S.D. Codified Laws § 1-55-12 — SD Code / Title 1 / Chapter 55 / Section 1-55-12
Hearing on debt determination dispute--Written request--Temporary license, registration, or permit
Status: in_force

No agency, board, or entity of the State of South Dakota may issue, renew, or allow an individual to maintain any motor vehicle, motorcycle, or boat registration, driver license, hunting license, fishing license, state park permit, or camping permit, after receiving notice from the center that the applicant, registrant, or licensee has a debt that is being collected by the center, unless the applicant, registrant, or licensee has paid the debt and cost recovery fee in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

An applicant, registrant, or licensee who disputes a determination by the center that the applicant, registrant, or licensee has a debt that has been referred to the center for collection may, in writing, request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26 . A co-owner of a titled motor vehicle, motorcycle, or boat that is described in subdivision 1-55-11 (1) may request an administrative hearing before the Office of Hearing Examiners, conducted pursuant to chapter 1-26 , on the sole issue of whether the co-owner or the debtor is a titled owner of the motor vehicle, motorcycle, or boat.

A written request for an administrative hearing must be received by the center within fourteen days from the date notice is sent pursuant to § 1-55-11 . No court shall have jurisdiction if a written request for an administrative hearing is not received by the center within the time prescribed. For purposes of this section, if a written request for an administrative hearing is sent by United States mail, the date of the postmark placed by the United States postal service shall be considered the date received by the center.

Upon recommendation by the center, the agency or entity may issue a temporary license, registration, certification, or permit to the applicant, registrant, or licensee pending final resolution of the administrative hearing.

Source: SL 2015, ch 14, § 12; SL 2021, ch 14, § 4.
S.D. Codified Laws § 1-26-8.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-8.3
Retroactive effect of rule--Burden of proving authority or necessity
Status: in_force

If any rule is proposed to have retroactive effect, the burden is on the agency to show that the retroactivity is authorized by law or is necessary to implement new provisions of law.

Source: SL 1985, ch 13.
S.D. Codified Laws § 1-47-7 — SD Code / Title 1 / Chapter 47 / Section 1-47-7
Banking Commission continued
Status: in_force

The South Dakota State Banking Commission shall continue in the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the South Dakota State Banking Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 25, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 114, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-44-37 — SD Code / Title 1 / Chapter 44 / Section 1-44-37
Assumption of federal environmental responsibilities--Highway projects in state
Status: in_force

The Department of Transportation may, by agreement with the federal government pursuant to 23 U.S.C. §§ 326 and 327, assume all or part of the responsibilities of the federal government under the National Environmental Policy Act, as set forth under 42 U.S.C. §§ 4321 to 4370, inclusive, for environmental review, consultation, or other actions required with respect to highway projects within this state.

Source: SL 2026, ch 14, § 1.
S.D. Codified Laws § 1-49-2 — SD Code / Title 1 / Chapter 49 / Section 1-49-2
State Public Health Laboratory in Department of Health--Services
Status: in_force

The State Public Health Laboratory shall be located in the Department of Health and shall meet all required federal certifications and regulations. The laboratory may provide environmental, medical, and forensic toxicology and drug testing for the purpose of protecting and promoting public health and safety.

Source: SL 1985, ch 283, § 2; SL 1997, ch 17, § 1; SL 2019, ch 11, § 2.
S.D. Codified Laws § 1-36A-30 — SD Code / Title 1 / Chapter 36A / Section 1-36A-30
Retaliation against ombudsman program complainant or interference with program as misdemeanor
Status: in_force

No person, facility, or other entity may discriminate or retaliate in any manner against any resident or relative or legally appointed representative, any employee of a nursing facility, assisted living center, or other residential facility or any other person because of making a complaint or providing information in good faith to the ombudsman program. No person, facility, or other entity may willfully interfere with representatives of the ombudsman program in the performance of any official duty. Any person, facility, or other entity that violates this section is guilty of a Class 1 misdemeanor.

Source: SL 1990, ch 206, § 2; SL 1991, ch 272, § 2; SL 2004, ch 167, § 35; SDCL § 28-1-45.7 ; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 30, eff. Apr. 13, 2017.
S.D. Codified Laws § 1-26-29.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-29.1
Costs of disciplinary hearing
Status: in_force

After conducting a contested case proceeding that results in discipline or censure of a licensee, suspension or revocation of a licensee's license, or denial of a license to an applicant, a professional or occupational board or commission established pursuant to Title 36 may assess all or part of its actual expenses for the proceeding against the licensee or applicant.

Source: SL 1993, ch 18.
S.D. Codified Laws § 1-6-1 — SD Code / Title 1 / Chapter 6 / Section 1-6-1
State seal adopted--Requirements for reproductions--Violations
Status: in_force

There is hereby adopted as the official colored seal of the State of South Dakota, a reproduction of the seal, described in article XXI, section 1 of the Constitution of the State of South Dakota, and made in conformity with the Constitution. The proportions and colored detail are set out specifically in accord with an original painting of the great seal produced by John G. Moisan of Fort Pierre and shall be the basis for all reproductions of the great seal of the State of South Dakota. Any replica, facsimile, or reproduction of the state seal that is greater than one inch in diameter and used for an official purpose or a for-profit commercial use shall be a representation of the full and complete seal based upon S.D. Const., Art. XXI, § 1 and this section and shall include the state motto "Under God The People Rule." These requirements do not infringe upon or limit any artistic or satirical use of the seal. The secretary of state shall conduct an investigation for any violation of this section. If the secretary of state confirms that a violation has been committed, the secretary of state shall issue a cease and desist letter.

Source: SL 1961, ch 291, § 1; SL 1987, ch 2, § 1; SL 2018, ch 6, § 1.
S.D. Codified Laws § 1-24A-2 — SD Code / Title 1 / Chapter 24A / Section 1-24A-2
State agency defined
Status: in_force

The term "state agency," as used in § 1-24A-1 , means any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty.

Source: SL 1980, ch 15, § 2.
S.D. Codified Laws § 1-33-53 — SD Code / Title 1 / Chapter 33 / Section 1-33-53
Contracts with leasing companies for purchase and lease of data processing equipment
Status: in_force

A state agency using leased automatic data processing equipment may, with the approval of the commissioner of the Bureau of Information and Technology, enter into a contract with a leasing company for the lease or purchase by the agency of automatic data processing equipment with nonstate funds furnished by the company, and may transfer the title of the equipment to the leasing company for lease back to the agency at a rate which takes into account the value of any accruals applied to the equipment. A state agency may also transfer nonstate funds from a leasing company to the seller of automatic data processing equipment without complying with the requirements of law relating to the deposit of funds in the state treasury.

Source: SL 1978, ch 7, § 4; SDCL, § 1-14-12.9; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-16A-45 — SD Code / Title 1 / Chapter 16A / Section 1-16A-45
Maintenance, rental and funding agreements in bond resolution
Status: in_force

The resolution under which the bonds are authorized to be issued and any such trust indenture, mortgage, or deed of trust may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions thereof leased by the authority to others, the creation and maintenance of special funds from such revenues and the rights and remedies available in the event of default, including the designation of a trustee, all as the authority shall deem advisable and not in conflict with the provisions hereof.

Source: SL 1972, ch 10, § 12.
S.D. Codified Laws § 1-16H-26 — SD Code / Title 1 / Chapter 16H / Section 1-16H-26
State not liable for principal or interest on bonds, notes, instruments, or obligations of authority
Status: in_force

Nothing in this chapter may be construed to authorize the authority to create a debt of the state within the meaning of the Constitution or statutes of South Dakota and all revenue bonds, notes, other instruments and obligations issued by the authority pursuant to the provisions of this chapter are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor. The state is not in any event liable for the payment of the principal of or interest on any bonds, notes, instruments, or obligations issued by the authority or for the performance of any pledge, mortgage, obligation, or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation, or agreement may impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.

Source: SL 2004, ch 15, § 26.
S.D. Codified Laws § 1-26D-1 — SD Code / Title 1 / Chapter 26D / Section 1-26D-1
Creation of Office of Hearing Examiners
Status: in_force

The State Office of Hearing Examiners is hereby created and is attached to the Bureau of Human Resources and Administration for reporting and budgetary purposes. The office shall conduct hearings with the greatest degree of informality consistent with fairness and the nature of the proceeding before it. In those instances where a more formal proceeding is required, the hearing examiner may apply hearing procedures as set forth in the South Dakota Rules of Civil Procedure chapter 15-6 .

Source: SL 1995, ch 8, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-7-17 — SD Code / Title 1 / Chapter 7 / Section 1-7-17
Allocation and reallocation of volume, issuance authority, and other benefits to facilitate issuance of bonds and compliance with certain federal requirements
Status: in_force

The Governor shall establish, by executive order, a procedure for the allocation or reallocation of volume or other bond issuance authority, and rights or other benefits associated thereto, in order to facilitate issuance of bonds pursuant to or in satisfaction of requirements under any federal law that limits the amount of such bonds which may be issued in the State of South Dakota in order that the bonds or the issuer of the bonds may qualify for subsidies or other benefits under, or to allow or otherwise facilitate compliance with requirements of, the Internal Revenue Code of 1986, as amended. This authority shall specifically include allocation or reallocation of volume or other bond issuance authority established under The American Recovery and Reinvestment Act of 2009 and any other legislation which creates or establishes other limitations or requirements to be satisfied in order to receive benefits or other subsidies, including interest rate rebates.

Source: SL 2010, ch 4, § 1, eff. Mar. 10, 2010.
S.D. Codified Laws § 1-33B-17 — SD Code / Title 1 / Chapter 33B / Section 1-33B-17
Establishment of accounts from which loans to be made--Petroleum violation escrow fund--Legislative approval
Status: in_force

The Governor's Office of Economic Development may establish in the state treasury such accounts as may be necessary to deposit the petroleum violation escrow funds and other funds from which to make the loans and grants authorized under § 1-33B-14 . However, no such funds may be expended until appropriated by the Legislature. All funds may be invested by the state investment officer pursuant to chapter 4-5 .

Source: SL 1991, ch 16, § 7; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-50-6 — SD Code / Title 1 / Chapter 50 / Section 1-50-6
Legislative findings--State Emergency Response Commission and fees on facilities reporting hazardous substances
Status: in_force

The Legislature finds that in order to protect the public health, safety, welfare, and the environment of this state, it is in the public interest of the state to have a strong state emergency response commission with such resources as are necessary to fully implement the provisions of the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992. The Legislature further finds it to be in the public interest and good public policy to impose a reasonable fee upon facilities required to report hazardous substances as provided in that act in order to defray the costs to the state of administering this program.

Source: SL 1992, ch 254, § 61; SDCL, § 34A-12-19; SL 1993, ch 257, § 1.
S.D. Codified Laws § 1-1-22 — SD Code / Title 1 / Chapter 1 / Section 1-1-22
Law defined
Status: in_force

Law is a rule of property and of conduct prescribed by the sovereign power.

Source: SDC 1939, § 65.0101.
S.D. Codified Laws § 1-27-36 — SD Code / Title 1 / Chapter 27 / Section 1-27-36
Estimate of retrieval and reproduction cost--Waiver or reduction of fee
Status: in_force

For any informal request reasonably likely to involve a fee in excess of fifty dollars, the custodian shall provide an estimate of cost to the requestor prior to assembling the documents or records and the requestor shall confirm in writing his or her acceptance of the cost estimate and agreement to pay. The custodian may exercise discretion to waive or reduce any fee required under this section if the waiver or reduction of the fee would be in the public interest.

Source: SL 2008, ch 14, § 4.
S.D. Codified Laws § 1-20-37 — SD Code / Title 1 / Chapter 20 / Section 1-20-37
Forgery and misrepresentation of archaeological objects--Sale of unlawfully collected objects--Misdemeanor
Status: in_force

No person may reproduce, retouch, rework, or forge any archaeological, paleontological, ethnological, or historical object, deriving its principal value from its antiquity, or make any object, whether copies or not, or falsely label, describe, identify, or offer for sale or exchange any object, with intent to represent the object to be an original and genuine archaeological, paleontological, ethnological, or historical specimen. No person may offer for sale or exchange any object that has previously been collected or excavated in violation of any of the terms of this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 11, § 16; SL 1980, ch 24, § 8; SL 2009, ch 1, § 110.
S.D. Codified Laws § 1-26-19.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-19.1
Administration of oaths--Subpoena powers--Witness fees--Disobedience of subpoena
Status: in_force

Each agency and any attorney of record or officer of the agency charged with the duty to administer the laws of the state and the rules of the agency may:

(1) Administer oaths as provided by chapter 18-3 ; and

(2) Subpoena witnesses or interested parties to appear and give testimony and to produce records, books, papers, and documents relating to any matter in a contested case, as provided in § 15-6-45 .

Unless otherwise provided by law, fees for witnesses are as set forth in chapter 19-5 and must be paid by the agency or party for whom the witness is subpoenaed.

Failure of a person to obey a subpoena issued pursuant to this chapter may be punished as a contempt of court in the manner provided by chapter 21-34 .

Source: SL 1972, ch 8, § 21; SL 2026, ch 11, § 2.
S.D. Codified Laws § 1-54-18 — SD Code / Title 1 / Chapter 54 / Section 1-54-18
Conditions applicable to grant recipients
Status: in_force

In addition to complying with the requirements in § 1-54-16 and the additional requirements of chapter 13-14 , all grant recipients will be subject to the following conditions:

(1) The amount of a grant may not exceed the actual cost of the project as proposed in the application;

(2) The grant shall be paid on a reimbursement basis, following procedures and requirements outlined by the department;

(3) Any funds provided through the grant must be necessary and reasonable to complete the project;

(4) Necessary documentation, as determined by the department, shall be submitted to support all expenditures;

(5) Expenditures must be approved before the end of the grant period;

(6) A grant project must expend all funds provided through the grant within thirty-six months following grant approval; and

(7) No grant funds may be used for costs associated with writing the grant proposal, contractual obligations that became effective prior to the award period of the grant, purchases that become the property of any individual or organization other than the grant recipient, or purchases or services beyond the project outcomes or activities.

Source: SL 2016, ch 86, § 6; SDCL § 13-14-21 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 28, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-16H-20 — SD Code / Title 1 / Chapter 16H / Section 1-16H-20
Suit to compel performance by holder of revenue bond, note, or instrument issued by authority
Status: in_force

Any holder of any revenue bonds, notes, or other instruments issued by the authority may bring suits at law or proceedings in equity to compel the performance and observance by any corporation or person or by the authority or any of its agents or employees of any contract or covenant made with the holders of such revenue bonds, notes, or other instruments, to compel such corporation, person, the authority, and any of its agents or employees to perform any duties required to be performed for the benefit of the holders of any such revenue bonds, notes, or other instruments by the provision of the resolution authorizing their issuance and to enjoin such corporation, person, the authority, and any of its agents or employees from taking any action in conflict with any such contract or covenant.

Source: SL 2004, ch 15, § 20.
S.D. Codified Laws § 1-19B-39 — SD Code / Title 1 / Chapter 19B / Section 1-19B-39
Amendment of historic district ordinance--Studies and reports
Status: in_force

Any ordinance adopted pursuant to § 1-19B-38 may, from time to time, be amended in the same manner except that the historic district commission established as provided in § 1-19B-38 shall study such proposed amendments and report thereon as required under §§ 1-19B-34 to 1-19B-37 , inclusive.

Source: SL 1974, ch 21, § 7.
S.D. Codified Laws § 1-1A-2 — SD Code / Title 1 / Chapter 1A / Section 1-1A-2
Enforcement of unconstitutional policies prohibited
Status: in_force

No person may enforce any statute, rule, regulation, executive order, or office policy that is in violation of § 1-1A-1 .

Source: SL 1979, ch 4, § 3.
S.D. Codified Laws § 1-26-34 — SD Code / Title 1 / Chapter 26 / Section 1-26-34
Circuit court may order agency to take additional evidence
Status: in_force

If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

Source: SL 1966, ch 159, § 15(5); SL 1987, ch 29, § 62.
S.D. Codified Laws § 1-19A-13.5 — SD Code / Title 1 / Chapter 19A / Section 1-19A-13.5
Promulgation of rules regarding historical preservation loans and grants
Status: in_force

For the purpose of the administration of §§ 1-19A-13.1 to 1-19A-13.5 , inclusive, the State Historical Society Board of Trustees may adopt rules pursuant to chapter 1-26 .

Source: SL 1977, ch 19, § 5; SL 2009, ch 1, § 64.
S.D. Codified Laws § 1-18-5 — SD Code / Title 1 / Chapter 18 / Section 1-18-5
Membership fees
Status: in_force

The fees for membership shall be set by the State Historical Society Board of Trustees under rules promulgated pursuant to chapter 1-26 . The board may establish different classes of memberships and fees with different benefits or privileges associated with each class of membership. The fees for membership shall be used to provide funds for the support of historical society programs.

Source: SDC 1939, § 29.0105; SL 1957, ch 144, § 1; SL 1969, ch 124, § 2; SL 1982, ch 11; SL 1985, ch 8, § 1; SL 1996, ch 8, § 2.
S.D. Codified Laws § 1-33-8.11 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.11
Extraordinary litigation fund--Continuous appropriation--Sovereign immunity--Life protection subfund
Status: in_force

There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Human Resources and Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other litigation expenses not otherwise eligible to be paid under § 3-22-1 . The fund may also be used for the payment of any self-insured retention for which the state is responsible under a cyber liability insurance policy purchased by the state. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund, including any subfunds created within it, is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.

The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of human resources and administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with § 4-5-30 .

Source: SL 2004, ch 56, § 1, eff. Mar. 8, 2004; SL 2005, ch 7, § 1; SL 2006, ch 3, § 1, Mar. 6, 2006; SL 2019, ch 1, § 1, eff. Mar. 21, 2019; SDCL § 1-14-3.1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16A-41 — SD Code / Title 1 / Chapter 16A / Section 1-16A-41
Negotiability of bonds
Status: in_force

All bonds of the authority and the interest coupons applicable thereto are hereby made and shall be construed to be negotiable instruments.

Source: SL 1972, ch 10, § 11.
S.D. Codified Laws § 1-54-14 — SD Code / Title 1 / Chapter 54 / Section 1-54-14
Eligibility requirements for Native American achievement schools grant applicants
Status: in_force

An applicant seeking a grant from the Native American achievement schools grant program shall:

(1) Be an accredited public school within the State of South Dakota;

(2) Serve a student population for which the school-level results for the 2014-15 academic year on the state academic assessment are below the statewide average proficiency in English language arts and mathematics;

(3) Serve a student population of which at least fifty percent is comprised of Native American students;

(4) Demonstrate access to a physical facility that is adequate for implementation of the project; and

(5) Demonstrate the ability to complete the project in accordance with all requirements of §§ 1-54-13 to 1-54-20 , inclusive, state and federal laws and regulations, and policies of the department.

Source: SL 2016, ch 86, § 2; SDCL § 13-14-17 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 24, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-51-2 — SD Code / Title 1 / Chapter 51 / Section 1-51-2
Division of Highway Patrol transferred
Status: transferred

The Division of Highway Patrol and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Highway Patrol.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 21, eff. Apr. 17, 2003.
S.D. Codified Laws § 1-43-32 — SD Code / Title 1 / Chapter 43 / Section 1-43-32
Contingent implementation of comprehensive health data system
Status: in_force

Implementation of the comprehensive health data system shall be contingent upon the receipt of federal or other funds by the Department of Health or other relevant state agencies to the extent necessary to carry out the provisions of §§ 1-43-19 and 1-43-33 .

