S.D. Codified Laws § 1-27-1.11 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.11
Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee--Resale or redistribution prohibited--Misdemeanor
Status: in_force

Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.

Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26 .

Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor.

Source: SL 2009, ch 10, § 16.
S.D. Codified Laws § 1-16H-19 — SD Code / Title 1 / Chapter 16H / Section 1-16H-19
Issuance of bonds, notes, or other evidence of indebtedness
Status: in_force

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

Source: SL 2004, ch 15, § 19, eff. Feb. 11, 2004; SL 2009, ch 1, § 23.
S.D. Codified Laws § 1-26-26 — SD Code / Title 1 / Chapter 26 / Section 1-26-26
Ex parte communications by agency personnel in contested cases--Investigating officer disqualified from decision making--Authorized communications
Status: in_force

Unless required for the disposition of ex parte matters authorized by law, members of the governing board or officers or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case may not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or the party's representative, except upon notice and opportunity for all parties to participate. If one or more members of a board or commission or a member or employee of an agency, who is assigned to render a decision in a contested case, took part in an investigation upon which the contested case is based, the member or employee may not participate in the conduct of the hearing nor take part in rendering the decision on the contested case. However, the member or employee may appear as a witness and give advice as to procedure. If, because of the disqualification, there is no person assigned to conduct the hearing or render the decision, the agency shall appoint a person to fulfill those duties. A person assigned to render a decision:

(1) May communicate with other members of the agency; and

(2) May have the aid and advice of one or more personal assistants.

Source: SL 1966, ch 159, § 13; SL 1974, ch 16, § 9; SL 1975, ch 17, § 10; SL 2015, ch 4, § 2.
S.D. Codified Laws § 1-6-16.8 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.8
State sport
Status: in_force

Rodeo is hereby designated as the official sport of the State of South Dakota.

Source: SL 2003, ch 6, § 1.
S.D. Codified Laws § 1-26-30.5 — SD Code / Title 1 / Chapter 26 / Section 1-26-30.5
Suspension of sections on appeals to circuit courts
Status: in_force

In the interest of expediting decisions in cases of pressing concern to the public or to litigants, or for good cause shown, the circuit court may suspend the requirement or provisions of these rules on application of a party or on its own motion and may order proceedings in accordance with its direction.

Source: Supreme Court Rule 82-35.
S.D. Codified Laws § 1-8-2 — SD Code / Title 1 / Chapter 8 / Section 1-8-2
Records and great seal in custody of secretary
Status: in_force

The secretary of state is charged with the custody of:

(1) All acts and resolutions passed by the Legislature;

(2) The journals of the Legislature;

(3) The great seal of the state;

(4) All books, records, deeds, parchments, maps, and papers required to be kept on deposit in his office pursuant to law;

(5) The enrolled copy of the Constitution.

Source: SDC 1939, § 55.1202.
S.D. Codified Laws § 1-33B-3.6 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.6
Contract negotiation
Status: in_force

The governmental unit may negotiate a contract with the most qualified energy service provider at a price that the governmental unit determines fair and reasonable, taking into account the scope of the services rendered. The provider selected is not required to have submitted the proposal with the lowest cost. If the governmental unit is unable to negotiate a satisfactory contract with the provider, negotiations with that provider shall be formally terminated, and the governmental unit may select the next provider until an agreement is reached or the process is terminated. The governmental unit may choose to reject all proposals.

Source: SL 2016, ch 14, § 8.
S.D. Codified Laws § 1-16A-36 — SD Code / Title 1 / Chapter 16A / Section 1-16A-36
Planning services and surveys obtained from other agencies
Status: in_force

In addition the authority may, for a negotiated fee, retain the services of any other public or private person, firm or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application is being made or for such other services or surveys as the authority deems necessary to carry out the purposes of this chapter.

Source: SL 1972, ch 10, § 15.
S.D. Codified Laws § 1-26-36.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-36.1
Appellee's right to obtain review
Status: in_force

An appellee may obtain review of a final decision, ruling, or action of any agency which may adversely affect the appellee by filing a notice of review with the clerk of the circuit court within twenty days after service of the notice of appeal. If a statement of additional issues on appeal is filed pursuant to § 1-26-31.4 , the notice of review required by this section must be filed within twenty days after the latest statement of additional issues on appeal is filed. The clerk of the circuit court shall not accept for filing such notice of review unless accompanied by proof of service of such notice on all other parties. The notice of review shall specify the decision, ruling, or action of the agency to be reviewed.

Source: Supreme Court Rule 82-35; SL 2019, ch 4, § 2.
S.D. Codified Laws § 1-36A-10.3 — SD Code / Title 1 / Chapter 36A / Section 1-36A-10.3
Certification and registration required for interpreters receiving remuneration--Violation as misdemeanor
Status: in_force

No person may do any of the following with respect to providing interpreting services for any person who is deaf or hard-of-hearing for a fee or other remuneration unless certified pursuant to § 1-36A-10.4 or 1-36A-10.5 and registered with the Department of Human Services:

(1) Engage in the practice of, or offer to engage in the practice of, interpreting;

(2) Use the title, interpreter, in connection with the person's name; or

(3) Use the title, interpreter, in advertisements or descriptions.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2006, ch 6, § 2.
S.D. Codified Laws § 1-24-2 — SD Code / Title 1 / Chapter 24 / Section 1-24-2
Joint exercise of powers authorized--Exceptions
Status: in_force

Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of South Dakota state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges, and authority conferred by §§ 1-24-2 to 1-24-9 , inclusive, upon a public agency. The provisions of this section do not apply to the power to tax or police powers, unless jointly held or otherwise authorized by law.

Source: SL 1966, ch 187, § 2; SL 1986, ch 19; SL 1990, ch 17.
S.D. Codified Laws § 1-6-15 — SD Code / Title 1 / Chapter 6 / Section 1-6-15
State fish
Status: in_force

The walleye, stizostedion vitreum, is the official fish of the State of South Dakota.

Source: SL 1982, ch 5.
S.D. Codified Laws § 1-18-15 — SD Code / Title 1 / Chapter 18 / Section 1-18-15
Trustees--Subcommittees
Status: in_force

The board of trustees may appoint subcommittees of its own number which may exercise such powers as are entrusted to them, respecting subjects for which they are especially appointed.

Source: SDC 1939, § 29.0113; SL 1945, ch 125, § 1; SL 1974, ch 10, § 7; SL 2021, ch 7, § 13.
S.D. Codified Laws § 1-13-17 — SD Code / Title 1 / Chapter 13 / Section 1-13-17
Termination of service for risk of security or privacy violation
Status: in_force

The Department of Public Safety shall terminate service to any installation on the South Dakota law enforcement telecommunications system if the department determines that there is a risk of violation of the security or privacy restriction imposed by state or federal statutes.

Source: SL 1975, ch 11, § 6; SL 2015, ch 5, § 11.
S.D. Codified Laws § 1-50-7 — SD Code / Title 1 / Chapter 50 / Section 1-50-7
SERC and SARA defined
Status: in_force

For purposes of this chapter, "SERC" means State Emergency Response Commission and "SARA" means the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992.

Source: SL 1992, ch 254, § 62; SDCL § 34A-12-20; SL 1993, ch 257, § 1.
S.D. Codified Laws § 1-25-1 — SD Code / Title 1 / Chapter 25 / Section 1-25-1
Official meetings open to public--Exceptions--Notice of quorum--Public comment--Penalty
Status: in_force

An official meeting of a public body is open to the public unless a specific law is cited by the public body to close the official meeting to the public.

It is not an official meeting of one public body if its members provide information or attend the official meeting of another public body for which the notice requirements of § 1-25-1.1 or 1-25-1.3 have been met. It is not an official meeting of a public body if its members attend a press conference called by a representative of the public body.

For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the public body may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum must meet the posting requirements of § 1-25-1.1 or 1-25-1.3 and must contain, at a minimum, the date, time, and location of the event.

The public body shall reserve at every official meeting a period for public comment, limited at the public body's discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment.

Public comment is not required at an official meeting held solely for the purpose of meeting in executive session, an inauguration, presentation of an annual report to the public body, or swearing in of a newly elected official, regardless of whether the activity takes place at the time and place usually reserved for an official meeting.

If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meets solely for purposes of implementing previously publicly adopted policy; carrying out ministerial functions of that township, district, or municipality; or undertaking a factual investigation of conditions related to public safety; the meeting is not subject to the provisions of this chapter.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1965, ch 269; SL 1980, ch 24, § 9; SL 1989, ch 15, § 1A; SL 1990, ch 18, § 1; SL 1990, ch 30, § 1; SL 1993, ch 17; SL 2005, ch 16, § 1; SL 2008, ch 13, § 1; SL 2010, ch 9, § 2; SL 2012, ch 5, § 1; SL 2013, ch 8, § 1; SL 2016, ch 9, § 1; SL 2018, ch 14, § 1; SL 2019, ch 3, § 2; SL 2023, ch 5, § 1; SL 2025, ch 8, § 1.
S.D. Codified Laws § 1-16J-3 — SD Code / Title 1 / Chapter 16J / Section 1-16J-3
Authority reports to Governor's Office of Economic Development
Status: in_force

The authority is attached to the Governor's Office of Economic Development for reporting purposes. The authority shall submit such records, information, and reports in the form and at such times as required by the commissioner of the Governor's Office of Economic Development. However, the authority shall report to the Governor at least annually.

Source: SL 2009, ch 8, § 3; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 89, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16B-11 — SD Code / Title 1 / Chapter 16B / Section 1-16B-11
Staff services to authority--Funds from which expenses paid
Status: in_force

All staff services required by the South Dakota Economic Development Finance Authority shall be provided by the Governor's Office of Economic Development, and all expenses incurred in carrying on the work of the authority, including the per diem and travel expenses of the authority board, payment of bond premiums which may be required of its officers and members, and any other items of expense, shall be paid out of funds appropriated or otherwise made available to the Governor's Office of Economic Development.

Source: SL 1978, ch 9, § 34; SL 1982, ch 17, § 34; SL 1987, ch 16, § 4.
S.D. Codified Laws § 1-32-12 — SD Code / Title 1 / Chapter 32 / Section 1-32-12
Employees' rights preserved
Status: in_force

Any employee who was a member of any retirement system before the transfer of any board, commission, department, division, or agency specified by chapters 1-32 to 1-47 , inclusive, shall not lose any retirement benefits accrued in such system by virtue of such transfer. An employee so affected shall have the option of continuing as a member of the retirement system of which he was a member at the time of transfer or to join the retirement system to which the transfer makes him eligible. However, the affected employee shall make his election within six months from the date of the transfer. Unless otherwise provided in chapters 1-32 to 1-47 , inclusive, each state officer or employee affected by the reorganization of the executive department of state government under said chapters is entitled to all rights which he possessed as a state officer or employee before such reorganization, including rights to tenure in office and rank or grade, rights to vacation and sick pay and leave, rights under any retirement or personnel plan or labor union contract, rights to compensatory time earned, and any other rights under law or administrative policy. This section is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before any transfer or reorganization pursuant to chapters 1-32 to 1-47 , inclusive.

Source: SL 1973, ch 2, § 291; SL 1980, ch 26, § 5.
S.D. Codified Laws § 1-7-9 — SD Code / Title 1 / Chapter 7 / Section 1-7-9
Submission of nomination from Governor--Financial statement of nominee
Status: in_force

Any nomination from the governor, which is required by statute to be confirmed by the Senate, shall be submitted in such a manner as to inform the Senate as to the statutory conditions and requirements of the nomination and the qualifications of the nominee, including residence, occupation or profession, political affiliation, service on any other board or commission, experience and whether the nominee is a registered lobbyist. The nominee shall file a financial interest statement with the Senate which shall include any source of income which contributes either more than ten percent of, or more than two thousand dollars to, the gross income of the nominee or any member of his immediate family, or an enterprise in which such nominee or any member of his immediate family control more than ten percent of the capital or stock.

Source: SL 1987, ch 26.
S.D. Codified Laws § 1-26-17 — SD Code / Title 1 / Chapter 26 / Section 1-26-17
Contents of notice in contested cases
Status: in_force

The notice shall include:

(1) A statement of the time, place, and nature of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and rules involved;

(4) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished;

(5) A statement of any action authorized by law, which may affect the parties, as a result of any decision made at the hearing, whether it be the revocation of a license, the assessment of a fine or other effect;

(6) A statement that the hearing is an adversary proceeding and that a party has the right at the hearing, to be present, to be represented by a lawyer, and that these and other due process rights will be forfeited if they are not exercised at the hearing;

(7) Except in contested cases before the Public Utilities Commission, a statement that if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request to the agency no later than ten days after service of a notice of hearing issued pursuant to § 1-26-17 ;

(8) A statement that the decision based on the hearing may be appealed to the circuit court and the State Supreme Court as provided by law.

Source: SL 1966, ch 159, § 9 (2); SL 1978, ch 14, § 1; SL 2003, ch 18, § 3; SL 2007, ch 7, § 1.
S.D. Codified Laws § 1-24-1 — SD Code / Title 1 / Chapter 24 / Section 1-24-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Participating public agency," any public agency which has elected to participate in a pool arrangement;

(2) "Public agency," any county, municipality, township, school district, consumers power district or drainage district of the State of South Dakota; any agency of South Dakota state government or of the United States; any political subdivision of this state; any political subdivision of another adjacent state; and any Indian tribe;

(3) "State," a state of the United States and the District of Columbia;

(4) "State agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty; provided that the term shall not include the legislative or judicial branch of the government of the state or units of local government, including but not limited to counties, townships, municipalities, chartered governmental units, or school or other special districts, or Indian tribes.

Source: SL 1966, ch 187, § 1; SL 1970, ch 9; SL 1974, ch 13; SL 1974, ch 14, § 1; SL 1975, ch 14, § 1; SL 1976, ch 12; SL 1991, ch 11, § 1.
S.D. Codified Laws § 1-33-63 — SD Code / Title 1 / Chapter 33 / Section 1-33-63
Background investigation of information technology employees and contractors
Status: in_force

The commissioner of the Bureau of Information and Technology may require any information technology employee, new employee, or contractor to pass a background investigation. The background investigation may be criminal or of another nature. The state and federal criminal background investigation shall be by means of a fingerprint check by the Division of Criminal Investigation and the Federal Bureau of Investigation. The bureau shall submit the completed fingerprint card to the Division of Criminal Investigation before the new employee or contractor enters into service. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the background investigation. Any person whose employment or contract is subject to the requirements of this section shall pay any fee charged for the background investigation.

Source: SL 2017, ch 9, § 1; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-27-1.9 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.9
Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure
Status: in_force

No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations.

Source: SL 2009, ch 10, § 14; SL 2013, ch 11, § 1.
S.D. Codified Laws § 1-55-9 — SD Code / Title 1 / Chapter 55 / Section 1-55-9
Collection and use of data
Status: in_force

The center may collect data for purposes of collecting any debt referred to the center. Notwithstanding any law to the contrary, referring entities are authorized to transmit data to the center deemed necessary by the center to aid in the collection of the referred debt and the center may share, request, and shall receive from any state agency any data to collect any debt referred to the center. Any information provided by a referring entity or a state agency may only be used for the purpose of collecting the debts referred to the center.

Source: SL 2015, ch 14, § 9.
S.D. Codified Laws § 1-27-9 — SD Code / Title 1 / Chapter 27 / Section 1-27-9
Records management programs--Definition of terms
Status: in_force

Terms used in §§ 1-27-9 to 1-27-18 , inclusive, mean:

(1) "Local record," a record of a county, municipality, township, district, authority, or any public corporation or political entity whether organized and existing under charter or under general law, unless the record is designated or treated as a state record under state law;

(2) "Record," a document, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included within the definition of records as used in §§ 1-27-9 to 1-27-18 , inclusive;

(3) "State agency" or "agency" or "agencies," includes all state officers, boards, commissions, departments, institutions, and agencies of state government;

(4) "State record," :

(a) A record of a department, office, commission, board, or other agency, however designated, of the state government;

(b) A record of the State Legislature;

(c) A record of any court of record, whether of state-wide or local jurisdiction;

(d) Any other record designated or treated as a state record under state law.

Source: SL 1967, ch 253, § 1; SL 1992, ch 60, § 2; SL 2011, ch 2, § 20.
S.D. Codified Laws § 1-51-4 — SD Code / Title 1 / Chapter 51 / Section 1-51-4
Division of Commercial Inspection and Licensing, Office of Weights and Measures, Office of Driver Licensing, Office of the Fire Marshal and Office of Inspections transferred--Fire Marshal's Advisory Board continued
Status: in_force

The Division of Commercial Inspection and Licensing, including the offices of Weights and Measures, Driver Licensing and the Office of the Fire Marshal and Office of Inspections, and its functions in the former Department of Commerce and Regulation are transferred to the Department of Public Safety created by Executive Reorganization Order 2003-01. The secretary of the Department of Public Safety shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Division of Commercial Inspection and Licensing. The Fire Marshal's Advisory Board shall continue as an advisory board within the Department of Public Safety created by Executive Reorganization Order 2003-01.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 23, eff. Apr. 17, 2003.
S.D. Codified Laws § 1-53-33 — SD Code / Title 1 / Chapter 53 / Section 1-53-33
Severability of provisions
Status: in_force

If any provision of §§ 1-53-23 to 1-53-37 , inclusive, or the application thereof to any person or circumstances, is held invalid, the remainder of §§ 1-53-23 to 1-53-37 , inclusive, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Source: SL 1951, ch 4, § 7; SDC Supp 1960, § 4.0121; SDCL § 38-6-11 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 52, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-19B-54 — SD Code / Title 1 / Chapter 19B / Section 1-19B-54
Exemption of historic properties from health and building codes
Status: in_force

The governing body of any county or municipality, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt an historic property from the application of such standards contained in the county or municipal health or building codes, or both, as the governing body, upon recommendation of the local historic preservation commission, shall determine would otherwise prevent or seriously hinder the preservation or restoration of said historic property.

Source: SL 1974, ch 21, § 20.
S.D. Codified Laws § 1-55-8 — SD Code / Title 1 / Chapter 55 / Section 1-55-8
Confidentiality of records--Exceptions
Status: in_force

All data, records, and files utilized for debt collection as provided for in this chapter shall be confidential and privileged, and no person may divulge or disclose any information obtained from such records and files except in the administration and enforcement of this chapter, or as otherwise required by law. Nothing in this section prohibits the disclosure of debt information, as it relates to the administration and enforcement of this chapter, to a co-owner of a titled motor vehicle, motorcycle, or boat that is subject to subdivision 1-55-11 (1).

