S.D. Codified Laws § 34A-13-1 — SD Code / Title 34A / Chapter 13 / Section 34A-13-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Abandoned site," any release site on which none of the tanks have been used for the intentional storage of petroleum after April 1, 1988;

(2) "Asset value," with respect to valuation of amounts on deposit in or credited to any account or fund, the amount of cash on deposit in or credited to the account or fund plus the lesser of the cost or the face amount of any investments or other obligations on deposit in or credited to the account or fund;

(3) "Backfill area," the space containing the tank system and supporting material bounded by the ground surface, the sides and bottom of the pit, and the trenches into which the product lines for the tank system were placed at the time of installation;

(4) "Corrective action," a necessary and reasonable action taken pursuant to an approved plan to minimize, contain, eliminate, remediate, mitigate or clean up, or monitor a release, including remedial emergency measures as defined in the regulated substance cleanup act, but does not include any action taken in excess of minimum environmental standards established by the department;

(5) "Covered party," a responsible person, an employee of a responsible person, or any person having legal custody of a responsible person's real property;

(6) "Deductible," the ten thousand dollars, or lesser amount established by the secretary of the department, as an exclusion from reimbursable costs incurred in a corrective action;

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

(8) "Director," the director of the petroleum release compensation fund;

(9) "Petroleum marketer," any person licensed by the Department of Revenue to sell motor fuels, special fuels, or distillates of petroleum within the state;

(10) "Fund," the petroleum release compensation fund;

(11) "Occurrence," any release which is discovered and identified within a twelve-month period and known to have originated from a release site;

(12) "Operator," any person in control of, or having responsibility for, the operation of a tank;

(13) "Owner," any person who holds title to, controls, or possesses any interest in a tank. However, the term does not include a person who holds an interest in a tank solely for financial security, unless, through foreclosure or other related actions, the holder of a security interest has taken possession or control of the tank;

(14) "Person," any individual, partnership, association, public or private corporation, or other legal entity, including the United States government, an interstate commission or other body, the state, or any agency, board, bureau, office, department, or political subdivision of the state;

(15) "Petroleum," gasoline, alcohol blended fuels, diesel fuels, aviation gasoline, jet fuel, fuel oil, kerosene, and burner oil. Products that are specifically excluded from this definition include naphtha, lubricating oils, motor oil, automatic transmission fluid, waste oil, crude oil, oil sludge, oil refuse, and alcohols other than those that have been denatured with gasoline and stored to be used as blended fuel grade ethanol;

(16) "Reimburse," any payment made by the fund to a covered party, the covered party's assignee, or a service provider for work performed or materials supplied, as part of a corrective action or third-party claim;

(17) "Release," any unintentional spilling, leaking, emitting, discharging, escaping, leaching, or disposing of petroleum from a tank into the environment occurring in South Dakota, but does not include discharges or designed venting allowed under adopted rules or under federal or state law or discharges arising out of war, invasion, act of a foreign enemy, hostilities, revolution, earthquake, flood, or other catastrophic disaster occurring due to nature;

(18) "Release site," one continuous property, not separated or divided by a public road or other commonly held boundary, on which the tank or tanks that are the source of the release are located as determined at the time of discovery of the release or as modified based upon subsequent assessment;

(19) "Responsible person," any person who is an owner or operator of a tank at any time during or after a release;

(20) "Service provider," any person providing a service to accomplish a corrective action, including consultants, environmental consultants, engineers, environmental engineers, contractors, excavators, landfill operators, materialmen, and any other person providing goods or services to a covered party pursuant to a written agreement;

(21) "Tank," any one or a combination of containers, vessels, and enclosures, including structures and appurtenances connected to them, that is, or has been, used to contain or dispense petroleum that is either stationary or attached to a motor vehicle. Any vessel or container, in order to be covered by this chapter, shall be used primarily or exclusively to contain petroleum. However, the term does not include any pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. chapter 24, or the Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. chapter 29, as in effect on January 1, 1988, or any tank farms if title to the petroleum has not passed to a distributor licensed in South Dakota;

(22) "Tank pulling," the removal and disposal of backfill material and a tank, excluding the contents of the tank, and the removal and replacement of the surface above the backfill area; and

(23) "Upgrade," any improvement to a release site, including improvements to its fixtures, surface characteristics, and drainage when compared with the site prior to the corrective action, made before, during, or after a corrective action.

Source: SL 1988, ch 290, § 1; SL 1989, ch 310, § 1; SL 1990, ch 292, § 1; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 1991, ch 294, § 1; SL 1992, ch 260, § 1; SL 1994, ch 351, § 73; SL 1995, ch 71, § 189; SL 1995, ch 321 (Ex. Ord. 95-5), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 146, § 2.
S.D. Codified Laws § 34-44-20 — SD Code / Title 34 / Chapter 44 / Section 34-44-20
Training approval requirements
Status: in_force

The approval requirements established by the board under § 34-44-19 shall reflect the level of training that a course provider shall offer to satisfy the certification requirements under § 34-44-10 and the certification requirements under § 34-44-14 .

Source: SL 1988, ch 284, § 18.
S.D. Codified Laws § 34A-2-49 — SD Code / Title 34A / Chapter 2 / Section 34A-2-49
Grounds for revocation, suspension, or modification of permit
Status: in_force

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

(1) Violation of any condition of the permit;

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

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

Source: SL 1973, ch 280, § 9 (5); SDCL Supp, § 46-25-65; SL 2011, ch 165, § 47.
S.D. Codified Laws § 34-37-17 — SD Code / Title 34 / Chapter 37 / Section 34-37-17
Enforcement of chapter
Status: in_force

The Department of Public Safety, together with any law enforcement agency of the state or any political subdivision of the state, shall enforce this chapter.

Source: SL 1964, ch 31, § 9; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154, § 23, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-27-12 — SD Code / Title 34 / Chapter 27 / Section 34-27-12
Supervision of burial record system by Department of Health--Enforcement powers
Status: in_force

For the purpose of locating the exact grave or burial space and the compiling and maintenance of an adequate and uniform burial-record system of the burials of all deceased persons, now located, together with all subsequent burials, within all cemeteries in the State of South Dakota, including the graves of veterans of the armed forces of the United States, including the allies, confederate veterans, and war nurses in the time of war and veterans as defined by § 33A-2-1 , and making available such records for reporting to the United States government under the provisions of the federal laws, respecting the erection of government headstones at the graves of such veterans or war nurses of the Army of the United States, the Department of Health shall have charge of and shall supervise the registration of all burials in each registration district, and shall prepare the necessary instructions for obtaining, preserving as a permanent record, and maintaining the registration of all burials, by the registrar of each registration district, and by all individuals, associations, churches, religious and benevolent societies, and all public or private corporations, within this state, having under their care or control any cemetery or place of burial. The said department shall be charged with the uniform and thorough enforcement of the law throughout the state and the Department of Health shall from time to time, in compliance with chapter 1-26 , make such rules and regulations, not inconsistent with the laws of this state, necessary for the carrying out of such registration.

Source: SL 1931, ch 267, § 1; SDC 1939, § 27.0201; SL 1941, ch 124, § 1; SL 1945, ch 103, § 1; SL 1972, ch 15, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 20, eff. Apr. 12, 2011.
S.D. Codified Laws § 34A-2B-3 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-3
Expenditure of funds by secretary
Status: in_force

If necessary in the performance of duties under the environmental statutes in Title 34A, the secretary may expend money from the environmental livestock cleanup fund to provide for the costs of investigations, emergency remedial efforts, corrective actions, and managerial or administrative activities associated with such activities resulting from a discharge. The secretary's use of the environmental livestock cleanup fund shall be based upon the following:

(1) In the case of an investigation, when the secretary determines that a discharge has probably occurred and that the general operating budget of the department for such purposes is not adequate to cover the costs of the necessary investigatory activities;

(2) In the case of an emergency remedial effort, when the secretary determines that a discharge has occurred and that corrective actions shall be immediately undertaken to protect an imminent threat to the public health or safety or to contain a discharge which, if not immediately contained, will in time pose a significantly greater threat to public health or safety or to the environment of this state than if such action is not immediately taken;

(3) In the case of a discharge not of an emergency nature when the secretary determines that a discharge has occurred, that a responsible party or liability fund capable of performing the corrective actions either cannot be identified or refuses to undertake corrective actions, and that corrective actions shall be undertaken to protect the public health, safety, welfare, or environment of the state; or

(4) In the case of corrective action required at a livestock operation when the secretary determines that the potential for a discharge exists, that an owner, operator, or liability fund capable of performing the corrective actions either cannot be identified, refuses or is unable to undertake corrective actions, and that corrective action must be undertaken to protect against an imminent threat to the public health, safety, welfare, or environment of the state.

Source: SL 1998, ch 216, § 6.
S.D. Codified Laws § 34-26-62 — SD Code / Title 34 / Chapter 26 / Section 34-26-62
Coordination of procurement and use
Status: in_force

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

Source: SL 2007, ch 197, § 15.
S.D. Codified Laws § 34-22-12 — SD Code / Title 34 / Chapter 22 / Section 34-22-12
Mandatory communicable disease reports from physicians, laboratories, and institutions--State tuberculosis register--Surveillance and control--Adoption of rules
Status: in_force

The State Department of Health shall provide for the collection and processing of mandatory reports of identifiable and suspected cases of communicable disease, communicable disease carriers, and laboratory tests for communicable disease carriers, from all physicians, hospitals, laboratories, and institutions. The State Department of Health shall maintain a complete case register of tuberculosis suspects, active and presumably active cases, tuberculosis contacts, and arrested or presumably arrested cases. The State Department of Health shall provide information necessary for disease surveillance and control. To implement this section, the State Department of Health may adopt, pursuant to chapter 1-26 , rules specifying the methods by which disease reports shall be made, the contents and timeliness of such reports, and diseases which shall be considered in such reports.

Source: SL 1963, ch 380, § 5 (6); SL 1978, ch 251, §§ 1, 2.
S.D. Codified Laws § 34A-12-13.1 — SD Code / Title 34A / Chapter 12 / Section 34A-12-13.1
Authority to establish and enforce remediation requirements
Status: in_force

Nothing in this chapter limits the authority of the department to establish environmental standards for remediation of air, soil, or water pollution pursuant to Title 34A, or to enforce site specific environmental remediation requirements in particular cases. This section does not limit the fund's authority to determine what constitutes reasonable and necessary expense in a corrective action.

Source: SL 1992, ch 260, § 25.
S.D. Codified Laws § 34-29A-47 — SD Code / Title 34 / Chapter 29A / Section 34-29A-47
Enforcement actions
Status: in_force

The secretary of public safety, or his designee, shall take action necessary for the enforcement of the laws of the state governing the use of boilers to which this chapter applies and of the rules and regulations of the Department of Public Safety.

Source: SL 1973, ch 229, § 8 (1); SL 1982, ch 18, § 69; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-21-2 — SD Code / Title 34 / Chapter 21 / Section 34-21-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) By - product material, any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material;

(2) General license, a license effective pursuant to regulations promulgated by the agency, without the filing of any application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing by - product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially;

(3) Nuclear energy, all forms of energy released in the course of nuclear fission or nuclear transformation;

(4) Person, any individual, corporation, limited liability company, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto;

(5) Radiation machine, any device that produces radiations when the associated control devices are activated;

(6) Radiation or ionizing radiation, gamma rays or X rays, alpha and beta particles, high - speed electrons, neutrons, protons, and other nuclear particles; but not sound or radio waves, or visible, infrared or ultraviolet light;

(7) Radioactive material, any material, solid, liquid, or gas which emits radiation spontaneously;

(8) Source material:

(a) Uranium, thorium, or any other material which the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration; or

(b) Ores containing one or more of the foregoing materials, in such concentration as the agency declares by order to be source material. United States Nuclear Regulatory Commission determination that a material is a source material shall be considered as evidence in the agency declaration;

(9) Sources of ionizing radiation, any radioactive materials or any device or equipment emitting or capable of producing ionizing radiation;

(10) Special nuclear material:

(a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the agency declares by order to be special nuclear material. United States Nuclear Regulatory Commission determination that a material is special nuclear material shall be considered as evidence in the agency declaration; or

(b) Any material artificially enriched by any of the foregoing, but does not include source material;

(11) Specific license, a license, issued after application, to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing by - product, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.

Source: SL 1957, ch 122, § 2; SDC Supp 1960, § 27.17A02; SL 1967, ch 107, § 1; SL 1978, ch 250, §§ 1, 2; SL 1994, ch 351, § 62.
S.D. Codified Laws § 34A-2-40 — SD Code / Title 34A / Chapter 2 / Section 34A-2-40
Recording, reporting and inspection conditions in permit to discharge
Status: in_force

The secretary, in accordance with rules promulgated by the board pursuant to chapter 1-26 , may prescribe terms and conditions for permits issued under this chapter to ensure compliance with applicable state and federal effluent standards and water quality standards, including requirements concerning recording, reporting, monitoring, entry, and inspection to the extent allowed under this chapter.

Source: SL 1973, ch 280, § 9 (3) (b); SDCL Supp, § 46-25-56; SL 1988, ch 285, § 10; SL 1993, ch 256, § 19.
S.D. Codified Laws § 34-48A-33 — SD Code / Title 34 / Chapter 48A / Section 34-48A-33
State financial assistance paid from special emergency and disaster special revenue fund--Vouchers
Status: in_force

The state financial assistance provided by § 34-48A-32 may be paid and advanced from the funds appropriated to the special emergency and disaster special revenue fund upon vouchers executed by the county treasurer and approved by the secretary.

Source: SL 1969, ch 247, § 4; SL 1977, ch 271, § 29; SL 2004, ch 17, § 198; SDCL § 33-15-24.5 .
S.D. Codified Laws § 34-23A-60 — SD Code / Title 34 / Chapter 23A / Section 34-23A-60
Civil action for failure to comply with §§34-23A-56and34-23A-57
Status: in_force

Any woman who undergoes an abortion, or her survivors, where there has been an intentional, knowing, or negligent failure to comply with the provisions of §§ 34-23A-56 and 34-23A-57 may bring a civil action, and obtain a civil penalty in the amount of ten thousand dollars, plus reasonable attorney's fees and costs, jointly and severally from the physician who performed the abortion and the abortion facility where the abortion was performed.

This amount shall be in addition to any damages that the woman or her survivors may be entitled to receive under any common law or statutory provisions, to the extent that she sustains any injury. This amount shall also be in addition to the amounts that the woman or other survivors of the deceased unborn child may be entitled to receive under any common law or statutory provisions, including but not limited to the wrongful death statutes of this state.

Source: SL 2011, ch 161, § 8.
S.D. Codified Laws § 34-39-3.1 — SD Code / Title 34 / Chapter 39 / Section 34-39-3.1
Department to administer chapter
Status: in_force

The department shall perform the functions required by this chapter.

Source: SL 1973, ch 2, § 54; SL 1979, ch 5, § 2; SL 2003, ch 272 (Ex. Ord. 03-1, § 23; SL 2004, ch 17, § 227; SL 2016, ch 183, § 4.
S.D. Codified Laws § 34-27-6 — SD Code / Title 34 / Chapter 27 / Section 34-27-6
Burial record book required of cemetery--Indexes--Ownership records--Official inspection
Status: in_force

All copies of burial or removal permits shall be retained by the person in charge of any cemetery, or place of burial, and filed by him as a permanent record of such cemetery, and he shall forthwith make an exact copy of each burial or removal permit in a "burial record book," together with such additional information as may be prescribed by the secretary of health; such "burial record book" shall contain an alphabetical index, listing by name, all deceased persons interred or buried in the cemetery. Such cemetery burial record shall also provide a numerical or tract index, to be maintained by designating and numbering consecutively, each burial or removal permit, such permit number to be marked or noted on the individual grave space upon the cemetery plat or map, wherein such interment is or was made. Such person or cemetery officials shall also keep and maintain as a permanent record, the name and address of all grantees and a description of each cemetery subdivision, lot, or grave space, to whom such title has been conveyed or where certain areas have been reserved for special purposes. All such burial records together with the cemetery plat or map, shall at all times be open to official inspection.

Source: SL 1931, ch 267, § 10; SDC 1939, § 27.0214; SL 1941, ch 124, § 4; SDC Supp 1960, § 27.0214 (2).
S.D. Codified Laws § 34-20D-2 — SD Code / Title 34 / Chapter 20D / Section 34-20D-2
Purchase of packages containing pseudoephedrine or ephedrine--Number in single transaction limited--Exception--Misdemeanor
Status: in_force

No person may purchase, in a single transaction, more than two packages containing pseudoephedrine or ephedrine as an active ingredient. This restriction does not apply to purchases made with a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority. Any person who purchases packages containing pseudoephedrine or ephedrine in violation of this section is guilty of a Class 1 misdemeanor.

Source: SL 2005, ch 178, § 2; SL 2006, ch 181, § 2.
S.D. Codified Laws § 34-44-4 — SD Code / Title 34 / Chapter 44 / Section 34-44-4
Training requirements--Sublevels of contractors and workers
Status: in_force

In establishing the training requirements under § 34-44-3 , the board shall adopt appropriate training requirements that reflect the different levels of responsibility of the asbestos contractor or worker, so that within the category of asbestos contractor, sublevels shall be separately certified or exempted and within the category of worker, sublevels shall be separately certified or exempted.

Source: SL 1988, ch 284, § 3.
S.D. Codified Laws § 34A-16-1 — SD Code / Title 34A / Chapter 16 / Section 34A-16-1
Creation of a regional recycling and waste management district
Status: in_force

Any municipality, county, or portion of a county within this state and any one or more other municipalities, counties, or portions of counties within this state may create a regional recycling and waste management district, which may provide facilities and services pursuant to this chapter for the management of solid waste as defined in § 34A-6-1.3 . A district may exercise its powers upon filing with the secretary of state a notice of incorporation pursuant to chapter 6-10 . A county may be divided into more than one regional recycling and waste management district; however, a municipality may only be included in a district if the entire area of the municipality lies within the district. No geographical area may be included in more than one regional recycling and waste management district, and the lands within a district need not be contiguous, provided that no more than one hundred twenty miles may intervene between noncontiguous areas. The creation of a regional recycling and waste management district shall be authorized by approval of the district's proposed articles of incorporation through a resolution of the governing body of each county and municipality listed in the proposed articles as being necessary for incorporation of the district. No county or municipality may be included in a district unless its governing body has adopted an authorizing resolution pursuant to this chapter.

