S.D. Codified Laws § 34-29A-26 — SD Code / Title 34 / Chapter 29A / Section 34-29A-26
Inspections required for operating boilers--Frequency of inspection
Status: in_force

Each boiler used or proposed to be used within this state, except boilers exempt under § 34-29A-14 , shall be thoroughly inspected as to their construction, installation and condition as follows:

(1) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits, otherwise it shall be as complete an inspection as possible. Such boilers shall also be externally inspected annually while under pressure;

(2) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction will permit;

(3) Hot water heating and hot water supply boilers shall receive a certification inspection biennially with an internal inspection at the discretion of the inspector;

(4) Boilers and pressure vessels which are a part of a nuclear installation shall be inspected and reported in such form and with such appropriate information as the Department of Public Safety shall designate.

A grace period of two months beyond the periods specified in subdivisions (1), (2), and (3) of this section may elapse between certificate inspections. The chief inspector may, at his discretion, permit longer periods between certificate inspections.

Source: SL 1973, ch 229, § 14; SL 1978, ch 257, § 3; SL 1982, ch 18, § 54; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-10-9 — SD Code / Title 34 / Chapter 10 / Section 34-10-9
Percentage of votes required for establishment of district--Commissioners' certification of result
Status: in_force

In the event that sixty percent of the votes cast in each voting precinct or portion thereof, which is included in the proposed district, are in favor of the creation and establishment of said public hospital district, the board or boards of county commissioners shall within ten days after the election, by resolution certify such result and proceed with the organization of such district as specified in this chapter.

Source: SL 1959, ch 135, § 9; SDC Supp 1960, § 27.19B09.
S.D. Codified Laws § 34-39-16 — SD Code / Title 34 / Chapter 39 / Section 34-39-16
Liquefied petroleum gas equipment and appliances--Product for purpose of certain liability provision
Status: in_force

Any liquefied petroleum gas equipment utilized in the storage or use of liquefied petroleum gas or any liquefied petroleum gas appliance is considered to be a product for the purposes of § 20-9-10 .

Source: SL 2005, ch 193, § 1.
S.D. Codified Laws § 34A-10-16 — SD Code / Title 34A / Chapter 10 / Section 34A-10-16
Enforcement action by department
Status: in_force

The department need not exhaust its administrative remedies, if any exist, before commencing any action to enforce the provisions of Title 34A, 45, or 46.

Source: SL 1991, ch 288, § 17.
S.D. Codified Laws § 34A-1-2 — SD Code / Title 34A / Chapter 1 / Section 34A-1-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Air contaminant," dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, radioactive materials as defined in chapter 34-21 , or any combination thereof;

(2) "Air pollution," the presence in the outdoor atmosphere of one or more air contaminants in such quantities and duration as is or tend to be injurious to human health or welfare, animals or plant life, or property, or would interfere with the enjoyment of life or property;

(3) "Board," the Board of Minerals and Environment;

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

(5) "Emission," a release into the outdoor atmosphere of air contaminants;

(6) "Person," any individual, partnership, limited liability company, firm, association, municipality, public or private corporation, subdivision or agency of the state, trust, estate, or any other legal entity;

(7) "Secretary," the secretary of agriculture and natural resources.

Source: SL 1970, ch 203, § 2; SDCL Supp, § 34-16A-2; SL 1973, ch 222, § 1; SL 1978, ch 250, § 6; SL 1994, ch 351, § 66; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20A-107 — SD Code / Title 34 / Chapter 20A / Section 34-20A-107
Prescription deemed issued for legitimate medical purpose
Status: in_force

For the purpose of §§ 34-20A-104 to 34-20A-108 , inclusive, any prescription issued pursuant to §§ 34-20A-104 to 34-20A-108 , inclusive, is deemed to be issued for a legitimate medical purpose in the usual course of professional practice.

Source: SL 2016, ch 174, § 4.
S.D. Codified Laws § 34-45-29 — SD Code / Title 34 / Chapter 45 / Section 34-45-29
Promulgation of rules regarding training and certification--Establishment of criteria for revocation or suspension of certification
Status: in_force

The commission may promulgate rules pursuant to chapter 1-26 :

(1) To require the submission of reports and information by a public safety answering point, as defined by subdivision 34-45-1(10), within this state;

(2) To establish minimum educational and training standards for admission to temporary or probationary employment as a 911 telecommunicator;

(3) To certify persons as being qualified as 911 telecommunicators under the provisions of §§ 34-45-22 to 34-45-30 , inclusive;

(4) To establish criteria and procedure for the revocation or suspension of the certification of 911 telecommunicators who are convicted of a felony or misdemeanor involving moral turpitude, have intentionally falsified any application or document to achieve certification, or have been discharged from employment for cause or engaged in conduct unbecoming a 911 telecommunicator;

(5) Establish minimum curriculum requirements for preparatory, in - service and advanced courses and programs.

Source: SL 1998, ch 142, § 8.
S.D. Codified Laws § 34-31A-33 — SD Code / Title 34 / Chapter 31A / Section 34-31A-33
Claim vouchers for district funds
Status: in_force

Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district.

Source: SL 1971, ch 208, §§ 7 (4), 9; SDCL Supp, § 34-31A-27.
S.D. Codified Laws § 34A-1-9 — SD Code / Title 34A / Chapter 1 / Section 34A-1-9
Studies, investigations and educational activities of department
Status: in_force

The department may:

(1) Encourage and conduct studies, investigations and research relating to air pollution and its causes, effects, prevention, abatement, and control;

(2) Determine by means of field studies and sampling the degree of air pollution in the state;

(3) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this state and make recommendations to appropriate public and private bodies with respect to such effects; and

(4) Collect and disseminate information and conduct educational and training programs relating to air pollution.

Source: SL 1970, ch 203, § 5 (9) to (11), (13); SDCL Supp, § 34-16A-16; SL 1977, ch 280, § 5; SL 2011, ch 165, § 8.
S.D. Codified Laws § 34-22-14 — SD Code / Title 34 / Chapter 22 / Section 34-22-14
Enforcement of regulations for control of communicable diseases
Status: in_force

The department has the authority to provide for the enforcement of regulations for the control and eradication of communicable diseases through isolation, prevention, and treatment.

Source: SL 1963, ch 380, § 5 (4); SL 2015, ch 181, § 11.
S.D. Codified Laws § 34A-9-10 — SD Code / Title 34A / Chapter 9 / Section 34A-9-10
Findings required as to compliance and actions to minimize environmental problems
Status: in_force

When an agency decides to carry out or approve an action which has been the subject of an environmental impact statement, it shall make an explicit finding that the requirements of this chapter have been met and that all feasible action will be taken to minimize or avoid environmental problems that are revealed in the environmental impact statement process.

Source: SL 1974, ch 245, § 5; SDCL Supp, § 11-1A-10.
S.D. Codified Laws § 34-49-14 — SD Code / Title 34 / Chapter 49 / Section 34-49-14
Seizure of cigarettes lacking certification or marking--Notice prior to destruction
Status: in_force

If any law enforcement officer or the state fire marshal, the attorney general, or the secretary discovers any cigarettes for which no certification and fee has been filed as required by § 34-49-8 or that have not been marked as required by § 34-49-9 , such person is hereby authorized and empowered to seize and take possession of the cigarettes. Any cigarettes seized pursuant to this section shall be destroyed. However, prior to the destruction of any cigarette pursuant to this section, the true holder of the trademark rights in the cigarette brand shall be given notice and a reasonable opportunity to inspect the cigarettes within sixty days of the notification. Nothing in this section shall be construed to require the secretary, the attorney general, or the state fire marshal to confiscate cigarettes in violation of §§ 34-49-2 to 34-49-7 , inclusive, when there is reason to believe that the owner thereof did not willfully or intentionally sell or offer to sell cigarettes in violation of §§ 34-49-2 to 34-49-7 , inclusive.

Source: SL 2009, ch 172, § 14, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-1-45 — SD Code / Title 34A / Chapter 1 / Section 34A-1-45
Emergency order for immediate reduction or discontinuance of emissions
Status: in_force

If the secretary finds that any person is causing or contributing to air pollution and that such pollution creates an emergency by causing imminent danger to human health or safety and requires immediate action to protect human health or safety, the secretary shall order the person to reduce or discontinue immediately the emission of air contaminants. The emergency order is effective immediately on service upon the person responsible for the emission, and any person to whom such an order is directed shall comply with the order immediately.

Source: SL 1970, ch 203, § 11; SDCL Supp, § 34-16A-50; SL 2011, ch 165, § 25.
S.D. Codified Laws § 34A-2-51 — SD Code / Title 34A / Chapter 2 / Section 34A-2-51
Effective date of revocation, suspension, or modification of permit
Status: in_force

Modification, revocation, or suspension of a permit shall be effective thirty days after issuance, unless a later date is specified. If the holder requests a hearing before the secretary, the order of modification, revocation, or suspension shall be effective twenty days after final determination by the secretary.

Source: SL 1973, ch 280, § 9 (6); SDCL Supp, § 46-25-67; SL 1988, ch 285, § 17.
S.D. Codified Laws § 34-46-4 — SD Code / Title 34 / Chapter 46 / Section 34-46-4
Annual reports to federal government
Status: in_force

The attorney general shall prepare annually for submission by the Governor to the United States Department of Health and Human Services reports as required under Section 1926 of Subpart I of Part B of Title XIX of the Federal Public Health Service Act (42 U.S.C. § 300X-26) as in effect on January 1, 1994.

Source: SL 1994, ch 280, § 4.
S.D. Codified Laws § 34-26-51 — SD Code / Title 34 / Chapter 26 / Section 34-26-51
Who may make anatomical gift before donor's death
Status: in_force

Subject to § 34-26-55 , an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in § 34-26-52 by:

(1) The donor, if the donor is an adult or if the donor is a minor and is:

(A) Emancipated; or

(B) Authorized under state law to apply for a driver's license because the donor is at least fourteen years of age, provided, that if the minor is unemancipated, a parent or guardian has consented that the organ donor indicator be placed on the minor's driver license or nondriver identification card;

(2) An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift;

(3) A parent of the donor, if the donor is an unemancipated minor; or

(4) The donor's guardian.

Source: SL 2007, ch 197, § 4.
S.D. Codified Laws § 34A-2B-8 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-8
Judicial remedies
Status: in_force

The department may file an action in circuit court for preliminary and permanent injunctive relief if the secretary determines emergency remedial efforts are necessary to prevent, contain, control, or mitigate a discharge.

Source: SL 1998, ch 216, § 11.
S.D. Codified Laws § 34-20A-55 — SD Code / Title 34 / Chapter 20A / Section 34-20A-55
Protective custody of intoxicated or incapacitated person--Emergency detainment
Status: in_force

Any person who appears to be intoxicated or incapacitated by the effects of alcohol or drugs and is clearly dangerous to the health and safety of oneself or others may be taken into protective custody by law enforcement authorities, acting with probable cause. If the person is taken into protective custody, the person must be taken to an approved treatment facility offering detoxication services for emergency detainment. If emergency detainment is not appropriate, as determined by the administrator of the treatment facility or an authorized designee, the person may be detained as a patient in protective custody until no longer intoxicated or up to forty-eight hours after admission. If no approved treatment facility is readily available, the person must be taken to an emergency medical service or a jail, but only until the person is no longer intoxicated or incapacitated or only so long as may be necessary to prevent injury to oneself or others.

Source: SL 1974, ch 240, § 10 (a), (b); SL 1975, ch 222; SDCL Supp, § 34-20A-54; SL 1976, ch 217, § 3; SL 1983, ch 198, § 10; SL 1985, ch 277, § 7; SL 2010, ch 173, § 1; SL 2022, ch 108, § 2.
S.D. Codified Laws § 34A-11-6 — SD Code / Title 34A / Chapter 11 / Section 34A-11-6
Acceptance of loans and grants
Status: in_force

The Department of Agriculture and Natural Resources may accept and administer any loans and grants from the federal government or other sources which are made available to the Department for Hazardous Waste Management.

Source: SL 1983, ch 262, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-16-24 — SD Code / Title 34 / Chapter 16 / Section 34-16-24
Supervision of public health matters by superintendent--Action without board in event of immediate danger
Status: in_force

The superintendent of the county board of health shall have charge of and superintend, subject to the approval of the board, all the matters and things specified in this chapter. In case of immediate danger to the health of persons, the superintendent may act without consultation with the county board, for the prevention of such danger, and shall immediately report the action to the president of the county board and to the secretary of health.

Source: SL 2002, ch 168, § 8.
S.D. Codified Laws § 34-31-2 — SD Code / Title 34 / Chapter 31 / Section 34-31-2
County agreements with other agencies for training and payment of costs
Status: in_force

The boards of county commissioners of the counties of this state may participate in cooperation with the organized townships and municipal corporations within their respective counties, organized townships and municipal corporations in adjacent counties, or the fire - fighting agencies thereof, and with organized townships, boards of county commissioners or municipal corporations in adjacent states when reciprocal agreements between contracting parties have been provided and with the secretary of public safety or his designee in the organization and training of rural fire - fighting groups, and in the payment of the operation and maintenance of fire - fighting equipment and in the cost of suppressing fires.

Source: SL 1947, ch 46, § 2; SL 1953, ch 19; SDC Supp 1960, § 12.06 17-4 ; SL 1965, ch 26; SL 1969, ch 20; SL 1971, ch 206, § 2; SL 1985, ch 15, § 44; SL 2002, ch 252 (Ex. Ord. 02-1), § 10; SL 2021, ch 1 (Ex. Ord. 21-3 ), §§ 14, 68, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-11-17 — SD Code / Title 34 / Chapter 11 / Section 34-11-17
Adverse action by department
Status: in_force

The department may deny the issuance or renewal of a license issued under this chapter, and may suspend, revoke, or impose probation on a license issued under this chapter, for a violation of any provision of this chapter or any rule adopted thereunder.

Source: SL 2024, ch 126, § 11.
S.D. Codified Laws § 34A-3-12 — SD Code / Title 34A / Chapter 3 / Section 34A-3-12
Functions performed by Department of Agriculture and Natural Resources and Board of Water Management
Status: in_force

The Department of Agriculture and Natural Resources shall perform all the functions of the former Department of Environment and Natural Resources, and the Public Health Advisory Committee, the former state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except that the Board of Water Management shall perform any advisory functions as defined in § 1-32-1 .

Source: SL 1973, ch 2, § 103; SDCL Supp, § 36-22A-11.1; SL 1974, ch 3, § 25; SL 1986, ch 295, § 18; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 62, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20A-64.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-64.1
Confinement of disruptive detainee
Status: in_force

If any person taken into protective custody, pursuant to § 34-20A-55 , or under emergency detainment pursuant to § 34-20A-64 , is disruptive beyond the ability of the facility to control the person's behavior, or leaves without staff approval, the facility administrator, or an authorized designee, shall contact law enforcement authorities who may further detain the person at whatever level of confinement is necessary to protect the detainee or others.

Source: SL 1985, ch 277, § 1; SL 2022, ch 108, § 7.
S.D. Codified Laws § 34-12-3 — SD Code / Title 34 / Chapter 12 / Section 34-12-3
Licensed child welfare agencies exempt from chapter
Status: in_force

The provisions of this chapter do not apply to any state institution, children's home, association or institution having the care of children or pregnant women under its control, which is required to be licensed or registered by the Department of Social Services under chapter 26-6 .

Source: SL 1925, ch 220, § 1; SDC 1939, § 27.1201; SL 1945, ch 108, § 2; SL 1953, ch 123, § 2; SDC Supp 1960, § 27.1202; SL 1985, ch 211, § 15.
S.D. Codified Laws § 34-12C-1 — SD Code / Title 34 / Chapter 12C / Section 34-12C-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

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

(2) "Durable power of attorney for health care," an instrument executed pursuant to § 59-7-2.1 that authorizes its attorney in fact to make a health care decision or to consent to health care on behalf of its principal;

(3) "Health care," any care, treatment, service, or procedure to maintain, diagnose, or treat a person's physical or mental condition. The term also includes admission to, and personal and custodial care provided by, a licensed health care facility as defined in § 34-12-1.1 ;

(4) "Health care decision," the determination of the health care to be provided to a person;

(5) "Health care provider," any licensed health care facility and any person, corporation, or organization licensed, certified, or otherwise authorized or permitted by law to administer health care, and any physician licensed pursuant to chapter 36-4 ;

(6) "Incapacitated person," any person who is incapable of giving informed consent to health care;

(7) "Person available to consent," any person who is authorized to make a health care decision for an incapacitated person and whose existence is known to the health care provider and who, in the good faith judgment of the health care provider, is reasonably available for consultation and is willing and competent to make an informed health care decision;

(8) "Close friend," any adult who has provided significant care and exhibited concern for the patient, and has maintained regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs.

Source: SL 1990, ch 222, § 1; SL 2007, ch 192, § 1.
S.D. Codified Laws § 34-12-65 — SD Code / Title 34 / Chapter 12 / Section 34-12-65
Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions
Status: in_force

Any freestanding emergency medical care facility that is federally certified as a department of a hospital is exempt from the freestanding emergency medical care facility licensing and license fee provisions of this chapter.

Source: SL 2017, ch 150, § 7.
S.D. Codified Laws § 34-37-3 — SD Code / Title 34 / Chapter 37 / Section 34-37-3
Prohibited fireworks--Manufacture or use as misdemeanor
Status: in_force

Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1607; SL 1977, ch 190, § 102; SL 1983, ch 259, § 3; SL 1998, ch 213, § 4.
S.D. Codified Laws § 34-20C-6 — SD Code / Title 34 / Chapter 20C / Section 34-20C-6
Types of damages recoverable under §34-20C-4
Status: in_force

Any person entitled to bring an action under § 34-20C-4 may recover all of the following damages:

(1) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;

(2) Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by a user's use of an illegal drug;

(3) Exemplary damages;

(4) Attorneys' fees; and

(5) Disbursements.

Source: SL 1997, ch 203, § 7.
S.D. Codified Laws § 34-48-12 — SD Code / Title 34 / Chapter 48 / Section 34-48-12
Wages, pension, worker's compensation, and other service rights and benefits for law enforcement officers responding to requests for assistance
Status: in_force

Any law enforcement officer who is ordered by the deploying agency or who responds to the request of the authorities of another public agency to perform law enforcement duties outside territorial limits of the public agency where the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for this service as for service rendered within the limits of the public agency where the law enforcement officer is regularly employed. All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising from such service to the requesting agency shall be paid by the public agency or town regularly employing the law enforcement officer.

A deploying public agency that provides law enforcement assistance and requests reimbursement shall be reimbursed by the requesting agency for actual expenses incurred by the deploying agency, which shall include wages and salary, employee benefits such as disability and pension, fuel and oil, incidental repairs, room and board, equipment, clothing and supplies, and the cost of workers' compensation insurance premiums at the time of employment.

This section does not apply to any law enforcement officer or other employee of a state agency of the State of South Dakota, an agency of the United States, or a tribal government.

Source: SL 2013, ch 164, § 6.
S.D. Codified Laws § 34-46-24 — SD Code / Title 34 / Chapter 46 / Section 34-46-24
Cigar bar license--Eligibility
Status: in_force

To be eligible for a license issued pursuant to § 34-46-22 , the establishment must:

(1) Have a humidor on the premises;

(2) Be enclosed by solid walls or windows, a solid ceiling, and a solid door;

(3) Be equipped with a ventilation system so that exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas;

(4) Be approved for a license classed under subdivision 35-4-2 (4), (6), (12), or (16); and

(5) Generates, or is expected to generate, ten percent or more of its annual gross income from the sale of cigars.

For purposes of this section, "cigar" means an individual roll of tobacco that has a wrapper or cover consisting only of tobacco.

Source: SL 2026, ch 154, § 3.
S.D. Codified Laws § 34A-16-27 — SD Code / Title 34A / Chapter 16 / Section 34A-16-27
Purchases
Status: in_force

The provisions of chapter 5-18A apply to purchases by the district.

