S.D. Codified Laws § 1-26-4.10 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.10
Resubmission of amended rule to review committee--Hearing not required
Status: in_force

If the Interim Rules Review Committee reverts a rule to consider amendments to the proposed rule, the agency may make the amendment and resubmit the rule as amended at the next meeting of the Interim Rules Review Committee. An agency is not required to hold a hearing on an amendment made under this section. If the agency makes the amendment, the amended rule shall be published in the next register.

Source: SL 2013, ch 10, § 2.
S.D. Codified Laws § 1-6-16.4 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.4
State soil
Status: in_force

Houdek soil (fine - loamy, mixed, mesic typic argiustolls) is hereby designated as the official state soil of the State of South Dakota.

Source: SL 1990, ch 8.
S.D. Codified Laws § 1-16J-4 — SD Code / Title 1 / Chapter 16J / Section 1-16J-4
Terms--Vacancies--Quorum
Status: in_force

All appointments to the authority after the initial appointments shall be made for a four-year term. Each member's term of office shall expire on the applicable third Monday in January, but the member shall continue to hold office until a successor is appointed and qualified. Any vacancy in the authority shall be filled by appointment for only the balance of the unexpired term. A majority of the members of the authority constitutes a quorum.

Source: SL 2009, ch 8, § 4.
S.D. Codified Laws § 1-20-28 — SD Code / Title 1 / Chapter 20 / Section 1-20-28
Reservation by state of archaeological interest in land transferred
Status: transferred

When transferring real property under its jurisdiction that contains significant archaeological, aboriginal or other anthropological resources, the State of South Dakota, its agencies, departments, and institutions, may, upon the recommendation of the state archaeologist condition the transfer upon such covenants, deed restrictions, or other contractual arrangements as will limit the future use of the property in such a way as will protect these resources.

Source: SL 1947, ch 136, § 6; SDC Supp 1960, § 29.0806; SDCL, § 1-20-15; SL 1974, ch 11, § 8.
S.D. Codified Laws § 1-33-64 — SD Code / Title 1 / Chapter 33 / Section 1-33-64
Bureau of Information and Technology--Administrative charges for IT services--Promulgation of rules
Status: in_force

The commissioner of the Bureau of Information and Technology shall promulgate rules pursuant to chapter 1-26 to establish administrative charges for the contractual services authorized by § 1-33-38 .

Source: SL 1988, ch 11, §§ 3, 11; SDCL § 1-14-14.2; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 31, 32, eff. Apr. 8, 2024; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-32-15 — SD Code / Title 1 / Chapter 32 / Section 1-32-15
Changes to meet federal requirements
Status: in_force

If any part of chapters 1-32 to 1-47 , inclusive, is ruled to be in conflict with federal requirements which are a prescribed condition to the receipt of federal aid by the state, an agency, or a political subdivision, that part of said chapters has no effect and the Governor may by executive order make necessary changes to said chapters to receive federal aid, and the changes will remain in effect until the last legislative day of the next legislative session or until the Legislature completes legislation addressed to the same question, whichever comes first.

Source: SL 1973, ch 2, § 295; SL 1980, ch 26, § 8.
S.D. Codified Laws § 1-19A-7 — SD Code / Title 1 / Chapter 19A / Section 1-19A-7
Cooperation with other governmental agencies
Status: in_force

The South Dakota State Historical Society shall cooperate with federal, state, and local government agencies in the planning and conduct of specific undertakings affecting historic properties and preservation objectives and in overall land use planning.

Source: SL 1973, ch 14, § 5 (7); SL 2009, ch 1, § 57; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-1-13 — SD Code / Title 1 / Chapter 1 / Section 1-1-13
Tribal referendum on jurisdiction of Indian lands--Notice of result to county commissioners--Failure to take referendum
Status: in_force

No assumption of civil or criminal jurisdiction shall become effective under the provisions of §§ 1-1-12 to 1-1-16 , inclusive, until the tribal council of a tribe over which state jurisdiction is to be taken, shall have considered a referendum in which all persons eligible to vote at elections held for the purposes of electing officers of such tribe, shall have been given an opportunity to approve or disapprove such assumption of jurisdiction. A majority of the persons so voting in such a referendum must cast affirmative votes in favor thereof before such approval shall be given, and the tribal council shall then notify the board of county commissioners of the counties concerned as to the results of such referendum. Provided, however, that if the tribe has failed to take action as above prescribed, within one year from and after October first, 1957, it shall be deemed that the referendum has been dispensed with and that the tribe has consented to and does approve the assumption of jurisdiction herein provided, and that the county or counties concerned may then proceed as set forth in § 1-1-14 .

