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revise the conditions under which a licensed vehicle dealer may display or sell certain vehicles.
Licensed vehicle dealers can now sell or display vehicles at public auctions across multiple counties without needing separate licenses for each county, as long as the vehicle is at least twenty model years old, is an emergency vehicle, or is consigned to the auction and displayed for no more than fifteen consecutive days. Previously, dealers needed a separate license for each county where they operated. This change allows dealers more flexibility to participate in auctions statewide under their existing license.
revise provisions regarding the compensation of merchandise dealers for diagnostic and warranty work.
HB 1091 removes two sections of South Dakota law (§2-5-2 and §2-5-3) that governed how merchandise dealers are compensated when they perform diagnostic work and warranty repairs. By repealing these provisions, the bill eliminates the state's rules requiring dealers to be paid for this type of work.
revise conditions for selling non-temperature-controlled baked goods without license.
HB 1125 makes it easier for home bakers to sell certain baked goods without a commercial license by relaxing the rules about temperature control requirements. The bill modifies the conditions under which non-temperature-controlled baked goods (like breads and cookies that don't need refrigeration) can be sold directly to consumers without state licensing. This change allows small-scale home bakers more flexibility to operate legally while still maintaining food safety standards.
authorize series limited liability companies.
South Dakota now allows limited liability companies to create internal "series" that operate somewhat independently, with each series having its own separate members, managers, or financial interests tied to specific property or business purposes. Importantly, debts and liabilities of one series are only enforceable against that series' assets—not against the main company's assets or other series' assets—as long as the company maintains separate records and accounting for each series. This structure gives business owners more flexibility in how they organize and isolate financial risks within a single LLC.
revise certain provisions regarding money transmission.
This bill expands South Dakota's exemptions from money transmission licensing requirements to include operators of payment systems that process wire transfers, credit card transactions, and similar fund transfers between banks and other financial institutions. It also adds a new exemption for contractors who electronically transfer government benefits on behalf of federal, state, or county agencies. These changes allow certain financial service providers and government contractors to operate without needing a state money transmission license.
authorize special event alcohol licenses for full-service restaurant licensees.
This bill allows full-service restaurants to obtain special event alcohol licenses for temporary events, expanding who can apply for these licenses beyond the civic, charitable, and veterans organizations currently permitted. The change adds full-service restaurant licensees to the list of applicants eligible for special malt beverage, wine, and on-sale licenses when hosting special events in their municipality or county.
revise certain provisions regarding grain buyers.
This bill removes the requirement that grain buyers notify sellers about voluntary credit sale agreements and eliminates a separate rule about transferring funds to the grain and warehouse fund. The changes streamline regulations by removing one notification requirement and one funding mechanism while keeping other grain buyer oversight rules in place.
provide for an assumption of risk by any person engaged in off-road vehicle activity and to limit the liability of the renters of off-road vehicles under certain circumstances.
HB1092 removes the existing legal liability protections that were in place for people renting off-road vehicles and instead creates a new rule that anyone participating in off-road vehicle activities assumes the risk of injury or damage themselves. This shift means off-road vehicle renters will have broader protection from being sued by people injured while using their rented vehicles.
authorize certain off-sale licenses for certain entities and to declare an emergency.
This bill expands what types of alcohol licenses a microbrewery can hold on its premises by allowing it to obtain certain off-sale licenses (licenses to sell alcohol for consumption off-site) in addition to the licenses it already could hold. The bill repeals two sections of law related to off-sale licenses and amends the microbrewery licensing rules to permit these additional license types. The bill takes effect immediately upon passage and approval.
establish immunity from liability for the inherent risks of camping.
HB 1121 protects camping facility operators and landowners from lawsuits when people are injured from inherent camping risks—like falling from heights, getting lost, or encountering wildlife—as long as the operator didn't act with gross negligence or intentional misconduct. The bill amends South Dakota's liability laws to clarify that ordinary camping dangers cannot be the basis for negligence claims, similar to existing protections for other recreational activities.
revise provisions regarding the titling of motor vehicles.