Source: SL 1993, ch 259, § 1.
S.D. Codified Laws § 34-37-4 — SD Code / Title 34 / Chapter 37 / Section 34-37-4
Possession, sale, or use of unauthorized fireworks--Misdemeanor
Status: in_force

Except as provided in § 34-37-12 , a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks.

Source: SL 1949, ch 41, § 1; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 2; SL 1977, ch 190, § 103; SL 2019, ch 154, § 5, eff. Mar. 20, 2019.
S.D. Codified Laws § 34-48A-39 — SD Code / Title 34 / Chapter 48A / Section 34-48A-39
County emergency management organizations
Status: in_force

Each organized county of this state shall establish a local organization and develop an emergency plan for emergency management in accordance with the state emergency management plan and program.

Source: SL 1949, ch 236, § 8; SL 1951, ch 285, § 8; SL 1953, ch 288, § 5; SDC Supp 1960, § 41.01C07 (1); SL 1977, ch 271, § 18; SL 1992, ch 236, § 14; SDCL § 33-15-26 .
S.D. Codified Laws § 34-20B-20.3 — SD Code / Title 34 / Chapter 20B / Section 34-20B-20.3
Medetomidine--Schedule III--Exceptions
Status: in_force

Any material, compound, mixture, or preparation that contains medetomidine is a Schedule III controlled drug or substance, except in the following cases:

(1) Dispensing, prescribing, or administering, to an animal, a drug that contains medetomidine and has been approved by the United States secretary of health and human services under 21 U.S.C. § 360b (January 1, 2026);

(2) Dispensing, prescribing, or administering medetomidine to an animal, as permissible under 21 U.S.C. § 360b(a)(4) (January 1, 2026);

(3) Manufacturing, distributing, or using medetomidine as an active pharmaceutical ingredient for manufacturing an animal drug:

(a) Approved under 21 U.S.C. § 360b (January 1, 2026); or

(b) Issued an investigational use exemption under 21 U.S.C. § 360b(j) (January 1, 2026);

(4) Manufacturing, distributing, or using a medetomidine bulk chemical for pharmaceutical compounding by a licensed pharmacist or veterinarian; or

(5) Any other use approved or permissible under 21 U.S.C. §§ 301 to 399i, inclusive (January 1, 2026).

Source: SL 2026, ch 150, § 1.
S.D. Codified Laws § 34-23A-10.1 — SD Code / Title 34 / Chapter 23A / Section 34-23A-10.1
Voluntary and informed consent required--Medical emergency exception--Information provided
Status: in_force

No abortion may be performed unless the physician first obtains a voluntary and informed written consent of the pregnant woman upon whom the physician intends to perform the abortion, unless the physician determines that obtaining an informed consent is impossible due to a medical emergency and further determines that delaying in performing the procedure until an informed consent can be obtained from the pregnant woman or her next of kin in accordance with chapter 34-12C is impossible due to the medical emergency, which determinations shall then be documented in the medical records of the patient.

A consent to an abortion is not voluntary and informed, unless, in addition to any other information that must be disclosed under the common law doctrine, the physician provides that pregnant woman with the following information:

(1) A statement in writing providing the following information:

(a) The name of the physician who will perform the abortion;

(b) That the abortion will terminate the life of a whole, separate, unique, living human being;

(c) That the pregnant woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota;

(d) That by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship will be terminated;

(e) A description of all known medical risks of the procedure and statistically significant risk factors to which the pregnant woman would be subjected, including:

(i) Depression and related psychological distress;

(ii) Increased risk of suicide ideation and suicide;

(iii) A statement setting forth an accurate rate of deaths due to abortions, including all deaths in which the abortion procedure was a substantial contributing factor; and

(iv) All other known medical risks to the physical health of the woman, including the risk of infection, hemorrhage, danger to subsequent pregnancies, and infertility;

(f) The probable gestational age of the unborn child at the time the abortion is to be performed, and a scientifically accurate statement describing the development of the unborn child at that age;

(g) The statistically significant medical risks associated with carrying her child to term compared to undergoing an induced abortion;

(h) That even after a pregnant mother takes Mifepristone, or another drug approved by the United States Food and Drug Administration for the same use, it is still possible to discontinue a drug-induced abortion by not taking the prescribed Misoprostol;

(i) That information on discontinuing a drug-induced abortion is available on the Department of Health website;

(j) A written statement that sex-selective abortions are illegal in the State of South Dakota and that a pregnant mother cannot have an abortion, either solely or partly, due to the unborn child's sex, regardless of whether that unborn child is a girl or a boy or whether it is of the pregnant mother's free will or the result of the use of pressure and coercion; and

(k) A written notification, prepared and provided to each abortion facility by the Department of Health, that contains the name, text, and telephone number of an organization fighting to end sex trafficking and states the following: "If someone is sexually abusing you or causing you to exchange sex for something of value, and you want help, call 911, text, or call the number provided on this notice.".

The disclosures set forth above shall be provided to the pregnant woman in writing and in person in full compliance with § 34-23A-56 . The physician shall ensure that the pregnant woman signs each page of the written disclosure with the certification that she has read and understands all of the disclosures, prior to the patient signing a consent for the procedure. If the pregnant woman asks for a clarification or explanation of any particular disclosure, or asks any other question about a matter of significance to her, the explanation or answer shall be made in writing and be given to the pregnant woman before signing a consent for the procedure and shall be made part of the permanent medical record of the patient.

Prior to the pregnant woman signing a consent to the abortion, she shall sign a written statement that indicates that the requirements of this section have been complied with. Prior to the performance of the abortion, the physician who is to perform the abortion shall receive a copy of the written disclosure documents required by this section, and shall certify in writing that all of the information described in those subdivisions has been provided to the pregnant woman, that the physician is, to the best of his or her ability, satisfied that the pregnant woman has read the materials which are required to be disclosed, and that the physician believes she understands the information imparted;

(2) A statement by telephone or in person, by the physician who is to perform the abortion, or by the referring physician, or by an agent of both, at least twenty-four hours before the abortion, providing the following information:

(a) That medical assistance benefits may be available for prenatal care, childbirth, and neonatal care;

(b) That the father of the unborn child is legally responsible to provide financial support for her child following birth, and that this legal obligation of the father exists in all instances, even in instances in which the father has offered to pay for the abortion;

(c) The name, address, and telephone number of a pregnancy help center in reasonable proximity of the abortion facility where the abortion will be performed; and

(d) That she has a right to review all of the material and information described in § 34-23A-1 , §§ 34-23A-1 .2 to 34-23A-1 .7, inclusive, § 34-23A-1 0.1, and § 34-23A-1 0.3, as well as the printed materials described in § 34-23A-1 0.3, and the website described in § 34-23A-1 0.4. The physician or the physician's agent shall inform the pregnant woman, orally or in writing, that the materials have been provided by the State of South Dakota at no charge to the pregnant woman. If the pregnant woman indicates, at any time, that she wants to review any of the materials described, such disclosures shall be either given to her at least twenty-four hours before the abortion or mailed to her at least seventy-two hours before the abortion by certified mail, restricted delivery to addressee, which means the postal employee can only deliver the mail to the addressee;

(3) In the case of a pregnant woman who has been administered Mifepristone, or another drug approved by the United States Food and Drug Administration for the same use, the statement required by subsection (h) of subdivision (1) must also be duplicated and presented to the woman at the time of her release or discharge, immediately after the provision or administration of the first drug. The statement must be accompanied by a notice that includes:

(a) The following verbiage: "If you decide you want to give birth to your child, even after the abortion process has begun, seek the assistance of a physician immediately."; and

(b) The phone number, website, and any other contact information provided to the department by physicians or other entities, who or that have indicated their ability and willingness to provide assistance, twenty-four hours per day, seven days a week, to a woman seeking to discontinue an abortion.

Source: SL 1980, ch 245, § 1; SL 1993, ch 249, § 4; SL 2003, ch 185, § 2; SL 2005, ch 186, § 7; SL 2014, ch 168, § 4; SL 2016, ch 176, § 1; SL 2016, ch 179, § 4; SL 2017, ch 160, § 1; SL 2021, ch 149, § 1.
S.D. Codified Laws § 34A-13-12 — SD Code / Title 34A / Chapter 13 / Section 34A-13-12
Administrative, civil, injunctive, and criminal remedies allowed where pursued by department--Exhaustion of administrative remedies not required
Status: in_force

Nothing in this chapter limits the powers of the department, or precludes the pursuit of any other administrative, civil, injunctive, or criminal remedies by the department. The department need not exhaust administrative remedies under this chapter in order to pursue any other legal remedy.

The remedies provided by this chapter are in addition to those provided under existing statutory or common law.

Source: SL 1988, ch 290, § 12; SL 1991, ch 294, § 6.
S.D. Codified Laws § 34-23A-42 — SD Code / Title 34 / Chapter 23A / Section 34-23A-42
Failure to submit reporting form a misdemeanor
Status: in_force

Any person who knowingly or recklessly fails to submit any report required by §§ 34-23A-34 to 34-23A-45 , inclusive, or submits false information under §§ 34-23A-34 to 34-23A-45 , inclusive, is guilty of a Class 2 misdemeanor.

Source: SL 1998, ch 209, § 9.
S.D. Codified Laws § 34-12G-10 — SD Code / Title 34 / Chapter 12G / Section 34-12G-10
Program to assist rural health care facilities recruiting health care professionals
Status: in_force

The Department of Health may establish a program to assist rural health care facilities in recruiting eligible health care professionals as defined pursuant to § 34-12G-12 .

Source: SL 2012, ch 180, § 1.
S.D. Codified Laws § 34A-2-59 — SD Code / Title 34A / Chapter 2 / Section 34A-2-59
Record of hearing on violation
Status: in_force

The board shall keep a record of the hearing as required by chapter 1-26 , and at least one copy of any written exhibits put in evidence.

Source: SL 1973, ch 280, § 11 (4); SDCL Supp, § 46-25-75; SL 1988, ch 285, § 23.
S.D. Codified Laws § 34-23A-10.5 — SD Code / Title 34 / Chapter 23A / Section 34-23A-10.5
Form required by34-23A-10.1(1) to be prescribed by department
Status: in_force

To meet the requirement of subdivision 34-23A-10.1 (1), a physician shall use a form prescribed by the department. The department shall promulgate rules pursuant to chapter 1-26 specifying the form necessary to meet the requirement of this section.

Source: SL 2019, ch 149, § 1, eff. Jan. 1, 2020.
S.D. Codified Laws § 34-24A-1.1 — SD Code / Title 34 / Chapter 24A / Section 34-24A-1.1
Functions performed by Department of Agriculture and Natural Resources and Board of Minerals and Environment
Status: in_force

The Department of Agriculture and Natural Resources shall perform all the functions of the Public Health Advisory Committee, the 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 Minerals and Environment shall perform any advisory functions as defined in § 1-32-1 .

Source: SL 1973, ch 2, § 103; SL 1974, ch 3, § 25; SL 1986, ch 295, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-21-32 — SD Code / Title 34 / Chapter 21 / Section 34-21-32
Impounding of radiation sources for violations
Status: in_force

The agency shall have authority, subject to chapter 1-26 , to impound or order the impounding of sources of radiation in the possession of any person who is not equipped to observe or fails to observe the provision of this chapter or any rules or regulations issued hereunder.

Source: SDC Supp 1960, § 27.17A04 (15) as added by SL 1967, ch 107, § 2; SL 1972, ch 15, § 4.
S.D. Codified Laws § 34-38-23 — SD Code / Title 34 / Chapter 38 / Section 34-38-23
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Aboveground storage tank," a horizontal or vertical tank that is listed and intended for fixed installation at or above grade and is used within the scope of its listing. This includes a tank inside a building;

(2) "Authority having jurisdiction," the local or state governing organization, office, or individual responsible for approving equipment, installation, or procedure;

(3) "Combustible liquid," a liquid having a flash point at or above 100 degrees Fahrenheit, (37.8 degrees Celsius);

(4) "Department," the Department of Public Safety;

(5) Repealed by SL 2006, ch 185, § 5;

(6) "Flammable liquid," a liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) and having a vapor pressure not exceeding forty psia (2,068 mm hg) at 100 degrees Fahrenheit (37.8 degrees Celsius) shall be known as a class I liquid;

(7) "Listed," equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner; and

(8) "Retail sale," the sale of flammable and combustible liquids for any purpose other than for resale.

Source: SL 1991, ch 269, § 1; SL 2003, ch 272, §§ 20, 121; SL 2004, ch 17, § 225; SL 2006, ch 185, § 5.
S.D. Codified Laws § 34A-13-41 — SD Code / Title 34A / Chapter 13 / Section 34A-13-41
Reimbursement to licensed petroleum marketers and other tank owners--Promulgation of rules
Status: in_force

The department shall provide reimbursement to licensed petroleum marketers, and other tank owners as defined by the department pursuant to rule for liability to third parties. Coverage may only be extended to tanks that are regulated in §§ 34A-2-98 and 34A-2-100 , excluding tanks that are exempted from coverage requirements by rules promulgated pursuant to chapter 1-26 by the Board of Water Management, in any amount not to exceed nine hundred ninety thousand dollars as described in §§ 34A-13-8.1 and 34A-13-40 and set forth in §§ 34A-13-42 to 34A-13-46 , inclusive.

Source: SL 1990, ch 292, § 12; SL 1992, ch 260, § 29; SL 1993, ch 256, § 39; SL 1995, ch 71, § 195; SL 2011, ch 165, § 158; SL 2024, ch 146, § 20.
S.D. Codified Laws § 34-40-3 — SD Code / Title 34 / Chapter 40 / Section 34-40-3
Information included in registration
Status: in_force

Registrations pursuant to § 34-40-2 shall set forth the name, address, and occupation of the owner and the registration or serial number imprinted on such device.

Source: SL 1967, ch 33, § 2; SL 1972, ch 15, § 3.
S.D. Codified Laws § 34-23A-84 — SD Code / Title 34 / Chapter 23A / Section 34-23A-84
Legislative finding that statement in §34-23A-83fails to adequately provide, explain, or discuss disclosures required by subsections34-23A-10.1(1)(c) and (d)
Status: in_force

The Legislature finds that, while the statement in § 34-23A-83 is a true statement, the statement fails to adequately provide, explain, or discuss the disclosures actually required by subsections 34-23A-10.1 (1)(c) and (d) which requires a disclosure "(c) [t]hat the pregnant woman has an existing relationship with that unborn human being and that the relationship enjoys protection under the United States Constitution and under the laws of South Dakota," and "(d) [t]hat by having an abortion, her existing relationship and her existing constitutional rights with regards to that relationship would be terminated."

Source: SL 2018, ch 205, § 11.
S.D. Codified Laws § 34-12B-3 — SD Code / Title 34 / Chapter 12B / Section 34-12B-3
Acceptance by nursing facility of rebate, free equipment or fee from pharmacy as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any licensed nursing facility or nursing facility administrator to accept any rebate or free equipment from, or engage in splitting fees with any pharmacy department or pharmacist that is providing drugs or medicines to such home.

Source: SL 1975, ch 225, § 3; SL 1977, ch 190, § 17.
S.D. Codified Laws § 34-37-7 — SD Code / Title 34 / Chapter 37 / Section 34-37-7
Exemptions from chapter
Status: in_force

Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty - five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, or theatrical, or athletic events.

Source: SL 1949, ch 41, §§ 1, 4; SDC Supp 1960, § 13.1607-1; SL 1964, ch 31, § 1.
S.D. Codified Laws § 34A-5-56 — SD Code / Title 34A / Chapter 5 / Section 34A-5-56
Certified copy of budget to county auditors and secretary of revenue
Status: in_force

Immediately after completion of a budget and adoption of special assessments by a sanitary district board of trustees, but not later than the first of September, the secretary of the district shall send one certified copy of such budget to the county auditors of the affected counties and to the state secretary of revenue.

Source: SL 1992, ch 73, § 5.
S.D. Codified Laws § 34A-3A-1 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-1
Public policy
Status: in_force

It is hereby declared to be the public policy of the state to achieve and maintain safe drinking water for the public which will protect human health and safety and prevent the creation of public nuisances. To these ends it is the purpose of this chapter to ensure that public water systems in the state meet or exceed minimum standards for drinking water quality and to foster cooperation and coordination with other state and local agencies, other states, and the federal government pursuant to the Federal Safe Drinking Water Act, Public Law 93-523, as amended to January 1, 2011.

Source: SL 1983, ch 260, § 1; SL 1986, ch 27, § 36; SL 2011, ch 165, § 78.
S.D. Codified Laws § 34-23A-85 — SD Code / Title 34 / Chapter 23A / Section 34-23A-85
Legislative finding regarding noncompliance with subsections34-23A-10.1(1)(c) and (d)
Status: in_force

The Legislature finds that failure to adequately provide and discuss the disclosures required by subsections 34-23A-10.1 (1)(c) and (d) is contrary to the interests of pregnant mothers considering an abortion and the required disclosures are important for the pregnant mothers to fully understand that the pregnant mother has an existing relationship with her unborn child while the child is in utero, that the law recognizes this relationship has value to her, and that by terminating that relationship she loses something of great value to herself, and gives up one of the greatest rights she has in all of life.

Source: SL 2018, ch 205, § 12.
S.D. Codified Laws § 34-29A-41 — SD Code / Title 34 / Chapter 29A / Section 34-29A-41
Certificate issued on special inspector's report invalid after termination of insurance
Status: in_force

No operation certificate issued for an insured boiler based upon a report of a special inspector is valid after the boiler for which it was issued ceases to be insured by a company duly authorized by this state to provide such insurance.

Source: SL 1973, ch 229, § 15; SL 1982, ch 18, § 63.
S.D. Codified Laws § 34-11A-14 — SD Code / Title 34 / Chapter 11A / Section 34-11A-14
Terms of directors and officers--Compensation of ambulance district director
Status: in_force

All directors and officers shall be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice - president shall be elected as provided in § 34-11A-13 for a one - year term, and one - half, or as close to one - half as possible depending upon the total number of directors, of the directors elected at the first election shall be selected by lot in the presence of a majority of such directors to serve one - year terms. An ambulance district director may receive compensation for his services in an amount not to exceed forty dollars per day and may receive expenses, including traveling expenses, necessarily incurred in the discharge of his duties.

