S.D. Codified Laws § 1-24-16 — SD Code / Title 1 / Chapter 24 / Section 1-24-16
Election when agreement pledges full faith and credit of public agency
Status: in_force

The election provisions of chapter 6-8B apply if a public agency issues any obligation or enters into any agreement in connection with a pool arrangement which includes an express pledge of the full faith and credit of the public agency and, in support thereof, a specific irrepealable covenant of the public agency to levy taxes in a future fiscal year in an amount necessary to pay premiums or other obligations in connection with such pool arrangement. If any such obligation or agreement does not include an express pledge of the full faith and credit of the public agency and a specific irrepealable covenant to levy taxes in a future fiscal year in an amount necessary to pay premiums or other such obligations in connection with such pool arrangement, then no election may be required to issue such obligations or enter into such agreements.

Source: SL 1991, ch 11, § 10.
S.D. Codified Laws § 1-43-19 — SD Code / Title 1 / Chapter 43 / Section 1-43-19
Comprehensive health data system established--Purpose
Status: in_force

The Department of Health shall coordinate the establishment and maintain oversight of a comprehensive health data system for the purposes of:

(1) Health care planning, policy development, policy evaluation, and research by federal, state, and local governments;

(2) Monitoring payments for health services by the federal and state governments;

(3) Assessing and improving the quality of health care;

(4) Measuring and optimizing access to health care;

(5) Supporting public health functions and objectives;

(6) Improving the ability of health plans, health care providers, and consumers to coordinate, improve, and make choices about health care; and

(7) Monitoring costs at provider and plan levels.

Source: SL 1993, ch 23, § 1; SL 1994, ch 24, § 1.
S.D. Codified Laws § 1-47-16 — SD Code / Title 1 / Chapter 47 / Section 1-47-16
Lottery Commission transferred
Status: transferred

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

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 57, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 52, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-24-20 — SD Code / Title 1 / Chapter 24 / Section 1-24-20
Reciprocal interstate agreements for purpose of law enforcement
Status: in_force

Any two or more public agencies with law enforcement powers may enter into reciprocal interstate agreements to allow their respective certified law enforcement officers to cross state lines to provide assistance to the requesting agency.

Source: SL 1997, ch 9, § 1.
S.D. Codified Laws § 1-47-2 — SD Code / Title 1 / Chapter 47 / Section 1-47-2
Secretary as head of department
Status: in_force

The head of the Department of Revenue is the secretary of revenue who shall be appointed by the Governor, by and with the consent of the senate, and serve at the pleasure of the Governor.

Source: SL 1973, ch 2, § 278; SL 2003, ch 272 (Ex. Ord. 03-1) § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 110, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16G-7 — SD Code / Title 1 / Chapter 16G / Section 1-16G-7
Acceptance and expenditure of other funds by Board of Economic Development
Status: in_force

The Board of Economic Development may accept and expend for the purpose of §§ 1-16G-3 to 1-16G-11 , inclusive, in addition to the amounts deposited in the revolving economic development and initiative fund, 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 1987, ch 98, § 16; SDCL 1-42-30 .
S.D. Codified Laws § 1-16A-79 — SD Code / Title 1 / Chapter 16A / Section 1-16A-79
Criteria for issuance of education savings bonds
Status: in_force

Bonds issued by the authority or certificates of participation issued in connection with an authority program may be eligible for designation by the authority pursuant to § 1-16A-78 if the authority determines that the following criteria are satisfied:

(1) The bonds or certificates are structured and are to be marketed initially in such a manner as to attract a broad range of investors including parents, guardians or conservators, grandparents or other family members who are interested in planning for the education of children;

(2) The bonds or certificates, at the time such instruments are designated as education savings bonds or certificates, are either:

(a) Rated in one of the three highest rating categories by one or more nationally recognized organizations which regularly rate such obligations, without regard to any modifier such as a plus or minus, arabic numeral or similar designation; or

(b) Otherwise determined by the authority pursuant to § 1-16A-80 to be eligible for designation as education savings bonds or certificates; and

(3) The bonds or certificates are either current interest obligations, capital appreciation bonds, zero - coupon, deep discount, or comparable instruments and the maturity dates of such instruments are structured to the extent possible to accommodate the financing needs of the authority or the entity or program on whose behalf the instruments are being issued and to fulfill the needs of persons planning on using the proceeds of such instruments for educational purposes.

Source: SL 1990, ch 10, § 2; SL 1993, ch 213, § 74.
S.D. Codified Laws § 1-16A-52 — SD Code / Title 1 / Chapter 16A / Section 1-16A-52
Pledge of full faith and credit of authority or institution
Status: in_force

Nothing contained in § 1-16A-50 or 1-16A-51 shall prevent or be construed to prevent the authority from pledging its full faith and credit or the full faith and credit of a participating health institution or participating educational institution, as the case may be, to the payment of bonds authorized pursuant to this chapter.

Source: SL 1972, ch 10, § 13.
S.D. Codified Laws § 1-16A-80 — SD Code / Title 1 / Chapter 16A / Section 1-16A-80
Additional criteria for issuance of education savings bonds
Status: in_force

In lieu of satisfaction of the criteria set forth in subsection 1-16A-79(2)(a), bonds or certificates may be designated by the authority as education savings bonds or certificates if the authority determines it is appropriate after considering the following factors:

(1) The existence of a secondary market for comparable securities or instruments;

(2) The current applicability of a comparable rating assigned to one or more other bonds or other evidences of indebtedness issued on behalf of the person, entity, or program which is being financed with the proceeds of the bonds or certificates under consideration by the authority;

(3) A pledge of state aid or financial assistance or its equivalent to support repayment of such bonds, certificates, or other instruments, whether directly or indirectly;

(4) The security and source of revenues pledged to such bonds, certificates, or other instruments; or

(5) Such other factors or considerations as the authority may deem appropriate in reaching such determination.

Source: SL 1990, ch 10, § 3.
S.D. Codified Laws § 1-11-20 — SD Code / Title 1 / Chapter 11 / Section 1-11-20
Program participation as condition of bond or pre-trial release
Status: in_force

The court may condition any bond or pre-trial release upon participation in the 24/7 sobriety program and payment of associated costs and expenses.

Source: SL 2007, ch 4, § 4.
S.D. Codified Laws § 1-15-11 — SD Code / Title 1 / Chapter 15 / Section 1-15-11
Enforcement of contracts and property rights--Judgment proceeds
Status: in_force

The Department of Corrections may bring suit in the proper court in its own name, to enforce any contract made by it and any suit relating to such property, or to the care, custody, control, management, or improvement thereof, and the attorney general shall prosecute any such suit upon the request of the secretary of corrections. Any money collected upon any judgment obtained under the provisions of this section shall be paid into the treasury for the benefit of the penal institutions and credited to the proper fund or funds. This section and § 1-15-10 confer upon the Department of Corrections all powers which are necessary to the proper legal management of the correctional institutions placed under its control, and the property belonging to the same.

Source: SDC 1939, § 55.1705; SL 1989, ch 20, § 29.
S.D. Codified Laws § 1-16B-44 — SD Code / Title 1 / Chapter 16B / Section 1-16B-44
Adjustment of local funding requirements when federal agency participates--Subordination to mortgage held by federal agency
Status: in_force

If any federal agency participates in the financing of a development project with federal funds, the authority may adjust the required ratios of financial participation for the enterprise to the extent of the federal participation. However, the adjustment of such ratios may not cause the authority to grant a loan to the enterprise in excess of eighty percent of the cost or estimated cost of the development project.

If any federal agency participating in the financing of any development project is not permitted to take a mortgage subordinate to the mortgage of the authority, the authority may secure its loan to the enterprise with a mortgage subordinate to that of the federal agency.

Source: SL 1978, ch 9, § 30; SL 1986, ch 14, § 15; SL 2009, ch 1, § 13.
S.D. Codified Laws § 1-16A-40 — SD Code / Title 1 / Chapter 16A / Section 1-16A-40
Sale of bonds--Expenses of issuance
Status: in_force

The bonds of the authority may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the authority, and the authority may pay all expenses, premiums, and commissions which it may deem necessary or advantageous in connection with the issuance thereof.

Source: SL 1972, ch 10, § 10.
S.D. Codified Laws § 1-27-32 — SD Code / Title 1 / Chapter 27 / Section 1-27-32
Disclosure of confidential information as misdemeanor
Status: in_force

Disclosure of information made confidential by §§ 1-27-28 to 1-27-32 , inclusive, except as provided in § 1-27-31 , is a Class 1 misdemeanor.

Source: SL 1996, ch 12, § 5; SL 2004, ch 25, § 5
S.D. Codified Laws § 1-1A-3 — SD Code / Title 1 / Chapter 1A / Section 1-1A-3
State officers to protect constitutional rights
Status: in_force

Every state officer is directed to utilize the full force and authority of his office to resist the intrusion of such unlawful provisions and to protect the constitutional rights of the State of South Dakota and its individual citizens from the encroachments of such provisions.

Source: SL 1979, ch 4, § 2.
S.D. Codified Laws § 1-16B-40 — SD Code / Title 1 / Chapter 16B / Section 1-16B-40
Application by local agency for loan--Contents
Status: in_force

Prior to loaning of any funds to an enterprise for a development project, the authority shall receive from the enterprise a loan application in the form adopted by the authority which shall contain, without being limited to, the following provisions:

(1) A general description of the development project and a general description of the enterprise for which the development project has been or is to be established;

(2) A legal description of all real estate necessary for the development project;

(3) Plans and other documents to show the type, structure and general character of the development project;

(4) A general description of the number, types and skills of employees to be employed;

(5) The cost or estimates of cost of establishing the development project;

(6) A statement of the value of any property which the enterprise applied or intends to apply to the establishment of the development project;

(7) A statement of cash funds previously applied, or at present held by the enterprise which are to be applied to the establishment of the development project;

(8) Evidence of the arrangement made by the enterprise for the financing of all costs of the development project;

(9) Evidence that the development project probably will not cause the removal of a plant or facility from one area of the state to another area of the state;

(10) Any additional evidence pertinent to a determination of the probable success of the development project at the selected location, and evidence that a substantial increase in employment and payrolls will probably result from the granting of the loans;

(11) Evidence that the enterprise does currently or will possess the ability to obtain the revenues which will be used to repay a loan to finance the development project.

Source: SL 1978, ch 9, § 31; SL 1986, ch 14, § 12.
S.D. Codified Laws § 1-16A-96 — SD Code / Title 1 / Chapter 16A / Section 1-16A-96
Appropriation for payments pursuant to lease purchase agreements--Agreement dated August 1, 1988 ratified
Status: in_force

Any lease payments made to the authority pursuant to lease purchase agreements with the Western Dakota Technical College, the Southeast Technical College, the Lake Area Technical College, the Mitchell Technical College, or the South Dakota Board of Technical Education under the authority of chapter 13-39A shall be paid in part from an appropriation to be made by the Legislature in an amount that is equal to twenty-seven percent of the current year lease purchase agreement payments.

No provision of chapter 81 of the 2017 Session Laws adversely affects any of the covenants or other agreements of the South Dakota Board of Education or the secretary of education in the lease purchase agreement with the authority dated August 1, 1988, as amended and supplemented, for the benefit of the holders of any bonds issued by the authority, and such covenants and agreements in the lease purchase agreement dated August 1, 1988, as amended and supplemented, are hereby ratified and confirmed.

Source: SL 2013, ch 6, § 6; SL 2015, ch 6, § 3; SL 2016, ch 109, § 17; SL 2017, ch 81, § 51; SL 2020, ch 61, § 31.
S.D. Codified Laws § 1-16H-10 — SD Code / Title 1 / Chapter 16H / Section 1-16H-10
Meetings of the board
Status: in_force

The board shall meet on the call of the chair, upon the written request of four members of the board, or upon the request of the executive director.

Source: SL 2004, ch 15, § 10.
S.D. Codified Laws § 1-16B-8 — SD Code / Title 1 / Chapter 16B / Section 1-16B-8
Board of directors--Appointment of members
Status: in_force

The board of directors of the authority consists of seven members. The Governor shall appoint seven members to the board for four-year staggered terms. No more than five members of the board may be members of the same political party.

Source: SL 1978, ch 9, §§ 3, 39; SL 1982, ch 17, § 32; SL 1986, ch 14, § 6; SL 1987, ch 16, § 2; SL 2009, ch 6, § 1.
S.D. Codified Laws § 1-25-2 — SD Code / Title 1 / Chapter 25 / Section 1-25-2
Executive session or closed meeting--Purposes--Vote--Discussion--Applicability--Penalty
Status: in_force

An executive session or closed meeting may be held only for the purposes of:

(1) Discussing the character, competence, fitness, performance, or qualifications of any current or prospective public officer or employee, not including an independent contractor;

(2) Discussing a student's:

(a) Discipline, expulsion, or suspension;

(b) Assignment or educational program; or

(c) Eligibility to participate in interscholastic activities provided by the South Dakota High School Activities Association;

(3) Consulting with legal counsel, or reviewing communications from legal counsel, about proposed or pending litigation or contractual matters;

(4) Preparing for contract negotiations or negotiating with employees or employee representatives;

(5) Discussing marketing or pricing strategies by a board or commission of a business that is owned by the state or any of its political subdivisions, if public discussion may be harmful to the competitive position of the business; or

(6) Discussing the following information pertaining to the protection of public or private property and any person on or within the property:

(a) Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts;

(b) Emergency management or response;

(c) Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed;

(d) Communications network schema, computer systems, cyber security plans, passwords, or user identification names;

(e) Guard schedules;

(f) Lock combinations; and

(g) Any blueprint, building plan, or infrastructure record regarding any building or facility, which would expose or create vulnerability through disclosure of the configuration, location, or security of critical systems of the building or facility;

(7) Discussing any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; and

(8) Discussing the location of or listing any:

(a) Ammunition or weapons;

(b) Biological, chemical, or nuclear agents; or

(c) Other military or law enforcement equipment or personnel.

An executive session or closed meeting may be held only upon a majority vote of the members of the public body present and voting at an otherwise open official meeting.

In the absence of a unanimous vote, any vote to enter executive session must be taken by roll call. A motion to enter executive session must state the applicable subdivision in this section, or any other applicable law, pursuant to which the executive session is to be held. The motion and vote to enter executive session must be reported in the minutes of the proceedings. Discussion during executive session is restricted to the purpose specified in the motion to enter executive session.

Any official action concerning the matters considered pursuant to this section must be taken at an open official meeting.

Nothing in § 1-25-1 or this section prevents an executive session or closed meeting if the federal or state Constitution or any federal or state statute permits or requires the session or meeting.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1; SL 2022, ch 4, § 2; SL 2026, ch 6, § 1.
S.D. Codified Laws § 1-16B-34 — SD Code / Title 1 / Chapter 16B / Section 1-16B-34
Establishment of loan funds--Investment
Status: in_force

The authority may establish other funds within the state treasury for its corporate purposes from which the authority may make loans as provided in this chapter. All funds may be invested by the state investment officer pursuant to chapter 4-5 .

Source: SL 1978, ch 9, § 18.
S.D. Codified Laws § 1-16J-1 — SD Code / Title 1 / Chapter 16J / Section 1-16J-1
South Dakota Ellsworth Development Authority created
Status: in_force

There is created the South Dakota Ellsworth Development Authority, a body corporate and politic, with such duties and powers as are set forth in this chapter to carry out the provisions of this chapter. The authority is hereby constituted an independent public instrumentality exercising essential public functions.

Source: SL 2009, ch 8, § 1.
S.D. Codified Laws § 1-16A-97 — SD Code / Title 1 / Chapter 16A / Section 1-16A-97
Procedures to facilitate school district issuance of capital outlay certificates and terms for lease purchase agreements secured by pledge of state aid to education funds
Status: in_force

The authority is authorized to establish policies and procedures, in coordination with the Bureau of Finance and Management, which shall facilitate the issuance by school districts of capital outlay certificates, and the establishment of terms for lease purchase agreements that are secured by a pledge of state aid to education funds as provided in §§ 13-19-27 and 13-19-29 . The authority may enter into agreements with school districts, paying agents, trustees, and the state to implement the provisions of the program. The authority may provide other arrangements and procedures for determining the minimum requirements and related terms and conditions applicable to the pledge of state aid to education funds and the applicable contractual provisions for providing notice and implementing the pledge and payments consistent with §§ 13-19-27 , 13-19-29 , and 13-13-39 .

Source: SL 2015, ch 90, § 5.
S.D. Codified Laws § 1-33-58 — SD Code / Title 1 / Chapter 33 / Section 1-33-58
Commissioner of Bureau of Information and Technology to perform functions of secretary of former Department of Education and Cultural Affairs
Status: in_force

The commissioner of the Bureau of Information and Technology shall perform the functions of the secretary of the former Department of Education and Cultural Affairs relating to the Office of Educational Telecommunications, provided in chapter 13-47 .

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-26B-5 — SD Code / Title 1 / Chapter 26B / Section 1-26B-5
Hearings during sunset procedure
Status: in_force

The committee may hold public hearings and receive testimony from the public and all interested parties during any sunset procedure.

Source: SL 1978, ch 18, § 5; SL 1989, ch 18, § 5.
S.D. Codified Laws § 1-53-13 — SD Code / Title 1 / Chapter 53 / Section 1-53-13
South Dakota Science and Technology Authority transferred
Status: transferred

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

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 63, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16G-56 — SD Code / Title 1 / Chapter 16G / Section 1-16G-56
Definitions relating to reinvestment payment program
Status: in_force

Terms used in §§ 1-16G-56 to 1-16G-68 , inclusive, mean:

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

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

(3) "Completed the project" or "completion of the project," the first date when the project is operational;

(4) "Construction date," the first date earth is excavated or a contractor has initiated work for the purpose of constructing a new or expanded facility or the first date new equipment is located on the project site or existing equipment is removed from the project site for the purpose of equipment upgrades, whichever occurs first;

(5) "Data center," any facility established for the purpose of processing, storage, retrieval, or communication of data;

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

(7) "Equipment upgrades," the installation of new equipment or the replacement or improvement of existing equipment, which is subject to the sales or use tax imposed by chapters 10-45 or 10-46 or contractor's excise tax imposed by chapters 10-46A or 10-46B ;

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

(9) "New or expanded facility," a new building or structure, or the expansion, renovation, or retrofitting of an existing building or structure, which is subject to the contractor's excise tax imposed by chapters 10-46A or 10-46B ;

(10) "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;

(11) "Project," a new or expanded facility with a project cost which exceed twenty million dollars, or equipment upgrades with a project cost which exceed two million dollars. A project includes laboratory and testing facilities, manufacturing facilities, advanced telecommunications capability, data centers, power generation facilities, power transmission facilities, agricultural processing facilities, wind energy facilities, and facilities defined by GOED as targeted industries. A project does not include any building or structure:

(a) Used predominantly for the sale of products at retail, other than the sale of electricity at retail, or the provision of advanced telecommunications capability, to individual consumers;

(b) Used predominantly for residential housing or transient lodging;

(c) Used predominantly to provide health care services;

(d) Used predominantly for the transportation or transmission of natural gas, oil, or crude oil by means of a pipeline; or

(e) That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts;

(12) "Project cost," the amount paid by the project owner in money, credits, property, or other consideration associated with a project including, without limitation, land, labor, materials, furniture, equipment, fees, or fixtures;

(13) "Wind energy facility," any new facility or facility expansion that:

(a) Consists of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that convert wind movement into electricity, and is subject to the tax imposed by §§ 10-35-18 and 10-35-19 ; and

(b) The construction of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B ;

(14) "Advanced telecommunications capability," without regard to any transmission media or technology, is high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology that provides a minimum actual download speed of at least twenty-five megabits per second and actual upload speed of at least three megabits per second.

