The effective date of most of the legislation in this volume is July 1, 2008. 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 1001 Constitutional amendment to repeal certain provisions of the State Constitution
relating to corporations.
2. HJR 1003 Constitutional amendment to repeal certain reimbursement restrictions for travel
by legislators to and from a legislative session.
3. HJR 1004 Constitutional amendment to provide for a maximum of forty legislative days
each year.
4. SJR 1 Constitutional amendment to eliminate legislative term limits.
STATE AFFAIRS AND GOVERNMENT
5. HB 1065 The 24/7 sobriety program, participation expanded.
6. HB 1201 Placement or return of abused or neglected children.
7. HB 1111 Corrections Commission responsibilities changed.
8. HB 1067 Appropriation to defray operation costs of the 24/7 sobriety program.
9. HB 1068 Appropriation to authorize the Office of the Attorney General to construct a
storage facility in Rapid City.
10. HB 1218 Bond amounts issued by the Health and Educational Facility Authority on behalf
of the four technical institutes, increased.
11. SB 19 Executive director of the science and technology authority duties prescribed.
12. SB 54 The South Dakota Energy Infrastructure Authority responsibilities modified.
13. SB 199 Public meetings criteria revised.
14. SB 186 Public records regulated.
15. SB 80 Release or use of social security numbers by public entities restricted.
16. SB 28 Appropriation for tuition reimbursement to certain health care providers.
17. SB 48 An appropriation for the payment of extraordinary litigation expenses.
LEGISLATURE AND STATUTES
18. HB 1119 Codify legislation from 2007.
19. SB 176 Legislative Research Council to remodel, renovate, and furnish certain facilities
on the fourth floor of the State Capitol Building.
PUBLIC OFFICERS AND EMPLOYEES
20. HB 1023 South Dakota Retirement System, deferred compensation and special pay plans
coordinated.
21. HB 1024 South Dakota Retirement System definition of child or children clarified.
22. HB 1022 South Dakota Retirement System's contested case provisions modified.
23. HB 1019 Benefit formula improvements for the members of the South Dakota Retirement
System.
24. HB 1021 South Dakota Retirement System creates supplemental pension benefit.
25. HB 1020 South Dakota Retirement System to establish an automatic enrollment feature.
26. HB 1025 Annual benefit improvement for certain firefighters in line with the
improvement for other members.
PUBLIC FISCAL ADMINISTRATION
27. SB 203 General Appropriations Act for Fiscal Year 2009.
28. HB 1087 General Appropriations Act for Fiscal Year 2008, revised.
PUBLIC PROPERTY, PURCHASES AND CONTRACTS
29. HB 1085 South Dakota Building Authority to provide financing for science facilities and
laboratories at public universities.
30. SB 188 High performance building design and construction standards for newly
constructed or renovated state-owned buildings.
31. HB 1041 Preference for the procurement of biobased products.
32. SB 9 Disposal of state surplus property.
33. HB 1084 Board of Regents expenditure authority increased for certain approved
construction projects.
LOCAL GOVERNMENT GENERALLY
34. HB 1026 Certain provision concerning elections revised.
35. SB 3 Special district election procedures revised.
COUNTIES
36. SB 82 The accumulation of funds by counties for capital outlay purposes.
TAXATION
37. HB 1007 Department of Revenue form and style revisions to alcoholic beverage statutes.
38.
HB 1181 Information related to the assessment of property that is to be provided by the
director of equalization.
39.
HB 1012 Property tax exemption for veterans with disabilities revised.
40.
SB 140 Application revised for property tax exemptions provided for dwellings owned
and occupied by disabled veterans.
41.
SB 92 The classification and taxation of real property.
42.
SB 116 The assessment of real property, revised.
43.
HB 1079 Tax credit for certain renewable resource energy systems.
44.
HB 1005 Agricultural land assessment practices revised.
45.
HB 1182 Revisions to elderly and disabled person's property tax freeze.
46.
SB 18 Tax code references updated.
47.
HB 1125 Board of equalization may remain in session to consider property assessment
appeals.
