The effective date of most of the legislation in this volume is July 1, 2010. See SDCL 2-14-16.
Legislation with other effective dates will contain the effective date as one of its provisions.
SOUTH DAKOTA CONSTITUTION
1. SJR 3 The right of individuals to vote by secret ballot.
2. HJR 1004 Trust fund appropriated from the proceeds of the state cement enterprise sales.
STATE AFFAIRS AND GOVERNMENT
3. HB 1135 Rescind all previous applications of the State of South Dakota for the calling of
a federal constitutional convention.
4. SB 50 Bonding authority revised.
5. SB 109 Deposit of fees under the 24/7 sobriety program.
6. SB 133 Procedures revised for handling complaints regarding open meeting
requirements.
7. HB 1059 Investment Council may discuss information in executive session.
8. SB 155 Administrative rules with financial impact upon political subdivisions of state
government may be reverted.
9. SB 104 Disclosure requirements of public information and public meetings.
10. SB 82 State contracts to be displayed on a searchable internet website.
11. HB 1028 Interpreters for the deaf certification requirements changed.
12. HB 1013 Department of Environment and Natural Resources may accept documents
submitted with electronic signatures.
13. SB 48 Extraordinary litigation expenses appropriation.
14. HB 1044 Tuition reimbursement for certain health care providers.
15. HB 1192 Ethanol blender pump incentive program.
LEGISLATURE AND STATUTES
16. HB 1010 Legislative manual compilation and printing revised.
17. HB 1052 Definition of full-time equivalent to exclude graduate students.
18. HB 1008 Codify legislation enacted in 2009.
PUBLIC OFFICERS AND EMPLOYEES
19. HB 1005 Bureau of Personnel authority revised.
20.
SB 20 South Dakota Retirement System, certain provisions revised.
21.
SB 21 South Dakota Retirement System investment requirements modified.
22.
SB 19 Spouse optional protection contribution increased.
23.
SB 18 Retired members who return to covered employment, benefits revised.
24.
HB 1061 Public Entity Pool for Liability.
PUBLIC FISCAL ADMINISTRATION
25. SB 196 Fiscal year 2011 General Appropriations Act.
26. SB 49 General Appropriations Act for fiscal year 2010 increased.
27. SB 134 Divestiture of state investment funds in certain companies liable to sanctions.
28. SB 122 When actual state revenues fall below legislatively adopted estimates, certain
procedures are repealed.
PUBLIC PROPERTY, PURCHASES AND CONTRACTS
29. HB 1011 High-performance green building standards revised.
30. SB 27 Dietary services building addition at the Human Services Center.
31. HB 1046 Contracting for goods and services for governmental agencies.
32. SB 166 Liquidation of the remaining property of the South Dakota Cement Plant
Commission.
LOCAL GOVERNMENT GENERALLY
33. HB 1138 Certified technology parks created.
COUNTIES
34. HB 1072 County commission may elect a vice chair.
35. SB 118 Register of Deeds may electronically preserve certain documents.
36. HB 1063 Sheriff liability insurance limits.
37. HB 1090 County legal expense relief fund revised.
38. HB 1082 Counties may require criminal background checks.
TOWNSHIPS
39. HB 1227 Townships may enroll in certain group benefits.
40. HB 1128 Fire protection services provided through township funding revised.
MUNICIPAL GOVERNMENT
41. HB 1091 Municipal election requirements revised in the case of death or withdrawal of
a candidate.
42. SB 80 Clarify requirements related to certain municipal service by elected officials.
43. SB 114 Municipality with flexible spending accounts allows use of debit cards.
44. HB 1149 Allow municipal interfund loans.
TAXATION
45. HB 1030 Internal Revenue Code references updated.
46. HB 1185 Tax benefits for the surviving spouses of certain disabled veterans.
47. SB 58 Real property taxes revised for small renewable energy facilities.
48. HB 1166 Locations where the local boards of equalization may meet, clarified.
49. SB 67 Property tax levies revised for the general fund of a school district.
50. HB 1270 State may enter into tax collection agreements with Indian tribes, requirements
revised.