Source: SL 2013, ch 7, § 24, eff. Mar. 20, 2013; SL 2017, ch 5, § 1.
S.D. Codified Laws § 1-53-26 — SD Code / Title 1 / Chapter 53 / Section 1-53-26
Compromise, adjustment, and collection of claims and obligations
Status: in_force

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to collect, compromise, adjust, or cancel claims and obligations arising out of or administered under §§ 1-53-23 to 1-53-37 , inclusive, or under any mortgage, lease, contract, or agreement entered into or administered pursuant to §§ 1-53-23 to 1-53-37 , inclusive, and, if in the commissioner's judgment is necessary and advisable, pursue the same to final collection in any court having jurisdiction.

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119(1); SDCL § 38-6-5; SL 2019, ch 235 (Ex. Ord. 19-1), § 45, eff. Apr. 14, 2019; SL 2023, ch 3, § 12.
S.D. Codified Laws § 1-56-9 — SD Code / Title 1 / Chapter 56 / Section 1-56-9
Audit findings to be submitted to board
Status: in_force

After the review of an audit in accordance with § 4-11-2.1 , the auditor-general shall submit to the board a copy of any audit report correspondence sent to a state agency identifying audit findings pertaining to federal award programs administered by the state agency.

Source: SL 2016, ch 16, § 9, eff. Mar. 16, 2016.
S.D. Codified Laws § 1-16A-34 — SD Code / Title 1 / Chapter 16A / Section 1-16A-34
Annual planning service fee payable to authority
Status: in_force

In addition to such initial fee, an annual planning service fee shall be paid to the authority by each participating health institution and each participating educational institution in an amount not exceeding one - fourth of one percent of the principal amount of bonds issued on behalf of such institution and outstanding on the first rental payment date under its lease and on each anniversary date thereafter. Such annual planning service fee shall be paid on said dates or in installments as may be satisfactory to the authority.

Source: SL 1972, ch 10, § 15.
S.D. Codified Laws § 1-19A-20 — SD Code / Title 1 / Chapter 19A / Section 1-19A-20
Tax moratorium on increased valuation due to restoration or rehabilitation of historic property
Status: in_force

There is a moratorium on the taxation of increased valuation due to restoration or rehabilitation of real estate placed on the State Register of Historic Places in accordance with § 1-19A-5 and which has been assisted through federal restoration grant - in - aid assistance provided by Public Law 102-575 as amended to January 1, 1994, or which has been substantially restored or rehabilitated with the assistance of the historic preservation loan fund, or which has undergone privately funded restoration or rehabilitation which has been certified as meeting historic preservation standards by the State Historical Society Board of Trustees. The board shall use U.S. Department of the Interior standards for historic preservation projects codified in 36 C.F.R. 67 as of January 1, 1994, to approve or deny certifications. The moratorium shall begin in the year that approval of the completed work is granted and shall extend for a period of eight years.

Source: SL 1978, ch 11, § 2; SL 1980, ch 79; SL 1987, ch 19, § 2; SL 1994, ch 16, § 1.
S.D. Codified Laws § 1-43-18 — SD Code / Title 1 / Chapter 43 / Section 1-43-18
Transmittal of nonresident cancer diagnoses to national cancer registries
Status: in_force

The Department of Health, by agreement, may transmit transcripts or copies of reports of cancer diagnoses to state or national cancer registries if the reports relate to residents of other states or countries. The agreement shall require that the transcripts or records be used under the terms provided in §§ 1-43-11 to 1-43-17 , inclusive.

Source: SL 1992, ch 20, § 2.
S.D. Codified Laws § 1-45-4 — SD Code / Title 1 / Chapter 45 / Section 1-45-4
Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission
Status: in_force

The Department of Education consists of the divisions of workforce and career preparation, education services and resources, library services, and such other divisions and agencies as may be created by law, executive order, or administrative action and placed within the department. Each division shall perform its prescribed functions, subject to the following provisions:

(1) The secretary shall review and make recommendations concerning the annual budget request of each division; and

(2) The secretary may approve comprehensive education plans for the department;

(3) The secretary shall perform any functions assigned to the secretary under federal law; and

(4) The secretary shall perform the functions transferred from other agencies as specified in this chapter; and

(5) The secretary shall perform other personnel, organization, staffing, directing, coordinating, and reporting functions as assigned by law or executive directives of the Office of the Governor.

Source: SL 1973, ch 2, § 239; SL 1991, ch 21, § 1; SL 1996, ch 8, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 101.
S.D. Codified Laws § 1-33B-26 — SD Code / Title 1 / Chapter 33B / Section 1-33B-26
Transfer of functions, responsibility, and authority of former Office of Energy Policy
Status: in_force

All statutory and other functions, administrative responsibilities, and rule - making authority, including quasi - legislative, quasi - judicial, advisory, and special budgetary functions, of the former Office of Energy Policy shall be transferred to the Governor's Office of Economic Development.

All of the functions, programs, personnel, and property of the former Governor's Office of Energy Policy are transferred to the Governor's Office of Economic Development.

Source: SL 1991, ch 16, § 15; SL 1994, ch 410 (Ex. Ord. 93-9), §§ 17, 18.
S.D. Codified Laws § 1-8-1 — SD Code / Title 1 / Chapter 8 / Section 1-8-1
General duties of secretary of state
Status: in_force

It is the duty of the secretary of state:

(1) To file official acts of the Governor to which attestation over the Governor's signature and the great seal is required;

(2) To affix the great seal and the secretary's attestation to all commissions, pardons, and other public instruments to which the signature of the Governor is required except such as relate to school and public lands, and also in attesting and authenticating all certificates, charters, and any and all other documents properly issued by the secretary;

(3) To record in proper books all conveyances made to the state, all appointments and commissions made by the Governor and all official bonds filed in the secretary's office, except bonds of notaries public. All deeds, abstracts of title, and other title papers pertaining to lands owned by the state or by any department or institution of the state, except those under the control of the commissioner of school and public lands, must be filed and preserved in the office of the secretary of state;

(4) To file any document, official oath, official bond, articles of incorporation and amendments thereof, and letters of acceptance which the law requires to be filed in the secretary's office;

(5) To furnish on demand to any person, company, or corporation having paid the lawful fees therefor, a certified copy or copies of all or any part of any law, record, or other instrument kept on file in the secretary's office;

(6) To prepare immediately previous to any regular session of the Legislature, from the proper election returns filed in his office, a roll of all senators elect, and deliver the same to the president of the senate at least thirty minutes before the time fixed by law for the opening of the session; to prepare from such election returns a roll of all the members elected to the house of representatives, and at the time fixed by law to call such members to order and preside until a speaker is elected;

(7) To receipt all fees collected by the secretary under any provision of law, with the date, name of payor, and the nature of the services in each case, which fees so collected by the secretary shall be paid into the state treasury monthly and report thereof made as provided by law;

(8) To cause to be published and distributed a sufficient number of copies of the title, "Elections" for all election officers and to publish and distribute from time to time any amendments made thereto or to the general election laws of this state;

(9) To perform such other duties as are required of the secretary by law.

Source: SDC 1939, § 55.1201; SL 1980, ch 23, § 5; SL 1985, ch 5, § 1; SL 2023, ch 3, § 5.
S.D. Codified Laws § 1-16A-49 — SD Code / Title 1 / Chapter 16A / Section 1-16A-49
Remedies of bondholders on default
Status: in_force

In the event of default in payment of the principal of or interest on any bonds of the authority or in any agreements of the authority made as a part of the contract under which the bonds were issued, whether contained in the resolutions authorizing the bonds or in any trust indenture, mortgage, or deed of trust executed as security therefor, said payment or agreement may be enforced by suit, mandamus, the appointment of a receiver in equity or by foreclosure of any mortgage and deed of trust, or any one or more of said remedies.

Source: SL 1972, ch 10, § 12.
S.D. Codified Laws § 1-16G-60 — SD Code / Title 1 / Chapter 16G / Section 1-16G-60
Permit to submit an affidavit for reinvestment payment
Status: in_force

Upon approval of the application by the Board of Economic Development, GOED shall issue a permit entitling the person to submit an affidavit for reinvestment payment as provided by § 1-16G-61 . The permit and reinvestment payment is assignable and transferable and may be used as collateral or security pursuant to chapter 57A-9 . If the initial permit holder entity reorganizes into a new entity, the new entity shall file with GOED an amended application within sixty days of the reorganization. If either the permit or reinvestment payment, or both, is assigned or transferred to another entity, such entity shall file with GOED an amended application within sixty days.

Source: SL 2013, ch 7, § 28, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-16G-5 — SD Code / Title 1 / Chapter 16G / Section 1-16G-5
Receipt of repayment of loans and interest--Rules--Loans for credit enhancement--Reversion of excess
Status: in_force

Any repayment of loans made and any interest thereon shall be receipted into the revolving economic development and initiative fund and all money in the fund is hereby appropriated for the purposes of making grants and loans as provided in §§ 1-16G-3 to 1-16G-11 , inclusive. The Board of Economic Development may promulgate rules pursuant to chapter 1-26 , to make grants and loans from the revolving economic development and initiative fund, and may establish criteria for the qualification, application, payment, and repayment of funds for such projects.

The board may also make loans from the revolving economic development and initiative fund to the South Dakota Economic Development Finance Authority for the purposes of assisting in the credit enhancement requirements of bond issues, notes, loan guarantees and bond insurance. Any excess in the capital reserve fund of the economic development finance authority on June thirtieth of each year shall revert to the revolving economic development and initiative fund for the purposes of principal and interest reduction.

Source: SL 1987, ch 98, § 15; SL 1988, ch 16; SDCL § 1-42-26 ; SL 2004, ch 11, § 1; SL 2007, ch 5, § 2.
S.D. Codified Laws § 1-16H-17 — SD Code / Title 1 / Chapter 16H / Section 1-16H-17
Loans and grants made by authority
Status: in_force

Loans and grants made by the authority pursuant to the terms of this chapter shall be upon such terms and conditions as the authority may deem necessary, and may be with or without interest and on a secured or unsecured basis.

Source: SL 2004, ch 15, § 17.
S.D. Codified Laws § 1-19B-42 — SD Code / Title 1 / Chapter 19B / Section 1-19B-42
Certificate of appropriateness required for exterior alterations in historic district
Status: in_force

After the designation of an historic district, no exterior portion of any building or other structure (including walls, fences, light fixtures, steps, and pavement, or other appurtenant features) nor above-ground utility structure nor any type of outdoor advertising sign may be erected, altered, restored, moved, or demolished within such district until after an application for a certificate of appropriateness as to exterior features has been submitted to and approved by the Historic District Commission. The municipality shall require such a certificate to be issued by the commission prior to the issuance of a building permit or other permit granted for purposes of constructing or altering structures. A certificate of appropriateness is required whether or not a building permit is required.

Source: SL 1974, ch 21, § 9; SL 2009, ch 1, § 88.
S.D. Codified Laws § 1-6-19 — SD Code / Title 1 / Chapter 6 / Section 1-6-19
Distribution, marketing and sales of bullion pieces, commemorative medallions and commemorative medallion jewelry--Manufacture of jewelry for gifts
Status: in_force

The Bureau of Human Resources and Administration may sell bullion pieces or contract or otherwise arrange for the manufacture, distribution, marketing, and sales of South Dakota bullion pieces, commemorative medallions, or commemorative medallion jewelry items. The bureau may also arrange for the manufacture of jewelry with the bullion piece design, as requested by the Governor, to be given as gifts for promotional or official state purposes.

Source: SL 1986, ch 9, § 3; SL 1988, ch 5, § 6; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-26-1.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-1.3
Delegation of duties by code counsel
Status: in_force

The code counsel, with the consent of the director of the Legislative Research Council, may delegate the duties imposed by this chapter to other persons in the council's office. Each person to whom the duties are delegated has the same power and authority as the code counsel for the purposes of this chapter. The papers specifying the delegation of duties must be filed with the secretary of state.

Source: SL 1977, ch 13, § 11; SL 1989, ch 16, § 2; SL 2009, ch 9, § 1; SL 2025, ch 9, § 4.
S.D. Codified Laws § 1-36-29 — SD Code / Title 1 / Chapter 36 / Section 1-36-29
Board of Social Work Examiners transferred
Status: transferred

The Board of Social Work Examiners, created by chapter 36-26 , and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary of the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Board of Social Work Examiners.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 73, eff. April 12, 2011.
S.D. Codified Laws § 1-33B-3.3 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.3
Measurement and verification defined
Status: in_force

For the purposes of this chapter, the term, measurement and verification, means the methodology, measurements, inspections, and mathematical calculations to determine utility consumption before and after an energy performance contract is implemented. The measurement and verification report may be for an individual cost-saving measure or an entire project. The governmental unit shall determine which measurement and verification method to utilize.

Source: SL 2016, ch 14, § 4.
S.D. Codified Laws § 1-16A-38 — SD Code / Title 1 / Chapter 16A / Section 1-16A-38
Issuance and refunding of bonds and obligations
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to issue bonds, notes, or other obligations for any of its corporate purposes and to refund the same, all as provided for in this chapter.

Source: SL 1972, ch 10, § 7 (8).
S.D. Codified Laws § 1-27-31 — SD Code / Title 1 / Chapter 27 / Section 1-27-31
Circumstances allowing for disclosure of information concerning private entity
Status: in_force

A state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity and disclose the information obtained from such an investigation, examination, or audit as follows:

(1) To the private entity being investigated, examined, or audited;

(2) To those persons whom the private entity has authorized in writing to receive such information;

(3) To the officers, employees, or legal representatives of any other state agency which requests the information in writing for the purpose of investigating and enforcing civil or criminal matters. The written request will specify the particular information desired and the purpose for which the information is requested;

(4) To any administrative or judicial body if the information is directly related to the resolution of an issue in the proceeding, or pursuant to an administrative or judicial order. However, no person may use a subpoena, discovery, or other applicable statutes to obtain such information;

(5) To another state pursuant to an agreement between the State of South Dakota and the other state, but only if the other state agrees to keep the information confidential as set forth in §§ 1-27-28 to 1-27-32 , inclusive;

(6) To the attorney general, state's attorney, or any state, federal, or local law enforcement officer;

(7) To a federal agency pursuant to the provisions of federal law;

(8) To the extent necessary to submit any final reports or filings which are otherwise required by law to be prepared or filed;

(9) Repealed by SL 2004, ch 25, § 4.

(10) To comply with federal law, rules, or program delegation requirements ; or

(11) To the extent necessary to protect the health or welfare of the citizens of this state or nation pursuant to a court order obtained under the same process as orders issued pursuant to § 15-6-65(b).

Source: SL 1996, ch 12, § 4; SL 1997, ch 13, § 1; SL 2004, ch 25, § 4
S.D. Codified Laws § 1-19B-29 — SD Code / Title 1 / Chapter 19B / Section 1-19B-29
Waiver of waiting period when preservation of character of property ensured
Status: in_force

The Historic Preservation Commission may waive all or any portion of the waiting period required by § 1-19B-27 . However, the alteration, remodeling, relocation, or change of use shall be undertaken subject to conditions agreed to by the commission ensuring the continued maintenance of the historical, architectural, archaeological, or cultural integrity and character of the property.

Source: SL 1974, ch 21, § 17; SL 2009, ch 1, § 83.
S.D. Codified Laws § 1-54-17 — SD Code / Title 1 / Chapter 54 / Section 1-54-17
Determination of grant recipients and award amounts
Status: in_force

The department, with the assistance of a group of reviewers designated by the secretary of tribal relations, shall determine grant recipients and award amounts utilizing a competitive process. The group of reviewers shall include three members of the Indian Education Advisory Council established pursuant to § 1-54-11 .

Source: SL 2016, ch 86, § 5; SDCL § 13-14-20 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 27, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-1-15 — SD Code / Title 1 / Chapter 1 / Section 1-1-15
Prosecution of criminal offenses on Indian lands
Status: in_force

All criminal offenses occurring on Indian lands within such counties shall be dealt with and proceeded against in like manner as if they had occurred on other lands within such respective counties.

Source: SL 1957, ch 319, § 2; SDC Supp 1960, § 65.0806.
S.D. Codified Laws § 1-44-22 — SD Code / Title 1 / Chapter 44 / Section 1-44-22
Department may accept and spend funds
Status: in_force

The Department of Transportation may accept and spend all funds, revenues, and proceeds from any source received in connection with the exercise of its powers.

Source: SL 1980, ch 325, § 4; SL 1996, ch 20, § 8.
S.D. Codified Laws § 1-16A-17 — SD Code / Title 1 / Chapter 16A / Section 1-16A-17
Records maintained by authority--Certified copies
Status: in_force

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

Source: SL 1972, ch 10, § 5.
S.D. Codified Laws § 1-15-27 — SD Code / Title 1 / Chapter 15 / Section 1-15-27
Participation in formula grants program of Juvenile Justice and Delinquency Prevention Act
Status: in_force

The State of South Dakota shall participate in the formula grants program established by Part B of the Juvenile Justice and Delinquency Prevention Act of 1974, Pub.L. No. 93-415; 88 Stat. 1109, as amended (42 U.S.C. § 5601 et seq).

Source: SL 1992, ch 372 (Ex. Ord. 92-2), § 22.
S.D. Codified Laws § 1-24-11 — SD Code / Title 1 / Chapter 24 / Section 1-24-11
Pool arrangement defined
Status: in_force

For the purposes of §§ 1-24-11 to 1-24-17 , inclusive, a pool arrangement is any joint power agreement, pool, consortium, or other arrangement or collection of public agencies, whether or not formed under or pursuant to chapter 1-24 and whether or not a separate legal entity, by which one or more public agencies have provided for the payment of claims, liabilities, or other expenses or otherwise provided for or obtained coverage for property, personal injury, and workers compensation claims or group life, health, or accident coverage.

Source: SL 1991, ch 11, § 2.
S.D. Codified Laws § 1-36A-13 — SD Code / Title 1 / Chapter 36A / Section 1-36A-13
Fund for registration of interpreters for the deaf
Status: in_force

The fund for certification of interpreters for the deaf in the state treasury is renamed the fund for registration of interpreters for the deaf. All fees received by the Department of Human Services and money collected under § 1-36A-15 shall be deposited in the fund. Any money in the fund is continuously appropriated to the department for expenses incurred in the provisional certification and registration of interpreters for the deaf and may be expended by the secretary of human services.

Source: SL 1993, ch 21, § 4; SL 1997, ch 14, § 4; SL 2006, ch 6, § 9.
S.D. Codified Laws § 1-41-14.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-14.1
Performance of nonadministrative development functions of former Water Resources Commission
Status: in_force

The Board of Water and Natural Resources created by this chapter shall perform all quasi-legislative, quasi-judicial, advisory, and special budgetary functions (as defined in § 1-32-1 ) of the former Water Resources Commission relating to assisting and joining in arrangements or activities to promote water and related land development.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2005, ch 10, § 38; SDCL § 1-40-12; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-5-4 — SD Code / Title 1 / Chapter 5 / Section 1-5-4
Acts performed on day after holiday
Status: in_force

Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.