Source: SL 1994, ch 24, § 6; SL 2013, ch 154, § 9.
S.D. Codified Laws § 1-8-4 — SD Code / Title 1 / Chapter 8 / Section 1-8-4
Deputy secretary of state--Appointment and oath--Duties
Status: in_force

The secretary of state may appoint a deputy secretary of state, whose appointment shall be evidenced by a certificate under the official seal of the state, and continue during his pleasure. The deputy secretary so appointed, before entering upon the duties of his office, shall take and subscribe the usual oath of office required by the Constitution, which appointment and oath shall be filed in the Office of the Secretary of State. In case of the absence or disability of the secretary of state, the deputy secretary of state shall perform the duties required by law of the secretary.

Source: SDC 1939, § 55.1209; SL 1985, ch 5, § 2.
S.D. Codified Laws § 1-53-27 — SD Code / Title 1 / Chapter 53 / Section 1-53-27
Purchase and acquisition of property securing indebtedness
Status: in_force

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to bid for and purchase at any execution, foreclosure, or other sale, or otherwise to acquire property upon which the commissioner has a lien by reason of a judgment or execution, or which is pledged, mortgaged, conveyed, or which otherwise secures any loan or other indebtedness owing to or acquired by the commissioner under §§ 1-53-23 to 1-53-37 , inclusive.

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119(2); SDCL § 38-6-6 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 46, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-44-18 — SD Code / Title 1 / Chapter 44 / Section 1-44-18
Duties of department as to railroads
Status: in_force

The Department of Transportation shall conduct research on basic railroad problems, plan and assist in the development of rail transportation, develop and maintain a federal - state relationship of programs relating to railroads, assist any public or private agency or corporation in coordinating railroad services with those of other transportation modes, recommend, prepare, and review plans and specifications for any project undertaken by the South Dakota Railroad Authority, and arrange for and coordinate rail service over any properties and facilities acquired, leased, or controlled by the State of South Dakota Railroad Authority.

Source: SL 1975, ch 26, § 2; SL 1980, ch 325, § 2; SL 1996, ch 20, § 5.
S.D. Codified Laws § 1-26-13.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-13.1
Service complete when deposited in mail
Status: in_force

Notwithstanding § 15-6-6(e), any service required by §§ 1-26-1 to 1-26-13 , inclusive, shall, when performed by mail, be complete when the material to be served is deposited with the United States postal service.

Source: SL 1977, ch 13, § 2.
S.D. Codified Laws § 1-36A-26 — SD Code / Title 1 / Chapter 36A / Section 1-36A-26
Promulgation of rules regarding services for adults and elderly
Status: in_force

The secretary may promulgate reasonable and necessary rules, pursuant to chapter 1-26 , for the administration and operation of the program for adults and the elderly relating to the following areas:

(1) Services to enable recipients to remain in their own home and services to older persons in institutional and noninstitutional care;

(2) Legal services;

(3) Transportation services;

(4) Nutrition services;

(5) Information and referral services to help the elderly gain access to programs for their benefit;

(6) Eligibility for services;

(7) Amount, scope, and duration of services;

(8) The basis of payment to and the qualifications for providers of services;

(9) Administration of public grants, record keeping, and audit requirements;

(10) Requirements to obtain federal financial participation and ensure efficient operation and administration of the program;

(11) Adult protective services;

(12) Ombudsman services; and

(13) Payments for elderly, blind, and disabled persons residing in the person's own home or in an institutional or noninstitutional setting; and

(14) Preadmission Screening/Annual Resident Review (PASARR) as defined in § 27B-1-17 .

Source: SL 1981, ch 199, § 17; SL 1987, ch 200, § 2; SL 1997, ch 167, § 1; SL 2004, ch 167, § 30; SDCL§ 28-1-45; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 26, eff. Apr. 13, 2017; SL 2018, ch 17, § 1.
S.D. Codified Laws § 1-1-2.3 — SD Code / Title 1 / Chapter 1 / Section 1-1-2.3
Acceptance of retrocession of exclusive federal jurisdiction
Status: in_force

The consent of the state is hereby given to the retrocession of exclusive jurisdiction by the United States over lands owned by the United States within the boundaries of Badlands National Park. The Governor may accept retrocession of jurisdiction for the state.

Source: SL 1980, ch 8, § 3.
S.D. Codified Laws § 1-13-5 — SD Code / Title 1 / Chapter 13 / Section 1-13-5
Federal funds--Acceptance and use
Status: in_force

The Bureau of Information and Technology and the Department of Public Safety may apply for, accept, and expend on behalf of the state communications system any appropriations, grants, matching funds, or moneys allotted to the State of South Dakota by the federal government pursuant to any act of Congress of the United States. The funds so received by the State of South Dakota shall be administered and expended under the supervision of the bureau or the department to purchase the necessary apparatus and equipment for new construction and equipment improvements in the state communications system. Such funds shall be deposited in the state treasury to be paid out on warrants drawn by the state auditor on vouchers approved by the commissioner of the bureau or the secretary of public safety.

Source: SL 1966, ch 189; SL 1999, ch 177, § 11; SL 2015, ch 5, § 3; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-13-1.1 — SD Code / Title 1 / Chapter 13 / Section 1-13-1.1
Functions of State Radio Communications transferred
Status: transferred

The functions of State Radio Communications, including its budget funds and FTE allocation, is hereby transferred from the Bureau of Information and Telecommunications to the Department of Public Safety.

Source: SL 1999, ch 177, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 77; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-16A-69 — SD Code / Title 1 / Chapter 16A / Section 1-16A-69
Health education assistance loan program--Security for principal and interest of bonds
Status: in_force

Notwithstanding § 1-16A-43 , the principal of and interest on any bonds issued by the authority pursuant to § 1-16A-67 shall be secured by a pledge of the revenues and other money out of which the same shall be made payable and may be secured by a trust indenture or mortgage or deed of trust, including an assignment of the HEAL loans or other contract rights of the authority thereunder, covering all or any part of the HEAL loans from which the revenues or receipts so pledged may be derived.

Source: SL 1982, ch 10, § 8.
S.D. Codified Laws § 1-36A-1.21 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.21
Secretary to prescribe management of institutions and manner of accounting
Status: in_force

The secretary of human services shall prescribe the management of the institutions under the department's control, and such manner of keeping the accounts thereof so that all property belonging to the state can be readily ascertained at any time from the books and accounts thereof, and shall provide a method of identification of all property belonging to the state in any of such institutions.

Source: SL 1989, ch 21, § 21.
S.D. Codified Laws § 1-16J-17 — SD Code / Title 1 / Chapter 16J / Section 1-16J-17
Governmental bodies, financial institutions, and others authorized to invest in bonds or notes issued by authority
Status: in_force

The state and all counties, municipalities, political subdivisions, public bodies, public officers, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, personal representatives, conservators, trustees, and other fiduciaries may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter.

Source: SL 2009, ch 8, § 17.
S.D. Codified Laws § 1-24-14 — SD Code / Title 1 / Chapter 24 / Section 1-24-14
Funding arrangements with health and educational facilities authority
Status: in_force

Any public agency may enter into one or more pool arrangements with other public agencies and may enter into funding arrangements with the health and educational facilities authority and other public agencies, including agreements pursuant to which a public agency agrees to pay premiums and other charges for coverage or other benefits provided by such pool arrangement.

Source: SL 1991, ch 11, § 5.
S.D. Codified Laws § 1-44-26 — SD Code / Title 1 / Chapter 44 / Section 1-44-26
Railroad Board--Qualifications of members
Status: in_force

At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in business management. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in the operation of railroad service. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in private or public finance. At least one member, in the opinion of the Governor, shall be a person experienced in or having a favorable reputation for skill, knowledge, and experience in marketing. At least one member of the commission shall be, in the opinion of the Governor, a person who is a user of rail service. Two members shall be from the public at large.

Source: SL 1980, ch 325, § 8.
S.D. Codified Laws § 1-2-9 — SD Code / Title 1 / Chapter 2 / Section 1-2-9
Effective date of compact--Notice of ratification
Status: in_force

The compact is not binding or obligatory upon any of the contracting parties unless and until it has been ratified by the legislature of each state and approved by the Congress of the United States. The Governor of South Dakota shall give notice of the ratification and approval of the compact by the South Dakota Legislature to the Governor of the state of Nebraska and to the President of the United States.

Source: SL 1989, ch 4, § 2.
S.D. Codified Laws § 1-26-12 — SD Code / Title 1 / Chapter 26 / Section 1-26-12
Rule copies and notices at no cost--Exception
Status: in_force

An agency may not charge the public for copies of notices or intentions to pass rules required by § 1-26-4.1 . The provisions of § 1-8-10 , except as to certification, do not apply to copies of publications distributed by the secretary of state under this chapter.

Source: SDC 1939, § 65.0106; SL 1966, ch 159, § 5 (4); SL 1972, ch 8, § 16; SL 1977, ch 13, § 9; SL 1983, ch 5, § 4; SL 1984, ch 10, § 3; SL 2025, ch 9, § 20.
S.D. Codified Laws § 1-45-6.1 — SD Code / Title 1 / Chapter 45 / Section 1-45-6.1
Board of Education Standards created--Appointment of members--Terms
Status: in_force

There is created within the Department of Education the South Dakota Board of Education Standards. The South Dakota Board of Education Standards shall consist of seven members. The members shall be appointed by the Governor with the advice and consent of the Senate. The terms of office for each member shall be four years and shall terminate December thirty-first of the fourth year. No member appointed after July 1, 2018, and without any previous service on the board, may serve more than three consecutive terms. However, after serving three consecutive terms, a member may be reappointed after at least two years have passed since the expiration of the member's last term. Any partial term to fill a vacancy on the board may not count against the three-term limit.

Source: SL 1985, ch 401, § 17; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2017, ch 81, § 56; SL 2018, ch 18, § 1.
S.D. Codified Laws § 1-33B-3.4 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.4
Notice inviting qualified energy service providers to submit qualifications and proposals for energy performance contract
Status: in_force

A governmental unit may solicit submissions of qualifications to enter into an energy performance contract by providing public notice to qualified energy service providers. The notice shall invite qualified energy service providers to submit qualifications and proposals for investment grade energy audits. Governmental units shall utilize chapter 36-18A to determine the minimum educational qualifications of a qualified energy service provider. The governmental unit shall comply with procurement procedures for professional services provided under §§ 5-18D-17 to 5-18D-22 , inclusive.

Source: SL 2016, ch 14, § 6.
S.D. Codified Laws § 1-36-2 — SD Code / Title 1 / Chapter 36 / Section 1-36-2
Secretary as head of department
Status: in_force

The head of the Department of Social Services is the secretary of social services.

Source: SL 1973, ch 2, § 67.
S.D. Codified Laws § 1-13-8 — SD Code / Title 1 / Chapter 13 / Section 1-13-8
Dispatches and reports to be broadcast
Status: in_force

The Department of Public Safety shall broadcast all police dispatches and reports submitted, which have a reasonable relation to, or connection with, the apprehension of criminals, the prevention of crime, or the maintenance of peace and order in the state. The department shall also broadcast any other statement or report upon request of any constitutional officer, or the head of any state department, providing such message relates to state business.

Source: SDC 1939, § 55.1610; SL 1999, ch 177, § 14; SL 2015, ch 5, § 4.
S.D. Codified Laws § 1-27-45 — SD Code / Title 1 / Chapter 27 / Section 1-27-45
Website for state records and financial information--Administration
Status: in_force

The state shall maintain a searchable internet website for posting and accessing the public records and financial information of the state. The content and operation of the website must be administered jointly by the Bureau of Human Resources and Administration, Bureau of Finance and Management, and Bureau of Information and Technology.

Source: SL 2009, ch 12, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026; SL 2026, ch 3, § 4.
S.D. Codified Laws § 1-46-6.1 — SD Code / Title 1 / Chapter 46 / Section 1-46-6.1
National Guard
Status: in_force

The National Guard and its functions in the former Department of Military and Veterans Affairs are transferred to the Department of the Military created by Executive Reorganization Order 20 11-1 . The adjutant general shall perform the functions of the former secretary of the Department of Military and Veterans Affairs, relating to the National Guard.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 27, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16A-67 — SD Code / Title 1 / Chapter 16A / Section 1-16A-67
Health education assistance loan program--Funding of HEAL loan purchases by bonds, notes or other obligations of authority
Status: in_force

Any HEAL loan made, caused to be made, purchased or caused to be purchased under §§ 1-16A-65 to 1-16A-70 , inclusive, may be funded with the proceeds of bonds, notes or other obligations of the authority issued pursuant to §§ 1-16A-38 to 1-16A-41 , inclusive, and the trust agreement or indenture creating such bonds may contain such of the provisions set forth in § 1-16A-45 as the authority may deem appropriate, and in addition may contain such other provisions as the authority may deem reasonable and proper for the security of the holders of any such bonds, notes or other obligations of the authority. The proceeds of any bonds, notes or other obligations of the authority issued pursuant to this section may be used and applied by the authority to make, cause to be made, purchase or cause to be purchased, HEAL loans, to the payment of financing costs, including legal, underwriting and investment banking, accounting, rating agencies, printing and other similar costs; the funding of any reserve funds deemed necessary or advisable by the authority; interest on such bonds, notes or other obligations for any period deemed necessary or advisable by the authority; and all other necessary and incidental costs and expenses.

Source: SL 1982, ch 10, § 6.
S.D. Codified Laws § 1-26-19.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-19.2
Depositions of witnesses
Status: in_force

Each agency and the officers thereof charged with the duty to administer the laws and rules of the agency shall have power to cause the deposition of witnesses residing within or without the state or absent therefrom to be taken or other discovery procedure to be conducted upon notice to the interested person, if any, in like manner that depositions of witnesses are taken or other discovery procedure is to be conducted in civil actions pending in circuit court in any matter concerning contested cases.

Source: SL 1972, ch 8, § 22.
S.D. Codified Laws § 1-1-2 — SD Code / Title 1 / Chapter 1 / Section 1-1-2
Federal jurisdiction over previously acquired land--Prior grants confirmed--Reserved jurisdiction to serve process
Status: in_force

Jurisdiction of the lands and their appurtenances which have been or may be acquired by the United States through donations from this state or other states or private persons or which may have been acquired by exchange, purchase, or condemnation by the United States for use of the Battle Mountain Sanitarium reserve in Fall River County; Fish Lake in Aurora County; Wind Cave National Park; the Badlands National Monument or park, and for other public purposes of the United States is hereby ceded to the United States and all such prior grants or donations of this state are hereby confirmed; provided however, that all civil or criminal process, issued under the authority of this state or any officer thereof, may be executed on such lands and in the buildings which may be located thereon in the same manner as if jurisdiction had not been ceded.

Source: SDC 1939, § 55.0107.
S.D. Codified Laws § 1-16A-22 — SD Code / Title 1 / Chapter 16A / Section 1-16A-22
Restrictions of other laws not applicable
Status: in_force

Facilities may be acquired, purchased, constructed, reconstructed, improved, bettered and extended and bonds may be issued under this chapter for said purposes notwithstanding that any other law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extensions of like facilities, or the issuance of bonds for like purposes, and without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.

Source: SL 1972, ch 10, § 22.
S.D. Codified Laws § 1-32-6 — SD Code / Title 1 / Chapter 32 / Section 1-32-6
Appointment and removal of division directors--Qualifications for positions
Status: in_force

Unless otherwise provided by chapters 1-32 to 1-47 , inclusive, division directors must be appointed by the head of the department or bureau of which the division is a part, and shall serve at the pleasure of the department or bureau head. The appointment and removal of division directors is subject to approval by the Governor. Departments and bureaus shall submit, for approval to the commissioner of personnel, minimum qualifications for the division director positions within their departments or bureaus.

Source: SL 1973, ch 2, § 9; SL 1979, ch 351, § 5; SL 1979, ch 352, § 4; SL 1979, ch 354, § 5; SL 1979, ch 355, § 5; SL 1980, ch 26, § 2; SL 1981, ch 11, § 1; SL 2024, ch 166, § 1.
S.D. Codified Laws § 1-20-32 — SD Code / Title 1 / Chapter 20 / Section 1-20-32
Issuance of exploration permits--Qualifications of permittees
Status: in_force

The State Historical Society Board of Trustees may issue permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archaeological register sites to institutions which the state archaeologist may deem to be properly qualified to conduct such activity, subject to such rules as the State Historical Society Board of Trustees may prescribe, as long as such activity is undertaken by reputable museums, universities, colleges, or other historical, scientific, or educational institutions or societies approved by the state archaeologist, with a view toward disseminating the knowledge gained through their activities.

Source: SL 1947, ch 136, § 1; SDC Supp 1960, § 29.0801; SDCL § 1-20-7; SL 1974, ch 11, § 6; SL 2009, ch 1, § 106.
S.D. Codified Laws § 1-33-31 — SD Code / Title 1 / Chapter 33 / Section 1-33-31
Bureau authorized to contract for expert assistance
Status: in_force

The Bureau of Information and Technology may contract for expert assistance to assist in the performance of its responsibilities under this chapter.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 22; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 1995, ch 322 (Ex. Ord. 95-6), §§ 17, 18; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-37-6 — SD Code / Title 1 / Chapter 37 / Section 1-37-6
Division of Human Rights transferred--Commission on Human Rights transferred
Status: transferred

The Division of Human Rights and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Human Rights. The Commission on Human Rights created by § 20-13-2 shall continue to perform its functions on issues concerning human rights and is transferred to the Department of Labor and Regulation.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 30; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-11-40 — SD Code / Title 1 / Chapter 11 / Section 1-11-40
Investigative subpoena--Judicial approval--Form--Enforceability--Effect
Status: in_force

A magistrate judge or circuit court judge may approve an investigative subpoena upon finding that the application submitted pursuant to § 1-11-38 establishes reasonable cause to believe the business records of a provider are material to an active criminal investigation. Judicial approval may be provided by written order or by signature on the investigative subpoena.

An investigative subpoena approved pursuant to this section is enforceable anywhere in this state and has the same force and effect as any subpoena issued under the laws of this state.

Source: SL 2026, ch 2, § 4.
S.D. Codified Laws § 1-16A-28 — SD Code / Title 1 / Chapter 16A / Section 1-16A-28
Establishment of rents and charges
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, generally to fix and revise from time to time and charge and collect rates, rents, fees, and charges for the use of and services furnished or to be furnished by facilities or any portion thereof and to contract with any person, firm, or corporation or other body public or private in respect thereof, provided that the authority shall have no jurisdiction over rates, rents, fees, and charges established by a participating educational institution for its students or established by a participating health institution for its patients.

Source: SL 1972, ch 10, § 7 (9).
S.D. Codified Laws § 1-36-36 — SD Code / Title 1 / Chapter 36 / Section 1-36-36
Criminal background investigation of new employees--Temporary employment--Fees
Status: in_force

Each person hired by the Department of Social Services to serve as a social service aide, family services specialist, family services specialist supervisor, and regional manager in the Division of Child Protection Services or by the Department of Human Services as a home health aide, long term services and supports specialist, long term services and supports supervisor, and regional manager in the Division of Long Term Services and Supports shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The department may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.