48.
HB 1120 Property tax levies for the general fund of a school district, revised.
49.
HB 1320 Tax incentives for certain wind energy facilities and energy transmission
equipment.
50.
HB 1011 Bank franchise tax provisions revised.
51.
HB 1017 Taxation of products transferred electronically, provisions revised.
52.
HB 1010 Telecommunication services definition revised.
53.
SB 64 Recreational park trailers regulated.
54.
SB 148 Tax incentive for fuel blended with biodiesel.
55.
HB 1070 Appropriation from the coordinated natural resources conservation fund to the
State Conservation Commission.
56.
HB 1018 Special fuel taxes refunded under certain circumstances.
57.
SB 95 Fees collected by sheriffs for collecting delinquent property taxes, increased.
58.
SB 14 The time to request a hearing or pay an audit is extended.
59.
HB 1276 Appropriation to fund tax refunds for elderly persons and persons with a
disability.
PLANNING, ZONING AND HOUSING PROGRAMS
60. SB 163 The initiation of changes to a county comprehensive plan, method revised.
61. HB 1151 Location and hours of operation of adult oriented businesses regulated.
ELECTIONS
62. HB 1108 Election equipment replacement fund repealed.
63. SB 131 County auditors to keep voter registration cards on file and open to public
inspection.
64. SB 2 Public access restricted to certain information in the master voter registration
list.
65. SB 1 Nomination and election when a vacancy occurs in the office of representative
in Congress.
66. HB 1134 Recount board compensation increased.
67. SB 4 Campaign finance reporting requirements revised.
68. SB 100 Definition of public entities that are prohibited from making political campaign
contributions, revised.
EDUCATION
69. HB 1050 Teacher education regarding Indian education, revised.
70. SB 10 Revise certain Native American language education requirements to include
Dakota and Nakota.
71. HB 1138 Prohibited use of a false academic degree or a degree that is not completed.
72. HB 1044 Teacher compensation assistance program revised.
73. SB 22 Consolidated school districts payment of additional funds.
74. SB 25 State aid to education, certain calculations repealed.
75. HB 1143 School district employee retirement benefits, repealed.
76. HB 1288 School district may only benefit from the enrollment allowance that provides the
most additional funding to the district.
77. SB 187 State aid formula revised for purposes of increasing teachers' salaries and other
education revisions.
78. HB 1006 Property tax levies for school districts, limitations revised.
79. SB 155 State aid to education to certain school districts for certain students.
80. HB 1164 School district purchase or lease of computer hardware and software through the
general fund.
81. SB 21 Bordering state student enrollment options.
82. HB 1312 South Dakota virtual high school changed to the South Dakota virtual school.
83. SB 27 School food service inspection requirement revised.
84.
HB 1045 The calculation of state aid to special education modified.
85.
SB 192 Board of Regents to lease a site for delivery of public higher education in Pierre.
86.
HB 1224 Veterans education benefits apply to courses offered by public higher education
institutions at off-campus locations.
87.
HB 1186 Eligibility for the opportunity scholarship, changed.
88.
SB 201 South Dakota opportunity scholarship requirements changed.
89.
SB 153 The state to enter into the Midwestern and Western Regional Higher Education
Compacts.
90.
SB 24 Department of Education appropriation to reimburse certain school districts for
consolidation incentives.
91.
SB 58 Board of Regents may demolish Seymour Hall at Northern State University.
92.
HB 1081 Board of Regents may replace storage facilities at the Cottonwood Agricultural
Experiment Station.
93.
HB 1082 Appropriation revised for new dairy manufacturing plant at South Dakota State
University.
94.
HB 1251 Board of Regents to acquire land and to construct a facility for the West River
Higher Education Center.
95.
SB 55 Board of Regents may convey land in Pennington County to the United States
Air Force.
96.
SB 57 Board of Regents may construct a roadway on the campus of the South Dakota
School of Mines and Technology.
97.
HB 1083 Board of Regents to construct a new public restroom facility at McCrory
Gardens.
