S.D. Codified Laws § 34-11C-1 — SD Code / Title 34 / Chapter 11C / Section 34-11C-1
Emergency medical personnel--Licensure--Interstate compact
Status: in_force

The Emergency Medical Personnel Licensure Interstate Compact is enacted into law and entered into with all other jurisdictions that legally join the compact, which is substantially as follows:

SECTION 1. PURPOSE

In order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This Compact is designed to achieve the following purposes and objectives:

1. Increase public access to EMS personnel;

2. Enhance the states' ability to protect the public's health and safety, especially patient safety;

3. Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation;

4. Support licensing of military members, and their spouses, who are separating from an active duty tour;

5. Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information;

6. Promote compliance with the laws governing EMS personnel practice in each member state; and

7. Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.

SECTION 2. DEFINITIONS

In this compact:

A. "Advanced Emergency Medical Technician (AEMT)" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.

B. "Adverse Action" means: any administrative, civil, equitable or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions and state court judgments enforcing adverse actions by the state EMS authority.

C. "Alternative program" means: a voluntary, non-disciplinary substance abuse recovery program approved by a state EMS authority.

D. "Certification" means: the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.

E. "Commission" means: the national administrative body of which all states that have enacted the compact are members.

F. "Emergency Medical Technician (EMT)" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.

G. "Home State" means: a member state where an individual is licensed to practice emergency medical services.

H. "License" means: the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic.

I. "Medical Director" means: a physician licensed in a member state who is accountable for the care delivered by EMS personnel.

J. "Member State" means: a state that has enacted this compact.

K. "Privilege to Practice" means: an individual's authority to deliver emergency medical services in remote states as authorized under this compact.

L. "Paramedic" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.

M. "Remote State" means: a member state in which an individual is not licensed.

N. "Restricted" means: the outcome of an adverse action that limits a license or the privilege to practice.

O. "Rule" means: a written statement by the interstate Commission promulgated pursuant to Section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.

P. "Scope of Practice" means: defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.

Q. "Significant Investigatory Information" means:

1. Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or

2. Investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond.

R. "State" means: any state, commonwealth, district, or territory of the United States.

S. "State EMS Authority" means: the board, office, or other agency with the legislative mandate to license EMS personnel.

SECTION 3. HOME STATE LICENSURE

A. Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.

B. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.

C. A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:

1. Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;

2. Has a mechanism in place for receiving and investigating complaints about individuals;

3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;

4. No later than five years after activation of the Compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with US CFR §731.202 and submit documentation of such as promulgated in the rules of the Commission; and

5. Complies with the rules of the Commission.

SECTION 4. COMPACT PRIVILEGE TO PRACTICE

A. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 3.

B. To exercise the privilege to practice under the terms and provisions of this compact, an individual must:

1. Be at least 18 years of age;

2. Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and

3. Practice under the supervision of a medical director.

C. An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.

D. Except as provided in Section 4 subsection C, an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the Commission.

E. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.

F. If an individual's privilege to practice in any remote state is restricted, suspended, or revoked the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.

SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE

An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:

1. The individual originates a patient transport in a home state and transports the patient to a remote state;

2. The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;

3. The individual enters a remote state to provide patient care and/or transport within that remote state;

4. The individual enters a remote state to pick up a patient and provide care and transport to a third member state;

5. Other conditions as determined by rules promulgated by the commission.

SECTION 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACT

Upon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.

SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSES

A. Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.

B. Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses.

C. All individuals functioning with a privilege to practice under this Section remain subject to the Adverse Actions provisions of Section 8.

SECTION 8. ADVERSE ACTIONS

A. A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.

B. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.

1. All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.

2. An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority.

C. A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.

D. A remote state may take adverse action on an individual's privilege to practice within that state.

E. Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.

F. A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.

G. Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

SECTION 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S EMS AUTHORITY

A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:

1. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and

2. Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.

SECTION 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE

A. The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.

1. The Commission is a body politic and an instrumentality of the Compact states.

2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

B. Membership, Voting, and Meetings

1. Each member state shall have and be limited to one (1) delegate. The responsible official of the state EMS authority or his designee shall be the delegate to this Compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the Governor of the state will determine which entity will be responsible for assigning the delegate.

2. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 12.

5. The Commission may convene in a closed, non-public meeting if the Commission must discuss:

a. Non-compliance of a member state with its obligations under the Compact;

b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;

c. Current, threatened, or reasonably anticipated litigation;

d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;

e. Accusing any person of a crime or formally censuring any person;

f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

h. Disclosure of investigatory records compiled for law enforcement purposes;

i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or

j. Matters specifically exempted from disclosure by federal or member state statute.

6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

C. The Commission shall, by a majority vote of the delegates, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:

a. For the establishment and meetings of other committees; and

b. Governing any general or specific delegation of any authority or function of the Commission;

3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed;

4. Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission;

5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;

6. Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;

7. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations;

8. The Commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any;

9. The Commission shall maintain its financial records in accordance with the bylaws;

10. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.

D. The Commission shall have the following powers:

1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;

2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;

7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

8. To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

9. To establish a budget and make expenditures;

10. To borrow money;

11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;

12. To provide and receive information from, and to cooperate with, law enforcement agencies;

13. To adopt and use an official seal; and

14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of EMS personnel licensure and practice.

E. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

F. Qualified Immunity, Defense, and Indemnification

1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

SECTION 11. COORDINATED DATABASE

A. The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the Commission, including:

1. Identifying information;

2. Licensure data;

3. Significant investigatory information;

4. Adverse actions against an individual's license;

5. An indicator that an individual's privilege to practice is restricted, suspended or revoked;

6. Non-confidential information related to alternative program participation;

7. Any denial of application for licensure, and the reason(s) for such denial; and

8. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

C. The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.

D. Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.

E. Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.

SECTION 12. RULEMAKING

A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

1. On the website of the Commission; and

2. On the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.

E. The Notice of Proposed Rulemaking shall include:

1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

2. The text of the proposed rule or amendment and the reason for the proposed rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

1. At least twenty-five (25) persons;

2. A governmental subdivision or agency; or

3. An association having at least twenty-five (25) members.

H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.

1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.

4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

J. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

1. Meet an imminent threat to public health, safety, or welfare;

2. Prevent a loss of Commission or member state funds;

3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

4. Protect public health and safety.

M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

A. Oversight

1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Commission.

3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

B. Default, Technical Assistance, and Termination

1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall:

a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

b. Provide remedial training and specific technical assistance regarding the default.

2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the Commission and the defaulting state.

6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

C. Dispute Resolution

1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.

2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.

3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

A. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.

B. Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state.

C. Any member state may withdraw from this compact by enacting a statute repealing the same.

1. A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

D. Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.

E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SECTION 15. CONSTRUCTION AND SEVERABILITY

This Compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.

Source: SL 2021, ch 139, § 1.
S.D. Codified Laws § 34-12-35.12 — SD Code / Title 34 / Chapter 12 / Section 34-12-35.12
Regional nursing facility--Designation
Status: in_force

A nursing facility may submit to the Department of Human Services an application for designation as a regional nursing facility. In order to obtain the designation, a nursing facility must:

(1) Be enrolled and in good standing with South Dakota Medicaid;

(2) Provide home and community-based services in the region through an affiliation or a contractual arrangement;

(3) Demonstrate intent to construct a new nursing facility or to substantially remodel an existing facility, upon merging with one or more health care facilities within a thirty-mile radius;

(4) Demonstrate that the newly constructed nursing facility or the substantially remodeled facility will:

(a) Support a homelike environment with a cluster, neighborhood, or household model layout;

(b) Contain single occupancy rooms and toilet areas;

(c) Abide by best practices regarding infection control and prevention;

(d) Allow for private visitation; and

(e) Support other best practices related to aging;

(5) Meet any other criteria set forth in rules promulgated by the department for the implementation of this section.

Upon approval of the application and completion of the construction or remodeling referenced in this section, the department shall designate the facility as a regional nursing facility. Upon a determination by the department that the proposal is budget-neutral for South Dakota Medicaid, the department shall reimburse the facility in accordance with the regional nursing facility rate methodology.

The department may promulgate rules, in accordance with chapter 1-26 , to implement this section.

Source: SL 2021, ch 141, § 1.
S.D. Codified Laws § 34-46-14 — SD Code / Title 34 / Chapter 46 / Section 34-46-14
Smoking in public or place of employment prohibited--Petty offense
Status: in_force

No person may smoke tobacco product or carry any lighted tobacco product in any public place or place of employment. A violation of this section is a petty offense.

Source: SL 2009, ch 171, § 1, approved eff. Nov. 10, 2010; SL 2019, ch 155, § 2.
S.D. Codified Laws § 34-40-1 — SD Code / Title 34 / Chapter 40 / Section 34-40-1
Manufacturer's identification number required for purchase, sale, or lease of device
Status: in_force

No person shall knowingly purchase, sell or offer for sale, or lease, or rent or offer to lease or rent, any device designed to propel projectiles for the purpose of subcutaneous injections of tranquilizers, depressants, or other drugs into animals, which is not identified by a serial or registration number placed thereon by the manufacturer.

Source: SL 1967, ch 33, § 3.
S.D. Codified Laws § 34A-6-1.38 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.38
County or municipal imposition and levy of disposal fee--Payment and collection--Distribution of shares
Status: in_force

In addition to the solid waste disposal fee assessed by the state under § 34A-6-1.17 and by a political subdivision under § 34A-6-29 , a county or municipality may impose and levy a solid waste disposal fee upon the disposal of solid waste at a solid waste facility within, or operated under, its jurisdiction. Fees imposed under this section are in addition to all other fees and taxes levied by law.

The fee imposed in this section shall be paid by the owner of the solid waste disposal facility and remitted to the county or municipal treasurer. The obligation to pay the fee accrues at the time the solid waste is disposed of at the solid waste facility. The owner of the facility may collect these fees from persons disposing of solid waste at the facility. The fee imposed by this section is due and payable by the owner on or before the fifteenth day of the month next succeeding the month in which the fee accrued together with a return on a form prescribed by the county or municipal treasurer. Each person required to pay the fee imposed by this section shall keep complete and accurate records in a form required by the county or municipal treasurer.

The county or municipality may distribute shares of this fee to municipalities and school districts within its boundary as it deems appropriate considering the location of the facility and the impacts on the representation jurisdiction.

Source: SL 1989, ch 306, § 38; SL 1992, ch 60, § 2; SL 2011, ch 165, § 117.
S.D. Codified Laws § 34-40-5 — SD Code / Title 34 / Chapter 40 / Section 34-40-5
Violation of chapter as misdemeanor
Status: in_force

Any person who violates any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor.

Source: SL 1967, ch 33, § 5; SL 1977, ch 190, § 120.
S.D. Codified Laws § 34-23A-16.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-16.1
Child born alive--Preservation of life and health
Status: in_force

The same means and medical skills and treatment provided a child born alive consistent with accepted standards of medical practice for treatment of a child at that child's particular stage of gestation must be employed and provided to every child born alive immediately following an abortion or an attempted abortion. This obligation applies to every physician who performs or attempts to perform an abortion that results in a child being born alive. Such physician has a physician-patient relationship with that child under the laws of this state, with all of the duties that attend that relationship. Among the duties of such physician is the duty to ensure that the child is immediately admitted to a hospital, consistent with accepted standards of medical practice.

For purposes of this section, born alive means the complete expulsion or extraction of a human being from its mother, at any stage of gestation, if after the expulsion or extraction, and regardless of whether the umbilical cord has been cut, that human being:

(1) Breathes;

(2) Has a beating heart;

(3) Has pulsation of the umbilical cord; or

(4) Has definite movement of voluntary muscles.

Source: SL 1977, ch 284, § 1; SL 2021, ch 150, § 1.
S.D. Codified Laws § 34-23A-17 — SD Code / Title 34 / Chapter 23A / Section 34-23A-17
Use of fetal tissue, organs, or body parts for research or transplantation prohibited--Exceptions--Violation as felony
Status: in_force

Any tissue, organ, or body part of an unborn or newborn child who has been subject to an induced abortion, other than an abortion necessary to prevent the death of the mother, may not be used in animal or human research or for animal or human transplantation. Nothing in this section precludes any therapy intended to directly benefit the unborn or newborn child who has been subject to the abortion. This section does not prohibit the use for human transplantation of an unborn child or any tissue or organ thereof if removed in the course of removal of an ectopic or a molar pregnancy. Any person who knowingly and for consideration provides, acquires, receives, or otherwise transfers any fetal tissue, organ, or body part in violation of this section is guilty of a Class 6 felony.

Source: SL 1973, ch 146, § 5; SL 1993, ch 250; SL 2016, ch 177, § 1.
S.D. Codified Laws § 34-27-24 — SD Code / Title 34 / Chapter 27 / Section 34-27-24
Commercial display of human skeletal remains or funerary objects as felony
Status: in_force

No person may knowingly display funerary objects or human skeletal remains previously buried in South Dakota for profit or to aid and abet a commercial enterprise. A violation of this section is a Class 6 felony.

Source: SL 1990, ch 6, § 4.
S.D. Codified Laws § 34-11-5.1 — SD Code / Title 34 / Chapter 11 / Section 34-11-5.1
Patient information confidential
Status: in_force

Any information obtained by the staff of an ambulance service that contains a patient's name, address, diagnosis, treatment, or other personally identifiable information is confidential, except as authorized by law, and may not be published or disclosed without authorization from the patient or the patient's designee.

Source: SL 1999, ch 169, § 1; SL 2024, ch 126, § 8.
S.D. Codified Laws § 34-23A-58.3 — SD Code / Title 34 / Chapter 23A / Section 34-23A-58.3
Pregnancy help centers placed on registry after January 1, 2012
Status: in_force

Any pregnancy help center which has not been placed on the registry of pregnancy help centers maintained by the Department of Health before January 1, 2012, which submits a written request or application to be listed on the state registry of pregnancy help centers, in order to be included on the registry, shall submit to the Department of Health an affidavit that certifies all of the information required by § 34-23A-58 as well as the information required by § 34-23A-58.1 .

Source: SL 2012, ch 186, § 6.
S.D. Codified Laws § 34-9-14 — SD Code / Title 34 / Chapter 9 / Section 34-9-14
Approval of municipality required for sale of real property by corporation
Status: in_force

Should the nonprofit corporation receiving the property desire to dispose of any of the real property transferred pursuant to § 34-9-11 through sale to a third party, the approval of the municipality must first be obtained.

Source: SL 1972, ch 191.
S.D. Codified Laws § 34A-3-21 — SD Code / Title 34A / Chapter 3 / Section 34A-3-21
Suspension or revocation of certificate for violations
Status: in_force

The secretary may suspend or revoke a certificate issued under this chapter on violation of any of the provisions of this chapter or any rules promulgated pursuant to this chapter.

Source: SL 1970, ch 217, § 13; SDCL Supp, § 36-22A-20; SL 2011, ch 165, § 75.
S.D. Codified Laws § 34-24-27 — SD Code / Title 34 / Chapter 24 / Section 34-24-27
Reports of fetal alcohol syndrome
Status: in_force

The Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of fetal alcohol syndrome from all physicians, hospitals, and institutions. To implement this section, the department may adopt rules, pursuant to chapter 1-26 , specifying the definitions, methods by which reports shall be made, and the content and timeliness of such reports.

Source: SL 2001, ch 185, § 1.
S.D. Codified Laws § 34-55-1 — SD Code / Title 34 / Chapter 55 / Section 34-55-1
Heroes wellness grant
Status: in_force

The Office of the Attorney General shall establish and administer the heroes wellness grant. Funds shall be expended as appropriated by the Legislature.

Source: SL 2021, ch 160, § 1, eff. Mar. 25, 2021.
S.D. Codified Laws § 34-43-5 — SD Code / Title 34 / Chapter 43 / Section 34-43-5
Issuance of warrant by magistrate or judge--Description of premises, purpose, and limitations of inspection
Status: in_force

If the magistrate judge or circuit court judge is satisfied that cause for the inspection exists, he shall issue the warrant particularly describing each place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and limitations of the inspection.