Source: SL 1982, ch 259, § 14; SL 1988, ch 275, § 1.
S.D. Codified Laws § 34-11A-22 — SD Code / Title 34 / Chapter 11A / Section 34-11A-22
Tax levy and special assessment--Deposit--Bond of secretary-treasurer
Status: in_force

The tax and the special assessment shall be deposited with the secretary - treasurer of the ambulance district, who shall have a surety bond in the amount of at least five thousand dollars.

Source: SL 1982, ch 259, § 23; SL 2000, ch 166, § 6.
S.D. Codified Laws § 34-20E-2 — SD Code / Title 34 / Chapter 20E / Section 34-20E-2
Prescription drug monitoring program to be established--Medical cannabis qualifying patients
Status: in_force

The board shall establish and maintain a prescription drug monitoring program to monitor the prescribing and dispensing of all controlled substances. The program shall utilize a central repository, to which each dispenser shall submit, by electronic means, information regarding each prescription dispensed for a controlled substance. The information submitted for each prescription must include specifically identified data elements adopted by the board and contained in the 2011 version of the electronic reporting standard for prescription monitoring programs, version 4.2 of the American Society for Automation in Pharmacy.

The program must include the names of qualifying patients who receive a registry identification card, as defined in § 34-20G-1 , submitted by the Department of Health.

Source: SL 2010, ch 175, § 2; SL 2017, ch 157, § 2; SL 2024, ch 132, § 12.
S.D. Codified Laws § 34A-2-45 — SD Code / Title 34A / Chapter 2 / Section 34A-2-45
Inspection powers with respect to pollution sources
Status: in_force

The secretary shall, at reasonable times, have access to any point source, including an industrial user of a publicly owned treatment works, and copy any records, inspect any monitoring equipment or method required under § 34A-2-44 , to sample any effluents being discharged into the waters of the state, or to ensure compliance with the provisions of this chapter.

Source: SL 1973, ch 280, § 6 (9); SDCL Supp, § 46-25-61; SL 1988, ch 285, § 14.
S.D. Codified Laws § 34A-2-118 — SD Code / Title 34A / Chapter 2 / Section 34A-2-118
Publicly-owned treatment works fee schedule
Status: in_force

For publicly-owned treatment works including municipalities, housing subdivisions, trailer parks, and sanitary districts owned by the state or a political subdivision of the state; privately-owned treatment works including housing subdivisions and trailer parks that treat primarily domestic household wastewater; and Ellsworth Development Authority, the fee imposed in § 34A-2-117 shall be based upon the last preceding federal census data for each municipality and the population served by a nonmunicipality or the Ellsworth Development Authority, and the fee table below:

Population Range

Fee ($)

25 to 50

37

51 to 100

75

101 to 200

150

201 to 300

250

301 to 400

350

401 to 500

450

501 to 600

550

601 to 700

650

701 to 800

750

801 to 900

850

901 to 1,000

950

1,001 to 2,000

1,500

2,001 to 3,000

2,500

3,001 to 4,000

3,500

4,001 to 5,000

4,500

5,001 to 6,000

5,500

6,001 to 7,000

6,500

7,001 to 8,000

7,500

8,001 to 9,000

8,500

9,001 to 10,000

9,500

10,001 to 11,000

10,500

11,001 to 12,000

11,500

12,001 to 13,000

12,500

13,001 to 14,000

13,500

14,001 to 15,000

14,500

15,001 to 16,000

15,500

16,001 to 17,000

16,500

17,001 to 18,000

17,500

18,001 to 19,000

18,500

19,001 to 20,000

19,500

20,001 to 30,000

25,000

30,001 to 40,000

35,000

40,001 to 50,000

45,000

50,001 to 60,000

55,000

60,001 to 70,000

65,000

70,001 to 80,000

75,000

80,001 to 90,000

85,000

90,001 to 100,000

95,000

100,001 or more

125,000

Source: SL 1992, ch 254, § 56; SL 2018, ch 212, § 2.
S.D. Codified Laws § 34-44-15 — SD Code / Title 34 / Chapter 44 / Section 34-44-15
Worker review course as condition of certificate renewal--When required
Status: in_force

If the department determines there is a need for a new category of workers or need to update the workers' training in order to meet new or changed conditions, the board may require the worker, as a condition of certificate renewal, to successfully complete an approved asbestos abatement review course.

Source: SL 1988, ch 284, § 13.
S.D. Codified Laws § 34-29A-4 — SD Code / Title 34 / Chapter 29A / Section 34-29A-4
Qualifications and employment of deputy inspectors
Status: in_force

The Department of Public Safety may employ deputy inspectors who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector, and who shall have passed the examination provided for in § 34-29A-9 . This examination may be waived by the secretary of public safety for a period of twelve months.

Source: SL 1973, ch 229, § 9; SL 1982, ch 18, § 36; SL 1996, ch 216, § 1; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-35-1 — SD Code / Title 34 / Chapter 35 / Section 34-35-1
Construction of fireguards
Status: in_force

The electors at the annual meeting of an organized civil township may authorize the township board of supervisors to construct, or to have constructed, fireguards around all or a portion of the township or each way across the center of the township, as deemed necessary for fire protection.

Source: SL 1893, ch 91, § 1; RPolC 1903, § 1131; SL 1905, ch 111; SL 1915, ch 193; RC 1919, § 6128; SDC 1939, § 58.1001; SL 2014, ch 48, § 21.
S.D. Codified Laws § 34-26A-7 — SD Code / Title 34 / Chapter 26A / Section 34-26A-7
Delegation of authority--Crematory immunity
Status: in_force

If the person who has the right and duty to control the decedent's remains, as provided for in § 34-26-75 , is not physically present to execute the form authorizing cremation, the person may delegate that authority to another.

Once a crematory has received written notice of a delegation under this section, including the name and address of the delegatee, the crematory may allow the delegatee to execute the form authorizing cremation.

A crematory that relies upon an authorization executed in accordance with this section is immune from liability for any acts or omissions resulting from that reliance.

Source: SL 1988, ch 283, § 7; SL 2023, ch 129, § 11.
S.D. Codified Laws § 34-18-7 — SD Code / Title 34 / Chapter 18 / Section 34-18-7
Employment of personnel by secretary--Local health departments as enforcement agents
Status: in_force

The secretary of health shall employ such personnel as are necessary to perform the duties of this chapter. Any county or district health department or municipal health department organized under existing laws may be designated as an agent of the secretary for the purpose of administering the provisions of this chapter and rules and regulations of the department.

Source: SL 1963, ch 158, § 6.
S.D. Codified Laws § 34A-16-5 — SD Code / Title 34A / Chapter 16 / Section 34A-16-5
Actions involving the validity or enforcement of any contract
Status: in_force

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of a regional recycling and waste management district, the district is conclusively deemed to have become established and authorized to transact its business and exercise its powers under this chapter upon compliance with § 34A-16-4 .

Source: SL 1993, ch 259, § 5.
S.D. Codified Laws § 34-43-6 — SD Code / Title 34 / Chapter 43 / Section 34-43-6
Duration of effectiveness of warrant--Extension or renewal--Return to magistrate or judge--Void after expiration
Status: in_force

An inspection warrant is effective for the time specified therein, but for no more than fourteen days, unless extended or renewed by the magistrate judge or circuit court judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant shall be executed and returned to the magistrate judge or circuit court judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void.

Source: SL 1986, ch 290, § 6.
S.D. Codified Laws § 34-24C-3 — SD Code / Title 34 / Chapter 24C / Section 34-24C-3
Application for grant to provide subsidized mammograms--Responsibilities of grant recipients
Status: in_force

Any medical institution in this state may apply to the Department of Health for a grant to provide subsidized mammograms. Any medical institution that receives a grant pursuant to this chapter shall, as a condition of the grant, report to the Department of Health the frequency of mammograms, the number and amount of subsidies provided and the detection of cancer resulting from those mammograms.

Source: SL 1991, ch 278, § 3.
S.D. Codified Laws § 34-50-6 — SD Code / Title 34 / Chapter 50 / Section 34-50-6
Immunity from liability
Status: in_force

A critical incident stress management team or a peer support team member providing critical incident stress management services is not liable for damages, including personal injury, wrongful death, property damage, or other loss related to the team or member's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes wanton, willful, or intentional misconduct.

Source: SL 2015, ch 187, § 6.
S.D. Codified Laws § 34A-2-12 — SD Code / Title 34A / Chapter 2 / Section 34A-2-12
Regulation of public water supplies--Violation
Status: in_force

The Board of Water Management shall promulgate rules pursuant to chapter 1-26 regulating public water supplies. A violation of rules promulgated pursuant to this section is subject to § 34A-2-75 .

Source: SL 1974, ch 245, § 10; SDCL Supp, § 46-25-33.1; SL 1985, ch 283, § 24; SL 1992, ch 158, § 16C; SL 1993, ch 256, § 10; SL 2011, ch 166, § 1.
S.D. Codified Laws § 34-24C-4 — SD Code / Title 34 / Chapter 24C / Section 34-24C-4
"Medical institution" defined
Status: in_force

For the purposes of this chapter, a medical institution is any hospital, X ray center, doctor's office, or medical clinic.

Source: SL 1991, ch 278, § 6.
S.D. Codified Laws § 34-25-4 — SD Code / Title 34 / Chapter 25 / Section 34-25-4
Vital registration districts--Establishment, consolidation or subdivision
Status: in_force

The department shall establish vital registration districts throughout the state. The department may consolidate or subdivide such districts to facilitate registration.

Source: SL 1931, ch 267, § 3; SDC 1939, § 27.0203; SL 1972, ch 194, § 3.
S.D. Codified Laws § 34-5-10 — SD Code / Title 34 / Chapter 5 / Section 34-5-10
Distressed food defined
Status: in_force

As used in §§ 34-5-9 to 34-5-18 , inclusive, unless the context otherwise requires, "distressed food" means all food, food products, drugs, alcoholic or nonalcoholic beverages, nonedible products expected to be used in or around the home kitchen, medicines, and related items that have been subject to possible contamination from fire, flood, tornado, windstorms, train, or vehicle accidents. This shall include damage or contamination caused by shipping, handling, or storage errors or accidents; or product contamination by spillage of toxic material, poisons, pesticides, petroleum products or their derivatives, or other deleterious substance that may be injurious to health.

Source: SL 1974, ch 241, § 1 (7).
S.D. Codified Laws § 34-49-20 — SD Code / Title 34 / Chapter 49 / Section 34-49-20
Certain sales of existing inventory on or after January 1, 2011 permitted
Status: in_force

Nothing in this chapter prohibits any distributor, wholesaler, or dealer from selling its existing inventory of cigarettes on or after January 1, 2011, if the distributor, wholesaler, or dealer establishes that the state tax stamps were affixed to the cigarettes before January 1, 2011. In addition, the inventory of cigarettes must have been purchased in a comparable quantity to the inventory that was purchased during the same period for the preceding year.

Source: SL 2009, ch 172, § 20, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-1-15 — SD Code / Title 34A / Chapter 1 / Section 34A-1-15
Establishment of ambient air quality standards--Violation
Status: in_force

The Board of Minerals and Environment shall promulgate rules pursuant to chapter 1-26 to establish ambient air quality standards for the state as a whole or for any part of the state. Any person who violates these standards is subject to § 34A-1-39 .

Source: SL 1970, ch 203, § 5 (12); SDCL Supp, § 34-16A-22; SL 1977, ch 280, § 9; SL 1980, ch 238, § 12; SL 1992, ch 158, § 8; SL 1993, ch 256, § 3.
S.D. Codified Laws § 34A-3A-22 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-22
Establishment of the drinking water administrative subfund--Source of subfund--Administration--Expenditures--Unexpended funds
Status: in_force

There is hereby established in the environmental fee fund created in § 1-41-23 , the drinking water administrative subfund. This subfund shall consist of legislative appropriations, federal grants, gifts, civil penalties received for any drinking water standards violations, and fees received pursuant to § 34A-3A-20 . The fund shall be maintained separately and be administered by the department in order to defray expenses of all activities associated with administering the drinking water program. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 70; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-12-2.1 — SD Code / Title 34 / Chapter 12 / Section 34-12-2.1
Unlicensed institutions ineligible for state or federal funds
Status: in_force

No state or federal funds passing through the state treasury may be paid to a health care facility or related institution which does not have a license issued by the State Department of Health under this chapter.

Source: SL 1986, ch 278, § 14.
S.D. Codified Laws § 34A-1-44 — SD Code / Title 34A / Chapter 1 / Section 34A-1-44
Issuance and enforcement of orders
Status: in_force

In addition to any other powers conferred on it by law the board may issue orders necessary to effectuate the purposes of this chapter and enforce the provisions of this chapter by all appropriate administrative and judicial proceedings.

Source: SL 1970, ch 203, § 5 (3); SDCL Supp, § 34-16A-49; SL 2011, ch 165, § 24.
S.D. Codified Laws § 34-18-9.3 — SD Code / Title 34 / Chapter 18 / Section 34-18-9.3
Registration of bed and breakfast establishment--Fee--Investigation of complaints
Status: in_force

Any bed and breakfast establishment operating in this state shall register with the Department of Health. A one-time registration fee of thirty-eight dollars is required before a bed and breakfast establishment may be operated. The fee shall be placed in the Department of Health fee account. Any change in ownership or location of the bed and breakfast establishment requires a new registration on a form provided by the department. The form shall be submitted to the department along with payment of a thirty-eight dollar registration fee. The department may investigate any complaint made against any bed and breakfast establishment.

Source: SL 1986, ch 280, § 4; SL 1996, ch 213, § 4; SL 2009, ch 165, § 2.
S.D. Codified Laws § 34-12-63 — SD Code / Title 34 / Chapter 12 / Section 34-12-63
Risk assessment system for birth centers
Status: in_force

A birth center shall adopt, implement, and enforce a written risk assessment system that conforms to the patient assessment protocols established pursuant to § 34-12-62 . A birth center shall perform the risk assessment of a potential client prior to accepting the client for admission and shall only admit a client that has been assessed to have a low-risk pregnancy. A birth center client shall be continually assessed to identify if her condition deviates from a low-risk pregnancy at any time during the pregnancy, delivery, or postpartum period. The birth center shall refer or transfer the client to a physician or hospital in accordance with the standards established pursuant to § 34-12-62 .

Source: SL 2011, ch 155, § 8.
S.D. Codified Laws § 34-12H-4 — SD Code / Title 34 / Chapter 12H / Section 34-12H-4
MOST form--Contents
Status: in_force

The secretary shall develop a standardized form for a MOST and instructions for completion of the form. The secretary shall make the form available to the public on the department's website. A completed form includes:

(1) The name and date of birth of the patient;

(2) A statement that the patient either has or does not have an advance health care directive;

(3) Information regarding the patient's diagnosis of a terminal condition;

(4) Information indicating the preference of the patient or the patient's authorized representative regarding the use of cardiopulmonary resuscitation, specified medical interventions, and the intensity of treatment for each intervention, and if there is no such indication of the patient or authorized representative's preference, a directive to health care providers to use all necessary and appropriate medical interventions;

(5) A provision directing the administration of artificial nutrition and hydration unless it is determined that:

(a) Artificial nutrition and hydration cannot reasonably be expected to prolong the patient's life;

(b) The burden of providing artificial nutrition and hydration outweighs its benefit, if the determination of burden refers to the provision of artificial nutrition and hydration itself and not to the quality of the continued life of the patient;

(c) Administering artificial nutrition and hydration would cause the patient significant discomfort; or

(d) The patient has expressed a desire not to receive artificial nutrition and hydration by tube;

(6) A statement confirming that the medical provider and the patient or the patient's authorized representative had a discussion about the patient's medical condition, treatment goals, and use of medical intervention;

(7) A statement confirming that the execution of the MOST by the patient or the patient's authorized representative is based on informed consent;

(8) A statement advising the patient that if there is a conflict between the MOST and the patient's written directives in any previously executed and unrevoked durable power of attorney or living will, the health care provider will treat the patient in accordance with the instructions in the MOST;

(9) The signature and date of signing of the patient or the patient's authorized representative;

(10) The signature and date of signing of the medical provider; and

(11) A statement that the duty of medicine is to care for patients even when they cannot be cured, that health care providers and their patients must evaluate the use of technology at their disposal based on available information, that judgments about the use of technology to maintain life must reflect the inherent dignity of the patient and the purpose of medical care, and that everyone is to be treated with dignity and respect.

Source: SL 2019, ch 146, § 4.
S.D. Codified Laws § 34-38-39 — SD Code / Title 34 / Chapter 38 / Section 34-38-39
Limitations as to tank capacity
Status: in_force

Tanks may not exceed an individual capacity of twelve thousand gallons and may not exceed an aggregate capacity of forty-eight thousand gallons. Any variance in excess of these amounts can only be granted by the division pursuant to chapter 1-26 .

Source: SL 1991, ch 269, § 17; SL 2008, ch 175, § 2.
S.D. Codified Laws § 34-21-11 — SD Code / Title 34 / Chapter 21 / Section 34-21-11
Collection and dissemination of information
Status: in_force

The agency shall collect and disseminate information relating to the determination and control of radiation exposure hazards.

Source: SL 1957, ch 122, § 4; SDC Supp 1960, § 27.17A04 (5); SL 1967, ch 107, § 2.
S.D. Codified Laws § 34-20-2 — SD Code / Title 34 / Chapter 20 / Section 34-20-2
Schedule A--Highly toxic poisons enumerated
Status: in_force

The following is schedule A, referred to in § 34-20-1 :

(1) Arsenic, lead arsenate, Paris green, and other poisonous compounds of arsenic;

(2) Corrosive sublimate or preparations of the same and other poisonous compounds of mercury;

(3) Prussic acid, potassium cyanide, oil of bitter almonds, aconite, belladonna, veratrum viride, strychnine, nux vomica, their preparations or derivatives, and all other poisonous vegetable alkaloids and their salts;

(4) Strophanthus or its preparations, cocculus indicus, chloral hydrate, veronal, and other urea derivatives;

(5) Creosote, cresols, and their preparations, tartar emetic, carbolic acid (phenol), containing more than ten percent of said acid, nitric acid, and sulphuric acid except in solutions containing ten percent or less of such acids;

(6) Yellow phosphorus and its poisonous preparations; and

(7) Other poisonous drugs and medicines fatal to human life in doses of fifteen grains or less.