Source: SL 2015, ch 14, § 8; SL 2021, ch 14, § 2.
S.D. Codified Laws § 1-11-25 — SD Code / Title 1 / Chapter 11 / Section 1-11-25
Distribution of 24/7 sobriety program fees
Status: in_force

Any fees collected under §§ 1-11-17 to 1-11-25 , inclusive, shall be distributed as follows:

(1) Any daily user fee collected in the administration of twice-a-day testing, drug patch testing, or urinalysis testing under the 24/7 sobriety program shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

(2) Any installation fee and deactivation fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance;

(3) Any daily user fee collected in the administration of electronic alcohol monitoring device testing or mobile breath alcohol testing, arising from a court ordered placement in the 24/7 sobriety program, shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18 . If the test is directed by the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, the fees shall be collected and deposited as provided in the written directive;

(4) The Department of Corrections or the Unified Judicial System may collect an installation fee and a deactivation fee for the administration of electronic alcohol monitoring device testing and mobile breath alcohol testing. These fees shall be deposited into the state general fund;

(5) Any enrollment and monitoring fee collected in the administration of ignition interlock device testing shall be collected by the sheriff, or an entity designated by the sheriff, and deposited with the county treasurer of the proper county. The proceeds shall be applied and used only to defray the recurring costs of the 24/7 sobriety program including maintaining equipment, funding support services, and ensuring compliance; and

(6) Any participation fee collected in the administration of testing under the 24/7 sobriety program to cover program administration costs incurred by the Office of the Attorney General shall be collected by the sheriff, or an entity designated by the sheriff, and deposited in the state 24/7 sobriety fund created by § 1-11-18 .

Source: SL 2007, ch 4, § 9; SL 2008, ch 5, § 2; SL 2010, ch 5, § 1; SL 2011, ch 4, § 2; SL 2014, ch 6, § 1; SL 2017, ch 3, § 3.
S.D. Codified Laws § 1-15-18 — SD Code / Title 1 / Chapter 15 / Section 1-15-18
Management and accounting prescribed by secretary
Status: in_force

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

Source: SDC 1939, § 55.1712; SL 1989, ch 20, § 36.
S.D. Codified Laws § 1-37-10 — SD Code / Title 1 / Chapter 37 / Section 1-37-10
Plumbing Commission transferred
Status: transferred

The Plumbing Commission, created by chapter 36-25 , and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Plumbing Commission.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 49; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19B-26 — SD Code / Title 1 / Chapter 19B / Section 1-19B-26
Transfer by owners of development rights in historic properties
Status: in_force

Any county or municipal governing body may establish procedures authorizing owners of designated historic properties to transfer development rights in such amounts and subject to such conditions as the governing body may determine. For the purposes of this section, development rights are the rights granted under applicable local law respecting the permissible bulk and size of any improvements to be erected.

Source: SL 1974, ch 21, § 21; SL 2009, ch 1, § 82.
S.D. Codified Laws § 1-27-28 — SD Code / Title 1 / Chapter 27 / Section 1-27-28
Definition of terms
Status: in_force

Terms used in §§ 1-27-29 to 1-27-32 , inclusive, mean:

(1) "Private entity," any person or entity that is not a public entity as defined by subdivision 3-21-1 (2);

(2) "State agency," any association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term does not include the Legislature, the Unified Judicial System, the Public Utilities Commission, the Department of Agriculture and Natural Resources, any law enforcement agency, or any unit of local government, or joint venture comprised of local governments;

(3) "Financial investigation, examination, or audit," any examination conducted by a state agency of a private entity's proprietary information or trade secret information;

(4) "Proprietary information," information on pricing, costs, revenue, taxes, market share, customers, and personnel held by private entities and used for that private entity's business purposes;

(5) "Trade secret," information, including a formula, pattern, compilation, program, device, method, technique, process, marketing plan, or strategic planning information that:

(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Source: SL 1996, ch 12, § 1; SL 2003, ch 20, § 1; SL 2004, ch 25, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16B-46 — SD Code / Title 1 / Chapter 16B / Section 1-16B-46
Terms of loan to local agency--Subordination to other loans
Status: in_force

Any loan of the authority shall be for the period of time and shall bear interest at the rate determined by the authority and shall be secured by a mortgage on the development project for which the loan was made. The mortgage may be subordinate only to a mortgage held by the independent and responsible sources which financed the development project.

Source: SL 1978, ch 9, § 29.
S.D. Codified Laws § 1-19B-46 — SD Code / Title 1 / Chapter 19B / Section 1-19B-46
Certificate issued in case of extreme hardship
Status: in_force

The Historic District Commission may approve an application for a certificate of appropriateness in any case in which the owner would suffer extreme hardship, not including loss of profit, unless the certificate of appropriateness were issued forthwith.

Source: SL 1974, ch 21, § 11; SL 2009, ch 1, § 92.
S.D. Codified Laws § 1-26-12.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-12.1
List of rules and organizational statements
Status: in_force

To assist interested persons dealing with it, each agency which has adopted rules shall make available, either electronically or through paper copy, a list of the agency's rules and a descriptive statement of its central and field organization. This information includes the locations of persons and places from which the public can secure information, make submittals or requests, or obtain decisions.

Source: SL 1972, ch 8, § 17; SL 1975, ch 16, § 23; SL 2009, ch 9, § 9.
S.D. Codified Laws § 1-26-6.8 — SD Code / Title 1 / Chapter 26 / Section 1-26-6.8
Rules unenforceable until properly adopted
Status: in_force

No agency rule may be enforced by the courts of this state until it has been adopted in conformance with the procedures set forth in this chapter.

Source: SL 1977, ch 13, § 8.
S.D. Codified Laws § 1-24-5 — SD Code / Title 1 / Chapter 24 / Section 1-24-5
Provisions for control agency and property
Status: in_force

In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to the items enumerated in § 1-24-4 , contain the following:

(1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board public agencies party to the agreement shall be represented; and

(2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

Source: SL 1966, ch 187, § 5.
S.D. Codified Laws § 1-41-23.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-23.1
Transfer of funds to environment and natural resources fee fund from water and environment fund
Status: in_force

On the first of July each year, six hundred thousand dollars or all the interest deposited for the previous year in the water and environment fund established pursuant to § 46A-1-60 , whichever is less, shall be transferred from the water and environment fund to the environment and natural resources fee fund established pursuant to § 1-41-23 .

Source: SL 1994, ch 23, § 2; SL 2009, ch 13, § 1; SL 2017, ch 38, § 8, eff. Mar. 8, 2017; SDCL § 1-40-32; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16H-1 — SD Code / Title 1 / Chapter 16H / Section 1-16H-1
Legislative findings
Status: in_force

The Legislature finds and declares:

(1) That the State of South Dakota and the northern plains region of the United States are underrepresented and underdeveloped in the areas of scientific and technological investigation, experimentation, and development;

(2) That fostering and facilitating scientific and technological investigation, experimentation, and development will benefit the state economically and educationally by creating immediate and future jobs and educational opportunities, and will add to the quality of life of the citizens of South Dakota by adding to the general wealth of human knowledge;

(3) That the creation of the authority by this chapter will foster and facilitate scientific and technological investigation, experimentation, and development by creating a mechanism through which laboratory, experimental, and development facilities, both nonprofit and for - profit, both governmental and nongovernmental, may be acquired, developed, constructed, funded, maintained, and operated; and

(4) That the foregoing are public purposes and uses.

Source: SL 2004, ch 15, § 1.
S.D. Codified Laws § 1-16B-55 — SD Code / Title 1 / Chapter 16B / Section 1-16B-55
Authority may contract to manage payment or interest rate risk for bonds
Status: in_force

The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; or contracts incorporating interest rate caps, collars, floors, or locks.

Source: SL 2003, ch 10, § 2.
S.D. Codified Laws § 1-43-17 — SD Code / Title 1 / Chapter 43 / Section 1-43-17
Good faith reporting--Immunity from liability
Status: in_force

Good faith reporting or disclosure pursuant to §§ 1-43-11 to 1-43-16 , inclusive, does not constitute a libel or slander or violation of the right of privacy or privileged communication. Any person who in good faith complies with the reporting requirements of §§ 1-43-11 to 1-43-16 , inclusive, or any request that may be made by the Department of Health pursuant to §§ 1-43-11 to 1-43-16 , inclusive, is immune from civil and criminal liability for such action taken in compliance with the provisions of §§ 1-43-11 to 1-43-16 , inclusive.

Source: SL 1991, ch 18, § 7.
S.D. Codified Laws § 1-24-19 — SD Code / Title 1 / Chapter 24 / Section 1-24-19
Political subdivisions authorized to form separate administrative or legal entity
Status: in_force

Notwithstanding the provisions of Titles 7, 9, and 13, two or more political subdivisions, or any combination thereof, may form an agreement pursuant to this chapter to establish an administrative or separate legal entity upon a motion approved by a majority vote of all participating governing bodies. Such agreement may be entered into for economic development purposes or to provide greater efficiency or improved services among the governing bodies entering into the agreement. The governing body of the joint entity shall be composed of the elected officials from the participating governing bodies. The agreement shall set forth the portion of support provided by each governing body. The joint entity may not levy property taxes, but may operate enterprise functions, set fees for services, employ staff, and own real or personal property. The joint entity may borrow funds to finance the purchase of real or personal property or to construct facilities. Any financing by bonds or other method shall require approval by more than sixty percent of the members of each participating governing board. The joint entity may enter into multiyear contracts. The joint entity shall follow all statutory requirements for public notice of meetings, publication of minutes, open meetings, the letting of public contracts, conflict of interest, disposal of surplus property, and audits.

Source: SL 1995, ch 7, § 1.
S.D. Codified Laws § 1-33-3 — SD Code / Title 1 / Chapter 33 / Section 1-33-3
Bureaus and other agencies constituting department
Status: in_force

The Department of Executive Management consists of the Bureau of Finance and Management, the Bureau of Human Resources and Administration, the Bureau of Information and Technology, the Governor's Office of Economic Development, and any other agencies created by administrative action or law and placed under the Department of Executive Management.

Source: SL 1973, ch 2, § 12; SL 1974, ch 3, § 9; SL 1982, ch 17, § 1; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 96, eff. Apr. 12, 2011; SL 2012, ch 23, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), § 30, eff. Apr. 8, 2024; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-53-17 — SD Code / Title 1 / Chapter 53 / Section 1-53-17
Deposits into and expenditures from small business credit initiative fund
Status: in_force

Any repayment of loans and interest thereon must be receipted into the small business credit initiative fund and expended by the Board of Economic Development for the following purposes:

(1) The payment of administrative costs as permitted pursuant to 2 C.F.R Part 200 Subpart E, as applicable, as in effect on January 1, 2022;

(2) The payment of taxes and liens and for the procuring of legal services and any other services necessary to protect, recover, maintain, or liquidate the assets of the small business credit initiative fund as permitted pursuant to 2 C.F.R Part 200 Subpart E, as applicable, as in effect on January 1, 2022; and

(3) Making loans for economic development as permitted by 12 U.S.C. Chapter 54 (2021).

Source: SL 2012, ch 15, § 3; SL 2022, ch 6, § 3.
S.D. Codified Laws § 1-26-2.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-2.1
1-26-2.1. Small business impact statements--Content--Small business defined
Status: in_force

An agency shall, when submitting any proposed rule that will have a direct impact on small business, prepare an impact statement that includes the following:

(1) A narrative explanation in plain, easy-to-read language of the effect of the rule on small business, the basis for its enactments, and why the rule is needed;

(2) An identification and estimate of the number of small businesses subject to the proposed rule;

(3) The projected reporting and recordkeeping required for compliance with the proposed rule, including the types of professional skills necessary for preparation of the report or record; and

(4) A description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed rule.

An agency is only required to use readily available information and existing resources to prepare the impact statement.

For purposes of this section, "small business" means a nongovernmental entity that employs twenty-five or fewer full-time employees.
S.D. Codified Laws § 1-16A-92 — SD Code / Title 1 / Chapter 16A / Section 1-16A-92
Authority may contract to manage payment or interest rate risk for bonds
Status: in_force

The authority may enter into any contract that the authority determines necessary or appropriate to manage payment or interest rate risk for bonds issued pursuant to this chapter, the investment of proceeds, or other funds of the authority. The contracts may include: interest rate exchange agreements; contracts providing for payment or receipt of funds based on levels of or changes in interest rates; contracts to exchange cash flows or series of payments; or contracts incorporating interest rate caps, collars, floors, or locks.

Source: SL 2003, ch 10, § 1.
S.D. Codified Laws § 1-41-25.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-25.1
Application of environmental audit provisions--Discovery of violations
Status: in_force

The department may not pursue civil penalties or criminal prosecution for violations found during an environmental audit that are disclosed to the department secretary in writing within thirty days after the violation is found. Violations found by the department prior to the time a regulated entity has disclosed these violations in writing to the department secretary are not covered by the provisions of §§ 1-41-25 to 1-41-25 .4, inclusive. If a state program is required in writing by a federal agency to assess penalties for a violation in order to maintain primacy over a federally - delegated program, or if violations caused damage to human health or the environment, the provisions of §§ 1-41-25 to 1-41-25 .4, inclusive do not apply. If violations are found during an audit and disclosed in writing to the department secretary, the violations must be corrected within sixty days of discovery. If correction is not possible within sixty days, a written compliance schedule shall be negotiated between the department and the regulated entity to correct violations disclosed, unless the violation has been resolved to the satisfaction of the department at the time of the disclosure.

Source: SL 1996, ch 18, § 2; SDCL § 1-40-34; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-11-33 — SD Code / Title 1 / Chapter 11 / Section 1-11-33
Annual review of 24/7 sobriety program fees and collection procedures
Status: in_force

The attorney general shall meet annually with participating agencies to review fees and collection procedures for the 24/7 sobriety program. The attorney general shall set and give notice of the time and place for the meeting. The attorney general shall set, by rules promulgated pursuant to chapter 1-26 , the annual fees within the range established by this chapter.

Source: SL 2011, ch 4, § 12.
S.D. Codified Laws § 1-16A-59 — SD Code / Title 1 / Chapter 16A / Section 1-16A-59
Securities regulation
Status: in_force

For purposes of chapter 47-31B , bonds issued by the authority are deemed to be securities issued by a public instrumentality of the State of South Dakota.

Source: SL 1972, ch 10, § 14; SL 1989, ch 30, § 3; SL 2004, ch 278, § 54.
S.D. Codified Laws § 1-22-14 — SD Code / Title 1 / Chapter 22 / Section 1-22-14
Selection of artists--Advice of panel--Restrictions on panel
Status: in_force

Artists to create works of art and works of art to be acquired pursuant to §§ 1-22-9 to 1-22-17 , inclusive, shall be selected by the council, with the advice of a panel specifically chosen for each project, pursuant to procedures, promulgated pursuant to chapter 1-26 , established by the council. South Dakota artists shall receive preferential consideration in the selection process. Each panel shall contain a representative of the community. No panel member may be paid except for reimbursement for necessary costs and travel expenses. No panel member or any member of any panel member's family may be considered in the selection of an artist. All meetings and deliberations by the panel shall be open and public. The panel shall cooperate with other local and national art agencies.

Source: SL 1989, ch 14, § 6.
S.D. Codified Laws § 1-6-30 — SD Code / Title 1 / Chapter 6 / Section 1-6-30
State Civilian Conservation Corps Museum
Status: in_force

The Civilian Conservation Corps Museum in Hill City is hereby designated as the official Civilian Conservation Corps Museum of South Dakota. No state funds may be provided for the operation or maintenance of the museum.

Source: SL 2016, ch 1, § 1.
S.D. Codified Laws § 1-11-34 — SD Code / Title 1 / Chapter 11 / Section 1-11-34
Insurance Fraud Prevention Unit transferred
Status: transferred

The Insurance Fraud Prevention Unit created by chapter 58-4A and its functions in the former Department of Revenue and Regulation are transferred to the attorney general except for the Division's assessment authority set out in § 58-4A-14 which shall remain with the Division of Insurance. The attorney general shall perform the functions of the former secretary of revenue and regulation, relating to the Insurance Fraud Prevention Unit.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 40, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-1-8 — SD Code / Title 1 / Chapter 1 / Section 1-1-8
Legislative power over federally acquired lands
Status: in_force

Power is hereby conferred upon the Congress of the United States to pass such laws and to make or provide for the making of such rules and regulations of both civil and criminal nature and provide punishment therefor, as in its judgment may be necessary for the administration, control, and protection of such lands as may from time to time be acquired by the United States under the provisions of §§ 1-1-6 and 1-1-7 .

Source: SDC 1939, § 55.0103.
S.D. Codified Laws § 1-26-5 — SD Code / Title 1 / Chapter 26 / Section 1-26-5
Emergency rule--Published to website--Notice of intent--Service--Statement of reasons--Material incorporated by reference--Permissible use of emergency procedure
Status: in_force

Prior to the adoption or amendment of an emergency rule, an agency shall publish the text of the emergency rule on its website, publish a notice of intent to adopt an emergency rule in the manner prescribed in § 1-26-4 .1, and serve on the person specified by subdivision 1-26-4 (1), each member of the Interim Rules Review Committee, and code counsel:

(1) A copy of the proposed rule, bearing a special number to distinguish it from a permanent rule; and

(2) A statement, with the reasons, that the emergency procedure is necessary for one or more of the following circumstances:

(a) Because of imminent peril to the public health, safety, or welfare;

(b) To prevent substantial unforeseen financial loss to state government; or

(c) Because of the occurrence of an unforeseen event at a time when the adoption of a rule in response to such event by the emergency procedure is required to secure or protect the best interest of the state or its residents.

If a publication is incorporated by reference in the proposed emergency rule, pursuant to § 1-26-6.6 , the publication and statement must also be served on the person specified by subdivision 1-26-4 (1) and on code counsel. Code counsel shall return the publication to the agency upon completion of code counsel's review and the agency shall retain the publication.

Any agency may use the emergency rule adoption procedure. An agency may not use the emergency rule adoption procedure for the convenience of the agency merely to avoid the consequences for failing to timely promulgate rules.

Source: SL 1966, ch 159, § 3; repealed SL 1972, ch 8, § 36; re-enacted SL 1975, ch 16, § 11; SL 1978, ch 13, § 3; SL 1986, ch 20, § 5; SL 1989, ch 16, § 6; SL 1990, ch 22; SL 1997, ch 11, § 1; SL 1998, ch 9, § 3; SL 2003, ch 17, § 2; SL 2006, ch 4, § 3; SL 2009, ch 9, § 4; SL 2025, ch 9, § 9.
S.D. Codified Laws § 1-33-8.9 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.9
Commissioner of Human Resources and Administration--Cooperation with other agencies and public corporations
Status: in_force

The commissioner of human resources and administration shall furnish such cooperation, coordination, data, and information to other departments, subdivisions, or officers of the state government and public corporations contracting for local government services as may promote the most efficient administration of the state and local governments as a whole and as may tend to prevent duplication of effort and expense in administration of such government, and he may require the same for such purposes from other departments, subdivisions, or officers of the state government.

Source: SDC 1939, § 55.2004; SL 1988, ch 11, § 9; SDCL § 1-14-14; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-11-37 — SD Code / Title 1 / Chapter 11 / Section 1-11-37
Investigative subpoena--Definitions
Status: in_force

Terms used in this section and §§ 1-11-38 to 1-11-45 , inclusive, mean:

(1) "Investigative subpoena," a written demand issued by the attorney general or the attorney general's designee, after judicial approval, requiring the production of business records relevant to an official criminal investigation;

(2) "Provider," any:

(a) Electronic communication service that provides users with the ability to send or receive wire or electronic communications;

(b) Electronic service provider that offers users the ability to send or receive wire or electronic communications, or to process or store data by means of an electronic communication system;

(c) Internet service provider engaged in the business of providing computer access or internet connectivity to the public or to subscribers;

(d) Remote computing service that provides computer storage or processing services to the public, by means of an electronic communications system; or

(e) Telecommunications carrier that provides telecommunications services; and

(3) "Reasonable cause," a belief based on specific and articulable facts that the business records sought are relevant and material to an active criminal investigation.