Source: SL 2012, ch 29, § 2; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 20, eff. Apr. 13, 2017; SL 2018, ch 16, § 1.
S.D. Codified Laws § 1-39-3 — SD Code / Title 1 / Chapter 39 / Section 1-39-3
Qualifications of secretary
Status: in_force

The secretary of the Department of Game, Fish and Parks shall be qualified by training and experience to administer the programs of the department and shall have such other qualifications as may be specified by statute.

Source: SL 1973, ch 2, § 110.
S.D. Codified Laws § 1-16G-57 — SD Code / Title 1 / Chapter 16G / Section 1-16G-57
Reinvestment payment procedure
Status: in_force

If the projects costs for a new or expanded facility exceeds twenty million dollars or the projects costs for equipment upgrades exceeds two million dollars, a person may apply for a reinvestment payment pursuant to §§ 1-16G-56 to 1-16G-68 , inclusive. The person shall:

(1) Timely file an application as required by § 1-16G-58 ;

(2) Receive a permit from GOED pursuant to § 1-16G-60 ;

(3) Timely file the affidavit of reinvestment payment as required by § 1-16G-61 ; and

(4) Comply with the provisions of §§ 1-16G-56 to 1-16G-68 , inclusive, to qualify for the reinvestment payment.

A project with a construction date on or after April 1, 2013, may receive a reinvestment payment as provided by §§ 1-16G-56 to 1-16G-68 , inclusive.

Source: SL 2013, ch 7, § 25, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-8-11 — SD Code / Title 1 / Chapter 8 / Section 1-8-11
Fees paid by credit cards
Status: in_force

The secretary of state may accept credit cards for the payment of fees.

Source: SL 1993, ch 7, § 1.
S.D. Codified Laws § 1-25-11 — SD Code / Title 1 / Chapter 25 / Section 1-25-11
Recording of open official meeting to be permitted
Status: in_force

No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law.

Source: SL 2016, ch 11, § 1; SL 2019, ch 3, § 9.
S.D. Codified Laws § 1-16B-47 — SD Code / Title 1 / Chapter 16B / Section 1-16B-47
Foreclosure to take title to development project--Sale or lease
Status: in_force

The authority may, as necessary or appropriate to carry out the purposes of this chapter, take title by foreclosure to any development project where such acquisition is necessary to protect any loan previously made by the authority, and may sell, transfer, or convey any such development project to any responsible buyer. If such sale, transfer, or conveyance cannot be effected with reasonable promptness, the authority may, in order to minimize financial losses and sustain employment, lease such development project to a responsible tenant or tenants. However, the authority may not lease development projects except under the conditions and for the purposes cited in this section.

Source: SL 1978, ch 9, § 8 (11); SL 2009, ch 1, § 14.
S.D. Codified Laws § 1-33-4 — SD Code / Title 1 / Chapter 33 / Section 1-33-4
Appointment of bureau heads--Titles
Status: in_force

Except as provided by § 1-33-10 , the heads of the bureaus within the Department of Executive Management are appointed by the Governor and serve at the Governor's pleasure, and each have the title of commissioner.

Source: SL 1973, ch 2, § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2023, ch 3, § 10.
S.D. Codified Laws § 1-36A-1.25 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.25
Legal investigation or action by attorney general--Procedure
Status: in_force

If, in the opinion of the secretary of human services, any matter in regard to the management of any institution under the department's control, or any matter in regard to any patient of any institution under the department's control, requires legal investigation or action of any kind, the secretary shall notify the attorney general, who shall investigate and take any actions the attorney general considers necessary and proper, and report any actions taken and the results thereof to the secretary without delay.

Source: SL 1989, ch 21, § 25; SL 2012, ch 13, § 10.
S.D. Codified Laws § 1-26-6.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.2
Uniform style for rules--Required contents
Status: in_force

Code counsel shall prescribe a uniform style in which rules must be prepared and the standard form and forms to be used in filing rules pursuant to this chapter. The form must contain a provision for a reference to be made by the agency for each rule proposed by it, citing its general authority to promulgate rules and then refer to the section, subdivision, or subsection of statute that the rule is intended to implement, and direct the agency to identify prior rules amended or repealed.

Source: SDC 1939, § 65.0106, 2nd par; repealed SL 1966, ch 159, § 19; re-enacted SL 1972, ch 8, § 9; SL 1989, ch 16, § 8; SL 2025, ch 9, § 12.
S.D. Codified Laws § 1-7-1.2 — SD Code / Title 1 / Chapter 7 / Section 1-7-1.2
Annual meeting with forest service representatives
Status: in_force

The Governor or the Governor's designee shall conduct an annual meeting with representatives of the United States Forest Service to discuss forest service land management programs that affect agricultural productivity on leased forest service land.

Source: SL 1987, ch 9; SL 2023, ch 3, § 3.
S.D. Codified Laws § 1-45-1 — SD Code / Title 1 / Chapter 45 / Section 1-45-1
Department continued
Status: in_force

The Department of Education is hereby continued.

Source: SL 1973, ch 2, § 235; SL 2003, ch 272 (Ex. Ord. 03-1), § 63.
S.D. Codified Laws § 1-16G-73 — SD Code / Title 1 / Chapter 16G / Section 1-16G-73
Definitions relating to new frontiers program
Status: in_force

Terms used in §§ 1-16G-73 to 1-16G-84 , inclusive, mean:

(1) "Board," the Board of Economic Development;

(2) "Commissioner," the commissioner of the Governor's Office of Economic Development;

(3) "Completed the program" or "completion of the program," the first date when the program's schedule of work as outlined in the application required under § 1-16G-75 is finished. In the specific case of a clinical trial for a new pharmaceutical product or medical device, this term means the end date of the clinical trial phase undertaken pursuant to approval by a federal authority;

(4) "Commencement date," the first date preclinical research or clinical trial activities begin pursuant to a program's schedule of work or the terms of an approval by a federal authority. For a person already engaged in a program and relocating to South Dakota from a foreign jurisdiction, commencement date means the date of first full-time occupancy of an office or other facility located in this state;

(5) "Department," the Department of Revenue;

(6) "Federal authority," an agency or instrumentality of the United States government authorized under law to regulate the activities of the program, including the U.S. Food and Drug Administration and the National Institutes of Health;

(7) "GOED," the Governor's Office of Economic Development;

(8) "Person," any individual, firm, copartnership, joint venture, association, cooperative, nonprofit development corporation, limited liability company, limited liability partnership, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit. The term also includes any heirs, assigns, or successors in interest thereto;

(9) "Program," a planned, sustained original research engagement into a new or adapted method, process, product, or technology, or the testing of a new method, process, product, or technology under approval by a federal authority, including a clinical trial for a new pharmaceutical product or medical device;

(10) "Program cost," the amount paid by the program owner in money, credits, property, or other consideration associated with a program including contract labor, materials, equipment, supplies, or fees.

Source: SL 2016, ch 5, § 1.
S.D. Codified Laws § 1-11-44 — SD Code / Title 1 / Chapter 11 / Section 1-11-44
Investigative subpoena--Information obtained--Restricted use--Privacy
Status: in_force

Any business record obtained pursuant to an investigative subpoena must be used solely for official law enforcement purposes and may not be disclosed except as necessary to carry out a criminal investigation or a prosecution, or as otherwise required by law.

In examining business records obtained pursuant to an investigative subpoena, the attorney general or the attorney general's designee shall take all reasonable steps to safeguard the privacy rights of an individual and avoid unnecessary disclosure of personal information concerning any identified person.

Source: SL 2026, ch 2, § 8.
S.D. Codified Laws § 1-18C-6 — SD Code / Title 1 / Chapter 18C / Section 1-18C-6
Employment of additional personnel
Status: in_force

Within limits of available appropriations and according to guidelines established by the Bureau of Human Resources and Administration, the secretary of education may hire additional trained personnel in order to more efficiently index, catalog, and otherwise make accessible to state agencies and the public the permanently valuable records in the custody of the state archives.

Source: SL 1975, ch 24, § 11; SL 1979, ch 353, § 14; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2009, ch 1, § 45; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2012, ch 23, § 90; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16B-43 — SD Code / Title 1 / Chapter 16B / Section 1-16B-43
Maximum percentage of cost loaned to local agency--Assurances as to other financing
Status: in_force

When it has been determined by the authority, after a hearing on an application of an enterprise, that the establishment of a particular development project referred to in the application has accomplished or will accomplish the public purposes of this chapter, the authority may contract to loan the enterprise an amount determined by the authority, subject to the following conditions:

(1) The authority shall first have determined that the enterprise holds funds or property in an amount equal to the enterprise's share of the estimated cost of establishing the development project and that the funds or property will be applied to the project; and

(2) In the event that the enterprise has obtained from other independent and responsible sources a firm commitment for any other funds necessary for payment of all the estimated cost of establishing the development project over and above the loan it is requesting from the authority and the funds or property the enterprise holds, the authority shall determine that the sum of all these funds, together with the machinery and equipment to be provided by the enterprise, is adequate to ensure completion and operation of the plan or facility.

Source: SL 1978, ch 9, § 28; SL 1986, ch 14, § 14.
S.D. Codified Laws § 1-15-20 — SD Code / Title 1 / Chapter 15 / Section 1-15-20
Rules, policies, and procedures for management of institutions and agencies--Inmate discipline
Status: in_force

The Department of Corrections at any time may promulgate rules, pursuant to chapter 1-26 , concerning:

(1) Public contact with inmates through telephone and mail services and visits;

(2) Inmate release date calculations;

(3) Standards for parole supervision and parolee conduct;

(4) Federal and out - of - state inmates housed in state correctional facilities; and

(5) Inmate accounts.

The department may prescribe departmental policies and procedures for the management of its institutions and agencies, including inmate disciplinary matters. Inmate disciplinary matters consist of all matters relating to individual inmate behavior and to all matters relating to the maintenance of order, control, and safety within any institution under the supervision of the Department of Corrections.

Source: SDC 1939, § 55.1715; SL 1955, ch 239, § 6; SL 1964, ch 154; SL 1989, ch 20, § 37; SL 1990, ch 180, § 1; SL 1995, ch 3, § 1.
S.D. Codified Laws § 1-16A-4 — SD Code / Title 1 / Chapter 16A / Section 1-16A-4
Appointment of members of authority--Qualifications
Status: in_force

The authority shall consist of seven members to be appointed by the Governor who are residents of the state. Not more than four of the seven members of the authority may be of the same political party. At least one of the members to be appointed by the Governor must be or must have been a trustee, director, comptroller, or other employee of a public or of a private nonprofit hospital knowledgeable in hospital and health care construction and financing. At least one of the appointed members must be or must have been a trustee, director, comptroller, or other employee of a public or nonprofit private college or university knowledgeable in the construction and financing of such educational facilities. At least one appointed member must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of state and municipal finance. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of health facility architecture. At least one of the appointed members must be a person experienced in and having a favorable reputation for skill, knowledge, and experience in the field of higher educational facility architecture. In making appointments, the Governor shall take into consideration nominees recommended for appointment by professional organizations of hospitals, long term care facilities, higher education associations, investment banking, and architects.

Source: SL 1972, ch 10, § 3; SL 2023, ch 3, § 7.
S.D. Codified Laws § 1-16J-22 — SD Code / Title 1 / Chapter 16J / Section 1-16J-22
Tax and securities exemptions of authority
Status: in_force

The income of the authority and all land, improvements, equipment, fixtures, or other property interests owned by the authority are exempt from all taxation in the State of South Dakota. However, nothing in this section exempts from taxation the value of any leasehold interests in the property of the authority that is held by any third party. The authority is exempt from the provisions of chapter 47-31B .

Source: SL 2009, ch 8, § 22.
S.D. Codified Laws § 1-45-27.1 — SD Code / Title 1 / Chapter 45 / Section 1-45-27.1
Functions of planning commission transferred to secretary of education
Status: in_force

The functions of the Education and Cultural Affairs Planning Commission are transferred to the secretary of education.

Source: SL 1983, ch 389, § 17; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2021, ch 73, § 2.
S.D. Codified Laws § 1-5-8 — SD Code / Title 1 / Chapter 5 / Section 1-5-8
Little Big Horn Recognition Day
Status: in_force

The twenty - fifth day of June, to be known as Little Big Horn Recognition Day, shall be observed in this state as a working holiday. Little Big Horn Recognition Day is dedicated to the remembrance and recognition of the battle of Little Big Horn.

Source: SL 1994, ch 2, § 1.
S.D. Codified Laws § 1-57-1 — SD Code / Title 1 / Chapter 57 / Section 1-57-1
Creation of South Dakota-Ireland Trade Commission--Purposes
Status: in_force

The South Dakota-Ireland Trade Commission is created to:

(1) Advance bilateral trade and investment between this state and Ireland;

(2) Initiate joint action on issues of mutual interest to this state and Ireland;

(3) Promote business and academic exchanges between this state and Ireland;

(4) Encourage mutual economic support between this state and Ireland;

(5) Encourage mutual investment in the infrastructure of this state and Ireland; and

(6) Address any other issues deemed to be of mutual benefit to this state and Ireland.

Source: SL 2024, ch 15, § 1.
S.D. Codified Laws § 1-36A-18 — SD Code / Title 1 / Chapter 36A / Section 1-36A-18
Establishment of interpreter mentoring program for interpreters for the deaf
Status: in_force

The Department of Human Services shall establish and administer a state-wide interpreter mentoring program for interpreters for the deaf. The program may be implemented through contracts with public and private organizations that provide services to persons who are deaf or hard of hearing.

Source: SL 1993, ch 22, § 2; SL 2019, ch 8, § 1.
S.D. Codified Laws § 1-44-38 — SD Code / Title 1 / Chapter 44 / Section 1-44-38
Assumption of federal environmental responsibilities--Sovereign immunity waived
Status: in_force

In cases that involve compliance, discharge, or enforcement of responsibilities assumed by the Department of Transportation under § 1-44-37 , this state waives sovereign immunity from suit in federal court provided under the Eleventh Amendment to the Constitution of the United States.

Source: SL 2026, ch 14, § 2.
S.D. Codified Laws § 1-27-1.4 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.4
Denial letters to be kept on file
Status: in_force

Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request.

Source: SL 2009, ch 10, § 5.
S.D. Codified Laws § 1-50-4 — SD Code / Title 1 / Chapter 50 / Section 1-50-4
Funds of the Department of Agriculture and Natural Resources
Status: in_force

The Department of Agriculture and Natural Resources may accept and expend for the purpose of this chapter any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with § 4-8B-10 .

Source: SL 1991, ch 14, § 5; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-21-4 — SD Code / Title 1 / Chapter 21 / Section 1-21-4
State fair manager--Appointment and duties--Membership in State Fair Commission
Status: in_force

The secretary of agriculture and natural resources shall appoint and may, at pleasure, remove, subject to the approval by the Governor, a state fair manager. The manager shall perform such duties as may be required by the secretary of agriculture and natural resources. The state fair manager shall serve as an ex - officio member of the State Fair Commission.

Source: SDC 1939, § 55.4602; SL 1939, ch 225, § 2; SL 1949, ch 226, § 1; SL 1953, ch 299; SL 1955, ch 256; SL 1964, ch 164, § 1; SL 1967, ch 258, § 1; SL 1977, ch 12; SL 2003, ch 16, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-41-11.2 — SD Code / Title 1 / Chapter 41 / Section 1-41-11.2
Water Management Board--Transfer of certain functions to Board of Water and Natural Resources
Status: in_force

The functions of the Water Management Board relating to water pollution control grants, community water systems grants, and lake protection grants, respectively, are transferred to the Board of Water and Natural Resources.

Source: SL 1981, ch 374, § 17; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1993, ch 34, § 2; SDCL § 1-40-20.1; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021; SL 2021, ch 163, § 1.
S.D. Codified Laws § 1-24-25 — SD Code / Title 1 / Chapter 24 / Section 1-24-25
Term of agreement regarding high school equivalency test--Renewal
Status: in_force

Any agreement reached pursuant to § 1-24-24 shall be for a term not to exceed five years. An agreement, however, is renewable upon expiration by the mutual consent of the parties.

Source: SL 2016, ch 8, § 2.
S.D. Codified Laws § 1-1-2.2 — SD Code / Title 1 / Chapter 1 / Section 1-1-2.2
Vesting and duration of concurrent jurisdiction
Status: in_force

The concurrent jurisdiction ceded by § 1-1-2.1 shall be vested upon acceptance by the United States by and through its appropriate officials and shall continue so long as the lands within the designated areas are dedicated to park purposes.

Source: SL 1980, ch 8, § 2.
S.D. Codified Laws § 1-36-37 — SD Code / Title 1 / Chapter 36 / Section 1-36-37
Statewide centralized resource information system
Status: in_force

The Department of Social Services shall cooperate with and support each county in the development and maintenance of a statewide centralized resource information system accessible to any resident of this state. The resource information system shall be accredited by the Alliance of Information and Referral Systems and shall provide information for and referrals to resources for a person in a crisis or disaster; resources for social services, human services, legal assistance, financial assistance, or for other related needs; and assistance for mental health, physical health, or substance abuse.

Source: SL 2019, ch 7, § 1; SL 2020, ch 6, § 1.
S.D. Codified Laws § 1-26-4.5 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.5
Validation of prior notices of hearings--Limitation on enforcement of vested rights affected
Status: in_force

All notices of hearings on the adoption of rules made prior to July 1, 1984, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1985, such right shall be forever barred. An action or proceeding involving real property may not be brought or maintained in a court of this state unless a notice of such action, made in accordance with chapter 15-10 , was recorded in the office of the register of deeds of the county in which the affected real property is located prior to July 1, 1985.

Source: SL 1984, ch 9, § 3.
S.D. Codified Laws § 1-5-3 — SD Code / Title 1 / Chapter 5 / Section 1-5-3
Past transactions on holidays validated
Status: in_force

Any public or private business heretofore transacted or legal notice published upon any holiday except Sunday is hereby validated and declared to be of the same force and effect as if such business had been transacted or such publication made upon a business or secular day.

Source: SDC 1939, § 65.0301.
S.D. Codified Laws § 1-6-10 — SD Code / Title 1 / Chapter 6 / Section 1-6-10
State floral emblem
Status: in_force

The floral emblem of this state shall be the American pasque flower (pulsatilla hirsutissima) with the motto "I Lead."

Source: SDC 1939, § 55.0109.
S.D. Codified Laws § 1-16G-79 — SD Code / Title 1 / Chapter 16G / Section 1-16G-79
Time for filing affidavit for payment--Final program cost determination--Extension
Status: in_force

The affidavit for new frontiers payment as required by § 1-16G-78 shall be filed no later than six months after the completion of the program. If the affidavit for new frontiers payment is not timely filed, the person is ineligible for a new frontiers payment. If the person filing the affidavit for new frontiers payment knowingly makes any material false statement or report in the affidavit for new frontiers payment, the person is ineligible for a new frontiers payment.

No program costs that occur after eight years from the commencement date are eligible to be included in the final program cost determination for a new frontiers payment, unless an extension is granted at the sole discretion of the board. Any extension granted may not extend beyond twelve years from the commencement date.

Source: SL 2016, ch 5, § 7.
S.D. Codified Laws § 1-7-18 — SD Code / Title 1 / Chapter 7 / Section 1-7-18
Scope of allocation and reallocation authority
Status: in_force

The authority granted by § 1-7-17 only applies to volume or other issuance authority granted directly to the state by federal law or assigned, ceded, or given back to the state by municipalities, counties, or other political subdivisions pursuant to procedures established under the Internal Revenue Code of 1986, as amended, including The American Recovery and Reinvestment Act of 2009.

