filing of a petition.

16.    SB 2        Initiative and referendum petition signature verification process.

17.    SB 90        Commission on Uniform Legislation membership revised.

18.    SB 111    Legislation enacted in 2006 codified.

19.    HB 1100    Renovate the fourth floor of the State Capitol Building, appropriation.

20.    HB 1279    Establish committee to study permanent funding for the state technical institutes.

PUBLIC OFFICERS AND EMPLOYEES

21.    SB 86        Bureau of Finance and Management to set pay periods.

22.    SB 153    County officials suspended when charged with a crime.

23.    HB 1147    Claims against governmental entities notice requirement clarified.

24.    HB 1143    Year 2000 limitation on liability repealed.

PUBLIC FISCAL ADMINISTRATION

25.    HB 1281    Fiscal Year 2008 General Appropriations Act.

26.    HB 1111    Electronic payments may be used by the state and local governments.

27.    HB 1139    Education enhancement tobacco tax and health care tobacco tax trust funds created.

28.    SB 71        References to obsolete accounting funds repealed.

29.    SB 59        General Appropriation Act for fiscal year 2007, revised.

30.    HB 1258    Appropriate money for the methamphetamine treatment program.

PUBLIC PROPERTY, PURCHASES AND CONTRACTS

31.    HB 1013    State buildings, revised standards for fire resistant construction.

32.    HB 1014    Bureau of Administration, certain facility construction requirements repealed.

33.    HB 1130    The minimum bid requirement increased.

34.    HB 1004    Misuse of state vehicle penalty revised.

35.    SB 218    South Dakota Building Authority to provide for improvements to Custer State Park.

COUNTIES

36.    HB 1127    County commissioner salaries regulated.

37.    SB 135    Sheriff salary increased.

38.    SB 82        Sheriff fees changed.

39.    HB 1132    Counties may increase certain penalties for county ordinance violations.

TOWNSHIPS

40. HB 1097 Township appeal filing fee increased.

MUNICIPAL GOVERNMENT

41. HB 1154 Business improvement district and noncontiguous property.

42.    HB 1165    Hearing and notice provisions to vacate a municipal street or alley.

43.    HB 1126    Municipal sewer services authority revised.

44.    HB 1125    Municipal sewer utility charges, resolutions may be used to set rates.

TAXATION

45.    SB 96        Property tax benefit for disabled veterans.

46.    HB 1248    Property owners to receive notice of a significant increase in assessed valuation.

47.    SB 83        Eligibility qualifications for an assessment freeze for single-family dwelling revised.

48.    HB 1084    School district general fund tax levies adjusted.

49.    SB 164    Real property taxing districts revised.

50.    HB 1187    Owner-occupied property tax abatement for person in the military.

51.    HB 1118    County sale of tax certificates after July 1.

52.    HB 1184    Gross receipts tax to be distributed to schools.

53.    HB 1262    Property tax exemption for power generating facilities.

54.    HB 1043    References to the Internal Revenue Code updated.

55.    SB 46        Fraternal benefit societies tax exempt and licensure status revised.

56.    HB 1080    Gross receipts defined for sales tax.

57.    HB 1047    Taxation on bundled telecommunications services revised.

58.    HB 1042    Bundling defined for sales and use tax.

59.    HB 1055    Exemption certificate for taxes, time period to obtain a certificate revised.

60.    HB 1151    Sale of coins exempt from tax.

61.    SB 38        Tax refund program definition for expansion of an existing building revised.

62.    HB 1049    Purchase price defined.

63.    HB 1044    Sales and use tax reciprocity on farm equipment.

64.    SB 43        Tobacco retailers registered.

65.    HB 1045    The time for reporting and remitting taxes revised.

66.    SB 42        Tobacco distributor discount and tobacco stamp procedure revised.

67.    SB 159    Taxpayer subject to audit may present additional evidence.

68.    HB 1046    Time limit to claim tax refund repealed.

69.    HB 1077    Tax imposed on net revenues of intermediate care facilities.

70.    HB 1017    Coordinated soil and water conservation fund appropriation.

