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revise the authority of the Department of Health as it relates to counties and municipalities.

This bill clarifies that counties and municipalities cannot override or bypass the South Dakota Department of Health's authority over public health matters. The change removes language that gave municipalities broad power to act on health issues, replacing it with a more limited authority that must stay within the bounds of state health department rules.

provide flexibility for certain municipal budget provisions.

South Dakota cities can now delay their annual budget deadline until their first regular governing board meeting in November, instead of the current earlier deadline. If a city chooses this later deadline, it must pass an ordinance setting new deadlines for budget hearings and public notices, and the city finance officer must still certify tax levies to the county by October 1st.

authorize counties to issue off-sale liquor licenses.

South Dakota counties can now issue off-sale liquor licenses (for packaged alcohol sales like stores and gas stations) directly, rather than having this authority limited only to municipalities and improvement districts. The bill also sets limits on how many off-sale licenses counties can issue based on their population—up to three licenses for the first thousand residents and one additional license for every 1,500 residents thereafter (outside of incorporated towns).

revise provisions providing for the appointment of county coroners.

This bill changes how county coroners are selected in South Dakota by allowing county commissioners to appoint a coroner instead of requiring voters to elect one. The bill removes coroners from the statewide election laws that currently apply to sheriffs, auditors, and other county officials, giving counties the flexibility to decide whether to elect or appoint their coroner based on population thresholds.

revise the limitations on a municipality's power to take actions for the promotion of health or the suppression of disease.

This bill limits the power of South Dakota cities and towns to take health and disease-prevention measures by adding new restrictions—municipalities can no longer take actions that interfere with religious exercise, free speech, assembly, petition rights, activities in private homes or businesses, or gun rights. The bill essentially carves out broad exemptions from local health authority unless martial law has been declared. This significantly narrows municipalities' ability to implement public health measures like mask mandates or business closures during health emergencies.

revise the population requirement for appointment of coroners.

This bill lowers the population threshold that allows a county to appoint a coroner instead of electing one, from 75,000 residents down to 60,000 residents. Counties meeting this new lower population requirement can now adopt a resolution to appoint their coroner, subject to the same conditions that previously applied to larger counties.

establish criteria governing the sale of homemade food items.

This bill prevents counties, townships, and municipalities from passing local rules that would restrict, prohibit, or require licenses or fees for selling homemade food items. The bill applies state-level protections for home food production across all local government levels, meaning people can sell items like jams, baked goods, or other homemade foods without facing different restrictions depending on where they live in South Dakota.

authorize ranked-choice voting for certain local elections.

South Dakota cities may now adopt ranked-choice voting for their local elections if they choose to do so through a municipal ordinance. Under this system, voters rank candidates by preference, and if no candidate wins an outright majority on the first count, the candidate with the fewest votes is eliminated and those votes redistributed based on voters' next choices, repeating until someone achieves a majority. This gives municipalities the option to use ranked-choice voting instead of the current plurality voting system, but doesn't require them to do so.

revise certain provisions regarding the municipal zoning and appeals process.

HB 1094 clarifies the rules for how South Dakota cities handle conditional uses (special permissions for property uses that don't fit standard zoning rules) by requiring ordinances to specify the decision-making process, evaluation criteria, and which city authority approves each type of request. The bill also ensures that approval decisions must consider the city's comprehensive plan and zoning purpose, and requires an affirmative majority vote from the approving authority.

revise the process to vacate a part of certain highways.

This bill changes the requirements for vacating part of a highway by allowing property owners to petition directly instead of requiring voters to do so—specifically, at least two-thirds of property owners adjoining the highway section can now request vacation. The change streamlines the process for local situations where property owners are primarily affected, while keeping the existing voter-petition option available for other highway changes.

allow an expedited process for local intergovernmental legal disputes.

