S.D. Codified Laws § 34-39-4 — SD Code / Title 34 / Chapter 39 / Section 34-39-4
Marking of devices condemned or rejected for repair--Removal or defacement as misdemeanor
Status: in_force

The department shall conspicuously mark all condemned or rejected for repair devices. It is a Class 2 misdemeanor to remove or deface the mark except upon authorization of the department.

Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190, § 114; SL 2004, ch 17, § 228; SL 2006, ch 187, § 2; SL 2016, ch 183, § 5.
S.D. Codified Laws § 34A-11-14 — SD Code / Title 34A / Chapter 11 / Section 34A-11-14
Terms and conditions of permits--Civil penalty for violation
Status: in_force

Any permit issued pursuant to this chapter may prescribe terms and conditions for record keeping, reporting, monitoring, sampling, inspections, compliance schedules, and such other terms and conditions as may be necessary to ensure compliance with this chapter and rules adopted pursuant to this chapter. A violation of the terms of the permit is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

Source: SL 1983, ch 262, § 14; SL 1992, ch 158, § 54.
S.D. Codified Laws § 34-39-7 — SD Code / Title 34 / Chapter 39 / Section 34-39-7
Promulgation of rules
Status: in_force

The secretary may promulgate rules, pursuant to chapter 1-26 , to establish tolerances within a maximum of two percent plus or minus, which may be necessary for the enforcement of §§ 34-39-1 to 34-39-6 , inclusive.

Source: SL 1957, ch 165, § 3; SDC Supp 1960, § 31.03A08; SL 1972, ch 15, § 4; SL 2004, ch 17, § 230; SL 2016, ch 183, § 7.
S.D. Codified Laws § 34-26A-6.3 — SD Code / Title 34 / Chapter 26A / Section 34-26A-6.3
Authorization to cremate--Limited crematory immunity
Status: in_force

No funeral home or crematory, or any employee of either is required to verify the information provided in the form authorizing cremation, as set forth in § 34-26A-6.1 , and no funeral home or crematory, or any employee of either may be held liable for any act or omission in reliance on the information provided in the form, unless the funeral home, crematory, or employee knew or should have known that the information was not accurate.

Source: SL 2023, ch 129, § 12.
S.D. Codified Laws § 34-3A-6 — SD Code / Title 34 / Chapter 3A / Section 34-3A-6
Appropriations from general funds for contract purposes
Status: in_force

In lieu of, or in addition to, the expenditures authorized from the special revenue fund pursuant to § 34-3A-5 , such board of county commissioners or the governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities for the purposes of § 34-3A-5 .

Source: SL 1976, ch 210, § 2.
S.D. Codified Laws § 34-35A-3 — SD Code / Title 34 / Chapter 35A / Section 34-35A-3
Interference with alarm system as felony
Status: in_force

A person who intentionally interferes with or impairs or damages any public fire alarm system, apparatus, wire, or associated equipment, thereby rendering such equipment inoperative, is guilty of a Class 5 felony.

Source: SL 1963, ch 59; SDCL 1967, § 22-34-25 ; SL 1973, ch 150, § 3; SL 1977, ch 190, § 97.
S.D. Codified Laws § 34-23B-7 — SD Code / Title 34 / Chapter 23B / Section 34-23B-7
Definitions
Status: in_force

Terms used in §§ 34-23B-8 and 34-23B-9 mean:

(1) "Lethal fetal anomaly," a condition that is diagnosed before the child's birth and will, with reasonable medical certainty, result in the child's death within three months from the date of birth; and

(2) "Perinatal hospice," the provision of:

(a) Comprehensive, supportive care to a pregnant mother and her family, beginning with the diagnosis of a lethal fetal anomaly and continuing through the birth and resultant death of the child; and

(b) Counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, specialty nurses, clergy, social workers, and others who are focused on alleviating fear and ensuring that the mother and her family experience the life and death of the child in a comfortable and supportive environment.

Source: SL 2021, ch 152, § 1.
S.D. Codified Laws § 34-23A-1.7 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1.7
Common law cause of action for medical malpractice informed consent claims based on reasonable patient standard reaffirmed--Application to abortion procedures--Construction
Status: in_force

The South Dakota common law cause of action for medical malpractice informed consent claims based upon the reasonable patient standard is reaffirmed and is hereby expressly declared to apply to all abortion procedures. The duty of a physician to disclose all facts about the nature of the procedure, the risks of the procedure, and the alternatives to the procedure that a reasonable patient would consider significant to her decision of whether to undergo or forego the procedure applies to all abortions. Nothing in § 34-23A-1 , §§ 34-23A-1.2 to 34-23A-1.7 , inclusive, § 34-23A-10.1 , and § 34-23A-10.3 may be construed to render any of the requirements otherwise imposed by common law inapplicable to abortion procedures or diminish the nature or the extent of those requirements. The disclosure requirements expressly set forth in § 34-23A-1 , §§ 34-23A-1.2 to 34-23A-1.7 , inclusive, § 34-23A-10.1 , and § 34-23A-10.3 are an express clarification of, and are in addition to, those common law disclosure requirements.

Source: SL 2005, ch 186, § 6.
S.D. Codified Laws § 34-20C-17 — SD Code / Title 34 / Chapter 20C / Section 34-20C-17
Assets used to satisfy judgment
Status: in_force

Any person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under this chapter that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.

Source: SL 1997, ch 203, § 19.
S.D. Codified Laws § 34-26-76 — SD Code / Title 34 / Chapter 26 / Section 34-26-76
Forfeiture of right
Status: in_force

A person entitled under law to the right and duty of disposition forfeits that right and that duty, and the right and duty is passed on to the next qualifying person as listed in § 34-26-75 , in the following circumstances:

(1) Any person charged with first- or second-degree murder or voluntary manslaughter in connection with the decedent’s death, and whose charges are known to the funeral director; provided, however that if the charges against the person are dismissed, or if the person is acquitted of the charges, the right of disposition is returned to the person;

(2) Any person who does not exercise the person's right of disposition within two days of notification of the death of decedent or within three days of the date of possession of the decedent's remains by a funeral home, whichever is earlier;

(3) If the person and the decedent are spouses and a petition to dissolve the marriage is pending at the time of decedent’s death; or

(4) Where the court, pursuant to § 34-26-78 , determines that the person entitled to the right of disposition and the decedent were estranged at the time of death. For purposes of this subdivision, the term, estranged, means a physical and emotional separation from the decedent at the time of death that has existed for a period of time that clearly demonstrates an absence of due affection, trust, and regard for the decedent.

Source: SL 2022, ch 113, § 3.
S.D. Codified Laws § 34-48A-41 — SD Code / Title 34 / Chapter 48A / Section 34-48A-41
Contracting power of local subdivision--Obedience to mandatory constitutional requirements
Status: in_force

Each political subdivision in which any disaster or emergency as described in subdivision 34-48A-1(2) occurs, may enter into contracts and incur obligations necessary to combat the disaster or emergency, to protect the health and safety of persons and property, and to provide emergency assistance to the victims of such disaster or emergency without regard to time-consuming procedure and formalities prescribed by law. However, the political subdivision shall comply with mandatory constitutional requirements, pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds.

Source: SL 1949, ch 236, § 8; SL 1951, ch 285, § 8; SDC Supp 1960, § 41.01C07 (2); SL 1977, ch 271, § 20; SL 1992, ch 236, § 16; SDCL § 33-15-29 .
S.D. Codified Laws § 34A-12-4 — SD Code / Title 34A / Chapter 12 / Section 34A-12-4
Expenditure of funds by secretary--Grounds for expenditures
Status: in_force

When necessary in the performance of the secretary's duties under §§ 23A-27-25 , 34A-1-39 , 34A-2-75 , 34A-6-1.4 , 34A-6-1.31 , 34A-11-9 , 34A-11-10 , 34A-11-12 , 34A-11-14 , 34A-12-1 to 34A-12-15 , inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 and Title 34A relative to discharges, the secretary may expend funds from the response fund to provide for the costs of investigations, emergency remedial efforts, corrective actions, and managerial or administrative activities associated with such activities. The secretary's use of the response fund shall be based upon the following:

(1) In the case of an investigation, when the secretary determines that a discharge requiring an emergency remedial effort may have occurred and that the general operating budget of the department for such purposes is not adequate to cover the costs of the necessary investigatory activities;

(2) In the case of an emergency remedial effort, when the secretary determines that a discharge has occurred and that corrective actions shall be immediately undertaken to protect an imminent threat to the public health or safety or to contain a discharge which, if not immediately contained, shall in time pose a significantly greater threat to public health or safety or to the environment of this state than if such action is not immediately taken;

(3) In the case of a discharge not of an emergency nature when the secretary determines that a discharge has occurred, that a responsible party or liability fund capable of performing the corrective actions either cannot be identified or refuses to undertake corrective actions, and that corrective actions shall be undertaken to protect the public health, safety, welfare, or environment of the state.

Source: SL 1988, ch 291, § 5; SL 1992, ch 158, § 55A; SL 1999, ch 182, § 3.
S.D. Codified Laws § 34-12D-5 — SD Code / Title 34 / Chapter 12D / Section 34-12D-5
When declaration becomes operative
Status: in_force

A living will declaration becomes operative when the declarant is determined by the attending physician to be in a terminal condition, death is imminent, and the declarant is no longer able to communicate decisions about medical care.

Source: SL 1991, ch 273, § 5; SL 2007, ch 193, § 3.
S.D. Codified Laws § 34-44-9 — SD Code / Title 34 / Chapter 44 / Section 34-44-9
Duty of owner or operator to ensure that employees work under certified asbestos contractors and meet worker requirements--Violation as misdemeanor--Civil penalty
Status: in_force

Any facility owner or operator whose own employees renovate or demolish a facility may allow the employees to work on asbestos abatement projects only if the employees are under the direction of an asbestos contractor who complies with the training and certification requirements established under § 34-44-10 and the employees comply with the worker requirements of §§ 34-44-13 and 34-44-14 . A violation of this section is a Class 1 misdemeanor. Any person who violates this section is also subject to a civil penalty not to exceed one thousand dollars per day of violation.

Source: SL 1988, ch 284, § 7; SL 1990, ch 280, § 4A.
S.D. Codified Laws § 34-12D-7 — SD Code / Title 34 / Chapter 12D / Section 34-12D-7
Entry of declaration into medical record
Status: in_force

Upon determining that a declarant is in a terminal condition, the attending physician who knows of a declaration shall record the determination and the terms of the declaration in the declarant's medical record.

Source: SL 1991, ch 273, § 7.
S.D. Codified Laws § 34-38-34 — SD Code / Title 34 / Chapter 38 / Section 34-38-34
Delivery and dispensing operations to comply with International Fire Code--Determining liquid level--Equipment requirements
Status: in_force

Delivery operations shall comply with applicable requirements of chapter 57 of the International Fire Code, 2015 edition. Dispensing operations shall comply with the provisions of chapter 57 of the International Fire Code, 2015 edition.

The delivery vehicle shall be separated from any aboveground tank by at least twenty-five feet.

Means shall be provided for determining the liquid level in each tank and this means shall be accessible to the delivery operator. Provisions shall be made either to automatically stop the delivery of fuel to the tank if the liquid level in the tank reaches ninety-five percent capacity or to sound an audible alarm if the liquid level in the tank reaches ninety percent capacity.

A check valve, gate valve with quick-connect coupling, or a dry-break valve shall be installed in the piping at the point where connection and disconnection is made for delivery from a vehicle to any aboveground tank. This device shall be protected against tampering and physical damage.

If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped with a tight-fill device for connecting the hose to the tank.

Source: SL 1991, ch 269, § 12; SL 2006, ch 185, § 8; SL 2010, ch 177, § 6; SL 2016, ch 181, § 6.
S.D. Codified Laws § 34-45-6 — SD Code / Title 34 / Chapter 45 / Section 34-45-6
Surcharge--Liability
Status: in_force

Each service user is liable for any charge imposed pursuant to § 34-45-4 until it has been paid to the service provider.

Source: SL 1989, ch 303, § 6; SL 2008, ch 176, § 6.
S.D. Codified Laws § 34A-8-4 — SD Code / Title 34A / Chapter 8 / Section 34A-8-4
Biennial review of lists of endangered and threatened species--Amendments
Status: in_force

The Game, Fish and Parks Commission shall conduct a review of the state list of endangered and threatened species within the period ending July 3, 1979, and every two years thereafter and may amend the list by appropriate additions or deletions.

Source: SL 1977, ch 335, § 3.
S.D. Codified Laws § 34-23A-89 — SD Code / Title 34 / Chapter 23A / Section 34-23A-89
Definition--Down syndrome
Status: in_force

For purposes of §§ 34-23A-89 to 34-23A-93 , inclusive, the term, Down syndrome, is a chromosome disorder associated with an extra chromosome twenty-one, in whole or in part, or an effective trisomy for chromosome twenty-one.

Source: SL 2021, ch 151, § 1.
S.D. Codified Laws § 34-45-8.2 — SD Code / Title 34 / Chapter 45 / Section 34-45-8.2
Returns and reports filed electronically--Surcharges remitted by electronic transfer--Release of certain information to public safety answering points
Status: in_force

Any entity who is registered pursuant to this chapter or any entity required to collect and remit the surcharges imposed by § 34-45-4 or 34-45-4.2 shall file returns or reports by electronic means on a monthly basis with the Department of Revenue and shall remit the surcharges by electronic transfer on a monthly basis to the department unless the secretary of the Department of Revenue permits an entity to file returns or reports by nonelectronic means and permits an entity to remit surcharges by nonelectronic means. If an entity does not have internet access on the business premises, the secretary of revenue shall permit an entity to file returns or reports by nonelectronic means and permit an entity to remit surcharges by nonelectronic means.

The Department of Revenue shall provide to the Department of Public Safety 911 emergency surcharge data and information from the returns or reports filed with the Department of Revenue. Notwithstanding any other provision of law, the Department of Public Safety or the Department of Revenue may provide 911 emergency surcharge data and information to a governing body or a public safety answering point only relating to the requesting governing body or public safety answering point. The governing body or public safety answering point may only contact the Department of Public Safety or Department of Revenue with questions relating to the requesting governing body or public safety answering point. Any data or information obtained by a governing body or public safety answering point pursuant to this section is confidential and may not be disclosed by the governing body or public safety answering point.

Source: SL 2012, ch 188, § 9; SL 2018, ch 209, § 1.
S.D. Codified Laws § 34A-6-96 — SD Code / Title 34A / Chapter 6 / Section 34A-6-96
Unlawful release of infectious waste in fourth degree
Status: in_force

A person is guilty of unlawful release of infectious waste in the fourth degree if the person with criminal negligence, engages in conduct which causes the release to the environment of infectious waste. Unlawful release of infectious waste in the fourth degree is a Class 1 misdemeanor.

Source: SL 1992, ch 259, § 4.
S.D. Codified Laws § 34-23A-52.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-52.1
Medical emergency exception
Status: in_force

The provisions of § 34-23A-52 do not apply to an abortion provider or facility in the case of a medical emergency. Upon a determination by a physician under this section that a medical emergency exists, the physician shall certify the specific medical conditions that constitute the emergency.

Source: SL 2019, ch 152, § 2.
S.D. Codified Laws § 34A-5-13 — SD Code / Title 34A / Chapter 5 / Section 34A-5-13
Expenditure of county funds for preliminary and election expenses--State funds
Status: in_force

The county board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of the holding of elections on the incorporation of sanitary districts hereunder. The county board may accept and expend any funds appropriated to the State Department of Agriculture and Natural Resources and allocated by that department to the county for these purposes.

Source: SDC Supp 1960, § 45.3806 as added by SL 1964, ch 144, § 4; SDCL, § 34-17-13; SL 1986, ch 295, § 20; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-9-11 — SD Code / Title 34A / Chapter 9 / Section 34A-9-11
Impact statement not required if federal statement required
Status: in_force

To avoid duplication of effort and to promote consistent administration of federal and state environmental policies, the environmental impact statement required by this chapter need not be prepared with respect to actions for which a detailed statement is required to be prepared pursuant to the requirements of the National Environmental Policy Act of 1969 as amended to January 1, 2011, if the statement complies with the requirements of this chapter.

Source: SL 1974, ch 245, § 6; SDCL Supp, § 11-1A-11; SL 1993, ch 256, § 35; SL 2011, ch 165, § 135.
S.D. Codified Laws § 34-25-32.10 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.10
Name of stillborn child on certificate of birth resulting in stillbirth
Status: in_force

Any parent may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth. If the requesting parent does not wish to provide a name, the Department of Health shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the parent.

Source: SL 2007, ch 195, § 3.
S.D. Codified Laws § 34A-2-58 — SD Code / Title 34A / Chapter 2 / Section 34A-2-58
Parties permitted to appear and present evidence at hearing on violation
Status: in_force

The board shall permit all parties to respond to the notice served under § 34A-2-53 , and all other interested parties, to present evidence and argument on all issues, and to conduct cross - examination required for full disclosure of the facts.

Source: SL 1973, ch 280, § 11 (4); SDCL Supp, § 46-25-74; SL 1988, ch 285, § 22.
S.D. Codified Laws § 34-29A-46 — SD Code / Title 34 / Chapter 29A / Section 34-29A-46
Record of boilers and inspections
Status: in_force

The secretary of public safety, or his designee, shall keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and date of the last recorded inspection of all boilers to which this chapter applies.

Source: SL 1973, ch 229, § 8 (2); SL 1982, ch 18, § 68; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-45-18.4 — SD Code / Title 34 / Chapter 45 / Section 34-45-18.4
Future public safety points to consist of two or more local government entities
Status: in_force

Beginning on July 1, 1999, no new public safety answering points may be established, unless they include two or more local government entities. Nothing in this section prohibits an unserved area from contracting or joining with an existing public safety answering point.

Source: SL 1999, ch 177, § 6.
S.D. Codified Laws § 34-3-5 — SD Code / Title 34 / Chapter 3 / Section 34-3-5
Merger of city and county health services in full-time department--City representative on board
Status: in_force

Any municipality of the first class located within a county wherein a full - time county health department has been or is being established, may by mutual agreement between its governing body and the board of county commissioners of said county, merge its health service with such county department and participate in the financial maintenance of such county department to the extent of such agreement, and thereupon the county department shall have full supervision and control over all matters pertaining to public health in said municipality. Whenever a municipality of the first class shall merge with the county department, the mayor or member of the governing body of such municipality by it selected, shall become a member of the county board of health and shall be in addition to the members provided in § 34-3-3 .

Source: SL 1953, ch 129, §§ 2, 3; SDC Supp 1960, §§ 27.18A02, 27.18A03; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-11-2 — SD Code / Title 34 / Chapter 11 / Section 34-11-2
Definitions
Status: in_force

Terms used in this chapter mean:

(1) " Ambulance," a vehicle that has a driver compartment and a patient compartment, and carries the equipment and supplies needed for the provision of emergency care, by personnel licensed or certified in accordance with chapter 36-4B , or authorized by § 34-11-19 , at the scene of and enroute from an emergency;

(2) "Ambulance service," any person or organization that is licensed by the department to provide:

(a) Emergency medical services at the scene of and enroute from an emergency;

(b) Transportation of a patient from a medical facility to another medical facility;

(c) Transportation of a patient from a medical facility to a non-medical facility; and

(d) Transportation of a patient from a non-medical facility to a medical facility;

(3) "Department," the Department of Health;

(4) "Medical director," a physician licensed pursuant to chapter 36-4 who is responsible for providing medical supervision and direction to an ambulance service; and

(5) "Program director," a physician assistant licensed pursuant to chapter 36-4A , or a nurse practitioner licensed pursuant to chapter 36-9A , who is authorized by § 34-11-12.2 and is responsible for providing supervision and direction to an ambulance service in place of a medical director.

Source: SL 1974, ch 239, § 1; SL 1989, ch 287, § 1; SL 1992, ch 240, § 2; SL 2004, ch 17, § 199; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2017, ch 148, § 1; SL 2022, ch 102, § 3; SL 2022, ch 145, § 4; SL 2024, ch 126, § 3; SL 2026, ch 143, § 1.
S.D. Codified Laws § 34A-16-23 — SD Code / Title 34A / Chapter 16 / Section 34A-16-23
Disposal of products and energy produced
Status: in_force

The district may use, sell, or otherwise dispose of all of the products and energy produced by its facilities under such terms as the board of commissioners may determine.

