New laws taking effect

Data breach, ballot question and beer laws take effect in July

Associated Press
Posted 7/1/18

SIOUX FALLS (AP) – South Dakota lawmakers passed a raft of new laws in the 2018 legislative session, and many went into effect Sunday, including measures on data breaches, ballot questions and craft beers.

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New laws taking effect

Data breach, ballot question and beer laws take effect in July

Posted

SIOUX FALLS (AP) – South Dakota lawmakers passed a raft of new laws in the 2018 legislative session, and many went into effect Sunday, including measures on data breaches, ballot questions and craft beers.

Here’s a look at some of them:

Breaches

If your Social Security number is stolen from a company, you’ve likely got a better chance of being warned. A new law requires state residents be notified within 60 days of a data breach’s discovery, with some exceptions. The law also requires companies to inform the attorney general if a breach affects over 250 residents.

Ballot questions

New rules for the people who come to your door with a petition to sign could make it harder to put initiatives before voters. One new law requires petitioners to give more information to the secretary of state, including their driver’s license numbers and the length of time at their current and past two addresses. Would-be activists should also be ready to hand over other proof of residency like library cards or utility bills.

Supporters say it will make it easier for courts to determine whether circulators are South Dakota residents, a requirement in state law. Another new change will require circulators to provide petition signers their name, email and phone number.

Beers

It’s time for another beer: South Dakota craft breweries will be able to produce more suds each year without losing privileges such as being able to sell growlers. The new law created a microbrewery license allowing the businesses to produce 30,000 barrels of beer annually, up from 5,000 barrels.

It also permits craft brewers to bypass distributors to sell up to 1,500 barrels of their beer each year directly to bars. Gov. Dennis Daugaard has said the measure will help the state’s homegrown microbreweries expand and thrive.

Service animals

Lying about needing a service animal may now get renters kicked out. Landlords will be able to require supporting documentation for many tenants’ need for service animals, and penalties for falsely claiming a disability to have one include eviction and a damage fee up to $1,000.

Drug penalties

Drug dealers beware: tougher penalties for meth distribution and manufacturing are coming into place. Another set of new rules imposes stronger punishments for drug dealers whose product kills someone else.

Compassionate parole

South Dakota’s new “compassionate parole” system for seriously ill and elderly inmates is taking effect.

The new law makes high-cost, terminally ill inmates age 65 and over who have been imprisoned for at least a decade for a Class 3 felony or below eligible for compassionate parole consideration. Inmates 70 and above who have served at least 30 years of a non-death sentence are also eligible.

The Board of Pardons and Paroles will decide whether to grant or deny compassionate parole. About 65 inmates met the eligibility criteria in March.

Marsy’s Law

Changes voters approved in June to the “Marsy’s Law” victims’ bill of rights are coming to police stations and prosecutor’s offices. The new constitutional provisions require victims to opt in to many of their rights and specifically allow authorities to share information with the public to help solve crimes.

Officials proposed the changes because they say Marsy’s Law has caused unintended consequences since it first passed in 2016, including causing problems for authorities and increasing costs for counties.

Eagle feathers

Students who want to wear eagle feathers or plumes at school graduations will have protections in state law. The tribal regalia measure requires state and local officials to let people wear eagle feathers and plumes at school honoring or graduation ceremonies.

The U.S. Fish and Wildlife Service operates the National Eagle Repository to provide Native Americans with eagle carcasses, parts and feathers.