Source: SL 1893, ch 132; SL 1897, ch 103, § 2; RPolC 1903, § 280; RC 1919, § 7844; SL 1929, ch 124, § 1; SL 1935, ch 114, § 1; SDC 1939, § 22.1201.
S.D. Codified Laws § 34-18-6 — SD Code / Title 34 / Chapter 18 / Section 34-18-6
Agreements between secretary of health and other agencies
Status: in_force

The secretary of health may enter into mutual agreements with other public and private agencies in order to promote the mutual effectiveness of both agencies in the area of public health and safety and to prevent duplication of effort in the promotion of an efficient public health program.

Source: SL 1963, ch 158, § 20; SL 1997, ch 201, § 1.
S.D. Codified Laws § 34-20E-8 — SD Code / Title 34 / Chapter 20E / Section 34-20E-8
Fees
Status: in_force

The board may charge a fee of ten dollars to any individual who requests information from the central repository pursuant to subdivision 34-20E-7(2). The board may charge a fee of one hundred dollars to any person who requests information from the central repository pursuant to subdivision 34-20E-7(8).

Source: SL 2010, ch 175, § 8.
S.D. Codified Laws § 34-11A-30 — SD Code / Title 34 / Chapter 11A / Section 34-11A-30
Report of secretary-treasurer
Status: in_force

The secretary - treasurer of the district shall, at each annual public meeting of the district, present a financial report concerning the affairs of the district.

Source: SL 1982, ch 259, § 32.
S.D. Codified Laws § 34-42-3 — SD Code / Title 34 / Chapter 42 / Section 34-42-3
Requirements for approval--Labeling
Status: in_force

Approved portable oil - fueled heaters shall adhere to the following requirements:

(1) Approved portable oil - fueled heaters shall have labeling affixed thereto to caution and inform concerning:

(a) Provision of an adequate source of ventilation when the heater is in operation;

(b) Use of only suitable fuel for the heater;

(c) Proper manner of refueling;

(d) Proper placement and handling of the heater when in operation; and

(e) Proper procedures for lighting, flame regulation and extinguishing the heater;

(2) Approved portable oil - fueled heaters shall be packaged with instructions to inform concerning proper maintenance and operation;

(3) Approved portable oil - fueled heaters shall be constructed with a low center of gravity and minimum tipping angle of thirty - three degrees from the vertical with an empty reservoir;

(4) Approved portable oil - fueled heaters shall have an automatic safety shut - off device or inherent design feature which eliminates fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31; and

(5) Approved portable oil - fueled heaters shall not produce carbon monoxide at rates which create a hazard if operated as intended and instructed.

Source: SL 1983, ch 257, § 3.
S.D. Codified Laws § 34-23A-1.5 — SD Code / Title 34 / Chapter 23A / Section 34-23A-1.5
Legislative findings--Special protection of rights of pregnant women
Status: in_force

The Legislature finds that pregnant women contemplating the termination of their right to their relationship with their unborn children, including women contemplating such termination by an abortion procedure, are faced with making a profound decision most often under stress and pressures from circumstances and from other persons, and that there exists a need for special protection of the rights of such pregnant women, and that the State of South Dakota has a compelling interest in providing such protection.

Source: SL 2005, ch 186, § 4.
S.D. Codified Laws § 34-48A-40 — SD Code / Title 34 / Chapter 48A / Section 34-48A-40
Director of local organization--Duties and powers
Status: in_force

Each local organization for emergency management shall have a director who shall be appointed by the executive officer or governing body of the county, and who shall have direct responsibility for the development and implementation of emergency and disaster plans, organization, administration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body.

Source: SL 1949, ch 236, § 8; SL 1951, ch 285, § 8; SL 1953, ch 288, § 5; SDC Supp 1960, § 41.01C07 (1); SL 1977, ch 271, § 19; SL 1992, ch 236, § 15; SDCL § 33-15-27 .
S.D. Codified Laws § 34-20H-6 — SD Code / Title 34 / Chapter 20H / Section 34-20H-6
Fees authorized
Status: in_force

A participating pharmacy may charge a fee, in an amount established by the State Board of Pharmacy, for accepting, distributing, or dispensing donated prescription drugs and medical supplies.

Source: SL 2022, ch 137, § 6.
S.D. Codified Laws § 34A-7-17 — SD Code / Title 34A / Chapter 7 / Section 34A-7-17
Punishment for litter with aggregate weight of over five pounds
Status: in_force

In addition to the penalties provided, any violation of § 34A-7-6 or 34A-7-7 that involves littering with an aggregate weight of more than five pounds is punishable by a fine not to exceed one thousand dollars, of which twenty percent shall be paid to any person who provides information that leads to the conviction of any person for an offense that is subject to the provisions of this section. In addition, the court shall order the person who has been convicted to gather and dispose of litter in the area for a length of time to be determined by the court.

Source: SL 1996, ch 221, § 2.
S.D. Codified Laws § 34-26A-33 — SD Code / Title 34 / Chapter 26A / Section 34-26A-33
Promulgation of rules
Status: in_force

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

(1) Standards for crematory sanitation;

(2) Standards for refrigeration;

(3) Standards for equipment; and

(4) Fire protection requirements.

Source: SL 1988, ch 283, § 33; SL 1998, ch 211, § 5; SL 2023, ch 129, § 27.
S.D. Codified Laws § 34-26-48 — SD Code / Title 34 / Chapter 26 / Section 34-26-48
Short title
Status: in_force

Sections 34-26-48 to 34-26-72 , inclusive, may be cited as the Revised Uniform Anatomical Gift Act.

Source: SL 2007, ch 197, § 1.
S.D. Codified Laws § 34-12H-8 — SD Code / Title 34 / Chapter 12H / Section 34-12H-8
Conflict between patient's MOST and patient's other directives
Status: in_force

If there is a conflict between a patient's MOST and a patient's oral directives or any written directives in an advance health care directive, the health care provider shall treat the patient in accordance with the most recent instruction.

Source: SL 2019, ch 146, § 8.
S.D. Codified Laws § 34-20E-7 — SD Code / Title 34 / Chapter 20E / Section 34-20E-7
Disclosure of data in central repository to certain persons and entities
Status: in_force

Unless disclosure is prohibited by law, the board may provide data in the central repository to:

(1) Any prescriber for the purpose of providing medical care to a patient, a dispenser for the purpose of filling a prescription or providing pharmaceutical care for a patient, a prescriber or dispenser inquiring about the prescriber's or dispenser's own prescribing activity, or a prescriber or dispenser in order to further the purposes of the program including integration with electronic medical records;

(2) Any individual who requests the prescription information of the individual or the individual's minor child;

(3) Any state board or regulatory agency that is responsible for the licensing of individuals authorized to prescribe or dispense controlled substances if the board or regulatory agency is seeking information from the central repository that is relevant to an investigation of an individual who holds a license issued by that board or regulatory agency;

(4) Any local, state, and federal law enforcement or prosecutorial officials engaged in the enforcement of laws relating to controlled substances who seek information for the purpose of an investigation or prosecution of the drug-related activity or probation compliance of an individual;

(5) The Department of Social Services for purposes regarding the utilization of controlled substances by a medicaid recipient;

(6) Any insurer for purposes regarding the utilization of controlled substances by a claimant;

(7) Any judicial authority under grand jury subpoena or court order or equivalent judicial process for investigation of criminal violations of controlled substances laws;

(8) Any public or private entity for statistical, research, or educational purposes after the information is de-identified with respect to any prescriber, dispenser, or patient who received a prescription for a controlled substance; or

(9) Any peer review committee, which means any committee of a health care organization, composed of health care providers, employees, administrators, consultants, agents, or members of the health care organization's governing body, which conducts professional peer review.

Source: SL 2010, ch 175, § 7; SL 2017, ch 157, § 4.
S.D. Codified Laws § 34-48-11 — SD Code / Title 34 / Chapter 48 / Section 34-48-11
Liability coverage for law enforcement officers responding to requests for assistance
Status: in_force

Any law enforcement officer responding to a request under the provisions of this chapter shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction, and the requesting agency shall obtain and maintain liability coverage for those law enforcement officers responding to requests. While a law enforcement officer is assigned to temporary duty within the jurisdiction of another public agency, any liability that accrues on account of the negligent or otherwise tortious act of the law enforcement officer while performing the duty is the responsibility of the requesting public agency and not the deploying public agency.

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, § 5.
S.D. Codified Laws § 34A-8A-9 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-9
Changes or amendments to the state prairie dog management plan--Approval by Legislature
Status: in_force

The Department of Agriculture and Natural Resources and the Department of Game, Fish and Parks shall submit any changes or amendments to any plan approved by the Legislature pursuant to § 34A-8A-8 for legislative approval before the changes or amendments may take effect.

Source: SL 2005, ch 195, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-3-21 — SD Code / Title 34 / Chapter 3 / Section 34-3-21
Contractual arrangements for services to adjacent counties--Funds provided--Powers of board in adjacent county
Status: in_force

County commissioners are hereby authorized to arrange by contractual agreements with one or more existing boards of health operating full - time health departments for services for any part or parts of the county adjacent to such full - time health departments. For this purpose such county commissioners are authorized to provide funds as provided in § 34-3-22 . Whenever such contracts are made, the contracting board of health is declared to be the board of health for the designated area with all the powers and duties of boards of health as set forth in this chapter.

Source: SL 1953, ch 129, § 12; SDC Supp 1960, § 27.18A12.
S.D. Codified Laws § 34-20B-114 — SD Code / Title 34 / Chapter 20B / Section 34-20B-114
Citation of chapter
Status: in_force

This chapter may be cited as the State Drugs and Substances Control Act.

Source: SL 1970, ch 229, § 17; SDCL Supp, § 39-17-155.
S.D. Codified Laws § 34-20B-13 — SD Code / Title 34 / Chapter 20B / Section 34-20B-13
Opium derivatives and opiates included in Schedule I
Status: in_force

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

(1) Acetylcodone;

(2) Benzylmorphine;

(3) Codeine methylbromide;

(4) Codeine-N-Oxide;

(5) Desomorphine;

(6) Drotebanol;

(7) Heroin;

(8) Hydromorphinol;

(9) Methyldesorphine;

(10) Methylhydromorphine;

(11) Morphine methylbromide;

(12) Morphine methylsulfonate;

(13) Morphine-N-Oxide;

(14) Myrophine;

(15) Nicocodeine;

(16) Nicomorphine;

(17) Normorphine;

(18) Thebacon;

(19) 3-Methylfentanyl;

(20) Fentanyl analogs. Any substituted derivatives of fentanyl unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States Food and Drug Administration, that is structurally related to fentanyl by modification in any one or more of the following ways:

(a) By replacement of the phenyl portion of the phenethyl group by any monocycle whether or not further substituted in or on the monocycle;

(b) By substitution in or on or replacement of the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;

(c) By substitution in or on the piperadine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, phenyl, substituted phenyl, or nitro groups;

(d) By replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; or

(e) By the replacement of the N-propionyl group by another acyl group.

Some trade and other names: N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (furanyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl, acryloylfentanyl); N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl or 2-fluorofentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (tetrahydrofuranyl fentanyl); 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (cyclopropyl fentanyl), N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide (valeryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (butyryl fentanyl); N-[1-(2-hydroxy-2-thiophen-2-ylethyl)piperidin-4-yl]-N-phenylpropanamide (Beta-Hydroxythiofentanyl); N-(4-fluorophenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-fluorobutyryl fentanyl); N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)piperidin-4-yl]butanamide (para-methoxybutyryl fentanyl); N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl); N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl); N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil); N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-fluoroisobutyryl fentanyl); (E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide (Crotonyl fentanyl);

(21) 1-Methyl-4-phenyl-4-propionoxypiperidine;

(22) 1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

(23) 3,4-dichloro-N[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700);

(24) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine (MT-45);

(25) 3,4-dichloro-N-[(1dimethylamino)cyclohexylmethyl]benzamide (AH-7921);

(26) 2-(2,4-dichlorophenyl)-N-2-(dimethylamino)cyclohexyl)-N-methylacetamide (U-48800);

(27) Trans-3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methyl-benzamide (U-49900);

(28) N-[2-(dimethylamino)cyclohexyl]-N-methyl-1,3-benzodioxole-5-carboxamide (Methylenedioxy-U-47700);

(29) 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropylbenzamide (Isopropyl-U-47700);

(30) 1-(1,2-Diphenylethyl)piperidine (Diphenidine);

(31) N-Ethyl-1,2-diphenylethylamine (Ephenidine);

(32) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-dihydro-2H-benzo[d]imidazol-2-one (Brorphine);

(33) 1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol) (Zipeprol); and

(34) 2-Methyl AP-237 (1-(2-methyl-4(3phenylprop-2-en-1-yl)piperizin-1-yl)butan-1-one).

Source: SL 1970, ch 229, § 8(a)(1); SDCL Supp, § 39-17-56; SL 1977, ch 315, § 2; SL 1981, ch 261, § 4; SL 1987, ch 255, § 1; SL 1988, ch 282, § 1; SL 2016, ch 175, § 2, eff. Feb. 18, 2016; SL 2017, ch 156, § 1, eff. Feb. 3, 2017; SL 2018, ch 203, § 2, eff. Feb. 8, 2018; SL 2019, ch 148, § 2, eff. Feb. 19, 2019; SL 2020, ch 144, § 1, eff. Mar. 9, 2020; SL 2021, ch 144, § 2, eff. Feb. 17, 2021; SL 2024, ch 130, § 2, eff. Feb. 14, 2024; SL 2025, ch 139, § 1, eff. Feb. 18, 2025; SL 2026, ch 147, § 3, eff. Feb. 11, 2026.
S.D. Codified Laws § 34-11A-7 — SD Code / Title 34 / Chapter 11A / Section 34-11A-7
Conduct of hearing--Order and filing of determination
Status: in_force

At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the boundaries thereof. Thereupon the board or boards of county commissioners shall determine whether the proposed district is suited to the ambulance service policy of the county, or each of such counties, as a whole, determine the boundaries of the proposed district, whether as suggested in the petition or otherwise, and make a written order of such determination which shall describe the boundaries of the district and be filed in the office of the county auditor or auditors of each county in which such district is situated.

Source: SL 1982, ch 259, § 7.
S.D. Codified Laws § 34-8-1 — SD Code / Title 34 / Chapter 8 / Section 34-8-1
Establishment and maintenance of county hospital authorized--Types of institutions included
Status: in_force

The board of county commissioners in any county in this state may establish and maintain or lease to be maintained a county hospital for the care and treatment of county charges, and such other persons as may apply for admission to such hospital. In this chapter, the term "hospital" may be construed to mean a hospital, a medical facility and its equipment, a nursing facility or a home for the aged, or any building used or to be used for any two or more of these purposes.

Source: SL 1909, ch 265, § 1; SL 1911, ch 110; RC 1919, § 7694; SL 1919, ch 282; SL 1929, ch 210, § 1; SDC 1939, § 27.1901; SL 1953, ch 125; SL 1955, ch 95, § 1; SL 1959, ch 133; SL 1969, ch 108, § 1; SL 1982, ch 258, § 1.
S.D. Codified Laws § 34-23A-51 — SD Code / Title 34 / Chapter 23A / Section 34-23A-51
Promulgation of rules--Minimum standards for abortion facilities
Status: in_force

The department shall adopt rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate an abortion facility. The department shall adopt, by rules promulgated pursuant to chapter 1-26 , minimum standards to protect the health and safety of a patient of an abortion facility. The rules shall establish minimum standards regarding:

(1) Facility safety and sanitation;

(2) Qualifications and supervision of professional and nonprofessional personnel;

(3) Emergency equipment and procedures to provide emergency care;

(4) Medical records and reports;

(5) Procedure and recovery rooms;

(6) Infection control;

(7) Medication control;

(8) Quality assurance;

(9) Facility and laboratory equipment requirements, sanitation, testing, and maintenance;

(10) Information on and access to patient follow-up care; and

(11) Patient screening, assessment, and monitoring.

Source: SL 2006, ch 182, § 7.
S.D. Codified Laws § 34A-6-97 — SD Code / Title 34A / Chapter 6 / Section 34A-6-97
Unlawful release of infectious waste in third degree
Status: in_force

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

(1) Recklessly engages in conduct which causes the release to the environment of infectious waste; or

(2) Knowingly engages in conduct which causes the release to the environment of infectious waste.

Unlawful release of infectious waste in the third degree is a Class 6 felony.

Source: SL 1992, ch 259, § 5.
S.D. Codified Laws § 34A-11-12.1 — SD Code / Title 34A / Chapter 11 / Section 34A-11-12.1
Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees
Status: in_force

The department shall assess an initial application fee of fifty thousand dollars for the processing of all hazardous waste disposal facility applications. The department shall assess a fee of twenty - five thousand dollars for the processing of all hazardous waste disposal facility amendments and renewals. The applicant shall pay the fee upon the filing of an application, amendment, or renewal for a hazardous waste disposal facility. In addition to this fee, the department may assess the applicant those amounts in excess of the initial filing fee for expenses associated with processing the application, amendment, or renewal. The department shall provide the applicant with an itemized statement of all costs associated with the processing of the application, amendment, or renewal. The applicant shall submit payment of all costs in excess of the initial fee within thirty days of the receipt of the statement. The combined initial fee and additional expenses assessed an applicant may not exceed one hundred seventy - five thousand dollars. All fees assessed under this section shall be payable to the Department of Agriculture and Natural Resources for deposit in the hazardous waste revolving fund established pursuant to § 34A-11-24 . The incineration or thermal destruction of hazardous waste shall be considered disposal for the purpose of this section.

Source: SL 1990, ch 289, § 2; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-7-11 — SD Code / Title 34A / Chapter 7 / Section 34A-7-11
Injunction against continuing violators
Status: in_force

The attorney general may file for an injunction against continuing violators of this chapter.

Source: SL 1974, ch 242, § 12; SDCL Supp, § 34-16C-15; SL 1976, ch 214, § 7; SL 1977, ch 190, § 39; SL 1992, ch 158, § 47.
S.D. Codified Laws § 34A-2A-3 — SD Code / Title 34A / Chapter 2A / Section 34A-2A-3
Promulgation of rules regarding standards and requirements
Status: in_force

The Water Management Board, with the assistance of the chief engineer, shall establish, by rules promulgated pursuant to chapter 1-26 :

(1) Chemigation equipment standards, performance standards, and installation requirements; and

(2) Requirements regarding the use and location of antipollution devices.

The requirements and standards established pursuant to this section may provide for additional protection if chemigation involves the application of a pesticide, rather than a fertilizer.