Source: SL 1993, ch 259, § 25.
S.D. Codified Laws § 34-20B-70 — SD Code / Title 34 / Chapter 20B / Section 34-20B-70
Property subject to forfeiture
Status: in_force

The following are subject to forfeiture pursuant to chapter 23A-49 and no property right exists in them:

(1) All controlled drugs and substances and marijuana which have been manufactured, distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter 22-42 ;

(2) All raw materials, products, and equipment of any kind which are used or intended for use, in manufacturing, compounding, or processing any controlled drug or substance or marijuana in excess of one-half pound in violation of the provisions of this chapter or chapter 22-42 ;

(3) All property which is used, or intended for use, as a container for property described in subdivisions (1) and (2);

(4) All conveyances including aircraft, vehicles, or vessels, which are used, or intended for use, to facilitate the unlawful distribution or possession with the intent to distribute marijuana in excess of one-half pound or any quantity of any other property described in subdivision (1) or (2);

(5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter;

(6) Any funds or other things of value used for the purposes of unlawfully purchasing, attempting to purchase, distributing, or attempting to distribute any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound; or

(7) Any assets, interest, profits, income, and proceeds acquired or derived from the unlawful purchase, attempted purchase, distribution, or attempted distribution of any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound.

Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited to the state, property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of § 23A-49-14 , and property described in subdivision (4) is subject to forfeiture under the terms of § 23A-49-15 .

Source: SL 1970, ch 229, § 11 (e) (1); SDCL Supp, § 39-17-129; SL 1976, ch 158, §§ 42-19, 42-20; SL 1977, ch 189, §§ 125, 126; SL 1977, ch 317, §§ 1 to 3; SL 1982, ch 262, § 2; SL 1983, ch 255; SL 1985, ch 279, § 1; SL 2016, ch 138, § 21; SL 2021, ch 145, § 1.
S.D. Codified Laws § 34-8A-2 — SD Code / Title 34 / Chapter 8A / Section 34-8A-2
Joint action by counties and municipality
Status: in_force

The boards of county commissioners of several contiguous counties and/or the local governing body may jointly enter into contractual arrangements to carry out the purposes of this chapter.

Source: SL 1973, ch 43, § 2.
S.D. Codified Laws § 34-29A-3 — SD Code / Title 34 / Chapter 29A / Section 34-29A-3
Qualifications and appointment of chief inspector
Status: in_force

At any time that the office of the chief inspector may become vacant, the secretary of public safety shall appoint a person who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the same kind of examination as that prescribed under § 34-29A-9 , to be chief inspector. This examination may be waived by the secretary of public safety for a period of twelve months.

Source: SL 1973, ch 229, § 7; SL 1982,ch 18, § 35; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-25-42 — SD Code / Title 34 / Chapter 25 / Section 34-25-42
Delayed registration of birth, death, or marriage--Fee
Status: in_force

If a birth, death, or marriage occurring in this state has not been registered within one year from the date of occurrence, a certificate may be filed in accordance with regulations of the secretary of health, and shall be marked "delayed" on the face of the certificate. Each applicant for a delayed birth, death, or marriage certificate shall submit a fifteen dollar fee to the Department of Health for the preparation and filing of the delayed record.

Source: SL 1931, ch 267, § 16; SDC 1939, § 27.0216; SL 1941, ch 124, § 5; SL 1972, ch 194, § 34; SL 1978, ch 255, § 3; SL 1991, ch 279, § 2; SL 2005, ch 191, § 1.
S.D. Codified Laws § 34-21-8 — SD Code / Title 34 / Chapter 21 / Section 34-21-8
Investigations and research in radiation problems and monitoring
Status: in_force

The agency may encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of radiation hazards, measurement of radiation, effects on health of exposure to radiation, monitoring of radiation levels in the environment and related problems as it may deem necessary or advisable for the discharge of its duties under this chapter.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (4); SL 1967, ch 107, § 2; SL 1980, ch 242, § 4.
S.D. Codified Laws § 34-12-17 — SD Code / Title 34 / Chapter 12 / Section 34-12-17
Information received by department confidential--Disclosure
Status: in_force

Information received by the State Department of Health under the authority of this chapter shall be confidential, except for official purposes, and shall not be disclosed except in accordance with a proper judicial order, or as otherwise provided by law.

Source: SL 1945, ch 108, § 8; SL 1953, ch 123, § 8; SDC Supp 1960, § 27.1208.
S.D. Codified Laws § 34-20A-85.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-85.1
Compensation of attorney appointed to represent person being committed--Reimbursement of county
Status: in_force

The attorney appointed by a court to represent the interests of a person being committed for alcohol or drug abuse shall be paid by the county where the hearing and commitment proceedings are taking place. The attorney shall be compensated at a rate to be fixed by the circuit judge. The county shall be reimbursed for the expenses by the person if the person is financially able to do so. If the person is not financially able to pay such expenses, the cost of legal counsel shall be paid to the county by the person legally bound for the support of such person.

Source: SL 1985, ch 277, § 6.
S.D. Codified Laws § 34-31A-42 — SD Code / Title 34 / Chapter 31A / Section 34-31A-42
County commissioners' determination on proposed annexation
Status: in_force

The board of county commissioners shall, at or shortly after the hearing referred to in § 34-31A-41 , determine whether such territory should be annexed to the existing district and shall fix the boundaries of the territory to be annexed. The determination of the board of county commissioners shall be set forth in written order which shall describe the boundaries determined upon and shall be filed in the office of the county auditor.

Source: SL 1971, ch 208, § 11 (5).
S.D. Codified Laws § 34-8-10 — SD Code / Title 34 / Chapter 8 / Section 34-8-10
Leasing in lieu of county operation of hospital--Bond required
Status: in_force

The board of county commissioners, instead of maintaining and operating said hospital in the name of the county, may call for bids for the leasing thereof for a term of years, to competent and responsible societies or corporations, which shall furnish a sufficient bond to be approved by the board of county commissioners, for the proper fulfillment of all the terms of the lease; in which case the county shall be released from responsibility in the maintenance and operation thereof and from any debt incurred thereby.

Source: SL 1919, ch 282; SL 1929, ch 210, § 11; SDC 1939, § 27.1907.
S.D. Codified Laws § 34-8-4.2 — SD Code / Title 34 / Chapter 8 / Section 34-8-4.2
Election not required for revenue bonds--Protest requiring election
Status: in_force

Notwithstanding the provisions of § 34-8-4.1 , it shall not be necessary to submit the question of the bond issue to the people excepting that if within thirty days from the publication of the official minutes of the meeting of the county commissioners in which the resolution to issue revenue bonds is adopted, a protest signed by fifteen percent of the voters of the county voting for Governor at the last general election be filed with such county commissioners, then no such bond issuance shall be made until the question shall have been submitted to the vote of the people and sixty percent of those voting shall vote in favor thereof. The question so submitted shall be "Shall the County issue Revenue Bonds not to exceed $____ for the financing of an addition to the county hospital?"

Source: SL 1970, ch 195.
S.D. Codified Laws § 34A-2-123 — SD Code / Title 34A / Chapter 2 / Section 34A-2-123
Promulgation of rules on disposal of sewage sludge
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to establish requirements for proper disposal of sewage sludge.

Source: SL 1992, ch 254, § 90.
S.D. Codified Laws § 34-26A-24.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-24.1
Disposition of remains--Directive followed--Responsibility for costs
Status: in_force

Each crematory shall follow the directives in the authorization to cremate form regarding the disposition of the cremated remains.

If the cremated remains are not claimed and if no other arrangements have been made within sixty days after the date of the cremation, the crematory or a funeral home may dispose of the remains by:

(1) Placing the remains in a grave, crypt, niche; or

(2) Scattering the remains in any manner and in any place not otherwise prohibited by law.

Any reasonable costs incurred by a crematory or a funeral home in disposing of unclaimed cremated remains, in accordance with this section, are the responsibility of the person who signed the authorization to cremate form or the person having the right to control the disposition.

Source: SL 2023, ch 129, § 23.
S.D. Codified Laws § 34-18-39 — SD Code / Title 34 / Chapter 18 / Section 34-18-39
Definition of terms--Camping liability--Immunity
Status: in_force

Terms used in §§ 34-18-39 to 34-18-42 , inclusive, mean:

(1) "Camping," visiting, staying at, using, and leaving a private campground, including lodging of all types;

(2) "Inherent risks of camping," dangers and hazards from:

(a) Features of the natural world, such as trees, tree stumps, naturally occurring infectious agents, roots, brush, rocks, mud, sand, standing and moving water, and soil;

(b) Uneven and unpredictable terrain;

(c) Natural bodies of water and accessories permitting the use of natural bodies of water, including piers, docks, swimming and aquatic sports, or recreation facilities or areas;

(d) A lack of lighting;

(e) Campfires contained in or outside a fire pit or an enclosure provided by the private campground, bonfires, grass or brush fires, wildfires, and forest fires;

(f) Weather;

(g) Insects, birds, and other wildlife;

(h) A violation of safety rules or a disregard for signs or other methods of communicating warnings;

(i) Another camper or visitor at the private campground acting in a negligent manner, if the private campground owner or an employee or officer of the private campground owner is not involved;

(j) Actions by a camper or visitor that exceed his or her physical limitations or abilities;

(k) Actions by a camper or visitor involving climbing, rappelling, caving, mountaineering;

(l) Fireworks of a camper, visitor, or offsite entity not authorized by the private campground owner or employee or officer of a private campground owner; and

(m) Any person coming onto the campsite not reported to the private campground owner or an employee or officer of the private campground owner.

(3) "Private campground," any parcel or tract of land, including buildings and other structures, that is owned or operated by a private property owner where five or more campsites are made available for use as temporary living quarters for recreational, camping, travel, or seasonal use. The term also includes recreational vehicle parks.

Source: SL 2022, ch 107, § 1.
S.D. Codified Laws § 34A-3-18 — SD Code / Title 34A / Chapter 3 / Section 34A-3-18
Certifications--Expiration--Renewal
Status: in_force

All certifications shall expire on the first day of February of each year, at which time all certifications shall have been renewed.

Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-17; SL 2021, ch 162, § 2.
S.D. Codified Laws § 34A-18-6 — SD Code / Title 34A / Chapter 18 / Section 34A-18-6
Review of oil spill response plan
Status: in_force

Each crude oil pipeline operator shall review its oil spill response plan at least every five years from the date of the last submission to the department.

Source: SL 2008, ch 180, § 6.
S.D. Codified Laws § 34-27-9 — SD Code / Title 34 / Chapter 27 / Section 34-27-9
Numbering of grave spaces on cemetery plat--Designation of veterans' burials--Marking of burials
Status: in_force

Each section, block, lot, and individual grave space in a cemetery shall be regularly numbered, such numbers to appear and be marked upon the face thereof, and the map or plat required by § 34-27-8 when completed shall have designated thereon, by uniform marking appearing in the proper grave spaces, all present burials and occupied graves located within such cemetery. The graves of all veterans of the armed forces of the United States, including their allies, confederate veterans, and war nurses in the time of war, and veterans as defined by § 33A-2-1 , located in each cemetery shall be designated by a separate and distinct uniform mark. Thereafter it shall be the duty of such person, association, or corporation in charge of such cemetery or place of burial to regularly mark and designate upon such plat or map, the exact grave space occupied at the time of interment, by all subsequent burials, within such cemetery.

Source: SDC 1939, § 27.0214 (1) as added by SL 1941, ch 124, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 34A-2-65 — SD Code / Title 34A / Chapter 2 / Section 34A-2-65
Judicial enforcement of order pending appeal
Status: in_force

If the court does not stay the effectiveness of an order of the board, it may enforce compliance with that order by issuing a temporary restraining order or an injunction at the request of the board.

Source: SL 1973, ch 280, § 12; SDCL Supp, § 46-25-81.
S.D. Codified Laws § 34-48A-52 — SD Code / Title 34 / Chapter 48A / Section 34-48A-52
Political activity by emergency management organization prohibited
Status: in_force

No organization for emergency management established under the authority of this chapter may participate in any form of political activity, nor may it be employed directly or indirectly for political purposes.

Source: SL 1949, ch 236, § 13; SL 1951, ch 285, § 13; SDC Supp 1960, § 41.01C12; SL 1977, ch 271, § 40; SL 1992, ch 236, § 27; SDCL § 33-15-44 .
S.D. Codified Laws § 34-20G-5.1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-5.1
Certification not authorized
Status: in_force

Nothing in this chapter authorizes a practitioner to provide a written certification to a patient who is pregnant or breastfeeding.

Source: SL 2023, ch 120, § 2.
S.D. Codified Laws § 34-12-56.2 — SD Code / Title 34 / Chapter 12 / Section 34-12-56.2
Nursing facility on Cheyenne River Indian Reservation
Status: in_force

Notwithstanding the provisions of §§ 34-12-39.2 and 34-12-35.4 , a new nursing home may be operated and maintained on the Cheyenne River Indian Reservation located in Eagle Butte, South Dakota. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the Medicaid program. The number of nursing facility beds in the new facility may not exceed fifty.

Source: SL 2017, ch 152, § 1, eff. Feb. 9, 2017.
S.D. Codified Laws § 34-28-9 — SD Code / Title 34 / Chapter 28 / Section 34-28-9
Employees exempt from liability
Status: in_force

No liability under § 34-28-6 or 34-28-7 shall be created as to workmen who are employees of a material supplier, contractor, subcontractor, or other employer responsible for compliance with said sections.

Source: SL 1973, ch 232, § 4.
S.D. Codified Laws § 34A-6-1.12 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.12
Maintenance of closure and post-closure accounts--Requirements
Status: in_force

In addition to financial assurance instruments for environmental protection, the board may require the owner to maintain closure and post - closure accounts. The board shall adopt by rule the amounts to be contributed to the accounts. The accounts established shall be specific to the facility.

(1) Money in the accounts may not be assigned or otherwise encumbered for the benefit of creditors with the exception of the state.

(2) Money in an account may not be used to pay any final judgment against a permittee arising out of the ownership or operation of the site during its active life or after closure.

(3) Conditions under which the department may gain access to the accounts and circumstances under which the accounts may be released to the operator after closure and post - closure responsibilities have been met shall be established by the board.

(4) Money in the accounts shall be exempt from execution by creditors except fines, penalties, or damages due the state.

(5) The annual financial statement submitted to the department shall include the current amounts established in each of the accounts and the projected amounts to be deposited in the accounts in the following year.

Source: SL 1989, ch 306, § 13.
S.D. Codified Laws § 34A-6-103 — SD Code / Title 34A / Chapter 6 / Section 34A-6-103
County approval required for solid waste or medical waste transportation, storage, treatment or disposal
Status: in_force

Any application to the Board of Minerals and Environment or the secretary for a new permit or first authorization to operate under a general permit for a facility for the transportation, storage, treatment, or disposal of solid waste or medical waste pursuant to this chapter shall include a resolution by the governing body of the county in which the facility is to be located approving the proposed facility. Approval by the county within no more than twenty - four months before the issuance of the new permit or first authorization by the Board of Minerals and Environment or the secretary is a condition for the issuance of the permit or authorization. Approval granted under this section may only be rescinded by the county before the new permit or first authorization is issued and only if a significant change in the size, purpose, or location of the proposed facility has occurred.

Source: SL 1992, ch 258; SL 1996, ch 220, § 1.
S.D. Codified Laws § 34-38-32 — SD Code / Title 34 / Chapter 38 / Section 34-38-32
Maintenance of area within any dike
Status: in_force

The area within any dike shall be kept free of vegetation, debris, and any other material that is not necessary to the operation of the tank and piping system.

Source: SL 1991, ch 269, § 10.
S.D. Codified Laws § 34-29B-18 — SD Code / Title 34 / Chapter 29B / Section 34-29B-18
Revocation, suspension, or denial of approval
Status: in_force

The state fire marshal may revoke, suspend, or deny the granting of any approval required by this chapter or regulation, for noncompliance with the provisions of such or failure to meet the provisions of this chapter.

Source: SL 1991, ch 283, § 19.
S.D. Codified Laws § 34-21-5 — SD Code / Title 34 / Chapter 21 / Section 34-21-5
Employment of personnel by agency--Delegation of functions
Status: in_force

In accordance with the laws of the state, the agency may employ, compensate, and prescribe the powers and duties of such persons as may be necessary to carry out the provisions of this chapter.

The secretary may delegate to officers and employees of the agency such functions, duties, and authority as are vested in the agency by this chapter; except the authority to adopt and promulgate standards, rules, and regulations, and to issue or modify orders.

Source: SL 1957, ch 122, § 3; SDC Supp 1960, § 27.17A03.
S.D. Codified Laws § 34A-12-15 — SD Code / Title 34A / Chapter 12 / Section 34A-12-15
Deposit of certain moneys in response fund
Status: in_force

All money collected by the department in the enforcement of the provisions of Titles 34A and 45, or in any other action, proceeding or settlement based upon damage to the environment or a violation of the state's environmental laws, excluding criminal proceedings for criminal fines, shall be deposited into the response fund.

Source: SL 1988, ch 291, § 16.
S.D. Codified Laws § 34-48A-19 — SD Code / Title 34 / Chapter 48A / Section 34-48A-19
Mutual aid arrangements with other states and between political subdivisions
Status: in_force

The secretary with the approval of the Governor may enter into mutual aid arrangements with other states and coordinate mutual aid plans between political subdivisions of this state.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (e); SL 1977, ch 271, § 13; SL 2004, ch 17, § 193; SDCL § 33-15-13 .
S.D. Codified Laws § 34-29B-17 — SD Code / Title 34 / Chapter 29B / Section 34-29B-17
Service of order or notice
Status: in_force

Any order or notice issued pursuant to this chapter may be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, first class mail, registered or certified mail. For unattended or abandoned locations, a copy of the order or notice shall be posted on the premises in a conspicuous place at or near the entrance to the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address for the owner, occupant, or both, or any person shown by public record to have a possessory interest.

Source: SL 1991, ch 283, § 18.
S.D. Codified Laws § 34-48A-18 — SD Code / Title 34 / Chapter 48A / Section 34-48A-18
Confidentiality of information
Status: in_force

The information provided pursuant to §§ 34-48A-13 to 34-48A-18 , inclusive, shall remain confidential and may only be used for emergency purposes.

Source: SL 2002, ch 163, § 6; SDCL § 33-15-11.6 .
S.D. Codified Laws § 34A-16-29 — SD Code / Title 34A / Chapter 16 / Section 34A-16-29
Issuance of bonds to pay for closure, postclosure, and contingency costs for responses to releases from facilities or to refund outstanding bonds
Status: in_force

Any county or municipality, by resolution, may authorize the issuance of bonds to provide funds for the closure, postclosure, and contingency costs for solid waste facilities, for responses to releases from solid waste facilities or for refunding any outstanding bonds issued for any such purpose, and may pledge to the payment of the bonds and the interest thereon, its full faith, credit and taxing powers, or the proceeds of any designated tax levies, or any combination thereof. The bonds shall be issued and sold in accordance with the provisions of chapter 6-8B , but no election is required to authorize the issuance of bonds under this section.

Source: SL 1993, ch 259, § 31.
S.D. Codified Laws § 34-20B-91 — SD Code / Title 34 / Chapter 20B / Section 34-20B-91
Enforcement officers exempt from liability
Status: in_force

No liability shall be imposed by virtue of this chapter upon any duly authorized local, state, or federal officer engaged in the enforcement of this chapter, or who shall be engaged in the enforcement of any law or municipal ordinance relating to controlled drugs and substances.

Source: SL 1970, ch 229, § 11 (f) (3); SDCL Supp, § 39-17-142.
S.D. Codified Laws § 34-35-21 — SD Code / Title 34 / Chapter 35 / Section 34-35-21
Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages
Status: in_force

No person may use a firearm target in the Black Hills Forest Fire Protection District if that target is designed to explode upon a bullet's impact. Any violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for any damages caused by a resulting fire. This section does not apply to any target used in a designated shooting range.