Source: SL 1986, ch 290, § 5.
S.D. Codified Laws § 34A-7-6 — SD Code / Title 34A / Chapter 7 / Section 34A-7-6
Littering prohibited--Exceptions--Violation as misdemeanor
Status: in_force

No person may dump, deposit, drop, throw, discard, leave, cause or permit the dumping, depositing, dropping, throwing, discarding or leaving of litter upon any public or private property in this state, or upon or into any river, lake, pond, or other stream or body of water in this state, unless:

(1) The property has been designated by the state or any of its agencies or political subdivisions, for the disposal of litter, and the litter is disposed of on that property in accordance with the applicable rules promulgated pursuant to chapter 1-26 by the Board of Minerals and Environment;

(2) The litter is placed into a receptacle or other container intended by the owner or tenant in lawful possession of that property for the deposit of litter;

(3) The person is the owner or tenant in lawful possession of the property or has first obtained the consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant and does not create a public health or safety hazard, a public nuisance, or a fire hazard;

(4) The person is acting under the direction of proper public officials during special cleanup days; or

(5) The person is lawfully acting in or reacting to an emergency situation where health and safety is threatened, and removes and properly disposes of such litter when the emergency situation no longer exists.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 242, § 3; SDCL Supp, § 34-16C-10; SL 1986, ch 295, § 29; SL 1992, ch 158, § 44; SL 1993, ch 256, § 33.
S.D. Codified Laws § 34-31A-22 — SD Code / Title 34 / Chapter 31A / Section 34-31A-22
Maximum tax levy
Status: in_force

The rate of tax for functions authorized by this chapter may not exceed sixty cents per thousand dollars of taxable valuation in the rural fire district for the purchase of rural fire - fighting equipment in rural fire districts or for the purpose of assisting and contributing to the purchase and upkeep of fire - fighting equipment in adjoining first or second class municipalities or villages.

Source: SL 1971, ch 208, § 14; SL 1984, ch 241, § 2; SL 1989, ch 87, § 15I; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34-20G-88.1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-88.1
Reporting--Prescription drug monitoring program
Status: in_force

For each cardholder and nonresident cardholder, the department shall submit to the prescription drug monitoring program, authorized pursuant to chapter 34-20E , the cardholder's:

(1) Name;

(2) Physical address, except that if the applicant is homeless, no address is required;

(3) Date of birth; and

(4) Registry identification card number.

Source: SL 2024, ch 132, § 11; SL 2026, ch 152, § 1.
S.D. Codified Laws § 34A-16-42 — SD Code / Title 34A / Chapter 16 / Section 34A-16-42
Designation ordinance exceptions for certain exempt materials
Status: in_force

The designation ordinance shall provide an exception for materials that are exempt or excluded from the designation under § 34A-16-34 or 34A-16-37 ; and for the term of the contract, shall provide an exception for materials subject to a contract affecting the delivery of the waste to the facility.

Source: SL 1993, ch 259, § 44.
S.D. Codified Laws § 34A-16-12 — SD Code / Title 34A / Chapter 16 / Section 34A-16-12
County or municipality cooperation in the planning, construction, or operation of solid waste facilities
Status: in_force

For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of solid waste facilities pursuant to this chapter, any county or municipality included in a district may, upon such terms, with or without consideration, as it may determine:

(1) Lend or donate money to the district;

(2) Cause water, sewer, or drainage facilities or any other facilities which it is empowered to provide, to be furnished adjacent to or in connection with solid waste facilities;

(3) Dedicate, sell, convey, or lease any of its interest in property or grant easements, licenses, or any other rights or privileges therein to the district without regard to public bidding or any other restrictions on disposition of public property;

(4) Furnish, dedicate, close, pave, install, grade, regrade, plan, plat, or replat streets, roads, roadways, and walks to such solid waste facilities;

(5) Do all things that counties and municipalities singly or in combination are allowed by law to do relating to the management of solid waste and that are necessary or convenient to aid and cooperate with the district in the planning, undertaking, construction, or operation of solid waste facilities, including providing labor or services to the district; and

(6) Enter into agreements with the district regarding action to be taken by the county or municipality pursuant to the provisions of this section.

Source: SL 1993, ch 259, § 12.
S.D. Codified Laws § 34A-17-11 — SD Code / Title 34A / Chapter 17 / Section 34A-17-11
Enforcement of covenant--Injunction or other equitable relief
Status: in_force

(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:

(1) A party to the covenant;

(2) The agency;

(3) Any person to whom the covenant expressly grants power to enforce;

(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or

(5) A municipality or other unit of local government in which the real property subject to the covenant is located.

(b) This chapter does not limit the regulatory authority of the agency under law other than this chapter with respect to an environmental response project.

(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.

Source: SL 2005, ch 196, § 11.
S.D. Codified Laws § 34-26-19 — SD Code / Title 34 / Chapter 26 / Section 34-26-19
Provisions applicable to parts of body
Status: in_force

All provisions of this code requiring burial of a dead body, or punishing interference with, or injuries to a dead body, apply equally to any part of a dead body separated therefrom during lifetime, or by dissection after death, as soon as the lawful purposes of such dissection have been accomplished.

Source: PenC 1877, §§ 353, 354; CL 1887, §§ 6554, 6555; RPenC 1903, §§ 358, 359; RC 1919, §§ 3872, 3873; SDC 1939, § 27.1301.
S.D. Codified Laws § 34-36-3 — SD Code / Title 34 / Chapter 36 / Section 34-36-3
Inspections by State Fire Marshal
Status: in_force

The State Fire Marshal may make inspections of the records and reports required of licensees and permittees and all buildings, areas, or vehicles where the manufacture, storage, transportation, or use of explosives is involved, in the interest of public safety.

Source: SL 1969, ch 229, § 1; SL 1991, ch 285, § 1; SL 2004, ch 17, § 222.
S.D. Codified Laws § 34-26-65 — SD Code / Title 34 / Chapter 26 / Section 34-26-65
Immunity
Status: in_force

(a) A person that acts in accordance with §§ 34-26-48 to 34-26-72 , inclusive, or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under §§ 34-26-48 to 34-26-72 , inclusive, a person may rely upon representations of an individual listed in § 34-26-56(a)(2), (3), (4), (5), (6), (7), or (8) relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

Source: SL 2007, ch 197, § 18.
S.D. Codified Laws § 34-29A-16 — SD Code / Title 34 / Chapter 29A / Section 34-29A-16
Program of boiler inspection established by department--Rules
Status: in_force

The Department of Public Safety shall establish a program of boiler inspection for safety and uniformity in the use of boilers. The secretary of public safety may adopt reasonable and necessary rules to protect the health or safety of persons from boiler explosions and like emergencies. Such rules shall be in conformity with the standards set forth by the American Society of Mechanical Engineers (ASME) "ASME Boiler and Pressure Vessel Code" and the National Board of Boiler and Pressure Vessel Inspectors "Inspection Code." Such rules may be adopted in the following areas:

(1) Public initiation procedure;

(2) Boiler manufacturers' and boiler owners' reporting requirements;

(3) Notification requirements for operation and removal;

(4) Controls and safety devices;

(5) Inspection and reports;

(6) Repair standards and notification of repair;

(7) Boiler placement.

The rules shall be promulgated in accordance with chapter 1-26 .

Source: SL 1973, ch 229, § 3 (1); SL 1982, ch 18, § 45; SL 1989, ch 300, § 2; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-18-27 — SD Code / Title 34 / Chapter 18 / Section 34-18-27
Summary suspension of license on discovery of hazardous condition
Status: in_force

The secretary of health, upon determining the existence of a hazardous condition that may immediately endanger human life or be seriously detrimental to public health may, subject to the requirements of § 1-26-29 , summarily suspend the license of any lodging establishment, campground, food service establishment, temporary food service establishment, or mobile food service establishment in this state. A license suspended on this basis shall remain suspended until such time as the establishment or campground is in compliance with the requirements of this chapter and the rules and regulations of the department.

Source: SL 1915, ch 215, § 24; RC 1919, § 7843; SL 1921, ch 256, § 7; SL 1935, ch 173, § 13; SDC 1939, § 27.1727; SL 1963, ch 158, § 13; SL 1970, ch 199, § 15; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-43-3 — SD Code / Title 34 / Chapter 43 / Section 34-43-3
Cause to issue warrant--Legislative or administrative standards satisfied or condition of nonconformity
Status: in_force

Cause shall exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, or premises.

Source: SL 1986, ch 290, § 3.
S.D. Codified Laws § 34-46-13 — SD Code / Title 34 / Chapter 46 / Section 34-46-13
Definition of terms used in §§34-46-13to34-46-19
Status: in_force

Terms used in this section and §§ 34-46-14 to 34-46-19 , inclusive, mean:

(1) "Enclosed area," any space between a floor and a ceiling that is enclosed, exclusive of doorways, on all sides by permanent or temporary walls or windows;

(2) "Place of employment," any enclosed area under the control of a public or private employer;

(3) "Public place," any enclosed area to which the public is invited or in which the public is permitted.

Source: SL 2009, ch 171, § 3, approved eff. Nov. 10, 2010.
S.D. Codified Laws § 34A-2A-1 — SD Code / Title 34A / Chapter 2A / Section 34A-2A-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Antipollution devices," any mechanical equipment used to reduce hazard to the environment in cases of malfunction or shutdown of chemigation equipment during chemigation and may include, but is not limited to, interlock, waterline check valve, chemical line closure device, vacuum relief device, and automatic low pressure drain;

(2) "Chemical," any fertilizer or pesticide;

(3) "Chemigation," any process whereby chemicals are added to irrigation water applied to land or crop or both through an irrigation system;

(4) "Fertilizer," any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients;

(5) "Irrigation system," any device or combination of devices having a hose, pipe, or other conduit which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied to land or crop or both. The term does not include any handheld hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source;

(6) "Pesticide," any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, or any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant;

(7) "Chief engineer," the officer employed by the Department of Agriculture and Natural Resources pursuant to § 46-2-3 .

Source: SL 1988, ch 286, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-2-78 — SD Code / Title 34A / Chapter 2 / Section 34A-2-78
Alternative remedies not barred by invoking penalties
Status: in_force

Any action pursuant to § 34A-2-75 or 34A-2-77 does not bar enforcement of the chapter, or of rules or orders issued pursuant to it by injunctive or other appropriate remedy.

Source: SL 1973, ch 280, § 14 (4); SDCL Supp, § 46-25-94; SL 1992, ch 158, § 31.
S.D. Codified Laws § 34A-8A-5 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-5
Acts or omissions constituting nuisances
Status: in_force

The following acts or omissions constitute nuisances:

(1) Engaging in practices which allow or cause a species of management concern to encroach upon the property of another or injure or endanger the property of another; or

(2) Failure to control the species of management concern thereby causing encroachment on the property of another or causing injury to or endangering the property of another.

Source: SL 2001, ch 191, § 5.
S.D. Codified Laws § 34A-6-103.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-103.1
Board of commissioners' meetings required before approval of solid waste facility--Applicant to provide information--Preliminary approval--Notice--Costs of notice
Status: in_force

The county may not grant approval for a municipal solid waste landfill, materials recovery facility, or incinerator under § 34A-6-103 unless at least two meetings of the county board of commissioners have been held to consider the question of county approval. The first meeting shall include an explanation of the state solid waste permitting process and the requirement for county approval pursuant to § 34A-6-103 . The county may, at the first meeting, issue a preliminary approval of the facility. If the county board of commissioners grants preliminary approval at the first meeting, a second meeting shall be held at least one hundred twenty days after the preliminary approval was granted. The county shall publish notice of the second meeting in the official newspapers of the county at least twice in each of the two consecutive thirty - day periods immediately preceding the second meeting. The county board of commissioners may grant official approval for purposes of § 34A-6-103 at the second meeting. At the first meeting, the applicant shall present the following information with respect to the proposed facility:

(1) Size and capacity;

(2) Location and legal description;

(3) Area to be served by the facility;

(4) Type of waste to be accepted;

(5) Types of state permits to be applied for;

(6) If applicable, the type of liner and leachate collection system;

(7) If the facility is to include an incinerator, the type and model of the incinerator;

(8) If the facility is for the disposal of ash, the method of disposal of the ash;

(9) Expected lifespan of the facility; and

(10) If the facility is a materials recovery facility, information about the type of materials recovery facility and whether the materials will be presorted or commingled.

The applicant shall reimburse the county for the cost to publish the notice required by this section.

Source: SL 1996, ch 220, §§ 2, 3.
S.D. Codified Laws § 34-34A-9.4 — SD Code / Title 34 / Chapter 34A / Section 34-34A-9.4
Prohibited acts
Status: in_force

No person may:

(1) Manufacture for sale, lease, sell, offer for sale or lease, introduce or deliver, or import into the State of South Dakota any home which is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard and does not comply with that standard;

(2) Fail or refuse to permit access to or copying of records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by § 34-34A-10.1 ;

(3) Fail to furnish notification of any defect as required by 42 U.S.C. § 5414;

(4) Fail to issue a certification required by 42 U.S.C. § 5415;

(5) Issue a certification to the effect that a manufactured home conforms to all applicable federal manufactured home construction and safety standards if the person, exercising due care, has reason to know that the certification is false or misleading in a material respect;

(6) Fail to establish and maintain records, to make reports or to provide information that the division may reasonably require to determine if there is compliance with this chapter and with the National Manufactured Housing Construction and Safety Standards Act of 1974; or fail to permit, upon request of a person authorized by the division, inspection of appropriate books, papers, records and documents to determine if a manufacturer, distributor or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; or

(7) Issue a certification pursuant to 42 U.S.C. § 5403(h) if that person knows that the certification is false or misleading in a material respect.

Source: SL 1982, ch 267, § 4; SL 1990, ch 278, § 11; SL 2020, ch 146, § 2.
S.D. Codified Laws § 34-31-5 — SD Code / Title 34 / Chapter 31 / Section 34-31-5
Validation of prior municipal contracts for fire protection
Status: in_force

All acts of municipalities of this state prior to March 9, 1961, contracting with other political subdivisions or with nonprofit fire protection corporations or associations for the furnishing of fire - fighting equipment and protection for the municipality are hereby validated.

Source: SL 1961, ch 244, § 2.
S.D. Codified Laws § 34-3-16 — SD Code / Title 34 / Chapter 3 / Section 34-3-16
Office of district health department--Supplies and personnel
Status: in_force

The district board of health shall designate the location of and shall provide the office for the district health department and shall furnish it with the necessary equipment, supplies, and personnel.

Source: SL 1953, ch 129, § 10; SDC Supp 1960, § 27.18A10.
S.D. Codified Laws § 34A-6-1.11 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.11
Financial assurance instrument--Condition for permit
Status: in_force

The board may require as a condition of any permit a financial assurance instrument in a form and an amount prescribed by rules promulgated pursuant to § 34A-6-1.6 or by the specific permit terms and conditions, sufficient to assure performance of the obligations imposed by this chapter and the other environmental laws of this state. The amount and form of the financial assurance instrument shall be specified in the permit.

The financial assurance instrument shall meet all requirements adopted by rule by the board, shall be in the name of and constitute an asset of the state, may not constitute an asset of the owner prior to release by the board, and may not be cancelled, revoked, disbursed, released, allowed to terminate, or subject to process of any kind by creditors except to the extent that the board has released the owner from operational performance, closure, post - closure, or monitoring responsibilities.

Source: SL 1989, ch 306, § 12; SL 1993, ch 256, § 28.
S.D. Codified Laws § 34-48A-29 — SD Code / Title 34 / Chapter 48A / Section 34-48A-29
Credits to fund--Expenditures from fund
Status: in_force

All collections, donations, bequests, or funds, received by way of gift, grant, or loan, for the purposes of emergency management shall be credited to the fund created by § 34-48A-28 and shall be expended therefrom in accordance with that section.

Source: SL 1955, ch 236, § 4; SDC Supp 1960, § 41.01C15; SL 1977, ch 271, § 25; SL 1993, ch 242, § 2; SDCL § 33-15-24 .
S.D. Codified Laws § 34A-11-12 — SD Code / Title 34A / Chapter 11 / Section 34A-11-12
Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation
Status: in_force

No hazardous waste treatment, storage, or disposal management facility may be owned, constructed, modified, or operated except in accordance with a permit issued by the Board of Minerals and Environment. A violation of this section is subject to a civil penalty not to exceed ten thousand dollars per day of violation, or for damages to the environment of this state, or both.

The board may issue, modify, suspend, revoke, or deny permits, in accordance with chapter 1-26 , for the ownership, construction, modification, and operation of hazardous waste treatment, storage, and disposal management facilities. Any permit granted by the board under this section is initially valid for two years from the date of issuance and may be renewed for periods of five years.