This bill creates a new faster legal process for disputes between local government agencies (like counties, cities, and special districts). When local governments sue each other, courts can now order them to use an expedited court process or try alternative dispute resolution instead of standard litigation, helping resolve disagreements more quickly.

authorize a local vote to prohibit the placement of video lottery machines in a municipality or county.

# HB1201 Summary This bill allows local communities to hold a vote on whether to ban video lottery machines within their municipality or county. If voters approve the prohibition, that city or county can block video lottery machine operations within their borders, even though they're otherwise legal statewide.

change the criteria for a petition to vacate a highway.

This bill changes who can petition to vacate a highway by replacing the old requirement of "two or more voters" with a new threshold based on county population—specifically, voters equal to at least one percent of ballots cast in the last gubernatorial election. The bill also clarifies that county commissioners can act on petitions signed by county-wide voters meeting this same percentage threshold, while township boards can still vacate highways with petitions from two-thirds of adjacent landowners.

revise the qualifications to serve as a trustee of a county road district.

This bill changes the qualifications for who can serve as a trustee on a county road district board. For larger districts with 100 or more eligible voters, trustees must now be residents of the district, while smaller districts with fewer than 100 eligible voters can elect either residents or landowners who own property within the district as trustees.

authorize certain flags and flagpoles to be located on residential property regardless of any private covenants, restrictions, bylaws, rules, or requirements.

SB81 allows homeowners to display certain flags and flagpoles on their residential property even if their neighborhood's covenants, restrictions, or homeowners association rules prohibit them. This overrides private agreements that would otherwise prevent such displays on residential land.

revise requirements relating to the publication of milk regulation ordinances.

This bill streamlines how counties and cities publish milk regulation ordinances by allowing them to post a notice of adoption instead of printing the full ordinance in a newspaper. The change applies to ordinances that adopt milk regulations from established national organizations, treating them the same way as building codes and other standard regulations already covered under this rule.

revise provisions for public meetings held by teleconference.

This bill updates South Dakota's public meeting laws to accommodate teleconference meetings by requiring that meeting notices include instructions on how to join if all members are participating remotely. It also requires political subdivisions to provide at least one physical location where the public can listen to and participate in teleconference meetings.

authorize certain municipalities to offer limited incentives for industrial development.

Second- and third-class municipalities in South Dakota can now offer rebates on municipal property taxes to industries that help achieve the city's industrial development goals. Each municipality must create an ordinance spelling out which types of industries qualify, how long the tax break lasts, and what requirements companies must meet to participate.

provide procedures to enforce the United States Constitution.

South Dakota creates a new Joint Legislative Committee on Constitutional Enforcement to review federal laws, regulations, executive orders, and court decisions to determine whether they exceed the powers the U.S. Constitution actually grants to the federal government. The committee will assess whether federal actions violate the Constitution's limits on federal power or infringe on state sovereignty. This is a new process for the state legislature to formally challenge federal actions it deems unconstitutional.

modify the meeting place and notice requirements for county commission meetings.

County commissions can now hold meetings at any suitable location in the county instead of being limited to the courthouse or usual court location. The bill also allows county commissioners to be notified of special meetings by phone or email in addition to mail, and permits emergency meetings to be called with just one day's notice by phone instead of three days' notice by mail.

add nonvoting legislative members to the South Dakota Ellsworth Development Authority.

HB 1059 adds nonvoting legislative members to the South Dakota Ellsworth Development Authority board. This allows state legislators to participate in the authority's discussions and decisions without having voting power on board actions.

revise the qualifications of Game, Fish and Parks commissioners.

This bill changes the qualifications for Game, Fish and Parks commissioners by requiring at least four commissioners to be farmers deriving at least two-thirds of their income from agriculture, and adds a new geographic requirement that three commissioners must live west of the Missouri River and five must live east of it. The bill also removes language about political party rotation in favor of a simpler rule that no more than four commissioners can belong to the same political party.

establish requirements for public meeting notices and materials.