Source: SDC 1939, § 65.0405.
S.D. Codified Laws § 1-36A-25 — SD Code / Title 1 / Chapter 36A / Section 1-36A-25
Program for adults and elderly--Establishment--Purposes
Status: in_force

The Department of Human Services may establish a program of services for adults and the elderly to promote the development, coordination, and utilization of resources to meet the long-term needs of adults and the elderly and to provide services to assist them in their social and health problems. The program may include program planning and development, coordination of services for adults and the elderly, and administration of programs funded under the Older Americans Act, Social Security Act, and other federal programs which are available for health, social, transportation, nutrition, counseling, protective, and referral services for adults and the elderly.

Source: SL 1981, ch 199, § 16; SL 2004, ch 167, § 29; SDCL § 28-1-44 ; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 25, eff. Apr. 13, 2017.
S.D. Codified Laws § 1-19B-41 — SD Code / Title 1 / Chapter 19B / Section 1-19B-41
Promulgation of regulations--Personnel--Gifts
Status: in_force

An historic district commission established pursuant to § 1-19B-38 may adopt regulations not inconsistent with the provisions of this chapter, and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept and expend gifts of money for such purposes.

Source: SL 1974, ch 21, § 8; SL 2009, ch 1, § 87.
S.D. Codified Laws § 1-19B-56 — SD Code / Title 1 / Chapter 19B / Section 1-19B-56
Conservation easements--Definitions
Status: in_force

Terms used in §§ 1-19B-56 to 1-19B-60 , inclusive, mean:

(1) "Conservation easement," a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural or open - space values of real property, assuring its availability for agricultural, forest, recreational, or open - space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological or cultural aspects of real property;

(2) "Holder":

(a) A governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

(b) A charitable corporation, charitable association or charitable trust, the purposes or powers of which include retaining or protecting the natural or open - space values of real property, assuring the availability of real property for agricultural, forest, recreational or open - space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, paleontological, or cultural aspects of real property;

(3) "Third - party right of enforcement," a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder.

Source: SL 1984, ch 280, § 1.
S.D. Codified Laws § 1-1-18 — SD Code / Title 1 / Chapter 1 / Section 1-1-18
Indian country--Assumption of jurisdiction
Status: in_force

The State of South Dakota, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280), hereby assumes and accepts jurisdiction of all criminal offenses and civil causes of action arising in the Indian country located within this state, as Indian country is defined by 18 U.S.C., § 1151, and obligates and binds this state to the assumption thereof, the provisions of chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any other law of this state to the contrary, notwithstanding.

Source: SL 1961, ch 464, § 1.
S.D. Codified Laws § 1-54-1 — SD Code / Title 1 / Chapter 54 / Section 1-54-1
Department created--Secretary as head
Status: in_force

There is hereby created a Department of Tribal Relations. The head of the Department of Tribal Relations is the secretary of tribal relations who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 28, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-11-38 — SD Code / Title 1 / Chapter 11 / Section 1-11-38
Investigative subpoena--Certain offenses--Application to judge--Reasonable cause
Status: in_force

In any criminal investigation conducted by the Division of Criminal Investigation involving a state offense related to internet crimes against children or human trafficking, the attorney general or the attorney general's designee may apply to a magistrate judge or circuit judge of Hughes County for judicial approval to issue an investigative subpoena. The attorney general or the attorney general's designee shall submit to the judge a written application demonstrating reasonable cause to believe the business records of a provider are material to an active criminal investigation.

Source: SL 2026, ch 2, § 2.
S.D. Codified Laws § 1-19B-53 — SD Code / Title 1 / Chapter 19B / Section 1-19B-53
Governing body's power to protect historic properties
Status: in_force

In addition to any power or authority of a county or municipality to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any county or municipality may provide by regulations, special conditions, or restrictions for the protection, enhancement, preservation, and use of historic properties. Such regulations, special conditions, and restrictions may include appropriate and reasonable control of the use or appearance of adjacent or associated private property within the public view, or both.

Source: SL 1974, ch 21, § 13; SL 2009, ch 1, § 96.
S.D. Codified Laws § 1-37-17 — SD Code / Title 1 / Chapter 37 / Section 1-37-17
Division of Insurance transferred
Status: transferred

The Division of Insurance created by chapter 58-2 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 Insurance.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 39, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-11-42 — SD Code / Title 1 / Chapter 11 / Section 1-11-42
Investigative subpoena--Production required--Notification prohibition
Status: in_force

A provider served with an investigative subpoena shall produce the business records required by the subpoena. The provider may not provide notice to the account holder, customer, or subscriber whose records are sought if such a prohibition is contained within the investigative subpoena.

Source: SL 2026, ch 2, § 6.
S.D. Codified Laws § 1-32-16 — SD Code / Title 1 / Chapter 32 / Section 1-32-16
Severability of provisions
Status: in_force

If a part of chapters 1-32 to 1-47 , inclusive, is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of said chapters 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. It is hereby declared that the sections, clauses, sentences, and parts of said chapters are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if any section, clause, sentence, or part of said chapters would otherwise be unconstitutional or ineffective.

Source: SL 1973, ch 2, §§ 288, 290; SL 1980, ch 26, § 9.
S.D. Codified Laws § 1-43-12 — SD Code / Title 1 / Chapter 43 / Section 1-43-12
Authority to contract for implementation and maintenance of cancer data collection system
Status: in_force

In establishing a cancer data collection system pursuant to § 1-43-11 , the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the cancer data collection system.

Source: SL 1991, ch 18, § 2.
S.D. Codified Laws § 1-6-20 — SD Code / Title 1 / Chapter 6 / Section 1-6-20
Composition of medallions, bullion, and commemorative medallion jewelry
Status: in_force

Medallions, bullion, and commemorative medallion jewelry shall be made exclusively from South Dakota produced .999 fine gold or silver except as provided in § 1-6-17 .

Source: SL 1986, ch 9, § 4; SL 1988, ch 5, § 7.
S.D. Codified Laws § 1-16A-68 — SD Code / Title 1 / Chapter 16A / Section 1-16A-68
Health education assistance loan program--Payment of bonds
Status: in_force

Notwithstanding § 1-16A-42 , all bonds issued by the authority pursuant to § 1-16A-67 shall be payable out of the revenues with respect to HEAL loans funded under this chapter, or from reserves or other money available for such purpose as may be designated in the resolution of the authority under which the bonds shall be authorized to be issued or as may be designated in a trust indenture authorized by the authority.

Source: SL 1982, ch 10, § 7.
S.D. Codified Laws § 1-26-14.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-14.1
Major rule--Effect of directing rule promulgation
Status: in_force

Legislation directing the promulgation of a major rule may not:

(1) Be interpreted as a grant or modification of statutory authority by the Legislature for the promulgation of a rule; or

(2) Extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule.

Source: SL 2026, ch 7, § 9.
S.D. Codified Laws § 1-16A-52.2 — SD Code / Title 1 / Chapter 16A / Section 1-16A-52.2
Commitments and agreements for financing through federally guaranteed securities
Status: in_force

In furtherance of the powers granted in § 1-16A-52.1 , the authority may acquire or enter into commitments to acquire any federally guaranteed security and to pledge or otherwise use any such federally guaranteed security in such manner as the authority deems in its best interest to secure or otherwise provide a source of repayment of any of its bonds issued to finance or refinance health or educational facilities or to enter into any appropriate agreement with any participating health or educational institution whereby the authority may make a loan to any such participating health or educational institution for the purpose of acquiring or entering into commitments to acquire any federally guaranteed security. Any agreement entered into pursuant to this section may contain such provisions which are deemed necessary or desirable by the authority for the security or protection of the authority or the holders of such bonds. However, the authority, prior to making any such acquisition, commitment or loan, shall first determine, and shall first enter into an agreement with any such participating health or educational institution or any other appropriate institution or corporation to require that the proceeds derived from the acquisition of any such federally guaranteed security will be used, directly or indirectly, for the purpose of financing or refinancing a health or educational facility.

Source: SL 1979, ch 7, § 3.
S.D. Codified Laws § 1-22-8 — SD Code / Title 1 / Chapter 22 / Section 1-22-8
Promulgation of rules
Status: in_force

The South Dakota Arts Council shall promulgate rules, pursuant to chapter 1-26 , for the administration of the arts program supported by federal or state funds. The rules shall include eligibility requirements, application and appeal procedures, conditions for acceptance, and the expenditure of, and accountability for, grant awards.

Source: SL 1985, ch 12, § 9; SL 2009, ch 1, § 116.
S.D. Codified Laws § 1-26-4.11 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.11
Regulatory impact analysis--Contents--Signature required
Status: in_force

For all proposed permanent rules, the agency seeking to promulgate the rule shall, prior to proceeding under § 1-26-4 , prepare a regulatory impact analysis.

The regulatory impact analysis must contain:

(1) A statement of whether the proposed permanent rule is a major rule;

(2) A statement detailing the need for the rule;

(3) The legal basis for the rule;

(4) An examination of alternative options;

(5) A cost-benefit evaluation that contains the proposed rule's:

(a) Estimated primary or direct benefits;

(b) Estimated cost savings or financial benefits to businesses, individuals, other nongovernmental entities, and units of local government;

(c) Estimated compliance costs for businesses, individuals, other nongovernmental entities, and units of local government;

(d) Estimated secondary or indirect costs for businesses, individuals, other nongovernmental entities, and units of local government;

(e) Estimated opportunity cost. The analysis must identify the opportunity cost of compliance as a result of the removal of private capital from the market; and

(f) Impact on small business, with an identification of the type and the estimation of the number of small businesses subject to the proposed rule, and projected reporting and recordkeeping required for compliance with the proposed rule;

(6) Sources consulted; and

(7) Key assumptions and sources of uncertainty.

The chief officer of the agency shall sign the analysis upon verifying its contents.

For purposes of this section, "small business" means a nongovernmental entity that employs twenty-five or fewer full-time employees.

Source: SL 2026, ch 7, § 5.
S.D. Codified Laws § 1-45-3 — SD Code / Title 1 / Chapter 45 / Section 1-45-3
Qualifications of secretary
Status: in_force

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

Source: SL 1973, ch 2, § 238; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.
S.D. Codified Laws § 1-16G-80 — SD Code / Title 1 / Chapter 16G / Section 1-16G-80
Time for new frontiers payment--Additional information
Status: in_force

After the timely receipt of a completed affidavit for new frontiers payment, within ninety days GOED shall make payment from the reinvestment fund established in § 1-16G-64 to the program owner based upon the amount and terms approved by the board. If GOED requests additional documents or information from the program owner, the ninety-day period begins to run from the date of receipt of the additional documents or information. GOED shall tender the new frontiers payment by electronic funds transfer.

Source: SL 2016, ch 5, § 8.
S.D. Codified Laws § 1-16B-12 — SD Code / Title 1 / Chapter 16B / Section 1-16B-12
Transfer of income from capital reserve fund to a general account--Continuous appropriation for purposes of chapter
Status: in_force

The Economic Development Finance Authority may authorize a trustee to transfer any income from the capital reserve fund to a general account also in the custody of a trustee. The money in the authority's accounts is hereby continuously appropriated to the authority to carry out the purposes of this chapter.

Source: SL 1978, ch 9, § 37; SL 1994, ch 12.
S.D. Codified Laws § 1-19B-5 — SD Code / Title 1 / Chapter 19B / Section 1-19B-5
Annual special purpose tax levy--Approval by voters required
Status: in_force

To achieve the purposes of this chapter, the governing body of any county or municipality may levy annual taxes therefor as a special purpose, in addition to any allowed by the Constitution of the State of South Dakota. No tax shall be levied for the purposes of this chapter unless it shall have been first approved by the qualified voters of the county or municipality.

Source: SL 1974, ch 21, § 22.
S.D. Codified Laws § 1-16B-32 — SD Code / Title 1 / Chapter 16B / Section 1-16B-32
Bonds and notes not issued when capital reserve below required amount
Status: in_force

The authority may not issue bonds or notes secured by the capital reserve fund if the capital reserve requirement exceeds the capital reserve fund at the time of issuance, unless the authority, at the time of issuance of such bonds or notes, deposits in the fund an amount which, together with the amount then in the fund, will not be less than the new capital reserve requirement.

Source: SL 1978, ch 9, § 16.
S.D. Codified Laws § 1-16G-6 — SD Code / Title 1 / Chapter 16G / Section 1-16G-6
No appeal by applicant from board's action
Status: in_force

In no event may an applicant appeal from the board's action pursuant to chapter 1-26 .

Source: SL 1988, ch 17, § 2; SDCL 1-42-28.1 .
S.D. Codified Laws § 1-6-5 — SD Code / Title 1 / Chapter 6 / Section 1-6-5
Existing flags remain official
Status: in_force

All state flags made in conformity with state law prior to July 1, 1992, shall remain official state flags but the creation of a state flag from and after that date, other than in conformity with § 1-6-4 , is prohibited.

Source: SDC 1939, § 55.0108 as added by SL 1963, ch 419, § 1; SL 1992, ch 1, § 3.
S.D. Codified Laws § 1-56-2 — SD Code / Title 1 / Chapter 56 / Section 1-56-2
Board created--Membership--Term--Quorum
Status: in_force

There is hereby created a State Board of Internal Control that consists of:

(1) Four individuals representing state agencies under the control of the Governor, appointed by the Governor;

(2) The commissioner of the Bureau of Finance and Management, who serves as the chair;

(3) The state auditor; and

(4) An individual appointed by the executive director of the Board of Regents.

Each individual appointed by the Governor serves a three-year term, provided that the initial appointments are for staggered terms. Any four of the seven members constitutes a quorum.

Source: SL 2016, ch 16, § 2, eff. Mar. 16, 2016; SL 2025, ch 12, § 2.
S.D. Codified Laws § 1-16B-1 — SD Code / Title 1 / Chapter 16B / Section 1-16B-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Agricultural enterprise," the acquisition, construction, reconstruction, rehabilitation, or improvement of land, buildings, improvements thereto, or personal property located in the state that are necessary or suitable for use in farming, ranching, or the production of agricultural commodities or necessary or suitable for treating, processing, storing, or transporting raw agricultural commodities;

(2) "Authority," the South Dakota Economic Development Finance Authority created by this chapter;

(3) "Beginning farmer," an individual or partnership with a low or moderate net worth that engages in or wishes to engage in farming or ranching;

(4) "Board," the board of directors of the authority;

(5) "Bonds," bonds, notes and certificates, and bond, grant, or revenue anticipation notes or any other evidence of indebtedness representing an obligation to pay money;

(6) "Business enterprise," a work or improvement located within the state including real property, buildings, equipment, furnishings and, any other real and personal property or any interest therein, financed, refinanced, acquired, owned, constructed, reconstructed, extended, rehabilitated, improved, or equipped, directly or indirectly, in whole or in part, by the authority or through loans made by the authority and which is designed and intended for the purpose of providing facilities for manufacturing, industry, processing, warehousing, commerce (including wholesale or retail trade), recreation, hotel, office, research, business (whether or not for profit), or other related purposes, including the machinery and equipment necessary or desirable for the operation thereof;

(7) "Cost" or "Cost of establishing a development project," any or all of the following:

(a) The cost of construction, including the cost of acquisition and remodeling of existing buildings and structures, demolishing, removing, or relocating existing buildings or structures, the construction of new buildings and structures, and heating, air conditioning, lighting, and plumbing;

(b) The cost of all lands, property, rights, easements, and franchises acquired, that are necessary for the construction;

(c) Financing charges, interest prior to and during construction, the cost of engineering, legal expenses, plans, specifications, surveys, and necessary reserves;

(d) Estimates of costs and other expenses necessary or incidental to determining the feasibility or practicability of any development project together with any other expenses necessary or incidental to the financing and construction of the development project and the placing of the development project in operation; and

(e) The cost of acquisition and installation of machinery, equipment, and other tangible personal property;

(8) "Development project," any site, structure, facility, service, utility, or undertaking comprising, serving, or being a part of any industrial or agricultural or nonagricultural products, storage, distribution, or manufacturing enterprise;

(9) "Enterprise," except when a part of the term, business enterprise, any person, partnership, firm, limited liability company, company, or corporation, organized for profit or not, which is determined by the authority, after proper investigation, to be financially responsible to assume all loan payments and all other obligations prescribed by the authority in the purchase of a development project and in the operation of an industrial, processing, storage, distribution, or manufacturing enterprise therein or thereon;

(10) "Lender," any federal or state chartered bank, insurance company, credit union, mortgage loan company, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, small business investment company, or any other institution or association qualified within this state to originate and service loans;

(11) "Working capital needs of business," the requirements of any manufacturing, industrial, processing, warehousing, commercial (including wholesale or retail trade), recreational, hotel, office, research, farming, or ranching enterprise located in the state or enterprise located in the state engaged in the production of agricultural commodities to finance cash flow, inventory, receivables or other current assets or to finance the cost of operating expenses of the enterprise or any combination of the foregoing.

Source: SL 1978, ch 9, § 1(1) to (3); SL 1986, ch 14, § 1; SL 2009, ch 1, § 3; SL 2020, ch 4, § 3.
S.D. Codified Laws § 1-54-11 — SD Code / Title 1 / Chapter 54 / Section 1-54-11
Office of Indian Education established--Annual report
Status: in_force

The Office of Indian Education is hereby established within the Department of Tribal Relations. The Office of Indian Education shall support initiatives in order that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South Dakota's unique American Indian culture. The secretary of the Department of Tribal Relations shall appoint an Indian Education Advisory Council. The council shall consist of representatives of all nine tribes in South Dakota along with Native American educators from all parts of the state. The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes. The council members shall serve for three-year terms. The council shall make an annual report to the Governor and the State-Tribal Relations Committee by January first each year.

Source: SL 2007, ch 82, § 1; SDCL § 13-1-47; SL 2019, ch 235 (Ex. Ord. 19-1), § 20, eff. Apr. 14, 2019; SL 2022, ch 7, § 1.
S.D. Codified Laws § 1-6-16.6 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.6
State Hall of Fame
Status: in_force

The South Dakota Hall of Fame in Chamberlain is the official Hall of Fame of South Dakota.

Source: SL 1996, ch 3.
S.D. Codified Laws § 1-22-2.2 — SD Code / Title 1 / Chapter 22 / Section 1-22-2.2
Per diem and expenses of council members
Status: in_force

The per diem and expenses of members of the council shall be paid out of funds appropriated for the council on warrants drawn by the state auditor upon itemized vouchers approved by the chair of the state arts council.

Source: SL 1966, ch 183, § 7 as added by SL 1968, ch 240; SL 1985, ch 12, § 4; SL 2009, ch 1, § 111.
S.D. Codified Laws § 1-55-2 — SD Code / Title 1 / Chapter 55 / Section 1-55-2
Obligation recovery center created
Status: in_force

There is hereby created the obligation recovery center, which is attached to the Bureau of Human Resources and Administration for budgeting and reporting purposes. The center is a central repository for identification, registration, oversight, and collection of debts owed to any agency or department of the state or to any postsecondary technical institute supported by the state under § 13-39A-42 .

Source: SL 2015, ch 14, § 1; SL 2019, ch 13, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-15-1.5 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.5
Department to perform functions of former Board of Charities and Corrections
Status: in_force

The Department of Corrections shall perform all of the functions of the former Board of Charities and Corrections for the agencies in § 1-15-1.4 .