51. SB 78 Revenue payable to municipalities from taxes on real property, amount revised.
52. HB 1126 Property owners of a homestead who are delinquent in paying their property
taxes must notify the county treasurer when they meet certain age requirements.
53. HB 1179 Time limited for a tax deed to be procured.
54. SB 172 Environmental upgrade definition for tax exemption revised.
55. HB 1201 Tax laws applicable on December 31, 2009, apply to certain wills and trusts that
refer to federal estate and generation-skipping transfer tax.
56. HB 1031 Conference bridging services defined for sales and use tax purposes.
57. SB 31 Reimbursable expense exemption from the sales and service tax, updated.
58. HB 1039 Sales tax exemption certificate, use clarified.
59. SB 29 Direct mail postage cost exemption.
60. SB 28 Sales and use tax collection, liability to collect when rate changes.
61. SB 195 Tax refunds revised.
62. SB 30 Tax refund procedure revised for the construction of agricultural processing or
new business facilities.
63. HB 1060 Tax refund for certain wind energy facilities.
64. HB 1032 Use tax reporting period revised.
65.
HB 1094 Contractors engaged in realty improvement contracts for certain municipal
utilities subject to the contractor's excise tax.
66.
HB 1033 Natural gasoline and ethyl alcohol blend regulated.
67.
HB 1041 Revised discount on the sale of cigarette stamps to distributors.
68.
HB 1065 Tobacco manufacturers to make quarterly escrow payments.
69.
SB 33 Delinquent tax account license may be revoked or cancelled.
70.
SB 66 Appropriation to fund property tax and sales tax refunds for certain elderly
persons and persons with a disability.
PLANNING, ZONING AND HOUSING PROGRAMS
71. HB 1172 Planning commission approval is repealed for the construction of utilities and
public facilities.
72. HB 1252 Payment in lieu of taxes for certain housing projects.
73. SB 68 Update building code references.
ELECTIONS
74. SB 13 Petition and election procedures revised.
75. HB 1054 Independent voters voting an absentee ballot in a primary election.
76. HB 1053 Campaign finance requirements changed.
EDUCATION
77. HB 1022 Department of Education organizational references updated.
78. HB 1152 Department of Education to develop a framework for entrepreneurship
education.
79. HB 1181 Consolidation incentives for school districts, repealed.
80. SB 101 Authorize a pilot school district election in 2011 using certain electronic
methods.
81. HB 1108 General fund base percentage revised in calculating state aid to education.
82. SB 22 Student allocations in the state aid formula revised.
83. SB 183 Students served in residential treatment facilities excluded from the
determination of the small school adjustment.
84. HB 1248 Definition of fall enrollment revised in the state aid to education formula and to
eliminate a one-time payment.
85. SB 63 Charter schools authorized.
86. HB 1020 Special education funds may be transferred to other funds.
87.
HB 1023 School year make-up time, requirement modified.
88.
SB 25 Students who transfer, tuition and state aid requirements revised.
89.
HB 1129 Student expelled from school under certain circumstances may be reinstated.
90.
SB 105 Statutory reference for teacher and administrator code of ethics.
91.
HB 1021 Federal special education funds may be used to purchase equipment.
92.
SB 156 The high school activities association and school administrator to be notified if
a student is convicted of certain crimes.
93.
SB 83 Self-administration permitted of prescription asthma and anaphylaxis
medication by students.
94.
SB 24 Teacher evaluation standards.
95.
HB 1024 Teaching certificates no longer need to be filed with the school district.
96.
HB 1190 High school course requirements revised for the South Dakota Opportunity
Scholarship program.
97.
SB 145 Qualifications revised for the South Dakota Opportunity Scholarship program.
98.
SB 26 Appropriation for addition to Barnett Center.
99.
HB 1025 Board of Regents may construct a motor pool building.
100.
HB 1026 Board of Regents may construct second phase of the electrical engineering and
computer science building.
101.
HB 1027 Board of Regents may construct visitor center at McCrory Gardens.
102.
SB 88 Interstate compact on educational opportunity for military children.
103.
HB 1160 Any student may participate in the Opportunity Scholarship program.
104.
HB 1240 Create the South Dakota need-based grant fund.
105.
SB 47 State aid to special education appropriation from 2010 fiscal year to carryover
to fiscal year 2011.