Source: SL 1983, ch 262, § 12; SL 1990, ch 289, § 1; SL 1992, ch 158, § 53.
S.D. Codified Laws § 34-24-38 — SD Code / Title 34 / Chapter 24 / Section 34-24-38
Prohibited medical interventions--Certain use of drugs or hormones temporarily permitted
Status: in_force

If, prior to July 1, 2023, a healthcare professional has initiated a course of treatment, for a minor, which includes the prescription or administration of any drug or hormone prohibited by § 34-24-34 , and if the healthcare professional determines and documents in the minor's medical record that immediately terminating the minor's use of the drug or hormone would cause harm to the minor, the healthcare professional may institute a period during which the minor's use of the drug or hormone is systematically reduced. That period may not extend beyond December 31, 2023.

Source: SL 2023, ch 127, § 6.
S.D. Codified Laws § 34-20H-4 — SD Code / Title 34 / Chapter 20H / Section 34-20H-4
Participating pharmacy––Requirements
Status: in_force

A participating pharmacy shall:

(1) Comply with all applicable federal and state laws regarding the storage and dispensing of any donated drugs and medical supplies;

(2) Accept a prescription transferred pursuant to rules promulgated in accordance with chapter 1-26 by the State Board of Pharmacy; and

(3) Agree to transfer any donated prescription drug or medical supply in the pharmacy’s inventory to another licensed pharmacy, for use by a person who meets the eligibility criteria in accordance with § 34-20H-7 .

Source: SL 2022, ch 137, § 4.
S.D. Codified Laws § 34-16-14 — SD Code / Title 34 / Chapter 16 / Section 34-16-14
County responsibility for dead animals in unorganized territory
Status: in_force

In any county not wholly organized into civil townships the superintendent of the county board of health shall perform all of the duties of the township supervisor within such unorganized territory in respect to dead, putrid, or decaying bodies of any animals, and all expenses incurred in connection with the burning or burial of such animals or the giving of notice shall be paid by the county, and the owner of such animal and the person in charge thereof shall become liable therefor to the county.

Source: SL 1903, ch 11, § 4; RC 1919, § 7687; SL 1925, ch 121, § 4; SDC 1939, § 27.2504.
S.D. Codified Laws § 34-26A-9.1 — SD Code / Title 34 / Chapter 26A / Section 34-26A-9.1
Delivery of decedent--Receipt--Contents--Unidentified remains not acceptable
Status: in_force

Whenever a decedent is delivered to a crematory for cremation, crematory personnel shall complete a receipt that includes:

(1) The name of the decedent;

(2) The name and employer of the person who delivered the decedent to the crematory;

(3) The date and time of the delivery;

(4) The name of the crematory employee who accepted the delivery; and

(5) Any funeral home or other entity involved in the disposition of the decedent's remains.

The receipt must be signed by the person who delivered the decedent to the crematory and by the employee who accepted the delivery on behalf of the crematory.

The crematory shall retain the receipt in accordance with the record retention provisions set forth in § 34-26A-25.1 .

A crematory may not accept unidentified human remains.

Source: SL 2023, ch 129, § 7.
S.D. Codified Laws § 34A-11-18 — SD Code / Title 34A / Chapter 11 / Section 34A-11-18
Hearing on violation--Time for request--Notice--Action by board
Status: in_force

The notice of violation and order is final thirty days after the order is served unless the person named submits a written request for hearing to the secretary of agriculture and natural resources before the thirtieth day. If a request is submitted by mail, it is considered to have been submitted on the date of mailing. The secretary shall notify the Board of Minerals and Environment of receipt of a request for a hearing. The board shall conduct a public hearing. Notice of the hearing consistent with § 1-26-17 shall be sent to the alleged violator and published in a newspaper of general circulation in the county where the violation is alleged to have occurred. The board may affirm, reverse, or modify the notice of violation or order following a contested case hearing.

Source: SL 1983, ch 262, § 18; SL 2005, ch 10, § 31; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-6-1.15 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.15
Amendment of permit--Procedure--Grounds
Status: in_force

The procedure to amend a permit may be initiated by an application filed by the owner of the facility or by a petition filed by the department or a member of the board specifying the requested modification and the reasons for it. A request for amendment shall be granted if it is demonstrated that the change is necessary to meet the requirements established by §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and is in the public interest or, in the case of a request by the permit holder, that the change will meet the requirements of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and is in the public interest.

Source: SL 1989, ch 306, § 16.
S.D. Codified Laws § 34A-6-85.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-85.1
Financial assistance for statewide cleanup of waste tires
Status: in_force

In addition to the financial assistance provided for under § 34A-6-85 , the Board of Water and Natural Resources shall expend an amount not to exceed two hundred fifty thousand dollars in fiscal years 1997 and 1998 from the fees collected pursuant to § 34A-6-83 in order to help defray the costs of a statewide cleanup of waste tires. These funds shall be used to clean up waste tires and waste tire piles that existed prior to July 1, 1998, until such time that the cleanup of those waste tires is completed. The board shall stipulate that any contractor awarded funds under this section shall use, to the maximum extent possible, prison laborers provided by the Department of Corrections. The Board of Water and Natural Resources shall promulgate rules pursuant to chapter 1-26 to specify eligibility criteria, application procedures, eligible uses of funds, and administration requirements for any financial assistance to be awarded pursuant to this section.

Source: SL 1996, ch 219, § 3.
S.D. Codified Laws § 34-12E-2 — SD Code / Title 34 / Chapter 12E / Section 34-12E-2
to 34-12E-7 Repealed
Status: repealed

34-12E-8 Disclosure of fees and charges upon request.

34-12E-9 Failure to comply--Disciplinary action.

34-12E-10 Repealed.

34-12E-11 Annual hospital report on charge information--Promulgation of rules.

34-12E-11.1 Repealed.

34-12E-12 Repealed.

34-12E-13 Repealed.

34-12E-14 Repealed.
S.D. Codified Laws § 34A-1-42 — SD Code / Title 34A / Chapter 1 / Section 34A-1-42
Report of inspection furnished to owner or operator
Status: in_force

If requested, the owner or operator of the premises inspected pursuant to § 34A-1-41 shall receive a report setting forth all the facts found which relate to compliance status.

Source: SL 1970, ch 203, § 8; SDCL Supp, § 34-16A-47.
S.D. Codified Laws § 34A-2-2 — SD Code / Title 34A / Chapter 2 / Section 34A-2-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the Water Management Board;

(2) "Disposal system," a system for disposing of wastes, either by surface or underground methods, and includes sewerage systems, treatment works, disposal wells, septic tanks, and other systems;

(3) "Person," the state or any agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, limited liability company, association, federal agency, or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation, or limited liability company;

(4) "Point source," any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged;

(5) "Pollutant," any dredged spoil, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, munitions, chemical waste, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, cellar dirt or any industrial, municipal or agricultural waste discharged into waters of the state. This term does not mean sewage from water craft; or water, gas or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the state after it is determined that such injection or disposal will not result in the degradation of ground or surface water resources;

(6) "Pollution," such contamination, or other alteration of the physical, chemical or biological properties, of any waters of the state as exceeds that permitted by state effluent or water quality standards, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life;

(7) "Publicly owned treatment works," any device or system used in a treatment, including recycling and reclamation, of municipal sewage or industrial waste of a liquid nature which is owned by a state or municipality. This term includes sewers, pipes or other conveyances only if they convey wastewater to a publicly owned treatment works providing treatment;

(8) "Secretary," the secretary of the Department of Agriculture and Natural Resources;

(9) "Sewerage system," pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances and facilities used for collecting or conducting wastes to an ultimate point for treatment disposal;

(10) "Treatment works," any plant or other works, used for the purpose of treating, stabilizing or holding wastes;

(11) "Wastes," sewage, industrial wastes, pollutants and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the state;

(12) "Waters of the state," all waters within the jurisdiction of this state, including all streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, situated wholly or partly within or bordering upon the state; and

(13) "Water standards," water quality standards adopted pursuant to §§ 34A-2-10 and 34A-2-11 or actual existing beneficial uses, whichever is higher, and effluent standards adopted pursuant to § 34A-2-13 or pursuant to the best professional judgment of the secretary, whichever is applicable.

Source: SL 1973, ch 280, § 2; SDCL Supp, § 46-25-24; SL 1984, ch 243, § 1; SL 1988, ch 285, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 67; SL 2011, ch 165, § 34; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-29B-7 — SD Code / Title 34 / Chapter 29B / Section 34-29B-7
Impersonating official as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to use an official badge, uniform, or other credentials to impersonate a fire official for the purpose of gaining access to any building, structure, vessel, vehicle, or premises in a jurisdiction.

Source: SL 1991, ch 283, § 7.
S.D. Codified Laws § 34-25-18.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-18.1
Determination of death
Status: in_force

Any individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.

Source: SL 1990, ch 273.
S.D. Codified Laws § 34-25-32.15 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.15
Certificate may be requested without regard to filing date of fetal death report
Status: in_force

Any parent may request the Department of Health to issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death report was filed.

Source: SL 2007, ch 195, § 8.
S.D. Codified Laws § 34-49-12 — SD Code / Title 34 / Chapter 49 / Section 34-49-12
Civil penalties for false certification by manufacturer
Status: in_force

In addition to any penalty prescribed by law, any manufacturer that knowingly makes a false certification pursuant to § 34-49-8 is subject to a civil penalty by the state fire marshal of at least seventy-five thousand dollars and not to exceed two hundred and fifty thousand dollars for each false certification.

Source: SL 2009, ch 172, § 12, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-20A-44.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-44.1
Access to public and private prevention and treatment facilities and records
Status: in_force

The department retains the right of access to all facility premises and relevant records to monitor compliance or investigate complaints brought against an accredited prevention or treatment facility that is not required to be inspected by the department under § 34-20A-44 .

Source: SL 1985, ch 278, § 56; SL 1989, ch 292, § 5; SL 1999, ch 173, § 3; SL 2009, ch 166, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2011, ch 159, § 3; SL 2016, ch 15, § 15; SL 2023, ch 94, § 11.
S.D. Codified Laws § 34-48A-24 — SD Code / Title 34 / Chapter 48A / Section 34-48A-24
Scope of immunity extends to employers and other responsible parties
Status: in_force

The immunity granted by § 34-48A-23 shall extend to the employer of the person rendering such assistance, and to any other person, employer, partnership, or corporation legally responsible for the acts or omissions of such individual.

Source: SL 1980, ch 235, § 2; SDCL § 33-15-18.2 .
S.D. Codified Laws § 34A-2-101 — SD Code / Title 34A / Chapter 2 / Section 34A-2-101
Promulgation of rules--Public health and water protection--Violation
Status: in_force

The board shall promulgate rules, pursuant to chapter 1-26 , to develop procedures necessary to safeguard the public health and welfare and prevent pollution of the waters of the state from the leakage, spillage, release, or discharge of regulated substances from above ground stationary storage tanks. These rules must be exercised in substantial conformity with the codes and standards recommended by the National Fire Protection Association, as contained in NFPA30, Flammable and Combustible Liquids Code (January 1, 2024), and NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages (January 1, 2024). The rules must provide:

(1) Requirements for maintaining a leak detection system, an inventory system, or a comparable system or method designed to identify releases in a manner consistent with the protection of human health and the environment;

(2) Requirements for maintaining records of any monitoring or leak detection system or inventory control system;

(3) Requirements for the reporting of any releases and corrective action taken in response to a release from any above ground stationary storage tank;

(4) Requirements for taking corrective action in response to a release from any above ground stationary storage tank;

(5) Requirements for the closure of tanks to prevent future releases of regulated substances to the environment;

(6) Requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating any above ground stationary storage tank;

(7) Standards of performance, including design, construction, installation, and compatibility standards for new above ground stationary storage tanks;

(8) Requirements for notifying the department or local designated agency of the existence of any operational or nonoperational above ground stationary storage tank; and

(9) Requirements for providing tank information required on the form provided by the department.

A violation of these rules is subject to § 34A-2-75 .

Source: SL 1987, ch 258, § 2; SL 1992, ch 158, § 32; SL 2011, ch 165, § 63; SL 2024, ch 145, § 5.
S.D. Codified Laws § 34A-12-16 — SD Code / Title 34A / Chapter 12 / Section 34A-12-16
Determination of person responsible for discharge
Status: in_force

If the department has determined that a discharge has occurred, the department shall conduct an investigation to determine the responsible person. The investigation may include a title search of the affected property and shall attempt to designate as the responsible person the person deemed to be the most responsible for the occurrence of the discharge. If the identity of the person who caused the discharge can be determined, that person shall be designated as the responsible person. If the identity of the person who caused the discharge cannot be determined, the owner of the property or operator of the tank at the time of the discharge shall be designated as the responsible person. If the person deemed responsible for the discharge contests the department's decision, a title search of the affected property shall be done.

Source: SL 1989, ch 309, § 1; SL 1990, ch 290, § 1.
S.D. Codified Laws § 34A-16-3 — SD Code / Title 34A / Chapter 16 / Section 34A-16-3
Governing body--Composition--Terms--Vacancy
Status: in_force

The governing body of the regional recycling and waste management district shall consist of commissioners elected or appointed as specified in the proposed articles of incorporation. The commissioners of the regional recycling and waste management district shall be composed solely of elected officials from the local governments that are included in the district. There shall be at least one commissioner from each county or fraction thereof. The names of the initial board of commissioners shall be designated in the articles of incorporation. The initial commissioners' terms shall be at least one year, and shall end on December thirty - first of the year during which a general election is held. The articles of incorporation may provide for the appointment of additional commissioners to represent areas that may be added to the district pursuant to § 34A-16-9 . The addition of any new municipality or county may not be deemed an amendment to the articles of incorporation of the district. The total number of commissioners in a district shall be established in the articles of incorporation. The terms of commissioners who are first elected shall be: at least one - half but no more than sixty percent of the commissioners for terms of four years, and the remainder of the commissioners for terms of two years. Except for the commissioners first elected or appointed, all commissioners shall be elected or appointed for terms of four years each. However, if a vacancy occurs other than by expiration of a term, the district board shall fill the unexpired term by appointment. Each commissioner shall hold office until his successor has been elected or appointed and has qualified.

Source: SL 1993, ch 259, § 3.
S.D. Codified Laws § 34-29A-28 — SD Code / Title 34 / Chapter 29A / Section 34-29A-28
Persons authorized to make inspections
Status: in_force

The inspections required in this chapter shall be made by the chief inspector, by a deputy inspector, or by a special inspector provided for in this chapter.

Source: SL 1973, ch 229, § 14.
S.D. Codified Laws § 34-21C-2 — SD Code / Title 34 / Chapter 21C / Section 34-21C-2
Regulation of radioactive materials below regulatory concern
Status: in_force

Notwithstanding any declaration by the United States government that certain radioactive materials, wastes, sites, and practices may be exempt from regulatory control or below regulatory concern, no radioactive materials may be recycled, stored, incinerated, treated, used, or released for unrestricted use, or disposed of in this state except at a facility approved by the Board of Minerals and Environment expressly for the recycling, storage, incineration, treatment, use, or disposal respectively of radioactive materials.