Source: SL 2014, ch 172, § 1.
S.D. Codified Laws § 34-29B-22 — SD Code / Title 34 / Chapter 29B / Section 34-29B-22
Board to assist State Fire Marshal
Status: in_force

The board shall advise, aid, and assist the State Fire Marshal in the performance of the duties and functions described in the chapter as directed by the secretary.

Source: SL 1991, ch 283, § 23; SL 2004, ch 17, § 211.
S.D. Codified Laws § 34-11-5 — SD Code / Title 34 / Chapter 11 / Section 34-11-5
Licensure and operation of ambulance--Promulgation of rules
Status: in_force

The department shall promulgate rules, pursuant to chapter 1-26 , relating to the licensure and operation of an ambulance service. The rules must include:

(1) The medical equipment and supplies that must be on board each ambulance;

(2) The maintenance requirements for medical equipment;

(3) Sanitary requirements;

(4) Licensure fees, not to exceed twenty-five dollars; and

(5) Quality assurance program standards.

Source: SL 1974, ch 239, §§ 2, 4 (3); SL 1980, ch 238, § 3; SL 1992, ch 240, § 3; SL 2004, ch 17, § 200; SL 2015, ch 277 (Ex. Ord. 15-1), § 33, eff. Apr. 20, 2015; SL 2016, ch 170, § 2; SL 2024, ch 126, § 7.
S.D. Codified Laws § 34-22-41 — SD Code / Title 34 / Chapter 22 / Section 34-22-41
"Public health emergency" defined
Status: in_force

For the purposes of §§ 34-3-26 , 34-16-22 to 34-16-25 , inclusive, and 34-22-41 to 34-22-44 , inclusive, a public health emergency is an occurrence or imminent threat of an illness, health condition, or widespread exposure to an infectious or toxic agent that poses a significant risk of substantial harm to the affected population.

Source: SL 2002, ch 168, § 1.
S.D. Codified Laws § 34-12-6 — SD Code / Title 34 / Chapter 12 / Section 34-12-6
Amount of license fee--Disposition
Status: in_force

Any application for a license to operate a health care facility must be accompanied by a fee. The annual license fee established for each licensure category of health care facilities is:

(1) For a nursing facility of:

(a) Fifty beds or less, six hundred dollars;

(b) Fifty-one to one hundred beds, inclusive, nine hundred dollars;

(c) One hundred one to one hundred fifty beds, inclusive, one thousand two hundred dollars; and

(d) One hundred fifty-one or more beds, one thousand five hundred dollars;

(2) For an assisted living center of:

(a) Sixteen beds or less, one hundred fifty dollars;

(b) Seventeen to fifty beds, inclusive, three hundred dollars;

(c) Fifty-one to one hundred beds, inclusive, four hundred fifty dollars; and

(d) One hundred one or more beds, six hundred dollars;

(3) For a hospital of:

(a) Twenty-five beds or less, one thousand dollars;

(b) Twenty-six to fifty beds, inclusive, one thousand five hundred dollars;

(c) Fifty-one to one hundred beds, inclusive, two thousand dollars;

(d) One hundred one to one hundred fifty beds, inclusive, three thousand dollars;

(e) One hundred fifty-one to two hundred beds, inclusive, four thousand dollars; and

(f) Two hundred one or more beds, five thousand dollars;

(4) For an ambulatory surgery center, five hundred dollars;

(5) For a chemical dependency treatment facility of:

(a) Sixteen beds or less, one hundred fifty dollars;

(b) Seventeen to fifty beds, inclusive, three hundred dollars; and

(c) Fifty-one or more beds, four hundred fifty dollars;

(6) For an inpatient and residential hospice, two hundred dollars;

(7) For a freestanding emergency medical care facility, five hundred dollars;

(8) For a community living home, one hundred fifty dollars; and

(9) For a rural emergency hospital, five hundred dollars.

No fee may be refunded. All fees received by the Department of Health under the provisions of this chapter must be paid into the general fund.

Source: SL 1945, ch 108, § 4; SL 1947, ch 128; SL 1953, ch 123, § 4; SDC Supp 1960, § 27.1204; SL 1986, ch 278, § 5; SL 1987, ch 252; SL 2009, ch 164, § 1; SL 2017, ch 149, § 2; SL 2017, ch 150, § 2; SL 2022, ch 103, § 2.
S.D. Codified Laws § 34A-6-114 — SD Code / Title 34A / Chapter 6 / Section 34A-6-114
Disposal of certain radionuclides at solid waste facility prohibited
Status: in_force

Radionuclides found in nature, such as radium, thorium, and uranium, that have become concentrated through human activities, and which have been generated during oil and gas production activities with a total laboratory-measured radioactivity level of Radium-226 plus Radium-228 greater than 5 picocuries/gram above the background radioactivity level, are prohibited from being disposed of at any solid waste facility permitted under this chapter. The background radioactivity level is as measured at each individual permitted solid waste facility. All radioactivity levels shall be measured using methods and procedures approved by the Department of Agriculture and Natural Resources.

Source: SL 2013, ch 168, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-29A-6 — SD Code / Title 34 / Chapter 29A / Section 34-29A-6
Commissions issued to special inspectors employed by insurance companies--Examination or previous certification required
Status: in_force

In addition to the deputy boiler inspectors authorized by § 34-29A-4 , the Department of Public Safety shall, upon the request of any company licensed to insure and insuring in this state boilers, issue to any inspectors of said company commissions as special inspectors, provided that each inspector before receiving his commission shall satisfactorily pass the examination provided for by § 34-29A-9 , or, in lieu of the examination, shall hold a commission or a certificate of competency as an inspector of boilers for a state that has a standard of examination substantially equal to that of the State of South Dakota or a commission as an inspector of boilers issued by the National Board of Boiler and Pressure Vessel Inspectors. Each special inspector commission issued by the department shall, unless revoked, remain effective for a period of three years. The department shall issue a new commission as special inspector upon the request of companies specified in this section. Special inspectors are not required to pass the examination provided for by § 34-29A-9 more than once.

Source: SL 1973, ch 229, § 10; SL 1982, ch 18, § 38; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-38-29 — SD Code / Title 34 / Chapter 38 / Section 34-38-29
Spill control to be in accordance with International Fire Code
Status: in_force

Spill control shall be provided in accordance with chapter 57 of the International Fire Code, 2015 edition.

Source: SL 1991, ch 269, § 7; SL 2006, ch 185, § 7; SL 2010, ch 177, § 4; SL 2016, ch 181, § 4.
S.D. Codified Laws § 34-21-27 — SD Code / Title 34 / Chapter 21 / Section 34-21-27
Individual exposure records furnished to employees
Status: in_force

Any person possessing or using a source of ionizing radiation shall furnish to each employee, for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment.

Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107, § 2.
S.D. Codified Laws § 34-22-18 — SD Code / Title 34 / Chapter 22 / Section 34-22-18
Refusal to accept diagnosis or treatment or to follow directives as misdemeanor
Status: in_force

Any person in the state reasonably suspected of having active tuberculosis, middle east respiratory syndrome (MERS), severe acute respiratory syndrome (SARS), smallpox, or viral hemorrhagic fevers, or any disease or condition which is the subject of a declared public health emergency pursuant to § 34-22-42 , shall accept necessary diagnosis or treatment, or both. Any person who intentionally refuses to accept the diagnosis or treatment, or both, or who fails to follow the reasonable and necessary directives of the department issued for the protection of other persons, is guilty of a Class 1 misdemeanor.

Source: SL 1963, ch 380, § 6; SL 1977, ch 190, § 60; SL 2015, ch 181, § 15.
S.D. Codified Laws § 34A-6-1.22 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.22
Notice of violation--Contents
Status: in_force

If the secretary has reason to believe that a violation of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, has occurred, the secretary shall cause written notice to be served personally or by mail upon the alleged violator or the alleged violator's agent. The notice shall state the provision alleged to be violated, the facts alleged to constitute a violation, the nature of any corrective action proposed to be required, and the time within which such action is to be taken. For the purpose of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, service by mail is deemed complete on the date of mailing.

Source: SL 1989, ch 306, § 22; SL 2011, ch 165, § 113.
S.D. Codified Laws § 34-21C-1 — SD Code / Title 34 / Chapter 21C / Section 34-21C-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Facility approved by the state," a facility for which there is a license, permit, letter of agreement, or other means by which the state officially accepts the treatment, storage, recycling, incineration, or disposal method for radioactive materials. Such approval shall include certification by the appropriate state agencies that the facility complies with all applicable state and federal laws and regulations pertaining to radioactive and hazardous materials and wastes, air and water pollution control, and any other environmental and fiscal responsibility laws and regulations; and

(2) "Radioactive materials," any radioactive waste or other radioactive materials resulting from activities of the United States government, including the Nuclear Regulatory Commission, its contractors and licensees, or agreement states, their contractors and licensees, which required regulatory control or a specific license or both as of January 1, 1989, regardless of whether the waste or material has been exempted from regulatory control after that date. Radioactive materials do not include naturally - occurring radionuclides, uranium mill tailings, high - level radioactive waste, or consumer products.

Source: SL 1993, ch 248, § 1.
S.D. Codified Laws § 34-24C-2 — SD Code / Title 34 / Chapter 24C / Section 34-24C-2
Program to provide money to medical institutions--Subsidies based upon income of mammogram recipient--Promulgation of rules
Status: in_force

The Department of Health may establish a program which provides money to medical institutions for mammograms. The grant program shall subsidize mammograms based upon the income of the recipient of the mammogram. The secretary of health shall promulgate rules, pursuant to chapter 1-26 , to establish the application procedure for grants, the income guidelines for those who receive mammograms, and the amount of subsidy.

Source: SL 1991, ch 278, § 2.
S.D. Codified Laws § 34-27-30 — SD Code / Title 34 / Chapter 27 / Section 34-27-30
Rules promulgated by State Historical Society Board of Trustees
Status: in_force

The State Historical Society Board of Trustees shall promulgate rules pursuant to chapter 1-26 :

(1) To establish the persons who may be authorized by the state archaeologist to disturb human skeletal remains and funerary objects and the restrictions under which such persons shall operate; and

(2) To establish procedures to be followed by the state archaeologist in the final disposition of human skeletal remains and funerary objects under § 34-27-31 .

Source: SL 1990, ch 6, § 10; SL 1991, ch 281, § 3E.
S.D. Codified Laws § 34-23A-6 — SD Code / Title 34 / Chapter 23A / Section 34-23A-6
Blood supply and testing facilities to be available during abortion--Inoculations required
Status: in_force

Any abortion performed under the provisions of § 34-23A-4 or 34-23A-5 shall be performed only in a facility which has a blood bank or a sufficient supply of blood immediately available and such facilities shall provide for Rhesus factor (Rh) testing and Rho - gam, Gammulin or any other product of equivalency inoculations shall be required for women undergoing abortion who have the Rh - negative factor.

Source: SL 1973, ch 146, § 3.
S.D. Codified Laws § 34A-2-16 — SD Code / Title 34A / Chapter 2 / Section 34A-2-16
Enforcement of pretreatment standards for industrial users
Status: in_force

The secretary and owners of publicly owned treatment works may enforce pretreatment standards for pollutants introduced into its publicly owned treatment works, pursuant to the compliance and enforcement procedures of this chapter, by industrial users of such treatment works.

Source: SL 1974, ch 287, § 3; SDCL Supp, § 46-25-34.3; SL 1988, ch 285, § 4.
S.D. Codified Laws § 34-45-32 — SD Code / Title 34 / Chapter 45 / Section 34-45-32
Training programs established
Status: in_force

The commission shall establish and maintain 911 telecommunicator basic, advanced, and in - service training programs.

Source: SL 1998, ch 142, § 13.
S.D. Codified Laws § 34A-2-105 — SD Code / Title 34A / Chapter 2 / Section 34A-2-105
Conditions requiring submission of preventative action plan--Contents--Violation
Status: in_force

Whenever the board has established groundwater discharge limitations pursuant to § 34A-2-24 , 34A-2-27 , or 34A-2-36 , and monitoring data indicate that the ambient groundwater quality has been degraded up to one - half of any permitted increase in pollutant concentration above the ambient concentration, the operator shall submit to the board a preventative action plan which includes an analysis of the discharge in relation to the increasing pollutant concentrations and any preventative actions to be taken to ensure that groundwater limitations will not be violated. A violation of this section is subject to § 34A-2-75 .

Source: SL 1989, ch 306, § 40A; SL 1992, ch 158, § 33A.
S.D. Codified Laws § 34-18-10.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-10.1
Review of application--Issuance or refusal to issue license--Reasons for denial--Contest of denial
Status: in_force

The department shall, in the case of every application for licensure, review and ascertain whether the facts set forth in the application are true. The department shall issue a license to the applicant when it is satisfied that the facts set forth in the application are true. The department may refuse to issue a license upon any of the grounds stated in § 34-18-27.1 . Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to chapter 1-26 .

Source: SL 1986, ch 281, § 5.
S.D. Codified Laws § 34-18-22.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-22.1
Fire safety standards for specialty resort with less than ten occupants
Status: in_force

Any specialty resort establishment with less than ten occupants shall meet the following minimum fire safety standards:

(1) Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort, free from obstruction, and clearly marked with illuminated exit signs. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;

(2) There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;

(3) Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and

(4) Portable fire extinguishers with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually.

Source: SL 2005, ch 184, § 1; SL 2008, ch 171, § 1; SL 2011, ch 157, § 1.
S.D. Codified Laws § 34A-2-72 — SD Code / Title 34A / Chapter 2 / Section 34A-2-72
Action in circuit court for immediate restraint of pollution
Status: in_force

In the alternative, upon receipt of evidence that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons or to the welfare of persons where such endangerment to welfare is to the livelihood of such persons, or that a person is violating or threatening to violate any of the provisions of this chapter, the secretary may bring suit on behalf of the state in the circuit court in which the violation is taking place to immediately restrain any person violating or threatening to violate this chapter, or causing or contributing to the alleged pollution, or to take such other action as may be necessary.

Source: SDC 1939, § 61.0115; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0151; SL 1966, ch 260, § 5; SDCL, § 46-25-15; SL 1973, ch 280, § 15; SDCL Supp, § 46-25-88; SL 1988, ch 285, § 32.
S.D. Codified Laws § 34-20B-117 — SD Code / Title 34 / Chapter 20B / Section 34-20B-117
Delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, hexahydrocannabinol--Underage--Penalty
Status: in_force

The following actions are unlawful:

(1) To knowingly sell or distribute a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to a person under the age of twenty-one, unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice;

(2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of, a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol by a person under the age of twenty-one, unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice; and

(3) To purchase a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol on behalf of, or to give a product intended for human consumption containing delta-8 tetrahydrocannabinol, delta-9 tetrahydrocannabinolic acid, THC-O acetate, or hexahydrocannabinol to, any person under the age of twenty-one, unless:

(a) The purchaser is a parent or guardian of the person under the age of twenty-one; and

(b) The substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice.

A violation of subdivision (1) is a Class 1 misdemeanor. A violation of subdivision (2) or (3) is a Class 2 misdemeanor.

Source: SL 2022, ch 111, § 1; SL 2026, ch 151, § 1.
S.D. Codified Laws § 34A-5-33 — SD Code / Title 34A / Chapter 5 / Section 34A-5-33
Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner
Status: in_force

The board of trustees of a sanitary district may sell and convey real property held by a sanitary district, the title to which has been obtained from any source, and which is not required for public purposes and has been or is about to be abandoned for public purposes. The sale and conveyance shall be conducted in accordance with chapter 6-13 . In order to make the sale, the board of trustees may employ real estate agents and incur other necessary expenses.

Any real property which any sanitary district sells under the terms of this section shall first be offered for sale to the prior fee holder or the prior fee holder's heirs or assigns from whom the real property was originally purchased. The prior fee holder, heirs, and assigns have the right of first refusal to purchase the real property at its appraised value.

Source: SL 1975, ch 219; SDCL Supp, § 34-17-26.3; SL 1989, ch 30, § 62; SL 2011, ch 165, § 94.
S.D. Codified Laws § 34-45-20 — SD Code / Title 34 / Chapter 45 / Section 34-45-20
Board duties
Status: in_force

The board shall:

(1) Evaluate all of the current public safety answering points and systems throughout the State of South Dakota for their capability to adequately and efficiently administer systems;

(2) Develop plans for the implementation for a uniform statewide 911 system covering the entire state or so much as is practicable;

(3) Monitor the number and location of public safety answering points or systems and the use of 911 emergency surcharge funds in their administrative and operational budgets;

(4) Develop criteria and minimum standards for operating and financing public safety answering points or systems;

(5) Develop criteria for the eligibility and amount of reimbursement of recurring and nonrecurring costs of public safety answering points or systems;

(6) Develop criteria for the implementation of performance audits of the use of the 911 fees utilized in the operation of the 911 system. The audit shall be conducted by the Department of Legislative Audit and shall be presented to the board and the Legislature;

(7) Report annually by August thirty-first to the Government Operations and Audit Committee about the operations and findings of the board, an assessment of operational efficiencies of each public safety answering point, and any recommendations for changes in the surcharges imposed by this chapter and the distribution of the revenue; and

(8) Report annually to the Governor and the Legislature about the operations and findings of the board and any recommendations for changes to 911 service in the state.

Source: SL 1998, ch 214, § 3; SL 2008, ch 176, § 19; SL 2012, ch 188, § 23; SL 2024, ch 144, § 3.
S.D. Codified Laws § 34-14-1 — SD Code / Title 34 / Chapter 14 / Section 34-14-1
Information obtained in medical studies confidential--Inadmissibility in evidence
Status: in_force

All information, interviews, reports, statements, memoranda, or other data procured by the Department of Health, South Dakota State Medical Association, allied medical societies, or in - hospital staff committees of accredited hospitals in the course of a medical study for the purpose of reducing morbidity or mortality shall be strictly confidential and shall only be used for medical research.

Such information, records, reports, statements, notes, memoranda, or other data, shall not be admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person.

Source: SL 1959, ch 134, §§ 1, 2; SDC Supp 1960, § 27.0117.
S.D. Codified Laws § 34A-11-19 — SD Code / Title 34A / Chapter 11 / Section 34A-11-19
Circuit court action against violator--Injunction
Status: in_force

In lieu of, or in addition to, issuance of a notice of violation and order, the secretary of agriculture and natural resources may bring an action in the circuit court of the county where the violation occurred, or is threatening to occur, for injunctive or other appropriate relief.

Source: SL 1983, ch 262, § 19; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 63, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-2-112 — SD Code / Title 34A / Chapter 2 / Section 34A-2-112
General permit for category of water pollution control--Secretary issued--Terms and conditions--Suspension, revocation or modification--Violation
Status: in_force

After public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the secretary may issue a general permit for a category of water pollution control. A general permit issued by the secretary may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of water pollution control as the secretary finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Water pollution control activities conducted in conformity with a general permit do not require a permit issued under § 34A-2-36 .

A general permit shall remain in effect for a period of five years, or for a period of ten years for a concentrated animal feeding operation that is not required to have a permit under 40 C.F.R. § 122.23(d)(1), as of January 1, 2021, from the date of issuance or until suspended, revoked, or modified by the secretary. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the secretary, and upon action by the secretary in accordance with the contested case provisions of chapter 1-26 , may be removed from the jurisdiction of the general permit and required to obtain an individual permit. Any violation of a condition of a general permit issued pursuant to this section is subject to § 34A-2-75 .

Source: SL 1991, ch 288, § 3; SL 1992, ch 254, § 97; SL 1993, ch 257, § 12; SL 1999, ch 180, § 1; SL 2021, ch 161, § 2.
S.D. Codified Laws § 34-37-16.2 — SD Code / Title 34 / Chapter 37 / Section 34-37-16.2
Certain fireworks permitted all year
Status: in_force

The provisions of §§ 34-37-2 and 34-37-16.1 do not apply to:

(1) Smoke effects if the smoke effects do not fly, travel, or explode;

(2) Single-shot parachute pieces without a flare; or

(3) Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Association Standard 87-1, 2001 edition.