Source: SL 1993, ch 259, § 29; SL 2011, ch 2, § 142.
S.D. Codified Laws § 34-22-12.2 — SD Code / Title 34 / Chapter 22 / Section 34-22-12.2
Violation of confidentiality as misdemeanor
Status: in_force

Except as provided in § 34-22-12.1 , any person responsible for recording, reporting, or maintaining medical reports required to be submitted pursuant to § 34-22-12 who knowingly or intentionally discloses or fails to protect medical reports declared to be confidential under § 34-22-12.1 , or who compels another person to disclose such medical reports, is guilty of a Class 1 misdemeanor.

Source: SL 1989, ch 296, § 2.
S.D. Codified Laws § 34A-1-57 — SD Code / Title 34A / Chapter 1 / Section 34A-1-57
State administration of air pollution control program--Imposition of fees
Status: in_force

In order to enhance economic development, provide increased customer service, protect the public health, safety, welfare, and the environment of this state, the state shall retain state administration of the air pollution control program as provided under Title V of the Federal Clean Air Act as amended to January 1, 1992. In order to retain state administration of this program, as provided in the Clean Air Act, fees shall be imposed upon certain air pollution point sources as provided in § 34A-1-58 . Proceeds from the fees shall be used to defray the costs of administering the state's air quality permitting program.

Source: SL 1992, ch 254, § 72; SL 1993, ch 34, § 3.
S.D. Codified Laws § 34-12-66 — SD Code / Title 34 / Chapter 12 / Section 34-12-66
Mammogram reports required to include information on breast density
Status: in_force

Any health care facility as defined in § 34-12-1.1 that performs mammography services shall include information on breast density in the mammogram report that is required to be sent to each mammography patient under the Federal Mammography Quality Standards Act (42 U.S.C. Section 263b), as amended to January 1, 2019. The information shall identify the patient's individual breast density classification as determined by the interpreting physician based on the breast imaging reporting and data system standards established by the American College of Radiology. If the interpreting physician determines that a patient has heterogeneously or extremely dense breasts, the mammogram report shall include the following notice:

"Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is not abnormal. It is found in more than forty percent of women. However, dense breast tissue may make it harder to detect cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information is given to you and your health care provider to raise your awareness of breast density. We encourage you to talk with your health care provider about this and other breast cancer risk factors. Together, you can decide if additional breast imaging would be beneficial based on your mammogram results, risk factors, and physical examination."

Notwithstanding any other provision of law, this section does not create a cause of action or create a standard of care, obligation, or duty beyond the duty to provide notice as set forth in this section.

This section does not require a notice that is inconsistent with the provisions of the Federal Mammography Quality Standards Act or any regulations adopted under the act.

Source: SL 2019, ch 144, § 1.
S.D. Codified Laws § 34-34A-1.1 — SD Code / Title 34 / Chapter 34A / Section 34-34A-1.1
Manufactured home defined
Status: in_force

A manufactured home is a structure that meets the following requirements:

(1) It is transportable in one or more sections;

(2) Its body is eight or more feet wide or forty or more feet long in the traveling mode or it occupies three hundred twenty or more square feet when erected on a site;

(3) It is built on a permanent chassis;

(4) It is designed to be used as a dwelling with or without a permanent foundation when it is connected to the required utilities.

The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term also includes any structure that meets all of the requirements of this section except the size requirements and for which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.

Source: SL 1990, ch 278, § 2.
S.D. Codified Laws § 34A-1-51 — SD Code / Title 34A / Chapter 1 / Section 34A-1-51
Time allowed for corrective action in board order
Status: in_force

Any order issued as part of a notice or after proceedings under chapter 1-26 shall prescribe the date or dates by which the violation or violations shall cease and may prescribe timetables for necessary action in preventing, abating, or controlling the emissions of air pollution.

Source: SL 1970, ch 203, § 10; SDCL Supp, § 34-16A-58.
S.D. Codified Laws § 34-1-22 — SD Code / Title 34 / Chapter 1 / Section 34-1-22
Health special services fund authorized--Moneys credited to fund
Status: in_force

The state treasurer is hereby authorized to open an account entitled health special services fund to which shall be credited such moneys as may come into the hands of the secretary of health as a result of services rendered any municipality or subdivision of the state, donations to the crippled children's program, refunds received in connection with service to crippled children, such other funds as may come into the hands of the secretary of health for special projects, and such funds as the Legislature may from time to time require to be placed therein pending disbursement.

Source: SL 1961, ch 136.
S.D. Codified Laws § 34-26A-42 — SD Code / Title 34 / Chapter 26A / Section 34-26A-42
Change of ownership--Report to board
Status: in_force

Whenever there is a change in the ownership of a licensed crematory, a representative of the crematory shall report the change to the board, within thirty days.

Source: SL 2023, ch 129, § 31.
S.D. Codified Laws § 34A-9-3 — SD Code / Title 34A / Chapter 9 / Section 34A-9-3
Actions not subject to chapter
Status: in_force

As used in this chapter, the term, actions, does not include:

(1) Enforcement proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;

(2) Actions of a ministerial nature, involving no exercise of discretion;

(3) Emergency actions responding to an immediate threat to public health or safety;

(4) Proposals for legislation; or

(5) Actions of an environmentally protective regulatory nature.

Source: SL 1974, ch 245, § 1 (3); SDCL Supp, § 11-1A-3; SL 2011, ch 165, § 133.
S.D. Codified Laws § 34A-3A-23 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-23
Owner or operator to pay fee imposed on public drinking water system--Date due
Status: in_force

The obligation to pay the fee imposed by § 34A-3A-20 shall be upon the owner and operator of a public drinking water system and shall accrue on July first. The fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26 .

Source: SL 1992, ch 254, § 71; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2019, ch 158, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-8A-6 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-6
Remedies for nuisances
Status: in_force

In addition to any other remedies at law, the remedies set forth in chapter 21-10 apply to the nuisances described in § 34A-8A-5 . These remedies include civil action, including injunctive relief and recovery of damages, and abatement. Abatement, if ordered by the court, shall include reimbursement for any reasonable and necessary costs incurred in abating the nuisance.

Source: SL 2001, ch 191, § 6.
S.D. Codified Laws § 34A-6-1.20 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.20
Periodic inspections--On-site investigations
Status: in_force

The secretary shall make periodic inspections at every permitted solid waste facility to effectively implement and enforce the requirements of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, and may, in coordination with the secretary of the Department of Transportation, conduct at weigh stations or any other adequate site or facility inspections of solid waste in transit.

In addition, the secretary may at reasonable times, enter onto any solid waste facility, open dump or property where solid waste is present for the purpose of investigating any potential violation of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive.

In conducting these investigations the department may take samples of the waste, soils, air, or water or may, upon issuance of an order, require any person to take and analyze samples of such waste, soil, air, or water. The secretary may also perform or require a person, by order, to perform any and all acts necessary to carry out the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive.

Source: SL 1989, ch 306, § 20.
S.D. Codified Laws § 34A-3-24 — SD Code / Title 34A / Chapter 3 / Section 34A-3-24
Rules promulgated by secretary--Contents
Status: in_force

The secretary, with the advice of the Board of Certification and in accordance with chapter 1-26 , shall promulgate rules to establish the basis for classification of water treatment plants, wastewater treatment plants, water distribution and wastewater collection systems, to establish qualifications of applicants and procedures for examination of candidates, membership of and duties of the Board of Certification and such other provisions as are necessary for the administration of this chapter.

Source: SL 1970, ch 217, § 5; SDCL Supp, § 36-22A-23; revised pursuant to SL 1972, ch 15, § 4; SL 1977, ch 280, § 41; SL 1993, ch 256, § 23.
S.D. Codified Laws § 34-29B-11 — SD Code / Title 34 / Chapter 29B / Section 34-29B-11
Fire marshal empowered to abate immediate fire hazards
Status: in_force

The state fire marshal may summarily abate any condition that is in violation of any provision of this chapter that presents immediate fire hazard to life or property.

Source: SL 1991, ch 283, § 11.
S.D. Codified Laws § 34A-16-41 — SD Code / Title 34A / Chapter 16 / Section 34A-16-41
Contents of designation ordinance
Status: in_force

The designation ordinance shall define the geographic area and the types and quantities of solid waste subject to designation; specify the point or points of delivery of the solid waste; require that the designated solid waste be delivered to the specified point or points of delivery; require the designated facility to accept all designated solid waste delivered to the specified point or points of delivery, unless the facility has notified waste collectors in the designated area that the facility is inoperative; set out the procedures and principles to be followed by the district in establishing and amending any rates and charges at the designated facility; and state any additional regulations governing waste collectors or other matters necessary to implement the designation.

Source: SL 1993, ch 259, § 43.
S.D. Codified Laws § 34A-2-114 — SD Code / Title 34A / Chapter 2 / Section 34A-2-114
Administration of national pollutant discharge elimination system permit program for pretreatment surface water discharge systems--Fee
Status: in_force

In order to enhance economic development, provide improved coordination between governmental agencies, and safeguard the public health, safety, welfare, and the environment of this state through a customer service approach, the department is delegated authority to administer the national pollutant discharge elimination system permit program for all direct and indirect pretreatment surface water discharge systems as provided in section 402 of the Federal Water Pollution Control Act as amended to January 1, 2011. A reasonable fee upon these systems shall be imposed, as provided in §§ 34A-2-117 to 34A-2-120 , inclusive, in order to defray the department's costs of administering this program.

Source: SL 1992, ch 254, § 51; SL 2011, ch 165, § 64.
S.D. Codified Laws § 34-20G-19 — SD Code / Title 34 / Chapter 20G / Section 34-20G-19
Schools and landlords--Prohibited conduct
Status: in_force

A cardholder may not be refused enrollment by a school or a lease by a landlord, or otherwise be penalized by a school or landlord solely for the person's status as a cardholder, unless failing to do so would violate federal law or regulations or cause the school or landlord to lose a monetary or licensing-related benefit under federal law or regulation. This section does not prevent a landlord from imposing reasonable restrictions on the medical use of cannabis by a cardholder who resides at the landlord's property.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 122, § 1.
S.D. Codified Laws § 34-23A-90 — SD Code / Title 34 / Chapter 23A / Section 34-23A-90
Down syndrome--Abortion prohibited--Penalty
Status: in_force

No person may perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child either has been diagnosed with Down syndrome or has had a screening indicating that the unborn child may have Down syndrome. Any person who violates this section is guilty of a Class 6 felony. No penalty may be assessed against the woman upon whom the abortion is performed or attempted to be performed.

Source: SL 2021, ch 151, § 2.
S.D. Codified Laws § 34A-1-4 — SD Code / Title 34A / Chapter 1 / Section 34A-1-4
Technical and operational services secured by secretary
Status: in_force

The secretary may secure necessary scientific, technical, administrative, and operational services, including laboratory facilities by contract or otherwise.

Source: SL 1970, ch 203, § 5 (5); SDCL Supp, § 34-16A-8; SL 1977, ch 280, § 2; SL 2011, ch 165, § 6.
S.D. Codified Laws § 34A-2-42 — SD Code / Title 34A / Chapter 2 / Section 34A-2-42
Changes to be reported under permit for publicly owned treatment works
Status: in_force

The secretary may impose as conditions in permits for the discharge of wastes from publicly owned treatment works requirements for information to be provided by the permittee concerning new introductions of wastes or substantial changes in the volume or character of wastes being introduced into such treatment works.

Source: SL 1973, ch 280, § 9 (3) (c); SDCL Supp, § 46-25-58; SL 1988, ch 285, § 12.
S.D. Codified Laws § 34-20B-55 — SD Code / Title 34 / Chapter 20B / Section 34-20B-55
Centralized statistical unit--Availability of information
Status: in_force

The Department of Health shall cooperate with the federal drug enforcement administration by establishing a centralized unit which shall accept, catalogue, file, and collect statistics, and make such information available for federal, state, and local law enforcement purposes.

Source: SL 1970, ch 229, § 5 (d); SDCL Supp, § 39-17-116; SL 1977, ch 190, § 412; SL 1989, ch 293, § 6.
S.D. Codified Laws § 34A-9-4 — SD Code / Title 34A / Chapter 9 / Section 34A-9-4
Environmental impact statement authorized--Fee--Purpose
Status: in_force

All agencies may prepare, or have prepared by contract, an environmental impact statement on any major action they propose or approve which may have a significant effect on the environment. Any agency which prepares, or has prepared by contract, an environmental impact statement pursuant to subdivision 34A-9-2(3) shall assess a fee against the person seeking a lease, permit, license, certificate, or other public entitlement for the preparation of the statement. This fee shall be assessed in addition to and independently of any other fee or deposit required by any other provision of law. No lease, permit, license, certificate, or other public entitlement may be issued until the fee is paid. The purpose of an environmental impact statement is to provide detailed information about the effect which a proposed action is likely to have on the environment, to list ways in which any adverse effects of the action might be minimized, and to suggest alternatives to the action.

Source: SL 1974, ch 245, § 2; SDCL Supp, § 11-1A-4; SL 1981, ch 269, § 2.
S.D. Codified Laws § 34A-1-19 — SD Code / Title 34A / Chapter 1 / Section 34A-1-19
Emission control methods and devices required--Permission to use alternative methods--Violation
Status: in_force

If the board finds that there are methods, machines, devices, or construction features which are reasonably feasible that will prevent or significantly reduce the emission of air resulting in pollution and that the public interest will be served by preventing or reducing the emission, it may require the use of such methods and the installation of such features, machines, or devices. However, the owner or operator of an air contaminant source may use any methods, construction features, machines, or devices which are as effective as those required by the board. The owner or operator of an air contaminant source may apply to the board for permission to use alternative methods, construction features, machines, or devices upon a showing by the owner or operator that the alternative methods, construction features, machines, or devices are as effective as those required by the board. Any person who violates this section is subject to § 34A-1-39 .

Source: SL 1970, ch 203, § 7; SDCL Supp, § 34-16A-26; SL 1973, ch 222, § 6; SL 1992, ch 158, § 11; SL 2011, ch 165, § 11.
S.D. Codified Laws § 34-29A-14.2 — SD Code / Title 34 / Chapter 29A / Section 34-29A-14.2
Inspectors of historic power boilers
Status: in_force

The Department of Public Safety may appoint inspectors to assist in the inspection of historic power boilers as provided by § 34-29A-14.1 . The department shall promulgate rules, pursuant to chapter 1-26 , to establish the qualifications and to provide for the examination of these appointed inspectors.

Source: SL 1989, ch 300, § 6; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-25-16 — SD Code / Title 34 / Chapter 25 / Section 34-25-16
Adoption information forwarded by clerk of courts
Status: in_force

Within ten days after the filing of every original, amended, or annulled decree of adoption, the clerk of courts shall forward to the department such information necessary to establish a new certificate of birth on a form prepared by the department.

Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SL 1972, ch 194, § 17.
S.D. Codified Laws § 34A-11-15 — SD Code / Title 34A / Chapter 11 / Section 34A-11-15
Revocation, modification, or suspension of permit--Grounds
Status: in_force

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

(1) Violation of any condition of the permit;

(2) Obtaining a permit by misrepresenting or failing to disclose fully all relevant facts; or

(3) A change in condition or discovery of new information which requires a temporary or permanent reduction, or termination of the permitted activity.

Source: SL 1983, ch 262, § 15; SL 2011, ch 165, § 148.
S.D. Codified Laws § 34-21-13 — SD Code / Title 34 / Chapter 21 / Section 34-21-13
Programs for regulation and inspection--Preoperational environmental radiological monitoring plans
Status: in_force

The agency shall develop programs, with due regard for compatibility with federal programs, for regulation and inspection of by - product, source, and special nuclear materials and other sources of radiation. The agency may require persons responsible for facilities which may release radiation to the environment to monitor those facilities for radiation releases to the environment. The agency may require that any government agency, person, private business, industry, or corporation involved in uranium exploration, mining, milling, or processing activities shall develop a preoperational environmental radiological monitoring plan which must be approved by the agency prior to the commencement of any such activity. The preoperational environmental monitoring plan must include background radiological monitoring. Any such plan developed to comply with federal law may be used to comply with this section.

Source: SDC Supp 1960, § 27.17A04 (17) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 7.
S.D. Codified Laws § 34-46-25 — SD Code / Title 34 / Chapter 46 / Section 34-46-25
Cigar bar license--Exception to smoking restrictions--Posted notice--Recordkeeping
Status: in_force

The provisions of §§ 34-46-13 to 34-46-15 , inclusive, do not apply to the premises of an establishment licensed pursuant to § 34-46-22 , except as provided in this section.

An establishment licensed pursuant to § 34-46-22 to operate a cigar bar may permit the smoking of cigars purchased on the premises. An establishment may not permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.

An establishment licensed to operate a cigar bar under § 34-46-22 shall maintain records of the percent of its annual gross income from the sale of cigars, over the previous three years. The records are subject to inspection by the governing body that issued the license.

For purposes of this section, "cigar" means an individual roll of tobacco that has a wrapper or cover consisting only of tobacco.

Source: SL 2026, ch 154, § 4.
S.D. Codified Laws § 34A-1-58.1 — SD Code / Title 34A / Chapter 1 / Section 34A-1-58.1
Ethanol production plants--Application and annual fees
Status: in_force

Ethanol production plants are exempt from the fees established in § 34A-1-58 and, in lieu thereof, are subject to the fees established by this section. Concurrent with the submittal of a permit application pursuant to this chapter, the applicant for an air quality permit for an ethanol production plant shall submit to the department an application fee of one thousand dollars. In addition, the owner or operator of an ethanol production plant shall submit to the department an annual fee for the duration of the air quality permit. The annual fee shall consist of an administrative fee of one thousand dollars and an emissions fee in the amount of forty dollars per ton of total suspended particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and hazardous air pollutants emitted to the air by the ethanol production plant during the previous calendar year. The department shall give written notice of the amount of the fee to be assessed and the basis for the assessment under this section to the owner or operator of the ethanol production plant by June first of each calendar year. The annual fee shall accrue on July first of the year after the permit is issued and annually thereafter. The annual fee is due and payable by July thirty-first and shall be remitted to the Department of Agriculture and Natural Resources along with the forms prescribed by the secretary in rules promulgated pursuant to chapter 1-26 . The fees shall be administered and used by the department in the same manner as prescribed for other fees established in this chapter.

Source: SL 2007, ch 202, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2019, ch 158, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-3-20 — SD Code / Title 34A / Chapter 3 / Section 34A-3-20
Agreements for reciprocal certification
Status: in_force

Agreements for reciprocity with other states having an act requiring the certification of operators similar to this chapter, may be executed by the secretary under appropriate rules and regulations promulgated by the secretary in compliance with chapter 1-26 .

Source: SL 1970, ch 217, § 12; SDCL Supp, § 36-22A-19; revised pursuant to SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-23A-44 — SD Code / Title 34 / Chapter 23A / Section 34-23A-44
Department to ensure anonymity--Confidentiality of communication
Status: in_force

No report made under §§ 34-23A-34 to 34-23A-45 , inclusive, may include the name of any female having an abortion. The Department of Health shall take care to ensure that none of the information included in any report required by §§ 34-23A-34 to 34-23A-45 , inclusive, including printed records, computerized records, or stored information of any type, can reasonably lead to the identification of any person obtaining an abortion. Except in the case of a mother who was younger than the age of sixteen at the time her child was conceived, any information collected by or under the direction of a physician or psychotherapist for the purpose of completing a report required by §§ 34-23A-34 to 34-23A-45 , inclusive, is privileged as a confidential communication under subdivision 19-19-503(b). In the case of a mother who was younger than the age of sixteen at the time the child was conceived, the privilege of confidentiality set forth in subdivision 19-19-503(b) may not be claimed in any judicial proceeding involving § 22-22-1 .

Source: SL 1998, ch 209, § 11; SL 2004, ch 234, § 5.
S.D. Codified Laws § 34-20B-46 — SD Code / Title 34 / Chapter 20B / Section 34-20B-46
Intentional distribution of Schedule I or II substance without order form as felony
Status: in_force

It is a Class 5 felony for any person who is a registrant knowingly to distribute a controlled drug or substance classified in Schedules I or II, in the course of his legitimate business, except pursuant to an order form as required by this chapter.

