Search Bills

adopt the 2021 edition of the Uniform Plumbing Code, and allow for selective adoption of provisions within the Uniform Plumbing Code by municipalities.

South Dakota would adopt the 2021 edition of the Uniform Plumbing Code, which sets standards for how plumbing systems must be installed and maintained. The bill also allows individual cities and towns to pick and choose which specific provisions of the code they want to follow, rather than requiring them to adopt all of it. This gives municipalities more flexibility in applying plumbing standards to their local needs.

permit certain municipalities to elect aldermen at large.

Small towns in South Dakota with fewer than 2,000 residents can now choose to elect their city council members at-large (citywide) instead of by individual wards, if voters approve the change by majority vote. Towns can later switch back to the ward system using the same voting process, subject to a waiting period. This gives smaller municipalities flexibility in how they structure their local elections.

provide for the regulation of motorized foot scooters and to declare an emergency.

This bill allows South Dakota cities and towns to create their own local rules that permit motorized foot scooters on streets, bike paths, and multi-use paths within their boundaries. The bill also updates the definition of what counts as a "motorized foot scooter" to clarify it has wheels no larger than twelve inches and a maximum speed of fifteen miles per hour, while excluding electric bicycles from this definition.

allow a local government to prevent a medical cannabis establishment from operating in its jurisdiction.

This bill allows cities and counties to ban medical cannabis businesses entirely from operating within their borders, reversing a previous state law that prohibited local governments from blocking dispensaries. Existing medical cannabis establishments operating before a local ban takes effect can continue operating until their registration certificates expire. The bill also clarifies that local governments can set rules about where, when, and how many cannabis businesses can operate in their area.

revise the requirement for approval from certain private campground owners for the construction or expansion of municipal campground and municipal tourist facilities.

South Dakota municipalities can now build or expand public campgrounds and tourist facilities near existing private campgrounds if they get written approval from at least two-thirds of the private campground owners in the area, rather than needing approval from all owners. This change makes it easier for cities and towns to develop public camping facilities by lowering the approval threshold from unanimous to a supermajority vote among nearby private campground operators.

revise provisions regarding municipal zoning of medical cannabis establishments.

South Dakota municipalities can now create new zoning rules for where medical cannabis businesses can operate, including the ability to keep them away from sensitive locations like schools, churches, daycare centers, and parks. Cities can also set minimum distances between cannabis establishments and establish reasonable setbacks from these protected areas. This gives local governments more control over medical cannabis operations within their jurisdictions.

make an appropriation to the Board of Regents to renovate the science laboratories in the Churchill-Haines Building at the University of South Dakota.

SB 96 directs state money to the Board of Regents specifically to renovate the science laboratories inside the Churchill-Haines Building at the University of South Dakota. This is a one-time funding appropriation to improve those lab facilities.

revise provisions regarding weed removal along highways.

South Dakota landowners who own property next to township roads must now cut weeds and brush in the road's right-of-way between September 1 and October 1 each year, or on dates set by local supervisors—changing the requirement from being discretionary to mandatory. If a landowner fails to do so, the township board can hire someone to remove the vegetation and bill the landowner for the cost. Violating this requirement is a petty offense.

revise provisions regarding sanitary improvement districts.

HB1219 makes it easier to create sanitary improvement districts by removing the requirement that a district must have at least 30 residents and 10 registered voter landowners. The bill also allows districts to be incorporated without a public election if the applicants own all the land in the proposed district, rather than always requiring voter approval.

modify certain provisions regarding municipal campgrounds.

This bill modifies rules about when municipalities can build or expand public campgrounds. Under the new law, cities can now proceed with campground projects near existing private campgrounds if they get written approval from the private campground owner, whereas previously they could only build if no private campground existed within 15 miles. The bill also exempts municipalities that lease state campgrounds (existing before 2017) or have continuously operated municipal campgrounds since 1980 from needing private owner approval.

revise percentages regarding certain municipal proceeds of gaming revenues.

This bill redistributes gaming revenue from Deadwood casinos after the city receives its $6.8 million annual payment. The state general fund increases from 70% to 40% of remaining revenue, while Deadwood's historic preservation fund increases from 10% to 40%, with other Lawrence County municipalities and school districts each keeping their 10% shares.

revise percentages regarding certain municipal proceeds of gaming revenues.