Source: SL 1988, ch 286, § 3.
S.D. Codified Laws § 34-11A-8 — SD Code / Title 34 / Chapter 11A / Section 34-11A-8
Conduct of election
Status: in_force

Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in §§ 6-16-4 to 6-16-6 , inclusive.

Source: SL 1982, ch 259, § 8; SL 1998, ch 36, § 24.
S.D. Codified Laws § 34-48A-12 — SD Code / Title 34 / Chapter 48A / Section 34-48A-12
Contents of plan--Supplies and equipment--Cooperation with federal government--Agreements with other states--Distribution and allocation--Training and information programs
Status: in_force

The secretary may with the approval of the Governor and in accordance with the plan and program for emergency management of this state:

(1) Procure supplies and equipment;

(2) Cooperate with the federal government, or any agency thereof, and to enter into agreements with any state of the United States or subdivision thereof or with any private agency therein for the procurement of food, fuel, supplies, and equipment necessary for civilian use;

(3) Provide for the distribution and allocation thereof to the inhabitants of this state in a manner consistent with the needs and requirements of the civil population thereof; and

(4) Institute training programs and public information programs, and take all other preparatory steps including the partial or full mobilization of emergency management organizations in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.

Source: SL 1949, ch 236, § 6; SL 1951, ch 285, § 6; SDC Supp 1960, § 41.01C05 (2) (c); SL 1977, ch 271, § 12; SL 2004, ch 17, § 188; SDCL § 33-15-11 .
S.D. Codified Laws § 34-48A-17 — SD Code / Title 34 / Chapter 48A / Section 34-48A-17
Department of Public Safety to promulgate rules for emergency reporting procedures
Status: in_force

The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26 , to establish reporting procedures pursuant to §§ 34-48A-13 to 34-48A-18 , inclusive, and to require any other information that is reasonably expected to provide the ability for any emergency agency in this state to contact local officials in the event of an emergency.

Source: SL 2002, ch 163, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 110; SDCL § 33-15-11.5 .
S.D. Codified Laws § 34-20E-17 — SD Code / Title 34 / Chapter 20E / Section 34-20E-17
Recommendations of advisory council
Status: in_force

The advisory council shall make recommendations to the board regarding:

(1) Safeguards for the release of information to persons who have access to the information contained in the central repository;

(2) The confidentiality of program information and the integrity of the patient's relationship with the patient's health care provider;

(3) Advancing the purposes of the program, including enhancement of the quality of health care delivery in this state; and

(4) The continued benefits of maintaining the program in relationship to the cost and other burdens to the state.

Source: SL 2010, ch 175, § 17.
S.D. Codified Laws § 34A-1-21 — SD Code / Title 34A / Chapter 1 / Section 34A-1-21
Permits required for air pollutant equipment and control devices--Applications--Rules--Recommendations by secretary--Hearings--Violation--Actions taken without a permit or in violation of permit conditions as misdemeanors
Status: in_force

The board may prohibit, by rules promulgated pursuant to chapter 1-26 , the installation, alteration, or use of any machine, equipment, device, or other article which it finds may cause or contribute to air pollution or is intended primarily to prevent or control the emission of air pollutants, unless a permit therefor has been obtained from the board or the secretary. Any person in violation of these rules is subject to § 34A-1-39 .

The board may require that applications for such permits shall be accompanied by plans, specifications, and such other information as the board deems necessary.

The board, by rules promulgated pursuant to chapter 1-26 , shall provide for the issuance, suspension, revocation, and renewal of any permits which it may reasonably require pursuant to this section. Procedures shall provide for a recommendation on such a permit matter by the secretary with an opportunity for a contested case hearing by the board on its own motion or upon protest by the applicant or an adversely affected person. If the recommendation of the secretary is not contested, that recommendation shall become a final determination on the application. If an uncontested recommendation is for approval or conditional approval of the application, the permit shall be issued by the secretary consistent with his recommendation.

A violation of a condition of a permit issued pursuant to this section is subject to § 34A-1-39 .

Any person who, without a permit, commits an action for which a permit is required is guilty of a Class 1 misdemeanor. Any violation of a permit condition is a Class 2 misdemeanor and is subject to § 34A-1-39 .

Source: SL 1970, ch 203, § 7; SDCL Supp, § 34-16A-27; SL 1977, ch 280, § 11; SL 1980, ch 238, § 16; SL 1991, ch 288, § 5; SL 1992, ch 158, § 13; SL 1992, ch 254, § 94.
S.D. Codified Laws § 34A-2-6 — SD Code / Title 34A / Chapter 2 / Section 34A-2-6
Planning consistent with federal requirements--Maximum daily loads
Status: in_force

The secretary may establish and conduct a continuing planning process consistent with the requirements of the Federal Water Pollution Control Act, as amended to January 1, 2011, including the establishment and application of maximum daily loads of pollutants.

Source: SL 1973, ch 280, § 6 (12); SDCL Supp, § 46-25-28; SL 2011, ch 165, § 35.
S.D. Codified Laws § 34-48A-50 — SD Code / Title 34 / Chapter 48A / Section 34-48A-50
Exemption from licensing requirements during emergency
Status: in_force

Any requirement for a license to practice any professional, mechanical, or other skill does not apply to any authorized emergency management worker who shall, in the course of performing his duties as such, practice such professional, mechanical, or other skill during a disaster or emergency.

Source: SL 1953, ch 288, § 6; SDC Supp 1960, § 41.01C09 (2); SL 1977, ch 271, § 39; SL 1992, ch 236, § 25; SDCL § 33-15-39 .
S.D. Codified Laws § 34-29A-51 — SD Code / Title 34 / Chapter 29A / Section 34-29A-51
Deposit of fees in boiler inspection fund
Status: in_force

The secretary of public safety, or his designee, shall deposit all fees received pursuant to §§ 34-29A-35.1 to 34-29A-37 , inclusive, to the treasurer of the state for deposit into the boiler inspection fund.

Source: SL 1973, ch 229, § 17; SL 1982, ch 18, § 71; SL 1989, ch 48, § 7; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-12-55 — SD Code / Title 34 / Chapter 12 / Section 34-12-55
Each facility to meet requirements of one of designated levels of trauma hospital
Status: in_force

Each hospital or freestanding emergency medical care facility shall meet the requirements of one of the designated levels of trauma hospitals as provided for in § 34-12-54 . The department may not direct a hospital or freestanding emergency medical care facility to establish a certain level of designation.

Source: SL 2008, ch 168, § 4; SL 2017, ch 150, § 6.
S.D. Codified Laws § 34-11A-27 — SD Code / Title 34 / Chapter 11A / Section 34-11A-27
Examination of financial reports of secretary-treasurer
Status: in_force

When the Department of Legislative Audit examines other county records, it shall examine the financial report of the secretary - treasurer of the ambulance district. The secretary - treasurer of the ambulance district shall, on or before January thirty - first of each year, file a financial report of the previous calendar year with the appropriate county auditor.

Source: SL 1982, ch 259, § 29; SL 1988, ch 276.
S.D. Codified Laws § 34-25-43 — SD Code / Title 34 / Chapter 25 / Section 34-25-43
Software, blanks and forms supplied by department--Use of forms or exact electronic replicas required
Status: in_force

The department shall prepare, print, and supply to all registrars, all software, blanks and forms used in registering, recording, and preserving the vital records, or in otherwise carrying out the purposes of this chapter. No blanks or forms may be used other than those supplied by the department or exact electronic replicas approved by the department.

Source: SDC 1939, § 27.0202; SL 1972, ch 194, § 35; SL 1999, ch 175, § 3; SL 2003, ch 186, § 8.
S.D. Codified Laws § 34-11-18 — SD Code / Title 34 / Chapter 11 / Section 34-11-18
Adverse action by department--Appeal
Status: in_force

Any party aggrieved by any act, ruling, or decision of the department acting pursuant to § 34-11-17 may appeal the act, ruling, or decision under the provisions of chapter 1-26 .

Source: SL 2024, ch 126, § 12.
S.D. Codified Laws § 34A-10-1 — SD Code / Title 34A / Chapter 10 / Section 34A-10-1
Parties entitled to maintain actions against pollution
Status: in_force

The attorney general, any political subdivision of the state, any instrumentality, or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity may maintain an action in the circuit court having jurisdiction where the alleged violation occurred for declaratory and equitable relief against the state, any political subdivision thereof, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, limited liability company, corporation, association, organization, or other legal entity for the protection of the air, water, and other natural resources and the public trust therein from pollution, impairment, or destruction. This section does not confer a right of action to challenge the issuance of a permit or license where the plaintiff has been notified of an agency proceeding in which the issues of environmental harm complained of might have been considered unless the agency refused to hear the complaint at such hearing. Actual notice or notice specified in the statute or rule governing the agency proceeding shall be sufficient.

Source: SL 1973, ch 144, § 2 (1); SDCL Supp, § 21-10A-1; SL 1981 (2d SS), ch 1, § 22; SL 1994, ch 351, § 69.
S.D. Codified Laws § 34-49-6 — SD Code / Title 34 / Chapter 49 / Section 34-49-6
Subsequent ASTM Standard Test Method
Status: in_force

The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in § 34-49-2 .

Source: SL 2009, ch 172, § 6, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-5-1 — SD Code / Title 34A / Chapter 5 / Section 34A-5-1
Areas subject to incorporation as districts
Status: in_force

If any populated area outside the boundary of any municipality is situated so that the sewage of the populated area becomes, or may become, a menace to the residents of the populated area or to the residents of any municipality adjacent to the populated area, the populated area may be incorporated as a sanitary district as provided in this chapter.

Source: SL 1947, ch 226, § 1; SDC Supp 1960, § 45.3801; SDCL § 34-17-1; SL 1992, ch 60, § 2; SL 2011, ch 165, § 85.
S.D. Codified Laws § 34-8-6 — SD Code / Title 34 / Chapter 8 / Section 34-8-6
Management of hospital by county commissioners--Rules and regulations
Status: in_force

On the completion of a county hospital the operation and management thereof shall be the responsibility of the board of county commissioners of the county owning such hospital and the board shall establish rules and regulations for its operations.

Source: SDC 1939, § 27.1904 as added by SL 1953, ch 126; SL 1966, ch 78.
S.D. Codified Laws § 34-25-52.2 — SD Code / Title 34 / Chapter 25 / Section 34-25-52.2
Additional fee for copy of birth record--Disposition
Status: in_force

In addition to the fee charged an applicant by the Department of Health for supplying a certified copy of the record of any birth, there shall be levied an additional charge of two dollars for the first copy requested and two dollars for each additional copy requested. The money collected shall be submitted by the collecting agency on a monthly basis to the state treasurer to be deposited in the children's trust fund.

Source: SL 1984, ch 194, § 2.
S.D. Codified Laws § 34-20G-25.1 — SD Code / Title 34 / Chapter 20G / Section 34-20G-25.1
Healthcare and accredited prevention or treatment facilities
Status: in_force

A health care facility, as defined in § 34-12-1.1 , an accredited prevention or treatment facility, as defined in § 34-20A-2 , a mental health center, as defined in § 27A-1-1 , a child welfare agency, as defined in § 26-6-1 , or a community support provider or community services provider, as defined in § 27B-1-17 , may adopt restrictions on the use of medical cannabis by a cardholder who resides at, is actively receiving treatment or care from, or is visiting the facility. The restrictions may include a provision that the facility will not store or maintain the cardholder's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for cardholders, and that the medical cannabis be used only in a place specified by the facility. Nothing in this section requires a facility to adopt such restrictions or requires a facility to allow the consumption of medical cannabis on the grounds of the facility.

No employee or agent of a facility may be subject to arrest, prosecution, or penalty of any kind, or may be denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a cardholder, or distribution of medical cannabis to a cardholder who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated.

Source: SL 2022, ch 117, § 2.
S.D. Codified Laws § 34-26A-20 — SD Code / Title 34 / Chapter 26A / Section 34-26A-20
Removal of cremated remains--Urn or temporary container
Status: in_force

Upon completion of a cremation, crematory personnel shall remove, from the cremation chamber, all recoverable cremation residue.

Crematory personnel shall place the cremated remains into an urn, if so directed in the authorization to cremate form. If no directives are included in the authorization to cremate form, crematory personnel shall place the cremated remains into a temporary container.

If all of the cremated remains do not fit in the selected urn or temporary container, crematory personnel shall place any remainder into an additional temporary container and release, deliver, or dispose of the urn and any containers in accordance with the directives in the authorization to cremate form.

Source: SL 1988, ch 283, § 20; SL 2023, ch 129, § 18.
S.D. Codified Laws § 34A-10-11 — SD Code / Title 34A / Chapter 10 / Section 34A-10-11
Equitable relief against detrimental conduct--Conditions imposed on defendant
Status: in_force

The court may grant temporary and permanent equitable relief, or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction.

Source: SL 1973, ch 144, § 5 (1); SDCL Supp, § 21-10A-11.
S.D. Codified Laws § 34-50-4 — SD Code / Title 34 / Chapter 50 / Section 34-50-4
Confidentiality of communication to or record of critical incident stress management team or peer support team
Status: in_force

Except as otherwise provided for in § 34-50-5 , a communication made by an emergency service provider to a critical incident stress management team or to a peer support team member while the provider receives critical incident stress management services is confidential and may not be disclosed in a civil or administrative proceeding.

Any record kept by a critical incident stress management team or a peer support team member, relating any critical incident stress management services to an emergency service provider, is confidential and is not subject to subpoena, discovery, or introduction into evidence in a civil or administrative proceeding.

Source: SL 2015, ch 187, § 4.
S.D. Codified Laws § 34-20B-22 — SD Code / Title 34 / Chapter 20B / Section 34-20B-22
Specific substances included in Schedule III
Status: in_force

The following are included in Schedule III:

(1) Nalorphine;

(2) Preparations which contain both Tiletamine and Zolazepam;

(3) Anabolic steroids as listed in § 34-20B-4.1 ;

(4) Ketamine.

Source: SL 1970, ch 229, § 8 (c); SDCL Supp, § 39-17-65; SL 1971, ch 224, §§ 1, 2; SL 1988, ch 282, § 3; SL 1992, ch 245, § 5; SL 1993, ch 247, § 6; SL 2000, ch 170, § 3.
S.D. Codified Laws § 34A-1-63 — SD Code / Title 34A / Chapter 1 / Section 34A-1-63
Definitions pertaining to clean air act settlement fund
Status: in_force

Terms used in § 34A-1-64 mean:

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

(2) "Clean air act settlement fund," South Dakota's share of the mitigation fund as a designated state beneficiary;

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

(4) "Mitigation fund," the Volkswagen Diesel Emissions Environmental Mitigation Trust administered by Wilmington Trust, N.A., the Trustee, which the United States District Court for the Northern District of California in the case of IN RE: VOLKSWAGEN "CLEAN DIESEL" MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION, Case No: MDL No. 2672 CRB (JSC) ordered to be created as part of Volkswagen Corporation's settlement with the United States and the State of California, the funds in which are to be used by states to reduce nitrogen oxide air emissions from mobile sources;

(5) "Secretary," the secretary of the Department of Agriculture and Natural Resources.

Source: SL 2019, ch 159, § 1, eff. Mar. 5, 2019; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-2-38 — SD Code / Title 34A / Chapter 2 / Section 34A-2-38
Limitations on volume and strength of waste discharged under permit--Specification of limitations and conditions
Status: in_force

The secretary shall clearly specify in any permit any limitations imposed as to the volume, strength, and other significant characteristics of the waste to be discharged consistent with provisions of §§ 34A-2-35 to 34A-2-43 , inclusive. The secretary shall specify in the permit any limitations and conditions that may be necessary to ensure the proper use and disposal of sewage sludge.

Source: SL 1973, ch 280, § 6 (3); SDCL Supp, § 46-25-54; SL 1992, ch 254, § 92.
S.D. Codified Laws § 34A-10-2.4 — SD Code / Title 34A / Chapter 10 / Section 34A-10-2.4
Authority to promulgate rules regarding terms and release of security and its disposition upon expiration of permit or license
Status: in_force

The Water Management Board and the Board of Minerals and Environment shall establish, by rules promulgated pursuant to chapter 1-26 :

(1) Criteria to determine the amount of security required and other terms as necessary to define the respective obligation of the parties;

(2) The procedure to follow and the circumstances under which the state or applicant may obtain board approval for the release of the security; and

(3) Conditions under which the security may be held by the state after the expiration of the permit or license.

Source: SL 1989, ch 306, § 71.
S.D. Codified Laws § 34-20D-5 — SD Code / Title 34 / Chapter 20D / Section 34-20D-5
Posting of notice
Status: in_force

A retailer shall post notice at the location where a product containing pseudoephedrine or ephedrine as an active ingredient is displayed or offered for sale stating the following:

South Dakota law prohibits the sale or purchase of more than two packages containing pseudoephedrine or ephedrine as an active ingredient unless sold or purchased with a valid prescription drug order prescribed by a practitioner as defined in § 36-11-2 with appropriate authority.

Source: SL 2005, ch 178, § 5; SL 2006, ch 181, § 5.
S.D. Codified Laws § 34-16-17 — SD Code / Title 34 / Chapter 16 / Section 34-16-17
Failure to dispose of dead animal as petty offense
Status: in_force

Whenever the owner and the person in charge of any unburied dead animal shall fail to burn or bury or cause the same to be burned or buried, or otherwise dispose of such body or cause the same to be buried in accordance with laws, rules, and regulations as required by §§ 34-16-14 to 34-16-16 , inclusive, he shall have committed a petty offense for each dead body so left unburned or unburied or otherwise disposed of.

Source: SL 1903, ch 11, § 7; RC 1919, § 7690; SL 1925, ch 121, § 7; SL 1931, ch 210, § 3; SDC 1939, § 27.9941; SL 1977, ch 190, § 29.
S.D. Codified Laws § 34A-2-48 — SD Code / Title 34A / Chapter 2 / Section 34A-2-48
Orders to clean up material spilled--Violation
Status: in_force

The secretary shall issue orders to any person to clean up any material which the person or the person's employee, agent, or subcontractor had accidentally or purposely dumped, spilled, or otherwise deposited in or in such proximity to state waters that they may pollute state waters. A violation of an order issued pursuant to this section is subject to § 34A-2-75 .

