S.D. Codified Laws § 1-16B-30 — SD Code / Title 1 / Chapter 16B / Section 1-16B-30
Amounts required in capital reserve fund
Status: in_force

The maximum annual debt service shall be the capital reserve requirement. For purposes of computing the capital reserve requirement, the annual debt service for any fiscal year shall be equal to the sum of all interest payable during the fiscal year on all bonds outstanding on the date of computation, plus the principal amount of all bonds and notes outstanding on that date which mature during the fiscal year, all calculated on the assumption that bonds and notes will after that date cease to be outstanding. The moneys in the capital reserve fund may not be less than the capital reserve requirement, except when withdrawals are made for payments of principal, interest and redemption premiums may be made from the capital reserve fund if other moneys of the authority are not available.

Source: SL 1978, ch 9, § 15.
S.D. Codified Laws § 1-18C-9 — SD Code / Title 1 / Chapter 18C / Section 1-18C-9
Safeguarding of restricted records
Status: in_force

The archivist shall take all precautions necessary to ensure that records placed in the archivist's custody, the use of which is restricted by law or for reasons of security and the public interest, are inspected, surveyed, or otherwise used only in accordance with law and the rules imposed by the archivist in consultation with the agency of origin.

Source: SL 1975, ch 24, § 8; SL 2009, ch 1, § 48.
S.D. Codified Laws § 1-11-43 — SD Code / Title 1 / Chapter 11 / Section 1-11-43
Investigative subpoena--Order compelling compliance
Status: in_force

If a provider refuses to comply with an investigative subpoena, the attorney general or the attorney general's designee may apply to a court of competent jurisdiction for an order compelling compliance.

Source: SL 2026, ch 2, § 7.
S.D. Codified Laws § 1-33B-24 — SD Code / Title 1 / Chapter 33B / Section 1-33B-24
Acquisition, lease, and sale of energy saving equipment
Status: in_force

The Governor's Office of Economic Development may acquire, lease, or sell such energy saving devices and equipment as are appropriate to carry out the programs authorized by this chapter.

Source: SL 1991, ch 16, § 11; SL 1994, ch 410 (Ex. Ord. 93-9), §§ 17, 18.
S.D. Codified Laws § 1-11-6.2 — SD Code / Title 1 / Chapter 11 / Section 1-11-6.2
Release of funds in special revenue fund
Status: in_force

When it is legally established that South Dakota or agencies thereof, lesser governmental subdivisions or individuals have a right to a portion of funds in the antitrust special revenue fund, the attorney general is authorized to approve release of such funds to the appropriate fund, entity or recipient.

Source: SL 1971, ch 11, § 1.
S.D. Codified Laws § 1-27-46 — SD Code / Title 1 / Chapter 27 / Section 1-27-46
Website for state records and financial information--Contracts to be displayed--Exclusion
Status: in_force

The state shall display on the searchable internet website, created pursuant to § 1-27-45 , copies of each written contract:

(1) For supplies, services, or professional services of ten thousand dollars or more;

(2) Filed with the state auditor pursuant to § 1-24A-1 ; and

(3) Filed with the attorney general pursuant to § 1-11-15 .

Each contract must be displayed electronically within sixty days following commencement of the contract term and for at least the retention period prescribed by § 1-27-4.1 .

For purposes of this section, a written contract does not include any purchase order issued against formal statewide contracts available for the use of all state agencies.

Source: SL 2010, ch 10, § 1; SL 2018, ch 44, § 6; SL 2026, ch 3, § 5.
S.D. Codified Laws § 1-26-18 — SD Code / Title 1 / Chapter 26 / Section 1-26-18
Contested case--Rights of party at hearing--Grounds for summary disposition
Status: in_force

Opportunity must be afforded to all parties to respond and present evidence on issues of fact and argument on issues of law or policy. Each agency, upon the motion of any party, may dispose of any defense or claim:

(1) If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or

(2) At the close of the evidence offered by the proponent of the defense or claim, if the agency determines that the evidence offered by the proponent of the defense or claim is legally insufficient to sustain the defense or claim.

A party to a contested case proceeding may appear in person or by counsel, or both; may be present during the giving of all evidence; may obtain the services of a translator or interpreter as provided in chapter 19-3 , with the translator or interpreter's compensation fixed, paid, and collected as provided in §§ 1-26-18.4 and 1-26-18.5 . The party or the party's attorney of record may have reasonable opportunity to inspect all documentary evidence, examine and cross - examine witnesses, present evidence in support of the party's interest, and issue subpoenas to compel attendance of witnesses and production of evidence on the party's behalf.

Source: SL 1966, ch 159, § 9 (3); SL 1972, ch 8, § 19; SL 1978, ch 13, § 6; SL 2002, ch 16, § 1; SL 2026, ch 10, § 1; SL 2026, ch 11, § 1.
S.D. Codified Laws § 1-15-1.2 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.2
Department created
Status: in_force

There is created a department of corrections.

Source: SL 1989, ch 20, § 1.
S.D. Codified Laws § 1-20-31 — SD Code / Title 1 / Chapter 20 / Section 1-20-31
Notice of designation of archaeological site--Permit required for field investigation
Status: in_force

Upon designation of an archaeological site, the owners and occupants of each designated state archaeological register site shall be given written notification of such designation by the state archaeologist. Once so designated, no person may conduct field investigation activities without first securing a permit from the State Historical Society Board of Trustees and complying with the provisions of §§ 1-20-32 to 1-20-34 , inclusive.

Source: SL 1974, ch 11, § 7.
S.D. Codified Laws § 1-36-22 — SD Code / Title 1 / Chapter 36 / Section 1-36-22
Compensation for such support--Disposition of funds
Status: in_force

The expenses for such support, maintenance, care, and treatment as agreed upon may not be less than an amount required to compensate the State of South Dakota for the total cost thereof to the state. Such compensation when received shall be deposited with the state treasurer and credited to the funds of the institution affected, as directed by the secretary of social services and shall be expended for the same purposes and in the same manner as other funds credited to such institution are expended.

Source: SL 1989, ch 21, § 13; SDCL § 1-36A-1.13; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 14, 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-33-41 — SD Code / Title 1 / Chapter 33 / Section 1-33-41
Bureau of Information and Technology authorized to contract with other state agencies
Status: in_force

The Bureau of Information and Technology may contract with other state agencies for administrative support, accounting, payroll, and personnel services.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 28; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-30-8 — SD Code / Title 1 / Chapter 30 / Section 1-30-8
Oath of office taken at time of designation--Formal qualification waived for emergency successors
Status: in_force

At the time of their designation, emergency interim successors shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Notwithstanding any other provisions of law, no person, as a prerequisite to the exercise of the powers or discharge of the duties of an office to which he succeeds, shall be required to comply with any other provision of law relative to taking office.

Source: SL 1961, ch 285, § 7.
S.D. Codified Laws § 1-19B-32 — SD Code / Title 1 / Chapter 19B / Section 1-19B-32
Establishment of district study committee authorized
Status: in_force

An historic district study committee may be established as provided by § 1-19B-33 for the purpose of making an investigation of a proposed historic district.

Source: SL 1974, ch 21, § 8.
S.D. Codified Laws § 1-36-4 — SD Code / Title 1 / Chapter 36 / Section 1-36-4
Officers of board--Functions--Meetings
Status: in_force

The Board of Social Services shall annually elect from its members such officers as it deems advisable. A majority of the board members shall be required to constitute a quorum. The quasi - legislative, quasi - judicial, and special budgetary functions of the Board of Social Services are transferred to the secretary of social services; otherwise the board shall exercise such functions as are assigned to it by this chapter and such other functions as may be assigned to it by law. The board shall hold meetings at the call of the chairman, but there shall be at least one meeting every six months.

Source: SL 1973, ch 2, § 69; SL 1980, ch 372, § 17.
S.D. Codified Laws § 1-18C-5.1 — SD Code / Title 1 / Chapter 18C / Section 1-18C-5.1
Promulgation of rules for printing permanent public records on permanent paper
Status: in_force

The State Historical Society Board of Trustees shall, pursuant to chapter 1-26 , promulgate rules to require any state agency publishing a document meant to be a permanent public record to print the document on a permanent type of paper and to specify the type of permanent paper to be used for each document. The state agency shall note the use of such paper in each document.

Source: SL 1991, ch 52, § 2; SL 1993, ch 15; SL 2011, ch 2, § 106.
S.D. Codified Laws § 1-26A-10 — SD Code / Title 1 / Chapter 26A / Section 1-26A-10
Definitions applicable to rules
Status: in_force

The definitions in § 2-14-2 also apply to the Administrative Rules of South Dakota, unless the context of the defined word plainly requires a different meaning.

Source: SL 1983, ch 13, § 4.
S.D. Codified Laws § 1-11-7 — SD Code / Title 1 / Chapter 11 / Section 1-11-7
Investigations by attorney general--Authority and duty
Status: in_force

Either branch of the state Legislature may by its separate resolution, or the Legislature may by a concurrent resolution of both branches, or the Governor may by an executive order filed in the office of the secretary of state, direct the attorney general to investigate, or the attorney general may upon his own relation with consent of the Governor, investigate any office, department, bureau, board, commission, institution, or any other component part of the state government, or any particular transaction which may require investigation. Upon delivery to him of a copy of such resolution or order certified by the secretary of state or by the presiding officer and secretary or chief clerk of either branch of the Legislature, it shall be the duty of the attorney general to make the investigation and any required report or reports thereof, and to take such further action as may be required.

Source: SDC 1939, § 55.1508; SL 1964, ch 153.
S.D. Codified Laws § 1-19A-12 — SD Code / Title 1 / Chapter 19A / Section 1-19A-12
Coordination of activities of local commissions
Status: in_force

The South Dakota State Historical Society shall coordinate the activities of local historical commissions in accordance with the state plan and programs for historic preservation.

Source: SL 1973, ch 14, § 5 (9); SL 2009, ch 1, § 62; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-19B-3 — SD Code / Title 1 / Chapter 19B / Section 1-19B-3
Members of preservation commission--Terms of office--Residence
Status: in_force

The Historic Preservation Commission shall consist of not less than five nor more than ten members, who shall be appointed by the governing body with due regard to proper representation of such fields as history, architecture, urban planning, archaeology, paleontology, and law. Each member of the commission shall serve for terms not to exceed three years, being eligible for reappointment as shall be specified by the governing body. Any residency requirement shall be as specified by the governing body.

Source: SL 1974, ch 21, § 2; SL 1980, ch 12, § 5; SL 2015, ch 9, § 1.
S.D. Codified Laws § 1-33B-3.8 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.8
Contents of investment-grade energy audit
Status: in_force

An investment-grade energy audit shall include estimates of all costs and guaranteed cost savings for the proposed energy performance contract, including cost of design, engineering, equipment, materials, installation, maintenance, repairs, monitoring and verification, commissioning, training, and debt service.

Source: SL 2016, ch 14, § 10.
S.D. Codified Laws § 1-16A-64 — SD Code / Title 1 / Chapter 16A / Section 1-16A-64
Short title of chapter
Status: in_force

This chapter may be referred to and cited as the "South Dakota Health and Educational Facilities Authority Act."

Source: SL 1972, ch 10, § 24.
S.D. Codified Laws § 1-51-11 — SD Code / Title 1 / Chapter 51 / Section 1-51-11
Performance by Division of Commercial Inspection and Licensing of heavy scales functions
Status: in_force

The Division of Commercial Inspection and Licensing shall, under the direction and control of the secretary of public safety, perform all the functions of the former heavy scales division of the Public Utilities Commission, created by chapter 37-22 .

Source: SL 1973, ch 2, § 53; SL 1974, ch 19, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 88; SL 2004, ch 17, § 4; SDCL § 1-35-7 .
S.D. Codified Laws § 1-11-23 — SD Code / Title 1 / Chapter 11 / Section 1-11-23
Program participation as condition of parole
Status: in_force

The Board of Pardons and Paroles, the Department of Corrections, or any parole agent may condition parole upon participation in the 24/7 sobriety program and payment of associated cost and expense.

Source: SL 2007, ch 4, § 7.
S.D. Codified Laws § 1-16A-8 — SD Code / Title 1 / Chapter 16A / Section 1-16A-8
Meetings open to public--Notice--Resolutions not published
Status: in_force

Each meeting of the authority for any purpose whatsoever shall be open to the public. Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted.

Source: SL 1972, ch 10, § 4.
S.D. Codified Laws § 1-33B-3.7 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.7
Preparation of investment-grade energy audit
Status: in_force

A qualified energy service provider, selected by a governmental unit pursuant to §§ 1-33B-3 and 1-33B-3.4 to 1-33B-3.6 , inclusive, shall prepare an investment-grade energy audit. The audit shall be incorporated into the energy performance contract.

Source: SL 2016, ch 14, § 9.
S.D. Codified Laws § 1-26-27 — SD Code / Title 1 / Chapter 26 / Section 1-26-27
License proceeding treated as contested case
Status: in_force

When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, or an applicant, a party or an agency requests a hearing, the provisions of this chapter concerning contested cases apply.

Source: SL 1966, ch 159, § 14 (1); SL 1973, ch 10.
S.D. Codified Laws § 1-54-6 — SD Code / Title 1 / Chapter 54 / Section 1-54-6
Advice to Department of Tribal Relations
Status: in_force

The Governor shall invite and solicit the officials of the Bureau of Indian Affairs and officials of the Division of Indian Health of the United States Public Health Service, the United States Departments of Housing and Urban Development, Labor, Justice, Agriculture, and Transportation, and the United States Department of Health and Human Services, the United States Attorney's Office for the district of South Dakota and the United States Economic Development Administration, to participate and act in an advisory capacity to the Department of Tribal Relations.

Any state agency, commission, board, department, or institution shall render such advice and assistance to the Department of Tribal Relations as the office may deem necessary in fulfillment of the provisions of this chapter.

Source: SL 1959, ch 460, § 2; SDC Supp 1960, § 65.0803; SL 1961, ch 463, § 2; SL 1974, ch 4, § 4; SL 1975, ch 9, § 4; SL 1987, ch 395 (Ex. Ord. 87-6), §§ 17-20, 1995, ch 320 (Ex. Ord. 95-4), § 20; SDCL § 1-4-4 ; SL 2009, ch 1, §§ 1, 2; SDCL § 1-52-12 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 132, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-53-19 — SD Code / Title 1 / Chapter 53 / Section 1-53-19
Confidentiality of certain information concerning small business credit initiative loans
Status: in_force

The deliberations of the Board of Economic Development concerning small business credit initiative loans are confidential and are exempt from public disclosure. Any documentary material or data made or received by the Board of Economic Development or the Governor's Office of Economic Development for the purpose of acting upon an application for a small business credit initiative loan or administering the loan, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, are not considered public records, and are exempt from disclosure. Nothing in this section prohibits the disclosure of confidential information to the extent necessary to collect or recoup the loan or as may be required under applicable federal law.

Source: SL 2012, ch 15, § 5; SL 2022, ch 6, § 5.
S.D. Codified Laws § 1-16G-74 — SD Code / Title 1 / Chapter 16G / Section 1-16G-74
Requirements for new frontiers program applicants
Status: in_force

A person may apply for a new frontiers payment pursuant to §§ 1-16G-73 to 1-16G-84 , inclusive. The person shall:

(1) Timely file an application as required by § 1-16G-75 ;

(2) Receive a permit from GOED pursuant to § 1-16G-77 ;

(3) Timely file an affidavit for new frontiers payment as required by § 1-16G-78 ; and

(4) Comply with the provisions of §§ 1-16G-73 to 1-16G-84 , inclusive, to qualify for the new frontiers payment.

A program with a commencement date after March 31, 2016, may receive a new frontiers payment as provided by §§ 1-16G-73 to 1-16G-84 , inclusive.

Source: SL 2016, ch 5, § 2.
S.D. Codified Laws § 1-27-20 — SD Code / Title 1 / Chapter 27 / Section 1-27-20
Common language used in public documents, records, and meetings--Official indigenous language
Status: in_force

The common language of the state is English. The common language is designated as the language of any official public document or record and any official public meeting. The official indigenous language of the state is the language of the O'ceti Sakowin, Seven Council Fires, also known by treaty as the Great Sioux Nation, comprised of three dialects, Lakota, Dakota, and Nakota.

Source: SL 1995, ch 9, § 1; SL 2019, ch 6, § 1.
S.D. Codified Laws § 1-13-2 — SD Code / Title 1 / Chapter 13 / Section 1-13-2
Towers, repeater stations, and subheadquarters authorized
Status: in_force

The Bureau of Information and Technology may locate, construct, establish, equip, and maintain such towers, repeater stations, and subheadquarters as may be necessary, and for such purpose may acquire by purchase, lease, or condemnation all necessary sites and locations in order to install, establish, and operate a state communications system as provided by this chapter.

Source: SL 1945, ch 321, §§ 1, 5; SDC Supp 1960, § 55.1608-1; SL 1999, ch 177, § 9; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-56-5 — SD Code / Title 1 / Chapter 56 / Section 1-56-5
Bureau of Finance and Management to provide administrative support
Status: in_force

The Bureau of Finance and Management shall provide administrative support to the board. If necessary, the board shall seek the advice of the auditor-general.

Source: SL 2016, ch 16, § 5, eff. Mar. 16, 2016.
S.D. Codified Laws § 1-6-16.1 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.1
State fossil
Status: in_force

Triceratops is hereby designated as the official fossil of the State of South Dakota.

Source: SL 1988, ch 6; SL 1989, ch 30, § 2.
S.D. Codified Laws § 1-11-24 — SD Code / Title 1 / Chapter 11 / Section 1-11-24
Promulgation of rules
Status: in_force

The Office of the Attorney General, pursuant to chapter 1-26 , may promulgate rules for the administration of §§ 1-11-17 to 1-11-25 , inclusive, to:

(1) Regulate the nature, method, and manner of testing;

(2) Provide for procedures and apparatus for testing including electronic monitoring devices, ignition interlock devices, and mobile breath alcohol testing devices; and

(3) Require the submission of reports and information by law enforcement agencies within this state.

Source: SL 2007, ch 4, § 8; SL 2011, ch 4, § 4; SL 2017, ch 3, § 2.
S.D. Codified Laws § 1-6-15.1 — SD Code / Title 1 / Chapter 6 / Section 1-6-15.1
State Fishing Museum
Status: in_force

The Museum of Wildlife, Science, and Industry located in the city of Webster is designated as the site of the official State Fishing Museum for the State of South Dakota.

Source: SL 2004, ch 6, § 1.
S.D. Codified Laws § 1-33B-3.11 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.11
Reduction in amount of financing--Contract term--Measurement and verification report
Status: in_force

All permissible sources, including utility incentives, grants, operating costs, or capital budgets, may be used to reduce the amount of financing.

An energy performance contract may extend beyond the current fiscal year, but may not exceed fifteen years, the cost-weighted average useful life of the cost-saving measure, or the term of financing, whichever is shortest.

During the guarantee period, a qualified energy service provider shall measure and verify reductions in energy consumption and costs attributable to cost-saving measures implemented pursuant to an energy performance contract and prepare and provide a measurement and verification report to the governmental unit at least once a year.

Source: SL 2016, ch 14, § 13.
S.D. Codified Laws § 1-16H-14 — SD Code / Title 1 / Chapter 16H / Section 1-16H-14
Record of proceedings--Filings--Copies--Certification
Status: in_force

The executive director or other person designated by the authority shall keep a record of the proceedings thereof and shall be custodian of all books, documents, and papers filed with the authority, the minute books or journal of the authority and its official seal. The executive director or other person designated by the authority may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates.