Source: SL 2015, ch 186, § 1; SL 2019, ch 154, § 22, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-31A-21 — SD Code / Title 34 / Chapter 31A / Section 34-31A-21
Certification of budget estimates to county auditor--Tax levy
Status: in_force

The president and secretary shall certify the estimate provided by § 34-31A-20 to the proper county auditor or county auditors, on or before October first of each year. The auditor shall levy a tax not to exceed one dollar per thousand dollars of taxable valuation upon the taxable property within the district for the maintenance of the fire protection district for the fiscal year as provided by law.

Source: SL 1971, ch 208, § 7; SL 1976, ch 224, § 2; SL 1981, ch 265, § 1; SL 1998, ch 212, § 1.
S.D. Codified Laws § 34-21-3 — SD Code / Title 34 / Chapter 21 / Section 34-21-3
Governor's agreement for discontinuance of federal responsibility--Nuclear Regulatory Commission--Conditioned
Status: in_force

The Governor, on behalf of this state, is authorized to enter into agreements with the United States Nuclear Regulatory Commission providing for the discontinuance of certain regulatory authority of the Commission and the assumption thereof by this state, as provided for in 42 U.S.C. § 2021(b) (August 8, 2005). This authority is granted only under the condition that moneys are made available for the establishment of an adequate radiation protection program prior to the signing of this agreement.

Source: SDC Supp 1960, § 27.17A09 as added by SL 1967, ch 107, § 4; SL 2024, ch 141, § 1.
S.D. Codified Laws § 34-28-6 — SD Code / Title 34 / Chapter 28 / Section 34-28-6
Labeling of safety glass--Contents--Visibility--Use prohibited on other materials--Violation as petty offense
Status: in_force

Each lite of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations, or installed in such a location within the State of South Dakota shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot - die stamping, transparent pressure sensitive labels, or by other suitable means. The label shall identify the seller, whether manufacturer, fabricator, or installer, the nominal thickness and the type of safety glazing material, and the fact that said material meets the test requirements of the American National Standards Institute Standard Z-97.1-1972. The label must be legible and visible after installation. Such safety glazing labeling shall not be used on other than safety glazing materials. A violation of this section is a petty offense.

Source: SL 1973, ch 232, § 2; SL 1977, ch 190, § 80.
S.D. Codified Laws § 34-49-16 — SD Code / Title 34 / Chapter 49 / Section 34-49-16
Disclosure of information among secretary, attorney general, and state fire marshal
Status: in_force

For purposes of determining compliance with, and enforcing the provisions of, this chapter, the secretary, the attorney general, and the state fire marshal may disclose to each other any information received under this chapter.

Source: SL 2009, ch 172, § 16, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-6-102.2 — SD Code / Title 34A / Chapter 6 / Section 34A-6-102.2
Actual knowledge of hauler or transporter required
Status: in_force

No hauler or transporter of waste may be prosecuted for unlawful release of medical waste under § 34A-6-102.1 unless the hauler or transporter of waste had actual knowledge that medical waste had been placed in the hauler or transporter's dumpster by another person before the waste was released to the recycling center.

Source: SL 2013, ch 167, § 3.
S.D. Codified Laws § 34-44-5 — SD Code / Title 34 / Chapter 44 / Section 34-44-5
Certificate required of asbestos contractor--Violation as misdemeanor--Civil penalty
Status: in_force

No asbestos contractor may work on an asbestos project unless the asbestos contractor holds a certificate issued by the department under § 34-44-10 . A violation of this section is a Class 1 misdemeanor. In addition any person who violates this section is subject to a civil penalty not to exceed one thousand dollars per day of violation.

Source: SL 1988, ch 284, § 4.
S.D. Codified Laws § 34-26A-25.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-25.1
Records--Period of retention--Inspection
Status: in_force

Any record required in accordance with this chapter:

(1) Must be retained by the crematory for a period of at least seven years; and

(2) May be inspected by the State Board of Funeral Service, during regular business hours.

Source: SL 2023, ch 129, § 24.
S.D. Codified Laws § 34-52-3 — SD Code / Title 34 / Chapter 52 / Section 34-52-3
Provider-patient relationship required--Exceptions
Status: in_force

Any health care professional who utilizes telehealth shall ensure that a proper health provider-patient relationship is established and includes:

(1) Verifying and authenticating the location and, to the extent reasonable, identifying the requesting patient;

(2) Disclosing and validating the health care professional's identity and applicable credentials, as appropriate;

(3) Obtaining appropriate consent for treatment from a requesting patient after disclosure regarding the delivery models and treatment methods or limitations;

(4) Establishing a diagnosis through the use of acceptable medical practices, including patient history, mental status examination, physical examination, and appropriate diagnostic and laboratory testing;

(5) Discussing with the patient the diagnosis and its evidentiary basis and the risks and benefits of various treatment options;

(6) Ensuring appropriate follow-up care for the patient;

(7) Providing a visit summary to the patient or consult note; and

(8) Utilizing technology sufficient to evaluate or diagnose and appropriately treat a patient for the condition as presented in accordance with the applicable standard of care.

Exceptions to the requirements of this section include on-call, cross coverage situations, and consultation with another health care professional who has an ongoing health care provider relationship with the patient and agrees to supervise the patient's care and emergency treatment.

Source: SL 2019, ch 156, § 3; SL 2021, ch 158, § 2.
S.D. Codified Laws § 34-22-19 — SD Code / Title 34 / Chapter 22 / Section 34-22-19
Freedom to select physician or institution preserved--Cases under surveillance of department
Status: in_force

No provision of this chapter may be deemed to bar freedom of any person to seek diagnosis or treatment, or both, by a physician or in an institution of the person's choice, at the person's own expense, or under entitlement by the federal government, medical or hospital insurance contracts, workers' compensation, retirement plans, or the medical care and disability provisions of programs under the supervision of the Department of Social Services. However, all cases of suspected or confirmed tuberculosis or other communicable diseases in the state shall be under the surveillance of the department.

Source: SL 1963, ch 380, § 2; SL 2015, ch 181, § 16.
S.D. Codified Laws § 34A-6-1.14 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.14
Promulgation of rules specifying procedure for permit issuance, amendment, suspension, revocation, and reinstatement--Recommendation of secretary--Notice and hearing
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 to specify the procedure for permit issuance, amendment, suspension, revocation, and reinstatement. The rules shall address application form and contents; application completeness review; departmental investigation and evaluation of applications; the form, content, and method and timing of publication or other service of the notice of application and departmental recommendation; intervention by interested parties; scheduling and conduct of hearings; prehearing discovery; continuances; and other matters as necessary to effectuate the permitting process. The secretary may recommend approval, denial, or approval with such terms, conditions, or modifications as the secretary deems necessary to comply with §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and to protect the public interest. A notice of application and the recommendation of the secretary shall be published in at least one official newspaper of the county in which the facility is located. A hearing may be held only if a petition requesting a hearing is filed by the secretary, any member of the board, the applicant, or an interested person within thirty days after the publication of the notice and recommendation. If a petition for hearing is not timely filed, the recommendation of the secretary becomes the final decision on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with the secretary's recommendation.

Source: SL 1989, ch 306, § 15; SL 1991, ch 288, § 7; SL 2011, ch 165, § 112.
S.D. Codified Laws § 34-12D-29 — SD Code / Title 34 / Chapter 12D / Section 34-12D-29
Licensed health care professional defined
Status: in_force

For the purposes of §§ 34-12D-23 to 34-12D-28 , inclusive, the term, licensed health care professional, means any physician, surgeon, podiatrist, osteopath, physician assistant, nurse, certified nurse practitioner, certified nurse midwife, clinical nurse specialist, certified registered nurse anesthetist, dentist, or pharmacist licensed pursuant to Title 36.

Source: SDCL § 22-16-37.7; SL 2005, ch 120, § 170; SL 2007, ch 193, § 12.
S.D. Codified Laws § 34-44-31 — SD Code / Title 34 / Chapter 44 / Section 34-44-31
Inspection of asbestos abatement project--Entry without notice or warrant--Waiver requirement as condition of certification or approval
Status: in_force

The department may enter any asbestos abatement project during any time the asbestos contractor is conducting activity without notice or warrant for the purpose of inspections to determine compliance with this chapter. All records and documents necessary to determine compliance with this chapter shall be made available upon request without warrant to the department or its representative. The department shall require any person certified or approved under this chapter, as a condition of such certification or approval, to execute a waiver of any state or federal right relating to notice, hearing, or warrant regarding the inspections allowed by this section.

Source: SL 1988, ch 284, § 29.
S.D. Codified Laws § 34-20A-70 — SD Code / Title 34 / Chapter 20A / Section 34-20A-70
Petition for involuntary commitment--Appointment of attorney for applicant--Procedure--Grounds
Status: in_force

A person may be committed by the circuit court upon the petition of the person's spouse or guardian, a relative, a physician, the administrator of any approved treatment facility, or any other responsible person. Any person applying for commitment shall do so to the circuit court through the clerk of courts of the county in which the person to be committed resides or is present. The circuit court judge, upon receipt of a written application prepared by the clerk of courts, shall appoint an attorney to represent the applicant. The appointed attorney shall investigate the grounds upon which the application is based and shall within five days, excluding Saturdays, Sundays, and legal holidays, submit a written report to the circuit court as to whether probable cause exists that the person subject of the petition is an alcoholic or drug abuser. All information obtained as a result of the investigation and written report shall be documented and made a part of the record of any further proceedings. The petition shall allege that the person is an alcoholic or drug abuser who habitually lacks self - control as to the use of alcoholic beverages or other drugs and:

(1) Has threatened, attempted, or inflicted physical harm on himself or herself or on another and that unless committed is likely to inflict harm on himself or herself or on another; or

(2) Is incapacitated by the effects of alcohol or drugs; or

(3) Is pregnant and abusing alcohol or drugs.

A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.

Source: SL 1974, ch 240, § 12 (a); SL 1985, ch 277, § 22; SL 1998, ch 207, § 1; SL 2023, ch 117, § 6.
S.D. Codified Laws § 34A-13-8.1 — SD Code / Title 34A / Chapter 13 / Section 34A-13-8.1
Reimbursement by fund for corrective action costs--Limitation--Costs for releases
Status: in_force

The fund may provide reimbursement of reasonable and necessary costs to an eligible covered party for an approved corrective action in excess of ten thousand dollars and not to exceed one million dollars for releases reported after April 1, 1988. Costs incurred for releases reported prior to April 1, 1988, are eligible for reimbursement only to the extent the costs were incurred after that date. Reimbursement to an eligible covered party may not exceed one million nine hundred ninety thousand dollars within any fiscal year as provided in § 4-10-10 . Reimbursement may include costs of an approved corrective action and third - party claims for releases reported after April 1, 1990. Reimbursement may not exceed the reasonable and necessary costs of cleanup under the risk - based cleanup method approved by the water management board pursuant to subdivisions 34A-2-93(13) and 34A-2-99(4).

Source: SL 1992, ch 260, § 5; SL 1995, ch 204, § 3.
S.D. Codified Laws § 34-23B-4 — SD Code / Title 34 / Chapter 23B / Section 34-23B-4
Toll-free information line
Status: in_force

The Department of Health and the Department of Social Services shall maintain a toll-free information line for the purpose of providing information on resources for substance abuse treatment and for assisting with referral for substance abusing pregnant women.

Source: SL 1993, ch 252, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 34-12-11.1 — SD Code / Title 34 / Chapter 12 / Section 34-12-11.1
Disclosure of public reimbursement rates required of nursing homes and related institutions
Status: in_force

All nursing homes, homes for the aged, and related institutions shall disclose all reimbursement rates established by the Department of Social Services under the medical assistance program upon request of any person.

Source: SDCL, § 34-12-7 as added by SL 1978, ch 248; SL 1980, ch 238, § 21.
S.D. Codified Laws § 34-26A-3 — SD Code / Title 34 / Chapter 26A / Section 34-26A-3
Crematory operator--Licensed and certified--Certification requirements
Status: in_force

The operation of any crematory in this state, other than a medical facility crematory, must at all times be under the direction and supervision of a person who:

(1) Is licensed as a funeral director, in accordance with chapter 36-19 ; and

(2) Has successfully completed a crematory operator program approved by the State Board of Funeral Service .

Source: SL 1988, ch 283, § 3; SL 2014, ch 170, § 1; SL 2023, ch 129, § 3.
S.D. Codified Laws § 34-25-9.2 — SD Code / Title 34 / Chapter 25 / Section 34-25-9.2
Birth certificate signed by parents or informant
Status: in_force

Either of the parents of the child shall sign a document attesting to the accuracy of the personal data entered on it. If the parents are unable to sign, the document shall be signed by the informant.

Source: SL 1972, ch 194, § 10; SL 1995, ch 196, § 4.
S.D. Codified Laws § 34-45-31 — SD Code / Title 34 / Chapter 45 / Section 34-45-31
Creation of a 911 telecommunicator training fund
Status: in_force

There is hereby created within the state treasury the 911 telecommunicator training fund into which shall be deposited moneys as provided by § 23-3-53 . All moneys in the fund created by this section are continuously appropriated for the purposes of training and certifying of 911 telecommunicators. The Division of Criminal Investigation shall authorize disbursements from the fund.

Source: SL 1998, ch 142, § 11.
S.D. Codified Laws § 34A-13-8.5 — SD Code / Title 34A / Chapter 13 / Section 34A-13-8.5
Reimbursement to covered party
Status: in_force

Reimbursement from the fund may be made to a covered party only if:

(1) The department and fund were given notice of the release as provided by rule;

(2) At the time the release was discovered, the tank or other container was in substantial compliance with state rules and federal regulations applicable to the tank or other container;

(3) The tank was used primarily or exclusively to contain petroleum;

(4) The covered party applying to the fund, if subject to the tank inspection fee established in this chapter, has paid the fee and is current, or the petroleum involved in the release was supplied by a person who is subject to the tank inspection fee, or the release site is determined to be an abandoned site;

(5) The covered party has satisfied the deductible;

(6) The covered party is cooperating with the director and department in responding to the release;

(7) In a corrective action, the covered party has received funding approval for a site assessment plan from the director prior to incurring costs for the assessment except as provided in § 34A-13-9.1 ;

(8) In a corrective action, the covered party has conducted a site assessment, except as provided in § 34A-13-9.1 ;

(9) In a corrective action, the covered party has submitted a corrective action plan and the director has authorized funding prior to the incurring of costs under the plan except as provided in § 34A-13-9.1 ;

(10) In a corrective action, if the department has declared that an emergency exists and immediate abatement is necessary as provided in § 34A-13-4 , even though the requirements of subdivisions (7), (8), and (9) of this section are not met until the factors causing the emergency have been addressed to the satisfaction of the department; and

(11) The covered party has submitted his claim on forms provided by the fund and has supplied the information in the manner required by the fund.

Source: SL 1992, ch 260, § 9.
S.D. Codified Laws § 34A-2-14 — SD Code / Title 34A / Chapter 2 / Section 34A-2-14
Pretreatment standards for industrial users of inadequate public treatment works--Violation
Status: in_force

The board shall promulgate rules pursuant to chapter 1-26 governing pretreatment standards to be applied against industrial users of publicly owned treatment works for the introduction of pollutants into publicly owned treatment works which interfere with, pass through, or otherwise are incompatible with such treatment works. A violation of rules promulgated pursuant to this section is subject to § 34A-2-75 .

Source: SL 1974, ch 287, § 1; SDCL Supp, § 46-25-34.1; SL 1988, ch 285, § 2; SL 1992, ch 158, § 17A.
S.D. Codified Laws § 34-12-38 — SD Code / Title 34 / Chapter 12 / Section 34-12-38
Interest of Department of Social Services in funds of deceased resident receiving medical assistance
Status: in_force

Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility may not release or transfer any property under § 34-12-15.10 until it has determined that the Department of Social Services has no interest in or right to the property. The department shall file an affidavit pursuant to § 29A-3-1201 to establish its right to recover such funds.

Source: SL 1994, ch 229, § 12; SL 1995, ch 167, § 183.
S.D. Codified Laws § 34-20B-58 — SD Code / Title 34 / Chapter 20B / Section 34-20B-58
County and municipal funds authorized
Status: in_force

The governing bodies of the several counties and municipalities in the state are hereby authorized to establish funds and make appropriations thereto for the purpose of enforcing the provisions of this chapter.

Source: SL 1970, ch 229, § 13; SDCL Supp, § 39-17-119.
S.D. Codified Laws § 34-29A-27 — SD Code / Title 34 / Chapter 29A / Section 34-29A-27
Inspection of new boilers during construction--Construction outside state for use within state
Status: in_force

All boilers, other than cast iron sectional boilers, installed in this state after June 30, 1974, shall be inspected during construction as required by the applicable rules and regulations of the Department of Public Safety by an inspector authorized to inspect boilers in this state, or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors.

Source: SL 1973, ch 229, § 14; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-9-7.1 — SD Code / Title 34 / Chapter 9 / Section 34-9-7.1
County aid in operation of hospital established by first or second class municipality
Status: in_force

Whenever a first or second class municipality has established a hospital as provided by § 34-9-5 , and without regard to whether a county has participated in the cost of its construction as provided in § 34-9-5 , the board of county commissioners may, by appropriate resolution, render financial aid to such first or second class municipality for the cost of equipment, operation, and maintenance of such hospital. The term "hospital" as used in this section shall not include a nursing facility or a home for the aged.

Source: SL 1971, ch 201, § 2; SL 1971, ch 202, § 2; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-1-40 — SD Code / Title 34A / Chapter 1 / Section 34A-1-40
Investigations on board's own initiative--Petition by local board or electors
Status: in_force

The board may upon its own initiative cause to be investigated the alleged pollution of the air or any other violation of this chapter including the violation of any regulations issued pursuant to this chapter, or such investigation shall be made upon the verified petition of the governing body of any municipality or any municipal or county board of health or any fifteen electors of the state.

Source: SDCL, § 34-16A-11 as added by SL 1971, ch 204, § 1; SDCL Supp, § 34-16A-44.1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-34A-20 — SD Code / Title 34 / Chapter 34A / Section 34-34A-20
Severability of provisions
Status: in_force

If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

Source: SL 1973, ch 216, § 17.
S.D. Codified Laws § 34-46-23 — SD Code / Title 34 / Chapter 46 / Section 34-46-23
Cigar bar license--Application--Alcoholic beverage license required--Hearing--Decision by governing body
Status: in_force

A person may apply to a county or municipality for a license to operate a cigar bar on the same premises as an establishment licensed under subdivision 35-4-2 (4), (6), (12), or (16).

The governing body of the county or municipality shall hold a public hearing and make a final decision on the application for a license to operate a cigar bar in the same manner utilized for an on-sale license application pursuant to § 35-2-1.2 .

Source: SL 2026, ch 154, § 2.
S.D. Codified Laws § 34-1-21 — SD Code / Title 34 / Chapter 1 / Section 34-1-21
Participation in and administration of federal health programs under Social Security Act--Discrimination among schools of medicine prohibited
Status: in_force

It shall be the duty of the Department of Health and said department is hereby empowered and directed to adopt such rules and regulations as are necessary to participate with the government of the United States in the administration of Title V of the Federal Social Security Act relating to services for crippled children and to maternal and child health services. The Department of Health is hereby designated as the sole state agency within the State of South Dakota to receive and administer and disburse federal appropriations, benefits, grants, and allotments made available to the state under said federal statute together with such funds as may be made available by the state. Said Department of Health is empowered, subject to chapter 1-26 , to adopt all rules and regulations and make such orders and findings of fact as are appropriate or necessary to conform to the federal rules and regulations promulgated for the purpose of administering the activities referred to in said federal act and to conform to the rules and regulations of the federal agencies. Whenever the provision of medicinal care or the appointment of physicians shall be contemplated under this section, no standards for service or eligibility for appointment shall give any preference to graduates of any particular school of medicine.