Source: SL 1973, ch 280, § 6 (6); SDCL Supp, § 46-25-64; SL 1992, ch 158, § 25B; SL 1993, ch 34, § 4; SL 2011, ch 165, § 46.
S.D. Codified Laws § 34-29A-46.1 — SD Code / Title 34 / Chapter 29A / Section 34-29A-46.1
Operating boilers--Notification requirements
Status: in_force

The owner or installing contractor of a boiler operating in the state subject to this chapter shall notify the Office of the State Fire Marshal of its location and operating pressure. The notification for new boilers shall be given prior to the commencement of operation, and for existing boilers the notification shall be given on or before January 1, 1997. The Department of Public Safety shall adopt rules and forms for implementing this section pursuant to chapter 1-26 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1996, ch 216, § 5; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34-12D-11 — SD Code / Title 34 / Chapter 12D / Section 34-12D-11
Withdrawal or withholding of life-sustaining treatment--Responsibilities of health care provider
Status: in_force

A health care provider need not participate in the withdrawal or withholding of life-sustaining treatment. However, a health care provider electing for any reason not to participate in the withholding or withdrawal of life-sustaining treatment shall make a reasonable effort to locate and to transfer the declarant to a physician or health care provider willing to honor the declaration.

Source: SL 1991, ch 273, § 11; SL 2007, ch 193, § 6.
S.D. Codified Laws § 34-20A-84 — SD Code / Title 34 / Chapter 20A / Section 34-20A-84
Hearing on petition for recommitment--Service and notice--Procedure
Status: in_force

Upon the filing of a petition for recommitment under § 34-20A-81 or 34-20A-82 , the court shall fix a date for hearing no later than ten days, excluding Saturdays, Sundays, or legal holidays, after the date the petition was filed. A copy of the petition and of the notice of hearing, including the date fixed by the court, shall be served on the petitioner, the person whose commitment is sought, his next of kin other than the petitioner, the original petitioner under § 34-20A-70 if different from the petitioner for recommitment, at least one parent or guardian if a minor, and any other person the court believes advisable. At the hearing the court shall proceed as provided in §§ 34-20A-74 to 34-20A-76 , inclusive.

Source: SL 1974, ch 240, § 12 (g); SL 1985, ch 277, § 33; SL 1993, ch 213, § 226.
S.D. Codified Laws § 34-35-18 — SD Code / Title 34 / Chapter 35 / Section 34-35-18
Secretary’s authority to set fires--Forest and range management
Status: in_force

The secretary of public safety or the secretary's designee may set fires in woods or prairie for the purposes of forest and range management, provided that reasonable forces and equipment are available to suppress the spread of the fire.

Source: SL 1980, ch 247, § 3; SL 2002, ch 252 (Ex. Ord. 02-1), § 16; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021; SL 2025, ch 142, § 3.
S.D. Codified Laws § 34-18-32 — SD Code / Title 34 / Chapter 18 / Section 34-18-32
Violation of chapter or rules or regulations as misdemeanor--Each day as separate offense
Status: in_force

Any lodging establishment, campground, food service establishment, temporary food service establishment, or mobile food service establishment owner violating the provisions of this chapter or the rules and regulations adopted pursuant to this chapter shall be guilty of a Class 2 misdemeanor. Each and every day of operation after serving the notice of closure shall constitute a distinct and separate offense.

Source: SL 1907, ch 165, § 7; SL 1909, ch 185, § 16; SL 1913, ch 238, § 24; SL 1915, ch 215, § 24; RC 1919, § 7843; SL 1921, ch 256, § 7; SL 1935, ch 173, § 13; SDC 1939, § 27.9933; SL 1963, ch 158, § 22; SL 1970, ch 199, § 19; SL 1977, ch 190, § 41.
S.D. Codified Laws § 34-29A-12 — SD Code / Title 34 / Chapter 29A / Section 34-29A-12
Suspension of special inspector's commission--Grounds--Notice--Appeal
Status: in_force

A special inspector's commission may be suspended by the Department of Public Safety after due investigation and recommendation by the chief inspector, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his application or in a report of any inspection made by him. Written notice of any such suspension shall be given by the Department of Public Safety within not more than ten days thereof to the inspector and his employer. A person whose commission has been suspended shall be entitled to an appeal to the secretary of public safety as provided in § 34-29A-48 and to be present in person or to be represented by counsel at the hearing of the appeal.

Source: SL 1973, ch 229, § 12; SL 1982, ch 18, § 42; SL 2003, ch 272, §§ 20, 121.
S.D. Codified Laws § 34A-1-50 — SD Code / Title 34A / Chapter 1 / Section 34A-1-50
Board orders after hearing
Status: in_force

If, after proceedings held pursuant to § 34A-1-48 or 34A-1-49 , the board finds that a violation or violations have occurred, it shall affirm or modify any order previously issued under § 34A-1-47 by the board chairman, or issue an appropriate order or orders for the prevention, abatement, or control of the emissions or air pollution involved. If, after proceedings on an order contained in a notice the board finds that no violation is occurring, it shall rescind the order.

Source: SL 1970, ch 203, § 10; SDCL Supp, § 34-16A-57; SL 1977, ch 280, § 17.
S.D. Codified Laws § 34A-3A-20 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-20
Annual fee schedule for public water systems
Status: in_force

There is hereby imposed an annual fee upon all public water systems under the provisions of section 1411 of the Federal Safe Drinking Water Act, 42 U.S.C. 300F et seq. as amended to January 1, 2011. The fee is assessed as follows:

(1) For community water systems including municipalities, rural water systems, housing subdivisions, trailer parks, sanitary districts, religious colonies, and government operated water systems, the fee shall be based upon 1990 census data for municipalities, population served for nonmunicipalities, and the following fee table:

Population Range

Fee ($)

25 to 50

15

51 to 100

30

101 to 200

60

201 to 300

100

301 to 400

140

401 to 500

180

501 to 600

220

601 to 700

260

701 to 800

300

801 to 900

340

901 to 1,000

380

1,001 to 2,000

600

2,001 to 3,000

1,000

3,001 to 4,000

1,400

4,001 to 5,000

1,800

5,001 to 6,000

2,200

6,001 to 7,000

2,600

7,001 to 8,000

3,000

8,001 to 9,000

3,400

9,001 to 10,000

3,800

10,001 to 11,000

4,200

11,001 to 12,000

4,600

12,001 to 13,000

5,000

13,001 to 14,000

5,400

14,001 to 15,000

5,800

15,001 to 16,000

6,200

16,001 to 17,000

6,600

17,001 to 18,000

7,000

18,001 to 19,000

7,400

19,001 to 20,000

7,800

20,001 to 30,000

10,000

30,001 to 40,000

14,000

40,001 to 50,000

18,000

50,001 to 60,000

22,000

60,001 to 70,000

26,000

70,001 to 80,000

30,000

80,001 to 90,000

34,000

90,001 to 100,000

38,000

100,001 or more

41,000

(2) For noncommunity water systems including private campgrounds, government-operated campgrounds, interstate highway rest areas, tourist attractions, gas stations, motels, public and private schools, and other systems providing drinking water to the public--$10.00 minimum.

The fee imposed by this section is in addition to any other fee or tax.

Source: SL 1992, ch 254, § 68; SL 2011, ch 165, § 82.
S.D. Codified Laws § 34A-3A-6 — SD Code / Title 34A / Chapter 3A / Section 34A-3A-6
Exemption of public water supply systems--Requirements
Status: in_force

The secretary may exempt any public water supply system from any maximum contaminant level upon finding that:

(1) Due to compelling factors, including economic, the public water system is unable to comply with the contaminant level. In assessing the compelling factors the secretary shall consider such factors as construction, installation, or modification of treatment equipment or systems, and the time needed to replace an existing noncomplying facility with a new treatment system;

(2) The public water system was in operation on the effective date of the maximum contaminant level regulations;

(3) The granting of the exemption will not result in an unreasonable risk to health; and

(4) Within one year of the date of exemption authorization, a schedule for compliance be issued and the owner of the supply agree to implement the schedule.

Source: SL 1983, ch 260, § 6.
S.D. Codified Laws § 34-45-27 — SD Code / Title 34 / Chapter 45 / Section 34-45-27
Commission reserves right to refuse application
Status: in_force

Notwithstanding §§ 23A-27-14 and 23A-27-17 , the commission may refuse the application of any person who seeks certification as a 911 telecommunicator or may revoke the certification of any 911 telecommunicator if the person or the 911 telecommunicator has received an order pursuant to § 23A-27-13 .

Source: SL 1998, ch 142, § 6.
S.D. Codified Laws § 34-36-9 — SD Code / Title 34 / Chapter 36 / Section 34-36-9
Demand for hearing on order--Hearing date--Appeal
Status: in_force

Any person aggrieved by an order issued pursuant to § 34-36-5 may, within ten days after receipt thereof, demand a hearing by serving the secretary of public safety with a copy of such demand. The State Fire Marshal shall set a hearing date which shall be within twenty days of receiving the demand. The State Fire Marshal shall notify the aggrieved party at least ten days prior to the hearing. The proceedings shall be conducted as in contested cases and appeal may be made as provided by chapter 1-26 .

Source: SL 1991, ch 285, § 4; SL 2003, ch 272, §§ 23; SL 2004, ch 17, § 224.
S.D. Codified Laws § 34A-2B-1 — SD Code / Title 34A / Chapter 2B / Section 34A-2B-1
Definitions
Status: in_force

Terms used in this section mean:

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

(2) "Corrective action cost," any cost incurred by the department in the investigation of a discharge from a livestock operation; in the corrective action that is required if the secretary determines that a discharge has occurred, or a potential for a discharge exists but an owner, operator, or liability fund capable of performing the corrective actions either cannot be identified, refuses, or is unable to undertake the corrective actions; or the performance of reasonable measures undertaken to prevent or mitigate damage to the public health, safety, welfare, or environment of the state;

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

(4) "Discharge," an intentional or unintentional act or omission which results in the release, spill, leak, escape, or disposal of manure or other materials or wastes associated with livestock operations that have not been contained or managed properly and are a source of harm or a threat of harm to public health, safety, or the environment, and must be corrected. The term excludes any allowable discharge from a livestock operation made in compliance with the conditions of a state environmental permit;

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

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

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

(8) "Responsible person," a person who has caused a discharge of manure or other material or waste associated with livestock operations, or a person who is an owner or operator of a livestock operation at any time during or after the discharge, or a person otherwise jointly or severally liable under law for the discharge; and

(9) "Secretary," the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1998, ch 216, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-52-2 — SD Code / Title 34 / Chapter 52 / Section 34-52-2
Treatment of patients through telehealth--Requirements
Status: in_force

Any health care professional treating a patient in the state through telehealth shall be:

(1) Fully licensed to practice in the state or employed by a licensed health care facility, an accredited prevention or treatment facility, a community support provider, a nonprofit mental health center, or a licensed child welfare agency under § 36-32-76 ; and

(2) Subject to any rule adopted by the applicable South Dakota licensing body.

Consultation between a resident health care professional and a nonresident health care professional under this chapter is governed by § 36-2-9 .

Source: SL 2019, ch 156, § 2; SL 2020, ch 165, § 49.
S.D. Codified Laws § 34-20E-6 — SD Code / Title 34 / Chapter 20E / Section 34-20E-6
Procedures for security of patent information
Status: in_force

The board shall establish and maintain procedures to ensure that the privacy, confidentiality, and security of patient information collected, recorded, transmitted, and maintained is not disclosed except as provided in § 34-20E-7 .

Source: SL 2010, ch 175, § 6.
S.D. Codified Laws § 34-35-8 — SD Code / Title 34 / Chapter 35 / Section 34-35-8
Throwing match or burning object from vehicle as misdemeanor
Status: in_force

Any person who shall drop or throw from any vehicle or other means of transportation any burning match, cigarette, cigar, ashes of pipe, or other burning substance of any kind is guilty of a Class 2 misdemeanor.

Source: SL 1937, ch 94; SDC 1939, § 13.1613; SL 1977, ch 190, § 91.
S.D. Codified Laws § 34-44-33 — SD Code / Title 34 / Chapter 44 / Section 34-44-33
Certain persons not required to be certified
Status: in_force

Persons who carry out action, as defined in the Asbestos Hazard Emergency Response Act of 1986 sections 203(f) and 204(c) are not required to be certified.

Source: SL 1988, ch 284, § 31.
S.D. Codified Laws § 34A-6-74 — SD Code / Title 34A / Chapter 6 / Section 34A-6-74
Filing of solid waste source reduction and recycling plan--Department review and aid in development--Hearings--Updating of plans
Status: in_force

Every municipality or other political subdivision responsible for solid waste management shall file with the department by January 1, 1994, a comprehensive solid waste source reduction and recycling plan detailing the method by which the municipality or other political subdivision responsible for solid waste management will comply with the requirements of § 34A-6-67 to establish and implement a comprehensive solid waste source reduction and recycling program for its residents. For the purposes of this section, any public or private entity managing the solid waste stream for a municipality or county shall file one comprehensive plan on behalf of its members with the filing requirements of this section. The department shall review each comprehensive plan submitted and may reject, suggest modifications to, or approve the proposed plan. The department shall aid in the development of comprehensive plans for compliance with this section and shall make available appropriate forms for the submission of comprehensive plans. The department may hold hearings for the purpose of implementing this section. The comprehensive plan required in this section shall be updated and submitted to the department for approval five years after its most recent approval. The department may, consistent with rules promulgated by the board pursuant to chapter 1-26 , require the filing or updating of a plan at other times.

Source: SL 1992, ch 254, § 37.
S.D. Codified Laws § 34-26-50 — SD Code / Title 34 / Chapter 26 / Section 34-26-50
Applicability
Status: in_force

Sections 34-26-48 to 34-26-72 , inclusive, apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Source: SL 2007, ch 197, § 3.
S.D. Codified Laws § 34-20B-44 — SD Code / Title 34 / Chapter 20B / Section 34-20B-44
Failure to keep or furnish required record or report prohibited--Civil fine--Knowing violation as felony
Status: in_force

No person shall refuse or fail to make, keep, or furnish any record, report, notification, order form, statement, invoice, or information required under this chapter. A violation of this section may be punished by a civil fine of not more than ten thousand dollars. In addition, if the violation was done knowingly, it is a Class 6 felony.

Source: SL 1970, ch 229, § 10 (d) (4); SDCL Supp, § 39-17-100; SL 1977, ch 190, § 399.
S.D. Codified Laws § 34A-18-3 — SD Code / Title 34A / Chapter 18 / Section 34A-18-3
Updating of oil spill response plan
Status: in_force

Each crude oil pipeline operator shall update its response plan to address new or different operating conditions or information. Each operator shall review its response plan in full at least every five years from the date of the last submission.

Source: SL 2008, ch 180, § 3.
S.D. Codified Laws § 34-12-69 — SD Code / Title 34 / Chapter 12 / Section 34-12-69
Guidance documents--Visitation--Posting requirement
Status: in_force

During a health emergency, each facility shall post on its website, if one exists, a link to the most recent guidance documents provided from or through the Department of Health and pertaining to the imposition of restrictions or limitations on visitation and the conditions under which such restrictions or limitations may be reduced or removed.

Source: SL 2021, ch 142, § 3.
S.D. Codified Laws § 34A-1-59 — SD Code / Title 34A / Chapter 1 / Section 34A-1-59
Establishment of air quality subfund--Source of subfund--Administration--Expenditures--Unexpended funds
Status: in_force

There is hereby established in the environmental fee fund created in § 1-41-23 , the air quality subfund. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts, and fees received pursuant to § 34A-1-58 . The subfund shall be maintained separately and be administered by the department in order to defray the expenses of all activities associated with administering the air quality permit program. Expenditures from the subfund shall be appropriated through the normal budget process. Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 74; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-24-24 — SD Code / Title 34 / Chapter 24 / Section 34-24-24
Information to be provided to parents or guardians
Status: in_force

The Department of Health shall provide to the parents or guardians responsible for the care of an affected child, information about accepted medical procedures for treating any identified metabolic, inherited, or genetic disorder. A parent or guardian may decline such information.

Source: SL 1973, ch 233, § 4; SL 2015, ch 185, § 5.
S.D. Codified Laws § 34A-3-13 — SD Code / Title 34A / Chapter 3 / Section 34A-3-13
Certified operators required for plants and systems--Time allowed to qualify--Misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person, firm, or corporation, municipal or private, operating a water supply system or wastewater system to operate the water treatment plant, wastewater treatment plant, water distribution and wastewater collection systems unless the competency of the operator who is in direct responsible charge is certified by the secretary. Each operator who is in direct responsible charge shall, within one year from the date of his or her employment, become certified under the provisions of this chapter. It is a Class 2 misdemeanor for any person to perform the duties of an operator without being certified.

Source: SL 1970, ch 217, § 9; SDCL Supp, § 36-22A-12; SL 1977, ch 190, § 199; SL 2011, ch 165, § 72.
S.D. Codified Laws § 34-9-2 — SD Code / Title 34 / Chapter 9 / Section 34-9-2
Types of institutions covered
Status: in_force

In § 34-9-1 , the term "hospital" may be construed to include a nursing facility or a home for the aged.

Source: SDC 1939, § 45.0202 (2) as added by SL 1959, ch 265; SL 1964, ch 140; SL 1968, ch 180.
S.D. Codified Laws § 34-14-6 — SD Code / Title 34 / Chapter 14 / Section 34-14-6
Legislative findings as to use of animals in research
Status: in_force

The public health and welfare depend on the humane use of animals for the diagnosis and treatment of human and animal diseases, the advancement of veterinary, dental, medical, and biological sciences, and the testing and diagnosis, improvement, and standardization of laboratory specimens, biologic products, pharmaceuticals, and drugs.

Source: SL 1951, ch 136, § 1; SDC Supp 1960, § 27.2601.
S.D. Codified Laws § 34A-6-58 — SD Code / Title 34A / Chapter 6 / Section 34A-6-58
General permit for category of solid waste treatment, storage or disposal--Terms and conditions--Suspension, revocation or modification
Status: in_force

Upon the recommendation of the secretary and after public notice in at least three newspapers of general circulation in this state and notice to all municipalities, counties, and tribal governments and opportunity for public hearing, the board may issue a general permit for a category of solid waste treatment, storage, or disposal. A general permit issued by the board may be subject to such terms and conditions for installation, establishment, modification, operation, or abandonment of a category of solid waste treatment, storage, or disposal as the board finds reasonably necessary to adequately protect the public health, safety, welfare, and the environment of this state. Waste treatment, storage, or disposal activities conducted in conformity with a general permit do not require a permit issued under § 34A-6-1.13 .