Source: SL 2010, ch 4, § 2, eff. Mar. 10, 2010.
S.D. Codified Laws § 1-19A-5 — SD Code / Title 1 / Chapter 19A / Section 1-19A-5
State register of historic places--Standards for listing
Status: in_force

The South Dakota State Historical Society shall prepare and maintain a state register of historic places, including all those listed on the national register of historic places. Pursuant to chapter 1-26 , the State Historical Society Board of Trustees shall adopt standards for the listing of a historic property on the state register based on the standards of the national register and shall further adopt standards for the continued listing of a property on the state register, consistent with the relevant federal standards of preservation and care.

Source: SL 1973, ch 14, § 5 (2); SL 1992, ch 6, § 4; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-36A-1.17 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.17
Condemnation of private property authorized--Private property defined--Procedure
Status: in_force

The Department of Human Services may condemn private property for public use. For the purposes of this section, private property includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Human Services considers it necessary to condemn any private property for the purpose of erecting or repairing any building or extending grounds and premises of any of the institutions of the state of which the department has control, the secretary of human services shall, by proper resolution and order, declare such condemnation necessary, stating the purposes and extent thereof, and shall notify the attorney general. Thereupon, the condemnation shall proceed, in the name of the state as plaintiff, as provided in chapter 21-35 .

Source: SL 1989, ch 21, § 17; SL 2012, ch 13, § 5.
S.D. Codified Laws § 1-5-14 — SD Code / Title 1 / Chapter 5 / Section 1-5-14
Purple Heart Recognition Day
Status: in_force

The seventh day of August, to be known as Purple Heart Recognition Day, shall be observed in this state as a working holiday. Purple Heart Recognition Day is dedicated to the remembrance and recognition of those members of the armed forces of the United States who have earned the Purple Heart Medal for wounds received in combat.

Source: SL 2013, ch 2, § 1.
S.D. Codified Laws § 1-26B-6 — SD Code / Title 1 / Chapter 26B / Section 1-26B-6
Burden of proof as to agency proposals--Information furnished by agencies
Status: in_force

All agencies shall have the burden of establishing that sufficient public need is present which justifies the continued existence of their proposed revision of their rules. All agencies shall provide the committee with the following information:

(1) The identity of all agencies under the direct or advisory control of the agency under review, together with their proposed revision of their rules;

(2) All functions performed by the rules of the agency under review;

(3) All duplicatory functions of the rules of the agency under review;

(4) Any other information which a committee determines necessary and proper in carrying out their review and evaluative duties.

Source: SL 1978, ch 18, § 6; SL 1989, ch 18, § 6.
S.D. Codified Laws § 1-16B-37 — SD Code / Title 1 / Chapter 16B / Section 1-16B-37
Power to make loans to local agencies--Repayment provisions
Status: in_force

The authority may, as necessary or appropriate to carry out the purposes of this chapter, make, upon proper application of enterprises, loans to such enterprises for development projects in South Dakota, and may provide for the repayment and redeposit of such allocations and loans in the manner hereinafter provided.

Source: SL 1978, ch 9, § 8(5); SL 1986, ch 14, § 9.
S.D. Codified Laws § 1-19B-1 — SD Code / Title 1 / Chapter 19B / Section 1-19B-1
Legislative findings--Purpose of chapter
Status: in_force

Whereas the Legislature of the State of South Dakota has determined that the historical, architectural, archaeological, paleontological, and cultural heritage of this state is among its most important assets, it is hereby declared to be the purpose of this chapter to authorize the local governing bodies of this state to engage in a comprehensive program of historic preservation, to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state.

Source: SL 1974, ch 21, § 1; SL 1980, ch 12, § 4.
S.D. Codified Laws § 1-32-4.4 — SD Code / Title 1 / Chapter 32 / Section 1-32-4.4
Maximum duration of federally required agency--Extensions
Status: in_force

An advisory council, committee, board, or commission created in response to federal law or regulation may not be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by the Governor and filed with the secretary of state. If the existence of an advisory council is extended, the appointing authority shall specify a new date, not more than two years later, when the existence of the advisory council shall end and file a record of the action in the Office of the Secretary of State. The existence of any advisory council may be extended as many times as necessary.

Source: SL 1976, ch 21, § 3.
S.D. Codified Laws § 1-37-9 — SD Code / Title 1 / Chapter 37 / Section 1-37-9
Electrical Commission transferred
Status: transferred

The Electrical Commission, created by chapter 36-16 , and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Electrical Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 48; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-44-4 — SD Code / Title 1 / Chapter 44 / Section 1-44-4
Transportation Commission created--Appointment and qualifications of members
Status: in_force

There is created the Transportation Commission within the Department of Transportation. The Transportation Commission consists of nine members. The Governor shall appoint the members. All members are full voting members of the commission. Not all members of the commission may be from the same political party. No two members may at the same time be a resident of the same county.

Source: SL 1973, ch 2, § 233; SL 1973, ch 184, § 1; SL 1979, ch 355, §§ 17, 18, 20; SL 1983, ch 391, § 17; SL 1987, ch 391 (Ex. Ord. 87-2), § 17; SL 2010, ch 145, § 1.
S.D. Codified Laws § 1-19B-13 — SD Code / Title 1 / Chapter 19B / Section 1-19B-13
Acquisition of historic properties
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may acquire fee or lesser interests in historic properties, including adjacent or associated lands, by purchase, bequest, or donation.

Source: SL 1974, ch 21, § 3 (2); SL 2009, ch 1, § 76.
S.D. Codified Laws § 1-33-2 — SD Code / Title 1 / Chapter 33 / Section 1-33-2
Governor as head of office
Status: in_force

The head of the Department of Executive Management is the Governor.

Source: SL 1973, ch 2, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 82.
S.D. Codified Laws § 1-16B-26 — SD Code / Title 1 / Chapter 16B / Section 1-16B-26
Trustee's powers in protection of bondholders or noteholders
Status: in_force

The trustee may, and upon written request of the holders of twenty-five percent of the principal amount of the outstanding bonds or notes shall, in the trustee's own name:

(1) Enforce all rights of the bondholders or noteholders, including the rights to require the authority to collect interest and amortization payments on the mortgages held by it, adequate to carry out any agreement as to, or pledge of, such interest and amortization payments, to collect and enforce the payment of principal and interest due or becoming due on loans to mortgage lenders and collect and enforce any collateral securing such loans or sell such collateral, so as to carry out any contract as to, or pledge of such revenues, and to require the authority to perform the terms of any contract with the holders of the bonds or notes and to perform its duties under this chapter;

(2) Bring suit upon all or any part of the bonds or notes;

(3) Require the authority to account as if it were the trustee of an express trust for the holders of the bonds or notes;

(4) Enjoin any acts which may be unlawful or in violation of the rights of the holders of the bonds or notes;

(5) Declare all bonds or notes due and payable, and, if all defaults shall be made good, then, with the consent of the holders of twenty-five percent of the principal amount of the outstanding bonds or notes, annul the declaration and its consequences.

Source: SL 1978, ch 9, § 22; SL 2009, ch 1, § 11.
S.D. Codified Laws § 1-30-3 — SD Code / Title 1 / Chapter 30 / Section 1-30-3
Designation by state officers of emergency interim successors
Status: in_force

All state officers, subject to such regulations as the Governor (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may issue, shall, in addition to any deputy authorized pursuant to law to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this chapter to ensure their current status. The officer will designate a sufficient number of such emergency interim successors so that there will be not less than three, nor more than seven, such deputies or emergency interim successors or any combination thereof, at any time.

Source: SL 1961, ch 285, § 4.
S.D. Codified Laws § 1-16A-94 — SD Code / Title 1 / Chapter 16A / Section 1-16A-94
Promulgation of rules establishing forecasting methodology
Status: in_force

The South Dakota Board of Technical Education shall promulgate rules pursuant to chapter 1-26 establishing a methodology for forecasting anticipated contributions from student tuition and fees and additional state appropriations available pursuant to a lease purchase agreement to meet the projected scheduled payments of principal and interest on all outstanding bonds and other benchmarks.

Source: SL 2013, ch 6, § 2; SL 2017, ch 81, § 49.
S.D. Codified Laws § 1-24-10 — SD Code / Title 1 / Chapter 24 / Section 1-24-10
Severability of provisions
Status: in_force

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

Source: SL 1966, ch 187, § 10.
S.D. Codified Laws § 1-26-8.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-8.1
Retroactive effect of acts prohibiting certain rules--Repealed or unconstitutional statutes--Effect of transfer of rule-making authority to another agency
Status: in_force

If an act is passed by the Legislature which prohibits an agency from passing rules relating to a certain subject, any prior rule promulgated by that agency relating to that subject shall become void on the effective date of the act.

If a statute which authorizes an agency to pass a rule is repealed, or declared unconstitutional by the South Dakota or United States Supreme Court, any rule which was authorized by that statute is void unless there is another valid statute which also authorized the agency to pass that rule. If an agency's authority to adopt rules is transferred to another agency, and no provision is specified for the disposition of the first agency's rules in the legislation or executive order which made the transfer, the rules of the first agency shall be the rules of the second agency until they are amended or repealed.

Source: SL 1977, ch 13, § 10; SL 1983, ch 5, § 3.
S.D. Codified Laws § 1-47-3 — SD Code / Title 1 / Chapter 47 / Section 1-47-3
Performance of departmental functions
Status: in_force

The Department of Revenue shall, under the direction and control of the secretary of revenue, perform all the functions of the Department of Revenue created by chapter 10-1 .

Source: SL 1973, ch 2, §§ 54, 280; SL 2003, ch 272 (Ex. Ord. 03-1) § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 111, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-39-2.1 — SD Code / Title 1 / Chapter 39 / Section 1-39-2.1
Nomination of persons for position of secretary of game, fish and parks
Status: in_force

In addition to the other functions and responsibilities of the Game, Fish and Parks Commission, the commission shall nominate, not less than three persons for the position of secretary of game, fish and parks, who shall be appointed by and serve at the pleasure of the Governor.

Source: SL 1987, ch 392 (Ex. Ord. 87-3), § 17; SDCL § 1-32-3.1 .
S.D. Codified Laws § 1-41-23 — SD Code / Title 1 / Chapter 41 / Section 1-41-23
Establishment of the environment and natural resources fee fund--Source of fund--Administration--Expenditures--Unexpended funds
Status: in_force

There is hereby established in the state treasury the environment and natural resources fee fund. Unless otherwise provided by law, this fund shall consist of all fees imposed pursuant to Titles 34A, 45, 46, and 46A, and chapters 1-41 , 10-39B , and 34-44 and legislative appropriations, federal grants, gifts, and civil penalties designated for deposit in the fund. The fund shall be maintained separately and administered by the department to defray the expenses associated with the programs administered by the department and any other purpose authorized by law. Expenditures from the fund shall be budgeted through the normal budget process. Unexpended funds and interest shall remain in the fund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 95; SL 1994, ch 23, § 1; SDCL § 1-40-30; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-49-4 — SD Code / Title 1 / Chapter 49 / Section 1-49-4
State laboratory fund
Status: in_force

Any money received pursuant to this chapter shall be deposited in a special revenue fund in the state treasury which is established and designated as the state laboratory fund. All receipts therein shall be available to the State Public Health Laboratory and may be expended pursuant to chapters 4-7 , 4-8 , and 4-8A .

Source: SL 1985, ch 283, § 4; SL 2019, ch 11, § 4.
S.D. Codified Laws § 1-26-40 — SD Code / Title 1 / Chapter 26 / Section 1-26-40
Severability of provisions
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and for this purpose the provisions of this chapter are severable.

Source: SL 1966, ch 159, § 18.
S.D. Codified Laws § 1-47-14 — SD Code / Title 1 / Chapter 47 / Section 1-47-14
Real Estate Commission transferred
Status: transferred

The Real Estate Commission created by chapter 36-21A and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Real Estate Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 55, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 121, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-44-7.5 — SD Code / Title 1 / Chapter 44 / Section 1-44-7.5
Promulgation of rules regarding county highway and bridge improvement plans
Status: in_force

The Transportation Commission shall promulgate rules, pursuant to chapter 1-26 , to establish the requirements for a county highway and bridge improvement plan that details proposed county highway and bridge improvement projects in a county for the next five years. The rules shall provide for the format of the plan and the time by which an update of the plan must be submitted each year.

Source: SL 2015, ch 165, § 3, eff. Apr. 1, 2015.
S.D. Codified Laws § 1-18B-7 — SD Code / Title 1 / Chapter 18B / Section 1-18B-7
Publication and distribution agreements
Status: in_force

The State Historical Society Board of Trustees may enter into contract or agreement, with any society or organization within the state organized for the purpose of gathering and preserving facts relative to the history of the state or a portion thereof, to publish, sell, or distribute, or assist in publishing, selling, or distributing any publication issued by the board, as the board may deem advisable.

Source: SL 1974, ch 9, § 8.
S.D. Codified Laws § 1-7-10 — SD Code / Title 1 / Chapter 7 / Section 1-7-10
Private activity bond fees fund established
Status: in_force

There is hereby established in the state treasury a private activity bond fees fund. Each year, the fees from the private activity bond fees fund shall be transferred to the South Dakota housing opportunity fund. All money in the fund shall be expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the Governor.

Source: SL 1989, ch 8, § 2; SL 1990, ch 9; SL 2002, ch 11, § 1; SL 2018, ch 10, § 14.
S.D. Codified Laws § 1-54-15 — SD Code / Title 1 / Chapter 54 / Section 1-54-15
Criteria for priority projects
Status: in_force

In selecting grant recipients, the department shall give priority to projects that meet the requirements of this chapter and show commitment to increasing student success through building cultural identities, encouraging academic perseverance, supporting the development of the whole child, and encouraging student leadership skills by demonstrating one or more of the following characteristics:

(1) Offering programming designed to lead to postsecondary readiness and work readiness;

(2) Supporting the recruitment and retention of highly effective teachers and administrators;

(3) Demonstrating commitment to the implementation of the Oceti Sakowin Essential Understandings and Standards across the curriculum;

(4) Demonstrating a commitment to the implementation of courses offering instruction in Dakota, Lakota, or Nakota languages;

(5) Maintaining a school environment that cultivates diversity of the student population and promotes a sense of belonging;

(6) Forming partnerships with community organizations or governmental entities; and

(7) Planning for sustainability.

Source: SL 2016, ch 86, § 3; SDCL § 13-14-18 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 25, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-13-15 — SD Code / Title 1 / Chapter 13 / Section 1-13-15
Participation by other law enforcement agencies
Status: in_force

The Department of Public Safety may authorize other law enforcement agencies to participate in the South Dakota law enforcement telecommunications system upon such terms and conditions as are necessary to protect the security of the network.

Source: SL 1975, ch 11, § 5; SL 2015, ch 5, § 9.
S.D. Codified Laws § 1-49-3 — SD Code / Title 1 / Chapter 49 / Section 1-49-3
Duties of state laboratory
Status: in_force

The State Public Health Laboratory shall:

(1) Set appropriate performance standards and qualifications of the laboratory employees;

(2) Administer state and federal laws which pertain to public laboratory licensure, certification, or both; and

(3) Promulgate rules, pursuant to chapter 1-26 , to establish the method to determine the fee for each test or service. The fee may not exceed the cost incurred for performing the test or service, including laboratory operation, equipment, and maintenance.

Source: SL 1985, ch 283, § 3; SL 1995, ch 12; SL 2019, ch 11, § 3.
S.D. Codified Laws § 1-41-1 — SD Code / Title 1 / Chapter 41 / Section 1-41-1
Department continued
Status: in_force

The Department of Agriculture is hereby continued as the Department of Agriculture and Natural Resources. The former Department of Environment and Natural Resources, also formerly known as the Department of Natural Resource Development and as the Department of Water and Natural Resources, is hereby continued as the Department of Agriculture and Natural Resources. The Department of Agriculture and Natural Resources shall protect and promote agriculture as South Dakota's most vital industry, and it will preserve our natural resources and the environment through sound management.

Source: SL 1973, ch 2, § 127; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 42, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-7-16 — SD Code / Title 1 / Chapter 7 / Section 1-7-16
Use of state or federal armed forces to suppress riot or unlawful assembly
Status: in_force

The Governor, as commander-in-chief of the armed forces of the state, may call out armed forces to suppress any riot or unlawful assembly. If such armed forces are insufficient to suppress the riot or unlawful assembly, the Governor may apply to the military forces of the United States for a force sufficient to suppress such riot or unlawful assembly.

Source: SDC 1939 & Supp 1960, § 34.0204; SDCL, §§ 23-11-3, 23-11-4; SL 1976, ch 158, § 10-7 ; SDCL § 22-10-13 ; SL 2005, ch 120, § 351.
S.D. Codified Laws § 1-52-2 — SD Code / Title 1 / Chapter 52 / Section 1-52-2
Department of Tourism and State Development abolished--Functions transferred
Status: transferred

The Department of Tourism and State Development is abolished. The position of secretary of tourism and state development is abolished. The following functions of the former Department of Tourism and State Development are transferred to the Department of Tourism:

(1) Office of Tourism;

(2) Board of Tourism;

(3) State Arts Council; and

The secretary of the Department of Tourism shall perform the functions of the former secretary of the Department of Tourism and State Development related to tourism.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 59, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 57, 66, 122, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 26, eff. Apr. 20, 2015.
S.D. Codified Laws § 1-6-4 — SD Code / Title 1 / Chapter 6 / Section 1-6-4
State flag--Description
Status: in_force

The state flag or banner shall consist of a field of sky - blue one and two - thirds as long as it is wide. Centered on such field shall be the great seal of South Dakota made in conformity with the terms of the Constitution, which shall be four - ninths the width of the flag in diameter. The seal shall be on a white background with the seal outlined in dark blue or, in the alternative, shall be on a sky - blue background with the seal outlined in dark blue thereon. Surrounding the seal in gold shall be a serrated sun whose extreme width shall be five - ninths the width of the flag. The words "South Dakota" symmetrically arranged to conform to the circle of the sun and seal shall appear in gold letters one - eighteenth the width of the field above the sun and seal and the words "The Mount Rushmore State" in like - sized gold letters and in like arrangement shall appear below the sun and seal. Flags designed of such material as may be provident for outdoor use need have no fringe but flags for indoor and display usage shall have a golden fringe one - eighteenth the width of the flag on the three sides other than the hoist.

Source: SDC 1939, § 55.0108; SL 1939, ch 205; SL 1963, ch 419, § 1; SL 1992, ch 1, § 2.
S.D. Codified Laws § 1-24-15 — SD Code / Title 1 / Chapter 24 / Section 1-24-15
Agreements for investment of public moneys
Status: in_force

Any public body or participating public agency may enter into agreements or other arrangements for the investment of public moneys or other funds with the authority under the provisions of § 1-16A-19 so long as the agreement or other arrangement relates to a loan, lease or other financing which is authorized to be undertaken by the authority under chapter 1-16A .

Source: SL 1991, ch 11, § 6.
S.D. Codified Laws § 1-26-4.9 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.9
Authority of Interim Rules Review Committee
Status: in_force

The Interim Rules Review Committee may:

(1) Declare that the rule-making process is complete to the satisfaction of the committee;

(2) Revert the rule to an earlier step in the rule adoption procedure pursuant to § 1-26-4.7 to consider an amendment to the proposed rule; or

(3) Move to suspend the proposed rule pursuant to § 1-26-38 .