Source: SL 2004, ch 15, § 14.
S.D. Codified Laws § 1-16A-29 — SD Code / Title 1 / Chapter 16A / Section 1-16A-29
Rules and regulations for use of facilities
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to establish rules and regulations for the use of facilities and to designate a participating health institution or participating educational institution, as the case may be, as its agent, to establish rules and regulations for the use of the facilities undertaken or operated by such participating health institution or participating educational institution, as the case may be.

Source: SL 1972, ch 10, § 7 (10).
S.D. Codified Laws § 1-27-40.2 — SD Code / Title 1 / Chapter 27 / Section 1-27-40.2
Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access
Status: in_force

In a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41 , if the court determines that the public entity acted unreasonably and in bad faith the court may award costs, disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records were delayed through the fault of the public entity. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.

Source: SL 2011, ch 11, § 2.
S.D. Codified Laws § 1-24-24 — SD Code / Title 1 / Chapter 24 / Section 1-24-24
Agreement with Indian tribe regarding high school equivalency test administered on Indian reservation
Status: in_force

The Governor of the State of South Dakota is hereby authorized to enter into an agreement under the provisions of this chapter with any federally recognized Indian tribe. The purpose of any agreement entered into pursuant to this section is to allow the Indian tribes to select the high school equivalency test that is administered at testing sites located within the exterior boundaries of Indian reservations within the state.

Source: SL 2016, ch 8, § 1.
S.D. Codified Laws § 1-16A-35 — SD Code / Title 1 / Chapter 16A / Section 1-16A-35
Purpose of planning service fees--Agencies used in planning
Status: in_force

It is anticipated the fees required by §§ 1-16A-33 and 1-16A-34 shall be used for necessary expenses to determine the need of facilities in the area concerned and to that end the authority may utilize recognized voluntary and official health planning and educational planning organizations and agencies at local, regional and state levels as well as the state statutory bodies having health or educational facilities planning responsibilities and also for necessary administrative expenses.

Source: SL 1972, ch 10, § 15.
S.D. Codified Laws § 1-16G-67 — SD Code / Title 1 / Chapter 16G / Section 1-16G-67
Promulgation of rules on reinvestment payments
Status: in_force

The board may promulgate rules, pursuant to chapter 1-26 , concerning the procedures and forms for applying for and receiving the reinvestment payment, the requirements necessary to qualify for the reinvestment payment, and the criteria to evaluate projects submitting applications.

Source: SL 2013, ch 7, § 35, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-16H-21 — SD Code / Title 1 / Chapter 16H / Section 1-16H-21
Suit by holder of revenue bond to compel payment of principal, interest, or premium--Jurisdiction
Status: in_force

If the authority fails to pay the principal of or interest on any of the revenue bonds or premium, if any, as the principal or interest becomes due, a civil action to compel payment may be instituted in the appropriate circuit court by the holder or holders of the revenue bonds on which such default of payment exists or by an indenture trustee acting on behalf of such holders. Delivery of a summons and a copy of the complaint to the chair of the board constitutes sufficient service to give the circuit court jurisdiction of the subject matter of such a suit and jurisdiction over the authority and its officers named as defendants for the purpose of compelling such payment.

Source: SL 2004, ch 15, § 21, eff. Feb. 11, 2004; SL 2009, ch 1, § 24.
S.D. Codified Laws § 1-27-37 — SD Code / Title 1 / Chapter 27 / Section 1-27-37
Written request for disclosure of records
Status: in_force

If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to this section:

(1) A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request. The public record officer shall respond to the request by:

(a) Providing the record in whole or in part to the requestor upon payment of any applicable fees pursuant to §§ 1-27-35 and 1-27-36 ;

(b) Denying the request for the record; or

(c) Acknowledging that the public record officer has received the request and providing an estimate of the time reasonably required to further respond thereto;

(2) Additional time to respond to the written request under subsection (1)(c) of this section may be based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request;

(3) If a written request is unclear, the public record officer may require the requestor to clarify which records are being sought. If the requestor fails to provide a written response to the public record officer's request for clarification within ten business days, the request shall be deemed withdrawn and no further action by the public records officer is required;

(4) If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial;

(5) If the public record officer fails to respond to a written request within ten business days, or fails to comply with the estimate provided under subsection (1)(3) of this section without provision of a revised estimate, the request shall be deemed denied.

Source: SL 2008, ch 14, § 5.
S.D. Codified Laws § 1-16A-50 — SD Code / Title 1 / Chapter 16A / Section 1-16A-50
General obligation not created by issuance of bonds--Tax levy not promised
Status: in_force

Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt or liability of the state or of any political subdivision thereof other than the authority or a pledge of the faith and credit of the state or of any such political subdivision other than the authority, but shall be payable solely from the funds herein provided therefor. The issuance of bonds under the provisions of this chapter shall not, directly or indirectly or contingently, obligate the state or any political subdivision thereof to levy any form of taxation therefor or to make any appropriation for their payment.

Source: SL 1972, ch 10, § 13.
S.D. Codified Laws § 1-19B-48 — SD Code / Title 1 / Chapter 19B / Section 1-19B-48
Issuance of certificate when proposed change appropriate
Status: in_force

If the Historic District Commission determines that the proposed construction, reconstruction, alteration, moving, or demolition is appropriate, it shall forthwith approve such application and shall issue to the applicant a certificate of appropriateness.

Source: SL 1974, ch 21, § 11.
S.D. Codified Laws § 1-16A-42 — SD Code / Title 1 / Chapter 16A / Section 1-16A-42
Bonds payable only from revenues
Status: in_force

All bonds issued by the authority shall be payable solely out of the revenues and receipts derived from the leasing or sale by the authority of the facilities concerned or of any thereof as may be designated in the resolutions of the authority under which the bonds shall be authorized to be issued or as may be designated in a trust indenture authorized by the authority.

Source: SL 1972, ch 10, § 10.
S.D. Codified Laws § 1-22-6 — SD Code / Title 1 / Chapter 22 / Section 1-22-6
Freedom of expression preserved
Status: in_force

This chapter may not be construed to provide control by the council over the content or expression of any of the art forms.

Source: SL 1966, ch 183, § 6; SL 1985, ch 12, § 8.
S.D. Codified Laws § 1-43-31 — SD Code / Title 1 / Chapter 43 / Section 1-43-31
Information excepted from health data system reporting requirements
Status: in_force

Nothing established in §§ 1-43-19 and 1-43-33 , or in any rules promulgated pursuant thereto requires any health facility as defined in chapter 34-12 to provide any information which would violate the provisions of § 36-4-26.1 .

Source: SL 1994, ch 24, § 5; SL 2013, ch 154, § 8.
S.D. Codified Laws § 1-16H-31.8 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.8
Deposit with court of money representing just compensation for subsurface property--Expedition of proceedings
Status: in_force

If the authority elects to utilize the procedures set forth in §§ 1-16H-31.2 to 1-16H-31.7 , inclusive, for possession of subsurface property, the authority shall deposit with the court the money required by § 21-35-11 as a condition to the exercise of such power. In that case, the court and the attorneys shall expedite the proceedings for the distribution of the money deposited and for the ascertainment and payment of just compensation.

Source: SL 2005, ch 12, § 8.
S.D. Codified Laws § 1-22-11 — SD Code / Title 1 / Chapter 22 / Section 1-22-11
Art for state buildings fund--Use and derivation of funds
Status: in_force

A special revolving fund is established within the state treasury to be known as the art for state buildings fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of tourism and shall be used for acquisition of art as provided in §§ 1-22-9 to 1-22-17 , inclusive, and for expenses incurred in the administration of §§ 1-22-9 to 1-22-17 , inclusive. The fund may derive income from:

(1) Repealed by SL 2005, ch 15, § 2

(2) Grants;

(3) Gifts; or

(4) Other appropriations made by the Legislature.

Source: SL 1989, ch 14, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 81; SL 2005, ch 15, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 68, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-22-2 — SD Code / Title 1 / Chapter 22 / Section 1-22-2
Arts council created--Composition and appointment of members
Status: in_force

There is created a South Dakota State Arts Council composed of eleven members appointed by the Governor. The members of the council shall be chosen to the extent practicable as representative of all the state's major art forms including instrumental and vocal music, dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, and the arts relating to the presentation, performance and exhibition of major art forms. The members shall be geographically representative of all sections of the state. The members are not subject to removal by the Governor except for cause.

Source: SL 1966, ch 183, § 2; SL 1973, ch 7, § 1; SL 1985, ch 12, § 2; SL 1996, ch 8, § 8.
S.D. Codified Laws § 1-16A-44 — SD Code / Title 1 / Chapter 16A / Section 1-16A-44
Pledge continuing until bonds paid
Status: in_force

Each pledge, agreement, lease, indenture, mortgage and deed of trust made for the benefit or security of any of the bonds of the authority shall continue effective until the principal of and interest on the bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made.

Source: SL 1972, ch 10, § 12.
S.D. Codified Laws § 1-16H-41 — SD Code / Title 1 / Chapter 16H / Section 1-16H-41
Homestake Mine donation
Status: in_force

The authority may accept the donation of the former Homestake Mine in Lead, South Dakota, or any part thereof.

Source: SL 2004, ch 15, § 41.
S.D. Codified Laws § 1-26-4.12 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.12
Major rule--Interim Rules Review Committee authority--Reverted rule process--Duty to report--Subsequent legislation
Status: in_force

For a major rule, the Interim Rules Review Committee may:

(1) Revert the rule to an earlier step in the rule adoption procedure to permit consideration of an amendment to the proposed rule that would no longer make it a major rule;

(2) Determine there is sufficient legislative authority for the agency to implement the proposed rule and declare the rulemaking process complete; or

(3) Recommend that the rule be brought as future legislation, and that the Legislature vote to enact or not to enact the legislation.

If the agency proposing the major rule seeks to amend the rule for the Interim Rules Review Committee's reconsideration, the agency must submit an updated regulatory impact analysis to the commissioner of the Bureau of Finance and Management, code counsel, and the Interim Rules Review Committee, at least twenty days prior to the committee hearing at which the rule is to be reconsidered.

Any proposed rule addressed pursuant to this section must be reported to the Executive Board of the Legislative Research Council annually prior to the regular session.

Any legislation seeking to enact the substance of any proposed rule addressed pursuant to this section, whether in statute or as directed via the permanent rulemaking process, must be denoted as having substance that was previously brought before the Interim Rules Review Committee as a major rule, and whether or not the Interim Rules Review Committee recommended enactment of that substance.

Source: SL 2026, ch 7, § 6.
S.D. Codified Laws § 1-33B-3 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3
Request for proposal defined
Status: in_force

For the purposes of this chapter, the term, request for proposal, means a procurement announcement through a public notice, from a governmental unit which administers the program. The request for proposal shall include the following:

(1) The name and address of the governmental unit;

(2) The name, address, title, and phone number of contact person;

(3) The response due date and time deadline;

(4) The location and scope of the project;

(5) The project completion deadline;

(6) The evaluation criteria for awarding a contract; and

(7) Any other stipulations and clarifications the governmental unit may require.

Source: SL 1992, ch 14, § 3; SL 2009, ch 1, § 121; SL 2016, ch 14, § 5.
S.D. Codified Laws § 1-27-47 — SD Code / Title 1 / Chapter 27 / Section 1-27-47
Affordability of public access to electronic records database
Status: in_force

A public entity that creates or maintains an electronic public records database or that enters into a contract for an electronic public records database shall consider the cost and affordability of public access.

Source: SL 2013, ch 12, § 1.
S.D. Codified Laws § 1-27-40 — SD Code / Title 1 / Chapter 27 / Section 1-27-40
Findings and decision of Office of Hearing Examiners
Status: in_force

Upon receipt and review of the submissions of the parties, the Office of Hearing Examiners shall make written findings of fact and conclusions of law, and a decision as to the issue presented. Before issuing a decision, the Office of Hearing Examiners may hold a hearing pursuant to chapter 1-26 if good cause is shown.

Source: SL 2008, ch 14, § 8.
S.D. Codified Laws § 1-19-7 — SD Code / Title 1 / Chapter 19 / Section 1-19-7
Acceptance of Savo monument site
Status: in_force

The South Dakota State Historical Society, as trustee for the state, may accept title to an acre or smaller quantity of land on which the Savo monument stands in the northwest corner of section twenty-seven, township one hundred twenty-eight, range sixty-three, in Savo township, Brown County, South Dakota and assume custody of such tract and monument.

Source: SL 1959, ch 168; SDC Supp 1960, § 29.0504; SL 2009, ch 1, § 53; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-16A-3 — SD Code / Title 1 / Chapter 16A / Section 1-16A-3
Authority created--Public function
Status: in_force

There is hereby created a body politic and corporate to be known as the "South Dakota Health and Educational Facilities Authority." The authority is constituted a public instrumentality and the exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential public function.

Source: SL 1972, ch 10, § 3.
S.D. Codified Laws § 1-16B-52 — SD Code / Title 1 / Chapter 16B / Section 1-16B-52
Issuance of bonds and obligations--Additional proceedings not required--Transferred rights, powers, privileges, and functions supplementary--Liberal construction
Status: in_force

No additional proceedings, referendum, notice or approval is required as a result of §§ 1-16B-50 to 1-16B-52 , inclusive, for the issuance of bonds or other obligations or any instrument as security therefor. The rights, powers, authority, privileges, functions, and other properties transferred to the South Dakota Economic Development Finance Authority by this order are in addition and supplementary to all of the rights, powers, authority, privileges, functions, and other properties conferred upon the authority by existing statute. The authority may exercise or avail itself to any and all of the rights, powers, authority, privileges, functions, and other properties established under either or both existing statutes and §§ 1-16B-50 to 1-16B-52 , inclusive. Nothing herein contained may be construed as a restriction or limitation upon the powers, authority, privileges, functions, rights, and properties of the authority which might otherwise be available, but shall be construed as cumulative of any such powers, authority, privileges, functions, rights, and properties. Sections 1-16B-50 to 1-16B-52 , inclusive, shall be liberally construed to accomplish the purposes expressed herein.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 39.
S.D. Codified Laws § 1-30-7 — SD Code / Title 1 / Chapter 30 / Section 1-30-7
Exercise of powers by emergency successor to local office--Termination of powers
Status: in_force

In the event that any officer of any political subdivision (or his deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the Constitution or statutes or until the officer (or his deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his office.

Source: SL 1961, ch 285, § 6.
S.D. Codified Laws § 1-53-32 — SD Code / Title 1 / Chapter 53 / Section 1-53-32
United States held free from liability
Status: in_force

The United States and the secretary of agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-23 to 1-53-37 , inclusive.

Source: SL 1951, ch 4, § 6; SDC Supp 1960, § 4.0120; SDCL § 38-6-10 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 51, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-6-16.9 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.9
State bread
Status: in_force

Fry bread is hereby designated as the official state bread of South Dakota.

Source: SL 2005, ch 6, § 1.
S.D. Codified Laws § 1-13-7 — SD Code / Title 1 / Chapter 13 / Section 1-13-7
Officers with receiving sets to report to bureau
Status: in_force

Every sheriff, deputy sheriff, police officer, or other person securing a receiving set under the provisions of this chapter, shall make a report to the Bureau of Information and Technology at such times and containing such information as the bureau shall require by rules promulgated pursuant to chapter 1-26 .

Source: SDC 1939, § 55.1610; SL 1999, ch 177, § 13; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-36A-1.1 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.1
Department created
Status: in_force

There is created a Department of Human Services.

Source: SL 1989, ch 21, § 1.
S.D. Codified Laws § 1-26-33.4 — SD Code / Title 1 / Chapter 26 / Section 1-26-33.4
Brief of appellee--Contents
Status: in_force

The brief of the appellee shall conform to the same requirements as the brief of the appellant, except that the jurisdictional statement, statement of the issues or of the case need not be made unless the appellee is dissatisfied with the statements made by the appellant. If a notice of review is filed, the appellee's brief shall contain the issues specified in the notice of review and the argument thereon as well as the answer to the brief of the appellant.

Source: Supreme Court Rule 82-35.
S.D. Codified Laws § 1-1-1.1 — SD Code / Title 1 / Chapter 1 / Section 1-1-1.1
Retrocession of jurisdiction over federal enclaves--Indian lands excluded--Filing of documents--Document content--Agreement authorized
Status: in_force

By appropriate executive order, the Governor may accept on behalf of the state retrocession of full or partial jurisdiction, juvenile, criminal, or civil, over any roads, highways, or other lands in federal enclaves, excluding Indian reservations and federal enclaves outside the boundaries of an Indian reservation established for Indian use, within the state where retrocession is offered by appropriate federal authority. Documents concerning the retrocession must be filed in the Office of the Secretary of State and in the office of the register of deeds of the county wherein the lands are located. The documents must:

(1) State the subject matter for the jurisdiction offer;

(2) Provide a metes-and-bounds description of the boundary of the jurisdiction offer; and

(3) Indicate whether the request includes future expansions of land acquired for military purposes.

Upon the establishment of concurrent jurisdiction, any state or local agency may enter into a reciprocal agreement or memorandum of understanding with any agency of the United States for coordination and designation of responsibilities related to the transfer of jurisdiction.

Source: SL 1975, ch 63; SL 2024, ch 3, § 1.
S.D. Codified Laws § 1-16A-31 — SD Code / Title 1 / Chapter 16A / Section 1-16A-31
Loans to participating institutions--Maximum amount
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of any participating health institution or participating educational institution, as the case may be, for the cost of the facilities in accordance with an agreement between the authority and such participating health institution or participating educational institution, as the case may be. No such loan may exceed the total cost of such facilities as determined by such participating health institution or participating educational institution, as the case may be, and approved by the authority. Such loans may be made to an entity affiliated with a participating health institution or participating educational institution, as the case may be, if the proceeds of such loans are made available to or otherwise applied for the benefit of such participating health institution or participating educational institution, as the case may be.

Source: SL 1972, ch 10, § 7 (13); SL 1998, ch 7, § 2.
S.D. Codified Laws § 1-1A-4 — SD Code / Title 1 / Chapter 1A / Section 1-1A-4
Government authority--Limitations related to the exercise of religion
Status: in_force

Notwithstanding any other provision of law, no state agency, political subdivision, or any elected or appointed official or employee of this state or its political subdivisions may:

(1) Substantially burden a person's exercise of religion unless applying the burden to that person's exercise of religion in a particular situation is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling government interest;

(2) Treat religious conduct more restrictively than any secular conduct of reasonably comparable risk; or

(3) Treat religious conduct more restrictively than comparable secular conduct because of alleged economic need or benefit.

This section constitutes a general law of the state within the meaning of S.D. Const., Article IX, § 2 and supersedes any contrary provision in a home rule charter. Any person aggrieved by a violation of this section may file an action for damages, injunctive relief, or other appropriate redress in circuit court, or may assert such violation as a defense in a judicial or administrative proceeding. The plaintiff, if the prevailing party, may also recover reasonable attorney's fees and costs.

Source: SL 2021, ch 3, § 1.
S.D. Codified Laws § 1-27-25 — SD Code / Title 1 / Chapter 27 / Section 1-27-25
Common language requirements not applicable to private activities
Status: in_force

Sections 1-27-20 to 1-27-25 , inclusive, may not be construed in any way to infringe upon the rights of citizens under the State Constitution or the Constitution of the United States in the use of language in any private activity. No agency or officer of the state nor any political subdivision of the state may place any restrictions or requirements regarding language usage in any business operating in the private sector other than official documents, forms, submissions, or other communications directed to government agencies and officers, which communications shall be in the common language as recognized in §§ 1-27-20 to 1-27-25 , inclusive.