Source: SL 1957, ch 319, § 5; SDC Supp 1960, § 65.0809.
S.D. Codified Laws § 1-18B-6 — SD Code / Title 1 / Chapter 18B / Section 1-18B-6
Agreements for cooperation in board functions
Status: in_force

The State Historical Society Board of Trustees may enter into contract or agreement, with any society or organization within the state organized for the purpose of gathering and preserving facts relative to the history of the state or any portion thereof, for the purpose of achieving cooperation in carrying out the functions assigned to the board by law.

Source: SL 1974, ch. 9, § 6.
S.D. Codified Laws § 1-26D-5 — SD Code / Title 1 / Chapter 26D / Section 1-26D-5
Operations and procedures--Promulgation of rules
Status: in_force

The chief hearing examiner shall promulgate rules, pursuant to chapter 1-26 , for the operation of the Office of Hearing Examiners and for the procedures to be used with regard to hearing contested cases.

Source: SL 1995, ch 8, § 6; SL 2005, ch 16, § 2; SL 2026, ch 13, § 1.
S.D. Codified Laws § 1-19A-2 — SD Code / Title 1 / Chapter 19A / Section 1-19A-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Board," the State Historical Society Board of Trustees established by § 1-18-12.2 ;

(2) "Historic preservation," the research, protection, restoration, and rehabilitation of districts, sites, buildings, structures, and objects significant in the history, architecture, archaeology, paleontology, or culture of the state;

(3) "Historic property," any building, structure, object, district, area, or site that is significant in the history, architecture, archaeology, paleontology, or culture of the state, its communities or the nation;

(4) "Rehabilitation," returning property to a state of utility, through expansion, addition, repair, or alteration, which makes possible an efficient contemporary use while retaining those portions of the property, which qualify such property for placement on the state register of historic places;

(5) "Restoration," the repair or replacement of historically significant features which qualify a structure or object for recognition by the state register of historic places.

Source: SL 1973, ch 14, § 2; SL 1973, ch 2, § 254 (a); SL 1978, ch 11, § 1; SL 1980, ch 12, § 2; SL 1987, ch 19, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 80; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 25, eff. Apr. 20, 2015.
S.D. Codified Laws § 1-20-21 — SD Code / Title 1 / Chapter 20 / Section 1-20-21
Statewide survey of archaeological sites--Records
Status: in_force

The state archaeologist, on behalf of the State Historical Society Board of Trustees shall conduct, as part of that board's statewide survey of historic properties, a survey of archaeological sites located within the state and maintain records of such sites.

Source: SL 1947, ch 255, § 2; SDC Supp 1960, § 29.0702; SDCL § 1-20-3; SL 1974, ch 11, § 5; SL 2007, ch 6, § 1.
S.D. Codified Laws § 1-8-13.2 — SD Code / Title 1 / Chapter 8 / Section 1-8-13.2
Convenience fees
Status: in_force

The secretary of state may promulgate rules, pursuant to chapter 1-26 , to establish a convenience fee. A convenience fee means a fee charged for the privilege of being able to file by paper or pay a fee by credit card, charge card, debit card, e-checks, or other form of electronic payment. The maximum fee that may be charged for the privilege of being able to file by paper is twenty dollars per filing. The maximum fee that may be charged for payment by credit card, charge card, debit card, e-checks, or other form of electronic payment shall be three percent of the transaction amount.

Source: SL 2016, ch 2, § 4.
S.D. Codified Laws § 1-27-10 — SD Code / Title 1 / Chapter 27 / Section 1-27-10
Records as property of state--Damage or disposal only as authorized by law
Status: in_force

All records of public officials of this state required to be kept or maintained by law are the property of the state and may not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law.

