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2008 SUMMARY OF NEW STATE LAWS - SOUTH DAKOTA

South Dakota State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 1004

278

Workers' Compensation

Revises the style and form of certain provisions and to delete obsolete provisions regarding workers' compensation. Effective date: July 1, 2008.

HB 1013

269

State Regulation

Removes waiting periods for filings for property and casualty insurers; relates to required information. Effective date: July 1, 2008.

HB 1037

279

Workers' Compensation

Revises provisions regarding action on medical claims for workers' compensation; establishes a civil penalty for employer delays regarding these medical claims. Effective date: July 1, 2008.

HB 1038

162

Traffic Offenses

Revises certain provisions regarding accident reports and insurance premium increases involving the operators of emergency snow removal equipment; provides that no accident may be entered on the driving record of the operator if the accident resulted from a response to an emergency call of duty and the operator was in support of a law enforcement officer, firefighter or emergency medical technician; provides that the accident shall be recorded separately. Effective date: July 1, 2008.

HB 1129

104

Tort Reform

Establishes the Commission on Equal Access to Our Courts; imposes a fee to fund legal services for eligible persons. Effective date: July 1, 2008.

HB 1211

274

Farm Mutuals

Revises the audit requirements for farm mutual insurers; includes reinsurance policies. Effective date: July 1, 2008.

HB 1212

270

Group Insurance

Allows the marketing of group insurance for wireless telecommunications equipment by insurance companies; relates to the premium for insurance covering wireless telecommunications equipment. Effective date: July 1, 2008.

HB 1239

161

DUI

Permits persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing; declares an emergency; relates to proof of financial responsibility and attendance at employment, schools or counseling programs. Effective date: July 1, 2008.

HB 1241

148

Auto Titles

Provides licensed vehicle dealers additional time to deliver a vehicle title under certain conditions; authorizes the establishment of a transaction fee for certain online access to the title and registration system. Effective date: July 1, 2008.

HB 1255

147

Low-speed Vehicles

Provides for titling and registration of certain low-speed vehicles; relates to speed limits; requires any operator to hold a valid driver's license; requires dealers to be licensed. Effective date: July 1, 2008.

SB 11

175

Storage Tanks

Revises certain provisions regarding corrosion protection for tank piping systems and aboveground tanks containing flammable or combustible liquids and used in retail motor fuel dispensing operations; provides that any portion of a tank piping system that is in contact with the soil shall be protected from corrosion; provides that tanks may not exceed a certain capacity. Effective date: July 1, 2008.

SB 12

239

Commercial Auto

Updates certain provisions pertaining to motor carrier safety and transportation of hazardous materials; relates to interstate drivers, accident reporting, investigation, registration of cargo tank motor vehicles, registration of persons to transport hazardous materials, communication regulations, inspections and regulations relating to packaging, prohibited shipments, loading and unloading. Effective date: July 1, 2008.

SB 13

157

Teen Drivers

Revises provisions regarding the suspension of a minor's driving privileges; relates to an instruction permit, motorcycle instruction permit or motorcycle restricted permit; relates to a conviction for a traffic violation committed prior to the minor's sixteenth birthday. Effective date: July 1, 2008.

SB 15

152

Auto Title

Provides for provisions regarding an electronic vehicle certificate of title; relates to online cancellation of liens when the owner is relocating out of state. Effective date: July 1, 2008.

SB 30

171

Fire Safety

Revises the minimum fire safety standards for specialty resorts; relates to smoke detectors and portable fire extinguishers. Effective date: July 1, 2008.

SB 32

172

Fire Safety

Establishes a separate licensure category for vacation home establishments; requires vacation home establishments to meet minimum fire safety standards for homes rented or leased. Effective date: July 1, 2008.

SB 68

160

Motorcycles

Repeals certain provisions requiring mufflers on motorcycles. Effective date: July 1, 2008.

SB 80

15

Identity Theft

Restricts the release or use of Social Security numbers by the State and its political subdivisions unless certain security measures are taken. Effective date: July 1, 2008.

SB 83

103

Medical Malpractice

Repeals a medical malpractice limitation applicable to minors aged six or over. Effective date: July 1, 2008.

SB 97

224

Property Insurance

Requires the disclosure of outstanding debts in property condition disclosure statements. Effective date: July 1, 2008.

SB 158

271

Financial Regulation

Clarifies certain provisions regarding the supervision, rehabilitation, and liquidation of insurers; provides for covered claims and garnishment or levy of execution against a delinquent insurer or its assets. Effective date: July 1, 2008.

SB 177

227

Property Insurance

Provides for the disposal of abandoned tenant's property left on leased residential premises. Effective date: July 1, 2008.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.