Source: SL 1937, ch 231; SDC 1939, § 27.0104 (4); SL 1949, ch 105, § 5; SDC Supp 1960, § 27.0104 (8); SL 1972, ch 15, §§ 3, 4.
S.D. Codified Laws § 34-20G-55 — SD Code / Title 34 / Chapter 20G / Section 34-20G-55
Application for medical cannabis establishment--Contents and conditions--Time for registration
Status: in_force

(1) The prospective medical cannabis establishment has submitted all of the following:

(a) The application fee;

(b) An application, including:

(i) The legal name of the prospective medical cannabis establishment;

(ii) The physical address of the prospective medical cannabis establishment that is not within one thousand feet of a public or private school existing before the date of the medical cannabis establishment application;

(iii) The name and date of birth of each principal officer and board member of the proposed medical cannabis establishment; and

(iv) Any additional information requested by the department;

(c) Operating procedures consistent with rules for oversight of the proposed medical cannabis establishment, including procedures to ensure accurate record keeping and adequate security measures;

(d) If the city or county where the proposed medical cannabis establishment would be located has enacted zoning restrictions, a sworn statement certifying that the proposed medical cannabis establishment does not violate the restrictions;

(e) If the city or county where the proposed medical cannabis establishment requires a local registration, license, or permit, a copy of the registration, license, or permit;

(2) None of the principal officers or board members has served as a principal officer or board member for a medical cannabis establishment that has had its registration certificate revoked;

(3) None of the principal officers or board members is under twenty-one years of age; and

(4) At least one principal officer is a resident of this state.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-20A-103 — SD Code / Title 34 / Chapter 20A / Section 34-20A-103
Immunity from civil liability for injuries or death associated with administration of opioid antagonists
Status: in_force

A physician who issues a standing order under the rules established pursuant to § 34-20A-102 , a first responder acting under a standing order who administers an opioid antagonist in good faith compliance with the protocols for administering an opioid antagonist, and the first responder's employer, are not civilly liable for injuries, and may not be held to pay damages to any person, or the person's parents, siblings, children, estate, heirs, or devisees, for injuries or death associated with the administration of an opioid antagonist.

Source: SL 2015, ch 179, § 6.
S.D. Codified Laws § 34-20A-57 — SD Code / Title 34 / Chapter 20A / Section 34-20A-57
Law enforcement authorities not criminally or civilly liable for protective custody actions
Status: in_force

Law enforcement authorities who act in compliance with §§ 34-20A-55 , 34-20A-56 , and 34-20A-66 are acting in the course of their official duty and are not criminally or civilly liable therefor.

Source: SL 1974, ch 240, § 10 (g); SL 1986, ch 283, § 1; SL 2022, ch 108, § 4.
S.D. Codified Laws § 34-18-22.3 — SD Code / Title 34 / Chapter 18 / Section 34-18-22.3
Fire safety standards for vacation home establishments
Status: in_force

Any vacation home establishment shall meet the following minimum fire safety standards:

(1) Each floor where ten or more occupants are sleeping shall have access to at least two remote exits;

(2) Any primary exit that leads to the exterior of the structure shall be capable of unlocking from the interior without the use of a key or special knowledge or effort and free from obstruction. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement;

(3) There shall be a smoke detector in each sleeping room. The owner or manager shall test any battery operated smoke detector at least twice a year;

(4) Any sleeping room shall be equipped with an operable egress window. Any sleeping room with a direct exit to the exterior of the building is exempt from this requirement; and

(5) A portable fire extinguisher with a minimum 2-A rating shall be made available on each floor and shall be inspected and tagged annually.

Source: SL 2008, ch 172, § 2; SL 2011, ch 157, § 3.
S.D. Codified Laws § 34A-16-48 — SD Code / Title 34A / Chapter 16 / Section 34A-16-48
Entrance upon public and private lands to determine suitability of potential landfill site
Status: in_force

A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of obtaining information essential to the investigation and analysis, including conducting soil and subsurface geological sampling and survey. This section may not be construed to permit entry into any enclosed structure. The district shall compensate the owner, or any person entitled to compensation, for any damage to the property caused by the entrance and investigation activity. No entry upon private property may be made pursuant to this section against the expressed refusal of consent by the owner or person in rightful possession of the property without the aid of an order of the circuit court authorizing such entry. Upon application by the district, the circuit court may enter its order authorizing entry upon the private property, if such order is entered after notice of hearing on the application is provided to the property owner or person in rightful possession as may be required by the court, and if upon such hearing the circuit court finds that reasonable and justifiable cause exists for the entry upon the private property for the investigative purposes authorized by this section.

Source: SL 1993, ch 259, § 49A.
S.D. Codified Laws § 34-14-5 — SD Code / Title 34 / Chapter 14 / Section 34-14-5
Physician's consent required for research interviews
Status: in_force

No patient, or patient's relatives, or patient's friends named in any medical study, shall be interviewed for the purpose of such study unless consent of the attending physician and surgeon is first obtained.

Source: SL 1959, ch 134, § 4; SDC Supp 1960, § 27.0117.
S.D. Codified Laws § 34-21-20 — SD Code / Title 34 / Chapter 21 / Section 34-21-20
Registration or licensing required for handling of radioactive materials--Misdemeanor--Exemption of materials without hazard
Status: in_force

It is a Class 1 misdemeanor for any person to produce radiation, or to produce, transport, transfer, receive, acquire, possess, use, store, or dispose of radioactive materials, unless the person registers in writing with the secretary or obtains a license from the secretary in accordance with the procedures prescribed by such secretary. The secretary may exempt from registration or licensing radiation machines or radioactive materials known to be without hazard.

Source: SL 1957, ch 122, § 5; SDC Supp 1960, § 27.17A05; SL 1967, ch 107, § 3; SL 1977, ch 190, § 53.
S.D. Codified Laws § 34-8A-3 — SD Code / Title 34 / Chapter 8A / Section 34-8A-3
Reimbursement terms set forth when loan negotiated
Status: in_force

The board of county commissioners and/or local governing body shall set forth at the time of the negotiation of the contract for grant or loan, the time and method of reimbursement, if any, to the appropriate fund, by the individual or individuals, who will provide professional medical services.

Source: SL 1973, ch 43, § 3.
S.D. Codified Laws § 34-9-12 — SD Code / Title 34 / Chapter 9 / Section 34-9-12
Conditions for transfer of municipal property to corporation
Status: in_force

No transfer of property shall be made pursuant to § 34-9-11 except under the conditions as set forth in subdivisions 34-9-10(1) and (3).

Source: SL 1972, ch 191.
S.D. Codified Laws § 34-23A-1.3 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1.3
Legislative findings--Relationship between pregnant woman and unborn child
Status: in_force

The Legislature finds that there is an existing relationship between a pregnant woman and her unborn child during the entire period of gestation.

Source: SL 2005, ch 186, § 2.
S.D. Codified Laws § 34-23A-58.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-58.1
Certification of conditions by pregnancy help centers
Status: in_force

On or before January 2, 2013, each pregnancy help center which has been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, as a condition to remain on the state registry of pregnancy help centers, shall submit a supplemental affidavit that certifies that:

(1) It has available either on staff, or pursuant to a collaborative agreement, a licensed counselor, or licensed psychologist, or licensed certified social worker, or licensed social worker, or licensed nurse, or licensed marriage and family therapist, or licensed physician, to provide the counseling related to the assessment for coercion and the associated imparting of information described in §§ 34-23A-53 to 34-23A-59.2 , inclusive; and

(2) It shall strictly adhere to the confidentiality requirements set forth in §§ 34-23A-53 to 34-23A-59.2 , inclusive.

Source: SL 2012, ch 186, § 4; SL 2016, ch 179, § 1.
S.D. Codified Laws § 34-49-1 — SD Code / Title 34 / Chapter 49 / Section 34-49-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Brand family," all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s. "Brand family" includes cigarettes sold under a brand name, whether that name is used alone, or in conjunction with any other word, trademark, logo, symbol, motto, selling message, recognizable pattern or colors, or other indicia of product identification identical or similar to, or identifiable with, a previous brand of cigarette;

(2) "Cigarette," any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette, including cigarettes made by a roll-your-own machine as described in § 10-50-105 ;

(3) "Dealer," or "retailer," any person other than a distributor or wholesaler who is engaged in this state in the business of selling cigarettes or tobacco products at retail;

(4) "Distributor," any person engaged in this state in the business of producing or manufacturing cigarettes, or importing into the state cigarettes, at least seventy-five percent of which are purchased directly from the manufacturers thereof;

(5) "Manufacturer," any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that the manufacturer intends to be sold in this state, including cigarettes intended to be sold in the United States through an importer or any entity that becomes a successor of a manufacturer. The term includes any person deemed to be a manufacturer pursuant to § 10-50-105 ;

(6) "Person," any individual, firm, fiduciary, partnership, limited liability company, corporation, trust, or association;

(7) "Quality control and quality assurance program," the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in § 34-49-2 for all test trials used to certify cigarettes in accordance with this chapter;

(8) "Repeatability," the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;

(9) "Sale," any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefor. In addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money, are considered sales;

(10) "Secretary," the secretary of revenue;

(11) "Sell," to sell, or to offer or agree to do the same;

(12) "State fire marshal," the state fire marshal designated pursuant to chapter 34-29B .

Source: SL 2009, ch 172, § 1, eff. Jan. 1, 2011; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2014, ch 65, § 9.
S.D. Codified Laws § 34-12D-1 — SD Code / Title 34 / Chapter 12D / Section 34-12D-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Attending physician," the physician who has primary responsibility for the treatment and care of the patient;

(2) "Declaration," a writing executed in accordance with the requirements of § 34-12D-2 ;

(3) "Health care provider," any licensed health care facility or any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care;

(4) "Life-sustaining treatment," any medical procedure or intervention that, when administered to a patient, will serve only to postpone the moment of death or to maintain the patient in a condition of permanent unconsciousness. The term does not include the provision of appropriate care to maintain comfort, hygiene and human dignity, the oral administration of food and water, or the administration of any medication or other medical procedure deemed necessary to alleviate pain;

(5) "Person," an individual, corporation, business trust, estate, trust, limited liability company, partnership, association, joint venture, government, governmental subdivision, or agency, or any other legal or commercial entity;

(6) "Physician," an individual licensed to practice medicine in this state;

(7) "Terminal condition," an incurable and irreversible condition such that, in accordance with accepted medical standards, death is imminent if life-sustaining treatment is not administered, or a coma or other condition of permanent unconsciousness that, in accordance with accepted medical standards, will last indefinitely without significant improvement and in which the individual is unable to communicate verbally or nonverbally, demonstrates no purposeful movement or motor ability, and is unable to interact purposefully with environmental stimulation.

Source: SL 1991, ch 273, § 1; SL 1994, ch 351, § 57; SL 2007, ch 193, § 1.
S.D. Codified Laws § 34A-6-109 — SD Code / Title 34A / Chapter 6 / Section 34A-6-109
Scrap metal business--Recordkeeping requirements
Status: in_force

Each scrap metal business shall keep records of each transaction involving the purchase of nonferrous metal property that exceeds one hundred dollars, provided that records of any transaction involving a detached catalytic converter must be kept regardless of purchase price. The scrap metal business shall be able to produce an accurate and legible record of each transaction involving nonferrous metal property at the location where the scrap metal is purchased. The records shall contain the following:

(1) Date, location, and value of the transaction;

(2) Signature of the person selling the nonferrous metal property;

(3) Name, street address, city, and state of the seller;

(4) Photocopy of the seller's current driver license or other government issued picture identification card;

(5) A description of the predominant types of nonferrous metal property involved in the transaction, including the weight, quantity, or volume of the scrap nonferrous metal; and

(6) Name of the employee representing the scrap metal business in the transaction.

Source: SL 2008, ch 179, § 2; SL 2019, ch 161, § 1; SL 2022, ch 139, § 2.
S.D. Codified Laws § 34-12B-5 — SD Code / Title 34 / Chapter 12B / Section 34-12B-5
Nursing facility prohibited from providing exclusive services to pharmacy
Status: in_force

No nursing facility or nursing facility administrator shall provide services to a pharmacy or pharmacist that is not also made available to all pharmacies or pharmacists providing drugs or medicines to said nursing facility or its residents or patients. A violation of this section is a Class 1 misdemeanor.

Source: SL 1975, ch 225, § 6; SL 1977, ch 190, § 19.
S.D. Codified Laws § 34-50-2 — SD Code / Title 34 / Chapter 50 / Section 34-50-2
Confidentiality of interview, meeting, conference, or on-site intervention
Status: in_force

Except as provided for in § 34-50-3 and notwithstanding any other law, an interview, meeting, conference, or on-site intervention in which critical incident stress management services are provided shall be:

(1) Closed to the general public; and

(2) Closed to any person who was not directly involved in the critical incident or the critical incident stress management.

Source: SL 2015, ch 187, § 2.
S.D. Codified Laws § 34-20G-18 — SD Code / Title 34 / Chapter 20G / Section 34-20G-18
Unauthorized conduct
Status: in_force

This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal, or other penalty for engaging in, the following conduct:

(1) Undertaking any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice;

(2) Possessing cannabis or otherwise engaging in the medical use of cannabis in any correctional facility;

(3) Smoking or vaping cannabis:

(a) On any form of public transportation;

(b) In any public place or any place that is open to the public; or

(c) If under the age of twenty-one;

(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, train, or motorboat while under the influence of cannabis; or

(5) Performing any safety-sensitive job under the influence of cannabis.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, § 2.
S.D. Codified Laws § 34-44-14 — SD Code / Title 34 / Chapter 44 / Section 34-44-14
Issuance of worker certificate--Training course
Status: in_force

The department shall issue an asbestos abatement certificate to a worker who successfully completes an asbestos abatement training course approved by the department.

Source: SL 1988, ch 284, § 12.
S.D. Codified Laws § 34-20-15 — SD Code / Title 34 / Chapter 20 / Section 34-20-15
Rodenticides and insecticides misbranded if not labeled as poison
Status: in_force

Any mouse, rat, gopher, rodent, insect, or other poison or preparation intended for use in destroying the life of lower animals which is also poisonous to human beings shall be considered misbranded also if the label or package shall fail to bear the word, poison, in capital letters not less than one - fourth inch in height printed in red ink, together with the figure of the skull and crossbones.

Source: SL 1935, ch 114, § 2; SDC 1939, § 22.1203.
S.D. Codified Laws § 34-28-3 — SD Code / Title 34 / Chapter 28 / Section 34-28-3
Abandonment of air-tight refrigerator or other furniture as misdemeanor
Status: in_force

Any person, firm, or corporation abandoning or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox, or other article having a compartment of a capacity of one and one - half cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside, or who being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition is guilty of a Class 2 misdemeanor.

Source: SL 1955, ch 33; SDC Supp 1960, § 13.1626; SL 1977, ch 190, § 78.
S.D. Codified Laws § 34-37-10.2 — SD Code / Title 34 / Chapter 37 / Section 34-37-10.2
Exits from structures where fireworks sold--Violation as misdemeanor
Status: in_force

If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation of this section is a Class 1 misdemeanor.

For the purposes of this section, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be able to be opened from the inside without the use of a key or any special knowledge or effort.

Source: SL 1971, ch 207, § 3; SL 1998, ch 213, § 7; SL 2019, ch 154, § 10, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-10-21 — SD Code / Title 34 / Chapter 10 / Section 34-10-21
Tax levy for retirement of bonds
Status: in_force

At the time bonds are issued pursuant to § 34-10-16 the trustees shall by resolution provide for the levy of an irrepealable tax upon all of the property within the hospital district for the years and in the amounts, sufficient to pay the principal and interest when due, without limitations as to rate or amount and it shall be the duty of the board or boards of county commissioners to cause the levy to be made each year until the bonds are fully paid. All moneys received from the levies shall be used only for the retirement of bonds until the same are fully paid.

Source: SL 1959, ch 135, § 12; SDC Supp 1960, § 27.19B12; SL 1984, ch 43, § 117A.
S.D. Codified Laws § 34A-11-16 — SD Code / Title 34A / Chapter 11 / Section 34A-11-16
Inspection of facilities and records--Monitoring equipment--Reports
Status: in_force

The secretary of agriculture and natural resources may:

(1) Enter and have access at reasonable times to any facility used for generation, transportation, treatment, storage, or disposal of hazardous waste and monitoring equipment related thereto;

(2) Inspect and obtain samples from any person of any hazardous wastes or suspected hazardous wastes, and of any containers or labeling for such wastes; a receipt for any samples and a copy of any analysis performed shall be provided to the owner or operator;

(3) Inspect and copy any records relating to any known or suspected or hazardous wastes;

(4) Require the installation and use of monitoring equipment or methods necessary to ensure compliance with this chapter;

(5) Require the preparation and submission of reports or other information by any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes.

Source: SL 1983, ch 262, § 16; SL 2005, ch 10, § 29; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-22-12.4 — SD Code / Title 34 / Chapter 22 / Section 34-22-12.4
Compliance with reporting requirements--Liability
Status: in_force

Any person who in good faith complies with the reporting requirements of § 34-22-12 is immune from civil and criminal liability for such action taken in compliance with the provisions of § 34-22-12 . Compliance by a person or facility with the reporting requirements of § 34-22-12 fulfills any duty of such person or facility to protect the public health.

Source: SL 1989, ch 296, § 4.
S.D. Codified Laws § 34A-2-26 — SD Code / Title 34A / Chapter 2 / Section 34A-2-26
Biennial review of decisions to allow discharge waste
Status: in_force

A decision issued pursuant to § 34A-2-24 shall be reviewed at least every two years.

Source: SL 1973, ch 280, § 8 (2); SDCL Supp, § 46-25-44; SL 1988, ch 285, § 6.
S.D. Codified Laws § 34A-1-46 — SD Code / Title 34A / Chapter 1 / Section 34A-1-46
Hearing requested on emergency order--Action by board
Status: in_force

Upon the request for a hearing by any person or persons named in an order served pursuant to § 34A-1-45 , the secretary shall proceed under chapter 1-26 . Following the completion of such proceedings, the board shall affirm, modify or set aside the order of the secretary.

Source: SL 1970, ch 203, § 11; SDCL Supp, § 34-16A-51; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-3A-14 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-14
Application to public water systems
Status: in_force

This chapter applies to each public water system unless the system consists only of distribution and storage facilities; obtains all of its water from, but is not owned or operated by a public water system to which this chapter applies; does not sell water to any person; and is not a carrier which conveys passengers in interstate commerce.

Source: SL 1983, ch 260, § 14.
S.D. Codified Laws § 34A-9-9 — SD Code / Title 34A / Chapter 9 / Section 34A-9-9
Filing of impact statement and comments before taking action--Responses to comments
Status: in_force

The environmental impact statement, prepared pursuant to § 34A-9-4 , together with the comments of public and federal agencies and members of the public, shall be filed with the office of the secretary and made available to the public at least thirty days prior to taking agency action on the proposal which is the subject of the environmental impact statement. Such a statement shall also include copies or a summary of the substantive comments received by the agency pursuant to § 34A-9-8 , and the agency response to such comments.

Source: SL 1974, ch 245, §§ 2, 4; SDCL Supp, § 11-1A-9.
S.D. Codified Laws § 34-23-2 — SD Code / Title 34 / Chapter 23 / Section 34-23-2
Reports of cases required of physicians and institutions--Information confidential
Status: in_force

Any physician or other person who makes a diagnosis in or treats a case of venereal disease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is a case of venereal disease shall make a report of such case to the health authorities in such form and manner as the State Department of Health shall direct. The identity of any individual appurtenant to an investigation conducted pursuant to a report of a venereal disease shall be maintained in strictest confidence within the venereal disease control system, and any information obtained from that individual may not be disclosed in any action in any court or before any tribunal, board, or agency.

Source: SL 1919, ch 284, § 2; SDC 1939, § 27.2402; SL 1978, ch 252.
S.D. Codified Laws § 34-52-5 — SD Code / Title 34 / Chapter 52 / Section 34-52-5
Face-to-face examination using real-time audio and visual technology
Status: in_force

A health care professional using telehealth to provide medical care to any patient located in the state shall provide an appropriate face-to-face examination using real-time audio and visual technology prior to diagnosis and treatment of the patient, if a face-to-face encounter would otherwise be required in the provision of the same service not delivered via telehealth.