Source: SL 2026, ch 2, § 1.
S.D. Codified Laws § 1-25-6 — SD Code / Title 1 / Chapter 25 / Section 1-25-6
Duty of state's attorney on receipt of complaint alleging chapter violation
Status: in_force

If a complaint alleging a violation of this chapter is made pursuant to § 23A-2-1 , the state's attorney shall take one of the following actions:

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

(2) Determine that there is no merit to prosecuting the case. Upon doing so, the state's attorney shall send a copy of the complaint and any investigation file to the attorney general. The attorney general shall use the information for statistical purposes and may publish abstracts of such information, including the name of the government body involved for purposes of public education; or

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

Source: SL 2004, ch 19, § 1.
S.D. Codified Laws § 1-16H-31.4 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.4
Effective date of condemnation and right to just compensation
Status: in_force

Title to the subsurface property interest specified in the declaration vests in the authority and the subsurface property interest is deemed condemned and taken for the use of the authority, and the right to just compensation for the subsurface property interest vests in the persons entitled thereto either on the date the decision is rendered pursuant to the hearing provided for in § 21-35-10.1 or the date the hearing is waived, either by consent in writing or by failing to make demand for the hearing within the time allowed.

Source: SL 2005, ch 12, § 4; SL 2009, ch 1, § 28.
S.D. Codified Laws § 1-27-1.22 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.22
Agreement for transfer of records to suitable repository
Status: in_force

The state archivist may enter into agreements with any officer designated in § 1-27-1.19 for the transfer of the former officer's records to a museum, institution of higher learning, or other suitable repository within South Dakota upon determining that such repository will allow for the preservation, study, and public access of such records consistent with §§ 1-27-1.19 to 1-27-1.21 , inclusive. Such agreements shall be entered into only after a public hearing.

Source: SL 2012, ch 12, § 4.
S.D. Codified Laws § 1-26-18.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-18.3
Request to use Office of Hearing Examiners in certain contested cases
Status: in_force

In any contested case, if the amount in controversy exceeds two thousand five hundred dollars or if a property right may be terminated, any party to the contested case may require the agency to use the Office of Hearing Examiners by giving notice of the request no later than ten days after service of a notice of hearing issued pursuant to § 1-26-17 . This section does not apply to any contested case before the Public Utilities Commission.

Source: SL 1995, ch 8, § 18; SL 2003, ch 18, § 1; SL 2007, ch 7, § 2.
S.D. Codified Laws § 1-18-30 — SD Code / Title 1 / Chapter 18 / Section 1-18-30
Use of state funds and property
Status: in_force

The historical society is the trustee of the state for all property now or hereafter assigned to it and as such shall faithfully expend and apply all money received from the state to the uses and purposes directed by law, and shall hold all its collections and property for the state, and may not sell, mortgage, transfer, or in any manner dispose of or remove the collections and property from the rooms provided by the state for the accommodation of the society without authority of law or the consent of the Legislature.

This section does not prevent the sale or exchange of any duplicates which the society may have or obtain.

Source: SDC 1939, § 29.0112; SL 1974, ch 10, § 14; SL 2009, ch 1, § 35.
S.D. Codified Laws § 1-18-32.1 — SD Code / Title 1 / Chapter 18 / Section 1-18-32.1
Records and reports
Status: in_force

The South Dakota State Historical Society shall submit to the secretary of education such records, information, and reports in the form and at such times as may be required by the secretary, except that the South Dakota State Historical Society shall report at least annually.

Source: SL 1974, ch 3, § 22; SL 2003 ch 272 (Ex. Ord. 03-1), § 82; SL 2005, ch 10, § 6; SL 2011, ch 1 (Ex. Ord. 11-1), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1), § 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-36-30 — SD Code / Title 1 / Chapter 36 / Section 1-36-30
Board of Examiners of Psychologists transferred
Status: transferred

The Board of Examiners of Psychologists, created by chapter 36-27A , and its functions in the former Department of Human Services are transferred to the Department of Social Services. The secretary the Department of Social Services shall perform the functions of the secretary of the Department of Human Services, relating to the Board of Examiners of Psychologists.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 74, eff. April 12, 2011.
S.D. Codified Laws § 1-16H-22 — SD Code / Title 1 / Chapter 16H / Section 1-16H-22
Negotiability of bonds, notes, or instruments--Temporary bonds, notes, or instruments
Status: in_force

Notwithstanding the form and tenor of any such revenue bonds, notes, or other instruments and in the absence of any express recital on the face of any such revenue bond, note, or other instruments that it is non-negotiable, all such revenue bonds, notes, and other instruments are negotiable instruments. Pending the preparation and execution of any such revenue bonds, notes, or other instruments, temporary revenue bonds, notes, or instruments may be issued as provided by resolution.

Source: SL 2004, ch 15, § 22, eff. Feb. 11, 2004; SL 2009, ch 1, § 25.
S.D. Codified Laws § 1-37-8 — SD Code / Title 1 / Chapter 37 / Section 1-37-8
Board of Technical Professions transferred
Status: transferred

The Board of Technical Professions, created by chapter 36-18A , and its functions in the former Department of Commerce and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Commerce and Regulation, relating to the Board of Technical Professions.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 47; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-21-2 — SD Code / Title 1 / Chapter 21 / Section 1-21-2
Meetings of fair commission--Chair and vice chair
Status: in_force

The State Fair Commission shall meet at least once a year in Huron, South Dakota. The commission may hold other meetings at places and at times requested by the secretary of agriculture and natural resources. At the first meeting of the year the commission shall elect from its own membership, a chair and vice chair.

Source: SDC 1939, § 55.4602; SL 1939, ch 225, § 2; SL 1949, ch 226, § 1; SL 1953, ch 299; SL 1955, ch 256, § 1; SL 1964, ch 164, § 1; SL 1967, ch 258, § 1; SL 2004, ch 18, § 2; SL 2017, ch 6, § 2, eff. Mar. 8, 2017; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-41-2 — SD Code / Title 1 / Chapter 41 / Section 1-41-2
Secretary as head of department
Status: in_force

The head of the Department of Agriculture and Natural Resources is the secretary of agriculture and natural resources.

Source: SL 1973, ch 2, § 128; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 43, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16A-63 — SD Code / Title 1 / Chapter 16A / Section 1-16A-63
Liberal construction of chapter
Status: in_force

This chapter shall be liberally construed to accomplish the intentions expressed herein.

Source: SL 1972, ch 10, § 23.
S.D. Codified Laws § 1-16B-29 — SD Code / Title 1 / Chapter 16B / Section 1-16B-29
Capital reserve fund required--Moneys paid in
Status: in_force

The authority shall establish a capital reserve fund and shall pay into the capital reserve fund any moneys appropriated or made available by the state for the fund, any proceeds from the sale of notes or bonds to the extent provided in the authorizing resolution, and any other moneys which may be made available to the authority for the fund from any other source.

Source: SL 1978, ch 9, § 14.
S.D. Codified Laws § 1-22-15 — SD Code / Title 1 / Chapter 22 / Section 1-22-15
Exemption from bidding requirements
Status: in_force

The acquisition of art under §§ 1-22-9 to 1-22-17 , inclusive, is exempt from all state bidding requirements.

Source: SL 1989, ch 14, § 7.
S.D. Codified Laws § 1-18C-10 — SD Code / Title 1 / Chapter 18C / Section 1-18C-10
Availability of archival resources to public and state agencies--Protection and preservation
Status: in_force

The archivist shall make archival resources under the archivist's supervision available to state agencies and to the public at reasonable times, subject to appropriate restrictions. The archivist shall carefully protect and preserve such materials from deterioration, destruction, or loss through application of appropriate techniques for preserving archival and library materials.

Source: SL 1975, ch 24, § 11; SL 2009, ch 1, § 49.
S.D. Codified Laws § 1-16A-1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-1
Legislative findings and intent
Status: in_force

For the benefit of the people of this state and the improvement of their health, welfare, safety, trade, commerce, industry, economy, and living conditions, it is essential that the people of this state have access, both geographically and financially, to adequate and affordable medical care and health facilities and it is essential that this and future generations of youth be given the fullest opportunity to learn and to develop their intellectual and mental capacities and it is essential that health institutions within the state and outside the state, subject to the limitations set forth in this chapter, and educational institutions within the state be provided with appropriate additional means to assist in the development and maintenance of public health and public education, respectively. It is the purpose of this chapter to provide a measure of assistance and alternative methods to enable health institutions within the state and outside the state, subject to the limitations set forth in this chapter, and educational institutions in the state to refund or refinance outstanding indebtedness incurred for health facilities or educational facilities and to provide additional facilities and structures which are sorely needed to accomplish the purposes of this chapter, including securing access by the people of this state to adequate and affordable health care within this state and other states, all to the public benefit and good as more fully provided herein.

It is the intent of the Legislature, by the passage of this chapter, to create a state authority to lend money to health institutions and educational institutions and to authorize the state authority to acquire, construct, reconstruct, repair, alter, improve, extend, own, lease, and dispose of properties to the end that the state authority may be able to promote the health, welfare, safety, trade, commerce, industry, economy and education and welfare of the people of this state and to vest such state authority with all powers to enable such state authority to accomplish such purpose.

It is the further intent of the Legislature to provide a measure of assistance and alternative methods of financing to participating health institutions to aid them in providing needed health facilities that will assure admission and care of high quality and affordability to all who need it and to aid them in dealing with the cash requirements of such participating health institutions, whether resulting from capital expenditures, operating expenditures, delays in the receipt of payments for services, or otherwise.

It is the intent of the Legislature to ensure the availability of the most efficient and affordable financing alternatives to health institutions that are located outside this state but owned, operated, leased, or managed by, or otherwise affiliated with, health institutions located within this state, to promote the economy of this state and the access of the people of this state to adequate and affordable health care within this state and other states, all for the benefit of the health, welfare, safety, trade, commerce, industry, and economy of the people of this state.

It is not intended by this chapter that the state authority shall itself be authorized to operate any such health or educational facilities.

It is also determined that the availability of improved access to health professions schools will benefit the people of this state and improve their health, welfare, and living conditions and that the establishment of a health education loan bond program, with proceeds of bonds to be used for the purchase or making of loans to students, or certain former students, of health professions schools will enhance the availability of improved access to such schools and assist such persons in meeting the expenses incurred in availing themselves of health education opportunities.

Source: SL 1972, ch 10, § 1; SL 1982, ch 10, § 1; SL 1994, ch 8, § 1; SL 2004, ch 9, § 1; SL 2020, ch 2, § 1.
S.D. Codified Laws § 1-19B-28 — SD Code / Title 1 / Chapter 19B / Section 1-19B-28
Negotiations during waiting period for acquisition of historic property
Status: in_force

During the waiting period required by § 1-19B-27 , or at any time prior thereto following notice of designation to the owner as provided in § 1-19B-24 and where such action is reasonably necessary or appropriate for the continued preservation of the property, the Historic Preservation Commission may enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise of the property or any interest therein.

Source: SL 1974, ch 21, § 17.
S.D. Codified Laws § 1-16A-12 — SD Code / Title 1 / Chapter 16A / Section 1-16A-12
Executive director and associate--Compensation
Status: in_force

The authority shall appoint an executive director and may appoint an associate executive director, who shall not be members of the authority and shall serve at its pleasure. They shall receive such compensation as shall be fixed by the authority.

Source: SL 1972, ch 10, § 5.
S.D. Codified Laws § 1-21-6.1 — SD Code / Title 1 / Chapter 21 / Section 1-21-6.1
State fair law enforcement officers
Status: in_force

The secretary of agriculture and natural resources may appoint as many law enforcement officers, as defined in § 23-3-27 and certified by the state, as may be necessary to serve as state fair law enforcement officers to ensure peace and good order on or about the fairgrounds. The secretary shall issue to each officer a certificate of authority. Each officer shall possess all the powers of a certified law enforcement officer with jurisdiction to make arrests within Beadle County. The secretary may promulgate rules pursuant to chapter 1-26 establishing additional qualifications in excess of the certification requirements for a certified law officer.

Source: SL 2004, ch 18, § 1; SL 2017, ch 6, § 3, eff. Mar. 8, 2017; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-55-6 — SD Code / Title 1 / Chapter 55 / Section 1-55-6
Use during account receivable cycle
Status: in_force

The center may be used during the account receivable cycle by:

(1) Any agency of the state to collect bad debt owed to the agency;

(2) The Unified Judicial System to collect any costs, fines, fees, or restitution, constituting final debt, ordered in any adult criminal proceeding;

(3) The Board of Regents to collect any final debt owed within the Board of Regents' system;

(4) Any technical college supported by the state under § 13-39A-42 to collect any final debt owed within the technical college system; and

(5) Any constitutional office to collect final debt owed to the constitutional office.

Source: SL 2015, ch 14, § 6; SL 2019, ch 13, § 3; SL 2020, ch 61, § 33.
S.D. Codified Laws § 1-13-12 — SD Code / Title 1 / Chapter 13 / Section 1-13-12
Department and attorney general to receive necessary equipment
Status: in_force

The state shall furnish to the Department of Public Safety and the Office of the Attorney General all the necessary equipment.

Source: SL 1975, ch 11, § 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 21; SL 2015, ch 5, § 6.
S.D. Codified Laws § 1-16H-13 — SD Code / Title 1 / Chapter 16H / Section 1-16H-13
Open meetings--Notice
Status: in_force

Each meeting of the authority for any purpose whatsoever shall be open to the public as required by chapter 1-25 . Notice of meetings shall be as provided in the bylaws of the authority. Resolutions need not be published or posted.

Source: SL 2004, ch 15, § 13.
S.D. Codified Laws § 1-30-10 — SD Code / Title 1 / Chapter 30 / Section 1-30-10
Removal of designees
Status: in_force

Until such time as the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this chapter, including § 1-30-9 , said persons shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced by said designating authority at any time, with or without cause.

Source: SL 1961, ch 285, § 9.
S.D. Codified Laws § 1-53-6 — SD Code / Title 1 / Chapter 53 / Section 1-53-6
Confidentiality of certain information
Status: in_force

The commissioner shall maintain the confidentiality of any information given to GOED or the Economic Development Finance Authority, the South Dakota Development Corporation, and the Board of Economic Development.

Source: SL 1988, ch 17, § 4; SL 2005, ch 10, § 18; SDCL § 1-33-19.2 ; SL 2009, ch 1, § 120; SDCL § 1-52-13 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 55, 56, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-33-48 — SD Code / Title 1 / Chapter 33 / Section 1-33-48
Commissioner allowed to enter into agreements to acquire equipment
Status: in_force

The commissioner of the Bureau of Information and Technology may enter into purchase or lease - purchase agreements providing for the acquisition of equipment for state boards, commissions, agencies, and instrumentalities, and shall have all powers determined by the commissioner to be necessary to accomplish this purpose.

Source: SL 1988, ch 15, § 2; SDCL, § 1-14-17; SL 1994, ch 412 (Ex. Ord. 94-4), § 21; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-56-3 — SD Code / Title 1 / Chapter 56 / Section 1-56-3
Promulgation of rules
Status: in_force

The board may promulgate rules, pursuant to chapter 1-26 , to implement, manage, and provide oversight of a system of internal control in accordance with internal control standards.

Source: SL 2016, ch 16, § 3, eff. Mar. 16, 2016; SL 2025, ch 12, § 3.
S.D. Codified Laws § 1-41-21 — SD Code / Title 1 / Chapter 41 / Section 1-41-21
Registration for individual permits required by holders of certain general permits
Status: in_force

General permits issued pursuant to chapter 34A-1 , 34A-2 , or 34A-6 which, after public notice and opportunity for hearing before the board, are used to regulate a specific category of activities which are conducted statewide, which are similar in design and operation, and which pose relatively low risks to public health and the environment. The secretary and the board shall have the authority to require any person authorized under a general permit to apply for and obtain an individual permit if an operation cannot comply with all the terms of the general permit, if an operation is significantly different from the industry standard in design or operation, if an operation is causing or has the potential to cause a threat to public health or the environment or if a change has occurred in the availability of demonstrated technology for that activity. The secretary shall maintain a list of interested persons for each general permit issued, and shall provide notice to such persons concerning any proposed changes to the terms, content, or conditions of that general permit.

Source: SL 1991, ch 288, § 1A; SDCL § 1-40-28; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-36-24 — SD Code / Title 1 / Chapter 36 / Section 1-36-24
Contracts with federal government for care of persons--Compensation
Status: in_force

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

Source: SL 1989, ch 21, § 15; SDCL § 1-36A-1.15; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 14, 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19B-40 — SD Code / Title 1 / Chapter 19B / Section 1-19B-40
Composition of district commission--Residence of members--Terms of office--Chair and vice chair
Status: in_force

An historic district commission established pursuant to § 1-19B-38 shall consist of not less than three nor more than seven members appointed by the local governing body with due regard to proper representation of fields such as history, architecture, architectural history, urban planning, archaeology, paleontology, and law. If possible, the members shall be selected from residents of the proposed district. The appointments to membership on the commission shall be so arranged that the term of at least one member will expire each year, and any successor shall be appointed in like manner for a term of three years. The commission shall elect annually a chair and vice chair from its membership.

Source: SL 1974, ch 21, § 8; SL 1980, ch 12, § 9; SL 2009, ch 1, § 86.
S.D. Codified Laws § 1-15-14 — SD Code / Title 1 / Chapter 15 / Section 1-15-14
Condemnation of private property
Status: in_force

The Department of Corrections may condemn private property for public use. The term "private property" includes that portion of any street, alley, or other public highway along both sides of which the land is owned by the state. If the Department of Corrections considers it necessary to condemn any private property for the purpose of erecting or repairing any building or buildings or extending grounds and premises of any of the correctional institutions of the state of which it has control, the secretary of corrections shall declare such condemnation necessary, stating the purposes and extent thereof, and communicate the same to the attorney general, and thereupon proceedings for such condemnation shall be had, in the name of the state as plaintiff, as provided in chapter 21-35 .

Source: SDC 1939, § 55.1710; SL 1989, ch 20, § 32.
S.D. Codified Laws § 1-30-12 — SD Code / Title 1 / Chapter 30 / Section 1-30-12
Short title
Status: in_force

This chapter shall be known and may be cited as "Emergency Interim Executive and Judicial Succession Act."

Source: SL 1961, ch 285, § 1.
S.D. Codified Laws § 1-44-36 — SD Code / Title 1 / Chapter 44 / Section 1-44-36
Use of recovered material by Department of Transportation
Status: in_force

The Department of Transportation shall use or encourage the use of the maximum possible amount of recovered material, such as foundry sand, glass, pavement, and rubber recovered from waste tires as surfacing material, structural material, landscaping material, and fill for all highway improvements, consistent with safe engineering practices. The Department of Transportation shall specify the proportion of recovered material that may be used in various types of highway improvements.