98.
HB 1047 Appropriation to assist sparse school districts.
99.
HB 1080 Board of Regents may construct a student athlete development center on the
campus of South Dakota State University.
100.
HB 1226 Appropriation for the postsecondary technical institutes.
101.
HB 1227 Appropriation to postsecondary technical institutes for the maintenance and
repair of buildings.
102.
HB 1274 General Appropriations Act revised for Fiscal Year 2008 regarding the South
Dakota opportunity scholarships.
CIVIL PROCEDURE
103. SB 83 Medical malpractice statute of limitation applicable to minors aged six or over,
repealed.
COURTS AND JUDICIARY
104. HB 1129 Commission on Equal Access to Our Courts established.
105. HB 1122 Jurisdictional amount increased in certain civil actions and small claims
proceedings.
106. SB 109 Appropriation for Fourth Circuit drug court program.
OATHS AND ACKNOWLEDGMENTS
107. HB 1030 Notary Public appointment and requirements.
CRIMES
108. HB 1135 Petitions for protection, filing requirements revised.
109. HB 1064 The crime of aggravated incest revised.
110. SB 65 Intentional exposure to HIV infection defined as a sex crime.
111. HB 1260 Sex offender registry revised to include persons without a residence address.
112. HB 1061 Distribution or possession with intent to distribute marijuana to a minor, penalty
increased.
LAW ENFORCEMENT
113. HB 1198 Amount increased for a judgment in a petty offense case.
114. SB 133 Adult arrested for a qualifying offense to provide a DNA sample.
CRIMINAL PROCEDURE
115. HB 1062 National Park Service officers included in the definition of a federal law
enforcement officer.
116. HB 1271 The doctrine of abatement of a criminal proceeding abolished.
117. SB 53 Capital punishment.
118. SB 77 Broadcasting or taking of photographs of judicial proceedings from courtrooms,
permitted.
PENAL INSTITUTIONS, PROBATION AND PAROLE
119. HB 1173 The effect of suspended impositions of sentence on parole eligibility of certain
offenders.
120. HB 1178 Appropriation for the intensive methamphetamine treatment program.
DOMESTIC RELATIONS
121. HB 1157 Residency of parties in divorce or separate maintenance proceedings.
122.
HB 1100 Rebuttable presumption against the award of custody to any person with a
history of domestic abuse.
123.
HB 1099 Custody or visitation dispute mediation.
124.
HB 1096 Parenting coordinators for certain custody and visitation disputes.
125.
HB 1097 Sanctions against parties who willfully do not comply with custody or visitation
decrees.
126.
HB 1092 Terminology revised for standard child visitation guidelines.
127.
HB 1088 Temporary custody before divorce or separate maintenance.
128.
HB 1130 Standard visitation guidelines, implementation revised.
129.
HB 1090 Records and applications regarding a child to reference the names and addresses
of both parents.
130.
HB 1075 Criminal record checks in adoption home studies.
131.
HB 1093 A parent's interest in the custody, service, and earnings of a child.
132.
HB 1149 Protection order term extended.
133.
HB 1168 Penalty applicable to violations of certain no contact orders.
MINORS
134. HB 1163 Duration of juvenile detention programs, increased.
135. HB 1132 Children may be held in temporary custody upon certain conditions.
136. HB 1302 Notification requirements established for relatives of children in the custody of
the Department of Social Services.
137. SB 69 Marijuana added to the list of abusive substances for the purposes of
determining child abuse.
138. HB 1073 Abuse and neglect registry screening required for certain volunteers and
guardians.
139. HB 1131 Court may assess a crime victims' compensation surcharge.
140. HB 1238 Limitation period increased for commencing child abuse prosecutions.
141. HB 1162 Branding a minor prohibited.
PUBLIC WELFARE AND ASSISTANCE
142. SB 38 The consideration of assets for the purpose of long-term care eligibility.
143. SB 180 Appropriation to provide refunds of sales tax on food.
UNIFORM PROBATE CODE
144. HB 1146 The administration of subsequently discovered property of an estate.
HIGHWAYS AND BRIDGES
145. HB 1039 State trunk highway system revised in Hanson County.
146. HB 1040 State Highway 314 in Yankton County removed from the state trunk highway
system.
