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authorize a clerk of courts to provide certain notices by electronic mail.
HB 1087 allows court clerks to send official notices to people by email instead of requiring paper delivery. The bill removes two outdated sections of state law that previously restricted how courts could communicate with the public, modernizing the notification process.
provide for a regular review of parenting guidelines.
South Dakota courts currently use standard guidelines to determine the minimum amount of parenting time for noncustodial parents in custody cases, but this bill adds a requirement that these guidelines be formally reviewed and potentially updated at least every five years through a public hearing process. The state court administrator will oversee these regular reviews to ensure the guidelines stay current with changing family circumstances and child-rearing practices.
modify certain provisions regarding notice, service, and execution of judgments in forceable entry and detainer actions.
HB 1067 speeds up eviction proceedings by allowing landlords to start serving tenants by publication (posting notices publicly) on the same day they first attempt personal service, without needing court approval first. The bill also requires sheriffs to make at least four service attempts at least six hours apart within thirty days, and allows posting on the fourth attempt if the tenant cannot be found in person. Additionally, it changes the response deadline for defendants from four days to thirty days after the first published notice.
provide for protection orders.
HB1148 clarifies the process for filing protection orders in South Dakota by requiring that petitions must be accompanied by a sworn affidavit with specific facts supporting the claim, and optionally by a police report. The bill reorganizes the existing law to make it clearer that protection orders can be filed against people accused of stalking, assault causing physical injury, or crimes of violence, and can be pursued independently of any other pending legal cases.
recalculate abatement of the basic child support obligation.
This bill changes how South Dakota courts reduce child support payments when a parent (the "obligor") spends significant time with their child. Instead of giving courts discretion to reduce support by 38-66%, the bill creates a set calculation where the reduction automatically increases based on how many nights per month the child stays with that parent—ranging from 6.5% reduction for 2+ nights up to potentially full elimination at 14+ nights. This makes child support abatement more predictable and standardized rather than left to individual court decisions.
revise certain provisions pertaining to trusts.
SB 65 makes two main changes to South Dakota trust law: it allows courts to award attorneys' fees and costs in trust disputes to either parties or the trust itself, with payments from the trust potentially deducted from beneficiaries' future distributions, and it clarifies that purpose trusts must always have an enforcer (either designated or court-appointed) to oversee the trust's stated purpose. These changes aim to make trust administration more flexible and ensure that non-charitable purpose trusts cannot become unenforceable due to lack of an enforcer.
require the payment of attorney's fees in cases addressing noncompliance with visitation orders.
HB1139 requires a parent who violates a court-ordered visitation schedule to pay the other parent's attorney's fees if the case goes to court. This change makes it financially costly for a parent to ignore visitation orders, giving the court a tool to encourage compliance with custody and visitation agreements.
provide for the discharge of certain persons who received a suspended imposition of sentence for a misdemeanor.
HB 1089 eliminates two outdated state law sections (§2-5-2 and §2-5-3) that governed how people who received a suspended imposition of sentence for a misdemeanor could be discharged from that sentence. This change simplifies the discharge process for individuals who completed misdemeanor sentences without serving jail time.
provide for the reinstatement of a driver license under certain conditions.
This bill allows people convicted of certain driving violations (driving without insurance or driving with a suspended license) to get their driver's license reinstated immediately if they prove they have insurance and pay all fines and fees owed—bypassing the usual 30-day to one-year suspension period. However, this reinstatement option does not apply if the violation occurred at the scene of a car accident. The bill essentially gives judges less discretion and creates an automatic reinstatement pathway for drivers who meet these financial and insurance requirements.
recalculate abatement of the basic child support obligation.
HB 1147 changes how South Dakota calculates child support reductions when a parent has overnight custody of their child. Instead of giving courts flexibility to reduce support by 38-66%, the bill creates a fixed schedule where the reduction percentage automatically increases based on how many nights per month the child stays with the paying parent—ranging from 6.5% for 2 nights to higher percentages as overnight custody increases. This removes judicial discretion and replaces it with a formula-based approach to ensure more consistent child support adjustments across cases.
revise the legal notice process.
SB 179 revises the process for publishing legal notices in South Dakota by amending the rules in state law that govern how notices must be distributed to the public. The specific changes to the legal notice requirements are detailed in the amendment to §10-56-22, though the exact modifications are not fully shown in the provided excerpt.
increase the assessment of liquidated court costs and to revise the disposition of the funds collected.
This bill increases the liquidated court cost assessment added to criminal convictions from $40 to $50 per conviction, which courts collect to help fund law enforcement training and judicial expenses. The additional $10 collected from each conviction will be directed to the state treasurer, with the existing breakdown allocating $30 to law enforcement training and $6 to court-appointed attorney funds.
establish qualifications for child custody evaluators.
This bill sets minimum qualifications for who can conduct child custody evaluations in South Dakota court cases—requiring evaluators to be psychiatrists, licensed psychologists, marriage and family therapists, or licensed social workers, or alternatively, to have nationally recognized training and experience in custody evaluation. If no qualified evaluator is available, both parents can agree on someone the court approves. The bill also clarifies that courts must split the costs of custody evaluations between the parents.
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.
adopt the Uniform Power of Attorney Act.
South Dakota is adopting the Uniform Power of Attorney Act, which replaces the state's existing power-of-attorney laws with a standardized set of rules used by many other states. This change (shown by the significant amendment to §22-21-4) updates how people can authorize others to make financial, healthcare, and legal decisions on their behalf, making the process clearer and more consistent with national standards.