106.
SB 106 Appropriation for construction of classroom facilities at the University Center
in Sioux Falls.
COURTS AND JUDICIARY
107. HB 1081 Court automation surcharges increased.
108. HB 1078 Court records inspection and copying regulated.
PERSONAL RIGHTS AND OBLIGATIONS
109. SB 75 Define terms related to agritourism activities.
110.
HB 1136 Asbestos-related liabilities limited for certain successor corporations.
JUDICIAL REMEDIES
111. HB 1092 Continuing liens on wages by garnishment.
112. SB 54 Civil actions by inmates regulated.
CRIMES
113. HB 1187 Criminal penalties for killing or harming law enforcement animals.
114. HB 1164 No contact provisions revised in cases of stalking and domestic abuse.
115. HB 1110 Statutory rape and statutory sexual contact revised.
116. HB 1244 Penalty increased for solicitation of a minor.
117. SB 11 Solicitation or conspiracy to commit a sex crime added to list of crimes
requiring registration.
118. SB 10 Registration grace period reduced for sex offender registration.
119. SB 12 Three tiered sex offender registry procedure established.
120. SB 7 Sex offenders who are homeless or on parole may live within safety zone.
121. SB 8 Sex offender registry applicable to certain out-of-state offenders.
122. HB 1095 Development corporations may conduct bingo games and lotteries under certain
conditions.
LAW ENFORCEMENT
123. HB 1062 County coroner training.
124. SB 132 DNA samples used to determine parentage under certain conditions.
CRIMINAL PROCEDURE
125. HB 1260 Include certain U.S. Forest Service personnel in the definition of law
enforcement officers.
126. HB 1105 Arrest record may be expunged.
127. HB 1076 Sex offense victim testimony and evidence, certain restrictions repealed upon
the condition that a rule is adopted by the Supreme Court.
128. HB 1177 Use limited of suspended impositions of sentence to the same defendant.
129. HB 1073 A court has continuing jurisdiction to revoke probation or a suspended
execution of a sentence.
130. HB 1075 Credit for time served may be applied against costs and fines.
131. HB 1077 Delayed appeal allowed for certain petitioners.
132.
HB 1064 Emergency aid personnel blood-borne pathogen testing.
PENAL INSTITUTIONS, PROBATION AND PAROLE
133. SB 110 Parolees may post bond under certain circumstances.
134. SB 55 Parole eligibility revised.
135. SB 53 Rapid City correctional facility appropriation.
DOMESTIC RELATIONS
136. HB 1071 Parental liability increased for willful acts of a child.
137. HB 1228 Standard modified in determining the best interests of a child.
MINORS
138. SB 42 Certain persons may not work in family day care homes.
139. HB 1265 Revise certain provisions relating to indigent counsel.
140. HB 1074 Juvenile records may be disclosed.
141. HB 1104 Recovery limited in certain civil actions for childhood sexual abuse injuries.
MENTALLY ILL PERSONS
142. HB 1132 Referral and placement of certain individuals in need of intervention.
143. SB 39 Monthly fee charged for care at the Human Services Center continued.
UNIFORM PROBATE CODE
144. HB 1047 Conservator powers revised.
HIGHWAYS AND BRIDGES
145. HB 1006 Department of Transportation authority revised.
146. SB 62 Notice requirements revised for closure of a highway.
147. SB 45 The state trunk highway system revised in Codington County.
148. HB 1214 Local government may acquire the fee ownership of highway right-of way land.
149. HB 1042 Billboard permit fees increased.
MOTOR VEHICLES
150. SB 97 Salvage titles may be issued for stolen vehicles and thefts may be noted on the
title of recovered motor vehicles.
151. HB 1035 Boat license decals and numbering, procedure revised.
152. SB 100 Motorcycle safety education fee continued.
153.
HB 1171 Fees revised for special motor vehicle license plates.
154.
SB 65 Time frame revised for the design of a new motor license plate series.
155.
HB 1130 Family members of armed forces members who died in military service are
eligible for special license plates.
156.
HB 1088 New vehicle dealer franchise rights modified.
157.
HB 1034 Collection of a mailing fee authorized when plates or decals are mailed to
dealers, a motor carrier applicant, or a boat owner.