Source: SL 1970, ch 229, § 10 (e) (1); SDCL Supp, § 39-17-104; SL 1977, ch 189, § 120; SL 1977, ch 190, § 403.
S.D. Codified Laws § 34-45-1 — SD Code / Title 34 / Chapter 45 / Section 34-45-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Basic 911," any service which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point to report police, fire, medical, or other emergency situations by dialing 911;

(2) "Board," the South Dakota 911 Coordination Board created pursuant to § 34-45-18 ;

(3) "Enhanced 911," any system which provides the user of a calling device, which utilizes any communications technology, the ability to reach a public safety answering point by dialing the digits 911, and which routes that call to the appropriate public safety answer point and which automatically provides information about the service user to a 911 dispatcher including the user's name, location, call back number, and assigned emergency responders;

(4) "Governing body," the board of county commissioners of a county or the governing body of a municipality;

(5) "Interconnected Voice-over Internet Protocol (VoIP) service," any service with the following characteristics:

(a) Enables real-time two-way voice communication;

(b) Requires a broadband connection from the user's location;

(c) Requires internet protocol-compatible customer premise equipment; and

(d) Permits users generally to receive calls that originate and terminate on the public switched telephone network;

(6) "911 emergency reporting system" or "911 system," any telecommunications service system consisting of network, database, and on-premises equipment which utilizes the single three-digit number 911 for reporting police, fire, medical, or other emergency situation;

(7) "911 emergency surcharge," any charge set by this chapter and assessed on any service user of any telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service, which physically terminates or originates within the governing body's designated 911 service area. The 911 emergency surcharge shall be assessed and remitted for Interconnected Voice over Internet Protocol and wireless telecommunications service based upon the service user's place of primary use. Notwithstanding any other provision of this chapter and for purposes of the surcharge imposed by this chapter, the surcharge imposed upon wireless telecommunication services shall be administered in accordance with 4 U.S.C. §§ 116-126;

(8) "Nonrecurring costs," any capital or start-up expenditure such as telecommunications equipment, software, database, initial training, and the purchase or lease of subscriber names, addresses, and telephone information;

(9) "Place of primary use," the street address where the customer's use of the communications service primarily occurs or the customer's registered location on the date the customer is billed;

(10) "Prepaid wireless service consumer," any person who purchases prepaid wireless telecommunications service in a retail transaction;

(11) "Prepaid wireless service provider," any person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission;

(12) "Prepaid wireless service seller," any person who sells prepaid wireless telecommunications service to prepaid wireless service consumer;

(13) "Prepaid wireless telecommunications service," any telecommunications service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which are paid for in advance and sold in predetermined units or dollars which decline with use in a known amount;

(14) "Public agency," any county or municipality that has adopted an ordinance pursuant to § 34-45-2 ;

(15) "Public safety answering point," any twenty-four hour communications facility which receives all 911 service calls and reroutes the requestor or information to appropriate public or private safety agencies;

(16) "Recurring costs," any costs such as network access fee and other telephone charges, software, equipment, database management, maintenance, charges to maintain database of subscriber names, addresses, and telephone information from the local exchange access company. Recurring costs may include personnel expenses for a public safety answering point;

(17) "Registered location," the most recent information obtained by an Interconnected Voice over Internet Protocol service provider that identifies the physical location of an end user;

(18) "Service provider," any person or entity providing, offering to provide, or selling telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service;

(19) "Service supplier," any person or entity who provides or offers to provide 911 system equipment, installation, maintenance, or exchange access services within the 911 service access area;

(20) "Service user," any person who purchases telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service in this state without intent for resale;

(21) "Service user line," the means by which a service user may place a call to a public safety answering point through the use of a telecommunications service, wireless telecommunications service, or Interconnected Voice over Internet Protocol service. In the case of multi-station network systems, service user lines shall be equal to the number of calls that can simultaneously be made from such system to the public switched telephone network;

(22) "Telecommunications service," the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwave, electromagnetic means, or other similar means. The term does not include the provision of terminal equipment used to originate or terminate such service, broadcast transmissions by radio, television, and satellite stations regulated by the Federal Communications Commission and one-way cable television service;

(23) "Wireless telecommunications service," commercial mobile radio service, as such term is defined in 47 C.F.R. 203 as of January 1, 2008.

Source: SL 1989, ch 303, § 1; SL 1992, ch 60 § 2; SL 1993, ch 255, § 1; SL 1995, ch 200; SL 2002, ch 61, § 3; SL 2006, ch 188, §1; SL 2008, ch 176, § 1; SL 2012, ch 188, § 22.
S.D. Codified Laws § 34-20F-9 — SD Code / Title 34 / Chapter 20F / Section 34-20F-9
Ingredients label
Status: in_force

A retailer shall ensure that each package of loose leaf incense sold is labeled with each ingredient present in the product, including all chemicals and additives.

Source: SL 2012, ch 185, § 9, eff. Mar. 2, 2012.
S.D. Codified Laws § 34A-8-5 — SD Code / Title 34A / Chapter 8 / Section 34A-8-5
Lists of endangered or threatened species--Add or remove species
Status: in_force

The Game, Fish and Parks Commission may not add a species to nor remove a species from any list pursuant to § 34A-8-3 or 34A-8-4 , until it has:

(1) Promulgated a rule, pursuant to chapter 1-26 , for the addition or removal of the subject species; and

(2) Notified the Governor of any state sharing a common border with this state and in which the subject species is known to exist that such action is being proposed.

Source: SL 1977, ch 335, § 3; SL 2021, ch 164, § 1.
S.D. Codified Laws § 34-20F-7 — SD Code / Title 34 / Chapter 20F / Section 34-20F-7
Advertising that loose leaf incense can be ingested prohibited--Violation as misdemeanor
Status: in_force

No manufacturer, distributor, or retailer may advertise to the public, directly or indirectly, that loose leaf incense can be ingested. A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 185, § 6, eff. Mar. 2, 2012.
S.D. Codified Laws § 34-12E-9 — SD Code / Title 34 / Chapter 12E / Section 34-12E-9
Failure to comply--Disciplinary action
Status: in_force

Failure to comply with the provisions of this chapter shall be grounds for disciplinary action on behalf of the appropriate licensing agency.

Source: SL 1994, ch 276, § 9.
S.D. Codified Laws § 34A-5-49 — SD Code / Title 34A / Chapter 5 / Section 34A-5-49
Property not acquired nor debts assumed by incorporation of consolidated district
Status: in_force

The consolidated sanitary district may not, however, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any municipality or sanitary district included within its boundaries.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL § 34-17-42; SL 1992, ch 60, § 2; SL 2011, ch 165, § 107.
S.D. Codified Laws § 34-23A-55 — SD Code / Title 34 / Chapter 23A / Section 34-23A-55
Duties of physician in addition to common law
Status: in_force

The physician's common law duty to determine that the physician's patient's consent is voluntary and uncoerced and informed applies to all abortion procedures. The requirements expressly set forth in §§ 34-23A-53 to 34-23A-62 , inclusive, that require procedures designed to insure that a consent to an abortion is voluntary and uncoerced and informed, are an express clarification of, and are in addition to, those common law duties.

Source: SL 2011, ch 161, § 2.
S.D. Codified Laws § 34-26-5 — SD Code / Title 34 / Chapter 26 / Section 34-26-5
Dissection for purposes of inquest authorized by coroner, sheriff, or state's attorney
Status: in_force

The right to dissect the dead body of a human being exists if the death occurs under circumstances in which a coroner is authorized by law to hold an inquest upon the body or under the provisions of § 23-14-9.1 , and a coroner, sheriff, or the state's attorney designated by law to order an autopsy authorizes such dissection for the purposes of the inquest.

Source: PenC 1877, § 351, subdiv 2; CL 1887, § 6552, subdiv 2; RPenC 1903, § 356, subdiv 2; RC 1919, § 3870 (2); SDC 1939, § 27.1304 (2); SL 1961, ch 131; SL 1967, ch 103, § 1; SL 1985, ch 191, § 6; SL 2009, ch 123, § 3.
S.D. Codified Laws § 34-20B-83 — SD Code / Title 34 / Chapter 20B / Section 34-20B-83
Seizure and summary forfeiture of plant precursors of Schedule I and II substances--Failure to produce registration as authority
Status: in_force

All species of plants from which controlled substances in Schedules I and II may be derived which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the state. The failure, upon demand by the chief agent or any peace officer at his direction, of the person in occupancy or in control of land or premises upon which such species of plants are growing or being stored, to produce an appropriate registration, or proof that he is the holder thereof, shall constitute authority for the seizure and forfeiture.

Source: SL 1970, ch 229, § 11 (e) (6); SDCL Supp, § 39-17-139.
S.D. Codified Laws § 34-18-21 — SD Code / Title 34 / Chapter 18 / Section 34-18-21
Registration of guests at lodging establishment or campground--Contents and inspection of records
Status: in_force

Each person conducting a lodging establishment or campground shall keep a record of guests. Such a record may be kept in a register or on separate cards and shall be opened for inspection and copying by the secretary of health for the purpose of protecting the health or life of persons or for an emergency which may affect the public health. The inspection and copying shall take place during business hours and shall be conducted by an authorized department inspector after presentation of identification. The registry shall contain the name of the guest, the number in the party, the place of permanent residence of the guest, the date of registration, the date of departure, the daily rate charged, and the motor vehicle license number of the registrant. The record shall also include each rate, price, or fee charged to the guest for the guest's stay at the lodging establishment or campground, as required by subdivision 37-24-6(8). These records shall be kept for a minimum of one year.

Source: SDC 1939, § 27.1709; SL 1963, ch 158, § 15; SL 1970, ch 199, § 10; SL 1994, ch 277, § 1; SL 1998, ch 243, § 2.
S.D. Codified Laws § 34A-6-24 — SD Code / Title 34A / Chapter 6 / Section 34A-6-24
Municipal grant of franchises--Maximum period
Status: in_force

Any municipality may grant and regulate franchises for the purpose of collection and disposal of solid waste, as defined in subdivision 34A-6-1.3 (17), if the solid waste originates in the municipality or in a zone adjacent to the municipality that is not a part of another municipality, and does not exceed two miles around the boundaries of the municipality. The franchise may not be granted for a longer period than ten years.

Source: SL 1974, ch 244, § 1; SDCL Supp, § 34-16B-21.1; SL 1977, ch 280, § 25; SL 1987, ch 29, § 20; SL 1991, ch 24, § 10; SL 2011, ch 165, § 118.
S.D. Codified Laws § 34-37-11 — SD Code / Title 34 / Chapter 37 / Section 34-37-11
Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor
Status: in_force

No person may sell or cause to be sold, use, or cause to be used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District.

No person may use or cause to be used, any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state.

No person may sell or cause to be sold, use or cause to be used, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks without written authorization by the department permitting the use of pyrotechnics or consumer fireworks, pyrotechnic displays, sales, or exhibits on land owned or leased by the department, unless the department is otherwise prohibited by law from providing the written authorization.

A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.

Source: SL 1957, ch 91, § 1; SDC Supp 1960, § 20.0506; SL 1963, ch 130, § 1; SL 1964, ch 31, § 10; SL 1977, ch 190, § 106; SL 1981, ch 266; SL 1989, ch 301; SL 1990, ch 279, § 1; SL 2004, ch 238, § 1; SL 2007, ch 198, § 3; SL 2019, ch 154, § 14, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-3-14 — SD Code / Title 34 / Chapter 3 / Section 34-3-14
Terms of office of district board members
Status: in_force

Originally one member of the district board of health shall be appointed for one year, one member for two years, one member for three years, one member for four years, and one member for five years. Upon the termination of the term of appointment, members shall thereafter be appointed for a term of five years. Vacancies which occur on the district board of health shall be filled for the unexpired portion of the term of the vacated member by appointment as provided in § 34-3-13 .

Source: SL 1953, ch 129, § 6; SDC Supp 1960, § 27.18A06.
S.D. Codified Laws § 34A-3-26 — SD Code / Title 34A / Chapter 3 / Section 34A-3-26
Civil fine for supervision of water treatment plant by uncertified operator
Status: in_force

Any system or operator who violates the provisions of § 34A-3-4 is subject to a civil penalty not to exceed one thousand dollars per day of violation.

Source: SL 1992, ch 254, § 91; SL 1993, ch 34, § 5.
S.D. Codified Laws § 34-23-18 — SD Code / Title 34 / Chapter 23 / Section 34-23-18
Immunity of agencies treating minors--Liability for negligence
Status: in_force

In any such case arising under the provisions of §§ 34-23-16 and 34-23-17 the hospital, public clinic, or licensed physician who provides the care or services or who performs medical or surgical care or services shall incur no civil or criminal liability by reason of having made such diagnostic examination or rendered such treatment, but such immunity shall not apply to any negligent acts or omissions.

Source: SL 1971, ch 210, § 4.
S.D. Codified Laws § 34-31A-47 — SD Code / Title 34 / Chapter 31A / Section 34-31A-47
General election combined with regular municipal election
Status: in_force

The board of directors of a rural fire protection district may choose to hold a rural fire protection district general election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined election shall be held on the regular date for the general municipal election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the rural fire protection district and the municipality. All other governmental responsibilities associated with holding elections shall be shared as agreed upon by the governing bodies.

Source: SL 2014, ch 171, § 2.
S.D. Codified Laws § 34-50-1 — SD Code / Title 34 / Chapter 50 / Section 34-50-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Critical incident stress," the acute or cumulative psychological stress or trauma that an emergency service provider may experience by providing services during a critical incident, crisis, disaster, or emergency. Critical incident stress is a strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning, such as:

(a) Physical, mental, or emotional illness;

(b) Failure of usual coping mechanisms;

(c) Loss of interest in the job or in usual social relationships;

(d) Personality changes; or

(e) Loss of ability to function;

(2) "Critical incident stress management," any consultation, incident briefing and debriefing, on-site crisis intervention, counseling, risk assessment, case management services, harm prevention, and referral, provided to an emergency service provider affected by critical incident stress by:

(a) Any person designated by this state or a political subdivision of this state; or

(b) A health care facility licensed in accordance with chapter 34-12 ;

(3) "Critical incident stress management team," any person who is:

(a) Designated by this state, a political subdivision of this state, or a health care facility licensed in accordance with chapter 34-12 , to provide professional critical incident stress management to an emergency service provider affected by critical incident stress; and

(b) Certified by the International Critical Incident Stress Foundation as a critical incident stress management provider;

(4) "Peer support team member," any person , who is:

(a) A peer of the emergency service provider, designated by this state, a political subdivision of this state, or a health care facility licensed in accordance with chapter 34-12 , to provide critical incident stress management services to the provider; and

(b) Certified by the International Critical Incident Stress Foundation as a critical incident stress management provider; and

(5) "Emergency service provider," any person who provides response services during a critical incident, by or on behalf of this state, a political subdivision of this state, or a health care facility that is licensed in accordance with chapter 34-12 and provides emergency medical services.

Source: SL 2015, ch 187, § 1; SL 2023, ch 130, § 1.
S.D. Codified Laws § 34-12H-10 — SD Code / Title 34 / Chapter 12H / Section 34-12H-10
Refusal of health care provider to comply with MOST
Status: in_force

A health care provider who refuses to comply with the provisions of a duly executed MOST shall:

(1) Not prevent the transfer of the patient to another health care provider who is willing to comply with the MOST; and

(2) Continue providing care for the patient until the transfer is completed.

Source: SL 2019, ch 146, § 10.
S.D. Codified Laws § 34-35-10 — SD Code / Title 34 / Chapter 35 / Section 34-35-10
Burning off land or other flammable material without firebreak or considering weather a misdemeanor
Status: in_force

It is a Class 1 misdemeanor to set or cause to be set on fire any woods, marsh, prairie, grass, or stubble land or any other inflammable material at any time of the year without first having in place a natural or manmade firebreak and without giving due caution to the prevailing and forecasted weather conditions.

Source: PenC 1877, ch 40, §§ 1, 2; CL 1887, §§ 2392, 2393; RPolC 1903, §§ 3152, 3153; RC 1919, §§ 10355, 10356; SDC 1939, §§ 20.0201, 20.0202, 20.9901; SL 1955, ch 66, §§ 1, 2; SDCL § 34-35-11 ; SL 1977, ch 190, § 93; SL 1980, ch 247, § 1; SL 1986, ch 288, § 1.
S.D. Codified Laws § 34-12-37 — SD Code / Title 34 / Chapter 12 / Section 34-12-37
Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities
Status: in_force

A nursing facility which limits its admissions to only those persons who have resided in an adjacent self - care living unit operated by the nursing facility for at least one year, which also maintains an endowment to provide nursing bed care for such persons who are unable to pay the cost of nursing care, and which does not participate in medicaid may change not more than ten assisted living center beds to nursing beds after June 30, 1992.

Source: SL 1991, ch 272, § 7A.
S.D. Codified Laws § 34-12B-1 — SD Code / Title 34 / Chapter 12B / Section 34-12B-1
Right to choose pharmacy for filling prescriptions
Status: in_force

Any person shall have the right and privilege of having his prescription filled at the pharmacy or by the pharmacist of his choice.

Source: SL 1975, ch 225, § 1.
S.D. Codified Laws § 34-31A-13 — SD Code / Title 34 / Chapter 31A / Section 34-31A-13
Election of first board of directors
Status: in_force

Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. If the district includes any incorporated municipalities which are located within the boundaries of the district, no more than two members of a five - member board of directors may be voters who are residents of the incorporated municipal areas of the district if at least forty percent of the registered voters of the district live outside the incorporated areas of the district, and no more than three members of the board of directors may be voters who are residents of the incorporated municipal areas of the district if at least twenty percent of the registered voters of the district live outside the incorporated areas of the district. If the board of directors consists of more than five members, the additional members, as nearly as can be accomplished, shall be in the proportions set forth in this section.

Source: SL 1971, ch 208, § 4; SL 1976, ch 224, § 1; SL 1981, ch 264, § 1; SL 1986, ch 286; SL 1998, ch 36, § 37.
S.D. Codified Laws § 34-5-17 — SD Code / Title 34 / Chapter 5 / Section 34-5-17
Severability of provisions
Status: in_force

If a part of §§ 34-5-9 to 34-5-18 , inclusive, is invalid, all valid parts that are severable from this invalid part remain in effect. If a part of said sections is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

Source: SL 1974, ch 241, § 8.
S.D. Codified Laws § 34-8-4 — SD Code / Title 34 / Chapter 8 / Section 34-8-4
Election on county hospital or bond issue--Percentage of vote required for approval
Status: in_force

The board of county commissioners may by resolution or ordinance submit the question of establishing and maintaining a county hospital to the voters of the county at any regular election or at a special election called for that purpose.

The election shall be held in the manner and upon the notice prescribed by law for county bond elections. If sixty percent of the ballots cast are in favor of the establishment and maintenance of a county hospital, the board of county commissioners may establish and maintain a county hospital according to the provisions of chapter 34-8 . The election on the question of establishing and maintaining a county hospital may be held at the same time as the election on the bond issue. If the bond issue receives sixty percent of the votes cast, and the establishing and maintaining of a county hospital fails to receive sixty percent of the votes cast, the bond issue is deemed to have failed.

Source: SL 1897, ch 49, § 3; RPolC 1903, § 972; RC 1919, § 6984; RC 1919, § 7694 (2) as enacted by SL 1919, ch 282; SL 1929, ch 210, § 2; SDC 1939, § 27.1902; SL 1945, ch 110, § 1; SL 1955, ch 95, § 2; SL 1957, ch 119, § 1; SL 1982, ch 258, § 4; SL 1984, ch 43, § 112.
S.D. Codified Laws § 34-20-27 — SD Code / Title 34 / Chapter 20 / Section 34-20-27
County application for federal assistance in rodent control
Status: in_force

Application for the services of the Fish and Wildlife Service in the eradication of rodents enumerated in § 34-20-26 shall be made by the board of county commissioners of the respective counties, which board shall advise in the naming of the persons selected to lay out such poison.