A general permit shall remain in effect until suspended, revoked, or modified by the board. A general permit may be modified after public notice and opportunity for public hearing. A general permit may be suspended or revoked after publication of notice and order of suspension and revocation in at least three newspapers of general circulation in this state. If an affected facility or interested party wishes to contest the order, a request for hearing shall be filed with the department within twenty days. A hearing on the matter shall be held as soon thereafter as practicable. Notice of hearing shall be published in at least three newspapers of general circulation in this state. Any facility operating under a general permit pursuant to this section, upon the filing of a complaint to the board, and upon action by the board in accordance with the contested case provisions of chapter 1-26 , may be removed from the jurisdiction of the general permit and required to obtain an individual permit.

Source: SL 1991, ch 288, § 4.
S.D. Codified Laws § 34-29A-42 — SD Code / Title 34 / Chapter 29A / Section 34-29A-42
Duration of certificates issued on special inspector's reports
Status: in_force

An operation certificate issued pursuant to § 34-29A-39 is valid for not more than fourteen months from its date in the case of power boilers and high pressure, high temperature water boilers and twenty - six months in the case of heating boilers and hot water supply boilers. In the case of those boilers covered by subdivisions 34-29A-26(1), (2), and (3), for which the chief inspector has established or extended the operating period between required inspections, the certificate is valid for a period not more than two months beyond the period set by the chief inspector.

Source: SL 1973, ch 229, § 15; SL 1978, ch 257, § 5; SL 1982, ch 18, § 64.
S.D. Codified Laws § 34-14-17 — SD Code / Title 34 / Chapter 14 / Section 34-14-17
Research subjecting human embryo to substantial risk prohibited--Sale or transfer of embryos for research prohibited--Violation as misdemeanor
Status: in_force

No person may knowingly conduct nontherapeutic research that subjects a human embryo to substantial risk of injury or death. No person may sell or transfer a human embryo with the knowledge that the embryo will be subjected to nontherapeutic research. A violation of this section is a Class 1 misdemeanor.

Source: SL 2000, ch 169, § 2.
S.D. Codified Laws § 34-12H-2 — SD Code / Title 34 / Chapter 12H / Section 34-12H-2
Patient or representative may execute MOST
Status: in_force

A patient with decision-making capacity, or in the case that a patient lacks decision-making capacity, the patient's authorized representative, may execute a MOST in the form and manner prescribed by § 34-12H-4 .

Source: SL 2019, ch 146, § 2.
S.D. Codified Laws § 34-28-7 — SD Code / Title 34 / Chapter 28 / Section 34-28-7
Safety glass required in hazardous locations
Status: in_force

It is a Class 2 misdemeanor within the State of South Dakota to knowingly install, cause to be installed, or consent to installation of glazing materials other than safety glazing materials in any hazardous location.

Source: SL 1973, ch 232, § 3; SL 1977, ch 190, § 81.
S.D. Codified Laws § 34-3-6 — SD Code / Title 34 / Chapter 3 / Section 34-3-6
Departmental funds deposited with county treasurer--Disbursements
Status: in_force

In the case of a full - time county health department, all funds made available for the operation of such department from all sources shall be deposited with the county treasurer who shall disburse said funds as provided by law upon vouchers certified by the health officer.

Source: SL 1953, ch 129, § 13; SDC Supp 1960, § 27.18A13.
S.D. Codified Laws § 34A-17-7 — SD Code / Title 34A / Chapter 17 / Section 34A-17-7
Notice--Copy of covenant
Status: in_force

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:

(1) Each person that signed the covenant;

(2) Each person holding a recorded interest in the real property subject to the covenant;

(3) Each person in possession of the real property subject to the covenant;

(4) Each municipality or other unit of local government in which real property subject to the covenant is located; and

(5) Any other person the agency requires.

(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.

Source: SL 2005, ch 196, § 7.
S.D. Codified Laws § 34A-16-6 — SD Code / Title 34A / Chapter 16 / Section 34A-16-6
Amendment of articles of incorporation
Status: in_force

The articles of incorporation of a regional recycling and waste management district may be amended by a resolution approved by at least two - thirds of the governing bodies of the municipalities and counties included in the district.

Source: SL 1993, ch 259, § 6.
S.D. Codified Laws § 34A-2-98 — SD Code / Title 34A / Chapter 2 / Section 34A-2-98
Underground storage tanks--Definitions
Status: in_force

Terms used in this section and § 34A-2-99 mean:

(1) "Department," Department of Agriculture and Natural Resources;

(2) "Local designated agencies," agencies of subdivisions of state government which are designated by the Governor to carry out specific portions of this section and § 34A-2-99 ;

(3) "Nonoperational storage tank," any underground storage tank in which regulated substances may not be deposited or from which regulated substances may not be dispensed;

(4) "Regulated substance," any substance defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(14) (January 1, 2024), but not including any substance regulated as a hazardous waste under subtitle (C), and petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure, 60 degrees Fahrenheit and 14.7 pounds per square inch absolute; and

(5) "Underground storage tank," any tank or combination of tanks, including connected underground pipes, which contains an accumulation of regulated substances, and the volume of which, including the volume of the connected underground pipes, is ten percent or more beneath the surface of the ground. This term does not include:

(a) A farm or residential tank with a capacity of one thousand one hundred gallons or less used for storing motor fuel for noncommercial purposes;

(b) A tank used for storing heating oil for consumptive use on the premises where stored;

(c) A septic tank;

(d) A pipeline facility, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq. (January 1, 2024), the Hazardous Liquid Pipeline Safety Act of 1979, 49 U.S.C. § 60101 et seq. (January 1, 2024), or a pipeline which is an intrastate pipeline facility regulated under state laws comparable to the provisions of law referred to above;

(e) A surface impoundment, pit, pond or lagoon;

(f) A storm water or wastewater collection system;

(g) A flow-through process tank;

(h) A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations;

(i) A storage tank situated in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel if the storage tank is situated upon or above the surface of the floor; and

(j) Any pipes connected to any tank described in subsections (a) to (i), inclusive, of this subdivision.

Source: SL 1985, ch 284, § 1; SL 2011, ch 165, § 60; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021; SL 2024, ch 145, § 2.
S.D. Codified Laws § 34-26-4 — SD Code / Title 34 / Chapter 26 / Section 34-26-4
Dissection authorized by spouse or next of kin
Status: in_force

The right to dissect the dead body of a human being exists whenever any spouse or next of kin of a deceased person, or any other person, being charged by law with the duty of burial authorizes such dissection of the dead body or any part thereof for the purpose of ascertaining the cause of death or for the purpose of scientific use or advancement of medical science.

Source: PenC 1877, § 351, subdiv 3; CL 1887, § 6552, subdiv 3; RPenC 1903, § 356, subdiv 3; RC 1919, § 3870 (3); SDC 1939, § 27.1304 (3); SL 1963, ch 152.
S.D. Codified Laws § 34-48A-36 — SD Code / Title 34 / Chapter 48A / Section 34-48A-36
Authority to accept federal moneys, services, or equipment--Conditions
Status: in_force

If the federal government, or any agency or officer thereof, or any person, firm, or corporation offers to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for emergency management, the Governor or the political subdivision, acting through the Governor, or such political subdivision, acting through its executive officer or governing body, may accept such offer. Upon acceptance the Governor or executive officer or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

Source: SL 1949, ch 236, § 11; SL 1951, ch 285, § 11; SDC Supp 1960, § 41.01C10 (2); SL 1977, ch 271, § 6; SL 1992, ch 236, § 12; SDCL § 33-15-25 .
S.D. Codified Laws § 34-20G-22 — SD Code / Title 34 / Chapter 20G / Section 34-20G-22
Employment and drug testing--Adverse action not prohibited for safety-sensitive position
Status: in_force

Except as otherwise provided in this chapter, a registered qualifying patient who uses cannabis for a medical purpose must be afforded the same rights under state and local law, as the person would be afforded if the person were solely prescribed a pharmaceutical medication, as it pertains to:

(1) Any interaction with a person's employer;

(2) Drug testing by a person's employer; or

(3) Drug testing required by any state or local law, agency, or government official.

Nothing in this section prohibits adverse employment action, based solely on a positive test result for cannabis metabolites, if the person is employed in a safety-sensitive job.

Nothing in this section prohibits an employer from refusing to hire a person, based solely on a positive test result for cannabis metabolites, if the person is seeking employment in a safety-sensitive job.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2024, ch 135, § 1.
S.D. Codified Laws § 34A-1-5 — SD Code / Title 34A / Chapter 1 / Section 34A-1-5
Administration of chapter--Board functions--Enforcement as to radioactive substances
Status: in_force

The administration of this chapter is the responsibility of the secretary except that the Board of Minerals and Environment shall perform any quasi-judicial, quasi-legislative, advisory, and special budgetary functions set out in this chapter. The board, with the concurrence of the secretary may enforce those regulations promulgated pursuant to chapter 34-21 which pertain to the release of radioactive substances into the atmosphere.

Source: SL 1970, ch 203, § 3; SDCL Supp, § 34-16A-11; SL 1971, ch 204, § 1; SL 1977, ch 280, § 3; SL 1978, ch 250, § 7; SL 2011, ch 165, § 7.
S.D. Codified Laws § 34-18-36.1 — SD Code / Title 34 / Chapter 18 / Section 34-18-36.1
Food safety training––Authorized sales
Status: in_force

Any producer who verifies compliance with the food safety training requirements set forth in accordance with § 34-18-36 , may sell the following:

(1) Any non-heat-processed fermented food, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit;

(2) Kuchen and baked goods that require time and temperature control for safety, including soft pies, cheesecake, and baked goods having a custard or cream filling, and sauces and pesto that require time and temperature control for safety, provided the food is consistently maintained at a temperature that is at or below forty-one degrees Fahrenheit; and

(3) Home-processed frozen fruit and produce, provided the food is consistently maintained at a temperature that is at or below zero degrees Fahrenheit.

Source: SL 2022, ch 106, § 3.
S.D. Codified Laws § 34-18-27.2 — SD Code / Title 34 / Chapter 18 / Section 34-18-27.2
Consideration of new application after correction of conditions
Status: in_force

If a lodging establishment, campground, food service establishment, or mobile food service establishment license is suspended or revoked as provided in § 34-18-27.1 , a new application for license may be considered by the department when satisfactory evidence has been submitted to show that the conditions upon which suspension or revocation was based have been corrected. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules promulgated thereunder have been complied with.

Source: SL 1986, ch 281, § 9.
S.D. Codified Laws § 34A-16-31 — SD Code / Title 34A / Chapter 16 / Section 34A-16-31
Solid waste management fund--Separate accounts--Audit requirements
Status: in_force

Any district owning or operating solid waste management property or facilities shall continuously maintain a special account on its official books and records designated as the solid waste management fund, to which it shall credit all receipts from the contracts, rates, and charges authorized in this chapter and from the sale of real or personal property pertaining to solid waste management purposes, and the proceeds of all gifts, grants, loans, and issues of bonds for such purposes, and to which it shall charge all costs of the acquisition, construction, enlargement, improvement, repair, supervision, control, maintenance, and operation of property, facilities, and services. Separate accounts may be established within this fund for the segregation of revenues pledged for the payment of bonds or loans or money granted or borrowed for use for a specific purpose. The district shall provide an annual statement of assets, debts, revenue, and expenses to the governing body of each county and municipality included with the district. The district is subject to the same audit requirements as those set for counties in § 4-11-4 .

Source: SL 1993, ch 259, § 33.
S.D. Codified Laws § 34-48A-53 — SD Code / Title 34 / Chapter 48A / Section 34-48A-53
Uniform Emergency Management Assistance Compact
Status: in_force

The Uniform Emergency Management Assistance Compact is hereby enacted into law and entered into by the State of South Dakota with all other states legally joining the compact, in the form substantially as follows:

This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.

The purpose of this compact is to provide the mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies of the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:

i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack.

ii. Review party states individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

iv. Assist in warning communities adjacent to or crossing the state boundaries.

v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material.

vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

vii. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.

B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:

i. A description of the emergency service function for which assistance is needed, such as fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.

iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.

C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities.

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.

Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state, whichever is longer.

Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise.

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses may not be reimbursable under this provision.

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

A. This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government.

This Act shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this Act and the applicability thereof to other persons and circumstances shall not be affected thereby.

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of title 18, United States Code.

Source: SL 1996, ch 210; SDCL § 33-15-48 .
S.D. Codified Laws § 34-26-61 — SD Code / Title 34 / Chapter 26 / Section 34-26-61
Rights and duties of procurement organization and others
Status: in_force

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Department of Public Safety and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.

(b) A procurement organization must be allowed reasonable access to information in the records of the Department of Public Safety to ascertain whether an individual at or near death is a donor.

(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

(d) Unless prohibited by law other than §§ 34-26-48 to 34-26-72 , inclusive, at any time after a donor's death, the person to which a part passes under § 34-26-58 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

(e) Unless prohibited by law other than §§ 34-26-48 to 34-26-72 , inclusive, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.

(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in § 34-26-56 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.

(h) Subject to §§ 34-26-58(i) and 34-26-70 , the rights of the person to which a part passes under § 34-26-58 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and §§ 34-26-48 to 34-26-72 , inclusive, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under § 34-26-58 , upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.

(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.

(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

Source: SL 2007, ch 197, § 14.
S.D. Codified Laws § 34-26-1 — SD Code / Title 34 / Chapter 26 / Section 34-26-1
Personal right to direct disposition of body and bodily parts
Status: in_force

Every person has the right to direct the manner in which his body or any part thereof shall be disposed of after his death, and to direct the manner in which any part of his body which becomes separated therefrom during his lifetime shall be disposed of. The provisions of §§ 34-26-4 to 34-26-7 , inclusive, of §§ 34-26-17 to 34-26-19 , inclusive, and of §§ 34-26-7 5 to 34-26-80 , inclusive, do not apply where such person has given directions for the disposal of his body or any part thereof inconsistent with those provisions.

Source: PenC 1877, § 348; CL 1887, § 6549; RPenC 1903, § 353; RC 1919, § 3867; SDC 1939, § 27.1301; SL 1963, ch 152; SL 2022, ch 113, § 8.
S.D. Codified Laws § 34-20G-54 — SD Code / Title 34 / Chapter 20G / Section 34-20G-54
Person using cannabis for medical purpose not subject to discipline or forfeiture
Status: in_force

(1) Disciplinary action by an occupational or professional licensing board or bureau; or

(2) Forfeiture of any interest in or right to any property other than cannabis.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021.
S.D. Codified Laws § 34-12H-3 — SD Code / Title 34 / Chapter 12H / Section 34-12H-3
Representative may only act when patient lacks decision-making capacity
Status: in_force

A patient's authorized representative may execute a MOST only if the patient lacks decision-making capacity. The patient's lack of decision-making capacity shall be recorded in the patient's medical record.

Source: SL 2019, ch 146, § 3.
S.D. Codified Laws § 34-21-24 — SD Code / Title 34 / Chapter 21 / Section 34-21-24
Records required with respect to ionizing radiation sources and environmental monitoring
Status: in_force

The agency shall require each person who acquires, possesses, or uses a source of ionizing radiation to maintain records relating to its receipt, storage, transfer, or disposal and any other records as the agency may require subject to any exemptions provided by rules or regulations. Records shall be kept relating to any environmental monitoring of radiation and shall be submitted to the agency on request.

Source: SDC Supp 1960, § 27.17A04 (19) as added by SL 1967, ch 107, § 2; SL 1980, ch 242, § 10.
S.D. Codified Laws § 34A-13-15 — SD Code / Title 34A / Chapter 13 / Section 34A-13-15
Employment of staff--Costs and appropriations--Delegation of authority
Status: in_force

The department shall hire and provide staff to support its activities. The staff must be employees of the executive branch of state government and subject to the statutes, rules, and other conditions of employment that are applied to employees in the executive branch of state government. All necessary costs and appropriations must be paid from the inspection fees collected pursuant to this chapter. Reimbursements previously made, upon which no contested case was requested prior to January 1, 1992, are hereby ratified except to the extent the state or federal constitution may require judicial review. The department may delegate to the director the duties and authority necessary to complete the daily operation and administration of the fund.

Source: SL 1988, ch 290, § 15; SL 1990, ch 292, § 7; SL 1991, ch 294, § 7; SL 1992, ch 260, § 16; SL 2024, ch 146, § 9.
S.D. Codified Laws § 34A-1-22 — SD Code / Title 34A / Chapter 1 / Section 34A-1-22
Prevention of stationary pollution sources not in compliance
Status: in_force

The department may enjoin the construction, modification, or operation of any stationary source of air pollution at any location where the emissions from such sources will prevent the attainment and maintenance of compliance with rules and regulations adopted by the board.

Source: SDCL, § 34-16A-16 as added by SL 1973, ch 222, § 2; SDCL Supp, § 34-16A-27.1; SL 1992, ch 158, § 14.
S.D. Codified Laws § 34-20A-113 — SD Code / Title 34 / Chapter 20A / Section 34-20A-113
One-time immunity
Status: in_force

Any person seeking medical assistance or who reports a person is in need of medical assistance shall only qualify once for immunity under §§ 34-20A-109 to 34-20A-112 , inclusive.

Source: SL 2017, ch 154, § 5.
S.D. Codified Laws § 34A-8A-2 — SD Code / Title 34A / Chapter 8A / Section 34A-8A-2
Promulgation of list of species of management concern--Factors considered
Status: in_force

The secretary of the Department of Agriculture and Natural Resources and the Game, Fish and Parks Commission shall establish, by rules promulgated pursuant to chapter 1-26 , a list of species of management concern. In determining whether a species should be listed, the following factors are to be considered:

(1) Whether the species or its habitat, or both are of value ecologically and aesthetically and at the same time burdensome for property owners; and

(2) Whether the species may warrant protection at times and control at others depending on the rate of reproduction, climate, disease, population viability, and other factors.

Source: SL 2001, ch 191, § 2; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34A-13-54 — SD Code / Title 34A / Chapter 13 / Section 34A-13-54
Director to suspend payments except at high-risk sites when fund balance is two million dollars or less
Status: in_force

Except at sites determined to be high risk by the secretary of the Department of Agriculture and Natural Resources using risk - based corrective action criteria, the director shall suspend payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the balance of the fund is two million dollars or below. The director shall resume payments for tank pulling and corrective action at abandoned sites eligible for the abandoned tank removal program if the fund balance exceeds two million dollars. Except as provided in §§ 34A-13-49 to 34A-13-54 , inclusive, all other limits of coverage, conditions, and criteria in this chapter apply to tank pulling and corrective action taken at abandoned sites.