Source: SL 2013, ch 10, § 1.
S.D. Codified Laws § 1-45-1.2 — SD Code / Title 1 / Chapter 45 / Section 1-45-1.2
Division of Library Services created--State Library Office transferred
Status: transferred

There is created a Division of Library Services within the Department of Education. The State Library Office is transferred from the Division of Cultural Affairs in the former Department of Education and Cultural Affairs to the Division of Library Services in the Department of Education.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 64.
S.D. Codified Laws § 1-36A-1.2 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.2
Secretary as head of department
Status: in_force

The head of the Department of Human Services is the secretary of human services. The secretary of human services shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to S.D. Const., Art. IV, § 9. The secretary of human services shall be qualified by training and experience to administer the programs of the Department of Human Services and have such other qualification as may be specified by statute.

Source: SL 1989, ch 21, § 2.
S.D. Codified Laws § 1-24-7 — SD Code / Title 1 / Chapter 24 / Section 1-24-7
Appropriation of funds and services to carry out agreement
Status: in_force

Any public agency entering into an agreement pursuant to §§ 1-24-2 to 1-24-9 , inclusive, may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.

Source: SL 1966, ch 187, § 8.
S.D. Codified Laws § 1-16B-49 — SD Code / Title 1 / Chapter 16B / Section 1-16B-49
Cumulative rights and powers of authority
Status: in_force

The rights, powers, authority, privileges, functions, and other properties of the South Dakota Economic Development Finance Authority, whether derived under this chapter, by executive order, or otherwise are cumulative and may be exercised by the authority either separately or in any combination as the board of the authority may determine to be necessary or appropriate.

Source: SL 1987, ch 16, § 5; SL 2020, ch 4, § 29.
S.D. Codified Laws § 1-33-39 — SD Code / Title 1 / Chapter 33 / Section 1-33-39
Appointment of commissioner of Bureau of Information and Technology
Status: in_force

The commissioner of the Bureau of Information and Technology shall be appointed by, and serve at, the pleasure of the Governor.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 19; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-37-18 — SD Code / Title 1 / Chapter 37 / Section 1-37-18
Real Estate Commission transferred
Status: transferred

The Real Estate Commission, created by chapter 36-21A , and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Real Estate Commission.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 41, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19B-57 — SD Code / Title 1 / Chapter 19B / Section 1-19B-57
Conservation easement creation, modification, transfer, and termination
Status: in_force

A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. The term of the conservation easement shall be established by the parties to the easement. No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and recording the acceptance. An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

Source: SL 1984, ch 280, § 2; SL 2005, ch 14, § 1.
S.D. Codified Laws § 1-19A-13.1 — SD Code / Title 1 / Chapter 19A / Section 1-19A-13.1
Historical preservation loan and grant fund established--Purpose--Sources of funds
Status: in_force

There is established a historical preservation loan and grant fund in the South Dakota State Historical Society. The purpose of such fund is to make loans and grants to purchase, restore, or develop historic South Dakota properties for residential, commercial, or public purposes. The State Historical Society Board of Trustees, with the approval of the Governor, may accept into the loan fund any funds which may be obtained from repayment of loan principal, interest, gifts, grants, or contributions.

Source: SL 1977, ch 19, §§ 1, 4; SL 1994, ch 332, § 2; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-1-9 — SD Code / Title 1 / Chapter 1 / Section 1-1-9
Map of federal acquisitions to be filed--Recording of evidence of title
Status: in_force

A map of any land acquired by the United States, under the provisions of this chapter, shall be filed and recorded in the Office of the Secretary of State and the evidence of the United States' title shall be recorded in the county wherein the land is situated as in other cases relating to the transfer of real property.

Source: SDC 1939, § 55.0104.
S.D. Codified Laws § 1-27-4 — SD Code / Title 1 / Chapter 27 / Section 1-27-4
Format of open record
Status: in_force

Any record made open to the public pursuant to this chapter shall be maintained in its original format or in any searchable and reproducible electronic or other format. This chapter does not mandate that any record or document be kept in a particular format nor does it require that a record be provided to the public in any format or media other than that in which it is stored.

Source: SL 1963, ch 327, § 1; SL 1971, ch 9; SL 2000, ch 6, § 1; SL 2005, ch 19, § 1; SL 2009, ch 10, § 10.
S.D. Codified Laws § 1-33B-3.10 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.10
Funds for payment of energy performance contract
Status: in_force

A governmental unit may pay for an energy performance contract with funds designated for operating costs, capital expenditures, utility costs, lease payments, installment payment contracts, lease purchase agreements, or bonds issued pursuant to law.

Source: SL 2016, ch 14, § 12.
S.D. Codified Laws § 1-1-28 — SD Code / Title 1 / Chapter 1 / Section 1-1-28
Exception to application of provisions of §1-1-27
Status: in_force

The provisions of § 1-1-27 do not apply:

(1) If the transfer is the result of an eminent domain proceeding; or

(2) If the transfer is a sale negotiated under threat of an eminent domain proceeding or under circumstances in which acquisition of the property by an eminent domain proceeding would be justified; or

(3) If the transfer involves less than forty acres of unimproved land or less than five hundred thousand dollars worth of improved real estate; or

(4) If the transfer involves the trade of tracts of land of substantially equal value between the state government or any of its entities and the federal government or any of its entities.

Source: SL 2004, ch 4, § 2.
S.D. Codified Laws § 1-18-26 — SD Code / Title 1 / Chapter 18 / Section 1-18-26
Duties assigned to officers
Status: in_force

All officers shall perform such duties as may from time to time be imposed or required by the board of trustees or by law.

Source: SDC 1939, § 29.0117.
S.D. Codified Laws § 1-1-26 — SD Code / Title 1 / Chapter 1 / Section 1-1-26
Acceptance by state agencies or higher education facilities of matricula consular card as identification
Status: in_force

No state agency, state supported university, or technical college may accept a matricula consular card or substantially similar document issued by the Mexican Consulate as proof of identification for any purpose.

Source: SL 2004, ch 3, § 1; SL 2020, ch 61, § 28.
S.D. Codified Laws § 1-45-6.2 — SD Code / Title 1 / Chapter 45 / Section 1-45-6.2
Vacancies on board--Meetings of board
Status: in_force

The initial term of office shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term. The South Dakota Board of Education Standards shall meet at least four times annually. Special meetings may be held at the call of the president or, in the president's absence, a majority of the board or at the call of the secretary of the Department of Education.

Source: SL 1985, ch 401, § 19; SL 1991, ch 20 (Ex. Ord. 91-6), §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2017, ch 81, § 57; SL 2021, ch 73, § 1.
S.D. Codified Laws § 1-33B-15 — SD Code / Title 1 / Chapter 33B / Section 1-33B-15
Promulgation of rules
Status: in_force

The Governor's Office of Economic Development may adopt rules, pursuant to chapter 1-26 , to establish procedures to implement loan, lease, and grant programs, including programs developed pursuant to the Institutional Conservation Program as authorized by P.L. 95-691, 92 Stat 3238, 42 U.S.C. 6371, and 10 CFR 455 and for the acceptance and expenditure of any other funds obtained from federal sources, gifts, contributions, or any other source. However, no such funds may be expended until appropriated by the Legislature. The rules may:

(1) Establish the procedures for applicants to apply for loans, leases, or grants under this section;

(2) Establish the criteria for determining which applicants will receive such loans, leases, or grants;

(3) Establish the use of proceeds of such loans, leases, or grants;

(4) Establish the criteria for the terms and conditions upon which such loans, leases, or grants shall be made, including the terms of security given, if any, to secure loans or leases;

(5) Establish the use of proceeds by lenders of funds advanced to such lenders under this section, including the terms and conditions upon which such proceeds shall be loaned to borrowers for the purposes described in this section;

(6) Establish the criteria for the lease and purchase plans, determining the type of equipment and the terms under which it may be leased;

(7) Establish the criteria and procedures for the repayment and redeposit of loan and lease payments;

(8) Establish the criteria and procedures for monitoring use of loan or grant funds and leased equipment, including on-site review; and

(9) Establish the criteria and procedures for terminating the loan, lease, or grant in case of violations of rules established under this section governing the use of funds loaned or granted or equipment leased.

Source: SL 1991, ch 16, § 5; SL 1994, ch 410 (Ex. Ord. 93-9), § 17; SL 2009, ch 1, § 124; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 95, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16A-56 — SD Code / Title 1 / Chapter 16A / Section 1-16A-56
Conveyance of facility to participating institution when debt paid
Status: in_force

When the principal of and interest on bonds issued by the authority to finance the cost of facilities or to refinance outstanding indebtedness of one or more participating health institutions or participating educational institutions, as the case may be, including any refunding bonds issued to refund and refinance such bonds, have been fully paid and retired or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution, the lease, the trust indenture and the mortgage or deed of trust, if any, authorizing and securing the same have been satisfied and the lien of such mortgage or deed of trust has been released in accordance with the provisions thereof, the authority shall promptly do all things and execute such deeds and conveyances as are necessary and required to convey its right, title and interest in such facilities so financed, and any other facilities mortgaged to secure the bonds, to such participating health institution or institutions or to such participating educational institution or institutions, as the case may be.

Source: SL 1972, ch 10, § 16.
S.D. Codified Laws § 1-24-6.1 — SD Code / Title 1 / Chapter 24 / Section 1-24-6.1
Agreements filed with attorney general and Legislative Research Council--Time
Status: in_force

A copy of any agreement entered into pursuant to this chapter to which any state agency is a party shall be filed with the attorney general and the Legislative Research Council not more than fourteen days after being executed.

Source: SL 1975, ch 14, § 2; SL 1976, ch 13; SL 1980, ch 15, § 4; SL 1980, ch 16.
S.D. Codified Laws § 1-11-13 — SD Code / Title 1 / Chapter 11 / Section 1-11-13
Costs of providing information--Reimbursement of attorney general
Status: in_force

The attorney general may require persons requesting information to reimburse him for the actual costs of providing such information, other than proposed rules. The reimbursable costs include, but are not limited to, the cost of published documents, clerical time, and document reproduction.

Source: SL 1982, ch. 7, § 1.
S.D. Codified Laws § 1-25-1.7 — SD Code / Title 1 / Chapter 25 / Section 1-25-1.7
Agenda--Details required--Penalty
Status: in_force

A proposed agenda, as required by § 1-25-1.1 or 1-25-1.3 , must list all items to be considered by a public body during any official meeting.

The proposed agenda items must be described in sufficient detail to reasonably inform the public of any official business or public policy intended to be considered at the meeting.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2026, ch 5, § 1.
S.D. Codified Laws § 1-18B-10 — SD Code / Title 1 / Chapter 18B / Section 1-18B-10
Certified copies of documents as evidence
Status: in_force

A duly certified copy of any paper, document, article, or advertisement in the custody of the South Dakota State Historical Society made and certified by an executive officer thereof may be accepted as prima facie evidence of the contents thereof in any court or proceeding in this state.

Source: SDC 1939, § 29.0309; SDCL § 1-18-35; SL 1974, ch 9, § 10; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 24, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-36A-10.2 — SD Code / Title 1 / Chapter 36A / Section 1-36A-10.2
Interpreting defined
Status: in_force

For the purposes of §§ 1-36A-10.1 to 1-36A-16 , inclusive, the term, interpreting, means the process of providing accessible communication between and among persons who are deaf or hard-of-hearing and those who are hearing. This process includes communication between American Sign Language and English. Interpreting may involve various other modalities that involve visual, gestural, and tactile methods.

Source: SL 2006, ch 6, § 1.
S.D. Codified Laws § 1-6-16.2 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.2
State jewelry
Status: in_force

It having been judicially determined that the name "Black Hills gold" can only be utilized for jewelry manufactured in the Black Hills of South Dakota, Black Hills gold is hereby designated as the official jewelry of the State of South Dakota.

Source: SL 1988, ch 7.
S.D. Codified Laws § 1-26-32.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-32.3
Costs of transcript--Endorsement of order by reporter--Extension of time for transcript
Status: in_force

At the time of ordering a transcript of the contested case hearing a party, other than an agency, must make satisfactory arrangements with the agency or reporter, if present, for the payment of the costs of the transcript and all necessary copies. The agency or reporter shall acknowledge at the foot of the order receipt of the request for the transcript and transmit the order to the clerk of the circuit court. If the transcript cannot be completed within thirty days, the agency or reporter shall request an extension of time from the circuit court judge assigned to the appeal and the action of the circuit court judge shall be entered on the record and the parties notified.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-2.
S.D. Codified Laws § 1-16G-11 — SD Code / Title 1 / Chapter 16G / Section 1-16G-11
Documentary material consisting of trade secrets exempt from disclosure--Discussion of or action on trade secrets at meeting closed to public
Status: in_force

Any documentary material or data made or received by the Board of Economic Development or Governor's Office of Economic Development for the purpose of furnishing assistance to a business, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, may not be considered public records, and is exempt from disclosure pursuant to the provisions of §§ 1-16G-3 to 1-16G-11 , inclusive. Any discussion, consideration of, or action upon such trade secrets or commercial or financial information by the Board of Economic Development may be done in executive session closed to the public, notwithstanding the provisions of the open meeting laws of this state.

Source: SL 1987, ch 98, § 15B; SL 1988, ch 17, § 1; SDCL 1-42-28 .
S.D. Codified Laws § 1-16A-61 — SD Code / Title 1 / Chapter 16A / Section 1-16A-61
Powers supplementary
Status: in_force

The powers conferred by this chapter shall be in addition and supplementary to, and the limitations by this chapter shall not affect the powers conferred by any other law.

Source: SL 1972, ch 10, § 22.
S.D. Codified Laws § 1-46-1 — SD Code / Title 1 / Chapter 46 / Section 1-46-1
Department created--Adjutant general as head
Status: in_force

There is hereby created a Department of the Military. The head of the Department of the Military is the adjutant general who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 1973, ch 2, § 268; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-53-44 — SD Code / Title 1 / Chapter 53 / Section 1-53-44
Enforcement by court action--Injunctive relief
Status: in_force

In addition to any other remedy provided by law, the commissioner may proceed by suit in any court of competent jurisdiction to enforce the terms and provisions of §§ 1-53-38 to 1-53-47 , inclusive, and of any license issued pursuant to §§ 1-53-38 to 1-53-47 , inclusive. The commissioner may as a part of any such suit seek injunctive relief.

Source: SL 2005, ch 218, § 7, eff. Mar. 8, 2005; SDCL § 39-24-7 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 64, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-19B-17 — SD Code / Title 1 / Chapter 19B / Section 1-19B-17
Lease or disposition of historic properties--Rights reserved
Status: reserved

Any county or municipal historic preservation commission established pursuant to this chapter may lease, sell, and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.

Source: SL 1974, ch 21, § 3 (4); SL 2009, ch 1, § 79.
S.D. Codified Laws § 1-43-11 — SD Code / Title 1 / Chapter 43 / Section 1-43-11
Cancer data collection system
Status: in_force

The Department of Health shall establish and maintain a central cancer data collection system for cancer cases in South Dakota in accordance with the confidentiality provisions of § 34-14-1 and the terms of §§ 1-43-11 to 1-43-17 , inclusive.

Source: SL 1991, ch 18, § 1.
S.D. Codified Laws § 1-19A-11 — SD Code / Title 1 / Chapter 19A / Section 1-19A-11
Promulgation of rules regarding properties
Status: in_force

The State Historical Society Board of Trustees shall promulgate rules pursuant to chapter 1-26 to acquire and dispose of historic properties and specimens and for the preservation, restoration, maintenance, and operation of properties under the jurisdiction of the South Dakota State Historical Society.

Source: SL 1973, ch 14, § 5 (4); SL 1985, ch 8, § 3; SL 2009, ch 1, § 61; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-41-18 — SD Code / Title 1 / Chapter 41 / Section 1-41-18
Transfer of functions relating to air quality and solid waste, radiation monitoring, mineral exploration, and control of hazardous materials and wastes
Status: in_force

The functions of the Department of Health, the secretary of health, and the director of the Division of Environmental Health pursuant to chapters 34A-1 and 34A-6 , their functions relating to radiation monitoring and control for mineral exploration, mining, milling, and processing pursuant to chapter 34-21 , and their functions dealing with the generation, transportation, treatment, storage, and disposal of hazardous materials and wastes are transferred to the department and secretary of agriculture and natural resources. The personnel and budget of the Division of Environmental Health are transferred to the Department of Agriculture and Natural Resources.

Source: SL 1981, ch 374, § 25; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-24; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16H-5 — SD Code / Title 1 / Chapter 16H / Section 1-16H-5
Board of directors--Appointment and terms
Status: in_force

The governing and administrative powers of the authority are vested in its board of directors, consisting of seven voting members. The president of the South Dakota School of Mines and Technology and the president of Black Hills State University are ex-officio, nonvoting members. The Governor shall appoint the voting members, with the advice and consent of the Senate. Not all voting members of the board may be of the same political party. The terms of the voting members of the board are six years. Members of the board may serve more than one term.

Source: SL 2004, ch 15, § 5, eff. Feb. 11, 2004; SL 2014, ch 8, § 1; SL 2023, ch 4, § 1.
S.D. Codified Laws § 1-16A-32 — SD Code / Title 1 / Chapter 16A / Section 1-16A-32
Refunding loans to participating institutions--Findings required
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to make loans to or for the benefit of a participating health institution or participating educational institution, as the case may be, to refund outstanding obligations, mortgages or advances issued, made or given by such institution for the cost of its facilities including the function to issue bonds and make loans to a participating health institution or participating educational institution, as the case may be, to refinance indebtedness incurred for facilities undertaken and completed prior to or after the enactment of this chapter whenever the authority finds that such financing is in the public interest, alleviates a financial or contractual hardship upon the participating health institution or participating educational institution, as the case may be, or results in a lesser cost of patient care or cost of education and a saving to third parties, including state or federal governments, and to others who must pay for such care or education. Such loans may be made to any entity affiliated with a participating health institution or participating educational institution, as the case may be, if the proceeds of such loans are made available to or otherwise applied for the benefit of such participating health institution or participating educational institution, as the case may be.

Source: SL 1972, ch 10, § 7 (14); SL 1998, ch 7, § 3; SL 2004, ch 9, § 4.
S.D. Codified Laws § 1-16H-31.5 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.5
Notice of hearing on right to take--Waiver of right to question necessity--Order of court
Status: in_force

Upon filing of a declaration of taking pursuant to § 1-16H-31.3 , the court may fix the time within which, and the terms upon which, the parties in possession are required to surrender possession to the authority. A notice shall be issued stating that if the defendants do not appear in or respond to the proceedings within thirty days after service of the notice, exclusive of the day of service, the authority shall apply to the court for an order of possession. A notice of hearing shall then be issued by the court and served as provided in § 1-16H-31.6 upon the record owners of all subsurface property sought to be acquired or damaged. The notice shall state a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by § 21-35-10.1 is filed, in which case the hearing may be held sooner. The court may make such orders in respect to encumbrances, liens, rents, taxes, assessments, insurance and other charges, if any, as are just and equitable.

Source: SL 2005, ch 12, § 5.
S.D. Codified Laws § 1-44-7.3 — SD Code / Title 1 / Chapter 44 / Section 1-44-7.3
Promulgation of rules regarding public transportation assistance grants
Status: in_force

The Transportation Commission shall promulgate rules, pursuant to chapter 1-26 , for administration, terms, and conditions for the disbursements of money to those eligible for public transportation assistance grant funds.