This bill changes how gaming revenue from Deadwood casinos is divided among the state and local recipients once the City of Deadwood receives its annual payment of $6.8 million. Instead of the state getting 70% of remaining funds, it will receive 40%, while Deadwood's historic preservation fund share increases from 10% to 40%, with municipalities and schools in Lawrence County continuing to split the remaining 20%.

require legislative approval for the acquisition, construction, or expansion of certain campgrounds.

SB 193 requires the South Dakota Legislature to approve any new acquisition, construction, or expansion of state-owned campgrounds before they can proceed. This change gives lawmakers a say in how the state's campground resources are developed and funded, rather than allowing agencies to make these decisions on their own.

revise certain provisions regarding local building codes.

South Dakota cities and counties can now adopt building codes for homes and townhouses up to three stories tall, but only by using the 2018 International Residential Code as their base standard. Local governments cannot require sprinkler systems in homes or impose building rules stricter than what's in that model code or existing state law. This gives municipalities a consistent code to follow while preventing them from adding extra safety requirements beyond the statewide baseline.

authorize counties to issue bonds for certain expenditures funded by a gross receipts tax.

Counties can now issue bonds to pay for specific building projects and infrastructure by using money from a local gross receipts tax they've already imposed. The bonds can only be used for courthouses, jails, public safety centers, drug treatment facilities, county maintenance buildings, or roads and bridges, and the county must promise to keep collecting the tax as long as the bonds are outstanding to pay them back.

revise provisions related to the location of courtroom facilities.

County commissioners can now provide courtroom facilities for circuit judges at locations other than the county seat, as long as the judge lives in that county. This allows courts to operate in places where judges reside rather than requiring all proceedings to happen at the traditional county seat location.

revise a notice requirement for a hearing on the comprehensive plan in a joint jurisdictional area.

This bill removes the requirement that county commissioners must mail notice of comprehensive plan hearings to property owners in a joint city-county planning area. Cities and counties will still need to publish notice in a legal newspaper at least ten days before the hearing, but the mailing requirement is eliminated.

establish the fundamental right of a parent.

This bill establishes in state law that parents have a fundamental right to make decisions about their child's upbringing, education, and care. It prohibits state agencies, local governments, and their officials from interfering with or limiting that parental right. The change creates a new legal protection for parental decision-making authority in South Dakota.

establish a fund to assist counties with paying infrastructure expenditures and to declare an emergency.

This bill creates a new fund to help counties pay for infrastructure projects by redirecting a portion of state sales tax revenue to counties based on their population size. The bill modifies the existing sales and use tax collection fund to allow money to flow to counties monthly rather than returning all unused funds to the general fund at year's end. Counties with larger populations receive a smaller share of the distributed revenue, while smaller counties receive a proportionally larger share.

revise the disposal fee for large-scale solid waste disposal facilities operated by political subdivisions.

South Dakota currently exempts solid waste disposal facilities owned or operated by political subdivisions (like counties or municipalities) from paying a $3-per-ton disposal fee that applies to large-scale facilities. This bill removes that exemption, requiring political subdivisions to pay the same $3-per-ton fee on waste disposed at their large-scale facilities. The revenue from these fees goes to the state treasury.

provide for the referral of certain resolutions adopted by the board of a school district.

School district voters can now force a public vote on certain school board resolutions by filing a petition signed by five percent of voters who participated in the last general election, as long as the resolution involves health or safety requirements or limitations for students or employees. The petition must be filed within 60 days of the board's adoption of the resolution and include the full text and dates, and if valid, the school district must hold a referral vote at the next regular school election with advance notice published in the local newspaper.

require legislative approval for the acquisition, sale, or exchange of real property by the Department of Game, Fish and Parks.

# HB 1235 Summary The Department of Game, Fish and Parks will need to get approval from the legislature before it can buy, sell, or trade any real property. This change gives lawmakers direct oversight over how the department manages its land and building assets instead of allowing the department to make these decisions on its own.

permit municipalities to contribute more to the cost of insurance provided to certain officers or retired employees.

HB 1286 allows South Dakota municipalities to pay a larger share of health insurance premiums for their police officers, firefighters, and retired employees than they currently can under state law. This gives cities and towns more flexibility in how much they contribute toward employee and retiree insurance costs. The change removes or raises the cap on municipal insurance contributions for these specific groups of workers.

allow persons moving from certain municipal zones to retain property assessments from original homes.