Source: SL 1992, ch 254, § 50D.
S.D. Codified Laws § 1-20-24 — SD Code / Title 1 / Chapter 20 / Section 1-20-24
Initiation of action by board--Recovery of archaeological data--Contractor's cost
Status: in_force

The State Historical Society Board of Trustees shall initiate actions within sixty days of notification under § 1-20-22 and within such time as agreed upon in other cases. The responsible agency shall expend agency funds for the purpose of recovering scientific, historical, or archaeological data, including analysis and publications, and such costs shall be included as part of the contractor's costs if the adverse effect is caused by work being done under contract to a state agency.

Source: SL 1974, ch 11, § 13; SL 2009, ch 1, § 103.
S.D. Codified Laws § 1-32-7 — SD Code / Title 1 / Chapter 32 / Section 1-32-7
Interdepartmental transfers of health and consumer protection functions--Approval by Governor and filing
Status: in_force

The secretaries of the Departments of Health, Agriculture, Public Safety, Revenue, Labor and Regulation and Human Services are hereby authorized to enter into mutual agreements, transferring among the departments any health or consumer protection inspection function assigned to any one of the three departments so as to promote the effectiveness and efficiency of such functions. Any such mutual agreements shall be approved by the Governor and shall be filed in the Office of the Secretary of State.

Source: SL 1973, ch 2, § 55; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 20, 121; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 94, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-27-3 — SD Code / Title 1 / Chapter 27 / Section 1-27-3
Records declared confidential or secret
Status: in_force

Section 1-27-1 shall not apply to such records as are specifically enjoined to be held confidential or secret by the laws requiring them to be so kept.

Source: SDC 1939, § 48.0701; SL 1977, ch 16, § 1
S.D. Codified Laws § 1-36A-29 — SD Code / Title 1 / Chapter 36A / Section 1-36A-29
Release of confidential information by written waiver-Exception
Status: in_force

Except for adult protective services cases, confidential information shall be released if requested by specific written waiver of the applicant or recipient concerned.

Source: SL 1987, ch 200, § 7; SL 2004, ch 167, § 34; SDCL § 28-1-45.5 ; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 29, eff. Apr. 13, 2017.
S.D. Codified Laws § 1-52-16 — SD Code / Title 1 / Chapter 52 / Section 1-52-16
Officers--Quorum--Meetings
Status: in_force

The Board of Tourism shall annually elect from its membership any officers it deems advisable. A majority of the members constitutes a quorum. The board shall meet at the call of the chair or a majority of the members but shall meet at least twice annually.

Source: SL 1982, ch 17, § 48; SDCL Supp, § 1-35-21; SDCL § 1-42-23; SL 2009, ch 1, §§ 128, 129.
S.D. Codified Laws § 1-47-9 — SD Code / Title 1 / Chapter 47 / Section 1-47-9
Division of Insurance transferred
Status: transferred

The Division of Insurance created by chapter 58-2 and its functions listed under Title 58, in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Division of Insurance.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 27, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 116, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-16G-64 — SD Code / Title 1 / Chapter 16G / Section 1-16G-64
Reinvestment payment fund created
Status: in_force

There is hereby created the reinvestment payment fund for the purpose of making reinvestment payments pursuant to the provisions of §§ 1-16G-56 to 1-16G-68 , inclusive, and new frontiers payments pursuant to the provisions of §§ 1-16G-73 to 1-16G-84 , inclusive.

If the board approves a reinvestment payment pursuant to the provisions of §§ 1-16G-56 to 1-16G-68 , inclusive, the Department of Revenue shall deposit into the fund a portion or all of the sales and use taxes paid by the project owner up to a maximum amount of the reinvestment payment approved by the board.

If the board approves a new frontiers payment pursuant to the provisions of §§ 1-16G-73 to 1-16G-84 , inclusive, the Department of Revenue shall deposit into the fund a portion or all of the sales and use taxes paid by the program owner up to a maximum amount of the new frontiers payment approved by the board.

The funds in the reinvestment payment fund are continuously appropriated to GOED to make reinvestment payments pursuant to §§ 1-16G-56 to 1-16G-68 , inclusive, and new frontiers payments pursuant to §§ 1-16G-73 to 1-16G-84 , inclusive. If any money deposited in the fund and set aside for a specific reinvestment payment or new frontiers payment is in excess of the final reinvestment or new frontiers payment, as applicable, or the specific project or program becomes ineligible for the reinvestment or new frontiers payment, as applicable, such money shall be deposited into the general fund. Interest earned on money in the fund shall be deposited into the general fund.

Source: SL 2013, ch 7, § 32, eff. Mar. 20, 2013; SL 2016, ch 5, § 13.
S.D. Codified Laws § 1-16J-23 — SD Code / Title 1 / Chapter 16J / Section 1-16J-23
Informational budget
Status: in_force

Notwithstanding any other provisions of law, all funds received by the authority shall be set forth in an informational budget as described in § 4-7-7.2 .

Source: SL 2009, ch 8, § 23.
S.D. Codified Laws § 1-16H-7 — SD Code / Title 1 / Chapter 16H / Section 1-16H-7
Compensation of members--Reimbursement of expenses
Status: in_force

Voting members of the board shall receive compensation for the performance of their duties as established by the Legislature in accordance with § 4-7-10.4 from the funds of the authority. All members may be reimbursed at rates established by the Board of Finance for necessary expenses, including travel and lodging expenses, incurred in connection with the performance of their duties as members.

Source: SL 2004, ch 15, § 7, eff. Feb. 11, 2004; SL 2009, ch 1, § 21; SL 2014, ch 8, § 2.
S.D. Codified Laws § 1-45-2 — SD Code / Title 1 / Chapter 45 / Section 1-45-2
Secretary as head of department
Status: in_force

The head of the Department of Education is the secretary of education.

Source: SL 1973, ch 2, § 236; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.
S.D. Codified Laws § 1-32-1 — SD Code / Title 1 / Chapter 32 / Section 1-32-1
Definition of terms
Status: in_force

As used in chapters 1-32 to 1-47 , inclusive:

(1) "Administrative function" means any management function to include planning, developing, and implementing programs; organizing the internal structure of a department or agency; selecting, appointing, promoting, removing, and managing personnel; directing, administering, reviewing, and coordinating activities and programs assigned to a department, agency, or organizational subunit; reporting; and budgeting and expending funds, including, unless excepted, special budgetary functions;

(2) "Advisory function" means furnishing advice, gathering information, and making recommendations;

(3) "Agency" means any board, commission, department, bureau, division, or any other unit or organization of state government;

(4) "Department," except when used in connection with the name of a departmental level agency existing before July 1, 1973, means the principal functional and administrative entity created by this chapter within the executive department of state government and one of the twenty - five principal departments permitted under the reorganization amendment and includes any subunits of such a department except where otherwise provided;

(5) "Division" means the principal functional subunit within a department and is comprised of those agencies allocated to the division by chapters 1-32 to 1-47 , inclusive, except where otherwise provided. Where agencies are not specifically allocated to a division, the department head with the approval of the Governor may form necessary divisions to carry out the purpose of said chapters. The head of the division shall have the title "director" of the division unless otherwise specifically designated by said chapters;

(6) "Executive branch" and "executive department" mean the executive department of state government referred to in the S.D. Const., Art. IV;

(7) "Function" means any authority, power, responsibility, duty, program, or activity of an agency, whether or not specifically provided for by law;

(8) "Head of department," "head of a principal department" or "department head" means the head of one of the principal departments as provided for in chapters 1-33 to 1-47 , inclusive. The head of the department shall have the title "secretary" of the department unless otherwise specifically designated by said chapters;

(9) "Office" means the principal functional subunit within a division and is comprised of those agencies allocated to the office by law, executive orders with the force of law, or administrative action, except where otherwise provided. Where agencies are not specifically allocated to an office within a division by law or executive order with the force of law, the department secretary with the approval of the Governor may form necessary offices and allocate agencies to those offices to carry out the purposes of chapters 1-32 to 1-47 , inclusive. The head of an office shall have the title "supervisor" of the office unless otherwise specifically designated by law or said chapters;

(10) "Quasi - judicial function" means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. The term includes the functions of interpreting, applying, and enforcing existing rules and laws; granting or denying privileges, rights, or benefits; issuing, suspending, or revoking licenses, permits and certificates; determining rights and interests of adverse parties; evaluating and passing on facts; awarding compensation; fixing prices; ordering action or abatement of action; holding hearings; adopting procedural rules or performing any other act necessary to effect the performance of a quasi - judicial function;

(11) "Quasi - legislative function" means making or having the power to make and promulgate rules as defined in subdivision 1-26-1(8);

(12) "Reorganization amendment" means S.D. Const., Art. IV, § 8, as adopted at the general election of November 7, 1972;

(13) "Special budgetary function" is a category of administrative functions and means any statutory power granted to an agency with respect to the receipt, or the approval of budgets or allocations, or the disbursement and expenditure of special revenue funds, capital projects funds, debt service funds, trust and agency funds, public service enterprise funds, and working capital or internal service funds as defined by § 4-4-4 . Special budgetary functions are not to be construed, however, to include any authority to select, appoint, promote, or remove any employee.

Source: SL 1973, ch 2, § 2; SL 1974, ch 3, §§ 2, 3; SL 1979, ch 351, § 3; SL 1979, ch 352, § 2; SL 1979, ch 354, § 3; SL 1979, ch 355, § 3; SL 1980, ch 26, § 1.
S.D. Codified Laws § 1-19B-49 — SD Code / Title 1 / Chapter 19B / Section 1-19B-49
Denial of certificate--Reasons recorded--Notice to applicant
Status: in_force

If the Historic District Commission determines that a certificate of appropriateness should not be issued, the commission shall place upon its records the reasons for such determination and shall forthwith notify the applicant of such determination, furnishing the applicant an attested copy of its reasons therefor and its recommendations, if any, as appearing in the records of the commission.

Source: SL 1974, ch 21, § 11; SL 2009, ch 1, § 94.
S.D. Codified Laws § 1-43-34 — SD Code / Title 1 / Chapter 43 / Section 1-43-34
Criminal background investigation of new forensic chemistry and vital records employees--Temporary employment
Status: in_force

Each person hired by the Department of Health, within the forensic chemistry unit of the State Public Health Laboratory or the Office of Vital Records, shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The department shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The department may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. Any person whose employment is subject to the requirements of this section shall pay any fees charged for the criminal record check.

Source: SL 2012, ch 29, § 3; SL 2019, ch 9, § 1.
S.D. Codified Laws § 1-16H-29 — SD Code / Title 1 / Chapter 16H / Section 1-16H-29
Title to projects
Status: in_force

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

Source: SL 2004, ch 15, § 29.
S.D. Codified Laws § 1-18B-9 — SD Code / Title 1 / Chapter 18B / Section 1-18B-9
Public records--Release to society--Prerequisites and conditions
Status: in_force

Any state, county, or municipal public official may release to the South Dakota State Historical Society any record for duplication under the following circumstances:

(1) The official shall designate such record in writing and certify that the record has important historical value;

(2) The record shall be of the type and sort which is not ordinarily in current usage;

(3) The official shall receive a receipt for the record and pay all costs of transportation of the record from its place of deposit with the South Dakota State Historical Society, and for its return, including insurance, if conveyed by other than an official of the office;

(4) Duplications of the record shall be available to the legal custodians at the cost of reproducing the record.

Source: SL 1955, ch 110; SDC Supp 1960, § 29.0126; SDCL § 1-18-34 ; SL 1974, ch 9, § 9; SL 1992, ch 60, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2009, ch 1, § 40; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 27.
S.D. Codified Laws § 1-6-16.5 — SD Code / Title 1 / Chapter 6 / Section 1-6-16.5
State nickname
Status: in_force

"The Mount Rushmore State" is hereby designated as the official nickname of the State of South Dakota.

Source: SL 1992, ch 1, § 1.
S.D. Codified Laws § 1-11-22 — SD Code / Title 1 / Chapter 11 / Section 1-11-22
Program participation as condition of child placement or return
Status: in_force

During any stage of a proceeding under chapter 26-8A , the court may condition the placement or return of an apparent, alleged, or adjudicated abused or neglected child on participation in the 24/7 sobriety program and payment of associated costs and expenses.

Source: SL 2007, ch 4, § 6; SL 2008, ch 6, § 1.
S.D. Codified Laws § 1-27-22 — SD Code / Title 1 / Chapter 27 / Section 1-27-22
Application of English as common language requirement
Status: in_force

The provisions of §§ 1-27-20 to 1-27-25 , inclusive, do not apply:

(1) To instruction in foreign language courses;

(2) To instruction designed to aid students with limited English proficiency in a timely transition and integration into the general education system;

(3) To the application, preparation materials, and examination for any noncommercial driver license or permit;

(4) To the conduct of international commerce, tourism, and sporting events;

(5) When deemed to interfere with needs of the justice system;

(6) When the public safety, health, or emergency services require the use of other languages; and

(7) When expert testimony, witnesses, or speakers require a language other than the common language. However, for purposes of deliberation, decision making, or record keeping, the official version of such testimony or commentary shall be the officially translated English language version.

Source: SL 1995, ch 9, § 3; SL 2016, ch 13, § 1; SL 2020, ch 118, § 1.
S.D. Codified Laws § 1-19B-24 — SD Code / Title 1 / Chapter 19B / Section 1-19B-24
Notification to owners of historic property designated--Filing of ordinance
Status: in_force

Upon adoption of an ordinance pursuant to § 1-19B-20 , the owners and occupants of each designated historic property shall be given written notification of such designation by the local governing body. One copy of the ordinance shall be filed by the local historic preservation commission in the office of the register of deeds for the county in which the property is located.

Source: SL 1974, ch 21, § 16 (3).
S.D. Codified Laws § 1-11-27 — SD Code / Title 1 / Chapter 11 / Section 1-11-27
Fee for urinalysis testing
Status: in_force

A participant submitting to urinalysis testing shall pay a user fee of not more than ten dollars for each test. If further analysis of the sample is required or requested, the participant is responsible for payment of the actual costs incurred by the participating agency for the analysis of the sample.

Source: SL 2011, ch 4, § 6; SL 2014, ch 6, § 3.
S.D. Codified Laws § 1-19C-2.2 — SD Code / Title 1 / Chapter 19C / Section 1-19C-2.2
Board may only act on name change if identified by law as offensive or insulting--Exception
Status: in_force

The South Dakota Board on Geographic Names may only act on a name change for a geographic place name that has been identified by state law as being offensive or insulting, except that the board may hold hearings to consider recommending names to the Legislature as offensive or insulting. The board may not act on any other proposed name change. If state law identifies such a name, the board shall follow the procedures under § 1-19C-2.1 to recommend a new or replacement name.

Source: SL 2016, ch 6, § 1.
S.D. Codified Laws § 1-16A-54.1 — SD Code / Title 1 / Chapter 16A / Section 1-16A-54.1
Bond issue authorized to refund securities of participating institution
Status: in_force

Notwithstanding any other provisions of this chapter to the contrary, the authority may finance the cost of an educational or health facility, or refund outstanding indebtedness incurred prior to or after July 1, 1976, for the construction or acquisition of an educational or health facility, by issuing its bonds for the purpose of purchasing the securities of a participating educational institution or participating health institution.

Source: SL 1976, ch 9, § 1.
S.D. Codified Laws § 1-16A-37 — SD Code / Title 1 / Chapter 16A / Section 1-16A-37
Proration of planning service fees between institutions
Status: in_force

In the event bonds are issued by the authority for the concurrent benefit of two or more participating health institutions or two or more participating educational institutions then the fees to be paid to the authority under §§ 1-16A-33 and 1-16A-34 shall be prorated among the institutions involved in accordance with the amount of bond proceeds allocated to each participating institution respectively.

Source: SL 1972, ch 10, § 15.
S.D. Codified Laws § 1-24-21 — SD Code / Title 1 / Chapter 24 / Section 1-24-21
Liability of law enforcement officers acting in reciprocal capacity
Status: in_force

Any certified law enforcement officer acting under a reciprocal interstate law enforcement agreement shall be treated as a law enforcement officer of the requesting agency for liability purposes while in its jurisdiction and shall have the same authority as any other certified law enforcement officer of the requesting agency. A certified law enforcement officer is any employee of the public agency who is certified as a law enforcement officer under its state laws and is responsible for the prevention and detection of crime and the enforcement of criminal or traffic laws in their respective jurisdictions.

Source: SL 1997, ch 9, § 2.
S.D. Codified Laws § 1-36A-14 — SD Code / Title 1 / Chapter 36A / Section 1-36A-14
Expenditure of surplus funds
Status: in_force

Any balance of fees received by the Department of Human Services after payment of compensation and expenditures may be expended by the secretary of human services only in administering §§ 1-36A-10.1 to 1-36A-16 , inclusive.

Source: SL 1993, ch 21, § 5; SL 1997, ch 14, § 5; SL 2006, ch 6, § 10.
S.D. Codified Laws § 1-41-3.3 — SD Code / Title 1 / Chapter 41 / Section 1-41-3.3
Divisions constituting department
Status: in_force

The Department of Agriculture and Natural Resources shall consist of such divisions as the secretary determines in accordance with § 1-32-4 .

Source: SL 1973, ch 2, § 118; SL 1991, ch 17 (Ex. Ord. 91-4), § 18; SDCL § 1-40-4; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-21-10 — SD Code / Title 1 / Chapter 21 / Section 1-21-10
Promulgation of rules
Status: in_force

The Department of Agriculture and Natural Resources may hold a state fair and other activities in the city of Huron at such times as it may determine. The secretary of agriculture and natural resources may promulgate rules pursuant to chapter 1-26 concerning:

(1) Traffic and camping regulation;

(2) Advertising on the fairgrounds;

(3) Admission policies;

(4) Employee policies;

(5) Exhibitor policies;

(6) Maintenance responsibilities;

(7) Entry requirements;

(8) Department superintendent duties;

(9) Health and heredity requirements for animals;

(10) The provision of feed and forage;

(11) Administration of stalls;

(12) Judges and judging;

(13) Protests and appeals;

(14) Premiums and awards;

(15) Space rental provisions and requirements;

(16) The establishment of opening and closing dates;

(17) The establishment and collection of fees for admission, parking, camping, entry, and exhibits, solicitation booths, and commercial exhibits; and

(18) Terms, conditions, and fees for the use of the fairgrounds and fairgrounds facilities when the state fair is not in progress.

Source: SDC 1939, § 55.4603; SL 1949, ch 226, § 1; SL 1964, ch 165; SL 1986, ch 326, § 1; SL 1987, ch 21; SL 1992, ch 8, § 2; SL 2003, ch 16, § 6; SL 2018, ch 13, § 3; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 51, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-46A-5 — SD Code / Title 1 / Chapter 46A / Section 1-46A-5
South Dakota Veterans Council--Consultation required--Duties--Entities comprising
Status: in_force

The Department of Veterans Affairs shall consult with the South Dakota Veterans Council on a biannual basis regarding matters related to veterans and their dependents. The council shall provide recommendations to the department on budgets, legislation, policies, and programs affecting veterans of this state and their dependents.