MOTOR VEHICLES
147. HB 1255 Titling and registration of certain low-speed vehicles.
148. HB 1241 Vehicle dealers allowed additional time to deliver a vehicle title.
149. SB 63 Law enforcement officers may provide certain information to repossession
businesses.
150. HB 1043 Exemption to boat numbering requirement clarified.
151. HB 1014 Snowmobile and boat licensing staggered.
152. SB 15 Electronic motor vehicle titles.
153. SB 156 Special motor vehicle license plates limited.
154. HB 1191 The display of customized motorcycles at certain events, regulated.
155. HB 1240 Vehicle dealer license fees increased.
156. SB 87 Cease and desist orders issued to certain vehicle dealers, time reduced.
157. SB 13 The convictions that may cause the suspension of a minor's driving privilege.
158. SB 139 Definition for authorized emergency vehicles.
159. HB 1170 Pneumatic tires with retractable studs may be used year round.
160. SB 68 Mufflers on motorcycles, requirement repealed.
161. HB 1239 Persons convicted of driving under the influence may drive to sobriety testing.
162. HB 1038 Emergency snow removal equipment operators accident reporting revised.
163. HB 1144 Appropriation for the purchase of motorcycles used in the motorcycle safety
training courses.
MILITARY AFFAIRS
164. SB 47 An appropriation for costs related to disasters in the state.
165. SB 7 Appropriation to provide for the renovation of the National Guard armory in
Yankton.
166.
HB 1015 State's interest in the Mobridge National Guard Armory transferred to city.
PUBLIC HEALTH AND SAFETY
167. HB 1052 Inpatient hospice and residential hospice defined as a health care facility.
168. SB 200 Statewide trauma system established.
169. SB 182 Disclosure requirements expanded for hospital charges.
170. HB 1053 Controlled substances schedule updated.
171. SB 30 Minimum fire safety standards for specialty resorts revised.
172. SB 32 Vacation home rental regulated.
173. HB 1001 Jury trial in forfeiture proceedings.
174. SB 88 Abortion facilities to offer sonograms.
175. SB 11 Motor fuel dispensing operations requirements for corrosion protection revised.
176. SB 143 Collection and administration of the 911 emergency surcharge and operation of
911 services, revised.
ENVIRONMENTAL PROTECTION
177. HB 1148 Provide an exception to the definition of large-scale solid waste facilities.
178. HB 1210 Recyclers, scrap metal dealers, or scrap yard operators prohibited from
purchasing certain beer kegs.
179. SB 123 Requirements for the sale and purchase of nonferrous metal property.
180. SB 190 Regulatory oversight of oil pipelines and to create a task force.
ALCOHOLIC BEVERAGES
181. HB 1265 The sale, purchase, use, or possession of alcohol without liquid devices,
prohibited.
182. HB 1126 On-sale wine licenses, issuance revised.
183. HB 1269 Off-sale package beer and wine combination license.
184. HB 1283 Revised municipal alcoholic beverage licenses.
185. HB 1142 Additional off-sale liquor licenses in certain municipalities.
186. HB 1321 Alcoholic beverage licenses authorized for certain municipal facilities.
187. HB 1203 Sale or consumption of alcoholic beverages upon property adjoining licensed
premises.
188. HB 1118 Special off-sale package wine dealers licenses authorized.
189.
SB 126 Municipalities and counties may issue additional on-sale alcoholic beverage
licenses.
190.
HB 1114 Definition and operation revised for farm wineries.
PROFESSIONS AND OCCUPATIONS
191. HB 1107 The promulgation of rules to set various licensing and other fees for certain
professions and occupations, revised.
192. SB 31 Chiropractic assistants certified.
193. SB 34 Certified nurse midwives may attend out-of-hospital births.
194. HB 1112 Revise certain requirements for veterinary technicians.
195. HB 1008 Department of Revenue and Regulation form and style review of the abstractor's
statutes.