71.    SB 185    Tax refund appropriation for elderly and disabled persons.

PLANNING, ZONING AND HOUSING PROGRAMS

72. HB 1122 Building codes updated.

ELECTIONS

73.    SB 73        Precinct boundaries and polling places may not be changed.

74.    SB 6        Political party participation in elections procedures revised.

75.    HB 1006    Election procedures revised.

76.    SB 81        Independent candidates, references to party affiliation removed from ballot.

77.    HB 1090    Ballot measure explanations.

78.    HB 1156    Petition circulators pay and qualifications regulated.

79.    HB 1217    Polling place to be identified by a conspicuous sign.

80.    HB 1048    Campaign finance reform.

81.    HB 1007    Election deadlines and time frames revised.

EDUCATION

82.    HB 1290    Indian education in South Dakota.

83.    HB 1034    State accreditation of schools data to be submitted.

84.    HB 1035    Writing skills assessment requirement revised.

85.    HB 1033    Sanctions imposed for cheating on state achievement test.

86.    SB 26        Advanced Reading Enhancement Program repealed.

87.    SB 27        Office of Educational Technology repealed.

88.    SB 67        Appropriation repealed regarding distribution of funds.

89.    HB 1233    School board vacancies, procedure to fill modified.

90.    HB 1171    Teacher compensation assistance program and education service agencies created and an appropriation.

91.    SB 87        School board elections, combination of at-large and representative districts permitted.

92.    SB 101    School board governance policy.

93.    SB 157    Education funding revised.

94.    HB 1140    School district general fund levies adjusted due to funds in the property tax reduction fund.

95.    SB 32        State aid formula adjusted for sparse school districts.

96.    HB 1158    Computer use immunity for school districts.

97.    SB 195    High school interscholastic activities endowment.

98.    SB 199    Compulsory attendance age increased.

99.    SB 29        Students with hearing or vision impairments, certain reporting requirements repealed.

100.    SB 33        Kindergarten enrollment requirements modified.

101.    HB 1266    Home schooled students may open enroll.

102.    HB 1038    Interstate school enrollment options program modified.

103.    HB 1236    Interstate enrollment options program with Iowa.

104.    HB 1113    Distance learning credit limited.

105.    SB 28        Children in need of special services mileage allowance revised.

106.    HB 1114    Postsecondary technical institutes may engage in certain business activities.

107.    SB 68        State institute fund purpose revised.

108.    HB 1037    Health certification requirement for school personnel repealed.

109.    HB 1002    Board of Regents statutes revised.

110.    HB 1001    Board of Regents references to defunct programs repealed.

111.    HB 1241    Board of Regents may sell leased computers at the end of the lease.

112.    HB 1065    Multi-use storage facility at South Dakota State University appropriation.

113.    SB 52        Board of Regents appropriation to purchase property in Brookings County.

114.    SB 53        Engineering building appropriation for South Dakota State University.

115.    SB 55        Board of Regents may purchase real property adjacent to South Dakota State University campus.

116.    SB 56        Seed technology facility appropriation.

117.    SB 57        Straw bale house construction at McCrory Gardens, appropriation.

118.    HB 1064    O'Harra Stadium improvements appropriation.

119.    SB 15        Students attending postsecondary educational institutions must be immunized.

120.    HB 1036    School district consolidation incentive appropriation.

121.    HB 1138    Postsecondary technical institutes maintenance and repair appropriation.

122.    HB 1063    University information technology appropriation.

123.    HB 1101    Board of Regents maintenance and repair appropriation.

124.    HB 1205    South Dakota Technical Institutes appropriation.

125.    HB 1244    South Dakota Opportunity Scholarship fiscal year 2007 appropriation adjusted.

126.    SB 30        Appropriation for costs related to payments to sparse school districts.