Source: SL 1995, ch 9, § 6.
S.D. Codified Laws § 1-16A-39 — SD Code / Title 1 / Chapter 16A / Section 1-16A-39
Terms and form of bonds issued
Status: in_force

The bonds may be issued as serial bonds or as term bonds or a combination of both types. Such bonds may be executed and delivered by the authority at any time and from time to time, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty years from the date thereof, may be payable at such place or places whether within or without the State of South Dakota, may bear interest at such rate or rates per annum as shall be determined by the authority and without regard to any interest rate limitation appearing in any other law, payable at such time or times and at such place or places and evidenced in such manner, may be executed by such officers of the authority, either manually or by facsimile, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the authority, and may contain such provisions not inconsistent herewith, all as shall be provided in the resolutions of the authority whereunder the bonds shall be authorized to be issued or as shall be provided in a trust indenture authorized by the authority.

Source: SL 1972, ch 10, § 10.
S.D. Codified Laws § 1-53-34 — SD Code / Title 1 / Chapter 53 / Section 1-53-34
Value added agriculture subfund created
Status: in_force

There is created within the rural rehabilitation fund created in § 1-53-23 , the value added agriculture subfund. The purpose of the subfund created by this section is to make grants or loans for agricultural development, feasibility studies, or marketing.

Source: SL 2013, ch 192, § 4; SDCL § 38-6-13; SL 2019, ch 235 (Ex. Ord. 19-1), § 54, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-16B-22 — SD Code / Title 1 / Chapter 16B / Section 1-16B-22
Issuance of refunding obligations--Terms governed by chapter
Status: in_force

The authority may issue refunding obligations to retire outstanding obligations which have been issued under the provisions of this chapter, including any redemption premium and interest accrued or which will accrue by the date of redemption or for any corporate purpose of the authority. The issuance of refunding obligations, the maturities and other details thereof, the rights of holders thereof, and the rights, duties, and obligations of the authority in respect to the same shall be governed by the provisions of this chapter which relate to the issuance of obligations where appropriate.

Source: SL 1978, ch 9, § 19.
S.D. Codified Laws § 1-47-15 — SD Code / Title 1 / Chapter 47 / Section 1-47-15
Division of Lottery transferred
Status: transferred

The Division of Lottery, created by chapter 42-7A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Revenue created by Executive Reorganization Order 2011-01. The secretary of revenue shall perform the functions of the Executive Director of the Lottery and the former secretary of revenue and regulation, relating to the Division of Lottery.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 56, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 51, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16A-87 — SD Code / Title 1 / Chapter 16A / Section 1-16A-87
Program for issuance of bonds or certificates of participation that constitute debt of participating agencies--Secured for payment by proceeds of irrepealable tax levies
Status: in_force

In addition to the authorization granted by § 1-16A-86 , the authority may establish a program for, or issue or assist others in the issuance of, bonds, certificates of participation or other instruments that directly or indirectly constitute a debt or other obligation of one or more participating public agencies and which may be secured directly or indirectly by the proceeds of irrepealable tax levies of the participating public agencies.

Source: SL 1991, ch 11, § 11.
S.D. Codified Laws § 1-51-10 — SD Code / Title 1 / Chapter 51 / Section 1-51-10
Functions of Division of Commercial Inspection and Licensing
Status: in_force

The Division of Commercial Inspection and Licensing of the Department of Public Safety shall perform:

(1) The functions of the former Division of Consumer Protection pursuant to chapters 34-39 , 37-2 , 37-20 , 37-21 , 37-22 , 37-22A , 39-1 , 39-4 , and 39-13 ; and

(2) The functions of the Department of Agriculture pursuant to chapter 37-21A .

Source: SL 1979, ch 351, §§ 28 to 32; SL 1979, ch 5, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 87; SL 2004, ch 17, § 3; SDCL § 1-35-6.2 .
S.D. Codified Laws § 1-41-11.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-11.1
Officers of board--Quorum--Removal of members
Status: in_force

The Board of Water and Natural Resources shall annually elect from its members such officers as it deems advisable. A majority of the board members constitutes a quorum. The members are removable for cause only.

Source: SL 1973, ch 2, § 120; SL 1974, ch 3, § 37; SL 2011, ch 165, § 1; SDCL § 1-40-6; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16A-43 — SD Code / Title 1 / Chapter 16A / Section 1-16A-43
Pledge of revenues to secure bonds
Status: in_force

The principal of and interest on any bonds issued by the authority shall be secured by a pledge of the revenues, rentals, and receipts out of which the same shall be made payable and may be secured by a trust indenture or mortgage or deed of trust (including assignment of leases or other contract rights of the authority thereunder) covering all or any part of the facilities from which the revenues, rentals, or receipts so pledged may be derived, including any enlargements of and additions to any such facilities thereafter made.

Source: SL 1972, ch 10, § 12.
S.D. Codified Laws § 1-36A-10.6 — SD Code / Title 1 / Chapter 36A / Section 1-36A-10.6
Exception for interpreting during religious service
Status: in_force

Any person may engage in interpreting during the worship service of any religious organization without being certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services.

Source: SL 2006, ch 6, § 5.
S.D. Codified Laws § 1-53-40 — SD Code / Title 1 / Chapter 53 / Section 1-53-40
Authority of Governor's Office of Economic Development--Program requirements and operation
Status: in_force

The commissioner of the Governor's Office of Economic Development may establish quality protocols, guidelines, program requirements, license fees, and license requirements and operate, supervise, and control the South Dakota Certified beef program.

Source: SL 2005, ch 218, § 3, eff. Mar. 8, 2005; SDCL § 39-24-3 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 60, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-33B-9 — SD Code / Title 1 / Chapter 33B / Section 1-33B-9
Contracts not subject to chapter5-18A
Status: in_force

Guaranteed energy savings contracts are not subject to the requirements of chapter 5-18A .

Source: SL 1992, ch 14, § 9; SL 2011, ch 2, § 107.
S.D. Codified Laws § 1-6-13 — SD Code / Title 1 / Chapter 6 / Section 1-6-13
State grass
Status: in_force

Western wheat grass (agropyron smithii) is hereby designated as the state grass for the State of South Dakota.

Source: SL 1970, ch 13.
S.D. Codified Laws § 1-36A-10.4 — SD Code / Title 1 / Chapter 36A / Section 1-36A-10.4
Provisional certification
Status: in_force

The Department of Human Services may issue provisional certification to a person who:

(1) Has graduated from a postsecondary degree program of two years or more accredited in interpreter preparation or interpreter education;

(2) Participates in a department approved plan of up to five years in preparation for national testing that includes continuing education units and mentoring; and

(3) Registers annually with the department.

Provisional certification may be granted for no more than five years.

Source: SL 2006, ch 6, § 3.
S.D. Codified Laws § 1-19B-2 — SD Code / Title 1 / Chapter 19B / Section 1-19B-2
County and municipal historic preservation commissions--Purpose
Status: in_force

The governing body of any county or municipality may establish an historic preservation commission, to preserve, promote, and develop the historical resources of such county or municipality in accordance with the provisions of this chapter.

Source: SL 1974, ch 21, § 2; SL 2009, ch 1, § 70.
S.D. Codified Laws § 1-33-54 — SD Code / Title 1 / Chapter 33 / Section 1-33-54
Data processing service and maintenance contracts--Limitation of remedies
Status: in_force

The commissioner of the Bureau of Information and Technology may enter into automatic data processing equipment and maintenance contracts which contain reasonable and lawful provisions regarding limitation of remedies. Nothing in this section, however, shall authorize a limitation of remedies which is contrary to the provisions of chapter 53-9 .

Source: SL 1978, ch 7, § 3; SDCL, § 1-14-12.8; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-36A-16 — SD Code / Title 1 / Chapter 36A / Section 1-36A-16
Certain practices not prohibited
Status: in_force

The provisions of §§ 1-36A-10.1 to 1-36A-15 , inclusive, do not prohibit:

(1) Any signing assistance in a medical emergency until the assistance of a certified interpreter is obtained;

(2) The practice of interpreting, if directly supervised by a certified interpreter, included in a program of study by a student enrolled in an approved program for the preparation of interpreters for the deaf;

(3) The practice of a legally qualified interpreter for the deaf from another state employed by the United States government and performing official duty in this state; and

(4) The practice of interpreting in this state by an interpreter for the deaf currently licensed in another state, territory, or foreign country who is present in this state to lecture relative to the practice of interpreting for a period of not more than twenty days.

Source: SL 1993, ch 21, § 7; SL 2006, ch 6, § 12.
S.D. Codified Laws § 1-1-3 — SD Code / Title 1 / Chapter 1 / Section 1-1-3
Consent to land acquisition by United States--Acreage limit
Status: in_force

The people of this state by their Legislature consent to the purchase or condemnation, by the United States, in the manner prescribed by law, of any tract of land within this state owned by any natural person or private corporation, required by the United States for any public building, public work, or other public purpose; provided that in the case of public buildings such tract shall not exceed ten acres in extent.

Source: SDC 1939, § 55.0102.
S.D. Codified Laws § 1-26D-7 — SD Code / Title 1 / Chapter 26D / Section 1-26D-7
Rules on finality of decision--Notice
Status: in_force

An agency may provide by rule that proposed decisions in all or in specified classes of cases before that agency, or by order in individual cases, will become final without further agency action unless, within a specified time, the agency determines that the proposed decision should be reviewed or a party to the proceeding files a petition for administrative review of the proposed order. Upon occurrence of either event, notice shall be given to all parties to the proceeding.

Source: SL 1995, ch 8, § 9A
S.D. Codified Laws § 1-11-30 — SD Code / Title 1 / Chapter 11 / Section 1-11-30
Fee for ignition interlock device
Status: in_force

A participant submitting to the installation of an ignition interlock device shall pay all costs and expenses associated with the installation and operation of the ignition interlock device directly to the authorized vendor pursuant to a contract between the vendor and participant.

In addition, the participant shall pay an enrollment fee in the amount of not more than fifty dollars at the time of enrollment and monitoring fees in the amount of not more than twenty dollars at intervals to be set by the attorney general.

The participant is also financially responsible for the actual replacement cost for loss or breakage of the ignition interlock device and all associated equipment provided to the participant that is necessary to conduct ignition interlock device testing.

Source: SL 2011, ch 4, § 9; SL 2014, ch 6, § 6.
S.D. Codified Laws § 1-33-9.2 — SD Code / Title 1 / Chapter 33 / Section 1-33-9.2
Long-term lease--Definitions
Status: in_force

Terms used in § 1-33-9.3 mean:

(1) "Base rent," the amount paid by the state to a party for the use of real property pursuant to the terms of a written lease. "Base rent" does not include expenses or lease charges for taxes, insurance, utilities, maintenance, repairs, common area charges, and improvements; and

(2) "Long-term lease," any proposed real property lease by the state where the initial term of the lease exceeds a commitment of fifteen years and the base rent due during the initial term either exceeds $5,000,000 in total for the rental payments due during the term of the lease or $50,000 per month during the term of the lease.

Source: SL 2025, ch 11, § 2.
S.D. Codified Laws § 1-22-2.3 — SD Code / Title 1 / Chapter 22 / Section 1-22-2.3
Arts council to continue in Department of Tourism
Status: in_force

The arts council shall continue, with all its functions, in the Department of Tourism. The secretary of the Department of Tourism shall perform the functions formerly exercised by the former secretary of the Department of Tourism and State Development, relating to the arts council.

Source: SL 1973, ch 2, § 257; SL 1985, ch 12, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 81; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 92, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-53-46 — SD Code / Title 1 / Chapter 53 / Section 1-53-46
Agency cooperation to develop, administer, and market certified beef program
Status: in_force

The secretary of agriculture and natural resources and the commissioner of the Governor's Office of Economic Development shall consult and cooperate, and shall exchange such services, personnel, and information as are necessary and appropriate in order to develop, administer, and market the South Dakota Certified beef program.

Source: SL 2005, ch 218, § 9, eff. Mar. 8, 2005; SL 2011, ch 1 (Ex. Ord. 11-1), § 159, eff. Apr. 12, 2011; SDCL § 39-24-9; SL 2019, ch 235 (Ex. Ord. 19-1), § 66, eff. Apr. 14, 2019; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-26D-10 — SD Code / Title 1 / Chapter 26D / Section 1-26D-10
Request for appointment of another hearing examiner in contested cases
Status: in_force

Within ten days after written notification to the parties of the appointment of a hearing examiner in any contested case, any party to that contested case may file an affidavit requesting the appointment of another hearing examiner. The chief hearing examiner shall then appoint another hearing examiner to hear that contested case. Each party may file only one such affidavit in any contested case.

Source: SL 1995, ch 8, § 11; SL 1999, ch 9, § 1; SL 2003, ch 18, § 2
S.D. Codified Laws § 1-33-65 — SD Code / Title 1 / Chapter 33 / Section 1-33-65
Data processing, office systems, and telecommunications--Costs in contract
Status: in_force

The Bureau of Human Resources and Administration shall arrange with the Bureau of Information and Technology for all data processing equipment, office systems technology, and telecommunications systems as may be required to implement the contracted service, with all costs for installation, leasing of equipment, maintenance, repair, and replacement to be included in the contract charges.

Source: SL 1988, ch 11, § 4; SDCL § 1-14-12.14; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-20-22 — SD Code / Title 1 / Chapter 20 / Section 1-20-22
Notice to board of projects endangering archaeological sites--Notice to contractors
Status: in_force

When any state department, institution, or agency, or political subdivision of the state finds or is made aware by an appropriate historical or archaeological authority that its operation in connection with any state, state-assisted, state-licensed, or state-contracted project, activity, or program adversely affects or may adversely affect scientific, historical, or archaeological data, such agency shall notify the State Historical Society Board of Trustees and shall provide the board with appropriate information concerning the project, program, or activity. The provisions of this chapter shall be made known to contractors by the state agencies doing the contracting.

Source: SL 1974, ch 11, § 11; SL 2009, ch 1, § 102.
S.D. Codified Laws § 1-8-10 — SD Code / Title 1 / Chapter 8 / Section 1-8-10
Fees of secretary of state enumerated--Collection
Status: in_force

The secretary of state shall charge the following fees for services performed in the Office of the Secretary of State and shall collect the fees in advance:

(1) For making a copy or transcript of any record, instrument, or paper on file in the office, two dollars per page;

(2) For filing and safekeeping of any instrument or paper required by law to be filed, ten dollars; except the oath of office of members of the Legislature and legislative officers, employees and governmental officers, employees and agencies, no fee;

(3) For each commission, requisition, passport, or other document, signed by the Governor and attested by the secretary of state, under the great seal of the state, except commissions issued for executive appointment and extraditions, and making the proper record for the same, five dollars;

(4) For filing the application, bond, and issuing commission of a notary public, thirty dollars;

(5) For official certificate, attestation, and impression of the great seal, twenty-five dollars;

(6) For filing or recording any other instrument or document, ten dollars;

(7) For a certified copy of any document, instrument, or paper on file in the office, two dollars per page and fifteen dollars for the certificate and affixing the seal; and

(8) If the document is a petition and the request is for an electronic file the following fees shall be:

(a) Nominating petition for a legislative candidate or special district candidate, fifteen dollars;

(b) Nominating petition for a statewide candidate, fifty dollars;

(c) Petitions for statewide ballot measure, fifty dollars; and

(d) Petitions for new party formation, fifty dollars.

Source: SDC 1939, § 55.1208; SL 1959, ch 289; SL 1967, ch 250; SL 1976, ch 4, § 1; SL 1981, ch 5; SL 1985, ch 5, § 6; SL 1993, ch 8; SL 1997, ch 141, § 5; SL 2003, ch 8, § 1; SL 2009, ch 4, § 1; SL 2016, ch 2, § 8; SL 2017, ch 2, § 1.
S.D. Codified Laws § 1-5-1 — SD Code / Title 1 / Chapter 5 / Section 1-5-1
Holidays enumerated
Status: in_force

The first day of every week, known as Sunday; the first day of January, commonly known as New Year's Day; the third Monday in January, commonly known as Martin Luther King, Jr. Day; the third Monday in February, the anniversary of the birthdays of Lincoln and Washington; the last Monday of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, commonly known as Independence Day; the first Monday in September, commonly known as Labor Day; the second Monday in October, commonly known as Native Americans' Day; the eleventh day of November, known as Veterans' Day; the fourth Thursday in November, commonly known as Thanksgiving Day; and the twenty - fifth day of December, commonly known as Christmas Day; and every day appointed by the President of the United States, or by the Governor of this state for a public fast, thanksgiving, or holiday shall be observed in this state as a legal holiday.

If the first day of January, the nineteenth day of June, the fourth day of July, the eleventh day of November, or the twenty - fifth day of December falls upon a Sunday, the Monday following is a legal holiday and shall be so observed; and if any such day falls upon a Saturday, the preceding Friday is a legal holiday and shall be so observed.

Source: SDC 1939, §§ 65.0404; SL 1941, ch 373; SL 1951, ch 470; SL 1953, ch 487, § 1; SL 1957, ch 498; SL 1971, ch 4; SL 1972, ch 5; SL 1974, ch 5; SL 1981, ch 2; SL 1983, ch 1, § 1; SL 1986, ch 7; SL 1990, ch 7, § 1; SL 2022, ch 1, § 1.
S.D. Codified Laws § 1-6-2.1 — SD Code / Title 1 / Chapter 6 / Section 1-6-2.1
Use of seal by state agency
Status: in_force

Any use of the state seal by a state agency after July 1, 2018, shall comply with S.D. Const., Art. XXI, § 1 and §§ 1-6-1 and 1-6-2 . Any use of the seal existing prior to that date may continue to be used.

Source: SL 2018, ch 6, § 2.
S.D. Codified Laws § 1-16H-15 — SD Code / Title 1 / Chapter 16H / Section 1-16H-15
1-16H-15. 1-16H-15.Powers and duties of authority
Status: in_force

The authority may:

(1) Have perpetual succession as a body politic and corporate exercising essential public functions;

(2) Sue and be sued in its own name;

(3) Have an official seal and alter the seal at will;

(4) Maintain an office at such places within the state as the authority may designate;

(5) Make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter;

(6) Employ fiscal consultants, engineers, attorneys, and such other consultants and employees as may be required and contract with agencies of the state to provide staff and support services;

(7) Procure insurance against any loss in connection with its property and other assets, including loans and notes in such amounts and from such insurers as it may deem advisable;

(8) Borrow money and issue bonds as provided by this chapter;

(9) Procure insurance, letters of credit, guarantees, or other credit enhancement arrangements from any public or private entities, including any department, agency, or instrumentality of the United States or the state, for payment of all or any portion of any bonds issued by the authority, including the power to pay premiums, fees, or other charges on any such insurance, letters of credit, guarantees, or credit arrangements;

(10) Receive and accept from any source financial aid or contributions of moneys, property, labor, or other things of value to be held, used, and applied to carry out the purposes of this chapter subject to the conditions upon which the grants or contributions are made, including, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this chapter;

(11) Provide technical assistance to local public bodies and to profit and nonprofit entities to foster and facilitate scientific and technological investigation, experimentation, and development;

(12) Collaborate with Black Hills State University and the South Dakota School of Mines and Technology to provide educational and outreach opportunities;

(13) To the extent permitted under its contract with the holders of bonds of the authority, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;

(14) To make loans and grants to, and enter into financing agreements with, any governmental agency or any person for the costs incurred in connection with the development, construction, acquisition, improvement, maintenance, operation, or decommissioning of a project, or for the maintenance of the physical or structural integrity of real or personal property incorporated or which may be incorporated into a project, in accordance with a written agreement between the authority and such governmental agency or person. However, no such loan or grant may exceed the total cost of such project as determined by the governmental agency or person and approved by the authority;

(15) Cooperate with and exchange services, personnel, and information with any governmental agency;

(16) Enter into agreements for management on behalf of the authority of any of its properties upon such terms and conditions as may be mutually agreeable;

(17) Sell, exchange, lease, donate, and convey any of its properties whenever the authority finds such action to be in furtherance of the purposes for which it was organized;

(18) Acquire, hold, lease, and dispose of real and personal property, and construct, develop, maintain, operate, and decommission projects for the purposes for which the authority was created;

(19) Indemnify any person or governmental agency for such reasonable risks as the authority deems advisable if the indemnification is a condition of a grant, gift, or donation to the authority. However, any such obligation to indemnify may only be paid from insurance or from revenues of the authority, and such obligation does not constitute a debt or obligation of the State of South Dakota; and

(20) Do any act and execute any instrument which in the authority's judgment is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it.

