Legislative Update

We are working for YOU!

After the State's Summer Study on Workforce Housing, the barriers were evident: municipal processes and costs; infrastructure; and real estate taxes.   

Bills we are tracking through the 2022 Legislative Session:

Bill #   SDMHA Stance Committee Hearing   Vote Committee Hearing    Vote
HB1033 Local Infrastructure Improvement Grant   House State Affairs          
HB1089 Revise provisions related to abondoned mobile or manufactured homes   House Local Government withdrawn        
HB1149 Require sellers of residential real property to disclose property taxes to buyers   House State Affairs          
HB1153 Revise the number of class hours required to obtain a responsible broker's license              
HB1154 Reduce the number of years of delinquent property taxes required for a county to issue a tax deed on a property              
HB1197 Include certain costs as project costs for tax increment financing districts              
HCR6002 Recommending private sector housing solutions   House State Affairs          
SB114 Provide a refund for the contractor's excise tax for certain residential housing projects   Senate Taxation          
SB45 Revise notice and record keeping requirrements of real estate brokerages   Senate Commerce & Energy 18-Jan Senate Passed 33/0 House Commerce & Energy 24-Jan House passed 68/1
SB53 Increase workforce housing Support Senate Commerce & Energy          
SB59 Revise property tax levies   Joint Appropriations          
SB6 Landlords Medical Cannabis Support Senate Commerce & Energy 27-Jan        
SB65 Delineate uses for the SD housing opportunity fund   Senate Commerce & Energy Jan 20 - Deferred        
SB90 Revise certain provisions regarding local building codes   Senate Local Government          

2021 Legislative session activity:

  • Background Checks: SB141: provide for the automatic removal of certain marijuana convictions from a background check record.
  • Boiler:  HB1011: $10 increase in inspection
  • Housing: SB92: require that certain proposed rules include an affordable housing impact statement
  • Real Estate Commission: HB1002: revise certain provisions regarding fingerprint-based background checks. And HB1014: establish uniform complaint procedures. 

2020 Session was a success.

We worked diligently to produce a bill to streamline the eviction process in South Dakota.  HB1067 passed the House with only 3 nay votes, then onto the Senate where we had 5 nay votes.  We did have an amendment on the Senate side, so went back to the House, where we had 1 nay vote.  Governor Noem signed the bill into law, to be effective July 1, 2020.  

HB1067 is a HUGE win for residential rental property owners and management companies in South Dakota.  The changes will reduce expenses to properties and to the residents.

Other bills we were watching that could impact our industry:

  • HB1123: Revise provisions regarding termination of a lease by a victim of alleged domestic abuse:  Governor Noem signed.
  • HB1246: Revise the attorney's fees allowed in a retaliation action against a lessor.  Governor Noem signed
  • SB176:  Provide for the seizure and holding of real property as evidence.  Governor Noem signed

In 2018, our legislation brought about new laws that pertained to Service/Companion/Emotional Support Animal Verification.  Specifically it states that all verifications for Service/Companion animals shall come from a "medical provider that is within the State of South Dakota".  .

Please keep in mind that you must follow Fair Housing Laws, but the verification, per state law, needs to come from within South Dakota.

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Want to be more involved, contact Denise at 605-336-7756.