127.    SB 31        Appropriation to the Dakota Valley School District.

128.    HB 1277    School district contractual agreements extended another year.

CIVIL PROCEDURE

129. SB 123 Sheriffs to receive payment for marshaling assets.

COURTS AND JUDICIARY

130.    HB 1275    Statute of limitations for real estate appraisers.

131.    HB 1095    Judicial oaths reworded.

132.    HB 1093    Declaration and administration of judicial emergencies.

133.    HB 1096    Civil or criminal actions to be tried in the county where the action is brought.

134.    HB 1091    Magistrate court may administer adult probation drug programs.

135.    HB 1098    Magistrate court jurisdiction revised.

136.    HB 1271    Appropriate money for drug court program.

PERSONAL RIGHTS AND OBLIGATIONS

137.    HB 1196    Opportunity required to remedy residential construction defects.

138.    HB 1145    Utility right-of-way maintenance, damages for injuries to trees.

139.    HB 1105    Revise certain provisions related to the use of automated external defibrillators.

140.    SB 125    Abandoned mobile home or manufactured home may be sold under certain conditions.

CRIMES

141.    HB 1124    Solicitation to commit a crime added to list of crimes affecting parole eligibility.

142.    HB 1200    Multiple violations for disorderly conduct penalty increased.

143.    HB 1222    Petitions for protection orders procedure clarified.

144.    HB 1005    Reporting requirements for sex offense victims.

145.    HB 1068    Criminal penalty revised for perjury.

146.    HB 1161    First degree robbery, crime elements revised.

147.    SB 193    Elderly person abuse prohibited.

LAW ENFORCEMENT

148. HB 1069 Liquidated court costs increased.

CRIMINAL PROCEDURE

149.    HB 1094    Admonishment of jurors.

150.    HB 1057    Judgment of conviction, certain information required.

151.    HB 1175    Death penalty by lethal injection revised.

152.    HB 1160    Physician involvement in the execution of a sentence of death, repealed.

PENAL INSTITUTIONS, PROBATION AND PAROLE

153.    SB 50        Parole eligibility revised.

154.    HB 1060    Department of Corrections may purchase property in Rapid City.

155.    HB 1246    Methamphetamine treatment program appropriation.

DOMESTIC RELATIONS

156.    SB 215    Certain adoption reports no longer required.

157.    SB 180    Adoption orders from foreign jurisdiction recognized.

158.    SB 61        Adopted children included within child support considerations.

159.    SB 62        Electronic service of orders to withhold child support.

160.    SB 66        License may not be renewed if child support is owed.

161.    HB 1117    Term for a protection order increased.

MINORS

162.    HB 1079    Child abuse and neglect central registry records check.

163.    HB 1058    Juveniles placed with the Department of Corrections, authority revised.

164.    HB 1152    Central registry for abuse and neglect, due process procedure revised.

165.    HB 1078    Certain records relating to abuse and neglect may be released.

166.    HB 1059    Child protection records may be shared with certain agencies.

167.    HB 1153    Child abuse statutory references corrected.

168.    SB 136    Juvenile monitor's report deemed a public record.

169.    SB 88        Uniform Child Abduction Prevention Act adopted.

MENTALLY ILL PERSONS

170. HB 1194 Information regarding a threat may be disclosed to an identifiable victim.

PUBLIC WELFARE AND ASSISTANCE

171. SB 64 Long-term care eligibility consideration of assets.

MOTOR VEHICLES

172.    HB 1103    Damage disclosure statement notices to be posted.

173.    HB 1081    Motor vehicle license plates may be owned.

174.    HB 1204    Special license plates for military veterans, fee payment revised.

175.    HB 1174    Motor vehicle sale exempt from excise tax, value increased.

176.    SB 93        Promotional displays by vehicle dealers allowed.

177.    HB 1163    Repossessed motor vehicles to be sold without title in the name of the financial institution.

178.    SB 94        Motor vehicle manufacturer to reimburse a consumer for excise tax, license and regulation fees if a vehicle is replaced under lemon laws.