Source: SL 1967, ch 253, § 6; SL 1983, ch 154, § 2
S.D. Codified Laws § 1-8-13.1 — SD Code / Title 1 / Chapter 8 / Section 1-8-13.1
Fee for certain documents not filed electronically
Status: in_force

If a document, statement, or report is filed in the Office of the Secretary of State pursuant to §§ 47-1A-122 , 47-28-6 , 47-34A-212 , 48-7-206.1 , and 48-7A-1208 and the document, statement, or report is not filed electronically, but is able to be filed electronically and is allowed to be filed electronically, an additional fee of fifteen dollars shall be collected. The fee collected pursuant to this section shall be deposited in the general fund.

Source: SL 2016, ch 2, § 1.
S.D. Codified Laws § 1-5-9 — SD Code / Title 1 / Chapter 5 / Section 1-5-9
Wounded Knee Day
Status: in_force

The twenty - ninth day of December, to be known as Wounded Knee Day of Reflection, shall be observed in this state as a working holiday. Wounded Knee Day is dedicated to the remembrance of and reflection on the massacre that occurred at Wounded Knee.

Source: SL 1994, ch 2, § 2.
S.D. Codified Laws § 1-53-41 — SD Code / Title 1 / Chapter 53 / Section 1-53-41
Use of mark, copyright, or label--Violation as felony
Status: in_force

The use of any certification mark, trademark, service mark, copyright, or label of the South Dakota Certified beef program shall be in accordance with the terms and conditions of a valid license issued by the commissioner. A violation of this section is a Class 6 felony.

Source: SL 2005, ch 218, § 4, eff. Mar. 8, 2005; SDCL § 39-24-4 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 61, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-36-7.4 — SD Code / Title 1 / Chapter 36 / Section 1-36-7.4
Performance of administrative functions for commission on status of women
Status: in_force

The Department of Social Services shall, under the direction of the secretary of social services, perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the commission on the status of women created by chapter 20-14 , and may provide staff assistance for the commission and may purchase supplies and equipment for the commission as necessary.

Source: SL 1981, ch 376, § 22.
S.D. Codified Laws § 1-11-41 — SD Code / Title 1 / Chapter 11 / Section 1-11-41
Investigative subpoena--Service--Information compelled
Status: in_force

Upon judicial approval, the attorney general or the attorney general's designee may issue and serve the investigative subpoena compelling the production of any of the following business records:

(1) Subscriber information;

(2) Account holder name;

(3) Billing and service address;

(4) Account status;

(5) Telephone number;

(6) Device information and device identifiers;

(7) Email address;

(8) Internet username;

(9) Internet protocol address and any temporarily assigned address;

(10) Method of access to the internet; and

(11) Automatic number identification records, if access is by modem.

Source: SL 2026, ch 2, § 5.
S.D. Codified Laws § 1-27-11.1 — SD Code / Title 1 / Chapter 27 / Section 1-27-11.1
Direction and supervision of board by Bureau of Human Resources and Administration--Independent functions retained
Status: in_force

The board created by § 1-27-11 shall be administered under the direction and supervision of the Bureau of Human Resources and Administration and the commissioner thereof. The board shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1 ) otherwise vested in the board. The board shall exercise those functions independently of the commissioner of human resources and administration.

Source: SL 1974, ch 3, § 5 (a); SL 2011, ch 2, § 22; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16B-24 — SD Code / Title 1 / Chapter 16B / Section 1-16B-24
Bonds and notes as legal investments for public and fiduciary funds
Status: in_force

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

Source: SL 1978, ch 9, § 27; SL 1993, ch 213, § 75.
S.D. Codified Laws § 1-44-2 — SD Code / Title 1 / Chapter 44 / Section 1-44-2
Secretary as head of department
Status: in_force

The head of the Department of Transportation is the secretary of transportation.

Source: SL 1973, ch 2, § 222.
S.D. Codified Laws § 1-16B-36 — SD Code / Title 1 / Chapter 16B / Section 1-16B-36
Determination of desirability of development projects
Status: in_force

The authority may, as necessary or appropriate to carry out the purposes of this chapter, determine, upon proper application of the enterprise, whether the declared public purpose of this chapter has been or will be accomplished by the establishment of development projects by such enterprises.