Source: SL 2004, ch 15, § 15; SL 2023, ch 4, § 2.
S.D. Codified Laws § 1-27-16 — SD Code / Title 1 / Chapter 27 / Section 1-27-16
Rules, standards, and procedures
Status: in_force

The commissioner of human resources and administration shall promulgate such rules, standards, and procedures as are necessary or proper to effectuate the purposes of §§ 1-27-9 to 1-27-18 , inclusive, except that rules, standards, and procedures relating to disposal of records pursuant to § 1-27-11 shall be issued by the board created by § 1-27-11 .

Source: SL 1967, ch 253, § 9; SL 1976, ch 18; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-53-30 — SD Code / Title 1 / Chapter 53 / Section 1-53-30
Promulgation of rules for disposition of claims and administration of trust
Status: in_force

The commissioner of the Governor's Office of Economic Development, in compliance with the provisions of chapter 1-26 , shall promulgate rules for disposition of claims and administration of trust assets authorized under §§ 1-53-23 to 1-53-37 , inclusive, including all loan programs, and may adopt pursuant to chapter 1-26 such federal rules as are necessary to administer any program authorized under §§ 1-53-23 to 1-53-37 , inclusive.

Source: SL 1976, ch 240; SL 1986, ch 326, § 7; SL 1990, ch 316; SDCL § 38-6-8.1 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 49, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-53-18 — SD Code / Title 1 / Chapter 53 / Section 1-53-18
Property given as security for loan
Status: in_force

The Board of Economic Development may take title by foreclosure or transfer in lieu of foreclosure to any property given as security if the acquisition is necessary to protect or collect any small business credit initiative loan and may sell, transfer, or convey any such property to any responsible buyer.

Source: SL 2012, ch 15, § 4; SL 2022, ch 6, § 4.
S.D. Codified Laws § 1-27-4.1 — SD Code / Title 1 / Chapter 27 / Section 1-27-4.1
Format of written contracts--Storage with records retention officer or designee--Duration
Status: in_force

Any written contract entered by the state, a county, a municipality, or a political subdivision shall be retained in the contract's original format or a searchable and reproducible format. Each contract shall be stored with the records retention officer of that entity or with the designee of the records retention officer unless the contract is required by law to be retained by some other person. Each contract shall be stored during the term of the contract and for two years after the expiration of the contract term.

Source: SL 2009, ch 11, § 1.
S.D. Codified Laws § 1-16A-57 — SD Code / Title 1 / Chapter 16A / Section 1-16A-57
Expenses paid from authority funds--Borrowing for initial operation
Status: in_force

All expenses of the authority incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter and no liability shall be incurred by the authority beyond the extent to which moneys shall have been provided under this chapter, except that for the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided hereunder, the authority shall be empowered to borrow moneys as may be required for such necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided for under this chapter.

Source: SL 1972, ch 10, § 15.
S.D. Codified Laws § 1-53-39 — SD Code / Title 1 / Chapter 53 / Section 1-53-39
Beef products produced by registered participants in compliance with requirements authorized for sale as South Dakota Certified Beef
Status: in_force

Only beef products, whether live animals or finished consumer products, which have been produced by registered participants in full compliance with all the applicable requirements of §§ 1-53-38 to 1-53-47 , inclusive, may be certified, identified, classified, packaged, labeled, or otherwise designated for sale inside or outside this state as South Dakota Certified Beef.

Source: SL 2005, ch 218, § 2, eff. Mar. 8, 2005; SDCL § 39-24-2 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 59, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-19-5 — SD Code / Title 1 / Chapter 19 / Section 1-19-5
Old Fort Pierre Chouteau site
Status: in_force

The Old Fort Pierre Chouteau Trading Post site in Stanley County, South Dakota, heretofore accepted by the State of South Dakota, and the monument thereon, embracing and marking the limits of the site of Old Fort Pierre Chouteau Fur Trading Post, shall be held under supervision of the South Dakota State Historical Society for the benefit and use of the people of the state.

Source: SDC 1939, § 29.0502; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-16J-20 — SD Code / Title 1 / Chapter 16J / Section 1-16J-20
Inapplicability of §5-2-19
Status: in_force

The provisions of § 5-2-19 do not apply to real or personal property given to the authority.

Source: SL 2009, ch 8, § 20.
S.D. Codified Laws § 1-45-13 — SD Code / Title 1 / Chapter 45 / Section 1-45-13
Functions performed by board
Status: in_force

The South Dakota Board of Education Standards shall perform those functions assigned in chapter 13-39 and all other functions as may be assigned by law.

Source: SL 1973, ch 2, § 248; SL 1975, ch 130, § 5; SL 2017, ch 81, § 57.
S.D. Codified Laws § 1-18B-1 — SD Code / Title 1 / Chapter 18B / Section 1-18B-1
Board defined
Status: in_force

The term "board," as used in this chapter means the State Historical Society Board of Trustees provided for by § 1-18-12.2 .

Source: SL 1974, ch 9, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 37; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 23, eff. Apr. 20, 2015.
S.D. Codified Laws § 1-19B-1.1 — SD Code / Title 1 / Chapter 19B / Section 1-19B-1.1
Definition of terms
Status: in_force

Terms used in this chapter have the same meaning as defined in § 1-19A-2 .

Source: SL 2011, ch 9, § 1.
S.D. Codified Laws § 1-55-16 — SD Code / Title 1 / Chapter 55 / Section 1-55-16
Annual report to Government Operations and Audit Committee
Status: in_force

The center shall annually report after conclusion of the prior fiscal year to the Government Operations and Audit Committee concerning the activity of the center including the number of debts referred to the entity, the annual amount and nature of the debt obligations recovered by the center, the number of debts referred from the center to private collection agencies and the results of those referrals, and the costs and expenditures incurred by the center.

Source: SL 2015, ch 14, § 16.
S.D. Codified Laws § 1-18B-8 — SD Code / Title 1 / Chapter 18B / Section 1-18B-8
Board--Publications--Exchanges--Sales--Prices
Status: in_force

Any material published by the State Historical Society Board of Trustees shall be printed as provided by law and copies thereof exchanged for similar publications and sold to the general public as the board may determine. The director shall, consistent with existing law, establish the price at which each publication may be sold or delivered.

Source: SL 1974, ch 9, § 7; SL 2021, ch 7, § 26.
S.D. Codified Laws § 1-50-5 — SD Code / Title 1 / Chapter 50 / Section 1-50-5
State Emergency Response Commission duties
Status: in_force

In accordance with the requirements imposed on the State Emergency Response Commission by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1990, the commission shall assist with local emergency planning committee plan development and review local plans for completeness. In addition, the commission shall:

(1) Review local plans to determine the level of threat from an accidental release of dangerous chemicals and the local capability to adequately respond to those releases;

(2) Prepare recommendations for action to be taken to develop and coordinate emergency response capabilities, including the feasibility of regional emergency response;

(3) Evaluate various options and prepare a recommendation concerning funding based on user fees to support on - going emergency planning activities and incident response preparedness; and

(4) Develop a recommendation for a future state emergency response commission structure.

Source: SL 1990, ch 291, § 1; SDCL, § 34A-12-18 ; SL 1993, ch 257, § 1.
S.D. Codified Laws § 1-41-3.4 — SD Code / Title 1 / Chapter 41 / Section 1-41-3.4
Limitation on stringency of certain rules
Status: in_force

No rule that has been promulgated pursuant to Title 34A, 45, 46, or 46A may be more stringent than any corresponding federal law, rule, or regulation governing an essentially similar subject or issue.

Source: SL 1992, ch 254, § 100; SDCL § 1-40-4.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-37-12 — SD Code / Title 1 / Chapter 37 / Section 1-37-12
Board of Barber Examiners transferred
Status: transferred

The Board of Barber Examiners, created by chapter 36-14 , and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Board of Barber Examiners.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 52; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-33-42 — SD Code / Title 1 / Chapter 33 / Section 1-33-42
Definitions
Status: in_force

Terms used in §§ 1-33-37 to 1-33-61 , inclusive, unless the context otherwise plainly requires, mean:

(1) "Data processing," any automated collection, storage, manipulation, and retrieval of data including: central processing units for micro, mini, and mainframe computers; any related peripheral equipment such as, but not limited to, terminals, document scanners, word processors, intelligent copiers, disk units, tape units, controllers, plotters, offline memory storage, printer devices, and data transmission equipment; and any software such as, but not limited to, operating systems, teleprocessing monitors, data base monitors, library and maintenance routines, and application programs.

(2) "Office systems technology," office equipment such as typewriters, duplicating, photocopy, and paper handling machines or equipment, micrographic equipment, and printing equipment and services.

(3) "Services," the providing of consultant assistance for any aspect of information technology, to include data processing, office system technology, and telecommunication systems and networks.

(4) "Telecommunications," any transmission, emission, or reception of signals of any kind containing communications of any nature, by wire, radio, optical, or other electromagnetic means, including all facilities, equipment, supplies, and services for transmission, emission, or reception. Telecommunications does not include data processing services provided or authorized by the Bureau of Human Resources and Administration or Federal Communication Commission licensed facilities under the control of the South Dakota Board of Educational Telecommunications.

Source: SL 1983, ch 4, § 1; SL 1990, ch 446; SDCL, § 1-14-12.10; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16G-76 — SD Code / Title 1 / Chapter 16G / Section 1-16G-76
Board review of application--Factors for consideration
Status: in_force

The board shall review the application and make a determination of whether the program shall be approved or disapproved. The board may approve a new frontiers payment that is equal to or less than South Dakota sales and use tax paid on the program costs.

The board shall consider the following factors when making that determination:

(1) Is the program in an industry or sector identified by GOED as a priority for economic development;

(2) Is the program likely to lead to future economic development or commercialization opportunities located in South Dakota;

(3) Impact of the program on current economic activity in the community, area, and state;

(4) Extent to which program costs are subject to similar taxes in other states; and

(5) Criteria pertaining to eligible activities and economic impact established by rules promulgated pursuant to § 1-16G-84 .

Source: SL 2016, ch 5, § 4.
S.D. Codified Laws § 1-50-10 — SD Code / Title 1 / Chapter 50 / Section 1-50-10
SERC report--Contents--Appropriations--Distribution of grants
Status: in_force

At the end of the budget year the SERC shall submit a report to the Legislature detailing any fees collected pursuant to § 1-50-8 which are in excess of the amount appropriated for these purposes and request a budget appropriation to remit this amount to the local emergency planning committees in the form of grants to support emergency planning and community right - to - know activities at the local level. Grants shall be distributed according to the following schedule:

(1) An amount not to exceed sixteen thousand five hundred dollars shall be distributed equally to all active local emergency planning committees if the active committees have addressed the minimum requirements of the program including:

(a) Annually submit a membership roster which meets the requirements of this section to the SERC for approval;

(b) Elect officers and adopt bylaws;

(c) Hold regular meetings at least once per quarter;

(d) Develop a procedure to provide information to the public on request;

(e) Provide public notice of meetings and of the availability of right - to - know information;

(f) Submit a draft emergency response plan; and

(g) Exercise and update the plan as required; and

(2) Any additional excess funds shall be included in the next year's legislative budget to be appropriated to be divided by the total number of facilities reporting statewide and the funds shall be disbursed to the local emergency planning committees on a per - facility basis.

Grants distributed under this program shall be expended by the local emergency planning committees to defray the expenses of operating the SARA title III program and for related SARA title I activities.

Source: SL 1992, ch 254, § 65; SDCL, § 34A-12-23; SL 1993, ch 257, § 1.
S.D. Codified Laws § 1-11-29 — SD Code / Title 1 / Chapter 11 / Section 1-11-29
Fee for electronic alcohol monitoring device or mobile breath alcohol testing
Status: in_force

A participant submitting to the wearing of the electronic alcohol monitoring device or the use of a mobile breath alcohol testing shall pay a user fee of not more than ten dollars per day.

The participant shall also pay an installation fee and a deactivation fee, in the amount of not more than fifty dollars each.

The participant is also financially responsible for the actual replacement cost for loss or breakage of the electronic alcohol monitoring device or mobile breath alcohol testing device and all associated equipment provided to the participant that is necessary to conduct electronic alcohol monitoring device testing or mobile breath alcohol testing.

Source: SL 2011, ch 4, § 8; SL 2014, ch 6, § 5; SL 2017, ch 3, § 4.
S.D. Codified Laws § 1-6-22 — SD Code / Title 1 / Chapter 6 / Section 1-6-22
Annual contests or other arrangements for design of medallions or bullion pieces--Prize--Copyright--Eligibility
Status: in_force

The bureau may conduct annual contests for or otherwise arrange for the artwork for the state medallions or bullion pieces and may award an annual prize of one thousand dollars for the selected artwork to be paid from dedicated royalty proceeds deposited in the commemorative medallion fund. For any design selected, the State of South Dakota shall retain exclusive rights and shall hold the copyright thereon. Only designs by South Dakota artists are eligible for consideration.

Source: SL 1986, ch 9, § 6; SL 1988, ch 5, § 9; SL 2006, ch 2, § 2.
S.D. Codified Laws § 1-16G-62 — SD Code / Title 1 / Chapter 16G / Section 1-16G-62
Time for filing affidavit for reinvestment payment--Eligible project costs--Extension
Status: in_force

The affidavit for reinvestment payment as required by § 1-16G-61 shall be filed no later than six months after the completion of the project. If the affidavit for reinvestment payment is not timely filed, the person is ineligible for any reinvestment payment provided by §§ 1-16G-56 to 1-16G-68 , inclusive. If the person filing the affidavit for reinvestment payment knowingly makes any material false statement or report in the affidavit for reinvestment payment, the person is ineligible for any reinvestment payment provided by §§ 1-16G-56 to 1-16G-68 , inclusive.

No project costs that occur after three years from the construction date are eligible to be included in the final project cost determination for any reinvestment payment provided by §§ 1-16G-56 to 1-16G-68 , inclusive, unless an extension is granted at the sole discretion of the board, which extension may not extend beyond four years from the construction date.

Source: SL 2013, ch 7, § 30, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-33B-10 — SD Code / Title 1 / Chapter 33B / Section 1-33B-10
Documentation of guaranteed savings--Deficiency paid by qualified provider
Status: in_force

The governmental unit shall document the operational and energy cost savings specified in the guaranteed energy savings contract and designate and appropriate that amount for an annual payment of the contract. If the annual energy savings are less than projected under the guaranteed energy savings contract the qualified provider shall pay the difference as provided in § 1-33B-8 .

Source: SL 1992, ch 14, § 10.
S.D. Codified Laws § 1-20-23 — SD Code / Title 1 / Chapter 20 / Section 1-20-23
Investigation of endangered archaeological sites
Status: in_force

The State Historical Society Board of Trustees, upon notification or determination that scientific, historical, or archaeological data including relics and specimens, is or may be adversely affected, shall, after reasonable notice to the responsible department, institution, or agency conduct or cause to be conducted a survey and other investigations to recover and preserve or otherwise protect such data, including analysis and publication, which in its opinion should be recovered in the public interest.

Source: SL 1947, ch 255, § 3; SL 1949, ch 232; SDC Supp 1960, § 29.0703; SDCL, § 1-20-4; SL 1974, ch 11, § 12.
S.D. Codified Laws § 1-25-7 — SD Code / Title 1 / Chapter 25 / Section 1-25-7
Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure
Status: in_force

Upon receiving a referral from a state's attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory file submitted by the state's attorney or the attorney general and shall also consider signed written submissions by the persons or entities that are directly involved. Based on the investigatory file submitted by the state's attorney or the attorney general and any written responses, the commission shall issue a written determination on whether the conduct violates this chapter, including a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary for the proposed decision. The final decision shall be made by a majority of the commission members, with each member's vote set forth in the written decision. The final decision shall be filed with the attorney general and shall be provided to the public entity and or public officer involved, the state's attorney, and any person that has made a written request for such determinations. If the commission finds a violation of this chapter, the commission shall issue a public reprimand to the offending official or governmental entity. However, no violation found by the commission may be subsequently prosecuted by the state's attorney or the attorney general. All findings and public censures of the commission shall be public records pursuant to § 1-27-1 . Sections 1-25-6 to 1-25-9 , inclusive, are not subject to the provisions of chapter 1-26 .

Source: SL 2004, ch 19, § 2; SL 2010, ch 6, § 2.
S.D. Codified Laws § 1-16G-16.1 — SD Code / Title 1 / Chapter 16G / Section 1-16G-16.1
Procurement of certain services for revolving economic development and initiative fund
Status: in_force

The Board of Economic Development may use the revolving economic development and initiative fund for the purpose of paying taxes and liens and for the procuring of legal services and other services necessary to protect, recover, maintain, and liquidate the assets of the revolving economic development and initiative fund. Such costs may be incurred and paid up to ten percent of the loan balance with a majority vote of the board of economic development. Costs in excess of ten percent shall be approved by a two-thirds vote of the board. Such services are not subject to state bid laws so long as such services are procured in a commercially acceptable manner.

Source: SL 1993, ch 14, § 1; SL 2009, ch 1, § 18.
S.D. Codified Laws § 1-25-1.6 — SD Code / Title 1 / Chapter 25 / Section 1-25-1.6
Public participation in teleconference meeting
Status: in_force

At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, that has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to official meetings closed to the public pursuant to specific law.

Source: SL 2019, ch 3, § 4.
S.D. Codified Laws § 1-26-35 — SD Code / Title 1 / Chapter 26 / Section 1-26-35
Nonjury review in circuit court--Proof of irregularities--Oral argument discretionary
Status: in_force

The review shall be conducted by the court without a jury and shall be confined to the record. A trial de novo may not be granted unless otherwise authorized by law, but in cases of alleged irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court, upon request, may hear oral argument.

Source: SL 1966, ch 159, § 15 (6); SL 1977, ch 13, § 15; SL 1978, ch 16; SL 1996, ch 158, § 45.
S.D. Codified Laws § 1-19B-6 — SD Code / Title 1 / Chapter 19B / Section 1-19B-6
Revenue bonds authorized
Status: in_force

To achieve the purposes of this chapter, the governing body of any county or municipality may issue revenue bonds in accordance with chapter 9-40 .

Source: SL 1974, ch 21, § 23; SL 1984, ch 43, § 59.
S.D. Codified Laws § 1-16A-53 — SD Code / Title 1 / Chapter 16A / Section 1-16A-53
Refunding bonds authorized--Amount
Status: in_force

Any bonds of the authority at any time outstanding may at any time and from time to time be refunded by the authority by the issuance of its refunding bonds in such amount as the authority may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums, commissions, service fees and other expenses necessary to be paid in connection therewith.