Source: SL 1937, ch 191; SDC 1939, § 13.1502.
S.D. Codified Laws § 34-29A-8 — SD Code / Title 34 / Chapter 29A / Section 34-29A-8
Special inspectors not paid by state--Commission conditioned on continuing employment
Status: in_force

Special inspectors issued commissions pursuant to § 34-29A-6 shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of a special inspector's commission shall be conditioned upon his continuing in the employ of the boiler insurance company duly authorized as aforesaid and upon his maintenance of the standards imposed by this chapter.

Source: SL 1973, ch 229, § 10.
S.D. Codified Laws § 34-23A-93 — SD Code / Title 34 / Chapter 23A / Section 34-23A-93
Nonrepealer clause
Status: in_force

Nothing in §§ 34-23A-89 to 34-23A-93 , inclusive, repeals, by implication or otherwise, any provision not explicitly repealed.

Source: SL 2021, ch 151, § 5.
S.D. Codified Laws § 34-12D-19 — SD Code / Title 34 / Chapter 12D / Section 34-12D-19
Health care provider not required to deviate from accepted medical standards
Status: in_force

This chapter does not require a physician or other health care provider to take action contrary to accepted medical standards.

Source: SL 1991, ch 273, § 18; SL 2007, ch 193, § 10.
S.D. Codified Laws § 34A-2-44 — SD Code / Title 34A / Chapter 2 / Section 34A-2-44
Records, monitoring and reporting required on pollution sources
Status: in_force

The secretary may require the owner or operator of any point source, including an industrial user of a publicly owned treatment works, to:

(1) Establish and maintain records;

(2) Prepare and submit reports;

(3) Install, use, and maintain monitoring equipment or methods, including, where appropriate, biological monitoring methods;

(4) Sample effluents; and

(5) Provide such other information as the secretary may reasonably require.

Source: SL 1973, ch 280, § 6 (7); SDCL Supp, § 46-25-60; SL 1988, ch 285, § 13.
S.D. Codified Laws § 34-3-25 — SD Code / Title 34 / Chapter 3 / Section 34-3-25
District funds held by treasurer of largest county--Disbursements
Status: in_force

In the case of a full - time district health department, all funds made available for the operation of such department from all sources shall be deposited with the county treasurer of the participating county having the largest population as determined by the most recent federal census. Said county treasurer shall set up a separate district health department fund from which disbursements shall be made upon vouchers certified by the district health officer in the manner specified by law for the disbursement of county funds.

Source: SL 1953, ch 129, § 13; SDC Supp 1960, § 27.18A13.
S.D. Codified Laws § 34-3-10 — SD Code / Title 34 / Chapter 3 / Section 34-3-10
Full-time district health department defined
Status: in_force

A full - time district health department shall be construed to be a department organized to serve contiguous territory in two or more adjacent counties, and which shall be under the immediate direction of a health officer and employing trained public health personnel who shall devote their entire working time to the prevention of disease and the promotion of public health, provided that physicians may be employed on a part - time basis to act as assistant health officers.

Source: SL 1953, ch 129, § 5; SDC Supp 1960, § 27.18A05.
S.D. Codified Laws § 34-10-5 — SD Code / Title 34 / Chapter 10 / Section 34-10-5
Notice of election on establishment of district--General election laws applicable
Status: in_force

The board, or, if in more than one county, the boards acting jointly, shall cause notice of said election to be given, setting forth the time and places of holding the same and the hours when the polls will open and close. Such notice shall be published for two consecutive weeks in a legal newspaper of general circulation within the district. The last date of such publication shall not be less than ten days before the date of said election. The hours of opening and closing of the polls shall be in accordance with the laws relating to general elections and except as otherwise specified herein the general election laws shall govern the conduct of such elections, canvassing of the vote, and declaration of the results.

Source: SL 1959, ch 135, § 5; SDC Supp 1960, § 27.19B05.
S.D. Codified Laws § 34-44-18 — SD Code / Title 34 / Chapter 44 / Section 34-44-18
Approval of alternative procedure on case-by-case basis
Status: in_force

The department may approve in writing, on a case - by - case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the asbestos contractor or facility owner or operator submits a written description of the alternative procedure and demonstrates to the department's satisfaction that the proposed alternative procedure provides worker and public health protection equivalent to the protection that would be provided by the waived provisions.

Source: SL 1988, ch 284, § 16.
S.D. Codified Laws § 34-23B-3 — SD Code / Title 34 / Chapter 23B / Section 34-23B-3
Age-appropriate education materials available to school districts
Status: in_force

Upon receipt of funds for such programs, the secretary of education shall adopt and make available to all school districts age - appropriate drug and alcohol education curricula concerning the physiological effects caused by the use of drugs and alcohol on the developing child before and after birth for inclusion in their drug and alcohol education programs in grades one through twelve.

Source: SL 1993, ch 252, § 3; SL 2003, ch 272, § 63.
S.D. Codified Laws § 34A-6-1.40 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.40
Removal of improperly disposed solid waste--Alternative means of disposal
Status: in_force

Any person convicted of a violation of § 34A-6-1.4 shall, in addition to any other penalty, remove the solid waste from where it was improperly disposed and shall dispose of such solid waste in a manner consistent with this chapter. However, the court may provide for an alternative means of disposal if such disposal is consistent with the provisions of this chapter.

Source: SL 1992, ch 257.
S.D. Codified Laws § 34-1-18 — SD Code / Title 34 / Chapter 1 / Section 34-1-18
Acceptance and administration of federal health funds--Legislative power reserved
Status: reserved

The State Department of Health is hereby authorized to accept and expend any federal funds which become available for medical care and dental health programs to such department in addition to such sums estimated and authorized for expenditure by general appropriation acts, provided that in no instance shall the acceptance and expenditure of such moneys commit the State of South Dakota to continue new programs initiated with such funds or to continue the increased program activities supported with such funds unless consented to by the Legislature.

Source: SL 1966, ch 80, § 1.
S.D. Codified Laws § 34-18-26 — SD Code / Title 34 / Chapter 18 / Section 34-18-26
Notice and correction of deficiencies--Closure order on failure to correct deficiency--Injunctive relief
Status: in_force

If, upon an inspection, it is determined that a lodging establishment, campground, food service establishment, or mobile food service establishment is not being conducted or is not equipped and maintained in a manner and condition required by the provisions of this chapter and the rules promulgated thereunder the secretary or an authorized department inspector shall notify the owner or operator of the lodging establishment, campground, food service establishment, or mobile food service establishment of such changes or alterations as are considered necessary for complete compliance. The owner shall make such changes and alterations necessary to put the lodging establishment, campground, food service establishment, or mobile food service establishment in a condition that complies with the provisions of this chapter and rules promulgated thereunder. If, after proper notice, the owner refuses or fails to comply within sixty days following notification, the secretary shall, subject to the requirements of chapter 1-26 , issue a closure order to the owner of the establishment or campground until such requirements are complied with. If the establishment or campground continues operation after a closure order is issued, the secretary may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief.

Source: SL 1907, ch 165, § 10; SL 1909, ch 185, § 10; SL 1913, ch 238, § 7; SL 1915, ch 215, § 7; RC 1919, § 7827; SL 1921, ch 256, § 5; SL 1935, ch 173, § 4; SDC 1939, § 27.1708; SL 1955, ch 94, § 4; SL 1963, ch 158, § 5; SL 1970, ch 199, § 14; SL 1972, ch 15, § 4; SL 1986, ch 281, § 4; SL 1988, ch 279, § 5.
S.D. Codified Laws § 34A-6-85 — SD Code / Title 34A / Chapter 6 / Section 34A-6-85
Deposit of fees in environment and natural resources fee fund and water and environment fund--Expenditures, grants, and loans from water and environment fund--Preferences
Status: in_force

Twenty-five percent of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall be deposited in the environment and natural resources fee fund established in § 1-41-23 and shall be used to defray costs of administering the solid waste management program requirements of chapter 34A-6 . All fees received pursuant to §§ 34A-6 -83 and 34A-6 -84 and seventy-five percent of the fees received pursuant to §§ 34A-6-81 and 34A-6-82 shall be deposited in the water and environment fund established in § 46A-1-60 , and their expenditures shall be limited to the solid waste source reduction, recycling, and waste management program established in § 46A-1-83 . Grants or loans from the water and environment fund shall be administered by the Board of Water and Natural Resources in accordance with the rules established for solid waste management grants or loans in § 46A-1-84 . The board shall offer a grant or loan preference to recycling projects.

Source: SL 1992, ch 254, § 50L; SL 1996, ch 219, § 1; SL 2009, ch 13, § 2; SL 2016, ch 218, § 5, eff. Feb. 18, 2016; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20E-3 — SD Code / Title 34 / Chapter 20E / Section 34-20E-3
Submission of information to central repository
Status: in_force

Each dispenser shall submit the information required by this chapter to the central repository at least every twenty-four hours unless the board waives this requirement for good cause shown by the dispenser.

Source: SL 2010, ch 175, § 3; SL 2017, ch 157, § 3.
S.D. Codified Laws § 34A-1-39 — SD Code / Title 34A / Chapter 1 / Section 34A-1-39
Civil action for violation--Penalty
Status: in_force

Any person subject to this section, as provided in this chapter, is liable for a civil penalty not to exceed ten thousand dollars per day of violation or for damages to the environment of the state, or both. An action for the recovery of a civil penalty shall, upon demand, be tried to a jury.

Source: SL 1970, ch 203, § 15; SDCL Supp, § 34-16A-44; SL 1973, ch 222, § 7; SL 1977, ch 190, § 31; SL 1977, ch 280, § 13; SL 1988, ch 291, § 17; SL 1990, ch 283, § 2; SL 1992, ch 158, § 15; SL 2011, ch 165, § 21.
S.D. Codified Laws § 34-12-2 — SD Code / Title 34 / Chapter 12 / Section 34-12-2
License required to operate institution
Status: in_force

No person, partnership, limited liability company, association, or corporation may establish, conduct, or maintain in the State of South Dakota, any health care facility or related institution for the hospitalization or care, or both, of human beings without first obtaining a license from the South Dakota Department of Health in the manner provided in this chapter. The term, corporation, as used in this chapter means public and municipal corporations as well as private corporations.

Source: SL 1925, ch 220, § 2; SDC 1939, § 27.1202; SL 1945, ch 108, § 1; SL 1953, ch 123, § 1; SL 1955, ch 93; SDC Supp 1960, § 27.1201; SL 1986, ch 278, § 3; SL 1994, ch 351, § 56.
S.D. Codified Laws § 34-22-44 — SD Code / Title 34 / Chapter 22 / Section 34-22-44
Termination of declared emergency--Renewal
Status: in_force

Any public health emergency declared pursuant to § 34-22-42 shall be terminated automatically after thirty days unless renewed by the secretary under the same standards and procedures set forth in § 34-22-42 .

Source: SL 2002, ch 168, § 4.
S.D. Codified Laws § 34A-6-112 — SD Code / Title 34A / Chapter 6 / Section 34A-6-112
Hold on nonferrous metal item suspected to be lost or stolen
Status: in_force

If the scrap metal business is notified by a law enforcement officer that an item of nonferrous metal property has been reported as stolen, a scrap metal business shall hold that property intact and safe from alteration, damage, or commingling, and shall place an identifying tag or other suitable identification on the property. The scrap metal business shall hold the property for a period of time as directed by the law enforcement agency up to a maximum of ten business days.

A law enforcement officer may not place on hold any item of nonferrous metal property unless that law enforcement agency reasonably suspects that the property is a lost or stolen item. Any hold that is placed on the nonferrous metal property shall be removed within ten business days. If the property on hold is determined not to be lost or stolen, the nonferrous metal property shall be returned to the owner or released.

Source: SL 2008, ch 179, § 5.
S.D. Codified Laws § 34A-2B-2 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-2
Environmental livestock cleanup fund--Sources of funding
Status: in_force

There is hereby established in the state treasury an operating fund to be known as the environmental livestock cleanup fund for the purpose of providing funds for the cleanup of discharges as defined in § 34A-2B-1 . Money from the following sources shall be deposited into the environmental livestock cleanup fund:

(1) Money, other than criminal fines assessed in criminal actions, recovered by the state from any livestock operation in any action or administrative proceeding based upon violation of the state's environmental statutes in Title 34A or upon damage to the environment, including actions for administrative expense recoveries, civil penalties, compensatory damages, and money paid pursuant to any agreement, stipulation, or settlement in such actions or proceedings;

(2) Interest attributable to investment of the money in the fund; and

(3) Money received by the department in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the environmental livestock cleanup fund.

All money in the environmental livestock cleanup fund is continuously appropriated for the purposes specified in § 34A-2B-3 . All money received by the department for the environmental livestock cleanup fund shall be set forth in an informational budget pursuant to § 4-7-7.2 and be annually reviewed by the Legislature.

Source: SL 1998, ch 216, § 3.
S.D. Codified Laws § 34-48-7 — SD Code / Title 34 / Chapter 48 / Section 34-48-7
Reimbursement of expenses
Status: in_force

Any deploying public agency or covered entity involved in the incident may request reimbursement for its actual expenses. If reimbursement is requested, the deploying public agencies or covered entities involved shall agree upon the actual, reasonable expenses involved. A deploying public agency that provides law enforcement assistance shall be reimbursed as provided in § 34-48-12 .

Source: SL 2006, ch 189, § 7; SL 2013, ch 164, § 3.
S.D. Codified Laws § 34-48A-31 — SD Code / Title 34 / Chapter 48A / Section 34-48A-31
County duty to assist local government subdivisions to meet local effort eligibility requirement
Status: in_force

In order to meet the total local effort eligibility requirement for state financial assistance, counties shall assist all other local government subdivisions within their political jurisdiction with all available emergency and disaster funds.

Source: SL 1969, ch 247, § 2; SL 1977, ch 271, § 27; SDCL § 33-15-24.3 .
S.D. Codified Laws § 34-18-13 — SD Code / Title 34 / Chapter 18 / Section 34-18-13
Prorated license fee for less than full year
Status: in_force

A prorated license fee shall be charged for each new lodging establishment, campground, and food service establishment beginning operations after the first day of the license renewal period and for changes in ownership and location of any existing establishment and campground after the first day of the license renewal period. To implement this section, the department may promulgate rules pursuant to chapter 1-26 .

Source: SL 1963, ch 158, § 8; SL 1970, ch 199, § 7; SL 1988, ch 279, § 2; SL 2009, ch 165, § 7.
S.D. Codified Laws § 34A-13-20 — SD Code / Title 34A / Chapter 13 / Section 34A-13-20
Petroleum release compensation and tank inspection fee--Amount of fee--Allocation of revenue
Status: in_force

A petroleum release compensation and tank inspection fee is imposed upon any petroleum products upon which the fuel excise tax is imposed by §§ 10-47B-5 to 10-47B-10 , inclusive, 10-47B-9.1 , and 10-47B-13 . None of the exemptions from fuel excise tax allowed in § 10-47B-19 apply to this fee. The parties required to pay the fuel excise tax pursuant to the provisions of §§ 10-47B-21 to 10-47B-26 , inclusive, and 10-47B-29 and 10-47B-31 are liable for payment of the petroleum release and tank inspection fee. In cases where the fuel is exempt from the fuel excise tax under the provisions of subdivisions 10-47B-19(1), (3), and (5), the supplier shall pay the fee. Responsibility for payment of the fee ceases if the petroleum product is sold and delivered by a licensed exporter outside of the state. The amount of the fee imposed is twenty dollars per one thousand gallons of petroleum. The revenue collected pursuant to this section shall be distributed monthly in the following manner:

(1) In fiscal year 2019, fifty-five percent shall be deposited in the state capital construction fund, twenty-five percent shall be deposited in the ethanol fuel fund, and twenty percent shall be deposited in the petroleum release compensation fund;

(2) In fiscal year 2020, sixty percent shall be deposited in the state capital construction fund, twenty percent shall be deposited in the ethanol fuel fund, nineteen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund as created in § 10-47B-164.1 ;

(3) In fiscal year 2021, sixty-six percent shall be deposited in the state capital construction fund, fifteen percent shall be deposited in the ethanol fuel fund, eighteen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund;

(4) In fiscal year 2022, seventy-two percent shall be deposited in the state capital construction fund, ten percent shall be deposited in the ethanol fuel fund, seventeen percent shall be deposited in the petroleum release compensation fund, and one percent shall be deposited in the ethanol infrastructure incentive fund; and

(5) Beginning in fiscal year 2023, eighty-one and one-half percent shall be deposited in the state capital construction fund, seventeen percent shall be deposited in the petroleum release compensation fund, and one and one-half percent shall be deposited in the ethanol infrastructure incentive fund.

Source: SL 1988, ch 290, § 20; SL 1989, ch 310, § 6; SL 1991, ch 294, § 10; SL 1992, ch 260, § 17; SL 1993, ch 48, § 18; SL 1995, ch 71, § 191; SL 1998, ch 218, § 1; SL 2002, ch 170, § 1; SL 2009, ch 55, § 33; SL 2018, ch 124, § 1.
S.D. Codified Laws § 34-21-36 — SD Code / Title 34 / Chapter 21 / Section 34-21-36
Order finding violation--Forwarding to violator
Status: in_force

If a hearing is not requested within fifteen days after the receipt of the notice given pursuant to § 34-21-35 , the agency shall issue its order finding that the violation of the chapter or the rules and regulations of the agency has or has not occurred, and shall forthwith forward a copy of such order by registered or certified mail to said person. Such order shall be final and may not be appealed from.

Source: SL 1967, ch 107, § 5 (b); SL 1972, ch 15, § 3.
S.D. Codified Laws § 34-26-55 — SD Code / Title 34 / Chapter 26 / Section 34-26-55
Preclusive effect of anatomical gift, amendment, or revocation
Status: in_force

(a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under § 34-26-52 or an amendment to an anatomical gift of the donor's body or part under § 34-26-53 .

(b) A donor's revocation of an anatomical gift of the donor's body or part under § 34-26-53 is not a refusal and does not bar another person specified in § 34-26-51 or 34-26-56 from making an anatomical gift of the donor's body or part under § 34-26-52 or 34-26-57 .

(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under § 34-26-52 or an amendment to an anatomical gift of the donor's body or part under § 34-26-53 , another person may not make, amend, or revoke the gift of the donor's body or part under § 34-26-57 .

(d) A revocation of an anatomical gift of a donor's body or part under § 34-26-53 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under § 34-26-52 or 34-26-57 .

(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 34-26-51 , an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under § 34-26-51 , an anatomical gift of a part for one or more of the purposes set forth in § 34-26-51 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under § 34-26-52 or 34-26-57 .

(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

Source: SL 2007, ch 197, § 8.
S.D. Codified Laws § 34-46-1 — SD Code / Title 34 / Chapter 46 / Section 34-46-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Electronic smoking device," any e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen containing or delivering nicotine or any other substance intended for human consumption that may be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product;

(2) "Proof of age," a driver's license, nondriver identification card, tribal identification card, or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;

(3) "Sample," tobacco products distributed to members of the general public at no cost for purposes of promoting the product;

(4) "Sampling," the distribution of samples to members of the general public in a public place;

(5) "Self-service display," a display that contains cigarettes or smokeless tobacco, or both, and is located in an area openly accessible to the merchant's consumers, and from which such consumers can readily access cigarettes or smokeless tobacco, or both, without the assistance of the merchant or an employee or agent of the merchant. A display case that holds tobacco products behind locked doors does not constitute a self-service display;

(6) "Smoke" or "Smoking," the act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form;

(7) "Tobacco product," any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco, and vapor products as defined in § 34-46-20 ;

(8) "Tobacco speciality store," a business that derives at least seventy-five percent of its revenue from the sale of tobacco products.