158.
SB 34 Commercial motor vehicle registration to be staggered.
159.
SB 36 Motor carrier registrations may be denied under certain circumstances.
160.
SB 17 Minor's restricted driver permit may be upgraded by mail.
161.
SB 16 Commercial driver licensing requirements updated.
162.
HB 1107 Nonresident commercial driver license renewal.
163.
SB 148 Withdrawal of blood to determine alcohol content.
164.
HB 1103 Golf carts may be used in certain municipalities.
165.
SB 149 Method revised for calculating subsequent DUI offenses.
166.
HB 1080 Driving under the influence habitual offender references updated.
167.
SB 98 Yield the right-of-way to pedestrians crossing a highway, exception created.
MILITARY AFFAIRS
168. HB 1049 Qualifications for the director of the Division of Veterans Affairs, revised.
169. HB 1048 National Guard Armory construction.
PUBLIC HEALTH AND SAFETY
170. SB 69 Nursing facility moratorium exceptions.
171. SB 157 Construction of nursing facilities authorized on American Indian reservations.
172. HB 1222 Persons selling certain foods at farmers' markets regulated.
173. HB 1131 Intoxicated or incapacitated persons may be taken into protective custody.
174. HB 1045 Controlled substances added to list.
175. HB 1231 Prescription and dispensing of controlled substances monitored.
176. HB 1079 A new birth certificate may be issued in certain adoptions.
177. SB 15 Fire prevention codes and standards updated.
178.
HB 1096 Open burning violation penalty revised in the Black Hills Forest Fire Protection
District.
179.
HB 1016 911 emergency call services, requirements revised.
ALCOHOLIC BEVERAGES
180. SB 2 Alcoholic beverage control and licensing laws revised.
181. SB 136 Municipalities may maintain a certain number of on-sale alcoholic beverage
licenses.
182. HB 1069 Transportation of alcoholic beverages, requirements modified.
183. HB 1002 Revise days, hours, and ages for alcoholic beverage sales.
184. SB 188 Sale and display of alcoholic beverages revised.
185. HB 1001 Special alcoholic beverage licenses allowed.
186. HB 1180 On-sale license and malt beverage license for the county fairgrounds.
187. SB 4 Rule-making authority regarding the sale of certain alcoholic beverage container
sizes to on-sale licensees, revised.
PROFESSIONS AND OCCUPATIONS
188. SB 40 Dentist's license may be suspended for failure to renew.
189. SB 115 Sale or delivery of contact lenses prohibited without a prescription.
190. SB 96 Continuation of the waiver of the collaborative agreement requirement for
certified nurse midwives.
191. SB 86 Revise certain licensure provisions for veterinarians.
192. SB 85 Waive certain continuing education requirements for veterinarians over age
sixty-five.
193. HB 1151 Funeral establishments may operate branch chapels.
194. HB 1017 Uniform plumbing code revisions.
195. HB 1029 Board of Social Work Examiners may take action against a social worker's
license.
TRADE REGULATION
196. SB 139 Secretary of State may cancel a trademark.
197. HB 1249 Require persons who buy property at auction to take possession within ninety
days.
198. SB 89 Firearms, firearm accessories, or ammunition manufactured and retained in
South Dakota exempt from federal regulation.
AGRICULTURE AND HORTICULTURE
199. HB 1058 Weed and Pest Control Commission restructured.
200. SB 52 Phytosanitary certificate and inspection fees increased.
201. HB 1120 Revise certain provisions related to the Oilseeds Council.
202. HB 1101 Membership restructured for the Corn Utilization Council.
203. SB 46 Wildfire suppression appropriation.
204. HB 1056 Soil and water conservation fund appropriation.
FOOD AND DRUGS
205. HB 1057 Dairy production and inspection requirements updated.
GAME, FISH, PARKS, AND FORESTRY
206. HB 1014 Civil penalty established for unlawful taking of trophy big game.
207. HB 1015 Mentored youth big game hunting license surcharge repealed.
208. HB 1102 Revise boundary of Wall Lake game bird refuge.
209. HB 1264 Authorize two free antlerless deer tags for landowners.
210. HB 1176 Allow quadriplegics to hunt with a designated shooter.
211. SB 102 Black Hills Playhouse lease continued and modified.
RECREATION AND SPORTS
212. HB 1036 Gaming property owner license created.
PROPERTY
213. HB 1263 Wind easement development requirements.
214. SB 141 Documents filed with the register of deeds that may contain personally
identifiable information.