Source: SL 1972, ch 10, § 11.
S.D. Codified Laws § 1-19B-18 — SD Code / Title 1 / Chapter 19B / Section 1-19B-18
Educational and interpretive programs
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may promote and conduct an educational and interpretive program on historic properties within its jurisdiction.

Source: SL 1974, ch 21, § 3 (9); SL 2009, ch 1, § 80.
S.D. Codified Laws § 1-11-39 — SD Code / Title 1 / Chapter 11 / Section 1-11-39
Investigative subpoena--Judicial authority
Status: in_force

Any magistrate judge or circuit court judge of Hughes County has statewide authority to review, approve, and issue an investigative subpoena, regardless of:

(1) The county or judicial circuit in which the criminal investigation originates;

(2) The location of the business records sought or the provider to be subpoenaed; or

(3) The location where the investigative subpoena will be served or enforced.

Source: SL 2026, ch 2, § 3.
S.D. Codified Laws § 1-16G-59 — SD Code / Title 1 / Chapter 16G / Section 1-16G-59
Factors for board review of application
Status: in_force

The Board of Economic Development shall review an application and make a determination of whether the project is approved or disapproved. The board shall consider the likelihood that the project would have occurred without the reinvestment payment. The board may approve a reinvestment payment that is equal to or less than South Dakota sales and use tax paid on the project costs.

The board shall consider the following factors when making that determination:

(1) Has the county or municipality adopted a formula to reduce property taxation for the project for five years under the discretionary formula pursuant to § 10-6-137 ;

(2) Has the county or municipality approved a tax increment financing district pursuant to chapter 11-9 for the area where the project will be located;

(3) Has the municipality approved a municipal sales tax refund pursuant § 10-52-10 ;

(4) Economic activity that may occur in the community, area, and state; and

(5) Criteria established by rules promulgated pursuant to § 1-16G-67 .

Source: SL 2013, ch 7, § 27, eff. Mar. 20, 2013; SL 2018, ch 70, § 46; SL 2021, ch 44, § 44.
S.D. Codified Laws § 1-8-13.3 — SD Code / Title 1 / Chapter 8 / Section 1-8-13.3
Deposit of fees collected by secretary of state
Status: in_force

All fees collected by the secretary of state that are not specifically dedicated to the financing and annual report filing fee fund or for administering the concealed carry program pursuant to § 23-7-53 or for administering any concealed carry programs enacted by the Legislature after 2015, shall be deposited in the state general fund.

Source: SL 2016, ch 2, § 11.
S.D. Codified Laws § 1-26D-2 — SD Code / Title 1 / Chapter 26D / Section 1-26D-2
Appointment of chief hearing examiner
Status: in_force

The Governor shall appoint a chief hearing examiner. The person appointed shall, as a condition of appointment, be admitted to practice law in the State of South Dakota.

Source: SL 1995, ch 8, § 3
S.D. Codified Laws § 1-16A-62 — SD Code / Title 1 / Chapter 16A / Section 1-16A-62
Powers under other law unimpaired
Status: in_force

Neither this chapter nor anything herein contained shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, but shall be construed as cumulative of any such powers.

Source: SL 1972, ch 10, § 17.
S.D. Codified Laws § 1-16B-41 — SD Code / Title 1 / Chapter 16B / Section 1-16B-41
Loans made only when other loans not available
Status: in_force

The authority shall require the applicant enterprise to investigate fully other sources of funding for a development project. Such loans shall be made only after a determination by the authority that sufficient development project loans are not otherwise available from private or public lenders upon reasonably equivalent terms and conditions.

Source: SL 1978, ch 9, § 33; SL 1986, ch 14, § 13.
S.D. Codified Laws § 1-16H-31.10 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.10
Application of other provisions to subsurface property rights taken by authority
Status: in_force

The provisions of chapters 45-4 and 45-5A do not apply to subsurface property rights taken by the authority pursuant to §§ 1-16H-31.1 to 1-16H-31.10 , inclusive.

Source: SL 2005, ch 12, § 10.
S.D. Codified Laws § 1-1-16 — SD Code / Title 1 / Chapter 1 / Section 1-1-16
Indian hunting, trapping and fishing rights preserved
Status: in_force

Nothing in §§ 1-1-12 to 1-1-15 , inclusive, shall deprive any enrolled member of said tribe of any right, privilege, or immunity afforded under federal treaty, agreement, or statute with respect to hunting, trapping, or fishing or the control, licensing, or regulation thereof.

Source: SL 1957, ch 319, § 3; SDC Supp 1960, § 65.0807.
S.D. Codified Laws § 1-26-28 — SD Code / Title 1 / Chapter 26 / Section 1-26-28
Extension of existing license or right to continue activity extended during renewal or licensing proceedings and for ten days following notice of determination
Status: in_force

If a licensee has made timely and sufficient application for renewal of a license or a new license with reference to any activity of a continuing nature, the existing license, or a right to continue the activity, does not expire until the application has been finally determined by the agency and for ten days following receipt, or failure to accept delivery, of notice of such determination by the licensee.

Source: SL 1966, ch 159, § 14 (2); SL 1988, ch 14, § 1.
S.D. Codified Laws § 1-32-3 — SD Code / Title 1 / Chapter 32 / Section 1-32-3
Appointment and tenure of department heads
Status: in_force

The head of each principal department shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to S.D. Const., Art. IV, § 9.

Source: SL 1973, ch 2, §§ 30, 41, 68, 89, 98, 109, 116, 129, 200, 212, 223, 237, 269, 279.
S.D. Codified Laws § 1-13-16 — SD Code / Title 1 / Chapter 13 / Section 1-13-16
Promulgation of rules
Status: in_force

The Department of Public Safety may adopt rules, pursuant to chapter 1-26 , establishing procedures for operation, maintenance, and control of the South Dakota law enforcement telecommunications system.

Source: SL 1975, ch 11, § 7; SL 2015, ch 5, § 10.
S.D. Codified Laws § 1-20-34 — SD Code / Title 1 / Chapter 20 / Section 1-20-34
Specimens collected--State property--Disposition
Status: in_force

When a permit is issued pursuant to § 1-20-32 , the permittee shall prepare a technical report documenting such project or undertaking. The report shall be submitted to the state archaeologist for review and approval. The complete collection of the project is the permanent property of the state. The state archaeologist may make arrangements for the disposition of the complete collection in another federally-recognized repository, in or out of the state.

Source: SL 1947, ch 136, § 2; SDC Supp 1960, § 29.0802; SDCL § 1-20-10; SL 1974, ch 11, § 6; SL 2009, ch 1, § 107; SL 2021, ch 7, § 39.
S.D. Codified Laws § 1-11-9 — SD Code / Title 1 / Chapter 11 / Section 1-11-9
Record of investigation
Status: in_force

Whenever an investigation is directed by the Legislature or either branch thereof, or ordered by the Governor, or whenever an investigation is commenced by the attorney general, upon his own relation with the consent of the Governor, a record of the same shall be kept by the attorney general entitled:

In the matter of the investigation of the ___ (naming the matter being investigated) pursuant to ___ resolution number ___ (describing the resolution), or the order of the Governor, or the attorney general's own relation with the consent of the Governor.

Source: SDC 1939, § 55.1508; SL 1964, ch 153.
S.D. Codified Laws § 1-18-7 — SD Code / Title 1 / Chapter 18 / Section 1-18-7
Officers--Participation--Members only
Status: in_force

Except as provided in § 1-18-25 , only members may hold office in the historical society and possess the right to vote and take part in its proceedings.

Source: SDC 1939, § 29.0106; SL 2009, ch 1, § 30; SL 2021, ch 7, § 6.
S.D. Codified Laws § 1-39-1 — SD Code / Title 1 / Chapter 39 / Section 1-39-1
Department continued
Status: in_force

The Department of Game, Fish and Parks is hereby continued.

Source: SL 1973, ch 2, § 107; SL 1973, ch 264, § 6.
S.D. Codified Laws § 1-33-30 — SD Code / Title 1 / Chapter 33 / Section 1-33-30
1-33-30. Responsibilities of commissioner--Network use and programming
Status: in_force

The commissioner of the Bureau of Information and Technology shall be responsible for administration of policies and administrative rules, and shall be responsible for network use and programming.

The functions provided in chapter 1-33 and the rule - making authority of § 1-33-38 , as it regards the determination of issues related to use, programming, policies, and management of the network are hereby transferred to the Bureau of Information and Technology.
S.D. Codified Laws § 1-55-13 — SD Code / Title 1 / Chapter 55 / Section 1-55-13
Payments due debtor subject to offset against debt referred to center
Status: in_force

Unless preempted by other law, any payment of any kind to be made to a debtor by the State of South Dakota or any referring entity, when the debtor has a debt that is referred to the center, is subject to offset by the center unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

Source: SL 2015, ch 14, § 13.
S.D. Codified Laws § 1-16A-25 — SD Code / Title 1 / Chapter 16A / Section 1-16A-25
Operation of facilities restricted to leasing
Status: in_force

The authority shall not have the power to operate the facilities as a business other than as a lessor.

Source: SL 1972, ch 10, § 8.
S.D. Codified Laws § 1-33B-21 — SD Code / Title 1 / Chapter 33B / Section 1-33B-21
Foreclosure to protect loans
Status: in_force

The Governor's Office of Economic Development may take title by foreclosure to any property given as security if such acquisition is necessary to protect any loan made under this chapter, and may sell, transfer, or convey any such property to any responsible buyer. If such sale, transfer, or conveyance cannot be effected with reasonable promptness, the office may, in order to minimize financial loss, and sustain employment, lease such property to a responsible tenant or tenants.

Source: SL 1991, ch 16, § 9; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-33B-3.12 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.12
Costs for measurement and verification
Status: in_force

Costs for measurement and verification shall be included in an energy performance contract and paid by the governmental unit during an initial monitoring period of no less than three years.

The energy performance contract shall provide that, if guaranteed cost savings are not achieved during any year in the initial monitoring period, the qualified energy service provider shall pay the costs for measurement and verification reports until guaranteed cost savings are achieved for all consecutive years equal to the initial monitoring period.

Source: SL 2016, ch 14, § 14.
S.D. Codified Laws § 1-16B-9 — SD Code / Title 1 / Chapter 16B / Section 1-16B-9
Quorum of board--Action by majority present
Status: in_force

A majority of the members constitutes a quorum of the board of directors for the purpose of organizing the authority and conducting business. Except when passing upon loan applications, any action may be taken by a vote of a majority of the members present, unless the rules of the board require a larger number.

Source: SL 1978, ch 9, § 6.
S.D. Codified Laws § 1-16J-15 — SD Code / Title 1 / Chapter 16J / Section 1-16J-15
Pledge by state not to impair rights and remedies of holders of bonds and notes
Status: in_force

The State of South Dakota pledges to and agrees with the holders of the revenue bonds and notes of the authority issued pursuant to this chapter that the state will not limit or decrease the rights and powers vested in the authority by this chapter so as to impair the terms of any contract made by the authority with such holders or in any way impair the rights and remedies of such holders until such revenue bonds, notes, or other instruments, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. The authority may include these pledges and agreements of the state in any contract with the holders of revenue bonds, notes, or other instruments issued pursuant to this section.

Source: SL 2009, ch 8, § 15.
S.D. Codified Laws § 1-12-2 — SD Code / Title 1 / Chapter 12 / Section 1-12-2
Call of constabulary to active service--Powers
Status: in_force

The attorney general, whenever in his judgment necessity shall exist therefor, may with the approval of the Governor, call into active service any or all of such persons constituting such state constabulary, for any or all purposes contemplated by this chapter. When so called into active service, such persons shall be and remain subject to the exclusive direction, order and control of the attorney general, until by him relieved therefrom; and such persons when so ordered into active service, shall be vested with, and there is hereby conferred upon such persons, all of the powers and authority of a peace officer within this state, and such powers and authority may be exercised by them any place within this state.

Source: SL 1943, ch 273, § 2; SDC Supp 1960, § 55.16A02.
S.D. Codified Laws § 1-16B-7 — SD Code / Title 1 / Chapter 16B / Section 1-16B-7
Finance authority created
Status: in_force

There is hereby created a body corporate and politic to be known as the South Dakota Economic Development Finance Authority.

Source: SL 1978, ch 9, § 2.
S.D. Codified Laws § 1-36A-1.18 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.18
Purchase of fire insurance pending completion of buildings
Status: in_force

The Department of Human Services and the Department of Social Services may expend from any appropriation of money for the construction of any public building that may lawfully be constructed under its supervision, or from any appropriation made for such purposes, sufficient funds to purchase and secure insurance protection from loss by fire during the erection of such building in an amount determined by the secretary of human services or the secretary of social services.

Source: SL 1989, ch 21, § 18; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 103, eff. Apr. 12, 2011; SL 2012, ch 13, § 6.
S.D. Codified Laws § 1-41-25.2 — SD Code / Title 1 / Chapter 41 / Section 1-41-25.2
Environmental audit subject to discovery--Summary of disclosed violation
Status: in_force

The department may not request results of an environmental audit. However, an environmental audit is subject to discovery according to the rules of civil or criminal procedure. If a regulated entity discloses a violation found during an environmental audit, the section of the environmental audit report pertaining to a violation of environmental law, rule, regulation, or permit enforced by the department may be summarized for the purposes of disclosure to the department secretary. The summary shall include the date the violation was found and the entity that conducted the environmental audit.

Documents, communications, compliance data, reports, or other information required to be collected, developed, maintained, or reported to the department according to state law, rule, regulation, or permit are not covered by the provisions of §§ 1-41-25 to 1-41-25 .4, inclusive.

Source: SL 1996, ch 18, § 3; SDCL § 1-40-35; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-18B-2 — SD Code / Title 1 / Chapter 18B / Section 1-18B-2
Board--Duties--Preservation and publication--Activities authorized
Status: in_force

In addition to the other duties imposed upon it by law, the State Historical Society Board of Trustees shall collect, preserve, exhibit, and publish material for the study of history, especially the history of South Dakota and the upper great plains, and to this end explore the archaeology of the region; acquire documents and manuscripts; obtain narratives and records of pioneers; conduct a library of historical reference; maintain an ethnological and historical museum; survey, document, and promote the preservation of historic properties and sites; examine the culture and history of American Indians and other ethnic groups; publish and otherwise diffuse information relating to the history of the region; and generally encourage and develop within the state the study of history.

Source: SL 1974, ch 9, § 2; SL 2009, ch 1, § 38; SL 2021, ch 7, § 24.
S.D. Codified Laws § 1-18-12.1 — SD Code / Title 1 / Chapter 18 / Section 1-18-12.1
Executive committee of society abolished
Status: in_force

The executive committee of the South Dakota State Historical Society established pursuant to chapter 1-18 , is hereby abolished.

Source: SL 1985, ch 400, § 22; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-18-13.2 — SD Code / Title 1 / Chapter 18 / Section 1-18-13.2
Appointment of trustees by Governor--Qualifications--Terms of initial appointees
Status: in_force

The Governor shall appoint six members to the State Historical Society Board of Trustees. One must be an architect and one must be a historian each qualified to meet the requirements for receipt of federal funds. Two of the initial members shall be selected for a one - year term, two for a two - year term, and two for a three - year term.

Source: SL 1985, ch 400, § 27.
S.D. Codified Laws § 1-26A-7 — SD Code / Title 1 / Chapter 26A / Section 1-26A-7
Official name--Citation
Status: in_force

The Administrative Rules of South Dakota as amended, printed, and published pursuant to law, shall be known as the Administrative Rules of South Dakota, and shall be cited as ARSD followed by the appropriate number of the title, article, chapter, or section, and then the year of publication in parentheses where relevant.

Source: SL 1975, ch 16, § 6; SL 2012, ch 8, § 5; SL 2024, ch 10, § 1.
S.D. Codified Laws § 1-33-61 — SD Code / Title 1 / Chapter 33 / Section 1-33-61
Educational Telecommunications Board of Directors continued
Status: in_force

The Educational Telecommunications Board of Directors is hereby continued and shall exercise its established functions, provided in chapter 13-47 , with relation to the Bureau of Information and Technology.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 26; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-26-6.9 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.9
Licensing board or commission fees--No statutory maximum--Limitation
Status: in_force

If a professional or occupational licensing board or commission is authorized in statute to establish fees by rule and no maximum fee limit is specified, the fees must be reasonable and necessary to provide enough money to meet the budgetary needs of the licensing board or commission for per diem, travel expenses, office expense, salaries and benefits, utilities, supplies, testing, licensing, inspections, disciplinary actions, and legal fees. However, the total amount of increase in the fees imposed by a licensing board or commission under this section may not exceed the previous year's budget by more than twenty percent.

Source: SL 1986, ch 21; SL 2025, ch 9, § 17.
S.D. Codified Laws § 1-50-2 — SD Code / Title 1 / Chapter 50 / Section 1-50-2
Commission responsibilities
Status: in_force

The South Dakota State Emergency Response Commission shall:

(1) Coordinate and implement the requirements placed on the state by 42 U.S.C. § 11001 et seq. as in effect on January 1, 1991;

(2) Designate local emergency planning districts and supervise and coordinate the activities of the local emergency planning committees; and

(3) Coordinate and implement federal grants for training of local emergency planning committees and public sector employees.

Source: SL 1991, ch 14, § 2.
S.D. Codified Laws § 1-27-1.13 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.13
Certain records not available to inmates
Status: in_force

The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or security of a person, the operation of a correctional facility, or the safety of the public. This section does not apply to an inmate's attorney requesting information that is subject to disclosure under this chapter.

Source: SL 2009, ch 10, § 19.
S.D. Codified Laws § 1-36A-3 — SD Code / Title 1 / Chapter 36A / Section 1-36A-3
Division of Rehabilitation Services--Division of Service to the Blind and Visually Impaired
Status: in_force

There is hereby created within the Department of Human Services the following divisions:

(1) The Division of Rehabilitation Services, which is the state agency to administer the state vocational rehabilitation plan to provide rehabilitation services to individuals except persons who are blind or visually impaired; and

(2) The Division of Service to the Blind and Visually Impaired, which is the state agency to administer the state vocational rehabilitation plan to provide rehabilitation services to persons who are blind or visually impaired.

Source: SL 1977, ch 226, § 2; SL 1989, ch 21, § 31; SL 2012, ch 13, § 11.
S.D. Codified Laws § 1-56-12 — SD Code / Title 1 / Chapter 56 / Section 1-56-12
Grievance for retaliation for reporting violation of state law
Status: in_force

Pursuant to § 3-6D-22 , an employee may file a grievance with the Civil Service Commission if the employee believes that there has been retaliation because of reporting a violation of state law.

Source: SL 2016, ch 16, § 12, eff. Mar. 16, 2016.
S.D. Codified Laws § 1-16B-54 — SD Code / Title 1 / Chapter 16B / Section 1-16B-54
Direct mortgage loans for preferred development projects
Status: in_force

Notwithstanding any other provision in this chapter, the authority may participate with other parties in the making of direct mortgage loans for capital improvements for preferred development projects. The interest rate and time and rate of amortization for that part of such a mortgage loan made by the authority and that made by others need not be equal. The interest rate, if any, charged by the authority shall be determined by the authority and the principal indebtedness represented by the mortgage loan and interest accrued, if any, may be forgiven on such terms and conditions as the authority in the exercise of its discretion deems appropriate.