This bill allows licensed vehicle dealers to accept out-of-state title certificates for trade-in vehicles by obtaining a written power of attorney from the seller, rather than being required to follow the standard titling procedures. The bill also clarifies exemptions for dealers bringing used out-of-state vehicles into South Dakota, specifying which types of vehicles (like trade-ins, dealer-to-dealer sales, and heavy trucks) don't require immediate re-titling within the usual timeframe.
revise certain provisions regarding banks.
This bill clarifies the bank application process by changing how fees are described—applicants must now pay an "application fee" set by the banking commission rather than a "deposit," though the refund process for overpayments remains the same. The bill also reduces the frequency of required board transaction reviews from monthly to quarterly, allowing bank boards more flexibility in their oversight schedule.
revise certain provisions regarding the use of exemption certificates.
South Dakota sellers can now obtain exemption certificates from buyers up to 120 days after the Department of Revenue requests documentation, instead of having to have them at the time of sale. The bill also allows sellers to prove a transaction wasn't taxable through other means within that same 120-day window, and any certificates submitted after 120 days don't have to be accepted by the department.
revise certain provisions regarding dealer licenses for motor vehicle, snowmobile, and boat sales.
South Dakota dealers selling motor vehicles, snowmobiles, and boats can now get licenses that last multiple years instead of just one year, though the department will still review them annually. Dealers registered in the state's electronic system will now receive renewal notices by email instead of mail. The bill also clarifies the process and timeline for suspending or revoking licenses when dealers fail to renew or pay their fees.
update the adoption of certain American Society for Testing and Materials and National Institute of Standards and Technology standards and certain federal regulations.
South Dakota is updating its fuel quality standards to reference newer versions of national testing requirements. Specifically, the bill changes the biodiesel standard from a 2015 version to a 2020 version of the American Society for Testing and Materials specifications, ensuring the state's fuel rules keep pace with current industry standards.
exempt from alcoholic beverage regulations certain uses of alcohol by postsecondary institutions.
Postsecondary institutions in South Dakota can now produce and store up to 200 gallons per year of distilled spirits, wine, or beer for educational courses and research without needing an alcoholic beverage license or paying related taxes. The alcohol produced must only be used for classroom instruction or research and cannot be sold, donated, or given away, and only students age 21 and older may participate in these courses or consume the alcohol.
increase the maximum allowable height of certain vehicles carrying baled feed and to declare an emergency.
HB 1084 increases the maximum allowable height for vehicles carrying baled feed, allowing farmers and feed transporters to haul taller loads on South Dakota roads. The bill declares an emergency, meaning it takes effect immediately rather than waiting for the standard effective date. This change makes it easier for agricultural operations to transport feed more efficiently without exceeding legal height limits.
revise the Uniform Limited Liability Company Act.
South Dakota is updating its limited liability company law to clarify that members and managers are not personally responsible for the company's debts or liabilities simply because they own or run it, even if the company fails to follow standard business procedures. The law also allows companies to require certain members to accept personal liability for company debts, but only if those members explicitly agree to it in writing and the requirement is included in the company's articles of organization.
provide for remote participation in a shareholders' meeting.
HB 1113 allows shareholders to participate in company meetings remotely rather than requiring them to attend in person. The bill modifies South Dakota's corporate and nonprofit corporation laws to establish rules for how remote participation can be conducted and what rights shareholders retain when joining meetings by phone, video, or other electronic means.
authorize additional abbreviations in naming corporations, limited liability companies, and limited liability partnerships.
HB 1114 allows corporations, limited liability companies, and limited liability partnerships in South Dakota to use additional abbreviations when registering their names with the state. The bill expands the list of acceptable abbreviations (such as "LLC," "LP," or "Corp.") that businesses can include in their official company names under state law.
prohibit the use of misleading identification for telephonic communications.
HB1131 adds a prohibition against using misleading caller identification information when making telephone calls to consumers for sales or marketing purposes. The bill amends South Dakota's existing telemarketing laws to clarify definitions and establish rules about how telemarketers must identify themselves when calling people to sell products, services, or offer credit.
authorize the consumption of alcohol in certain common areas.
