new laws taking Effect July 1

Be Aware of New Laws Taking Effect July 1

yVonnEtaylor | SDml ExEcutiVEDirEctor

Below are some of the most relevant bills for municipalities to be aware of following the 2022 legislative session. it was a great year for infrastructure!

SB 62 – allocates $600 million of the State’s arPa funding into the SrF funds in Department of agriculture and natural resources. many of you have already applied – to participate in this money, you’ll need to get your project on the State Water Plan.

HB 1033 – allocates $150 million of state general funds and $50 million of state arPa funds to the Housing opportunity Fund within the SD Housing authority. the money is to build infrastructure for housing, with $100 million (including the $50 million arPa funds) for grants, and $100 million for revolving loans. cities under 50,000 population may access both types of funding and have 70 percent of all funds allocated to them. cities over 50,000 population split the remaining 30 percent. Funds may be used for housing infrastructure, which is defined in the legislation as: rights-of-way; water distribution systems; sanitary and storm sewers; streets, roads, and bridges; curbs, gutters, and sidewalks; lift stations; excavation and compaction; traffic signals; street lighting; the purchase of land necessary to accommodate projects listed in this section; and any other infrastructure project determined by the South Dakota Housing Development authority to be consistent with the purposes of this act.

SB 162 – Discretionary formulas allow lowered property tax valuation for specified types of property. this bill would allow cities to adopt any part of a discretionary formula not adopted, or not fully adopted, by the county for qualifying housing and extends time allowed for a discretionary formula from five to seven years for qualifying housing.

SB 90 – Clarifies local option to adopt the International residential code and creates a group at the state level to review changes to versions of the building codes every three years and report so municipalities, counties, and the state can use the information when determining their own needs for the irc.

SB 156 – allows use of entire census estimate (rather than the current 90%) for purposes of determining whether new on- and off-sale licenses are available. SB 190 – Provides some cover for cities without zoning ordinances to regulate the place of operation of any medical cannabis-related establishment, and to provide for “sensitive use areas” such as schools, churches, day cares, parks, and the like.

SB 24 – limits the number of “home-grown” plants – which is two flowering and two not flowering – for medical marijuana card holders

SB 5 – Defines “safety sensitive jobs” as any position with tasks or duties the employer reasonably believes could cause illness, injury, or death of an individual, or result in serious property damage. It also defines “under the influence of cannabis” as any condition that tends to deprive a person of clearness of intellect and control that the person would otherwise possess. the bill puts those two definitions to work by saying people aren’t allowed to perform safety sensitive jobs while under the influence of medical cannabis. It also clarifies that employers can still establish and enforce a drug free workplace policy that may include a drug testing program.

HB 1292 – Prohibits the sale, use, or possession of products containing Delta 8 by anyone under 21.

HB 1076 – allows municipalities to consider a new form of government - letting the aldermanic form to continue, but with only one ward – so essentially it would allow the aldermanic form to have at-large seats. like all changes of form, it will take an election to switch.

HB 1025 – adds Juneteenth (June 19th) to the list of legal holidays in SD. ■