The South Dakota Veterans Council consists of one representative of each of the following:

(1) The American Legion;

(2) Disabled American Veterans;

(3) Military Order of the Purple Heart of the United States of America;

(4) National American Indian Veterans;

(5) Paralyzed Veterans of America;

(6) Veterans of Foreign Wars of the United States; and

(7) Vietnam Veterans of America, chapters 1054 and 959.

Source: SL 2020, ch 140, § 1; SL 2026, ch 16, § 1.
S.D. Codified Laws § 1-33-9.1 — SD Code / Title 1 / Chapter 33 / Section 1-33-9.1
Bureau of Human Resources and Administration continued
Status: in_force

The Bureau of Human Resources and Administration shall continue within the Department of Executive Management, and all its functions shall be performed by the Department of Executive Management.

The bureau shall maintain a central office in Pierre which shall be the official address of the bureau and the place for serving process or papers of any kind upon it.

Source: SDC 1939, § 55.2002; SL 1970, ch 7, § 1; SL 1973, ch 2, § 17; SDCL Supp, § 1-14-1.1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 2, § 6; SL 2021, ch 5, § 1; SDCL § 1-14-1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16B-35 — SD Code / Title 1 / Chapter 16B / Section 1-16B-35
Cooperation with local agencies
Status: in_force

The authority may, as necessary or appropriate to carry out the purposes of this chapter, cooperate with local units of government and local development corporations in their efforts to promote the expansion of industrial and manufacturing activity in this state.

Source: SL 1978, ch 9, § 8 (1).
S.D. Codified Laws § 1-19B-55 — SD Code / Title 1 / Chapter 19B / Section 1-19B-55
Public regulation or acquisition of historic properties unimpaired
Status: in_force

Nothing in this chapter prevents the regulation or acquisition of historic buildings, structures, sites, areas, or objects owned by the state or any of its political subdivisions, agencies, or instrumentalities.

Source: SL 1974, ch 21, § 6; SL 2009, ch 1, § 97.
S.D. Codified Laws § 1-16A-90 — SD Code / Title 1 / Chapter 16A / Section 1-16A-90
Agreements with other entities involving credit enhancement obligations
Status: in_force

In connection with any loan to, lease with, or other financing agreement for the benefit of a participating health institution, the authority may enter into any agreements it deems necessary or appropriate with the participating health institution, any municipality or county, any financial institution and others. In connection therewith, the authority may pledge any of its rights, title, and interests in, to and under any credit enhancement obligation for the purpose of securing repayment of bonds or other obligations issued to finance or refinance the costs of property, real or personal, and related costs incurred by a participating health institution which owns or operates a hospital which presently provides or intends to provide services to all or a portion of the residents of the municipality or county which issues such credit enhancement obligation.

Source: SL 1992, ch 3, § 3.
S.D. Codified Laws § 1-15-20.1 — SD Code / Title 1 / Chapter 15 / Section 1-15-20.1
Inmate defined
Status: in_force

For the purposes of § 1-15-20 and chapter 1-27 , an inmate is any person, adult, or juvenile, who has been sentenced or committed to or placed in a facility or program under the control of the Department of Corrections pursuant to § 1-15-1.4 .

Source: SL 1995, ch 3, § 1A; SL 2009, ch 10, § 20.
S.D. Codified Laws § 1-36-6.1 — SD Code / Title 1 / Chapter 36 / Section 1-36-6.1
Performance of functions of former director of social welfare and former director of human development
Status: in_force

The secretary of social services, as head of the Department of Social Services, shall perform all functions under chapter 1-36 of the former director of social welfare and the former director of human development.

Source: SL 1981, ch 376, § 18; SL 1989, ch 21, § 27.
S.D. Codified Laws § 1-11-28 — SD Code / Title 1 / Chapter 11 / Section 1-11-28
Fee for drug patch
Status: in_force

A participant submitting to wear a drug patch shall pay a user fee of not more than seventy dollars for each drug patch attached.

Source: SL 2011, ch 4, § 7; SL 2014, ch 6, § 4; SL 2024, ch 5, § 1.
S.D. Codified Laws § 1-20-17 — SD Code / Title 1 / Chapter 20 / Section 1-20-17
Legislative findings--Purpose of chapter
Status: in_force

The Legislature hereby declares that the public has an interest in preservation and protection of the state's archaeological resources; that the public has the right to the knowledge to be derived and gained from the scientific study of these resources; and that therefore it is the purpose of this chapter to provide that activities for the preservation, excavation, study, and exhibition of the state's archaeological resources be undertaken in a coordinated and organized manner for the general welfare of the public as a whole.

Source: SL 1974, ch 11, § 1.
S.D. Codified Laws § 1-19B-44 — SD Code / Title 1 / Chapter 19B / Section 1-19B-44
Interior arrangement not subject to control--Restriction on commission activities
Status: in_force

The Historic District Commission may not consider interior arrangement and may take no action under § 1-19B-42 except for the purpose of preventing the construction, reconstruction, alteration, restoration, moving, or demolition of buildings, structures, appurtenant fixtures, outdoor advertising signs, or natural features in the historic district which would be incongruous with the historical, architectural, archaeological, or cultural aspects of the district.

Source: SL 1974, ch 21, § 9; SL 2009, ch 1, § 90.
S.D. Codified Laws § 1-36-21 — SD Code / Title 1 / Chapter 36 / Section 1-36-21
Contracts for care of persons subject to or receiving institutional treatment in another state or federal government--Return to sending state or federal government
Status: in_force

The Department of Social Services may enter into contracts with the proper authorities of other states or the federal government, to provide for the support, maintenance, care, and treatment of other persons subject to or receiving institutional treatment in any such other state or federal government, in the appropriate institution in South Dakota under the control and jurisdiction of the department. Any person residing in any institution under the provisions of this section is subject to return to the sending state or federal government at the discretion of the head of the institution in which such person is residing.

Source: SL 1989, ch 21, § 12; SDCL § 1-36A-1.12 ; SL 2011, ch 1 (Ex. Ord. 11-1 ), §§ 14, 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-19B-43 — SD Code / Title 1 / Chapter 19B / Section 1-19B-43
Exterior features defined
Status: in_force

For purposes of this chapter, the phrase, exterior features, includes the architectural style, general design, and general arrangement of the exterior of a building or other structure, including the color, the kind and texture of the building material, and the type and style of all windows, doors, light fixtures, signs, other appurtenant fixtures, and natural features such as trees and shrubbery. In the case of outdoor advertising signs, the term, exterior features, means the style, material, size, and location of all such signs.

Source: SL 1974, ch 21, § 9; SL 2009, ch 1, § 89.
S.D. Codified Laws § 1-19B-38 — SD Code / Title 1 / Chapter 19B / Section 1-19B-38
Establishment of historic district by ordinance--Commission required
Status: in_force

A county or municipality may, after meeting the requirements of §§ 1-19B-34 to 1-19B-37 , inclusive, establish by ordinance one or more historic districts within the area of its jurisdiction. Whenever an historic district is established, an historic district commission shall be established.

Source: SL 1974, ch 21, §§ 7, 8.
S.D. Codified Laws § 1-25-3 — SD Code / Title 1 / Chapter 25 / Section 1-25-3
Minutes of proceedings--Availability to public--Violation as misdemeanor
Status: in_force

The state shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the public at all times at the principal place of business of the board or commission. A violation of this section is a Class 2 misdemeanor.

Source: SL 1953, ch 307; SDC Supp 1960, § 55.2917; SL 1966, ch 165, § 16; SL 1980, ch 24, § 11; SL 1996, ch 9, § 1; SL 2015, ch 12, § 1; SL 2019, ch 3, § 8.
S.D. Codified Laws § 1-44-20 — SD Code / Title 1 / Chapter 44 / Section 1-44-20
Powers of department as to railroads
Status: in_force

The Department of Transportation, with the approval of the South Dakota State Railroad Board and the written consent of the Governor, may enter into agreements, contracts, leases (as lessor or lessee), or other arrangements with any corporation, partnership, individual, agency, or authority, on such terms and conditions as the department shall determine, including providing for the acquisition, operation, maintenance, and improvement of public rail lines, and the acquisition and disposition of any and all rights - of - way, land, facilities, fixtures and appurtenant structures, services and equipment, determined by the department to be necessary or appropriate.

Source: SL 1980, ch 325, § 3; SL 1996, ch 20, § 6.
S.D. Codified Laws § 1-27-1.3 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.3
Liberal construction of public access to public records law--Certain criminal investigation and contract negotiation records exempt
Status: in_force

The provisions of §§ 1-27-1 to 1-27-1.15 , inclusive, and 1-27-4 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved in order that the citizens of this state shall have the full right to know of and have full access to information on the public finances of the government and the public bodies and entities created to serve them. Use of funds as needed for criminal investigatory/confidential informant purposes is not subject to this section, but any budgetary information summarizing total sums used for such purposes is public. Records which, if disclosed, would impair present or pending contract awards or collective bargaining negotiations are exempt from disclosure.

Source: SL 2009, ch 10, § 4.
S.D. Codified Laws § 1-16H-9 — SD Code / Title 1 / Chapter 16H / Section 1-16H-9
Executive director, agents, and employees--Duties--Compensation
Status: in_force

The board may appoint an executive director. The executive director may not be a member of the board. The executive director shall hold office at the discretion of the board. The executive director shall perform such duties as may be prescribed from time to time by the board and shall receive compensation fixed by the board. The board may engage the services of such other agents and employees as the board deems appropriate and may prescribe their duties and fix their compensation.

Source: SL 2004, ch 15, § 9; SL 2008, ch 11, § 1.
S.D. Codified Laws § 1-18B-11 — SD Code / Title 1 / Chapter 18B / Section 1-18B-11
Certified copies of legal notices as evidence--Recording
Status: in_force

A copy of any legal notice published in any newspaper in the Territory of Dakota or the State of South Dakota in the custody of the South Dakota State Historical Society, duly certified by any executive officer thereof which certificate shall recite that the original files of such newspaper for all of the period for which such legal notice appeared therein are in the possession of the South Dakota State Historical Society and shall state the number of publications which such legal notice received and the dates upon which each appeared in such newspaper, shall be accepted in any action or proceeding in this state as proof of service of such legal notice, with the same force and effect as the original printer's affidavit of the printing of such notice. Such copy of such legal notice so certified shall be entitled to record in the office of the register of deeds.

Source: SDC 1939, § 29.0308; SDCL § 1-18-36; SL 1974, ch 9, § 11; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-8-1.1 — SD Code / Title 1 / Chapter 8 / Section 1-8-1.1
Administrative functions of boards performed by secretary of state
Status: in_force

The secretary of state shall perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the following boards:

(1) Board of Finance, created by chapter 4-1 .

(2) Board of Canvassers, created by chapter 12-20 .

Source: SL 1974, ch 6, § 1.
S.D. Codified Laws § 1-22-5 — SD Code / Title 1 / Chapter 22 / Section 1-22-5
Powers and duties of council
Status: in_force

The powers and duties of the council are:

(1) To promote, stimulate, encourage, recognize, and assist the arts in every way possible;

(2) To conduct research and provide a plan for the development of the arts in the State of South Dakota;

(3) To coordinate activities of the federal, state, and local governments and the state's institutions in relation to the arts;

(4) To approve projects for federal and state aid for the arts;

(5) To comply with the requirements of federal law relating to federal aid; and

(6) To accept, receive, and administer gifts, bequests, grants, and endowments from any sources whatsoever to further the purposes, objectives, and provisions of this chapter.

Source: SL 1966, ch 183, § 5; SL 1985, ch 12, § 6; SL 2009, ch 1, § 114.
S.D. Codified Laws § 1-30-11 — SD Code / Title 1 / Chapter 30 / Section 1-30-11
Adjudication of disputes
Status: in_force

Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch of the state government, except a dispute of fact relative to the Office of Governor, must be adjudicated by the Governor, or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the Office of Governor, and the Governor's decision is final.

Source: SL 1961, ch 285, § 10; SL 2023, ch 3, § 9.
S.D. Codified Laws § 1-37-20 — SD Code / Title 1 / Chapter 37 / Section 1-37-20
Appraiser Certification Program transferred
Status: transferred

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

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 43, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-45-1.1 — SD Code / Title 1 / Chapter 45 / Section 1-45-1.1
Department renamed
Status: in_force

The Department formerly known as the Department of Education and Cultural Affairs is hereby renamed the Department of Education. The position formerly known as secretary of education and cultural affairs shall be referred to as the secretary of education and shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9. The secretary of the Department of Education shall perform the functions of the former secretary of the Department of Education and Cultural Affairs.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 63.
S.D. Codified Laws § 1-30-4 — SD Code / Title 1 / Chapter 30 / Section 1-30-4
Exercise of powers by emergency successor to state office--Termination of powers
Status: in_force

In the event that any state officer is unavailable following an attack, and in the event his deputy, if any, is also unavailable, the said powers of his office shall be exercised and the said duties of his office shall be discharged by his designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the Governor under the Constitution or authority other than this chapter (or other official authorized under the Constitution or this chapter to exercise the powers and discharge the duties of the office of Governor) may, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his deputy or a preceding named emergency interim successor) becomes available to exercise or resume the exercise of the powers and discharge the duties of his office.

Source: SL 1961, ch 285, § 4.
S.D. Codified Laws § 1-13-10 — SD Code / Title 1 / Chapter 13 / Section 1-13-10
False report to broadcasting station as misdemeanor
Status: in_force

Whoever intentionally makes any false, misleading, or unfounded reports to the state radio broadcasting station for the purpose of interfering with the operation thereof, or with the intention of misleading any agent of the attorney general's office or peace officers of this state, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 55.9909; SL 1980, ch 24, § 4.
S.D. Codified Laws § 1-16G-82 — SD Code / Title 1 / Chapter 16G / Section 1-16G-82
Limitations on reinvestment payments
Status: in_force

The limitations on reinvestment payments imposed by § 1-16G-65 also apply to any new frontiers payment approved by the board.

Source: SL 2016, ch 5, § 10.
S.D. Codified Laws § 1-26-4.4 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.4
Time for promulgation of rules after passage of legislative authority
Status: in_force

If an act of the Legislature, which becomes effective on the date set by § 2-14-16 , contains an authorization for an agency to promulgate rules, the agency may perform the acts specified in § 1-26-4 or 1-26-5 any time after the Governor has signed the act containing the authorization to promulgate rules. However, the rules do not become effective until the act authorizing the agency to promulgate rules is effective.

Source: SL 1977, ch 13, § 4; SL 1986, ch 20, § 4; SL 1989, ch 17.
S.D. Codified Laws § 1-37-21 — SD Code / Title 1 / Chapter 37 / Section 1-37-21
Administrative functions performed for subordinate divisions
Status: in_force

The Department of Labor and Regulation shall, under the direction and control of the secretary of labor and regulation, perform all administrative functions (as defined in § 1-32-1 ) of the following divisions:

(1) The Division of Banking, created by chapter 51A-2 ;

(2) The Division of Insurance, created by chapter 58-2 .

This section does not apply to the special budgetary functions (as defined in § 1-32-1 ) of the State Banking Commission created by chapter 51A-2 .

Source: SL 1973, ch 2, §§ 43, 46, 48; SL 1973, ch 290, § 2; SL 1974, ch 3, § 12; SL 1982, ch 17, § 39; SL 1989, ch 30, § 7; SL 1991, ch 391, § 15; SL 2003, ch 272 (Ex. Ord. 03-1), § 85; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 99, eff. Apr. 12, 2011; SDCL § 1-35-4 ; SL 2017, ch 231 (Ex. Ord. 17-2 ), § 20, eff. Apr. 13, 2017.
S.D. Codified Laws § 1-53-1 — SD Code / Title 1 / Chapter 53 / Section 1-53-1
Governor's Office of Economic Development created--Commissioner as head
Status: in_force

There is hereby created a Governor's Office of Economic Development within the Department of Executive Management. The head of the Governor's Office of Economic Development is the commissioner of the Governor' s Office of Economic Development who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 55, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-24-17 — SD Code / Title 1 / Chapter 24 / Section 1-24-17
Pool arrangement, agreement, or financing not to be considered insurance or insurance company
Status: in_force

No pool arrangement and no agreement or financing in connection therewith may be considered insurance nor may any such pool arrangement, agreement, or financing be considered to be an insurance company under the laws of South Dakota nor may any such pool arrangement, agreement, or financing be under the jurisdiction of the commissioner of insurance.

Source: SL 1991, ch 11, § 13.
S.D. Codified Laws § 1-54-10 — SD Code / Title 1 / Chapter 54 / Section 1-54-10
Assistance with election grants, education, and satellite-voting centers
Status: in_force

The Department of Tribal Relations, in off-election years, shall in cooperation with the secretary of state, counties, and tribes assist with the Help America Vote Act and assist with election grants, education, and satellite-voting center locations on Indian reservations.

Source: SL 2018, ch 20, § 1.
S.D. Codified Laws § 1-1-1 — SD Code / Title 1 / Chapter 1 / Section 1-1-1
Territorial extent of sovereignty and jurisdiction--Cessions to United States
Status: in_force

The sovereignty and jurisdiction of this state extend to all territory within its established boundaries except as to such places wherein jurisdiction is expressly ceded to the United States by the State Constitution, or wherein jurisdiction has been heretofore or may be hereafter ceded to the United States, with the consent of the people of this state, expressed by their Legislature and the consent of the United States.

Source: SDC 1939, § 55.0101.
S.D. Codified Laws § 1-33B-3.13 — SD Code / Title 1 / Chapter 33B / Section 1-33B-3.13
Annual guaranteed cost savings--Shortfall
Status: in_force

Except as provided in this section, the qualified energy service provider shall pay the governmental unit the amount of any verified annual guaranteed cost savings shortfall each year until guaranteed cost savings are achieved for each year in an initial monitoring period as established in § 1-33B-3.12 . The amount of cost savings achieved during a year shall be determined using the baseline rates used in guaranteed cost savings.

In the case of a shortfall, the governmental unit and qualified energy service provider may negotiate the terms of measurement and verification reports and the shortfall payment for the remainder of the energy performance contract finance term.

If there is an excess in cost savings in any year of the guarantee period, the guaranteed cost savings remain with the governmental unit. Guaranteed cost savings may not be used to cover potential shortfalls in subsequent years or actual guaranteed cost savings shortages in previous years of a guarantee period.

Source: SL 2016, ch 14, § 15.
S.D. Codified Laws § 1-19-6 — SD Code / Title 1 / Chapter 19 / Section 1-19-6
Acceptance of Oahe Chapel
Status: in_force

The State of South Dakota acting by and through its Legislature hereby accepts as a gift from the family of T. L. Riggs the Oahe Chapel, an historic building displaced in the construction of the Oahe Reservoir and placed without cost to the State of South Dakota on a site selected by the United States engineers close to the access road and observation point at the east end of the Oahe Dam and which site will be leased to the State of South Dakota and its State Historical Society for fifty years. This property so described and so situated is hereby accepted for the use of the South Dakota State Historical Society.