Source: SL 1993, ch 248, § 2.
S.D. Codified Laws § 34A-12-1 — SD Code / Title 34A / Chapter 12 / Section 34A-12-1
Definition of terms
Status: in_force

Terms used in §§ 23A-27-25 , 34A-1-39 , 34A-12-1 to 34A-12-1 5, inclusive, 38-20A-9 , 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 mean:

(1) "Corrective action," any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge, including any necessary emergency remedial action;

(2) "Corrective action cost," any cost incurred by the department in the investigation of a discharge; removal, attempted removal, emergency remedial efforts, and corrective actions performed on a discharge; or the performance of reasonable measures undertaken to prevent or mitigate damage to the public health, safety, welfare, or environment of the state;

(3) "Department," the Department of Agriculture and Natural Resources;

(4) "Discharge," an intentional or unintentional act or omission which results in the release, spill, leak, emission, escape, or disposal of a regulated substance into the environment and which harms or threatens harm to public health or safety or the environment. The term excludes any discharge made in compliance with the conditions of a federal or state permit;

(5) "Emergency remedial effort," any action taken to protect the public health, safety, or the environment from imminent danger resulting from a discharge, and any action taken to contain a discharge which, if not contained, will in time pose a greater threat to the public health, safety, or the environment than if such action is not immediately taken;

(6) "Environment," land, including public and private property, surface and underground waters, fish, wildlife, biota, air, and other such resources within the state;

(7) "Person," public or private corporations, companies, associations, societies, firms, limited liability companies, partnerships, cooperatives, joint stock companies, individuals, the United States, this state and any of its political subdivisions and agencies, and any other state;

(8) "Regulated substance," the compounds designated by the department under §§ 23A-27-25 , 34A-1-39 , 34A-6-1.3 (17), 34A-11-9 , 34A-12-1 to 34A-12-1 5, inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 , including pesticides and fertilizers regulated by the Department of Agriculture and Natural Resources; the hazardous substances designated by the Federal Environmental Protection Agency pursuant to section 311 of the Federal Water Pollution Control Act and Clean Water Act (33 United States Code sections 1251 to 1387, inclusive), as amended to January 1, 2011; the toxic pollutants designated by Congress or the Federal Environmental Protection Agency pursuant to section 307 of the Toxic Substances Control Act (15 United States Code sections 2601 to 2671, inclusive), as amended to January 1, 2011; the hazardous substances designated by the Federal Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (42 United States code sections 9601 to 9675, inclusive), as amended to January 1, 2011; and petroleum, petroleum substances, oil, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils, substances, or additives to be utilized in the refining or blending of crude petroleum or petroleum stock, and any other oil or petroleum substance. This term does not include sewage and sewage sludge;

(9) "Response fund," the regulated substance response fund established by § 34A-12-3 ;

(10) "Responsible person," a person who has caused a discharge of a regulated substance, or a person who is an owner or operator of a tank at any time during or after a discharge;

(11) "Secretary," the secretary of the Department of Agriculture and Natural Resources;

(12) "Tank," any one or a combination of containers, vessels, and enclosures, including structures and appurtenances connected to them, that is, or has been, used to contain or dispense a regulated substance which is either stationary or attached to a motor vehicle. This includes pipeline facilities which transport and store regulated substances. Facilities used exclusively for natural gas and liquified natural gas storage and transport are not included as part of §§ 23A-27-25 , 34A-1-39 , 34A-12-1 to 34A-12-1 5, inclusive, 45-6B-70 , 45-6C-45 , 45-6D-60 , and 45-9-68 .

Source: SL 1988, ch 291, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 72; SL 1995, ch 120, § 2; SL 2011, ch 165, § 152; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 51, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-23A-69 — SD Code / Title 34 / Chapter 23A / Section 34-23A-69
Abortion of unborn child capable of feeling pain prohibited--Felony--Exceptions
Status: in_force

It is a Class 6 felony to intentionally or recklessly perform, or attempt to perform, an abortion of an unborn child capable of feeling pain unless it is a medical emergency. No penalty may be assessed against the woman upon whom the abortion is performed, or attempted to be performed.

Source: SL 2016, ch 180, § 3; SL 2017, ch 161, § 1.
S.D. Codified Laws § 34-32A-4 — SD Code / Title 34 / Chapter 32A / Section 34-32A-4
Exchange of information between governmental agencies
Status: in_force

The authorized agency provided with information pursuant to §§ 34-32A-2 and 34-32A-3 and in furtherance of its own purposes, may release or provide such information to any other authorized agency.

Source: SL 1979, ch 240, § 4.
S.D. Codified Laws § 34A-3A-19 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-19
State administration of the public water system supervision program--Fee
Status: in_force

In order to safeguard the public health, safety, and welfare of this state through a customer service approach, the state shall retain administration of the public water system supervision program as provided in the Federal Safe Drinking Water Act as amended to January 1, 2011. In order to meet the increasing delegation requirements the result of the 1986 amendments to the Federal Safe Drinking Water Act, a fee shall be imposed upon the users of drinking water facilities as provided in § 34A-3A-20 to defray the costs to the state of administering the program.

Source: SL 1992, ch 254, § 67; SL 2011, ch 165, § 81.
S.D. Codified Laws § 34A-2-43 — SD Code / Title 34A / Chapter 2 / Section 34A-2-43
Discharges which may not be authorized by permit
Status: in_force

No permit may be issued authorizing any of the following discharges:

(1) The discharge of any radiological, chemical, or biological warfare agent or high level radioactive waste;

(2) Any discharge which the secretary of the army, acting through the chief of engineers, finds would substantially impair anchorage and navigation of any waters of the United States;

(3) Any discharge to which the administrator of the Environmental Protection Agency has objected, pursuant to any right provided to the administrator under the Federal Water Pollution Control Act, as amended to January 1, 2011;

(4) Any discharge which is in conflict with an areawide waste treatment management plan, approved under the Federal Water Pollution Control Act, as amended to January 1, 2011.

Source: SL 1973, ch 280, § 9 (4); SDCL Supp, § 46-25-59; SL 2011, ch 165, § 45.
S.D. Codified Laws § 34-25-33 — SD Code / Title 34 / Chapter 25 / Section 34-25-33
Burial or removal permit filed by funeral director after final disposition
Status: in_force

The funeral director or person acting as such shall, within ten days after final disposition, file or transmit the original burial or removal permit to the local registrar of the district in which final disposition was made.

Source: SDC 1939, § 27.0210 as added by SL 1941, ch 124, § 2; SL 1972, ch 194, § 29.
S.D. Codified Laws § 34A-6-1.35 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.35
Functions of department--Delegation of duties and authority--Power to accept and administer grants and loans
Status: in_force

The department shall perform all the functions with respect to the control of solid waste disposal as provided for by §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, except that the Board of Minerals and Environment shall perform any quasi - legislative, quasi - judicial, advisory, and special budgetary functions as defined in § 1-32-1 . The secretary may delegate to officers and employees of the department such functions, duties, and authority as are reasonable and proper in carrying out the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive.

The department may advise, consult, and cooperate with other agencies and instrumentalities of the state, other states, and the federal government and with affected groups and industries in the formulation of plans and the implementation of solid waste disposal programs.

In addition to any other powers conferred on it by law, the department may accept and administer such loans and grants from the federal government and from other sources as may be available to the department for the planning, construction, and operation of solid waste disposal sites and facilities.

Source: SL 1989, ch 306, § 35.
S.D. Codified Laws § 34-12B-6 — SD Code / Title 34 / Chapter 12B / Section 34-12B-6
Violation as ground for suspension or revocation of license
Status: in_force

Any violation of this chapter is grounds for the suspension or revocation of the license of a pharmacy, pharmacist, nursing facility, or nursing facility administrator by the appropriate licensing board or commission.

Source: SL 1975, ch 225, § 7; SL 1977, ch 190, § 20.
S.D. Codified Laws § 34A-9-4.2 — SD Code / Title 34A / Chapter 9 / Section 34A-9-4.2
Continuous appropriation of environmental impact statement file
Status: in_force

Any environmental impact statement fee paid pursuant to the provisions of § 34A-9-4 is appropriated continuously to the agency assessing the fee to be expended for the purposes of § 34A-9-4 .

Source: SL 1992, ch 313, § 11.
S.D. Codified Laws § 34-20A-100 — SD Code / Title 34 / Chapter 20A / Section 34-20A-100
First responder defined
Status: in_force

For the purposes of §§ 34-20A-98 to 34-20A-103 , inclusive, "first responder" means:

(1) A law enforcement officer as defined by § 22-1-2 ;

(2) An individual responding to an emergency call as part of an ambulance service licensed pursuant to chapter 34-11 ; or

(3) A firefighter.

Source: SL 2015, ch 179, § 3; SL 2025, ch 128, § 4.
S.D. Codified Laws § 34-48A-10 — SD Code / Title 34 / Chapter 48A / Section 34-48A-10
Special permits for emergency movement of persons and property in lieu of other permits
Status: in_force

The Governor may, by executive order, provide for the issuance of special permits for the movement of persons, commodities, and equipment in the event of disaster or impending disaster from any cause to the extent that the civilian or livestock population, or any part thereof, will be deprived of necessary, and essential food, fuel, supplies, and equipment. The special permits herein provided shall be issued without fee and shall be in lieu of compensation for the unusual use of the highways and in lieu of those permits required by §§ 10-47A-65 and 32-22-38 .

Source: SDCL § 33-15-9 as enacted by SL 1977, ch 272, § 1; SL 1989, ch 117, §§ 65, 76; SDCL § 33-15-9.1 .
S.D. Codified Laws § 34-38-33 — SD Code / Title 34 / Chapter 38 / Section 34-38-33
Tank piping system in contact with soil--Protection from corrosion
Status: in_force

Any portion of a tank piping system that is in contact with the soil shall be protected from corrosion in accordance with chapter 57 of the International Fire Code, 2015 edition.

Source: SL 1991, ch 269, § 11; SL 2008, ch 175, § 1; SL 2010, ch 177, § 5; SL 2016, ch 181, § 5.
S.D. Codified Laws § 34-11-7 — SD Code / Title 34 / Chapter 11 / Section 34-11-7
Trip records--Required submission--Content--Promulgation of rules
Status: in_force

Each ambulance service shall provide electronic trip records to the department, at the time and in the manner directed by the department. The department shall set forth the required content for these records in rules promulgated in accordance with chapter 1-26 . The content must be statistical in nature and may not include any information that is confidential, as referenced in § 34-11-5.1 .

Source: SL 1974, ch 239, § 4 (1); SL 1992, ch 240, § 5; SL 2024, ch 126, § 9.
S.D. Codified Laws § 34-31A-19 — SD Code / Title 34 / Chapter 31A / Section 34-31A-19
State system of rural fire protection routings
Status: in_force

The Department of Public Safety, with the advice and cooperation of the South Dakota Firemen's Association may establish a system of rural routings which shall be as uniform as is practicable throughout the state, for the purpose of aiding rural fire - fighting equipment and other emergency vehicles in locating and arriving quickly at the scene of a fire or other emergency within any area which they might logically be called upon to serve.

Source: SL 1971, ch 208, § 16; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-20B-24 — SD Code / Title 34 / Chapter 20B / Section 34-20B-24
Criteria for inclusion of substances in Schedule IV
Status: in_force

To be included within Schedule IV, a substance shall have:

(1) A low potential for abuse relative to the substances listed in Schedule III;

(2) Currently accepted medical use in the United States; and

(3) Limited physical dependence or psychological dependence liability or potential, or both, relative to the substances listed in Schedule III.

Source: SL 1970, ch 229, § 8 (d); SDCL Supp, § 39-17-67; SL 1976, ch 158, § 42-16.
S.D. Codified Laws § 34-20G-5.2 — SD Code / Title 34 / Chapter 20G / Section 34-20G-5.2
Certification--Notification to primary or referring practitioner
Status: in_force

If a practitioner issues a written certification under this chapter, and if the practitioner is neither the patient's primary care provider nor a specialty provider caring for the patient's debilitating medical condition, the practitioner shall, upon issuing the certification, provide electronic notification of the issuance:

(1) To the patient's primary care provider; or

(2) To the referring practitioner, if that individual is caring for the patient's debilitating medical condition.

The patient's primary care provider or the referring practitioner shall include any notification received in accordance with this section in the patient's medical file.

Source: SL 2024, ch 133, § 1.
S.D. Codified Laws § 34A-2-36.1 — SD Code / Title 34A / Chapter 2 / Section 34A-2-36.1
Permit to discharge waste into underground waters--Issuance--Maximum duration--Standards to be met--Violation
Status: in_force

The secretary may, after notice and opportunity for public hearing, issue a permit for the discharge of any waste, pollutant, or combination of pollutants into underground waters, for a period not to exceed five years, upon condition that such discharge meets or will meet all applicable state and federal water quality standards and all other requirements of this chapter. A violation of a condition of a permit issued pursuant to this section is subject to § 34A-2-75 .

Source: SL 1988, ch 285, § 7A; SL 1992, ch 158, § 25A.
S.D. Codified Laws § 34-37-10.3 — SD Code / Title 34 / Chapter 37 / Section 34-37-10.3
"No smoking" signs where fireworks sold--Smoking within fifty feet of location as misdemeanor
Status: in_force

At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN FIFTY FEET." A person is guilty of a Class 1 misdemeanor if the person smokes within fifty feet of a location under this section.

Source: SL 1971, ch 207, § 4; SL 2019, ch 154, § 11, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-23A-86 — SD Code / Title 34 / Chapter 23A / Section 34-23A-86
Legislative finding regarding pregnant mother's appreciation and understanding of disclosures required by subsections34-23A-10.1(1)(b), (c) and (d)
Status: in_force

The Legislature finds and reaffirms that it is essential to the ability of a pregnant mother to make a truly informed and voluntary consent to an abortion, and essential to the legal protection of her constitutional rights to maintain her relationship with her child, and that she have a full appreciation and understanding of the disclosures required by subsections 34-23A-10.1 (1)(b), (c) and (d).

Source: SL 2018, ch 205, § 13.
S.D. Codified Laws § 34-12-39.2 — SD Code / Title 34 / Chapter 12 / Section 34-12-39.2
New nursing facilities--Limitations--Requirements
Status: in_force

No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and has met at least one of the following requirements to:

(1) Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;

(2) Comply with state licensure standards;

(3) Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;

(4) Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions;

(5) Improve physical conditions which are related to operational or functional deficiencies; or

(6) Consolidate, merge, or join another health care or long-term service provider.

The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility.

Source: SL 2005, ch 180, § 2; SL 2019, ch 143, § 2; SL 2020, ch 141, § 1.
S.D. Codified Laws § 34-20B-37 — SD Code / Title 34 / Chapter 20B / Section 34-20B-37
Practitioners registered to dispense Schedule II, III, and IV substances
Status: in_force

Practitioners shall be registered to dispense substances in Schedules II through IV if they are authorized to dispense under the law of this state.

Source: SL 1970, ch 229, § 9 (h); SDCL Supp, § 39-17-80.
S.D. Codified Laws § 34A-1-61 — SD Code / Title 34A / Chapter 1 / Section 34A-1-61
Permit revocation, modification, or suspension--Fees
Status: in_force

Any permit issued pursuant to this chapter may be revoked, modified, or suspended, in whole or in part, during its term for cause, including the following:

(1) Violation of any condition of the permit;

(2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or

(3) Change in any condition that requires either a temporary or permanent reduction or elimination of the permitted emissions.

Source: SL 1992, ch 254, § 93.
S.D. Codified Laws § 34-48A-14 — SD Code / Title 34 / Chapter 48A / Section 34-48A-14
Municipalities to provide contact list of certain public employees to Division of Emergency Management
Status: in_force

In addition to the information required in § 34-48A-13 , each municipal governing body shall provide to the Department of Public Safety, Division of Emergency Management contact information for the municipal employees responsible for the following functions if the municipality employs a person in such a capacity:

(1) City administrator or city manager;

(2) Building inspection;

(3) Engineering;

(4) Electrical;

(5) Fire;

(6) Police and law enforcement;

(7) Public works;

(8) Streets and highways;

(9) Sewer and waste water;

(10) Water;

(11) Telephone;

(12) Utilities;

(13) Emergency services or civil defense;

(14) Coroner; and

(15) 911 coordinator.

Source: SL 2002, ch 163, § 2; SL 2004, ch 17, § 190; SDCL § 33-15-11.2 .
S.D. Codified Laws § 34-21-22 — SD Code / Title 34 / Chapter 21 / Section 34-21-22
Notice to secretary of extension or alteration of program by registrant or licensee--Failure to notify as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person registered or licensed with the agency pursuant to § 34-21-20 to modify, extend, or alter programs involving the production of radiation or the production, use, storage, or disposal of radioactive materials unless he notifies the secretary in accordance with procedures prescribed by the secretary.

Source: SL 1957, ch 122, § 5; SDC Supp 1960, § 27.17A05; SL 1967, ch 107, § 3; SL 1977, ch 190, § 54.
S.D. Codified Laws § 34-29A-14.1 — SD Code / Title 34 / Chapter 29A / Section 34-29A-14.1
Rules and regulations for inspection of historic power boilers
Status: in_force

The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26 , to provide for the inspection of those historic power boilers otherwise exempt from the provisions of this chapter by § 34-29A-14 . The rules shall provide for the inspection of such boilers and for a check of the boiler's safety devices. The rules shall also establish an inspection fee for a historic power boiler inspection. The rules may provide for reporting requirements, inspection reports, repair standards, notification of repair and other administrative procedures necessary to implement this section. The operation of a historic power boiler without complying with the rules promulgated pursuant to this section, by the owner, user or operator of the boiler is a Class 2 misdemeanor. Each day of operation in violation of this section is a separate offense.