Source: SL 1994, ch 280, § 1; SL 2009, ch 170, § 1; SL 2011, ch 13, § 4; SL 2019, ch 155, § 1.
S.D. Codified Laws § 34-9-5 — SD Code / Title 34 / Chapter 9 / Section 34-9-5
County commissioners' resolution to aid city hospital--Method of financing
Status: in_force

If a first or second class municipality within a county which has no established county hospital makes provisions to construct, equip, and operate a public hospital having a capacity of not less than twenty patients and the board of county commissioners determines that the operation of a hospital will be beneficial to the public and that a necessity exists for it and, in order to provide to the public a hospital facility, it will be necessary for the county to provide financial aid to the municipality for the cost to construct a hospital building, it may, by appropriate resolution, declare a public necessity to exist and that it is desirable that the county render financial aid to the municipality in an amount not to exceed one - half of the cost to construct a hospital building and that the funds may be made available:

(1) Out of unappropriated funds belonging to the county; or

(2) By issuance and sale of its general obligation bonds pursuant to chapter 7-24 .

Source: SL 1947, ch 222, § 1; SDC Supp 1960, § 27.19A02; SL 1984, ch 43, § 114; SL 1985, ch 77, § 22; SL 1992, ch 60, § 2.
S.D. Codified Laws § 34A-2-32 — SD Code / Title 34A / Chapter 2 / Section 34A-2-32
Examination and approval or disapproval of plans for discharge of waste--Changes in plans
Status: in_force

The secretary shall examine and approve or disapprove plans and other information needed to determine whether a permit should be issued or suggest changes in plans as a condition to the issuance of a permit.

Source: SL 1973, ch 280, § 6 (2); SDCL Supp, § 46-25-50.
S.D. Codified Laws § 34-35-14 — SD Code / Title 34 / Chapter 35 / Section 34-35-14
Possessory claim supporting recovery of fire damages
Status: in_force

In any action instituted in any court to recover damages for injury caused by the fire as provided in § 34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person so injured was in the occupancy or possession of the property. In any action instituted in any court to recover fire suppression and extinguishment costs as provided in §§ 34-35-12 and 34-35-12.1 , it is not necessary for the person or governmental entity providing fire suppression services to allege or prove that it was in occupancy or had any possessory interest in the property over which the fire has spread.

Source: SDC 1939, § 20.0207; SL 1992, ch 251, § 2; SL 1996, ch 217, § 2.
S.D. Codified Laws § 34-20A-66.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-66.1
Payment for treatment under emergency detainment or protective custody
Status: in_force

Payment for treatment under emergency detainment, or under protective custody pursuant to § 34-20A-55 if emergency detainment is not required, may be assessed to the individual, to a legally responsible relative or guardian, to the county of residence if indigent, or billed to the department through contract with an approved treatment facility. Any payment for emergency detainment to the Human Services Center is subject to the requirements of chapter 27A-13 .

Source: SL 1985, ch 277, § 2; SL 1987, ch 254; SL 2016, ch 15, § 17; SL 2022, ch 108, § 10; SL 2023, ch 94, § 13.
S.D. Codified Laws § 34-20A-111 — SD Code / Title 34 / Chapter 20A / Section 34-20A-111
Reporting drug-related overdose--Limited immunity
Status: in_force

A person who experiences a drug-related overdose and is in need of medical assistance may not be arrested, charged, or prosecuted for any misdemeanor or felony offense of possession, inhalation, ingestion, or otherwise taking into the body any controlled drug or substance if that person or another person contacts law enforcement or emergency medical services and requests medical assistance because of a drug-related overdose. A person qualifies for the immunities provided in this section only if the evidence for the charge or prosecution was obtained as a result of the drug-related overdose and the need for medical assistance.

Source: SL 2017, ch 154, § 3; SL 2026, ch 146, § 1.
S.D. Codified Laws § 34A-6-54 — SD Code / Title 34A / Chapter 6 / Section 34A-6-54
Definition of large-scale solid waste facility
Status: in_force

A large - scale solid waste facility is any single facility, or two or more facilities operated as a single unit, in which over two hundred thousand tons of solid waste is disposed or incinerated per year.

Source: SL 1991, ch 453 (I.M. 1).
S.D. Codified Laws § 34-21-52 — SD Code / Title 34 / Chapter 21 / Section 34-21-52
Felony convictions or permit violations by applicant may result in legal actions
Status: in_force

If the investigation required in §§ 34-21-50 and 34-21-51 finds that the applicant or any subsidiary, parent company, officer, or member of the applicant's board of directors has been convicted of a felony as provided in § 34-21-50 , or has violated any permit, as provided in § 34-21-51 , the attorney general shall take steps to ensure that the information is brought to the attention of the appropriate board or commission and shall take such legal action he believes to be appropriate.

Source: SL 1990, ch 272, § 3.
S.D. Codified Laws § 34A-13-16.1 — SD Code / Title 34A / Chapter 13 / Section 34A-13-16.1
Training and testing of persons who perform services to be reimbursed
Status: in_force

The director and the department, jointly, separately, or in cooperation with private organizations, may conduct training seminars for those who perform services to be reimbursed under this chapter, administer voluntary tests to seminar participants and publish or withhold the results of such tests to any interested members of the public.

Source: SL 1992, ch 260, § 34B.
S.D. Codified Laws § 34-37-18 — SD Code / Title 34 / Chapter 37 / Section 34-37-18
Record forms prescribed by secretary
Status: in_force

Records required under provisions of this chapter shall be kept on forms prescribed by the secretary of public safety.

Source: SL 1983, ch 259, § 7; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-24-18 — SD Code / Title 34 / Chapter 24 / Section 34-24-18
Phenylketonuria, hypothyroidism, and galactosemia testing in newborn
Status: in_force

The tests for detecting a metabolic, inherited, or genetic disorder of the newborn infant, as prescribed by the Department of Health, shall include the testing for excessive phenylalanine in the serum of the newborn, for hypothyroidism, and for elevated blood galactose in the newborn.

Source: SL 1973, ch 233, § 8; SL 1982, ch 264, § 2; SL 1991, ch 277, § 1; SL 2015, ch 185, § 2.
S.D. Codified Laws § 34-26-67 — SD Code / Title 34 / Chapter 26 / Section 34-26-67
Donor registry
Status: in_force

(a) The Department of Public Safety shall establish or contract for the establishment of a donor registry.

(b) The department, in partnership with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota, shall compile, operate, maintain, and modify the registry as necessary. The registry shall include pertinent information on all South Dakotans who have registered to donate organs, tissues, and eyes and all relevant information regarding a donor's making amendment to, or revocation of, an anatomical gift in accordance with the Revised Uniform Anatomical Gift Act (§§ 34-26-48 to 34-26-72 , inclusive).

(c) A donor registry must:

(1) Allow a donor or other person authorized under § 34-26-51 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;

(2) Allow a donor or other person online access to register as a donor, to amend an existing donor status, or remove an existing donor registration seven days a week on a twenty-four hour basis;

(3) Be accessible electronically to the federally designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to allow the procurement organization to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and

(4) Be accessible for purposes of subdivision (2) seven days a week on a twenty-four hour basis.

(d) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.

(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d).

(f) The department shall collect data from the registry that is not restricted by subsection (d) and share the data with the federally-designated organ procurement organization and any nonprofit tissue or eye donation agency which holds agreements with hospitals in South Dakota to be used for the purpose of evaluating the effectiveness or educational initiatives to promote organ, tissue, and eye donation that are conducted or coordinated by organ procurement organizations, hospitals, and state agencies operating in the state.

Source: SL 2007, ch 197, § 20; SL 2013, ch 159, § 4.
S.D. Codified Laws § 34-20A-64 — SD Code / Title 34 / Chapter 20A / Section 34-20A-64
Written application--Contents
Status: in_force

Any law enforcement officer, physician, spouse, guardian, or relative of the person to be detained, or any other responsible person, may make a written application for detainment under § 34-20A-63 , directed to the administrator of the approved treatment facility. The application must state the circumstances requiring emergency detainment, including the applicant's personal observations and the specific statements of others, if any, upon which the person making the application relies.

Source: SL 1974, ch 240, § 11 (b); SL 1985, ch 277, § 15; SL 2022, ch 108, § 6.
S.D. Codified Laws § 34-40-4 — SD Code / Title 34 / Chapter 40 / Section 34-40-4
Notice to sheriff of sale, loss, or theft of device
Status: in_force

Whenever any registrant shall sell or lose a device registered under this chapter or have such a device stolen from him, he shall within three days report such sale, loss, or theft to the county sheriff of the county wherein the sale, loss, or theft occurred and to the sheriff of the county where the device is registered.

Source: SL 1967, ch 33, § 4.
S.D. Codified Laws § 34-12-51 — SD Code / Title 34 / Chapter 12 / Section 34-12-51
Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability
Status: in_force

Any institution regulated pursuant to chapter 34-12 and any employee, agent, or member of a medical or dental staff thereof who, in good faith, makes a report of abuse, exploitation, or neglect of any elder or disabled adult, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the report. This immunity extends in a like manner to any public official involved in the investigation of abuse, exploitation, or neglect of any elder or disabled adult, or to any person or institution who in good faith cooperates with any public officials in an investigation. The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act.

Source: SL 1991, ch 195; SDCL § 22-46-6 ; SL 2005, ch 120, §§ 343, 344; SL 2007, ch 147, § 6.
S.D. Codified Laws § 34-21-1.1 — SD Code / Title 34 / Chapter 21 / Section 34-21-1.1
Waste disposal--Approval required--Uranium ore and mine tailings excepted
Status: in_force

The containment, disposal, or deposit of high level and nuclear fuel cycle wastes, defense wastes, nuclear wastes, radioactive substances, or radioactively contaminated materials or the processing of high level nuclear wastes may not be established, allowed or permitted within the boundaries of the State of South Dakota, unless prior approval has been granted by the Governor and the Legislature, except that uranium ore or uranium mine tailings are not affected by this section. Low level nuclear wastes may not be disposed of without approval of the department and secretary of agriculture and natural resources and in accordance with regulations promulgated according to this chapter and chapter 34A-6 .

Source: SL 1977, ch 283; SL 1980, ch 242, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2017, ch 159, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-1-38 — SD Code / Title 34A / Chapter 1 / Section 34A-1-38
Control of air contaminant sources beyond capability of local authority
Status: in_force

If the board finds that the control of a particular class of air contaminant source is beyond the reasonable capability of the local or county air pollution control authorities, the department may assume and retain jurisdiction over that class of air contaminant source.

Source: SL 1970, ch 203, § 14; SDCL Supp, § 34-16A-43.
S.D. Codified Laws § 34A-5-52 — SD Code / Title 34A / Chapter 5 / Section 34A-5-52
Validation of prior proceedings of sanitary districts--Deadline for enforcing rights
Status: in_force

All sanitary sewer districts, established pursuant to chapter 34A-5 , and having a de facto existence of one year or more by December 31, 1979, are declared to be valid and legally created subdivisions of the state. The validity and regularity of the creation of these sanitary districts may not be open to question in any court in this state, and all acts and proceedings of any such sanitary district or the board of trustees, or both, including those proceedings leading up to the authorization and execution of contracts between any such sanitary district and the United States of America as of December 31, 1979, are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All completed or existing contracts, including outstanding bonds as of December 31, 1979, are hereby legalized and declared to be valid obligations of and against the sanitary district executing or causing the execution and issuance of them.

If any person has any vested right or rights affected by this section, and action or proceeding to enforce such right or rights is not commenced prior to January 1, 1981, such right or rights shall be forever barred, and no action or proceeding so brought may have any force or effect, or may be maintained in any court of this state.

Source: SL 1964, ch 144, § 10; SDCL, § 34-17-45; SL 1980, ch 249.
S.D. Codified Laws § 34A-15-1 — SD Code / Title 34A / Chapter 15 / Section 34A-15-1
Legislative findings
Status: in_force

The Legislature hereby finds, and declare to be the public policy of this state, that:

(1) Environmental laws of the United States and this state provide that the owner of the real property is liable for the cleanup of property contamination and define who is the owner of such property;

(2) If a borrower defaults on a loan, a lender must decide whether to foreclose and potentially become the owner. For fear of becoming liable for conditions they did not create, lenders are showing a reluctance to foreclose, thus leaving no one responsible for the cleanup. Additionally, lenders are reluctant to lend to certain types of businesses because of this potential liability;

(3) So that lenders can predict with more certainty what the costs will be if they foreclose, it is the intent of the Legislature to limit third - party liability for lenders who comply with certain conditions.

Source: SL 1992, ch 261, § 1.
S.D. Codified Laws § 34-12-21 — SD Code / Title 34 / Chapter 12 / Section 34-12-21
New license issued after suspension or revocation
Status: in_force

If a license is suspended or revoked as provided in § 34-12-19 , a new application for license may be considered by the said Department of Health if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has been satisfactorily submitted to said department. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules and regulations adopted hereunder have been complied with.

Source: SL 1945, ch 108, § 7; SL 1953, ch 123, § 7; SDC Supp 1960, § 27.1207.
S.D. Codified Laws § 34-20A-68 — SD Code / Title 34 / Chapter 20A / Section 34-20A-68
Emergency detainment--Discharge
Status: in_force

If, after the person detained under § 34-20A-63 completes treatment, the administrator or an authorized designee determines that the grounds for emergency detainment no longer exist, the facility shall discharge the person, unless a petition for involuntary commitment under § 34-20A-70 has been filed.

Source: SL 1974, ch 240, § 11 (e); SL 1985, ch 277, § 19; SL 2022, ch 108, § 12; SL 2023, ch 117, § 4.
S.D. Codified Laws § 34-20C-13 — SD Code / Title 34 / Chapter 20C / Section 34-20C-13
Comparative responsibility--Burden of proof
Status: in_force

Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.

The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence.

Comparative responsibility may not be attributed to a plaintiff who is not a user.

Source: SL 1997, ch 203, § 14.
S.D. Codified Laws § 34-11-12.1 — SD Code / Title 34 / Chapter 11 / Section 34-11-12.1
Medical director required--Hardship exemption
Status: in_force

An ambulance service licensed pursuant to this chapter must have a medical director, unless the ambulance service is granted a hardship exemption pursuant to § 34-11-12.2 .

Source: SL 2024, ch 126, § 5.
S.D. Codified Laws § 34A-2-119 — SD Code / Title 34A / Chapter 2 / Section 34A-2-119
Industrial and governmental treatment works fee schedule
Status: in_force

For industrial and governmental treatment works with significant water quality loadings, the fee imposed in § 34A-2-117 is as follows:

(1) Meat products processing as defined by 40 CFR 432 as amended to January 1, 2011:

(a) Process water (0.50 mgd or greater)--$30,000 per year;

(b) Process water (0.25 mgd or greater and less than 0.50 mgd)--$10,000 per year;

(c) Process water (less than 0.25 mgd)--$600 per year; and

(d) Noncontact cooling water--$600 per year;

(2) Corn wet milling as defined by 40 CFR 406 Subpart A as amended to January 1, 2011:

(a) Process water (0.50 mgd or greater)--$30,000 per year;

(b) Process water (0.25 mgd or greater and less than 0.50 mgd)--$10,000 per year;

(c) Process water (less than 0.25 mgd)--$600 per year; and

(d) Noncontact water--$600 per year;

(3) Ore mining and dressing as defined by 40 CFR 440 as amended to January 1, 2011:

(a) Large scale gold and silver mines:

(i) Process water--$30,000 per year; and

(ii) Mine drainage water--$5,000 per year; and

(b) Gold placer mining process water--$5,000 per year;

(4) Mineral mining and processing as defined by 40 CFR 436 as amended to January 1, 2011:

(a) Dimension stone--$600 per year;

(b) Crushed stone--$600 per year;

(c) Sand and Gravel--$600 per year;

(d) Mineral pigments--$600 per year; and

(e) Small scale mines--$600 per year;

(5) Federal treatment works, excluding Ellsworth Air Force Base--$600 per year;

(6) Steam electric power generating as defined by 40 CFR 423 as amended to January 1, 2011:

(a) 0.50 mgd or greater--$17,500 per year;

(b) Less than 0.50 mgd--$6,250 per year; and

(c) Noncontact cooling water--$600 per year; and

(7) Electrical transformer reclamation--$5,000 per year.

The secretary pursuant to the procedures contained in chapter 1-26 may establish the fee for any industrial or governmental treatment works with significant water quality loadings or that discharges toxic pollutants and is not included in the categories above, not to exceed thirty thousand dollars per year.

Source: SL 1992, ch 254, § 57; SL 2011, ch 165, § 68.
S.D. Codified Laws § 34-20A-34 — SD Code / Title 34 / Chapter 20A / Section 34-20A-34
Real property acquisition and provision of facilities
Status: in_force

The department may acquire, hold, or dispose of real property or any interest in real property, and construct, lease, or otherwise provide facilities for the prevention of alcohol and drug abuse and facilities for the treatment of those persons suffering from alcohol and drug abuse, and for intoxicated persons.

Source: SL 1974, ch 240, § 4 (8); SL 1985, ch 278, § 31; SL 2011, ch 1 (Ex. Ord. 11-1), § 70, eff. Apr. 12, 2011; SL 2016, ch 15, § 13; SL 2023, ch 94, § 9.
S.D. Codified Laws § 34A-6-1.17 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.17
Additional fee imposed upon disposal of certain solid waste
Status: in_force

Because of the additional environmental risks attending large - scale solid waste disposal facilities, a solid waste disposal fee of three dollars per ton or part thereof is hereby levied and imposed upon the disposal of solid waste, other than mine wastes, at any solid waste disposal facility in this state, permitted for more than two hundred fifty thousand tons of solid waste per annum. The fee imposed by this section is in addition to all other fees and taxes levied by law and must be added to and constitute part of any other fee charged by the operator or owner of the solid waste disposal facility. Neither this fee nor any fees authorized by § 34A-6-1.38 may be imposed upon the disposal of waste by the state. In the case of any solid waste disposal facility that receives solid waste only from entities that have implemented a solid waste source reduction and recycling program, the fees provided for in this section are required if the facility receives more than two hundred fifty thousand tons of solid waste per year. Solid waste disposal facilities owned or operated by political subdivisions are exempt from this section.

The owner of the solid waste disposal facility shall pay the disposal fee. The obligation of the owner to pay the fee accrues at the time solid waste is disposed of at a solid waste facility. The fee imposed by this section is due and payable on or before the fifteenth day of the month next succeeding the month in which the fee accrued, together with a return on such form or forms as may be prescribed by the secretary of revenue. Each owner of a facility who is required to pay the fee imposed by this section shall keep complete and accurate records in such form as the board or the secretary of revenue, by rule promulgated pursuant to chapter 1-26 , may require.

Fees collected under this section must be deposited in the South Dakota environment and water resources trust fund established pursuant to § 46A-1-82 .

Source: SL 1989, ch 306, § 18; SL 1992, ch 256; SL 2022, ch 138, § 1.
S.D. Codified Laws § 34-20F-1 — SD Code / Title 34 / Chapter 20F / Section 34-20F-1
Retailer defined
Status: in_force

For purposes of this chapter, a retailer is any person who sells merchandise at retail.

Source: SL 2012, ch 185, § 1, eff. Mar. 2, 2012.
S.D. Codified Laws § 34-22-11.1 — SD Code / Title 34 / Chapter 22 / Section 34-22-11.1
Approved medically accepted procedures required for performance of specific health services
Status: in_force

Notwithstanding the provisions of chapter 36-4 and chapter 36-9 , any person performing specific health services under federal, state, and local programs affecting the public health, shall carry out such services through medically accepted procedures approved by the State Board of Medical and Osteopathic Examiners and the State Department of Health.

Source: SL 1977, ch 289, § 1.
S.D. Codified Laws § 34-25-14 — SD Code / Title 34 / Chapter 25 / Section 34-25-14
Child of unknown parents--Physician to name child and file birth certificate
Status: in_force

In the case of a neglected or abandoned child, whose parents are unknown, such child shall be examined immediately by a licensed physician who shall assign a given name to the child, and, within seven days, file directly with the State Department of Health a certificate, in form and manner prescribed by the department.