196. SB 16 Plumbing trade continuing education required.
197. SB 51 The Board of Examiners of Psychologists, responsibilities modified.
198. SB 50 Change the name of the Board of Counselor Examiners.
199. HB 1078 Certification for chemical dependency counselors and prevention specialists.
200. SB 29 Appropriation to fund a dental externship program.
TRADE REGULATION
201. HB 1247 Certain fuel contracts may not restrict ethanol blend percentage.
202. HB 1159 Franchise protection for certain types of merchandise.
203. SB 52 The regulation of franchises and business opportunities, improved.
204. HB 1136 Registration of business names, filing clarified.
205. HB 1059 Office of the Attorney General's consumer complaint program, personnel limit
repealed.
206. HB 1060 Statute of limitations regarding deceptive trade practices, increased.
AGRICULTURE AND HORTICULTURE
207. HB 1248 Appropriation for county conservation district award program.
208. SB 134 Increase the pesticide registration fee and promote the pesticide recycling and
disposal program.
209. HB 1179 Appropriate money for the state fair.
210. HB 1180 Appropriate money to the Department of Agriculture for a grant to the Northern
Crops Institute.
211.
HB 1069 Appropriation to the coordinated natural resources conservation fund.
ANIMALS AND LIVESTOCK
212. HB 1058 Livestock inspection fee, limit increased.
213. HB 1055 Leaving the brand inspection area without a brand inspection, penalty modified.
214. HB 1057 Eligibility for open market status, revised.
215. HB 1056 Livestock sales and the transporting of livestock out of the ownership inspection
area, documentation revised.
GAME, FISH, PARKS, AND FORESTRY
216. HB 1042 The definition of residency revised for the issuance of resident hunting, fishing,
and trapping licenses.
217. HB 1263 Establish a hunter mentoring program.
218. HB 1228 Revise provisions related to bow hunting methods for persons with disabilities.
219. SB 111 Road hunting of big game prohibited for all types of firearms.
220. HB 1071 The permissible costs payable from the fire suppression special revenue fund.
221. SB 49 An appropriation for costs related to suppression of wildfires.
222. HB 1314 Department of Game, Fish and Parks to sell real and personal property located
at the Spring Creek Recreation Area.
RECREATION AND SPORTS
223. HB 1109 The state lottery investigation fund and the authority to contract with the
attorney general for certain services, repealed.
PROPERTY
224. SB 97 Disclosure of debts in property condition disclosure statements.
225. SB 124 Specify format standards for real estate documents.
226. HB 1105 Recording and indexing of homestead descriptions.
227. SB 177 Disposal of abandoned tenant's property left on leased residential premises.
228. HB 1113 Notice requirements for persons who lease real property for their mobile or
manufactured homes.
MINING, OIL, AND GAS
229. SB 162 Revise provisions related to confidentiality of certain geological reports.
WATER RIGHTS
230. SB 6 Ownership of an application to appropriate water may be transferred.
WATER MANAGEMENT
231. SB 5 South Dakota Conservancy District bond requirements revised.
232. HB 1245 Water development district boundaries revised.
233. HB 1174 Revise provisions related to water development district directors.
234. HB 1027 Water development district elections deadline for nominating petitions changed.
235. HB 1277 Appropriations for various water and environmental purposes.
CORPORATIONS
236. HB 1139 South Dakota Business Corporations Act revised regarding the issuance of
shares and cumulative voting for directors.
237. SB 173 Revise provisions related to the Family Farm Act to exempt certain large
dairies.
PUBLIC UTILITIES AND CARRIERS
238. SB 174 The exercise of eminent domain by railroads revised.
239. SB 12 Motor carrier safety and transportation of hazardous materials provisions
updated.
240. HB 1313 The use of certain electronic communication devices to communicate threats
and harassment prohibited.
