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repeal certain outdated provisions regarding annexation near airports.

# HB1075 Summary HB1075 removes outdated rules from South Dakota law that restricted how cities could annex land near airports. By eliminating these old provisions, the bill gives municipalities more flexibility in deciding whether to expand their boundaries in airport areas.

authorize a county to assess an administration fee for the processing of certain title applications.

Counties in South Dakota will now be allowed to charge an administration fee when processing certain vehicle title applications. This change modifies the existing law that governs title application procedures, giving counties a new option to recover processing costs from applicants.

authorize the governing body of a second or third class municipality to act as a planning and zoning commission.

Second and third class cities in South Dakota can now have their city council act as the planning and zoning commission instead of creating a separate commission. This change streamlines local government by eliminating the need for cities to maintain a separate planning board if they choose not to.

revise provisions regarding the acceptance of gifts by municipalities.

South Dakota cities and towns may now accept gifts of real estate, personal property, or money for parks and public spaces under whatever conditions the donor specifies—such as exempting the property from taxes or assessments. The bill broadens who can give these gifts (removing restrictions to just certain classes of municipalities) and allows the city council to approve gift terms either directly or through a general policy they adopt by resolution, rather than having to approve each gift individually.

require certain infrastructure standards in certain annexed areas.

South Dakota municipalities that own their own electric utilities can now set minimum infrastructure standards for electric service in newly annexed areas served by other utilities, as long as those standards aren't stricter than the municipality's own utility standards. The outside electric utility has 24 months to meet these standards, which may cover design, installation, appearance, capacity, and backup systems, and must be approved by the municipal utility before any construction begins. This creates a new process to ensure consistent electric infrastructure quality when areas are annexed into municipalities.

revise provisions for repair, replacement, and construction of sidewalks within a municipality.

This bill clarifies and expands municipal authority over sidewalk management by changing the requirement that cities "shall" prescribe sidewalk specifications to saying they "may" do so, giving them more flexibility. It also allows municipalities to use resolutions (rather than just ordinances) to require property owners to construct sidewalks in locations the city designates near public roads or property.

provide emergency authority to counties, community improvement districts, and municipalities in the event of a public health crisis and to declare an emergency.

This bill gives county commissioners the power to declare public health emergencies in unincorporated areas of their counties by passing an ordinance that takes effect immediately. It also grants similar emergency declaration authority to community improvement districts and municipalities during public health crises. The bill essentially creates a legal mechanism for local governments to respond quickly to health emergencies without waiting for additional state approval.

provide procedures to enforce the integrity of the United States Constitution.

This bill creates a new Joint Legislative Committee on Constitutional Enforcement that will review federal laws, regulations, executive orders, and court decisions to determine whether they exceed the powers the Constitution gives to the federal government. The committee will assess whether federal actions violate the Constitution or infringe on South Dakota's sovereignty, effectively giving the state legislature a formal process to challenge federal authority it deems unconstitutional.

regulate the use of auxiliary containers.

SB54 prevents local cities and counties from banning or restricting plastic auxiliary containers (like takeout boxes), plastic beverage containers, garbage bags, straws, and other plastic packaging materials. The bill establishes that only state law—not local ordinances—can regulate these items, though it allows local governments to still require special garbage bags for waste identification and ban glass bottles in parks for safety reasons. This preemption removes the ability of South Dakota cities and towns to enact their own plastic restriction or ban ordinances.

Proposing and submitting to the electors at the next general election, an amendment to Article XII of the Constitution of the State of South Dakota, relating to the creation and administration of the pooled local investment fund.

This resolution proposes a constitutional amendment to South Dakota voters that would create and establish rules for a pooled local investment fund—a mechanism for local governments to combine their money for investments. The amendment would modify Article XII of the state constitution and update related state law to govern how this fund operates and is managed. Voters would decide whether to approve this constitutional change at the next general election.

provide for the defense of laws by the Legislature.

This bill allows the South Dakota Legislature to independently defend state laws in court and hire its own lawyers for that purpose, rather than relying solely on the Attorney General. The Legislature can take this action by either a majority vote of the Legislative Research Council's Executive Board or through a concurrent resolution passed by both chambers, and each house can also hire separate counsel to take different legal positions if needed.

revise and repeal provisions regarding aviation.

HB1066 caps the liability of municipalities operating airports at $5 million per accident or occurrence, regardless of the actual damages from injuries, deaths, or property damage. The bill also streamlines South Dakota's aviation definitions by removing outdated language and adding drones to the definition of "aircraft." These changes make it harder for people injured at municipal airports to recover full damages and update the state's aviation rules to reflect modern technology.

authorize counties to impose a temporary voter-approved half-cent sales and use tax and to issue revenue bonds to fund certain county infrastructure construction.

HB 1099 allows South Dakota counties to impose a temporary half-cent sales tax on purchases if voters approve it, and to issue bonds backed by that tax revenue to pay for county infrastructure projects like roads or buildings. The bill repeals two existing sections of law (§2-5-2 and §2-5-3) that previously governed county sales taxes, replacing them with these new voter-approved temporary tax rules.

revise the boundaries of certain water development districts and to revise certain provisions regarding the election of the board of directors and the levying of taxes in the affected districts.