Source: SL 2019, ch 156, § 5.
S.D. Codified Laws § 34-21-14 — SD Code / Title 34 / Chapter 21 / Section 34-21-14
Incidental powers of agency
Status: in_force

The agency may exercise all incidental powers necessary to carry out the purposes of this chapter.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (10); SL 1967, ch 107, § 2.
S.D. Codified Laws § 34-18-23 — SD Code / Title 34 / Chapter 18 / Section 34-18-23
Notice to department of construction and alteration of establishments
Status: in_force

The department shall be notified thirty days prior to initiating construction of new lodging establishments, campgrounds, food service establishments, mobile food service establishments, or permanent additions, alterations, or modification of existing structures. Owners of temporary food service establishments shall give notice to the department as may be prescribed by the department for any new construction, alteration, or modification of existing structures. Such notifications shall be made by the owner for the purpose of permitting a review of features having public health and safety significance.

Source: SL 1963, ch 158, § 16; SL 1970, ch 199, § 12.
S.D. Codified Laws § 34-48A-4 — SD Code / Title 34 / Chapter 48A / Section 34-48A-4
Employment of personnel--Expenditures
Status: in_force

The secretary of public safety may employ technical, clerical, stenographic, and other personnel pursuant to chapter 3-6D . The secretary may make expenditures from the funds made available to the secretary for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

Source: SL 1949, ch 236, § 4; SL 1951, ch 285, § 4; SDC Supp 1960, § 41.01C04 (2); SL 1977, ch 271, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 109; SDCL § 33-15-5 ; SL 2018, ch 12, § 14.
S.D. Codified Laws § 34-11A-16 — SD Code / Title 34 / Chapter 11A / Section 34-11A-16
General powers of directors
Status: in_force

The board of directors has the following general powers:

(1) To determine upon a general ambulance service program for the district;

(2) To manage and conduct the business affairs of the district;

(3) To make and execute contracts in the name of and on behalf of the district;

(4) To purchase or lease such ambulance equipment, supplies, and other real or personal property as may be necessary to carry out the ambulance service program of the district;

(5) To incur indebtedness on behalf of the district within the limits prescribed by § 34-11A-24 , and to authorize the issuance of evidences of the indebtedness permitted under this subdivision, and to pledge any real or personal property owned or acquired by the district as security;

(6) To organize, establish, equip, maintain, and supervise an ambulance service to serve the district;

(7) Generally to perform all acts necessary to fully carry out the purposes of this chapter; and

(8) To levy a tax and a special assessment as provided by this chapter.

Source: SL 1982, ch 259, § 16; SL 2000, ch 166, § 1.
S.D. Codified Laws § 34A-5-28.1 — SD Code / Title 34A / Chapter 5 / Section 34A-5-28.1
Trustee permitted to contract with district under certain conditions
Status: in_force

Notwithstanding any other provisions of law, a member of the board of trustees of a sanitary district may contract with the district for which the member serves, if the consideration consists of three thousand dollars or less per year and if the consideration for such supplies or services is reasonable and just.

Source: SL 2011, ch 169, § 1.
S.D. Codified Laws § 34-20C-11 — SD Code / Title 34 / Chapter 20C / Section 34-20C-11
Levels of participation in illegal drug market--Target communities
Status: in_force

A person whose participation in the illegal drug market constitutes the following level of participation shall be considered to have the following illegal drug market target community:

(1) For Level 4 participation, the county in which the defendant's place of participation is situated;

(2) For Level 3 participation, the target community described in subdivision (1) plus all counties with a border contiguous to that target community; and

(3) For Level 2 participation, the target community described in subdivision (2) plus all counties with a border contiguous to that target community;

(4) For Level 1 participation, the state.

Source: SL 1997, ch 203, § 12.
S.D. Codified Laws § 34-20G-2 — SD Code / Title 34 / Chapter 20G / Section 34-20G-2
Cardholders not subject to arrest, prosecution, penalty, or discipline for certain conduct
Status: in_force

(l) The medical use of cannabis in accordance with this chapter, if the cardholder does not possess more than the allowable amount of cannabis, and if any cannabis plant is either cultivated in an enclosed, locked facility or is being transported;

(2) Reimbursement by a registered qualifying patient to the patient's registered designated caregiver for direct costs incurred by the registered designated caregiver for assisting with the registered qualifying patient's medical use of cannabis;

(3) Transferring the cannabis to a testing facility;

(4) Compensating a dispensary or a testing facility for goods or services provided;

(5) Selling, transferring, or delivering cannabis seeds produced by the cardholder to a cultivation facility or dispensary; or

(6) Offering or providing cannabis to a cardholder for a registered qualifying patient's medical use, to a nonresident cardholder, or to a dispensary if nothing of value is transferred in return and the person giving the cannabis does not knowingly cause the recipient to possess more than the allowable amount of cannabis.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34A-2-75 — SD Code / Title 34A / Chapter 2 / Section 34A-2-75
Violations classified as misdemeanor--Criminal and civil penalties
Status: in_force

Any person subject to this section, as provided in this chapter, is guilty of a Class 1 misdemeanor. In addition to a jail sentence authorized by § 22-6-2 , a Class 1 misdemeanor imposed by this chapter is subject to a criminal fine not to exceed ten thousand dollars per day of violation. The violator is also subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

Source: SDC 1939, § 61.0115; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0151; SL 1966, ch 260, § 5; SDCL § 46-25-16; SL 1973, ch 280, § 14 (1); SDCL Supp, § 46-25-91; SL 1977, ch 190, § 638; SL 1984, ch 243, § 6; SL 1988, ch 285, § 34; SL 1992, ch 158, § 28; SL 2011, ch 165, § 52.
S.D. Codified Laws § 34A-16-25 — SD Code / Title 34A / Chapter 16 / Section 34A-16-25
Authorized activities
Status: in_force

The district may conduct research studies and programs, collect and analyze data, prepare reports, maps, charts, and tables and conduct all necessary hearings and investigations in connection with its work and may advise and assist other government units on planning matters within the scope of its powers, duties, and objectives.

Source: SL 1993, ch 259, § 27.
S.D. Codified Laws § 34A-2-31 — SD Code / Title 34A / Chapter 2 / Section 34A-2-31
Issuance, revocation, or denial of permits to discharge waste
Status: in_force

The secretary shall issue, suspend, revoke, modify, or deny permits to discharge sewage, industrial wastes, or other wastes to state waters, consistent with provisions of this chapter and with rules promulgated by the board pursuant to chapter 1-26 .

Source: SL 1973, ch 280, § 6 (1); SDCL Supp, § 46-25-49; SL 1993, ch 256, § 14.
S.D. Codified Laws § 34-51-3 — SD Code / Title 34 / Chapter 51 / Section 34-51-3
Informed consent necessary--Requirements
Status: in_force

To receive a general or individualized investigative treatment, an eligible patient must give informed consent.

For the purposes of this section, "informed consent," means a written document that:

(1) Is signed by the eligible patient; the patient's parent or legal guardian, if the patient is a minor; or an appointed guardian, attorney-in-fact, or person with authority pursuant to chapter 34-12C , if the patient is incapacitated as defined in § 34-12C-1 ;

(2) Is attested to by the treating physician;

(3) Explains the currently approved products and treatments for the disease or condition from which the patient suffers;

(4) Contains the patient's concurrence with the treating physician that no treatment approved by the United States Food and Drug Administration would likely prolong the patient's life;

(5) Clearly identifies the specific proposed general or individualized investigative treatment that the patient is seeking to use;

(6) Describes, based on the treating physician's knowledge of the general or individualized investigative treatment and the patient's condition, the potential outcomes of using the treatment, and any possibility of worsening symptoms or death hastened by the treatment;

(7) States that the:

(a) Patient's health insurance carrier is not obligated to pay for any care or treatments consequent to the use of the general or individualized investigative treatment; and

(b) Patient understands that the patient is liable for all expenses consequent to the use of the treatment; and

(8) States that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the general or individualized investigative treatment, and that care may be reinstated if this treatment ends and the patient meets hospice eligibility requirements.

Source: SL 2015, ch 188, § 3; SL 2025, ch 144, § 2.
S.D. Codified Laws § 34-20B-28.3 — SD Code / Title 34 / Chapter 20B / Section 34-20B-28.3
Manufacturers' and distributors' identifying listings
Status: in_force

All manufacturers and distributors of legend drugs in solid dosage form shall provide upon request to the Board of Pharmacy a listing of all such legend drugs identifying by code imprint the manufacturer and the specific type of drug. Such listing shall at all times be kept current by all manufacturers and distributors subject to §§ 34-20B-28.1 to 34-20B-28.6 , inclusive.

Source: SL 1980, ch 241, § 3.
S.D. Codified Laws § 34-25-32.13 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.13
Certificate of birth resulting in stillbirth not used to calculate live birth statistics
Status: in_force

The Department of Health may not use a certificate of birth resulting in stillbirth to calculate live birth statistics.

Source: SL 2007, ch 195, § 6.
S.D. Codified Laws § 34A-1-23 — SD Code / Title 34A / Chapter 1 / Section 34A-1-23
Particular manufacturer not to be favored by requirements
Status: in_force

Nothing in § 34A-1-19 or 34A-1-21 authorizes the board to require the use of machinery, devices, or equipment from a particular supplier or produced by a particular manufacturer, if the required performance standards may be met by machinery, devices, or equipment otherwise available.

Source: SL 1970, ch 203, § 7; SDCL Supp, § 34-16A-28; SL 2011, ch 165, § 12.
S.D. Codified Laws § 34-31A-4 — SD Code / Title 34 / Chapter 31A / Section 34-31A-4
Contents of petition or resolution--Plat or map
Status: in_force

The petition shall contain the suggested name of the proposed district, the area in square miles to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed rural fire protection district. The petitioners shall also present to the county auditor a plat or map showing the suggested boundaries of the proposed district.

Source: SL 1971, ch 208, § 1; SL 1973, ch 226, § 3; SL 1998, ch 36, § 30.
S.D. Codified Laws § 34-9-8 — SD Code / Title 34 / Chapter 9 / Section 34-9-8
Town power to maintain hospitals and dispensaries--Acceptance of donations and federal grants
Status: in_force

In addition to other powers granted, municipalities of the third class, as defined by law, shall have power to establish, construct, and maintain hospitals and medical dispensaries and to regulate the same.

In constructing, or establishing any such hospital or medical dispensary such municipalities are authorized to receive and accept gifts or donations of money or property to be used for such purpose and are further authorized to cooperate with any federal agency in order to secure the benefits of any federal aid project in establishing and constructing any such hospital or medical dispensary so far as such project may be practical and beneficial.

Source: SL 1941, ch 208; SDC Supp 1960, § 45.0206.
S.D. Codified Laws § 34-48A-44 — SD Code / Title 34 / Chapter 48A / Section 34-48A-44
Local emergency management districts--Appropriations
Status: in_force

In addition to the other provisions of this chapter, any county may join with other counties to form emergency management districts. Each county may appropriate money out of the general fund to pay salaries and expenses of such emergency management district.

Source: SL 1959, ch 287; SDC Supp 1960, § 41.01C07 (3); SL 1977, ch 271, § 21; SL 1992, ch 236, § 19; SDCL § 33-15-33 .
S.D. Codified Laws § 34-20G-42 — SD Code / Title 34 / Chapter 20G / Section 34-20G-42
Contents of registry identification cards
Status: in_force

(1) The name of the cardholder;

(2) A designation of whether the cardholder is a qualifying patient or a designated caregiver;

(3) The date of issuance and expiration date of the registry identification card;

(4) A random ten-digit alphanumeric identification number, containing at least four numbers and at least four letters, that is unique to the cardholder;

(5) If the cardholder is a designated caregiver, the random identification number of the qualifying patient the designated caregiver will assist;

(6) A clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient's medical use;

(7) A photograph of the cardholder; and

(8) The phone number or website address where the card can be verified.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-18-11.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-11.2
Annual fees for water recreational facilities
Status: in_force

Each facility licensed pursuant to this chapter with one water recreational facility shall be charged an annual fee of forty dollars. Each facility licensed pursuant to this chapter with more than one water recreational facility shall be charged an annual fee of sixty-five dollars.

Source: SL 2009, ch 165, § 11.
S.D. Codified Laws § 34-27-32 — SD Code / Title 34 / Chapter 27 / Section 34-27-32
Refusal to turn over remains or objects to tribal group--Appeal
Status: in_force

Any refusal by the state archaeologist to turn over remains or objects to a tribal group after a request is made under § 34-27-31 is reviewable as final agency action under chapter 1-26 . Any such appeal must be filed within thirty days of written notice of the refusal to the tribal group.

Source: SL 1991, ch 281, § 3B.
S.D. Codified Laws § 34A-5-46 — SD Code / Title 34A / Chapter 5 / Section 34A-5-46
Formation of consolidated district authorized--Resolutions of governing bodies proposing formation
Status: in_force

A municipality and a sanitary district, or any group of two or more such public corporations may form a consolidated sanitary district, comprising their combined area in a manner set forth in this section and §§ 34A-5-47 to 34A-5-51 , inclusive. The governing body of each of the corporations shall by resolution propose the formation of the consolidated sanitary district, specifying the municipalities and sanitary districts proposed to be included within its boundaries, and whether the district shall be authorized to acquire and operate sewer facilities or both water and sewer facilities.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-39; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-5-20 — SD Code / Title 34A / Chapter 5 / Section 34A-5-20
Annual election of district officers
Status: in_force

Each sanitary district shall annually elect officers on any Tuesday in the month following the anniversary date of the first election. The board of trustees shall designate a location in the district where the election shall be held. If one or more of the corporate bodies making up a sanitary district is a municipality, and the anniversary date falls within three months prior to or within one month after the annual election of the municipality, the annual election of officers shall be held on the same day as the annual municipal election. The annual election, whether or not it is held in conjunction with the annual municipal election, shall be conducted in accordance with the municipal election laws pursuant to chapter 9-13 , except as provided in this chapter.

Source: SL 1947, ch 226, § 14; SDC Supp 1960, §§ 45.3812, 45.3814; SL 1964, ch 144, § 5; SL 1967, ch 228, SDCL, § 34-17-17; SL 1969, ch 185, § 2; SL 1974, ch 236, § 1; SL 1988, ch 287; SL 1990, ch 284, § 1; SL 1994, ch 281, § 1.
S.D. Codified Laws § 34-3B-1 — SD Code / Title 34 / Chapter 3B / Section 34-3B-1
Drug abuse prevention and rehabilitation programs authorized--Scope--Contributions to nonprofit organizations
Status: in_force

The boards of county commissioners of the several counties and the governing bodies of municipalities are authorized to:

(1) Create and operate programs for alerting area citizens to the present incidence, causes and nature of misuse and abuse of drugs, including alcohol, and substances and their effects;

(2) Create and apply broad, coordinated, and effective remedial programs to reduce the drug misuse and abuse problem, including preventive and rehabilitative countermeasures to the drug misuse and abuse problem;

(3) Institute both preventive and rehabilitative community programs among youth and adult groups; and

(4) Contribute sums of money annually to establish, promote, and support nonprofit organizations engaged in preventive or rehabilitative community programs among youth or adult groups.

Source: SL 1973, ch 262.
S.D. Codified Laws § 34A-6-26 — SD Code / Title 34A / Chapter 6 / Section 34A-6-26
Municipal agreements with other political subdivisions and persons--Maximum duration
Status: in_force

The governing body of the municipality may enter into agreements with a county or counties, with one or more other municipalities, with a regional recycling and waste management district created pursuant to chapter 34A-16 , with Indian tribes, with private persons, corporations, trusts, or with any combination thereof, to provide or operate a solid waste collection or disposal system or disposal site for a solid waste management system for the municipality. Any such contract may not exceed thirty - five years in duration.

Source: SL 1972, ch 198, § 7; SDCL, § 34-16B-22; SL 1977, ch 280, § 26; SL 1993, ch 259, § 48; SL 1994, ch 283.
S.D. Codified Laws § 34A-3A-26 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-26
Penalties for violation of chapter--Factors considered in determining penalty--Disposition of funds collected
Status: in_force

A violation of any provision of this chapter or any rule promulgated pursuant to this chapter is subject to an administrative penalty assessed by the secretary, after notice and opportunity for hearing, pursuant to chapter 1-26 . In the case of a public water system serving a population of more than ten thousand, the maximum penalty amount may be no more than one thousand dollars per day per violation. In the case of a public water system serving a population of less than ten thousand, the penalty may not exceed five hundred dollars per day per violation. The maximum penalty, assessed by the secretary, may not exceed five thousand dollars per violation. In determining the amount of the penalty upon finding a violation, or the amount of a settlement, the secretary shall consider the gravity of the violation, prior violations and compliance history, damage caused by the violation, the willfulness of the violation, and good faith attempts to achieve compliance. All penalties collected pursuant to this section shall be deposited in the regulated substance response fund, established pursuant to § 34A-12-3 .

Source: SL 1999, ch 181, § 2.
S.D. Codified Laws § 34-29A-25 — SD Code / Title 34 / Chapter 29A / Section 34-29A-25
Certificate required to operate boiler--Unauthorized operation as misdemeanor--Each day as separate offense
Status: in_force

No person, firm, partnership, limited liability company, or corporation may operate in this state a boiler without a valid operation certificate. The operation of a boiler without the operation certificate, or at a pressure exceeding that specified in the operation certificate, by the owner, user, or operator of the boiler is a Class 1 misdemeanor. Each day of operation in violation of this section is a separate offense.

Source: SL 1973, ch 229, § 16; SL 1977, ch 190, § 83; SL 1982, ch 18, § 53; SL 1994, ch 351, § 64; SL 1996, ch 216, § 2.
S.D. Codified Laws § 34-29A-34 — SD Code / Title 34 / Chapter 29A / Section 34-29A-34
Secretary or designee to issue, suspend or revoke certificates
Status: in_force

The secretary of public safety, or his designee, shall issue, or suspend or revoke for cause, operation certificates as provided for in §§ 34-29A-39 to 34-29A-43 , inclusive.

Source: SL 1973, ch 229, § 8 (4); SL 1982, ch 18, § 57; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34A-6-1.7 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.7
Groundwater monitoring system required--Exception
Status: in_force

The board shall require that, unless it is demonstrated in a specific case that groundwater degradation will not occur, the holder of the permit for each landfill permitted pursuant to § 34A-6-1.13 , shall install and maintain a groundwater monitoring system to adequately determine the quality of the groundwater and the effects of the landfill upon it, if any. The rules and decisions of the board and the department shall operate in conjunction with the groundwater rules promulgated by the Board of Water Management pursuant to chapter 34A-2 and shall protect groundwater from degradation by solid waste to the greatest extent practicable.

Source: SL 1989, ch 306, § 8.
S.D. Codified Laws § 34-20D-8 — SD Code / Title 34 / Chapter 20D / Section 34-20D-8
Identification and record of buyer of product containing pseudoephedrine, ephedrine, or phenylpropanolamine--Reporting--Stop-sale alert
Status: in_force

If offering for sale a product containing pseudoephedrine, ephedrine, or phenylpropanolamine as an active ingredient, a retailer shall, before making such a sale, require and make a record of the identification of the person purchasing the product. For purposes of this section, the term, identification, means a document issued by a governmental agency that contains a description of the person or a photograph of the person, and gives the person's date of birth, such as a tribal identification card, driver license, state-issued identification card, passport, or military identification card. The retailer shall electronically submit the record of identification, including the purchaser's name, date of birth, address of purchaser, the product name, the quantity sold, the date and time of the sale, and unique identification number relating to the electronic record into the electronic record-keeping system prior to completing the sale of a product containing pseudoephedrine, ephedrine, or phenylpropanolamine unless a waiver has been granted. If a waiver is granted, the retailer shall submit written records to the Office of the Attorney General no later than the fifth day of every month. The retailer shall maintain the record of identification required by this section for two years, after which the record shall be destroyed. No retailer may use or maintain the record for any private or commercial purpose or disclose the record to any person, except as authorized by law. If the sale generates a stop-sale alert, the seller may not complete the sale unless the seller has a reasonable fear of imminent bodily harm if he or she does not complete the sale. The electronic record-keeping system shall contain an override function to the stop-sale alert for the seller to use in a situation in which a reasonable fear of imminent bodily harm is present.