HB 1176 allows bars and restaurants with liquor licenses to sell beer and wine for customers to drink in shared indoor spaces (like common hallways or areaways in multi-tenant buildings), as long as the business owner and building owner both sign an affidavit and get approval from local authorities. The bill carves out an exception to existing alcohol laws by designating these common areas as non-public places where alcohol consumption is permitted.
revise provisions regarding out-of-state dealer permits to sell motorcycles.
Out-of-state motorcycle dealers can now sell at South Dakota events with a permit if they meet certain conditions: they must be licensed dealers in their home state with no violations, new motorcycles can't be brands already franchised in South Dakota, and used motorcycles must be at least two model years old with at least 2,500 miles on them. The permit costs $500 (or $250 if purchased before the event starts), lasts 15 days, and dealers who violate these rules are banned from getting another permit for 15 months.
revise provisions regarding the sales of certain older vehicles by auction agencies.
This bill allows auction agencies to sell vehicles that are 20 years or older, whether owned by the public or licensed dealers, and permits anyone to purchase them at these auctions. The bill maintains the existing rule that nonprofit automobile clubs can sponsor no more than one such auction per year and cannot hold them on the same days as certain other vehicle sales. Violating these rules remains a Class 2 misdemeanor.
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 off-sale delivery licenses for the delivery of alcoholic beverages.
HB 1265 changes the rules for businesses that deliver alcoholic beverages to customers by modifying the off-sale delivery license requirements in state law. The specific changes to the licensing rules allow delivery services to operate under updated provisions, though the exact details of what requirements are added or removed would be found in the amended statute.
prohibit internet service providers from selling certain customer data without consent.
South Dakota internet service providers would be prohibited from selling customers' personal information—such as browsing history, location data, financial information, and health details—without first getting the customer's explicit consent. This is a new law that creates protections for broadband users by giving them control over how ISPs use their sensitive data. The bill defines what counts as protected "personal information" and applies to all broadband internet providers operating in the state.
limit entitlement to mechanics' liens.
SB 104 narrows who can file mechanics' liens (claims by workers and suppliers to get paid for work on property) by requiring that they only file liens when hired directly by the property owner or an authorized agent, rather than allowing liens from workers hired further down the chain through contractors or subcontractors. The bill removes language that currently allows subcontractors and their suppliers to file liens, meaning only those with direct agreements with the owner or owner's representative can claim a lien against the property if they're not paid.
delineate activities not constituting the corporate practice of chiropractic.
South Dakota law currently bans corporations from practicing chiropractic, but this bill creates specific exceptions that allow corporations to employ licensed chiropractors as long as the corporation doesn't control the chiropractor's medical judgment, doesn't profit off their services beyond reasonable facility and administrative costs, and limits employment contracts to three years initially with one-year renewals. The bill essentially clarifies what corporate-chiropractor relationships are allowed while maintaining the prohibition on corporations actually practicing chiropractic themselves.
title vehicles older than thirty years with no existing record.
South Dakota currently allows people to title vehicles that are at least 11 years old with no existing record by providing a bill of sale and affidavit. This bill creates a new exception for vehicles older than 30 years, allowing them to be titled without a bill of sale—only an affidavit explaining how the vehicle was acquired is needed.
revise certain provisions regarding plugging and performance bonds for oil and gas wells.
This bill updates South Dakota's rules for oil and gas well bonds by allowing the Board of Minerals and Environment to delegate its authority to require these bonds to the Secretary of Environment and Natural Resources. For deeper wells (over 5,500 feet), the bill also adds flexibility by allowing bond amounts to be set at the actual cost of well site cleanup instead of being limited to a fixed amount. These changes streamline the bonding process while ensuring adequate financial protection for properly plugging and restoring oil and gas well sites.
authorize premium cigars to be shipped and transported and modify tax provisions pertaining to premium cigars.
HB1231 allows premium cigars to be shipped and transported across state lines, and changes how they are taxed in South Dakota. The bill modifies existing tax rules for premium cigars and removes two outdated tax provisions from state law. This makes it easier for businesses and consumers to buy and sell premium cigars while updating the state's tax treatment of these products.
provide timely refunds for excess payments made in lieu of contributions to the unemployment compensation trust fund.
