New laws in South Dakota

KELOLAND.com Original
KELO Pierre Capitol building legislature

This article has been revised to reflect the following: SB 113 is being suspended by an executive order from South Dakota Governor Kristi Noem. The bill changes statutes related to minor driver’s permits and would have gone into effect on July 1.

SIOUX FALLS, S.D. (KELO) — South Dakota Governor Kristi Noem signed dozens of bills for the 2020 Session. We’ve compiled some new laws that will go into effect July 1 of this year.

HB 1005

This bill states that without a proper patient provider relationship, a healthcare professional cannot prescribe you a controlled drug or substance by use of telehealth.

HB 1063

To sell and distribute tobacco to someone under the age of 21 will be illegal. The bill also states you cannot sell tobacco products through a vending machine located in a place other than one that is open to the public but to which persons under the age of 21 are denied access at all times.

It is also illegal for anyone under the age of 21 to consume tobacco products. This aligns South Dakota with federal law.

HB 1069

This new law will allow some veterans to go to post-secondary education for undergraduate degrees without paying tuition.

A veteran who qualifies will not be covered for more than four years of schooling.

HB 1074

1074 outlines the process from the report of rape or sexual assault to the preservation of the sexual
assault kit.

Health care facilities treating someone for rape or sexual assault must give the person an option to report the rape to law enforcement. The kit will then be preserved for at least seven years from the day the person was examined or treatment or until the victim is 25 years old, whichever is later.

The health care facility will also have to assign a code number to each sexual assault kit.

HB 1077

Driving through a funeral procession will be illegal starting July. It will also be illegal to join the procession to have the right of way. House Bill 1077 makes it a Class 2 misdemeanor if you do either of those things, and it outlines what to do if you are in the procession.

This was one of the many proposed bills KELOLAND covered:

HB 1095

A hunter mentoring program allows children under 16 to hunt without a license, but there are some stipulations. The bill also states:

Under this program, there may not be more than six people in the party of the child who is being mentored, and there may not be more than one mentored child at a time.

HB 1097

You must have your marriage solemnized within 90 days otherwise your license will be voided with this new law.

HB 1103

According to this new bill, a 16 year old may consent to a medical examination without their parent or guardian present. However, the health official must take steps to let the parent or guardian know that an examination did take place.

HB 1169

This new law will make using a mobile device a Class 2 misdemeanor, unless you are contacting emergency services. You also can use your GPS on your mobile device, but not enter in your destination while driving. Hands-free operation is encouraged and you are allowed to activate and deactivate that on your phone while driving.

You cannot use social media while driving.

HB 1175

House Bill 1175 defines dyslexia.

SB 54

No cities or counties may create any law restricting the use of auxiliary containers, beverage containers, garbage bags, straws or plastic packaging materials. The state of South Dakota will be the only entity allowed to create a law regarding those items, according to this new Senate Bill.

SB 150

“It is a Class 2 misdemeanor for a nonresident to hunt, take, or kill migratory waterfowl without a nonresident waterfowl license or a temporary nonresident waterfowl license, a migratory bird certification permit, and a federal migratory bird stamp, or in violation of the conditions of the licenses or the rules of the Game, Fish and Parks Commission,” an online report of this bill states.

SB 164

Senate Bill 164 says when approaching any stopped authorized emergency vehicle making use of red visual signals, the driver of every other vehicle shall come to a complete stop before reaching the stopped emergency vehicle. After coming to a complete stop they may, unless otherwise directed, proceed with caution only after ascertaining that it is safe to do so.

SB 176

An innocent property owner can apply for the return of the property 30 days after it was seized, since Senate Bill 176 passed. It also states, if the prosecutor couldn’t show that holding it was essential to the case, the court may release it to the owner.

If you would like the full list of bills, click here.

Copyright 2020 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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