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revise the requirement for written findings of fact and conclusions in certain judicial proceedings involving a child.
HB 1068 changes the rules for when judges must write down their findings of fact and conclusions in court cases involving children. The bill revises these written documentation requirements, though the specific details of what gets added, removed, or changed are not fully shown in this excerpt. This affects how judges handle child-related legal proceedings like custody, abuse, or neglect cases.
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.
revise certain provisions related to competency hearings.
SB 173 changes the legal standard for deciding whether defendants found incompetent to stand trial should continue receiving treatment to restore their competency. Instead of requiring courts to find a "substantial probability" a defendant will become competent within a year, the bill uses the slightly lower standard of "reasonable likelihood" that competency will be restored. This makes it somewhat easier for courts to order continued restoration treatment rather than dismissing charges against defendants deemed unlikely to regain competency.
authorize the recovery of costs for defending certain initiated amendments in court.
HB 1062 allows South Dakota to recover legal costs when the state defends voter-approved ballot measures (initiated amendments) that are challenged in court. The bill reorganizes and updates the laws governing ballot measures and court proceedings related to them, removing some outdated sections while clarifying when the state can seek reimbursement for its legal defense expenses.
revise certain provisions regarding the Unified Judicial System.
HB 1070 updates how South Dakota defines key terms used in its court system, including clarifying what counts as a "magistrate" under state law. The bill also confirms the powers of presiding judges appointed by the Chief Justice to oversee circuit courts and court staff across their judicial districts.
correct incorrect cross-references dealing with crimes and criminal procedures.
HB1071 fixes incorrect references to crime and criminal procedure laws in South Dakota's legal code. These cross-reference corrections ensure that provisions referring to other statutes point to the right laws so courts and legal professionals can accurately find and apply the correct rules.
provide a rebuttable presumption in favor of joint physical custody of a minor child.
This bill changes South Dakota's custody law to presume that equal or nearly equal time with each parent is in a child's best interest when parents dispute custody—unless the court finds substantial evidence to the contrary based on specific factors like abuse or domestic violence. The bill still allows courts to override this presumption if one parent has a conviction for domestic abuse or assault, which creates a counter-presumption against joint custody in those cases. Essentially, courts must now start from the position that shared custody is best, rather than deciding custody on a case-by-case basis without this presumption.
revise certain provisions related to the training curricula required of a person appointed as a guardian or a conservator.
HB 1261 updates the training requirements that people must complete before being appointed as a guardian or conservator in South Dakota. The bill revises what topics and skills these guardians and conservators need to learn in their required training courses.
revise the time requirement for the automatic removal of speeding violations from a background check record.
This bill speeds up when speeding violations disappear from a person's public background check record. Instead of waiting the standard ten years, speeding violations (whether charged as municipal ordinance violations or Class 2 misdemeanors) will be automatically removed after just two years, as long as the person completed all court-ordered requirements.
revise provisions related to the automatic removal of certain charges or convictions from a defendant's public record.
South Dakota currently allows automatic removal of minor criminal charges and convictions from public records after ten years, but this bill speeds up that process by reducing the waiting period to three years for petty offenses, municipal violations, and Class 2 misdemeanors. Class 1 misdemeanors still require the standard ten-year waiting period. The case records remain available to courts and law enforcement for prosecuting future crimes, even after public removal.
identify Water Management Board officers, authorize appointment of a prehearing officer, and define the duties of the prehearing officer.
HB 1027 clarifies that the Water Management Board's officers are a chair, vice chair, and secretary, and allows the board to appoint one of its members as a prehearing officer to handle preliminary matters like motions, scheduling, and subpoenas. The bill also creates a process where parties can appeal the prehearing officer's decisions to the full board within ten days.
revise a statutory cross reference in the written waiver of right to a parole hearing or appearance.
SB13 updates an outdated reference in the law that allows inmates to waive their right to appear at a parole hearing. The bill corrects a cross-reference to another statute so that the waiver document points to the correct current law instead of an outdated or repealed provision.
permit a government agency to qualify as a victim for purposes of restitution in criminal cases.
SB 7 allows government agencies to be recognized as victims in criminal cases and receive restitution from offenders, rather than limiting restitution only to individual people. This expands who can be compensated when a crime causes financial harm, so that agencies harmed by crimes like theft of public property can recover their losses directly through the criminal justice system.
modify certain provisions related to trusts.
SB 78 makes sweeping changes to South Dakota's trust laws by amending multiple sections governing how trusts are created, managed, and enforced, while eliminating several outdated trust-related statutes entirely. The bill substantially expands and modernizes rules for trust administration, beneficiary protections, and trust modifications, particularly through significant additions to the law governing trust duties and procedures. These changes update South Dakota's trust framework to reflect current legal practices and provide clearer guidance for trustees, beneficiaries, and courts handling trust matters.
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.
provide definitions regarding the crime of rape.
South Dakota law now specifically defines rape into four categories based on the victim's age and the circumstances of the crime, with penalties ranging from Class C felonies (most serious) to Class 3 felonies. The law eliminates the statute of limitations for the two most serious forms of rape—those involving victims under 13 or involving force and coercion—meaning these cases can be prosecuted at any time. This clarifies and reorganizes South Dakota's rape statutes to establish clear legal definitions and consequences for different rape scenarios.
modify identification requirements for a marriage license and to provide certain provisions for a name change.
This bill updates what documents people can use to prove their identity when applying for a marriage license—accepting passports, government photo IDs, birth certificates paired with school or work IDs, or a specific Treasury form, instead of just birth certificates or photo IDs. It also clarifies that people can use marriage to legally change their surname to their spouse's last name or a hyphenated combination, but they cannot change their first or middle names or choose an unrelated surname through this process.
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.
revise and establish certain provisions related to drug crimes and enforcement and create a penalty therefor.
SB 189 revises South Dakota's drug crime laws by updating definitions related to controlled substances, drug delivery, and distribution to clarify what counts as drug offenses. The bill repeals an existing law section (§7-8-16) and modifies the definitions chapter to include language about drugs in their "altered state" when absorbed into the human body, expanding what substances fall under drug crime penalties. These changes establish clearer standards for prosecuting drug-related crimes across the state.
modify certain requirements concerning the printing of ballots.
HB1124 clarifies the timing requirements for when county auditors must print ballots, specifying that sample and official ballots cannot be printed earlier than 60 days before an election and must be in the auditor's possession no later than 48 days before the election. The bill also requires that candidate names appear on ballots exactly as they were listed in the candidate's declaration of candidacy or nominating petition.
require the sorting of absentee ballots.
This bill changes absentee ballot handling by requiring county auditors to sort and process absentee ballots before polls close on election day, rather than making it optional. The sorting, opening, and stamping of ballots becomes mandatory, though results still cannot be counted or displayed until after polls close. A separate section repeals an outdated statute related to ballot procedures.