Source: SL 1989, ch 20, § 4.
S.D. Codified Laws § 1-8-6 — SD Code / Title 1 / Chapter 8 / Section 1-8-6
Form of certification by secretary of state--Disposition of fees
Status: in_force

After such certified copy has been prepared, the secretary of state shall attach thereto a certificate as follows:

Department of State

This is to certify that the attached instrument of writing is a true, correct, and examined copy of __________________ and the whole thereof, and has been carefully compared with the original now on file in this office and found correct.

In testimony whereof, I have hereunto set by hand and affixed the great seal of the state of South Dakota at the city of Pierre, the capital, on this ___ day of ___ 20__.

____________________________

Secretary of State

Fees, $________ ____________________________

Deputy Secretary of State

Such certificate shall be signed by the secretary of state or by his deputy, and shall contain on its face a statement of the fees received therefor. It shall be the duty of the secretary of state to pay over to the state treasurer the fees received for making the copy of the document, book, instrument, paper, or law to which such certificate is to be attached.

Source: SDC 1939, § 55.1205; SL 1959, ch 288; SL 1985, ch 5, § 4.
S.D. Codified Laws § 1-16A-54.4 — SD Code / Title 1 / Chapter 16A / Section 1-16A-54.4
Title of financed facility to remain in participating institution--Mortgage--Lease prohibited
Status: in_force

If an educational or health facility is financed pursuant to §§ 1-16A-54.1 to 1-16A-54.3 , 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 the mortgage, if any, securing the securities being purchased. There may not be a lease of the facility between the authority and the institution.

Source: SL 1976, ch 9, § 2; SL 2013, ch 5, § 3.
S.D. Codified Laws § 1-39-2 — SD Code / Title 1 / Chapter 39 / Section 1-39-2
Secretary as head of department
Status: in_force

The head of the Department of Game, Fish and Parks is the secretary of the Department of Game, Fish and Parks.

Source: SL 1973, ch 2, § 108; SL 1973, ch 264, § 7.
S.D. Codified Laws § 1-6-3.3 — SD Code / Title 1 / Chapter 6 / Section 1-6-3.3
Use of state seal--Royalty--Exceptions
Status: in_force

The secretary of state shall charge a royalty for the privilege of using the state seal. The secretary of state may not charge a royalty if the state seal is used for an educational purpose or as an emblem under chapter 32-5 . All royalty fees collected pursuant to this chapter shall be deposited in the state general fund.

Source: SL 1986, ch 8, § 2; SL 1987, ch 3, § 3; SL 1988, ch 5, § 3; SL 2006, ch 2, § 1; SL 2011, ch 3, § 3; SL 2020, ch 131, § 6.
S.D. Codified Laws § 1-11-4 — SD Code / Title 1 / Chapter 11 / Section 1-11-4
Assistant attorneys general--Appointment and compensation--Powers--Oath
Status: in_force

The attorney general may appoint such assistant attorneys general as may be necessary for efficient performance of his duties and may fix their compensation but no expenditure for any such purposes in excess of the amounts appropriated by the Legislature is authorized. The appointments of such assistants shall be in writing and filed in the Office of the Secretary of State.

Such assistant attorney general shall have the same power and authority as the attorney general, and he shall, before entering upon the duties of his office, take and subscribe the official oath prescribed by the Constitution.

Source: SDC 1939, § 55.1502; SL 1963, ch 305.
S.D. Codified Laws § 1-10-9 — SD Code / Title 1 / Chapter 10 / Section 1-10-9
Annual report
Status: in_force

The Teen Court Association shall submit an annual report to the state treasurer not later than October first of each year. The annual report shall detail the name and location of organizations receiving grant awards. The report shall also contain the amount and duration of such awards, their purpose, and the administrative costs associated with such awards.

Source: SL 2007, ch 3, § 5, eff. Mar. 16, 2007.
S.D. Codified Laws § 1-27-11 — SD Code / Title 1 / Chapter 27 / Section 1-27-11
Board to supervise destruction of records--State records manager as ex officio member--Permission required for destruction
Status: in_force

There is hereby created a board consisting of the commissioner of human resources and administration, state auditor, attorney general, auditor-general, and state archivist to supervise and authorize the destruction of records. The state records manager shall also serve as an ex officio member in an advisory capacity only. No record may be destroyed or otherwise disposed of by any agency of the state unless it is determined by majority vote of the board that the record has no further administrative, legal, fiscal, research, or historical value.

Source: SL 1967, ch 253, § 7; SL 1975, ch 20; SL 1976, ch 19, § 2; SL 2011, ch 2, § 21; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16A-60 — SD Code / Title 1 / Chapter 16A / Section 1-16A-60
Additional proceedings not required--Police power reserved
Status: reserved

No proceedings, referendum, notice, or approval shall be required for the creation of the authority or the issuance of any bonds or any instrument as security therefor, except as herein provided, any other law to the contrary notwithstanding; provided, that nothing herein shall be construed to deprive the state and its governmental subdivisions of their respective police powers over properties of the authority, or to impair any power thereover of any official or agency of the state and its governmental subdivisions which may be otherwise provided by law.

Source: SL 1972, ch 10, § 17.
S.D. Codified Laws § 1-27-1.7 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.7
Certain drafts, notes, and memoranda exempt from disclosure
Status: in_force

Drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated or recommended are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclusive.

Source: SL 2009, ch 10, § 8.
S.D. Codified Laws § 1-33B-22 — SD Code / Title 1 / Chapter 33B / Section 1-33B-22
Disbursements from energy conservation special revenue fund
Status: in_force

Disbursements from the energy conservation special revenue fund shall be paid on warrants drawn by the state auditor on vouchers approved by the commissioner of the Governor's Office of Economic Development.

Source: SL 1988, ch 22, § 7; SL 1991, ch 16, § 14; SL 1994, ch 410 (Ex. Ord. 93-9), § 17; SL 2009, ch 1, § 125; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 97, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16G-58 — SD Code / Title 1 / Chapter 16G / Section 1-16G-58
Application for reinvestment payment
Status: in_force

Before any person receives any reinvestment payment as provided in §§ 1-16G-56 to 1-16G-68 , inclusive, the person shall file an application with GOED. The application may be filed no later than ninety days after the construction date. No person may receive any reinvestment payment as provided by §§ 1-16G-56 to 1-16G-68 , inclusive, if the application is not timely filed with GOED.

The application shall include the following information:

(1) The project owner's name and contact information;

(2) The general description of the project;

(3) The construction date of the project;

(4) The projected date for completion of the project;

(5) The estimated project costs;

(6) The location of the project;

(7) The legal description of the project location;

(8) A list of the anticipated contractors and subcontractors that will perform work on the project; and

(9) Any other information that GOED may require.

The application shall be on a form prescribed by the commissioner. The application shall be signed by the project owner under penalty of perjury, and signed under oath before a notary public. No application may include more than one project.

Source: SL 2013, ch 7, § 26, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-16J-16 — SD Code / Title 1 / Chapter 16J / Section 1-16J-16
State not liable for principal or interest on bonds, notes, 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, and 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 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 2009, ch 8, § 16.
S.D. Codified Laws § 1-47-1.1 — SD Code / Title 1 / Chapter 47 / Section 1-47-1.1
Department created
Status: in_force

There is hereby created a Department of Revenue.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 35, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16G-55 — SD Code / Title 1 / Chapter 16G / Section 1-16G-55
Promulgation of rules regarding economic development partnership fund
Status: in_force

The Board of Economic Development shall promulgate rules pursuant to chapter 1-26 regarding the application process and timelines, the guidelines and criteria for approval of applications, and the distribution of funds from the economic development partnership fund.

Source: SL 2013, ch 7, § 9, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-16J-13 — SD Code / Title 1 / Chapter 16J / Section 1-16J-13
Pledge of revenues from lease or loan agreement--Trust agreement--Remedy
Status: in_force

To secure the payment of any revenue bond, note, or other instrument, the revenues to be received by the authority from a lease agreement or loan agreement shall be pledged, and, for the purpose of setting forth the covenants and undertakings of the authority in connection with the issuance thereof and the issuance of any additional revenue bond, note, or other instrument payable from such revenue, income, or other fund to be derived from any facilities, the authority may execute and deliver a trust agreement. A remedy for any breach or default of the terms of any such trust agreement by the authority may be by mandamus proceedings in circuit court to compel the performance and compliance with the trust agreement, but the trust agreement may prescribe by whom or on whose behalf the action may be instituted.

Source: SL 2009, ch 8, § 13.
S.D. Codified Laws § 1-22-2.1 — SD Code / Title 1 / Chapter 22 / Section 1-22-2.1
Terms of office of council members
Status: in_force

The term of office of members of the State Arts Council is three years. The terms shall be staggered so that terms of four members expire on consecutive years and the terms of three members expire every three years. Any person appointed to fill the unexpired term of another appointee shall serve the balance of the unexpired term.

Source: SL 1966, ch 183, § 8 as added by SL 1968, ch 240; SL 1973, ch 7, § 1; SL 1985, ch 12, § 3; SL 1996, ch 8, § 9.
S.D. Codified Laws § 1-16A-78 — SD Code / Title 1 / Chapter 16A / Section 1-16A-78
Authority to issue education savings bonds
Status: in_force

The authority may designate bonds or certificates of participation described in § 1-16A-79 as South Dakota education savings bonds or certificates.

Source: SL 1990, ch 10, § 1.
S.D. Codified Laws § 1-16B-14.1 — SD Code / Title 1 / Chapter 16B / Section 1-16B-14.1
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 Economic Development Finance Authority 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 shall be exempt from disclosure. Any discussion or consideration of such trade secrets or commercial or financial information may be held by the Economic Development Finance Authority in executive session.

Source: SL 1988, ch. 17, § 5.
S.D. Codified Laws § 1-16A-55 — SD Code / Title 1 / Chapter 16A / Section 1-16A-55
Bonds of authority as legal investments
Status: in_force

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

Source: SL 1972, ch 10, § 20; SL 1992, ch 60, § 2; SL 1993, ch 213, § 73.
S.D. Codified Laws § 1-26-25 — SD Code / Title 1 / Chapter 26 / Section 1-26-25
Form, contents and notice of decisions, orders and findings
Status: in_force

A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. It may affirm, modify, or nullify action previously taken or may direct the taking of new action within the scope of the notice of hearing. It shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any decision or order. Upon request a copy of the decision or order shall be delivered or mailed forthwith to each party and to his attorney of record.

Source: SL 1966, ch 159, § 12; SL 1978, ch 13, § 8.
S.D. Codified Laws § 1-44-27 — SD Code / Title 1 / Chapter 44 / Section 1-44-27
Approval by Railroad Board of department activities
Status: in_force

The Department of Transportation shall obtain the approval of the Railroad Board in the matters of operation, management, finance, marketing, and development of rail service over all properties and facilities acquired, leased, or controlled by the state.

Source: SL 1980, ch 325, § 9; SL 1996, ch 20, § 10.
S.D. Codified Laws § 1-18C-3 — SD Code / Title 1 / Chapter 18C / Section 1-18C-3
State archivist--Appointment and compensation
Status: in_force

The state archives shall be administered by a state archivist who shall be appointed by the secretary of the Department of Education, subject to the Governor's approval, and shall serve at the pleasure of the secretary. Compensation for the state archivist shall be determined according to guidelines established by the Bureau of Human Resources and Administration and within the limits of available appropriations.

Source: SL 1975, ch 24, § 3; SL 1979, ch 353, § 13; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2012, ch 23, § 89; 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 § 1-32-5 — SD Code / Title 1 / Chapter 32 / Section 1-32-5
Secretary's access to records within department--Restrictions on disclosure
Status: in_force

The secretary of the principal department shall have complete access to the records of any agency within his department, provided, however, that any statutory restrictions on the disclosure of confidential information and penalties for unlawful disclosure of such information shall apply to the secretary of the principal department.

Source: SL 1973, ch 2, § 8.
S.D. Codified Laws § 1-19B-59 — SD Code / Title 1 / Chapter 19B / Section 1-19B-59
Validity of conservation easements
Status: in_force

A conservation easement is valid even though:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to another holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(6) The benefit does not touch or concern real property; or

(7) There is no privity of estate or of contract.

Source: SL 1984, ch 280, § 4.
S.D. Codified Laws § 1-16A-18 — SD Code / Title 1 / Chapter 16A / Section 1-16A-18
Acceptance of loans and gifts
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to receive and accept from any public agency loans or grants for or in aid of the construction of facilities or any portion thereof, or for equipping the same, and to receive and accept grants, gifts or other contributions from any source.

Source: SL 1972, ch 10, § 7 (11).
S.D. Codified Laws § 1-41-15.4 — SD Code / Title 1 / Chapter 41 / Section 1-41-15.4
Functions of Water Management Board
Status: in_force

The Water Management Board shall perform all functions exercised by the former State Water Rights Commission. The Water Management Board shall perform the quasi - legislative, quasi - judicial, and special budgetary functions pursuant to chapters 34A-2 and 34A-3 , and all advisory functions relating to water quality and water hygiene, except such functions as are specifically conferred by law upon the secretary.

Source: SL 1979, ch 354, §§ 24, 29; SL 1993, ch 257, § 10; SDCL § 1-40-19; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-51-1 — SD Code / Title 1 / Chapter 51 / Section 1-51-1
Department of Public Safety created
Status: in_force

There is hereby created a Department of Public Safety. The head of the Department of Public Safety is the Secretary of Public Safety who shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 18.
S.D. Codified Laws § 1-41-14 — SD Code / Title 1 / Chapter 41 / Section 1-41-14
Performance of administrative development functions of Water Resources Commission
Status: in_force

Except as provided in § 1-41-14.1 , the Department of Agriculture and Natural Resources shall, under the direction and control of the secretary of agriculture and natural resources, perform all the functions of the former Water Resources Commission relating to assisting and joining in arrangements or activities to promote water and related land development.

Source: SL 1973, ch 2, § 124; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-11; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-19A-1 — SD Code / Title 1 / Chapter 19A / Section 1-19A-1
Legislative findings and declaration
Status: in_force

The South Dakota Legislature finds and declares that it is in the best interest of the state and its citizens to provide for the preservation of its historical, architectural, archaeological, paleontological, and cultural sites by protecting, restoring, and rehabilitating sites, buildings, structures, and antiquities of the state which are of historical significance.

Source: SL 1973, ch 14, § 1; SL 1980, ch 12, § 1.
S.D. Codified Laws § 1-16B-21 — SD Code / Title 1 / Chapter 16B / Section 1-16B-21
Repurchase and cancellation of notes and bonds--Maximum price paid
Status: in_force

The authority, subject to agreements with noteholders or bondholders may purchase notes or bonds of the authority, which shall thereupon be canceled, at a price not exceeding:

(1) If the notes or bonds are then redeemable, the redemption price then applicable, plus accrued interest to the next interest payment thereon; or

(2) If the notes or bonds are not then redeemable, the redemption price applicable on the first date after the purchase upon which the notes or bonds become subject to redemption plus accrued interest to the date.

Source: SL 1978, ch 9, § 13.
S.D. Codified Laws § 1-20-20 — SD Code / Title 1 / Chapter 20 / Section 1-20-20
Duties of state archaeologist--Employment of personnel
Status: in_force

The state archaeologist shall administer the preservation and protection of the state's archaeological resources pursuant to this chapter. The secretary of education may employ such qualified persons as may be needed to assist the state archaeologist in the performance of the duties prescribed by this chapter.

Source: SL 1974, ch 11, § 3; SL 1979, ch 353, § 14; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2005, ch 10, § 8; SL 2009, ch 1, § 100; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 21, eff. Apr. 20, 2015.
S.D. Codified Laws § 1-33B-4.1 — SD Code / Title 1 / Chapter 33B / Section 1-33B-4.1
Loans, leases, or grants to municipality or county--Agreement upon terms and conditions
Status: in_force

Notwithstanding § 9-25-16 or any other provision of law, the Governor's Office of Energy Policy may make loans, leases, or grants to any municipality or county from the energy conservation loan special revenue fund. The terms and conditions of loans, leases, or grants made pursuant to this section shall be agreed to by the municipality or county by resolution and the Governor's Office of Energy Policy.

Source: SL 1990, ch 62, § 1; SL 1991, ch 16, § 13.
S.D. Codified Laws § 1-33-40 — SD Code / Title 1 / Chapter 33 / Section 1-33-40
Determining divisions within the Bureau of Information and Technology
Status: in_force

Divisions within the Bureau of Information and Technology shall be determined by the commissioner.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 20; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-26-31.2 — SD Code / Title 1 / Chapter 26 / Section 1-26-31.2
Contents of notice of appeal
Status: in_force

The notice of appeal shall contain the names of the parties and the county to which the appeal is taken; it shall designate in plain and concise language the order or decision from which the appeal is taken; and it shall be dated and signed by the appellant or his attorney.

Source: SDC 1939 & Supp 1960, § 33.4209; SDCL, § 21-33-6; SL 1975, ch 17, § 4; SL 1977, ch 13, § 13.
S.D. Codified Laws § 1-16A-84 — SD Code / Title 1 / Chapter 16A / Section 1-16A-84
Designation by authority required for education savings bonds
Status: in_force

No bond, certificate, or other evidence of indebtedness may be designated or described in a manner suggesting qualification as an education savings bond or certificate unless such bond, certificate, or other evidence of indebtedness has been so designated by the health and educational facilities authority pursuant to the provisions of this chapter.

Source: SL 1990, ch 10, § 7.
S.D. Codified Laws § 1-25A-1 — SD Code / Title 1 / Chapter 25A / Section 1-25A-1
Purchase of advertising time permitted for public announcements
Status: in_force

Any office, agency, board, or commission of this state or any of its counties, townships or municipalities is hereby authorized to purchase radio and television advertising time to broadcast any announcement found to be in the public interest.

Source: SL 1973, ch 17.
S.D. Codified Laws § 1-26-7.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-7.1
Agency's statement of reasons for adoption or rejection of rule
Status: in_force

Upon adoption of a rule or upon the rejection of a petition filed pursuant to § 1-26-13 , an agency, if requested to do so in writing by an interested person either prior to adoption or rejection or within thirty days thereafter, shall issue a written, concise statement of the principal reasons for and against the rule's adoption, and its reasons for overruling the considerations urged against the rule's adoption or rejection. The agency must serve a copy of the statement on the members of the Interim Rules Review Committee and code counsel.

Source: SL 1966, ch 159, § 3; SDCL, § 1-26-4 (2); SL 1972, ch 8, § 5; SL 1975, ch 16, § 17; SL 1983, ch 5, § 2; SL 1997, ch 12, § 1; SL 2025, ch 9, § 19.
S.D. Codified Laws § 1-18B-5 — SD Code / Title 1 / Chapter 18B / Section 1-18B-5
Acceptance and administration of gifts and grants
Status: in_force

The State Historical Society Board of Trustees may apply for, receive, accept, and administer any gift, bequest, devise, or grant of money or property, either public or private, and may comply with the requirements of the donor or grantor as a condition thereof, to further the purposes and accomplish the duties of the board as assigned by law.

Source: SL 1974, ch 9, § 5.
S.D. Codified Laws § 1-36A-10.5 — SD Code / Title 1 / Chapter 36A / Section 1-36A-10.5
Registered interpreters for the deaf--Certification--Promulgation of rules
Status: in_force

A person may be registered as a certified interpreter for the deaf if:

(1) The person is certified by and in good standing with:

(a) The Registry of Interpreters for the Deaf;

(b) The National Association of the Deaf;

(c) The Educational Interpreter Performance Assessment Center, with a score of at least 3.5; or

(d) Any other entity approved by the Department of Human Services; and

(2) The department finds that the certification offered by an entity referenced in subdivision (1) of this section meets the minimum competency standards established by rules promulgated by the department, in accordance with chapter 1-26 .