179.    HB 1183    Transporter license plate use revised.

180.    SB 12        Instruction permit to drive, time period to apply for next license defined.

181.    HB 1016    Law enforcement and emergency vehicle accident records regulated.

182.    SB 11        Commercial drivers license requirements updated.

183.    HB 1027    Temporary snowmobile permits may be issued and fees established.

184.    HB 1108    First offense driving under the influence mandatory counseling.

185.    SB 72        Possessory lien on motor vehicles to cover costs of towing and storage limited.

186.    HB 1015    Emergency vehicle identification signals revised.

MILITARY AFFAIRS

187. HB 1003 Clarify and update statutes related to military and veterans affairs for form and style.

188. HB 1012 Veteran's bonus program appropriation revised.

189. HB 1010 South Dakota Veterans Home nursing care building, appropriation for renovation.

190. HB 1011 National Guard Armory in Brookings, appropriation for renovation.

PUBLIC HEALTH AND SAFETY

191.    HB 1182    Petition to form an ambulance district, requirements changed.

192.    SB 74        Who may make a health care decision for a person not able to consent.

193.    SB 75        Living wills modified.

194.    HB 1029    Controlled substances schedule updated.

195.    SB 206    Certificates of birth.

196.    SB 130    Electronic report of marriages.

197.    SB 197    Revised Anatomical Gift Act.

198.    SB 79        Revise boundaries of Black Hills fire protection district.

199.    HB 1162    Sale of tobacco products regulated.

200.    HB 1032    Dental externship program appropriation.

201.    HB 1061    Human Papillomavirus vaccination initiative and appropriation.

ENVIRONMENTAL PROTECTION

202.    SB 7        Ethanol production plant fees for regulatory services.

203.    SB 9        Concentrated animal feeding operations, water pollution control permit required.

204.    HB 1121    Revise certain provisions related to the recycling industry.

ALCOHOLIC BEVERAGES

205. HB 1210 Municipal operation of on-sale or off-sale licenses revised.

206. HB 1302 Alcoholic beverage license use required.

PROFESSIONS AND OCCUPATIONS

207.    HB 1028    Physician assistant practice updated.

208.    HB 1278    Emergency medical technicians trained in the administration of epinephrine.

209.    SB 18        Chiropractic scope of practice revised.

210.    SB 16        Chiropractors must be licensed before they can advertise.

211.    SB 20        Baccalaureate degree required to be licensed as a chiropractor.

212.    SB 17        Chiropractors subject to state and federal criminal background checks.

213.    HB 1030    Membership of the podiatry, pharmacy, and funeral service licensing boards changed.

214.    HB 1031    Telepharmacy regulated.

215.    HB 1155    Wholesale drug distributors regulation revised.

216.    HB 1039    Board of Barber Examiners fees increased.

217.    HB 1040    Cosmetology practice revised.

218.    HB 1041    Cosmetology fees revised.

219.    SB 35        Technical profession regulation and licensing revised.

220.    SB 19        Board of Funeral Service license fee increased.

221.    HB 1056    The practice of counseling revised.

222.    SB 49        Marriage and family therapists regulated.

223.    SB 70        Massage therapists regulation revised.

TRADE REGULATION

224.    SB 84        Fees for weights and measures inspections and testing increased.

225.    HB 1150    Deceptive trade practices revision.

226.    HB 1285    Commercial electronic mail regulated.

AGRICULTURE AND HORTICULTURE

227.    HB 1225    Update references to the South Dakota natural resources conservation fund.

228.    HB 1259    Revise notification procedures related to prairie dogs on private land.

229.    SB 128    Revise provisions related to the Soybean Research and Promotion Council.

230.    HB 1018    Pine Beetle control in Custer State Park, appropriation.

231.    HB 1074    State Fair appropriation.

232.    HB 1075    Wildfire suppression appropriation.

233.    SB 100    Appropriate money to the Northern Crops Institute.

ANIMALS AND LIVESTOCK

234. HB 1009 Cancelled character brands registration revised.

235. HB 1019 South Dakota Rodent Control Fund created and activities authorized.

GAME, FISH, PARKS, AND FORESTRY

236.    HB 1023    Big game possession revised.

237.    HB 1022    Definition of bait changed.

238.    HB 1025    Predator or varmint hunting license requirements revised.

239.    HB 1021    Resident landowner may hunt on own land without a license.

240.    HB 1235    Authorize trapping and hunting of certain furbearers by nonresidents.

241.    HB 1024    Hunting licenses and preference point administrative requirements changed.

242.    HB 1179    Big game hunting violation penalty increased.

243.    HB 1136    Authorize special equipment to enable certain disabled persons to engage in bow hunting.

244.    HB 1026    Unprotected birds defined.

245.    HB 1112    The transportation of fur-bearing animals regulated.