Source: SL 2000, ch 175, § 6; SL 2002, ch 170, § 6; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 53, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-11-12.3 — SD Code / Title 34 / Chapter 11 / Section 34-11-12.3
Ambulance operator--Requirements--Documents retained
Status: in_force

An ambulance operator must be eighteen years or older, possess a driver's license, and:

(1) Be licensed as emergency medical services personnel in accordance with chapter 36-4B ;

(2) Be a firefighter;

(3) Be a law enforcement officer, as defined in § 23-3-27 ; or

(4) Provide documentation to the ambulance service that the individual:

(a) Has completed training in cardiopulmonary resuscitation offered by a state or national organization and approved by the medical or program director; and

(b) Has completed an emergency vehicle operator course, which consists of at least six hours of instruction, offered by a state or national organization, and approved by the medical or program director.

The ambulance service shall maintain the documentation required by this section and shall provide it to the department, upon request.

Source: SL 2026, ch 136, § 4.
S.D. Codified Laws § 34-11-9 — SD Code / Title 34 / Chapter 11 / Section 34-11-9
Exemptions from license requirements
Status: in_force

The following are exempt from the provisions of §§ 34-11-2 to 34-11-8 , inclusive:

(1) The occasional use of a privately owned vehicle or aircraft, not ordinarily used in the business of providing ambulance service or operating under the provisions of § 32-34-3 ;

(2) A vehicle that provides ambulance services following a disaster or emergency, if ambulances based in the area are unable to provide the necessary services;

(3) An ambulance service based outside of this state, unless the service is receiving a patient in this state and providing medical transportation to another location in this state;

(4) A vehicle owned and operated by a rescue squad, provided the vehicle is not regularly used as an ambulance outside of rescue operations;

(5) An ambulance owned and operated by the federal government; and

(6) A vehicle used to provide coach service, by prior appointment, for persons who require non-emergency medical transportation.

Source: SL 1974, ch 239, § 6; SL 1982, ch 259, § 33; SL 1989, ch 287, § 2; SL 1992, ch 240, § 6; SL 2024, ch 126, § 13.
S.D. Codified Laws § 34-1-27 — SD Code / Title 34 / Chapter 1 / Section 34-1-27
Violation of regulation or direction as misdemeanor
Status: in_force

Every person violating any regulation of the Department of Health made pursuant to the provisions of this chapter, or violating any lawful direction of any board of health or health officer is guilty of a Class 1 misdemeanor.

Source: SL 1913, ch 109, § 5; SL 1917, ch 353, § 3; RC 1919, § 7668; SDC 1939, § 27.9901; SL 1977, ch 190, § 6.
S.D. Codified Laws § 34-21-1 — SD Code / Title 34 / Chapter 21 / Section 34-21-1
State policy as to uses of radiation and uranium resources
Status: in_force

Whereas radiation and uranium resources can be instrumental in the improvement of health, welfare, and productivity of the public if properly utilized and developed, and may impair the health of the people and the industrial and agricultural potentials of the state if improperly utilized or developed, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation, proper development of uranium resources, and control of any associated harmful effects.

Source: SL 1957, ch 122, § 1; SDC Supp 1960, § 27.17A01; SL 1980, ch 242, § 1.
S.D. Codified Laws § 34A-6-19 — SD Code / Title 34A / Chapter 6 / Section 34A-6-19
Municipal procedure applied to counties--General election laws apply
Status: in_force

The procedure prescribed for municipalities in § 34A-6-25 shall also apply to counties when granting franchises pursuant to § 34A-6-18 . The governing body of the county shall substantially follow the procedure that a municipality would use in the granting of a franchise, where applicable, and the general election laws shall apply to county franchise elections where applicable.

Source: SL 1975, ch 226, § 2; SDCL Supp, § 34-16B-17.2; SL 1977, ch 280, § 24.
S.D. Codified Laws § 34A-18-8 — SD Code / Title 34A / Chapter 18 / Section 34A-18-8
Implementation of plan in the event of oil spill
Status: in_force

Each crude oil pipeline operator shall implement its oil response plan in the event of an oil spill regardless of the cause of the spill or the party responsible for the spill.

Source: SL 2008, ch 180, § 8.
S.D. Codified Laws § 34-20G-6 — SD Code / Title 34 / Chapter 20G / Section 34-20G-6
Licensed professionals not subject to discipline for certain conduct
Status: in_force

No person licensed by the state or any other governmental entity to engage in any profession, occupation, or other activity is subject to disciplinary action, denial of the rights and privileges of such license, or otherwise penalized by the licensing authority for lawfully engaging in any activity authorized under this chapter or providing any service to a person engaged in activity that is authorized by this chapter merely because that activity is prohibited by federal law.

Source: Initiated Measure No. 26, approved Nov. 3, 2020, eff. Jul. 1, 2021; SL 2022, ch 121, § 1.
S.D. Codified Laws § 34-10-13 — SD Code / Title 34 / Chapter 10 / Section 34-10-13
Nomination of trustees--Date and notice of elections
Status: in_force

Any elector may sign as many nominating petitions for hospital district trustee as there are persons to be elected. All regular elections after the first shall be held on the primary election date specified in § 12-2-1 and notice thereof shall be given as required by the laws relating to notice of primary elections.

Source: SL 1959, ch 135, § 10; SDC Supp 1960, § 27.19B10.
S.D. Codified Laws § 34-25-9 — SD Code / Title 34 / Chapter 25 / Section 34-25-9
Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate
Status: in_force

If a birth occurs in an institution, the physician in attendance at the birth or the physician's designee shall, within five days after the birth, obtain the personal data and the medical information required by the certificate and provide it to the person designated by the institution to file the certificate.

Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 8; SL 1995, ch 196, § 3.
S.D. Codified Laws § 34-49-15 — SD Code / Title 34 / Chapter 49 / Section 34-49-15
Injunctive relief, costs and damages--Separate civil violations
Status: in_force

In addition to any other remedy provided by law, the state fire marshal or attorney general may file an action for a violation of this chapter, including:

(1) Petitioning for preliminary or permanent injunctive relief against any manufacturer, importer, distributor, wholesaler, retailer, or any other person or entity to enjoin such entity from selling, offering to sell, or affixing tax stamps to any cigarette that does not comply with the requirements of this chapter;

(2) Recover any costs or damages suffered by the state because of a violation of this chapter, including enforcement costs relating to the specific violation and attorney's fees.

Each violation of this chapter or of rules or regulations adopted under this chapter constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.

Source: SL 2009, ch 172, § 15, eff. Jan. 1, 2011.
S.D. Codified Laws § 34A-5-25 — SD Code / Title 34A / Chapter 5 / Section 34A-5-25
Office of sanitary district--Record of proceedings
Status: in_force

The board of trustees shall establish an office within the sanitary district and shall maintain a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, and regulations.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL, § 34-17-21; SL 1993, ch 256, § 25.
S.D. Codified Laws § 34-25-8 — SD Code / Title 34 / Chapter 25 / Section 34-25-8
Birth registration--Certificate of live birth--Time for filing--Availability of records
Status: in_force

The birth of every child born in this state shall be registered as provided in this chapter. Within seven days after the date of each live birth, there shall be filed with the department by electronic means if a facility has such capabilities, or otherwise if electronic means are not available, a certificate of such birth. The certificate shall be upon the form prescribed by the department. For certificates of birth filed after seven days, but within one year from the date of birth, the department may, by rules promulgated pursuant to chapter 1-26 , require additional evidence in support of the facts of birth.

Informational copies of birth records shall be available to any person who can identify the birth record by providing the name of the person on the birth record, the date of birth, the mother's maiden name, or additional information required to locate the record. Nothing in this section prohibits the release of information contained on a birth record which would not identify any person named in the record.

If one hundred years have elapsed after the date of birth, the records of the birth in the custody of the department shall become available to the public without restriction. The department shall promulgate rules, pursuant to chapter 1-26 , to provide for the continued safekeeping of these records.

Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 5; SL 1989, ch 297, § 1; SL 1995, ch 196, § 1; SL 1997, ch 205, § 1; SL 2005, ch 190, § 2.
S.D. Codified Laws § 34-31-6 — SD Code / Title 34 / Chapter 31 / Section 34-31-6
Fire equipment shop--Acquisition, renovation, and distribution of equipment and excess vehicles--Assistance programs
Status: in_force

The Department of Public Safety may operate a fire equipment shop to acquire and renovate equipment and distribute fire equipment, supplies and parts, which are not available through the Bureau of Human Resources and Administration, and federal and state excess vehicles and property to counties and rural fire departments or districts for the suppression of rural fires. The department may charge recipients for reasonable direct and indirect costs of providing such rural fire equipment, vehicles, and supplies to counties and rural fire departments or districts. The department may administer federal and state cost assistance programs related to such rural fire protection. The vehicles and property may be provided with clear title by the department to counties and rural fire departments or districts, or the title may be retained by the state or federal government.

Source: SL 1984, ch 277, § 1; SL 1986, ch 285, § 2; SL 2002, ch 252 (Ex. Ord. 02-1), § 11; SL 2004, ch 237, § 1; SL 2009, ch 169, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 34A-16-8 — SD Code / Title 34A / Chapter 16 / Section 34A-16-8
Travel and subsistence expenses--Per diem
Status: in_force

Each commissioner shall receive travel and subsistence expense at the rates set pursuant to chapter 3-9 . In addition, per diem at rates established by the Board of Finance shall be paid each member for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the board of commissioners.

Source: SL 1993, ch 259, § 8; SL 2024, ch 20, § 15.
S.D. Codified Laws § 34-48A-3 — SD Code / Title 34 / Chapter 48A / Section 34-48A-3
Coordination with federal government--Cooperation with other agencies
Status: in_force

It is further declared to be the purpose of this chapter and the policy of the state that all emergency management of this state shall be coordinated to the maximum extent and shall cooperate with the federal government including its various departments and agencies, with other states and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.

Source: SL 1949, ch 236, § 2; SL 1951, ch 285, § 2; SDC Supp 1960, § 41.01C02 (2); SL 1977, ch 271, § 3; SL 1993, ch 242, § 2; SDCL § 33-15-3 .
S.D. Codified Laws § 34-32A-8 — SD Code / Title 34 / Chapter 32A / Section 34-32A-8
Information received held in confidence--Requiring testimony when insurer is party to litigation
Status: in_force

Any authorized agency or insurance company who receives any information furnished pursuant to this chapter shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. Any authorized agency, or its personnel, may be required to testify in any litigation in which the insurance company at interest is named as a party.

Source: SL 1979, ch 240, § 7.
S.D. Codified Laws § 34-21-26 — SD Code / Title 34 / Chapter 21 / Section 34-21-26
Records submitted to agency on request
Status: in_force

Copies of the records required to be kept by §§ 34-21-24 and 34-21-25 shall be submitted to the agency on request.

Source: SDC Supp 1960, § 27.17A04 (20) as added by SL 1967, ch 107, § 2.
S.D. Codified Laws § 34-29B-2 — SD Code / Title 34 / Chapter 29B / Section 34-29B-2
Program for prevention, investigation, training, and education--Promulgation of rules
Status: in_force

The State Fire Marshal shall establish a program of fire prevention, fire investigation, fire training, and public fire education. The secretary of public safety may promulgate rules, pursuant to chapter 1-26 , to protect the health or safety of persons from fire and like emergencies, based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards except such portions as are deleted, modified, or amended, unless the secretary finds that the strict application of the code is impractical and that the modification is in conformity with the intent and purpose of the code or standards. The rules may be adopted in the following areas:

(1) The prevention of fires including:

(a) Fire safety regulations governing buildings used by the general public with the exception of health care facilities inspected by the Department of Health;

(b) Fire safety regulations governing lodging and eating establishments;

(c) Fire safety regulations governing multifamily residences housing six or more families. However, if a municipality has adopted regulations regarding multifamily residences that are in conformity with this chapter, those regulations are the applicable regulations;

(d) Fire safety regulations governing publicly owned buildings;

(e) Fire safety regulations governing detention or correctional facilities, regardless of ownership; and

(f) Fire safety regulations governing day care facilities;

(2) The manufacture, transportation, storage, sale, and use of combustible or flammable liquids or liquefied petroleum gases;

(3) The means and adequacy of exit in case of fire;

(4) The investigation of the cause, origin, and circumstances of fires and explosions;

(5) The maintenance of fire cause and loss records;

(6) The maintenance of a record of fire prevention inspections;

(7) A program of fire service training and public fire education;

(8) The review and approval of plans and specifications to determine compliance with applicable fire codes and statutes as it pertains to facilities dealing with combustible or flammable liquids and or liquid petroleum gases; and

(9) The abatement of unsafe buildings or structures regulated by this chapter which constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, or abandonment.

Source: SL 1991, ch 283, § 2; SL 2004, ch 17, § 210; SL 2006, ch 185, § 1; SL 2010, ch 177, § 1; SL 2016, ch 181, § 2.
S.D. Codified Laws § 34A-2-94 — SD Code / Title 34A / Chapter 2 / Section 34A-2-94
Public availability of records and information obtained under chapter--Trade secrets exception
Status: in_force

Any records, reports, or information obtained under this chapter shall, in the case of effluent data, be related to any applicable effluent limitations, pretreatment, or new source performance standards, and shall be available to the public. However, upon a showing satisfactory to the secretary by any person that records, information, or particular part thereof (other than effluent data, permit applications, and permits) to which the secretary has access under this chapter, if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the secretary shall consider the record, report, or information, or particular portion of the record, report, or information, confidential, except that such record, report, or information may be disclosed to other officers, employees, or authorized representatives of the state or federal government concerned with carrying out this chapter, or when relevant, in any proceeding under this chapter.

Source: SL 1973, ch 280, § 13; SDCL Supp, § 46-25-108; SL 1988, ch 285, § 36; SL 2011, ch 165, § 58.
S.D. Codified Laws § 34-29A-33 — SD Code / Title 34 / Chapter 29A / Section 34-29A-33
Hydrostatic tests of operating equipment
Status: in_force

If, at the discretion of the inspector, a hydrostatic test of operating equipment shall be deemed necessary, it shall be made by the owner or user of the boiler.

Source: SL 1973, ch 229, § 14.
S.D. Codified Laws § 34-26A-31 — SD Code / Title 34 / Chapter 26A / Section 34-26A-31
Refusal to accept remains or cremate--Grounds--Immunity
Status: in_force

A crematory may refuse to accept a decedent for or perform a cremation if:

(1) It is aware of any dispute concerning the cremation;

(2) It has reasonable grounds to question any representation made in the authorization to cremate form; or

(3) It has any other lawful reason.

A crematory shall accept a decedent for and perform a cremation upon receiving an order from a court directing the activity or upon receipt of sufficient documentation indicating that any dispute or other ground or reason for the initial refusal has been resolved.

A crematory is immune from liability for refusing to accept a decedent for cremation and for refusing to perform a cremation, in accordance with this section.

Source: SL 1988, ch 283, § 31; SL 2023, ch 129, § 25.
S.D. Codified Laws § 34-31A-41 — SD Code / Title 34 / Chapter 31A / Section 34-31A-41
Notice of commissioners' hearing on annexation petition
Status: in_force

If the report of the board of directors, referred to in § 34-31A-39 , is favorable to such proposal, either in whole or in part, the board of county commissioners shall promptly designate a time and place for a hearing upon the petition and shall give notice thereof in the manner prescribed by § 34-31A-7 . At such hearing, any person owning taxable property or residing within the boundaries of the existing district or the territory to be annexed, shall have the opportunity to be heard respecting the proposed annexation.

Source: SL 1971, ch 208, § 11 (4).
S.D. Codified Laws § 34A-6-62 — SD Code / Title 34A / Chapter 6 / Section 34A-6-62
Waste reduction and recycling program established
Status: in_force

The department shall establish a statewide waste reduction and recycling program to promote the waste management policy contained in § 34A-6-59 and 34A-6-60 and the waste management hierarchy contained in § 34A-6-1.2 . The program shall encourage waste generators to reduce the volume of waste generated and to recycle the waste that is generated. The program shall utilize financial and legal incentives, education, technical assistance, regulation, and other implementation methods. The program shall involve the development of public and private sector initiatives, the development of markets and other opportunities for waste reduction and recycling, and other related efforts.

Source: SL 1992, ch 254, § 24.
S.D. Codified Laws § 34A-8-8 — SD Code / Title 34A / Chapter 8 / Section 34A-8-8
Permitting capture of endangered and threatened species--Authorized purposes
Status: in_force

The secretary of agriculture and natural resources and the secretary of game, fish and parks may permit the taking, possession, purchase, sale, transportation, exportation, or shipment of species of plants or wildlife which appear on the state list of endangered or threatened species for scientific, zoological, or educational purposes, for propagation in captivity of such fish or wildlife to insure their survival.

Source: SL 1977, ch 335, § 4; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 34-27-16 — SD Code / Title 34 / Chapter 27 / Section 34-27-16
Liability for expense of reinterment on removal of cemetery
Status: in_force

The expense of removal pursuant to § 34-27-15 shall be paid by the person for whose benefit or upon whose complaint or petition it was made, before any order for such removal is made, with the right of such person to recover such expense from the estate of the decedent or persons legally chargeable with his burial expense if it appears that such removal was ordered as a matter of legal right instead of for the accommodation of the applicant for such order.

Source: SDC 1939, § 27.1305.
S.D. Codified Laws § 34A-16-30 — SD Code / Title 34A / Chapter 16 / Section 34A-16-30
Use of proceeds under §34A-16-29limited
Status: in_force

The proceeds of county or municipal bonds issued under § 34A-16-29 for closure, postclosure, and contingency costs and noncapital responses to releases may be used only for publicly - owned solid waste facilities in existence on, or closed prior to, March 14, 1993.

Source: SL 1993, ch 259, § 32.
S.D. Codified Laws § 34A-12-9 — SD Code / Title 34A / Chapter 12 / Section 34A-12-9
Report of discharge--Rules for reporting
Status: in_force

Any person who has caused a discharge of a regulated substance shall immediately report the discharge to the department. The department may promulgate rules pursuant to chapter 1-26 to provide for the procedures to be followed in reporting a discharge.

Source: SL 1988, ch 291, § 10.