Source: SDC 1939, § 27.0207 as added by SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 15.
S.D. Codified Laws § 34-8-14 — SD Code / Title 34 / Chapter 8 / Section 34-8-14
Lien of county for hospital costs paid from poor fund
Status: in_force

Whenever any county within this state shall become obligated to and does pay the hospital bills and charges for any of the persons defined in § 34-8-11 as "county charges without means," the county in such case shall have a lien upon all of the property, real and personal except property absolutely exempt from seizure and sale, of such persons defined herein, for all sums expended therefor by any county; such lien shall be established, recorded and foreclosed as provided by chapter 28-14 , and all the provisions of said chapter are hereby made applicable thereto.

Source: SDC 1939, § 27.1906 as added by SL 1949, ch 108, § 2; SL 1957, ch 120.
S.D. Codified Laws § 34-37-12.1 — SD Code / Title 34 / Chapter 37 / Section 34-37-12.1
Evidence of delivery outside of state--Violation as misdemeanor
Status: in_force

A wholesaler licensee shall retain written evidence of the delivery of fireworks to any person outside this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a certified motor carrier if the purchaser is unlicensed. A violation of this section is a Class 1 misdemeanor.

Source: SL 1983, ch 259, § 10; SL 2019, ch 154, § 16, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-16-16 — SD Code / Title 34 / Chapter 16 / Section 34-16-16
Action by county to recover expense of disposal of dead animal
Status: in_force

Whenever any such dead body shall be buried or burned by order of the superintendent of the county board of health, such superintendent shall at once inform the state's attorney of the fact of such burning or burial, and the costs and expenses of the same and the giving of notice, together with the names of the owner and person in charge if known, and the state's attorney shall by civil action in the proper court collect the amount of such costs and expenses from the township in which said animal was found. Where such dead animal is found in territory not within the limits of any organized township, it shall be the duty of the state's attorney to forthwith proceed against the owner, and the person having charge of such animal as herein provided.

Source: SL 1925, ch 121, § 7; SL 1931, ch 210, § 3; SDC 1939, § 27.2507.
S.D. Codified Laws § 34A-3A-2 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-2
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Area of influence," the area surrounding a pumping or recharging well within which the potentiometric surface or the water table has been changed;

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

(3) "Cone of depression," the shape of the area of influence in cross section;

(4) "Critical aquifer protection area," all or part of an area located within an area for which an application or designation as a sole source aquifer has been submitted and approved by the administrator of the United States Environmental Protection Agency;

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

(6) "Maximum contaminant level," the maximum permissible level of a contaminant in water which is delivered to any user of a public water system;

(7) "Potentiometric surface," an imaginary surface representing the total head of groundwater in a confined aquifer and defined by the level to which water will rise in a well;

(8) "Public water system," a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if the system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year and as provided for in 40 CFR sections 141.2 and 142.2 as amended to January 1, 2011;

(9) "Recharge area," the area through which water may percolate to the aquifer and eventually reach the well;

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

(11) "Sole source aquifer," an aquifer which provides fifty percent or more of the drinking water for an area and which if contaminated, would create a significant hazard to public health;

(12) "Supplier of water," any person who owns or operates a public water system;

(13) "Water table," that surface of a body of unconfined groundwater at which the pressure is equal to that of the atmosphere;

(14) "Wellhead protection area," the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.

Source: SL 1983, ch 260, § 2; SL 1987, ch 259, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1999, ch 181, § 1; SL 2011, ch 165, § 79; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-1-64 — SD Code / Title 34A / Chapter 1 / Section 34A-1-64
Clean air act settlement fund created
Status: in_force

Any funds received by the state from the mitigation fund shall be deposited into the clean air act settlement fund that is hereby created. The funds shall be administered by the secretary for the purpose of facilitating the improvement and protection of the ambient air quality throughout the state by reducing nitrogen oxide air emissions from mobile sources pursuant to a beneficiary mitigation plan developed by the department and approved by the board. The department's administrative costs of implementing the mitigation fund will be paid from the clean air act settlement fund through the air quality subfund established in § 34A-1-59 . Any interest earned on the clean air act settlement fund shall be returned to the mitigation fund.

Source: SL 2019, ch 159, § 2, eff. Mar. 5, 2019.
S.D. Codified Laws § 34-16-1 — SD Code / Title 34 / Chapter 16 / Section 34-16-1
Act endangering public health as misdemeanor
Status: in_force

Every person who intentionally commits any act which grossly endangers the public health is guilty of a Class 1 misdemeanor.

Source: PenC 1877, § 742; CL 1887, § 6934; RPenC 1903, § 768; RC 1919, § 4381; SDC 1939, § 13.1501; SL 1977, ch 190, § 27.
S.D. Codified Laws § 34A-10-2.3 — SD Code / Title 34A / Chapter 10 / Section 34A-10-2.3
Cleanup and remediation of environmental problems--Use of security
Status: in_force

The state, with any board or court approval necessary, as provided in the permit or security instrument required under § 34A-10-2.1 or 34A-10-2.2 , may use the security as necessary for the cleanup and remediation of environmental problems related to the activity for which the security was provided. If security is forfeited in accordance with § 45-9-15 due to the failure of an oil and gas well operator to perform according to the provisions of §§ 45-9-5 to 45-9-18 , inclusive, the state may use the security for environmental cleanup or remediation of any lands or resources regulated under chapter 45-9 . When the cleanup and remediation is complete, as certified by the board, or sufficient funds have been set aside to achieve complete remediation pursuant to a site - specific, board - approved remedial action plan, the state may proceed against any remaining security for the purpose of collecting any properly recoverable cost incurred by the state in pursuing the cleanup, environmental damages, or penalties. Until the environmental cleanup or remediation is complete, any state cost, environmental damage, and penalty judgments have been satisfied and the security has been released by the board, the security may not be assigned for the benefit of creditors, attached, garnished, levied, or executed on, or subject to process issued from any court; except for the purpose of enabling the state to effectuate the environmental cleanup or remediation.

Source: SL 1989, ch 306, § 70; SL 2020, ch 154, § 1.
S.D. Codified Laws § 34-12-20 — SD Code / Title 34 / Chapter 12 / Section 34-12-20
Procedure for suspension or revocation of license
Status: in_force

No license shall be suspended or revoked except in compliance with chapter 1-26 .

Source: SL 1925, ch 220, § 5; SDC 1939, § 27.1205; SL 1945, ch 108, § 7; SL 1953, ch 123, § 7; SDC Supp 1960, § 27.1207; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-21-18 — SD Code / Title 34 / Chapter 21 / Section 34-21-18
Licensing of ionizing radiation sources--Fees
Status: in_force

The Department of Health may require licensing of all sources of ionizing radiation. The annual license shall be accompanied by an annual license fee. The annual license fee shall be as follows:

(1) One diagnostic X ray system, one hundred dollars;

(2) Two to five diagnostic X ray systems, inclusive, one hundred fifty dollars;

(3) Six to ten diagnostic X ray systems, inclusive, two hundred dollars;

(4) Eleven to twenty diagnostic X ray systems, inclusive, two hundred fifty dollars; and

(5) Twenty-one or more diagnostic X ray systems, three hundred dollars.

For the purposes of this section, diagnostic X ray system means an X ray system designed for irradiation of any part of the human or animal body for the purpose of diagnosis or visualization.

Source: SDC Supp 1960, § 27.17A04 (18) as added by SL 1967, ch 107, § 2; SL 2004, ch 233, § 1; SL 2009, ch 164, § 5.
S.D. Codified Laws § 34-20B-18 — SD Code / Title 34 / Chapter 20B / Section 34-20B-18
Criteria for inclusion of substances in Schedule III
Status: in_force

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

(1) A potential for abuse less than the substances listed in Schedules I and II;

(2) Well documented and approved medical use in the United States; and

(3) Abuse which may lead to moderate or low physical dependence or high psychological dependence.

Source: SL 1970, ch 229, § 8 (c); SDCL Supp, § 39-17-61; SL 1976, ch 158, § 42-15.
S.D. Codified Laws § 34A-16-17 — SD Code / Title 34A / Chapter 16 / Section 34A-16-17
Application and acceptance of gifts, grants, or loans
Status: in_force

The district may apply for and accept gifts, loans, or other property from the United States, the state, any public agency as defined in § 1-24-1 , or any person for any of its purposes, may enter into any agreement required in connection therewith, and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement.

Source: SL 1993, ch 259, § 19.
S.D. Codified Laws § 34-12-19 — SD Code / Title 34 / Chapter 12 / Section 34-12-19
Grounds for suspension or revocation of license
Status: in_force

The State Department of Health may suspend or revoke a license issued under this chapter on any of the following grounds:

(1) Violation of any of the provisions of this chapter or the rules issued pursuant thereto;

(2) Permitting, aiding, or abetting the commission of any unlawful act in such institution;

(3) Conduct of practices detrimental to the welfare of the patient; and

(4) Failure to allow department inspections, including inspections authorized under § 34-12-16 , complaint inspections and necessary follow - up inspections.

Source: SL 1925, ch 220, § 5; SDC 1939, § 27.1205; SL 1945, ch 108, § 7; SL 1953, ch 123, § 7; SDC Supp 1960, § 27.1207; SL 1986, ch 278, § 12.
S.D. Codified Laws § 34-29B-8 — SD Code / Title 34 / Chapter 29B / Section 34-29B-8
Fire marshal to investigate circumstances of fire or explosion
Status: in_force

The state fire marshal may investigate the cause, origin, and circumstances of fire or explosions by which property has been destroyed or damaged and, attempt to determine whether the fire or explosion is the result of carelessness or design. The state fire marshal may take charge of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall cooperate with the authorities in the collection of evidence and the prosecution of the case.

Source: SL 1991, ch 283, § 8.
S.D. Codified Laws § 34-45-24 — SD Code / Title 34 / Chapter 45 / Section 34-45-24
Training required for employment
Status: in_force

No person may be appointed as a 911 telecommunicator, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of 911 telecommunicator training at a school approved by the commission. No 911 telecommunicator may be employed on a temporary or probationary basis beyond one year if the telecommunicator lacks the educational and training qualifications required by the commission. However, in municipalities of the third class, a 911 telecommunicator's probationary period may be extended for one additional year.

Source: SL 1998, ch 142, § 3.
S.D. Codified Laws § 34-5-2 — SD Code / Title 34 / Chapter 5 / Section 34-5-2
County levy for snow removal and special emergency reserve fund--Collection of levy
Status: in_force

The board of county commissioners may establish a county snow removal and special emergency reserve fund by the levy of a tax up to but not exceeding one dollar and twenty cents per thousand dollars of taxable valuation within the county. The tax levy authorized by this section is in addition to all other county tax levies. All money collected and received under the provisions of this tax levy shall be remitted at the times and in the manner required by the laws of this state relating to counties.

Source: SL 1953, ch 32, §§ 1, 5; SDC Supp 1960, § 12.0617-7; SL 1967, ch 15, § 1; SL 1989, ch 87, § 15A.
S.D. Codified Laws § 34A-2B-5 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-5
Reimbursement for corrective actions
Status: in_force

The department may bring an action in circuit court against the responsible person to obtain reimbursement for corrective action costs expended from the environmental livestock cleanup fund. The secretary may seek recovery of other funds expended by the department as a result of a discharge through actions brought under the provisions of Title 34A.

Source: SL 1998, ch 216, § 8.
S.D. Codified Laws § 34-24-37 — SD Code / Title 34 / Chapter 24 / Section 34-24-37
Prohibited medical interventions--Civil action--Time of commencement
Status: in_force

Any civil action to recover damages for injury suffered as a result of a violation of § 34-24-34 must be commenced before the later of:

(1) The date on which the person reaches age twenty-five; or

(2) Within three years from the time the person discovered or reasonably should have discovered that the injury or damages were caused by the violation.

Source: SL 2023, ch 127, § 5.
S.D. Codified Laws § 34-26-60 — SD Code / Title 34 / Chapter 26 / Section 34-26-60
Delivery of document of gift not required--Right to examine
Status: in_force

(a) A document of gift need not be delivered during the donor's lifetime to be effective.

(b) Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under § 34-26-58 .

Source: SL 2007, ch 197, § 13.
S.D. Codified Laws § 34A-6-1.3 — SD Code / Title 34A / Chapter 6 / Section 34A-6-1.3
Definition of terms
Status: in_force

The terms used in §§ 34A-6-1.1 to 34A-6-1.38 , inclusive, mean:

(1) "Actual cost," the planning, development, operational, remedial and emergency action, closure, postclosure, and monitoring costs of a solid waste facility for the lifetime of the project;

(2) "Board," the Board of Minerals and Environment;

(3) "Closure," actions taken by the owner or operator of a solid waste facility or site to cease disposal operations and to ensure that all such facilities are closed in conformance with applicable regulations at the time of such closures and to prepare the site for the postclosure period;

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

(5) "Facility," a solid waste facility as defined in subdivision (18) of this section;

(6) "Financial assurance instrument," cash or other instrument as allowed by rule or permit, submitted by an applicant to ensure the owner's financial capability to provide reasonable and necessary compliance with the laws, regulations and permit terms and conditions applicable to the facility during the lifetime of the project and for the thirty years following closure, and to provide for the closure of the facility and postclosure care required by rules adopted by the board pursuant to chapter 1-26 in the event that the operator fails to correctly perform closure and postclosure care requirements;

(7) "Landfill," a solid waste disposal facility or part of a facility where solid waste is permanently placed in or on land;

(8) "Leachate," fluid that has percolated through solid waste and which contains contaminants consisting of dissolved or suspended materials, chemicals, or microbial waste products from the solid waste;

(9) "Lifetime of the project," the projected period of years that a facility will receive waste, from the time of opening until closure. In the case of a landfill this shall be based on the volume of waste to be received projected at the time of submittal of the initial project plan and the calculated refuse capacity of the landfill based upon the design of the project;

(10) "Mine wastes," waste rock, rubble, or tailings produced as a result of mining or ore processing operations. The term does not include other wastes produced at a mining operation;

(10A) "Perpetuity," the life of the solid waste facility plus an additional fifty years;

(11) "Person," any individual, partnership, limited liability company, firm, association, municipality, public or private corporation, state, tribe, nation, subdivision or agency of a state, tribe or nation, trust, estate, or any other legal entity;

(12) "Postclosure" and "postclosure care," requirements placed upon a solid waste disposal facility after closure that will prevent, mitigate or minimize the threat to public health, safety, and welfare and the threat to the environment posed by the closed facility;

(13) "Regional entity," any combination or group of municipalities, counties, or sanitary districts in this state operating or seeking to operate in a joint venture, pursuant to chapter 1-24 , a solid waste management system or part thereof in compliance with §§ 34A-6-1.1 to 34A-6-1.38 , inclusive;

(14) "Resource recovery system," the recovery and separation for reuse of ferrous or nonferrous metals, glass, aluminum, paper, organic material, or any other material having a probable potential for reuse and the preparation and burning of solid waste as fuel for the production of electricity, steam or heat;

(15) "Rules," rules promulgated by the board pursuant to the provisions of §§ 34A-6-1.1 to 34A-6-1.38 , inclusive;

(16) "Secretary," the secretary of agriculture and natural resources;

(17) "Solid waste," any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded materials, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities, but does not include mining waste in connection with a mine permitted under Title 45, hazardous waste as defined under chapter 34A-11 , solid or dissolved materials in domestic sewage or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended to January 1, 2011, or source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended to January 1, 2011;

(18) "Solid waste facility" or "solid waste disposal facility," all facilities and appurtenances connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the disposal or storage of solid waste; and

(19) "Solid waste management system," the entire process of storage, collection, transportation, processing, and disposal of solid wastes by any person.

Source: SL 1989, ch 306, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1994, ch 351, § 68; SL 2011, ch 165, § 109; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-6-55 — SD Code / Title 34A / Chapter 6 / Section 34A-6-55
Existing facilities to cease until legislative approval is obtained
Status: in_force

The Board of Minerals and Environment shall cause any existing large-scale solid waste facility to cease operation unless legislative approval as prescribed in § 34A-6-53 has been obtained.

Source: SL 1991, ch 453 (I.M. 1); SL 2011, ch 165, § 122.
S.D. Codified Laws § 34-26A-37 — SD Code / Title 34 / Chapter 26A / Section 34-26A-37
Pre-need contract--Requirements
Status: in_force

If a cremation is provided for in a pre - need contract, the contract must include provisions for the disposition of the cremated remains. Those provisions must be initialed by the individual for or by whom the arrangements are being made.

Source: SL 1988, ch 283, § 37; SL 2023, ch 129, § 29.
S.D. Codified Laws § 34A-13-12.1 — SD Code / Title 34A / Chapter 13 / Section 34A-13-12.1
Remedies allowed--Administrative exhaustion not required
Status: in_force

The director need not exhaust administrative remedies under this chapter in order to pursue any other administrative, civil, injunctive, or criminal remedies on behalf of the fund.

Source: SL 1991, ch 294, § 25; SL 2024, ch 146, § 8.
S.D. Codified Laws § 34-23A-59 — SD Code / Title 34 / Chapter 23A / Section 34-23A-59
Pregnancy help center consultations
Status: in_force

A pregnancy help center consultation required by §§ 34-23A-53 to 34-23A-59.2 , inclusive, shall be implemented as follows:

(1) The pregnancy help center shall be permitted to:

(a) Interview the pregnant mother to determine whether the pregnant mother has been subject to any coercion to have an abortion, or is being pressured into having an abortion;

(b) Provide counseling in connection with any coercion or pressure;

(c) Inform the pregnant mother in writing or orally, or both, of the counseling, education, and assistance available to the pregnant mother to assist her in maintaining her relationship with her unborn child and in caring for the child through the pregnancy help center or any other organization, faith-based program, or governmental program;

(d) Provide a statement orally and in writing to the pregnant mother that "an abortion will terminate the life of a whole, separate, unique, living human being," and provide counseling in lay terms that explain this disclosure, and to ascertain that the pregnant mother understands this disclosure, and for the purpose of this disclosure, the definition of human being found in subdivision 34-23A-1(4) applies; and

(e) Provide statements orally and in writing setting forth the disclosures required by subsections 34-23A-10.1 (1)(c) and (d) and provide counseling in lay terms that explain those disclosures. The pregnancy help center may, if it deems it appropriate, discuss matters pertaining to adoption;

(2) The pregnancy help center, its agents, or employees may not:

(a) Discuss with any pregnant mother religion or religious beliefs, either of the mother or the counselor, unless the pregnant mother consents in writing;

(b) Discuss the physical or psychological risks to a woman posed by an abortion. However, if, during the mandatory pregnancy help center consultation interview, the pregnant mother requests the opportunity to discuss the risks of an abortion with pregnancy help center personnel, the pregnancy help center may schedule a separate and distinct appointment for the pregnant mother to meet with a physician for the purpose of discussing the physical and psychological risks of abortion. Any requests shall be evidenced in writing signed by the pregnant mother;

(3) The pregnancy help center is under no obligation to communicate with the abortion provider in any way, and is under no obligation to submit any written or other form of confirmation that the pregnant mother consulted with the pregnancy help center. The pregnancy help center may voluntarily provide a written statement of assessment to the abortion provider, whose name the woman shall give to the pregnancy help center, if the pregnancy help center obtains information that indicates that the pregnant mother has been subjected to coercion or that her decision to consider an abortion is otherwise not voluntary or not informed. The physician shall make the physician's own independent determination whether or not a pregnant mother's consent to have an abortion is voluntary, uncoerced, and informed before having the pregnant mother sign a consent to an abortion. The physician shall review and consider any information provided by the pregnancy help center as one source of information, which in no way binds the physician, who shall make an independent determination consistent with the provisions of §§ 34-23A-53 to 34-23A-59.2 , inclusive, the common law requirements, and accepted medical standards;

(4) Any written statement or summary of assessment prepared by the pregnancy help center as a result of counseling of a pregnant mother as a result of the procedures created by §§ 34-23A-53 to 34-23A-59.2 , inclusive, may be forwarded by the pregnancy help center, in its discretion, to the abortion physician. If forwarded to the physician, the written statement or summary of assessment shall be maintained as a permanent part of the pregnant mother's medical records. Other than forwarding such documents to the abortion physician, no information obtained by the pregnancy help center from the pregnant mother may be released, without the written signed consent of the pregnant mother or unless the release is in accordance with federal, state, or local law;

(5) Commencing on September 1, 2016, the counseling authorized pursuant to this section shall be conducted in accordance with the Uniform Policy and Procedures Guidelines developed and promulgated by the South Dakota Association of Registered Pregnancy Help Centers and adopted in 2015.