Source: SL 1989, ch 300, § 5; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-20G-43 — SD Code / Title 34 / Chapter 20G / Section 34-20G-43
Expiration of registry identification card
Status: in_force

The registry identification card of a qualifying patient and designated caregiver, if any, expires on the date noted by the practitioner in the qualifying patient's written certification, not to exceed one year after the date of issue.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 118, § 2.
S.D. Codified Laws § 34-20G-28.1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-28.1
Required notice--Federal firearms law
Status: in_force

Each application for a registry identification card and each application for a card renewal must include a notice that:

(1) The Gun Control Act of 1968, 18 U.S.C. § 922 (January 1, 2024), prohibits any person who is an unlawful user of or addicted to any controlled substance, as defined by the Controlled Substances Act of 1970, 21 U.S.C. § 801, et seq., (January 1, 2024), from shipping, transporting, receiving, or possessing a firearm or ammunition;

(2) Until marijuana is legalized under federal law, an individual who is a current user of marijuana is, under federal law, an unlawful user of a controlled substance; and

(3) Federal law does not exempt the use of marijuana for medicinal purposes.

Source: SL 2024, ch 136, § 1.
S.D. Codified Laws § 34A-2-117 — SD Code / Title 34A / Chapter 2 / Section 34A-2-117
Annual fee on facilities permitted under the national pollutant discharge elimination system
Status: in_force

There is hereby imposed an annual fee on each facility permitted under the national pollutant discharge elimination system program provisions of section 402 of the Federal Water Pollution Control Act, 33 U.S. C. 1342, as amended to January 1, 2018. The fee shall be assessed as provided in §§ 34A-2-118 to 34A-2-120 , inclusive.

Source: SL 1992, ch 254, § 55; SL 2011, ch 165, § 67; SL 2018, ch 212, § 1.
S.D. Codified Laws § 34-20B-28.5 — SD Code / Title 34 / Chapter 20B / Section 34-20B-28.5
Contraband--Seizure and forfeiture
Status: in_force

All legend drugs in solid dosage form that are possessed, distributed, sold, or offered for sale in violation of the provisions of §§ 34-20B-28.1 to 34-20B-28.6 , inclusive, shall be deemed contraband and shall be seized by the Board of Pharmacy and summarily forfeited to the state.

Source: SL 1980, ch 241, § 5.
S.D. Codified Laws § 34A-16-32 — SD Code / Title 34A / Chapter 16 / Section 34A-16-32
Designation and reviewing authority defined
Status: in_force

For purposes of this chapter, the term "designation" means a requirement by a regional recycling and waste management district that all or any portion of the solid waste that is generated within its boundaries or any service area of the district be delivered to a processing or disposal facility identified by the district.

For purposes of this chapter, the term "reviewing authority" means the Board of Minerals and Environment.

Source: SL 1993, ch 259, § 34.
S.D. Codified Laws § 34A-5-21 — SD Code / Title 34A / Chapter 5 / Section 34A-5-21
Nomination petitions for district trustee
Status: in_force

Any trustee to be elected at the initial election shall be nominated by any person in attendance at the meeting at which the organizational election is held. Any trustee to be elected at a subsequent election shall be nominated by filing with the district clerk, not more than forty nor less than twenty days before any subsequent election, a nomination petition for office of trustee. The petition shall be in writing and shall contain the candidate's name, residence, business address, and the office for which the candidate is named. The petition shall be signed by at least twenty-five qualified voters or five percent of the qualified voters, whichever is less.

Source: SL 1947, ch 226, § 13; SDC Supp 1960, § 45.3813; SL 1964, ch 144, § 6; SDCL § 34-17-18; SL 1970, ch 198; SL 1983, ch 261; SL 1988, ch 288, § 1; SL 1994, ch 281, § 2; SL 1998, ch 36, § 50; SL 2015, ch 191, § 1.
S.D. Codified Laws § 34-20A-101 — SD Code / Title 34 / Chapter 20A / Section 34-20A-101
Training of first responders
Status: in_force

Each first responder authorized to administer an opioid antagonist shall be trained in the symptoms of an opiate overdose; the protocols and procedures for administration of an opioid antagonist; the symptoms of adverse responses to an opioid antagonist, and protocols and procedures to stabilize the patient if an adverse response occurs; and the procedures for storage, transport, and security of the opioid antagonist. The training shall comply with the criteria established pursuant to § 34-20A-102 , and may be provided by the employer of first responders at the employer's discretion.

Source: SL 2015, ch 179, § 4.
S.D. Codified Laws § 34A-2-107 — SD Code / Title 34A / Chapter 2 / Section 34A-2-107
Standards used in prioritizing groundwater prevention efforts--Other factors for consideration
Status: in_force

The secretary shall use the groundwater quality standards promulgated pursuant to §§ 34A-2-10 and 34A-2-11 in prioritizing the groundwater prevention and protection efforts for the state. Other factors that may be considered by the secretary include, but are not limited to, beneficial uses of water, the extent to which a groundwater source supplies or might feasibly supply public water systems or wellhead protection areas established pursuant to § 34A-3A-17 , the degree of hazard to public health and welfare, the dependence of local citizens upon groundwater supplies, and the vulnerability of groundwater supplies to contamination.

Source: SL 1989, ch 306, § 45.
S.D. Codified Laws § 34A-2-119.1 — SD Code / Title 34A / Chapter 2 / Section 34A-2-119.1
Annual stormwater fees on construction and industrial sites
Status: in_force

There is hereby imposed an annual stormwater fee on each construction and industrial site that is required to operate under a general water pollution control permit issued under chapter 34A-2 . The annual fee imposed in § 34A-2-117 is as follows:

(1) The fee payable by the Department of Transportation is twenty-five thousand dollars per year. The fee accrues on August first of each year and is due on August thirty-first;

(2) The fee for a construction site that is required to operate under a general water pollution control permit for stormwater discharges associated with construction activities as defined under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2 , other than any site owned by the Department of Transportation, is based on the number of acres disturbed for the entire construction project and the fee table below:

Disturbed Area (Acres)

Fee ($)

Less than 5

100

5 to less than 40

250

40 to less than 80

500

80 or more

750

The fee is payable by the owner of the site. For any construction site permitted before July 1, 2018, the first annual stormwater fee payment is due on January 31, 2019. Any future annual fee accrues on January first of each year and is due on January thirty-first until the permit coverage is terminated. For any construction site permitted after June 30, 2018, the first annual stormwater fee payment is due when the owner submits the notice of intent to be covered under the general permit for stormwater discharges associated with construction activity. For any permit that continues beyond one year, the annual stormwater fee accrues on the anniversary of the notice of intent submission and is due thirty days later; and

(3) The secretary may promulgate rules, pursuant to chapter 1-26 , to establish an annual tiered fee for each industrial site that is required to operate under a general water pollution control permit for stormwater discharges associated with industrial activities as defined under 40 CFR Part 126 as amended to January 1, 2018, and issued under chapter 34A-2 . The tiered fee structure shall equitably assess an annual fee to cover the reasonable costs of developing and administering the stormwater permitting requirements for industrial activities that include:

(a) Preparing regulations and general stormwater permits for applicable industrial activities;

(b) Reviewing and acting on applications for an industrial stormwater permit or permit revision;

(c) Implementing the industrial stormwater permits and inspecting permitted facilities, to include enforcing the terms and conditions of the permits if needed; and

(d) Providing training, technical support, and customer services to permitted entities to include developing on-line functions.

The annual fee is in addition to any other fee or tax levied by law. The fee imposed by this section shall be remitted to the state along with any form as may be prescribed by the state. The fees shall be deposited in the surface water discharge and pretreatment permit administrative subfund established in § 34A-2-121 .

Source: SL 2018, ch 212, § 3.
S.D. Codified Laws § 34-20G-24 — SD Code / Title 34 / Chapter 20G / Section 34-20G-24
Cannabis at workplace--Drug-free policy permitted--Safe harbor
Status: in_force

No employer is required to allow the ingestion, possession, transfer, display, or transportation of cannabis in any workplace or to allow any employee to work while under the influence of cannabis.

No employer is prohibited from establishing and enforcing a drug-free workplace policy, which may include a drug testing program that complies with state and federal law, or acting with respect to an applicant or employee under the policy.

No cause of action is created for employment discrimination or wrongful termination arising from an employer's enforcement of a drug-free workplace policy in compliance with this chapter.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 116, § 3; SL 2024, ch 135, § 2.
S.D. Codified Laws § 34-21C-3 — SD Code / Title 34 / Chapter 21C / Section 34-21C-3
Applications unaffected
Status: in_force

The provisions of this chapter do not apply to radioactive materials used in the provision of diagnostic and therapeutic services to humans, biomedical research radioactive materials used in South Dakota higher education institutions for instructional and research activities that are licensed by the United States Nuclear Regulatory Commission.

Source: SL 1993, ch 248, § 4.
S.D. Codified Laws § 34-10-3 — SD Code / Title 34 / Chapter 10 / Section 34-10-3
Election on district establishment and for trustees--Election officials and precincts
Status: in_force

The board of county commissioners at the next regular, adjourned, or special session shall canvass the petition or petitions and if signed by the requisite number of resident electors, it shall order an election to be held in all voting precincts in the proposed district not less than forty nor more than sixty days from the date of such order, upon the question of the creation of the district and, subject to the creation thereof, for the election of seven trustees of such proposed district. It shall appoint from the resident electors of each voting precinct as established for the purpose of the last general election, and included within the boundaries of said proposed district, three judges and two clerks of election for each said voting precinct. If only a portion of a precinct as established under the general election laws is included in said district, the board shall have authority in its order calling said election to attach said territory to an adjacent precinct for the purpose of such election or to establish said area as a new precinct.

Source: SL 1959, ch 135, § 3; SDC Supp 1960, § 27.19B03.
S.D. Codified Laws § 34A-6-104 — SD Code / Title 34A / Chapter 6 / Section 34A-6-104
Promulgation of certain rules in state solid waste programs
Status: in_force

The board may promulgate rules pursuant to chapter 1-26 , in order to implement the provisions of 40 CFR parts 257 and 258 as amended to January 1, 1993, in a state solid waste program approved by the United States Environmental Protection Agency.

Source: SL 1993, ch 257, § 9.
S.D. Codified Laws § 34-14-28 — SD Code / Title 34 / Chapter 14 / Section 34-14-28
Scientific research not restricted if not prohibited
Status: in_force

Nothing in §§ 34-14-26 to 34-14-28 , inclusive, restricts areas of scientific research not specifically prohibited by §§ 34-14-26 to 34-14-28 , inclusive, including research in the use of nuclear transfer or other cloning techniques to produce molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals other than humans.

Source: SL 2004, ch 227, § 3.
S.D. Codified Laws § 34-31A-39 — SD Code / Title 34 / Chapter 31A / Section 34-31A-39
Transmittal of annexation petition or resolution to county board--Approval or disapproval by directors
Status: in_force

Within thirty days after receiving the petition or resolution, map or plat, and certificate of the county auditor, in accordance with § 34-31A-38 , from the county auditor, such board of directors shall transmit the same to the proper county board, accompanied by a report in writing approving or disapproving the proposal contained in said petition, or approving such proposal in part and disapproving it in part.

Source: SL 1971, ch 208, § 11 (3); SL 1973, ch 226, § 8.
S.D. Codified Laws § 34A-6-111 — SD Code / Title 34A / Chapter 6 / Section 34A-6-111
Copies of scrap metal business records--Report of lost or stolen nonferrous metal property
Status: in_force

If a copy of the record of the transaction is requested by a law enforcement officer, a scrap metal business shall furnish a full, true, and correct transcript of the record from the purchase or receipt of the nonferrous metal property. This record shall be provided or transmitted to the applicable law enforcement agency within two business days.

If the scrap metal business has good cause to believe that any nonferrous metal property in the business's possession is lost or stolen, the scrap metal business shall promptly report that fact to a law enforcement officer, together with the name of the owner, if known, and the date of transaction and the name of the person from whom it was received.

Source: SL 2008, ch 179, § 4.
S.D. Codified Laws § 34-11A-24 — SD Code / Title 34 / Chapter 11A / Section 34-11A-24
Limitation on indebtedness--Power to borrow money
Status: in_force

No district may become indebted for an amount that is not payable from ten annual maximum tax levies as authorized by § 34-11A-19 . With the limits herein authorized, the district shall have power to borrow money at a rate not in excess of twelve percent and to issue appropriate evidence of indebtedness thereof.

Source: SL 1982, ch 259, § 26.
S.D. Codified Laws § 34-44-7 — SD Code / Title 34 / Chapter 44 / Section 34-44-7
Duty of owner or operator to employ only certified asbestos contractors
Status: in_force

An owner or operator of a facility containing asbestos shall allow only certified asbestos contractors to perform asbestos projects.

Source: SL 1988, ch 284, § 6.
S.D. Codified Laws § 34-5-18 — SD Code / Title 34 / Chapter 5 / Section 34-5-18
Citation of provisions
Status: in_force

Sections 34-5-9 to 34-5-18 , inclusive, may be cited as the South Dakota Distressed Food Act.

Source: SL 1974, ch 241, § 9.
S.D. Codified Laws § 34-22-45 — SD Code / Title 34 / Chapter 22 / Section 34-22-45
(Section effective on the date federal funding received for administering vaccinations for first responders.) Voluntary vaccination program for first responders--Exposure to infectious diseases at disaster locations
Status: in_force

The Department of Health shall offer a vaccination program for first responders who may be exposed to infectious diseases when deployed to disaster locations. For purposes of this section, the term, first responder, means state and local law enforcement personnel, fire department personnel, and emergency medical personnel who will be deployed to sites of bioterrorism attacks, terrorist attacks, catastrophic or natural disasters, and other disasters. The vaccinations shall include vaccinations for hepatitis B, diphtheria, tetanus, influenza, and other vaccinations when recommended by the United States Public Health Service and in accordance with Federal Emergency Management Agency policy. Immune globulin shall be made available if necessary. Participation in the vaccination program is voluntary.

Source: SL 2005, ch 185, § 1.
S.D. Codified Laws § 34-23A-56 — SD Code / Title 34 / Chapter 23A / Section 34-23A-56
Scheduling of abortion--Prior requirements
Status: in_force

No surgical or medical abortion may be scheduled except by a licensed physician and only after the physician physically and personally meets with the pregnant mother, consults with her, and performs an assessment of her medical and personal circumstances. Only after the physician completes the consultation and assessment complying with the provisions of §§ 34-23A-53 to 34-23A-62 , inclusive, may the physician schedule a surgical or medical abortion, but in no instance may the physician schedule such surgical or medical abortion to take place in less than seventy-two hours from the completion of such consultation and assessment except in a medical emergency as set forth in § 34-23A-10.1 and subdivision 34-23A-1(5). No Saturday, Sunday, or annually recurring holiday, as specifically named in § 1-5-1 , may be included or counted in the calculation of the seventy-two hour minimum time period between the initial physician consultation and assessment and the time of the scheduled abortion procedure. No physician may have the pregnant mother sign a consent for the abortion on the day of this initial consultation and no physician, abortion provider, hospital, or clinic, at which the physician performs an abortion, may accept payment for an abortion until a consent is signed after full compliance with the provisions of §§ 34-23A-53 to 34-23A-62 , inclusive. No physician may take a signed consent from the pregnant mother unless the pregnant mother is in the physical presence of the physician and except on the day the abortion is scheduled, and only after complying with the provisions of §§ 34-23A-53 to 34-23A-62 , inclusive, as they pertain to the initial consultation, and only after complying with the provisions of subdivisions 34-23A-10.1 (1) and (2). During the initial consultation between the physician and the pregnant mother, prior to scheduling a surgical or medical abortion, the physician shall:

(1) Do an assessment of the pregnant mother's circumstances to make a reasonable determination whether the pregnant mother's decision to submit to an abortion is the result of any coercion or pressure from other persons. In conducting that assessment, the physician shall obtain from the pregnant mother the age or approximate age of the father of the unborn child, and the physician shall consider whether any disparity in age between the mother and father is a factor when determining whether the pregnant mother has been subjected to pressure, undue influence, or coercion;

(2) Provide the written disclosure required by subdivision 34-23A-10.1 (1) and discuss them with her to determine that she understands them;

(3) Provide the pregnant mother with the names, addresses, and telephone numbers of all pregnancy help centers that are registered with the South Dakota Department of Health pursuant to §§ 34-23A-53 to 34-23A-62 , inclusive, and provide her with written instructions that set forth the following:

(a) That prior to the day of any scheduled abortion the pregnant mother must have a consultation at a pregnancy help center at which the pregnancy help center shall inform her about what education, counseling, and other assistance is available to help the pregnant mother keep and care for her child, and have a private interview to discuss her circumstances that may subject her decision to coercion;

(b) That prior to signing a consent to an abortion, the physician shall first obtain from the pregnant mother, a written statement that she obtained a consultation with a pregnancy help center, which sets forth the name and address of the pregnancy help center, the date and time of the consultation, and the name of the counselor at the pregnancy help center with whom she consulted;

(4) Conduct an assessment of the pregnant mother's health and circumstances to determine if any of the following preexisting risk factors associated with adverse psychological outcomes following an abortion are present in her case:

(a) Coercion;

(b) Pressure from others to have an abortion;

(c) The pregnant mother views an abortion to be in conflict with her personal or religious values;

(d) The pregnant mother is ambivalent about her decision to have an abortion, or finds the decision of whether to have an abortion difficult and she has a high degree of decisional distress;

(e) That the pregnant mother has a commitment to the pregnancy or prefers to carry the child to term;

(f) The pregnant mother has a medical history that includes a pre-abortion mental health or psychiatric problem; and

(g) The pregnant mother is twenty-two years old or younger.