Source: SL 1994, ch 11, § 8.
S.D. Codified Laws § 1-55-3 — SD Code / Title 1 / Chapter 55 / Section 1-55-3
Collection of bad debts
Status: in_force

The center shall work to collect each bad debt referred to the center during the account receivable cycle. The character of the debt in the hands of the referring entity does not change by the referral of the debt to the center for collection. Among other powers granted by this chapter, the center may:

(1) Sue;

(2) File liens;

(3) Enter into payment agreements with debtors;

(4) Impose a cost recovery fee;

(5) Collect data for debt collection purposes;

(6) Establish and maintain a centralized electronic debt management system;

(7) Exercise settlement authority granted by the referring entity;

(8) Setoff against any moneys to be paid by the State of South Dakota or any referring entity to a debtor;

(9) Contract with multiple collection agencies for the collection of debt on behalf of the center;

(10) Except for the debt collection powers vested in the Unified Judicial System, the center may use the referring entity's statutory collection authority to collect the bad debt owed to the referring entity; and

(11) Utilize all debt collection methods authorized by state law.

The office may determine which method or combination is most suitable to collect the debt.

Source: SL 2015, ch 14, § 3.
S.D. Codified Laws § 1-53-47 — SD Code / Title 1 / Chapter 53 / Section 1-53-47
South Dakota Certified beef fund--Deposits and expenditures
Status: in_force

There is hereby created within the state treasury the South Dakota Certified beef fund, into which all license fees, inspection fees, and other fees or revenues paid to the state from the operation of the South Dakota Certified beef program shall be deposited. All moneys in the fund created by this section shall be used for the purpose of developing, administering, and marketing the South Dakota Certified beef program. Expenditures from the fund shall be appropriated through the normal budget process.

Source: SL 2005, ch 218, § 10, eff. Mar. 8, 2005; SDCL § 39-24-10 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 66, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-19B-15 — SD Code / Title 1 / Chapter 19B / Section 1-19B-15
Maintenance and operation of historic properties
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may preserve, restore, maintain, and operate historic properties under the ownership or control of the commission.

Source: SL 1974, ch 21, § 3 (3); SL 2009, ch 1, § 77.
S.D. Codified Laws § 1-16J-12 — SD Code / Title 1 / Chapter 16J / Section 1-16J-12
Negotiability of bonds, notes, and other instruments--Temporary instruments
Status: in_force

Notwithstanding the form and tenor of any such revenue bond, note, or other instrument and in the absence of any express recital on the face of any such revenue bond, note, or other instrument that it is nonnegotiable, any such revenue bond, note, and other instrument is a negotiable instrument. Pending the preparation and execution of any such revenue bond, note, or other instrument, a temporary revenue bond, note, or instrument may be issued as provided by resolution.

Source: SL 2009, ch 8, § 12.
S.D. Codified Laws § 1-16G-47.1 — SD Code / Title 1 / Chapter 16G / Section 1-16G-47.1
Disbursements from local infrastructure improvement grant fund and economic development partnership fund
Status: in_force

The commissioner of the Governor's Office of Economic Development shall authorize money from the programs provided under §§ 1-16G-50 and 1-16G-51 for the following purposes:

(1) An amount to pay for any contracts entered into by the Governor's Office of Economic Development with an implementing partner to provide technical assistance to an applicant or monitoring service for the local infrastructure improvement grant program; and

(2) An amount to pay the administrative expenses incurred by the Governor's Office of Economic Development for the local infrastructure improvement grant program. The administrative expenses are limited to the salary and benefits of any personnel directly responsible for the administration of the programs.

Source: SL 2016, ch 4, § 4; SL 2018, ch 10, § 7.
S.D. Codified Laws § 1-7-8 — SD Code / Title 1 / Chapter 7 / Section 1-7-8
Authorization to allocate certain bonds exempt from federal income taxes
Status: in_force

The Governor shall establish, by executive order, a procedure for the allocation of authority to issue bonds pursuant to any federal legislation which limits the amount of such bonds which may be issued in the State of South Dakota and bear interest exempt from federal income taxes and authorizes the state to establish an allocation procedure. This authority shall specifically include restrictions imposed by Section 103(n) of the Internal Revenue Code of 1954, as amended, and in the event of its passage, Section 145 of the Tax Reform Bill of 1985, H.R. 3838 and any other legislation which imposes similar limits. To the extent permitted by the federal legislation, this section shall override the allocation procedures established in the federal legislation.

Source: SL 1986, ch 12, §§ 1, 1A; SL 1989, ch 8, § 1.
S.D. Codified Laws § 1-54-3 — SD Code / Title 1 / Chapter 54 / Section 1-54-3
Department functions
Status: in_force

The Department of Tribal Relations shall aid in securing and coordinating federal, state, and local resources to help solve problems and to serve as an advocate for Native American people.

Source: SL 1949, ch 244, § 1; SDC Supp 1960, § 65.0801; SL 1974, ch 4, § 1; SL 1975, ch 9, § 1; SL 1987, ch 395 (Ex. Ord. 87-6), § 18; SL 1995, ch 320 (Ex. Ord. 95-4), §§ 17-20; SDCL § 1-4-1 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 80, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-33 — SD Code / Title 1 / Chapter 26 / Section 1-26-33
Record transmitted to circuit court--Limitation of record--Corrections and additions
Status: in_force

Within thirty days after the service of the notice of appeal, or within further time allowed by the court, the agency shall transmit to the reviewing court the electronic copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

It shall be the duty of the agency to assemble and consecutively number the pages of all documents, papers, and exhibits filed with the agency, including any opinions and decisions which the agency may have filed or authorized for filing. The agency shall then prepare and attach an alphabetical and chronological index to the electronic record and shall serve a copy of such index on all parties to the review proceedings at the time the record is submitted to the reviewing court. If any portions of the record are not legible or are altered when converted to an electronic image they must be provided in hardcopy format.

Source: SL 1966, ch 159, § 15 (4); SL 1977, ch 13, § 14; SL 1987, ch 396 (Supreme Court Rule 86-36); SL 2018, ch 293 (Supreme Court Rule 18-02), eff. July 1, 2018.
S.D. Codified Laws § 1-44-25 — SD Code / Title 1 / Chapter 44 / Section 1-44-25
South Dakota State Railroad Board--Appointment--Terms--Vacancy--Officers--Removal
Status: in_force

The South Dakota State Railroad Board consists of seven members to be appointed by the Governor. Members shall serve a three-year term. No more than five members may be of the same political party. No person may be appointed to the board who is an elected official of the State of South Dakota or any subdivision thereof. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only for the unexpired term, but may be reappointed to a full term. The board shall annually choose from its membership a chair, a vice chair, and a secretary-treasurer. No member may be removed from office except for cause.

The terms of members begin on October thirty-first of the calendar year. The appointee's term expires on October thirtieth in the third year of appointment.

Any member's term ending June 30, 2013, or thereafter is extended to October thirtieth in the year the term is to expire.

Source: SL 1980, ch 325, § 7; SL 2010, ch 145, § 9; SL 2012, ch 16, § 25; SL 2013, ch 176, § 18; SL 2014, ch 218, § 3.
S.D. Codified Laws § 1-54-13 — SD Code / Title 1 / Chapter 54 / Section 1-54-13
Native American achievement schools grant program established
Status: in_force

There is hereby established the Native American achievement schools grant program to be administered by the Office of Indian Education within the Department of Tribal Relations. The purpose of the grant program is to fund the establishment of up to three Native American achievement school projects aimed at improving academic outcomes for Native American students.

Source: SL 2016, ch 86, § 1; SDCL § 13-14-16 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 23, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-32-4 — SD Code / Title 1 / Chapter 32 / Section 1-32-4
Changes in organization or functions within departments
Status: in_force

In order to promote the efficient administration of the principal departments, the Governor may establish, combine, or abolish divisions, offices, or other administrative subunits, with the exception of boards and commissions authorized by the Legislature, and may allocate and reallocate powers and duties among divisions, offices, or other administrative subunits under the various principal departments if the reallocation of powers and duties allows the departments to continue to perform the functions assigned and mandated by the Constitution and laws of the State of South Dakota.

Source: SL 1973, ch 2, § 7; SL 1996, ch 13.
S.D. Codified Laws § 1-16G-1.3 — SD Code / Title 1 / Chapter 16G / Section 1-16G-1.3
Nonvoting members of Board of Economic Development
Status: in_force

In addition to the members of the Board of Economic Development appointed pursuant to § 1-16G-1 , four nonvoting members shall be appointed to the board by the Legislature as follows:

(1) The majority leader of the Senate shall appoint one member of the Senate;

(2) The minority leader of the Senate shall appoint one member of the Senate;

(3) The majority leader of the House of Representatives shall appoint one member of the House of Representatives; and

(4) The minority leader of the House of Representatives shall appoint one member of the House of Representatives.

The members shall be appointed to the board for a term of two years before the close of each regular session of the Legislature. If there is a vacancy, the vacancy shall be filled in the same manner as the original appointment.

Source: SL 2013, ch 7, § 23, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-45-19.1 — SD Code / Title 1 / Chapter 45 / Section 1-45-19.1
Board of Cultural Preservation abolished
Status: in_force

The Board of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished.

Source: SL 1985, ch 400, § 20.
S.D. Codified Laws § 1-36A-1.11 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.11
Department authorized to make certain contracts
Status: in_force

The Department of Human Services may make contracts for service, the erection of buildings, the purchase and lease of lands, materials, and supplies needed, except such supplies as are under the supervision of the Bureau of Human Resources and Administration as prescribed by chapter 5-18B . The department may expend money, exact and collect penalties and may purchase, lease and sell property within the limitations of the state and national laws to carry out such contracts.

Source: SL 1989, ch 21, § 11; SL 2011, ch 2, § 108; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-1-2.4 — SD Code / Title 1 / Chapter 1 / Section 1-1-2.4
Memoranda of agreement
Status: in_force

Upon the establishment of concurrent jurisdiction, the appropriate county sheriffs with the approval of the appropriate state's attorneys will develop memoranda of agreement with the park superintendents of the national park service areas in South Dakota.

Source: SL 1980, ch 8, § 4.
S.D. Codified Laws § 1-26-19 — SD Code / Title 1 / Chapter 26 / Section 1-26-19
Rules of evidence in contested cases
Status: in_force

In contested cases:

(1) Irrelevant, incompetent, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied under statutory provisions and in the trial of civil cases in the circuit courts of this state, or as may be provided in statutes relating to the specific agency, shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not otherwise admissible thereunder may be admitted except where precluded by statute if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(2) A party may conduct cross - examinations required for a full and true disclosure of the facts;

(3) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the agency.

Source: SL 1966, ch 159, § 10; SL 1972, ch 8, § 20; SL 1985, ch 15, § 9.
S.D. Codified Laws § 1-33-9 — SD Code / Title 1 / Chapter 33 / Section 1-33-9
Bureau of Human Resources and Administration--Duties--Promulgation of rules
Status: in_force

The Bureau of Human Resources and Administration shall:

(1) Provide workers' compensation coverage and a group health and flexible benefit plan for all state employees unless the duties are delegated to another agency pursuant to chapter 1-24 ;

(2) Administer recruitment and classification for all civil service employees unless the duties are delegated to another agency pursuant to chapter 1-24 ;

(3) Provide human resource management and programs including programs governing human resource planning, training and development, internships, performance evaluation, employee assessment and testing, classification, compensation, recruitment, and other matters relating to human resource management for all of the executive branch of state government under the control of the Governor and by agreement for other state government agencies;

(4) Perform all administrative functions for the Civil Service Commission;

(5) Employ staff as necessary to perform its duties;

(6) Contract as is necessary to perform its duties;

(7) Keep an exact and true inventory of all property, real and personal, belonging to the state and promulgate rules pursuant to chapter 1-26 enumerating the types and classes of public personal property to be included in the inventory required by § 5-24-1 ;

(8) Administer the procurement of supplies, services, and public improvements as prescribed in chapters 5-18A , 5-18B , and 5-18D ;

(9) Supervise transportation, mail, records management, document reproduction services, and other central administrative services, and make provisions for the supplying of office supplies and furniture;

(10) Maintain the buildings and grounds of the capitol complex and install central facilities to be used by all state agencies under rules the bureau promulgates pursuant to chapter 1-26 ;

(11) Contract for the provision of food services, candy, and beverages in the capitol complex;

(12) Supervise the administration of the Office of Hearings Examiners;

(13) Administer the federal surplus property allotted to the state;

(14) Provide for the lease of real property necessary for the operation of state government, in accordance with the limitations set forth in § 1-33-9.3 ;

(15) Administer a program of risk management for state government;

(16) Contract for services required by multiple state agencies, if the contract improves the efficiency of state government; and

(17) Take any other function as may be required by statute, executive order, or administrative action.

Source: SL 1973, ch 23, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2012, ch 23, § 4; SL 2024, ch 1 (Ex. Ord. 24-1), § 28, eff. Apr. 8, 2024; SL 2025, ch 11, § 1.
S.D. Codified Laws § 1-26-8.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-8.2
Petition for delay in effective date of rule--Grant or denial--Maximum delay--Filings--One delay--Repeal of rule
Status: in_force

After a rule has been adopted and filed with the secretary of state, any person may petition the agency which adopted the rule to delay the effective date of the rule. The petition must be filed with the agency at least ten days prior to the effective date of the rule. The agency must grant or deny the petition, with or without a hearing, within ten days of filing. If the petition is granted, the effective date of the rule may not be delayed more than ninety days. A copy of the petition and a statement of the agency justifying the granting of the petition shall be sent to the chairman of the Interim Rules Review Committee at the time the decision is made. A copy of the statement granting the petition shall be filed with the secretary of state at the time the decision is made.

The effective date of a rule may be delayed only once, and an agency may repeal the rule during the period of the delay.

Source: SL 1979, ch 8, § 5.
S.D. Codified Laws § 1-10-4 — SD Code / Title 1 / Chapter 10 / Section 1-10-4
Deputy state treasurer
Status: in_force

The state treasurer is authorized to appoint a deputy, for whose acts as such he shall be responsible.

Source: SDC 1939, § 55.1409.
S.D. Codified Laws § 1-26-32.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-32.2
Request for transcript--Waiver by failure to request
Status: in_force

Within ten days after the filing of the notice of appeal, the appellant shall order from the agency or reporter, if present, a written transcript of the proceedings or such parts thereof as he deems necessary of the contested case hearing. The order shall be in writing and a copy thereof shall be served on all parties to the action and a copy shall be filed with the clerk of the circuit court. Failure to order a transcript within the ten - day period shall constitute a waiver of the right to such a transcript.

If the appellee deems a transcript of other parts of the proceedings necessary, he shall, within ten days after the service of the appellant's request or statement of issues, file with the clerk of the circuit court and serve upon the appellant a request for a transcript of additional parts to be included in the transcript of the contested case hearing. Failure to order such additional parts of the transcript shall constitute a waiver of the right to such additional parts of the transcript.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-1A.
S.D. Codified Laws § 1-41-3.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-3.1
Functions of Division of Forestry within Department of Game, Fish and Parks transferred to Department of Agriculture and Natural Resources
Status: in_force

The functions of forestry pursuant to chapter 41-20 and forest insect and disease control pursuant to chapter 41-21 within the Department of Game, Fish and Parks are hereby transferred under a type 2 transfer, as defined in section 3, chapter 2 of the Session Laws of 1973, to the Department of Agriculture and Natural Resources.

Source: SL 1984, ch 276, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-32-8 — SD Code / Title 1 / Chapter 32 / Section 1-32-8
Assistant attorneys general as employees of attorney general's office
Status: in_force

All assistant attorneys general shall be employees of the Office of the Attorney General.

Source: SL 1973, ch 2, § 296; SL 1974, ch 18, § 1.
S.D. Codified Laws § 1-26-31.4 — SD Code / Title 1 / Chapter 26 / Section 1-26-31.4
Contested cases--Statement of issues on appeal
Status: in_force

Within ten days after the filing of the notice of appeal as required by § 1-26-31 , the appellant shall file with the clerk of the circuit court a statement of the issues the appellant intends to present on appeal and shall serve on the other parties a copy of that statement. If any other appellant wishes to raise additional issues on appeal, the other appellant shall file a statement of additional issues on appeal within ten days after service of the appellant's statement.

Source: Supreme Court Rule 82-35; SL 2008, ch 280 (Supreme Court Rule 07-01), eff. Jan. 1, 2008; SL 2019, ch 4, § 1.
S.D. Codified Laws § 1-53-7 — SD Code / Title 1 / Chapter 53 / Section 1-53-7
Contributions to Governor's Office of Economic Development--Special revenue fund--Use and disbursements
Status: in_force

The Governor's Office of Economic Development may accept private contributions to supplement other money received by it. Contributions received shall be deposited with the state treasurer and in a fund known as the Governor's Office of Economic Development special revenue fund, which fund shall accumulate and shall not revert to the general fund at the close of the fiscal year. The fund shall be used for legitimate purposes of soliciting industry and carrying into effect the objectives of the Governor's Office of Economic Development. Disbursements from the fund shall be made by warrants drawn by the state auditor on itemized vouchers approved by the commissioner.

Source: SL 1982, ch 17, § 9; SDCL § 1-42-13 ; SL 1987, ch 390 (Ex. Ord. 87-1); SDCL § 1-33-22 ; SL 2005, ch 10, §§ 20, 21, 43; SDCL § 1-52-3.5 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 55, 56, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-24 — SD Code / Title 1 / Chapter 26 / Section 1-26-24
Tentative or proposed decision served on parties--Contents--Waiver
Status: in_force

When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a tentative or proposed decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision. The tentative or proposed decision shall contain a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.

Source: SL 1966, ch 159, § 11; SL 1972, ch 8, § 25.
S.D. Codified Laws § 1-57-2 — SD Code / Title 1 / Chapter 57 / Section 1-57-2
Membership--Appointment--Term--Vacancy
Status: in_force

The South Dakota-Ireland Trade Commission consists of:

(1) Two members of the Senate, appointed by the president pro tempore of the Senate;

(2) Two members of the House of Representatives, appointed by the speaker of the House;

(3) A representative of a private sector association headquartered in this state and focused on the promotion of international trade, appointed by the Executive Board of the Legislative Research Council;

(4) An officer of the Executive Branch, appointed by the Governor;

(5) A representative of a South Dakota private industry, appointed by the president pro tempore of the Senate; and

(6) A representative of a South Dakota private industry, appointed by the speaker of the House of Representatives.

Each term begins upon appointment in an odd-numbered year and expires on December thirty-first of the following even-numbered year. If a position becomes vacant, the position must be filled, for the duration of the term, in the same manner as the original appointment.

Source: SL 2024, ch 15, § 2; SL 2025, ch 13, § 1; SL 2026, ch 18, § 1.
S.D. Codified Laws § 1-27-1.6 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.6
Certain financial, commercial, and proprietary information exempt from disclosure
Status: in_force

The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclusive:

(1) Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss;

(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal;

(3) Financial and commercial information and records supplied by private persons pertaining to export services;

(4) Financial and commercial information and records supplied by businesses or individuals as part of an application for loans or program services or application for economic development loans or program services;

(5) Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds;

(6) Proprietary data, trade secrets, or other information that relates to:

(a) A vendor's unique methods of conducting business;

(b) Data unique to the product or services of the vendor; or

(c) Determining prices or rates to be charged for services, submitted by any vendor to any public body;

(7) Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;

(8) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to any public body.