A person may also be registered if the person was certified by the department, prior to July 1, 2006, provided the person maintains registration, completes eighty continuing education contact hours every four years and remains in good standing with the department.

Any person certified pursuant to this section shall register annually with the department.

Source: SL 2006, ch 6, § 4; SL 2010, ch 11, § 1; SL 2023, ch 7, § 1.
S.D. Codified Laws § 1-16A-83 — SD Code / Title 1 / Chapter 16A / Section 1-16A-83
Plan of implementation for issuance and sale of education savings bonds
Status: in_force

The authority may develop a plan of implementation for the issuance and sale of bonds or certificates of participation as education savings bonds or certificates, including:

(1) The advertising to inform the public about the availability of such bonds or certificates;

(2) The marketing and financing of the issue and sale; and

(3) The establishment of specific increments, maturities, and denominations in which such bonds or certificates shall be marketed in order to make the bonds or certificates affordable and funds available at the time when such funds are needed to pay education costs.

Upon the request of the authority, the State Board of Regents, the state treasurer, and any department, agency, or state authority may assist the authority in the preparation and implementation of such plan.

Source: SL 1990, ch 10, § 6.
S.D. Codified Laws § 1-27-35 — SD Code / Title 1 / Chapter 27 / Section 1-27-35
Informal requests for disclosure of records--Costs of retrieval or reproduction
Status: in_force

Any informal request for disclosure of documents or records shall be made to the custodian of the record. The custodian of the record may then provide the requestor with the document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule. A requestor that makes an informal request requiring the dedication of staff time in excess of one hour may be required to pay the cost of the staff time necessary for the location, assembly, or reproduction of the public record. If any records are required or permitted to be made public upon request and no other rate is prescribed for reproduction or retrieval of such records, the Bureau of Human Resources and Administration shall establish, by rules promulgated pursuant to chapter 1-26 , the maximum rate, or the formula for calculating rates, for reproduction and retrieval.

Source: SL 2008, ch 14, § 3; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-26-38 — SD Code / Title 1 / Chapter 26 / Section 1-26-38
Suspension of provisional rules by interim committee--Hearing on suspension--Filing and duration of suspension
Status: in_force

The Interim Rules Review Committee may, by an affirmative vote of not less than a majority of the members of the committee, suspend provisional rules or rules which have not become effective. To suspend a rule, the committee shall:

(1) Give the agency which promulgated the rule at least two weeks notice of a hearing on the proposed suspension;

(2) Hold a hearing, which may be in conjunction with a regular committee meeting. At the hearing, the burden of proof that the rule is necessary and does not violate any constitutional or statutory provision or the legislative intent when authority to promulgate the rule was given, is on the agency;

(3) File an appropriate resolution of such action with the secretary of state.

The suspension is effective from the date of such filing. A suspended rule shall remain suspended until July first of the year following the year in which it became, or would have become, effective, and may not be enforced during that period.

Source: SL 1966, ch 159, § 17; repealed SL 1972, ch 8, § 36; re - enacted SL 1975, ch 19; SL 1978, ch 13, § 11; SL 2003, ch 17, § 3.
S.D. Codified Laws § 1-16A-33 — SD Code / Title 1 / Chapter 16A / Section 1-16A-33
Initial planning service fee to accompany applications
Status: in_force

When any application is made to the authority by any participating health institution or participating educational institution for financial assistance to provide for its facilities, such application shall be accompanied by an initial planning service fee in an amount determined by the authority, but in any event not exceeding the lesser of ten thousand dollars or one - fourth of one percent of the principal amount of bonds covered by such application. Such initial planning service fee shall be included in the cost of the facilities to be financed and shall not be refundable by the authority whether or not any such application is approved.

Source: SL 1972, ch 10, § 15.
S.D. Codified Laws § 1-41-2.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-2.1
Qualifications of secretary
Status: in_force

The secretary of the Department of Agriculture and Natural Resources shall be qualified by training and experience to administer the programs of the Department of Agriculture and Natural Resources and shall have such other qualifications as may be specified by statute.

Source: SL 1973, ch 2, § 117; SL 1991, ch 17, (Ex. Ord. 91-4), § 17; SDCL § 1-40-3; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-19B-62 — SD Code / Title 1 / Chapter 19B / Section 1-19B-62
Ordinance requiring review of undertakings which will encroach upon, damage or destroy historic property
Status: in_force

Any county or municipality may enact an ordinance requiring a county or municipal historic preservation commission to review any undertaking, whether publicly or privately funded, which will encroach upon, damage, or destroy any historic property included in the national register of historic places or the state register of historic places. The ordinance may require the issuance of a permit before any undertaking which will encroach upon, damage, or destroy historic property may proceed. The decision to approve or deny a permit shall be based on the standards for historic preservation, restoration, and rehabilitation projects adopted by rules promulgated pursuant to § 1-19A-29 . Properties owned by the State of South Dakota are exempt from local review.

Source: SL 1994, ch 16, § 4; SL 2011, ch 9, § 2.
S.D. Codified Laws § 1-56-1 — SD Code / Title 1 / Chapter 56 / Section 1-56-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Board," the State Board of Internal Control;

(2) "Code of conduct," a set of ethical principles and guidelines that constitutes appropriate behavior within a state agency;

(3) "Internal control," a process that integrates the plans, activities, policies, attitudes, procedures, systems, resources, and efforts of a state agency and that is designed to provide reasonable assurance that the state agency will achieve its objectives and missions and to detect and prevent financial malfeasance;

(4) "Internal control officer," the individual designated by each state agency to oversee the implementation, monitoring, and reporting of internal control systems in accordance with the board's guidelines and standards;

(5) "Pass-through grant," a grant awarded by a federal entity to a state agency and transferred or passed to a sub-recipient by the state;

(6) "State agency," any constitutional officer, the Board of Regents, and any department, division, bureau, board, commission, committee, authority, or agency under the authority of the Governor;

(7) "Sub-recipient," an entity that expends a pass-through grant.

Source: SL 2016, ch 16, § 1, eff. Mar. 16, 2016; SL 2025, ch 12, § 1.
S.D. Codified Laws § 1-41-12 — SD Code / Title 1 / Chapter 41 / Section 1-41-12
State geologist--Duties
Status: in_force

The secretary of the Department of Agriculture and Natural Resources may employ a geologist with an advanced degree in geology or related physical science as the state geologist. The state geologist shall act as advisor to the secretary in all matters pertaining to geology, hydrology, and natural history. The state geologist shall primarily conduct research to evaluate the natural resources of the state.

Source: SL 1973, ch 2, § 119; SL 1991, ch 17 (Ex. Ord. 91-4), § 20; SL 2017, ch 10, § 1; SDCL § 1-40-7; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-11-15 — SD Code / Title 1 / Chapter 11 / Section 1-11-15
Consolidation of legal services in state government
Status: in_force

Except for legal services performed by a deputy or assistant attorney general employed by the state, any legal services performed for the state or any branch, department, agency, institution, board, commission, or other entity of state government shall be performed pursuant to a written contract. All contracts for legal services shall be filed with the attorney general. The provisions of this section do not apply to any attorney employed by the Unified Judicial System, the Legislative Research Council, or the judicial or legislative branches of the state.

Source: SL 1994, ch 6.
S.D. Codified Laws § 1-11-45 — SD Code / Title 1 / Chapter 11 / Section 1-11-45
Investigative subpoena--Liability limitation
Status: in_force

No cause of action lies in any court against a provider, or any agent, employee, or officer of the provider, for providing assistance, information, or facilities in accordance with the terms of an investigative subpoena.

Source: SL 2026, ch 2, § 9.
S.D. Codified Laws § 1-44-8 — SD Code / Title 1 / Chapter 44 / Section 1-44-8
Transportation Commission authority over allocation of construction funds
Status: in_force

Notwithstanding other provisions of this title, the Transportation Commission has final authority within the Department of Transportation over the allocation of all funds for the construction of transportation facilities.

Source: SL 1973, ch 2, § 234; SL 2010, ch 145, § 5.
S.D. Codified Laws § 1-16B-48 — SD Code / Title 1 / Chapter 16B / Section 1-16B-48
Annual reports of authority--Contents
Status: in_force

The authority shall submit annual reports. The reports shall include:

(1) Its operations and accomplishments;

(2) Its receipts and expenditures during the previous fiscal year;

(3) Its assets and liabilities at the end of the previous fiscal year, including a schedule of its mortgage loans and commitments and the status of reserve, special, or other funds;

(4) A schedule of the outstanding notes and bonds and a statement of the amounts redeemed and incurred during the previous fiscal year.

Source: SL 1978, ch 9, § 36; SL 2009, ch 1, § 15.
S.D. Codified Laws § 1-33-21 — SD Code / Title 1 / Chapter 33 / Section 1-33-21
Community development block grant program transferred to Governor's Office of Economic Development
Status: in_force

The community development block grant program, which has been administered through the Department of Water and Natural Resources is hereby transferred to the Governor's Office of Economic Development.

Source: SL 1987, ch 390 (Ex. Ord. 87-1), § 35.
S.D. Codified Laws § 1-55-11 — SD Code / Title 1 / Chapter 55 / Section 1-55-11
Licenses, registrations, and permits withheld from person owing debt referred to center
Status: in_force

No person that owes a debt that is referred to the center may renew, obtain, or maintain:

(1) Any registration for any motor vehicle, motorcycle, or boat, in which the person's name appears on the title of the motor vehicle, motorcycle, or boat;

(2) Any driver license as defined by subdivision 32-12-1 (1); or

(3) Any hunting license, fishing license, state park permit, or camping permit;

unless the debt and cost recovery fee is either paid in full or the debtor has entered into a payment plan with the center and payment pursuant to the plan is current.

The Department of Revenue shall notify a person who is a co-owner of a motor vehicle, motorcycle, or boat described in subdivision (1), that the person's registration has been affected by the debt referred to the center. The notification shall be by United States mail.

Source: SL 2015, ch 14, § 11; SL 2021, ch 14, § 3.
S.D. Codified Laws § 1-41-25.4 — SD Code / Title 1 / Chapter 41 / Section 1-41-25.4
Removal of regulated entity from environmental audit provisions
Status: in_force

If abuses of §§ 1-41-25 to 1-41-25.4 , inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4 , inclusive, upon entering a finding that the regulated entity has:

(1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4 , inclusive, or the nature or extent of any damage to human health or the environment;

(2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or

(3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.

Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26 . The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26 .

Source: SL 1996, ch 18, § 5A; SDCL § 1-40-37; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-15-1.14 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.14
Review of criminal justice issues--Annual report
Status: in_force

The Corrections Commission established in § 1-15-1.13 shall undertake a continuing study of criminal justice issues in South Dakota. The study may include a review of current felonies, felony sentences, sentencing options, practices, programs, trends, and initiatives. The commission shall annually report on its activities to the Legislature, Governor, and Chief Justice of the Supreme Court.

Source: SL 1994, ch 7; SL 2008, ch 7, § 1.
S.D. Codified Laws § 1-26-30.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-30.1
Right of appeal when agency fails to act in contested case
Status: in_force

The failure of any agency to make and file a decision within a period of thirty days after any matter has been finally submitted to it, entitles a person authorized to appeal from the record then existing as if the decision had been made adversely to him in whole or in part, unless within such time the agency shall make and serve upon all the parties to the record, an order extending such time for an additional period of not to exceed sixty days, which order shall state the grounds or reasons why such extension is necessary. At the expiration of the thirty days or the time to which extended by such order, such person may present to the agency a proposed decision, and if the same is not adopted within five days after presentation for filing, such person may appeal the same as if such proposed decision had been denied. This section does not apply to contested cases determined by the Public Utilities Commission.

Source: SDC 1939 & Supp 1960, § 33.4202; SDCL, § 21-33-2; SL 1972, ch 8, § 27; SL 1975, ch 17, § 2; SL 1986, ch 27, § 3.
S.D. Codified Laws § 1-21-1 — SD Code / Title 1 / Chapter 21 / Section 1-21-1
State Fair Commission created--Appointment and terms
Status: in_force

There is created a State Fair Commission within the Department of Agriculture and Natural Resources. The commission shall act in an advisory capacity to the secretary of agriculture and natural resources. The commission may consist of up to thirteen members appointed by and serving at the pleasure of the Governor. Seven of the members may be appointed at large; an additional six members may be appointed from each of the following: 4-H Clubs of South Dakota, a resident of the city of Huron, a resident of Beadle County, a vendor, an exhibitor, and an employee of the South Dakota State University. Not all of the members may be of the same political party. The commission shall meet periodically at the call of the secretary and shall assist the Department of Agriculture and Natural Resources in planning, promoting, and presenting the state fair and such other duties as assigned by the secretary.

Source: SDC 1939 § 55.4601; SL 1939, ch 225, § 1; SL 1949, ch 226, § 1; SL 1953, ch 298; SL 1974, ch 12, §§ 1, 2; SL 1980, ch 368, §§ 17, 18, 20; SL 2003, ch 16, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-26-1.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-1.1
Interim Rules Review Committee--Creation--Composition--Appointments--Terms of office--Vacancies
Status: in_force

There is created a legislative committee of six members, no more than four of whom may be of the same political party, designated as the Interim Rules Review Committee. The committee is composed of three members of the Senate, to be appointed by the president pro tempore of the Senate, and three members of the House of Representatives, to be appointed by the speaker of the House of Representatives. No more than two senators and two representatives may be of the same political party. Members must be appointed prior to the adjournment of each regular session in odd-numbered years and shall serve for two-year terms ending at noon on the second Tuesday in January in each odd-numbered year; otherwise, a member shall serve until the member's successor is appointed or until the member ceases to be a member of the Legislature. Vacancies on the committee must be filled by the original appointing authority for the remainder of the term.

Source: SL 1972, ch 8, § 1; SL 1975, ch 16, § 9; SL 1983, ch 13, § 1; SL 2005, ch 17, § 1; SL 2025, ch 9, § 2.
S.D. Codified Laws § 1-19A-18.1 — SD Code / Title 1 / Chapter 19A / Section 1-19A-18.1
State Review Board abolished
Status: in_force

The State Review Board established pursuant to chapter 1-19A , is hereby abolished.

Source: SL 1985, ch 400 (Ex. Ord. 85-2), § 21.
S.D. Codified Laws § 1-54-9 — SD Code / Title 1 / Chapter 54 / Section 1-54-9
Performance measures report
Status: in_force

The Department of Corrections shall report performance measures for the tribal pilot programs semiannually to the oversight council.

Source: SL 2013, ch 101, § 13.
S.D. Codified Laws § 1-1-12 — SD Code / Title 1 / Chapter 1 / Section 1-1-12
Indian country--Assumption of jurisdiction
Status: in_force

In accordance with the provisions of 67 Statutes at Large, page 589, Public Law 280, and as Indian country is defined by 18 U.S.C., § 1151, the provisions of chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any law to the contrary, notwithstanding, the State of South Dakota assumes and accepts jurisdiction of all criminal and civil causes of action arising in Indian country under the provisions of §§ 1-1-12 to 1-1-16 , inclusive, as hereinafter set forth.

Source: SL 1957, ch 319, § 1; SDC Supp 1960, § 65.0805.
S.D. Codified Laws § 1-33B-3.1 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.1
Guaranteed cost savings defined
Status: in_force

For the purposes of this chapter, the term, guaranteed cost savings, means a guaranteed annual measurable monetary reduction in utility, operating, and maintenance costs for each year of a guarantee period as a result of cost-saving measures. Guaranteed cost savings for utility savings shall be calculated using the mutually agreed upon baseline utility rates in use at the time of an investment-grade energy audit. Guaranteed cost savings for operation and maintenance cost savings shall be calculated using mutually agreed upon baseline operation and maintenance costs at the time of an investment-grade energy audit.

Source: SL 2016, ch 14, § 2.
S.D. Codified Laws § 1-56-7 — SD Code / Title 1 / Chapter 56 / Section 1-56-7
Annual work plan and report
Status: in_force

The board shall create an annual work plan and report which shall be presented to the Governor and the Government Operations and Audit Committee.

Source: SL 2016, ch 16, § 7, eff. Mar. 16, 2016.
S.D. Codified Laws § 1-2-1 — SD Code / Title 1 / Chapter 2 / Section 1-2-1
Commissioners to negotiate boundaries authorized--Compacts dependent on ratification
Status: in_force

The Governor of South Dakota may appoint commissioners to represent the State of South Dakota on joint commissions composed of commissioners representing boundary states, to be constituted by the states for the purpose of negotiating and entering into agreements or compacts between the states to establish the boundaries between the states. Any compact made on behalf of the states is not binding or obligatory upon either state, unless it has been ratified by the Legislatures of the compacting states and approved by the Congress of the United States.

Source: SL 1957, ch 316, § 1; SDC Supp 1960, § 55.5601; SL 1988, ch 2, § 1.
S.D. Codified Laws § 1-26-19.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-19.3
Service of subpoena--Notice required prior--Procedure to modify, quash, or require costs advanced
Status: in_force

Before a subpoena commanding the production of documentary evidence pursuant to § 1-26-19.1 is served on the person to whom it is directed, a notice and copy of the subpoena must be served on each party to the matter pending. The hearing examiner or administrative law judge, upon motion made promptly and at or before the time specified in the subpoena for compliance with the subpoena, may:

(1) Quash or modify the subpoena if it is unreasonable and oppressive; or

(2) Condition denial of the motion upon the advancement, by the person on whose behalf the subpoena is issued, of the reasonable cost of producing the records, books, papers, or documents.

Source: SL 2026, ch 11, § 3.
S.D. Codified Laws § 1-33B-27 — SD Code / Title 1 / Chapter 33B / Section 1-33B-27
School district authorized to deposit proceeds related to energy savings contract into certain funds--Repayment from certain funds
Status: in_force

If a school district enters into an energy savings contract pursuant to chapter 1-33B , the school district may deposit the proceeds from any loan related to the energy savings contract into its general fund or its capital outlay fund. The school district may deposit money resulting from energy savings pursuant to an energy savings contract into its general fund or its capital outlay fund. The school district may repay the loan pursuant to an energy savings contract out of money in its general fund or its capital outlay fund.

Source: SL 2001, ch 13, § 1.
S.D. Codified Laws § 1-36A-15 — SD Code / Title 1 / Chapter 36A / Section 1-36A-15
Fees for provisional certification and registration
Status: in_force

The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish the following nonrefundable fees for provisional certification and registration:

(1) For provisional certification, not more than three hundred twenty-five dollars;

(2) For initial registration, not more than fifty dollars;

(3) For annual renewal of registration, not more than thirty-five dollars;

(4) For effecting a name change upon the records of a registrant, not more than ten dollars;

(5) For issuing a duplicate registration, not more than ten dollars; and

(6) For initial registration and annual renewal of persons certified pursuant to subdivision 1-36A-10.5 (4), not more than seventy-five dollars.

Source: SL 1993, ch 21, § 6; SL 1997, ch 14, § 6; SL 2001, ch 16, § 1; SL 2006, ch 6, § 11.
S.D. Codified Laws § 1-16H-35 — SD Code / Title 1 / Chapter 16H / Section 1-16H-35
Transfer or exchange of property with other state agencies
Status: in_force

Any department, board, commission, agency, or officer of this state or the Board of Regents of the State of South Dakota, may transfer jurisdiction of or title to any property to, or may exchange property under its control with, the authority if the transfer or exchange is approved in writing by the Governor as being advantageous to the state.