HB 1118 redraws the boundaries of certain water development districts in South Dakota and changes how their board members are elected and how they can collect taxes from property owners. The specific amendments to state law sections 13-39-75 and 13-55-42 expand and revise the rules governing these districts' operations and revenue collection methods.

provide certain provisions that require the Governor to consult the Legislature before mobilizing the National Guard or law enforcement in certain circumstances.

This bill requires the Governor to consult with the Legislature before mobilizing South Dakota's National Guard or state law enforcement agencies to help another state under a mutual aid agreement. Currently, the Governor can make this decision alone; this new law adds a requirement to get input from the Legislature first.

revise provisions regarding electric service in annexed areas.

This bill requires municipalities that operate electric utilities to meet in person with competing electric utilities before annexing new territory, giving those utilities a chance to negotiate over who will provide electricity service to the annexed area. The bill also requires municipalities to notify affected non-municipal electric utilities at least 20 days before the first reading of any annexation petition that would affect their service territory. These new rules ensure that electric utilities have a formal say in annexation decisions that could impact their customers and service areas.

increase the bid limit for certain public improvements.

This bill raises the threshold at which South Dakota government agencies must publicly advertise for bids on construction projects from $50,000 to $100,000. Agencies will still need to advertise for bids on supply and service contracts over $25,000, but public improvement projects under $100,000 (instead of the previous $50,000) can now be awarded without the formal bidding process.

increase funding for counties and townships by increasing the excise tax rate on motor fuel.

SB 178 increases the state excise tax on motor fuel to generate more money for counties and townships. The higher fuel tax rate will be collected at the pump and distributed to local governments to support their operations and services.

provide for certain bonds for the construction of courthouses.

SB 182 allows counties to issue bonds to pay for the construction of new courthouses. This change modifies the existing law governing how counties can finance courthouse building projects, giving them a new funding option beyond other available methods.

accommodate legislation related to electric service in a newly annexed area.

When a city annexes new land, this bill updates the rules for how electric service can be provided to that newly annexed area by clarifying the roles of municipal utilities and rural electric cooperatives. The bill modifies provisions in state law about municipal electric services and repeals outdated rules that previously restricted electric service options in newly annexed territories.

revise provisions regarding electric service in annexed areas.

SB 184 revises the rules for how electric service is provided to areas that are newly annexed into a city or town. The bill changes existing law in South Dakota Codified Law §10-56-22 to clarify the process and responsibilities for electric utility service in these annexed areas.

authorize the collection of certain search and rescue service costs.

This bill allows South Dakota and its local governments to bill individuals for search and rescue services provided in national parks, national forests, or state parks, up to a maximum of $1,000 per person rescued. Previously, there was no legal authorization for agencies to collect these costs from the people they rescued.

provide an option to sparse school districts regarding the amount of taxes collected in the capital outlay fund.

This bill gives sparse school districts (those with very low enrollment) the flexibility to choose how much they collect in property taxes for capital projects—either the maximum amount allowed under existing law or a per-student amount of $2,800 (adjusted annually). Regular school districts remain capped at whichever is lower between the existing maximum or the $2,800-per-student limit. The change allows sparse districts more control over their building and equipment funding while other districts face the stricter limit.

repeal certain provisions regarding the organization of the Legislature.

HB1001 removes six state laws that governed how the Legislature organizes itself, including rules about when and where legislative sessions are held, how Senate and House leaders are elected, how to break tied votes for House organization, how presiding officers hire legislative staff, and how interns are assigned and supervised. By repealing these provisions, the bill eliminates these specific organizational requirements from state law, leaving those matters to be governed by legislative rules or other procedures instead.

revise certain provisions regarding water development districts.

HB 1058 adjusts the boundaries of the James River Water Development District to include specific townships in Marshall and Aurora counties, and clarifies the procedures for when board vacancies occur and how remaining directors fill those vacancies through an election process. The bill updates the geographic area served by this water district and standardizes the rules for replacing directors who leave office.

exempt vehicles owned by improvement districts from certain vehicle registration fees.

Improvement districts—local government entities that manage services like water, drainage, or rural fire protection—will no longer have to pay certain vehicle registration fees on the vehicles they own. This exemption reduces costs for these districts, which are typically funded by property taxes and fees from the landowners they serve.

revise civil liability for riot and incitement to riot.

**HB 1199 requires South Dakota cities to notify electric utilities before annexing nearby territory.** When a municipality with a city-owned electric utility or receives an annexation petition, it must now send the utility a certified copy of the petition and public hearing notice. This ensures electric utilities have advance warning and a chance to weigh in when cities expand their boundaries.

revise certain provisions regarding local referendums.

This bill extends the deadline for county residents to challenge local ordinances and resolutions through a referendum petition from 20 days to 40 days after publication. It also delays when ordinances take effect from the 20th day after publication to the 40th day after publication, giving citizens more time to organize a referendum before the rule goes into force.

prohibit school districts from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory.

School districts would be prohibited from using school or athletic team names, mascots, or nicknames that are determined to be racially derogatory or discriminatory. This creates a new requirement for districts to evaluate their current names and mascots, and bars them from adopting any new ones that meet this definition going forward.