Source: SL 1992, ch 21, § 3; SL 2007, ch 28, § 8; SL 2019, ch 10, § 1.
S.D. Codified Laws § 1-22-16 — SD Code / Title 1 / Chapter 22 / Section 1-22-16
Rights to ownership of acquired artwork
Status: in_force

The state shall receive the rights to sole ownership and public display of all art acquired under §§ 1-22-9 to 1-22-17 , inclusive, subject to the following rights retained by the artist:

(1) The right to claim authorship of the work of art;

(2) The right to have the artist's name associated with the work;

(3) The right to prevent degradation, mutilation, or aesthetic ruining of the work;

(4) The right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws, including derivative and publishing rights but excluding rights to public display. Such rights may be limited by written consent;

(5) If provided by written consent, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the state to a third party other than as part of a sale of the building in which the work of art is located;

(6) If provided by written consent, the artist's rights may extend to the artist's heirs, assignees, or personal representative until the end of the twentieth year following the death of such artist.

Source: SL 1989, ch 14, § 8; SL 2009, ch 1, § 119.
S.D. Codified Laws § 1-11-12 — SD Code / Title 1 / Chapter 11 / Section 1-11-12
Annual report to Governor
Status: in_force

The attorney general shall make a report to the Governor in each year, showing the business transacted in his office.

Source: SDC 1939, § 55.1506; SL 1980, ch 23, § 8.
S.D. Codified Laws § 1-10-10 — SD Code / Title 1 / Chapter 10 / Section 1-10-10
Indemnity provisions in bank contracts
Status: in_force

The state treasurer is authorized to include indemnity provisions in contracts with banks regarding the establishment and maintenance of accounts for the provision of payment processing.

Source: SL 2019, ch 25, § 2.
S.D. Codified Laws § 1-16H-31.1 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.1
Subsurface property defined
Status: in_force

For the purpose of §§ 1-16H-31.1 to 1-16H-31.10 , inclusive, the term, subsurface property, means complete fee title to real property located one hundred feet or more below the surface, including the right to use such real property to construct, operate, support and maintain underground facilities, for scientific and technological experimentation and exploration, for the commercial exploitation of the subsurface for purposes other than mineral extraction, and for any other lawful purpose. The term, subsurface property, does not include ownership or the right to occupancy of the surface.

Source: SL 2005, ch 12, § 1.
S.D. Codified Laws § 1-26-31.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-31.3
Change of venue
Status: in_force

The circuit court to which the appeal is first taken may, upon good cause shown and upon such terms or provisions for expense as it may deem reasonable in favor of any party objecting, and on application and notice within thirty days after the appeal is taken, change the venue to the circuit court for any other county.

Source: SDC 1939 & Supp 1960, § 33.4207; SDCL, § 21-33-8; SL 1975, ch 17, § 6; SL 1999, ch 8, § 1; SL 2000, ch 5, § 1.
S.D. Codified Laws § 1-6-16.7 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.7
State dessert
Status: in_force

Kuchen is hereby designated as the official state dessert of South Dakota.

Source: SL 2000, ch 2, § 1.
S.D. Codified Laws § 1-6-16.11 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.11
State indigenous instrument
Status: in_force

The traditional flute is hereby designated as the official state indigenous musical instrument of South Dakota.

Source: SL 2022, ch 2, § 1.
S.D. Codified Laws § 1-33-47 — SD Code / Title 1 / Chapter 33 / Section 1-33-47
Expenditures of appropriated moneys by board to acquire equipment--Deposit in fund
Status: in_force

Moneys appropriated to state boards, commissions, agencies, and other instrumentalities for the purchase of equipment may be paid to the Bureau of Information and Technology and expended by the bureau to acquire the equipment by purchase or by lease. Moneys so paid in any year but not required to be expended for lease purchase payments shall be deposited in a fund administered by the Bureau of Information and Technology which shall be available for renewal and replacement of existing equipment. Any money in the fund is continuously appropriated for the purposes of §§ 1-33-47 and 1-33-48 .

Source: SL 1988, ch 15, § 1; SDCL, § 1-14-16; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-26-6.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.1
Restriction on incorporation of statutory material
Status: in_force

An agency may refer to statute but may not incorporate statutory provisions, other than definitions, in their rules nor publish or distribute statutory material in conjunction with their rules unless required by law or expressly authorized by the Code Commission pursuant to § 2-16-8.1 .

Source: SL 1972, ch 8, § 8; SL 1984, ch 10, § 1; SL 1995, ch 14, § 3.
S.D. Codified Laws § 1-16G-65 — SD Code / Title 1 / Chapter 16G / Section 1-16G-65
Effect of tax collection agreement with Indian tribe
Status: in_force

If the project is located on land that is included within the agreement area of a sales and use tax collection agreement entered into by the state and an Indian tribe pursuant to chapter 10-12A , the board may only approve a reinvestment payment that is equal to or less than the amount of funds attributable to the project that the Department of Revenue retains pursuant to the terms of the tax collection agreement.

Source: SL 2013, ch 7, § 33, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-33B-5 — SD Code / Title 1 / Chapter 33B / Section 1-33B-5
Copy of evaluation and proposed contract forwarded to Governor's Office of Economic Development
Status: in_force

The governmental unit shall forward a copy of the evaluation and proposed guaranteed energy savings contract to the Governor's Office of Economic Development for inclusion in the documentation of the Governor's Office of Economic Development energy conservation report.

Source: SL 1992, ch 14, § 5; SL 1994, ch 410 (Ex. Ord. 93-9), § 18.
S.D. Codified Laws § 1-19B-19 — SD Code / Title 1 / Chapter 19B / Section 1-19B-19
Recommendations and information to governing body
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may recommend ordinances and otherwise provide information for the purposes of historic preservation to the county or municipal governing body.

Source: SL 1974, ch 21, § 3 (8); SL 2009, ch 1, § 81.
S.D. Codified Laws § 1-53-16 — SD Code / Title 1 / Chapter 53 / Section 1-53-16
Acceptance or expenditure of funds reported in informational budget
Status: in_force

For the purposes of §§ 1-53-15 to 1-53-19 , inclusive, the Board of Economic Development may accept, expend, or loan any funds previously received or to be obtained from federal sources and any funds to be obtained from gifts, contributions, or any other source if such acceptance and expenditure is reported as required by § 4-7-7.2 .

Source: SL 2012, ch 15, § 2; SL 2022, ch 6, § 2.
S.D. Codified Laws § 1-15-1.10 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.10
Replacement of Board of Charities and Corrections--Effect
Status: in_force

The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before July 1, 1989, by the state or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect, and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by abolition of an agency in this chapter. The Department of Corrections replaces the Board of Charities and Corrections for the agencies in § 1-15-1.4 and succeeds to its rights and leases, indentures, and other transactions.

Source: SL 1989, ch 20, § 9.
S.D. Codified Laws § 1-26-6.10 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.10
Restriction of licensee's right or privilege to carry or possess pistol prohibited
Status: in_force

No state agency may adopt or promulgate any rule that restricts any right or privilege to carry or possess a concealed pistol pursuant to chapter 23-7 .

Source: SL 2006, ch 5, § 1; SL 2025, ch 9, § 18.
S.D. Codified Laws § 1-11-6.3 — SD Code / Title 1 / Chapter 11 / Section 1-11-6.3
Deposits into and disbursements from special revenue fund
Status: in_force

The attorney general is hereby authorized to make deposits into and disbursements from said fund, pursuant to order of a court, on vouchers approved by him.

Source: SL 1971, ch 11, § 2.
S.D. Codified Laws § 1-22-5.1 — SD Code / Title 1 / Chapter 22 / Section 1-22-5.1
Executive director of council--Supplies and equipment
Status: in_force

The secretary of the Department of Tourism shall, subject to the approval of the Governor, appoint an executive director of the arts council, to serve at the pleasure of the secretary. The council shall provide such supplies and equipment as may be necessary.

Source: SL 1966, ch 183, § 9 as added by SL 1968, ch 240; SL 1979, ch 353, § 12; SL 1985, ch 12, § 7; SL 2003, ch 272 (Ex. Ord. 03-1), § 81; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-13-6 — SD Code / Title 1 / Chapter 13 / Section 1-13-6
Local law enforcement officers to be furnished receiving sets
Status: in_force

Each county within the state shall furnish to its sheriff and deputy sheriff a receiving set which shall be maintained at the expense of the county, and which shall be paid for and shall be the property of the county. All automobiles used by police officers of any municipality, whether publicly or privately owned, shall be equipped with receiving sets at the expense of such municipality. The Bureau of Information and Technology may sell to any county, municipality receiving sets purchased by the bureau, without any profit to the state or to the bureau and the funds received from such sale shall be credited by the state treasurer to the bureau.

Source: SDC 1939, § 55.1609; SL 1992, ch 60, § 2; SL 1999, ch 177, § 12; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-18-30.1 — SD Code / Title 1 / Chapter 18 / Section 1-18-30.1
Board as trustee of property for state
Status: in_force

The State Historical Society Board of Trustees is the trustee of the state for all property now or hereafter assigned to it and shall expend and apply all money received from the state to the uses and purposes directed by law. The board of trustees shall hold all its collections and property for the state and shall establish procedures for the review and disposition of its collections and property.

Source: SL 1985, ch 400, § 31; SL 2009, ch 1, § 36.
S.D. Codified Laws § 1-26D-4 — SD Code / Title 1 / Chapter 26D / Section 1-26D-4
Powers of hearing examiners
Status: in_force

Hearing examiners have all powers delineated in §§ 1-26-19.1 and 1-26-19.2 and shall hear all contested cases that arise under Titles 10 and 58 and chapter 1-27 .

Source: SL 1995, ch 8, § 5; SL 2008, ch 14, § 1.
S.D. Codified Laws § 1-32-2 — SD Code / Title 1 / Chapter 32 / Section 1-32-2
Principal departments established
Status: in_force

For the purposes of achieving reorganization under the terms of S. D. Const., Art. IV, § 8, the following principal departments are established:

(1) Department of Executive Management;

(2) Department of Public Safety;

(3) Department of Social Services;

(4) Department of Labor and Regulation;

(5) Department of Education;

(6) Department of Game, Fish and Parks;

(7) Department of Health;

(8) Department of Agriculture and Natural Resources;

(9) Department of Transportation;

(10) Department of the Military;

(11) Department of Revenue;

(12) Department of Human Services;

(13) Department of Tourism;

(14) Department of Veterans Affairs;

(15) Department of Tribal Relations;

(16) Department of Corrections.

Source: SL 1973, ch 2, § 6; SL 1973, ch 264, § 6; SL 1975, ch 5, § 13; SL 1977, ch 226, § 10; SL 1978, ch 290, § 1; SL 1979, ch 351, §§ 26, 35; SL 1979, ch 352, § 15; SL 1979, ch 354, §§ 17, 18; SL 1982, ch 17, § 61; SL 1989, ch 21, §§ 1, 26; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 93, eff. Apr. 12, 2011; SL 2012, ch 4, § 12; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 41, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-53-29 — SD Code / Title 1 / Chapter 53 / Section 1-53-29
Investment, transfer, and sale of securities and obligations--Purposes
Status: in_force

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to negotiate, renegotiate, invest, reinvest, transfer, and sell securities, notes, bonds, mortgages, and other obligations, including funds and the proceeds of trust assets, in such manner and upon such terms, conditions and for such periods of time consistent with and for carrying out the purposes of §§ 1-53-23 to 1-53-37 , inclusive, and to do any and all things necessary to effectuate and carry out the purposes permissible under the charter of the now dissolved South Dakota Rural Rehabilitation Corporation.

Source: SDC Supp 1960, § 4.0119(4) as added by SL 1961, ch 2, § 1; SDCL § 38-6-8 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 48, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-18C-8 — SD Code / Title 1 / Chapter 18C / Section 1-18C-8
Archivist--Receipts for acquisitions--Copies
Status: in_force

The archivist shall prepare receipts for any archival resources acquired under the provisions of this chapter, and shall deliver one copy to the agency head from which the records were obtained and retain one or more copies for use in the state archives.

Source: SL 1975, ch 24, § 9; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2009, ch 1, § 47; SL 2021, ch 7, § 30.
S.D. Codified Laws § 1-26-4.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.2
Fiscal note--Content--Bureau of Finance and Management fiscal note
Status: in_force

An agency shall, when submitting any proposed rule, except an emergency rule, include a fiscal note. The fiscal note must provide what effect, if any, the proposed rule will have on the revenues, expenditures, or fiscal liability of the state or its agencies. The fiscal note must include an explanation of how such effect, if any, was computed.

The Bureau of Finance and Management shall prepare its own fiscal note and serve it on the agency, code counsel, and the co-chairs of the Joint Appropriations Committee prior to the hearing.

Source: SL 1975, ch 15; SL 1976, ch 15, § 3; SL 1977, ch 15; SL 1983, ch 5, § 1; SL 1989, ch 16, § 4; SL 2025, ch 9, § 8; SL 2026, ch 7, § 4.
S.D. Codified Laws § 1-16J-19 — SD Code / Title 1 / Chapter 16J / Section 1-16J-19
Title to project
Status: in_force

The authority may acquire title to any project with respect to which it exercises its authority.

Source: SL 2009, ch 8, § 19.
S.D. Codified Laws § 1-21-17 — SD Code / Title 1 / Chapter 21 / Section 1-21-17
Confidentiality of contract terms and negotiations
Status: in_force

The terms of any contract and the negotiations for any contract between the secretary of agriculture and natural resources and any performers or entertainers may be kept confidential. However, sixty days after the expiration of such contract, the terms of such contract shall become a public record.

Source: SL 1993, ch 16, § 1; SL 2003, ch 16, § 10; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-26-4.7 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.7
Reversion to step in adoption procedure
Status: in_force

The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in § 1-26-4 if, in the judgment of the committee:

(1) The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was not the result of testimony received from the public hearing;

(2) The proposed rule needs to be significantly rewritten in order to accomplish the intent of the agency;

(3) The proposed rule needs to be rewritten to address the recommendations or objections of the Interim Rules Review Committee;

(4) The proposed rule is not a valid exercise of delegated legislative authority;

(5) The proposed rule is not in proper form;

(6) The notice given prior to the proposed rule's adoption was not sufficient to give adequate notice to persons likely to be affected by the proposed rule;

(7) The proposed rule is not consistent with the expressed legislative intent pertaining to the specific provision of law which the proposed rule implements;

(8) The proposed rule is not a reasonable implementation of the law as it affects the convenience of the general public or persons likely affected by the proposed rule; or

(9) The proposed rule may impose more than nominal costs upon a unit of local government or school district when the unit of local government or school district may not have sufficient funding to perform the activity required by the proposed rule.

If the committee requires an agency to revert to any step in the adoption procedure pursuant to this section, the time limitations set by chapter 1-26 shall also revert to the same step.

Source: SL 1990, ch 21; SL 2003, ch 17, § 1; SL 2004, ch 21, § 1; SL 2010, ch 8, § 1; SL 2011, ch 10, § 1.
S.D. Codified Laws § 1-53-21 — SD Code / Title 1 / Chapter 53 / Section 1-53-21
Farm link program established
Status: in_force

The farm link program is hereby established and shall be administered by the Governor's Office of Economic Development and the South Dakota Cooperative Extension Service. Under the program, the Governor's Office of Economic Development shall create a directory of prospective beginning farmers and ranchers and a directory of available or potentially available farms and ranches, which shall be used in matching the two groups. The Governor's Office of Economic Development may, if practicable, use the resources of the South Dakota ag enterprise program. In administering the Farm Link Program, the Governor's Office of Economic Development shall attempt to cooperate with similar programs in surrounding states to provide a greater opportunity for matching the interests of entering and retiring farmers and ranchers. The Governor's Office of Economic Development shall also make available information on farm lending opportunities.

Source: SL 1993, ch 300, § 1; SDCL § 38-1-42 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 40, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-27-1.15 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.15
Immunity for good faith denial or provision of record
Status: in_force

No civil or criminal liability may attach to a public official for the mistaken denial or provision of a record pursuant to this chapter if that action is taken in good faith.

Source: SL 2009, ch 10, § 22.
S.D. Codified Laws § 1-19B-33 — SD Code / Title 1 / Chapter 19B / Section 1-19B-33
Composition of district study committee--Residence of members
Status: in_force

A committee established pursuant to § 1-19B-32 shall consist of not less than three nor more than seven members appointed by the local governing body with due regard to proper representation of fields such as history, architecture, architectural history, urban planning, archaeology, paleontology, and law. If possible, the members shall be selected from residents of the proposed district.

Source: SL 1974, ch 21, § 8; SL 1980, ch 12, § 7; SL 2009, ch 1, § 85.
S.D. Codified Laws § 1-27-1.19 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.19
Public access to records of former Governors and lieutenant governors
Status: in_force

The records of any Governor and any lieutenant governor are the property of the state and shall be transferred to his or her successor or the state archivist upon leaving office. Once transferred, public access to such records is subject to the provisions of chapter 1-27 .

Source: SL 2012, ch 12, § 1.
S.D. Codified Laws § 1-19B-23 — SD Code / Title 1 / Chapter 19B / Section 1-19B-23
Ordinance enforcing waiting period--Posting of sign
Status: in_force

For each designated historic property, an ordinance adopted pursuant to §§ 1-19B-20 to 1-19B-24 , inclusive, shall require that the waiting period set forth in § 1-19B-27 be observed prior to its demolition, material alteration, remodeling, or removal. The ordinance shall also provide for a suitable sign or marker on or near the property indicating that the property has been so designated.

Source: SL 1974, ch 21, § 15.
S.D. Codified Laws § 1-33-8.3 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.3
Bureau of Human Resources and Administration--Financing
Status: in_force

The operations of the Bureau of Human Resources and Administration in establishing and administering this chapter shall be financed by means of appropriations, gifts, grants, or reimbursements for services rendered. The fees and charges for services shall be designed, to the extent practicable, to recover all operational costs incurred to carry out the provisions of the contracts between public corporations and the Bureau of Human Resources and Administration.

Source: SL 1988, ch 11, § 6; SL 2006, ch 2, § 8; SL 2011, ch 2, § 14; SDCL § 1-14-12.16; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-57-5 — SD Code / Title 1 / Chapter 57 / Section 1-57-5
Member reimbursement
Status: in_force

Each member of the South Dakota-Ireland Trade Commission is entitled to receive reimbursement for necessary expenses, as provided for in § 4-7-10.4 , from moneys in the South Dakota-Ireland trade fund, if the member is performing duties directed by the commission.

Source: SL 2024, ch 15, § 5.
S.D. Codified Laws § 1-25-6.1 — SD Code / Title 1 / Chapter 25 / Section 1-25-6.1
Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners
Status: in_force

If a complaint alleges a violation of this chapter by a board of county commissioners, the state's attorney shall take one of the following actions:

(1) Prosecute the case pursuant to Title 23A;

(2) Determine that there is no merit to prosecuting the case. The attorney general shall use the information for statistical purposes and may publish abstracts of the information as provided by § 1-25-6 ;

(3) Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action; or

(4) Refer the complaint to another state's attorney or to the attorney general for action pursuant to § 1-25-6 .

Source: SL 2010, ch 6, § 1.
S.D. Codified Laws § 1-32-4.3 — SD Code / Title 1 / Chapter 32 / Section 1-32-4.3
Creation without Governor's approval when required for federal funds--Filing with secretary of state
Status: in_force

Notwithstanding § 1-32-4.1 , if federal law or regulation shall require that an advisory council, committee, board, or commission be established in order to receipt federal funds, a department, an agency, or institution, or board or commission may establish an advisory council committee, board, or commission without the approval of the Governor; provided, however, that such appointing authority file such action with the secretary of state.

