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allow for a vacation home establishment and provide for municipal and county regulation thereof.
This bill prevents South Dakota cities and counties from banning vacation home rentals on residential properties. Cities and counties can still regulate vacation homes through rules about fire safety, health standards, traffic control, waste management, and requiring property owners to designate an emergency contact, but they cannot prohibit the practice outright.
permit a homeowner's association, development, or incorporated community to modify a restrictive covenant.
This bill allows homeowners in associations, developments, or incorporated communities to change restrictive covenants (rules about how properties can be used) even if the original documents don't include a modification process. Instead, a two-thirds vote of property owners can now approve changes to these covenants.
reduce the notice requirement period to terminate a tenancy at will.
This bill reduces the notice landlords must give tenants to end a month-to-month lease from one month to 15 days. The bill preserves an exception for tenants on active military duty or living with an immediate family member in military service, who still get two months' notice unless the tenant has caused serious problems or the landlord sold the property.
repeal a requirement for the filing of an annual report regarding prearranged funeral trust contracts.
HB1117 eliminates the requirement for funeral homes and other entities managing prearranged funeral trust contracts to file an annual report with the state. This removes a recurring paperwork burden on businesses that handle these prepaid funeral arrangements.
modify the time before which rural access infrastructure grant moneys must be expended or obligated.
SB188 extends the deadline for when rural areas must spend or commit grant money from the state's rural access infrastructure program. The bill modifies the existing time requirement in state law, giving recipients more time to use these funds for infrastructure projects in their communities.
provide for the payment of legal expenses originating from crime committed at a facility maintained by the Department of Corrections.
HB1039 changes how South Dakota pays for legal expenses when crimes occur at state Department of Corrections facilities, consolidating rules that were previously scattered across multiple sections of law. The bill repeals four outdated legal provisions and updates two others to establish a clearer process for covering these legal costs. This reorganizes existing law without fundamentally changing who pays or under what circumstances, but streamlines the procedure for handling such expenses.
permit the use of an online management and communication platform to be used by homeowners who are governed by a restrictive contract.
SB118 allows homeowners associations and other groups governed by restrictive covenants to use online platforms for managing communications and community business instead of requiring in-person meetings or traditional mail. The bill amends laws governing homeowners associations and adds new provisions to clarify how these digital platforms can be used while still protecting homeowners' rights to participate in decisions affecting their properties.
Affirming the value of grassland ecosystems and the importance of farmers and ranchers as managers.
This resolution affirms South Dakota's commitment to preserving grassland ecosystems and recognizes farmers and ranchers as important stewards of the land. It amends existing law related to grassland management and adds new provisions to state statute that emphasize the value of these natural areas and the role agricultural producers play in maintaining them. The resolution is largely symbolic, expressing the state legislature's support for grassland conservation and agricultural land stewardship.
require a zoning authority to determine that a well is an established well that has not been abandoned in making a permitting decision.
When local zoning authorities make permitting decisions that involve existing wells, they must first verify that the well is both established (has official records or documented recent use) and not abandoned (has been used for water in the past two years). Zoning authorities cannot deny a permit based on a well that is abandoned or never officially established. This creates a new requirement to distinguish between active, legitimate wells and defunct ones before making zoning decisions.
prohibit a homeowners' association from placing restrictions on firearms or firearm ammunition.
Homeowners' associations in South Dakota are now prohibited from creating or enforcing rules that restrict residents from owning firearms or ammunition. The bill removes several existing state laws that previously allowed HOAs to place such restrictions on their members. This change ensures that HOA rules cannot limit property owners' rights to keep and bear arms on their own property.
revise certain references to the Internal Revenue Code.
South Dakota is updating its tax laws to match current references to the federal Internal Revenue Code, which changes over time as Congress updates tax rules. The bill modifies how the state's tax code cross-references federal tax law and removes several outdated provisions that are no longer needed. This keeps South Dakota's tax system aligned with federal tax requirements without changing the overall tax rates or major tax policies.
prohibit a homeowners' association from placing certain restrictions on firearms or firearm ammunition.
Homeowners' associations in South Dakota will no longer be allowed to ban or restrict firearm ownership, storage, or transportation on their properties, nor can they prohibit specific lawful uses like self-defense, killing threatening wildlife, or euthanizing injured animals. This law prevents HOA rules from contradicting South Dakota's existing protections for firearms use in these particular situations.
revise certain provisions pertaining to municipal government.
HB1132 allows nonprofit organizations focused on history or education to create and govern special "historical or educational townsites" without meeting the normal population requirements that apply to regular municipalities. These townsites would be governed by the nonprofit's board of directors under its bylaws, and they could only receive public funding if it's specifically designated for tourism, education, or recreation purposes.