SB 105

 26.266.9  101st Legislative Session  105
                                      2026 South Dakota Legislature
                                               Senate Bill 105
 Introduced by: Senator Pischke
1 An Act to require the licensure of certain individuals performing installation of radon
2mitigation systems and provide a penalty therefor.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 36:
5For purposes of this chapter, "radon mitigation system" means an installation
6     designed to decrease or eliminate the presence of radon in an indoor space.
7 Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 36:
8Before an individual installs a radon mitigation system for compensation, the
9     individual must be licensed as a radon mitigation specialist by the Department of Health.
10A violation of this section is a Class 1 misdemeanor.
11 Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 36:
12To apply for licensure as a radon mitigation specialist, an individual must submit
13     to the Department of Health:
14     (1)      An application provided by the department;
15     (2)      The licensure fee established by the department in accordance with section 7 of
16this Act;
17     (3)      Documentation of having completed the requirements of a nationally recognized
18certification program approved by the department; and
19     (4)      Proof the applicant eighteen is years or older.
20An initial license issued by the department pursuant to this section expires one
21     year from the date of issuance.
22 Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 36:
                                                                              Underscores indicate new language.
                                                                            Overstrikes indicate deleted language.
 26.266.9  2  105
1To renew a license, a licensee must:
2    (1)     Submit a renewal application provided by the department;
3    (2)     Pay the renewal fee established by the department, as provided by section 7 of
4this Act;
5    (3)     Provide documentation to the department of the licensee's completion of seven
6hours of department-approved continuing education consisting of topics designed
7to maintain or advance a licensee's knowledge of radon mitigation practices; and
8    (4)     Provide documentation to the department that the licensee's national certification
9is current and in good standing.
10The department may reinstate an expired license if a renewal application and
11    renewal fee is received within thirty days after the license expires. The department may
12    assess a late fee of no more than seventy-five dollars for renewal applications processed
13    after the expiration date of the license being renewed.
14 Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 36:
15The department may, in compliance with chapter 1-26, deny the issuance of a
16    license, or suspend or revoke a license if:
17    (1)     The license was obtained by false or fraudulent means; or
18    (2)     The applicant or licensee engages in conduct that demonstrates the inability to
19install radon mitigation systems in accordance with standards of installation
20established by the department under section 7 of this Act.
21 Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 36:
22There is created in the state treasury the radon mitigation licensure fund. The fund
23    consists of all fees imposed pursuant to this chapter and other moneys designated for
24    deposit in the fund.
25The department shall administer the fund to defray the expenses associated with
26    the administration of this chapter. Interest on moneys credited to the fund must remain
27    in the fund. Expenditures from the fund must be budgeted through the general
28    appropriations bill.
29 Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 36:
30The department shall promulgate rules, in accordance with chapter 1-26, to
31    establish:
                                                                              Underscores indicate new language.
                                                                            Overstrikes indicate deleted language.
26.266.9  3  105
1    (1)     Criteria governing the initial licensure and renewal application process;
2    (2)     Continuing education standards for license renewal and criteria for verifying
3compliance with this chapter;
4    (3)     Standards for the installation of radon mitigation systems;
5    (4)     The initial licensure fee, which may not exceed five hundred dollars; and
6    (5)     The license renewal fee, which may not exceed two hundred fifty dollars.
                                                                             Underscores indicate new language.
                                                                           Overstrikes indicate deleted language.