Source: SL 1976, ch 21, § 2.
S.D. Codified Laws § 1-22-13 — SD Code / Title 1 / Chapter 22 / Section 1-22-13
Inventory--Examination of artwork--Restoration, repair, and replacement of artwork
Status: in_force

The council shall keep an inventory of the works of art acquired pursuant to §§ 1-22-9 to 1-22-17 , inclusive. It shall also periodically review and examine such artwork, reporting to the Legislature when restoring, repairing, or replacing any work of art is necessary.

Source: SL 1989, ch 14, § 5.
S.D. Codified Laws § 1-47-20 — SD Code / Title 1 / Chapter 47 / Section 1-47-20
Division of Audits transferred
Status: transferred

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

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 50, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-57-4 — SD Code / Title 1 / Chapter 57 / Section 1-57-4
South Dakota-Ireland trade fund--Purpose--Administration--Continuous appropriation
Status: in_force

There is established in the state treasury the South Dakota-Ireland trade fund for the purposes of defraying the administrative expenses of the commission and supporting the commission's work in accordance with § 1-57-1 . The Executive Board of the Legislative Research Council shall administer the fund.

The fund consists of all moneys raised by or on behalf of the commission, together with any gifts, grants, or other donations. Interest on moneys credited to the fund must remain in the fund.

The South Dakota-Ireland trade fund is continuously appropriated to the South Dakota-Ireland Trade Commission.

Source: SL 2024, ch 15, § 4; SL 2026, ch 18, § 3.
S.D. Codified Laws § 1-1-19 — SD Code / Title 1 / Chapter 1 / Section 1-1-19
Negotiation and acceptance of federal reimbursement of costs of jurisdiction
Status: in_force

The county commissioners of those counties of this state in which there is located Indian country as affected by §§ 1-1-18 to 1-1-21 , inclusive, and the Governor may accept grants - in - aid, and negotiate, and contract with the federal Bureau of Indian Affairs of the United States Department of Interior for reimbursement of any authorized and appropriated federal funds for the added costs to such counties and this state in connection with such assumption of jurisdiction.

Source: SL 1961, ch 464, § 2; SL 1985, ch 33, § 8.
S.D. Codified Laws § 1-20-21.1 — SD Code / Title 1 / Chapter 20 / Section 1-20-21.1
Agreements involving archaeological survey or assessment work--Fee schedule
Status: in_force

The state archaeologist may enter into agreements involving archaeological survey or assessment work with any state or federal department, agency, institution, or political subdivision or with a private contractor. The State Historical Society Board of Trustees may promulgate rules, pursuant to chapter 1-26 , to establish a fee schedule for recovery of exploratory, laboratory, reporting, and administrative costs incurred by the state archaeologist in the performance of the duties prescribed by this chapter.

Source: SL 1981, ch 6; SL 2009, ch 1, § 101.
S.D. Codified Laws § 1-26-2.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-2.3
Housing cost impact statement--Content
Status: in_force

Before an agency may promulgate any rule prescribing new standards or requirements for building or remodeling a residential structure that is based on a model code developed by a national or international organization of trade professionals, including standards for electrical, plumbing or mechanical systems, energy conservation, or fire prevention, the agency shall prepare a housing cost impact statement setting forth the need for each new standard or requirement and the estimated cost, per dwelling unit, of compliance. To determine the estimated cost of compliance, the agency shall obtain from three licensed contractors, or other applicable building trades professionals operating in this state an estimate of the total cost to consumer of all materials, labor and taxes necessary to comply with the proposed new standard or requirement. The agency shall use the average of these estimates in preparing the impact statement. For purposes of this section, residential structure, means any one-family dwelling, two-family dwelling, or townhouse not more than three stories above grade.

Source: SL 2021, ch 10, § 1.
S.D. Codified Laws § 1-26-6.7 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.7
Procedure for amendment, suspension or repeal of rules
Status: in_force

Once a rule has been adopted, it may not be amended, repealed, or suspended, except by compliance with this chapter, even if it has not taken effect.

Source: SL 1975, ch 16, § 16; SL 2025, ch 9, § 16.
S.D. Codified Laws § 1-36A-1.3 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.3
Agencies constituting department
Status: in_force

The Department of Human Services shall consist of the following agencies:

(1) The Division of Developmental Disabilities;

(2) South Dakota Developmental Center--Redfield;

(3) The Division of Rehabilitation Services;

(4) The Division of Service to the Blind and Visually Impaired; and

(5) The Division of Long Term Services and Supports.

Source: SL 1989, ch 21, § 3; SL 1996, ch 16, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 100, eff. Apr. 12, 2011; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 21, eff. Apr. 13, 2017; SL 2018, ch 16, § 2.
S.D. Codified Laws § 1-19A-14 — SD Code / Title 1 / Chapter 19A / Section 1-19A-14
Information provided on historic properties
Status: in_force

The South Dakota State Historical Society shall provide information on historic properties within the state to the agencies and instrumentalities of the federal, state, and local governments and, if appropriate, to private individuals and organizations.

Source: SL 1973, ch 14, § 5(6); SL 2009, ch 1, § 65; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-18C-5 — SD Code / Title 1 / Chapter 18C / Section 1-18C-5
Archivist--Official custodian--Duties
Status: in_force

The archivist is the official custodian of the archival resources of the state and shall assemble, preserve, and service the permanently valuable records of the state. The archivist shall receive all records transferred to the archives for permanent retention and negotiate for the transfer of any records in the custody of a state agency. Subject to appropriate restrictions, the archivist shall make any records in custody available to serve the administrative and informational needs of state government and the people of the State of South Dakota.

Source: SL 1975, ch 24, § 5; SL 2009, ch 1, § 44; SL 2021, ch 7, § 29.
S.D. Codified Laws § 1-26-4.6 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.6
Notices of intent to adopt emergency rules validated--Time for enforcing rights by reason of error in notice--Recordation of notice prerequisite to suit under §1-26-4.1
Status: in_force

All notices of intent to adopt emergency rules made prior to March 14, 1985, are hereby in all respects legalized and validated. If a person has a vested right in any real or personal property by reason of an error in a notice or an error in the method of giving a notice referred to in subdivision 1-26-4 (2), and if no action or proceeding to enforce such right was commenced prior to July 1, 1986, such right is forever barred.

An action or proceeding brought pursuant to § 1-26-4.1 involving real property may not be brought or maintained in a court of this state unless a notice of such action, made in accordance with chapter 15-10 , was recorded in the office of the register of deeds of the county in which the affected real property is located prior to July 1, 1987.

Source: SL 1986, ch 20, § 3.
S.D. Codified Laws § 1-47-17 — SD Code / Title 1 / Chapter 47 / Section 1-47-17
Division of the Secretariat transferred
Status: transferred

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

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 46, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-33-7 — SD Code / Title 1 / Chapter 33 / Section 1-33-7
Annual report and recommendations by finance commissioner on building authorities
Status: in_force

The commissioner of finance and management shall submit at least annually to the Governor and Legislature a review, analysis, and set of recommendations concerning the operations and structure of the following agencies:

(1) The State Building Authority created by chapter 5-12 ;

(2) The Health and Educational Facilities Authority created by chapter 1-16A .

Source: SL 1973, ch 2, § 16.
S.D. Codified Laws § 1-18C-1 — SD Code / Title 1 / Chapter 18C / Section 1-18C-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Agency head," the chief or principal official or representative in any such agency, or the presiding judge of any state court, by whatever title known;

(2) "Agency records," any book, document, paper, photograph, microfilm, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law, charter, ordinance, or other authority, in connection with the transaction of official business and which is normally maintained within the custody or control of a state agency;

(3) "Archival resources," those noncurrent state records which are no longer essential to the functioning of the agency of origin and which the state archivist determines to have permanent value for research, reference, or other usage appropriate to document the organization, function, policies, and transactions of state government;

(4) "State agency," any department, division, office, commission, court, board, or any other unit or body, however designated, of the state government. The provisions of this chapter do not extend to agencies of county and municipal government unless the records of county or municipal agencies are in danger of deterioration, destruction, or loss and unless the state archivist is willing and able to receive county or municipal records.

Source: SL 1975, ch 24, § 1; SL 2009, ch 1, § 41.
S.D. Codified Laws § 1-55-15 — SD Code / Title 1 / Chapter 55 / Section 1-55-15
Promulgation of rules
Status: in_force

The Bureau of Human Resources and Administration may promulgate rules, pursuant to chapter 1-26 , in the following areas:

(1) Definitions;

(2) Procedure for remitting moneys collected to referring entities;

(3) Processes and procedures for entering into payment agreements with debtors;

(4) A process for the imposition of the cost recovery fee;

(5) The data collection system;

(6) The centralized electronic debt management system;

(7) The settlement authority process;

(8) The procedure for sending information to the Division of Motor Vehicles concerning the nonrenewal of registrations for motor vehicles, motorcycles, and boats;

(9) The procedure for sending information to the Department of Public Safety concerning the nonrenewal of driver licenses;

(10) The procedure for sending information to the Department of Game, Fish and Parks concerning the nonissuance of hunting licenses, fishing licenses, state park permits, and camping permits; and

(11) The setoff of debt process.

Source: SL 2015, ch 14, § 15; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-26-15 — SD Code / Title 1 / Chapter 26 / Section 1-26-15
Declaratory rulings by agencies
Status: in_force

Each agency shall provide by rule for the filing and prompt disposition of a petition for declaratory ruling as to the applicability of any statutory provision or of any rule or order of the agency. No inmate as defined in § 1-15-20.1 may petition an agency for a declaratory ruling on the applicability of a statutory provision, rule, or order of the agency. A ruling disposing of a petition has the same status as an agency decision or order in a contested case. The agency shall file a copy of the ruling with code counsel for publication in the Administrative Rules of South Dakota.

Source: SL 1966, ch 159, § 8; SL 1979, ch 8, § 3; SL 1989, ch 16, § 12; SL 1990, ch 20, § 3; SL 1993, ch 19, § 8; SL 1995, ch 8, § 13; SL 1999, ch 6, § 3; SL 2025, ch 9, § 22.
S.D. Codified Laws § 1-19C-5 — SD Code / Title 1 / Chapter 19C / Section 1-19C-5
Offensive place names revised by United States Board on Geographic Names
Status: in_force

The following offensive place names in South Dakota by county were revised by the United States Board on Geographic Names as of January 1, 2014:

County

Current place name

Place name changed to

Codington

Squaw Lake

Serenity Lake

Custer

Little Squaw Creek

Badger Clark Creek

Fall River

Squaw Flat

Hat Creek Flat

Gregory

Squaw Creek

Oscar Micheaux Creek

Squaw Creek Reservoir

Oscar Micheaux Reservoir

Haakon

Squaw Creek

Sarah Laribee Creek

Harding

Squaw Creek

Slim Buttes Creek

East Squaw Creek

Meat Hook Creek

Squaw Tree Spring

Prairie Woman Spring

West Squaw Creek

Double X Creek

Jones

Squaw Creek

Pitan Creek

Lawrence

Squaw Creek

Cleopatra Creek

East Branch of Squaw Creek

East Branch Cleopatra Creek

Marshall

Squaw Hill

Six Mile Hill

Meade

Squaw Butte

Vig Buttes

Squaw Creek

Deer Creek

Moody

Squaw Creek

Isanti Creek

Pennington

Squaw Creek

Cedar Breaks Creek

Oglala Lakota

Little Squaw Humper Creek

Tahc'a Okute Wakpa C'ikala

Little Squaw Humper Table

Tahc'a Okute Aglehan C'ikala

Squaw Humper Creek

Tahc'a Okute Wakpa

Squaw Humper Dam

Tahc'a Okute Mni Onaktake

Squaw Humper Table

Tahc'a Okute Aglehan

Ziebach

Squaw Teat Butte

Peaked Butte

Squaw Teat Creek

East Rattlesnake Creek

Source: SL 2009, ch 2, § 7; SL 2014, ch 9, § 6; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 1-24-22 — SD Code / Title 1 / Chapter 24 / Section 1-24-22
Agreements of parties to an interstate law enforcement agreement
Status: in_force

In addition to the other requirements in chapter 1-24 , the parties to an interstate law enforcement agreement shall agree to the following:

(1) That all law enforcement officers subject to the agreement shall be trained and certified as law enforcement officers in accordance with the laws of the state where such officers are employed, and if so trained and certified shall have the authority to act as a law enforcement officer within the jurisdiction of the requesting agency while responding to the request; and

(2) Any law enforcement officer responding to a request shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those certified law enforcement officers responding to requests.

Source: SL 1997, ch 9, § 3.
S.D. Codified Laws § 1-11-6 — SD Code / Title 1 / Chapter 11 / Section 1-11-6
Register of actions prosecuted and defended--Proper books
Status: in_force

The attorney general shall keep in proper books, to be provided for that purpose at the expense of the state, a register of all actions and demands prosecuted and defended by him in behalf of the state, and of all proceedings had in relation thereto, and shall deliver the same to his successor in office.

The term "proper books" as used in this section means electronic records, including data processing files and computer disks, microfilm, microfiche, and any other method designed for long - term retention of records.

Source: SDC 1939, § 55.1505; SL 1987, ch 10, § 1.
S.D. Codified Laws § 1-19A-10 — SD Code / Title 1 / Chapter 19A / Section 1-19A-10
Preparation of preservation plan--Review and revision
Status: in_force

The South Dakota State Historical Society shall prepare the state's preservation plan and review that plan annually and revise it accordingly.

Source: SL 1973, ch 14, § 5 (3); SL 2009, ch 1, § 60; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-29-2 — SD Code / Title 1 / Chapter 29 / Section 1-29-2
Validity of official acts at emergency capital
Status: in_force

During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the Legislature in regular, extraordinary, or emergency session, shall be valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.

Source: SL 1961, ch 287, § 2.
S.D. Codified Laws § 1-56-10 — SD Code / Title 1 / Chapter 56 / Section 1-56-10
Grant agreements, evaluation reports, and conflicts of interest to be displayed on website
Status: in_force

The grant agreement for each grant, pass-through grant, or any other award granted by a state agency to a nonstate agency after July 1, 2016, shall be displayed on the website created pursuant to § 1-27-45 for not less than the retention period prescribed by § 1-27-4.1 .

Each grant agreement shall include an attestation by the award recipient or sub-recipient that:

(1) A conflict of interest policy is enforced within the recipient's or sub-recipient's organization;

(2) The Internal Revenue Service Form 990 has been filed, if applicable, in compliance with federal law, and is displayed immediately after filing on the recipient's or sub-recipient's website;

(3) An effective internal control system is employed by the recipient's or sub-recipient's organization; and

(4) If applicable, the recipient or sub-recipient is in compliance with the federal Single Audit Act, in compliance with § 4-11-2.1 , and audits are displayed on the recipient's or sub-recipient's website.

Any sub-recipient evaluation report or program evaluation report completed by a state agency for the federal government for a grant where a state agency serves as a pass-through entity to a nonstate agency shall be posted on the website created pursuant to 1-27-45 . Any information in the report that would be exempt from public disclosure under chapter 1-27 may be redacted prior to posting.

Any conflict of interest as outlined in the organization's conflict of interest policy as required by this section within the recipient or sub-recipient's organization to which this section applies shall be disclosed to the state agency and displayed on the website created pursuant to § 1-27-45 with its corresponding grant agreement.

Source: SL 2016, ch 16, § 10, eff. Mar. 16, 2016; SL 2018, ch 44, §§ 3, 7.
S.D. Codified Laws § 1-35-7 — SD Code / Title 1 / Chapter 35 / Section 1-35-7
Performance by Division of Commercial Inspection and Licensing of heavy scales functions
Status: in_force

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

Source: SL 1973, ch 2, § 53; SL 1974, ch 19, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 88; SL 2004, ch 17, § 4.
S.D. Codified Laws § 1-19B-35 — SD Code / Title 1 / Chapter 19B / Section 1-19B-35
Report of findings by district study committee
Status: in_force

The historic district study committee shall report its findings to the local planning board, the local historic preservation commission, and the State Historical Society Board of Trustees for their consideration and recommendations.

Source: SL 1974, ch 21, § 7 (1).
S.D. Codified Laws § 1-30-9 — SD Code / Title 1 / Chapter 30 / Section 1-30-9
Enemy attack required for exercise of powers by emergency successors--Legislative termination of powers
Status: in_force

Officials authorized to act as Governor pursuant to this chapter, emergency interim successors are empowered to exercise the powers and discharge the duties of an office as herein authorized only after an attack upon the United States, as defined herein, has occurred. The Legislature, by concurrent resolution, may at any time terminate the authority of said emergency interim successors to exercise the powers and discharge the duties of office as herein provided.

Source: SL 1961, ch 285, § 8.
S.D. Codified Laws § 1-19A-16 — SD Code / Title 1 / Chapter 19A / Section 1-19A-16
On-going programs--Programs of school of mines and technology not affected--Charge for publications
Status: in_force

The South Dakota State Historical Society shall develop an on-going program of historical, architectural, paleontological, and archaeological research and development to include continuing surveys, excavation, scientific recording, interpretation, and publication of the state's historical, architectural, archaeological, paleontological, and cultural resources. The provisions of this section do not apply to programs within the South Dakota School of Mines and Technology. A reasonable charge may be made for publications.

Source: SL 1973, ch 14, § 5 (12); SL 1980, ch 12, § 3; SL 2009, ch 1, § 67; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-27-1.2 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.2
Fees for specialized service
Status: in_force

If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This section does not require a governmental entity to acquire computer capability to generate public records in a new or different form if that new form would require additional computer equipment or software not already possessed by the governmental entity.

No fee may be charged for the electronic transfer of any minutes of open meeting actions of a political subdivision, board or agency of a political subdivision, or the governing board of an agency that levies property taxes that were recorded in the last three years.

Source: SL 2009, ch 10, § 3; SL 2012, ch 10, § 1.
S.D. Codified Laws § 1-26-33.6 — SD Code / Title 1 / Chapter 26 / Section 1-26-33.6
Speedy hearing and determination
Status: in_force

Upon the filing of the record and other papers in the office of the clerk of the circuit court, it shall be the duty of such court when its attention is called to the matter by the parties, or one of them, immediately to fix a date for hearing, and said cause shall be speedily heard and determined.

Source: SDC 1939 & Supp 1960, § 33.4212; SDCL, § 21-33-15; SL 1972, ch 8, § 34; SDCL Supp 1-26-33.1 ; SL 1975, ch 17, § 9.
S.D. Codified Laws § 1-9-3 — SD Code / Title 1 / Chapter 9 / Section 1-9-3
Deputy auditor and employees--Appointment and bonds
Status: in_force

The state auditor is authorized to appoint a deputy, for whose acts as such he shall be responsible, and such other employees and require them to furnish bonds in a penal sum no greater than one - half the penal sum of his own bond whenever necessary for the proper administration of his office.