The physician making the assessment shall record in the pregnant mother's medical records, on a form created for such purpose, each of the risk factors associated with adverse psychological outcomes following an abortion listed in this subdivision that are present in her case and which are not present in her case;

(4A) Inquire into whether the pregnant mother knows the sex of her unborn child and if so, whether the mother is seeking an abortion due to the sex of the unborn child.

(5) The physician shall identify for the pregnant mother and explain each of the risk factors associated with adverse psychological outcomes following an abortion listed in subdivision (4) which are present in her case;

(6) The physician shall advise the pregnant mother of each risk factor associated with adverse psychological outcomes following an abortion listed in subdivision 34-23A-56(4) which the physician determines are present in her case and shall discuss with the pregnant mother, in such a manner and detail as is appropriate, so that the physician can certify that the physician has made a reasonable determination that the pregnant mother understands the information imparted, all material information about the risk of adverse psychological outcomes known to be associated with each of the risk factors found to be present;

(7) In the event that no risk factor is determined to be present, the physician shall include in the patient's records a statement that the physician has discussed the information required by the other parts of this section and that the physician has made a reasonable determination that the mother understands the information in question;

(8) Records of the assessments, forms, disclosures, and instructions performed and given pursuant to this section shall be prepared by the physician and maintained as a permanent part of the pregnant mother's medical records.

Source: SL 2011, ch 161, § 3; SL 2012, ch 186, § 2; SL 2013, ch 157, § 1; SL 2014, ch 168, § 3; SL 2015, ch 184, § 1.
S.D. Codified Laws § 34-20-5 — SD Code / Title 34 / Chapter 20 / Section 34-20-5
Sales entered in poison register--Understanding of poisonous nature--Purpose of use--Sales to minors restricted
Status: in_force

No poison shall be delivered to any person until such person shall have entered his name in the seller's poison register, and until the seller shall have satisfied himself that the purchaser understands the poisonous nature of the article and that such poison is to be used for legitimate purposes; nor shall any poison be delivered to any minor under sixteen years of age except upon written order of an adult known to the seller.

Source: SL 1929, ch 124, § 1; SL 1935, ch 114, § 1; SDC 1939, § 22.1201.
S.D. Codified Laws § 34-21-35 — SD Code / Title 34 / Chapter 21 / Section 34-21-35
Notice of suspected violations--Opportunity for hearing
Status: in_force

When the agency, or any of its duly authorized agents, determines that there are reasonable grounds to believe a violation of the provisions of this chapter or of the rules and regulations of the agency has occurred, the director of the agency shall give notice and opportunity for hearing pursuant to chapter 1-26 .

Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-13-26 — SD Code / Title 34A / Chapter 13 / Section 34A-13-26
Administration of provisions--Hearing waiver
Status: in_force

The requirements of chapter 1-26 govern the administration of this chapter. Any decision made by the director becomes final unless appealed to the department within thirty days of the date of that decision. The secretary may, upon agreement with all affected parties, waive any hearing requirements of chapter 1-26 in order to provide for summary disposition of claims.

Source: SL 1988, ch 290, § 26; SL 1991, ch 294, § 13; SL 1992, ch 260, § 19; SL 2024, ch 146, § 14.
S.D. Codified Laws § 34-23A-23 — SD Code / Title 34 / Chapter 23A / Section 34-23A-23
Anonymity of female plaintiff--Specific written findings
Status: in_force

In every civil or criminal proceeding or action brought pursuant to this chapter, the court shall rule whether the anonymity of any female upon whom an abortion is performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel, and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms, to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action pursuant to this chapter shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.

Source: SL 1993, ch 249, § 9.
S.D. Codified Laws § 34A-2-109 — SD Code / Title 34A / Chapter 2 / Section 34A-2-109
Formation of state management plans for use of fertilizers and pesticides to protect waters and prevent pollution
Status: in_force

In conjunction with state universities and other interested parties, the secretary shall annually review new studies and data that relate to the relationships between fertilizer and pesticide use practices and the quality of waters of the state. From this review, the state shall formulate and revise as necessary state management plans for the use of fertilizers and pesticides that are based on protecting water quality and preventing groundwater pollution. These management plans will be based on use practices within the state as a whole or in specific areas within the state depending on hydrogeological differences, and shall be used by the state in regulating fertilizers and pesticides pursuant to chapters 38-19 , 38-20A , and 38-21 in developing future contingency plans, and in performing public education.

Source: SL 1989, ch 306, § 49; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-32A-5 — SD Code / Title 34 / Chapter 32A / Section 34-32A-5
Insurer obtaining information from governmental agency
Status: in_force

Any insurance company providing information to an authorized agency pursuant to § 34-32A-2 or 34-32A-3 shall have the right to request and obtain relevant information within thirty days of its request to an authorized agency.

Source: SL 1979, ch 240, § 5.
S.D. Codified Laws § 34A-2-39 — SD Code / Title 34A / Chapter 2 / Section 34A-2-39
Schedules of compliance in permits for discharge
Status: in_force

The secretary may set and revise schedules of compliance and include such schedules within the terms and conditions of permits for discharge of wastes.

Source: SL 1973, ch 280, § 9 (3) (a); SDCL Supp, § 46-25-55; SL 1988, ch 285, § 8.
S.D. Codified Laws § 34-27-7 — SD Code / Title 34 / Chapter 27 / Section 34-27-7
Purpose of requirements as to cemetery plats
Status: in_force

It is the intent and purpose of §§ 34-27-8 and 34-27-9 to require every cemetery or place of burial to be platted or mapped into subdivisions, indicating individual grave spaces, thereby providing when such plat or map is placed on file in the registrar's office, a numerical or tract index of all burials recorded and for no other purpose.

Source: SDC 1939, § 27.0214 (1) as added by SL 1941, ch 124, § 4.
S.D. Codified Laws § 34-35A-4 — SD Code / Title 34 / Chapter 35A / Section 34-35A-4
Tampering with alarm system as misdemeanor--Repeat offenses
Status: in_force

Any person who intentionally injures, defaces, or tampers with any fire alarm system in any manner not punishable under § 34-35A-3 is guilty of a Class 2 misdemeanor. A subsequent violation of this section is a Class 1 misdemeanor.

Source: SL 1963, ch 59; SDCL 1967, § 22-34-25 ; SL 1973, ch 150, § 4; SL 1977, ch 190, § 98.
S.D. Codified Laws § 34-12-16 — SD Code / Title 34 / Chapter 12 / Section 34-12-16
Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings
Status: in_force

Any building, institution, or establishment for which a license is issued under this chapter shall be inspected by the Department of Health under rules established by the department pursuant to § 34-12-13 . The provisions of this section do not apply to a licensed hospital or licensed chemical dependency treatment facility surveyed and accredited under the standards of the accreditation program of the joint commission on accreditation of health care organizations that submits to the department, within a reasonable time, copies of its currently valid accreditation certificate and accreditation letter, together with accompanying recommendations and comments and any further recommendations, progress reports, and correspondence directly related to the accreditation. However, the department may inspect all licensed hospitals or licensed chemical dependency treatment facilities to determine compliance with rules promulgated pursuant to subdivisions 34-12-13(1), (2), and (3).

The department retains the right of access to all hospital or licensed chemical dependency treatment facility premises and to relevant records to investigate complaints or to follow through on corrective measures related to deficiencies identified by the joint commission survey process which are in conflict with state law or rule. If, prior to an inspection, the operator refuses to allow the inspection, no inspection may be made. If, during the course of the inspection, the operator refuses to allow the inspection to continue, the inspection shall cease. In such cases, the department may immediately initiate revocation proceedings pursuant to chapter 1-26 against the operator's license.

Source: SL 1945, ch 108, § 5; SL 1953, ch 123, § 5; SDC Supp 1960, § 27.1205; SL 1980, ch 238, § 23; SL 1982, ch 260; SL 1986, ch 278, § 10; SL 1989, ch 289; SL 2016, ch 171, § 1.
S.D. Codified Laws § 34-49-9 — SD Code / Title 34 / Chapter 49 / Section 34-49-9
Cigarette package marking requirements
Status: in_force

Cigarettes that are certified by a manufacturer in accordance with this chapter shall be marked to indicate compliance with the requirements of this chapter. The marking shall be in eight point type or larger and consist of the letters, FSC, which signifies Fire Standard Compliant, permanently printed, stamped, engraved, or embossed on the package at or near the UPC Code.

A manufacturer may only use one marking, and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marketed by that manufacturer.

Any manufacturer certifying cigarettes in accordance with this chapter shall provide a copy of the certifications to each distributor, wholesaler, and retailer to which the manufacturer sells cigarettes. Each distributor, wholesaler, and retailer shall permit the state fire marshal, the secretary, and the attorney general to inspect markings of cigarette packaging marked in accordance with this section.

Source: SL 2009, ch 172, § 9, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-18-14 — SD Code / Title 34 / Chapter 18 / Section 34-18-14
Issuance of license when establishment in compliance
Status: in_force

After having received a properly completed application form and the correct license fee and after satisfying himself that the establishment or campground is in compliance with the provisions of this chapter and the rules and regulations of the department, the secretary of health shall issue a license to such establishment or campground.

Source: SL 1907, ch 165, § 11; SL 1909, ch 185, § 11; SL 1913, ch 238, §§ 2, 6; SL 1921, ch 256, § 4; SL 1935, ch 173, § 3; SDC 1939, § 27.1707; SL 1941, ch 127, § 2; SL 1955, ch 94, § 3; SL 1963, ch 158, §§ 7, 8; SL 1967, ch 106, § 1; SL 1970, ch 199, § 8; SL 1988, ch 279, § 3.
S.D. Codified Laws § 34A-6-99 — SD Code / Title 34A / Chapter 6 / Section 34A-6-99
Unlawful release of infectious waste in first degree
Status: in_force

A person is guilty of unlawful release of infectious waste in the first degree if the person:

(1) Knowingly engages in conduct which causes the release to the environment of infectious waste, which includes any quantity of infectious waste which is capable at the time of transport, or at any time thereafter, of causing serious physical injury or death to any person who is not a participant in the crime; or

(2) Knowingly engages in conduct constituting a single criminal transaction which causes the release to the environment of more than one thousand gallons or ten thousand pounds, whichever is less, of an aggregate weight or volume of infectious waste.

Unlawful release of infectious waste in the first degree is a Class 4 felony.

Source: SL 1992, ch 259, § 7.
S.D. Codified Laws § 34A-2-36.2 — SD Code / Title 34A / Chapter 2 / Section 34A-2-36.2
Concentrated animal feeding operation--Permit
Status: in_force

Each concentrated animal feeding operation, as defined by 40 C.F.R. § 122.23 (January 1, 2023), shall operate under a general or individual water pollution control permit, issued pursuant to § 34A-2-36 .

Source: SL 2007, ch 203, § 1; SL 2023, ch 131, § 1.
S.D. Codified Laws § 34-49-7 — SD Code / Title 34 / Chapter 49 / Section 34-49-7
Sale of cigarettes for purpose of consumer testing not prohibited
Status: in_force

The requirements of § 34-49-2 do not prohibit the sale of cigarettes solely for the purpose of consumer testing. For purposes of this section, the term, consumer testing, means an assessment of cigarettes that is conducted by a manufacturer or under the control and direction of a manufacturer, for the purpose of evaluating consumer acceptance of the cigarettes. The manufacturer may only utilize the quantity of cigarettes that is reasonably necessary for the assessment.

Source: SL 2009, ch 172, § 7, eff. Jan. 1, 2011.
S.D. Codified Laws § 34-29A-48 — SD Code / Title 34 / Chapter 29A / Section 34-29A-48
Appeals from inspectors--Order approving or disapproving inspector's act
Status: in_force

Any person aggrieved by an order or an act of the chief inspector or his deputies, under this chapter may, within fifteen days' notice thereof, appeal from such order or act to the secretary of public safety who shall, within thirty days thereafter, issue an appropriate order either approving or disapproving order or act. A copy of such order by the secretary of public safety shall be given to all interested parties.

Source: SL 1973, ch 229, § 19; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-16-20 — SD Code / Title 34 / Chapter 16 / Section 34-16-20
Failure to comply with notice--Removal of nuisance--Cost
Status: in_force

If an owner of property fails to comply with the requirements of a notice served pursuant to § 34-16-19 , the county health officer shall proceed to have the nuisance, source of filth, cause of sickness or condition which endangers the public health removed from the property or abated and report the cost of the removal or abatement to the county auditor. The cost of such removal or abatement shall be assessed and charged against the property on which the nuisance or condition was located in the manner that other taxes are collected.

Source: SL 1986, ch 279, § 2.
S.D. Codified Laws § 34-32A-3 — SD Code / Title 34 / Chapter 32A / Section 34-32A-3
Information required of insurer by governmental agency investigating fire loss
Status: in_force

Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency all relevant information or evidence deemed important to the authorized agency which the company may have in its possession relating to the fire loss in question. Relevant information may include, without limitation:

(1) Pertinent insurance policy information relevant to the fire loss under investigation and any application for such policy;

(2) Policy premium payment records which are available;

(3) History of previous claims made by the insured; and

(4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence relevant to the investigation.

Source: SL 1979, ch 240, § 2.
S.D. Codified Laws § 34A-11-7 — SD Code / Title 34A / Chapter 11 / Section 34A-11-7
Employment of personnel
Status: in_force

In accordance with the laws of the state, the Department of Agriculture and Natural Resources may employ, compensate, and prescribe the powers and duties of those persons necessary to execute the provisions of this chapter.

Source: SL 1983, ch 262, § 7; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-23A-88 — SD Code / Title 34 / Chapter 23A / Section 34-23A-88
Legislative finding regarding inclusion of disclosures required by subsections34-23A-10.1(1)(b), (c), and (d) in counseling provided by registered pregnancy help centers
Status: in_force

The Legislature finds that the physicians, agents, and employees who perform or assist in the performance of abortions at the Planned Parenthood facility in Sioux Falls, South Dakota have proven to be unreliable providers and counselors of the disclosures required by subsections 34-23A-10.1 (1)(b), (c), (d), and (e)(ii), such that it is in the interests of the pregnant mothers that disclosures required by subsections 34-23A-10.1 (1)(b), (c), and (d) be included in the mandatory third party counseling provided by registered pregnancy help centers as authorized by § 34-23A-59 .

Source: SL 2018, ch 205, § 15.
S.D. Codified Laws § 34-14-19 — SD Code / Title 34 / Chapter 14 / Section 34-14-19
"Nontherapeutic research" defined
Status: in_force

For purposes of §§ 34-14-16 to 34-14-20 , inclusive, the term, nontherapeutic research, means research that is not intended to help preserve the life and health of the particular embryo subjected to risk. It does not include in vitro fertilization and accompanying embryo transfer to a woman's body or any diagnostic test which may assist in the future care of a child subjected to such tests.

Source: SL 2000, ch 169, § 4.
S.D. Codified Laws § 34-10-22 — SD Code / Title 34 / Chapter 10 / Section 34-10-22
Reduction of tax levy on payment of other moneys into debt service fund
Status: in_force

If the board of trustees at any time shall transfer and irrevocably appropriate to the debt service fund maintained by it for the payment of bonds issued pursuant to § 34-10-16 moneys received from sources other than tax levies pursuant to § 34-10-21 , it may in its discretion cause the amount so transferred to be certified to the county auditor, who shall thereupon reduce the levy to be spread upon the tax lists for collection in the following year by the amount so certified, or by much lesser amount as shall be directed by the board of trustees.