Source: SL 2006, ch 181, § 6; SL 2012, ch 184, § 1; SL 2014, ch 166, § 1.
S.D. Codified Laws § 34-12D-26 — SD Code / Title 34 / Chapter 12D / Section 34-12D-26
Attorney's fees to plaintiff in assisted suicide action
Status: in_force

Reasonable attorney's fees shall be awarded to the prevailing plaintiff in any civil action brought pursuant to § 34-12D-24 or 34-12D-25 .

Source: SDCL § 22-16-37.4; SL 2005, ch 120, § 170.
S.D. Codified Laws § 34-36-4 — SD Code / Title 34 / Chapter 36 / Section 34-36-4
Promulgation of rules
Status: in_force

For the purpose of implementing this chapter, the Department of Public Safety may adopt reasonable rules to protect the health and safety of persons from fire, explosion, and like emergencies. Such rules shall be promulgated in accordance with chapter 1-26 in the following areas:

(1) Definitions;

(2) The licensing of manufacturers, importers, and dealers of explosive materials;

(3) Establishment of permit classes and requirements;

(4) The issuance of permits;

(5) Denial or revocation of permits;

(6) The conduct of business by licensees and operations by permittees;

(7) The records and reports required of licensees and permittees;

(8) The storage and transportation of explosive material;

(9) Exemptions;

(10) Alternate methods of procedures, emergency variations from requirements; and

(11) Establishment of license and permit fees.

Source: SL 1969, ch 229, § 2; SL 1972, ch 140, § 20; SL 1982, ch 18, § 100; SL 1991, ch 285, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2012, ch 187, § 1.
S.D. Codified Laws § 34A-5-29.2 — SD Code / Title 34A / Chapter 5 / Section 34A-5-29.2
Notice requirement for passage of new ordinance or resolution
Status: in_force

The board of trustees may elect to waive the requirement that a new ordinance or resolution be published by providing written notice of the passage of such ordinance or resolution to each resident within the boundaries of the sanitary district. The written notice may be accomplished by sending a copy of such ordinance or resolution by first class mail, to each resident at the resident's last known address, as shown on the books and records of the sanitary district.

Source: SL 1996, ch 266, § 4.
S.D. Codified Laws § 34-48A-16 — SD Code / Title 34 / Chapter 48A / Section 34-48A-16
Boards of supervisors to provide contact list of public officers and employees to Division of Emergency Management--Contents
Status: in_force

No later than March thirty-first of each year, each township board of supervisors shall provide to the Department of Public Safety, Division of Emergency Management, information that will enable emergency agencies to reach each member of the board of supervisors, the township constable, and the township clerk at any time, day or night. The information necessary shall include home, business, and other personal telephone numbers including any facsimile transmission machines and cellular or mobile telephone numbers; and home, business, and other personal addresses; employer's name and telephone number; home, business, and other personal email or internet addresses.

The board of township supervisors shall also provide information on any employee of the township responsible for any of the functions listed in § 34-48A-14 .

Any township with fewer than ten registered voters in the township is exempted from the provisions of §§ 34-48A-13 to 34-48A-18 , inclusive.

Source: SL 2002, ch 163, § 4; SL 2004, ch 17, § 192; SDCL § 33-15-11.4 .
S.D. Codified Laws § 34-35-3 — SD Code / Title 34 / Chapter 35 / Section 34-35-3
Entry on private land to construct fireguards
Status: in_force

For the purpose of constructing fireguards the township supervisors or the persons employed by them for that purpose may, with the consent of the owner, enter upon land adjacent to the right of way and construct fireguards upon the real estate of a private person.

Source: SL 1893, ch 91, § 2; RPolC 1903, § 1132; SL 1905, ch 111; RC 1919, § 6129; SDC 1939, § 58.1002; SL 2014, ch 48, § 23.
S.D. Codified Laws § 34-27-21 — SD Code / Title 34 / Chapter 27 / Section 34-27-21
Definition of terms
Status: in_force

Terms used in §§ 34-27-21 to 34-27-30 , inclusive, mean:

(1) "Human skeletal remains," the bones of a human being;

(2) "Funerary object," any artifact or object which was intentionally placed with a deceased person, either at the time of burial or interment or at some subsequent time, and which is reasonably associated with human remains subject to §§ 34-27-21 to 34-27-30 , inclusive, or has been identified, through available evidence, as having been removed from a specific burial site in South Dakota;

(3) "State archaeologist," the individual of this title employed by the South Dakota State Historical Society;

(4) "Tribal group," a federally recognized Indian tribe.

Source: SL 1990, ch 6, § 1; SL 1991, ch 281, § 1.
S.D. Codified Laws § 34A-6-28 — SD Code / Title 34A / Chapter 6 / Section 34A-6-28
Municipal procedure applied to combined city-county grants of franchises--General election laws apply--One election
Status: in_force

The procedure prescribed in § 34A-6-25 shall apply to franchises granted by combinations of municipalities and counties pursuant to § 34A-6-27 , and the general election laws shall be substantially followed. A county and municipality adopting a franchise ordinance under this section may each adopt a separate ordinance or the same ordinance but in each instance, only one election shall be held, and it shall be held throughout the area affected by the proposed ordinance.

Source: SL 1975, ch 226, § 3; SDCL Supp, § 34-16B-22.2; SL 1977, ch 280, § 28.
S.D. Codified Laws § 34-14-24 — SD Code / Title 34 / Chapter 14 / Section 34-14-24
Tests performed in pursuance of criminal investigation or court order not affected
Status: in_force

Nothing in §§ 34-14-21 to 34-14-24 , inclusive, or § 34-14-25 , alters the ability to perform genetic tests done in pursuance of a lawful criminal investigation or court order.

Source: SL 2001, ch 184, § 4; SL 2002, ch 166, § 2.
S.D. Codified Laws § 34A-13-25 — SD Code / Title 34A / Chapter 13 / Section 34A-13-25
Notice of suspension of benefits--Notice to department--Appeal for reinstatement of benefits--Ratification of certain suspensions and reinstatements
Status: in_force

If any party required to pay the fee fails to do so, the director must notify that party in writing that failure to pay the fee within fifteen days shall result in the suspension of all benefits under this chapter. The director shall also notify the department, by copy, of the party's failure, and the department may require additional proof of financial responsibility. If the past due fee is paid in full after benefits are suspended, the party may appeal to the department for reinstatement of benefits in a contested case proceeding pursuant to chapter 1-26 . The secretary may deny reinstatement of benefits or grant partial or complete reinstatement of benefits. Any suspension or reinstatement undertaken by the secretary upon which no judicial action has been commenced prior to January 1, 1992, is hereby ratified.

Source: SL 1988, ch 290, § 25; SL 1991, ch 294, § 12; SL 1992, ch 260, § 18; SL 1995, ch 71, § 194; SL 2024, ch 146, § 13.
S.D. Codified Laws § 34-25-16.2 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.2
Birth certificate after adoption when birth unrecorded
Status: in_force

A new certificate of birth following adoption may be prepared for a person born in this state whose birth was not previously recorded, if the date and place of birth have been established in the adoption proceedings.

Source: SL 1972, ch 194, § 19.
S.D. Codified Laws § 34A-2-126 — SD Code / Title 34A / Chapter 2 / Section 34A-2-126
Administrative rules on underground injection control Class III wells and in situ leach mining tolled
Status: in_force

The legal force and effect of the underground injection control Class III rules promulgated under subdivision 34A-2-93(15) are tolled until the department obtains primary enforcement authority for underground injection control Class III wells from the United States Environmental Protection Agency. The in situ leach mining rules promulgated under subdivision 45-6B-81(10) as they relate to uranium are tolled until the department obtains agreement state status from the United States Nuclear Regulatory Commission.

Source: SL 2011, ch 167, § 1.
S.D. Codified Laws § 34-23-9 — SD Code / Title 34 / Chapter 23 / Section 34-23-9
Attending physician to take blood sample from pregnant woman--Submission to State Public Health Laboratory for testing
Status: in_force

Each physician attending a pregnant woman in this state during gestation shall, in the case of each woman so attended, take or cause to be taken a sample of blood of such woman at the time of the first examination, and submit such sample for standard serological tests for syphilis to the State Public Health Laboratory or such other laboratories cooperating with, and approved by, the Department of Health.

Source: SL 1939, ch 103; SDC Supp 1960, § 27.2406 (1).
S.D. Codified Laws § 34A-2-96 — SD Code / Title 34A / Chapter 2 / Section 34A-2-96
Petroleum substances discharged into state waters--Liability for containment and recovery costs--Violation
Status: in_force

The owner or operator of a facility or vehicle that stores or transports petroleum substances is responsible for the costs of containment and recovery ordered by the secretary and incurred by the state as a result of a discharge of the petroleum substances into state waters. Any person causing the discharge shall be strictly liable to the owner or operator for all costs and proximate damages resulting from the discharge. A violation of an order issued pursuant to this section is subject to § 34A-2-75 .

Source: SL 1984, ch 244, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1992, ch 158, § 31A; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-31A-20 — SD Code / Title 34 / Chapter 31A / Section 34-31A-20
Preparation of annual budget--Certification of estimated tax levy
Status: in_force

The board of directors shall:

(1) Prepare an annual budget of the expenditures necessary to carry out the general fire protection program for the district. Grants, resources of fire departments within the district, and other revenues shall be considered by the board when preparing the revenues available to fund the district's budget;

(2) Annually certify an estimated tax levy request in dollars to the proper county auditor in the manner provided by § 34-31A-21 . The estimated tax levy request shall be determined by subtracting the grants, resources of fire departments within the district, and other revenues from the prepared budget.

Source: SL 1971, ch 208, § 6 (2), (3); SL 1994, ch 279.
S.D. Codified Laws § 34-25-13.4 — SD Code / Title 34 / Chapter 25 / Section 34-25-13.4
Father not named on birth certificate--No other information entered
Status: in_force

If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.

Source: SL 1972, ch 194, § 14.
S.D. Codified Laws § 34-25-25.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-25.1
Place of filing death certificate when place of death unknown or in moving conveyance required
Status: in_force

If the place of death is unknown, a death certificate shall indicate the place of death as the location in which a dead body is found. If death occurs in a moving conveyance, a death certificate shall indicate the place of death as the location where the body was first removed from the conveyance.

Source: SL 1972, ch 194, § 26; SL 2003, ch 186, § 6.
S.D. Codified Laws § 34-31A-16 — SD Code / Title 34 / Chapter 31A / Section 34-31A-16
District as body corporate and politic
Status: in_force

Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10 , the district under its designated name shall be and constitute a body politic and corporate.

Source: SL 1971, ch 208, § 17.
S.D. Codified Laws § 34-10-25 — SD Code / Title 34 / Chapter 10 / Section 34-10-25
Tax levy in lieu of bonds--Accumulation of construction fund--Election on use of fund
Status: in_force

In lieu of issuing bonds, the hospital district board may levy an annual tax not to exceed five mills for the purpose of purchasing, constructing, equipping, leasing, or otherwise acquiring and maintaining a hospital, and shall direct the treasurer of the district to place such moneys in a district construction fund. When a sufficient amount of money is accumulated in the district construction fund the board may proceed to purchase, construct, equip, lease, or otherwise acquire a hospital, except that the electors of the district shall first approve the purchase, construction, leasing, or other acquisition of a hospital by a majority of all votes cast on such issue. An election on such issue shall be called and held in the same manner as an election on a proposal to issue bonds.

Source: SL 1959, ch 135, § 15; SDC Supp 1960, § 27.19B15.
S.D. Codified Laws § 34-11-1 — SD Code / Title 34 / Chapter 11 / Section 34-11-1
Ambulance services--Authority to provide
Status: in_force

A county or municipality may:

(1) Provide or contract for the provision of ambulance services; and

(2) Contract with another political subdivision or other person for the provision of moneys to support ambulance services.

Source: SL 1967, ch 23, § 1; SL 1968, ch 24, § 1; SL 1992, ch 240, § 1; SL 2024, ch 126, § 2.
S.D. Codified Laws § 34A-13-8 — SD Code / Title 34A / Chapter 13 / Section 34A-13-8
Examination of records--Entering upon public or private property--Denial of benefits based upon failure to allow access to property and documents
Status: in_force

The director may, upon presentation of official fund credentials:

(1) Examine and copy books, papers, records, memoranda, or data of any person who has a duty to provide information to the director under § 34A-13-7 ; and

(2) Enter upon public or private property for the purpose of taking action authorized by this section, including obtaining information from any person who has a duty to provide the information under § 34A-13-7 , conducting surveys and investigations, and taking corrective action.

Failure by the covered party to allow access to the property and examination or copying of the documents authorized in this section allows denial of benefits under this chapter pursuant to subdivision § 34A-13-8.5 (6).

Source: SL 1988, ch 290, § 8; SL 1991, ch 294, § 3; SL 1992, ch 260, § 4; SL 2011, ch 165, § 156.
S.D. Codified Laws § 34-14-20 — SD Code / Title 34 / Chapter 14 / Section 34-14-20
"Human embryo" defined
Status: in_force

For purposes of §§ 34-14-16 to 34-14-20 , inclusive, the term, human embryo, means a living organism of the species Homo sapiens at the earliest stages of development (including the single - celled stage) that is not located in a woman's body.

Source: SL 2000, ch 169, § 5.
S.D. Codified Laws § 34-27-28 — SD Code / Title 34 / Chapter 27 / Section 34-27-28
Notification to landowner and coroner--Notification to state archaeologist and tribal officials--Time limits
Status: in_force

If a law enforcement officer has reason to believe that the skeletal remains, reported pursuant to § 34-27-25 , may be human, he shall promptly notify the landowner and the coroner. If the remains reported under § 34-27-25 are not associated with or suspected of association with any crime, the state archaeologist shall be notified within fifteen days. The state archaeologist shall thereupon follow the procedure set out in § 34-27-31 , except that the skeletal remains shall be turned over to the attorney general or any state's attorney should either request the remains for further investigation.

Source: SL 1990, ch 6, § 8; SL 1991, ch 281, § 3C.
S.D. Codified Laws § 34-20A-70.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-70.1
Duties and compensation of attorney appointed to represent petitioners--Reimbursement of county
Status: in_force

In any proceedings for involuntary commitment or detention, or any proceeding challenging such commitment or detention, the attorney appointed by the circuit court judge to represent the petitioner, shall represent the individuals or agencies petitioning for commitment or detention and defend all challenges to the commitment or detention. The appointed attorney shall be paid by the county where the hearing and commitment proceedings are taking place at a rate to be fixed by the circuit judge. The county shall be reimbursed for such expense by the petitioner, if the petitioner is a family member and is financially able to do so.

Source: SL 1985, ch 277, § 3.
S.D. Codified Laws § 34-1-28 — SD Code / Title 34 / Chapter 1 / Section 34-1-28
Judicial enforcement of process, orders, and regulations of Department of Health
Status: in_force

The failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of the Department of Health or the violation of any rule, regulation, order, or legal command of the department may be enforced by proper legal proceedings in a court of competent jurisdiction.

Source: SL 1949, ch 105, § 8; SDC Supp 1960, § 27.0104-1.
S.D. Codified Laws § 34-29B-12 — SD Code / Title 34 / Chapter 29B / Section 34-29B-12
Review of fire marshal's actions--Appeal
Status: in_force

Any person aggrieved by any action or decision of the state fire marshal pursuant to this chapter may seek review of such action or decision by the secretary of public safety pursuant to the contested case provisions of chapter 1-26 . The decision of the secretary of public safety may be appealed to the circuit court in the manner provided by chapter 1-26 .

Source: SL 1991, ch 283, § 13; SL 2003, ch 272, § 23.
S.D. Codified Laws § 34A-16-2 — SD Code / Title 34A / Chapter 16 / Section 34A-16-2
Notice of public hearing
Status: in_force

No county or municipality may adopt a resolution authorized by § 34A-16-1 or 34A-16-9 without a public hearing on the resolution. Notice of the hearing shall be given at least ten days before the hearing in the official newspapers of the county or municipality. Any resolution authorized pursuant to § 34A-16-1 or § 34A-16-9 is subject to initiative and referendum as provided by chapters 7-18A and 9-20 .

Source: SL 1993, ch 259, § 2.
S.D. Codified Laws § 34A-6-1.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.1
Legislative findings
Status: in_force

The Legislature finds that other states have imposed stringent standards for the proper collection and disposal of solid waste and that without such standards and enforcement of them, South Dakota could be burdened with the importation and disposal in the state of large amounts of solid waste from other states by persons and firms who may not have the capability to properly dispose of the waste or who wish to avoid the costs and requirements for proper, effective and safe disposal of such waste in the state of origin.

The Legislature finds that the disposal of large quantities of solid waste in this state will, in fact, impose additional burdens on the citizens of this state. Experience has shown that under the system of laws currently governing waste disposal in this country, this liability can be significant. For these and other reasons, the Legislature finds that it is reasonable and necessary to require that any person intending to dispose of waste in this state comply with the provisions of §§ 34A-6-1.2 to 34A-6-1.38 , inclusive.

The Legislature further finds that to ensure a minimum safe level of solid waste regulation nationally, the United States Environmental Protection Agency is promulgating a comprehensive set of rules to govern the disposal of solid waste and that South Dakota must be prepared to comply with those rules.

Source: SL 1989, ch 306, § 2.
S.D. Codified Laws § 34-20A-106 — SD Code / Title 34 / Chapter 20A / Section 34-20A-106
Opioid antagonist--Professional prescribing--Immunity
Status: in_force

A health care professional who is authorized to prescribe or dispense an opioid antagonist is not subject to any disciplinary action or civil or criminal liability for the prescribing or dispensing of an opioid antagonist to an employer or a person whom the health care professional reasonably believes may be in a position to assist or administer the opioid antagonist to a person at risk for an opioid-related drug overdose.

Source: SL 2016, ch 174, § 3; SL 2023, ch 118, § 2.
S.D. Codified Laws § 34A-6-1.4 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.4
Unauthorized construction or operation of site or facility prohibited--Unauthorized dumping, disposal in water, burning prohibited--Exception--Penalties for violation
Status: in_force

No person may construct, alter, or operate a solid waste disposal site or facility without a permit or in violation of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, the rules or the terms and conditions of the facility permit. Nor may any person dump, abandon, or dispose of any solid waste that will not be regularly collected and deposited or directly disposed of at a permitted solid waste facility or other site approved by the board.

No person may dispose of, or place, solid waste in the waters of this state except to the extent that such disposal or placement is authorized by chapter 34A-2 and the water pollution control laws of the United States. No person may burn solid waste except as provided by § 34A-6-1.6 and except in a manner and under conditions approved by the department or board pursuant to chapter 34A-1 .

No provision of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, may be construed so as to prohibit a farmer or rancher from disposing of solid waste from normal farming operations or ordinary domestic activities upon his own land provided such disposal does not create a nuisance or a hazard to public health, does not violate a local ordinance, will not unlawfully pollute ground or surface waters or does not violate chapter 34A-1 or 34A-2 or the water or air pollution control laws of the United States.

A violation of this section is a Class 2 misdemeanor. The violator is also subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per day per violation, for damages to compensate the state for impairment of the environment of this state, or both. An action for the recovery of a civil penalty or compensatory damages shall, upon demand, be tried by a jury.

Source: SL 1989, ch 306, § 5; SL 1992, ch 158, § 39.
S.D. Codified Laws § 34-12D-10 — SD Code / Title 34 / Chapter 12D / Section 34-12D-10
Treatment of pregnant woman notwithstanding declaration
Status: in_force

Notwithstanding a declaration made pursuant to this chapter, life - sustaining treatment and artificial nutrition and hydration shall be provided to a pregnant woman unless, to a reasonable degree of medical certainty, as certified on the woman's medical chart by the attending physician and one other physician who has examined the woman, such procedures will not maintain the woman in such a way as to permit the continuing development and live birth of the unborn child or will be physically harmful to the woman or prolong severe pain which cannot be alleviated by medication.

