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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.
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 The bill updates related definitions and rules across three state law sections while removing two outdated provisions, clarifying who must comply with the notification requirement.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.
provide for the inspection of certain swimming pools and beaches.
# HB1240 Summary This bill updates South Dakota's rules for inspecting swimming pools and beaches by making significant changes to the inspection requirements and procedures outlined in state law. The bill modifies existing inspection standards in three separate sections of code and eliminates two outdated inspection-related provisions that are no longer needed. The changes aim to streamline how the state oversees public swimming pool and beach safety.
revise provisions regarding contagious disease control and enforcement and to declare an emergency.
HB 1295 revises South Dakota's rules for controlling and enforcing contagious disease regulations, giving state health officials stronger tools to respond to disease outbreaks like COVID-19. The bill declares an emergency to allow these new disease control measures to take effect immediately rather than following the normal delayed implementation process.
revise certain provisions regarding sex offender registration statutes.
This bill updates South Dakota's list of crimes that require sex offender registration by adding three new offenses: felony indecent exposure under a new statute section, solicitation of a minor, and bestiality. The bill also clarifies that attempts, conspiracies, and solicitations to commit any of these crimes also trigger registration requirements.
revise provisions regarding immunizations.
This bill eliminates South Dakota's requirement that children be immunized before entering school or early childhood programs, though the Department of Health can still recommend immunizations. The bill removes previous exemptions for medical and religious reasons since immunizations are no longer mandatory, and it prevents schools from requiring any immunization or medical procedure as a condition of enrollment.
define critical infrastructure and revise certain crimes for the trespass or damage to critical infrastructure.
SB 151 creates a legal definition of "critical infrastructure" in South Dakota and increases criminal penalties for trespassing on or damaging such facilities. The bill makes unauthorized entry or damage to critical infrastructure (like power plants, water systems, and communications networks) a more serious crime with enhanced punishments to protect essential services that the public depends on.
revise the offenses for which an order for interception of communications may be granted.
SB71 expands the crimes for which law enforcement can get court approval to wiretap or intercept communications by adding sex crimes and crimes of violence to the list of offenses eligible for surveillance orders. The bill specifically includes sex crimes defined in state statute and violent crimes already classified in law, giving prosecutors additional tools to investigate these serious offenses.
revise certain provisions regarding manufactured home construction and safety standards.
This bill updates South Dakota's manufactured home safety standards to reflect current federal regulations instead of outdated 1990 standards, requiring the State Fire Marshal to enforce construction rules that match federal standards as of January 1, 2020. The change ensures manufactured homes built and sold in South Dakota meet more recent safety requirements set by the U.S. Department of Housing and Urban Development.
restrict certain vapor products.
South Dakota HB 1064 restricts the sale and use of flavored vapor products by banning electronic smoking devices that have characterizing flavors (any taste or aroma other than tobacco, mint, or menthol). The bill updates state law to define what counts as a flavored vapor product and establishes where vaping is prohibited, including workplaces and public places. This effectively prevents manufacturers and retailers from selling most flavored e-cigarettes and vaping liquids to consumers in South Dakota.
revise drone surveillance protections.
HB1065 expands South Dakota's privacy law to specifically protect against drone surveillance by prohibiting anyone from using drones to photograph, record, or observe people, homes, or businesses without written consent when there's a reasonable expectation of privacy. The bill also makes it illegal to land a drone on someone else's property without permission (except in emergencies), with the drone owner liable for any damage caused. Violating these rules is a Class 1 misdemeanor, though law enforcement is exempt from these restrictions.
authorize the provision of telecommunications device location information to law enforcement agencies.
This bill allows law enforcement agencies to request the location of cell phones from wireless carriers during emergencies—either to help provide emergency services or when someone faces immediate risk of death or serious injury. A senior officer at the agency must approve each request, and carriers must provide the location information immediately. The bill also protects wireless carriers from lawsuits when they share this information in good faith.
grant the secretary of health certain authority during a public health emergency and to declare an emergency.
During a public health emergency, this bill gives South Dakota's Secretary of Health authority to take certain actions to protect public health without having to wait for the Legislature to approve each decision. The bill also establishes a process for declaring when a public health emergency exists so the Secretary can exercise these emergency powers.
authorize the possession of a concealed pistol by employees in county courthouses.
SB 169 allows county courthouse employees to carry concealed pistols while at work, changing current law that prohibited weapons in courthouses. The bill amends the existing statute governing courthouse security and weapons policies to create this exception for authorized employees.
increase the frequency of background investigations for certain state employees.
HB 1040 requires state executive branch employees who handle confidential tax information to undergo criminal background checks more frequently than before. Instead of getting rechecked every ten years, these employees will now be required to submit to background investigations every five years. This change applies to both new and current employees with access to Internal Revenue Service data and similar confidential information.
require a designation on a driver license for autism spectrum disorder under certain circumstances.
HB 1076 allows South Dakota to add an autism spectrum disorder designation to driver licenses for people who request it. This optional marking would help law enforcement and emergency responders quickly identify drivers with autism during traffic stops or accidents. The bill amends the state's driver license law to create this new voluntary designation option.
require all wind energy facilities to include an aircraft detection lighting system.
Wind energy facilities in South Dakota must now install aircraft detection lighting systems to improve aviation safety. This requirement modifies existing law governing wind energy development standards in the state.
authorize the possession of a concealed pistol by employees in county courthouses.
SB 51 allows county courthouse employees to carry concealed handguns while working in the courthouse. This change removes the current prohibition that prevents these employees from possessing firearms in that workplace setting.
extend the notification period for possession of a concealed pistol in the state capitol.
SB98 allows people with enhanced concealed pistol permits to bring concealed handguns into the South Dakota state capitol building (except the Supreme Court chamber and secure offices), as long as they notify the capitol superintendent at least 24 hours in advance. This creates a new exception to the state's general ban on carrying concealed weapons in the capitol, giving permit holders access that wasn't previously allowed.