Source: SL 2009, ch 10, § 7.
S.D. Codified Laws § 1-33B-8 — SD Code / Title 1 / Chapter 33B / Section 1-33B-8
Written guarantee--Bond--Payment period not to exceed fifteen years
Status: in_force

The contract shall include a written guarantee of the qualified provider that either the energy or operating cost savings, or both, will meet or exceed the costs of the energy efficiency measure within fifteen years. A qualified provider shall provide a sufficient bond to the governmental unit for the installation and the faithful performance of all the measures included in the contract covering the first two years of the contract. The guaranteed energy savings, projected for any additional year of the contract, shall be guaranteed by the qualified provider. The qualified provider shall reimburse the governmental entity for any shortfall of guaranteed energy savings projected in the contract. The guaranteed energy savings contract may provide for payments over a period not exceeding fifteen years.

Source: SL 1992, ch 14, § 8; SL 2003, ch 21, § 2.
S.D. Codified Laws § 1-36A-12 — SD Code / Title 1 / Chapter 36A / Section 1-36A-12
Promulgation of rules concerning interpreters
Status: in_force

The Department of Human Services may promulgate rules pursuant to chapter 1-26 to establish continuing education requirements for individuals registered with the department pursuant to subdivision 1-36A-10.5 (4), to establish qualifications, continuing education requirements, extension or exception options to continuing education requirements, mentoring requirements, and requirements for an approved plan for provisional certification pursuant to § 1-36A-10.4 , to establish qualifications for interpreters serving in medical, educational, or legal settings, to establish a code of professional conduct and standard of practice, and to establish a procedure for discipline.

Source: SL 1987, ch 25, § 2; SL 1992, ch 17, § 2; SL 1993, ch 21, § 3; SL 1997, ch 14, § 3; SL 2006, ch 6, § 8; SL 2010, ch 11, § 2.
S.D. Codified Laws § 1-32-10 — SD Code / Title 1 / Chapter 32 / Section 1-32-10
Repeals and amendments not implied
Status: in_force

It is the intent of chapters 1-32 to 1-47 , inclusive, not to repeal or amend any laws relating to functions performed by an agency, unless the intent is specifically expressed in said chapters or unless there is an irreconcilable conflict between said chapters and those laws.

Source: SL 1973, ch 2, § 287; SL 1980, ch 26, § 4.
S.D. Codified Laws § 1-33B-6 — SD Code / Title 1 / Chapter 33B / Section 1-33B-6
Proposed improvements to state-owned buildings--Review by Bureau of Human Resources and Administration
Status: in_force

For state owned buildings, the governmental unit shall receive permission from the Bureau of Human Resources and Administration and conform to all state laws and rules as they apply to renovating or retrofitting state-owned buildings before submitting a request for proposals under §§ 1-33B-3 and 1-33B-3 .4 to 1-33B-3 .6, inclusive. The Bureau of Human Resources and Administration shall review the proposal and notify the governmental unit of its findings within thirty days.

Source: SL 1992, ch 14, § 6; SL 2016, ch 14, § 17; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-24A-3 — SD Code / Title 1 / Chapter 24A / Section 1-24A-3
Consulting contract defined
Status: in_force

For purposes of this chapter, "consulting contract" means a written contract or written agreement for consulting services to the state paid out of contractual services accounts, as specified by the commissioner of finance and management pursuant to subdivision 4-7-1 (6).

Source: SL 1980, ch 15, § 3; SL 2026, ch 3, § 2.
S.D. Codified Laws § 1-16G-63 — SD Code / Title 1 / Chapter 16G / Section 1-16G-63
Time and manner of reinvestment payment
Status: in_force

After the timely receipt of a completed affidavit for reinvestment payment, within ninety days GOED shall make payment from the reinvestment fund to the project owner based upon the amount and terms approved by the board as a reinvestment payment. If GOED requests additional documents or information from the project owner, the ninety day period begins to run from the date of receipt of the additional documents or information. GOED shall tender the reinvestment payment by electronic funds transfer.

Source: SL 2013, ch 7, § 31, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-18-3 — SD Code / Title 1 / Chapter 18 / Section 1-18-3
Creation--Additional duties
Status: in_force

There is hereby created the South Dakota State Historical Society which shall perform the following duties and any other duties as may be imposed upon it by law:

(1) Provide education of the public in the fields of history;

(2) Promote the preservation of sites of historical and cultural significance;

(3) Encourage private fund raising to support historical projects;

(4) Continue responsibilities and contracts with members of the society, as provided by law;

(5) Maintain liaison and support with local historical societies and groups;

(6) Provide advice to the secretary of education and the State Historical Society Board of Trustees so as to promote cooperation in the preservation of the history of the state;

(7) Conduct special programs and public events to promote history;

(8) Promote the study of archaeology;

(9) Promote the preservation of historical records; and

(10) Publish such information relating to the history of the state as it deems advisable.

The South Dakota State Historical Society shall be organized with officers, as provided in §§ 1-18-18 , 1-18-20 , and 1-18-25 , and members, as provided in § 1-18-4 .

Source: SDC 1939, § 29.0103; SL 1974, ch 10, § 1; SL 2003 ch 272 (Ex. Ord.), § 82; SL 2005, ch 10, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 3.
S.D. Codified Laws § 1-26B-8 — SD Code / Title 1 / Chapter 26B / Section 1-26B-8
Information furnished by Department of Legislative Audit
Status: in_force

The Department of Legislative Audit shall furnish, upon request of the committee, any relevant information including the reports of audits of any agency under review.

Source: SL 1978, ch 18, § 8; SL 1989, ch 18, § 8.
S.D. Codified Laws § 1-6-3.2 — SD Code / Title 1 / Chapter 6 / Section 1-6-3.2
Sale of replica or facsimile--Authorization--Violation as misdemeanor
Status: in_force

A person may not sell or offer for sale a replica or facsimile of the official seal of the State of South Dakota, adopted and described in §§ 1-6-1 and 1-6-2 , without the specific authorization from the secretary of state. However, a facsimile of the state seal may be sold as an emblem for emblem specialty license plates under chapter 32-5 . A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 8, § 3; SL 1987, ch 3, § 2; SL 1988, ch 5, § 2; SL 2011, ch 3, § 2; SL 2020, ch 131, § 5.
S.D. Codified Laws § 1-41-26 — SD Code / Title 1 / Chapter 41 / Section 1-41-26
Promulgation of rules governing inspection of certain concentrated animal feeding operations
Status: in_force

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to establish an inspection and enforcement program or system for any concentrated animal feeding operation that is required to operate under a general or individual water pollution control permit issued under chapter 34A-2 or required to obtain approval of plans and specifications pursuant to § 34A-2-27 .

Source: SL 1997, ch 207, § 1; SDCL § 1-40-38; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-41-28.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-28.1
Promulgation of rules for state agency recycling programs
Status: in_force

The Department of Agriculture and Natural Resources shall promulgate rules pursuant to chapter 1-26 to require each state agency to establish a program for the separation for recycling of all materials listed in § 34A-6-67 or whose disposal is prohibited by rule under §§ 34A-6-59 to 34A-6-92 , inclusive, which are generated as waste by the agency. In addition, the rules shall require each agency, in accordance with recommendations made by the Department of Agriculture and Natural Resources, to establish an agency wastepaper recycling program by July 1, 1993, to ensure the recycling of the wastepaper generated by the agency. All state employees shall practice conservation of paper materials. For the purposes of this section, the term, agency wastepaper, means wastepaper or wastepaper products generated by the agency. The rules promulgated under this section shall provide for the continuation of existing state agency contracts which provide for alternative waste management not including incineration or land burial of agency wastepaper.

Source: SL 1992, ch 254, § 43; SDCL 5-23-39; SL 2010, ch 31, § 118; SDCL § 1-40-41; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-15-33 — SD Code / Title 1 / Chapter 15 / Section 1-15-33
Responsibility for transporting inmates to hearings
Status: in_force

If an inmate confined in any prison, facility, or program under the control of the Department of Corrections pursuant to § 1-15-1.4 , is ordered by the court to be present at a criminal proceeding or a sentence modification hearing pursuant to § 23A-27-19 , the prosecuting county shall transport the inmate to the proceeding or hearing. If an inmate is ordered by a court to be present at a hearing under § 26-7A-122 , the county where the hearing is held shall transport the inmate to the hearing. However, if the proceeding is for a criminal offense committed while the inmate was in a Department of Corrections institution, the Department of Corrections shall transport the inmate to the proceeding.

Source: SL 1999, ch 110, § 3.
S.D. Codified Laws § 1-25-8 — SD Code / Title 1 / Chapter 25 / Section 1-25-8
Open Meeting Commission--Appointment of members--Chair
Status: in_force

The South Dakota Open Meeting Commission is comprised of five state's attorneys or deputy state's attorneys appointed by the attorney general. Each commissioner serves at the pleasure of the attorney general. The members of the commission shall choose a chair of the commission annually by majority vote.

Source: SL 2004, ch 19, § 3; SL 2024, ch 7, § 1.
S.D. Codified Laws § 1-53-11 — SD Code / Title 1 / Chapter 53 / Section 1-53-11
South Dakota Ellsworth Development Authority transferred
Status: transferred

The South Dakota Ellsworth Development Authority created by chapter 1-16J and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the South Dakota Ellsworth Development Authority.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 65, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-11-25.1 — SD Code / Title 1 / Chapter 11 / Section 1-11-25.1
Remittance of fees collected for 24/7 sobriety fund
Status: in_force

All fees collected for deposit in the state 24/7 sobriety fund created by § 1-11-18 shall be remitted on at least a quarterly basis.

Source: SL 2014, ch 6, § 11.
S.D. Codified Laws § 1-19B-58 — SD Code / Title 1 / Chapter 19B / Section 1-19B-58
Actions affecting conservation easements
Status: in_force

An action affecting a conservation easement may be brought by:

(1) An owner of an interest in the real property burdened by the easement;

(2) A holder of the easement; or

(3) A person having a third - party right of enforcement.

Sections 1-19B-56 to 1-19B-60 , inclusive, do not affect the power of a court to modify or terminate a conservation easement according to the principles of law and equity.

Source: SL 1984, ch 280, § 3.
S.D. Codified Laws § 1-41-20 — SD Code / Title 1 / Chapter 41 / Section 1-41-20
Rejection of applications for certain environmental protection, mining, oil, and gas permits
Status: in_force

The secretary may reject an application for any permit filed pursuant to Title 34A or 45, including any application by any concentrated swine feeding operation for authorization to operate under a general permit, upon making a specific finding that:

(1) The applicant is unsuited or unqualified to perform the obligations of a permit holder based upon a finding that the applicant, any officer, director, partner, or resident general manager of the facility for which application has been made:

(a) Has intentionally misrepresented a material fact in applying for a permit;

(b) Has been convicted of a felony or other crime involving moral turpitude;

(c) Has habitually and intentionally violated environmental laws of any state or the United States which have caused significant and material environmental damage;

(d) Has had any permit revoked under the environmental laws of any state or the United States; or

(e) Has otherwise demonstrated through clear and convincing evidence of previous actions that the applicant lacks the necessary good character and competency to reliably carry out the obligations imposed by law upon the permit holder; or

(2) The application substantially duplicates an application by the same applicant denied within the past five years which denial has not been reversed by a court of competent jurisdiction. Nothing in this subdivision may be construed to prohibit an applicant from submitting a new application for a permit previously denied, if the new application represents a good faith attempt by the applicant to correct the deficiencies that served as the basis for the denial in the original application.

All applications filed pursuant to Titles 34A and 45 shall include a certification, sworn to under oath and signed by the applicant, that he is not disqualified by reason of this section from obtaining a permit. In the absence of evidence to the contrary, that certification shall constitute a prima facie showing of the suitability and qualification of the applicant. If at any point in the application review, recommendation or hearing process, the secretary finds the applicant has intentionally made any material misrepresentation of fact in regard to this certification, consideration of the application may be suspended and the application may be rejected as provided for under this section.

Applications rejected pursuant to this section constitute final agency action upon that application and may be appealed to circuit court as provided for under chapter 1-26 .

Source: SL 1991, ch 288, § 1; SL 1993, ch 257, § 3; SL 1997, ch 15, § 1; SDCL § 1-40-27; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-47-10 — SD Code / Title 1 / Chapter 47 / Section 1-47-10
Commission on Gaming transferred
Status: transferred

The Commission on Gaming and its functions, including those functions under chapters 42-7 and 42-7B , in the former Department of Revenue and Regulation are transferred to the Department of Revenue. The secretary of the Department of Revenue shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Commission on Gaming.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 28, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 53, 117, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-10-6 — SD Code / Title 1 / Chapter 10 / Section 1-10-6
Teen court grant program fund established
Status: in_force

There is hereby established in the state treasury the teen court grant program fund to be administered by the Office of the State Treasurer. Money shall enter the fund through contributions, grants, transfers, settlement funds, interest received on moneys in the fund, and any other moneys collected for the purposes of §§ 1-10-5 to 1-10-9 , inclusive. The state treasurer shall distribute the fund balance quarterly to the South Dakota Teen Court Association for the purpose of administering and funding the grant program.

Source: SL 2007, ch 3, § 2, eff. Mar. 16, 2007.
S.D. Codified Laws § 1-33-46 — SD Code / Title 1 / Chapter 33 / Section 1-33-46
Board of Regents--Joint exercise of power
Status: in_force

To effectuate the purposes of this chapter, the South Dakota Board of Regents may provide and enter into an agreement for the joint exercise of governmental power with the Bureau of Information and Technology.

Source: SL 1983, ch 4, § 3; SDCL, § 1-14-12.11; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-27-18 — SD Code / Title 1 / Chapter 27 / Section 1-27-18
Local records management programs
Status: in_force

The governing body of each county, municipality, township, district, authority, or any public corporation or political entity, whether organized and existing under charter or under general law, shall promote and implement the principles of efficient records management for local records. The governing body may, as far as practical, follow the program established for the management of state records. The commissioner of human resources and administration may, upon the request of a governing body, provide advice and assistance in the establishment of a local records management program.

Source: SL 1967, ch 253, § 4; SL 1981, ch 10, § 1; SL 1992, ch 60, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16A-24 — SD Code / Title 1 / Chapter 16A / Section 1-16A-24
Mortgages for security of bondholders
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to mortgage all or any portion of the facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit of the holders of bonds issued to finance such facilities or any portion thereof.

Source: SL 1972, ch 10, § 7 (12).
S.D. Codified Laws § 1-25-9 — SD Code / Title 1 / Chapter 25 / Section 1-25-9
Limitations on participation by commission members
Status: in_force

No member of the commission may participate as part of the commission or vote on any action regarding a violation of this chapter if that member reported or was involved in the initial investigation, is an attorney for anyone who reported or was involved in the initial investigation, or represents or serves as a member of the governmental entity about whom the referral is made. The provisions of this section do not preclude a commission member from otherwise serving on the commission for other matters referred to the commission.

Source: SL 2004, ch 19, § 4.
S.D. Codified Laws § 1-29-3 — SD Code / Title 1 / Chapter 29 / Section 1-29-3
Supremacy of chapter over conflicting law
Status: in_force

The provisions of this chapter shall control and be supreme in the event it shall be employed notwithstanding the provisions of any other law to the contrary or in conflict herewith.

Source: SL 1961, ch 287, § 3.
S.D. Codified Laws § 1-43-13 — SD Code / Title 1 / Chapter 43 / Section 1-43-13
Rules for establishment, maintenance, and use of cancer data collection system
Status: in_force

The Department of Health shall promulgate rules pursuant to chapter 1-26 to provide for the establishment, maintenance, and use of a cancer data collection system pursuant to §§ 1-43-11 and 1-43-12 . The rules shall include:

(1) Provisions requiring the reporting of cancer cases or specifying circumstances under which cancer cases shall be reported;

(2) Criteria for authorizing persons or entities to undertake cancer data collection;

(3) Criteria and procedures for maintaining confidentiality as required in § 1-43-11 ; and

(4) Procedures and requirements governing the structure and objectives of the cancer data collection system and the reporting, collection, analysis, and dissemination of data and information related to the cancer data collection system.

Source: SL 1991, ch 18, § 3.
S.D. Codified Laws § 1-54-16 — SD Code / Title 1 / Chapter 54 / Section 1-54-16
Application process
Status: in_force

The department shall inform potential applicants of the application and award period and of the amount of funding available for the grants. The department shall also provide the application form and scoring rubric that informs potential applicants of the weight to be assigned to each characteristic referenced in § 1-54-15 within the selection process. Applicants shall complete the application form and provide any additional information requested by the department. The application is not complete until all necessary information is submitted.

Source: SL 2016, ch 86, § 4; SDCL § 13-14-19 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 26, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-18-13.1 — SD Code / Title 1 / Chapter 18 / Section 1-18-13.1
Trustees--Number--Qualifications--Terms
Status: in_force

The State Historical Society Board of Trustees shall consist of twelve members. Not all of the members may be of the same political party. The members shall have demonstrated an interest or proficiency in history, anthropology, archaeology, museology, or architecture.

The term of office of each member shall be three years. Terms shall be staggered so that the terms of four members expire each year. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term.

Source: SL 1985, ch 400, § 26.
S.D. Codified Laws § 1-39-4 — SD Code / Title 1 / Chapter 39 / Section 1-39-4
Agencies constituting department
Status: in_force

The Department of Game, Fish and Parks shall consist of the agencies named in this chapter and such other agencies as may be created by law, executive order, or administrative action and placed within the department.

Source: SL 1973, ch 2, § 111.
S.D. Codified Laws § 1-27-14 — SD Code / Title 1 / Chapter 27 / Section 1-27-14
Obsolete records listed by state agencies
Status: in_force

The head of each agency, also, shall submit lists of state records in his or her custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal, or fiscal value to warrant further keeping for disposal in conformity with the requirements of § 1-27-11 .

Source: SL 1967, ch 253, § 3; SL 2011, ch 2, § 24.
S.D. Codified Laws § 1-27-21 — SD Code / Title 1 / Chapter 27 / Section 1-27-21
Public document or record defined--Public meeting
Status: in_force

For the purposes of §§ 1-27-20 to 1-27-25 , inclusive, an official public document or record is any document officially compiled, published, or recorded by the state including deeds, publicly probated wills, records of births, deaths, and marriages, and any other document or record required to be kept open for public inspection pursuant to chapter 1-27 . An official public meeting is any meeting or proceeding required to be open to the public pursuant to chapter 1-25 .

Source: SL 1995, ch 9, § 2.
S.D. Codified Laws § 1-33B-12 — SD Code / Title 1 / Chapter 33B / Section 1-33B-12
Continuance of contract--Payments
Status: in_force

If the governmental unit reasonably believes that legally available funds of an amount sufficient to make all contractual payments during the original term and each of the renewal terms can be obtained either through projected operational or energy savings, or both, or a performance bond guaranteeing such savings, the governmental entity shall continue the contract through the original term and all of the renewal terms and pay the contracted payments.

Source: SL 1992, ch 14, § 12.
S.D. Codified Laws § 1-6-7 — SD Code / Title 1 / Chapter 6 / Section 1-6-7
State song
Status: in_force

The song "Hail! South Dakota" having words and music written by Deecort Hammitt is adopted and established as the official state song of South Dakota. A copy of such composition is on file in the Office of the Secretary of State and the words of which are as follows:

Hail! South Dakota, the best state in the land,

She has her Black Hills, and mines with gold so rare,

Come where the sun shines, and where life's worth your while,

No state's so healthy, and no folk quite so true,

Hail! South Dakota, the state we love the best,

Home of the Badlands, and Rushmore's ageless shrine,

(Hills, farms and prairies, blessed with bright sunshine).

