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South Dakota Municipal League

New Laws Effective July 1, 2016
Tuesday, May 31, 2016

Below are measures which may have some impact on municipal operations. Unless otherwise noted, these new laws become effective July 1, 2016. 

SB 73, provisions regarding open meetings
Says an official meeting is any meeting of a quorum of a public body at which official business is discussed or decided, regardless of the means of communication (teleconference, in person, by text, e-mail, etc.). 

SB 90, ensure members of the public are able to access and record public meetings
No public entity may prevent a person from recording, through audio or video technology, a public meeting that is open to the public as long as the recording is reasonable, obvious, and not disruptive. 

HB 1218, notice procedures for any revision of municipal ordinances
Amendments presented and approved by the governing body at the second reading of an ordinance which substantially alter the substance of the ordinance from the first reading may not be considered for final adoption until at least 5 days after a duly noticed public meeting. 

HB 1091, dealing with transportation network companies
Establishes insurance requirements for companies such as Uber and Lyft, and exempts vehicles used for those services from commercial license plate requirements. 

HB 1092, revise local permits for sale and consumption of alcoholic beverages on property abutting licensed establishments
Previously only for establishments that sold food, municipalities may now allow the sale and consumption of alcoholic beverages on sidewalks abutting any licensed premises.

HB 1119, incorporation of a new municipality
Makes laws regarding requirements to incorporate a new municipality even clearer. 

HB 1210, alcoholic beverage licenses for municipal auditoriums and convention halls
Allows an on-sale license to a municipal auditorium (operated under §9-52) or public convention hall (operated under §9-53). These are limited licenses, only allowed for activities and events, and only for one hour before and after the event, but had previously been limited to cities over 35,000 population. They are now available for these facilities in cities of any size. 

SB 13, new retirement benefit structure for certain public employees under the SD Retirement System
Makes changes to benefit system for employees hired after June 30, 2017. Current employees are not affected. 

SB 27, revise personnel requirements for ambulance services and repeal the hardship exemption
Sets the minimum staffing requirement for each ambulance run at one EMT and one driver, with rules to be established on requirements for the driver. Repeals hardship exemptions, as they will no longer be necessary. 

HB 1056, revise provisions relating to the veterans’ preference in employment
Says an applicant who is a veteran (as defined in law) and who meets the minimum requirements of the position opening, must be given an interview. 

SB 118, exempt certain equipment purchases from bid requirements
To the list of things exempt from bidding, adds, “For political subdivisions, any purchase of equipment involving the expenditure of less than fifty thousand dollars.” 

HB 1089, revise provisions for accumulation of funds for certain municipal enterprises
Removes statutory caps on water, sewer, and capital outlay funds and allows those caps to be set locally. 

HB 1102, allow for additional time to review certain competitive sealed bids
Allows up to 45 days for review of bids for supplies (the definition of which includes equipment); the invitation to bid must include the length of time between the bid opening and award of bid. 

HB 1108, revise certain municipal special assessment provisions and provide for exclusion of territory from municipalities
In addition to some clean-up language, allows the city council, with a 2/3 vote, to override a protest petition on special assessments; and allows the city council, with a 2/3 vote, to exclude territory from municipal limits. 

HB 1103, revise provisions for qualification for municipal office
Clarifies that municipal officials qualify for office within ten days after the first meeting of the month following their appointment or election. 

SB 65, revise the procedure for a municipal recall petition
Clarifies that the finance officer may only review petition signature, if challenged, but that any interested person may challenge the filing of a recall petition or the sufficiency of the specific statement of the grounds of a recall petition, through an expedited circuit court hearing, with no jury trial. 

SB 74, allow members of the governing body who are displaced by a natural disaster to continue their term of office.
Says a member of the governing body can complete their term even if removed from their district by flood, tornado, fire, or other natural disaster. 

For the full version of the bills visit the South Dakota Legislature’s website at

208 Island Drive - Ft. Pierre, SD 57532 - 605.224.8654