Source: SL 1957, ch 307; SDC Supp 1960, § 29.0503; SL 1965, ch 145; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-26-38.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-38.1
Amendment as provisional--Subject to suspension--Effect
Status: in_force

If an agency amends an existing rule, the amendment becomes provisionally effective and subject to § 1-26-38 . The effect of suspending a provisionally effective amendment is to return the rule to its form prior to the amendment.

Source: SL 1980, ch 18.
S.D. Codified Laws § 1-16B-17 — SD Code / Title 1 / Chapter 16B / Section 1-16B-17
Notes and bonds as general obligations of authority--Funds from which payable
Status: in_force

Except as may otherwise be expressly provided by resolution of the authority, every issue of its notes and bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

Source: SL 1978, ch 9, § 11.
S.D. Codified Laws § 1-11-36 — SD Code / Title 1 / Chapter 11 / Section 1-11-36
Internet crimes investigation fund
Status: in_force

There is hereby established in the state treasury the internet crimes investigation fund. The fund consists of all fees imposed pursuant to § 23A-27-25.9 . The attorney general shall maintain and administer the fund. Interest on moneys credited to the fund must be deposited in the fund. Expenditures out of the fund must be appropriated through the General Appropriations Act. Expenditures from the fund must be used for operational expenses including computer hardware, software licensing, and training for the office of internet crimes investigation, established in § 1-11-16 , and the internet crimes against children unit.

Source: SL 2024, ch 92, § 3.
S.D. Codified Laws § 1-16A-13 — SD Code / Title 1 / Chapter 16A / Section 1-16A-13
Employment of consultants and agents--Compensation
Status: in_force

The authority shall have the power, together with all powers incidental thereto or necessary for the performance thereof, to employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation.

Source: SL 1972, ch 10, § 7 (10).
S.D. Codified Laws § 1-36A-7 — SD Code / Title 1 / Chapter 36A / Section 1-36A-7
Performance of functions of certain former agencies
Status: in_force

The Department of Human Services shall, under the direction and control of the secretary of human services, perform all the functions of the following former agencies:

(1) The Division of Service to the Blind and Visually Impaired, created by chapter 28-10 ;

(2) The Division of Vocational Rehabilitation, created by chapter 28-9 ; and

(3) The disability determination services program in chapter 28-11 .

Source: SL 1973, ch 2, §§ 74, 75, 77; SDCL Supp, § 1-36-9; SL 1974, ch 3, § 18; SL 1977, ch 226, § 5; SL 1989, ch 21, § 34; SL 2011, ch 2, § 109.
S.D. Codified Laws § 1-11-21 — SD Code / Title 1 / Chapter 11 / Section 1-11-21
Program participation as condition of suspended sentence or probation
Status: in_force

The court may condition the granting of a suspended imposition of sentence, suspended execution of sentence, or probation upon participation in the 24/7 sobriety program and payment of associated costs and expenses.

Source: SL 2007, ch 4, § 5.
S.D. Codified Laws § 1-25-1.4 — SD Code / Title 1 / Chapter 25 / Section 1-25-1.4
Information to be posted on state website
Status: in_force

Any state board, commission, or department that is required to provide public notice of its meetings pursuant to § 1-25-1.3 shall make available on a state website designated by the commissioner of the Bureau of Finance and Management, if the information exists:

(1) Financial statements;

(2) Audit reports;

(3) A list of the members of the board or commission;

(4) A schedule of future meetings;

(5) Public meeting materials that are available before a public meeting;

(6) Meeting minutes; and

(7) Annual reports.

Source: SL 2017, ch 8, § 2.
S.D. Codified Laws § 1-7-4.1 — SD Code / Title 1 / Chapter 7 / Section 1-7-4.1
Succession to Governorship during vacancy in office of lieutenant governor
Status: in_force

If during a vacancy in the Office of Governor, the office of lieutenant governor shall become vacant through death, resignation, failure to qualify, conviction after impeachment, or permanent disability of the lieutenant governor, the following, in the order hereinafter enumerated, shall succeed to the office and powers of the Governor:

(1) Speaker of the House of Representatives;

(2) President pro - tem of the Senate;

(3) Speaker pro - tem of the House of Representatives

(4) Secretary of state;

(5) Attorney General;

(6) Auditor;

(7) Treasurer;

(8) Commissioner of School and Public Lands;

(9) Chair of the Public Utilities Commission; or

(10) Public Utilities Commissioners in order of seniority.

Source: SL 1973, ch 13, § 1; SL 2004, ch 7, § 1.
S.D. Codified Laws § 1-33-8.10 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.10
Bureau of Human Resources and Administration--Contracts with political subdivisions--Appropriation
Status: in_force

Every political subdivision of this state may contract with the Bureau of Human Resources and Administration pursuant to this chapter for the performances of all public services and functions empowered by law for such subdivision. Each political subdivision may appropriate funds for contracts pursuant to this section.

Source: SL 1988, ch 11, § 10; SL 2011, ch 2, § 17; SDCL § 1-14-14.1; SL 2024, ch 1 (Ex. Ord. 24-1), § 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16A-2 — SD Code / Title 1 / Chapter 16A / Section 1-16A-2
Definitions
Status: in_force

(1) "Authority" means the South Dakota Health and Educational Facilities Authority created by this chapter;

(2) "Costs," as applied to facilities financed in whole or in part under this chapter, include the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement, and extension of such facilities, including without limitation the cost of studies and surveys; the costs for land title and mortgage guaranty policies; plans, specifications, architectural, and engineering services; legal, organization, marketing, or other special services; financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair, or remodeling of existing buildings; costs of acquiring or reacquiring accounts receivable; and all other necessary and incidental expenses, including working capital and an initial bond and interest reserve, together with interest on bonds issued to finance such facilities to a date six months subsequent to the estimated date of completion;

(3) "Credit enhancement obligation" means an agreement, instrument, or other arrangement described in chapter 6-8B , pursuant to which any municipality or county covenants or agrees to levy taxes or pledge its full faith and credit or other revenues, funds, fees, or property, in amounts necessary to pay debt service and related charges on or in connection with bonds or other obligations issued to finance or refinance property, real or personal, and related costs for a health institution that owns or operates a hospital in this state;

(4) "Educational institution" means any private nonprofit corporation or institution authorized by law to provide or operate educational facilities and to provide a program of education beyond the high school level in this state. A "participating educational institution" means a nonprofit educational institution that, pursuant to this chapter, shall undertake the financing and construction or acquisition of educational facilities or shall undertake the refunding or refinancing of outstanding obligations or of a mortgage or of advances or loans, as provided in and permitted by this chapter. A "participating educational institution" also means any school district or LEA in the state authorized to enter into a lease - purchase agreement with the health and educational facilities authority pursuant to chapter 13-19 or 13-39 ;

(5) "Facilities," in the case of a participating health institution, means a structure or building suitable for use as a hospital, clinic, nursing facility, home for the aged, or other health care facility, laboratory, laundry, residence for nurses, doctors, or interns, administration building, research facility, maintenance, storage or utility facility, auditorium, dining hall, food service and preparation facility, fire prevention facility, mental and physical health care facility, dental care facility, nursing school, medical teaching facility, offices, parking lots, and garages, and other supporting service structures, and all necessary, useful, and related equipment, furnishings, and appurtenances, and including without limitation the acquisition, preparation, and development of all lands necessary or convenient as a site or sites for any of the foregoing. Facilities, in the case of a participating health institution, also means any accounts receivable, working capital, or operating expense, financing, or refinancing program, of a participating health institution or institutions, with or involving funds provided in whole or in part hereunder, or any combination thereof. Facilities, in the case of a participating educational institution, means a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, and maintenance, storage, or utility facility, and other structures or facilities related thereto or required or useful for the instruction of students or the conducting of research or the operation of an institution for higher education, including parking and other facilities or structures essential or convenient for the orderly conduct of the institution for higher education, and includes equipment and machinery and other similar items, necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies, or other items that are customarily deemed to result in a current operating charge. Facilities does not include any property used or to be used primarily for sectarian instruction or study, or as a place for devotional activities or religious worship, or any property that is used or to be used primarily in connection with any part of a program of a school or department of divinity of any religious denomination;

(6) "HEAL loans" means loans to finance the graduate education of health professionals, which have been made pursuant to the Federal Health Education Assistance Loan Program created pursuant to P.L. 94-484, and which are fully insured or guaranteed as to principal and interest by the United States, its agencies or instrumentalities;

(7) "Health institution" means any private nonprofit corporation or institution authorized by law to provide or operate health facilities in this state, or any private nonprofit corporation or institution authorized by law to provide or operate health facilities outside this state;

(8) "Participating health institution" means a nonprofit health institution that, pursuant to this chapter, shall undertake the financing and construction or acquisition of health facilities or shall undertake the refunding or refinancing of outstanding obligations or of a mortgage or of advances or loans, as provided in and permitted by this chapter, whether located within this state or in another state;

(9) "Participating public agency" means any public agency, as defined in chapter 1-24 , which has elected to participate in a pool arrangement;

(10) "Public body" means any county, municipality, or township, or any school district, hospital district, sanitary district, irrigation district, drainage district, or water user district; and

(11) "Revenues," with respect to facilities, means the rents, fees, charges, and other income or profit derived therefrom, and with respect to HEAL loans, means all amounts received in repayment of such loans, including any insurance benefits.

Source: SL 1972, ch 10, § 2; SL 1982, ch 10, § 2; SL 1986, ch 124, § 4; SL 1987, ch 144, § 6; SL 1988, ch 13, § 1; SL 1991, ch 11, § 7; SL 1992, ch 3, § 1; SL 1994, ch 8, §§ 2, 3; SL 2004, ch 9, § 2; SL 2020, ch 2, § 2.
S.D. Codified Laws § 1-11-32 — SD Code / Title 1 / Chapter 11 / Section 1-11-32
24/7 sobriety program participation fee
Status: in_force

Each participant in the 24/7 sobriety program shall pay a participation fee of not more than three dollars per day.

Source: SL 2011, ch 4, § 11; SL 2014, ch 6, § 7.
S.D. Codified Laws § 1-27-17 — SD Code / Title 1 / Chapter 27 / Section 1-27-17
Legislative and judicial records management programs
Status: in_force

Upon request, the commissioner of human resources and administration shall assist and advise in the establishment of records management programs in the legislative and judicial branches of state government. The commissioner may, as required by each branch, provide program services similar to those available to the executive branch of state government pursuant to the provisions of §§ 1-27-9 to 1-27-16 , inclusive.

Source: SL 1967, ch 253, § 5; SL 2011, ch 2, § 29; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-11-26 — SD Code / Title 1 / Chapter 11 / Section 1-11-26
Fee for twice-a-day testing
Status: in_force

A participant submitting to twice-a-day testing shall pay a user fee of not more than three dollars for each test.

Source: SL 2011, ch 4, § 5; SL 2014, ch 6, § 2.
S.D. Codified Laws § 1-1-21 — SD Code / Title 1 / Chapter 1 / Section 1-1-21
Governor's proclamation required for assumption of jurisdiction
Status: in_force

Except as to criminal offenses and civil causes of action arising on any highway, as defined in chapter 31-1 , the jurisdiction provided for in § 1-1-18 is not assumed or accepted by this state, and §§ 1-1-18 and 1-1-20 is not considered in effect, unless and until the Governor of the State of South Dakota, if satisfied that the United States of America has made proper provision for the reimbursement to this state and its counties for the added costs in connection with the assumption of said jurisdiction, has issued a proper proclamation duly filed with the secretary of state declaring the said jurisdiction to be assumed and accepted.

Source: SL 1961, ch 464, § 4; SL 2023, ch 3, § 1.
S.D. Codified Laws § 1-47-13 — SD Code / Title 1 / Chapter 47 / Section 1-47-13
Abstractors Board of Examiners transferred
Status: transferred

The Abstractors Board of Examiners, created by chapter 36-13 , and its functions in the former Department of Revenue and Regulation are transferred to the Department of Labor and Regulation. The secretary of the Department of Labor and Regulation shall perform the functions of the former secretary of the Department of Revenue and Regulation, relating to the Abstractors Board of Examiners.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 54, eff. Apr. 17, 2003; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 120, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-26-4.1 — SD Code / Title 1 / Chapter 26 / Section 1-26-4.1
Notice of hearing on proposed rule--Publication--Mailing--Contents
Status: in_force

An agency shall publish a notice of a public hearing on the agency's intent to adopt, amend, or repeal a rule, in at least three newspapers of general circulation in different parts of the state. The provisions of chapter 17-2 do not apply to notices required by this section.

An agency shall provide the notice of a public hearing, or the notice of intent to adopt an emergency rule and a copy of the emergency rule, to each person who has made a timely request of the agency for advance notice of its rule-making proceedings.

A notice of hearing or a notice of intent to adopt emergency rules must provide:

(1) A narrative description of the effect of the proposed rule;

(2) The reasons for adopting the proposed rule;

(3) Where and when the hearing will be held;

(4) How amendments, data, opinions, and arguments may be presented;

(5) The deadline to submit written comments; and

(6) How the public may obtain copies of the proposed rule.

Source: SL 1972, ch 8, § 6; SL 1975, ch 16, § 13; SL 1976, ch 15, § 2; SL 1977, ch 13, § 5; SL 1978, ch 13, § 2; SL 1984, ch 9, § 1; SL 1986, ch 20, § 2; SL 2009, ch 9, § 3; SL 2017, ch 7, § 3; SL 2025, ch 9, § 7.
S.D. Codified Laws § 1-43-20 — SD Code / Title 1 / Chapter 43 / Section 1-43-20
Public or private entities allowed to implement and maintain health care data system
Status: in_force

In establishing a health care data system pursuant to § 1-43-19 , the Department of Health may by contract or agreement authorize any person or any public or private entity or any combination of persons or entities to implement and maintain any portion of the health care data system.

Source: SL 1993, ch 23, § 2.
S.D. Codified Laws § 1-27-39 — SD Code / Title 1 / Chapter 27 / Section 1-27-39
Response to notice of review
Status: in_force

Upon receipt, the Office of Hearing Examiners shall promptly mail a copy of the notice of review filed pursuant to § 1-27-38 and all information submitted by the requestor to the public record officer named in the notice of review. The entity denying the written request may then file a written response to the Office of Hearing Examiners within ten business days. If the entity does not file a written response within ten business days, the Office of Hearing Examiners shall act on the information provided. The Office of Hearing Examiners shall provide a reasonable extension of time to file a written response upon written request or agreement of parties.

Source: SL 2008, ch 14, § 7.
S.D. Codified Laws § 1-26-36 — SD Code / Title 1 / Chapter 26 / Section 1-26-36
Weight given to agency findings--Disposition of case--Grounds for reversal or modification--Findings and conclusions--Costs
Status: in_force

The court shall give great weight to the findings made and inferences drawn by an agency on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the agency;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in light of the entire evidence in the record; or

(6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

A court shall enter its own findings of fact and conclusions of law or may affirm the findings and conclusions entered by the agency as part of its judgment. The circuit court may award costs in the amount and manner specified in chapter 15-17 .

Source: SL 1966, ch 159, § 15 (7); SL 1972, ch 8, § 29; SL 1977, ch 13, § 16; SL 1978, ch 13, § 10; SL 1978, ch 17; SL 1983, ch 6, § 2.
S.D. Codified Laws § 1-24-6 — SD Code / Title 1 / Chapter 24 / Section 1-24-6
Agreements to be approved by state agency
Status: in_force

In the event that an agreement made pursuant to §§ 1-24-2 to 1-24-9 , inclusive, shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction.

Source: SL 1966, ch 187, § 7; SL 1973, ch 8.
S.D. Codified Laws § 1-15-35 — SD Code / Title 1 / Chapter 15 / Section 1-15-35
Department of Corrections responsible for certain costs of transporting inmates
Status: in_force

In the event the Department of Corrections fails to transport an inmate as required in §§ 1-15-33 to 1-15-35 , the department may be billed for the cost of the transport and is responsible for the payment thereof.

Source: SL 1999, ch 110, § 5.
S.D. Codified Laws § 1-11-16 — SD Code / Title 1 / Chapter 11 / Section 1-11-16
Office of Internet Crimes Investigation transferred
Status: transferred

The Office of Internet Crimes Investigation, Bureau of Information and Telecommunication and its functions are transferred to the Office of the Attorney General, Division of Criminal Investigation. The Attorney General of the State of South Dakota shall perform the functions of the Commissioner of Information and Telecommunications, relating to the Office of Internet Crimes Investigation.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 75.
S.D. Codified Laws § 1-41-19.1 — SD Code / Title 1 / Chapter 41 / Section 1-41-19.1
Board of Minerals and Environment composed in conformance with Clean Air Act
Status: in_force

In addition to the provisions of § 1-41-19 , the Board of Minerals and Environment shall be composed in conformance with the requirement of the Clean Air Act § 128 (42 USC § 7428) as amended to January 1, 1995, for all permits and enforcement orders initiated under chapter 34A-1 .

Source: SL 1995, ch 318 (Ex. Ord. 95-2), § 15; SDCL § 1-40-25.1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 52, 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-41-25 — SD Code / Title 1 / Chapter 41 / Section 1-41-25
Voluntary environmental audits--Assumption against civil or criminal penalties
Status: in_force

An environmental audit is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with environmental law, rule, regulation, or permit enforced by the department. By completing an environmental audit in compliance with the terms and conditions of §§ 1-41-25 to 1-41-25.4 , inclusive, there shall be a presumption against the imposition of civil or criminal penalties for violations found and disclosed. Nothing in this section authorizes uninterrupted or continuous auditing. An environmental audit may not be used to prevent the department from carrying out its statutory or regulatory functions.

Source: SL 1996, ch 18, § 1; SDCL § 1-40-33; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-26D-3 — SD Code / Title 1 / Chapter 26D / Section 1-26D-3
Appointment of hearing examiners
Status: in_force

The chief hearing examiner may appoint such other hearing examiners and other staff as are necessary to carry out the provisions of this chapter and may contract with qualified persons to serve as hearing examiners for specific cases.

Source: SL 1995, ch 8, § 4
S.D. Codified Laws § 1-11-31 — SD Code / Title 1 / Chapter 11 / Section 1-11-31
Time for payment of fees
Status: in_force

A participant shall pay all electronic alcohol monitoring device or mobile breath alcohol testing device fees in advance or at the same time the device is activated. All other applicable fees shall be paid in advance or at the time of testing.

Source: SL 2011, ch 4, § 10; SL 2017, ch 3, § 5.
S.D. Codified Laws § 1-41-22 — SD Code / Title 1 / Chapter 41 / Section 1-41-22
Report required following the issuance of uncontested permits
Status: in_force

Following the issuance of any uncontested permit by the secretary pursuant to chapter 34A-1 , 34A-2 , 34A-6 , 34A-11 , 45-6B , 45-6D , or 45-9 , the secretary shall give the board having jurisdiction over the permit a report. The report shall identify the activity for which the permit was issued and its location, operator, and proposed duration.

Source: SL 1991, ch 288, § 18; SDCL § 1-40-29; SL 2021, ch 1 (Ex. Ord. 21-3), § 56, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-19B-9 — SD Code / Title 1 / Chapter 19B / Section 1-19B-9
Entry on private lands for survey--Consent required to enter building
Status: in_force

Any county or municipal historic preservation commission established pursuant to this chapter may enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey. However, no member, employee, or agent of the commission may enter any private building or structure without the express consent of the owner or occupant.