Source: SL 2004, ch 15, § 35.
S.D. Codified Laws § 1-11-10 — SD Code / Title 1 / Chapter 11 / Section 1-11-10
Powers of attorney general in investigations
Status: in_force

Under such resolution or order of the Governor, or the attorney general's own relation with consent of the Governor, the attorney general and his assistants, agents, and employees shall have access to any and all books, blanks, reports, correspondence, records, property, office documents, and materials and equipment of the office, department, bureau, board, commission, or any other component part of the state government or any branch, arm, or agency of the government, or any transaction, being investigated. When acting under any such resolution, or his own relation with the consent of the Governor, or order of the Governor, the attorney general or his assistants shall have the power to administer oaths, examine witnesses under oath and make a record of the testimony. He shall have authority to issue subpoenas for witnesses and for books, blanks, reports, correspondence, records, documents, and exhibits and such witnesses may be subpoenaed from any part of the state to Pierre, South Dakota, or to any other point in the state from distances not exceeding one hundred miles. Such witnesses shall be allowed the same per diem and mileage, as witnesses in the circuit court. Any witness refusing to obey such subpoena, or to testify when subpoenaed, or to bring evidence required to be brought by said subpoena, may be certified to the nearest circuit court to the point where the subpoena requires appearance, and the said circuit court may then enforce obedience to said subpoena by order, the disobedience of which shall be treated the same as a contempt of said court.

Source: SDC 1939, § 55.1508; SL 1964, ch 153.
S.D. Codified Laws § 1-36A-4 — SD Code / Title 1 / Chapter 36A / Section 1-36A-4
Appointment of division directors
Status: in_force

The head of the Division of Rehabilitation Services and the head of the Division of Service to the Blind and Visually Impaired are the directors of each and shall be appointed by the secretary of human services in accordance with § 1-32-6 .

Source: SL 1977, ch 226, § 4; SL 1989, ch 21, § 32.
S.D. Codified Laws § 1-1-10 — SD Code / Title 1 / Chapter 1 / Section 1-1-10
Land entry authorized to survey boundaries--Consent required to enter mine--Damage to property
Status: in_force

For the purpose of making surveys required by or essential to the effect of any acts of the United States Congress or of the Legislature of this state or for the determination of boundaries of real estate, any of the duly authorized officers or agents of the United States or of this state, or any engineer or land surveyor duly qualified or registered under the laws of this state, and the persons necessarily and lawfully employed in making any such survey may enter upon lands within the boundaries of this state for such purposes, but this section shall not be construed as authorizing any unnecessary interference with private rights. Nothing in this section shall be construed to permit any person to enter any shaft, tunnel, stope, or underground workings of any individual person engaged in mining for precious metals without consent of the owner or person in possession of such shaft, tunnel, stope, or underground working.

Nothing herein contained shall exempt any person from payment of actual damages done by him while upon such land.

Source: SDC 1939, § 55.0105.
S.D. Codified Laws § 1-19A-21 — SD Code / Title 1 / Chapter 19A / Section 1-19A-21
Covenant to maintain property required to benefit from chapter
Status: in_force

No property so restored or rehabilitated may benefit from the provisions of this chapter unless the owner of such property attaches a restrictive covenant running with the land which states that the property shall be maintained in a manner which preserves the property's restored portions.

Source: SL 1978, ch 11, § 3.
S.D. Codified Laws § 1-26D-6 — SD Code / Title 1 / Chapter 26D / Section 1-26D-6
Proposed findings, conclusions, and decision--Agency action--Appeal
Status: in_force

The hearing examiner, after hearing the evidence in the matter, shall make proposed findings of fact and conclusions of law, and a proposed decision. The agency may accept, reject, or modify those findings, conclusions, and decisions, and an appeal may be taken therefrom pursuant to chapter 1-26 .

Source: SL 1995, ch 8, § 7
S.D. Codified Laws § 1-12-1 — SD Code / Title 1 / Chapter 12 / Section 1-12-1
Constabulary created--Composition--Powers and duties
Status: in_force

There is hereby created a State Constabulary which shall consist of the agents of the Division of Criminal Investigation of the attorney general's office, the agents of the Division of the Highway Patrol, the state conservation officers, the sheriffs, deputy sheriffs, and constables of the several counties of this state, and the police officers, constables, and marshals of the several municipalities within the state. Such State Constabulary, and its personnel, when convoked as hereinafter provided, shall, and is hereby empowered, to perform all of the duties and they shall have the same powers, now devolving upon the agents of the Division of Criminal Investigation of the attorney general's office, and in addition thereto shall have such powers and perform such duties, as may be necessary to preserve and protect the peace, security, safety, and welfare of the state and the people thereof.

Source: SL 1943, ch 273, § 1; SDC Supp 1960, § 55.16A01; SL 1992, ch 60, § 2.
S.D. Codified Laws § 1-26-31.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-31.1
Venue of appeal--Appeals from single action
Status: in_force

The venue of the appeal is as follows:

(1) If the appellant is a resident of this state, to the circuit court for the county of the appellant's residence or to the circuit court for Hughes County, as the appellant may elect;

(2) If the appellant is a nonresident or a foreign corporation, to the circuit court for the county of appellant's principal place of business in South Dakota or to the circuit court for Hughes County, as the appellant may elect;

(3) If the appellant is committed to a mental health facility, to the circuit court for the county in which the mental health facility is located;

(4) The parties may stipulate for venue in any county in the state, and the circuit court for that county shall hear the appeal; and

(5) For an appeal from a final decision, ruling, or action rendered by an administrative appeals process adopted by a home-rule municipality, the appellant must appeal to the circuit court in which the home-rule municipality is located.

Appeals from a single administrative action may not proceed in more than one county. If multiple appeals of a single action are filed in more than one county, the appeals must be consolidated and heard in the county in which the appeal is first filed. If more than one appeal is first filed on the same date and a stipulation among the parties as to venue cannot be reached, the venue of the appeal is in the circuit court for Hughes County.

Source: SDC 1939 & Supp 1960, § 33.4207; SDCL § 21-33-7; SL 1975, ch 17, § 5; SL 1983, ch 8, § 1; SL 2004, ch 24, § 1; SL 2012, ch 7, § 2; SL 2024, ch 9, § 1.
S.D. Codified Laws § 1-41-17 — SD Code / Title 1 / Chapter 41 / Section 1-41-17
Water quality and hygiene functions
Status: in_force

The secretary of the Department of Agriculture and Natural Resources shall perform the functions of the former secretary of the Department of Environmental Protection, relating to the divisions of water quality and water hygiene, pursuant to chapters 34A-2 , 34A-3 , and 34A-9 .

Source: SL 1979, ch 354, § 21; SL 1991, ch 17 (Ex. Ord. 91-4), § 19; SDCL § 1-41-17; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-19A-6 — SD Code / Title 1 / Chapter 19A / Section 1-19A-6
Participation in conferences and programs
Status: in_force

The South Dakota State Historical Society shall participate in international conferences and programs concerning historic preservation and cooperate with federal officials and agencies in the conduct of such activities.

Source: SL 1973, ch 14, § 5 (8); SL 2009, ch 1, § 56; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-43-24 — SD Code / Title 1 / Chapter 43 / Section 1-43-24
Annual health data system report available to public
Status: in_force

Annual reports of data collected pursuant to §§ 1-43-19 to 1-43-21 , inclusive, shall be available to the public. Any data released shall be presented in a manner such that no person may be identified.

Source: SL 1993, ch 23, § 6; SL 2013, ch 154, § 3.
S.D. Codified Laws § 1-16G-54 — SD Code / Title 1 / Chapter 16G / Section 1-16G-54
Promulgation of rules regarding local infrastructure improvement grant fund
Status: in_force

The Board of Economic Development shall promulgate rules pursuant to chapter 1-26 regarding the application process and timelines, the guidelines and criteria for approval of applications, and the distribution of funds from the local infrastructure improvement grant fund.

Source: SL 2013, ch 7, § 8, eff. Mar. 20, 2013.
S.D. Codified Laws § 1-16A-52.5 — SD Code / Title 1 / Chapter 16A / Section 1-16A-52.5
Return of securities to issuer when provision made for payment
Status: in_force

The provisions of § 1-16A-56 shall not apply to any educational or health facility financed pursuant to §§ 1-16A-52.1 to 1-16A-52.5 , inclusive, but the authority shall return the securities purchased through the issuance of bonds thereunder to the issuer of such securities when such securities have been fully paid or when such bonds have been fully paid and retired or when adequate provision, not involving the application of such securities, has been made to pay and retire the same fully, 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 1979, ch 7, § 6.
S.D. Codified Laws § 1-33-10.1 — SD Code / Title 1 / Chapter 33 / Section 1-33-10.1
Bureau of Human Resources and Administration student internships
Status: in_force

There is hereby created a student intern program within the Bureau of Human Resources and Administration to provide administrative internships for students to foster knowledge and understanding of the governmental process and to provide assistance to the executive branch of state government.

Source: SL 2014, ch 10, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-1-14 — SD Code / Title 1 / Chapter 1 / Section 1-1-14
Resolution of county commissioners assuming jurisdiction--Contract for federal reimbursement of costs
Status: in_force

Jurisdiction shall not be deemed assumed or accepted by this state in any county of South Dakota unless and until a resolution assuming and accepting the same is adopted by the board of county commissioners of any county containing Indian country. Prior to the adoption of such a resolution, the county commissioners shall 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 any county in connection with the assumption of said jurisdiction. The rates or terms of any such contract shall so far as possible be on the basis of and take into consideration the untaxed Indian lands and the proportion such land bears to the total land area of said respective counties and the proportion the law enforcement costs bear to the total government costs of said respective counties.

Source: SL 1957, ch 319, § 4; SDC Supp 1960, § 65.0808.
S.D. Codified Laws § 1-15-10.4 — SD Code / Title 1 / Chapter 15 / Section 1-15-10.4
Agreements for state care of federal wards
Status: in_force

The Department of Corrections may contract with the federal government, through any of its authorized departments, boards, commissions, or agencies for the admission, treatment, care, custody, or attendance of those persons who are the responsibility of the federal government or residents of South Dakota, or committed from South Dakota. The contracts shall specify that the federal government shall compensate the State of South Dakota for the total cost to the state for the treatment, care, custody, or attendance of the persons.

Source: SL 1955, ch 267; SDC Supp 1960, § 55.5501; SDCL, § 1-23-11; SL 1982, ch 9, § 7; SL 1983, ch 199, § 10; SL 1989, ch 20, § 22.
S.D. Codified Laws § 1-16G-49 — SD Code / Title 1 / Chapter 16G / Section 1-16G-49
Annual report to Government Operations and Audit Committee
Status: in_force

Each department administering the funds created by §§ 1-16G-50 , 1-16G-51 , 11-13-2 , and 13-13-88 shall report annually to the Government Operations and Audit Committee about the operations and results of the building South Dakota programs. The Governor's Office of Economic Development shall report annually to the Government Operations and Audit Committee about the operations and results of the South Dakota Jobs grant program.

Source: SL 2013, ch 7, § 3, eff. Mar. 20, 2013; SL 2018, ch 10, § 3; SL 2021, ch 6, § 1.
S.D. Codified Laws § 1-46-5 — SD Code / Title 1 / Chapter 46 / Section 1-46-5
Performance of functions of former Department of Military and Veterans Affairs
Status: in_force

The Department of the Military shall, under the direction and control of the adjutant general, perform all the functions of the former Department of Military and Veterans Affairs under chapter 33-1 .

Source: SL 1973, ch 2, § 276; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 18, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16G-50 — SD Code / Title 1 / Chapter 16G / Section 1-16G-50
Local infrastructure improvement grant fund
Status: in_force

There is hereby created in the state treasury the local infrastructure improvement grant fund. The Board of Economic Development may award grants to any political subdivision of this state, tribal government, or local development corporation from the fund to construct or reconstruct infrastructure for the purpose of serving an economic development project. The board shall consult state agencies to evaluate the feasibility and merits of the proposed infrastructure improvements. The board shall consider the funding mechanisms available to and utilized by the applicant when making a decision to award a grant. Any general funds appropriated to the local infrastructure improvement program shall be transferred into the local infrastructure improvement grant fund. Interest earned on money in the fund shall be deposited into the fund.

Source: SL 2013, ch 7, § 4, eff. Mar. 20, 2013; SL 2014, ch 7, § 1; SL 2018, ch 10, § 10.
S.D. Codified Laws § 1-16H-33 — SD Code / Title 1 / Chapter 16H / Section 1-16H-33
Sharing of agency employees
Status: in_force

The authority may share employees with governmental agencies.

Source: SL 2004, ch 15, § 33.
S.D. Codified Laws § 1-16B-10 — SD Code / Title 1 / Chapter 16B / Section 1-16B-10
Commissioner as chief administrative officer
Status: in_force

The commissioner of the Governor's Office of Economic Development shall serve as the chief administrative officer and direct and supervise the administration and technical affairs of the authority.

Source: SL 1978, ch 9, § 4; SL 1982, ch 17, § 33; SL 1987, ch 16, § 3; SL 2005, ch 10, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 84, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-43-16 — SD Code / Title 1 / Chapter 43 / Section 1-43-16
Data collection--Availability to public
Status: in_force

Any statistical summary of data collected under the provisions of §§ 1-43-11 to 1-43-17 , inclusive, shall be available to the public, but may not be sold by the Department of Health or any agent under contract or agreement with the department pursuant to § 1-43-12 . Any data released shall be presented in such a statistical manner that no person, who represents a case contained in the cancer data collection system, may be identified.

Source: SL 1991, ch 18, § 6; SL 1992, ch 20, § 1.
S.D. Codified Laws § 1-41-16 — SD Code / Title 1 / Chapter 41 / Section 1-41-16
Environmental protection functions of department and secretary
Status: in_force

The Department of Agriculture and Natural Resources and the secretary of agriculture and natural resources shall perform the functions of the former Department of Environmental Protection and the former secretary of environmental protection pursuant to chapters 34A-2 , 34A-3 , and 34A-9 .

Source: SL 1979, ch 354, § 20; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SDCL § 1-40-22; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-33-55 — SD Code / Title 1 / Chapter 33 / Section 1-33-55
Charges for early termination of data processing equipment contracts--Maximum payable without legislative appropriation
Status: in_force

Termination charges or fees for early termination of a state contract for automatic data processing equipment, not to exceed five thousand dollars, may be authorized by the commissioner of the Bureau of Information and Technology if the requesting agency can pay the charges from its operating budget. If the charges or fees needed exceed five thousand dollars, they shall be paid from a special legislative appropriation for the purpose of paying the termination charges or fees for a particular contract.

Source: SL 1978, ch 7, § 2; SDCL, § 1-14-12.7; 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 § 1-16H-18.1 — SD Code / Title 1 / Chapter 16H / Section 1-16H-18.1
Investment of funds with State Investment Council
Status: in_force

In addition to the investments authorized by § 1-16H-18 , the authority may invest any funds of the authority in an account with the State Investment Council pursuant to chapter 4-5 .

Source: SL 2005, ch 11, § 1.
S.D. Codified Laws § 1-19B-22 — SD Code / Title 1 / Chapter 19B / Section 1-19B-22
Hearing on designation of historic property--Notice
Status: in_force

Before an ordinance designating an historic property is adopted pursuant to § 1-19B-20 , the local governing body shall hold a public hearing on the proposed ordinance, after giving sufficient written notice to the owners and occupants of the property and posting public notice in its normal manner.

Source: SL 1974, ch 21, § 16 (2).
S.D. Codified Laws § 1-27-12 — SD Code / Title 1 / Chapter 27 / Section 1-27-12
State records management program to be established
Status: in_force

The commissioner of human resources and administration shall establish within the organizational structure of the Bureau of Human Resources and Administration a records management program, which will apply efficient and economical management methods to the creation, utilization, maintenance, retention, preservation, and disposal of state records.

Source: SL 1967, ch 253, § 2; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-30-2 — SD Code / Title 1 / Chapter 30 / Section 1-30-2
Definition of terms
Status: in_force

Unless otherwise clearly required by the context, as used in this chapter:

(1) "Attack" means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes;

(2) "Emergency interim successor" means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters, and ordinances or until the lawful incumbent is able to resume the exercises of the powers and discharge the duties of the office;

(3) "Office" includes all state and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the Office of Governor, and except those in the Legislature and the judiciary;

(4) "Political subdivision" includes counties, municipalities, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law;

(5) "Unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.

Source: SL 1961, ch 285, § 3; SL 1992, ch 60, § 2.
S.D. Codified Laws § 1-11-31.1 — SD Code / Title 1 / Chapter 11 / Section 1-11-31.1
Sanctions for failure to pay fees for electronic alcohol monitoring device, ignition interlock device, or mobile breath alcohol testing
Status: in_force

A sheriff, an entity designated by a sheriff, or a directing entity may, in addition to any other authorized sanction, remove a participant from electronic alcohol monitoring device testing, ignition interlock device testing, or mobile breath alcohol testing and place the participant on twice-a-day testing if the participant fails to pay the required fees and costs for testing.

Source: SL 2014, ch 6, § 12; SL 2017, ch 3, § 6.
S.D. Codified Laws § 1-5-1.1 — SD Code / Title 1 / Chapter 5 / Section 1-5-1.1
Martin Luther King, Jr. Day established
Status: in_force

The third Monday in January, to be known as Martin Luther King, Jr. Day shall be observed in this state as a legal holiday. Martin Luther King, Jr. Day is dedicated to the remembrance of Dr. Martin Luther King, Jr. and to the observance and appreciation of the various ethnic minorities who have contributed so much to the state and nation.

Source: SL 1986, ch 5; SL 1989, ch 5; SL 1990, ch 7, § 3.
S.D. Codified Laws § 1-16G-1.1 — SD Code / Title 1 / Chapter 16G / Section 1-16G-1.1
Authority of Board of Economic Development
Status: in_force

The Board of Economic Development, in order to implement this chapter, may:

(1) Make contracts and execute all instruments;

(2) Establish interest rates within the bounds as otherwise statutorily provided;

(3) Collect fees and charges, as are determined to be necessary, reasonable, and proper in connection with its loans, advances, leases, grants, servicing, and other activities;

(4) Provide for the repayment and redeposit of loan and lease payments;

(5) Sue and be sued;

(6) Foreclose any mortgages, deed of trust, notes, debentures, bonds, and other security interest held by it, either by action or by exercise of a power of sale, and sell the equity redemption in the security interests in accordance with the terms of instruments and applicable state law, and take any other actions necessary to enforce any obligations held by it;

(7) Perform any act and execute any instrument which is necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it;

(8) Enter into agreement with any agency of the United States government to make and service loans and loan guarantees; and

(9) Sell loans or loan guarantees at public or private sale.

Source: SL 1997, ch 7, § 1; SL 1999, ch 4, § 1.
S.D. Codified Laws § 1-26-4.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.3
Rule review by Interim Rules Review Committee before filing--Time limits
Status: in_force

No permanent rule may be filed with the secretary of state without the review of the rule by the Interim Rules Review Committee. No permanent rule may be filed with the secretary of state if more than sixty days have passed from the date the Interim Rules Review Committee adopts a motion that the rule-making process is complete. No emergency rule may be adopted if more than thirty days have passed from the date the notice of intent to adopt an emergency rule was published in the manner prescribed in § 1-26-4.1 .