241. HB 1115 Continue to appropriate funds to provide cochlear implants to certain children.
242. SB 39 Electric or natural gas rate regulation revised.
243. HB 1272 Revised renewable energy standards.
244. HB 1123 Renewable and recycled energy objectives and reporting requirements.
245. SB 40 Gas and electric public utility's assets to be segregated.
246. SB 43 Energy facility siting requirements changed.
247. SB 42 Public warehouse regulation repealed.
248. SB 41 Public storage warehouse regulation revised.
249. SB 45 The licensing and regulation requirements for public grain warehouses, revised.
250. SB 46 License fees for grain buyers and grain warehouses increased.
251. SB 44 Grain buyer and dealer licensing and regulation modified.
BANKS AND BANKING
252. SB 17 Bank and trust regulation updated.
253.
HB 1009 Department of Revenue and Regulation, business of money transmission
regulated.
DEBTOR AND CREDITOR
254. SB 128 Modification of credit card agreements.
255. SB 157 Surety bond requirements for mortgage brokerages.
256. HB 1290 Certain entities exempt from the criminal background check for persons in the
business of mortgage lending.
FIDUCIARIES AND TRUSTS
257. SB 84 Trust statutes revised.
258. SB 85 Trust business in banks and the trust company business.
UNIFORM COMMERCIAL CODE
259. SB 93 Uniform commercial code revised.
INSURANCE
260. HB 1200 Computation for premium tax payable for individual life insurance policies,
clarified.
261. HB 1213 Uniform standard for processing of accident and health carrier policy rate and
form filings.
262. HB 1194 Group life insurance revisions.
263. SB 114 Health care coverage under the risk pool under certain circumstances.
264. HB 1072 The appointments to panels for voluntary review of certain first level health care
decisions, revised.
265. SB 36 Discount medical plan organization's renewal period shortened.
266. HB 1318 Options for those who elect continuation of health insurance.
267. SB 132 Continuation of insurance coverage after an employer ceases business
operations.
268. SB 112 Eligibility requirements revised for continuation of health care coverage.
269. HB 1013 Property and casualty insurance filing waiting period revised.
270. HB 1212 Marketing of group insurance for wireless telecommunications equipment under
certain conditions.
271. SB 158 The supervision, rehabilitation, and liquidation of insurers.
272. SB 202 Military sales practices regulated for life insurance and annuities.
273. SB 37 Annuity requirements outlined.
274.
HB 1211 Farm mutual insurers, audit requirements revised.
AGENCY
275. HB 1137 Model Registered Agents Act.
LABOR AND EMPLOYMENT
276. HB 1002 Department of Labor style and form review of statutes.
277. HB 1003 Department of Labor style and form revisions to the unemployment laws.
WORKERS' COMPENSATION
278. HB 1004 Department of Labor review of workers' compensation laws.
279. HB 1037 Medical claim for payment under workers' compensation, procedure
implemented.
SUPREME COURT RULES AND ORDERS
280. 07-01 In the Matter of the Amendment of SDCL 1-26-31.4.
281. 07-02 In the Matter of the Amendment of SDCL 15-6-56(c).
282. 07-03 In the Matter of the Amendment of SDCL 16-16-7.7.
283. 07-04 In the Matter of the Adoption of a New Rule to be Designated at SDCL 16-17-
4.1.
284. 07-05 In the Matter of the Amendment of chapter 16-17 Appendix.
285. 07-06 In the Matter of the Amendment of SDCL 16-19-24.
286. 07-07 In the Matter of the Adoption of a New Chapter to be Designated at SDCL 19-
13A.
287. 08-01 In the Matter of the Amendment of SDCL 15-6-50(b).
288. 08-02 In the Matter of the Amendment of SDCL 15-26A-6.
289. 08-03 In the Matter of the Amendment of SDCL 15-39-55.
290. 08-04 In the Matter of the Amendment of SDCL 16-2-27.1
TOPICAL INDEX
BILL NUMBER TO CHAPTER NUMBER CROSS-REFERENCE TABLE
ENACTED, AMENDED, AND REPEALED SECTIONS TABLE