The Laws - They Are A Changin'

If you’re a South Dakota resident, to paraphrase Bob Dylan, “the times, (and the laws) are a-changin’.”

Unless otherwise addressed in State Law, measures passed during the previous legislative session take effect during July 1st of the year they’re passed. While legislators may introduce hundreds of bills a year, only a few make it through the process. Nearly 200 bills made it through the process to be signed by the Governor, and now have the force of law behind them.

What’s new for South Dakotans starting this month? Several health and safety measures, as well as quality of life improvements for our state’s residents.

• South Dakota now has a statewide, $100, petty offense, secondary action texting ban that will operate with local ordinances like all other traffic laws.

• There are liquor licenses that allow people to serve and consume alcohol in vehicles. The legislature allowed some local control on that license, so now, especially for small vehicles like taxi cabs, or pedal pubs, municipalities will be able to say how they operate in the city, and in what areas.

• A bill passed that added public libraries to the list of places a sex offender cannot loiter.

• Traveling carnival rides will now need to have a certificate of insurance and proof that they’ve been inspected within the year.

• Ordinances that ban dogs by breed are now outlawed – but cities can pass any form of regulation that applies to all dogs.

• A new measure now gives a presumption that divorced parents have equal time with their children if they’re both considered fit. If a judge does not allow it, they now have to give reasons why.

• And it’s now illegal in South Dakota to sell e-cigarettes to minors. Oddly enough, Before July 1 “vaping shops” could legally sell the products to minors in South Dakota through a loophole in the law. But with the new law enacted, it is now fully illegal again ­for minors to smoke.

• And finally, South Dakota now requires that the pledge of allegiance to the flag of the United States be recited at the start of each school day in every public school classroom.

For a full list of newly effective legislative measures, visit the South Dakota Legislative Research Council’s website here.

To receive additional information regarding South Dakota laws, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.