Source: SL 1975, ch 16, § 14; SL 1987, ch 23; SL 1989, ch 16, § 5; SL 1991, ch 12; SL 1996, ch 11, § 2; SL 2000, ch 4, § 1; SL 2016, ch 12, § 1.
S.D. Codified Laws § 1-26D-9 — SD Code / Title 1 / Chapter 26D / Section 1-26D-9
Final decision--Remand
Status: in_force

The reviewing agency shall enter a final decision disposing of the proceeding or shall remand the matter for further proceedings with instructions to the hearing examiner who entered the initial decision. Upon remanding a matter, the reviewing agency may order such temporary relief as is authorized and appropriate. A final decision shall include, or incorporate by reference to the initial decision, all matters required by § 1-26-25 .

Source: SL 1995, ch 8, § 10
S.D. Codified Laws § 1-26-6.5 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.5
Review by code counsel--Notice to agency of need for change
Status: in_force

Code counsel shall review each rule for compliance with the requirements for form, style, and clarity.

Code counsel shall review each rule for legality. The review for legality is a determination that the rule is authorized by the standards provided in the statutes cited by the agency to promulgate the rule.

Code counsel shall review the statement of reasons that the emergency procedure is necessary. If code counsel finds need for change, code counsel shall make the requirements known in writing to the agency prior to the hearing, or within three days of when the requirements of § 1-26-5 have been met in the case of emergency rules.

Source: SL 1972, ch 8, § 11; SL 1973, ch 9, § 2; SL 1974, ch 16, § 6; SL 1975, ch 16, § 18; SL 1986, ch 20, § 7; SL 1989, ch 16, § 10; SL 1990, ch 20, § 2; SL 2009, ch 9, § 6; SL 2025, ch 9, § 14.
S.D. Codified Laws § 1-16J-6 — SD Code / Title 1 / Chapter 16J / Section 1-16J-6
Employment of personnel
Status: in_force

The authority may employ agents and employees necessary to carry out the duties and purposes of the authority.

Source: SL 2009, ch 8, § 6.
S.D. Codified Laws § 1-27-15 — SD Code / Title 1 / Chapter 27 / Section 1-27-15
Destruction of nonrecord materials
Status: in_force

Any nonrecord material not included within the definition of records as contained in § 1-27-9 may be destroyed at any time by the agency in possession of such materials without the prior approval of the commissioner of human resources and administration.

Source: SL 1967, ch 253, § 8; SL 2011, ch 2, § 28; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-43-2 — SD Code / Title 1 / Chapter 43 / Section 1-43-2
Secretary as head of department--Functions
Status: in_force

The head of the Department of Health is the secretary of health. He shall administer all the functions of the former position of state health officer, created by chapter 34-1 .

Source: SL 1973, ch 2, § 211; SL 1974, ch 3, § 27.
S.D. Codified Laws § 1-19A-24 — SD Code / Title 1 / Chapter 19A / Section 1-19A-24
Moratoriums for certain property prohibited
Status: in_force

The State Historical Society Board of Trustees may not grant a tax moratorium to any real estate which is not on the state or national register and which is moved from the location where such real estate was located when originally constructed.

Source: SL 1992, ch 6, § 6.
S.D. Codified Laws § 1-56-6 — SD Code / Title 1 / Chapter 56 / Section 1-56-6
Duties of board
Status: in_force

The board shall:

(1) Establish and maintain guidelines for an effective system of internal control to be implemented by state agencies that is in accordance with internal control standards;

(2) Establish and maintain a code of conduct for use by state agencies;

(3) Establish and maintain a conflict-of-interest policy for use by state agencies;

(4) Evaluate and test the effectiveness of internal controls in state agencies;

(5) Access all relevant records, data, and documents from state agencies to carry out the board's responsibilities; and

(6) Review and assess whether internal controls are working as intended and make recommendations for improvements.

Source: SL 2016, ch 16, § 6, eff. Mar. 16, 2016; SL 2025, ch 12, § 4.
S.D. Codified Laws § 1-44-7 — SD Code / Title 1 / Chapter 44 / Section 1-44-7
Officers of Transportation Commission--Functions--Meetings
Status: in_force

The Transportation Commission shall annually elect from its members such officers as it deems advisable. A majority of the commission members constitute a quorum. The commission shall exercise such functions as are provided by this chapter and such other functions as may be assigned to it by law. The commission shall hold meetings at the call of the chair or a majority of the members.

Source: SL 1973, ch 2, § 233; SL 2010, ch 145, § 3.
S.D. Codified Laws § 1-33-33 — SD Code / Title 1 / Chapter 33 / Section 1-33-33
Acceptance and expenditure of funds
Status: in_force

The bureau may accept and expend 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 . The Bureau of Information and Technology shall continue to be responsible for the expenditure of funds authorized for building, expanding, maintaining, and operating the network.

Source: SL 1992, ch 373 (Ex. Ord. 92-3), § 24; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-27-14.1 — SD Code / Title 1 / Chapter 27 / Section 1-27-14.1
Transfer of records by outgoing agency heads--Terminated agency records
Status: in_force

Upon termination of employment with the state, each agency head shall transfer his or her records to a successor or to the state archives for appraisal and permanent retention. The records of any state agency shall, upon termination of its existence or functions, be transferred to the custody of the archivist.

Source: SL 1975, ch 24, § 7; SL 1987, ch 393 (Ex. Ord. 87-4), § 17; SL 2011, ch 2, § 25.
S.D. Codified Laws § 1-16B-27 — SD Code / Title 1 / Chapter 16B / Section 1-16B-27
Notice required of trustee before declaring principal due
Status: in_force

Before declaring the principal of bonds or notes due and payable, the trustee shall give thirty days' notice in writing to the Governor, the authority, and the attorney general.

Source: SL 1978, ch 9, § 23.
S.D. Codified Laws § 1-26B-10 — SD Code / Title 1 / Chapter 26B / Section 1-26B-10
Bills containing committee recommendations as to rules changes--Bills defining authority
Status: in_force

The committee shall submit its recommendations concerning those that it believes should be continued to the Legislature in one or more bills so that the Legislature may vote to either reestablish, amend or terminate the rules of the agency under review and evaluation. If it is determined that the rule - making authority of the agency should be reestablished, the committee shall submit one or more bills defining the rule - making authority of the agency under review and evaluation.

Source: SL 1978, ch 18, § 10; SL 1979, ch 9, § 2; SL 1989, ch 18, § 10.
S.D. Codified Laws § 1-26-6.6 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.6
Incorporation by reference to generally available materials--Description--Reference note--Statement
Status: in_force

An agency may adopt other comprehensive regulations as its own by making reference to them in a rule, but only when the comprehensive regulations are published by an organization that is not part of the state government and only when the publication is generally available to the public at a reasonable cost. A rule that incorporates material by reference must describe the exact section or portion of the publication being incorporated. Immediately following a rule that incorporates published material by reference, other than material contained in the Code of Federal Regulations, the Federal Register, the United States Code, or the United States Statutes at Large, the agency shall place a reference note that identifies the publication by title, date of publication, or enactment and author, and that states where the publication may be obtained and its cost, if any.

A statement must be attached to the face of any physical publication submitted to code counsel stating the agency's name, the section number of the rule that incorporates the material within, and the date the rule was served pursuant to § 1-26-4 or 1-26-5 and filed pursuant to § 1-26-6 .

A publication that is available only as an electronic document must contain, on the first page, a legible, distinguishable statement that sets forth the agency's name, the section number of the rule that incorporates the material within, and the dates the rule was served pursuant to § 1-26-4 or 1-26-5 and filed pursuant to § 1-26-6 .

Source: SL 1974, ch 16, § 11; SL 1975, ch 16, § 19; SL 2025, ch 9, § 15.
S.D. Codified Laws § 1-26-21 — SD Code / Title 1 / Chapter 26 / Section 1-26-21
Contents of record in contested cases
Status: in_force

The record in a contested case shall include:

(1) All pleadings, motions, intermediate rulings;

(2) Evidence received and considered;

(3) A statement of matters officially noticed which have been refuted;

(4) Questions and offers of proof, objections, and rulings thereon;

(5) Proposed findings and exceptions;

(6) Any decision, opinion, or report by the officer presiding at the hearing;

(7) All staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.

Source: SL 1966, ch 159, § 9 (5); SL 1972, ch 8, § 23.
S.D. Codified Laws § 1-52-1 — SD Code / Title 1 / Chapter 52 / Section 1-52-1
Department of Tourism created--Secretary as head
Status: in_force

There is hereby created a Department of Tourism. The head of the Department of Tourism is the secretary of tourism who shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 58, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 54, 91, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-14 — SD Code / Title 1 / Chapter 26 / Section 1-26-14
Declaratory judgment on rules--Review of major rule
Status: in_force

The validity or applicability of a rule may be determined in an action for declaratory judgment in the circuit court for the county of the plaintiff's residence, if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency must be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

The court shall review de novo whether a rule is a major rule.

Source: SL 1966, ch 159, § 7; SL 2026, ch 7, § 8.
S.D. Codified Laws § 1-19A-3 — SD Code / Title 1 / Chapter 19A / Section 1-19A-3
Statewide survey of historic properties
Status: in_force

The South Dakota State Historical Society shall undertake a statewide survey to identify and document historic properties, including all those owned by the state, its instrumentalities, and its political subdivisions.

Source: SL 1973, ch 14, § 5 (1); SL 2009, ch 1, § 55; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-19A-15 — SD Code / Title 1 / Chapter 19A / Section 1-19A-15
Stimulation of public interest in historic preservation
Status: in_force

The South Dakota State Historical Society shall stimulate public interest in historic preservation including the development and implementation of interpretive programs for historic properties listed on the state register of historic places and through the management of the state's historical marker program.

Source: SL 1973, ch 14, § 5 (11); SL 2009, ch 1, § 66; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-16A-48 — SD Code / Title 1 / Chapter 16A / Section 1-16A-48
Additional bonds for facilities or HEAL loans--Protection of prior bondholders
Status: in_force

Issuance by the authority of one or more series of bonds for one or more purposes shall not preclude it from issuing other bonds in connection with the same facilities or HEAL loans or any other facilities or HEAL loans or any other purpose hereunder, but the resolutions or trust indenture whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge or mortgage made for any prior issue of bonds.

Source: SL 1972, ch 10, § 11; SL 1982, ch 10, § 10.
S.D. Codified Laws § 1-26-17.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-17.1
Intervention in contested case by person with pecuniary interests
Status: in_force

A person who is not an original party to a contested case and whose pecuniary interests would be directly and immediately affected by an agency's order made upon the hearing may become a party to the hearing by intervention, if timely application therefor is made.

Source: SL 1978, ch 13, § 5.
S.D. Codified Laws § 1-18-22 — SD Code / Title 1 / Chapter 18 / Section 1-18-22
Director--Duties
Status: in_force

The director of the South Dakota State Historical Society shall execute the powers and discharge the duties vested by law in the society; shall keep a record of the proceedings of the society and of the board of trustees; shall safely and systematically keep all papers, records, and documents belonging to the society or appertaining to the business thereof, except such as may be committed to the care of other officers; shall conduct the correspondence of the society; shall supervise the society's exhibitions and publications, and shall administer the several activities and offices of the society.

Source: SDC 1939, § 29.0121; SL 1939, ch 114; SL 1947, ch 135, § 1; SL 1951, ch 153; SL 1957, ch 144, § 2; SL 1974, ch 10, § 10; SL 2021, ch 7, § 18.
S.D. Codified Laws § 1-54-7 — SD Code / Title 1 / Chapter 54 / Section 1-54-7
Tribal identification cards--Exception
Status: in_force

A tribal identification card is a valid form of identification for all purposes relating to commerce, including for all purposes relating to banks or financial institutions for which a South Dakota nondriver identification card or a South Dakota driver license may be used. Furthermore, tribal identification cards shall be accepted as valid forms of identification for the purpose of cashing checks wherever checks may be cashed and for purposes where the age of the person needs to be verified. For purposes of this section and §§ 22-40-9 , 22-40-18 , and 34-46-1 , the term, tribal identification card, means an unexpired identification card issued by a South Dakota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and picture of the enrolled tribal member. Reasonable reliance upon a tribal identification card as proof of age of the purchaser or the recipient of an age-restricted product is a complete defense to any action brought against a person for the sale or distribution of a product that is subject to state or federal age-related purchase and possession restrictions. This section does not modify any provision of the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations concerning permissible forms of identification for use in the purchase of firearms.

Source: SL 2011, ch 13, § 1; SL 2020, ch 7, § 1.
S.D. Codified Laws § 1-33B-14 — SD Code / Title 1 / Chapter 33B / Section 1-33B-14
Functions of Governor's Office of Economic Development
Status: in_force

The Governor's Office of Economic Development may perform the following functions:

(1) Advise the Governor on policy matters related to production, allocation, planning, research, development and conservation of energy;

(2) Act as the representative for the State of South Dakota in coordination with federal agencies concerned with energy;

(3) Implement federal energy programs sponsored by the State of South Dakota;

(4) Formulate energy policies and programs to guide the management of energy resources and use within the State of South Dakota;

(5) Coordinate with other agencies and departments of state government concerned with the effects of energy policies and programs;

(6) Collect, analyze, and disseminate information on energy policies and programs;

(7) Promote, through the development and implementation of plans, the conservation of energy resources by all energy consumers, including state and local government;

(8) Evaluate and recommend public policies relative to energy development and distribution which have an impact on South Dakota;

(9) Represent the Governor and the State of South Dakota in regard to national, regional, and state organizations concerned with energy consumption, development, and distribution;

(10) Establish plans and programs, within the established federal guidelines, concerning the use and distribution of the petroleum violation escrow funds, federal funds, or other funds;

(11) Implement energy conservation loan, lease, and grant programs utilizing the petroleum violation escrow funds, federal funds, or other funds; and

(12) Perform such other duties as may be delegated by the Governor.

Source: SL 1991, ch 16, § 3; SL 1994, ch 410 (Ex. Ord. 93-9), § 17; SL 2009, ch 1, § 123; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 95, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16A-54.3 — SD Code / Title 1 / Chapter 16A / Section 1-16A-54.3
Pledge of securities to secure bonds--Income used for payment--Maximum principal--Bonds subject to other provisions of chapter
Status: in_force

Any bonds issued pursuant to § 1-16A-54.1 shall be secured by a pledge of the securities purchased pursuant to § 1-16A-54.1 under the trust agreement or indenture creating such bonds, shall be payable solely out of the payments to be made on such securities, and shall not exceed in principal amount the cost of such educational or health facility as determined by the participating educational or health institution and approved by the authority. In other respects any such bonds shall be subject to the provisions of §§ 1-16A-39 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.

Source: SL 1976, ch 9, § 1.
S.D. Codified Laws § 1-27-29 — SD Code / Title 1 / Chapter 27 / Section 1-27-29
Disclosure of information concerning private entity restricted
Status: in_force

No state agency may disclose that it is conducting a financial investigation, examination, or audit of a private entity while the financial investigation, examination, or audit is ongoing, except as provided by § 1-27-31 .

Source: SL 1996, ch 12, § 2; SL 2004, ch 25, § 2
S.D. Codified Laws § 1-36A-1.23 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.23
Disbursements accruing to and for benefit of patients
Status: in_force

The Department of Human Services and the Department of Social Services may receive and disburse from social security benefits, retirement annuities, and such other funds as may accrue to patients in residence at institutions under jurisdiction of the departments. Such disbursement shall be made for the benefit of the patient.

Source: SL 1989, ch 21, § 23; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 104, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-32-9 — SD Code / Title 1 / Chapter 32 / Section 1-32-9
Interim allocation of functions and resources--Recommendations to Legislature
Status: in_force

In the event that it has been determined that a function of a transferred agency, which has not been eliminated by chapters 1-32 to 1-47 , inclusive, and its associated records, personnel, equipment, facilities, unexpended balances or appropriations, allocations, or other funds have not been clearly allocated to a principal department or an administrative subunit or board or commission of such a department, the Governor shall specify by interim procedures the allocation of the function and its associated resources. At the next legislative session following the issuance of such interim procedures, the Governor shall make recommendations concerning the proper allocation of the functions of transferred agencies which are not clearly allocated by said chapters. Any interim procedures issued in conjunction with this section shall be filed with the secretary of state.

Source: SL 1973, ch 2, § 292; SL 1980, ch 26, § 3.
S.D. Codified Laws § 1-55-7 — SD Code / Title 1 / Chapter 55 / Section 1-55-7
Final notification to debtor by referring entity
Status: in_force

Prior to transferring any debt to the center for collection, the referring entity shall provide a final notification to the debtor that the debt will be referred to the center for collection.

The final notification to the debtor may be sent by regular mail or by electronic means. The final notification shall contain all of the following:

(1) The name of the referring entity;

(2) Contact information for the referring entity;

(3) The name of the debtor;

(4) The nature of the debt;

(5) The principal amount of the debt;

(6) The total amount of the debt;

(7) A statement that the debt will not be turned over for collection to the center until a time at least fourteen days after the date the final notification is sent to the debtor; and

(8) A statement that if the debt is turned over to the center, a cost recovery fee of twenty percent of the principal, in the amount of $ ______, will be added to the total debt owed by the debtor to the referring entity.

Source: SL 2015, ch 14, § 7.
S.D. Codified Laws § 1-26-20 — SD Code / Title 1 / Chapter 26 / Section 1-26-20
Agreed disposition of contested cases
Status: in_force

Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.

Source: SL 1966, ch 159, § 9 (4).
S.D. Codified Laws § 1-32-14 — SD Code / Title 1 / Chapter 32 / Section 1-32-14
Pending proceedings continued
Status: in_force

No judicial or administrative suit, action, or other proceeding lawfully commenced by or against any department, board, commission, agency, or any officer of the state, in his official capacity or in relation to the discharge of his official duties before the taking effect of any reorganization under the provisions of chapters 1-32 to 1-47 , inclusive, shall abate or be affected by the reason of the taking effect of such reorganization. The court may allow the suit, action, or other proceeding to be maintained by or against the successor of any department, board, commission, agency, or any officer affected by said chapters.

Source: SL 1973, ch 2, § 294; SL 1980, ch 26, § 7.
S.D. Codified Laws § 1-53-28 — SD Code / Title 1 / Chapter 53 / Section 1-53-28
Operation, lease, and disposition of property purchased or acquired
Status: in_force

The commissioner of the Governor's Office of Economic Development, with the approval of the Governor, is authorized and empowered to accept title to any property purchased or acquired pursuant to § 1-53-27 ; to operate or lease such property for such period as may be deemed necessary to protect the investment therein; and to sell or otherwise dispose of such property in a manner consistent with the provisions of §§ 1-53-23 to 1-53-37 , inclusive.