Source: SDC 1939, § 55.1310; SL 1955, ch 238.
S.D. Codified Laws § 1-26-32 — SD Code / Title 1 / Chapter 26 / Section 1-26-32
When agency decision in contested case becomes effective--Application for stay pending appeal--Time--Granting of further stay--Security or other supervision--Inapplicability to determinations of benefits under Title 61
Status: in_force

Any agency decision in a contested case is effective ten days after the date of receipt or failure to accept delivery of the decision by the parties. An application to the circuit court for a stay of the agency's decision may be made only within ten days of the date of receipt or failure to accept delivery of the agency's decision. Upon receiving a timely application for a stay and notice of hearing thereon, the court may enter a temporary stay pending a hearing on the application. Following a hearing, the court may order a further stay, pending final decision of the court. The court, as a condition to granting a stay, may require the appellant to furnish a bond or other such security or order supervision as the court may direct to indemnify or protect the state or agency or any person from loss, damage, or costs which may occur during the stay. This section does not apply to determinations of benefits made by the Department of Labor and Regulation pursuant to Title 61.

Source: SDC 1939 & Supp 1960, § 33.4215; SL 1966, ch 159, § 15 (3); SDCL § 21-33-10; SL 1972, ch 8, § 33; SL 1975, ch 17, § 7; SL 1988, ch 14, § 2; SL 1999, ch 7, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-27-13 — SD Code / Title 1 / Chapter 27 / Section 1-27-13
Records management procedures--Schedules by state agencies--Claims, invoices, and vouchers to state auditor retained
Status: in_force

The head of each agency shall submit to the commissioner of human resources and administration, in accordance with the procedures, rules, and standards established by the commission, schedules proposing the length of time each state record series warrants retention for administrative, fiscal, or legal purposes, after it has been received by the agency, provided that original claims, invoices, and vouchers submitted to the state auditor for payment must be retained for at least seven years.

Source: SL 1967, ch 253, § 3; SL 2011, ch 2, § 23; SL 2018, ch 44, § 8; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024; SL 2026, ch 3, § 3.
S.D. Codified Laws § 1-13-3 — SD Code / Title 1 / Chapter 13 / Section 1-13-3
Employment of personnel and equipment--Maintenance and operating costs
Status: in_force

The Bureau of Information and Technology may employ such operators and assistants and such equipment necessary to carry out the provisions of this chapter. The costs of maintaining and operating a state voice communications system and all receiving sets owned or operated by the bureau shall be paid out of the appropriation for the bureau. The costs for operation and maintenance of the South Dakota law enforcement telecommunications system shall be paid out of the radio communications fund.

Source: SDC 1939, § 55.1613; SL 1999, ch 177, § 10; SL 2015, ch 5, § 2; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-27-43 — SD Code / Title 1 / Chapter 27 / Section 1-27-43
Form of notice of review--Office of Hearing Examiners' notice
Status: in_force

The following forms are prescribed for use in the procedures provided for in §§ 1-27-35 to 1-27-42 , inclusive, but failure to use or fill out completely or accurately any of the forms does not void acts done pursuant to those sections provided compliance with the information required by those sections is provided in writing.

REQUEST FOR DISCLOSURE OF PUBLIC RECORDS

Telephone Number of Requestor: ________________________________________

____________________________________________________________________

Address of Governmental Entity: ________________________________________

You may file a written response to the Notice of Review--Request for Disclosure of Public Records within ten (10) business days of receiving this notice, exclusive of the day of service, at the following address:

500 E. Capitol Avenue

Pierre, South Dakota 57501

605-773-6811

The Office of Hearing Examiners may issue its written decision on the information provided and will only hold a hearing if it deems a hearing necessary.

If you have any questions, please contact the Office of Hearing Examiners.

Dated this ____ day of ________________, 20____.

Source: SL 2008, ch 14, § 11.
S.D. Codified Laws § 1-16H-28 — SD Code / Title 1 / Chapter 16H / Section 1-16H-28
Exemption of documentary material and data involving trade secrets, etc., from disclosure--Consideration by authority in executive session
Status: in_force

Any documentary material or data made or received by the authority for purposes under this chapter, to the extent that such material or data consists of trade secrets, scientific or technical secrets, matters involving national security, or commercial or financial information regarding the operation of a business, may not be considered public records, and are exempt from disclosure. Any discussion or consideration of such information may be held by the authority in executive session.

Source: SL 2004, ch 15, § 28.
S.D. Codified Laws § 1-6-9 — SD Code / Title 1 / Chapter 6 / Section 1-6-9
State bird
Status: in_force

The ring - neck pheasant is hereby designated and adopted as the official state bird of the State of South Dakota.

Source: SL 1943, ch 272; SDC Supp 1960, § 55.0110.
S.D. Codified Laws § 1-16G-68 — SD Code / Title 1 / Chapter 16G / Section 1-16G-68
Prohibited commissions
Status: in_force

No person who works for a project may be employed for a commission dependent in any manner upon the approval of any government grants, loans, or reinvestment payments that the person obtains for the project.

Source: SL 2013, ch 7, § 36, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-16B-50 — SD Code / Title 1 / Chapter 16B / Section 1-16B-50
Annual action plan--Annual informational report
Status: in_force

The South Dakota Economic Development Finance Authority shall develop and submit an annual action plan to the Board of Economic Development. The action plan shall outline the basic goals and objectives of the authority but is not subject to the approval or disapproval of the Board of Economic Development. The action plan shall be submitted prior to October first of each year. At the conclusion of each fiscal year, the authority shall prepare and submit an annual informational report to the Board of Economic Development.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 40; SL 1993, ch 11, § 1.
S.D. Codified Laws § 1-54-8 — SD Code / Title 1 / Chapter 54 / Section 1-54-8
Tribal parole pilot programs
Status: in_force

In cooperation with the Department of Tribal Relations, the Department of Corrections may develop tribal parole pilot programs to supervise parolees on tribal land. The Department of Corrections shall promulgate rules pursuant to chapter 1-26 as necessary for the implementation of the pilot program. The pilot program shall utilize a tribal-state liaison officer. The officer shall use supervision strategies that focus on reducing recidivism and employ evidence-based practices and swift, certain, and proportionate sanctions.

Source: SL 2013, ch 101, § 12.
S.D. Codified Laws § 1-27-12.1 — SD Code / Title 1 / Chapter 27 / Section 1-27-12.1
Records management internal service fund
Status: in_force

There is hereby created in the state treasury a records management internal service fund. The commissioner of human resources and administration shall apportion all expenses incurred in the administration and operation of the records management program to all state departments, agencies, and institutions utilizing such program. All payments received by the Bureau of Human Resources and Administration pursuant to this section shall be deposited in the records management internal service fund.

Source: SL 1992, ch 47, § 6; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16H-31.7 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.7
Amendments to the declaration of taking--Filing
Status: in_force

If any person who is a proper party defendant or if any affected subsurface property is omitted from the declaration of taking filed pursuant to § 1-16H-31.2 , the authority may file amendments to include the person or subsurface property. Any amendment from the time of filing has the same force and effect as if it were included in the original proceedings. The misnaming or omission of any defendant's name does not defer the effect of the declaration of taking.

Source: SL 2005, ch 12, § 7.
S.D. Codified Laws § 1-16A-52.4 — SD Code / Title 1 / Chapter 16A / Section 1-16A-52.4
Title to facility financed through federally guaranteed securities--Mortgage--Lease prohibited
Status: in_force

If an educational or health facility is financed or refinanced pursuant to §§ 1-16A-52.1 to 1-16A-52.3 , inclusive, the title to the facility shall remain in the participating educational or health institution owning the facility. The title is subject to the lien of any mortgage, if any, securing the federally guaranteed securities being purchased. There may not be a lease of the facility between the authority and the institution.

Source: SL 1979, ch 7, § 5; SL 2013, ch 5, § 1.
S.D. Codified Laws § 1-18B-3 — SD Code / Title 1 / Chapter 18B / Section 1-18B-3
Employment of personnel by department secretary--Supplies and equipment
Status: in_force

The secretary of education may employ personnel, pursuant to chapter 3-6D , as the secretary deems necessary and provide such supplies and equipment as may be necessary.

Source: SL 1974, ch 9, § 3; SL 1979, ch 353, § 14; SL 2003 ch 272 (Ex. Ord. 03-1), § 82; SL 2018, ch 12, § 1.
S.D. Codified Laws § 1-10-2 — SD Code / Title 1 / Chapter 10 / Section 1-10-2
Annual report to Governor--Contents
Status: in_force

The state treasurer shall make an annual report to the Governor. Such report shall fully disclose the transactions of the treasurer's office, the condition of the various funds and the state indebtedness. It shall show a full and true exhibit of the state of the public accounts and funds as contemplated by section 12, article XI, of the State Constitution, the amount by him received, the amount paid out during the preceding fiscal year ended on the thirtieth day of June, and the balance remaining in the treasury.

Source: SDC 1939, § 55.1407; SL 1980, ch 23, § 7.
S.D. Codified Laws § 1-19B-21 — SD Code / Title 1 / Chapter 19B / Section 1-19B-21
Investigation and report before designation of historic property
Status: in_force

Before an ordinance designating an historic property is adopted pursuant to § 1-19B-20 , the local historic preservation commission shall make an investigation and report on the historical, architectural, archaeological, or cultural significance of the property in question.

Source: SL 1974, ch 21, § 16 (1).
S.D. Codified Laws § 1-41-15.5 — SD Code / Title 1 / Chapter 41 / Section 1-41-15.5
Water pollution control powers
Status: in_force

The secretary of agriculture and natural resources and the Water Management Board shall, respectively, exercise the powers vested in the secretary of environmental protection and the Board of Environmental Protection by chapter 34A-2 with respect to control of water pollution.

Source: SL 1973, ch 280, § 7; SDCL Supp, § 1-38-7; SL 1979, ch 354, §§ 20, 24; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL 1-40-20; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16A-26 — SD Code / Title 1 / Chapter 16A / Section 1-16A-26
Leasing of facilities--Terms of lease--Option to purchase
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to lease to a participating health institution or a participating educational institution, as the case may be, any or all of the facilities upon such terms and conditions as the authority shall deem proper, and to charge and collect rent therefor and to terminate any such lease upon the failure of the lessee to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods and at such rent as shall be determined by the authority or to purchase any or all of the facilities or that upon payment of all of the indebtedness incurred by the authority for the financing of such facilities the authority may convey any or all of the facilities to the lessee or lessees thereof with or without consideration.

Source: SL 1972, ch 10, § 7 (7).
S.D. Codified Laws § 1-27-14.3 — SD Code / Title 1 / Chapter 27 / Section 1-27-14.3
Title to transferred records pending formal transfer
Status: in_force

Any record transferred to the physical custody of the archivist remains the legal property of the agency of origin, subject to all existing copyrights and statutory provisions regulating the record's usage, until such time as the agency head formally transfers legal title to the archivist.

Source: SL 1975, ch 24, § 8; SL 2011, ch 2, § 27.
S.D. Codified Laws § 1-53-12 — SD Code / Title 1 / Chapter 53 / Section 1-53-12
Office of Research Commerce transferred
Status: transferred

The Office of Research Commerce and its functions in the Department of Tourism and State Development are transferred to the Governor's Office of Economic Development created by Executive Reorganization Order 2011-01. The commissioner of the Governor's Office of Economic Development shall perform the functions of the former secretary of the Department of Tourism and State Development relating to the activities of the Office of Research Commerce.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 59, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16G-8 — SD Code / Title 1 / Chapter 16G / Section 1-16G-8
Promulgation of rules
Status: in_force

The Board of Economic Development shall promulgate rules pursuant to chapter 1-26 concerning the following:

(1) The existing barriers to economic growth and development in the state;

(2) Developing investment in research and development in high technology industries;

(3) The submission of business plans prior to the approval of economic development grants or loans. Business plans shall include the products or services to be offered by the applicant, job descriptions with attendant salary or wage information by job category, educational requirements by job category, methods of accounting, financing other than that provided by the economic development loan, and marketing, sales, merchandising, and other disciplines proposed to be used for business growth and expansion;

(4) The cooperation between agencies of state government and applicant businesses for nonfinancial services including loan packaging, marketing assistance, research assistance, and assistance with finding solutions for complying with environmental, energy, health, safety, and other federal, state, and local laws and regulations;

(5) Regular performance monitoring and reporting systems for participating businesses to assure compliance with their business plans and terms of repayment;

(6) Establish eligibility criteria for grants and loans;

(7) Establish application procedures for grants and loans;

(8) Establish criteria to determine which applicants will receive grants or loans;

(9) Govern the use of proceeds of grants and loans;

(10) Establish criteria for the terms and conditions upon which loans shall be made, including matching requirements, interest rates, repayment terms, and the terms of security given to secure such loans; and

(11) Establish criteria for the terms and conditions upon which grants shall be made, including permitted uses, performance criteria, and matching requirements.

Source: SL 1987, ch 98, § 15; SL 1988, ch 16; SDCL § 1-42-26 ; SL 2007, ch 5, § 3; SL 2009, ch 1, § 17.
S.D. Codified Laws § 1-15-30 — SD Code / Title 1 / Chapter 15 / Section 1-15-30
Responsibilities of Council of Juvenile Services
Status: in_force

The Council of Juvenile Services shall be responsible for the following:

(1) In conjunction with the secretary of the Department of Corrections, establish policy on how the formula grants program of the Juvenile Justice and Delinquency Prevention Act is to be administered in South Dakota;

(2) Approve the state plan, and any modifications thereto, required by 223(a) of the Act prior to submission to the Office of Juvenile Justice and Delinquency Prevention;

(3) Submit annual recommendations to the Governor and Legislature concerning the functions of the Council of Juvenile Services and the status of the state's compliance with the Act;

(4) Approve or disapprove grant applications and other funding requests submitted to the Department of Corrections under §§ 1-15-27 to 1-15-31 , inclusive, and assist with monitoring grants and other fund awards;

(5) Assist the Department of Corrections in monitoring the state's compliance with the Act;

(6) Study the coordination of the various juvenile intervention, prevention, treatment, and rehabilitation programs;

(7) Study effective juvenile sentencing, adjudication, and diversion policies and provisions;

(8) Make a special study of, and make an annual report to the Governor, the Unified Judicial System, and the Legislature by June thirtieth of each year concerning, the appropriate administration of and provision for children in need of supervision in this state;

(9) Contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; and

(10) Perform other such activities as determined by the Governor, the secretary of the Department of Corrections, or the Council of Juvenile Services.

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 25; SL 2003, ch 9, § 3.
S.D. Codified Laws § 1-13-11 — SD Code / Title 1 / Chapter 13 / Section 1-13-11
Unified data network authorized--Equipment purchased or leased
Status: in_force

The Department of Public Safety may operate and maintain a unified data network to interconnect various law enforcement agencies in South Dakota by written communications. The department may also purchase or lease the necessary apparatus and equipment to construct, maintain, and control the law enforcement communications network.

Source: SL 1975, ch 11, § 1; SL 2001, ch 7, § 1; SL 2015, ch 5, § 5.
S.D. Codified Laws § 1-27-1.16 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.16
Material relating to open meeting agenda item to be available--Exceptions--Violation as misdemeanor
Status: in_force

If a meeting is required to be open to the public pursuant to § 1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall either be posted on the governing body's website or made available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the material is not posted to the governing body's website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the printed material. However, the provisions of this section do not apply to any printed material or record that is specifically exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the agenda item of an executive or closed meeting held in accordance with § 1-25-2 . A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26 .

Source: SL 2010, ch 9, § 1.
S.D. Codified Laws § 1-19B-12 — SD Code / Title 1 / Chapter 19B / Section 1-19B-12
Contractual powers of preservation commission
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may contract, with the approval of the local governing body, with the state or the federal government, or any agency of either, or with any other organization.

Source: SL 1974, ch 21, § 3 (5); SL 2009, ch 1, § 75.
S.D. Codified Laws § 1-16A-56.1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-56.1
Conveyance provisions inapplicable to refinanced facility--Return of securities when bonds paid or payment provided for
Status: in_force

The provisions of § 1-16A-56 shall not apply to any educational or health facility financed pursuant to §§ 1-16A-54.1 to 1-16A-54.4 , inclusive, but the authority shall return the securities purchased through the issuance of bonds thereunder to the participating educational or health institution issuing such securities when such bonds have been fully paid and retired or when adequate provision has been made to pay and retire the same fully and all other conditions of the trust agreement or indenture creating such bonds have been satisfied and the lien thereof has been released in accordance with the provisions hereof.

Source: SL 1976, ch 9, § 3.
S.D. Codified Laws § 1-16H-30 — SD Code / Title 1 / Chapter 16H / Section 1-16H-30
Acquisition of property
Status: in_force

The authority may acquire by purchase, lease, gift, or otherwise any property or rights to any property from any person or any governmental agency, whether improved for the purposes of any prospective project or unimproved. The authority may also accept any donation of funds for its purposes from any of those sources.

Source: SL 2004, ch 15, § 30.
S.D. Codified Laws § 1-11-5 — SD Code / Title 1 / Chapter 11 / Section 1-11-5
Special assistants--Appointment and powers
Status: in_force

The attorney general is also authorized to appoint assistant attorneys general as he may deem necessary on a part - time basis for special assignments. The attorney general shall fix their compensation and the expenditures for such appointments may be made from whatever appropriation or source that may be made available to the attorney general. The appointment of such assistants shall be in writing and filed in the Office of the Secretary of State. Such assistant attorneys general shall have the power and authority specifically delegated to them by the attorney general in writing. Such assistant attorney general shall, before entering upon the duties of his office, take and subscribe the official oath prescribed by the Constitution.

Source: SDC 1939, § 55.1502 as added by SL 1963, ch 305.
S.D. Codified Laws § 1-37-14 — SD Code / Title 1 / Chapter 37 / Section 1-37-14
Division of Banking transferred
Status: transferred

The Division of Banking created by chapter 51A-2 and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation created by Executive Reorganization Order 2011-01. The secretary of labor and regulation shall perform the functions of the former secretary of revenue and regulation, relating to the Division of Banking.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 36, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-32.4 — SD Code / Title 1 / Chapter 26 / Section 1-26-32.4
Form of transcript--Number of copies--Certification
Status: in_force

The original transcript of the contested case hearing will be filed with the clerk of the circuit court and copies transmitted to the attorney for each party to the appeal separately represented and directly to any parties not represented. The agency will make duplicate copies of items specified in § 1-26-21 that are requested and shall transmit copies to the attorney for each party to the appeal separately represented and directly to any parties not represented. In the event that more than three copies of the transcript and other items as specified in § 1-26-21 are necessary to comply with the foregoing requirement, the appellant may make application, upon notice, to the circuit court for an order determining the number of copies to be served and the time of use by the parties. Copies of the transcript and items specified in § 1-26-21 may be reproduced by any duplicating or copying process which produces a clear black image on white paper, if a typewritten transcript is prepared. The reporter or agency shall certify the correctness of the original and all copies of the transcript. The agency or reporter shall notify the clerk of the circuit court in writing that the original transcript has been filed and copies transmitted.

Source: Supreme Court Rule 82-35; Supreme Court Rule 89-3.
S.D. Codified Laws § 1-36A-1.22 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.22
Promulgation of rules for discipline and order of institutions and management
Status: in_force

The Department of Human Services and the Department of Social Services may promulgate rules pursuant to chapter 1-26 for the discipline and order of any of its institutions and the management thereof, and the officers and employees of such institutions shall comply with all directions and rules of the departments.

Source: SL 1989, ch 21, § 22; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 104, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-54-2 — SD Code / Title 1 / Chapter 54 / Section 1-54-2
Office of Tribal Governmental Relations transferred
Status: transferred

The Office of Tribal Governmental Relations established by chapter 1-4 is transferred to the Department of Tribal Relations.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 74; SDCL § 1-52-11 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 131, eff. Apr. 12, 2011.