Nothing in §§ 34-23A-53 to 34-23A-59.2 , inclusive, may be construed to impose any liability upon a pregnancy help center. However, the failure of a pregnancy help center to comply with the conditions of § 34-23A-58.1 , 34-23A-59.1 or this section for being authorized to provide the pregnancy help center counseling, if uncorrected, may result in the Department of Health removing the pregnancy help center from the state's registry of pregnancy help centers.

Source: SL 2011, ch 161, § 6; SL 2012, ch 186, § 7; SL 2016, ch 179, § 3; SL 2018, ch 205, § 16.
S.D. Codified Laws § 34A-7-8 — SD Code / Title 34A / Chapter 7 / Section 34A-7-8
Motor vehicle littering as traffic violation--Forwarding of conviction report--Penalties not exclusive
Status: in_force

In addition to any penalty imposed under this chapter, a person convicted of violating § 34A-7-7 while operating a motor vehicle is considered to have been convicted of a moving traffic violation. A report of conviction of the provisions of this chapter shall be forwarded to the Department of Public Safety by the court within ten days after the date the conviction is entered.

The penalties prescribed in this section are in addition to, and not in lieu of, any penalties, rights, remedies, duties, or liabilities otherwise imposed or conferred by law.

Source: SL 1974, ch 242, § 7; SDCL Supp, § 34-16C-12; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2011, ch 165, § 128.
S.D. Codified Laws § 34A-3-14 — SD Code / Title 34A / Chapter 3 / Section 34A-3-14
Application for certification--Proof of fitness
Status: in_force

Application for certification shall be made in writing by the applicant at such time, in such form and accompanied by such proof of the applicant's fitness as an operator as the secretary may prescribe.

Source: SL 1970, ch 217, § 10; SDCL Supp, § 36-22A-13.
S.D. Codified Laws § 34A-6-27 — SD Code / Title 34A / Chapter 6 / Section 34A-6-27
City-county combinations to grant franchises--Approval by voters--Approval or rejection by subdivisions
Status: in_force

Municipalities and counties may combine to grant and regulate franchises for the purposes outlined in §§ 34A-6-18 and 34A-6-24 . Franchises granted under this section must be approved by the electors in the same manner as provided by § 34A-6-18 . In case the electors of any political subdivision cooperating under this section reject the franchise, the franchise shall be granted for those subdivisions approving it.

Source: SL 1974, ch 244, § 3; SDCL Supp, § 34-16B-22.1; SL 1977, ch 280, § 27.
S.D. Codified Laws § 34-23-3 — SD Code / Title 34 / Chapter 23 / Section 34-23-3
Investigation of sources of infection--Repression of prostitution
Status: in_force

It shall be the duty of all local and state health officers to investigate sources of infection of venereal disease, to cooperate with the proper officials whose duty it is to enforce laws directed against prostitution, and otherwise to use every proper means for the repression of prostitution.

Source: SL 1919, ch 284, § 3; SL 1921, ch 339; SDC 1939, § 27.2403.
S.D. Codified Laws § 34-46-21 — SD Code / Title 34 / Chapter 46 / Section 34-46-21
Sale of vapor product outside package or through self-service display prohibited--Exception--Violation as misdemeanor
Status: in_force

No person may sell a vapor product other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law, or sell a vapor product through self-service display other than a display that is:

(1) A vending machine permitted under subdivision 34-46-2(5); or

(2) Located in a tobacco specialty store.

A violation of this section is a Class 2 misdemeanor. A person is not liable for more than one violation of this section on a single day.

Source: SL 2014, ch 173, § 2.No person may sell a nicotine product, as defined in § 10-50E-1 , other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law.

A person who violates this section is subject to a fine of two hundred fifty dollars, imposed by the Department of Revenue. Each violation is subject to a fine.

Source: SL 2014, ch 173, § 2; SL 2026, ch 54, § 22, eff. Jan. 1, 2027.
S.D. Codified Laws § 34A-6-83 — SD Code / Title 34A / Chapter 6 / Section 34A-6-83
Tire solid waste management fee on motor vehicles--Collection
Status: in_force

There is hereby imposed a solid waste management fee of twenty - five cents per tire, not to exceed one dollar per vehicle on each motor vehicle registered and licensed in this state. Before any vehicle is registered as a commercial or noncommercial motor vehicle pursuant to chapter 32-5 or 32-9 , the county treasurer shall collect the solid waste management fee; and before any vehicle is registered as a commercial motor vehicle pursuant to chapter 32-10 , the secretary of revenue shall collect the solid waste management fee.

Source: SL 1992, ch 254, § 50J; SL 1993, ch 34, § 6.
S.D. Codified Laws § 34-20H-7 — SD Code / Title 34 / Chapter 20H / Section 34-20H-7
Promulgation of rules
Status: in_force

The State Board of Pharmacy shall promulgate rules, in accordance with chapter 1-26 , to:

(1) Establish eligibility criteria for persons to receive donated drugs and medical supplies, provided the criteria:

(a) Prioritize persons who are indigent or without insurance coverage; and

(b) Permit dispensing to other persons, if the supply of a donated drug or supply exceeds demand;

(2) Establish standards and procedures for the acceptance, storage, and dispensing of donated prescription drugs and medical supplies;

(3) Establish standards and procedures for the inspection of donated prescription drugs and medical supplies;

(4) Establish the fee that a participating pharmacy may charge for accepting, distributing, and dispensing donated prescription drugs and medical supplies, provided the fee does not exceed the reasonable cost incurred by the pharmacy; and

(5) Develop and make available any forms necessary for the donation, acceptance, and dispensing of donated drugs and medical supplies.

Source: SL 2022, ch 137, § 7.
S.D. Codified Laws § 34-25-25 — SD Code / Title 34 / Chapter 25 / Section 34-25-25
Fact of death record filed by funeral director--Sources of data--Place and time of filing
Status: in_force

The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available.

A fact of death record for each death which occurs in this state shall be filed with the department within five days after such death.

Source: SDC 1939, § 27.0210; SL 1941, ch 124, § 2; SL 1972, ch 194, § 25; SL 1978, ch 254; SL 2003, ch 186, § 5.
S.D. Codified Laws § 34-23A-20 — SD Code / Title 34 / Chapter 23A / Section 34-23A-20
Severability of provisions
Status: in_force

If any part or provision of this chapter is determined to be invalid, or is preliminarily enjoined, all other parts not determined to be invalid or enjoined are severable from the invalid parts and remain in effect. If any part or provision of this chapter is determined to be invalid, or is preliminarily enjoined in one or more of its applications, all other parts or provisions not determined to be invalid or preliminarily enjoined are severable from the invalid or preliminarily enjoined application and remain in effect.

Source: SL 1973, ch 146, § 18; SL 2016, ch 179, § 5.
S.D. Codified Laws § 34-8-8.1 — SD Code / Title 34 / Chapter 8 / Section 34-8-8.1
Determination of professional staff--Discrimination between practitioners prohibited
Status: in_force

A governing board of a hospital subject to chapter 34-8 shall reasonably and properly determine, subject to the right of judicial review, the membership of the professional staff of the hospital and delineate the staff privileges, but it shall not discriminate between licensed practitioners of the various healing arts.

Source: SL 1981, ch 257, § 2.
S.D. Codified Laws § 34-20B-115 — SD Code / Title 34 / Chapter 20B / Section 34-20B-115
Kratom--Facilitating under age use--Penalty
Status: in_force

Any of the following actions are unlawful:

(1) To knowingly sell or distribute a kratom product to a person under the age of twenty-one;

(2) The purchase or attempt to purchase, the receipt or attempt to receive, the possession, or the consumption of a kratom product by a person under the age of twenty-one; or

(3) To purchase a kratom product on behalf of, or to give a kratom product to, any person under the age of twenty-one, unless the purchaser is a parent or guardian of the person under the age of twenty-one.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2021, ch 146, § 1; SL 2025, ch 138, § 2.
S.D. Codified Laws § 34-37-6 — SD Code / Title 34 / Chapter 37 / Section 34-37-6
Submission of fireworks for examination by department--Violation as misdemeanor
Status: in_force

Before any fireworks not enumerated under § 34-37-5 may be sold, held for sale, or offered for sale in this state, the licensee shall submit the fireworks to the Department of Public Safety for examination. For any fireworks submitted under this section that comply with 16 C.F.R. Part 1507, effective January 1, 2019, and the American Pyrotechnics Association Standard 87-1, 2001 edition, the department shall authorize the fireworks for sale in this state. A violation of this section is a Class 1 misdemeanor.

Source: SL 1964, ch 31, § 5; SL 1982, ch 18, § 102; SL 1983, ch 259, § 5; SL 1998, ch 213, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154, § 6, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-29A-29 — SD Code / Title 34 / Chapter 29A / Section 34-29A-29
State inspectors' access to premises for inspection during construction
Status: in_force

The Department of Public Safety, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the state where a boiler is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler is being constructed and installed in accordance with the provisions of this chapter.

Source: SL 1973, ch 229, § 14; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-26-13 — SD Code / Title 34 / Chapter 26 / Section 34-26-13
Unauthorized dissection of body as misdemeanor
Status: in_force

Every person who makes or procures to be made any dissection of the body of a human being, except by authority of law or in pursuance of a permission given by the decedent, is guilty of a Class 1 misdemeanor.

Source: PenC 1877, § 352; CL 1887, § 6553; RPenC 1903, § 357; RC 1919, § 3871; SDC 1939, § 13.1417; SL 1977, ch 190, § 68.
S.D. Codified Laws § 34-20B-16 — SD Code / Title 34 / Chapter 20B / Section 34-20B-16
Substances included in Schedule II
Status: in_force

Any of the following substances, including their salts, isomers, and salts of isomers, is included in Schedule II except those narcotic drugs listed in other schedules, whether produced directly or indirectly by extraction from substances of vegetable origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

(1) Opium (except when it meets the requirements of subdivision 34-20B-23 (7) or 34-20B-26 (5)), coca leaves, and opiate;

(2) Any salt, compound, derivative, or preparation of opium, coca leaves (including cocaine), or opiate, excluding apomorphine, dextrorphan, naloxone, naloxegol, naldemedine, nalbuphine, nalmefene, naltrexone, 6ß-naltrexol, and samidorphan;

(3) Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivisions (1) and (2), except that these substances may not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; and may not include the isoquinoline alkaloids of opium;

(4) Opium poppy and poppy straw;

(5) Amphetamine;

(6) Methamphetamine;

(7) Amobarbital;

(8) Pentobarbital;

(9) Secobarbital;

(10) Methylphenidate;

(11) Phenmetrazine;

(12) Etorphine;

(13) Diprenorphine;

(14) Deleted by SL 2000, ch 170, § 1;

(15) Nabilone;

(16) Glutethimide;

(17) Phencyclidine immediate precursors:

(a) 1-phenylcyclohexylamine;

(b) 1-piperidinocyclohexanecarbonitrile (PCC);

(18) Lisdexamfetamine, its salts, isomers, and salts of its isomers;

(19) Tapentadol; and

(20) Dronabinol [(-)-delta-9-trans tetrahydrocannabinol] in an oral solution in a drug product approved for marketing by the United States Food and Drug Administration.

Source: SL 1970, ch 229, § 8 (b) (1); SDCL Supp, § 39-17-59; SL 1977, ch 315, § 4; SL 1978, ch 249, § 1; SL 1981, ch 13, § 9; SL 1981, ch 261, § 1; SL 1985, ch 278, § 51; SL 1986, ch 284; SL 1987, ch 255, § 3; SL 1992, ch 245, § 1; SL 1993, ch 247, § 2; SL 2000, ch 170, § 1; SL 2008, ch 170, § 1, eff. Feb. 13, 2008; SL 2010, ch 174, § 2, eff. Feb. 24, 2010; SL 2012, ch 183, § 2, eff. Feb. 23, 2012; SL 2015, ch 180, § 2, eff. Feb. 18, 2015; SL 2016, ch 175, § 3, eff. Feb. 18, 2016; SL 2018, ch 203, § 3, eff. Feb. 8, 2018; SL 2021, ch 144, § 4, eff. Feb. 17, 2021; SL 2022, ch 109, § 3, eff. Feb. 9, 2022.
S.D. Codified Laws § 34-1-17 — SD Code / Title 34 / Chapter 1 / Section 34-1-17
Orders, rules, and licensing for protection of public health--Matters covered
Status: in_force

The Department of Health may adopt and enforce, subject to chapter 1-26 , orders and rules necessary to preserve and protect the public health and may regulate, by requiring licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of the following matters:

(1) The manufacture into articles of commerce, other than food, of diseased, tainted, or decayed animal or vegetable matter;

(2) The location of cemeteries and the removal and burial of the dead;

(3) The management of lying-in houses and boarding places for infants, and the treatment of infants therein;

(4) The construction and equipment, in respect to sanitary conditions, of schools, hospitals, prisons, and other public institutions;

(5) The treatment in hospitals and elsewhere of persons suffering from any communicable disease, the disinfection and quarantine of persons and places in case of disease, and the reporting of sickness and deaths from disease;

(6) The distribution of biological products to be used for the prevention and treatment of communicable diseases;

(7) The diagnosis, control, and treatment of tuberculosis; and

(8) The minimum sanitation requirements for tattooing, saline tattoo removal, and body piercing as defined in § 9-34-17 , including premises, equipment, methods of operation, and freedom from communicable disease.

Source: SDC 1939, § 27.0104 (3); SL 1949, ch 105, § 5; SDC Supp 1960, § 27.0104 (4); SL 1963, ch 380, § 10; SL 1972, ch 15, §§ 3, 4; SL 1987, ch 29, § 65; SL 1992, ch 239, § 1; SL 1995, ch 189, § 2; SL 2019, ch 55, § 2.
S.D. Codified Laws § 34-44-8 — SD Code / Title 34 / Chapter 44 / Section 34-44-8
Duty of owner, operator, etc., to specify in bid document whether project involved asbestos-containing materials--Violation as misdemeanor
Status: in_force

An owner, operator, or person responsible for soliciting bids, proposals, or quotations for any project, as provided in this chapter unless such project work is exempt under applicable state and federal law, shall, as part of the bid document, specify whether the project does or does not involve asbestos - containing materials including the type, location, and quantity of any asbestos - containing materials. A violation of this section is a Class 1 misdemeanor.

Source: SL 1988, ch 284, § 6A; SL 1990, ch 280, § 4.
S.D. Codified Laws § 34-25-16.4 — SD Code / Title 34 / Chapter 25 / Section 34-25-16.4
Sealing of original birth certificate and adoption information--Opening of sealed materials
Status: in_force

When a new certificate of birth is established pursuant to §§ 34-25-15 to 34-25-16.2 , inclusive, the original certificate of birth together with the adoption information or other evidence upon which a new certificate is made must be sealed, filed, and may not be opened except by the secretary of health for purposes of properly administering the vital registration system, by the child or adoptee upon reaching age eighteen, or upon order of a court of competent jurisdiction.

Source: SL 1939, ch 168, § 12; SDC 1939, § 27.0218 as added by SL 1947, ch 121, § 2; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL, §§ 34-25-15, 34-25-16; SL 1972, ch 194, § 21; SL 2023, ch 83, § 2.
S.D. Codified Laws § 34A-6-87.1 — SD Code / Title 34A / Chapter 6 / Section 34A-6-87.1
Disposal of tire waste--Collection or processing sites--Penalties for violations
Status: in_force

Any person hauling or transporting any waste tire as defined in subdivision 34A-6-61(25), originating from a wholesaler or retailer shall ensure the proper disposal of the waste tire at a department approved waste tire collection or processing site, or that it is used in some other manner approved by the department. The board may promulgate rules, pursuant to chapter 1-26 , setting forth the requirements and procedures for department approval of waste tire collection, processing sites, or other approved uses for waste tires. Any waste tire hauler or transporter who intentionally disposes of any waste tire in a manner inconsistent with the provisions of this section is subject to a civil action by the State of South Dakota in circuit court for the recovery of a civil penalty of not more than ten thousand dollars per day per violation, or for costs to clean up sites not approved, or both. The violator is also subject to the criminal penalties provided for in § 34A-6-87 .

Source: SL 1998, ch 202, § 1.
S.D. Codified Laws § 34-23A-94 — SD Code / Title 34 / Chapter 23A / Section 34-23A-94
Informational video--Abortion law
Status: in_force

On or before September 1, 2024, the Department of Health shall create a video and other materials that describe:

(1) The state's abortion law and acts that do and do not constitute an abortion;

(2) The most common medical conditions that threaten the life or health of a pregnant woman;

(3) The generally accepted standards of care applicable to the treatment of a pregnant woman experiencing life-threatening or health-threatening medical conditions; and

(4) The criteria that a practitioner, exercising reasonable medical judgment, might use in determining the best course of treatment for a pregnant woman experiencing life-threatening or health-threatening medical conditions and for her unborn child.

In creating the video and other materials described in this section, the department shall consult with the attorney general and stakeholders having medical and legal expertise. Upon completion, the department shall make the video and materials available on its website.

Source: SL 2024, ch 142, § 1.
S.D. Codified Laws § 34-18-27.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-27.1
Grounds for denial, suspension, or revocation of license
Status: in_force

The department may deny any application or suspend or revoke any license issued under the provisions of this chapter on any of the following grounds:

(1) Commission of fraud or willful misrepresentation in the application for or in obtaining a license;

(2) Commission, or permitting, aiding, or abetting in the commission, of any unlawful act in a lodging establishment, campground, food service establishment, or mobile food service establishment;

(3) Conduct or practices detrimental to the public health, safety, or welfare;

(4) Failure to allow department inspections authorized under §§ 34-18-24 and 34-18-27.3 or necessary follow-up inspections;

(5) Violation by the applicant or licensee of any of the provisions of this chapter or of the rules promulgated thereunder;

(6) Failure to remit follow-up inspection fees pursuant to § 34-18-26.1 .

Source: SL 1986, ch 281, § 8; SL 1991, ch 276, § 2.
S.D. Codified Laws § 34A-1-58 — SD Code / Title 34A / Chapter 1 / Section 34A-1-58
Annual fee--Calculation--Annual adjustment of fee--Use of proceeds--Existing sources of pollution--Written notice from department
Status: in_force

Concurrent with the submittal of a permit application pursuant to this chapter and annually for the duration of the permit, the applicant shall submit to the department a fee not to exceed twenty-five dollars per ton of each regulated pollutant as determined by the provisions of Title V of the Federal Clean Air Act, 42 U.S.C. 7401 et seq. as amended to January 1, 2011, or a lesser amount as set by the secretary by rules promulgated pursuant to chapter 1-26 . The secretary may exclude any amount of regulated pollutant emitted by any source in excess of four thousand tons per year in determining the amount of fee required for any operating source. The secretary shall develop a fee structure which equitably assesses an annual fee for administration costs and an annual fee based on emissions, the sum of which covers the estimated total costs of administering a delegated state air quality program. The secretary shall, by rules promulgated pursuant to chapter 1-26 , annually adjust the fee, if necessary, in accordance with the consumer price index for that calendar year. The fee shall be used to cover the reasonable costs, both direct and indirect, of developing and administering the permitting requirements in this chapter, including the reasonable costs of:

(1) Reviewing and acting on any application for a permit or permit revision;

(2) Implementing and enforcing the terms and conditions of the permit if the permit is issued. This amount does not include any court costs or other costs associated with any enforcement action;

(3) Emissions and ambient monitoring, including adequate resources to audit and inspect source-operated monitoring programs;

(4) Preparing generally applicable regulations or guidance;

(5) Modeling, analysis, or demonstrations;

(6) Preparing inventories and tracking emissions; and

(7) Providing support to sources under the small business stationary source technical and environmental compliance assistance program.