Source: SL 1978, ch 9, § 8(2); SL 1986, ch 14, § 8.
S.D. Codified Laws § 1-33B-3.5 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.5
Evaluation of qualifications and proposals
Status: in_force

The governmental unit shall evaluate the qualifications and proposals of qualified energy service providers according to the quality of the provider's technical approach and the provider's experience with:

(1) Design, engineering, and installation of cost-saving measures;

(2) Overall project management;

(3) Projects of similar size and scope;

(4) Post installation measurement and verification of guaranteed cost savings;

(5) Project commissioning;

(6) Training of building operators; and

(7) Conversions to a different fuel source.

Source: SL 2016, ch 14, § 7.
S.D. Codified Laws § 1-36A-29.1 — SD Code / Title 1 / Chapter 36A / Section 1-36A-29.1
Records confidential--Exceptions
Status: in_force

All investigative case records and files relating to reports of abuse, neglect, or exploitation of adults and elderly are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in this chapter. The Department of Human Services may release records, files, or other information to the following parties upon receipt of a request showing that it is necessary for the parties to have the information in the performance of official functions relating to abuse, neglect, or exploitation:

(1) The attorney general, state's attorneys, law enforcement agencies, protective services workers, and courts investigating reports of known or suspected abuse, neglect, or exploitation;

(2) The attorney, legal guardian, conservator, an agent under an advanced health care directive, or a health care decision maker pursuant to § 34-12C-3 , of the adult who is the subject of the information;

(3) Public officials or their authorized representatives who require the information in connection with the discharge of official duties;

(4) Institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a person who is the subject of the information or report;

(5) A family member of the person who is the subject of the information or report;

(6) A state, regional, or national registry of adult and elderly abuse, neglect, or exploitation cases and courts of record of other states; or

(7) A health care professional providing diagnosis or treatment for a person who is suspected or found to be abused, neglected, or exploited.

A party receiving information pursuant to this section shall hold the information confidential except to the extent a court orders the release of the information for the determination of an issue before the court.

Source: SL 2021, ch 12, § 1.
S.D. Codified Laws § 1-44-11 — SD Code / Title 1 / Chapter 44 / Section 1-44-11
Performance of functions of Aeronautics Commission
Status: in_force

The Department of Transportation shall, under the direction and control of the secretary of transportation, perform all the functions of the Aeronautics Commission except:

(1) Advisory functions, as defined in § 1-32-1 , with respect to programs associated with the commission;

(2) Special budgetary functions, as defined in § 1-32-1 , provided for by §§ 50-2-12 , 50-7-10 , and 50-7-15 to 50-7-19 , inclusive, and chapter 50-4 ; and

(3) Quasi - legislative and quasi - judicial functions, as defined in § 1-32-1 , provided for by chapters 50-2 , 50-5 , 50-9 , 50-10 , 50-11 , and 50-12 .

Source: SL 1973, ch 2, §§ 227, 228; SL 1974, ch 3, § 33; SL 1997, ch 16, § 1; SL 2025, ch 195, § 1.
S.D. Codified Laws § 1-47-11 — SD Code / Title 1 / Chapter 47 / Section 1-47-11
Insurance Fraud Prevention Unit transferred
Status: transferred

The Insurance Fraud Prevention Unit and its functions created and authorized by chapter 58-4A in the former Department of Revenue and Regulation are transferred to the Attorney General. The Attorney General shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Insurance Fraud Prevention Unit.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 29, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 118, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26D-11 — SD Code / Title 1 / Chapter 26D / Section 1-26D-11
Contract with agencies for hearings on case-by-case basis--Power of hearing examiner--Billing for services rendered
Status: in_force

Any agency not covered by this chapter may contract with the Office of Hearing Examiners or any other person to conduct hearings on a case - by - case basis and the power to contract with the office is specifically granted. At the option of the contracting agency, the hearing examiner may exercise the powers granted in chapter 1-26 and in § 1-26D-6 , or the hearing examiner may be hired and have the limited power to conduct the contested case, rule on procedural, evidentiary, and other motions raised by the parties, and provide legal assistance to the contracting agency. The Office of Hearing Examiners may bill the contracting agency for services rendered pursuant to such contracts.

Source: SL 1995, ch 8, § 12