Source: SL 1951, ch 4, § 5; SDC Supp 1960, § 4.0119(3); SDCL § 38-6-7 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 47, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-16J-9 — SD Code / Title 1 / Chapter 16J / Section 1-16J-9
Issuance of revenue bonds, notes, or other evidences of indebtedness
Status: in_force

The authority may issue revenue bonds, notes, or other evidences of indebtedness to pay the cost incurred in connection with developing, constructing, acquiring, improving, maintaining, operating, and decommissioning projects. For the purpose of evidencing the obligations of the authority to repay any money borrowed, the authority may, pursuant to resolution, from time to time issue and dispose of its interest bearing revenue bonds, notes, or other instruments and may also from time to time issue and dispose of such bonds, notes, or other instruments to refund, at maturity, at a redemption date or in advance of either, any revenue bonds, notes, or other instruments pursuant to redemption provisions or at any time before maturity. Any such revenue bonds, notes, or other instruments shall be payable solely from the revenues or income to be derived with respect to such projects, from the leasing or sale of such projects, or from any other funds available to the authority for such purposes. The revenue bonds, notes, or other instruments may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may bear interest at such rate or rates, may be in such form, may carry such registration privileges, may be executed in such manner, may be payable at such place or places, may be made subject to redemption in such manner and upon such terms, with or without premium as is stated on the face thereof, may be authenticated in such manner, and may contain such terms and covenants as may be provided by an applicable resolution.

Source: SL 2009, ch 8, § 9.
S.D. Codified Laws § 1-27-34 — SD Code / Title 1 / Chapter 27 / Section 1-27-34
Unified Judicial System and Public Utilities Commission exempt from certain records procedures
Status: in_force

The provisions of §§ 1-27-35 to 1-27-43 , inclusive, do not apply to the Unified Judicial System or Public Utilities Commission.

Source: SL 2008, ch 14, § 2.
S.D. Codified Laws § 1-44-6 — SD Code / Title 1 / Chapter 44 / Section 1-44-6
Terms of office of commission members--Vacancies
Status: in_force

Terms of members of the Transportation Commission are four years. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term.

Source: SL 1973, ch 2, § 233; SL 1973, ch 184, § 2; SL 1979, ch 355, § 20; SL 1980, ch 369; SL 1983, ch 391, § 18; SL 2010, ch 145, § 2.
S.D. Codified Laws § 1-36A-1.19 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.19
Disposition of temporary buildings--Evaluation by Bureau of Human Resources and Administration
Status: in_force

The Department of Human Services and the Department of Social Services may move, dismantle, destroy, or sell any temporary buildings or structures if the secretaries determine the action is in the best interests of the State of South Dakota, in order to make better use of the area, or because of extensive maintenance and repair costs or fire safety hazards. However, no such action may occur unless the Bureau of Human Resources and Administration evaluates the buildings or structures and subsequently determines that it is not economically feasible to repair, remodel, or redesign the structures for other use.

Receipts from the sale of such structures shall be deposited in the state general fund.

Source: SL 1989, ch 21, § 19; SL 2011, ch 1 (Ex. Ord. 11-1), § 104, eff. Apr. 12, 2011; SL 2012, ch 13, § 7; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-15-1.3 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.3
Secretary as head of department--Appointment--Qualifications
Status: in_force

The head of the Department of Corrections is the secretary of corrections. The secretary of corrections shall be appointed by the Governor with the consent of the Senate and shall serve at the pleasure of the Governor pursuant to article IV, section 9 of the South Dakota State Constitution. The secretary of corrections shall be qualified by training and experience to administer the programs of the Department of Corrections and have such other qualification as may be specified by statute.

Source: SL 1989, ch 20, § 2.
S.D. Codified Laws § 1-6-21 — SD Code / Title 1 / Chapter 6 / Section 1-6-21
Production of medallions, bullion, or commemorative medallion jewelry by contracting mints--Violation as misdemeanor
Status: in_force

Only mints which have contracted with the Bureau of Human Resources and Administration may produce the medallions, bullion or commemorative medallion jewelry. Any other production of such products is a Class 1 misdemeanor.

Source: SL 1986, ch 9, § 5; SL 1988, ch 5, § 8; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-53-42 — SD Code / Title 1 / Chapter 53 / Section 1-53-42
Confidential information--Exception
Status: in_force

Any data or financial information made or received by the commissioner of the Governor's Office of Economic Development pursuant to §§ 1-53-38 to 1-53-47 , inclusive, is not public record and is exempt from the provisions of § 1-27-1 . However, the commissioner may provide information gathered pursuant to §§ 1-53-38 to 1-53-47 , inclusive, to any government agency if the information is needed for a government sponsored animal identification tracking program or for any public health or safety reason.

Source: SL 2005, ch 218, § 5, eff. Mar. 8, 2005; SDCL § 39-24-5 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 62, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-33-9.3 — SD Code / Title 1 / Chapter 33 / Section 1-33-9.3
Long-term lease--Legislative authorization--Concurrent resolution content--Exclusion--Attorney general action
Status: in_force

Before the Bureau of Human Resources and Administration may enter a long-term lease on behalf of the state, the Legislature must authorize the proposed long-term lease. The legislative authorization must be in the form of a concurrent resolution, adopted by both chambers of the Legislature.

To be a valid legislative authorization under this section, the concurrent resolution must only contain content related to the following:

(1) The maximum initial term of the proposed long-term lease;

(2) The maximum amount of base rent for the initial term of the proposed long-term lease;

(3) A description of the project for which the proposed long-term lease is required; and

(4) The county and municipality, if any, where the project is to be located.

The Bureau of Human Resources and Administration may not, without receiving legislative authorization as required by this section, enter or otherwise authorize the lease of real property necessary for the operation of state government under any long-term lease.

A lease of real property for a proposed project at a single site may not be divided or structured as multiple leases to avoid the requirements of this section.

A lease renewal or extension or any amendment to a long-term lease after the initial lease term ends is excluded from the requirements of this section, if the renewal, extension, or amendment does not exceed fifteen years and the base rent due resulting from the renewal, extension, or amendment does not either exceed $5,000,000 in total for the rental payments due during the new term or $50,000 per month during the new term.

Any long-term lease entered in violation of this section is voidable in a legal action initiated by the attorney general.

Source: SL 2025, ch 11, § 3.
S.D. Codified Laws § 1-24-9 — SD Code / Title 1 / Chapter 24 / Section 1-24-9
Agencies not relieved from obligations by agreement
Status: in_force

No agreement made pursuant to §§ 1-24-2 to 1-24-8 , inclusive, shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, which performance may be offered in satisfaction of the obligation or responsibility.

Source: SL 1966, ch 187, § 6.
S.D. Codified Laws § 1-19B-52 — SD Code / Title 1 / Chapter 19B / Section 1-19B-52
Ordinances to prevent deterioration by neglect--Misdemeanor
Status: in_force

The governing body of any county or municipality may enact an ordinance to prevent the deterioration by intentional neglect of any designated historic property or any property within an established historic district. Any property owner violating an ordinance established pursuant to this section shall be guilty of a Class 2 misdemeanor. Each day that a violation continues to exist shall constitute a separate offense.

Source: SL 1974, ch 21, § 19; SL 1980, ch 24, § 5.
S.D. Codified Laws § 1-50-9 — SD Code / Title 1 / Chapter 50 / Section 1-50-9
SARA fee subfund--Agency activities
Status: in_force

There is hereby created the SARA fee subfund of the environmental fee fund established in § 1-41-23 . This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts and fees received pursuant to § 1-50-8 . The subfund shall be separately maintained and be administered by the secretary in order to defray expenses of all activities associated with administering the state emergency response commission including the use of such funds as a match for any grants the commission may receive. Expenditures from the subfund shall be appropriated through the normal budget process.

These activities shall be conducted by the Department of Agriculture and Natural Resources, the Department of the Military or any other agency designated as staff for the State Emergency Response Commission by the Governor. These activities shall include the following:

(1) Establish a toll-free number to obtain reporting information or assistance;

(2) Assist local and county governments in establishing viable local emergency planning committees;

(3) Assist local emergency planning committees in preparing, exercising and updating emergency response plans required by this program;

(4) Organize or conduct appropriate training activities for representatives of government entities and first responders in accordance with accepted practice as funding is available;

(5) Develop procedures to apply for and distribute grant funding available through any appropriate federal or other nonstate sources;

(6) Produce a compliance package to assist facilities with the requirements of SARA title III, sections 302, 311 and 312;

(7) Deliver the reporting package to known facilities no later than six weeks before the March first reporting deadline;

(8) Identify possible reporting facilities and provide them with the documents necessary to comply with SARA title III, section 313 - the toxics release inventory; and

(9) Develop an educational program including any of the following:

(a) A video detailing facility compliance and illustrating completion of the appropriate forms;

(b) Meeting for facility representatives in various locations around the state before the reporting deadlines to assist with compliance; or

(c) Assistance to local emergency planning committees to improve their ability to identify and provide information to the facilities in their communities.

Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 64; SDCL § 34A-12-22; SL 1993, ch 257, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-51-9 — SD Code / Title 1 / Chapter 51 / Section 1-51-9
State 911 Coordinated Statewide System Task Force transferred
Status: transferred

The South Dakota 911 Coordinated Statewide System Task Force attached to the Division of Emergency and Disaster Services in the Department of Military and Veterans Affairs and its functions are transferred to the Department of Public Safety. The secretary of the Department of Public Safety shall perform the functions of the secretary of the Department of Military and Veterans Affairs, relating to the South Dakota 911 Coordinated Statewide System Task Force.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 73.
S.D. Codified Laws § 1-53-23 — SD Code / Title 1 / Chapter 53 / Section 1-53-23
Commissioner of Governor's Office of Economic Development as state official to receive rural rehabilitation trust assets
Status: in_force

The commissioner of the Governor's Office of Economic Development is hereby designated as the state official of the State of South Dakota to make application to and receive from the secretary of agriculture of the United States, or any other proper federal official, pursuant and subject to the provisions of Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property, held by the United States as trustee in behalf of the South Dakota Rural Rehabilitation Corporation.

Source: SL 1951, ch 4, § 1; SDC Supp 1960, § 4.0115; SDCL § 38-6-1 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 42, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-26A-3 — SD Code / Title 1 / Chapter 26A / Section 1-26A-3
Time limit for challenging rule on procedural grounds
Status: in_force

Within one year of the effective date of a rule, an action or proceeding may be brought to contest the legality of any rule for the failure of the agency to comply with the procedural requirements of chapter 1-26 . However, this section does not restrict a person's right to initiate an action or proceeding to challenge the legality of the substance of any rule.

Source: SL 1975, ch 16, § 2; SL 2012, ch 8, § 3.
S.D. Codified Laws § 1-20-18 — SD Code / Title 1 / Chapter 20 / Section 1-20-18
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Complete collection," any site forms, updated site forms, artifacts, ecofacts, permits, contracts, correspondence, survey and excavation records, field notes, maps, lab analysis records, manuals for filed and lab procedures, photographic media, professional papers, shapefiles, and all documentation related to the project or undertaking;

(2) "Field investigations," the study of the traces of human culture at any land or water site by means of surveying, digging, sampling, excavating, or removing surface or subsurface objects, or going on a site with that intent;

(3) "Site," any aboriginal mound, fort, earthwork, village location, burial ground, historic or prehistoric ruin, mine, cave, or other location which is or may be the source of important archaeological data;

(4) "Specimens," all relics, artifacts, remains, objects, or any other evidence of an historical, prehistorical, archaeological, or anthropological nature, which may be found on or below the surface of the earth, and which have scientific or historical value as objects of antiquity, as aboriginal relics, or as archaeological samples.

Source: SL 1974, ch 11, § 2; SL 2009, ch 1, § 99; SL 2021, ch 7, § 36.
S.D. Codified Laws § 1-13-13 — SD Code / Title 1 / Chapter 13 / Section 1-13-13
County sheriffs to receive necessary equipment
Status: in_force

Each county within the state shall furnish to the sheriff of that county a data terminal and other necessary equipment of a type specified by the Department of Public Safety.

Source: SL 1975, ch 11, § 2; SL 2001, ch 7, § 2; SL 2015, ch 5, § 7.
S.D. Codified Laws § 1-6-16 — SD Code / Title 1 / Chapter 6 / Section 1-6-16
State drink
Status: in_force

Milk, lac vaccum, is hereby designated as the official drink of the State of South Dakota.

Source: SL 1986, ch 10.
S.D. Codified Laws § 1-16J-27 — SD Code / Title 1 / Chapter 16J / Section 1-16J-27
Transfer of real estate in Rapid City
Status: in_force

The Commissioner of School and Public Lands shall transfer to the Ellsworth Development Authority all or any portion of the following real estate and any related personal property and improvements located on the property:

Certain property described generally as Tract B in the Northeast Quarter of the Southeast Quarter and in the Southeast Quarter of the Southeast Quarter of Section 5, Township 1 North, Range 8 East of the Black Hills Meridian, City of Rapid City, Pennington County, South Dakota.

Source: SL 2018, ch 11, § 1, eff. Feb. 5, 2018.
S.D. Codified Laws § 1-26D-12 — SD Code / Title 1 / Chapter 26D / Section 1-26D-12
Validity of prior rules, actions, decisions or proceedings unaffected
Status: in_force

The creation of the Office of Hearing Examiners does not affect the validity of any rule, action, decision, or proceedings held or promulgated by any agency before July 1, 1995.

Source: SL 1995, ch 8, § 16
S.D. Codified Laws § 1-16H-4 — SD Code / Title 1 / Chapter 16H / Section 1-16H-4
Science and Technology Authority created
Status: in_force

The South Dakota Science and Technology Authority is hereby created as a body corporate and politic.

Source: SL 2004, ch 15, § 4.
S.D. Codified Laws § 1-27-24 — SD Code / Title 1 / Chapter 27 / Section 1-27-24
Effect of common language requirement on state employment
Status: in_force

No person may be denied employment with the state or any political subdivision of the state based solely upon that person's lack of facility in a foreign language, except where related to bona fide job needs reflected in the exemptions in § 1-27-22 .

Source: SL 1995, ch 9, § 5
S.D. Codified Laws § 1-16H-31.6 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.6
Service or mailing of copy of declaration of taking and amendments
Status: in_force

A copy of the declaration of taking filed pursuant to § 1-16H-31.2 and any amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered mail at the defendant's last known post office address.

Source: SL 2005, ch 12, § 6.
S.D. Codified Laws § 1-18-38 — SD Code / Title 1 / Chapter 18 / Section 1-18-38
Promulgation of rules for restoration and rehabilitation tax moratoriums
Status: in_force

For the purpose of administering §§ 1-19A-20 , 1-19A-21 , 1-19A-22 , and 7-10-10 , the State Historical Society Board of Trustees may promulgate rules pursuant to chapter 1-26 to:

(1) Establish procedures for certification of projects;

(2) Establish standards for the approval of restoration and rehabilitation work;

(3) Establish standards for covenants required under § 1-19A-21 ; and

(4) Cancel tax moratoriums.

Source: SL 1992, ch 6, § 3.
S.D. Codified Laws § 1-16A-21 — SD Code / Title 1 / Chapter 16A / Section 1-16A-21
Acquisition of property--Title taken
Status: in_force

The authority is authorized and empowered directly or by or through a participating health institution or participating educational institution, as the case may be, as its agent, to acquire by purchase, lease, gift, devise or otherwise such lands, structures, property, real or personal, rights - of - way, franchises, easements, and other interests in lands, within or without the state, including lands lying under water and riparian rights which are located within or without the state as it may deem necessary or convenient for the construction or acquisition or operation of facilities but upon such terms as may be considered by the authority to be reasonable, and to take title thereto in the name of the authority or in the name of such participating health institution or participating educational institution, as the case may be, as its agent.

Source: SL 1972, ch 10, § 9; SL 2004, ch 9, § 3.
S.D. Codified Laws § 1-16G-78 — SD Code / Title 1 / Chapter 16G / Section 1-16G-78
Affidavit for new frontiers payment--Contents
Status: in_force

Any person holding a new frontiers permit issued by GOED and completing its program shall file an affidavit for new frontiers payment with GOED.

The affidavit for new frontiers payment shall contain the following information:

(1) The program owners' name and contact information;

(2) The general description of the program;

(3) The date of completion of the program;

(4) The final program costs;

(5) The amount of South Dakota sales tax and use tax paid for the completion of the program;

(6) The location of the program;

(7) A list of the contractors and subcontractors who performed work on the program;

(8) A copy of any approval notification by a federal authority;

(9) A commitment from the program owner to manufacture or process the product resulting from the program in South Dakota;

(10) If the new frontiers payment was assigned or transferred, the name and address of the person to whom the new frontiers payment has been assigned or transferred; and

(11) Any other information that GOED may require.

The affidavit for new frontiers payment shall be on a form prescribed by the commissioner. The affidavit for new frontiers payment shall be signed by the program owner. No affidavit for new frontiers payment may include more than one program.

Source: SL 2016, ch 5, § 6.
S.D. Codified Laws § 1-24-23 — SD Code / Title 1 / Chapter 24 / Section 1-24-23
Approval of Governor required for reciprocal agreements
Status: in_force

All reciprocal interstate law enforcement agreements must be approved by the Governor.

Source: SL 1997, ch 9, § 4.
S.D. Codified Laws § 1-16B-19 — SD Code / Title 1 / Chapter 16B / Section 1-16B-19
State pledge not to impair powers of authority--Inclusion in terms of notes or bonds
Status: in_force

The state hereby pledges and agrees with the holder of any notes or bonds issued under this chapter that the state will not limit or alter the rights vested in the authority to fulfill the terms of any agreement made with any holder or impair the rights and remedies of any holder until the notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs in connection with any proceeding on behalf of any holder, are fully met and discharged. The authority may include this pledge and agreement in any agreement with the holder of any notes or bonds.

Source: SL 1978, ch 9, § 25.
S.D. Codified Laws § 1-11-3 — SD Code / Title 1 / Chapter 11 / Section 1-11-3
Traveling expenses
Status: in_force

There shall be paid to the attorney general all his necessary traveling expenses including food and lodging incurred while journeying in the performance of the duties of his office, to be paid upon an itemized statement verified by oath.

Source: SDC 1939, § 55.1507; SL 1947, ch 242, § 1.
S.D. Codified Laws § 1-16A-52.1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-52.1
Financing through federally guaranteed securities authorized
Status: in_force

Notwithstanding any other provisions of this chapter to the contrary, the authority may finance the cost of an educational or health facility, or refund outstanding indebtedness incurred prior to or after the effective date of this section for the construction or acquisition of an educational or health facility, by issuing its bonds pursuant to a plan of financing involving the acquisition of any federally guaranteed security or securities or the acquisition or entering into of commitments to acquire any federally guaranteed security or securities. For the purposes of this chapter, "federally guaranteed security" shall mean any direct obligation of, or obligation the principal of and interest on which are fully guaranteed or insured by, the United States of America or any obligation issued by or the principal of and interest on which are fully guaranteed or insured by any agency or instrumentality of the United States of America, including without limitation any such obligation that is issued pursuant to the National Housing Act (12 U.S.C. § 1701 et seq.), or any successor provision of law, each as amended from time to time.

Source: SL 1979, ch 7, § 2.
S.D. Codified Laws § 1-44-32 — SD Code / Title 1 / Chapter 44 / Section 1-44-32
Funds subject to state budget provisions
Status: in_force

Expenditures from the railroads administration fund shall be made in accordance with chapter 4-7 .

Source: SL 1981, ch 12, § 5.
S.D. Codified Laws § 1-11-4.1 — SD Code / Title 1 / Chapter 11 / Section 1-11-4.1
Division of Consumer Affairs created--Appointment of director
Status: in_force

There is created in the Office of the Attorney General a Division of Consumer Affairs. The director of the Division of Consumer Affairs shall be appointed by the attorney general.

Source: SL 1979, ch 5, § 3.
S.D. Codified Laws § 1-47-6 — SD Code / Title 1 / Chapter 47 / Section 1-47-6
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. 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 Division of Banking.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 24, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 113, eff. Apr. 12, 2011.