For any existing source of air contaminants that is subject to Title V of the Federal Clean Air Act, 42 U.S.C. 7401, et seq., as amended to January 1, 2011, and that is not required to hold an air quality permit from the department as of January 1, 1992, the board may, as a condition of continued operation, require by rules promulgated pursuant to chapter 1-26 that the owner or operator of the source pay the annual fee provided for in this section. Nothing in this section allows the department to charge any one source of air contaminants more than one annual fee that is designed to cover the costs identified in this section. The department shall give written notice of the amount of the fee to be assessed and the basis for the assessment under this section to the owner or operator of the air contaminant source. The fee levied in this section is in addition to all other fees and taxes levied by law.

Source: SL 1992, ch 254, § 73; SL 2011, ch 165, § 33.
S.D. Codified Laws § 34-18-1 — SD Code / Title 34 / Chapter 18 / Section 34-18-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Campground," a plot of ground for public use upon which two or more campsites are located, established, maintained, advertised, or held out to the public to be a place where camping units can be located and occupied as temporary living quarters for children or adults, or both. Camping units are considered to be trailers, tent campers, campers, tents, recreational park trailers, or other equipment that may be used by the public at individual campsites located at campgrounds or areas used by the public as campgrounds;

(2) "County fair," any fair or celebration operated by any county of this state and under the supervision of a county fair board, county fair association, or the county board of commissioners;

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

(4) "Food," any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption;

(5) "Food service establishment," any fixed restaurant; coffee shop; cafeteria; short-order café; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; catering kitchen; delicatessen; bakery; grocery store; boardinghouse; or similar place in which food or drink is prepared for sale or for service to the public on the premises or elsewhere with or without charge;

(6) "Hotel," any hotel, motel, lodge, resort, cabins, building, or buildings with more than ten rental units which is used to provide sleeping accommodations for a charge to the public;

(7) "Lodging establishment," any building or other structure and property or premises kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are furnished for pay to two or more transient guests. The term includes hotels, motels, cabins, bed and breakfast establishments, lodges, vacation home establishments, dude ranches, and resorts;

(8) "Mobile food service establishment," any mobile unit in which food or drink is prepared for sale or for service to the public with or without charge;

(9) "Nonprofit organization," any governmental organization, church, fraternal, social, school, youth, or other similar organization that is organized and operated for a common good and not for the specific monetary gain of any person or persons;

(10) "Owner," the operator, agent, proprietor, manager, or licensee whether it be a person, firm, corporation, limited liability company, or association;

(11) "Rental unit," any room, cabin, or other quarters that may be rented to a guest for sleeping accommodations;

(12) "Secretary," the secretary of the Department of Health;

(13) "Specialty resort," any bed and breakfast establishment, lodge, dude ranch, resort, building, or buildings used to provide accommodations or recreation for a charge to the public, with no more than ten rental units for up to an average of twenty guests per night and in which meals are provided to only the guests staying at the specialty resort;

(14) "State Fair," the fair at Huron, South Dakota, operated by the Department of Agriculture and Natural Resources;

(15) "Temporary food service establishment," any food service establishment which operates at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering;

(16) "Transient guest," any person who resides in a lodging establishment less than four consecutive calendar weeks;

(17) "Vacation home establishment," any home, cabin, or similar building that is rented, leased, or furnished in its entirety to the public on a daily or weekly basis for more than fourteen days in a calendar year and is not occupied by an owner or manager during the time of rental. This term does not include a bed and breakfast establishment as defined in subdivision 34-18-9.1 (1);

(18) "Water recreational facility," any artificial basin of water located at a facility licensed pursuant to chapter 34-18 constructed, installed, modified, or improved for the purpose of swimming, wading, diving, or recreation, including swimming pools, spas, hot tubs, and water slides.

Source: SDC 1939, §§ 27.1702 to 27.1705; SL 1963, ch 158, § 2; SL 1970, ch 199, § 1; SL 1994, ch 351, § 60; SL 1996, ch 213, §§ 6, 7; SL 2008, ch 53, § 5; SL 2008, ch 172, § 1; SL 2009, ch 165, § 1; SL 2014, ch 164, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-12G-9 — SD Code / Title 34 / Chapter 12G / Section 34-12G-9
Program participant to be medical assistance provider
Status: in_force

Any person participating in the program established pursuant to the provisions of §§ 34-12G-1 to 34-12G-9 , inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any individual eligible under chapter 28-6 and may not refuse treatment to any such individual while participating in the program.

Source: SL 2012, ch 179, § 9.
S.D. Codified Laws § 34A-2-64 — SD Code / Title 34A / Chapter 2 / Section 34A-2-64
Order not stayed by appeal--Findings required to grant stay
Status: in_force

Notwithstanding the provisions of § 1-26-32 , an appeal may not stay the effectiveness of any order of the board, unless the court finds that there is probable cause to believe that refusal to grant a stay will cause serious harm to the affected party, and that the threatened violation or violation will not continue or, if it does continue, any harmful effects on waters will be remedied immediately on the cessation of the violation.

Source: SL 1973, ch 280, § 12 (3); SDCL Supp, § 46-25-80; SL 1988, ch 285, § 28.
S.D. Codified Laws § 34-21-34 — SD Code / Title 34 / Chapter 21 / Section 34-21-34
Procedure on license matters
Status: in_force

In any proceeding under this chapter for the granting, suspending, revoking, or amending any license, the agency shall be subject to chapter 1-26 .

Source: SL 1967, ch 107, § 5 (a); SL 1972, ch 15, § 4.
S.D. Codified Laws § 34A-2-56 — SD Code / Title 34A / Chapter 2 / Section 34A-2-56
Respondent's request for hearing on violation--Time of filing--Time of hearing
Status: in_force

If the secretary does not require an alleged violator to appear for a public hearing pursuant to § 34A-2-54 , the alleged violator may request the board to conduct such a hearing. Such request shall be in writing and shall be filed with the board no later than thirty days after service of a notice under § 34A-2-53 . If such a request is filed, a hearing shall be held within forty - five days.

Source: SL 1973, ch 280, § 11 (3); SDCL Supp, § 46-25-72; SL 1988, ch 285, § 21.
S.D. Codified Laws § 34A-1-6 — SD Code / Title 34A / Chapter 1 / Section 34A-1-6
Promulgation of rules--Purpose--Violation
Status: in_force

The Board of Minerals and Environment may promulgate rules pursuant to chapter 1-26 :

(1) To establish ambient air quality standards;

(2) To specify kind and composition of fuel sold, stored, or used;

(3) To establish requirements for open burning;

(4) To require records and maintenance of records, reports, install, use, and maintain monitoring equipment;

(5) To establish methods including sampling of emissions for air pollution sources;

(6) To establish requirements for methods and installation of machines or devices to prevent or significantly reduce air emissions;

(7) To establish procedures for attainment and maintenance of ambient air quality standards;

(8) To monitor ambient air quality;

(9) To establish procedures for variances and renewal of variances; and

(10) To establish air quality standards, requirements and procedures related to incinerators for municipal solid waste.

A violation of the rules promulgated pursuant to this section is subject to § 34A-1-39 .

Source: SL 1970, ch 203, § 5 (1); SDCL Supp, § 34-16A-12; SL 1977, ch 280, § 4; SL 1980, ch 238, § 10; SL 1990, ch 283, § 1; SL 1992, ch 158, § 6A.
S.D. Codified Laws § 34A-13-24 — SD Code / Title 34A / Chapter 13 / Section 34A-13-24
Failure to pay fee as misdemeanor--Subsequent violation as felony
Status: in_force

If a party required to pay the fee imposed by § 34A-13-20 on the date due fails to do so, the party is guilty of a Class 1 misdemeanor. Each subsequent violation of this section is a Class 6 felony if the violation occurs within eighteen months of a previous violation.

Source: SL 1988, ch 290, § 24; SL 1991, ch 294, § 11; SL 1995, ch 71, § 193.
S.D. Codified Laws § 34A-2-36.3 — SD Code / Title 34A / Chapter 2 / Section 34A-2-36.3
Permit required for large operations
Status: in_force

If an operation processes or stores manure, or processes or stores process wastewater, as those terms are defined in 40 C.F.R. § 122.23 (January 1, 2023), without coverage under a concentrated animal feeding operation's general or individual water pollution control permit issued pursuant to §§ 34A-2-36 and 34A-2-36 .2, and if the maximum number of permitted or unpermitted animals from which manure or process wastewater is processed or stored would meet the definition of a large concentrated animal feeding operation, under 40 C.F.R. § 122.23 (January 1, 2023), that operation must obtain its own general or individual water pollution permit pursuant to § 34A-2-36 .

Source: SL 2023, ch 131, § 2.
S.D. Codified Laws § 34-25-61 — SD Code / Title 34 / Chapter 25 / Section 34-25-61
Severability of provisions
Status: in_force

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of this chapter; and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, inoperative, or invalid part therein; or if this chapter or any provision thereof shall be held inapplicable to any person or persons, property or kind of property, circumstance or set of circumstances, such holding shall not affect the applicability hereof to any other person, property, or circumstance.

Source: SL 1941, ch 124, § 10; SDC Supp 1960, § 27.0223.
S.D. Codified Laws § 34-8-16 — SD Code / Title 34 / Chapter 8 / Section 34-8-16
Termination of lien for hospital charges
Status: in_force

The lien provided for in § 34-8-15 shall cease at the end of ninety days after the rendering of the last service or the last use of the facilities of such hospital, unless the board of county commissioners shall direct the county auditor to cause to be filed with the register of deeds the verified statement provided for in § 34-8-17 .

Source: SDC 1939, § 27.1906 as added by SL 1957, ch 120.
S.D. Codified Laws § 34-20A-2.1 — SD Code / Title 34 / Chapter 20A / Section 34-20A-2.1
Accredited facility deemed approved
Status: in_force

An accredited prevention or treatment facility as defined in § 34-20A-2 is deemed to be approved by the state for purposes of § 58-18-7.1 .

Source: SL 1985, ch 278, § 58; SL 1989, ch 292, § 3.
S.D. Codified Laws § 34-25-32.5 — SD Code / Title 34 / Chapter 25 / Section 34-25-32.5
Failure to comply as public nuisance
Status: in_force

Any failure to comply with the provisions of §§ 34-25-32.3 to 34-25-32.7 , inclusive, constitutes a public nuisance. Any person, firm, or corporation failing to comply with the provisions of §§ 34-25-32.3 to 34-25-32.7 , inclusive, is guilty of a Class 1 misdemeanor.

Source: SL 1998, ch 208, § 3.
S.D. Codified Laws § 34A-13-53 — SD Code / Title 34A / Chapter 13 / Section 34A-13-53
Promulgation of rules
Status: in_force

The secretary of the Department of Agriculture and Natural Resources may promulgate, pursuant to chapter 1-26 , rules regarding practices and procedures necessary to carry out the provisions of the abandoned tank removal program including the form and procedure for application for qualifying for tank pulling and corrective action.

Source: SL 2000, ch 175, § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 157, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-37-12 — SD Code / Title 34 / Chapter 37 / Section 34-37-12
Sales or shipment by wholesaler or manufacturer to persons outside of state--Violation as misdemeanor
Status: in_force

Nothing in this chapter prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, fireworks to any person outside this state, consistent with 18 U.S.C. § 836, effective on January 1, 2019. Any delivery of fireworks may be made by a certified motor carrier as specified in chapter 49-28 or in a vehicle owned or leased by a wholesaler licensee, manufacturer, or fireworks permit holder. A violation of this section is a Class 1 misdemeanor.

Source: SL 1949, ch 41, § 4; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 7; SL 1982, ch 18, § 104; SL 1983, ch 259, § 14; SL 2019, ch 154, § 15, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-20G-7 — SD Code / Title 34 / Chapter 20G / Section 34-20G-7
Persons not subject to arrest, prosecution, penalty, or discipline for certain conduct
Status: in_force

(1) Providing or selling cannabis paraphernalia to a cardholder, nonresident cardholder, or to a medical cannabis establishment;

(2) Being in the presence or vicinity of the medical use of cannabis that is exempt from criminal or civil penalty by this chapter;

(3) Allowing the person's property to be used for an activity that is exempt from criminal or civil penalty by this chapter; or

(4) Assisting a registered qualifying patient with the act of using or administering cannabis.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34A-5-2 — SD Code / Title 34A / Chapter 5 / Section 34A-5-2
Minimum population of district
Status: in_force

No sanitary district may be incorporated which contains less than thirty legal residents, including minors, or less than ten landowners within the proposed district who are also registered voters in the proposed district.

Source: SL 1947, ch 226, § 3; SDC Supp 1960, § 45.3803; SL 1964, ch 144, § 1; SDCL, § 34-17-2; SL 1973, ch 224; SL 1998, ch 36, § 38.
S.D. Codified Laws § 34-23-14 — SD Code / Title 34 / Chapter 23 / Section 34-23-14
Violation as misdemeanor
Status: in_force

Any person who violates any of the provisions of this chapter or any lawful rule or regulation made by the Department of Health pursuant to the authority therein granted, or who shall fail or refuse to obey any lawful order issued by any state, county, or municipal health officer pursuant to the authority granted in this chapter, shall be guilty of a Class 1 misdemeanor.

Source: SL 1919, ch 284, § 6; SDC 1939, § 27.9940; SL 1977, ch 190, § 62.
S.D. Codified Laws § 34-25-52.3 — SD Code / Title 34 / Chapter 25 / Section 34-25-52.3
Free birth certificate with head start enrollment form
Status: in_force

Notwithstanding § 34-25-52 , the department shall provide at no cost a certified copy of any child's birth certificate, limited to one, upon presentation of a copy of a valid head start enrollment form for that child.

Source: SL 1992, ch 247.
S.D. Codified Laws § 34-46-12 — SD Code / Title 34 / Chapter 46 / Section 34-46-12
Tobacco prevention and reduction trust fund
Status: in_force

The tobacco prevention and reduction trust fund is established in the state treasury. Interest earned on money in the fund shall be credited to the fund. Any money from gifts, grants, or other funds may be deposited in the fund. The principal and interest may be appropriated by the Legislature from the fund. The fund shall be invested according to §§ 4-5-23 and 4-5-26 .

Source: SL 2000, ch 174, § 6.
S.D. Codified Laws § 34-11-12.2 — SD Code / Title 34 / Chapter 11 / Section 34-11-12.2
Hardship exemption--Program director--Procedure--Duration--Appeal--Promulgation of rules--Publication
Status: in_force

If no physician licensed pursuant to chapter 36-4 is available and willing to serve as the medical director, the ambulance service may request a hardship exemption from the department that authorizes the ambulance service to have a program director.

To request a hardship exemption, an ambulance service must file an application with the department that documents the efforts made to obtain a medical director. The department shall grant the hardship exemption if the ambulance service demonstrates, to the satisfaction of the department, that no physician is available and willing to serve as the medical director.

A hardship exemption is valid for one year from the date of issuance. An ambulance service may renew a hardship exemption upon application to the department.

The granting or denial of a hardship exemption may be appealed to circuit court as provided by chapter 1-26 .

The department shall promulgate rules, pursuant to chapter 1-26 , to establish:

(1) The application form for a hardship exemption; and

(2) The standards used to evaluate a request for a hardship exemption.

The department shall post on its website a list of ambulance services granted a hardship exemption under this section.

Source: SL 2024, ch 126, § 6.
S.D. Codified Laws § 34-27-14 — SD Code / Title 34 / Chapter 27 / Section 34-27-14
Violation or failure to maintain records as misdemeanor
Status: in_force

Any person, officer, agent, or employee of any other person or of any corporation or partnership who shall:

(1) Refuse or fail to furnish correctly any information in his possession or shall furnish false information affecting any certificate or record required by this chapter;

(2) Intentionally alter, otherwise than as provided by § 34-25-51 , or falsify any record required by this chapter; or

(3) Being a person, firm, association, church, religious or benevolent society, or corporation, or an employee, officer, or agent thereof, owning or having under his or its control, any cemetery or place of burial, fail, neglect, or refuse to keep and maintain the record of burials as required by this chapter;

Source: SL 1931, ch 267, § 21; SDC 1939, § 27.9902; SL 1941, ch 124, § 8; SL 1977, ch 190, § 72.
S.D. Codified Laws § 34A-11-4 — SD Code / Title 34A / Chapter 11 / Section 34A-11-4
Functions of department and board
Status: in_force

The Department of Agriculture and Natural Resources shall perform all the functions of the former public health advisory committee, the former state health officer, and the Department of Health with respect to the control of hazardous waste management pursuant to this chapter. However, the Board of Minerals and Environment shall perform any quasi - legislative, quasi - judicial, advisory, and special budgetary functions.

Source: SL 1983, ch 262, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-20A-70.2 — SD Code / Title 34 / Chapter 20A / Section 34-20A-70.2
Documents to be sealed--State access to documents--Information not to be used in certain prosecutions
Status: in_force

Any application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court must be sealed and may not be used for the purpose of enforcing the provisions of chapter 22-42 and chapter 22-42 A against the person being committed. Any law enforcement official or prosecuting attorney may petition the circuit court to examine these documents, and the court may allow such examination upon a showing that the purpose of the examination is not to investigate a violation of chapter 22-42 or chapter 22-42 A against the person being committed. Any information obtained from the examination of the application for emergency detainment, petition for commitment, application for commitment, order for a court-appointed examination, or written report to the circuit court may not be used against the person being committed in any prosecution for a violation of chapter 22-42 or chapter 22-42 A.

Source: SL 2003, ch 182, § 1; SL 2023, ch 117, § 7.
S.D. Codified Laws § 34A-5-30 — SD Code / Title 34A / Chapter 5 / Section 34A-5-30
Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain
Status: in_force

The board of trustees may construct and operate storm and sanitary sewers and sewage disposal plants, borrow money, levy taxes and special assessments, and issue bonds. Notwithstanding the provisions of § 34A-5-26 , the board of trustees may borrow money for purposes described in this section and may issue a promissory note or notes for a term of up to twenty years. The board of trustees may exercise the power of eminent domain, but not over existing sewage facilities, water rights, water mains, hydrants, intakes, wells, storage tanks, reservoirs, treatment plants, or any other water facilities.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (7); SL 1964, ch 144, § 7; SL 1966, ch 146, § 1; SDCL, § 34-17-26; SL 1972, ch 192, § 1; SL 1990, ch 285.
S.D. Codified Laws § 34-37-16.1 — SD Code / Title 34 / Chapter 37 / Section 34-37-16.1
Periods during which use of consumer fireworks permitted--Violation as misdemeanor
Status: in_force

Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to January first.

Source: SL 1983, ch 259, § 7; SL 2011, ch 162, § 3; SL 2013, ch 162, § 1; SL 2019, ch 154, § 21, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-20A-108 — SD Code / Title 34 / Chapter 20A / Section 34-20A-108
Duty or standard of care regarding opioid antagonists unaffected
Status: in_force

The provisions of §§ 34-20A-104 to 34-20A-108 , inclusive, do not establish a duty or standard of care with respect to the decision of whether to prescribe, dispense, or administer an opioid antagonist.

Source: SL 2016, ch 174, § 5.
S.D. Codified Laws § 34A-16-19 — SD Code / Title 34A / Chapter 16 / Section 34A-16-19
Power to contract for operation and improvement of facilities
Status: in_force

The district may construct, equip, develop, enlarge, improve, and operate solid waste facilities and services as it deems necessary and may negotiate contracts for the use of public or private facilities and services. The district may contract with any person, municipality, county, or other district for the construction, maintenance, and operation of, or for the provision of, facilities and services either within or without its boundaries if the commissioners of the district determine the facilities and services are adequate and available for use.

Source: SL 1993, ch 259, § 21.