This bill updates South Dakota's requirements for how political subdivisions (like cities and counties) must announce public meetings. Going forward, notices must be posted at the subdivision's office and website simultaneously, must be visible and accessible for at least 24 hours before the meeting, and must include the proposed agenda and any required materials. For special or rescheduled meetings, the subdivision must also notify local news media who have requested notice.

revise provisions regarding the issuance of state park camping permits.

This bill requires the Department of Game, Fish and Parks to give South Dakota residents twice as much time as nonresidents to book camping permits at state parks. The change ensures residents have a competitive advantage when permits become available for reservation.

restrict the entry of conservation officers onto certain private land without permission.

This bill requires conservation officers to get permission from landowners before entering private property, except in specific situations like investigating suspected wildlife violations, handling injured animals, or responding to emergencies. Evidence collected or arrests made during unauthorized trespassing on private land would be thrown out in court. The change protects landowners' property rights while preserving officers' ability to enforce wildlife laws when circumstances justify warrantless entry.

establish a fund to assist counties with paying certain expenditures.

This bill creates a new "county capital improvement fund" within the state treasury to help counties pay for acquiring and constructing capital projects. Revenue from certain state taxes will be deposited into this fund monthly to provide counties with financial assistance for these expenditures. The bill modifies how tax collection funds are managed to enable these deposits to the new county assistance fund.

make an appropriation for the purpose of funding county and township roads and bridges and to declare an emergency.

HB 1237 appropriates state funding specifically for county and township roads and bridges. The bill declares an emergency to allow these funds to be distributed and used immediately rather than waiting for the normal budget process. This amendment to existing law increases available resources for local road and bridge maintenance and repairs across South Dakota.

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota regarding appointments to fill legislative vacancies.

This is a proposed constitutional amendment that South Dakota voters would decide on at the next general election. The amendment changes how the state fills vacant legislative seats—specifically, it would alter the current process for appointing someone to complete a legislator's term when that seat becomes empty. The exact details of what the new appointment process would be aren't fully shown in this excerpt, but the measure asks voters to approve this change to the state constitution.

add nonvoting legislative members to the South Dakota Ellsworth Development Authority.

SB 172 adds nonvoting legislative members to the South Dakota Ellsworth Development Authority board. This allows lawmakers to participate in the authority's discussions and decisions without being able to vote on them.

authorize, regulate, and tax wagering on sporting events within the city limits of Deadwood and provide a penalty for a violation thereof.

SB 44 allows sports wagering to operate within Deadwood's city limits, creating a regulated betting system for sporting events in that location. The bill establishes rules for how this wagering will be conducted and taxed, while also setting penalties for anyone who violates these new regulations.

provide for the appointment of members of the Senate and House of Representatives to the South Dakota Capitol Complex Restoration and Beautification Commission.

HB1105 allows the South Dakota Legislature to appoint members from both the Senate and House of Representatives to serve on the Capitol Complex Restoration and Beautification Commission. This gives lawmakers direct input into decisions about renovating and improving the state capitol building and its grounds.

revise certain references to the International Building Code.

South Dakota cities and counties that adopt building codes must now use the 2021 edition of the International Building Code instead of the 2018 edition when setting construction standards. The bill updates two sections of state law that reference building code requirements, ensuring local governments follow the more recent national building standards.

Urging priority to be given to in-state advertising agencies over out-of-state agencies for state issued requests for proposals.

This resolution urges South Dakota state government to prioritize in-state advertising agencies when issuing requests for proposals, rather than automatically considering out-of-state firms equally. The resolution is non-binding and does not change existing law, but instead calls on state agencies to give preference to local advertisers in their bidding processes.

establish a website for the posting of notices for certain local governments.

This bill requires South Dakota's Bureau of Administration to create a searchable website where municipalities, counties, and school districts must post their meeting agendas, approved minutes, and any audio or video recordings. Local governments must post this information on the new website while continuing to follow all existing notice requirements under current law, with the same deadlines that apply to other posting methods.