ENTITLED An Act to correct technical errors in statutory cross-references.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 10-52A-15 be AMENDED:
10-52A-15. Legislative findings--Limitations on reduction of tax levy.
The Legislature hereby finds that
the amendments to chapter 10-52
contained in chapter 68 of the 2002 Session Laws shall result in a
broader and more uniform tax base for the tax levied by
municipalities under this chapter, and that, absent a reduction in
the current tax levy of a municipality, it is anticipated that total
tax revenues of a municipality may increase as a result of these
amendments. However, so long as a municipality has any bonds or other
obligations outstanding which are secured directly or indirectly by
the pledge
or collection and application of taxes levied prior to July 1, 2002,
no municipality may reduce its tax levy under this chapter to a rate
which, in the exercise of the sound discretion of the governing body,
would be expected to produce less total revenue than was collected in
the immediately preceding year.
Section 2. That 60-10-15 be AMENDED:
60-10-15. State s attorney--Duties--Prosecution--Picketing and violence.
The state's attorney of every county shall have the same duty and responsibility of enforcement of 60-10-10 through 60-10-12, as is imposed by 60-8-8.
Section 3. That 60-10-16 be AMENDED:
60-10-16. Picketing and violence--Severability.
If any provision of 60-10-10 through 60-10-12, and 60-10-15, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of the sections which can be given effect without the invalid provision or application, and to this end the provisions of said sections are declared to be severable.
Section 4. That 60-11-24 be AMENDED:
60-11-24. Costs and attorney fees--Action for wages--Removal.
In any action for wages brought in small claims court which is removed to magistrate court or circuit court, the court may, in addition to awarding judgment to the plaintiff, allow costs of the action including reasonable attorney fees to be paid by the defendant.
Section 5. That 61-5A-18 be AMENDED:
61-5A-18. Payment in lieu of contribution--Requirement--Amount.
Each employer who is liable for payments in lieu of contributions shall pay to the department for the fund the amount of regular benefits plus, in the case of nonprofit organizations, the amount of one half of extended benefits paid that are attributable to service in the employ of such employer, or, in the case of the state of South Dakota and political subdivisions, prior to December 31, 1978, the amount of one half of the extended benefits paid and thereafter the amount of extended benefits paid that are attributable to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one employer and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer who is liable for such payments shall be determined in accordance with the provisions of 61-5A-19 and 61-5A-20, except as provided in 61-5A-2.
Section 6. That 47-34A-908 be AMENDED:
47-34A-908. Conversion organizations--Filings--Effective date.
(a) After a plan of conversion is approved:
(1) A converting limited liability company shall deliver to the secretary of state for filing articles of conversion, which must be signed as provided in 47-34A-205 and must include:
(A) A statement that the limited liability company has been converted into another organization;
(B) The name and form of the organization and the jurisdiction of its governing statute;
(C) The date the conversion is effective under the governing statute of the converted organization;
(D) A statement that the conversion was approved as required by this chapter;
(E) A statement that the conversion was approved as required by the governing statute of the converted organization; and
(F) If the converted organization is a foreign organization not authorized to transact business in this state, the street and mailing addresses of an office which the secretary of state may use for the purposes of 47-34A-909(c); and
(2) If the converting organization is not a converting limited liability company, the converting organization shall deliver to the secretary of state for filing a certificate of organization, which must include, in addition to the information required by 47-34A-203(a):
(A) A statement that the converted organization was converted from another organization;
(B) The name and form of that converting organization and the jurisdiction of its governing statute; and
(C) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute.
(b) A conversion becomes effective:
(1) If the converted organization is a limited liability company, when the certificate of organization takes effect; and
(2) If the converted organization is not a limited liability company, as provided by the governing statute of the converted organization.
Section 7. That 58-15-44 be AMENDED:
58-15-44. Application for insurance--Dating back of application to reduce premium prohibited--Contract not invalidated.
No insurer may knowingly deliver or issue for delivery in this state any life insurance policy which purports to be issued or to take effect as of a date more than six months before the application therefor was made, if thereby the premium on such policy is reduced below the premium which would be payable thereon as determined by the insuring age of the insured at the time when such application was made. No insurance producer or other representative of an insurer may in this state prepare, submit, or accept any application for life insurance which bears a date earlier than the date when such application was made by the insured or applicant, if thereby the premium on such contract is reduced as above stated. Nothing contained in this section invalidates any contract made in violation of this section. This section does not prohibit the exchange, alteration, or conversion of any policy of life insurance.
Section 8. That 23A-4-4 be AMENDED:
23A-4-4. Initial appearance of defendant--Committing magistrate--Requirements--Transmittal of files.
Subject to 23A-17-1 and 23A-17-3, if a defendant is taken before a committing magistrate who did not issue the warrant, or in case no warrant has been issued, the committing magistrate shall inform him of the matters set out in 23A-4-3 and admit the defendant to bail as provided by 23A-2-4 or chapter 23A-43. Within three days thereafter, the committing magistrate shall transmit the minutes of the proceedings and all papers in the case, including bail if posted, to the court which issued the warrant. If no warrant has been issued, the transcript and papers shall be transmitted to the court where the complaint is filed or to the court in which the venue of the offense lies.
Section 9. That 23A-19-3 be AMENDED:
23A-19-3. Challenge to jury panel--Grounds.
A challenge to a panel can be based only on a material departure from the procedure prescribed by law for the drawing and return of the jury, or on the intentional omission of the board of jury selectors or sheriff to summon one or more of the jurors drawn. However, if the panel is composed of any persons who were summoned to serve as jurors pursuant to 16-13-42, a challenge may be taken to the panel based upon the alleged bias of the officer who summoned them if such bias would be sufficient grounds for a challenge to an individual juror. Such challenge must be determined in the same manner as if made to an individual juror for bias.
Section 10. That 23A-24-8 be AMENDED:
23A-24-8. Victim unable to attend trial or hearing--Selection of representative.
If a victim is unable to attend the trial or hearing or any portion of the trial or hearing due to death; disability; hardship; incapacity; physical, mental, or emotional condition or age, the victim, his parent, guardian, or his immediate family may select a representative to exercise the rights granted to the victim by 19-19-615, 23A-5-11, and 23A-24-6 through 23A-24-9.
Section 11. That 23A-43-12 be AMENDED:
23A-43-12. Bail proceedings--Order entered--Information need not conform to rules of evidence.
Information stated in, or offered in connection with, any order entered pursuant to 23A-43-2 through 23A-43-13 need not conform to the rules pertaining to the admissibility of evidence in a court of law.
Section 12. That 23A-43-13 be AMENDED:
23A-43-13. Disposition of cases--Forfeiture of collateral not prohibited.
Nothing contained in 23A-43-2 through 23A-43-12 shall be construed to prevent the disposition of any case or class of cases by forfeiture of collateral security where such disposition is authorized by the court.
Section 13. That 35-2-12 be AMENDED:
35-2-12. Information of violation--Substantial evidence--Investigation by secretary.
If the secretary receives information of a violation by any licensee of any provision of this title, the secretary shall investigate the alleged violation. If there is substantial evidence to support that a violation of any provision of this title has occurred, the secretary shall proceed in accordance wit