Source: SL 1974, ch 21, § 3 (10); SL 2009, ch 1, § 72.
S.D. Codified Laws § 1-16A-74 — SD Code / Title 1 / Chapter 16A / Section 1-16A-74
Power to act as public instrumentality
Status: in_force

The authority is hereby designated and empowered to act as a public instrumentality and agency of the state exercising public and essential governmental functions for the purpose of reducing the cash flow difficulties faced by LEAs and other public bodies, improving the financial procedures of school districts and other public bodies, reducing the short - term borrowing costs of LEAs and other public bodies, financing capital improvements for vocational education, assisting public bodies in the financing of real property, equipment or other personal property and assisting public bodies, health institutions and educational institutions in the investment of funds intended for use or application in connection with any purpose, project or program authorized by this chapter.

Source: SL 1986, ch 13, § 1; SL 1987, ch 144, § 9; SL 1988, ch 13, § 2.
S.D. Codified Laws § 1-19A-4 — SD Code / Title 1 / Chapter 19A / Section 1-19A-4
Entry on private property for survey--Consent required
Status: in_force

The South Dakota State Historical Society is authorized to enter, solely in the performance of its official duties and only at reasonable times upon notice, upon private property for the examination or survey thereof. However, no member, employee, or agent of the office may enter any building or structure without the express consent of the owner or occupant thereof.

Source: SL 1973, ch 14, § 7; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-18-12.2 — SD Code / Title 1 / Chapter 18 / Section 1-18-12.2
State Historical Society Board of Trustees created--Transfers
Status: in_force

There is hereby created the State Historical Society Board of Trustees. All of the functions, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the former Board of Cultural Preservation, the State Review Board, the executive committee of the South Dakota State Historical Society, and the Historical Records Board are transferred to the State Historical Society Board of Trustees. All quasi-legislative, quasi-judicial, and advisory functions of those boards are also transferred to the State Historical Society Board of Trustees.

Source: SL 1985, ch 400 (Ex. Ord. 85-2), § 24; SL 2021, ch 7, § 4.
S.D. Codified Laws § 1-18-31 — SD Code / Title 1 / Chapter 18 / Section 1-18-31
Fees--Fund
Status: in_force

All money collected by the historical society or any officer thereof as membership fees, from the sale of duplicates, from gifts or bequests, or from any other source shall be paid into the treasury and shall be kept by the treasurer as the historical society special state revenue fund, to be used for the purposes set forth in § 1-18-2 and paid out on proper vouchers as approved by the director.

Source: SDC 1939, § 29.0123; SL 1971, ch 6, § 1; SL 2021, ch 7, § 22.
S.D. Codified Laws § 1-36-7.2 — SD Code / Title 1 / Chapter 36 / Section 1-36-7.2
Performance of functions of former Division of Human Development and former Office of Community Services and supervisor of office of community services
Status: in_force

The functions of the former Division of Human Development under chapter 1-36 and the functions of the former Office of Community Services and the supervisor of the Office of Community Services under chapters 26-4 and 26-6 are transferred to the Department of Social Services and the secretary of social services, and may be organized within the Department of Social Services as the secretary, with the approval of the Governor, shall designate.

Source: SL 1981, ch 376, § 20.
S.D. Codified Laws § 1-33-8.12 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.12
Central mail service fund--Apportionment of expenses
Status: in_force

There is hereby created a central mail service fund to encompass the operations of the capitol central mail system. The commissioner of human resources and administration shall apportion all expenses encountered in the operation of the capitol central mail system to all state departments, agencies, and institutions that utilize the system.

Source: SL 2011, ch 2, § 33; SDCL § 1-14-18; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 31, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-20-36 — SD Code / Title 1 / Chapter 20 / Section 1-20-36
Trespass on private land--Misdemeanor
Status: in_force

It is deemed an act of trespass for any person to remove artifacts and antiquities of the kind described in this chapter from the private land of any owner without the owner's permission being first obtained, in writing. A violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 11, § 17; SL 1980, ch 24, § 7; SL 2009, ch 1, § 109.
S.D. Codified Laws § 1-19B-34 — SD Code / Title 1 / Chapter 19B / Section 1-19B-34
Investigations by district study committee--Criteria
Status: in_force

An historic district study committee, established pursuant to § 1-19B-32 , shall make an investigation of the historical, architectural, archaeological, paleontological, and cultural significance of the buildings, structures, sites, or surroundings included as any proposed historic district. The committee's investigation and recommendations shall comply with the criteria adopted by the State Historical Society Board of Trustees pursuant to chapter 1-19A .

Source: SL 1974, ch 21, § 7 (1); SL 1980, ch 12, § 8.
S.D. Codified Laws § 1-8-12 — SD Code / Title 1 / Chapter 8 / Section 1-8-12
Fee for expedited services
Status: in_force

The secretary of state shall charge a fee of fifty dollars for any expedited service. Expedited service is defined as completion sooner than the normal course of business upon request. The office shall deposit any revenue from this fee into the financing statement and annual report filing fee fund.

Source: SL 1993, ch 7, § 2; SL 2003, ch 8, § 2; SL 2009, ch 4, § 2; SL 2016, ch 2, § 3.
S.D. Codified Laws § 1-15-1.7 — SD Code / Title 1 / Chapter 15 / Section 1-15-1.7
Appointment of division directors
Status: in_force

The secretary of corrections shall appoint, and may at pleasure remove, subject to approval by the Governor, division directors in the Department of Corrections. The secretary of corrections shall submit for approval to the commissioner of personnel minimum qualifications for the division director positions within the Department of Corrections.

Source: SL 1989, ch 20, § 6.
S.D. Codified Laws § 1-6-14 — SD Code / Title 1 / Chapter 6 / Section 1-6-14
State insect
Status: in_force

The honey bee, Apis Mellifera L, is hereby designated as the official insect of the State of South Dakota.

Source: SL 1978, ch 5, § 1.
S.D. Codified Laws § 1-16G-52 — SD Code / Title 1 / Chapter 16G / Section 1-16G-52
Awards from economic development partnership fund
Status: in_force

The Board of Economic Development may award funds from the economic development partnership fund for the following purposes:

(1) To support new staff, or elevate existing part-time staff and equipment and training needs for the purpose of developing or expanding local, community, and economic development programs;

(2) To support any recipient's plans to work with other entities for the purpose of developing or expanding local, community, and economic development programs; or

(3) To award funds from the economic development partnership fund to commence or replenish a local revolving loan fund for the purpose of developing or expanding housing, community, and economic development programs. Areas of emphasis for funding include creating high quality employment opportunities, repopulation, stronger economies, housing development, business growth, support of entrepreneurship, and job creation, expansion, and retention. When awarding funds for a revolving loan fund, the board may give priority to an application that serves multiple communities. The board may give additional priority to an application that leverages state funds at greater than a one-to-one matching basis.

Source: SL 2013, ch 7, § 6, eff. Mar. 20, 2013; SL 2016, ch 4, § 5.
S.D. Codified Laws § 1-25-1.5 — SD Code / Title 1 / Chapter 25 / Section 1-25-1.5
Teleconference meeting or hearing--Quorum--Vote
Status: in_force

Any official meeting may be conducted by teleconference. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4 . A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference may be taken by voice vote. If any member votes in the negative, the vote shall proceed to a roll call vote.

Source: SL 2019, ch 3, § 3; SL 2021, ch 9, § 1.
S.D. Codified Laws § 1-33-37 — SD Code / Title 1 / Chapter 33 / Section 1-33-37
Bureau of Information and Technology created
Status: in_force

There is hereby created within the Department of Executive Management the Bureau of Information and Technology.

Source: SL 1994, ch 412 (Ex. Ord. 94-4), § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 1-27-1.8 — SD Code / Title 1 / Chapter 27 / Section 1-27-1.8
Certain records relevant to court actions exempt from disclosure
Status: in_force

Any record that is relevant to a controversy to which a public body is a party but which record would not be available to another party under the rules of pretrial discovery for causes pending in circuit court are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15 , inclusive.

Source: SL 2009, ch 10, § 9.
S.D. Codified Laws § 1-26-2 — SD Code / Title 1 / Chapter 26 / Section 1-26-2
Agency materials available for public inspection--Derogatory materials
Status: in_force

Each agency shall make available for public inspection all rules, final orders, decisions, opinions, intra - agency memoranda, together with all other materials, written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions. An agency shall hold confidential materials derogatory to a person but such information shall be made available to the person to whom it relates.

Source: SDC 1939, § 55.1203; SL 1966, ch 159, § 2; SL 1972, ch 8, § 4.
S.D. Codified Laws § 1-26-18.4 — SD Code / Title 1 / Chapter 26 / Section 1-26-18.4
Contested case--Interpreter or translator services--Compensation
Status: in_force

When a witness or party needs a language interpreter or translator in a contested case proceeding, the agency required by law to determine the matter, as referenced in subdivision 1-26-1 (2), shall procure and appoint a disinterested interpreter or translator. The agency shall compensate the interpreter or translator for reasonable and just services provided in the proceeding. The payment for the services of the interpreter or translator must be made from moneys appropriated for the operation of the agency.

Source: SL 2026, ch 10, § 2.
S.D. Codified Laws § 1-19B-20 — SD Code / Title 1 / Chapter 19B / Section 1-19B-20
Ordinances designating historic properties--Criteria--Procedure
Status: in_force

The local governing body of any county or municipality may adopt an ordinance designating one or more historic properties on the following criteria: historical, architectural, archaeological, and cultural significance; suitability for preservation or restoration; educational value; cost of acquisition, restoration, maintenance, operation, or repair; possibilities for adaptive or alternative use of the property; appraised value; and the administrative and financial responsibility of any person or organization willing to underwrite all or a portion of such costs. In order for any historic property to be designated in the ordinance, it must in addition meet the criteria established for inclusion of the property in the state register of historic places established pursuant to chapter 1-19A . No ordinance designating an historic property pursuant to this section may be adopted until the procedural steps set forth in §§ 1-19B-21 to 1-19B-24 , inclusive, have been taken.

Source: SL 1974, ch 21, §§ 15, 16.
S.D. Codified Laws § 1-16A-58 — SD Code / Title 1 / Chapter 16A / Section 1-16A-58
Tax exemption of authority
Status: in_force

The authority is hereby declared to be performing a public function in behalf of the state and to be a public instrumentality of the state. Accordingly, the income of the authority, and all properties at any time owned by the authority, shall be exempt from all taxation in the State of South Dakota.

Source: SL 1972, ch 10, § 14.
S.D. Codified Laws § 1-16G-51 — SD Code / Title 1 / Chapter 16G / Section 1-16G-51
Economic development partnership fund created
Status: in_force

There is hereby created in the state treasury the economic development partnership fund. The Board of Economic Development may award grants to any nonprofit development corporation, tribal government, municipality, county, or other political subdivision of this state from the fund on a matching basis as provided in §§ 1-16G-52 and 1-16G-53 . Interest earned on money in the fund shall be deposited into the fund.

Source: SL 2013, ch 7, § 5, eff. Mar. 20, 2013; SL 2014, ch 7, § 2; SL 2018, ch 10, § 11.
S.D. Codified Laws § 1-15-17 — SD Code / Title 1 / Chapter 15 / Section 1-15-17
Employment of institutional personnel in maintenance and replacement projects
Status: in_force

The Department of Corrections may expend any moneys appropriated by the Legislature for maintenance, repair, remodeling, modernization, and replacement projects by using institutional personnel and inmates as may be determined by the secretary to be feasible.

Source: SDC 1939, § 55.1715 as added by SL 1964, ch 154; SL 1989, ch 20, § 35.
S.D. Codified Laws § 1-54-20 — SD Code / Title 1 / Chapter 54 / Section 1-54-20
Default--Repayment--Civil action
Status: in_force

The submission of false or misleading statements or information as part of a grant application or the failure to comply with any requirement shall be considered a default upon the terms of a grant. In the event of a default, the department may require the grant recipient to repay any funds dispersed under the grant to the department within thirty days of a written demand from the department. The department may begin a civil action to recover any grant funds that a grant recipient is required to repay under this section.

Source: SL 2016, ch 86, § 8; SDCL § 13-14-23 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 30, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-16A-86 — SD Code / Title 1 / Chapter 16A / Section 1-16A-86
Authority as funding authority for pool arrangement
Status: in_force

The authority is hereby authorized as a funding authority for any pool arrangement. To implement this authorization, the authority may establish a program for, or issue and assist others in the issuance of, revenue bonds, certificates of participation or any other instruments to accomplish any objective of any such pool arrangement, including capitalization of the pool, provision of excess claims funds or assisting in other funding objectives. The authority may exercise any or all powers enumerated in this chapter, including the establishment of a program for, or the issuance of, revenue bonds, certificates of participation or other instruments to provide funding for any purpose of a pool arrangement.

Source: SL 1991, ch 11, § 9.
S.D. Codified Laws § 1-18-2 — SD Code / Title 1 / Chapter 18 / Section 1-18-2
Purpose--Duties
Status: in_force

The South Dakota State Historical Society within the Department of Education shall collect, preserve, exhibit, and publish material for the study of history, especially the history of this state and the upper great plains. To this end, the office shall explore the archaeology of the region; acquire documents and manuscripts; obtain narratives and records of pioneers; conduct a library of historical reference; maintain the South Dakota State History Museum; survey, document, and promote the preservation of historic properties and sites; examine the culture and history of American Indians and other ethnic groups; publish and otherwise diffuse information relating to the history of the region to schools and communities; and generally encourage and develop within the state the study of history.

Source: SDC 1939, § 29.0102; SL 1996, ch 8, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 79; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 91, eff. Apr. 12, 2011; SL 2015, ch 277 (Ex. Ord. 15-1 ), §§ 19, 21, eff. Apr. 20, 2015; SL 2021, ch 7, § 1.
S.D. Codified Laws § 1-16A-23 — SD Code / Title 1 / Chapter 16A / Section 1-16A-23
Public works laws not applicable--Competitive bidding not required
Status: in_force

Facilities are not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the laws of this state or any other similar requirements which may be lawfully waived by this section and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for the purposes of the authority or the lease, sale, or other disposition of property of the authority is not applicable to any action taken under authority of this chapter.

Source: SL 1972, ch 10, § 21; SL 1982, ch 10, § 3.
S.D. Codified Laws § 1-16G-75 — SD Code / Title 1 / Chapter 16G / Section 1-16G-75
Time for filing application--Contents
Status: in_force

Before any person receives any new frontiers payment as provided in §§ 1-16G-73 to 1-16G-84 , inclusive, the person shall file an application with GOED. The application may be filed no later than thirty days after the commencement date. No person may receive a new frontiers payment if the application is not timely filed with GOED.

The application shall include the following information:

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

(2) The general description of the program;

(3) The commencement date of the program;

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

(5) A schedule of work for the program;

(6) The estimated program costs;

(7) The location of the program;

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

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

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

(11) Any other information that GOED may require.

The application shall be on a form prescribed by the commissioner. The application shall be signed by the program owner under penalty of perjury. No application may include more than one program.

Source: SL 2016, ch 5, § 3.
S.D. Codified Laws § 1-18-25 — SD Code / Title 1 / Chapter 18 / Section 1-18-25
State treasurer as treasurer of historical society--Membership in historical society not required to serve as treasurer--Duties
Status: in_force

The state treasurer is treasurer of the historical society regardless of whether the state treasurer is a member of the historical society. The state treasurer shall receive and maintain custody of all money, securities for money, and such other property of the society that is committed to the state treasurer's charge by the board of trustees; invest the capital of the special funds as authorized by the board of trustees; pay out such funds as authorized; and render from time to time, to the society, statements in writing of the sums of money received and from what source received, of the sums disbursed and for what purpose, with proper vouchers accompanying the same, and of money, securities, and property in the state treasurer's possession, and generally of all matters pertaining to the office of the treasurer of the historical society.

Source: SDC 1939, § 29.0122; SL 2009, ch 1, § 32; SL 2021, ch 7, § 19.
S.D. Codified Laws § 1-11-8 — SD Code / Title 1 / Chapter 11 / Section 1-11-8
Request for Governor's consent to investigation--Denial
Status: in_force

Whenever the attorney general, upon the attorney general's own relation, commences an investigation, the attorney general shall obtain the consent of the Governor by attaching to the record provided in § 1-11-9 a written request for the consent. A copy of the record and request must be provided to the Governor for the Governor's file and the Governor shall acknowledge receipt of the request in writing on the original, which the attorney general shall retain. The request must state in general terms the reasons for the request, and, if denied, the denial must be in writing and contain a statement in general terms of the reasons for the denial.

Source: SDC 1939, § 55.1508 as added by SL 1964, ch 153; SL 2023, ch 3, § 6.
S.D. Codified Laws § 1-30-1 — SD Code / Title 1 / Chapter 30 / Section 1-30-1
Legislative findings and policy
Status: in_force

Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness, and in order, in the event of such an attack, to assure continuity of government through legally constituted leadership, authority, and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of Governor; to provide for emergency interim succession to governmental offices of this state, and its political subdivisions, in the event the incumbents thereof (and their deputies, assistants, or other subordinate officers authorized, pursuant to law, to exercise all of the powers and discharge the duties of such offices (hereinafter referred to as deputy)) are unavailable to perform the duties and functions of such offices; and to provide for special emergency judges who can exercise the powers and discharge the duties of judicial offices in the event regular judges are unavailable.

Source: SL 1961, ch 285, § 2.
S.D. Codified Laws § 1-3-1 — SD Code / Title 1 / Chapter 3 / Section 1-3-1
State constitutes one district
Status: in_force

Pursuant to the 1991 congressional reapportionment, the State of South Dakota, in its entirety, constitutes one congressional district.

Source: SDC 1939, § 55.0301; SL 1965, ch 227, § 1; SL 1971, ch 2, § 1; SL 1981, ch 1; SL 1991, ch 1, § 1.
S.D. Codified Laws § 1-27-41 — SD Code / Title 1 / Chapter 27 / Section 1-27-41
Appeal
Status: in_force

The aggrieved party may appeal the decision of the Office of Hearing Examiners to the circuit court pursuant to chapter 1-26 . In any action or proceeding under §§ 1-27-35 to 1-27-43 , inclusive, no document or record may be publicly released until a final decision or judgment is entered ordering its release.

Source: SL 2008, ch 14, § 9.
S.D. Codified Laws § 1-6-2 — SD Code / Title 1 / Chapter 6 / Section 1-6-2
Design of seal and coat of arms
Status: in_force

The design of the colored seal of the State of South Dakota shall be as follows: An inner circle, whose diameter shall be five - sevenths of the diameter of the outer circle of any seal produced in conformity herewith; within which inner circle shall appear; in the left foreground on the left bank of a river, a rust - colored smelting furnace from which grey smoke spirals upward and adjacent to which on the left are a rust - colored hoist house and mill, and to the left a grey dump; these three structures being set in a yellow field and above and back of a light green grove on the left bank of the river. In the left background is a series of three ranges of hills, the nearer range being a darker green than the said grove, the intermediate range of a blue - green and the higher range of a blue - black coloration.