246.    HB 1020    Department of Agriculture may contract with fire fighting personnel.

PROPERTY

247.    SB 97        Trust statutes revised.

248.    HB 1089    Consideration defined as related to real estate transfer fees.

249.    HB 1085    Revise provisions related to recording of real estate transfers.

250.    SB 127    Disclosure of lake contamination.

251.    HB 1231    Wages exempt from claims in bankruptcy.

252.    SB 202    Retirement benefits exempt from process.

LIENS

253. HB 1086 Clarify provisions related to the release of liens by undertaking.

254. HB 1119 Certain lien provisions revised.

MINING, OIL, AND GAS

255. SB 8 Natural gas produced with water, personal use regulated.

WATER MANAGEMENT

256. HB 1245 Water project appropriation.

257. HB 1226 Water project district voter qualifications revised.

CORPORATIONS

258.    HB 1129    Cooperative may convert to a business corporation.

259.    HB 1099    Registered agent of foreign corporation may be domestic limited liability company or partnership.

260.    HB 1252    Rural electric cooperative director indemnification.

261.    HB 1102    Revise certain provisions related to utility negligence claims.

262.    SB 78        Rights of creditors of limited liability companies revised.

PARTNERSHIPS

263. SB 77 Exclusive remedy for judgment creditors of limited liability partnerships.

PUBLIC UTILITIES AND CARRIERS

264.    SB 10        One-Call Notification system modified for limited excavation activities.

265.    SB 13        Motor carrier safety and transportation of hazardous materials references updated.

266.    SB 23        Unsolicited telephone calls regulated.

267.    SB 22        Telecommunication services tariffs and information regulated.

268.    HB 1250    Cochlear implant availability revised.

269.    SB 182    Public utility rate setting revised.

270.    SB 25        Public Utilities commission may regulate the sale of gas or electric public utilities.

271.    HB 1265    Renewable and recycled energy definition revised.

272.    SB 118    Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new environmental measures.

273.    SB 24        Pipeline safety, references to federal regulations updated.

274.    SB 21        Energy facility siting requirements modified.

BANKS AND BANKING

275. SB 44 Criminal background checks for employees of the Division of Banking.

276. HB 1257 Trust company board members, minimum number reduced.

SAVINGS AND LOAN ASSOCIATIONS

277. SB 45 State chartered savings and loan statutes repealed.

DEBTOR AND CREDITOR

278. HB 1172 Payday loan limit imposed.

279. SB 165 Mortgage lenders and brokers regulated.

FIDUCIARIES AND TRUSTS

280.    SB 98        Classification and creation of trusts revised.

281.    HB 1288    Trustee may distribute income or principal of a trust.

282.    SB 99        Uniform Principal and Income Act adopted.

283.    SB 89        Uniform Prudent Management of Institutional Funds, adopted.

UNIFORM COMMERCIAL CODE

284. SB 80 Dishonored checks, the fee increased to cover costs.

INSURANCE

285.    HB 1180    Unconstitutional countersignature requirement repealed.

286.    SB 65        Coordination of benefits for medical assistance between the state and insurers.

287.    SB 39        Claims information to be provided to property and casualty insureds.

288.    SB 108    Continuation of health insurance coverage for dependents.

289.    SB 186    Long-term care insurance definition revised.

290.    HB 1052    Coordination of benefits between health plans.

291.    HB 1051    Insurance producer license requirements modified.

292.    SB 47        Multiple employer welfare arrangements and other health insurance products regulated.

293.    HB 1053    Individual health insurance standards provided for health maintenance organizations.

294.    HB 1054    Independent audit of insurers.

295.    HB 1169    Health insurance Zaniya Project created.

AGENCY

296. SB 76 Health care decision by power of attorney.

LABOR AND EMPLOYMENT

297. SB 207 Minimum wage increased.

UNEMPLOYMENT COMPENSATION

298. SB 147 Definition of wages for unemployment insurance revised.

WORKERS' COMPENSATION

299. SB 142 Workers compensation payment collection procedure.

SUPREME COURT RULES AND ORDERS

300.    06-68        In the Matter of the Amendment of SDCL 16-6-1.

301.    06-69        In the Matter of the Adoption of a New Chapter to be Designated at SDCL 15- 15A.

302.    06-70        In the Matter of the Amendment of SDCL 15-6-56(c).

303.    06-71        In the Matter of the Amendment of chapter 16-16 Appendix.

304.    06-72        In the Matter of the Amendment of SDCL 23A-4-3.

305.    06-73        In the Matter of the Amendment of SDCL 15-26A-4.

306.    06-74        In the Matter of the Repeal of SDCL 15-26A-6.1.

307.    06-75        In the Matter of the Amendment of SDCL 15-26A-75.

308.    06-76        In the Matter of the Amendment of SDCL 15-26A-76.

309.    06-77        In the Matter of the Amendment of SDCL 15-26A-60.

TOPICAL INDEX

BILL NUMBER TO CHAPTER NUMBER CROSS-REFERENCE TABLE

ENACTED, AMENDED, AND REPEALED SECTIONS TABLE