HB1268 requires South Dakota to refund money to employers who have overpaid into the state's unemployment compensation trust fund. The bill speeds up the process for getting these excess payments back to employers rather than keeping the extra funds in the state system.
revise the liability of a guarantor.
This bill directs the South Dakota Legislature to study and review the laws governing how much financial responsibility loan guarantors have when borrowers default on loans. The bill itself doesn't make any immediate changes to guarantor liability rules, but instead establishes that the Legislature should examine this area of law to determine if revisions are needed.
provide for the resolution of alleged certain disability violations.
This bill creates a new process for resolving claims that businesses or property owners have violated accessibility laws affecting people with disabilities. Before filing a lawsuit, the person claiming a violation must first notify the property owner in writing (by personal service or certified mail), or they won't be able to recover attorney's fees unless the court finds the violations were especially serious, willful, or long-lasting.
revise certain provisions regarding reemployment assistance benefits in response to Coronavirus Disease 2019 and to declare an emergency.
SB187 amends South Dakota's unemployment insurance law to address COVID-19 pandemic impacts by modifying which employer accounts get charged for unemployment benefits paid to workers. The specific changes allow the state to handle reemployment assistance benefits differently during the coronavirus emergency, though the full details of those modifications are not shown in this excerpt.
repeal provisions regarding the restricted real estate broker's license for auctioneers and to revise certain provisions regarding real estate licensing.
SB28 eliminates the special "restricted real estate broker's license" that allowed auctioneers to conduct real estate transactions with limited licensing requirements. The bill also makes other changes to South Dakota's real estate licensing rules, though the full details of those revisions aren't clear from the excerpt provided.
revise certain provisions regarding the purchase, distribution, and sale of tobacco products to persons under the age of twenty-one.
South Dakota raises the minimum age to purchase, possess, and receive tobacco products from 18 to 21 years old, while also raising the age restriction for selling tobacco to minors from 18 to 21. The bill updates related rules about where tobacco can be sold (like vending machines and self-service displays) to reflect the new age threshold of 21.
establish a pipeline liability fund, to authorize a special fee for extraordinary expenses, and to make a continuous appropriation therefor.
HB 1093 creates a new pipeline liability fund in South Dakota and authorizes the state to collect special fees from pipeline operators to cover extraordinary expenses related to pipeline incidents or cleanup. The bill repeals two existing sections of state law (§2-5-2 and §2-5-3) that apparently dealt with similar pipeline-related matters, replacing them with this new funding mechanism.
revise the definition of operator for the purposes of the one-call notification system for excavation activities.
HB1234 revises how South Dakota defines "operator" under the one-call notification system that requires excavators to call before digging to avoid hitting underground utilities. The bill updates related definitions and rules across three state law sections while removing two outdated provisions, clarifying who must comply with the notification requirement. This change affects excavation companies and utility operators involved in South Dakota's damage prevention system.
create the small business economic disaster relief subfund, to provide for the transfer of certain funds into the subfund, to authorize the Economic Development Finance Authority to make a grant to the subfund, to provide for the continuous appropriation of the subfund, and to declare an emergency.
SB 192 creates a new state fund called the Small Business Economic Disaster Relief Subfund to provide emergency financial help to small businesses affected by economic disasters. The bill authorizes the Economic Development Finance Authority to contribute grants to this fund and sets up automatic ongoing funding for it. This law was declared an emergency measure, meaning it took effect immediately rather than waiting for the normal effective date.
to revise certain provisions regarding pesticide registration, pesticide application, and enforcement of pesticide laws.
South Dakota's pesticide law changes the penalties for misusing or revealing pesticide formula information: revealing such information without authorization drops from a Class 1 misdemeanor to a petty offense, while intentionally revealing it to commit fraud becomes a Class 2 misdemeanor instead. The bill also clarifies which officials and emergency responders (like physicians and pharmacists) can receive formula information without penalties.