In the right foreground is a farmer with black hat, red shirt, navy - blue trousers and black boots, holding a black and silver breaking plow, drawn by a matched team of brown horses with a black harness. In the right background and above the horses in a pasture of grey - green, a herd of rust - colored cattle graze in front of a field of yellow - brown corn, part in shock and part in cut rows to the rear and above which are blue and purple hills forming a low background and receding into the distance. Between the right and left foregrounds and backgrounds is a light - blue river merging in the distance into a sky - blue and cloudless sky. Moving upstream on the river is a white steamboat with a single black funnel from which grey smoke spirals upward. Green shrubbery appears on the near bank of the river, in the left foreground and on the right bank of the river near the pasture is a yellow field. The farmer is turning black - brown furrows which reach across the circle and in his foreground is a field of brown - green - yellow.

Near the upper edge of the inner circle at the top on a golden quarter circle which is one - fifth in width the distance between the innermost and the outermost circles that compose the seal, shall appear in black, the state motto: "Under God the People Rule." This innermost circle is circumscribed by a golden band one - fourth as wide as the above - described quarter circle, which inner border, shall be circumscribed by a deep blue circle four and one - half times as wide as the above quarter circle, on which in golden letters one - third its width, in height, shall appear at the top the words, "State of South Dakota." In the lower half of the deep blue circle shall appear in words of equal height "Great" and "Seal" between which shall be the numerals "1889." Between the above - stated names and on either side shall appear a golden star one - half in size the width of the deep blue circle. Circumscribing this deep blue circle shall be a band of gold of the same width as of the inner golden band.

Outside of this outer golden band shall be a serrated or saw - toothed edge of small triangles whose base shall be of the same width as the above quarter circle.

Source: SL 1961, ch 291, § 1.
S.D. Codified Laws § 1-19B-36 — SD Code / Title 1 / Chapter 19B / Section 1-19B-36
Hearing on establishment of historic district--Notice to property owners
Status: in_force

Sixty days after transmittal of its findings pursuant to § 1-19B-35 the historic district study committee shall hold a public hearing thereon after due notice, which shall include written notice, postage prepaid, to the owners of all properties to be included in any proposed historic district.

Source: SL 1974, ch 21, § 7 (2).
S.D. Codified Laws § 1-6-11 — SD Code / Title 1 / Chapter 6 / Section 1-6-11
State tree
Status: in_force

The Black Hills Spruce, Picea Glauca Densata, being a tree native to the State of South Dakota and by its name definitely designating this state as its own and being a tree of noble attributes, is hereby named to be the state tree of South Dakota.

Source: SL 1947, ch 266; SDC Supp 1960, § 55.0112.
S.D. Codified Laws § 1-45-18.1 — SD Code / Title 1 / Chapter 45 / Section 1-45-18.1
Office of Cultural Preservation abolished
Status: in_force

The Office of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished.

Source: SL 1985, ch 400, § 17.
S.D. Codified Laws § 1-50-11 — SD Code / Title 1 / Chapter 50 / Section 1-50-11
Facility owner or operator to pay annual fee--Date due--Late fee--Failure to submit forms or submission of fraudulent forms
Status: in_force

The obligation to pay the fee imposed by § 1-50-8 shall be upon the owner or operator of any facility required to make notification and shall accrue upon the appropriate SARA reporting deadline each year. The fee is due and payable within thirty days and shall be remitted to the Department of Agriculture and Natural Resources along with the forms that may be prescribed by the secretary of agriculture and natural resources in rules promulgated pursuant to chapter 1-26 . A late reporting fee of ten percent of the amount due under this section or of fifteen dollars, whichever amount is greater, shall be assessed for any fee or portion of a fee not timely paid in accordance with this section.

Any facility that knowingly fails to submit the appropriate forms, or that knowingly submits fraudulent forms, shall be reported to the appropriate local emergency planning committee and county commission, and shall be referred to the United States Environmental Protection Agency for appropriate enforcement under section 325 of the Emergency Planning and Community Right-to-Know Act of 1986 as amended to January 1, 1992.

Source: SL 1992, ch 254, § 66; SDCL § 34A-12-24; SL 1993, ch 257, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2019, ch 158, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 52, eff. Apr. 19, 2021.
S.D. Codified Laws § 1-16A-81 — SD Code / Title 1 / Chapter 16A / Section 1-16A-81
Discounted sale of education savings bonds--Interest--Payment at maturity
Status: in_force

Education savings bonds or certificates of participation may be sold at any discount to be determined by the authority, need not bear a stated rate of interest, and may be payable in one payment at maturity on a fixed date.

Source: SL 1990, ch 10, § 4.
S.D. Codified Laws § 1-55-10 — SD Code / Title 1 / Chapter 55 / Section 1-55-10
Centralized electronic debt management system
Status: in_force

The center shall establish and maintain a centralized electronic debt management system to compile the information provided by referring entities, to track the collection efforts for all debt referred to the center, to cross-reference and identify debtors for collection purposes, and to maintain all information provided or collected from all sources concerning addresses, financial records, and any other information useful to the center.

The center may designate a third party to establish and maintain the centralized electronic debt management system. Any such third party shall keep all information it obtains from any source confidential, and any employee, agent, or representative of that third party is prohibited from disclosing that information to anyone other than the center.

Source: SL 2015, ch 14, § 10.
S.D. Codified Laws § 1-1-4 — SD Code / Title 1 / Chapter 1 / Section 1-1-4
Jurisdiction of federally acquired land--Tax exemption
Status: in_force

Jurisdiction is ceded to the United States over any tract of land acquired under the provisions of § 1-1-3 to continue only so long as the United States shall own and occupy such tract. During that time the same shall be exempt from all taxes, assessments, and other charges levied or imposed under authority of the state.

Source: SDC 1939, § 55.0102.
S.D. Codified Laws § 1-26-33.3 — SD Code / Title 1 / Chapter 26 / Section 1-26-33.3
Brief of appellant--Contents
Status: in_force

The brief of the appellant shall contain under appropriate headings in the order here indicated:

(1) A jurisdictional statement setting forth the date and the form of the agency decision, ruling or action sought to be reviewed and the date when the notice of appeal was filed with the circuit court.

(2) A concise statement of the legal issue or issues involved omitting unnecessary detail. Each issue shall be stated as an appellate court would state the broad issue presented. Each issue shall be followed by concise statement of how the agency decided it. Any issue not presented in the brief is deemed waived.

(3) A statement of the case and facts. A statement of the case shall first be presented identifying the agency and indicating briefly the nature of the case and its disposition by the agency. There shall follow a statement of facts relevant to the grounds urged for reversal, modification or other relief.

(4) An argument. The argument shall contain the contentions of the party with respect to the issues presented, the reasons therefor, and the citations to the authorities relied on. Each issue shall be separately presented. Needless repetition shall be avoided.

(5) A short conclusion stating the precise relief sought.

(6) Appendix, if any. Such appendix may include the decision, ruling, or action in question and any regulations or any relevant parts to which the parties wish to direct the particular attention of the circuit court.

(7) Request for oral argument, if desired.

Source: Supreme Court Rule 82-35.
S.D. Codified Laws § 1-44-29 — SD Code / Title 1 / Chapter 44 / Section 1-44-29
Records of railroad property management
Status: in_force

The Department of Transportation shall maintain those property management records generally maintained by railroads for state - owned railroad property and facilities.

Source: SL 1981, ch 12, § 2; SL 1996, ch 20, § 12.
S.D. Codified Laws § 1-36-20 — SD Code / Title 1 / Chapter 36 / Section 1-36-20
Secretary may adopt federally mandated rules--Procedure--Effective date
Status: in_force

If the secretary of the Department of Social Services is authorized to promulgate rules and the adoption of certain rules is mandated by a federal rule or regulation, the secretary may, without following the procedures set forth in §§ 1-26-4 to 1-26-6 , inclusive, serve on code counsel a copy of the proposed rule; a copy of the appropriate federal statute, rule, or regulation; and an affidavit stating that the proposed rule is mandated by the attached federal statute, rule, or regulation. Code counsel shall review the rules received as to the sufficiency of the form and style and as to their legality. If code counsel finds need for change, code counsel must make any requirements known in writing within three days of service. Five days after service, and upon complying with the requirements of code counsel, the secretary may file the proposed rule with the secretary of state.

Any rule adopted under this section is provisionally effective immediately upon filing or at a later date if required in the federal statute or rule and specified by the department.

Source: SL 1980, ch 19, § 1; SL 1987, ch 29, § 64; SL 1989, ch 16, § 14; SL 1996, ch 15; SL 2025, ch 9, § 24.
S.D. Codified Laws § 1-32-4.2 — SD Code / Title 1 / Chapter 32 / Section 1-32-4.2
Request to Governor--Contents
Status: in_force

Any request submitted to create an advisory council, committee, board, or commission by a head of department or chairman of the board of regents to the Governor shall have the following information:

(1) Name of council, committee, board, or commission;

(2) Date of creation;

(3) Composition and type of citizen or group input that is sought;

(4) Names and addresses of members if appointments have been made, otherwise such information shall be made available to the Governor subsequent to the creation;

(5) Purpose of the creation;

(6) Source and amount of funding, duration of the fund or grant used, applicable restrictions and other stipulations.

Source: SL 1976, ch 21, § 4; SL 1989, ch 20, § 44.
S.D. Codified Laws § 1-19B-47 — SD Code / Title 1 / Chapter 19B / Section 1-19B-47
Notice and hearing before action on certificate of appropriateness
Status: in_force

Prior to issuance or denial of a certificate of appropriateness the historic district commission shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application, and shall give the applicant and such owners an opportunity to be heard. In cases in which the commission deems it necessary, it may hold a public hearing concerning the application.

Source: SL 1974, ch 21, § 11; SL 2009, ch 1, § 93.
S.D. Codified Laws § 1-45-30 — SD Code / Title 1 / Chapter 45 / Section 1-45-30
Comprehensive plans defined
Status: in_force

Comprehensive education and cultural affairs plans shall be defined to mean any plan that involves programs under the jurisdiction of more than one of the divisions of the Department of Education or involving both public and private education or cultural programs.

Source: SL 1973, ch 2, § 264; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.
S.D. Codified Laws § 1-16H-31.2 — SD Code / Title 1 / Chapter 16H / Section 1-16H-31.2
Condemnation of subsurface property for purpose of acquiring, developing, constructing, maintaining, or operating projects--Limitation--Procedures
Status: in_force

The authority may condemn private and public subsurface property for public use for the purposes of acquiring, developing, constructing, maintaining, or operating projects. The authority may only condemn subsurface property upon or through which it already owns or controls some, but not all, property rights. If the authority deems it necessary to condemn any subsurface property for such purpose, it shall, by resolution, declare the condemnation necessary, stating the purposes and extent thereof. Thereupon, proceedings for condemnation shall be undertaken in the name of the authority, as provided in chapter 21-35 and this chapter.

Source: SL 2005, ch 12, § 2.
S.D. Codified Laws § 1-16B-16 — SD Code / Title 1 / Chapter 16B / Section 1-16B-16
Issuance, renewal, payment, and refunding of notes and bonds--Application of proceeds of refunding bonds
Status: in_force

The authority may issue notes, renew notes and bonds, pay notes and the interest thereon, refund any bonds by the issuance of new bonds whenever it deems refunding expedient whether the bonds to be refunded have or have not matured, and issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds shall be refunded or sold and the proceeds applied to the purchase, redemption, or payment of such bonds.

Source: SL 1978, ch 9, § 10; SL 2009, ch 1, § 8.
S.D. Codified Laws § 1-16A-14 — SD Code / Title 1 / Chapter 16A / Section 1-16A-14
Surety bonds required--Payment of cost
Status: in_force

Each member of the authority shall execute a surety bond in the penal sum of fifty thousand dollars and the executive director shall execute a surety bond in the penal sum of one hundred thousand dollars or, in lieu thereof, the chairman of the authority shall execute a blanket bond covering each member, the executive director and the employees or other officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety company authorized to transact business in this state as surety and to be approved by the attorney general and filed in the office of the secretary of state. The cost of each such bond shall be paid by the authority.

Source: SL 1972, ch 10, § 6.
S.D. Codified Laws § 1-16A-15 — SD Code / Title 1 / Chapter 16A / Section 1-16A-15
Corporate powers of authority
Status: in_force

The authority has the following powers together with all powers incidental or necessary for the performance thereof:

(1) To have perpetual succession as a body politic and corporate;

(2) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(3) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

(4) To have and to use a corporate seal and to alter the same at pleasure;

(5) To maintain an office at such place or places as it may designate;

(6) To do all things necessary and convenient to carry out the purposes of this chapter;

(7) To establish a minimum amount of cash and investment reserves; and

(8) [Repealed July 1, 2019 by SL 2018, ch 8, § 1.]

Source: SL 1972, ch 10, § 7 (1) to (5), (15); SL 2018, ch 8, § 1.
S.D. Codified Laws § 1-33B-23 — SD Code / Title 1 / Chapter 33B / Section 1-33B-23
Parties to whom loans authorized
Status: in_force

The Governor's Office of Economic Development may make loans, leases, or grants to other state agencies or institutions, local units of government, public and private nonprofit organizations, commercial enterprises, and individuals.

Source: SL 1991, ch 16, § 10; SL 1994, ch 410 (Ex. Ord. 93-9), § 17.
S.D. Codified Laws § 1-33-8.1 — SD Code / Title 1 / Chapter 33 / Section 1-33-8.1
Bureau of Human Resources and Administration--Administrative functions--Board and commission
Status: in_force

The Bureau of Human Resources and Administration shall perform all administrative functions except special budgetary functions (as defined in § 1-32-1 ) of the following agencies:

(1) The Records Destruction Board created by chapter 1-27 ; and

(2) The Capitol Complex Restoration and Beautification Commission continued by chapter 5-15 .

Source: SL 1974, ch 3, § 5; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 29, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 1-16H-40 — SD Code / Title 1 / Chapter 16H / Section 1-16H-40
Transfer of functions and programs of Homestake Laboratory Conversion Project
Status: in_force

The functions and programs of the former Homestake Laboratory Conversion Project are transferred to the authority.

Source: SL 2004, ch 15, § 40.
S.D. Codified Laws § 1-46A-1 — SD Code / Title 1 / Chapter 46A / Section 1-46A-1
Department created--Secretary as head
Status: in_force

There is hereby created a Department of Veterans Affairs. The head of the Department of Veterans Affairs is the secretary of veterans affairs who shall be appointed and serve pursuant to the provisions of the Constitution of the State of South Dakota, Article IV, § 9.

Source: SL 2011, ch 1 (Ex. Ord. 11-1 ), § 19, eff. Apr. 12, 2011.
S.D. Codified Laws § 1-53-38 — SD Code / Title 1 / Chapter 53 / Section 1-53-38
South Dakota Certified Beef Program
Status: in_force

Sections 1-53-38 to 1-53-47 , inclusive, shall be cited as the South Dakota Certified Beef Program Act of 2005.

Source: SL 2005, ch 218, § 1, eff. Mar. 8, 2005; SDCL § 39-24-1 ; SL 2019, ch 235 (Ex. Ord. 19-1 ), § 59, eff. Apr. 14, 2019.
S.D. Codified Laws § 1-16J-8 — SD Code / Title 1 / Chapter 16J / Section 1-16J-8
Investments by authority
Status: in_force

The authority may invest in the following:

(1) Bonds, notes, certificates of indebtedness, treasury bills, or other securities constituting direct obligations of, or obligations the principal of and interest on which are fully guaranteed or insured by, the United States of America;

(2) Obligations issued by, or obligations, the principal of and interest on which, are fully guaranteed or insured by, any agency or instrumentality of the United States of America;

(3) Certificates of deposit or time deposits constituting direct obligations of any bank which is a qualified public depository or any savings and loan association which is a savings and loan depository under the Public Deposit Insurance Act pursuant to chapter 4-6A , unless sufficient volume of such certificates is not available at competitive interest rates. In that event, the authority may purchase non-collateralized direct obligations of any bank or savings institution or holding company if such institution or holding company is rated in one of the highest two quality categories by a nationally recognized rating agency;

(4) Obligations of any solvent insurance company or other corporation or business entity existing under the laws of the United States or any state thereof, if the obligation of the insurance company or other corporation or business entity is rated in one of the two highest classifications established by a standard rating service of insurance companies or a nationally recognized rating agency;

(5) Short term discount obligations of the Federal National Mortgage Association;

(6) Obligations issued by any state of the United States or any political subdivision, public instrumentality, or public authority of any state of the United States, which obligations are not callable before the date the principal of the obligation will be required to be paid and which obligations are fully secured as to both sufficiency and timely payment by, and payable solely from, securities described in subdivision (1) and which obligations are rated in the highest investment classification by at least two standard rating services of such obligations;

(7) An account with the State Investment Council.

Any securities may be purchased at the offering or market price of the security at the time of the purchase. Any security so purchased shall mature or be redeemable on a date or dates prior to the time when, in the judgment of the authority, the funds so invested will be required for expenditure. The express judgment of the authority as to the time when any funds will be required for expenditure or be redeemable is final and conclusive. Investment in any obligation enumerated in this section may be made either directly or in the form of securities of, or other interests in, an investment company registered under the Federal Investment Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and whose investments are limited to these obligations.

Source: SL 2009, ch 8, § 8.
S.D. Codified Laws § 1-36A-1.24 — SD Code / Title 1 / Chapter 36A / Section 1-36A-1.24
Examination of institutions--Secretary to have free access
Status: in_force

The secretary of human services may examine the condition of any institution under the department's control, financially or otherwise; examine the methods of instruction and treatment and management of patients, the official conduct of all officers and employees, the condition of the buildings, grounds and other property, and all other matters pertaining to the functioning and management of the institution. For these purposes the secretary shall have free access to the grounds, buildings, and all books and papers relating to the institution, and all persons connected with the institution shall give such information and open such facilities for inspection as the secretary may require, and any neglect or refusal on the part of any officer, employee, or person connected with an institution to comply with the requirements of this section is sufficient cause for removal. The secretary may administer oaths and examine any person in relation to any matter connected with the inquiries authorized by this chapter.

Source: SL 1989, ch 21, § 24; SL 2012, ch 13, § 9.
S.D. Codified Laws § 1-36A-10.1 — SD Code / Title 1 / Chapter 36A / Section 1-36A-10.1
Registration of certified interpreters--Annual renewal--Fees
Status: in_force

The Department of Human Services shall register and renew the registration annually of any person certified in accordance with § 1-36A-10.4 or 1-36A-10.5 who demonstrates compliance with §§ 1-36A-10.1 to 1-36A-16 , inclusive, and who pays the applicable fees unless good cause exists to deny the registration.

Source: SL 1993, ch 21, § 1; SL 1997, ch 14, § 1; SL 2006, ch 6, § 6; SL 2012, ch 13, § 13.
S.D. Codified Laws § 1-51-3 — SD Code / Title 1 / Chapter 51 / Section 1-51-3
Division of Highway Safety transferred
Status: transferred

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

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 22, eff. Apr. 17, 2003.