215. SB 81 Open-loop prepaid cards exempt from unclaimed property provisions.
WATER MANAGEMENT
216. SB 184 Water development districts taxation and formation, revised.
217. SB 64 Appropriations from the water and environment fund, the water pollution
control revolving fund subfund, and the drinking water revolving fund subfund
for various water and environmental purposes.
CORPORATIONS
218. HB 1109 Uniform Limited Liability Company Act revised.
PUBLIC UTILITIES AND CARRIERS
219. SB 90 Exception created from the one-call notification requirements for natural gas
operators in emergency situations.
220. SB 125 Revise provisions on complaints of violations of the One-Call system.
221. SB 14 Motor carrier safety requirements updated.
222. HB 1275 Increase the age for the first cochlear implant.
223. SB 57 Electric service area disputes, procedure to resolve revised.
224. SB 61 Electric utility to file rates for purchases of electricity produced by small
renewable power facilities.
225. SB 56 Federal regulations updated regarding pipeline safety inspection.
226. SB 60 Energy facility siting requirements modified.
AVIATION
227. HB 1007 Aeronautics Commission authority updated and revised.
228. HB 1100 Revise airport revenue bond provisions.
229. HB 1155 Require the marking of wind testing anemometer towers.
CONTRACTS
230. HB 1070 Contracts for the payment of gambling losses are void.
DEBTOR AND CREDITOR
231. SB 190 Opt-out rights of credit card customers.
FIDUCIARIES AND TRUSTS
232. SB 103 Trust revisions.
INSURANCE
233. HB 1037 Insurance producer licensing revised.
234. HB 1038 Orders issued for the examination of insurers, procedure clarified.
235. HB 1089 Policy exclusions allowed in insurance policies.
236. HB 1206 Incontestability provisions in certain life insurance policies do not apply in cases
of fraud.
237. SB 35 Endorsements that reduce or eliminate health insurance coverage, policyholder's
signed acceptance required.
238. HB 1043 Risk pool benefit plan requirements revised.
239.
SB 108 Dental insurers may not set fees for noncovered services.
240.
SB 168 South Dakota Life and Health Insurance Guaranty Association coverage
increased for long-term care insurance.
241.
HB 1257 Countersignature requirement for insurance producers, revised.
242.
SB 32 Reporting revised for surplus lines insurance.
243.
HB 1189 Discrimination based on domestic violence prohibited in life and health
insurance policies.
244.
HB 1040 Life insurance refunds, exception created.
245.
HB 1254 Assignment of insurance benefits to funeral homes.
AGENCY
246. SB 51 Electronic filing of certain documents with the Secretary of State.
UNEMPLOYMENT COMPENSATION
247. SB 186 Employer unemployment surcharge reduced.
248. HB 1018 Unemployment insurance benefit eligibility revised.
WORKERS' COMPENSATION
249. HB 1118 Fees revised for health services provided to South Dakota injured workers
treated by out-of-state medical providers.
SUPREME COURT RULES AND ORDERS
250. 09-06 In the Matter of the Amendment of SDCL 16-6-1.
251. 09-07 In the Matter of the Amendment of SDCL 15-6-4(a).
252. 09-08 In the Matter of the Amendment of SDCL 16-3-5.1.
253. 09-09 In the Matter of the Amendment of SDCL 23A-41-1.
254. 10-01 In the Matter of the Amendment of SDCL 15-26A-6.
255. 10-02 In the Matter of a New Rule of Civil and Criminal Procedure to be designated
at 15-15-9 and 23A-44-17.
256. 10-03 In the Matter of a New Rule of Evidence to be designated at 19-7-15.
TOPICAL INDEX
BILL NUMBER TO CHAPTER NUMBER CROSS-REFERENCE TABLE
ENACTED, AMENDED, AND REPEALED SECTIONS TABLE