Source: SL 1943, ch 268; SDC Supp 1960, § 55.0111.
S.D. Codified Laws § 1-10-1 — SD Code / Title 1 / Chapter 10 / Section 1-10-1
General duties of treasurer
Status: in_force

The state treasurer shall have charge of and safely keep all public moneys which shall be paid into the state treasury, and pay out the same as directed by law, and perform such other duties as are required of him by law.

Source: SDC 1939, § 55.1401.
S.D. Codified Laws § 1-16A-54.2 — SD Code / Title 1 / Chapter 16A / Section 1-16A-54.2
Amount and terms of securities purchased--Mortgage--Insurance and guaranties
Status: in_force

Any securities purchased pursuant to § 1-16A-54.1 shall have the same principal amounts, maturities, and interest rates as the bonds being issued pursuant to § 1-16A-54.1 . If the authority deems it advisable, the securities may be secured by a first mortgage lien on the educational or health facility being financed. If a mortgage is required, the securities are subject to any exception approved by the authority and created by a mortgage instrument satisfactory to the authority. The securities may be insured or guaranteed by others.

Source: SL 1976, ch 9, § 1; SL 2013, ch 5, § 2.
S.D. Codified Laws § 1-16A-98 — SD Code / Title 1 / Chapter 16A / Section 1-16A-98
State not liable for capital outlay certificates and lease purchase agreements sponsored by authority or secured by pledge of state aid to education
Status: in_force

No capital outlay certificate issued or lease purchase agreement entered into as part of a program sponsored by the authority or secured by a pledge of state aid to education funds may be or become a lien, charge, or liability against the state or the authority, nor against the property or funds of the state or the authority within the meaning of the Constitution or laws of South Dakota.

Source: SL 2015, ch 90, § 7.
S.D. Codified Laws § 1-11-1 — SD Code / Title 1 / Chapter 11 / Section 1-11-1
General duties of attorney general
Status: in_force

It is the duty of the attorney general:

(1) To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party;

(2) When requested by the Governor or either branch of the Legislature, or whenever, in the judgment of the attorney general, the welfare of the state demands, to appear for the state and prosecute or defend, in any court or before any officer, any cause or matter, civil or criminal, in which the state may be a party or interested;

(3) To attend to all civil cases remanded by the Supreme Court to the circuit court, in which the state shall be a party or interested;

(4) To prosecute, at the request of the Governor, state auditor, or state treasurer, any official bond or contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their departments;

(5) To consult with, advise, and exercise supervision over the several state's attorneys of the state in matters pertaining to the duties of their office, and the attorney general shall be authorized and it is made the duty of the office, whenever in the attorney general's judgment any opinion written by the attorney general will be of general interest and value, to mail either written or printed copies of such opinion to the auditor - general and to every state's attorney and county auditor in the state;

(6) When requested, to give an opinion in writing, without fee, upon all questions of law submitted to the attorney general by the Legislature or either branch thereof, or by the Governor, auditor, or treasurer;

(7) When requested by the state auditor, treasurer, or commissioner of school and public lands, to prepare proper drafts for contracts, forms, and other writings, which may be wanted for use of the state;

(8) To report to the Legislature, or either branch thereof, whenever requested, upon any business relating to the duties of the office;

(9) To prosecute state officers who neglect or refuse to comply with the provisions of statutes of this state prohibiting officers of the state from accepting any money, fee, or perquisite other than salary for performance of duties connected with the office or paid because of holding such office and the statute requiring issue and delivery and filing of prenumbered duplicate receipts and accounting for money received for the state;

(10) To pay into the state treasury all moneys received by the attorney general, belonging to the state, immediately upon the receipt thereof;

(11) To prosecute any criminal action that was committed by an inmate under confinement in a facility operated by the Department of Corrections;

(12) To attend to and perform any other duties which may from time to time be required by law; and

(13) To publish an explanation of the open meeting laws of this state, as found in chapter 1-25 , on the attorney general's website each year before January first.

Source: SDC 1939, § 55.1501; SL 2024, ch 94, § 1; SL 2025, ch 7, § 1.
S.D. Codified Laws § 1-7-5.1 — SD Code / Title 1 / Chapter 7 / Section 1-7-5.1
Compensation of lieutenant governor for performance of duties assigned by Governor
Status: in_force

For performing constitutional duties and duties assigned by the Governor, the lieutenant governor shall receive a salary to be determined by the Governor but not to exceed the amount appropriated by the Legislature and shall be reimbursed for actual expenses associated with public service. Such salary shall be in addition to the salary provided for in § 3-8-2.1 . For purposes of this section, representing the Governor shall include, but not be limited to, investigating complaints of citizens regarding any administrative acts of administrative departments.

Source: SL 1978, ch 6, § 1; SL 1985, ch 4; SL 1987, ch 8, § 1.
S.D. Codified Laws § 1-55-1 — SD Code / Title 1 / Chapter 55 / Section 1-55-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Account receivable cycle," the period of time during which the center may attempt to collect on a debt before the center determines the debt is uncollectible and returns the remaining balance of the debt to the referring entity;

(2) "Center," the obligation recovery center;

(3) "Debt," a legal obligation to pay money, including any principal, any interest that has accrued or will accrue until the debt is paid, any penalties, any costs, and any other charges permitted by law. The term also includes any obligation of any kind referred to the center for collection by any agency of the state, the Unified Judicial System, the Board of Regents, a technical college supported by the state under § 13-39A-42 , or a constitutional office;

(4) "Debtor," a person who is indebted to the state or a state agency for any delinquent accounts, charges, fees, loans, taxes, or other indebtedness due the state, or any person that owes any obligation being collected by the center;

(5) "Bad debt," any debt due an agency of the state, the Board of Regent's system, any technical college supported by the state under § 13-39A-42 , or a constitutional office that is no longer subject to an administrative appeal or judicial review following an administrative appeal, or any costs, fines, fees, or restitution ordered in any adult criminal proceeding through the Unified Judicial System no longer subject to direct appeal under § 23A-32-2 ;

(6) "Final notification," the notification provided by § 1-55-7 ; and

(7) "Referring entity," the entity referring the debt to the state obligation recovery center for collection.

Source: SL 2015, ch 14, § 2; SL 2019, ch 13, § 1; SL 2020, ch 61, § 32; SL 2024, ch 14, § 1.
S.D. Codified Laws § 1-46-11 — SD Code / Title 1 / Chapter 46 / Section 1-46-11
Annual report and recommendations on civil air patrol
Status: in_force

The adjutant general shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the civil air patrol created by chapter 33-21 .

Source: SL 1973, ch 2, § 275.
S.D. Codified Laws § 1-5-15 — SD Code / Title 1 / Chapter 5 / Section 1-5-15
Welcome Home Vietnam Veterans Day
Status: in_force

The thirtieth day of March, to be known as Welcome Home Vietnam Veterans Day, shall be observed in this state as a working holiday. Welcome Home Vietnam Veterans Day is dedicated to the remembrance and recognition of the service and sacrifice rendered by our nation's veterans of the Vietnam War.

Source: SL 2013, ch 3, § 1.
S.D. Codified Laws § 1-33-38 — SD Code / Title 1 / Chapter 33 / Section 1-33-38
Commissioner of Bureau of Information and Technology--Powers and duties--Promulgation of rules
Status: in_force

The head of the Bureau of Information and Technology is the commissioner of the Bureau of Information and Technology.

The bureau is administered by the commissioner, who shall:

(1) Provide assistance, under the rules and regulations provided in this section, as necessary for the performance of the official duties imposed upon the various departments and divisions by this code;

(2) Employ staff and maintain facilities as necessary to operate a local government services program that arranges or provides services for public corporations pursuant to § 1-33-45 ;

(3) Create a telecommunications network that:

(a) Provides cost effective services for business, education, government, and rural economic development; and

(b) Ensures network uses are consistent with the best interests of the state and telecommunications network users; and

(4) Administer policies and promulgate rules, pursuant to chapter 1-26 , related to the management, programming, and use of the state information network.

Source: SDC 1939, § 55.2005; SL 1943, ch 257, § 11; SL 1955, ch 243, § 1; SL 1963, ch 353, § 15; SL 1971, ch 5, § 6; SL 1974, ch 7; SL 1975, ch 12; SL 1979, ch 6; SL 1985, ch 33, § 17; SL 1988, ch 11, § 1; SL 1993, ch 162; SDCL, § 1-14-12; SL 1994, ch 412 (Ex. Ord. 94-4), § 18; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026; SL 2026, ch 13, § 2.
S.D. Codified Laws § 1-8-13 — SD Code / Title 1 / Chapter 8 / Section 1-8-13
Fee for payment returned due to insufficient funds
Status: in_force

The Office of the Secretary of State may collect a fee for any payment made to the office and returned due to insufficient funds as provided for in § 57A-3-421 . The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund.

Source: SL 2012, ch 2, § 1.
S.D. Codified Laws § 1-27-1.1 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.1
Public records defined
Status: in_force

Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public, public records include all records and documents, regardless of physical form, of or belonging to this state, any county, municipality, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which is a public record in its original form remains a public record when maintained in any other form. For the purposes of §§ 1-27-1 to 1-27-1.15 , inclusive, a tax-supported district includes any business improvement district created pursuant to chapter 9-55 .

Source: SL 2009, ch 10, § 2.
S.D. Codified Laws § 1-16H-44 — SD Code / Title 1 / Chapter 16H / Section 1-16H-44
Property tax exemption for certain leased property in Lawrence County
Status: in_force

If the authority leases land, improvements, equipment, fixtures, or other property interests in Lawrence County to an entity that:

(1) Is organized and operated on a not-for-profit basis;

(2) Is organized as a limited liability company;

(3) Has members of the limited liability company otherwise qualifying for exemption from real property taxation in the state where the entity's headquarters are located; and

(4) Is organized and operated for scientific research and related educational purposes;

Source: SL 2011, ch 8, § 1.
S.D. Codified Laws § 1-27-1.17 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.17
Draft minutes of public meeting to be available--Exceptions--Violation as misdemeanor
Status: in_force

The unapproved, draft minutes of any public meeting held pursuant to § 1-25-1 that are required to be kept by law shall be available for inspection by any person within ten business days after the meeting. However, this section does not apply if an audio or video recording of the meeting is available to the public on the governing body's website within five business days after the meeting. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to draft minutes of contested case proceedings held in accordance with the provisions of chapter 1-26 .

Source: SL 2010, ch 9, § 3.
S.D. Codified Laws § 1-53-22 — SD Code / Title 1 / Chapter 53 / Section 1-53-22
Promulgation of rules governing farm link program
Status: in_force

The Governor's Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant to § 1-53-21 . The rules shall include provisions governing program eligibility and procedures for data management, applications, and program administration.

Source: SL 1993, ch 300, § 2; SDCL § 38-1-43 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 41, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-5-17 — SD Code / Title 1 / Chapter 5 / Section 1-5-17
Peter Norbeck Day
Status: in_force

The twenty-seventh day of August, to be known as Peter Norbeck Day, shall be observed in this state as a working holiday. Peter Norbeck Day is dedicated to the remembrance and recognition of South Dakota's first native-born governor and the founder of Custer State Park, Peter Norbeck.

Source: SL 2018, ch 5, § 1.
S.D. Codified Laws § 1-16H-42 — SD Code / Title 1 / Chapter 16H / Section 1-16H-42
Severability of provisions
Status: in_force

The sections, clauses, sentences, and parts of this chapter are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if this chapter would otherwise be unconstitutional or ineffective. It is the intention of this chapter to confer upon the authority the whole or any part of the powers in this chapter provided for, and if any one or more sections, clauses, sentences, and parts of this chapter are for any reason questioned in any court of competent jurisdiction and are adjudged unconstitutional or invalid, the judgment does not affect, impair, or invalidate the remaining provisions thereof, but is confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence, or part of this chapter in any one or more instances does not affect or prejudice its applicability or validity in any other instance.

Source: SL 2004, ch 15, § 42.
S.D. Codified Laws § 1-18-8 — SD Code / Title 1 / Chapter 18 / Section 1-18-8
Place of business
Status: in_force

The principal business of the society shall be transacted at the South Dakota State History Museum.

Source: SDC 1939, § 29.0107; SL 1967, ch 124; SL 1974, ch 10, § 3; SL 1996, ch 8, § 3; SL 2021, ch 7, § 7.
S.D. Codified Laws § 1-5-10 — SD Code / Title 1 / Chapter 5 / Section 1-5-10
Arbor Day
Status: in_force

The last Friday in April of each year shall be set apart and established as "Arbor Day," or tree planting day, to promote and encourage the planting of trees in South Dakota. On this day and throughout the week, schools, civic organizations, communities, and all citizens and groups are urged to seriously consider the contribution of trees to the beauty and economic welfare of the state. Citizens are further encouraged to plant a tree and to properly care for the trees, shrubs, and other woody plants that provide many benefits to our citizens.

Source: SL 1998, ch 6, § 1.
S.D. Codified Laws § 1-24-12 — SD Code / Title 1 / Chapter 24 / Section 1-24-12
Authorization for and establishment of enforceability and validity of pool arrangements--Government immunity
Status: in_force

The provisions of this chapter are applicable to and authorize and establish the enforceability and validity of pool arrangements entered into by participating public agencies to provide for payment of valid claims against participating public agencies and their officers and employees for liability they may incur which is not avoidable under the tenth or eleventh amendments of the United States Constitution, including liability coverage for property, personal injury and workers compensation claims and group life, health and accident coverage. Nothing in §§ 1-24-11 to 1-24-17 , inclusive, constitutes an abrogation, change, waiver or modification of the doctrine of governmental or sovereign immunity created by any statute, judicial opinion, ordinance, resolution or tort claims act nor may §§ 1-24-11 to 1-24-17 , inclusive, create any cause of action in federal court or under federal law. A pool arrangement authorized by §§ 1-24-11 to 1-24-17 , inclusive, may provide coverages, services or benefits only for or on behalf of the participating public agencies in any given pool arrangement.

Source: SL 1991, ch 11, § 3.
S.D. Codified Laws § 1-37-19 — SD Code / Title 1 / Chapter 37 / Section 1-37-19
Abstractors Board of Examiners transferred
Status: transferred

The Abstractors Board of Examiners, created by chapter 36-13 , and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Abstractors Board of Examiners.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 42, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-41-27 — SD Code / Title 1 / Chapter 41 / Section 1-41-27
Electronic signatures permitted on certain documents
Status: in_force

The department may accept a document with an electronic signature if submitted in that form by the signatory to comply with state environmental regulatory requirements. The department shall provide for the authenticity of each electronic signature by adhering to any standards established by the Bureau of Information and Technology pursuant to §§ 53-12-47 and 53-12-50 or any other standards the department may establish by rules promulgated pursuant to chapter 1-26 . Any entity submitting a report to the department as required by the United States Environmental Protection Agency or a state environmental program approved by the United States Environmental Protection Agency may satisfy reporting requirements by cross-media electronic reporting in lieu of paper-based reporting as provided for by the United States Environmental Protection Agency pursuant to the standards promulgated in the Federal Register, Vol. 70, No. 197 (October 13, 2005--40 CFR Parts 3, 9, 51 et al.--Cross-Media Electronic Reporting; Final Rule).

Source: SL 2010, ch 12, § 1; SDCL § 1-40-39; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-16A-82 — SD Code / Title 1 / Chapter 16A / Section 1-16A-82
Sale of education savings bonds--Computation of aggregate principal
Status: in_force

Education savings bonds or certificates may be sold either at a competitive or negotiated sale. For purposes of computing the aggregate principal amount of bonds or certificates issued or outstanding at any one time, education savings bonds or certificates shall be considered to be issued and outstanding in a principal amount equal to the price paid to the authority for such bonds or certificates as of the date of their sale.

Source: SL 1990, ch 10, § 5.
S.D. Codified Laws § 1-22-12 — SD Code / Title 1 / Chapter 22 / Section 1-22-12
Administration by council--Annual report
Status: in_force

The council shall administer §§ 1-22-9 to 1-22-17 , inclusive. The council shall make an annual report to the Legislature of all activity under §§ 1-22-9 to 1-22-17 , inclusive.

Source: SL 1989, ch 14, § 4; SL 2009, ch 1, § 118.
S.D. Codified Laws § 1-16J-14 — SD Code / Title 1 / Chapter 16J / Section 1-16J-14
Pledge or assignment of and lien on or security interest in revenues, funds, or accounts
Status: in_force

Any revenue bonds or notes shall be secured as provided in the authorizing resolution which may, notwithstanding any other provision of this chapter, include in addition to any other security, a specific pledge or assignment of and lien on, or security interest in, any or all revenues or money of the authority from whatever source that may by law be used for debt service purposes and a specific pledge or assignment of, and lien on, or security interest in, any funds or accounts established or provided for by resolution of the authority authorizing the issuance of any such revenue bond, note, or other instrument. Any pledge made by the authority of revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project to pay any revenue bond, note, or other evidence of indebtedness of the authority is binding from the time the pledge is made. Revenues and other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay any revenue bond, note, or other evidence of indebtedness of the authority shall be held outside of the state treasury and in the custody of the authority or a trustee or a depository appointed by the authority. Revenues or other moneys received or to be received by the authority pursuant to an agreement with a governmental agency relating to a project so pledged to pay any revenue bond, note, or other evidence of indebtedness of the authority and thereafter received by the authority or such trustee or depository shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any pledge is binding against all parties having claims of any kind of tort, contract, or otherwise against the authority or the State of South Dakota, irrespective of whether the parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the authority.

Source: SL 2009, ch 8, § 14.
S.D. Codified Laws § 1-26-30 — SD Code / Title 1 / Chapter 26 / Section 1-26-30
Right to judicial review of contested cases--Preliminary agency actions
Status: in_force

A person who has exhausted all administrative remedies available within any agency or a party who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter. If a rehearing is authorized by law or administrative rule, failure to request a rehearing will not be considered a failure to exhaust all administrative remedies and will not prevent an otherwise final decision from becoming final for purposes of such judicial review. This section does not limit utilization of or the scope of judicial review available under other means of review, redress, or relief, when provided by law. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.

Source: SL 1966, ch 159, § 15 (1); SL 1972, ch 8, § 26; SL 1977, ch 13, § 12; SL 1978, ch 13, § 9; SL 1978, ch 15.
S.D. Codified Laws § 1-20-27 — SD Code / Title 1 / Chapter 20 / Section 1-20-27
Reservation from sale of state archaeological sites--Release when examination complete
Status: in_force

Upon written notice to the commissioner of school and public lands given by the state archaeologist, the commissioner shall reserve from sale any state lands on which sites or artifacts are located or may be found, as designated by the state archaeologist. However, the reservation of such lands from sale may be confined to the actual location of the site or artifacts. When such sites or artifacts have been explored, excavated, or otherwise examined to the extent desired by the state archaeologist, the state archaeologist shall then file with the commissioner a statement releasing such lands and permitting the sale of such lands.

Source: SL 1974, ch 11, § 9; SL 2009, ch 1, § 104.
S.D. Codified Laws § 1-18B-12 — SD Code / Title 1 / Chapter 18B / Section 1-18B-12
Copies--Fees
Status: in_force

For making copies of any paper, advertisement, legal notice, or document, the South Dakota State Historical Society Board of Trustees may promulgate rules, pursuant to chapter 1-26 , to set fees for reproducing such paper, advertisement, legal notice, or document.

Source: SDC 1939, § 29.0310; SDCL § 1-18-37; SL 1974, ch 9, § 12; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 28.