Source: SL 1991, ch 273, § 10.
S.D. Codified Laws § 34A-2-60 — SD Code / Title 34A / Chapter 2 / Section 34A-2-60
Board's decision and order to abate pollution--Times prescribed in order--Civil penalty for violation
Status: in_force

After a hearing, or on the failure of an alleged violator to make a timely request for a hearing, the board may issue an appropriate decision in compliance with § 1-26-25 and an order for the prevention, abatement, or control of pollution. The order shall state the date or dates by which any violation shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the pollution.

Any person who violates an order issued pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

Source: SDC 1939, § 61.0113; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0149; SL 1966, ch 260, § 4; SDCL, § 46-25-13; SL 1973, ch 280, § 11 (5); SDCL Supp, § 46-25-76; SL 1988, ch 285, § 24; SL 1992, ch 158, § 27.
S.D. Codified Laws § 34A-5-51 — SD Code / Title 34A / Chapter 5 / Section 34A-5-51
Contracts of consolidated district for purchase or use of sanitary facilities
Status: in_force

A consolidated sanitary district may contract with any municipality or sanitary district, within or outside its corporate limits, for the purchase of facilities of the type which it is authorized to construct or acquire and operate, or may contract for the use of such facilities, and for the use of consolidated sanitary district facilities by another municipality or sanitary district, upon such terms as may be agreed.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-44; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-20A-56 — SD Code / Title 34 / Chapter 20A / Section 34-20A-56
Protective custody procedure--Duty of detaining officer--No arrest or record
Status: in_force

Any law enforcement officer, in detaining a person pursuant to § 34-20A-55 and in taking the person to an approved treatment facility for emergency detainment, is taking the person into protective custody and shall make every reasonable effort to protect the person's health and safety. In taking the person into protective custody, the detaining officer may take reasonable steps to protect the officer's person. A taking into protective custody under this section is not an arrest. No entry or other record may be made to indicate that the person has been arrested or charged with a crime.

Source: SL 1974, ch 240, § 10 (b); SL 1985, ch 277, § 8; SL 2022, ch 108, § 3.
S.D. Codified Laws § 34A-2-55 — SD Code / Title 34A / Chapter 2 / Section 34A-2-55
Time of hearing on violation--Respondent's request for change of time
Status: in_force

A hearing pursuant to § 34A-2-54 shall be held no sooner than fifteen days after service of the notice, except that the board may set an earlier date for the hearing if they are requested to do so by the alleged violator. The board may set a later date for the hearing at the request of the alleged violator, if the alleged violator shows good cause for delay.

Source: SDC 1939, § 61.0112; SL 1955, ch 430, § 1; SDC Supp 1960, § 61.0148; SL 1966, ch 260, § 3; SDCL, § 46-25-12; SL 1973, ch 280, § 11 (2); SDCL Supp, § 46-25-71; SL 1988, ch 285, § 20.
S.D. Codified Laws § 34-23A-57 — SD Code / Title 34 / Chapter 23A / Section 34-23A-57
Patient's written signed statement
Status: in_force

On the day on which the abortion is scheduled, no physician may take a consent for an abortion nor may the physician perform an abortion, unless the provisions of §§ 34-23A-53 to 34-23A-62 , inclusive, have been met, and the physician first obtains from the pregnant mother, a written, signed statement setting forth all information required by subsection 34-23A-56(3)(b). The written statement signed by the pregnant mother shall be maintained as a permanent part of the pregnant mother's medical records. Only the physician who meets with and consults with the pregnant mother pursuant to § 34-23A-56 can take her consent and perform her abortion unless serious unforeseen circumstances prevent that physician from taking the consent and performing the abortion.

Source: SL 2011, ch 161, § 4; SL 2012, ch 186, § 3.
S.D. Codified Laws § 34-20A-105 — SD Code / Title 34 / Chapter 20A / Section 34-20A-105
Prescription for opioid antagonist
Status: in_force

A licensed health care professional may, directly or by standing order, prescribe an opioid antagonist to a person at risk of experiencing an opioid-related overdose, or prescribe to a family member, friend, or other close third party person the health care practitioner reasonably believes to be in a position to assist a person at risk of experiencing an opioid-related overdose.

Source: SL 2016, ch 174, § 2.
S.D. Codified Laws § 34-20G-93 — SD Code / Title 34 / Chapter 20G / Section 34-20G-93
Oversight committee--Duties--Input
Status: in_force

The oversight committee shall meet at least two times per year for the purpose of evaluating and making recommendations to the Legislature and the department regarding:

(1) The ability of qualifying patients in all areas of the state to obtain timely access to high-quality medical cannabis;

(2) The effectiveness of the dispensaries and cultivation facilities, individually and together, in serving the needs of qualifying patients, including the provision of educational and support services by dispensaries, the reasonableness of their prices, whether they are generating any complaints or security problems, and the sufficiency of the number operating to serve the state's registered qualifying patients;

(3) The effectiveness of the cannabis testing facilities, including whether a sufficient number are operating;

(4) The sufficiency of the regulatory and security safeguards contained in this chapter and adopted by the department to ensure that access to and use of cannabis cultivated is provided only to cardholders;

(5) Any recommended additions or revisions to the department regulations or this chapter, including recommendations relating to security, safe handling, labeling, and nomenclature;

(6) Any research studies regarding health effects of medical cannabis for patients; and

(7) Any medical and clinical aspects of the medical cannabis program.

The oversight committee shall ensure that it seeks relevant input from qualifying patients; designated caregivers; pharmacists; school boards and administrators; parents; municipal representatives; state agencies, including the Department of Health, the South Dakota Division of Criminal Investigation, and the Department of Public Safety; and medical cannabis establishments.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 125, § 3; SL 2023, ch 126, § 1.
S.D. Codified Laws § 34A-1-47 — SD Code / Title 34A / Chapter 1 / Section 34A-1-47
Notice of violation--Order for corrective action--Civil penalty
Status: in_force

If the secretary has reason to believe that a violation of any provision of this chapter or rule promulgated pursuant to this chapter has occurred, the secretary may cause written notice to be served upon the alleged violator. The notice shall specify the provision of this chapter or rule alleged to be violated, and the facts alleged to constitute a violation of this chapter, and may include an order that necessary corrective action be taken within a reasonable time. Any person who violates an order pursuant to this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment, or both.

Source: SL 1970, ch 203, § 10; SDCL Supp, § 34-16A-53; SL 1977, ch 280, § 14; SL 1990, ch 283, § 3; SL 1992, ch 158, § 15A; SL 2011, ch 165, § 26.
S.D. Codified Laws § 34-11A-2 — SD Code / Title 34 / Chapter 11A / Section 34-11A-2
Requirement for inclusion of municipality in district
Status: in_force

Any municipality located within the area may be included in the ambulance district if at least twenty percent of the number of registered voters within the municipality voting in the last gubernatorial election sign a separate petition from that municipality, or if the governing body of the municipality establishes intent by passing a resolution so indicating.

Source: SL 1982, ch 259, § 2; SL 1992 ch 60, § 2; SL 1998, ch 36, § 20; SL 2002, ch 144, § 3; SL 2007, ch 191, § 1.
S.D. Codified Laws § 34A-10-2 — SD Code / Title 34A / Chapter 10 / Section 34A-10-2
Parties entitled to intervene in proceedings involving pollution
Status: in_force

If administrative, licensing, or other proceedings, and judicial review thereof are available by law, the agency may permit the attorney general, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity to intervene as a party on the filing of a pleading with the agency asserting that the proceeding or action for judicial review involves conduct which has the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust therein. Such pleading shall be filed at least three days before the last agency evidentiary hearing conducted before the issuance of a final decision.

Source: SL 1973, ch 144, § 6 (1); SDCL Supp, § 21-10A-2; SL 1981 (2d SS), ch 1, § 23; SL 1994, ch 351, § 70.
S.D. Codified Laws § 34-20G-89 — SD Code / Title 34 / Chapter 20G / Section 34-20G-89
Cardholder data maintainable by establishment limited--Authorization to maintain PII
Status: in_force

Except as otherwise provided in this section, information kept or maintained by a medical cannabis establishment may identify a cardholder only by registry identification number and may not contain names or other personally identifiable information.

A cardholder may, in writing, authorize an establishment to maintain the cardholder's name and other personally identifiable information, for the limited purpose of receiving direct communication regarding the cardholder's:

(1) Individual medical needs; or

(2) Use of a specific product.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2023, ch 124, § 1, eff. Mar. 8, 2023.
S.D. Codified Laws § 34A-18-7 — SD Code / Title 34A / Chapter 18 / Section 34A-18-7
Modifications to oil spill response plan to be submitted
Status: in_force

Each crude oil pipeline operator shall submit any modifications to its response plan to the department within thirty days of making such a change.

Source: SL 2008, ch 180, § 7.
S.D. Codified Laws § 34A-6-79 — SD Code / Title 34A / Chapter 6 / Section 34A-6-79
Assistance to individuals, businesses, government with regard to solid waste management--Specifications
Status: in_force

The department shall provide assistance to individuals, groups, businesses, state agencies, and local units of government in all aspects of solid waste management consistent with §§ 34A-6-59 to 34A-6-92 , inclusive. This assistance may be provided through programs established under § 34A-6-80 and shall include:

(1) Providing information on how to conduct a waste audit;

(2) Maintaining current estimates of the generation of components of solid waste by appropriate categories of businesses, industries, municipalities, and other governmental entities;

(3) Providing solid waste generators and handlers with information on how to manage solid waste consistent with §§ 34A-6-59 to 34A-6-92 , inclusive;

(4) Identifying appropriate qualifications of recycling program coordinators and staff;

(5) Preparing sample recycling ordinances, procedural handbooks, and contracts;

(6) Identifying sources of information regarding the creation and operation of a municipal or county recycling program;

(7) Providing advice, upon the request of the municipality or county, on implementing the municipality's or county's solid waste management plan;

(8) Identifying prospective buyers and brokers of materials recovered from solid waste;

(9) Preparing suggestions for regional programs to market materials recovered from solid waste; and

(10) Identifying methods to successfully accommodate fluctuating markets for materials recovered from solid waste.

Source: SL 1992, ch 254, § 50E.
S.D. Codified Laws § 34-26-15 — SD Code / Title 34 / Chapter 26 / Section 34-26-15
Burial within reasonable time required
Status: in_force

Except in the cases in which the right to dissect a dead body is expressly conferred by law, every dead body of a human being lying within this state must be decently buried within a reasonable time after the death. Nothing herein shall affect the right to remove from or carry through this state, a dead human body or parts thereof for the purpose of burying the same in another place.

Source: PenC 1877, §§ 349, 350; CL 1887, §§ 6550, 6551; RPenC 1903, §§ 354, 355; RC 1919, §§ 3868, 3869; SDC 1939, § 27.1301.
S.D. Codified Laws § 34-44-27 — SD Code / Title 34 / Chapter 44 / Section 34-44-27
Rules adopting fee schedule--Amount of fees--Payment and deposit--Nonrefundability
Status: in_force

The board by rule promulgated pursuant to chapter 1-26 may adopt a fee schedule for those applying for certification not to exceed one hundred dollars for application for a new certification and not to exceed fifty dollars for a renewal of a certificate. The fees shall be paid to the department upon application for a certificate and shall be deposited in the environment and natural resources fee fund established pursuant to § 1-41-23 . The fees are nonrefundable.

Source: SL 1988, ch 284, § 25; SL 1994, ch 23, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-43-4 — SD Code / Title 34 / Chapter 43 / Section 34-43-4
Examination of applicant and other witnesses by magistrate or judge
Status: in_force

Before issuing an inspection warrant, the magistrate judge or circuit court judge may examine on oath the applicant and any other witness and shall satisfy himself of the existence of grounds for granting such application.

Source: SL 1986, ch 290, § 4.
S.D. Codified Laws § 34-26-2 — SD Code / Title 34 / Chapter 26 / Section 34-26-2
Autopsy authorized
Status: in_force

An autopsy may be performed upon the body of a deceased person by a physician or surgeon whenever so authorized in writing, or by electronically recorded telephone communication:

(1) By the decedent during the decedent's lifetime; or

(2) By the decedent's surviving spouse; or

(3) If the surviving spouse is incompetent or not available or if there be no surviving spouse, by an adult child, parent, brother, or sister of the decedent. However, such autopsy may not be performed under a consent given as required by this subdivision if, before such autopsy is performed, any adult child or parent of the decedent objects in writing to the physician or surgeon by whom the autopsy is to be performed;

(4) By the state's attorney, county sheriff, or investigating county coroner pursuant to § 23-14-9.1 .

Source: SL 1951, ch 188, § 2; SDC Supp 1960, § 34.1016; SL 1961, ch 184, § 2; SL 1981, ch 263; SL 1985, ch 191, § 5; SL 2009, ch 123, § 2.
S.D. Codified Laws § 34-35-9 — SD Code / Title 34 / Chapter 35 / Section 34-35-9
Negligently allowing fire to spread as misdemeanor--Failure to extinguish fire--Interference with control efforts
Status: in_force

Every person who negligently kindles or causes to be kindled, fire in any woods, brush, fields, marshes, or prairies and leaves it unquenched or who negligently or without full precaution to prevent fire spreading permits it to spread beyond his control so as to endanger the property of another, whether such fire is kindled upon his own land or not, or who, finding any uncontrolled fire burning, fails to give immediate warning and to make reasonable attempt to quench it, or who at any fire at any place is guilty of any disobedience to the lawful orders of any public official or fireman attempting to control said fire, or who interferes with any such officer in any such case or refuses to assist in controlling said fire, is guilty of a Class 1 misdemeanor.

Source: PenC 1877, §§ 458 to 460; SL 1881, ch 106, § 1; 91887, ch 123, § 1; CL 1887, §§ 2398, 6659 to 6661; RPolC 1903, § 3158; RPenC 1903, §§ 472 to 474; SL 1917, ch 239, § 1; RC 1919, §§ 3982 to 3984, 10361; SL 1925, ch 255; SL 1937, ch 93; SL 1937, ch 97; SDC 1939, § 13.1612; SL 1977, ch 190, § 92.
S.D. Codified Laws § 34-23A-31 — SD Code / Title 34 / Chapter 23A / Section 34-23A-31
Prosecution of woman upon whom partial-birth abortion performed
Status: in_force

No woman upon whom a partial - birth abortion is performed may be prosecuted under the provisions of §§ 34-23A-27 to 34-23A-33 , inclusive, for conspiracy to violate § 34-23A-27 .

Source: SL 1997, ch 129, § 5.
S.D. Codified Laws § 34-26-47.1 — SD Code / Title 34 / Chapter 26 / Section 34-26-47.1
Discrimination in organ transplant process prohibited
Status: in_force

No person may discriminate against an individual at any point in the organ transplant process, solely on the basis of an individual’s mental or physical disability, unless the disability has been determined to be medically significant to the provision of an anatomical gift.

A violation of this statute is an unfair or discriminatory practice under chapter 20-13 .

Source: SL 2022, ch 112, § 1.
S.D. Codified Laws § 34-20A-78 — SD Code / Title 34 / Chapter 20A / Section 34-20A-78
Transfer to another facility--Reports--Notice
Status: in_force

The administrator of the facility to which the person was committed, or an authorized designee, may transfer any person committed to its custody from one accredited treatment facility to another if transfer is advisable based on the committed person's treatment needs. A written report shall state the reasons why transfer to another facility or program is necessary to meet the treatment needs of the committed person. Notice of the transfer and the reasons therefor shall be given to the court, the person's attorney and the person's immediate family, subject to rules of confidentiality.

Source: SL 1974, ch 240, § 12 (h); SL 1985, ch 277, § 28.
S.D. Codified Laws § 34-12B-7 — SD Code / Title 34 / Chapter 12B / Section 34-12B-7
Investigation of complaints
Status: in_force

The Department of Health shall have the responsibility to investigate any complaints or alleged violations of this chapter.

Source: SL 1975, ch 225, § 5.
S.D. Codified Laws § 34-29A-24 — SD Code / Title 34 / Chapter 29A / Section 34-29A-24
New boilers to conform to rules--Special installation and operation certificate
Status: in_force

No boiler which does not conform to the rules and regulations of the Department of Public Safety governing new construction and installation may be installed and operated in this state after June 30, 1974, unless the boiler is of special design or construction, and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operation certificate may at its discretion be granted by the Department of Public Safety.

Source: SL 1973, ch 229, § 4; SL 1982, ch 18, § 52; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-45-2 — SD Code / Title 34 / Chapter 45 / Section 34-45-2
Ordinances in effect on January 1, 2012 authorizing 911 emergency reporting system--Surcharge
Status: in_force

If the governing body of a public agency had adopted an ordinance authorizing a 911 emergency reporting system which was in effect on January 1, 2012, the ordinance remains in effect for establishing such 911 service area unless amended or repealed by the public agency. Any provision in the ordinance establishing a surcharge is no longer in effect after July 1, 2012.

Source: SL 1989, ch 303, § 2; SL 2008, ch 176, § 2; SL 2012, ch 188, § 1.
S.D. Codified Laws § 34-20A-87 — SD Code / Title 34 / Chapter 20A / Section 34-20A-87
Habeas corpus available at any time
Status: in_force

A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus.

Source: SL 1974, ch 240, § 12 (l).
S.D. Codified Laws § 34A-6-67 — SD Code / Title 34A / Chapter 6 / Section 34A-6-67
Landfill waste reduction targets--Implementation dates
Status: in_force

In order to achieve the waste reduction goals provided for under § 34A-6-60 , no landfill in the state may accept yard waste, lead acid batteries, waste motor oil, or white good appliances for disposal.

Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard, other marketable paper products, containers made from plastic, aluminum, and steel, and other municipal solid waste materials that are diverted from landfilling using appropriate methods and technology count toward the waste reduction goal. Appropriate methods and technology includes recycling facilities.

Source: SL 1992, ch 254, § 30; SL 1995, ch 205; SL 1998, ch 203, § 2.
S.D. Codified Laws § 34-12F-7 — SD Code / Title 34 / Chapter 12F / Section 34-12F-7
Directive or failure to execute directive--Effect on annuity or insurance
Status: in_force

Neither an EMS cardiopulmonary resuscitation directive nor the failure of a person to execute one affects, impairs, or modifies any contract of life or health insurance or annuity or constitutes the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.

Source: SL 2004, ch 226, § 7; SL 2005, ch 183, § 7.
S.D. Codified Laws § 34-46-17 — SD Code / Title 34 / Chapter 46 / Section 34-46-17
Posted smoking rooms permitted in hotels and lodging establishments
Status: in_force

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(7) or (9), respectively, if the rooms are rented to guests. Any sleeping room in which smoking is allowed shall be posted as a smoking room.

Source: SL 2009, ch 171, § 5, approved eff. Nov. 10, 2010.
S.D. Codified Laws § 34-20G-27 — SD Code / Title 34 / Chapter 20G / Section 34-20G-27
Cost reimbursement, permission to smoke or vape cannabis on property, permission to cultivate on rental property, permission to allow conduct related to medical cannabis in public buildings not required
Status: in_force

Nothing in this chapter requires:

(1) A government medical assistance program or private health insurer, workers' compensation insurance carrier, or self-insured employer providing workers' compensation benefits, to reimburse a person for costs associated with the medical use of cannabis;

(2) Any person or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to smoke or vape cannabis on or in that property;

(3) A landlord to allow the cultivation of cannabis on the rental property; or

(4) A state or local government to allow any conduct otherwise permitted by this chapter within a building owned, leased, or occupied by the state or local government.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 124, § 1; SL 2022, ch 125, § 1.
S.D. Codified Laws § 34-14-3 — SD Code / Title 34 / Chapter 14 / Section 34-14-3
Disclosure of information from medical study as misdemeanor
Status: in_force

It is a Class 1 misdemeanor to disclose any information, records, reports, statements, notes, memoranda, or other data obtained for or contained in any medical study for the purpose of reducing morbidity or mortality, except that necessary for the purpose of the specific study.

Source: SL 1959, ch 134, §§ 5, 6; SDC Supp 1960, §§ 27.9960, 27.9961; SDCL, § 34-14-2 ; SL 1977, ch 190, § 22.