Source: SL 1959, ch 135, § 12; SDC Supp 1960, § 27.19B12.
S.D. Codified Laws § 34-29B-14 — SD Code / Title 34 / Chapter 29B / Section 34-29B-14
Violation of fire marshal's order as misdemeanor--Evidence
Status: in_force

It is a Class 1 misdemeanor for any person to permit or maintain any situation, circumstances, or condition which is in violation of any order of the state fire marshal. It is also a Class 1 misdemeanor to disobey any provision of the order or to fail to comply with any written variation authorized by the state fire marshal. Proof of such unlawful condition or proof of the failure to obey such order is prima facie evidence that such act is that of the owner or other person in control of the premises.

Source: SL 1991, ch 283, § 15.
S.D. Codified Laws § 34-29A-40 — SD Code / Title 34 / Chapter 29A / Section 34-29A-40
Posting of certificates
Status: in_force

Certificates shall be posted under glass in the room containing the boiler inspected. If the boiler is not located within the building, the certificate shall be posted in a location convenient to the boiler inspected, or in any place where it will be accessible to interested parties.

Source: SL 1973, ch 229, § 15.
S.D. Codified Laws § 34-12G-6 — SD Code / Title 34 / Chapter 12G / Section 34-12G-6
Appropriation of funds
Status: in_force

Any municipality or county may appropriate funds for the purpose of carrying out the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive.

Source: SL 2012, ch 179, § 6.
S.D. Codified Laws § 34-12G-17 — SD Code / Title 34 / Chapter 12G / Section 34-12G-17
Participating rural health care facility to be medical assistance provider
Status: in_force

Any rural health care facility participating in the program established pursuant to the provisions of §§ 34-12G-10 to 34-12G-17 , inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any person eligible under chapter 28-6 and may not refuse treatment to any such person while participating in the program.

Source: SL 2012, ch 180, § 8.
S.D. Codified Laws § 34-18-27.3 — SD Code / Title 34 / Chapter 18 / Section 34-18-27.3
Departmental inspection upon receipt of complaint--Initiation of suspension, revocation or denial proceedings
Status: in_force

The department, upon receipt of a complaint, may inspect any lodging establishment, campground, food service establishment, or mobile food service establishment to determine if there are violations of this chapter or any of the rules promulgated thereunder. The scope of the inspection is limited to those areas set forth in this chapter and the rules promulgated thereunder. After an inspection is completed, the department may, if warranted, proceed in accordance with chapter 1-26 to suspend, revoke, or deny the license of the establishment or campground.

Source: SL 1986, ch 281, § 10.
S.D. Codified Laws § 34-25-51 — SD Code / Title 34 / Chapter 25 / Section 34-25-51
Amendment of vital record--Fee for delayed amendment
Status: in_force

A vital record may be amended in accordance with rules promulgated by the department pursuant to chapter 1-26 . Each request for amending a birth, death, or marriage certificate, after one year from the event, shall be accompanied by an eight dollar fee to the department for amending the record and filing the affidavit.

Source: SDC 1939, § 27.0218; SL 1945, ch 103, § 3; SL 1947, ch 121, § 2; SL 1972, ch 194, § 39; SL 1978, ch 255, § 4; SL 1991, ch 279, § 3; SL 2001, ch 129, § 2; SL 2005, ch 191, § 2.
S.D. Codified Laws § 34-25-52.1 — SD Code / Title 34 / Chapter 25 / Section 34-25-52.1
Copies or data supplied to public or private agencies
Status: in_force

Federal, state, local, and other public or private agencies may, upon request, be furnished copies or data upon such terms or conditions as may be prescribed by the secretary of health.

Source: SL 1972, ch 194, § 41.
S.D. Codified Laws § 34-20E-18 — SD Code / Title 34 / Chapter 20E / Section 34-20E-18
Report of knowing failure to submit information or submission of incorrect information to dispenser's licensing board
Status: in_force

Any dispenser who knowingly fails to submit prescription monitoring information to the board as required by this chapter or knowingly submits incorrect prescription information may be reported by the board to the dispenser's licensing board.

Source: SL 2010, ch 175, § 18.
S.D. Codified Laws § 34A-2A-4 — SD Code / Title 34A / Chapter 2A / Section 34A-2A-4
Entry by chief engineer to determine compliance
Status: in_force

The chief engineer may enter upon the land of a person as provided in § 46-2-19 for the purpose of determining whether such person is in compliance with the provisions of this chapter and any rules promulgated pursuant to this chapter.

Source: SL 1988, ch 286, § 4.
S.D. Codified Laws § 34-8-5 — SD Code / Title 34 / Chapter 8 / Section 34-8-5
Hospital tax levy in lieu of bonds--Maximum levy--Accumulation of funds
Status: in_force

In lieu of issuing bonds to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain a county hospital, the board of county commissioners may levy a tax, not to exceed sixty cents per thousand dollars of taxable valuation of the county in any one year to provide a special revenue fund to purchase an existing hospital, with or without equipment and supplies, or other suitable buildings or to purchase a site, erect, establish, and maintain or lease to maintain a county hospital. If a sufficient amount is raised, the board of county commissioners shall purchase or erect, equip and maintain or lease to maintain a county hospital as provided in this chapter.

Source: SL 1929, ch 210, §§ 14, 15; SDC 1939, § 27.1903; SL 1955, ch 95, § 3; SL 1984, ch 43, § 113; SL 1989, ch 87, § 15D.
S.D. Codified Laws § 34-29A-22 — SD Code / Title 34 / Chapter 29A / Section 34-29A-22
Maximum allowable pressure of boilers--Computation
Status: in_force

The maximum allowable pressure of a boiler carrying the ASME code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped.

The maximum allowable pressure of a boiler which does not carry the ASME code symbol shall be computed by formula stated in rules.

Source: SL 1973, ch 229, § 5; SL 1982, ch 18, § 50.
S.D. Codified Laws § 34-23A-54 — SD Code / Title 34 / Chapter 23A / Section 34-23A-54
Legislative findings
Status: in_force

The Legislature finds that as abortion medicine is now practiced in South Dakota that:

(1) In the overwhelming majority of cases, abortion surgery and medical abortions are scheduled for a pregnant mother without the mother first meeting and consulting with a physician or establishing a traditional physician-patient relationship;

(2) The surgical and medical procedures are scheduled by someone other than a physician, without a medical or social assessment concerning the appropriateness of such a procedure or whether the pregnant mother's decision is truly voluntary, uncoerced, and informed, or whether there has been an adequate screening for a pregnant mother with regard to the risk factors that may cause complications if the abortion is performed;

(3) Such practices are contrary to the best interests of the pregnant mother and her child and there is a need to protect the pregnant mother's interest in her relationship with her child and her health by passing remedial legislation;

(4) There exists in South Dakota a number of pregnancy help centers, as defined in § 34-23A-53 , which have as their central mission providing counseling, education, and other assistance to pregnant mothers to help them maintain and keep their relationship with their unborn children, and that such counseling, education, and assistance provided by these pregnancy help centers is of significant value to the pregnant mothers in helping to protect their interest in their relationship with their children; and

(5) It is a necessary and proper exercise of the state's authority to give precedence to the mother's fundamental interest in her relationship with her child over the irrevocable method of termination of that relationship by induced abortion.

Source: SL 2011, ch 161, § 1.
S.D. Codified Laws § 34A-3-11 — SD Code / Title 34A / Chapter 3 / Section 34A-3-11
Duties of secretary
Status: in_force

The secretary shall:

(1) Hold at least one examination each year at the designated time and place for the purpose of examining candidates for certification;

(2) Advertise and promote the program of certification of water and wastewater works operators;

(3) Encourage other operators to become certified other than those required to do so by law;

(4) Distribute applications and notices;

(5) Receive and evaluate applications;

(6) Collect fees, not exceeding sixty dollars to cover reasonable costs of operator certification exams;

(7) Prepare, conduct, and grade examinations;

(8) Maintain records of operator qualifications and certification, and maintain a register of certified operators;

(9) Promote and schedule regular training schools and programs.

Source: SL 1970, ch 217, § 8; SDCL Supp, § 36-22A-11; SL 1977, ch 280, § 40; SL 2011, ch 165, § 71; SL 2021, ch 162, § 1.
S.D. Codified Laws § 34A-15-3 — SD Code / Title 34A / Chapter 15 / Section 34A-15-3
Determination of owner or operator
Status: in_force

No person, partnership, limited liability company, corporation, association, organization, or other legal entity may be deemed to be an owner or operator of real or personal property who, without participating in the management of the subject real or personal property, holds indicia of ownership primarily to protect a security or lien hold interest in the subject real or personal property or in the property in which the subject real or personal property is located.

Source: SL 1992, ch 261, § 3; SL 1994, ch 351, § 76.
S.D. Codified Laws § 34-12-13 — SD Code / Title 34 / Chapter 12 / Section 34-12-13
Rules to protect patients' health and safety
Status: in_force

The State Department of Health may promulgate rules, pursuant to chapter 1-26 , which are necessary to protect the health and safety of patients cared for in licensed health care facilities. The regulations may be in regard to the following areas:

(1) Sanitary and safe conditions of the premises;

(2) Cleanliness of operation;

(3) Fire safety and construction;

(4) Physical equipment found necessary and in the public interest;

(5) Management and administration;

(6) Physician's services;

(7) Nursing and related care;

(8) Dietetic services;

(9) Medication control;

(10) Records;

(11) Diagnostic services;

(12) Hospital complementary services;

(13) Long - term care diversionary services;

(14) Patient safety and health;

(15) Residents' rights in nursing homes and assisted living centers.

Source: SL 1945, ch 108, § 6; SL 1953, ch 123, § 6; SDC Supp 1960, § 27.1206; SL 1980, ch 238, § 22; SL 1986, ch 278, § 8; SL 1991, ch 270, § 1; SL 1991, ch 272, § 2.
S.D. Codified Laws § 34-22-6 — SD Code / Title 34 / Chapter 22 / Section 34-22-6
Compelling vaccination as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any board, physician, or person to compel another by the use of physical force to submit to the operation of vaccination with smallpox or other virus.

Source: SL 1903, ch 223, §§ 1, 3; RC 1919, §§ 7691, 7693; SDC 1939, §§ 27.2201, 27.9938; SL 1977, ch 190, § 59.
S.D. Codified Laws § 34-29B-19 — SD Code / Title 34 / Chapter 29B / Section 34-29B-19
Fire Marshal's Advisory Board--Members appointed by governor
Status: in_force

A State Fire Marshal's Advisory Board is hereby established consisting of five members who shall be appointed by the Governor. Not all the members may be of the same political party. The Governor shall attempt to appoint individual members to represent the firefighters, fire equipment industry, and the fire insurance underwriters.

Source: SL 1991, ch 283, § 20.
S.D. Codified Laws § 34-45-13 — SD Code / Title 34 / Chapter 45 / Section 34-45-13
Pay telephone--No coins required to dial 911
Status: in_force

When any 911 system becomes operational or as soon as feasible thereafter, each provider or other owner or lessee of a pay station telephone to be operated within the 911 service area shall convert each telephone to permit a caller to dial 911 without first inserting a coin or paying any other charge and prominently display on each pay telephone a notice advising callers to dial 911 in an emergency and that deposit of a coin is not required. No person may install or offer for use within the 911 service area any pay station telephone unless the telephone is capable of facilitating a 911 call without prior insertion of a coin or payment of any other charge and unless the telephone displays notice of free 911 service.

Source: SL 1989, ch 303, § 13.
S.D. Codified Laws § 34-21-31 — SD Code / Title 34 / Chapter 21 / Section 34-21-31
Orders abating discharge of radioactive material
Status: in_force

The agency may, subject to chapter 1-26 , issue, modify or revoke orders prohibiting or abating the discharge of radioactive material or waste into the ground, air, or waters of the state in accordance with the provisions of this chapter and rules and regulations adopted thereunder.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (7); SL 1967, ch 107, § 2; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-26-74 — SD Code / Title 34 / Chapter 26 / Section 34-26-74
Contracts for disposition--Funeral--Burial
Status: in_force

A person, who is 18 years of age or older and of sound mind, by entering into a preneed contract as defined by § 55-11-1 , may direct the location, manner and conditions of disposition of the person’s remains, and the arrangements for funeral goods and services to be provided upon the person’s death. The disposition directions and funeral prearrangements that are contained in a preneed contract are not subject to cancellation or substantial revision unless the cancellation or substantial revision has been ordered by a person who the decedent has appointed in the preneed contract as the person authorized to cancel or revise the terms of the preneed contract, or unless any resources set aside to fund the preneed contract are insufficient under the terms of the preneed contract to carry out the disposition directions and funeral prearrangements contained therein.

Source: SL 2022, ch 113, § 1.
S.D. Codified Laws § 34-8-19 — SD Code / Title 34 / Chapter 8 / Section 34-8-19
County levy for operation and maintenance of hospital
Status: in_force

The board of county commissioners of any county maintaining, operating, or leasing to any organization a county hospital shall appropriate from the general fund an amount sufficient to operate and maintain the county hospital.

Source: SDC 1939, § 27.1909 as enacted by SL 1951, ch 133; SL 1964, ch 89; SL 1966, ch 79; SL 1975, ch 217; SL 1980, ch 239; SL 1985, ch 77, § 19.
S.D. Codified Laws § 34A-16-7 — SD Code / Title 34A / Chapter 16 / Section 34A-16-7
Powers of each district
Status: in_force

The powers of each regional recycling and waste management district are vested in the commissioners of the district. Each district shall adopt procedures for its own operation not inconsistent with its articles of incorporation and this chapter. The articles of incorporation may provide for an executive board with the power to conduct the business of the district. The issuance of bonds and the adoption or modification of ordinances shall be approved by the full governing body. Each regional recycling and waste management district shall organize and elect officers for terms of office to be fixed by the board of commissioners. There shall be elected a chairman and vice - chairman from among the commissioners. A district may employ an executive director, secretary, technical experts or such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. A district may employ or contract for its own legal counsel, legal staff, engineering, or other professional services.

Source: SL 1993, ch 259, § 7.
S.D. Codified Laws § 34-20-6 — SD Code / Title 34 / Chapter 20 / Section 34-20-6
Prescription sales exempt from labeling and registration requirements
Status: in_force

The provisions of §§ 34-20-1 to 34-20-5 , inclusive, as to labeling and registration of sales of poisons shall not apply to the sale of such by registered pharmacists upon the prescriptions of duly licensed, practicing physicians, dentists, or veterinary surgeons.

Source: SL 1929, ch 124, § 2; SDC 1939, § 22.1202.
S.D. Codified Laws § 34A-2-70 — SD Code / Title 34A / Chapter 2 / Section 34A-2-70
Hearing on emergency order--Time and procedure for hearing
Status: in_force

Upon issuing an order pursuant to § 34A-2-68 , the secretary shall fix a place and time for a hearing before the board, not later than five days thereafter, unless the person to whom the order is directed requests a later time. The secretary may deny a request for a later time if the secretary finds that the person to whom the order is directed is not complying with the order. The hearing shall be conducted by the board in the manner specified in §§ 34A-2-53 to 34A-2-60 , inclusive.

Source: SL 1973, ch 280, § 15; SDCL Supp, § 46-25-86; SL 1988, ch 285, § 30; SL 2011, ch 165, § 51.
S.D. Codified Laws § 34-22-39 — SD Code / Title 34 / Chapter 22 / Section 34-22-39
Religious rights and practices preserved
Status: in_force

Nothing in this chapter shall be construed to interfere with the recognized religious rights or practice of any individual who is exercising such rights or practice in good faith.

Source: SL 1968, ch 119, § 5; SL 1977, ch 190, § 60A.
S.D. Codified Laws § 34-51-9 — SD Code / Title 34 / Chapter 51 / Section 34-51-9
State agent prohibited from blocking access--Exclusion
Status: in_force

No official, employee, or agent of this state may block or attempt to block an eligible patient's access to a general or individualized investigative treatment. Counseling, advice, or a recommendation consistent with medical standards of care from a licensed health care provider is not a violation of this section.

Source: SL 2015, ch 188, § 9; SL 2025, ch 144, § 6.
S.D. Codified Laws § 34-44-11 — SD Code / Title 34 / Chapter 44 / Section 34-44-11
Application for contractor's certification or renewal--Failure to obtain as misdemeanor
Status: in_force

An asbestos contractor shall apply for a certification or renewal of a certification according to the procedures established by the board. Failure to obtain certification or renewal thereof is a Class 1 misdemeanor.

Source: SL 1988, ch 284, § 9.
S.D. Codified Laws § 34-12-9 — SD Code / Title 34 / Chapter 12 / Section 34-12-9
License not transferable
Status: in_force

No license granted under this chapter shall be assignable or transferable.