South Dakota municipalities can now establish special zones where homeowners who have lived in their house for at least five years can transfer their property's assessed value to a newly built home they move to outside that zone. This allows homeowners to avoid higher property tax assessments when building new homes, as long as they sell their original home to a non-family member and move outside the designated municipal zone. The transfer is optional for municipalities to allow through a local resolution.

proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, establishing the commissioner of agriculture and natural resources as an elected constitutional officer.

This proposal asks South Dakota voters to amend the state constitution to make the commissioner of agriculture and natural resources an elected position rather than an appointed one. Currently, the governor appoints this official, but if voters approve this amendment, South Dakota citizens would elect this commissioner directly in general elections.

clarify provisions related to filing a petition to refer an ordinance or resolution.

This bill clarifies the rules for county residents who want to challenge an ordinance or resolution through a petition process. It specifies that petitions must be filed with the county auditor within 20 days after the ordinance or resolution is published in the official county newspaper, and that filing such a petition forces the measure to go to a public vote for approval or rejection.

revise certain provisions regarding census estimates for the purposes of off-sale and on-sale liquor licenses.

South Dakota cities currently use the most recent federal census data to determine how many liquor licenses they can issue, but this bill changes how they calculate population for that purpose. Going forward, cities must use 90 percent of the U.S. Census Bureau's annual population estimates for even-numbered years (rather than the full estimate), and only use the actual decennial census count every ten years. This adjustment effectively lowers the population figures used to calculate license limits, which could allow some cities to issue fewer licenses or maintain existing license counts even if their official population has grown.

index a certain level of municipal proceeds regarding the disbursements from the Gaming Commission fund to an inflation index.

SB205 links the payments that municipalities receive from the Gaming Commission fund to inflation, so the amount they get automatically increases when prices rise instead of staying at a fixed level. This change amends the existing law that governs how those Gaming Commission funds are distributed to cities and towns across South Dakota.

make an appropriation to provide a grant for the infrastructure and construction of a new justice center in Lincoln County and to declare an emergency.

HB1132 provides a state grant to pay for building and infrastructure costs for a new justice center (courthouse) in Lincoln County. The bill declares this spending an emergency, allowing it to take effect immediately rather than waiting for the standard effective date.

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

This bill expands the Capitol Complex Restoration and Beautification Commission by adding four legislative members—two state senators and two state representatives—who will be appointed by their respective chamber leaders for two-year terms. The new members must come from different political parties to ensure balanced representation. The commission previously had only eight members (the Pierre mayor and seven governor-appointed members), and now will have twelve.

expand the duty of public road repair and maintenance.

This bill makes local governments legally responsible for injuries or damage caused by dangerous or broken storm drain grates and road inlets that their bicyclists' tires can get caught in. Cities and counties must now remove or replace these hazards, or they can be sued for any resulting injuries or bike damage. The law applies retroactively, meaning it covers incidents that happened before the bill was signed into law.

clarify certain public meeting requirements.

HB1255 clarifies South Dakota's public meeting rules by adding definitions for "public comment" (information presented by the public through various methods) and updating the definition of "official meeting" to explicitly include teleconference meetings conducted by audio, video, or electronic means. The bill also requires that public bodies cite a specific law when closing a meeting to the public, rather than closing meetings without justification.

authorize the Department of the Military to purchase certain real property in Chamberlain and to declare an emergency.

The Department of the Military is authorized to purchase real property in Chamberlain under this bill. The legislation also declares an emergency to expedite this land acquisition process.

provide public access to abandoned cemeteries.

South Dakota residents now have a legal right to visit and maintain abandoned cemeteries on private land, as long as the land owner agrees and the access is reasonable. The cemetery must have documented burials and haven't been used or maintained for at least five years to qualify as "abandoned." County sheriffs will enforce this new right to visit ancestral burial grounds.

place limitations on the enforcement of federal laws and orders related to firearms, accessories, and ammunition.

South Dakota would prohibit state agencies, local governments, and their officials from helping enforce federal gun laws that are stricter than South Dakota's own laws. State and local employees who violate this ban could face civil penalties up to $1,000 for a first offense and criminal charges for repeat violations.