Source: SL 1945, ch 108, § 4; SL 1947, ch 128; SL 1953, ch 123, § 4; SDC Supp 1960, § 27.1204.
S.D. Codified Laws § 34-21-15 — SD Code / Title 34 / Chapter 21 / Section 34-21-15
Rules and regulations for control of radiation
Status: in_force

The agency shall, in compliance with chapter 1-26 , prescribe rules or regulations necessary for the control of radiation.

Source: SDC Supp 1960, § 27.17A04 (12) as added by SL 1967, ch 107, § 2; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-5-14.1 — SD Code / Title 34A / Chapter 5 / Section 34A-5-14.1
Districts to be governed by board of trustees--Number of members
Status: in_force

Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. Each board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as provided in this section.

If a sanitary district provides or is proposed to provide sewer or water facility connections to more than one thousand five hundred households, farms, businesses, or other entities, the board of trustees shall consist of at least five but not more than eleven members. If a sanitary district provides or is proposed to provide at least one thousand but not more than one thousand five hundred sewer or water facility connections, the board of trustees shall consist of at least five but not more than nine members. If a sanitary district provides or is proposed to provide at least five hundred but not more than one thousand sewer or water facility connections, the board of trustees shall consist of at least three but not more than seven members. If a sanitary district provides or is proposed to provide fewer than five hundred sewer or water facility connections, the board of trustees shall consist of at least three but not more than five members.

The number of trustees for a newly incorporated or consolidated sanitary district shall be specified in the order of incorporation issued under § 34A-5-7 or in the consolidation resolution issued under § 34A-5-46 .

Source: SL 1993, ch 258, § 5; SL 2019, ch 160, § 1.
S.D. Codified Laws § 34-20B-12 — SD Code / Title 34 / Chapter 20B / Section 34-20B-12
Substances included in Schedule I
Status: in_force

Any of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, is included in Schedule I, unless specifically excepted, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation:

(1) Acetylmethadol;

(2) Allylprodine;

(3) Alphacetylmethadol, except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate or LAAM;

(4) Alphameprodine;

(5) Alphamethadol;

(6) Benzethidine;

(7) Betacetylmethadol;

(8) Betameprodine;

(9) Betamethadol;

(10) Betaprodine;

(11) Clonitazene;

(12) Dextromoramide;

(13) Diampromide;

(14) Diethyliambutene;

(15) Dimenoxadol;

(16) Dimepheptanol;

(17) Dimethyliambutene;

(18) Dioxaphetyl butyrate;

(19) Dipipanone;

(20) Ethylmethylthiambutene;

(21) Etonitazene;

(22) Etoxeridine;

(23) Fenethylline;

(24) Furethidine;

(25) Hydroxypethidine;

(26) Ketobemidone;

(27) Levomoramide;

(28) Levophenacylmorphan;

(29) Mecloqualone;

(30) Morpheridine;

(31) Noracymethadol;

(32) Norlevorphanol;

(33) Normethadone;

(34) Norpipanone;

(35) Phenadoxone;

(36) Phenampromide;

(37) Phenibut;

(38) Phenomorphan;

(39) Phenoperidine;

(40) Piritramide;

(41) Proheptazine;

(42) Properidine;

(43) Racemoramide;

(44) Tianeptine;

(45) Trimeperidine;

(46) Methaqualone;

(47) N-benzylpiperazine;

(48) 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]-benzenesulfonamide, W-18;

(49) N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine, also known as isotonitazene;

(50) 2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (butonitazene);

(51) 2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine (etodesnitazene, etazene);

(52) N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine) (flunitazene);

(53) N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (metodesnitazene);

(54) N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine (metonitazene);

(55) 2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole (N-pyrrolidino etonitazene, etonitazepyne);

(56) N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine (protonitazene);

(57) 7-[(10,11-dihydro-5 H -dibenzo[a,d]cyclohepten-5-yl)amino]heptanoic acid) (amineptine);

(58) N-phenyl-N′ -(3-(1-phenylpropan-2-yl)-1,2,3-oxadiazol-3-ium-5-yl)carbamimidate) (mesocarb);

(59) N-methyl-1-(thiophen-2-yl)propan-2-amine (methiopropamine);

(60) N-ethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzo[d]imidazol-1-yl)ethan-1-amine (N-Desethyl Isotonitazene); and

(61) Ethyl 2-phenyl-2-(piperidin-2-yl)acetate) (ethylphenidate).

Source: SL 1970, ch 229, § 8 (a) (1); SDCL Supp, § 39-17-55; SL 1977, ch 315, § 1; SL 1985, ch 278, § 50; SL 1994, ch 278, § 1; SL 2003, ch 183, § 1; SL 2018, ch 203, § 1, eff. Feb. 8, 2018; SL 2021, ch 144, § 1, eff. Feb. 17, 2021; SL 2022, ch 109, § 1, eff. Feb. 9, 2022; SL 2024, ch 130, § 1, eff. Feb. 14, 2024; SL 2026, ch 147, § 2, eff. Feb. 11, 2026; SL 2026, ch 148, § 1.
S.D. Codified Laws § 34-23A-29 — SD Code / Title 34 / Chapter 23A / Section 34-23A-29
Civil action for death of fetus or infant in partial-birth abortion
Status: in_force

In the case of the death of a human fetus or infant as the result of a partial - birth abortion, the father of the human fetus or infant and, if the mother has not attained the age of eighteen years at the time of the partial - birth abortion, the maternal grandparents of the human fetus or infant may file a civil action to obtain appropriate relief, unless the plaintiff consented to the partial - birth abortion or unless the plaintiff's criminal conduct caused the pregnancy.

Source: SL 1997, ch 129, § 3.
S.D. Codified Laws § 34A-2-73 — SD Code / Title 34A / Chapter 2 / Section 34A-2-73
Action by department to enjoin violations--Temporary injunction and restraining order
Status: in_force

The department may bring an action without furnishing of bond, for an injunction against the continuation of any threatened or actual violation, or against any person who fails to comply with an emergency order issued by the secretary by virtue of § 34A-2-68 , or any final order of the secretary or board. The court to which the department applies for an injunction may issue a temporary injunction, if it finds that there is reasonable cause to believe that the allegations of the department are true, and it may issue a temporary restraining order pending action on the temporary injunction.

Source: SL 1973, ch 280, § 16; SDCL Supp, § 46-25-89; SL 1988, ch 285, § 33.
S.D. Codified Laws § 34A-7-3 — SD Code / Title 34A / Chapter 7 / Section 34A-7-3
Property where receptacles required
Status: in_force

For purposes of § 34A-7-2 , the term, property held out to the public for the transaction of business, includes commercially operated parks, campgrounds, drive-in restaurants, automobile service stations, business parking lots, car washes, shopping centers, marinas, boat launching areas, industrial parking lots, boat moorage and fueling stations, piers, beaches and bathing areas, airports, roadside rest stops, drive-in movies, and shopping malls. For purposes of § 34A-7-2 , the term, property held out to the public for assemblage, recreation, or as a public way, includes any property that is publicly owned or operated for any of the purposes stated in the definition in this section for "property held out to the public for the transaction of business" but excludes state highway rights of way and rest areas located on state highway rights of way.

Source: SL 1974, ch 242, § 8; SDCL Supp, § 34-16C-6; SL 2011, ch 165, § 126.
S.D. Codified Laws § 34A-17-6 — SD Code / Title 34A / Chapter 17 / Section 34A-17-6
Relationship to other land-use law
Status: in_force

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.

Source: SL 2005, ch 196, § 6.
S.D. Codified Laws § 34A-6-1.23 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.23
Secretary may require appearance for public hearing--Alternative procedures
Status: in_force

In a notice given under § 34A-6-1.22 , the secretary may also require the alleged violator to appear for a public hearing to be conducted before the board, and to answer the charges made against the alleged violator. If the secretary does not require an alleged violator to appear for a public hearing pursuant to this section, the alleged violator, a member of the board, or an interested person may request the board to conduct such a hearing. Such request shall be in writing and shall be filed with the board no later than ten days after service of a notice under § 34A-6-1.22 . If such a request is filed, a hearing shall be held as soon as practicable. In such event, notice of hearing shall be provided which meets the requirements of § 1-26-17 , and notice shall also be given in a manner which will reasonably inform the public.

Source: SL 1989, ch 306, § 23; SL 2011, ch 165, § 114.
S.D. Codified Laws § 34A-16-20 — SD Code / Title 34A / Chapter 16 / Section 34A-16-20
Establishment and collection of general rates and charges--Public hearing required--Publication of notice
Status: in_force

The district may establish and collect general rates and charges for the generation of solid waste and for the facilities and services provided by the district and may negotiate and collect payments for facilities and services contracted by the district. Before establishing or raising any general rates and charges, the board of commissioners shall hold a public hearing regarding the proposed rates and charges. Before publishing notice of hearing regarding proposed general changes in rates and charges, the district shall provide to the governing body of each county and municipality included within the district the financial information upon which the proposed changes are based. Notice of the hearing shall be published at least once in each of the official newspapers of the municipalities and counties included in the district. Publication may be no more than forty - five days and no less than fifteen days before the date of the hearing. Rates and charges may take into account the character, kind and quality of the service and of the solid waste, the method of disposition, the number of people served at each place of collection and all other factors which the board of commissioners, in its reasonable judgment, determines to be necessary or appropriate in establishing fair and equitable rates and charges, including establishment of reasonable reserves and depreciation and payment of principal and interest on money borrowed by the district for the acquisition or betterment of facilities.

Source: SL 1993, ch 259, § 22.
S.D. Codified Laws § 34-31A-24 — SD Code / Title 34 / Chapter 31A / Section 34-31A-24
Collection of taxes
Status: in_force

Said tax shall be collected as other taxes are collected in the county.

Source: SL 1971, ch 208, § 7 (1).
S.D. Codified Laws § 34-21-7 — SD Code / Title 34 / Chapter 21 / Section 34-21-7
Development of comprehensive policies and programs
Status: in_force

The agency shall develop comprehensive policies and programs for the evaluation and determination of hazards associated with the use of radiation, the development of uranium resources, and the natural occurrences of radiation and for their mitigation.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (1); SL 1967, ch 107, § 2; SL 1980, ch 242, § 3.
S.D. Codified Laws § 34-26-72 — SD Code / Title 34 / Chapter 26 / Section 34-26-72
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

Sections 34-26-48 to 34-26-72 , inclusive, modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(a) of that act, 15 U.S.C. section 7001, or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).

Source: SL 2007, ch 197, § 25.
S.D. Codified Laws § 34-21-25 — SD Code / Title 34 / Chapter 21 / Section 34-21-25
Individual exposure records for ionizing radiation
Status: in_force

The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules and regulations of the agency.

Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107, § 2.
S.D. Codified Laws § 34-20G-57 — SD Code / Title 34 / Chapter 20G / Section 34-20G-57
Medical cannabis establishment registration--Renewal
Status: in_force

The department shall issue a renewal registration certificate within forty-five days of receipt of the prescribed renewal application and renewal fee from a medical cannabis establishment.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 132, § 3.
S.D. Codified Laws § 34-12E-1 — SD Code / Title 34 / Chapter 12E / Section 34-12E-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Health care procedure," an act of diagnosis, treatment, or care to a patient for which compensation is or may be charged;

(2) "Health care provider," any licensed health care facility licensed pursuant to chapter 34-12 or any practitioner of the healing arts, including a physician licensed under chapter 36-4 , dentist, optometrist, podiatrist, chiropractor, physical therapist, respiratory care practitioner, occupational therapist, or psychologist;

(3) "Patient," an individual who receives, or requests to receive, diagnosis, treatment, or care from a health care provider.

Source: SL 1994, ch 276, § 1.
S.D. Codified Laws § 34-24-25 — SD Code / Title 34 / Chapter 24 / Section 34-24-25
Rules and regulations
Status: in_force

The Department of Health is authorized to promulgate and enforce rules and regulations to aid in implementing the provisions of §§ 34-24-16 to 34-24-24 , inclusive.

Source: SL 1973, ch 233, § 2.
S.D. Codified Laws § 34-24-32 — SD Code / Title 34 / Chapter 24 / Section 34-24-32
Pulse oximetry test required for newborns
Status: in_force

All hospitals which routinely provide obstetrical services and birth centers shall provide screening of newborns for congenital heart defects through the use of a pulse oximetry test.

Source: SL 2013, ch 158, § 1.
S.D. Codified Laws § 34-37-10.5 — SD Code / Title 34 / Chapter 37 / Section 34-37-10.5
Open flame on retail premises as misdemeanor--Fire extinguisher required
Status: in_force

A person is guilty of a Class 1 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted on the premises of a retail licensee. A retailer licensee shall keep and maintain upon the retailer's premises a fire extinguisher bearing a rated capacity of at least 2-A.

Source: SL 1971, ch 207, § 6; SL 1977, ch 190, § 105; SL 1982, ch 18, § 103; SL 1998, ch 213, § 8; SL 2019, ch 154, § 13, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-20A-77 — SD Code / Title 34 / Chapter 20A / Section 34-20A-77
Order of involuntary commitment--Adequacy of treatment
Status: in_force

If after hearing all relevant evidence, including the results of any diagnostic examination, the court finds that grounds for involuntary commitment have been established by clear and convincing proof, it shall make an order of commitment to any appropriate accredited treatment facility. It may not order commitment of a person unless it determines that the proposed facility is able to provide adequate and appropriate treatment for him and the treatment is likely to be beneficial.

Source: SL 1974, ch 240, § 12 (d); SL 1985, ch 277, § 27.
S.D. Codified Laws § 34A-1-62 — SD Code / Title 34A / Chapter 1 / Section 34A-1-62
Additional penalty for knowingly violating provisions of this chapter
Status: in_force

In addition to any other civil or criminal penalty imposed by this chapter, any person who knowingly violates any applicable requirement, any permit condition, or any fee or filing requirement of this chapter, or who knowingly makes any false material statement, representation, or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring device or method is guilty of a Class 1 misdemeanor and, notwithstanding the maximum penalties provided by § 22-6-2 , is subject to a criminal fine in a maximum amount of ten thousand dollars per day per violation.

Source: SL 1995, ch 203, § 4.
S.D. Codified Laws § 34-12C-3 — SD Code / Title 34 / Chapter 12C / Section 34-12C-3
Absence of power of attorney or appointed guardian--Consent by others--Disqualification--Delegation of authority--Wishes of incapacitated person--Recommendation of physician
Status: in_force

In the absence of a durable power of attorney for health care or the appointment of a guardian of the person, or if neither the attorney in fact nor guardian is available to consent, a health care decision for an incapacitated person may be made by the following persons or members of the incapacitated person's family who are available to consent, in the order stated:

(1) The spouse, if not legally separated;

(2) An adult child;

(3) A parent;

(4) An adult sibling;

(5) A grandparent or an adult grandchild;

(6) An adult aunt or uncle, adult cousin, or an adult niece or nephew;

(7) Close friend.

However, any person may, before a judicial adjudication of incompetence or incapacity, disqualify any member of the person's family from making a health care decision for the person. The disqualification shall appear in a document signed by the person or may be made by a notation in the person's medical record, if made at the person's direction.

Any member of the incapacitated person's family may delegate the authority to make a health care decision to another family member in the same or succeeding class. The delegation shall be signed and may specify conditions on the authority delegated.

Any person authorized to make a health care decision for an incapacitated person shall be guided by the express wishes of the incapacitated person, if known, and shall otherwise act in good faith, in the incapacitated person's best interest, and may not arbitrarily refuse consent. Whenever making any health care decision for the incapacitated person, the person available to consent shall consider the recommendation of the attending physician, the decision the incapacitated person would have made if the incapacitated person then had decisional capacity, if known, and the decision that would be in the best interest of the incapacitated person.

Source: SL 1990, ch 222, § 3; SL 2007, ch 192, § 2.
S.D. Codified Laws § 34A-17-13 — SD Code / Title 34A / Chapter 17 / Section 34A-17-13
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2005, ch 196, § 13.
S.D. Codified Laws § 34-31A-29 — SD Code / Title 34 / Chapter 31A / Section 34-31A-29
Annual statement of payments by tax-exempt organizations
Status: in_force

The board of directors shall file an annual statement with the Department of Public Safety showing the names of persons or organizations making payments and the amounts of payments made under § 34-31A-28 .

Source: SL 1971, ch 208, § 15; SL 2003, ch 272, §§ 20, 121.